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Public Act 100-0487


 

Public Act 0487 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0487
 
HB2812 EnrolledLRB100 06426 KTG 16465 b

    AN ACT concerning public aid.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Aid Code is amended by
changing Section 10-3.3 as follows:
 
    (305 ILCS 5/10-3.3)
    Sec. 10-3.3. Locating support obligor and others;
penalties.
    (a) Upon request by the Child and Spouse Support Unit,
employers, labor unions, cellular telephone companies, and
telephone companies shall provide location information
concerning putative fathers and noncustodial parents for the
purpose of establishing a child's paternity or establishing,
enforcing, or modifying a child support obligation. In this
Section, "location information" means information about (i)
the physical whereabouts, including, but not limited to, the
home address, home telephone number, cellular telephone
number, and e-mail address of a putative father or noncustodial
parent, (ii) the putative father or noncustodial parent's
employer, or (iii) the salary, wages, and other compensation
paid and the health insurance coverage provided to the putative
father or noncustodial parent by the employer of the putative
father or noncustodial parent or by a labor union of which the
putative father or noncustodial parent is a member. As used in
this Section, "cellular telephone company" includes a cellular
telephone or wireless carrier or provider, but does not include
a pre-paid wireless carrier or provider. As used in this
Section, "physical whereabouts" does not include real time or
historical location tracking information.
    An employer, labor union, cellular telephone company, or
telephone company shall respond to the request of the Child and
Spouse Support Unit within 15 days after receiving the request.
Any employer, labor union, cellular telephone company, or
telephone company that willfully fails to fully respond within
the 15-day period shall be subject to a penalty of $100 for
each day that the response is not provided to the Illinois
Department after the 15-day period has expired. The penalty may
be collected in a civil action, which may be brought against
the employer, labor union, cellular telephone company, or
telephone company in favor of the Illinois Department.
    (b) Upon being served with an administrative subpoena as
authorized under this Code, a utility company or cable
television company must provide location information to the
Child and Spouse Support Unit for the purpose of establishing a
child's paternity or establishing, enforcing, or modifying a
child support obligation.
    (c) Notwithstanding the provisions of any other State or
local law to the contrary, an employer, labor union, cellular
telephone company, telephone company, utility company, or
cable television company shall not be liable to any person for
disclosure of location information under the requirements of
this Section, except for willful and wanton misconduct.
(Source: P.A. 93-116, eff. 7-10-03.)

Effective Date: 6/1/2018