093_HB0016enr

HB0016 Enrolled                      LRB093 02284 DRJ 02292 b

 1        AN ACT regarding child support.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Public Aid Code is amended by
 5    changing Section 10-3.3 as follows:

 6        (305 ILCS 5/10-3.3)
 7        Sec.  10-3.3.  Locating  support  obligor   and   others;
 8    penalties.
 9        (a)  Upon  request  by the Child and Spouse Support Unit,
10    may request and receive from  employers,  labor  unions,  and
11    telephone  companies  shall  provide,  and  utility companies
12    location  information   concerning   putative   fathers   and
13    noncustodial  parents  for  the  purpose  of  establishing  a
14    child's  paternity or establishing, enforcing, or modifying a
15    child  support  obligation.   In  this   Section,   "location
16    information"   means   information  about  (i)  the  physical
17    whereabouts of a putative father or noncustodial parent, (ii)
18    the putative father or  noncustodial  parent's  employer,  or
19    (iii)  the salary, wages, and other compensation paid and the
20    health insurance coverage provided to the putative father  or
21    noncustodial parent by the employer of the putative father or
22    noncustodial parent or by a labor union of which the putative
23    father or noncustodial parent is a member.
24        An  The  employer,  of  a putative father or noncustodial
25    parent or the labor union, or telephone company of which  the
26    putative  father  or  noncustodial  parent  is a member shall
27    respond to the request of the Child and Spouse  Support  Unit
28    within  15  days  after receiving the employer or labor union
29    receives the request.   Any  employer,  or  labor  union,  or
30    telephone  company  that  willfully  fails  to  fully respond
31    within the 15-day period shall be subject  to  a  penalty  of
 
HB0016 Enrolled            -2-       LRB093 02284 DRJ 02292 b
 1    $100  for  each  day that the response is not provided to the
 2    Illinois Department after the 15-day period has expired.  The
 3    penalty may be collected in a  civil  action,  which  may  be
 4    brought  against  the  employer, or labor union, or telephone
 5    company in favor of the Illinois Department.
 6        (b)  Upon being served with an administrative subpoena as
 7    authorized under  this  Code,  a  utility  company  or  cable
 8    television  company  must provide location information to the
 9    Child and Spouse Support Unit for the purpose of establishing
10    a child's paternity or establishing, enforcing, or  modifying
11    a  child  support  obligation.  Pursuant to an administrative
12    subpoena as authorized under this Code, the Child and  Spouse
13    Support  Unit  may request and receive from utility companies
14    and   cable   television   companies   location   information
15    concerning individuals who owe or are owed support or against
16    whom or with respect to whom a support obligation is sought.
17        (c)  Notwithstanding the provisions of any other State or
18    local  law  to  the  contrary,  an  employer,  labor   union,
19    telephone  company,  utility  company,  or  cable  television
20    company  shall  not be liable to any person for disclosure of
21    location information under the requirements of this  Section,
22    except for willful and wanton misconduct.
23    (Source: P.A. 89-395, eff. 1-1-96; 90-18, eff. 7-1-97.)

24        Section  10.  The  Illinois  Marriage  and Dissolution of
25    Marriage Act is amended by adding Section 714 as follows:

26        (750 ILCS 5/714 new)
27        Sec. 714.  Information to  locate  putative  fathers  and
28    noncustodial parents.
29        (a)  Upon  request  by  a public office, employers, labor
30    unions,  and  telephone  companies  shall  provide   location
31    information  concerning  putative  fathers  and  noncustodial
32    parents  for  the purpose of establishing a child's paternity
 
HB0016 Enrolled            -3-       LRB093 02284 DRJ 02292 b
 1    or establishing, enforcing,  or  modifying  a  child  support
 2    obligation.  The term "public office" is defined as set forth
 3    in the Income Withholding for Support Act. In  this  Section,
 4    "location   information"  means  information  about  (i)  the
 5    physical whereabouts of a  putative  father  or  noncustodial
 6    parent,   (ii)   the  employer  of  the  putative  father  or
 7    noncustodial parent, or (iii) the salary,  wages,  and  other
 8    compensation  paid and the health insurance coverage provided
 9    to the putative father or noncustodial parent by the employer
10    of the putative father or noncustodial parent or by  a  labor
11    union  of which the putative father or noncustodial parent is
12    a member. An employer,  labor  union,  or  telephone  company
13    shall  respond  to the request of the public office within 15
14    days after receiving the request. Any employer, labor  union,
15    or  telephone  company  that willfully fails to fully respond
16    within the 15-day period shall be subject  to  a  penalty  of
17    $100  for  each  day that the response is not provided to the
18    public office  after  the  15-day  period  has  expired.  The
19    penalty  may  be  collected  in  a civil action, which may be
20    brought against  the  employer,  labor  union,  or  telephone
21    company in favor of the public office.
22        (b)  Upon  being  served  with  a  subpoena (including an
23    administrative subpoena as  authorized  by  law),  a  utility
24    company  or  cable  television  company must provide location
25    information  to  a  public  office   for   the   purpose   of
26    establishing  a child's paternity or establishing, enforcing,
27    or modifying a child support obligation.
28        (c)  Notwithstanding the provisions of any other State or
29    local  law  to  the  contrary,  an  employer,  labor   union,
30    telephone  company,  utility  company,  or  cable  television
31    company  shall  not be liable to any person for disclosure of
32    location information under the requirements of this  Section,
33    except for willful and wanton misconduct.
 
HB0016 Enrolled            -4-       LRB093 02284 DRJ 02292 b
 1        Section 15.  The Non-Support Punishment Act is amended by
 2    adding Section 33 as follows:

 3        (750 ILCS 16/33 new)
 4        Sec.  33.  Information  to  locate  putative  fathers and
 5    noncustodial parents.
 6        (a)  Upon request by a public  office,  employers,  labor
 7    unions,   and  telephone  companies  shall  provide  location
 8    information  concerning  putative  fathers  and  noncustodial
 9    parents for the purpose of establishing a  child's  paternity
10    or  establishing,  enforcing,  or  modifying  a child support
11    obligation. The term "public office" is defined as set  forth
12    in  the  Income Withholding for Support Act. In this Section,
13    "location  information"  means  information  about  (i)   the
14    physical  whereabouts  of  a  putative father or noncustodial
15    parent,  (ii)  the  employer  of  the  putative   father   or
16    noncustodial  parent,  or  (iii) the salary, wages, and other
17    compensation paid and the health insurance coverage  provided
18    to the putative father or noncustodial parent by the employer
19    of  the  putative father or noncustodial parent or by a labor
20    union of which the putative father or noncustodial parent  is
21    a  member.  An  employer,  labor  union, or telephone company
22    shall respond to the request of the public office  within  15
23    days  after receiving the request. Any employer, labor union,
24    or telephone company that willfully fails  to  fully  respond
25    within  the  15-day  period  shall be subject to a penalty of
26    $100 for each day that the response is not  provided  to  the
27    public  office  after  the  15-day  period  has  expired. The
28    penalty may be collected in a  civil  action,  which  may  be
29    brought  against  the  employer,  labor  union,  or telephone
30    company in favor of the public office.
31        (b)  Upon being served  with  a  subpoena  (including  an
32    administrative  subpoena  as  authorized  by  law), a utility
33    company or cable television  company  must  provide  location
 
HB0016 Enrolled            -5-       LRB093 02284 DRJ 02292 b
 1    information   to   a   public   office  for  the  purpose  of
 2    establishing a child's paternity or establishing,  enforcing,
 3    or modifying a child support obligation.
 4        (c)  Notwithstanding the provisions of any other State or
 5    local   law  to  the  contrary,  an  employer,  labor  union,
 6    telephone  company,  utility  company,  or  cable  television
 7    company shall not be liable to any person for  disclosure  of
 8    location  information under the requirements of this Section,
 9    except for willful and wanton misconduct.

10        Section  20.  The  Illinois  Parentage  Act  of  1984  is
11    amended by adding Section 14.5 as follows:

12        (750 ILCS 45/14.5 new)
13        Sec. 14.5.  Information to locate  putative  fathers  and
14    noncustodial parents.
15        (a)  Upon  request  by  a public office, employers, labor
16    unions,  and  telephone  companies  shall  provide   location
17    information  concerning  putative  fathers  and  noncustodial
18    parents  for  the purpose of establishing a child's paternity
19    or establishing, enforcing,  or  modifying  a  child  support
20    obligation.  The term "public office" is defined as set forth
21    in the Income Withholding for Support Act. In  this  Section,
22    "location   information"  means  information  about  (i)  the
23    physical whereabouts of a  putative  father  or  noncustodial
24    parent,   (ii)   the  employer  of  the  putative  father  or
25    noncustodial parent, or (iii) the salary,  wages,  and  other
26    compensation  paid and the health insurance coverage provided
27    to the putative father or noncustodial parent by the employer
28    of the putative father or noncustodial parent or by  a  labor
29    union  of which the putative father or noncustodial parent is
30    a member.  An employer, labor  union,  or  telephone  company
31    shall  respond  to the request of the public office within 15
32    days after receiving the request. Any employer, labor  union,
 
HB0016 Enrolled            -6-       LRB093 02284 DRJ 02292 b
 1    or  telephone  company  that willfully fails to fully respond
 2    within the 15-day period shall be subject  to  a  penalty  of
 3    $100  for  each  day that the response is not provided to the
 4    public office  after  the  15-day  period  has  expired.  The
 5    penalty  may  be  collected  in  a civil action, which may be
 6    brought against  the  employer,  labor  union,  or  telephone
 7    company in favor of the public office.
 8        (b)  Upon  being  served  with  a  subpoena (including an
 9    administrative subpoena as  authorized  by  law),  a  utility
10    company  or  cable  television  company must provide location
11    information  to  a  public  office   for   the   purpose   of
12    establishing  a child's paternity or establishing, enforcing,
13    or modifying a child support obligation.
14        (c)  Notwithstanding the provisions of any other State or
15    local  law  to  the  contrary,  an  employer,  labor   union,
16    telephone  company,  utility  company,  or  cable  television
17    company  shall  not be liable to any person for disclosure of
18    location information under the requirements of this  Section,
19    except for willful and wanton misconduct.

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.