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Public Act 91-0613
SB19 Enrolled LRB9100065SMdvA
AN ACT regarding child support enforcement.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Non-Support Punishment Act.
Section 5. Prosecutions by State's Attorneys. A
proceeding for enforcement of this Act may be instituted and
prosecuted by the several State's Attorneys only upon the
filing of a verified complaint by the person or persons
receiving child or spousal support.
Section 7. Prosecutions by Attorney General. In
addition to enforcement proceedings by the several State's
Attorneys, a proceeding for the enforcement of this Act may
be instituted and prosecuted by the Attorney General in
cases referred by the Illinois Department of Public Aid
involving persons receiving child and spouse support services
under Article X of the Illinois Public Aid Code. Before
referring a case to the Attorney General for enforcement
under this Act, the Department of Public Aid shall notify the
person receiving child and spouse support services under
Article X of the Illinois Public Aid Code of the Department's
intent to refer the case to the Attorney General under this
Section for prosecution.
Section 10. Proceedings. Proceedings under this Act may
be by indictment or information. No proceeding may be brought
under Section 15 against a person whose court or
administrative order for support was entered by default,
unless the indictment or information specifically alleges
that the person has knowledge of the existence of the order
for support and that the person has the ability to pay the
support.
Section 15. Failure to support.
(a) A person commits the offense of failure to support
when he or she:
(1) willfully, without any lawful excuse, refuses
to provide for the support or maintenance of his or her
spouse, with the knowledge that the spouse is in need of
such support or maintenance, or, without lawful excuse,
deserts or willfully refuses to provide for the support
or maintenance of his or her child or children under the
age of 18 years, in need of support or maintenance and
the person has the ability to provide the support; or
(2) willfully fails to pay a support obligation
required under a court or administrative order for
support, if the obligation has remained unpaid for a
period longer than 6 months, or is in arrears in an
amount greater than $5,000, and the person has the
ability to provide the support; or
(3) leaves the State with the intent to evade a
support obligation required under a court or
administrative order for support, if the obligation,
regardless of when it accrued, has remained unpaid for a
period longer than 6 months, or is in arrears in an
amount greater than $10,000; or
(4) willfully fails to pay a support obligation
required under a court or administrative order for
support, if the obligation has remained unpaid for a
period longer than one year, or is in arrears in an
amount greater than $20,000, and the person has the
ability to provide the support.
(a-5) Presumption of ability to pay support. The
existence of a court or administrative order of support that
was not based on a default judgment and was in effect for the
time period charged in the indictment or information creates
a rebuttable presumption that the obligor has the ability to
pay the support obligation for that time period.
(b) Sentence. A person convicted of a first offense
under subdivision (a)(1) or (a)(2) is guilty of a Class A
misdemeanor. A person convicted of an offense under
subdivision (a)(3) or (a)(4) or a second or subsequent
offense under subdivision (a)(1) or (a)(2) is guilty of a
Class 4 felony.
(c) Expungement. A person convicted of a first offense
under subdivision (a)(1) or (a)(2) who is eligible for the
Earnfare program, shall, in lieu of the sentence prescribed
in subsection (b), be referred to the Earnfare program. Upon
certification of completion of the Earnfare program, the
conviction shall be expunged. If the person fails to
successfully complete the Earnfare program, he or she shall
be sentenced in accordance with subsection (b).
(d) Fine. Sentences of imprisonment and fines for
offenses committed under this Act shall be as provided under
Articles 8 and 9 of Chapter V of the Unified Code of
Corrections, except that the court shall order restitution of
all unpaid support payments and may impose the following
fines, alone, or in addition to a sentence of imprisonment
under the following circumstances:
(1) from $1,000 to $5,000 if the support obligation
has remained unpaid for a period longer than 2 years, or
is in arrears in an amount greater than $1,000 and not
exceeding $10,000;
(2) from $5,000 to $10,000 if the support obligation
has remained unpaid for a period longer than 5 years, or
is in arrears in an amount greater than $10,000 and not
exceeding $20,000; or
(3) from $10,000 to $25,000 if the support
obligation has remained unpaid for a period longer than 8
years, or is in arrears in an amount greater than
$20,000.
Restitution shall be ordered in an amount equal to the
total unpaid support obligation as it existed at the time of
sentencing. Any amounts paid by the obligor shall be
allocated first to current support and then to restitution
ordered and then to fines imposed under this Section.
Section 20. Entry of order for support; income
withholding.
(a) In a case in which no court or administrative order
for support is in effect against the defendant:
(1) at any time before the trial, upon motion of the
State's Attorney, or of the Attorney General if the
action has been instituted by his office, and upon notice
to the defendant, or at the time of arraignment or as a
condition of postponement of arraignment, the court may
enter such temporary order for support as may seem just,
providing for the support or maintenance of the spouse or
child or children of the defendant, or both, pendente
lite; or
(2) before trial with the consent of the defendant,
or at the trial on entry of a plea of guilty, or after
conviction, instead of imposing the penalty provided in
this Act, or in addition thereto, the court may enter an
order for support, subject to modification by the court
from time to time as circumstances may require, directing
the defendant to pay a certain sum for maintenance of the
spouse, or for support of the child or children, or both.
(b) The court shall determine the amount of child support
by using 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.
(c) The court shall determine the amount of maintenance
using the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
(d) The court may, for violation of any order under this
Section, punish the offender as for a contempt of court, but
no pendente lite order shall remain in effect longer than 4
months, or after the discharge of any panel of jurors
summoned for service thereafter in such court, whichever is
sooner.
(e) Any order for support entered by the court under this
Section shall be deemed to be a series of judgments against
the person obligated to pay support under the judgments, 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
judgment shall have the full force, effect, and attributes of
any other judgment of this State, including the ability to be
enforced. Each 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.
(f) An order for support entered under this Section shall
include a provision requiring the obligor to report to the
obligee and to the clerk of the court within 10 days each
time the obligor obtains new employment, and each time the
obligor's employment is terminated for any reason. The
report shall be in writing and shall, in the case of new
employment, include the name and address of the new employer.
Failure to report new employment or the termination of
current employment, if coupled with nonpayment of support for
a period in excess of 60 days, is indirect criminal contempt.
For any obligor arrested for failure to report new
employment, bond shall be set in the amount of the child
support that should have been paid during the period of
unreported employment.
An order for support entered under this Section shall
also include a provision requiring the obligor and obligee
parents to advise each other of a change in residence within
5 days of the change except when the court finds that the
physical, mental, or emotional health of a party or of a
minor child, or both, would be seriously endangered by
disclosure of the party's address.
(g) An order for support entered or modified in a case in
which a party is receiving child and spouse support services
under Article X of the Illinois Public Aid Code shall include
a provision requiring the noncustodial parent to notify the
Illinois Department of Public Aid, within 7 days, of the name
and address of any new employer of the noncustodial parent,
whether the noncustodial 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.
(h) In any subsequent action to enforce an order for
support entered under this Act, upon sufficient showing that
diligent effort has been made to ascertain the location of
the noncustodial parent, service of process or provision of
notice necessary in that action may be made at the last known
address of the noncustodial parent, in any manner expressly
provided by the Code of Civil Procedure or in this Act, which
service shall be sufficient for purposes of due process.
(i) 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 subsection shall
be construed to prevent the court from modifying the order.
Section 22. Withholding of income to secure payment of
support. An order for support entered or modified under this
Act is subject to the Income Withholding for Support Act.
Section 25. Payment of support to State Disbursement
Unit; clerk of the court.
(a) As used in this Section, "order for support",
"obligor", "obligee", and "payor" mean those terms as defined
in the Income Withholding for Support Act.
(b) Each order for support entered or modified under
Section 20 of this Act shall require that support payments be
made to the State Disbursement Unit established under the
Illinois Public Aid Code, under the following circumstances:
(1) when a party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code; or
(2) when no party to the order is receiving child
and spouse support services, but the support payments are
made through income withholding.
(c) When no party to the order is receiving child and
spouse support services, and payments are not being made
through income withholding, the court shall order the obligor
to make support payments to the clerk of the court.
(d) In the case of an order for support entered by the
court under this Act before a party commenced receipt of
child and spouse support services, upon receipt of these
services by a party the Illinois Department of Public Aid
shall provide notice to the obligor to send any support
payments he or she makes personally to the State Disbursement
Unit until further direction of the Department. The
Department shall provide a copy of the notice to the obligee
and to the clerk of the court.
(e) If a State Disbursement Unit as specified by federal
law has not been created in Illinois upon the effective date
of this Act, then, until the creation of a State Disbursement
Unit as specified by federal law, the following provisions
regarding payment and disbursement of support payments shall
control and the provisions in subsections (a), (b), (c), and
(d) shall be inoperative. Upon the creation of a State
Disbursement Unit as specified by federal law, this
subsection (e) shall be inoperative and the payment and
disbursement provisions of subsections (a), (b), (c), and (d)
shall control.
(1) In cases in which an order for support is
entered under Section 20 of this Act, the court shall
order that maintenance and support payments be made to
the clerk of the court for remittance to the person or
agency entitled to receive the payments. However, the
court in its discretion may direct otherwise where
exceptional circumstances so warrant.
(2) The court shall direct that support payments be
sent by the clerk to (i) the Illinois Department of
Public Aid if the person in whose behalf payments are
made is receiving aid under Articles III, IV, or V of the
Illinois Public Aid Code, or child and spouse support
services under Article X of the Code, or (ii) to the
local governmental unit responsible for the support of
the person if he or she is a recipient under Article VI
of the Code. In accordance with federal law and
regulations, the Illinois Department of Public Aid may
continue to collect current maintenance payments or child
support payments, or both, after those persons cease to
receive public assistance and until termination of
services under Article X of the Illinois Public Aid Code.
The Illinois Department shall pay the net amount
collected to those persons after deducting any costs
incurred in making the collection or any collection fee
from the amount of any recovery made. The order shall
permit the Illinois Department of Public Aid or the local
governmental unit, as the case may be, to direct that
support payments be made directly to the spouse,
children, or both, or to some person or agency in their
behalf, upon removal of the spouse or children from the
public aid rolls or upon termination of services under
Article X of the Illinois Public Aid Code; and upon such
direction, the Illinois Department or the local
governmental unit, as the case requires, shall give
notice of such action to the court in writing or by
electronic transmission.
(3) The clerk of the court shall establish and
maintain current records of all moneys received and
disbursed and of delinquencies and defaults in required
payments. The court, by order or rule, shall make
provision for the carrying out of these duties.
(4) Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid
to the clerk of the court that a person who is receiving
support payments under this Section is receiving services
under the Child Support Enforcement Program established
by Title IV-D of the Social Security Act, any support
payments subsequently received by the clerk of the court
shall be transmitted in accordance with the instructions
of the Illinois Department of Public Aid until the
Department gives notice to cease the transmittal. After
providing the notification authorized under this
paragraph, the Illinois Department of Public Aid shall be
a party and entitled to notice of any further proceedings
in the case. The clerk of the court shall file a copy of
the Illinois Department of Public Aid's notification in
the court file. The failure of the clerk to file a copy
of the notification in the court file shall not, however,
affect the Illinois Department of Public Aid's rights as
a party or its right to receive notice of further
proceedings.
(5) Payments under this Section to the Illinois
Department of Public Aid pursuant to the Child Support
Enforcement Program established by Title IV-D of the
Social Security Act shall be paid into the Child Support
Enforcement Trust Fund. All other payments under this
Section to the Illinois Department of Public Aid shall be
deposited in the Public Assistance Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
the Illinois Public Aid Code. Payments received by a
local governmental unit shall be deposited in that unit's
General Assistance Fund.
(6) For those cases in which child support is
payable to the clerk of the circuit court for transmittal
to the Illinois Department of Public Aid by order of
court or upon notification by the Illinois Department of
Public Aid, the clerk shall transmit all such payments,
within 4 working days of receipt, to insure that funds
are available for immediate distribution by the
Department to the person or entity entitled thereto in
accordance with standards of the Child Support
Enforcement Program established under Title IV-D of the
Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at
the time of transmittal. Where the clerk has entered
into an agreement of cooperation with the Department to
record the terms of child support orders and payments
made thereunder directly into the Department's automated
data processing system, the clerk shall account for,
transmit and otherwise distribute child support payments
in accordance with such agreement in lieu of the
requirements contained herein.
Section 30. Information to State Case Registry.
(a) When an order for support is entered or modified
under Section 20 of this Act, the clerk of the court shall,
within 5 business days, provide to the State Case Registry
established under Section 10-27 of the Illinois Public Aid
Code the court docket number and county in which the order is
entered or modified and the following information, which the
parents involved in the case shall disclose to the court:
(1) the names of the custodial and noncustodial
parents and of the child or children covered by the
order;
(2) the dates of birth of the custodial and
noncustodial parents and of the child or children covered
by the order;
(3) the social security numbers of the custodial and
noncustodial parents and, if available, of the child or
children covered by the order;
(4) the residential and mailing address for the
custodial and noncustodial parents;
(5) the telephone numbers for the custodial and
noncustodial parents;
(6) the driver's license numbers for the custodial
and noncustodial parents; and
(7) the name, address, and telephone number of each
parent's employer or employers.
(b) When an order for support is entered or modified
under Section 20 in a case in which a party is receiving
child and spouse support services under Article X of the
Illinois Public Aid Code, the clerk shall provide the State
Case Registry with the following information within 5
business days:
(1) the information specified in subsection (a);
(2) the amount of monthly or other periodic support
owed under the order and other amounts, including
arrearages, interest, or late payment penalties and fees,
due or overdue under the order;
(3) any amounts described in subdivision (2) of this
subsection (b) that have been received by the clerk; and
(4) the distribution of the amounts received by the
clerk.
(c) A party shall report to the clerk of the circuit
court changes in information required to be disclosed under
this Section within 5 business days of the change.
(d) To the extent that updated information is in the
clerk's possession, the clerk shall provide updates of the
information specified in subsection (b) within 5 business
days after the Illinois Department of Public Aid's request
for that updated information.
Section 35. Fine; release of defendant on probation;
violation of order for support; forfeiture of recognizance.
(a) Whenever a fine is imposed it may be directed by the
court to be paid, in whole or in part, to the spouse,
ex-spouse, or if the support of a child or children is
involved, to the custodial parent, to the clerk, probation
officer, or to the Illinois Department of Public Aid if a
recipient of child and spouse support services under Article
X of the Illinois Public Aid Code is involved as the case
requires, to be disbursed by such officers or agency under
the terms of the order.
(b) The court may also relieve the defendant from custody
on probation for the period fixed in the order or judgment
upon his or her entering into a recognizance, with or without
surety, in the sum as the court orders and approves. The
condition of the recognizance shall be such that if the
defendant makes his or her personal appearance in court
whenever ordered to do so by the court, during such period as
may be so fixed, and further complies with the terms of the
order for support, or any subsequent modification of the
order, then the recognizance shall be void; otherwise it will
remain in full force and effect.
(c) If the court is satisfied by testimony in open court,
that at any time during the period of one year the defendant
has violated the terms of the order for support, it may
proceed with the trial of the defendant under the original
charge, or sentence him or her under the original conviction,
or enforce the suspended sentence, as the case may be. In
case of forfeiture of recognizance, and enforcement of
recognizance by execution, the sum so recovered may, in the
discretion of the court, be paid, in whole or in part, to the
spouse, ex-spouse, or if the support of a child or children
is involved, to the custodial parent, to the clerk, or to the
Illinois Department of Public Aid if a recipient of child and
spouse support services under Article X of the Illinois
Public Aid Code is involved as the case requires, to be
disbursed by the clerk or the Department under the terms of
the order.
Section 40. Evidence. No other or greater evidence
shall be required to prove the marriage of a husband and
wife, or that the defendant is the father or mother of the
child or children than is or shall be required to prove that
fact in a civil action.
Section 45. Husband or wife as competent witness. In no
prosecution under this Act shall any existing statute or rule
of law prohibiting the disclosure of confidential
communications between husband and wife apply. And both
husband and wife shall be competent witnesses to testify to
any and all relevant matters, including the fact of such
marriage and of the parentage of such child or children,
provided that neither shall be compelled to give evidence
incriminating himself or herself.
Section 50. Community service; work alternative program.
(a) In addition to any other penalties imposed against an
offender under this Act, the court may order the offender to
perform community service for not less than 30 and not more
than 120 hours per month, if community service is available
in the jurisdiction and is funded and approved by the county
board of the county where the offense was committed. In
addition, whenever any person is placed on supervision for
committing an offense under this Act, the supervision shall
be conditioned on the performance of the community service.
(b) In addition to any other penalties imposed against an
offender under this Act, the court may sentence the offender
to service in a work alternative program administered by the
sheriff. The conditions of the program are that the offender
obtain or retain employment and participate in a work
alternative program administered by the sheriff during
non-working hours. A person may not be required to
participate in a work alternative program under this
subsection if the person is currently participating in a work
program pursuant to another provision of this Act, Section
10-11.1 of the Illinois Public Aid Code, Section 505.1 of the
Illinois Marriage and Dissolution of Marriage Act, or Section
15.1 of the Illinois Parentage Act of 1984.
(c) In addition to any other penalties imposed against
an offender under this Act, the court may order, in cases
where the offender has been in violation of this Act for 90
days or more, that the offender's Illinois driving privileges
be suspended until the court determines that the offender is
in compliance with this Act.
The court may determine that the offender is in
compliance with this Act if the offender has agreed (i) to
pay all required amounts of support and maintenance as
determined by the court or (ii) to the garnishment of his or
her income for the purpose of paying those amounts.
The court may also order that the offender be issued a
family financial responsibility driving permit that would
allow limited driving privileges for employment and medical
purposes in accordance with Section 7-702.1 of the Illinois
Vehicle Code. The clerk of the circuit court shall certify
the order suspending the driving privileges of the offender
or granting the issuance of a family financial responsibility
driving permit to the Secretary of State on forms prescribed
by the Secretary. Upon receipt of the authenticated
documents, the Secretary of State shall suspend the
offender's driving privileges until further order of the
court and shall, if ordered by the court, subject to the
provisions of Section 7-702.1 of the Illinois Vehicle Code,
issue a family financial responsibility driving permit to the
offender.
(d) If the court determines that the offender has been
in violation of this Act for more than 60 days, the court may
determine whether the offender has applied for or been issued
a professional license by the Department of Professional
Regulation or another licensing agency. If the court
determines that the offender has applied for or been issued
such a license, the court may certify to the Department of
Professional Regulation or other licensing agency that the
offender has been in violation of this Act for more than 60
days so that the Department or other agency may take
appropriate steps with respect to the license or application
as provided in Section 10-65 of the Illinois Administrative
Procedure Act and Section 60 of the Civil Administrative Code
of Illinois. The court may take the actions required under
this subsection in addition to imposing any other penalty
authorized under this Act.
Section 55. Offenses; how construed. It is hereby
expressly declared that the offenses set forth in this Act
shall be construed to be continuing offenses.
Section 60. Unemployed persons owing duty of support.
(a) Whenever it is determined in a proceeding to
establish or enforce a child support or maintenance
obligation that the person owing a duty of support is
unemployed, the court may order the person to seek employment
and report periodically to the court with a diary, listing or
other memorandum of his or her efforts in accordance with
such order. Additionally, the court may order the unemployed
person to report to the Department of Employment Security for
job search services or to make application with the local
Jobs Training Partnership Act provider for participation in
job search, training, or work programs and where the duty of
support is owed to a child receiving support services under
Article X of the Illinois Public Aid Code the court may order
the unemployed person to report to the Illinois Department of
Public Aid for participation in job search, training, or work
programs established under Section 9-6 and Article IXA of
that Code.
(b) Whenever it is determined that a person owes past due
support for a child or for a child and the parent with whom
the child is living, and the child is receiving assistance
under the Illinois Public Aid Code, the court shall order at
the request of the Illinois Department of Public Aid:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of the Illinois Public Aid
Code as the court deems appropriate.
Section 65. Order of protection; status. Whenever
relief sought under this Act is based on allegations of
domestic violence, as defined in the Illinois Domestic
Violence Act of 1986, the court, before granting relief,
shall determine whether any order of protection has
previously been entered in the instant proceeding or any
other proceeding in which any party, or a child of any party,
or both, if relevant, has been designated as either a
respondent or a protected person.
Section 70. Severability. If any provision of this Act
or its application to any person or circumstance is held
invalid, the invalidity of that provision or application does
not affect other provisions or applications of this Act that
can be given effect without the invalid provision or
application.
Section 905. 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
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 application shall state that failure to
so certify shall result in disciplinary action, 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 is more than 30 days delinquent in
the payment of child support and has subsequently certified
the delinquency to the licensing agency, and in cases in
which a court has previously determined that an applicant or
licensee has been in violation of the Non-Support Punishment
Act for more than 60 days, the licensing agency shall refuse
to issue or renew or shall revoke or suspend that person's
license based solely upon the certification of delinquency
made by the Department of Public Aid or the certification of
violation made by the court. Further process, hearings, or
redetermination of the delinquency or violation by the
licensing agency shall not be required. The licensing
agency may issue or renew a license if the licensee has
arranged for payment of past and current child support
obligations in a manner satisfactory to the Department of
Public Aid or the court. The licensing agency may impose
conditions, restrictions, or disciplinary action upon that
license.
(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; 90-18, eff. 7-1-99.)
Section 910. The Civil Administrative Code of Illinois
is amended by changing Section 43a.14 as follows:
(20 ILCS 1005/43a.14)
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
Non-Support Punishment 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).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 915. 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 or who is
certified by a court as being in violation of the Non-Support
of Punishment Act for more than 60 days; 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 or if the person is
determined by the court to be in compliance with the
Non-Support Punishment Act. 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
Non-Support Punishment 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. 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; 90-18,
eff. 7-1-97.)
Section 920. 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
Non-Support Punishment 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: P.A. 90-18, eff. 7-1-97.)
Section 925. The Counties Code is amended by changing
Section 3-5036.5 as follows:
(55 ILCS 5/3-5036.5)
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 Non-Support Punishment 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).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 930. The Collection Agency Act is amended by
changing Section 2.04 as follows:
(225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
Sec. 2.04. Child support indebtedness.
(a) Persons, associations, partnerships, or corporations
engaged in the business of collecting child support
indebtedness owing under a court order as provided under the
Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Illinois
Parentage Act of 1984, or similar laws of other states are
not restricted (i) in the frequency of contact with an
obligor who is in arrears, whether by phone, mail, or other
means, (ii) from contacting the employer of an obligor who is
in arrears, (iii) from publishing or threatening to publish a
list of obligors in arrears, (iv) from disclosing or
threatening to disclose an arrearage that the obligor
disputes, but for which a verified notice of delinquency has
been served under the Income Withholding for Support Act (or
any of its predecessors, Section 10-16.2 of the Illinois
Public Aid Code, Section 706.1 of the Illinois Marriage and
Dissolution of Marriage Act, Section 4.1 of the Non-Support
of Spouse and Children Act, Section 26.1 of the Revised
Uniform Reciprocal Enforcement of Support Act, or Section 20
of the Illinois Parentage Act of 1984), or (v) from engaging
in conduct that would not cause a reasonable person mental or
physical illness. For purposes of this subsection, "obligor"
means an individual who owes a duty to make periodic
payments, under a court order, for the support of a child.
"Arrearage" means the total amount of an obligor's unpaid
child support obligations.
(b) The Department shall adopt rules necessary to
administer and enforce the provisions of this Section.
(Source: P.A. 90-673, eff. 1-1-99.)
Section 935. The Illinois Public Aid Code is amended by
changing Sections 10-3.1, 10-17, 10-19, 10-25, 10-25.5, and
12-4.7c as follows:
(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;
under the Non-Support Punishment 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.
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. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
Sec. 10-17. Other Actions and Remedies for Support.) The
procedures, actions and remedies provided in this Article
shall in no way be exclusive, but shall be available in
addition to other actions and remedies of support, including,
but not by way of limitation, the remedies provided in (a)
the "Paternity Act", approved July 5, 1957, as amended; (b)
the "Non-Support of Spouse and Children Act", approved June
24, 1915, as amended; (b-5) the Non-Support Punishment Act;
and (c) the "Revised Uniform Reciprocal Enforcement of
Support Act", approved August 28, 1969, as amended.
(Source: P.A. 79-474.)
(305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
Sec. 10-19. (Support Payments Ordered Under Other Laws -
Where Deposited.) The Illinois Department and local
governmental units are authorized to receive payments
directed by court order for the support of recipients, as
provided in the following Acts:
1. "Non-Support of Spouse and Children Act", approved
June 24, 1915, as amended,
1.5. The Non-Support Punishment Act,
2. "Illinois Marriage and Dissolution of Marriage Act",
as now or hereafter amended,
3. The Illinois Parentage Act, as amended,
4. "Revised Uniform Reciprocal Enforcement of Support
Act", approved August 28, 1969, as amended,
5. The Juvenile Court Act or the Juvenile Court Act of
1987, as amended,
6. The "Unified Code of Corrections", approved July 26,
1972, as amended,
7. Part 7 of Article XII of the Code of Civil Procedure,
as amended,
8. Part 8 of Article XII of the Code of Civil Procedure,
as amended, and
9. Other laws which may provide by judicial order for
direct payment of support moneys.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All other payments
under this Section to the Illinois Department shall be
deposited in the Public Assistance Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
Sections 12-9 and 12-10.2 of this Code. Payments received by
a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(Source: P.A. 86-1028.)
(305 ILCS 5/10-25)
Sec. 10-25. Administrative liens and levies on real
property for past-due child support.
(a) The State shall have a lien on all legal and
equitable interests of responsible relatives in their real
property in the amount of past-due child support owing
pursuant to an order for child support entered under Sections
10-10 and 10-11 of this Code, or under the Illinois Marriage
and Dissolution of Marriage Act, the Non-Support of Spouse
and Children Act, the Non-Support Punishment Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) The Illinois Department shall provide by rule for
notice to and an opportunity to be heard by each responsible
relative affected, and any final administrative decision
rendered by the Illinois Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this
Section, the Illinois Department shall have the authority to
execute notices of administrative liens and levies, which
shall contain the name and address of the responsible
relative, a legal description of the real property to be
levied, the fact that a lien is being claimed for past-due
child support, and such other information as the Illinois
Department may by rule prescribe. The Illinois Department
shall record the notice of lien with the recorder or
registrar of titles of the county or counties in which the
real estate is located.
(d) The State's lien under subsection (a) shall be
enforceable upon the recording or filing of a notice of lien
with the recorder or registrar of titles of the county or
counties in which the real estate is located. The lien shall
be prior to any lien thereafter recorded or filed and shall
be notice to a subsequent purchaser, assignor, or
encumbrancer of the existence and nature of the lien. The
lien shall be inferior to the lien of general taxes, special
assessment, and special taxes heretofore or hereafter levied
by any political subdivision or municipal corporation of the
State.
In the event that title to the land to be affected by the
notice of lien is registered under the Registered Titles
(Torrens) Act, the notice shall be filed in the office of the
registrar of titles as a memorial or charge upon each folium
of the register of titles affected by the notice; but the
State shall not have a preference over the rights of any bona
fide purchaser, mortgagee, judgment creditor, or other lien
holders registered prior to the registration of the notice.
(e) The recorder or registrar of titles of each county
shall procure a file labeled "Child Support Lien Notices" and
an index book labeled "Child Support Lien Notices". When
notice of any lien is presented to the recorder or registrar
of titles for filing, the recorder or registrar of titles
shall file it in numerical order in the file and shall enter
it alphabetically in the index. The entry shall show the
name and last known address of the person named in the
notice, the serial number of the notice, the date and hour of
filing, and the amount of child support due at the time when
the lien is filed.
(f) The Illinois Department shall not be required to
furnish bond or make a deposit for or pay any costs or fees
of any court or officer thereof in any legal proceeding
involving the lien.
(g) To protect the lien of the State for past-due child
support, the Illinois Department may, from funds that are
available for that purpose, pay or provide for the payment of
necessary or essential repairs, purchase tax certificates,
pay balances due on land contracts, or pay or cause to be
satisfied any prior liens on the property to which the lien
hereunder applies.
(h) A lien on real property under this Section shall be
released pursuant to Section 12-101 of the Code of Civil
Procedure.
(i) The Illinois Department, acting in behalf of the
State, may foreclose the lien in a judicial proceeding to the
same extent and in the same manner as in the enforcement of
other liens. The process, practice, and procedure for the
foreclosure shall be the same as provided in the Code of
Civil Procedure.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-25.5)
Sec. 10-25.5. Administrative liens and levies on
personal property for past-due child support.
(a) The State shall have a lien on all legal and
equitable interests of responsible relatives in their
personal property, including any account in a financial
institution as defined in Section 10-24, or in the case of an
insurance company or benefit association only in accounts as
defined in Section 10-24, in the amount of past-due child
support owing pursuant to an order for child support entered
under Sections 10-10 and 10-11 of this Code, or under the
Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Uniform Interstate Family Support Act, or
the Illinois Parentage Act of 1984.
(b) The Illinois Department shall provide by rule for
notice to and an opportunity to be heard by each responsible
relative affected, and any final administrative decision
rendered by the Illinois Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this
Section, the Illinois Department shall have the authority to
execute notices of administrative liens and levies, which
shall contain the name and address of the responsible
relative, a description of the property to be levied, the
fact that a lien is being claimed for past-due child support,
and such other information as the Illinois Department may by
rule prescribe. The Illinois Department may serve the notice
of lien or levy upon any financial institution where the
accounts as defined in Section 10-24 of the responsible
relative may be held, for encumbrance or surrender of the
accounts as defined in Section 10-24 by the financial
institution.
(d) The Illinois Department shall enforce its lien
against the responsible relative's personal property, other
than accounts as defined in Section 10-24 in financial
institutions, and levy upon such personal property in the
manner provided for enforcement of judgments contained in
Article XII of the Code of Civil Procedure.
(e) The Illinois Department shall not be required to
furnish bond or make a deposit for or pay any costs or fees
of any court or officer thereof in any legal proceeding
involving the lien.
(f) To protect the lien of the State for past-due child
support, the Illinois Department may, from funds that are
available for that purpose, pay or provide for the payment of
necessary or essential repairs, purchase tax certificates, or
pay or cause to be satisfied any prior liens on the property
to which the lien hereunder applies.
(g) A lien on personal property under this Section shall
be released in the manner provided under Article XII of the
Code of Civil Procedure. Notwithstanding the foregoing, a
lien under this Section on accounts as defined in Section
10-24 shall expire upon the passage of 120 days from the date
of issuance of the Notice of Lien or Levy by the Illinois
Department. However, the lien shall remain in effect during
the pendency of any appeal or protest.
(h) A lien created under this Section is subordinate to
any prior lien of the financial institution or any prior lien
holder or any prior right of set-off that the financial
institution may have against the assets, or in the case of an
insurance company or benefit association only in the accounts
as defined in Section 10-24.
(i) A financial institution has no obligation under this
Section to hold, encumber, or surrender the assets, or in the
case of an insurance company or benefit association only the
accounts as defined in Section 10-24, until the financial
institution has been properly served with a subpoena,
summons, warrant, court or administrative order, or
administrative lien and levy requiring that action.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/12-4.7c)
Sec. 12-4.7c. Exchange of information after July 1, 1997.
(a) The Department of Human Services shall exchange with
the Illinois Department of Public Aid information that may be
necessary for the enforcement of child support orders entered
pursuant to Sections 10-10 and 10-11 of this Code or pursuant
to the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support
Punishment 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 Human Services 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).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 940. The Vital Records Act is amended by
changing Section 24 as follows:
(410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
Sec. 24. (1) To protect the integrity of vital records,
to insure their proper use, and to insure the efficient and
proper administration of the vital records system, access to
vital records, and indexes thereof, including vital records
in the custody of local registrars and county clerks
originating prior to January 1, 1916, is limited to the
custodian and his employees, and then only for administrative
purposes, except that the indexes of those records in the
custody of local registrars and county clerks, originating
prior to January 1, 1916, shall be made available to persons
for the purpose of genealogical research. Original,
photographic or microphotographic reproductions of original
records of births 100 years old and older and deaths 50 years
old and older, and marriage records 75 years old and older on
file in the State Office of Vital Records and in the custody
of the county clerks may be made available for inspection in
the Illinois State Archives reference area, Illinois Regional
Archives Depositories, and other libraries approved by the
Illinois State Registrar and the Director of the Illinois
State Archives, provided that the photographic or
microphotographic copies are made at no cost to the county or
to the State of Illinois. It is unlawful for any custodian
to permit inspection of, or to disclose information contained
in, vital records, or to copy or permit to be copied, all or
part of any such record except as authorized by this Act or
regulations adopted pursuant thereto.
(2) The State Registrar of Vital Records, or his agent,
and any municipal, county, multi-county, public health
district, or regional health officer recognized by the
Department may examine vital records for the purpose only of
carrying out the public health programs and responsibilities
under his jurisdiction.
(3) The State Registrar of Vital Records, may disclose,
or authorize the disclosure of, data contained in the vital
records when deemed essential for bona fide research purposes
which are not for private gain.
This amendatory Act of 1973 does not apply to any home
rule unit.
(4) The State Registrar shall exchange with the Illinois
Department of Public Aid information that may be necessary
for the establishment of paternity and the establishment,
modification, and 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 Non-Support Punishment 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
Act to the contrary, the State Registrar shall not be liable
to any person for any disclosure of information to the
Illinois Department of Public Aid under this subsection or
for any other action taken in good faith to comply with the
requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
Section 945. The Illinois Vehicle Code is amended by
changing Sections 2-109.1, 7-701, 7-702, 7-702.1, and 7-703
and by adding Sections 7-702.2, 7-705.1 and 7-706.1 as
follows:
(625 ILCS 5/2-109.1)
Sec. 2-109.1. Exchange of information.
(a) The Secretary of State shall exchange information
with the Illinois Department of Public Aid which may be
necessary for the establishment of paternity and the
establishment, modification, and enforcement of child support
orders pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment 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 Secretary of State 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).
(Source: P.A. 90-18, eff. 7-1-97.)
(625 ILCS 5/7-701)
Sec. 7-701. Findings and purpose. The General Assembly
finds that the timely receipt of adequate financial support
has the effect of reducing poverty and State expenditures for
welfare dependency among children, and that the timely
payment of adequate child support demonstrates financial
responsibility. Further, the General Assembly finds that the
State has a compelling interest in ensuring that drivers
within the State demonstrate financial responsibility,
including family financial responsibility, in order to safely
own and operate a motor vehicle. To this end, the Secretary
of State is authorized to establish systems a system to
suspend driver's licenses for failure to comply with court
orders of support.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/7-702)
Sec. 7-702. Suspension of driver's license for failure
to pay child support.
(a) The Secretary of State shall suspend the driver's
license issued to an obligor upon receiving an authenticated
report provided for in subsection (a) of Section 7-703, that
the person is 90 days or more delinquent in court ordered
child support payments or has been adjudicated in arrears in
an amount equal to 90 days obligation or more, and has been
found in contempt by the court for failure to pay the
support.
(b) The Secretary of State shall suspend the driver's
license issued to an obligor upon receiving an authenticated
document provided for in subsection (b) of Section 7-703,
that the person has been adjudicated in arrears in court
ordered child support payments in an amount equal to 90 days
obligation or more, but has not been held in contempt of
court, and that the court has ordered that the person's
driving privileges be suspended. The obligor's driver's
license shall be suspended until such time as the Secretary
of State receives authenticated documentation that the
obligor is in compliance with the court order of support.
When the obligor complies with the court ordered child
support payments, the circuit court shall report the
obligor's compliance with the court order of support to the
Secretary of State, on a form prescribed by the Secretary of
State, and shall order that the obligor's driver's license be
reinstated.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/7-702.1)
Sec. 7-702.1. Family financial responsibility driving
permits. Following the entry of an order that an obligor has
been found in contempt by the court for failure to pay court
ordered child support payments or upon a motion by the
obligor who is subject to having his or her driver's license
suspended pursuant to subsection (b) of Section 7-703, the
court may enter an order directing the Secretary of State to
issue a family financial responsibility driving permit for
the purpose of providing the obligor the privilege of
operating a motor vehicle between the obligor's residence and
place of employment, or within the scope of employment
related duties; or for the purpose of providing
transportation for the obligor or a household member to
receive alcohol treatment, other drug treatment, or medical
care. The court may enter an order directing the issuance of
a permit only if the obligor has proven to the satisfaction
of the court that no alternative means of transportation are
reasonably available for the above stated purposes. No
permit shall be issued to a person under the age of 16 years
who possesses an instruction permit.
Upon entry of an order granting the issuance of a permit
to an obligor, the court shall report this finding to the
Secretary of State on a form prescribed by the Secretary.
This form shall state whether the permit has been granted for
employment or medical purposes and the specific days and
hours for which limited driving privileges have been granted.
The family financial responsibility driving permit shall
be subject to cancellation, invalidation, suspension, and
revocation by the Secretary of State in the same manner and
for the same reasons as a driver's license may be cancelled,
invalidated, suspended, or revoked.
The Secretary of State shall, upon receipt of a certified
court order from the court of jurisdiction, issue a family
financial responsibility driving permit. In order for this
permit to be issued, an individual's driving privileges must
be valid except for the family financial responsibility
suspension. This permit shall be valid only for employment
and medical purposes as set forth above. The permit shall
state the days and hours for which limited driving privileges
have been granted.
Any submitted court order that contains insufficient data
or fails to comply with any provision of this Code shall not
be used for issuance of the permit or entered to the
individual's driving record but shall be returned to the
court of jurisdiction indicating why the permit cannot be
issued at that time. The Secretary of State shall also send
notice of the return of the court order to the individual
requesting the permit.
(Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
(625 ILCS 5/7-702.2 new)
Sec. 7-702.2. Written agreement to pay past-due support.
(a) An obligor who is presently unable to pay all
past-due support and is subject to having his or her license
suspended pursuant to subsection (b) of Section 7-703 may
come into compliance with the court order for support by
executing a written payment agreement that is approved by the
court and by complying with that agreement. A condition of a
written payment agreement must be that the obligor pay the
current child support when due. Before a written payment
agreement is executed, the obligor shall:
(1) Disclose fully to the court in writing, on a
form prescribed by the court, the obligor's financial
circumstances, including income from all sources, assets,
liabilities, and work history for the past year; and
(2) Provide documentation to the court concerning
the obligor's financial circumstances, including copies
of the most recent State and federal income tax returns,
both personal and business; a copy of a recent pay stub
representative of current income; and copies of other
records that show the obligor's income and the present
level of assets held by the obligor.
(b) After full disclosure, the court may determine the
obligor's ability to pay past-due support and may approve a
written payment agreement consistent with the obligor's
ability to pay, not to exceed the court-ordered support.
(625 ILCS 5/7-703)
Sec. 7-703. Courts to report non-payment of court
ordered support.
(a) The clerk of the circuit court, as provided in
subsection (b) of Section 505 of the Illinois Marriage and
Dissolution of Marriage Act or as provided in Section 15 of
the Illinois Parentage Act of 1984, shall forward to the
Secretary of State, on a form prescribed by the Secretary, an
authenticated document certifying the court's order
suspending the driving privileges of the obligor. For any
such certification, the clerk of the court shall charge the
obligor a fee of $5 as provided in the Clerks of Courts Act.
(b) If an obligor has been adjudicated in arrears in
court ordered child support payments in an amount equal to 90
days obligation or more but has not been held in contempt of
court, the circuit court may order that the obligor's driving
privileges be suspended. If the circuit court orders that
the obligor's driving privileges be suspended, it shall
forward to the Secretary of State, on a form prescribed by
the Secretary, an authenticated document certifying the
court's order suspending the driving privileges of the
obligor. The authenticated document shall be forwarded to
the Secretary of State by the court no later than 45 days
after entry of the order suspending the obligor's driving
privileges.
(Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
(625 ILCS 5/7-705.1 new)
Sec. 7-705.1. Notice of noncompliance with support
order. Before forwarding to the Secretary of State the
authenticated document under subsection (b) of Section 7-703,
the circuit court must serve notice upon the obligor of its
intention to suspend the obligor's driver's license for being
adjudicated in arrears in court ordered child support
payments in an amount equal to 90 days obligation. The
notice must inform the obligor that:
(a) If the obligor is presently unable to pay all
past-due support, the obligor may come into compliance with
the support order by executing a written payment agreement
with the court, as provided in Section 7-702.2, and by
complying with that agreement;
(b) The obligor may contest the issue of compliance at a
hearing;
(c) A request for a hearing must be made in writing and
must be received by the clerk of the circuit court;
(d) If the obligor does not request a hearing to contest
the issue of compliance within 45 days after the notice of
noncompliance is mailed, the court may order that the
obligor's driver's license be suspended as provided for in
subsection (b) of Section 7-703;
(e) If the circuit court certifies the obligor to the
Secretary of State for noncompliance with an order of
support, the Secretary of State must suspend any driver's
license or instruction permit the obligor holds and the
obligor's right to apply for or obtain a driver's license or
instruction permit until the obligor comes into compliance
with the order of support;
(f) If the obligor files a motion to modify support with
the court or requests the court to modify a support
obligation, the circuit court shall stay action to certify
the obligor to the Secretary of State for noncompliance with
an order of support; and
(g) The obligor may comply with an order of support by
doing all of the following:
(1) Paying the current support;
(2) Paying all past-due support or, if unable to
pay all past-due support and a periodic payment for
past-due support has not been ordered by the court, by
making periodic payments in accordance with a written
payment agreement approved by the court; and
(3) Meeting the obligor's health insurance
obligation.
The notice must include the address and telephone number
of the clerk of the circuit court. The clerk of the circuit
court shall attach a copy of the obligor's order of support
to the notice. The notice must be served by certified mail,
return receipt requested, by service in hand, or as specified
in the Code of Civil Procedure.
(625 ILCS 5/7-706.1 new)
Sec. 7-706.1. Hearing for compliance with support order.
(a) An obligor may request in writing to the clerk of
the circuit court a hearing to contest the claim of
noncompliance with an order of support and his or her
subsequent driver's license suspension under subsection (b)
of Section 7-702.
(b) If a written request for a hearing is received by
the clerk of the circuit court, the clerk of the circuit
court shall set the hearing before the circuit court.
(c) Upon the obligor's written request, the court must
set a date for a hearing and afford the obligor an
opportunity for a hearing as early as practical.
(d) The scope of this hearing is limited to the
following issues:
(1) Whether the obligor is required to pay child
support under an order of support.
(2) Whether the obligor has been adjudicated in
arrears in court ordered child support payments in an
amount equal to 90 days obligation or more.
(3) Any additional issues raised by the obligor,
including the reasonableness of a payment agreement in
light of the obligor's current financial circumstances,
to be preserved for appeal.
(e) All hearings and hearing procedures shall comply
with requirements of the Illinois Constitution and the United
States Constitution, so that no person is deprived of due
process of law nor denied equal protection of the laws. All
hearings shall be held before a judge of the circuit court in
the county in which the support order has been entered.
Appropriate records of the hearings shall be kept. Where a
transcript of the hearing is taken, the person requesting the
hearing shall have the opportunity to order a copy of the
transcript at his or her own expense.
(f) The action of the circuit court resulting in the
suspension of any driver's license shall be a final judgment
for purposes of appellate review.
Section 955. The Unified Code of Corrections is amended
by changing Section 3-5-4 as follows:
(730 ILCS 5/3-5-4)
Sec. 3-5-4. Exchange of information for child support
enforcement.
(a) The Department 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 Non-Support Punishment 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 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).
(Source: P.A. 90-18, eff. 1-1-97.)
Section 960. The Code of Civil Procedure is amended by
changing Sections 2-1403 and 12-819 as follows:
(735 ILCS 5/2-1403) (from Ch. 110, par. 2-1403)
Sec. 2-1403. Judgment debtor as beneficiary of trust. No
court, except as otherwise provided in this Section, shall
order the satisfaction of a judgment out of any property held
in trust for the judgment debtor if such trust has, in good
faith, been created by, or the fund so held in trust has
proceeded from, a person other than the judgment debtor.
The income or principal of a trust shall be subject to
withholding for the purpose of securing collection of unpaid
child support obligations owed by the beneficiary as provided
in Section 4.1 of the "Non-Support of Spouse and Children
Act", Section 22 of the Non-Support Punishment Act, and
similar Sections of other Acts which provide for support of a
child as follows:
(1) income may be withheld if the beneficiary is
entitled to a specified dollar amount or percentage of the
income of the trust, or is the sole income beneficiary; and
(2) principal may be withheld if the beneficiary has a
right to withdraw principal, but not in excess of the amount
subject to withdrawal under the instrument, or if the
beneficiary is the only beneficiary to whom discretionary
payments of principal may be made by the trustee.
(Source: P.A. 85-1209.)
(735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
Sec. 12-819. Limitations on part 8 of Article XII. The
provisions of this Part 8 of Article XII of this Act do not
apply to orders for withholding of income entered by the
court under provisions of The Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of
Support Act and the Paternity Act for support of a child or
maintenance of a spouse.
(Source: P.A. 84-1043.)
Section 965. The Illinois Wage Assignment Act is amended
by changing Section 11 as follows:
(740 ILCS 170/11) (from Ch. 48, par. 39.12)
Sec. 11. The provisions of this Act do not apply to
orders for withholding of income entered by the court under
provisions of The Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the
Revised Uniform Reciprocal Enforcement of Support Act and the
Paternity Act for support of a child or maintenance of a
spouse.
(Source: P.A. 83-658.)
Section 970. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 713 as follows:
(750 ILCS 5/713) (from Ch. 40, par. 713)
Sec. 713. Attachment of the Body. As used in this
Section, "obligor" has the same meaning ascribed to such term
in the Income Withholding for Support Act.
(a) In any proceeding to enforce an order for support,
where the obligor has failed to appear in court pursuant to
order of court and after due notice thereof, the court may
enter an order for the attachment of the body of the obligor.
Notices under this Section shall be served upon the obligor
either (1) by prepaid certified mail with delivery restricted
to the obligor, or (2) by personal service on the obligor.
The attachment order shall fix an amount of escrow which is
equal to a minimum of 20% of the total child support
arrearage alleged by the obligee in sworn testimony to be due
and owing. The attachment order shall direct the Sheriff of
any county in Illinois to take the obligor into custody and
shall set the number of days following release from custody
for a hearing to be held at which the obligor must appear, if
he is released under subsection (c) of this Section.
(b) If the obligor is taken into custody, the Sheriff
shall take the obligor before the court which entered the
attachment order. However, the Sheriff may release the
person after he or she has deposited the amount of escrow
ordered by the court pursuant to local procedures for the
posting of bond. The Sheriff shall advise the obligor of the
hearing date at which the obligor is required to appear.
(c) Any escrow deposited pursuant to this Section shall
be transmitted to the Clerk of the Circuit Court for the
county in which the order for attachment of the body of the
obligor was entered. Any Clerk who receives money deposited
into escrow pursuant to this Section shall notify the
obligee, public office or legal counsel whose name appears on
the attachment order of the court date at which the obligor
is required to appear and the amount deposited into escrow.
The Clerk shall disburse such money to the obligee only under
an order from the court that entered the attachment order
pursuant to this Section.
(d) Whenever an obligor is taken before the court by the
Sheriff, or appears in court after the court has ordered the
attachment of his body, the court shall:
(1) hold a hearing on the complaint or petition
that gave rise to the attachment order. For purposes of
determining arrearages that are due and owing by the
obligor, the court shall accept the previous sworn
testimony of the obligee as true and the appearance of
the obligee shall not be required. The court shall
require sworn testimony of the obligor as to his or her
Social Security number, income, employment, bank
accounts, property and any other assets. If there is a
dispute as to the total amount of arrearages, the court
shall proceed as in any other case as to the undisputed
amounts; and
(2) order the Clerk of the Circuit Court to
disburse to the obligee or public office money held in
escrow pursuant to this Section if the court finds that
the amount of arrearages exceeds the amount of the
escrow. Amounts received by the obligee or public office
shall be deducted from the amount of the arrearages.
(e) If the obligor fails to appear in court after being
notified of the court date by the Sheriff upon release from
custody, the court shall order any monies deposited into
escrow to be immediately released to the obligee or public
office and shall proceed under subsection (a) of this Section
by entering another order for the attachment of the body of
the obligor.
(f) This Section shall apply to any order for support
issued under the "Illinois Marriage and Dissolution of
Marriage Act", approved September 22, 1977, as amended; the
"Illinois Parentage Act of 1984", effective July 1, 1985, as
amended; the "Revised Uniform Reciprocal Enforcement of
Support Act", approved August 28, 1969, as amended; "The
Illinois Public Aid Code", approved April 11, 1967, as
amended; the Non-Support Punishment Act; and the "Non-support
of Spouse and Children Act", approved June 8, 1953, as
amended.
(g) Any escrow established pursuant to this Section for
the purpose of providing support shall not be subject to fees
collected by the Clerk of the Circuit Court for any other
escrow.
(Source: P.A. 90-673, eff. 1-1-99.)
Section 975. The Uniform Interstate Family Support Act
is amended by changing Section 101 as follows:
(750 ILCS 22/101)
Sec. 101. Definitions. In this Act:
"Child" means an individual, whether over or under the
age of 18, who is or is alleged to be owed a duty of support
by the individual's parent or who is or is alleged to be the
beneficiary of a support order directed to the parent.
"Child-support order" means a support order for a child,
including a child who has attained the age of 18.
"Duty of support" means an obligation imposed or
imposable by law to provide support for a child, spouse, or
former spouse including an unsatisfied obligation to provide
support.
"Home state" means the state in which a child lived with
a parent or a person acting as parent for at least 6
consecutive months immediately preceding the time of filing
of a petition or comparable pleading for support, and if a
child is less than 6 months old, the state in which the child
lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the 6-month or
other period.
"Income" includes earnings or other periodic entitlements
to money from any source and any other property subject to
withholding for support under the law of this State.
"Income-withholding order" means an order or other legal
process directed to an obligor's employer or other debtor, as
defined by the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the
Non-Support Punishment Act, the Illinois Public Aid Code, and
the Illinois Parentage Act of 1984, to withhold support from
the income of the obligor.
"Initiating state" means a state from which a proceeding
is forwarded or in which a proceeding is filed for forwarding
to a responding state under this Act or a law or procedure
substantially similar to this Act.
"Initiating tribunal" means the authorized tribunal in an
initiating state.
"Issuing state" means the state in which a tribunal
issues a support order or renders a judgment determining
parentage.
"Issuing tribunal" means the tribunal that issues a
support order or renders a judgment determining parentage.
"Obligee" means:
(i) an individual to whom a duty of support is or
is alleged to be owed or in whose favor a support order
has been issued or a judgment determining parentage has
been rendered;
(ii) a state or political subdivision to which the
rights under a duty of support or support order have been
assigned or which has independent claims based on
financial assistance provided to an individual obligee;
or
(iii) an individual seeking a judgment determining
parentage of the individual's child.
"Obligor" means an individual, or the estate of a
decedent: (i) who owes or is alleged to owe a duty of
support; (ii) who is alleged but has not been adjudicated to
be a parent of a child; or (iii) who is liable under a
support order.
"Register" means to record a support order or judgment
determining parentage in the appropriate Registry of Foreign
Support Orders.
"Registering tribunal" means a tribunal in which a
support order is registered.
"Responding state" means a state in which a proceeding is
filed or to which a proceeding is forwarded for filing from
an initiating state under this Act or a law or procedure
substantially similar to this Act.
"Responding tribunal" means the authorized tribunal in a
responding state.
"Spousal-support order" means a support order for a
spouse or former spouse of the obligor.
"State" means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands,
or any territory or insular possession subject to the
jurisdiction of the United States. The term includes:
(i) an Indian tribe; and
(ii) a foreign jurisdiction that has enacted a law
or established procedures for issuance and enforcement of
support orders which are substantially similar to the
procedures under this Act, the Uniform Reciprocal
Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act.
"Support enforcement agency" means a public official or
agency authorized to seek:
(1) enforcement of support orders or laws relating to
the duty of support;
(2) establishment or modification of child support;
(3) determination of parentage; or
(4) to locate obligors or their assets.
"Support order" means a judgment, decree, or order,
whether temporary, final, or subject to modification, for the
benefit of a child, a spouse, or a former spouse, which
provides for monetary support, health care, arrearages, or
reimbursement, and may include related costs and fees,
interest, income withholding, attorney's fees, and other
relief.
"Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or
modify support orders or to determine parentage.
(Source: P.A. 90-240, eff. 7-28-97.)
Section 980. The Illinois Parentage Act of 1984 is
amended by changing Section 6 as follows:
(750 ILCS 45/6) (from Ch. 40, par. 2506)
Sec. 6. Establishment of Parent and Child Relationship
by Consent of the Parties.
(a) A parent and child relationship may be established
voluntarily by the signing and witnessing of a voluntary
acknowledgment of parentage in accordance with Section 12 of
the Vital Records Act or Section 10-17.7 of the Illinois
Public Aid Code. The voluntary acknowledgment of parentage
shall contain the social security numbers of the persons
signing the voluntary acknowledgment of parentage; however,
failure to include the social security numbers of the persons
signing a voluntary acknowledgment of parentage does not
invalidate the voluntary acknowledgment of parentage.
(b) Notwithstanding any other provisions of this Act,
paternity established in accordance with subsection (a) has
the full force and effect of a judgment entered under this
Act and serves as a basis for seeking a child support order
without any further proceedings to establish paternity.
(c) A judicial or administrative proceeding to ratify
paternity established in accordance with subsection (a) is
neither required nor permitted.
(d) A signed acknowledgment of paternity entered under
this Act may be challenged in court only on the basis of
fraud, duress, or material mistake of fact, with the burden
of proof upon the challenging party. Pending outcome of the
challenge to the acknowledgment of paternity, the legal
responsibilities of the signatories shall remain in full
force and effect, except upon order of the court upon a
showing of good cause.
(e) Once a parent and child relationship is established
in accordance with subsection (a), an order for support may
be established pursuant to a petition to establish an order
for support by consent filed with the clerk of the circuit
court. A copy of the properly completed acknowledgment of
parentage form shall be attached to the petition. The
petition shall ask that the circuit court enter an order for
support. The petition may ask that an order for visitation,
custody, or guardianship be entered. The filing and
appearance fees provided under the Clerks of Courts Act shall
be waived for all cases in which an acknowledgment of
parentage form has been properly completed by the parties and
in which a petition to establish an order for support by
consent has been filed with the clerk of the circuit court.
This subsection shall not be construed to prohibit filing any
petition for child support, visitation, or custody under this
Act, the Illinois Marriage and Dissolution of Marriage Act,
or the Non-Support Punishment of Spouse and Children Act.
This subsection shall also not be construed to prevent the
establishment of an administrative support order in cases
involving persons receiving child support enforcement
services under Article X of the Illinois Public Aid Code.
(Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
Section 985. The Business Corporation Act of 1983 is
amended by changing Section 1.25 as follows:
(805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
Sec. 1.25. List of corporations; exchange of
information.
(a) The Secretary of State shall publish each year a
list of corporations filing an annual report for the
preceding year in accordance with the provisions of this Act,
which report shall state the name of the corporation and the
respective names and addresses of the president, secretary,
and registered agent thereof and the address of the
registered office in this State of each such corporation. The
Secretary of State shall furnish without charge a copy of
such report to each recorder of this State, and to each
member of the General Assembly and to each State agency or
department requesting the same. The Secretary of State shall,
upon receipt of a written request and a fee as determined by
the Secretary, furnish such report to anyone else.
(b) (1) The Secretary of State shall publish daily a
list of all newly formed corporations, business and not for
profit, chartered by him on that day issued after receipt of
the application. The daily list shall contain the same
information as to each corporation as is provided for the
corporation list published under subsection (a) of this
Section. The daily list may be obtained at the Secretary's
office by any person, newspaper, State department or agency,
or local government for a reasonable charge to be determined
by the Secretary. Inspection of the daily list may be made
at the Secretary's office during normal business hours
without charge by any person, newspaper, State department or
agency, or local government.
(2) The Secretary shall compile the daily list mentioned
in paragraph (1) of subsection (b) of this Section monthly,
or more often at the Secretary's discretion. The compilation
shall be immediately mailed free of charge to all local
governments requesting in writing receipt of such
publication, or shall be automatically mailed by the
Secretary without charge to local governments as determined
by the Secretary. The Secretary shall mail a copy of the
compilations free of charge to all State departments or
agencies making a written request. A request for a
compilation of the daily list once made by a local government
or State department or agency need not be renewed. However,
the Secretary may request from time to time whether the local
governments or State departments or agencies desire to
continue receiving the compilation.
(3) The compilations of the daily list mentioned in
paragraph (2) of subsection (b) of this Section shall be
mailed to newspapers, or any other person not included as a
recipient in paragraph (2) of subsection (b) of this Section,
upon receipt of a written application signed by the applicant
and accompanied by the payment of a fee as determined by the
Secretary.
(c) If a domestic or foreign corporation has filed with
the Secretary of State an annual report for the preceding
year or has been newly formed or is otherwise and in any
manner registered with the Secretary of State, the Secretary
of State shall exchange with the Illinois Department of
Public Aid any information concerning that corporation 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 Non-Support
Punishment 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 Act to the
contrary, the Secretary of State shall not be liable to any
person for any disclosure of information to the Illinois
Department of Public Aid under this subsection or for any
other action taken in good faith to comply with the
requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
Section 990. The Limited Liability Company Act is
amended by changing Section 50-5 as follows:
(805 ILCS 180/50-5)
Sec. 50-5. List of limited liability companies; exchange
of information.
(a) The Secretary of State may publish a list or lists
of limited liability companies and foreign limited liability
companies, as often, in the format, and for the fees as the
Secretary of State may in his or her discretion provide by
rule. The Secretary of State may disseminate information
concerning limited liability companies and foreign limited
liability companies by computer network in the format and for
the fees as may be determined by rule.
(b) Upon written request, any list published under
subsection (a) shall be free to each member of the General
Assembly, to each State agency or department, and to each
recorder in this State. An appropriate fee established by
rule to cover the cost of producing the list shall be charged
to all others.
(c) If a domestic or foreign limited liability company
has filed with the Secretary of State an annual report for
the preceding year or has been newly formed or is otherwise
and in any manner registered with the Secretary of State, the
Secretary of State shall exchange with the Illinois
Department of Public Aid any information concerning that
limited liability company 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 Non-Support Punishment 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 Act to the
contrary, the Secretary of State shall not be liable to any
person for any disclosure of information to the Illinois
Department of Public Aid under this subsection or for any
other action taken in good faith to comply with the
requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
(750 ILCS 15/Act rep.)
Section 992. Repealer. The Non-Support of Spouse and
Children Act is repealed.
Section 995. Certain actions to be determined under
prior law. An action that was commenced under the
Non-Support of Spouse and Children Act and is pending on the
effective date of this Act shall be decided in accordance
with the Non-Support of Spouse and Children Act as it existed
immediately before its repeal by this Act.
Section 999. Effective date. This Act takes effect on
October 1, 1999, except that Section 945 takes effect July 1,
2000.
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