State of Illinois
90th General Assembly
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90_HB0963

      820 ILCS 115/4.5 new
          Amends the Wage Payment  and  Collection  Act.   Provides
      that  before  employing  a person as an employee, an employer
      shall ask the person whether he or she currently owes a  duty
      to  pay  child  support.   Provides  that if an employer pays
      wages in cash to an employee who at the time of payment  owes
      a  duty  to pay child support and if that payment of wages in
      cash enables the employee to evade his or  her  duty  to  pay
      child  support,  then the employer commits a business offense
      punishable by a fine equal to 3 times the amount  of  support
      owed  by  the  employee  plus  the  costs  of collecting that
      support.  Provides that upon collecting the fine,  the  clerk
      of  the  court  shall  pay  the  amount  of  the  fine to the
      custodial parent or other legal guardian  of  the  child  for
      whom  the  employee  owed the support, for the benefit of the
      child.
                                                     LRB9001246DJcd
                                               LRB9001246DJcd
 1        AN ACT to amend the Illinois Wage Payment and  Collection
 2    Act by adding Section 4.5.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Illinois Wage Payment and Collection Act
 6    is amended by adding Section 4.5 as follows:
 7        (820 ILCS 115/4.5 new)
 8        Sec. 4.5.  Employee's child support  obligation;  payment
 9    of wages in cash.
10        (a)  Before   employing  a  person  as  an  employee,  an
11    employer shall ask the person whether  he  or  she  currently
12    owes a duty to make payments for the support of a child under
13    an  order  for  support  as  defined  in Section 706.1 of the
14    Illinois Marriage and Dissolution of Marriage Act.
15        (b)  If an employer pays wages in cash to an employee who
16    at the time of payment owes a duty to make payments  for  the
17    support  of  a child under an order for support as defined in
18    Section 706.1 of the Illinois  Marriage  and  Dissolution  of
19    Marriage Act and if that payment of wages in cash enables the
20    employee  to  evade  his or her duty to make payments for the
21    support of a child under that order  for  support,  then  the
22    employer commits a business offense by making that payment of
23    wages  in  cash.   Upon  conviction  of an offense under this
24    subsection, an employer shall be fined (i) an amount equal to
25    3 times the amount of support for which the employee was able
26    to evade payment because of the employer's payment of his  or
27    her  wages  in  cash  plus  (ii) the costs of collecting that
28    support.  Upon collecting the fine, the clerk  of  the  court
29    shall  pay  the amount of the fine to the custodial parent or
30    other legal guardian of the child for whom the employee  owed
31    the support, for the benefit of the child.

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