Public Act 90-0018 of the 90th General Assembly
Public Act 90-0018
HB1707 Enrolled LRB9902989SMpk
AN ACT regarding public welfare.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 10-65 as follows:
(5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
Sec. 10-65. Licenses.
(a) When any licensing is required by law to be preceded
by notice and an opportunity for a hearing, the provisions of
this Act concerning contested cases shall apply.
(b) When a licensee has made timely and sufficient
application for the renewal of a license or a new license
with reference to any activity of a continuing nature, the
existing license shall continue in full force and effect
until the final agency decision on the application has been
made unless a later date is fixed by order of a reviewing
court.
(c) An application for the renewal of a license or a new
license shall include the applicant's social security number.
Each agency shall require the licensee to certify on the
renewal application form, under penalty of perjury, that he
or she is not more than 30 days delinquent in complying with
a child support order. Every renewal application shall state
that failure to so certify shall may result in disciplinary
action a denial of the renewal, and that making a false
statement may subject the licensee to contempt of court. The
agency shall notify each applicant or licensee who
acknowledges a delinquency or who, contrary to his or her
certification, is found to be delinquent or who after
receiving notice, fails to comply with a subpoena or warrant
relating to a paternity or a child support proceeding, that
the agency intends to take disciplinary action. Accordingly,
the agency shall provide written notice of the facts or
conduct upon which the agency will rely to support its
proposed action and the applicant or licensee shall be given
an opportunity for a hearing in accordance with the
provisions of the Act concerning contested cases. Any
delinquency in complying with a child support order can be
remedied by arranging for payment of past due and current
support. Any failure to comply with a subpoena or warrant
relating to a paternity or child support proceeding can be
remedied by complying with the subpoena or warrant. Upon a
final finding of delinquency or failure to comply with a
subpoena or warrant, the agency shall suspend, revoke, or
refuse to issue or renew the license. In cases in which the
Department of Public Aid has previously determined that an
applicant or a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the licensing
agency, the licensing agency shall may refuse to issue or
renew or shall may revoke or suspend that person's license or
may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Public Aid. Further process, hearings, or
redetermination of the delinquency by the licensing agency
shall not be required. In cases regarding the renewal of a
license, The licensing agency may issue or shall not renew a
any license if the Department of Public Aid has certified the
licensee to be more than 30 days delinquent in the payment of
child support unless the licensee has arranged for payment of
past and current child support obligations in a manner
satisfactory to the Department of Public Aid. The licensing
agency may impose conditions, restrictions, or disciplinary
action upon that license renewal.
(d) Except as provided in subsection (c), no agency
shall revoke, suspend, annul, withdraw, amend materially, or
refuse to renew any valid license without first giving
written notice to the licensee of the facts or conduct upon
which the agency will rely to support its proposed action and
an opportunity for a hearing in accordance with the
provisions of this Act concerning contested cases. At the
hearing, the licensee shall have the right to show compliance
with all lawful requirements for the retention, continuation,
or renewal of the license. If, however, the agency finds
that the public interest, safety, or welfare imperatively
requires emergency action, and if the agency incorporates a
finding to that effect in its order, summary suspension of a
license may be ordered pending proceedings for revocation or
other action. Those proceedings shall be promptly instituted
and determined.
(e) Any application for renewal of a license that
contains required and relevant information, data, material,
or circumstances that were not contained in an application
for the existing license shall be subject to the provisions
of subsection (a).
(Source: P.A. 89-6, eff. 3-6-95.)
Section 10. The Intergovernmental Cooperation Act is
amended by changing Section 3 as follows:
(5 ILCS 220/3) (from Ch. 127, par. 743)
Sec. 3. Intergovernmental agreements. Any power or
powers, privileges or authority exercised or which may be
exercised by a public agency of this State may be exercised
and enjoyed jointly with any other public agency of this
State and jointly with any public agency of any other state
or of the United States to the extent that laws of such other
state or of the United States do not prohibit joint exercise
or enjoyment. This includes, but is not limited to, (i)
arrangements between the Illinois Student Assistance
Commission and agencies in other states which issue
professional licenses and (ii) agreements between the
Illinois Department of Public Aid and public agencies for the
establishment and enforcement of child support orders and for
the exchange of information that may be necessary for the
enforcement of those child support orders.
(Source: P.A. 89-6, eff. 3-6-95.)
Section 15. The Civil Administrative Code of Illinois is
amended by adding Section 43a.14 as follows:
(20 ILCS 1005/43a.14 new)
Sec. 43a.14. Exchange of information for child support
enforcement.
(a) To exchange with the Illinois Department of Public
Aid information that may be necessary for the enforcement of
child support orders entered pursuant to the Illinois Public
Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) Notwithstanding any provisions in this Code to the
contrary, the Department of Employment Security shall not be
liable to any person for any disclosure of information to the
Illinois Department of Public Aid under subsection (a) or for
any other action taken in good faith to comply with the
requirements of subsection (a).
Section 20. The Civil Administrative Code of Illinois is
amended by changing Section 60 as follows:
(20 ILCS 2105/60) (from Ch. 127, par. 60)
Sec. 60. Powers and duties. The Department of
Professional Regulation shall have, subject to the provisions
of this Act, the following powers and duties:
1. To authorize examinations in English to ascertain the
qualifications and fitness of applicants to exercise the
profession, trade, or occupation for which the examination is
held.
2. To prescribe rules and regulations for a fair and
wholly impartial method of examination of candidates to
exercise the respective professions, trades, or occupations.
3. To pass upon the qualifications of applicants for
licenses, certificates, and authorities, whether by
examination, by reciprocity, or by endorsement.
4. To prescribe rules and regulations defining, for the
respective professions, trades, and occupations, what shall
constitute a school, college, or university, or department of
a university, or other institutions, reputable and in good
standing and to determine the reputability and good standing
of a school, college, or university, or department of a
university, or other institution, reputable and in good
standing by reference to a compliance with such rules and
regulations: provided, that no school, college, or
university, or department of a university or other
institution that refuses admittance to applicants solely on
account of race, color, creed, sex, or national origin shall
be considered reputable and in good standing.
5. To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as may be authorized in any
licensing Act administered by the Department with regard to
licenses, certificates, or authorities of persons exercising
the respective professions, trades, or occupations, and to
revoke, suspend, refuse to renew, place on probationary
status, or take other disciplinary action as may be
authorized in any licensing Act administered by the
Department with regard to such licenses, certificates, or
authorities. The Department shall issue a monthly
disciplinary report. The Department shall deny any license
or renewal authorized by this Act to any person who has
defaulted on an educational loan or scholarship provided by
or guaranteed by the Illinois Student Assistance Commission
or any governmental agency of this State; however, the
Department may issue a license or renewal if the
aforementioned persons have established a satisfactory
repayment record as determined by the Illinois Student
Assistance Commission or other appropriate governmental
agency of this State. Additionally, beginning June 1, 1996,
any license issued by the Department may be suspended or
revoked if the Department, after the opportunity for a
hearing under the appropriate licensing Act, finds that the
licensee has failed to make satisfactory repayment to the
Illinois Student Assistance Commission for a delinquent or
defaulted loan. For the purposes of this Section,
"satisfactory repayment record" shall be defined by rule. The
Department shall refuse to issue or renew a license to, or
shall suspend or revoke a license of, any person who, after
receiving notice, fails to comply with a subpoena or warrant
relating to a paternity or child support proceeding.
However, the Department may issue a license or renewal upon
compliance with the subpoena or warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by this Act to a person who is certified by the
Illinois Department of Public Aid as being more than 30 days
delinquent in complying with a child support order; the
Department may, however, issue a license or renewal if the
person has established a satisfactory repayment record as
determined by the Illinois Department of Public Aid. The
Department may implement this paragraph as added by Public
Act 89-6 through the use of emergency rules in accordance
with Section 5-45 of the Illinois Administrative Procedure
Act. For purposes of the Illinois Administrative Procedure
Act, the adoption of rules to implement this paragraph shall
be considered an emergency and necessary for the public
interest, safety, and welfare.
6. To transfer jurisdiction of any realty under the
control of the Department to any other Department of the
State Government, or to acquire or accept Federal lands, when
such transfer, acquisition or acceptance is advantageous to
the State and is approved in writing by the Governor.
7. To formulate rules and regulations as may be
necessary for the enforcement of any act administered by the
Department.
8. To exchange with the Illinois Department of Public
Aid information that may be necessary for the enforcement of
child support orders entered pursuant to the Illinois Public
Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act
of 1984. Notwithstanding any provisions in this Code to the
contrary, the Department of Professional Regulation shall not
be liable under any federal or State law to any person for
any disclosure of information to the Illinois Department of
Public Aid under this paragraph 8 or for any other action
taken in good faith to comply with the requirements of this
paragraph 8.
9. 8. To perform such other duties as may be prescribed
by law.
The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department, to the Department of
Central Management Services for deposit in the Paper and
Printing Revolving Fund, the remainder shall be deposited in
the General Revenue Fund.
For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend such sums from the Professional Regulation
Evidence Fund as the Director deems necessary from the
amounts appropriated for that purpose and such sums may be
advanced to the agent when the Director deems such procedure
to be in the public interest. Sums for the purchase of
controlled substances, professional services, and equipment
necessary for enforcement activities and other activities as
set forth in this Section shall be advanced to the agent who
is to make such purchase from the Professional Regulation
Evidence Fund on vouchers signed by the Director. The
Director and such agents are authorized to maintain one or
more commercial checking accounts with any State banking
corporation or corporations organized under or subject to the
Illinois Banking Act for the deposit and withdrawal of moneys
to be used for the purposes set forth in this Section;
provided, that no check may be written nor any withdrawal
made from any such account except upon the written signatures
of 2 persons designated by the Director to write such checks
and make such withdrawals. Vouchers for such expenditures
must be signed by the Director and all such expenditures
shall be audited by the Director and the audit shall be
submitted to the Department of Central Management Services
for approval.
Whenever the Department is authorized or required by law
to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment
of fees in conformance with the requirements of subsection 22
of Section 55a of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,
pursuant to positive identification, such information
contained in State files as is necessary to fulfill the
request.
The provisions of this Section do not apply to private
business and vocational schools as defined by Section 1 of
the Private Business and Vocational Schools Act.
Beginning July 1, 1995, this Section does not apply to
those professions, trades, and occupations licensed under the
Real Estate License Act of 1983 nor does it apply to any
permits, certificates, or other authorizations to do business
provided for in the Land Sales Registration Act of 1989 or
the Illinois Real Estate Time-Share Act.
(Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96.)
Section 25. The Civil Administrative Code of Illinois is
amended by changing Section 39b12 as follows:
(20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
Sec. 39b12. Exchange of information.
(a) To exchange with any State, or local subdivisions
thereof, or with the federal government, except when
specifically prohibited by law, any information which may be
necessary to efficient tax administration and which may be
acquired as a result of the administration of the above laws.
(b) To exchange with the Illinois Department of Public
Aid information that may be necessary for the enforcement of
child support orders entered pursuant to the Illinois Public
Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act
of 1984. Notwithstanding any provisions in this Code to the
contrary, the Department of Revenue shall not be liable to
any person for any disclosure of information to the Illinois
Department of Public Aid under this subsection (b) or for any
other action taken in good faith to comply with the
requirements of this subsection (b).
(Source: Laws 1953, p. 1439.)
Section 30. The Civil Administrative Code of Illinois is
amended by changing Section 55a as follows:
(20 ILCS 2605/55a) (from Ch. 127, par. 55a)
Sec. 55a. (A) The Department of State Police shall have
the following powers and duties, and those set forth in
Sections 55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (a) investigate the origins, activities, personnel
and incidents of crime and the ways and means to redress the
victims of crimes, and study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates, and enforce the criminal laws of this State
related thereto, (b) enforce all laws regulating the
production, sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing, delivering,
distributing, or use of controlled substances and cannabis,
(c) employ skilled experts, scientists, technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals, or
preparing and presenting evidence of violations of the
criminal laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State
and in making arrests and recovering property, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed by policemen in cities and sheriffs, except that
they may exercise such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties which have
been vested in the Department of State Police and the
Director of the Department of State Police by the Narcotic
Control Division Abolition Act.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
12. To transfer jurisdiction of any realty title to
which is held by the State of Illinois under the control of
the Department to any other department of the State
government or to the State Employees Housing Commission, or
to acquire or accept Federal land, when such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in such research
projects, the Department may extend the limits of any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an escape from custody of the Department and
punishable as provided in Section 3-6-4 of the Unified Code
of Corrections.
14. To provide investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the Horse Racing Act of
1975.
15. To expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division of
Criminal Investigation for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
16. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Department. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(h) compensation for any loss of or injury to real
or personal property resulting from a gang crime to a
maximum of $5,000, subject to the following provisions:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(3) compensation under this provision is a
secondary source of compensation and shall be
reduced by any amount the property owner receives
from any other source as compensation for the loss
or injury, including, but not limited to, personal
insurance coverage,
(4) no compensation may be awarded if the
property owner was an offender or an accomplice of
the offender, or if the award would unjustly benefit
the offender or offenders, or an accomplice of the
offender or offenders.
No victim or witness may receive such assistance if he or
she is not a part of or fails to fully cooperate in the
prosecution of gang crime members by law enforcement
authorities.
The Department shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
17. To conduct arson investigations.
18. To develop a separate statewide statistical police
contact record keeping system for the study of juvenile
delinquency. The records of this police contact system shall
be limited to statistical information. No individually
identifiable information shall be maintained in the police
contact statistical record system.
19. To develop a separate statewide central adjudicatory
and dispositional records system for persons under 19 years
of age who have been adjudicated delinquent minors and to
make information available to local registered participating
police youth officers so that police youth officers will be
able to obtain rapid access to the juvenile's background from
other jurisdictions to the end that the police youth officers
can make appropriate dispositions which will best serve the
interest of the child and the community. Information
maintained in the adjudicatory and dispositional record
system shall be limited to the incidents or offenses for
which the minor was adjudicated delinquent by a court, and a
copy of the court's dispositional order. All individually
identifiable records in the adjudicatory and dispositional
records system shall be destroyed when the person reaches 19
years of age.
20. To develop rules which guarantee the confidentiality
of such individually identifiable adjudicatory and
dispositional records except when used for the following:
(a) by authorized juvenile court personnel or the
State's Attorney in connection with proceedings under the
Juvenile Court Act of 1987; or
(b) inquiries from registered police youth
officers.
For the purposes of this Act "police youth officer" means
a member of a duly organized State, county or municipal
police force who is assigned by his or her Superintendent,
Sheriff or chief of police, as the case may be, to specialize
in youth problems.
21. To develop administrative rules and administrative
hearing procedures which allow a minor, his or her attorney,
and his or her parents or guardian access to individually
identifiable adjudicatory and dispositional records for the
purpose of determining or challenging the accuracy of the
records. Final administrative decisions shall be subject to
the provisions of the Administrative Review Law.
22. To charge, collect, and receive fees or moneys
equivalent to the cost of providing Department of State
Police personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Section, other State agencies,
and federal agencies, including but not limited to fees or
moneys equivalent to the cost of providing dispatching
services, radio and radar repair, and training to local
governmental agencies on such terms and conditions as in the
judgment of the Director are in the best interest of the
State; and to establish, charge, collect and receive fees or
moneys based on the cost of providing responses to requests
for criminal history record information pursuant to positive
identification and any Illinois or federal law authorizing
access to some aspect of such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions as
in the judgment of the Director are in the best interest of
the State, provided fees for requesting and furnishing
criminal history record information may be waived for
requests in the due administration of the criminal laws. The
Department may also charge, collect and receive fees or
moneys equivalent to the cost of providing electronic data
processing lines or related telecommunication services to
local governments, but only when such services can be
provided by the Department at a cost less than that
experienced by said local governments through other means.
All services provided by the Department shall be conducted
pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication
services shall be provided pursuant to the provisions of
Section 67.18 of this Code.
All fees received by the Department of State Police under
this Act or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known as the State Police Services Fund. The money
deposited in the State Police Services Fund shall be
appropriated to the Department of State Police for expenses
of the Department of State Police.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the State Police Services Fund may be
transferred to the General Revenue Fund as authorized by this
amendatory Act of 1992. The General Assembly finds that an
excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $500,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
Upon the completion of any audit of the Department of
State Police as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police
Services Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
23. To exercise the powers and perform the duties which
have been vested in the Department of State Police by the
Intergovernmental Missing Child Recovery Act of 1984, and to
establish reasonable rules and regulations necessitated
thereby.
24. (a) To establish and maintain a statewide Law
Enforcement Agencies Data System (LEADS) for the purpose of
providing electronic access by authorized entities to
criminal justice data repositories and effecting an immediate
law enforcement response to reports of missing persons,
including lost, missing or runaway minors. The Department
shall implement an automatic data exchange system to compile,
to maintain and to make available to other law enforcement
agencies for immediate dissemination data which can assist
appropriate agencies in recovering missing persons and
provide access by authorized entities to various data
repositories available through LEADS for criminal justice and
related purposes. To assist the Department in this effort,
funds may be appropriated from the LEADS Maintenance Fund.
(b) In exercising its duties under this subsection, the
Department shall:
(1) provide a uniform reporting format for the
entry of pertinent information regarding the report of a
missing person into LEADS;
(2) develop and implement a policy whereby a
statewide or regional alert would be used in situations
relating to the disappearances of individuals, based on
criteria and in a format established by the Department.
Such a format shall include, but not be limited to, the
age of the missing person and the suspected circumstance
of the disappearance;
(3) notify all law enforcement agencies that
reports of missing persons shall be entered as soon as
the minimum level of data specified by the Department is
available to the reporting agency, and that no waiting
period for the entry of such data exists;
(4) compile and retain information regarding lost,
abducted, missing or runaway minors in a separate data
file, in a manner that allows such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. Such
information shall include the disposition of all reported
lost, abducted, missing or runaway minor cases;
(5) compile and maintain an historic data
repository relating to lost, abducted, missing or runaway
minors and other missing persons in order to develop and
improve techniques utilized by law enforcement agencies
when responding to reports of missing persons; and
(6) create a quality control program regarding
confirmation of missing person data, timeliness of
entries of missing person reports into LEADS and
performance audits of all entering agencies.
25. On request of a school board or regional
superintendent of schools, to conduct an inquiry pursuant to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an applicant for employment in a school district has been
convicted of any criminal or drug offenses enumerated in
Section 10-21.9 or 34-18.5 of the School Code. The
Department shall furnish such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
26. To promulgate rules and regulations necessary for
the administration and enforcement of its powers and duties,
wherever granted and imposed, pursuant to the Illinois
Administrative Procedure Act.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (c) promulgate rules necessary for the
administration of Article 108B of the Code of Criminal
Procedure of 1963, including but not limited to standards for
recording and minimization of electronic criminal
surveillance intercepts, documentation required to be
maintained during an intercept, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization which
devotes a major portion of its time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant to positive identification,
criminal background investigations of all of that
organization's current employees, current volunteers,
prospective employees or prospective volunteers charged with
the care and custody of children during the provision of the
organization's services, and to report to the requesting
organization any record of convictions maintained in the
Department's files about such persons. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual. Any such information obtained by the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the purpose of
evaluating the individual. Only information and standards
which bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Department or any member, employee or
volunteer of the organization receiving confidential
information under this subsection who gives or causes to be
given any confidential information concerning any criminal
convictions of an individual shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the availability of State or
Federal funds to revise and upgrade the Illinois Uniform
Crime Reporting System. All law enforcement agencies shall
report monthly to the Department of State Police concerning
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. Such information shall be compiled by the
Department and be disseminated upon request to any local law
enforcement agency, unit of local government, or state
agency. Dissemination of such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police shall provide training for
State Police officers in identifying, responding to, and
reporting all hate crimes. The Illinois Local Governmental
Law Enforcement Officer's Training Board shall develop and
certify a course of such training to be made available to
local law enforcement officers.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, receive, expend,
allocate, or disburse funds and moneys made available by
public or private entities, including, but not limited to,
contracts, bequests, grants, or receiving equipment from
corporations, foundations, or public or private institutions
of higher learning. All funds received by the Department
from these sources shall be deposited into the appropriate
fund in the State Treasury to be appropriated to the
Department for purposes as indicated by the grantor or
contractor or, in the case of funds or moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director in administering the
responsibilities of the Department.
34. Upon the request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department of Children
and Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and information maintained in the adjudicatory and
dispositional record system as defined in subdivision (A)19
of this Section if the Department of Children and Family
Services determines the information is necessary to perform
its duties under the Abused and Neglected Child Reporting
Act, the Child Care Act of 1969, and the Children and Family
Services Act. The request shall be in the form and manner
specified by the Department of State Police.
(B) The Department of State Police may establish and
maintain, within the Department of State Police, a Statewide
Organized Criminal Gang Database (SWORD) for the purpose of
tracking organized criminal gangs and their memberships.
Information in the database may include, but not be limited
to, the name, last known address, birth date, physical
descriptions (such as scars, marks, or tattoos), officer
safety information, organized gang affiliation, and entering
agency identifier. The Department may develop, in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed by the Department, an
automated data exchange system to compile, to maintain, and
to make this information electronically available to
prosecutors and to other law enforcement agencies. The
information may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
(C) The Department of State Police may ascertain the
number of bilingual police officers and other personnel
needed to provide services in a language other than English
and may establish, under applicable personnel rules and
Department guidelines or through a collective bargaining
agreement, a bilingual pay supplement program.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Public
Aid Code and Title IV, Section D of the Social Security Act.
The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
(Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
Section 35. The Counties Code is amended by adding
Section 3-5036.5 as follows:
(55 ILCS 5/3-5036.5 new)
Sec. 3-5036.5. Exchange of information for child support
enforcement.
(a) The Recorder shall exchange with the Illinois
Department of Public Aid information that may be necessary
for the enforcement of child support orders entered pursuant
to the Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Revised Uniform Reciprocal Enforcement of
Support Act, the Uniform Interstate Family Support Act, or
the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the
contrary, the Recorder shall not be liable to any person for
any disclosure of information to the Illinois Department of
Public Aid under subsection (a) or for any other action taken
in good faith to comply with the requirements of subsection
(a).
Section 40. The Illinois Banking Act is amended by
changing Section 48.1 and adding Section 48.4 as follows:
(205 ILCS 5/48.1) (from Ch. 17, par. 360)
Sec. 48.1. Customer financial records; confidentiality.
(a) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of (1)
a document granting signature authority over a deposit or
account, (2) a statement, ledger card or other record on any
deposit or account, which shows each transaction in or with
respect to that account, (3) a check, draft or money order
drawn on a bank or issued and payable by a bank, or (4) any
other item containing information pertaining to any
relationship established in the ordinary course of a bank's
business between a bank and its customer.
(b) This Section does not prohibit:
(1) The preparation, examination, handling or
maintenance of any financial records by any officer,
employee or agent of a bank having custody of the
records, or the examination of the records by a certified
public accountant engaged by the bank to perform an
independent audit.
(2) The examination of any financial records by, or
the furnishing of financial records by a bank to, any
officer, employee or agent of (i) the Commissioner of
Banks and Real Estate, (ii) after May 31, 1997, a state
regulatory authority authorized to examine a branch of a
State bank located in another state, (iii) the
Comptroller of the Currency, (iv) the Federal Reserve
Board, or (v) the Federal Deposit Insurance Corporation
for use solely in the exercise of his duties as an
officer, employee, or agent.
(3) The publication of data furnished from
financial records relating to customers where the data
cannot be identified to any particular customer or
account.
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1986.
(5) Furnishing information concerning the dishonor
of any negotiable instrument permitted to be disclosed
under the Uniform Commercial Code.
(6) The exchange in the regular course of business
of credit information between a bank and other banks or
financial institutions or commercial enterprises,
directly or through a consumer reporting agency.
(7) The furnishing of information to the
appropriate law enforcement authorities where the bank
reasonably believes it has been the victim of a crime.
(8) The furnishing of information under the Uniform
Disposition of Unclaimed Property Act.
(9) The furnishing of information under the
Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information under the
federal Currency and Foreign Transactions Reporting Act
Title 31, United States Code, Section 1051 et seq.
(11) The furnishing of information under any other
statute that by its terms or by regulations promulgated
thereunder requires the disclosure of financial records
other than by subpoena, summons, warrant, or court order.
(12) The furnishing of information about the
existence of an account of a person to a judgment
creditor of that person who has made a written request
for that information.
(13) The exchange in the regular course of business
of information between commonly owned banks in connection
with a transaction authorized under paragraph (23) of
Section 5 and conducted at an affiliate facility.
(14) The furnishing of information in accordance
with the federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996. Any bank governed
by this Act shall enter into an agreement for data
exchanges with a State agency provided the State agency
pays to the bank a reasonable fee not to exceed its
actual cost incurred. A bank providing information in
accordance with this item shall not be liable to any
account holder or other person for any disclosure of
information to a State agency, for encumbering or
surrendering any assets held by the bank in response to a
lien or order to withhold and deliver issued by a State
agency, or for any other action taken pursuant to this
item, including individual or mechanical errors, provided
the action does not constitute gross negligence or
willful misconduct. A bank shall have no obligation to
hold, encumber, or surrender assets until it has been
served with a subpoena, summons, warrant, court or
administrative order, lien, or levy.
(c) A bank may not disclose to any person, except to the
customer or his duly authorized agent, any financial records
relating to that customer of that bank unless:
(1) the customer has authorized disclosure to the
person;
(2) the financial records are disclosed in response
to a lawful subpoena, summons, warrant or court order
which meets the requirements of subsection (d) of this
Section; or
(3) the bank is attempting to collect an obligation
owed to the bank and the bank complies with the
provisions of Section 2I of the Consumer Fraud and
Deceptive Business Practices Act.
(d) A bank shall disclose financial records under
paragraph (2) of subsection (c) of this Section under a
lawful subpoena, summons, warrant, or court order only after
the bank mails a copy of the subpoena, summons, warrant, or
court order to the person establishing the relationship with
the bank, if living, and, otherwise his personal
representative, if known, at his last known address by first
class mail, postage prepaid, unless the bank is specifically
prohibited from notifying the person by order of court or by
applicable State or federal law. A bank shall not mail a
copy of a subpoena to any person pursuant to this subsection
if the subpoena was issued by a grand jury under the
Statewide Grand Jury Act.
(e) Any officer or employee of a bank who knowingly and
willfully furnishes financial records in violation of this
Section is guilty of a business offense and, upon conviction,
shall be fined not more than $1,000.
(f) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of a bank to
disclose financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.
(g) A bank shall be reimbursed for costs that are
reasonably necessary and that have been directly incurred in
searching for, reproducing, or transporting books, papers,
records, or other data of a customer required or requested to
be produced pursuant to a lawful subpoena, summons, warrant,
or court order. The Commissioner shall determine the rates
and conditions under which payment may be made.
(Source: P.A. 88-273; 89-208, eff. 9-29-95; 89-364, eff.
8-18-95; 89-508, eff. 7-3-96; 89-626, eff. 8-9-96.)
(205 ILCS 5/48.4 new)
Sec. 48.4. Administrative liens for past-due child
support. Any bank governed by this Act shall encumber or
surrender accounts or assets held by the bank on behalf of
any responsible relative who is subject to a child support
lien, upon notice of the lien or levy of the Illinois
Department of Public Aid or its successor agency pursuant to
Section 10-25.5 of the Illinois Public Aid Code, or upon
notice of interstate lien from any other state's agency
responsible for implementing the child support enforcement
program set forth in Title IV, Part D of the Social Security
Act.
Section 43. The Illinois Savings and Loan Act of 1985 is
amended by changing Section 3-8 and adding Section 1-6d as
follows:
(205 ILCS 105/1-6d new)
Sec. 1-6d. Administrative liens for past-due child
support. Any association governed by this Act shall encumber
or surrender accounts or assets held by the association on
behalf of any responsible relative who is subject to a child
support lien, upon notice of the lien or levy of the Illinois
Department of Public Aid or its successor agency pursuant to
Section 10-25.5 of the Illinois Public Aid Code, or upon
notice of interstate lien from any other state's agency
responsible for implementing the child support enforcement
program set forth in Title IV, Part D of the Social Security
Act.
(205 ILCS 105/3-8) (from Ch. 17, par. 3303-8)
Sec. 3-8. Access to books and records; communication
with members.
(a) Every member or holder of capital shall have the
right to inspect the books and records of the association
that pertain to his account. Otherwise, the right of
inspection and examination of the books and records shall be
limited as provided in this Act, and no other person shall
have access to the books and records or shall be entitled to
a list of the members.
(b) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of (i)
a document granting signature authority over a deposit or
account; (ii) a statement, ledger card, or other record on
any deposit or account that shows each transaction in or with
respect to that account; (iii) a check, draft, or money order
drawn on an association or issued and payable by an
association; or (iv) any other item containing information
pertaining to any relationship established in the ordinary
course of an association's business between an association
and its customer.
(c) This Section does not prohibit:
(1) The preparation, examination, handling, or
maintenance of any financial records by any officer,
employee, or agent of an association having custody of
those records or the examination of those records by a
certified public accountant engaged by the association to
perform an independent audit;
(2) The examination of any financial records by, or
the furnishing of financial records by an association to,
any officer, employee, or agent of the Commissioner of
Banks and Real Estate, Federal Savings and Loan Insurance
Corporation and its successors, Federal Deposit Insurance
Corporation, Resolution Trust Corporation and its
successors, Federal Home Loan Bank Board and its
successors, Office of Thrift Supervision, Federal Housing
Finance Board, Board of Governors of the Federal Reserve
System, any Federal Reserve Bank, or the Office of the
Comptroller of the Currency for use solely in the
exercise of his duties as an officer, employee, or agent;
(3) The publication of data furnished from
financial records relating to members or holders of
capital where the data cannot be identified to any
particular member, holder of capital, or account;
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1986;
(5) Furnishing information concerning the dishonor
of any negotiable instrument permitted to be disclosed
under the Uniform Commercial Code;
(6) The exchange in the regular course of business
of credit information between an association and other
associations or financial institutions or commercial
enterprises, directly or through a consumer reporting
agency;
(7) The furnishing of information to the
appropriate law enforcement authorities where the
association reasonably believes it has been the victim of
a crime;
(8) The furnishing of information pursuant to the
Uniform Disposition of Unclaimed Property Act;
(9) The furnishing of information pursuant to the
Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act;
(10) The furnishing of information pursuant to the
federal "Currency and Foreign Transactions Reporting
Act", (Title 31, United States Code, Section 1051 et
seq.);
(11) The furnishing of information pursuant to any
other statute that by its terms or by regulations
promulgated thereunder requires the disclosure of
financial records other than by subpoena, summons,
warrant, or court order;
(12) The exchange of information between an
association and an affiliate of the association; as used
in this item, "affiliate" includes any company,
partnership, or organization that controls, is controlled
by, or is under common control with an association.
(13) The furnishing of information in accordance
with the federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996. Any association
governed by this Act shall enter into an agreement for
data exchanges with a State agency provided the State
agency pays to the association a reasonable fee not to
exceed its actual cost incurred. An association
providing information in accordance with this item shall
not be liable to any account holder or other person for
any disclosure of information to a State agency, for
encumbering or surrendering any assets held by the
association in response to a lien or order to withhold
and deliver issued by a State agency, or for any other
action taken pursuant to this item, including individual
or mechanical errors, provided the action does not
constitute gross negligence or willful misconduct. An
association shall have no obligation to hold, encumber,
or surrender assets until it has been served with a
subpoena, summons, warrant, court or administrative
order, lien, or levy.
(d) An association may not disclose to any person,
except to the member or holder of capital or his duly
authorized agent, any financial records relating to that
member or holder of capital of that association unless:
(1) The member or holder of capital has authorized
disclosure to the person; or
(2) The financial records are disclosed in response
to a lawful subpoena, summons, warrant, or court order
that meets the requirements of subsection (e) of this
Section.
(e) An association shall disclose financial records
under subsection (d) of this Section pursuant to a lawful
subpoena, summons, warrant, or court order only after the
association mails a copy of the subpoena, summons, warrant,
or court order to the person establishing the relationship
with the association, if living, and, otherwise, his personal
representative, if known, at his last known address by first
class mail, postage prepaid, unless the association is
specifically prohibited from notifying that person by order
of court.
(f) (1) Any officer or employee of an association who
knowingly and willfully furnishes financial records in
violation of this Section is guilty of a business offense
and, upon conviction, shall be fined not more than $1,000.
(2) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of an association
to disclose financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.
(g) However, if any member desires to communicate with
the other members of the association with reference to any
question pending or to be presented at a meeting of the
members, the association shall give him upon request a
statement of the approximate number of members entitled to
vote at the meeting and an estimate of the cost of preparing
and mailing the communication. The requesting member then
shall submit the communication to the Commissioner who, if he
finds it to be appropriate and truthful, shall direct that it
be prepared and mailed to the members upon the requesting
member's payment or adequate provision for payment of the
expenses of preparation and mailing.
(h) An Association shall be reimbursed for costs that
are necessary and that have been directly incurred in
searching for, reproducing, or transporting books, papers,
records, or other data of a customer required to be
reproduced pursuant to a lawful subpoena, warrant, or court
order.
(Source: P.A. 88-222; 89-508, eff. 7-3-96.)
Section 45. The Savings Bank Act is amended by changing
Section 4013 and adding Section 7007 as follows:
(205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
Sec. 4013. Access to books and records; communication
with members and shareholders.
(a) Every member or shareholder shall have the right to
inspect books and records of the savings bank that pertain to
his accounts. Otherwise, the right of inspection and
examination of the books and records shall be limited as
provided in this Act, and no other person shall have access
to the books and records nor shall be entitled to a list of
the members or shareholders.
(b) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of (1)
a document granting signature authority over a deposit or
account; (2) a statement, ledger card, or other record on any
deposit or account that shows each transaction in or with
respect to that account; (3) a check, draft, or money order
drawn on a savings bank or issued and payable by a savings
bank; or (4) any other item containing information pertaining
to any relationship established in the ordinary course of a
savings bank's business between a savings bank and its
customer.
(c) This Section does not prohibit:
(1) The preparation examination, handling, or
maintenance of any financial records by any officer,
employee, or agent of a savings bank having custody of
records or examination of records by a certified public
accountant engaged by the savings bank to perform an
independent audit.
(2) The examination of any financial records by, or
the furnishing of financial records by a savings bank to,
any officer, employee, or agent of the Commissioner of
Banks and Real Estate or the Federal Deposit Insurance
Corporation for use solely in the exercise of his duties
as an officer, employee, or agent.
(3) The publication of data furnished from
financial records relating to members or holders of
capital where the data cannot be identified to any
particular member, shareholder, or account.
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1986.
(5) Furnishing information concerning the dishonor
of any negotiable instrument permitted to be disclosed
under the Uniform Commercial Code.
(6) The exchange in the regular course of business
of credit information between a savings bank and other
savings banks or financial institutions or commercial
enterprises, directly or through a consumer reporting
agency.
(7) The furnishing of information to the
appropriate law enforcement authorities where the savings
bank reasonably believes it has been the victim of a
crime.
(8) The furnishing of information pursuant to the
Uniform Disposition of Unclaimed Property Act.
(9) The furnishing of information pursuant to the
Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information pursuant to the
federal "Currency and Foreign Transactions Reporting
Act", (Title 31, United States Code, Section 1051 et
seq.).
(11) The furnishing of information pursuant to any
other statute which by its terms or by regulations
promulgated thereunder requires the disclosure of
financial records other than by subpoena, summons,
warrant, or court order.
(12) The furnishing of information in accordance
with the federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996. Any savings bank
governed by this Act shall enter into an agreement for
data exchanges with a State agency provided the State
agency pays to the savings bank a reasonable fee not to
exceed its actual cost incurred. A savings bank
providing information in accordance with this item shall
not be liable to any account holder or other person for
any disclosure of information to a State agency, for
encumbering or surrendering any assets held by the
savings bank in response to a lien or order to withhold
and deliver issued by a State agency, or for any other
action taken pursuant to this item, including individual
or mechanical errors, provided the action does not
constitute gross negligence or willful misconduct. A
savings bank shall have no obligation to hold, encumber,
or surrender assets until it has been served with a
subpoena, summons, warrant, court or administrative
order, lien, or levy.
(d) A savings bank may not disclose to any person,
except to the member or holder of capital or his duly
authorized agent, any financial records relating to that
member or shareholder of the savings bank unless:
(1) the member or shareholder has authorized
disclosure to the person; or
(2) the financial records are disclosed in response
to a lawful subpoena, summons, warrant, or court order
that meets the requirements of subsection (e) of this
Section.
(e) A savings bank shall disclose financial records
under subsection (d) of this Section pursuant to a lawful
subpoena, summons, warrant, or court order only after the
savings bank mails a copy of the subpoena, summons, warrant,
or court order to the person establishing the relationship
with the savings bank, if living, and otherwise, his personal
representative, if known, at his last known address by first
class mail, postage prepaid, unless the savings bank is
specifically prohibited from notifying the person by order of
court.
(f) Any officer or employee of a savings bank who
knowingly and willfully furnishes financial records in
violation of this Section is guilty of a business offense
and, upon conviction, shall be fined not more than $1,000.
(g) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of a savings bank
to disclose financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.
(h) If any member or shareholder desires to communicate
with the other members or shareholders of the savings bank
with reference to any question pending or to be presented at
an annual or special meeting, the savings bank shall give
that person, upon request, a statement of the approximate
number of members or shareholders entitled to vote at the
meeting and an estimate of the cost of preparing and mailing
the communication. The requesting member shall submit the
communication to the Commissioner who, upon finding it to be
appropriate and truthful, shall direct that it be prepared
and mailed to the members upon the requesting member's or
shareholder's payment or adequate provision for payment of
the expenses of preparation and mailing.
(i) A savings bank shall be reimbursed for costs that
are necessary and that have been directly incurred in
searching for, reproducing, or transporting books, papers,
records, or other data of a customer required to be
reproduced pursuant to a lawful subpoena, warrant, or court
order.
(j) Notwithstanding the provisions of this Section, a
savings bank may sell or otherwise make use of lists of
customers' names and addresses. All other information
regarding a customer's account are subject to the disclosure
provisions of this Section. At the request of any customer,
that customer's name and address shall be deleted from any
list that is to be sold or used in any other manner beyond
identification of the customer's accounts.
(Source: P.A. 89-508, eff. 7-3-96.)
(205 ILCS 205/7007 new)
Sec. 7007. Administrative liens for past-due child
support. Any savings bank governed by this Act shall
encumber or surrender accounts or assets held by the savings
bank on behalf of any responsible relative who is subject to
a child support lien, upon notice of the lien or levy of the
Illinois Department of Public Aid or its successor agency
pursuant to Section 10-25.5 of the Illinois Public Aid Code,
or upon notice of interstate lien from any other state's
agency responsible for implementing the child support
enforcement program set forth in Title IV, Part D of the
Social Security Act.
Section 50. The Illinois Credit Union Act is amended by
changing Section 10 and adding Section 43.1 as follows:
(205 ILCS 305/10) (from Ch. 17, par. 4411)
Sec. 10. Credit union records; member financial records.
(1) A credit union shall establish and maintain books,
records, accounting systems and procedures which accurately
reflect its operations and which enable the Department to
readily ascertain the true financial condition of the credit
union and whether it is complying with this Act.
(2) A photostatic or photographic reproduction of any
credit union records shall be admissible as evidence of
transactions with the credit union.
(3) (a) For the purpose of this Section, the term
"financial records" means any original, any copy, or any
summary of (1) a document granting signature authority
over an account, (2) a statement, ledger card or other
record on any account which shows each transaction in or
with respect to that account, (3) a check, draft or money
order drawn on a financial institution or other entity or
issued and payable by or through a financial institution
or other entity, or (4) any other item containing
information pertaining to any relationship established in
the ordinary course of business between a credit union
and its member.
(b) This Section does not prohibit:
(1) The preparation, examination, handling or
maintenance of any financial records by any officer,
employee or agent of a credit union having custody
of such records, or the examination of such records
by a certified public accountant engaged by the
credit union to perform an independent audit;
(2) The examination of any financial records
by or the furnishing of financial records by a
credit union to any officer, employee or agent of
the Department, the National Credit Union
Administration, Federal Reserve board or any insurer
of share accounts for use solely in the exercise of
his duties as an officer, employee or agent;
(3) The publication of data furnished from
financial records relating to members where the data
cannot be identified to any particular customer of
account;
(4) The making of reports or returns required
under Chapter 61 of the Internal Revenue Code of
1954;
(5) Furnishing information concerning the
dishonor of any negotiable instrument permitted to
be disclosed under the Uniform Commercial Code;
(6) The exchange in the regular course of
business of credit information between a credit
union and other credit unions or financial
institutions or commercial enterprises, directly or
through a consumer reporting agency;
(7) The furnishing of information to the
appropriate law enforcement authorities where the
credit union reasonably believes it has been the
victim of a crime;
(8) The furnishing of information pursuant to
the Uniform Disposition of Unclaimed Property Act;
(9) The furnishing of information pursuant to
the Illinois Income Tax Act and the Illinois Estate
and Generation-Skipping Transfer Tax Act;
(10) The furnishing of information pursuant to
the federal "Currency and Foreign Transactions
Reporting Act", Title 31, United States Code,
Section 1051 et sequentia; or
(11) The furnishing of information pursuant to
any other statute which by its terms or by
regulations promulgated thereunder requires the
disclosure of financial records other than by
subpoena, summons, warrant or court order.
(12) The furnishing of information in
accordance with the federal Personal Responsibility
and Work Opportunity Reconciliation Act of 1996. Any
credit union governed by this Act shall enter into
an agreement for data exchanges with a State agency
provided the State agency pays to the credit union a
reasonable fee not to exceed its actual cost
incurred. A credit union providing information in
accordance with this item shall not be liable to any
account holder or other person for any disclosure of
information to a State agency, for encumbering or
surrendering any assets held by the credit union in
response to a lien or order to withhold and deliver
issued by a State agency, or for any other action
taken pursuant to this item, including individual or
mechanical errors, provided the action does not
constitute gross negligence or willful misconduct. A
credit union shall have no obligation to hold,
encumber, or surrender assets until it has been
served with a subpoena, summons, warrant, court or
administrative order, lien, or levy.
(c) A credit union may not disclose to any person,
except to the member or his duly authorized agent, any
financial records relating to that member of the credit union
unless:
(1) the member has authorized disclosure to the
person;
(2) the financial records are disclosed in response
to a lawful subpoena, summons, warrant or court order
that meets the requirements of subparagraph (d) of this
Section; or
(3) the credit union is attempting to collect an
obligation owed to the credit union and the credit union
complies with the provisions of Section 2I of the
Consumer Fraud and Deceptive Business Practices Act.
(d) A credit union shall disclose financial records
under subparagraph (c)(2) of this Section pursuant to a
lawful subpoena, summons, warrant or court order only after
the credit union mails a copy of the subpoena, summons,
warrant or court order to the person establishing the
relationship with the credit union, if living, and otherwise
his personal representative, if known, at his last known
address by first class mail, postage prepaid unless the
credit union is specifically prohibited from notifying the
person by order of court or by applicable State or federal
law. In the case of a grand jury subpoena, a credit union
shall not mail a copy of a subpoena to any person pursuant to
this subsection if the subpoena was issued by a grand jury
under the Statewide Grand Jury Act or notifying the person
would constitute a violation of the federal Right to
Financial Privacy Act of 1978.
(e) (1) Any officer or employee of a credit union who
knowingly and wilfully furnishes financial records in
violation of this Section is guilty of a business offense
and upon conviction thereof shall be fined not more than
$1,000.
(2) Any person who knowingly and wilfully induces
or attempts to induce any officer or employee of a credit
union to disclose financial records in violation of this
Section is guilty of a business offense and upon
conviction thereof shall be fined not more than $1,000.
(f) A credit union shall be reimbursed for costs which
are reasonably necessary and which have been directly
incurred in searching for, reproducing or transporting books,
papers, records or other data of a member required or
requested to be produced pursuant to a lawful subpoena,
summons, warrant or court order.
(Source: P.A. 89-603, eff. 8-2-96.)
(205 ILCS 305/43.1 new)
Sec. 43.1. Administrative liens for past-due child
support. Any credit union governed by this Act shall
encumber or surrender accounts or assets held by the credit
union on behalf of any responsible relative who is subject to
a child support lien, upon notice of the lien or levy of the
Illinois Department of Public Aid or its successor agency
pursuant to Section 10-25.5 of the Illinois Public Aid Code,
or upon notice of interstate lien from any other state's
agency responsible for implementing the child support
enforcement program set forth in Title IV, Part D of the
Social Security Act.
Section 55. The Foreign Banking Office Act is amended by
changing Section 3 and adding Section 20 as follows:
(205 ILCS 645/3) (from Ch. 17, par. 2710)
(Text of Section before amendment by P.A. 89-208)
Sec. 3. Certificates of authority; qualifications;
rights. A foreign banking corporation, upon receipt of a
certificate of authority from the Commissioner, may establish
and maintain a single banking office in the central business
district of Chicago to conduct thereat a general banking
business and may apply for, and procure from the
Commissioner, a certificate of authority to conduct thereat a
trust business pursuant to the Corporate Fiduciary Act. No
such foreign banking corporation is, however, entitled to a
certificate of authority under this Act unless, under the
laws of the country under which such foreign banking
corporation was organized, a State bank and a national bank
may be authorized to maintain a banking office which may
engage in a general banking business or may be authorized to
own all the shares (except for directors' qualifying shares)
of a banking organization organized under the laws of such
country.
Upon receipt of a certificate of authority under this
Act, a foreign banking corporation may conduct its banking
business in this State with the same, but no greater, rights
and privileges as a State bank, and except as otherwise
provided in this Act, subject to the same duties,
restrictions, penalties and liabilities now or hereafter
imposed under the Illinois Banking Act upon a State bank;
provided, however, that said rights and privileges shall not
be construed to include the establishment of branches under
paragraph (15) of Section 5 of the Illinois Banking Act. Any
such banking office shall be maintained subject to
supervision and examination by the Commissioner and such
reports and examinations as are required of State banks under
the Illinois Banking Act applicable to such banking office.
(Source: P.A. 88-271; 89-364, eff. 8-18-95; 89-626, eff.
8-9-96.)
(Text of Section after amendment by P.A. 89-208)
Sec. 3. Certificates of authority; qualifications;
rights; supervision. A foreign banking corporation, upon
receipt of a certificate of authority from the Commissioner,
may establish and maintain an Illinois banking office to
conduct thereat a general banking business and may apply for,
and procure from the Commissioner, a certificate of authority
to conduct thereat a trust business pursuant to the Corporate
Fiduciary Act. No such foreign banking corporation is,
however, entitled to a certificate of authority under this
Act unless, under the laws of the country under which such
foreign banking corporation was organized, a State bank and a
national bank may be authorized to maintain a banking office
which may engage in a general banking business or may be
authorized to own all the shares (except for directors'
qualifying shares) of a banking organization organized under
the laws of such country.
Upon receipt of a certificate of authority under this
Act, a foreign banking corporation may conduct its banking
business in this State with the same, but no greater, rights
and privileges as a State bank, and except as otherwise
provided in this Act, subject to the same duties,
restrictions, penalties and liabilities now or hereafter
imposed under the Illinois Banking Act upon a State bank.
Any such banking office shall be maintained subject to
supervision and examination by the Commissioner and such
reports and examinations as are required of State banks under
the Illinois Banking Act applicable to such banking office.
This Section does not prohibit the furnishing of
information in accordance with the federal Personal
Responsibility and Work Opportunity Reconciliation Act of
1996. Any foreign banking corporation governed by this Act
shall enter into an agreement for data exchanges with a State
agency provided the State agency pays to the foreign banking
corporation a reasonable fee not to exceed its actual cost
incurred. A foreign banking corporation providing
information in accordance with this item shall not be liable
to any account holder or other person for any disclosure of
information to a State agency, for encumbering or
surrendering any assets held by the foreign banking
corporation in response to a lien or order to withhold and
deliver issued by a State agency, or for any other action
taken pursuant to this item, including individual or
mechanical errors, provided the action does not constitute
gross negligence or willful misconduct. A foreign banking
corporation shall have no obligation to hold, encumber, or
surrender assets until it has been served with a subpoena,
summons, warrant, court or administrative order, lien, or
levy.
(Source: P.A. 88-271; 89-208, eff. 6-1-97; 89-364, eff.
8-18-95; 89-626, eff. 8-9-96.)
(205 ILCS 645/20 new)
Sec. 20. Administrative liens for past-due child
support. Any foreign banking corporation governed by this
Act shall encumber or surrender accounts or assets held by
the foreign banking corporation on behalf of any responsible
relative who is subject to a child support lien, upon notice
of the lien or levy of the Illinois Department of Public Aid
or its successor agency pursuant to Section 10-25.5 of the
Illinois Public Aid Code, or upon notice of interstate lien
from any other state's agency responsible for implementing
the child support enforcement program set forth in Title IV,
Part D of the Social Security Act.
Section 60. The Illinois Insurance Code is amended by
changing Sections 238, 299.1a, and 337.1 and adding Sections
238.1 and 299.1b as follows:
(215 ILCS 5/238) (from Ch. 73, par. 850)
Sec. 238. Exemption.
(a) All proceeds payable because of the death of the
insured and the aggregate net cash value of any or all life
and endowment policies and annuity contracts payable to a
wife or husband of the insured, or to a child, parent or
other person dependent upon the insured, whether the power to
change the beneficiary is reserved to the insured or not, and
whether the insured or his estate is a contingent beneficiary
or not, shall be exempt from execution, attachment,
garnishment or other process, for the debts or liabilities of
the insured incurred subsequent to the effective date of this
Code, except as to premiums paid in fraud of creditors within
the period limited by law for the recovery thereof.
(b) Any insurance company doing business in this State
and governed by this Code shall encumber or surrender
accounts as defined in Section 10-24 of the Illinois Public
Aid Code held by the insurance company owned by any
responsible relative who is subject to a child support lien,
upon notice of the lien or levy by the Illinois Department of
Public Aid or its successor agency pursuant to Section
10-25.5 of the Illinois Public Aid Code, or upon notice of
interstate lien from any other state's agency responsible for
implementing the child support enforcement program set forth
in Title IV, Part D of the Social Security Act.
This Section does not prohibit the furnishing of
information in accordance with the federal Personal
Responsibility and Work Opportunity Reconciliation Act of
1996. Any insurance company governed by this Code shall
enter into an agreement for data exchanges with the
Department of Public Aid provided the Department of Public
Aid pays to the insurance company a reasonable fee not to
exceed its actual cost incurred. An insurance company
providing information in accordance with this item shall not
be liable to any owner of an account as defined in Section
10-24 of the Illinois Public Aid Code or other person for any
disclosure of information to the Department of Public Aid,
for encumbering or surrendering any accounts as defined in
Section 10-24 of the Illinois Public Aid Code held by the
insurance company in response to a lien or order to withhold
and deliver issued by a State agency, or for any other action
taken pursuant to this item, including individual or
mechanical errors, provided the action does not constitute
gross negligence or willful misconduct. An insurance company
shall have no obligation to hold, encumber, or surrender any
accounts as defined in Section 10-24 of the Illinois Public
Aid Code until it has been served with a subpoena, summons,
warrant, court or administrative order, lien, or levy
requiring that action.
(Source: Laws 1937, p. 696.)
(215 ILCS 5/238.1 new)
Sec. 238.1. Data exchanges; administrative liens.
(a) Any insurance company doing business in the State
and governed by this Code shall enter into an agreement for
data exchanges with the Illinois Department of Public Aid for
the purpose of locating accounts as defined in Section 10-24
of the Illinois Public Aid Code of responsible relatives to
satisfy past-due child support owed by responsible relatives
under an order for support entered by a court or
administrative body of this or any other State on behalf of
resident or non-resident persons.
(b) Notwithstanding any provisions in this Code to the
contrary, an insurance company shall not be liable to any
person:
(1) for any disclosure of information to the
Illinois Department of Public Aid under subsection (a);
(2) for encumbering or surrendering any accounts as
defined in Section 10-24 of the Illinois Public Aid Code
held by such insurance company in response to a notice of
lien or levy issued by the Illinois Department of Public
Aid, or by any other state's child support enforcement
agency, as provided for in Section 238 of this Code; or
(3) for any other action taken in good faith to
comply with the requirements of subsection (a).
(215 ILCS 5/299.1a) (from Ch. 73, par. 911.1a)
Sec. 299.1a. Benefits not Attachable.
(a) No money or other charity, relief or aid to be paid,
provided or rendered by any society shall be liable to
attachment, garnishment or other process or to be seized,
taken, appropriated or applied by any legal or equitable
process or operation of law to pay any debt or liability of a
member or beneficiary, or any other person who may have a
right thereunder, either before or after payment by the
society.
(b) Any benefit association doing business in this State
and governed by this Article XVII shall encumber or surrender
accounts as defined in Section 10-24 of the Illinois Public
Aid Code held by the benefit association owned by any
responsible relative who is subject to a child support lien,
upon notice of the lien or levy by the Illinois Department of
Public Aid or its successor agency pursuant to Section
10-25.5 of the Illinois Public Aid Code, or upon notice of
interstate lien from any other state's agency responsible for
implementing the child support enforcement program set forth
in Title IV, Part D of the Social Security Act.
This Section shall not prohibit the furnishing of
information in accordance with the federal Personal
Responsibility and Work Opportunity Reconciliation Act of
1996. Any benefit association governed by this Article XVII
shall enter into an agreement for data exchanges with the
Department of Public Aid provided the Department of Public
Aid pays to the benefit association a reasonable fee not to
exceed its actual cost incurred. A benefit association
providing information in accordance with this item shall not
be liable to any account holder or other person for any
disclosure of information to a State agency, for encumbering
or surrendering any accounts as defined in Section 10-24 of
the Illinois Public Aid Code held by the benefit association
in response to a lien or order to withhold and deliver issued
by a State agency, or for any other action taken pursuant to
this item, including individual or mechanical errors,
provided the action does not constitute gross negligence or
willful misconduct. A benefit association shall have no
obligation to hold, encumber, or surrender accounts until it
has been served with a subpoena, summons, warrant, court or
administrative order, lien, or levy requiring that action.
(Source: P.A. 84-303.)
(215 ILCS 5/299.1b new)
Sec. 299.1b. Data exchanges; administrative liens.
(a) Any benefit association doing business in the State
and governed by this Code shall enter into an agreement for
data exchanges with the Illinois Department of Public Aid for
the purpose of locating accounts as defined in Section 10-24
of the Illinois Public Aid Code of responsible relatives to
satisfy past-due child support owed by responsible relatives
under an order for support entered by a court or
administrative body of this or any other State on behalf of
resident or non-resident persons.
(b) Notwithstanding any provisions in this Code to the
contrary, a benefit association shall not be liable to any
person:
(1) for any disclosure of information to the
Illinois Department of Public Aid under subsection (a);
(2) for encumbering or surrendering any accounts as
defined in Section 10-24 of the Illinois Public Aid Code
held by such benefit association in response to a notice
of lien or levy issued by the Illinois Department of
Public Aid, or by any other state's child support
enforcement agency, as provided for in Section 299.1a of
this Code; or
(3) for any other action taken in good faith to
comply with the requirements of subsection (a).
(215 ILCS 5/337.1 new)
Sec. 337.1. Data exchanges; administrative liens.
(a) Any benefit association governed by this Article
XVIII shall encumber or surrender accounts as defined in
Section 10-24 of the Illinois Public Aid Code held by the
benefit association on behalf of any responsible relative who
is subject to a child support lien, upon notice of the lien
or levy by the Illinois Department of Public Aid or its
successor agency pursuant to Section 10-25.5 of the Illinois
Public Aid Code, or upon notice of interstate lien from any
other state's agency responsible for implementing the child
support enforcement program set forth in Title IV, Part D of
the Social Security Act.
(b) This Section shall not prohibit the furnishing of
information in accordance with the federal Personal
Responsibility and Work Opportunity Reconciliation Act of
1996. Any benefit association governed by this Article XVIII
shall enter into an agreement for data exchanges with the
Department of Public Aid provided the Department of Public
Aid pays to the benefit association a reasonable fee not to
exceed its actual cost incurred. A benefit association
providing information in accordance with this item shall not
be liable to any owner of an account as defined in Section
10-24 of the Illinois Public Aid Code or other person for any
disclosure of information to the Department of Public Aid,
for encumbering or surrendering any accounts held by the
benefit association in response to a lien or order to
withhold and deliver issued by the Department of Public Aid,
or for any other action taken pursuant to this item,
including individual or mechanical errors, provided the
action does not constitute gross negligence or willful
misconduct. A benefit association shall have no obligation to
hold, encumber, or surrender the accounts or portions thereof
as defined in Section 10-24 of the Illinois Public Aid Code
until it has been served with a subpoena, summons, warrant,
court or administrative order, lien, or levy.
Section 65. The Illinois Public Aid Code is amended by
changing Sections 10-1, 10-2, 10-3.1, 10-3.3, 10-6, 10-10,
10-11, 10-11.1, 10-16.2, 10-17.1, 10-17.2, and 12-10.2 and
adding Sections 10-3.4, 10-8.1, 10-17.11, 10-24, 10-24.5,
10-24.30, 10-24.35, 10-24.40, 10-24.45, 10-24.50, 10-25,
10-25.5, and 12-4.7c as follows:
(305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
Sec. 10-1. Declaration of Public Policy - Persons
Eligible for Child and Spouse Support Services - Fees for
Non-Applicants and Non-Recipients.) It is the intent of this
Code that the financial aid and social welfare services
herein provided supplement rather than supplant the primary
and continuing obligation of the family unit for self-support
to the fullest extent permitted by the resources available to
it. This primary and continuing obligation applies whether
the family unit of parents and children or of husband and
wife remains intact and resides in a common household or
whether the unit has been broken by absence of one or more
members of the unit. The obligation of the family unit is
particularly applicable when a member is in necessitous
circumstances and lacks the means of a livelihood compatible
with health and well-being.
It is the purpose of this Article to provide for locating
an absent parent or spouse, for determining his financial
circumstances, and for enforcing his legal obligation of
support, if he is able to furnish support, in whole or in
part. The Illinois Department of Public Aid shall give
priority to establishing, enforcing and collecting the
current support obligation, and then to past due support owed
to the family unit, except with respect to collections
effected through the intercept programs provided for in this
Article.
The child and spouse support services provided hereunder
shall be furnished dependents of an absent parent or spouse
who are applicants for or recipients of financial aid under
this Code. It is not, however, a condition of eligibility
for financial aid that there be no responsible relatives who
are reasonably able to provide support. Nor, except as
provided in Sections 4-1.7 and 10-8, shall the existence of
such relatives or their payment of support contributions
disqualify a needy person for financial aid.
By accepting financial aid under this Code, a spouse or a
parent or other person having custody of a child shall be
deemed to have made assignment to the Illinois Department for
aid under Articles III, IV, V and VII or to a local
governmental unit for aid under Article VI of any and all
rights, title, and interest in any support obligation up to
the amount of financial aid provided. The rights to support
assigned to the Illinois Department of Public Aid or local
governmental unit shall constitute an obligation owed the
State or local governmental unit by the person who is
responsible for providing the support, and shall be
collectible under all applicable processes.
The Illinois Department of Public Aid shall also furnish
the child and spouse support services established under this
Article in behalf of persons who are not applicants for or
recipients of financial aid under this Code in accordance
with the requirements of Title IV, Part D of the Social
Security Act. At the discretion of the Illinois Department
of Public Aid, the child and spouse support services
established under this Article may also be furnished in
behalf of spouses and dependent children who are not
applicants for or recipients of financial aid under this
Code. The Department may limit eligibility of these persons
to designated income classes. If non-applicants and
non-recipients are included, The Department may establish a
schedule of reasonable fees, to be paid for the services
provided and may deduct a collection fee, not to exceed 10%
of the amount collected, from such collection. The Illinois
Department of Public Aid shall cause to be published and
distributed publications reasonably calculated to inform the
public that individuals who are not recipients of or
applicants for public aid under this Code are eligible for
the child and spouse support services under this Article X.
Such publications shall set forth an explanation, in plain
language, that the child and spouse support services program
is independent of any public aid program under the Code and
that the receiving of child and spouse support service in no
way implies that the person receiving such service is
receiving public aid.
(Source: P.A. 85-597.)
(305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
Sec. 10-2. Extent of Liability. A husband is liable for
the support of his wife and a wife for the support of her
husband. The parents are severally liable for the support of
any child under age 21, except that a parent is not liable
for a child age 18 or over if such child is not living with
the parent or parents, and a parent is not liable for a child
of any age if the child has married and is not living with
the parent or parents. A child shall be considered to be
living with the parent or parents if such child is absent
from the parent's or parents' home only in order to regularly
attend a school, college or university or to receive
technical training designed for preparation for gainful
employment. The term "child" includes a child born out of
wedlock, or legally adopted child, but the liability of the
father of a child born out of wedlock shall not be
enforceable unless he has been determined to be the child's
father in a judicial or administrative proceeding, or he has
or shall acknowledge paternity of the child in accordance
with Section 10-17.7 of this Code or Section 12 of the Vital
Records Act.
In addition to the primary obligation of support imposed
upon responsible relatives, such relatives, if individually
or together in any combination they have sufficient income or
other resources to support a needy person, in whole or in
part, shall be liable for any financial aid extended under
this Code to a person for whose support they are responsible,
including amounts expended for funeral and burial costs.
(Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
Sec. 10-3.1. Child and Spouse Support Unit. The
Illinois Department shall establish within its administrative
staff a Child and Spouse Support Unit to search for and
locate absent parents and spouses liable for the support of
persons resident in this State and to exercise the support
enforcement powers and responsibilities assigned the
Department by this Article. The unit shall cooperate with
all law enforcement officials in this State and with the
authorities of other States in locating persons responsible
for the support of persons resident in other States and shall
invite the cooperation of these authorities in the
performance of its duties.
In addition to other duties assigned the Child and Spouse
Support Unit by this Article, the Unit may refer to the
Attorney General or units of local government with the
approval of the Attorney General, any actions under Sections
10-10 and 10-15 for judicial enforcement of the support
liability. The Child and Spouse Support Unit shall act for
the Department in referring to the Attorney General support
matters requiring judicial enforcement under other laws. If
requested by the Attorney General to so act, as provided in
Section 12-16, attorneys of the Unit may assist the Attorney
General or themselves institute actions in behalf of the
Illinois Department under the Revised Uniform Reciprocal
Enforcement of Support Act; under the Illinois Parentage Act
of 1984; under the Non-Support of Spouse and Children Act; or
under any other law, State or Federal, providing for support
of a spouse or dependent child.
The Illinois Department shall also have the authority to
enter into agreements with local governmental units or
individuals, with the approval of the Attorney General, for
the collection of moneys owing because of the failure of a
parent to make child support payments for any child receiving
services under this Article. Such agreements may be on a
contingent fee basis, but such contingent fee shall not
exceed 25% of the total amount collected.
An attorney who provides representation pursuant to this
Section shall represent the Illinois Department exclusively.
Regardless of the designation of the plaintiff in an action
brought pursuant to this Section, an attorney-client
relationship does not exist for purposes of that action
between that attorney and (i) an applicant for or recipient
of child and spouse support services or (ii) any other party
to the action other than the Illinois Department. Nothing in
this Section shall be construed to modify any power or duty
(including a duty to maintain confidentiality) of the Child
and Spouse Support Unit or the Illinois Department otherwise
provided by law.
The Illinois Department may also enter into agreements
with local governmental units for the Child and Spouse
Support Unit to exercise the investigative and enforcement
powers designated in this Article, including the issuance of
administrative orders under Section 10-11, in locating
responsible relatives and obtaining support for persons
applying for or receiving aid under Article VI. Payments for
defrayment of administrative costs and support payments
obtained shall be deposited into the Public Assistance
Recoveries Trust Fund. Support payments shall be paid over
to the General Assistance Fund of the local governmental unit
at such time or times as the agreement may specify.
With respect to those cases in which it has support
enforcement powers and responsibilities under this Article,
the Illinois Department may provide by rule for periodic or
other review of each administrative and court order for
support to determine whether a modification of the order
should be sought. The Illinois Department shall provide for
and conduct such review in accordance with any applicable
federal law and regulation.
As part of its process for review of orders for support,
the Illinois Department, through written notice, may require
the responsible relative to disclose his or her Social
Security Number and past and present information concerning
the relative's address, employment, gross wages, deductions
from gross wages, net wages, bonuses, commissions, number of
dependent exemptions claimed, individual and dependent health
insurance coverage, and any other information necessary to
determine the relative's ability to provide support in a case
receiving child and spouse support services under this
Article X.
If the responsible relative fails to fully respond to the
notice for information within 15 days after the date the
relative receives the notice, The Illinois Department may
send a written request for the same information to the
relative's employer. The employer shall respond to the
request for information within 15 days after the date the
employer receives the request. If the employer willfully
fails to fully respond within the 15-day period, the employer
shall pay 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 in favor of
the Illinois Department.
A written request for information sent to an employer
pursuant to this Section shall consist of (i) a citation of
this Section as the statutory authority for the request and
for the employer's obligation to provide the requested
information, (ii) a returnable form setting forth the
employer's name and address and listing the name of the
employee with respect to whom information is requested, and
(iii) a citation of this Section as the statutory authority
authorizing the employer to withhold a fee of up to $20 from
the wages or income to be paid to each responsible relative
for providing the information to the Illinois Department
within the 15-day period. If the employer is withholding
support payments from the responsible relative's income
pursuant to an order for withholding, the employer may
withhold the fee provided for in this Section only after
withholding support as required under the order. Any amounts
withheld from the responsible relative's income for payment
of support and the fee provided for in this Section shall not
be in excess of the amounts permitted under the federal
Consumer Credit Protection Act.
In a case receiving child and spouse support services,
the Illinois Department may request and obtain information
from a particular employer under this Section no more than
once in any 12-month period, unless the information is
necessary to conduct a review of a court or administrative
order for support at the request of the person receiving
child and spouse support services.
The Illinois Department shall establish and maintain an
administrative unit to receive and transmit to the Child and
Spouse Support Unit information supplied by persons applying
for or receiving child and spouse support services under
Section 10-1. In addition, the Illinois Department shall
address and respond to any alleged deficiencies that persons
receiving or applying for services from the Child and Spouse
Support Unit may identify concerning the Child and Spouse
Support Unit's provision of child and spouse support
services. Within 60 days after an action or failure to act by
the Child and Spouse Support Unit that affects his or her
case, a recipient of or applicant for child and spouse
support services under Article X of this Code may request an
explanation of the Unit's handling of the case. At the
requestor's option, the explanation may be provided either
orally in an interview, in writing, or both. If the Illinois
Department fails to respond to the request for an explanation
or fails to respond in a manner satisfactory to the applicant
or recipient within 30 days from the date of the request for
an explanation, the applicant or recipient may request a
conference for further review of the matter by the Office of
the Administrator of the Child and Spouse Support Unit. A
request for a conference may be submitted at any time within
60 days after the explanation has been provided by the Child
and Spouse Support Unit or within 60 days after the time for
providing the explanation has expired.
The applicant or recipient may request a conference
concerning any decision denying or terminating child or
spouse support services under Article X of this Code, and the
applicant or recipient may also request a conference
concerning the Unit's failure to provide services or the
provision of services in an amount or manner that is
considered inadequate. For purposes of this Section, the
Child and Spouse Support Unit includes all local governmental
units or individuals with whom the Illinois Department has
contracted under Section 10-3.1.
Upon receipt of a timely request for a conference, the
Office of the Administrator shall review the case. The
applicant or recipient requesting the conference shall be
entitled, at his or her option, to appear in person or to
participate in the conference by telephone. The applicant or
recipient requesting the conference shall be entitled to be
represented and to be afforded a reasonable opportunity to
review the Illinois Department's file before or at the
conference. At the conference, the applicant or recipient
requesting the conference shall be afforded an opportunity to
present all relevant matters in support of his or her claim.
Conferences shall be without cost to the applicant or
recipient requesting the conference and shall be conducted by
a representative of the Child or Spouse Support Unit who did
not participate in the action or inaction being reviewed.
The Office of the Administrator shall conduct a
conference and inform all interested parties, in writing, of
the results of the conference within 60 days from the date of
filing of the request for a conference.
In addition to its other powers and responsibilities
established by this Article, the Child and Spouse Support
Unit shall conduct an annual assessment of each institution's
program for institution based paternity establishment under
Section 12 of the Vital Records Act.
(Source: P.A. 88-307; 88-687, eff. 1-24-95.)
(305 ILCS 5/10-3.3)
Sec. 10-3.3. Locating support obligor and others;
penalties.
(a) The Child and Spouse Support Unit may request and
receive from employers, labor unions, telephone companies,
and utility companies 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 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.
The employer of a putative father or noncustodial parent
or the labor union of which the putative father or
noncustodial parent is a member shall respond to the request
of the Child and Spouse Support Unit within 15 days after the
employer or labor union receives the request. Any employer
or labor union 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 or labor union in favor of the Illinois
Department.
(b) Pursuant to an administrative subpoena as authorized
under this Code, the Child and Spouse Support Unit may
request and receive from utility companies and cable
television companies location information concerning
individuals who owe or are owed support or against whom or
with respect to whom a support obligation is sought.
(Source: P.A. 89-395, eff. 1-1-96.)
(305 ILCS 5/10-3.4 new)
Sec. 10-3.4. Obtaining location information.
(a) The Illinois Department shall enter into agreements
with the Department of State Police and the Secretary of
State to obtain location information on persons for the
purpose of establishing paternity, and establishing,
modifying, and enforcing child support obligations.
(b) Upon request, the Illinois Department shall provide
information obtained pursuant to this Section to federal
agencies and other states' agencies conducting child support
enforcement activities under Title IV, Part D of the Social
Security Act.
(305 ILCS 5/10-6) (from Ch. 23, par. 10-6)
Sec. 10-6. Investigation and Determination. The
administrative enforcement unit shall review the forms or
questionnaires returned by each responsible relative and
supplement the information provided therein, where required,
by such additional consultations with the responsible
relative and such other investigations as may be necessary,
including genetic testing if paternity is an issue and,
applying the standard or guidelines and regulations
established by the Illinois Department, shall determine
whether and the extent to which, the responsible relative
individually or together in any combination, are reasonably
able to provide support. If the child was born out of wedlock
and the case is subject to the voluntary acknowledgment of
paternity or the administrative determination of paternity
under rules established under Section 10-17.7, the Child and
Spouse Support Unit of the Illinois Department shall
determine the child support obligation under subsection (b)
of Section 10-7 upon establishing the child's paternity. If
the child's paternity was established by judicial or
administrative process in any other state, the Illinois
Department may use administrative processes contained in this
Article X to establish a child support order.
In aid of its investigative authority, the Child and
Spouse Support Unit of the Illinois Department may use the
subpoena power as set forth in this Article.
The Illinois Department, by rule, may authorize the
administrative enforcement units to conduct periodic or other
reinvestigations and redeterminations of the financial
ability of responsible relatives. Any redeterminations shall
have the effect of altering, amending, or modifying previous
determinations and administrative orders entered pursuant to
Sections 10-7 and 10-11. However, any redetermination which
establishes liability for support or reimbursement, or which
modifies the support or reimbursement liability specified in
a prior order, shall be subject to the provisions of Section
10-12 and the administrative and judicial review procedures
herein provided for original orders.
(Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
(305 ILCS 5/10-8.1 new)
Sec. 10-8.1. Temporary order for child support.
Notwithstanding any other law to the contrary, pending the
outcome of an administrative determination of parentage, the
Illinois Department shall issue a temporary order for child
support, upon motion by a party and a showing of clear and
convincing evidence of paternity. In determining the amount
of the temporary child support award, the Illinois Department
shall use the guidelines and standards set forth in
subsection (a) of Section 505 and in Section 505.2 of the
Illinois Marriage and Dissolution of Marriage Act.
Any new or existing support order entered by the Illinois
Department under this Section shall be deemed to be a series
of judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each judgment to be
deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect, and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
All orders for support entered or modified in a case in
which a party is receiving child and spouse support services
under this Article X shall include a provision requiring the
non-custodial parent to notify the Illinois Department,
within 7 days, (i) of the name, address, and telephone number
of any new employer of the non-custodial parent, (ii) whether
the non-custodial parent has access to health insurance
coverage through the employer or other group coverage, and,
if so, the policy name and number and the names of persons
covered under the policy, and (iii) of any new residential or
mailing address or telephone number of the non-custodial
parent.
In any subsequent action to enforce a support order, upon
sufficient showing that diligent effort has been made to
ascertain the location of the non-custodial parent, service
of process or provision of notice necessary in that action
may be made at the last known address of the non-custodial
parent, in any manner expressly provided by the Code of Civil
Procedure or this Act, which service shall be sufficient for
purposes of due process.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the Illinois Department from
modifying the order.
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to
persons who are not applicants or recipients. Except where
the Illinois Department, by agreement, acts for the local
governmental unit, as provided in Section 10-3.1, local
governmental units shall refer to the State's Attorney or to
the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of
non-support or insufficient support when the dependents are
applicants or recipients under Article VI. The Child and
Spouse Support Unit established by Section 10-3.1 may
institute in behalf of the Illinois Department any actions
under this Section for judicial enforcement of the support
liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII (b) applicants or
recipients in a local governmental unit when the Illinois
Department, by