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91_SB0019
LRB9100065SMdvA
1 AN ACT regarding child support enforcement.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Non-Support Punishment Act.
6 Section 5. Prosecutions by Attorney General. In
7 addition to enforcement proceedings by the several State's
8 Attorneys, a proceeding for the enforcement of this Act may
9 be instituted and prosecuted by the Attorney General in
10 cases referred by the Illinois Department of Public Aid
11 involving persons receiving child and spouse support services
12 under Article X of the Illinois Public Aid Code.
13 Section 10. Proceedings. Proceedings under this Act may
14 be by indictment or information.
15 Section 15. Failure to support.
16 (a) A person commits the offense of failure to support
17 when he or she:
18 (1) without any lawful excuse, neglects or refuses
19 to provide for the support or maintenance of his or her
20 spouse, which spouse is in need of such support or
21 maintenance, or, without lawful excuse, deserts or
22 neglects or refuses to provide for the support or
23 maintenance of his or her child or children under the age
24 of 18 years, in need of support or maintenance; or
25 (2) willfully fails to pay a support obligation
26 required under a court or administrative order for
27 support, if the obligation has remained unpaid for a
28 period longer than 6 months, or is in arrears in an
29 amount greater than $1,000; or
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1 (3) leaves the State with the intent to evade a
2 support obligation required under a court or
3 administrative order for support, if the obligation has
4 remained unpaid for a period longer than 6 months, or is
5 in arrears in an amount greater than $1,000; or
6 (4) willfully fails to pay a support obligation
7 required under a court or administrative order for
8 support, if the obligation has remained unpaid for a
9 period longer than one year, or is in arrears in an
10 amount greater than $3,000.
11 (b) Sentence. A person convicted of a first offense
12 under subdivision (a)(1) or (a)(2) is guilty of a Class A
13 misdemeanor. A person convicted of an offense under
14 subdivision (a)(3) or (a)(4) or a second or subsequent
15 offense under subdivision (a)(1) or (a)(2) is guilty of a
16 Class 4 felony.
17 (c) Expungement. A person convicted of a first offense
18 under subdivision (a)(1) or (a)(2) who is eligible for the
19 Earnfare program, shall, in lieu of the sentence prescribed
20 in subsection (b), be referred to the Earnfare program. Upon
21 certification of completion of the Earnfare program, the
22 conviction shall be expunged. If the person fails to
23 successfully complete the Earnfare program, he or she shall
24 be sentenced in accordance with subsection (b).
25 (d) Fine. Sentences of imprisonment and fines for
26 offenses committed under this Act shall be as provided under
27 Articles 8 and 9 of Chapter V of the Unified Code of
28 Corrections, except that the court may impose the following
29 fines, alone, or in addition to a sentence of imprisonment
30 under the following circumstances:
31 (1) from $1,000 to $5,000 if the support obligation
32 has remained unpaid for a period longer than 2 years, or
33 is in arrears in an amount greater than $1,000 and less
34 than $5,000;
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1 (2) from $5,000 to $10,000 if the support obligation
2 has remained unpaid for a period longer than 5 years, or
3 is in arrears in an amount greater than $5,000 and less
4 than $10,000; or
5 (3) from $10,000 to $25,000 if the support
6 obligation has remained unpaid for a period longer than 8
7 years, or is in arrears in an amount greater than
8 $10,000.
9 Section 20. Entry of order for support; income
10 withholding.
11 (a) In a case in which no court or administrative order
12 for support is in effect against the defendant:
13 (1) at any time before the trial, upon motion of the
14 State's Attorney, or of the Attorney General if the
15 action has been instituted by his office, and upon notice
16 to the defendant, or at the time of arraignment or as a
17 condition of postponement of arraignment, the court may
18 enter such temporary order for support as may seem just,
19 providing for the support or maintenance of the spouse or
20 child or children of the defendant, or both, pendente
21 lite; or
22 (2) before trial with the consent of the defendant,
23 or at the trial on entry of a plea of guilty, or after
24 conviction, instead of imposing the penalty provided in
25 this Act, or in addition thereto, the court may enter an
26 order for support, subject to modification by the court
27 from time to time as circumstances may require, directing
28 the defendant to pay a certain sum for maintenance of the
29 spouse, or for support of the child or children, or both.
30 (b) The court shall determine the amount of child support
31 by using the guidelines and standards set forth in subsection
32 (a) of Section 505 and in Section 505.2 of the Illinois
33 Marriage and Dissolution of Marriage Act.
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1 (c) The court shall determine the amount of maintenance
2 using the standards set forth in Section 504 of the Illinois
3 Marriage and Dissolution of Marriage Act.
4 (d) The court may, for violation of any order under this
5 Section, punish the offender as for a contempt of court, but
6 no pendente lite order shall remain in effect longer than 4
7 months, or after the discharge of any panel of jurors
8 summoned for service thereafter in such court, whichever is
9 sooner.
10 (e) Any order for support entered by the court under this
11 Section shall be deemed to be a series of judgments against
12 the person obligated to pay support under the judgments, each
13 such judgment to be in the amount of each payment or
14 installment of support and each judgment to be deemed entered
15 as of the date the corresponding payment or installment
16 becomes due under the terms of the support order. Each
17 judgment shall have the full force, effect, and attributes of
18 any other judgment of this State, including the ability to be
19 enforced. Each judgment is subject to modification or
20 termination only in accordance with Section 510 of the
21 Illinois Marriage and Dissolution of Marriage Act. A lien
22 arises by operation of law against the real and personal
23 property of the noncustodial parent for each installment of
24 overdue support owed by the noncustodial parent.
25 (f) An order for support entered under this Section shall
26 include a provision requiring the obligor to report to the
27 obligee and to the clerk of the court within 10 days each
28 time the obligor obtains new employment, and each time the
29 obligor's employment is terminated for any reason. The
30 report shall be in writing and shall, in the case of new
31 employment, include the name and address of the new employer.
32 Failure to report new employment or the termination of
33 current employment, if coupled with nonpayment of support for
34 a period in excess of 60 days, is indirect criminal contempt.
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1 For any obligor arrested for failure to report new
2 employment, bond shall be set in the amount of the child
3 support that should have been paid during the period of
4 unreported employment.
5 An order for support entered under this Section shall
6 also include a provision requiring the obligor and obligee
7 parents to advise each other of a change in residence within
8 5 days of the change except when the court finds that the
9 physical, mental, or emotional health of a party or of a
10 minor child, or both, would be seriously endangered by
11 disclosure of the party's address.
12 (g) An order for support entered or modified in a case in
13 which a party is receiving child and spouse support services
14 under Article X of the Illinois Public Aid Code shall include
15 a provision requiring the noncustodial parent to notify the
16 Illinois Department of Public Aid, within 7 days, of the name
17 and address of any new employer of the noncustodial parent,
18 whether the noncustodial parent has access to health
19 insurance coverage through the employer or other group
20 coverage and, if so, the policy name and number and the names
21 of persons covered under the policy.
22 (h) In any subsequent action to enforce an order for
23 support entered under this Act, upon sufficient showing that
24 diligent effort has been made to ascertain the location of
25 the noncustodial parent, service of process or provision of
26 notice necessary in that action may be made at the last known
27 address of the noncustodial parent, in any manner expressly
28 provided by the Code of Civil Procedure or in this Act, which
29 service shall be sufficient for purposes of due process.
30 (i) An order for support shall include a date on which
31 the current support obligation terminates. The termination
32 date shall be no earlier than the date on which the child
33 covered by the order will attain the age of majority or is
34 otherwise emancipated. The order for support shall state that
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1 the termination date does not apply to any arrearage that may
2 remain unpaid on that date. Nothing in this subsection shall
3 be construed to prevent the court from modifying the order.
4 Section 22. Withholding of income to secure payment of
5 support. An order for support entered or modified under this
6 Act is subject to the Income Withholding for Support Act.
7 Section 25. Payment of support to State Disbursement
8 Unit; clerk of the court.
9 (a) As used in this Section, "order for support",
10 "obligor", "obligee", and "payor" mean those terms as defined
11 in the Income Withholding for Support Act.
12 (b) Each order for support entered or modified under
13 Section 20 of this Act shall require that support payments be
14 made to the State Disbursement Unit established under the
15 Illinois Public Aid Code, under the following circumstances:
16 (1) when a party to the order is receiving child and
17 spouse support services under Article X of the Illinois
18 Public Aid Code; or
19 (2) when no party to the order is receiving child
20 and spouse support services, but the support payments are
21 made through income withholding.
22 (c) When no party to the order is receiving child and
23 spouse support services, and payments are not being made
24 through income withholding, the court shall order the obligor
25 to make support payments to the clerk of the court.
26 (d) In the case of an order for support entered by the
27 court under this Act before a party commenced receipt of
28 child and spouse support services, upon receipt of these
29 services by a party the Illinois Department of Public Aid
30 shall provide notice to the obligor to send any support
31 payments he or she makes personally to the State Disbursement
32 Unit until further direction of the Department. The
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1 Department shall provide a copy of the notice to the obligee
2 and to the clerk of the court. An obligor who fails to
3 comply with a notice provided by the Department under this
4 Section is guilty of a Class B misdemeanor.
5 (e) If a State Disbursement Unit as specified by federal
6 law has not been created in Illinois upon the effective date
7 of this Act, then, until the creation of a State Disbursement
8 Unit as specified by federal law, the following provisions
9 regarding payment and disbursement of support payments shall
10 control and the provisions in subsections (a), (b), (c), and
11 (d) shall be inoperative. Upon the creation of a State
12 Disbursement Unit as specified by federal law, this
13 subsection (e) shall be inoperative and the payment and
14 disbursement provisions of subsections (a), (b), (c), and (d)
15 shall control.
16 (1) In cases in which an order for support is
17 entered under Section 20 of this Act, the court shall
18 order that maintenance and support payments be made to
19 the clerk of the court for remittance to the person or
20 agency entitled to receive the payments. However, the
21 court in its discretion may direct otherwise where
22 exceptional circumstances so warrant.
23 (2) The court shall direct that support payments be
24 sent by the clerk to (i) the Illinois Department of
25 Public Aid if the person in whose behalf payments are
26 made is receiving aid under Articles III, IV, or V of the
27 Illinois Public Aid Code, or child and spouse support
28 services under Article X of the Code, or (ii) to the
29 local governmental unit responsible for the support of
30 the person if he or she is a recipient under Article VI
31 of the Code. In accordance with federal law and
32 regulations, the Illinois Department of Public Aid may
33 continue to collect current maintenance payments or child
34 support payments, or both, after those persons cease to
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1 receive public assistance and until termination of
2 services under Article X of the Illinois Public Aid Code.
3 The Illinois Department shall pay the net amount
4 collected to those persons after deducting any costs
5 incurred in making the collection or any collection fee
6 from the amount of any recovery made. The order shall
7 permit the Illinois Department of Public Aid or the local
8 governmental unit, as the case may be, to direct that
9 support payments be made directly to the spouse,
10 children, or both, or to some person or agency in their
11 behalf, upon removal of the spouse or children from the
12 public aid rolls or upon termination of services under
13 Article X of the Illinois Public Aid Code; and upon such
14 direction, the Illinois Department or the local
15 governmental unit, as the case requires, shall give
16 notice of such action to the court in writing or by
17 electronic transmission.
18 (3) The clerk of the court shall establish and
19 maintain current records of all moneys received and
20 disbursed and of delinquencies and defaults in required
21 payments. The court, by order or rule, shall make
22 provision for the carrying out of these duties.
23 (4) Upon notification in writing or by electronic
24 transmission from the Illinois Department of Public Aid
25 to the clerk of the court that a person who is receiving
26 support payments under this Section is receiving services
27 under the Child Support Enforcement Program established
28 by the Title IV-D of the Social Security Act, any support
29 payments subsequently received by the clerk of the court
30 shall be transmitted in accordance with the instructions
31 of the Illinois Department of Public Aid until the
32 Department gives notice to cease the transmittal. After
33 providing the notification authorized under this
34 paragraph, the Illinois Department of Public Aid shall be
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1 a party and entitled to notice of any further proceedings
2 in the case. The clerk of the court shall file a copy of
3 the Illinois Department of Public Aid's notification in
4 the court file. The failure of the clerk to file a copy
5 of the notification in the court file shall not, however,
6 affect the Illinois Department of Public Aid's rights as
7 a party or its right to receive notice of further
8 proceedings.
9 (5) Payments under this Section to the Illinois
10 Department of Public Aid pursuant to the Child Support
11 Enforcement Program established by Title IV-D of the
12 Social Security Act shall be paid into the Child Support
13 Enforcement Trust Fund. All other payments under this
14 Section to the Illinois Department of Public Aid shall be
15 deposited in the Public Assistance Recoveries Trust Fund.
16 Disbursements from these funds shall be as provided in
17 the Illinois Public Aid Code. Payments received by a
18 local governmental unit shall be deposited in that unit's
19 General Assistance Fund.
20 (6) For those cases in which child support is
21 payable to the clerk of the circuit court for transmittal
22 to the Illinois Department of Public Aid by order of
23 court or upon notification by the Illinois Department of
24 Public Aid, the clerk shall transmit all such payments,
25 within 4 working days of receipt, to insure that funds
26 are available for immediate distribution by the
27 Department to the person or entity entitled thereto in
28 accordance with standards of the Child Support
29 Enforcement Program established under Title IV-D of the
30 Social Security Act. The clerk shall notify the
31 Department of the date of receipt and amount thereof at
32 the time of transmittal. Where the clerk has entered
33 into an agreement of cooperation with the Department to
34 record the terms of child support orders and payments
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1 made thereunder directly into the Department's automated
2 data processing system, the clerk shall account for,
3 transmit and otherwise distribute child support payments
4 in accordance with such agreement in lieu of the
5 requirements contained herein.
6 Section 30. Information to State Case Registry.
7 (a) When an order for support is entered or modified
8 under Section 20 of this Act, the clerk of the court shall,
9 within 5 business days, provide to the State Case Registry
10 established under Section 10-27 of the Illinois Public Aid
11 Code the court docket number and county in which the order is
12 entered or modified and the following information, which the
13 parents involved in the case shall disclose to the court:
14 (1) the names of the custodial and noncustodial
15 parents and of the child or children covered by the
16 order;
17 (2) the dates of birth of the custodial and
18 noncustodial parents and of the child or children covered
19 by the order;
20 (3) the social security numbers of the custodial and
21 noncustodial parents and, if available, of the child or
22 children covered by the order;
23 (4) the residential and mailing address for the
24 custodial and noncustodial parents;
25 (5) the telephone numbers for the custodial and
26 noncustodial parents;
27 (6) the driver's license numbers for the custodial
28 and noncustodial parents; and
29 (7) the name, address, and telephone number of each
30 parent's employer or employers.
31 (b) When an order for support is entered or modified
32 under Section 20 in a case in which a party is receiving
33 child and spouse support services under Article X of the
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1 Illinois Public Aid Code, the clerk shall provide the State
2 Case Registry with the following information within 5
3 business days:
4 (1) the information specified in subsection (a);
5 (2) the amount of monthly or other periodic support
6 owed under the order and other amounts, including
7 arrearages, interest, or late payment penalties and fees,
8 due or overdue under the order;
9 (3) any amounts described in subdivision (2) of this
10 subsection (b) that have been received by the clerk; and
11 (4) the distribution of the amounts received by the
12 clerk.
13 (c) To the extent that updated information is in the
14 clerk's possession, the clerk shall provide updates of the
15 information specified in subsection (b) within 5 business
16 days after the Illinois Department of Public Aid's request
17 for that updated information.
18 Section 35. Fine; release of defendant on probation;
19 violation of order for support; forfeiture of recognizance.
20 (a) Whenever a fine is imposed it may be directed by the
21 court to be paid, in whole or in part, to the spouse,
22 ex-spouse, or if the support of a child or children is
23 involved, to the custodial parent, to the clerk, probation
24 officer, or to the Illinois Department of Public Aid if a
25 recipient of child and spouse support services under Article
26 X of the Illinois Public Aid Code is involved as the case
27 requires, to be disbursed by such officers or agency under
28 the terms of the order.
29 (b) The court may also relieve the defendant from custody
30 on probation for the period fixed in the order or judgment
31 upon his or her entering into a recognizance, with or without
32 surety, in the sum as the court orders and approves. The
33 condition of the recognizance shall be such that if the
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1 defendant makes his or her personal appearance in court
2 whenever ordered to do so by the court, during such period as
3 may be so fixed, and further complies with the terms of the
4 order for support, or any subsequent modification of the
5 order, then the recognizance shall be void; otherwise it will
6 remain in full force and effect.
7 (c) If the court is satisfied by testimony in open court,
8 that at any time during the period of one year the defendant
9 has violated the terms of the order for support, it may
10 proceed with the trial of the defendant under the original
11 charge, or sentence him or her under the original conviction,
12 or enforce the suspended sentence, as the case may be. In
13 case of forfeiture of recognizance, and enforcement of
14 recognizance by execution, the sum so recovered may, in the
15 discretion of the court, be paid, in whole or in part, to the
16 spouse, ex-spouse, or if the support of a child or children
17 is involved, to the custodial parent, to the clerk, or to the
18 Illinois Department of Public Aid if a recipient of child and
19 spouse support services under Article X of the Illinois
20 Public Aid Code is involved as the case requires, to be
21 disbursed by the clerk or the Department under the terms of
22 the order.
23 Section 40. Evidence. No other or greater evidence
24 shall be required to prove the marriage of a husband and
25 wife, or that the defendant is the father or mother of the
26 child or children than is or shall be required to prove that
27 fact in a civil action.
28 Section 45. Husband or wife as competent witness. In no
29 prosecution under this Act shall any existing statute or rule
30 of law prohibiting the disclosure of confidential
31 communications between husband and wife apply. And both
32 husband and wife shall be competent witnesses to testify to
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1 any and all relevant matters, including the fact of such
2 marriage and of the parentage of such child or children,
3 provided that neither shall be compelled to give evidence
4 incriminating himself or herself.
5 Section 50. Community service; work alternative program.
6 (a) In addition to any other penalties imposed against an
7 offender under this Act, the court may order the offender to
8 perform community service for not less than 30 and not more
9 than 120 hours per month, if community service is available
10 in the jurisdiction and is funded and approved by the county
11 board of the county where the offense was committed. In
12 addition, whenever any person is placed on supervision for
13 committing an offense under this Act, the supervision shall
14 be conditioned on the performance of the community service.
15 (b) In addition to any other penalties imposed against an
16 offender under this Act, the court may sentence the offender
17 to service in a work alternative program administered by the
18 sheriff. The conditions of the program are that the offender
19 obtain or retain employment and participate in a work
20 alternative program administered by the sheriff during
21 non-working hours. A person may not be required to
22 participate in a work alternative program under this
23 subsection if the person is currently participating in a work
24 program pursuant to another provision of this Act, Section
25 10-11.1 of the Illinois Public Aid Code, Section 505.1 of the
26 Illinois Marriage and Dissolution of Marriage Act, or Section
27 15.1 of the Illinois Parentage Act of 1984.
28 Section 55. Offenses; how construed. It is hereby
29 expressly declared that the offenses set forth in this Act
30 shall be construed to be continuing offenses.
31 Section 60. Unemployed persons owing duty of support.
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1 (a) Whenever it is determined in a proceeding to
2 establish or enforce a child support or maintenance
3 obligation that the person owing a duty of support is
4 unemployed, the court may order the person to seek employment
5 and report periodically to the court with a diary, listing or
6 other memorandum of his or her efforts in accordance with
7 such order. Additionally, the court may order the unemployed
8 person to report to the Department of Employment Security for
9 job search services or to make application with the local
10 Jobs Training Partnership Act provider for participation in
11 job search, training, or work programs and where the duty of
12 support is owed to a child receiving support services under
13 Article X of the Illinois Public Aid Code the court may order
14 the unemployed person to report to the Illinois Department of
15 Public Aid for participation in job search, training, or work
16 programs established under Section 9-6 and Article IXA of
17 that Code.
18 (b) Whenever it is determined that a person owes past due
19 support for a child or for a child and the parent with whom
20 the child is living, and the child is receiving assistance
21 under the Illinois Public Aid Code, the court shall order at
22 the request of the Illinois Department of Public Aid:
23 (1) that the person pay the past-due support in
24 accordance with a plan approved by the court; or
25 (2) if the person owing past-due support is
26 unemployed, is subject to such a plan, and is not
27 incapacitated, that the person participate in such job
28 search, training, or work programs established under
29 Section 9-6 and Article IXA of the Illinois Public Aid
30 Code as the court deems appropriate.
31 Section 65. Order of protection; status. Whenever
32 relief sought under this Act is based on allegations of
33 domestic violence, as defined in the Illinois Domestic
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1 Violence Act of 1986, the court, before granting relief,
2 shall determine whether any order of protection has
3 previously been entered in the instant proceeding or any
4 other proceeding in which any party, or a child of any party,
5 or both, if relevant, has been designated as either a
6 respondent or a protected person.
7 Section 905. The Civil Administrative Code of Illinois
8 is amended by changing Section 43a.14 as follows:
9 (20 ILCS 1005/43a.14)
10 Sec. 43a.14. Exchange of information for child support
11 enforcement.
12 (a) To exchange with the Illinois Department of Public
13 Aid information that may be necessary for the enforcement of
14 child support orders entered pursuant to the Illinois Public
15 Aid Code, the Illinois Marriage and Dissolution of Marriage
16 Act, the Non-Support of Spouse and Children Act, the
17 Non-Support Punishment Act, the Revised Uniform Reciprocal
18 Enforcement of Support Act, the Uniform Interstate Family
19 Support Act, or the Illinois Parentage Act of 1984.
20 (b) Notwithstanding any provisions in this Code to the
21 contrary, the Department of Employment Security shall not be
22 liable to any person for any disclosure of information to the
23 Illinois Department of Public Aid under subsection (a) or for
24 any other action taken in good faith to comply with the
25 requirements of subsection (a).
26 (Source: P.A. 90-18, eff. 7-1-97.)
27 Section 910. The Civil Administrative Code of Illinois
28 is amended by changing Section 60 as follows:
29 (20 ILCS 2105/60) (from Ch. 127, par. 60)
30 Sec. 60. Powers and duties. The Department of
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1 Professional Regulation shall have, subject to the provisions
2 of this Act, the following powers and duties:
3 1. To authorize examinations in English to ascertain the
4 qualifications and fitness of applicants to exercise the
5 profession, trade, or occupation for which the examination is
6 held.
7 2. To prescribe rules and regulations for a fair and
8 wholly impartial method of examination of candidates to
9 exercise the respective professions, trades, or occupations.
10 3. To pass upon the qualifications of applicants for
11 licenses, certificates, and authorities, whether by
12 examination, by reciprocity, or by endorsement.
13 4. To prescribe rules and regulations defining, for the
14 respective professions, trades, and occupations, what shall
15 constitute a school, college, or university, or department of
16 a university, or other institutions, reputable and in good
17 standing and to determine the reputability and good standing
18 of a school, college, or university, or department of a
19 university, or other institution, reputable and in good
20 standing by reference to a compliance with such rules and
21 regulations: provided, that no school, college, or
22 university, or department of a university or other
23 institution that refuses admittance to applicants solely on
24 account of race, color, creed, sex, or national origin shall
25 be considered reputable and in good standing.
26 5. To conduct hearings on proceedings to revoke,
27 suspend, refuse to renew, place on probationary status, or
28 take other disciplinary action as may be authorized in any
29 licensing Act administered by the Department with regard to
30 licenses, certificates, or authorities of persons exercising
31 the respective professions, trades, or occupations, and to
32 revoke, suspend, refuse to renew, place on probationary
33 status, or take other disciplinary action as may be
34 authorized in any licensing Act administered by the
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1 Department with regard to such licenses, certificates, or
2 authorities. The Department shall issue a monthly
3 disciplinary report. The Department shall deny any license
4 or renewal authorized by this Act to any person who has
5 defaulted on an educational loan or scholarship provided by
6 or guaranteed by the Illinois Student Assistance Commission
7 or any governmental agency of this State; however, the
8 Department may issue a license or renewal if the
9 aforementioned persons have established a satisfactory
10 repayment record as determined by the Illinois Student
11 Assistance Commission or other appropriate governmental
12 agency of this State. Additionally, beginning June 1, 1996,
13 any license issued by the Department may be suspended or
14 revoked if the Department, after the opportunity for a
15 hearing under the appropriate licensing Act, finds that the
16 licensee has failed to make satisfactory repayment to the
17 Illinois Student Assistance Commission for a delinquent or
18 defaulted loan. For the purposes of this Section,
19 "satisfactory repayment record" shall be defined by rule. The
20 Department shall refuse to issue or renew a license to, or
21 shall suspend or revoke a license of, any person who, after
22 receiving notice, fails to comply with a subpoena or warrant
23 relating to a paternity or child support proceeding.
24 However, the Department may issue a license or renewal upon
25 compliance with the subpoena or warrant.
26 The Department, without further process or hearings,
27 shall revoke, suspend, or deny any license or renewal
28 authorized by this Act to a person who is certified by the
29 Illinois Department of Public Aid as being more than 30 days
30 delinquent in complying with a child support order; the
31 Department may, however, issue a license or renewal if the
32 person has established a satisfactory repayment record as
33 determined by the Illinois Department of Public Aid. The
34 Department may implement this paragraph as added by Public
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1 Act 89-6 through the use of emergency rules in accordance
2 with Section 5-45 of the Illinois Administrative Procedure
3 Act. For purposes of the Illinois Administrative Procedure
4 Act, the adoption of rules to implement this paragraph shall
5 be considered an emergency and necessary for the public
6 interest, safety, and welfare.
7 6. To transfer jurisdiction of any realty under the
8 control of the Department to any other Department of the
9 State Government, or to acquire or accept Federal lands, when
10 such transfer, acquisition or acceptance is advantageous to
11 the State and is approved in writing by the Governor.
12 7. To formulate rules and regulations as may be
13 necessary for the enforcement of any act administered by the
14 Department.
15 8. To exchange with the Illinois Department of Public
16 Aid information that may be necessary for the enforcement of
17 child support orders entered pursuant to the Illinois Public
18 Aid Code, the Illinois Marriage and Dissolution of Marriage
19 Act, the Non-Support of Spouse and Children Act, the
20 Non-Support Punishment Act, the Revised Uniform Reciprocal
21 Enforcement of Support Act, the Uniform Interstate Family
22 Support Act, or the Illinois Parentage Act of 1984.
23 Notwithstanding any provisions in this Code to the contrary,
24 the Department of Professional Regulation shall not be liable
25 under any federal or State law to any person for any
26 disclosure of information to the Illinois Department of
27 Public Aid under this paragraph 8 or for any other action
28 taken in good faith to comply with the requirements of this
29 paragraph 8.
30 9. To perform such other duties as may be prescribed by
31 law.
32 The Department may, when a fee is payable to the
33 Department for a wall certificate of registration provided by
34 the Department of Central Management Services, require that
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1 portion of the payment for printing and distribution costs be
2 made directly or through the Department, to the Department of
3 Central Management Services for deposit in the Paper and
4 Printing Revolving Fund, the remainder shall be deposited in
5 the General Revenue Fund.
6 For the purpose of securing and preparing evidence, and
7 for the purchase of controlled substances, professional
8 services, and equipment necessary for enforcement activities,
9 recoupment of investigative costs and other activities
10 directed at suppressing the misuse and abuse of controlled
11 substances, including those activities set forth in Sections
12 504 and 508 of the Illinois Controlled Substances Act, the
13 Director and agents appointed and authorized by the Director
14 may expend such sums from the Professional Regulation
15 Evidence Fund as the Director deems necessary from the
16 amounts appropriated for that purpose and such sums may be
17 advanced to the agent when the Director deems such procedure
18 to be in the public interest. Sums for the purchase of
19 controlled substances, professional services, and equipment
20 necessary for enforcement activities and other activities as
21 set forth in this Section shall be advanced to the agent who
22 is to make such purchase from the Professional Regulation
23 Evidence Fund on vouchers signed by the Director. The
24 Director and such agents are authorized to maintain one or
25 more commercial checking accounts with any State banking
26 corporation or corporations organized under or subject to the
27 Illinois Banking Act for the deposit and withdrawal of moneys
28 to be used for the purposes set forth in this Section;
29 provided, that no check may be written nor any withdrawal
30 made from any such account except upon the written signatures
31 of 2 persons designated by the Director to write such checks
32 and make such withdrawals. Vouchers for such expenditures
33 must be signed by the Director and all such expenditures
34 shall be audited by the Director and the audit shall be
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1 submitted to the Department of Central Management Services
2 for approval.
3 Whenever the Department is authorized or required by law
4 to consider some aspect of criminal history record
5 information for the purpose of carrying out its statutory
6 powers and responsibilities, then, upon request and payment
7 of fees in conformance with the requirements of subsection 22
8 of Section 55a of the Civil Administrative Code of Illinois,
9 the Department of State Police is authorized to furnish,
10 pursuant to positive identification, such information
11 contained in State files as is necessary to fulfill the
12 request.
13 The provisions of this Section do not apply to private
14 business and vocational schools as defined by Section 1 of
15 the Private Business and Vocational Schools Act.
16 Beginning July 1, 1995, this Section does not apply to
17 those professions, trades, and occupations licensed under the
18 Real Estate License Act of 1983 nor does it apply to any
19 permits, certificates, or other authorizations to do business
20 provided for in the Land Sales Registration Act of 1989 or
21 the Illinois Real Estate Time-Share Act.
22 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
23 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18,
24 eff. 7-1-97.)
25 Section 915. The Civil Administrative Code of Illinois
26 is amended by changing Section 39b12 as follows:
27 (20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
28 Sec. 39b12. Exchange of information.
29 (a) To exchange with any State, or local subdivisions
30 thereof, or with the federal government, except when
31 specifically prohibited by law, any information which may be
32 necessary to efficient tax administration and which may be
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1 acquired as a result of the administration of the above laws.
2 (b) To exchange with the Illinois Department of Public
3 Aid information that may be necessary for the enforcement of
4 child support orders entered pursuant to the Illinois Public
5 Aid Code, the Illinois Marriage and Dissolution of Marriage
6 Act, the Non-Support of Spouse and Children Act, the
7 Non-Support Punishment Act, the Revised Uniform Reciprocal
8 Enforcement of Support Act, the Uniform Interstate Family
9 Support Act, or the Illinois Parentage Act of 1984.
10 Notwithstanding any provisions in this Code to the contrary,
11 the Department of Revenue shall not be liable to any person
12 for any disclosure of information to the Illinois Department
13 of Public Aid under this subsection (b) or for any other
14 action taken in good faith to comply with the requirements of
15 this subsection (b).
16 (Source: P.A. 90-18, eff. 7-1-97.)
17 Section 920. The Counties Code is amended by changing
18 Section 3-5036.5 as follows:
19 (55 ILCS 5/3-5036.5)
20 Sec. 3-5036.5. Exchange of information for child support
21 enforcement.
22 (a) The Recorder shall exchange with the Illinois
23 Department of Public Aid information that may be necessary
24 for the enforcement of child support orders entered pursuant
25 to the Illinois Public Aid Code, the Illinois Marriage and
26 Dissolution of Marriage Act, the Non-Support of Spouse and
27 Children Act, the Non-Support Punishment Act, the Revised
28 Uniform Reciprocal Enforcement of Support Act, the Uniform
29 Interstate Family Support Act, or the Illinois Parentage Act
30 of 1984.
31 (b) Notwithstanding any provisions in this Code to the
32 contrary, the Recorder shall not be liable to any person for
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1 any disclosure of information to the Illinois Department of
2 Public Aid under subsection (a) or for any other action taken
3 in good faith to comply with the requirements of subsection
4 (a).
5 (Source: P.A. 90-18, eff. 7-1-97.)
6 Section 925. The Collection Agency Act is amended by
7 changing Section 2.04 as follows:
8 (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
9 Sec. 2.04. Child support indebtedness.
10 (a) Persons, associations, partnerships, or corporations
11 engaged in the business of collecting child support
12 indebtedness owing under a court order as provided under the
13 Illinois Public Aid Code, the Illinois Marriage and
14 Dissolution of Marriage Act, the Non-Support of Spouse and
15 Children Act, the Non-Support Punishment Act, the Illinois
16 Parentage Act of 1984, or similar laws of other states are
17 not restricted (i) in the frequency of contact with an
18 obligor who is in arrears, whether by phone, mail, or other
19 means, (ii) from contacting the employer of an obligor who is
20 in arrears, (iii) from publishing or threatening to publish a
21 list of obligors in arrears, (iv) from disclosing or
22 threatening to disclose an arrearage that the obligor
23 disputes, but for which a verified notice of delinquency has
24 been served under the Income Withholding for Support Act (or
25 any of its predecessors, Section 10-16.2 of the Illinois
26 Public Aid Code, Section 706.1 of the Illinois Marriage and
27 Dissolution of Marriage Act, Section 4.1 of the Non-Support
28 of Spouse and Children Act, Section 26.1 of the Revised
29 Uniform Reciprocal Enforcement of Support Act, or Section 20
30 of the Illinois Parentage Act of 1984), or (v) from engaging
31 in conduct that would not cause a reasonable person mental or
32 physical illness. For purposes of this subsection, "obligor"
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1 means an individual who owes a duty to make periodic
2 payments, under a court order, for the support of a child.
3 "Arrearage" means the total amount of an obligor's unpaid
4 child support obligations.
5 (b) The Department shall adopt rules necessary to
6 administer and enforce the provisions of this Section.
7 (Source: P.A. 90-673, eff. 1-1-99.)
8 Section 930. The Illinois Public Aid Code is amended by
9 changing Sections 10-3.1, 10-17, 10-19, 10-25, 10-25.5, and
10 12-4.7c as follows:
11 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
12 Sec. 10-3.1. Child and Spouse Support Unit. The
13 Illinois Department shall establish within its administrative
14 staff a Child and Spouse Support Unit to search for and
15 locate absent parents and spouses liable for the support of
16 persons resident in this State and to exercise the support
17 enforcement powers and responsibilities assigned the
18 Department by this Article. The unit shall cooperate with
19 all law enforcement officials in this State and with the
20 authorities of other States in locating persons responsible
21 for the support of persons resident in other States and shall
22 invite the cooperation of these authorities in the
23 performance of its duties.
24 In addition to other duties assigned the Child and Spouse
25 Support Unit by this Article, the Unit may refer to the
26 Attorney General or units of local government with the
27 approval of the Attorney General, any actions under Sections
28 10-10 and 10-15 for judicial enforcement of the support
29 liability. The Child and Spouse Support Unit shall act for
30 the Department in referring to the Attorney General support
31 matters requiring judicial enforcement under other laws. If
32 requested by the Attorney General to so act, as provided in
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1 Section 12-16, attorneys of the Unit may assist the Attorney
2 General or themselves institute actions in behalf of the
3 Illinois Department under the Revised Uniform Reciprocal
4 Enforcement of Support Act; under the Illinois Parentage Act
5 of 1984; under the Non-Support of Spouse and Children Act;
6 under the Non-Support Punishment Act; or under any other law,
7 State or Federal, providing for support of a spouse or
8 dependent child.
9 The Illinois Department shall also have the authority to
10 enter into agreements with local governmental units or
11 individuals, with the approval of the Attorney General, for
12 the collection of moneys owing because of the failure of a
13 parent to make child support payments for any child receiving
14 services under this Article. Such agreements may be on a
15 contingent fee basis, but such contingent fee shall not
16 exceed 25% of the total amount collected.
17 An attorney who provides representation pursuant to this
18 Section shall represent the Illinois Department exclusively.
19 Regardless of the designation of the plaintiff in an action
20 brought pursuant to this Section, an attorney-client
21 relationship does not exist for purposes of that action
22 between that attorney and (i) an applicant for or recipient
23 of child and spouse support services or (ii) any other party
24 to the action other than the Illinois Department. Nothing in
25 this Section shall be construed to modify any power or duty
26 (including a duty to maintain confidentiality) of the Child
27 and Spouse Support Unit or the Illinois Department otherwise
28 provided by law.
29 The Illinois Department may also enter into agreements
30 with local governmental units for the Child and Spouse
31 Support Unit to exercise the investigative and enforcement
32 powers designated in this Article, including the issuance of
33 administrative orders under Section 10-11, in locating
34 responsible relatives and obtaining support for persons
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1 applying for or receiving aid under Article VI. Payments for
2 defrayment of administrative costs and support payments
3 obtained shall be deposited into the Public Assistance
4 Recoveries Trust Fund. Support payments shall be paid over
5 to the General Assistance Fund of the local governmental unit
6 at such time or times as the agreement may specify.
7 With respect to those cases in which it has support
8 enforcement powers and responsibilities under this Article,
9 the Illinois Department may provide by rule for periodic or
10 other review of each administrative and court order for
11 support to determine whether a modification of the order
12 should be sought. The Illinois Department shall provide for
13 and conduct such review in accordance with any applicable
14 federal law and regulation.
15 As part of its process for review of orders for support,
16 the Illinois Department, through written notice, may require
17 the responsible relative to disclose his or her Social
18 Security Number and past and present information concerning
19 the relative's address, employment, gross wages, deductions
20 from gross wages, net wages, bonuses, commissions, number of
21 dependent exemptions claimed, individual and dependent health
22 insurance coverage, and any other information necessary to
23 determine the relative's ability to provide support in a case
24 receiving child and spouse support services under this
25 Article X.
26 The Illinois Department may send a written request for
27 the same information to the relative's employer. The
28 employer shall respond to the request for information within
29 15 days after the date the employer receives the request. If
30 the employer willfully fails to fully respond within the
31 15-day period, the employer shall pay a penalty of $100 for
32 each day that the response is not provided to the Illinois
33 Department after the 15-day period has expired. The penalty
34 may be collected in a civil action which may be brought
-26- LRB9100065SMdvA
1 against the employer in favor of the Illinois Department.
2 A written request for information sent to an employer
3 pursuant to this Section shall consist of (i) a citation of
4 this Section as the statutory authority for the request and
5 for the employer's obligation to provide the requested
6 information, (ii) a returnable form setting forth the
7 employer's name and address and listing the name of the
8 employee with respect to whom information is requested, and
9 (iii) a citation of this Section as the statutory authority
10 authorizing the employer to withhold a fee of up to $20 from
11 the wages or income to be paid to each responsible relative
12 for providing the information to the Illinois Department
13 within the 15-day period. If the employer is withholding
14 support payments from the responsible relative's income
15 pursuant to an order for withholding, the employer may
16 withhold the fee provided for in this Section only after
17 withholding support as required under the order. Any amounts
18 withheld from the responsible relative's income for payment
19 of support and the fee provided for in this Section shall not
20 be in excess of the amounts permitted under the federal
21 Consumer Credit Protection Act.
22 In a case receiving child and spouse support services,
23 the Illinois Department may request and obtain information
24 from a particular employer under this Section no more than
25 once in any 12-month period, unless the information is
26 necessary to conduct a review of a court or administrative
27 order for support at the request of the person receiving
28 child and spouse support services.
29 The Illinois Department shall establish and maintain an
30 administrative unit to receive and transmit to the Child and
31 Spouse Support Unit information supplied by persons applying
32 for or receiving child and spouse support services under
33 Section 10-1. In addition, the Illinois Department shall
34 address and respond to any alleged deficiencies that persons
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1 receiving or applying for services from the Child and Spouse
2 Support Unit may identify concerning the Child and Spouse
3 Support Unit's provision of child and spouse support
4 services. Within 60 days after an action or failure to act by
5 the Child and Spouse Support Unit that affects his or her
6 case, a recipient of or applicant for child and spouse
7 support services under Article X of this Code may request an
8 explanation of the Unit's handling of the case. At the
9 requestor's option, the explanation may be provided either
10 orally in an interview, in writing, or both. If the Illinois
11 Department fails to respond to the request for an explanation
12 or fails to respond in a manner satisfactory to the applicant
13 or recipient within 30 days from the date of the request for
14 an explanation, the applicant or recipient may request a
15 conference for further review of the matter by the Office of
16 the Administrator of the Child and Spouse Support Unit. A
17 request for a conference may be submitted at any time within
18 60 days after the explanation has been provided by the Child
19 and Spouse Support Unit or within 60 days after the time for
20 providing the explanation has expired.
21 The applicant or recipient may request a conference
22 concerning any decision denying or terminating child or
23 spouse support services under Article X of this Code, and the
24 applicant or recipient may also request a conference
25 concerning the Unit's failure to provide services or the
26 provision of services in an amount or manner that is
27 considered inadequate. For purposes of this Section, the
28 Child and Spouse Support Unit includes all local governmental
29 units or individuals with whom the Illinois Department has
30 contracted under Section 10-3.1.
31 Upon receipt of a timely request for a conference, the
32 Office of the Administrator shall review the case. The
33 applicant or recipient requesting the conference shall be
34 entitled, at his or her option, to appear in person or to
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1 participate in the conference by telephone. The applicant or
2 recipient requesting the conference shall be entitled to be
3 represented and to be afforded a reasonable opportunity to
4 review the Illinois Department's file before or at the
5 conference. At the conference, the applicant or recipient
6 requesting the conference shall be afforded an opportunity to
7 present all relevant matters in support of his or her claim.
8 Conferences shall be without cost to the applicant or
9 recipient requesting the conference and shall be conducted by
10 a representative of the Child or Spouse Support Unit who did
11 not participate in the action or inaction being reviewed.
12 The Office of the Administrator shall conduct a
13 conference and inform all interested parties, in writing, of
14 the results of the conference within 60 days from the date of
15 filing of the request for a conference.
16 In addition to its other powers and responsibilities
17 established by this Article, the Child and Spouse Support
18 Unit shall conduct an annual assessment of each institution's
19 program for institution based paternity establishment under
20 Section 12 of the Vital Records Act.
21 (Source: P.A. 90-18, eff. 7-1-97.)
22 (305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
23 Sec. 10-17. Other Actions and Remedies for Support.) The
24 procedures, actions and remedies provided in this Article
25 shall in no way be exclusive, but shall be available in
26 addition to other actions and remedies of support, including,
27 but not by way of limitation, the remedies provided in (a)
28 the "Paternity Act", approved July 5, 1957, as amended; (b)
29 the "Non-Support of Spouse and Children Act", approved June
30 24, 1915, as amended; (b-5) the Non-Support Punishment Act;
31 and (c) the "Revised Uniform Reciprocal Enforcement of
32 Support Act", approved August 28, 1969, as amended.
33 (Source: P.A. 79-474.)
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1 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
2 Sec. 10-19. (Support Payments Ordered Under Other Laws -
3 Where Deposited.) The Illinois Department and local
4 governmental units are authorized to receive payments
5 directed by court order for the support of recipients, as
6 provided in the following Acts:
7 1. "Non-Support of Spouse and Children Act", approved
8 June 24, 1915, as amended,
9 1.5. The Non-Support Punishment Act,
10 2. "Illinois Marriage and Dissolution of Marriage Act",
11 as now or hereafter amended,
12 3. The Illinois Parentage Act, as amended,
13 4. "Revised Uniform Reciprocal Enforcement of Support
14 Act", approved August 28, 1969, as amended,
15 5. The Juvenile Court Act or the Juvenile Court Act of
16 1987, as amended,
17 6. The "Unified Code of Corrections", approved July 26,
18 1972, as amended,
19 7. Part 7 of Article XII of the Code of Civil Procedure,
20 as amended,
21 8. Part 8 of Article XII of the Code of Civil Procedure,
22 as amended, and
23 9. Other laws which may provide by judicial order for
24 direct payment of support moneys.
25 Payments under this Section to the Illinois Department
26 pursuant to the Child Support Enforcement Program established
27 by Title IV-D of the Social Security Act shall be paid into
28 the Child Support Enforcement Trust Fund. All other payments
29 under this Section to the Illinois Department shall be
30 deposited in the Public Assistance Recoveries Trust Fund.
31 Disbursements from these funds shall be as provided in
32 Sections 12-9 and 12-10.2 of this Code. Payments received by
33 a local governmental unit shall be deposited in that unit's
34 General Assistance Fund.
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1 (Source: P.A. 86-1028.)
2 (305 ILCS 5/10-25)
3 Sec. 10-25. Administrative liens and levies on real
4 property for past-due child support.
5 (a) The State shall have a lien on all legal and
6 equitable interests of responsible relatives in their real
7 property in the amount of past-due child support owing
8 pursuant to an order for child support entered under Sections
9 10-10 and 10-11 of this Code, or under the Illinois Marriage
10 and Dissolution of Marriage Act, the Non-Support of Spouse
11 and Children Act, the Non-Support Punishment Act, the Uniform
12 Interstate Family Support Act, or the Illinois Parentage Act
13 of 1984.
14 (b) The Illinois Department shall provide by rule for
15 notice to and an opportunity to be heard by each responsible
16 relative affected, and any final administrative decision
17 rendered by the Illinois Department shall be reviewed only
18 under and in accordance with the Administrative Review Law.
19 (c) When enforcing a lien under subsection (a) of this
20 Section, the Illinois Department shall have the authority to
21 execute notices of administrative liens and levies, which
22 shall contain the name and address of the responsible
23 relative, a legal description of the real property to be
24 levied, the fact that a lien is being claimed for past-due
25 child support, and such other information as the Illinois
26 Department may by rule prescribe. The Illinois Department
27 shall record the notice of lien with the recorder or
28 registrar of titles of the county or counties in which the
29 real estate is located.
30 (d) The State's lien under subsection (a) shall be
31 enforceable upon the recording or filing of a notice of lien
32 with the recorder or registrar of titles of the county or
33 counties in which the real estate is located. The lien shall
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1 be prior to any lien thereafter recorded or filed and shall
2 be notice to a subsequent purchaser, assignor, or
3 encumbrancer of the existence and nature of the lien. The
4 lien shall be inferior to the lien of general taxes, special
5 assessment, and special taxes heretofore or hereafter levied
6 by any political subdivision or municipal corporation of the
7 State.
8 In the event that title to the land to be affected by the
9 notice of lien is registered under the Registered Titles
10 (Torrens) Act, the notice shall be filed in the office of the
11 registrar of titles as a memorial or charge upon each folium
12 of the register of titles affected by the notice; but the
13 State shall not have a preference over the rights of any bona
14 fide purchaser, mortgagee, judgment creditor, or other lien
15 holders registered prior to the registration of the notice.
16 (e) The recorder or registrar of titles of each county
17 shall procure a file labeled "Child Support Lien Notices" and
18 an index book labeled "Child Support Lien Notices". When
19 notice of any lien is presented to the recorder or registrar
20 of titles for filing, the recorder or registrar of titles
21 shall file it in numerical order in the file and shall enter
22 it alphabetically in the index. The entry shall show the
23 name and last known address of the person named in the
24 notice, the serial number of the notice, the date and hour of
25 filing, and the amount of child support due at the time when
26 the lien is filed.
27 (f) The Illinois Department shall not be required to
28 furnish bond or make a deposit for or pay any costs or fees
29 of any court or officer thereof in any legal proceeding
30 involving the lien.
31 (g) To protect the lien of the State for past-due child
32 support, the Illinois Department may, from funds that are
33 available for that purpose, pay or provide for the payment of
34 necessary or essential repairs, purchase tax certificates,
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1 pay balances due on land contracts, or pay or cause to be
2 satisfied any prior liens on the property to which the lien
3 hereunder applies.
4 (h) A lien on real property under this Section shall be
5 released pursuant to Section 12-101 of the Code of Civil
6 Procedure.
7 (i) The Illinois Department, acting in behalf of the
8 State, may foreclose the lien in a judicial proceeding to the
9 same extent and in the same manner as in the enforcement of
10 other liens. The process, practice, and procedure for the
11 foreclosure shall be the same as provided in the Code of
12 Civil Procedure.
13 (Source: P.A. 90-18, eff. 7-1-97.)
14 (305 ILCS 5/10-25.5)
15 Sec. 10-25.5. Administrative liens and levies on
16 personal property for past-due child support.
17 (a) The State shall have a lien on all legal and
18 equitable interests of responsible relatives in their
19 personal property, including any account in a financial
20 institution as defined in Section 10-24, or in the case of an
21 insurance company or benefit association only in accounts as
22 defined in Section 10-24, in the amount of past-due child
23 support owing pursuant to an order for child support entered
24 under Sections 10-10 and 10-11 of this Code, or under the
25 Illinois Marriage and Dissolution of Marriage Act, the
26 Non-Support of Spouse and Children Act, the Non-Support
27 Punishment Act, the Uniform Interstate Family Support Act, or
28 the Illinois Parentage Act of 1984.
29 (b) The Illinois Department shall provide by rule for
30 notice to and an opportunity to be heard by each responsible
31 relative affected, and any final administrative decision
32 rendered by the Illinois Department shall be reviewed only
33 under and in accordance with the Administrative Review Law.
-33- LRB9100065SMdvA
1 (c) When enforcing a lien under subsection (a) of this
2 Section, the Illinois Department shall have the authority to
3 execute notices of administrative liens and levies, which
4 shall contain the name and address of the responsible
5 relative, a description of the property to be levied, the
6 fact that a lien is being claimed for past-due child support,
7 and such other information as the Illinois Department may by
8 rule prescribe. The Illinois Department may serve the notice
9 of lien or levy upon any financial institution where the
10 accounts as defined in Section 10-24 of the responsible
11 relative may be held, for encumbrance or surrender of the
12 accounts as defined in Section 10-24 by the financial
13 institution.
14 (d) The Illinois Department shall enforce its lien
15 against the responsible relative's personal property, other
16 than accounts as defined in Section 10-24 in financial
17 institutions, and levy upon such personal property in the
18 manner provided for enforcement of judgments contained in
19 Article XII of the Code of Civil Procedure.
20 (e) The Illinois Department shall not be required to
21 furnish bond or make a deposit for or pay any costs or fees
22 of any court or officer thereof in any legal proceeding
23 involving the lien.
24 (f) To protect the lien of the State for past-due child
25 support, the Illinois Department may, from funds that are
26 available for that purpose, pay or provide for the payment of
27 necessary or essential repairs, purchase tax certificates, or
28 pay or cause to be satisfied any prior liens on the property
29 to which the lien hereunder applies.
30 (g) A lien on personal property under this Section shall
31 be released in the manner provided under Article XII of the
32 Code of Civil Procedure. Notwithstanding the foregoing, a
33 lien under this Section on accounts as defined in Section
34 10-24 shall expire upon the passage of 120 days from the date
-34- LRB9100065SMdvA
1 of issuance of the Notice of Lien or Levy by the Illinois
2 Department. However, the lien shall remain in effect during
3 the pendency of any appeal or protest.
4 (h) A lien created under this Section is subordinate to
5 any prior lien of the financial institution or any prior lien
6 holder or any prior right of set-off that the financial
7 institution may have against the assets, or in the case of an
8 insurance company or benefit association only in the accounts
9 as defined in Section 10-24.
10 (i) A financial institution has no obligation under this
11 Section to hold, encumber, or surrender the assets, or in the
12 case of an insurance company or benefit association only the
13 accounts as defined in Section 10-24, until the financial
14 institution has been properly served with a subpoena,
15 summons, warrant, court or administrative order, or
16 administrative lien and levy requiring that action.
17 (Source: P.A. 90-18, eff. 7-1-97.)
18 (305 ILCS 5/12-4.7c)
19 Sec. 12-4.7c. Exchange of information after July 1, 1997.
20 (a) The Department of Human Services shall exchange with
21 the Illinois Department of Public Aid information that may be
22 necessary for the enforcement of child support orders entered
23 pursuant to Sections 10-10 and 10-11 of this Code or pursuant
24 to the Illinois Marriage and Dissolution of Marriage Act, the
25 Non-Support of Spouse and Children Act, the Non-Support
26 Punishment Act, the Revised Uniform Reciprocal Enforcement of
27 Support Act, the Uniform Interstate Family Support Act, or
28 the Illinois Parentage Act of 1984.
29 (b) Notwithstanding any provisions in this Code to the
30 contrary, the Department of Human Services shall not be
31 liable to any person for any disclosure of information to the
32 Illinois Department of Public Aid under subsection (a) or for
33 any other action taken in good faith to comply with the
-35- LRB9100065SMdvA
1 requirements of subsection (a).
2 (Source: P.A. 90-18, eff. 7-1-97.)
3 Section 935. The Vital Records Act is amended by
4 changing Section 24 as follows:
5 (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
6 Sec. 24. (1) To protect the integrity of vital records,
7 to insure their proper use, and to insure the efficient and
8 proper administration of the vital records system, access to
9 vital records, and indexes thereof, including vital records
10 in the custody of local registrars and county clerks
11 originating prior to January 1, 1916, is limited to the
12 custodian and his employees, and then only for administrative
13 purposes, except that the indexes of those records in the
14 custody of local registrars and county clerks, originating
15 prior to January 1, 1916, shall be made available to persons
16 for the purpose of genealogical research. Original,
17 photographic or microphotographic reproductions of original
18 records of births 100 years old and older and deaths 50 years
19 old and older, and marriage records 75 years old and older on
20 file in the State Office of Vital Records and in the custody
21 of the county clerks may be made available for inspection in
22 the Illinois State Archives reference area, Illinois Regional
23 Archives Depositories, and other libraries approved by the
24 Illinois State Registrar and the Director of the Illinois
25 State Archives, provided that the photographic or
26 microphotographic copies are made at no cost to the county or
27 to the State of Illinois. It is unlawful for any custodian
28 to permit inspection of, or to disclose information contained
29 in, vital records, or to copy or permit to be copied, all or
30 part of any such record except as authorized by this Act or
31 regulations adopted pursuant thereto.
32 (2) The State Registrar of Vital Records, or his agent,
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1 and any municipal, county, multi-county, public health
2 district, or regional health officer recognized by the
3 Department may examine vital records for the purpose only of
4 carrying out the public health programs and responsibilities
5 under his jurisdiction.
6 (3) The State Registrar of Vital Records, may disclose,
7 or authorize the disclosure of, data contained in the vital
8 records when deemed essential for bona fide research purposes
9 which are not for private gain.
10 This amendatory Act of 1973 does not apply to any home
11 rule unit.
12 (4) The State Registrar shall exchange with the Illinois
13 Department of Public Aid information that may be necessary
14 for the establishment of paternity and the establishment,
15 modification, and enforcement of child support orders entered
16 pursuant to the Illinois Public Aid Code, the Illinois
17 Marriage and Dissolution of Marriage Act, the Non-Support of
18 Spouse and Children Act, the Non-Support Punishment Act, the
19 Revised Uniform Reciprocal Enforcement of Support Act, the
20 Uniform Interstate Family Support Act, or the Illinois
21 Parentage Act of 1984. Notwithstanding any provisions in this
22 Act to the contrary, the State Registrar shall not be liable
23 to any person for any disclosure of information to the
24 Illinois Department of Public Aid under this subsection or
25 for any other action taken in good faith to comply with the
26 requirements of this subsection.
27 (Source: P.A. 90-18, eff. 7-1-97.)
28 Section 940. The Illinois Vehicle Code is amended by
29 changing Section 2-109.1 as follows:
30 (625 ILCS 5/2-109.1)
31 Sec. 2-109.1. Exchange of information.
32 (a) The Secretary of State shall exchange information
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1 with the Illinois Department of Public Aid which may be
2 necessary for the establishment of paternity and the
3 establishment, modification, and enforcement of child support
4 orders pursuant to the Illinois Public Aid Code, the Illinois
5 Marriage and Dissolution of Marriage Act, the Non-Support of
6 Spouse and Children Act, the Non-Support Punishment Act, the
7 Revised Uniform Reciprocal Enforcement of Support Act, the
8 Uniform Interstate Family Support Act, or the Illinois
9 Parentage Act of 1984.
10 (b) Notwithstanding any provisions in this Code to the
11 contrary, the Secretary of State shall not be liable to any
12 person for any disclosure of information to the Illinois
13 Department of Public Aid under subsection (a) or for any
14 other action taken in good faith to comply with the
15 requirements of subsection (a).
16 (Source: P.A. 90-18, eff. 7-1-97.)
17 Section 945. The Unified Code of Corrections is amended
18 by changing Section 3-5-4 as follows:
19 (730 ILCS 5/3-5-4)
20 Sec. 3-5-4. Exchange of information for child support
21 enforcement.
22 (a) The Department shall exchange with the Illinois
23 Department of Public Aid information that may be necessary
24 for the enforcement of child support orders entered pursuant
25 to the Illinois Public Aid Code, the Illinois Marriage and
26 Dissolution of Marriage Act, the Non-Support of Spouse and
27 Children Act, the Non-Support Punishment Act, the Revised
28 Uniform Reciprocal Enforcement of Support Act, the Uniform
29 Interstate Family Support Act, or the Illinois Parentage Act
30 of 1984.
31 (b) Notwithstanding any provisions in this Code to the
32 contrary, the Department shall not be liable to any person
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1 for any disclosure of information to the Illinois Department
2 of Public Aid under subsection (a) or for any other action
3 taken in good faith to comply with the requirements of
4 subsection (a).
5 (Source: P.A. 90-18, eff. 1-1-97.)
6 Section 950. The Code of Civil Procedure is amended by
7 changing Sections 2-1403 and 12-819 as follows:
8 (735 ILCS 5/2-1403) (from Ch. 110, par. 2-1403)
9 Sec. 2-1403. Judgment debtor as beneficiary of trust. No
10 court, except as otherwise provided in this Section, shall
11 order the satisfaction of a judgment out of any property held
12 in trust for the judgment debtor if such trust has, in good
13 faith, been created by, or the fund so held in trust has
14 proceeded from, a person other than the judgment debtor.
15 The income or principal of a trust shall be subject to
16 withholding for the purpose of securing collection of unpaid
17 child support obligations owed by the beneficiary as provided
18 in Section 4.1 of the "Non-Support of Spouse and Children
19 Act", Section 22 of the Non-Support Punishment Act, and
20 similar Sections of other Acts which provide for support of a
21 child as follows:
22 (1) income may be withheld if the beneficiary is
23 entitled to a specified dollar amount or percentage of the
24 income of the trust, or is the sole income beneficiary; and
25 (2) principal may be withheld if the beneficiary has a
26 right to withdraw principal, but not in excess of the amount
27 subject to withdrawal under the instrument, or if the
28 beneficiary is the only beneficiary to whom discretionary
29 payments of principal may be made by the trustee.
30 (Source: P.A. 85-1209.)
31 (735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
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1 Sec. 12-819. Limitations on part 8 of Article XII. The
2 provisions of this Part 8 of Article XII of this Act do not
3 apply to orders for withholding of income entered by the
4 court under provisions of The Illinois Public Aid Code, the
5 Illinois Marriage and Dissolution of Marriage Act, the
6 Non-Support of Spouse and Children Act, the Non-Support
7 Punishment Act, the Revised Uniform Reciprocal Enforcement of
8 Support Act and the Paternity Act for support of a child or
9 maintenance of a spouse.
10 (Source: P.A. 84-1043.)
11 Section 955. The Illinois Wage Assignment Act is amended
12 by changing Section 11 as follows:
13 (740 ILCS 170/11) (from Ch. 48, par. 39.12)
14 Sec. 11. The provisions of this Act do not apply to
15 orders for withholding of income entered by the court under
16 provisions of The Illinois Public Aid Code, the Illinois
17 Marriage and Dissolution of Marriage Act, the Non-Support of
18 Spouse and Children Act, the Non-Support Punishment Act, the
19 Revised Uniform Reciprocal Enforcement of Support Act and the
20 Paternity Act for support of a child or maintenance of a
21 spouse.
22 (Source: P.A. 83-658.)
23 Section 960. The Illinois Marriage and Dissolution of
24 Marriage Act is amended by changing Section 713 as follows:
25 (750 ILCS 5/713) (from Ch. 40, par. 713)
26 Sec. 713. Attachment of the Body. As used in this
27 Section, "obligor" has the same meaning ascribed to such term
28 in the Income Withholding for Support Act.
29 (a) In any proceeding to enforce an order for support,
30 where the obligor has failed to appear in court pursuant to
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1 order of court and after due notice thereof, the court may
2 enter an order for the attachment of the body of the obligor.
3 Notices under this Section shall be served upon the obligor
4 either (1) by prepaid certified mail with delivery restricted
5 to the obligor, or (2) by personal service on the obligor.
6 The attachment order shall fix an amount of escrow which is
7 equal to a minimum of 20% of the total child support
8 arrearage alleged by the obligee in sworn testimony to be due
9 and owing. The attachment order shall direct the Sheriff of
10 any county in Illinois to take the obligor into custody and
11 shall set the number of days following release from custody
12 for a hearing to be held at which the obligor must appear, if
13 he is released under subsection (c) of this Section.
14 (b) If the obligor is taken into custody, the Sheriff
15 shall take the obligor before the court which entered the
16 attachment order. However, the Sheriff may release the
17 person after he or she has deposited the amount of escrow
18 ordered by the court pursuant to local procedures for the
19 posting of bond. The Sheriff shall advise the obligor of the
20 hearing date at which the obligor is required to appear.
21 (c) Any escrow deposited pursuant to this Section shall
22 be transmitted to the Clerk of the Circuit Court for the
23 county in which the order for attachment of the body of the
24 obligor was entered. Any Clerk who receives money deposited
25 into escrow pursuant to this Section shall notify the
26 obligee, public office or legal counsel whose name appears on
27 the attachment order of the court date at which the obligor
28 is required to appear and the amount deposited into escrow.
29 The Clerk shall disburse such money to the obligee only under
30 an order from the court that entered the attachment order
31 pursuant to this Section.
32 (d) Whenever an obligor is taken before the court by the
33 Sheriff, or appears in court after the court has ordered the
34 attachment of his body, the court shall:
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1 (1) hold a hearing on the complaint or petition
2 that gave rise to the attachment order. For purposes of
3 determining arrearages that are due and owing by the
4 obligor, the court shall accept the previous sworn
5 testimony of the obligee as true and the appearance of
6 the obligee shall not be required. The court shall
7 require sworn testimony of the obligor as to his or her
8 Social Security number, income, employment, bank
9 accounts, property and any other assets. If there is a
10 dispute as to the total amount of arrearages, the court
11 shall proceed as in any other case as to the undisputed
12 amounts; and
13 (2) order the Clerk of the Circuit Court to
14 disburse to the obligee or public office money held in
15 escrow pursuant to this Section if the court finds that
16 the amount of arrearages exceeds the amount of the
17 escrow. Amounts received by the obligee or public office
18 shall be deducted from the amount of the arrearages.
19 (e) If the obligor fails to appear in court after being
20 notified of the court date by the Sheriff upon release from
21 custody, the court shall order any monies deposited into
22 escrow to be immediately released to the obligee or public
23 office and shall proceed under subsection (a) of this Section
24 by entering another order for the attachment of the body of
25 the obligor.
26 (f) This Section shall apply to any order for support
27 issued under the "Illinois Marriage and Dissolution of
28 Marriage Act", approved September 22, 1977, as amended; the
29 "Illinois Parentage Act of 1984", effective July 1, 1985, as
30 amended; the "Revised Uniform Reciprocal Enforcement of
31 Support Act", approved August 28, 1969, as amended; "The
32 Illinois Public Aid Code", approved April 11, 1967, as
33 amended; the Non-Support Punishment Act; and the "Non-support
34 of Spouse and Children Act", approved June 8, 1953, as
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1 amended.
2 (g) Any escrow established pursuant to this Section for
3 the purpose of providing support shall not be subject to fees
4 collected by the Clerk of the Circuit Court for any other
5 escrow.
6 (Source: P.A. 90-673, eff. 1-1-99.)
7 Section 965. The Uniform Interstate Family Support Act
8 is amended by changing Section 101 as follows:
9 (750 ILCS 22/101)
10 Sec. 101. Definitions. In this Act:
11 "Child" means an individual, whether over or under the
12 age of 18, who is or is alleged to be owed a duty of support
13 by the individual's parent or who is or is alleged to be the
14 beneficiary of a support order directed to the parent.
15 "Child-support order" means a support order for a child,
16 including a child who has attained the age of 18.
17 "Duty of support" means an obligation imposed or
18 imposable by law to provide support for a child, spouse, or
19 former spouse including an unsatisfied obligation to provide
20 support.
21 "Home state" means the state in which a child lived with
22 a parent or a person acting as parent for at least 6
23 consecutive months immediately preceding the time of filing
24 of a petition or comparable pleading for support, and if a
25 child is less than 6 months old, the state in which the child
26 lived from birth with any of them. A period of temporary
27 absence of any of them is counted as part of the 6-month or
28 other period.
29 "Income" includes earnings or other periodic entitlements
30 to money from any source and any other property subject to
31 withholding for support under the law of this State.
32 "Income-withholding order" means an order or other legal
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1 process directed to an obligor's employer or other debtor, as
2 defined by the Illinois Marriage and Dissolution of Marriage
3 Act, the Non-Support of Spouse and Children Act, the
4 Non-Support Punishment Act, the Illinois Public Aid Code, and
5 the Illinois Parentage Act of 1984, to withhold support from
6 the income of the obligor.
7 "Initiating state" means a state from which a proceeding
8 is forwarded or in which a proceeding is filed for forwarding
9 to a responding state under this Act or a law or procedure
10 substantially similar to this Act.
11 "Initiating tribunal" means the authorized tribunal in an
12 initiating state.
13 "Issuing state" means the state in which a tribunal
14 issues a support order or renders a judgment determining
15 parentage.
16 "Issuing tribunal" means the tribunal that issues a
17 support order or renders a judgment determining parentage.
18 "Obligee" means:
19 (i) an individual to whom a duty of support is or
20 is alleged to be owed or in whose favor a support order
21 has been issued or a judgment determining parentage has
22 been rendered;
23 (ii) a state or political subdivision to which the
24 rights under a duty of support or support order have been
25 assigned or which has independent claims based on
26 financial assistance provided to an individual obligee;
27 or
28 (iii) an individual seeking a judgment determining
29 parentage of the individual's child.
30 "Obligor" means an individual, or the estate of a
31 decedent: (i) who owes or is alleged to owe a duty of
32 support; (ii) who is alleged but has not been adjudicated to
33 be a parent of a child; or (iii) who is liable under a
34 support order.
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1 "Register" means to record a support order or judgment
2 determining parentage in the appropriate Registry of Foreign
3 Support Orders.
4 "Registering tribunal" means a tribunal in which a
5 support order is registered.
6 "Responding state" means a state in which a proceeding is
7 filed or to which a proceeding is forwarded for filing from
8 an initiating state under this Act or a law or procedure
9 substantially similar to this Act.
10 "Responding tribunal" means the authorized tribunal in a
11 responding state.
12 "Spousal-support order" means a support order for a
13 spouse or former spouse of the obligor.
14 "State" means a state of the United States, the District
15 of Columbia, Puerto Rico, the United States Virgin Islands,
16 or any territory or insular possession subject to the
17 jurisdiction of the United States. The term includes:
18 (i) an Indian tribe; and
19 (ii) a foreign jurisdiction that has enacted a law
20 or established procedures for issuance and enforcement of
21 support orders which are substantially similar to the
22 procedures under this Act, the Uniform Reciprocal
23 Enforcement of Support Act, or the Revised Uniform
24 Reciprocal Enforcement of Support Act.
25 "Support enforcement agency" means a public official or
26 agency authorized to seek:
27 (1) enforcement of support orders or laws relating to
28 the duty of support;
29 (2) establishment or modification of child support;
30 (3) determination of parentage; or
31 (4) to locate obligors or their assets.
32 "Support order" means a judgment, decree, or order,
33 whether temporary, final, or subject to modification, for the
34 benefit of a child, a spouse, or a former spouse, which
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1 provides for monetary support, health care, arrearages, or
2 reimbursement, and may include related costs and fees,
3 interest, income withholding, attorney's fees, and other
4 relief.
5 "Tribunal" means a court, administrative agency, or
6 quasi-judicial entity authorized to establish, enforce, or
7 modify support orders or to determine parentage.
8 (Source: P.A. 90-240, eff. 7-28-97.)
9 Section 970. The Illinois Parentage Act of 1984 is
10 amended by changing Section 6 as follows:
11 (750 ILCS 45/6) (from Ch. 40, par. 2506)
12 Sec. 6. Establishment of Parent and Child Relationship
13 by Consent of the Parties.
14 (a) A parent and child relationship may be established
15 voluntarily by the signing and witnessing of a voluntary
16 acknowledgment of parentage in accordance with Section 12 of
17 the Vital Records Act or Section 10-17.7 of the Illinois
18 Public Aid Code. The voluntary acknowledgment of parentage
19 shall contain the social security numbers of the persons
20 signing the voluntary acknowledgment of parentage; however,
21 failure to include the social security numbers of the persons
22 signing a voluntary acknowledgment of parentage does not
23 invalidate the voluntary acknowledgment of parentage.
24 (b) Notwithstanding any other provisions of this Act,
25 paternity established in accordance with subsection (a) has
26 the full force and effect of a judgment entered under this
27 Act and serves as a basis for seeking a child support order
28 without any further proceedings to establish paternity.
29 (c) A judicial or administrative proceeding to ratify
30 paternity established in accordance with subsection (a) is
31 neither required nor permitted.
32 (d) A signed acknowledgment of paternity entered under
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1 this Act may be challenged in court only on the basis of
2 fraud, duress, or material mistake of fact, with the burden
3 of proof upon the challenging party. Pending outcome of the
4 challenge to the acknowledgment of paternity, the legal
5 responsibilities of the signatories shall remain in full
6 force and effect, except upon order of the court upon a
7 showing of good cause.
8 (e) Once a parent and child relationship is established
9 in accordance with subsection (a), an order for support may
10 be established pursuant to a petition to establish an order
11 for support by consent filed with the clerk of the circuit
12 court. A copy of the properly completed acknowledgment of
13 parentage form shall be attached to the petition. The
14 petition shall ask that the circuit court enter an order for
15 support. The petition may ask that an order for visitation,
16 custody, or guardianship be entered. The filing and
17 appearance fees provided under the Clerks of Courts Act shall
18 be waived for all cases in which an acknowledgment of
19 parentage form has been properly completed by the parties and
20 in which a petition to establish an order for support by
21 consent has been filed with the clerk of the circuit court.
22 This subsection shall not be construed to prohibit filing any
23 petition for child support, visitation, or custody under this
24 Act, the Illinois Marriage and Dissolution of Marriage Act,
25 or the Non-Support Punishment of Spouse and Children Act.
26 This subsection shall also not be construed to prevent the
27 establishment of an administrative support order in cases
28 involving persons receiving child support enforcement
29 services under Article X of the Illinois Public Aid Code.
30 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
31 Section 975. The Business Corporation Act of 1983 is
32 amended by changing Section 1.25 as follows:
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1 (805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
2 Sec. 1.25. List of corporations; exchange of
3 information.
4 (a) The Secretary of State shall publish each year a
5 list of corporations filing an annual report for the
6 preceding year in accordance with the provisions of this Act,
7 which report shall state the name of the corporation and the
8 respective names and addresses of the president, secretary,
9 and registered agent thereof and the address of the
10 registered office in this State of each such corporation. The
11 Secretary of State shall furnish without charge a copy of
12 such report to each recorder of this State, and to each
13 member of the General Assembly and to each State agency or
14 department requesting the same. The Secretary of State shall,
15 upon receipt of a written request and a fee as determined by
16 the Secretary, furnish such report to anyone else.
17 (b) (1) The Secretary of State shall publish daily a
18 list of all newly formed corporations, business and not for
19 profit, chartered by him on that day issued after receipt of
20 the application. The daily list shall contain the same
21 information as to each corporation as is provided for the
22 corporation list published under subsection (a) of this
23 Section. The daily list may be obtained at the Secretary's
24 office by any person, newspaper, State department or agency,
25 or local government for a reasonable charge to be determined
26 by the Secretary. Inspection of the daily list may be made
27 at the Secretary's office during normal business hours
28 without charge by any person, newspaper, State department or
29 agency, or local government.
30 (2) The Secretary shall compile the daily list mentioned
31 in paragraph (1) of subsection (b) of this Section monthly,
32 or more often at the Secretary's discretion. The compilation
33 shall be immediately mailed free of charge to all local
34 governments requesting in writing receipt of such
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1 publication, or shall be automatically mailed by the
2 Secretary without charge to local governments as determined
3 by the Secretary. The Secretary shall mail a copy of the
4 compilations free of charge to all State departments or
5 agencies making a written request. A request for a
6 compilation of the daily list once made by a local government
7 or State department or agency need not be renewed. However,
8 the Secretary may request from time to time whether the local
9 governments or State departments or agencies desire to
10 continue receiving the compilation.
11 (3) The compilations of the daily list mentioned in
12 paragraph (2) of subsection (b) of this Section shall be
13 mailed to newspapers, or any other person not included as a
14 recipient in paragraph (2) of subsection (b) of this Section,
15 upon receipt of a written application signed by the applicant
16 and accompanied by the payment of a fee as determined by the
17 Secretary.
18 (c) If a domestic or foreign corporation has filed with
19 the Secretary of State an annual report for the preceding
20 year or has been newly formed or is otherwise and in any
21 manner registered with the Secretary of State, the Secretary
22 of State shall exchange with the Illinois Department of
23 Public Aid any information concerning that corporation that
24 may be necessary for the enforcement of child support orders
25 entered pursuant to the Illinois Public Aid Code, the
26 Illinois Marriage and Dissolution of Marriage Act, the
27 Non-Support of Spouse and Children Act, the Non-Support
28 Punishment Act, the Revised Uniform Reciprocal Enforcement of
29 Support Act, the Uniform Interstate Family Support Act, or
30 the Illinois Parentage Act of 1984.
31 Notwithstanding any provisions in this Act to the
32 contrary, the Secretary of State shall not be liable to any
33 person for any disclosure of information to the Illinois
34 Department of Public Aid under this subsection or for any
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1 other action taken in good faith to comply with the
2 requirements of this subsection.
3 (Source: P.A. 90-18, eff. 7-1-97.)
4 Section 980. The Limited Liability Company Act is
5 amended by changing Section 50-5 as follows:
6 (805 ILCS 180/50-5)
7 Sec. 50-5. List of limited liability companies; exchange
8 of information.
9 (a) The Secretary of State may publish a list or lists
10 of limited liability companies and foreign limited liability
11 companies, as often, in the format, and for the fees as the
12 Secretary of State may in his or her discretion provide by
13 rule. The Secretary of State may disseminate information
14 concerning limited liability companies and foreign limited
15 liability companies by computer network in the format and for
16 the fees as may be determined by rule.
17 (b) Upon written request, any list published under
18 subsection (a) shall be free to each member of the General
19 Assembly, to each State agency or department, and to each
20 recorder in this State. An appropriate fee established by
21 rule to cover the cost of producing the list shall be charged
22 to all others.
23 (c) If a domestic or foreign limited liability company
24 has filed with the Secretary of State an annual report for
25 the preceding year or has been newly formed or is otherwise
26 and in any manner registered with the Secretary of State, the
27 Secretary of State shall exchange with the Illinois
28 Department of Public Aid any information concerning that
29 limited liability company that may be necessary for the
30 enforcement of child support orders entered pursuant to the
31 Illinois Public Aid Code, the Illinois Marriage and
32 Dissolution of Marriage Act, the Non-Support of Spouse and
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1 Children Act, the Non-Support Punishment Act, the Revised
2 Uniform Reciprocal Enforcement of Support Act, the Uniform
3 Interstate Family Support Act, or the Illinois Parentage Act
4 of 1984.
5 Notwithstanding any provisions in this Act to the
6 contrary, the Secretary of State shall not be liable to any
7 person for any disclosure of information to the Illinois
8 Department of Public Aid under this subsection or for any
9 other action taken in good faith to comply with the
10 requirements of this subsection.
11 (Source: P.A. 90-18, eff. 7-1-97.)
12 (750 ILCS 15/Act rep.)
13 Section 990. Repealer. The Non-Support of Spouse and
14 Children Act is repealed.
15 Section 995. Certain actions to be determined under
16 prior law. An action that was commenced under the Non-Support
17 of Spouse and Children Act and is pending on the effective
18 date of this Act shall be decided in accordance with the
19 Non-Support of Spouse and Children Act as it existed
20 immediately before its repeal by this Act.
21 Section 999. Effective date. This Act takes effect on
22 October 1, 1999.
-51- LRB9100065SMdvA
1 INDEX
2 Statutes amended in order of appearance
3 New Act
4 20 ILCS 1005/43a.14
5 20 ILCS 2105/60 from Ch. 127, par. 60
6 20 ILCS 2505/39b12 from Ch. 127, par. 39b12
7 55 ILCS 5/3-5036.5
8 225 ILCS 425/2.04 from Ch. 111, par. 2005.1
9 305 ILCS 5/10-3.1 from Ch. 23, par. 10-3.1
10 305 ILCS 5/10-17 from Ch. 23, par. 10-17
11 305 ILCS 5/10-19 from Ch. 23, par. 10-19
12 305 ILCS 5/10-25
13 305 ILCS 5/10-25.5
14 305 ILCS 5/12-4.7c
15 410 ILCS 535/24 from Ch. 111 1/2, par. 73-24
16 625 ILCS 5/2-109.1
17 730 ILCS 5/3-5-4
18 735 ILCS 5/2-1403 from Ch. 110, par. 2-1403
19 735 ILCS 5/12-819 from Ch. 110, par. 12-819
20 740 ILCS 170/11 from Ch. 48, par. 39.12
21 750 ILCS 5/713 from Ch. 40, par. 713
22 750 ILCS 22/101
23 750 ILCS 45/6 from Ch. 40, par. 2506
24 805 ILCS 5/1.25 from Ch. 32, par. 1.25
25 805 ILCS 180/50-5
26 750 ILCS 15/Act rep.