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91_SB0019ccr001 SRS91SB0019JJchccr4 1 91ST GENERAL ASSEMBLY 2 CONFERENCE COMMITTEE REPORT 3 ON SENATE BILL 19 4 ------------------------------------------------------------- 5 ------------------------------------------------------------- 6 To the President of the Senate and the Speaker of the 7 House of Representatives: 8 We, the conference committee appointed to consider the 9 differences between the houses in relation to House 10 Amendments Nos. 1, 2, and 3 to Senate Bill 19, recommend the 11 following: 12 (1) that the House recede from House Amendments Nos. 1, 13 2, and 3; and 14 (2) that Senate Bill 19 be amended by replacing the 15 title with the following: 16 "AN ACT regarding child support enforcement."; and 17 by replacing everything after the enacting clause with the 18 following: 19 "Section 1. Short title. This Act may be cited as the 20 Non-Support Punishment Act. 21 Section 5. Prosecutions by State's Attorneys. A 22 proceeding for enforcement of this Act may be instituted and 23 prosecuted by the several State's Attorneys only upon the 24 filing of a verified complaint by the person or persons 25 receiving child or spousal support. 26 Section 7. Prosecutions by Attorney General. In 27 addition to enforcement proceedings by the several State's 28 Attorneys, a proceeding for the enforcement of this Act may 29 be instituted and prosecuted by the Attorney General in 30 cases referred by the Illinois Department of Public Aid 31 involving persons receiving child and spouse support services -2- SRS91SB0019JJchccr4 1 under Article X of the Illinois Public Aid Code. Before 2 referring a case to the Attorney General for enforcement 3 under this Act, the Department of Public Aid shall notify the 4 person receiving child and spouse support services under 5 Article X of the Illinois Public Aid Code of the Department's 6 intent to refer the case to the Attorney General under this 7 Section for prosecution. 8 Section 10. Proceedings. Proceedings under this Act may 9 be by indictment or information. No proceeding may be brought 10 under Section 15 against a person whose court or 11 administrative order for support was entered by default, 12 unless the indictment or information specifically alleges 13 that the person has knowledge of the existence of the order 14 for support and that the person has the ability to pay the 15 support. 16 Section 15. Failure to support. 17 (a) A person commits the offense of failure to support 18 when he or she: 19 (1) willfully, without any lawful excuse, refuses 20 to provide for the support or maintenance of his or her 21 spouse, with the knowledge that the spouse is in need of 22 such support or maintenance, or, without lawful excuse, 23 deserts or willfully refuses to provide for the support 24 or maintenance of his or her child or children under the 25 age of 18 years, in need of support or maintenance and 26 the person has the ability to provide the support; or 27 (2) willfully fails to pay a support obligation 28 required under a court or administrative order for 29 support, if the obligation has remained unpaid for a 30 period longer than 6 months, or is in arrears in an 31 amount greater than $5,000, and the person has the 32 ability to provide the support; or 33 (3) leaves the State with the intent to evade a -3- SRS91SB0019JJchccr4 1 support obligation required under a court or 2 administrative order for support, if the obligation, 3 regardless of when it accrued, has remained unpaid for a 4 period longer than 6 months, or is in arrears in an 5 amount greater than $10,000; 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 $20,000, and the person has the 11 ability to provide the support. 12 (a-5) Presumption of ability to pay support. The 13 existence of a court or administrative order of support that 14 was not based on a default judgment and was in effect for the 15 time period charged in the indictment or information creates 16 a rebuttable presumption that the obligor has the ability to 17 pay the support obligation for that time period. 18 (b) Sentence. A person convicted of a first offense 19 under subdivision (a)(1) or (a)(2) is guilty of a Class A 20 misdemeanor. A person convicted of an offense under 21 subdivision (a)(3) or (a)(4) or a second or subsequent 22 offense under subdivision (a)(1) or (a)(2) is guilty of a 23 Class 4 felony. 24 (c) Expungement. A person convicted of a first offense 25 under subdivision (a)(1) or (a)(2) who is eligible for the 26 Earnfare program, shall, in lieu of the sentence prescribed 27 in subsection (b), be referred to the Earnfare program. Upon 28 certification of completion of the Earnfare program, the 29 conviction shall be expunged. If the person fails to 30 successfully complete the Earnfare program, he or she shall 31 be sentenced in accordance with subsection (b). 32 (d) Fine. Sentences of imprisonment and fines for 33 offenses committed under this Act shall be as provided under 34 Articles 8 and 9 of Chapter V of the Unified Code of 35 Corrections, except that the court shall order restitution of -4- SRS91SB0019JJchccr4 1 all unpaid support payments and may impose the following 2 fines, alone, or in addition to a sentence of imprisonment 3 under the following circumstances: 4 (1) from $1,000 to $5,000 if the support obligation 5 has remained unpaid for a period longer than 2 years, or 6 is in arrears in an amount greater than $1,000 and not 7 exceeding $10,000; 8 (2) from $5,000 to $10,000 if the support obligation 9 has remained unpaid for a period longer than 5 years, or 10 is in arrears in an amount greater than $10,000 and not 11 exceeding $20,000; or 12 (3) from $10,000 to $25,000 if the support 13 obligation has remained unpaid for a period longer than 8 14 years, or is in arrears in an amount greater than 15 $20,000. 16 Restitution shall be ordered in an amount equal to the 17 total unpaid support obligation as it existed at the time of 18 sentencing. Any amounts paid by the obligor shall be 19 allocated first to current support and then to restitution 20 ordered and then to fines imposed under this Section. 21 Section 20. Entry of order for support; income 22 withholding. 23 (a) In a case in which no court or administrative order 24 for support is in effect against the defendant: 25 (1) at any time before the trial, upon motion of the 26 State's Attorney, or of the Attorney General if the 27 action has been instituted by his office, and upon notice 28 to the defendant, or at the time of arraignment or as a 29 condition of postponement of arraignment, the court may 30 enter such temporary order for support as may seem just, 31 providing for the support or maintenance of the spouse or 32 child or children of the defendant, or both, pendente 33 lite; or 34 (2) before trial with the consent of the defendant, -5- SRS91SB0019JJchccr4 1 or at the trial on entry of a plea of guilty, or after 2 conviction, instead of imposing the penalty provided in 3 this Act, or in addition thereto, the court may enter an 4 order for support, subject to modification by the court 5 from time to time as circumstances may require, directing 6 the defendant to pay a certain sum for maintenance of the 7 spouse, or for support of the child or children, or both. 8 (b) The court shall determine the amount of child support 9 by using the guidelines and standards set forth in subsection 10 (a) of Section 505 and in Section 505.2 of the Illinois 11 Marriage and Dissolution of Marriage Act. 12 (c) The court shall determine the amount of maintenance 13 using the standards set forth in Section 504 of the Illinois 14 Marriage and Dissolution of Marriage Act. 15 (d) The court may, for violation of any order under this 16 Section, punish the offender as for a contempt of court, but 17 no pendente lite order shall remain in effect longer than 4 18 months, or after the discharge of any panel of jurors 19 summoned for service thereafter in such court, whichever is 20 sooner. 21 (e) Any order for support entered by the court under this 22 Section shall be deemed to be a series of judgments against 23 the person obligated to pay support under the judgments, each 24 such judgment to be in the amount of each payment or 25 installment of support and each judgment to be deemed entered 26 as of the date the corresponding payment or installment 27 becomes due under the terms of the support order. Each 28 judgment shall have the full force, effect, and attributes of 29 any other judgment of this State, including the ability to be 30 enforced. Each judgment is subject to modification or 31 termination only in accordance with Section 510 of the 32 Illinois Marriage and Dissolution of Marriage Act. A lien 33 arises by operation of law against the real and personal 34 property of the noncustodial parent for each installment of 35 overdue support owed by the noncustodial parent. -6- SRS91SB0019JJchccr4 1 (f) An order for support entered under this Section shall 2 include a provision requiring the obligor to report to the 3 obligee and to the clerk of the court within 10 days each 4 time the obligor obtains new employment, and each time the 5 obligor's employment is terminated for any reason. The 6 report shall be in writing and shall, in the case of new 7 employment, include the name and address of the new employer. 8 Failure to report new employment or the termination of 9 current employment, if coupled with nonpayment of support for 10 a period in excess of 60 days, is indirect criminal contempt. 11 For any obligor arrested for failure to report new 12 employment, bond shall be set in the amount of the child 13 support that should have been paid during the period of 14 unreported employment. 15 An order for support entered under this Section shall 16 also include a provision requiring the obligor and obligee 17 parents to advise each other of a change in residence within 18 5 days of the change except when the court finds that the 19 physical, mental, or emotional health of a party or of a 20 minor child, or both, would be seriously endangered by 21 disclosure of the party's address. 22 (g) An order for support entered or modified in a case in 23 which a party is receiving child and spouse support services 24 under Article X of the Illinois Public Aid Code shall include 25 a provision requiring the noncustodial parent to notify the 26 Illinois Department of Public Aid, within 7 days, of the name 27 and address of any new employer of the noncustodial parent, 28 whether the noncustodial parent has access to health 29 insurance coverage through the employer or other group 30 coverage and, if so, the policy name and number and the names 31 of persons covered under the policy. 32 (h) In any subsequent action to enforce an order for 33 support entered under this Act, upon sufficient showing that 34 diligent effort has been made to ascertain the location of 35 the noncustodial parent, service of process or provision of -7- SRS91SB0019JJchccr4 1 notice necessary in that action may be made at the last known 2 address of the noncustodial parent, in any manner expressly 3 provided by the Code of Civil Procedure or in this Act, which 4 service shall be sufficient for purposes of due process. 5 (i) An order for support shall include a date on which 6 the current support obligation terminates. The termination 7 date shall be no earlier than the date on which the child 8 covered by the order will attain the age of majority or is 9 otherwise emancipated. The order for support shall state that 10 the termination date does not apply to any arrearage that may 11 remain unpaid on that date. Nothing in this subsection shall 12 be construed to prevent the court from modifying the order. 13 Section 22. Withholding of income to secure payment of 14 support. An order for support entered or modified under this 15 Act is subject to the Income Withholding for Support Act. 16 Section 25. Payment of support to State Disbursement 17 Unit; clerk of the court. 18 (a) As used in this Section, "order for support", 19 "obligor", "obligee", and "payor" mean those terms as defined 20 in the Income Withholding for Support Act. 21 (b) Each order for support entered or modified under 22 Section 20 of this Act shall require that support payments be 23 made to the State Disbursement Unit established under the 24 Illinois Public Aid Code, under the following circumstances: 25 (1) when a party to the order is receiving child and 26 spouse support services under Article X of the Illinois 27 Public Aid Code; or 28 (2) when no party to the order is receiving child 29 and spouse support services, but the support payments are 30 made through income withholding. 31 (c) When no party to the order is receiving child and 32 spouse support services, and payments are not being made 33 through income withholding, the court shall order the obligor -8- SRS91SB0019JJchccr4 1 to make support payments to the clerk of the court. 2 (d) In the case of an order for support entered by the 3 court under this Act before a party commenced receipt of 4 child and spouse support services, upon receipt of these 5 services by a party the Illinois Department of Public Aid 6 shall provide notice to the obligor to send any support 7 payments he or she makes personally to the State Disbursement 8 Unit until further direction of the Department. The 9 Department shall provide a copy of the notice to the obligee 10 and to the clerk of the court. 11 (e) If a State Disbursement Unit as specified by federal 12 law has not been created in Illinois upon the effective date 13 of this Act, then, until the creation of a State Disbursement 14 Unit as specified by federal law, the following provisions 15 regarding payment and disbursement of support payments shall 16 control and the provisions in subsections (a), (b), (c), and 17 (d) shall be inoperative. Upon the creation of a State 18 Disbursement Unit as specified by federal law, this 19 subsection (e) shall be inoperative and the payment and 20 disbursement provisions of subsections (a), (b), (c), and (d) 21 shall control. 22 (1) In cases in which an order for support is 23 entered under Section 20 of this Act, the court shall 24 order that maintenance and support payments be made to 25 the clerk of the court for remittance to the person or 26 agency entitled to receive the payments. However, the 27 court in its discretion may direct otherwise where 28 exceptional circumstances so warrant. 29 (2) The court shall direct that support payments be 30 sent by the clerk to (i) the Illinois Department of 31 Public Aid if the person in whose behalf payments are 32 made is receiving aid under Articles III, IV, or V of the 33 Illinois Public Aid Code, or child and spouse support 34 services under Article X of the Code, or (ii) to the 35 local governmental unit responsible for the support of -9- SRS91SB0019JJchccr4 1 the person if he or she is a recipient under Article VI 2 of the Code. In accordance with federal law and 3 regulations, the Illinois Department of Public Aid may 4 continue to collect current maintenance payments or child 5 support payments, or both, after those persons cease to 6 receive public assistance and until termination of 7 services under Article X of the Illinois Public Aid Code. 8 The Illinois Department shall pay the net amount 9 collected to those persons after deducting any costs 10 incurred in making the collection or any collection fee 11 from the amount of any recovery made. The order shall 12 permit the Illinois Department of Public Aid or the local 13 governmental unit, as the case may be, to direct that 14 support payments be made directly to the spouse, 15 children, or both, or to some person or agency in their 16 behalf, upon removal of the spouse or children from the 17 public aid rolls or upon termination of services under 18 Article X of the Illinois Public Aid Code; and upon such 19 direction, the Illinois Department or the local 20 governmental unit, as the case requires, shall give 21 notice of such action to the court in writing or by 22 electronic transmission. 23 (3) The clerk of the court shall establish and 24 maintain current records of all moneys received and 25 disbursed and of delinquencies and defaults in required 26 payments. The court, by order or rule, shall make 27 provision for the carrying out of these duties. 28 (4) Upon notification in writing or by electronic 29 transmission from the Illinois Department of Public Aid 30 to the clerk of the court that a person who is receiving 31 support payments under this Section is receiving services 32 under the Child Support Enforcement Program established 33 by Title IV-D of the Social Security Act, any support 34 payments subsequently received by the clerk of the court 35 shall be transmitted in accordance with the instructions -10- SRS91SB0019JJchccr4 1 of the Illinois Department of Public Aid until the 2 Department gives notice to cease the transmittal. After 3 providing the notification authorized under this 4 paragraph, the Illinois Department of Public Aid shall be 5 a party and entitled to notice of any further proceedings 6 in the case. The clerk of the court shall file a copy of 7 the Illinois Department of Public Aid's notification in 8 the court file. The failure of the clerk to file a copy 9 of the notification in the court file shall not, however, 10 affect the Illinois Department of Public Aid's rights as 11 a party or its right to receive notice of further 12 proceedings. 13 (5) Payments under this Section to the Illinois 14 Department of Public Aid pursuant to the Child Support 15 Enforcement Program established by Title IV-D of the 16 Social Security Act shall be paid into the Child Support 17 Enforcement Trust Fund. All other payments under this 18 Section to the Illinois Department of Public Aid shall be 19 deposited in the Public Assistance Recoveries Trust Fund. 20 Disbursements from these funds shall be as provided in 21 the Illinois Public Aid Code. Payments received by a 22 local governmental unit shall be deposited in that unit's 23 General Assistance Fund. 24 (6) For those cases in which child support is 25 payable to the clerk of the circuit court for transmittal 26 to the Illinois Department of Public Aid by order of 27 court or upon notification by the Illinois Department of 28 Public Aid, the clerk shall transmit all such payments, 29 within 4 working days of receipt, to insure that funds 30 are available for immediate distribution by the 31 Department to the person or entity entitled thereto in 32 accordance with standards of the Child Support 33 Enforcement Program established under Title IV-D of the 34 Social Security Act. The clerk shall notify the 35 Department of the date of receipt and amount thereof at -11- SRS91SB0019JJchccr4 1 the time of transmittal. Where the clerk has entered 2 into an agreement of cooperation with the Department to 3 record the terms of child support orders and payments 4 made thereunder directly into the Department's automated 5 data processing system, the clerk shall account for, 6 transmit and otherwise distribute child support payments 7 in accordance with such agreement in lieu of the 8 requirements contained herein. 9 Section 30. Information to State Case Registry. 10 (a) When an order for support is entered or modified 11 under Section 20 of this Act, the clerk of the court shall, 12 within 5 business days, provide to the State Case Registry 13 established under Section 10-27 of the Illinois Public Aid 14 Code the court docket number and county in which the order is 15 entered or modified and the following information, which the 16 parents involved in the case shall disclose to the court: 17 (1) the names of the custodial and noncustodial 18 parents and of the child or children covered by the 19 order; 20 (2) the dates of birth of the custodial and 21 noncustodial parents and of the child or children covered 22 by the order; 23 (3) the social security numbers of the custodial and 24 noncustodial parents and, if available, of the child or 25 children covered by the order; 26 (4) the residential and mailing address for the 27 custodial and noncustodial parents; 28 (5) the telephone numbers for the custodial and 29 noncustodial parents; 30 (6) the driver's license numbers for the custodial 31 and noncustodial parents; and 32 (7) the name, address, and telephone number of each 33 parent's employer or employers. 34 (b) When an order for support is entered or modified -12- SRS91SB0019JJchccr4 1 under Section 20 in a case in which a party is receiving 2 child and spouse support services under Article X of the 3 Illinois Public Aid Code, the clerk shall provide the State 4 Case Registry with the following information within 5 5 business days: 6 (1) the information specified in subsection (a); 7 (2) the amount of monthly or other periodic support 8 owed under the order and other amounts, including 9 arrearages, interest, or late payment penalties and fees, 10 due or overdue under the order; 11 (3) any amounts described in subdivision (2) of this 12 subsection (b) that have been received by the clerk; and 13 (4) the distribution of the amounts received by the 14 clerk. 15 (c) A party shall report to the clerk of the circuit 16 court changes in information required to be disclosed under 17 this Section within 5 business days of the change. 18 (d) To the extent that updated information is in the 19 clerk's possession, the clerk shall provide updates of the 20 information specified in subsection (b) within 5 business 21 days after the Illinois Department of Public Aid's request 22 for that updated information. 23 Section 35. Fine; release of defendant on probation; 24 violation of order for support; forfeiture of recognizance. 25 (a) Whenever a fine is imposed it may be directed by the 26 court to be paid, in whole or in part, to the spouse, 27 ex-spouse, or if the support of a child or children is 28 involved, to the custodial parent, to the clerk, probation 29 officer, or to the Illinois Department of Public Aid if a 30 recipient of child and spouse support services under Article 31 X of the Illinois Public Aid Code is involved as the case 32 requires, to be disbursed by such officers or agency under 33 the terms of the order. 34 (b) The court may also relieve the defendant from custody -13- SRS91SB0019JJchccr4 1 on probation for the period fixed in the order or judgment 2 upon his or her entering into a recognizance, with or without 3 surety, in the sum as the court orders and approves. The 4 condition of the recognizance shall be such that if the 5 defendant makes his or her personal appearance in court 6 whenever ordered to do so by the court, during such period as 7 may be so fixed, and further complies with the terms of the 8 order for support, or any subsequent modification of the 9 order, then the recognizance shall be void; otherwise it will 10 remain in full force and effect. 11 (c) If the court is satisfied by testimony in open court, 12 that at any time during the period of one year the defendant 13 has violated the terms of the order for support, it may 14 proceed with the trial of the defendant under the original 15 charge, or sentence him or her under the original conviction, 16 or enforce the suspended sentence, as the case may be. In 17 case of forfeiture of recognizance, and enforcement of 18 recognizance by execution, the sum so recovered may, in the 19 discretion of the court, be paid, in whole or in part, to the 20 spouse, ex-spouse, or if the support of a child or children 21 is involved, to the custodial parent, to the clerk, or to the 22 Illinois Department of Public Aid if a recipient of child and 23 spouse support services under Article X of the Illinois 24 Public Aid Code is involved as the case requires, to be 25 disbursed by the clerk or the Department under the terms of 26 the order. 27 Section 40. Evidence. No other or greater evidence 28 shall be required to prove the marriage of a husband and 29 wife, or that the defendant is the father or mother of the 30 child or children than is or shall be required to prove that 31 fact in a civil action. 32 Section 45. Husband or wife as competent witness. In no 33 prosecution under this Act shall any existing statute or rule -14- SRS91SB0019JJchccr4 1 of law prohibiting the disclosure of confidential 2 communications between husband and wife apply. And both 3 husband and wife shall be competent witnesses to testify to 4 any and all relevant matters, including the fact of such 5 marriage and of the parentage of such child or children, 6 provided that neither shall be compelled to give evidence 7 incriminating himself or herself. 8 Section 50. Community service; work alternative program. 9 (a) In addition to any other penalties imposed against an 10 offender under this Act, the court may order the offender to 11 perform community service for not less than 30 and not more 12 than 120 hours per month, if community service is available 13 in the jurisdiction and is funded and approved by the county 14 board of the county where the offense was committed. In 15 addition, whenever any person is placed on supervision for 16 committing an offense under this Act, the supervision shall 17 be conditioned on the performance of the community service. 18 (b) In addition to any other penalties imposed against an 19 offender under this Act, the court may sentence the offender 20 to service in a work alternative program administered by the 21 sheriff. The conditions of the program are that the offender 22 obtain or retain employment and participate in a work 23 alternative program administered by the sheriff during 24 non-working hours. A person may not be required to 25 participate in a work alternative program under this 26 subsection if the person is currently participating in a work 27 program pursuant to another provision of this Act, Section 28 10-11.1 of the Illinois Public Aid Code, Section 505.1 of the 29 Illinois Marriage and Dissolution of Marriage Act, or Section 30 15.1 of the Illinois Parentage Act of 1984. 31 (c) In addition to any other penalties imposed against 32 an offender under this Act, the court may order, in cases 33 where the offender has been in violation of this Act for 90 34 days or more, that the offender's Illinois driving privileges -15- SRS91SB0019JJchccr4 1 be suspended until the court determines that the offender is 2 in compliance with this Act. 3 The court may determine that the offender is in 4 compliance with this Act if the offender has agreed (i) to 5 pay all required amounts of support and maintenance as 6 determined by the court or (ii) to the garnishment of his or 7 her income for the purpose of paying those amounts. 8 The court may also order that the offender be issued a 9 family financial responsibility driving permit that would 10 allow limited driving privileges for employment and medical 11 purposes in accordance with Section 7-702.1 of the Illinois 12 Vehicle Code. The clerk of the circuit court shall certify 13 the order suspending the driving privileges of the offender 14 or granting the issuance of a family financial responsibility 15 driving permit to the Secretary of State on forms prescribed 16 by the Secretary. Upon receipt of the authenticated 17 documents, the Secretary of State shall suspend the 18 offender's driving privileges until further order of the 19 court and shall, if ordered by the court, subject to the 20 provisions of Section 7-702.1 of the Illinois Vehicle Code, 21 issue a family financial responsibility driving permit to the 22 offender. 23 (d) If the court determines that the offender has been 24 in violation of this Act for more than 60 days, the court may 25 determine whether the offender has applied for or been issued 26 a professional license by the Department of Professional 27 Regulation or another licensing agency. If the court 28 determines that the offender has applied for or been issued 29 such a license, the court may certify to the Department of 30 Professional Regulation or other licensing agency that the 31 offender has been in violation of this Act for more than 60 32 days so that the Department or other agency may take 33 appropriate steps with respect to the license or application 34 as provided in Section 10-65 of the Illinois Administrative 35 Procedure Act and Section 60 of the Civil Administrative Code -16- SRS91SB0019JJchccr4 1 of Illinois. The court may take the actions required under 2 this subsection in addition to imposing any other penalty 3 authorized under this Act. 4 Section 55. Offenses; how construed. It is hereby 5 expressly declared that the offenses set forth in this Act 6 shall be construed to be continuing offenses. 7 Section 60. Unemployed persons owing duty of support. 8 (a) Whenever it is determined in a proceeding to 9 establish or enforce a child support or maintenance 10 obligation that the person owing a duty of support is 11 unemployed, the court may order the person to seek employment 12 and report periodically to the court with a diary, listing or 13 other memorandum of his or her efforts in accordance with 14 such order. Additionally, the court may order the unemployed 15 person to report to the Department of Employment Security for 16 job search services or to make application with the local 17 Jobs Training Partnership Act provider for participation in 18 job search, training, or work programs and where the duty of 19 support is owed to a child receiving support services under 20 Article X of the Illinois Public Aid Code the court may order 21 the unemployed person to report to the Illinois Department of 22 Public Aid for participation in job search, training, or work 23 programs established under Section 9-6 and Article IXA of 24 that Code. 25 (b) Whenever it is determined that a person owes past due 26 support for a child or for a child and the parent with whom 27 the child is living, and the child is receiving assistance 28 under the Illinois Public Aid Code, the court shall order at 29 the request of the Illinois Department of Public Aid: 30 (1) that the person pay the past-due support in 31 accordance with a plan approved by the court; or 32 (2) if the person owing past-due support is 33 unemployed, is subject to such a plan, and is not -17- SRS91SB0019JJchccr4 1 incapacitated, that the person participate in such job 2 search, training, or work programs established under 3 Section 9-6 and Article IXA of the Illinois Public Aid 4 Code as the court deems appropriate. 5 Section 65. Order of protection; status. Whenever 6 relief sought under this Act is based on allegations of 7 domestic violence, as defined in the Illinois Domestic 8 Violence Act of 1986, the court, before granting relief, 9 shall determine whether any order of protection has 10 previously been entered in the instant proceeding or any 11 other proceeding in which any party, or a child of any party, 12 or both, if relevant, has been designated as either a 13 respondent or a protected person. 14 Section 70. Severability. If any provision of this Act 15 or its application to any person or circumstance is held 16 invalid, the invalidity of that provision or application does 17 not affect other provisions or applications of this Act that 18 can be given effect without the invalid provision or 19 application. 20 Section 905. The Illinois Administrative Procedure Act 21 is amended by changing Section 10-65 as follows: 22 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65) 23 Sec. 10-65. Licenses. 24 (a) When any licensing is required by law to be preceded 25 by notice and an opportunity for a hearing, the provisions of 26 this Act concerning contested cases shall apply. 27 (b) When a licensee has made timely and sufficient 28 application for the renewal of a license or a new license 29 with reference to any activity of a continuing nature, the 30 existing license shall continue in full force and effect 31 until the final agency decision on the application has been -18- SRS91SB0019JJchccr4 1 made unless a later date is fixed by order of a reviewing 2 court. 3 (c) An application for the renewal of a license or a new 4 license shall include the applicant's social security number. 5 Each agency shall require the licensee to certify on the 6 application form, under penalty of perjury, that he or she is 7 not more than 30 days delinquent in complying with a child 8 support order. Every application shall state that failure to 9 so certify shall result in disciplinary action, and that 10 making a false statement may subject the licensee to contempt 11 of court. The agency shall notify each applicant or licensee 12 who acknowledges a delinquency or who, contrary to his or her 13 certification, is found to be delinquent or who after 14 receiving notice, fails to comply with a subpoena or warrant 15 relating to a paternity or a child support proceeding, that 16 the agency intends to take disciplinary action. Accordingly, 17 the agency shall provide written notice of the facts or 18 conduct upon which the agency will rely to support its 19 proposed action and the applicant or licensee shall be given 20 an opportunity for a hearing in accordance with the 21 provisions of the Act concerning contested cases. Any 22 delinquency in complying with a child support order can be 23 remedied by arranging for payment of past due and current 24 support. Any failure to comply with a subpoena or warrant 25 relating to a paternity or child support proceeding can be 26 remedied by complying with the subpoena or warrant. Upon a 27 final finding of delinquency or failure to comply with a 28 subpoena or warrant, the agency shall suspend, revoke, or 29 refuse to issue or renew the license. In cases in which the 30 Department of Public Aid has previously determined that an 31 applicant or a licensee is more than 30 days delinquent in 32 the payment of child support and has subsequently certified 33 the delinquency to the licensing agency, and in cases in 34 which a court has previously determined that an applicant or 35 licensee has been in violation of the Non-Support Punishment -19- SRS91SB0019JJchccr4 1 Act for more than 60 days, the licensing agency shall refuse 2 to issue or renew or shall revoke or suspend that person's 3 license based solely upon the certification of delinquency 4 made by the Department of Public Aid or the certification of 5 violation made by the court. Further process, hearings, or 6 redetermination of the delinquency or violation by the 7 licensing agency shall not be required. The licensing 8 agency may issue or renew a license if the licensee has 9 arranged for payment of past and current child support 10 obligations in a manner satisfactory to the Department of 11 Public Aid or the court. The licensing agency may impose 12 conditions, restrictions, or disciplinary action upon that 13 license. 14 (d) Except as provided in subsection (c), no agency 15 shall revoke, suspend, annul, withdraw, amend materially, or 16 refuse to renew any valid license without first giving 17 written notice to the licensee of the facts or conduct upon 18 which the agency will rely to support its proposed action and 19 an opportunity for a hearing in accordance with the 20 provisions of this Act concerning contested cases. At the 21 hearing, the licensee shall have the right to show compliance 22 with all lawful requirements for the retention, continuation, 23 or renewal of the license. If, however, the agency finds 24 that the public interest, safety, or welfare imperatively 25 requires emergency action, and if the agency incorporates a 26 finding to that effect in its order, summary suspension of a 27 license may be ordered pending proceedings for revocation or 28 other action. Those proceedings shall be promptly instituted 29 and determined. 30 (e) Any application for renewal of a license that 31 contains required and relevant information, data, material, 32 or circumstances that were not contained in an application 33 for the existing license shall be subject to the provisions 34 of subsection (a). -20- SRS91SB0019JJchccr4 1 Section 910. The Civil Administrative Code of Illinois 2 is amended by changing Section 43a.14 as follows: 3 (20 ILCS 1005/43a.14) 4 Sec. 43a.14. Exchange of information for child support 5 enforcement. 6 (a) To exchange with the Illinois Department of Public 7 Aid information that may be necessary for the enforcement of 8 child support orders entered pursuant to the Illinois Public 9 Aid Code, the Illinois Marriage and Dissolution of Marriage 10 Act, the Non-Support of Spouse and Children Act, the 11 Non-Support Punishment Act, the Revised Uniform Reciprocal 12 Enforcement of Support Act, the Uniform Interstate Family 13 Support Act, or the Illinois Parentage Act of 1984. 14 (b) Notwithstanding any provisions in this Code to the 15 contrary, the Department of Employment Security shall not be 16 liable to any person for any disclosure of information to the 17 Illinois Department of Public Aid under subsection (a) or for 18 any other action taken in good faith to comply with the 19 requirements of subsection (a). 20 (Source: P.A. 90-18, eff. 7-1-97.) 21 Section 915. The Civil Administrative Code of Illinois 22 is amended by changing Section 60 as follows: 23 (20 ILCS 2105/60) (from Ch. 127, par. 60) 24 Sec. 60. Powers and duties. The Department of 25 Professional Regulation shall have, subject to the provisions 26 of this Act, the following powers and duties: 27 1. To authorize examinations in English to ascertain the 28 qualifications and fitness of applicants to exercise the 29 profession, trade, or occupation for which the examination is 30 held. 31 2. To prescribe rules and regulations for a fair and 32 wholly impartial method of examination of candidates to -21- SRS91SB0019JJchccr4 1 exercise the respective professions, trades, or occupations. 2 3. To pass upon the qualifications of applicants for 3 licenses, certificates, and authorities, whether by 4 examination, by reciprocity, or by endorsement. 5 4. To prescribe rules and regulations defining, for the 6 respective professions, trades, and occupations, what shall 7 constitute a school, college, or university, or department of 8 a university, or other institutions, reputable and in good 9 standing and to determine the reputability and good standing 10 of a school, college, or university, or department of a 11 university, or other institution, reputable and in good 12 standing by reference to a compliance with such rules and 13 regulations: provided, that no school, college, or 14 university, or department of a university or other 15 institution that refuses admittance to applicants solely on 16 account of race, color, creed, sex, or national origin shall 17 be considered reputable and in good standing. 18 5. To conduct hearings on proceedings to revoke, 19 suspend, refuse to renew, place on probationary status, or 20 take other disciplinary action as may be authorized in any 21 licensing Act administered by the Department with regard to 22 licenses, certificates, or authorities of persons exercising 23 the respective professions, trades, or occupations, and to 24 revoke, suspend, refuse to renew, place on probationary 25 status, or take other disciplinary action as may be 26 authorized in any licensing Act administered by the 27 Department with regard to such licenses, certificates, or 28 authorities. The Department shall issue a monthly 29 disciplinary report. The Department shall deny any license 30 or renewal authorized by this Act to any person who has 31 defaulted on an educational loan or scholarship provided by 32 or guaranteed by the Illinois Student Assistance Commission 33 or any governmental agency of this State; however, the 34 Department may issue a license or renewal if the 35 aforementioned persons have established a satisfactory -22- SRS91SB0019JJchccr4 1 repayment record as determined by the Illinois Student 2 Assistance Commission or other appropriate governmental 3 agency of this State. Additionally, beginning June 1, 1996, 4 any license issued by the Department may be suspended or 5 revoked if the Department, after the opportunity for a 6 hearing under the appropriate licensing Act, finds that the 7 licensee has failed to make satisfactory repayment to the 8 Illinois Student Assistance Commission for a delinquent or 9 defaulted loan. For the purposes of this Section, 10 "satisfactory repayment record" shall be defined by rule. The 11 Department shall refuse to issue or renew a license to, or 12 shall suspend or revoke a license of, any person who, after 13 receiving notice, fails to comply with a subpoena or warrant 14 relating to a paternity or child support proceeding. 15 However, the Department may issue a license or renewal upon 16 compliance with the subpoena or warrant. 17 The Department, without further process or hearings, 18 shall revoke, suspend, or deny any license or renewal 19 authorized by this Act to a person who is certified by the 20 Illinois Department of Public Aid as being more than 30 days 21 delinquent in complying with a child support order or who is 22 certified by a court as being in violation of the Non-Support 23 of Punishment Act for more than 60 days; the Department may, 24 however, issue a license or renewal if the person has 25 established a satisfactory repayment record as determined by 26 the Illinois Department of Public Aid or if the person is 27 determined by the court to be in compliance with the 28 Non-Support Punishment Act. The Department may implement 29 this paragraph as added by Public Act 89-6 through the use of 30 emergency rules in accordance with Section 5-45 of the 31 Illinois Administrative Procedure Act. For purposes of the 32 Illinois Administrative Procedure Act, the adoption of rules 33 to implement this paragraph shall be considered an emergency 34 and necessary for the public interest, safety, and welfare. 35 6. To transfer jurisdiction of any realty under the -23- SRS91SB0019JJchccr4 1 control of the Department to any other Department of the 2 State Government, or to acquire or accept Federal lands, when 3 such transfer, acquisition or acceptance is advantageous to 4 the State and is approved in writing by the Governor. 5 7. To formulate rules and regulations as may be 6 necessary for the enforcement of any act administered by the 7 Department. 8 8. To exchange with the Illinois Department of Public 9 Aid information that may be necessary for the enforcement of 10 child support orders entered pursuant to the Illinois Public 11 Aid Code, the Illinois Marriage and Dissolution of Marriage 12 Act, the Non-Support of Spouse and Children Act, the 13 Non-Support Punishment Act, the Revised Uniform Reciprocal 14 Enforcement of Support Act, the Uniform Interstate Family 15 Support Act, or the Illinois Parentage Act of 1984. 16 Notwithstanding any provisions in this Code to the contrary, 17 the Department of Professional Regulation shall not be liable 18 under any federal or State law to any person for any 19 disclosure of information to the Illinois Department of 20 Public Aid under this paragraph 8 or for any other action 21 taken in good faith to comply with the requirements of this 22 paragraph 8. 23 9. To perform such other duties as may be prescribed by 24 law. 25 The Department may, when a fee is payable to the 26 Department for a wall certificate of registration provided by 27 the Department of Central Management Services, require that 28 portion of the payment for printing and distribution costs be 29 made directly or through the Department, to the Department of 30 Central Management Services for deposit in the Paper and 31 Printing Revolving Fund, the remainder shall be deposited in 32 the General Revenue Fund. 33 For the purpose of securing and preparing evidence, and 34 for the purchase of controlled substances, professional 35 services, and equipment necessary for enforcement activities, -24- SRS91SB0019JJchccr4 1 recoupment of investigative costs and other activities 2 directed at suppressing the misuse and abuse of controlled 3 substances, including those activities set forth in Sections 4 504 and 508 of the Illinois Controlled Substances Act, the 5 Director and agents appointed and authorized by the Director 6 may expend such sums from the Professional Regulation 7 Evidence Fund as the Director deems necessary from the 8 amounts appropriated for that purpose and such sums may be 9 advanced to the agent when the Director deems such procedure 10 to be in the public interest. Sums for the purchase of 11 controlled substances, professional services, and equipment 12 necessary for enforcement activities and other activities as 13 set forth in this Section shall be advanced to the agent who 14 is to make such purchase from the Professional Regulation 15 Evidence Fund on vouchers signed by the Director. The 16 Director and such agents are authorized to maintain one or 17 more commercial checking accounts with any State banking 18 corporation or corporations organized under or subject to the 19 Illinois Banking Act for the deposit and withdrawal of moneys 20 to be used for the purposes set forth in this Section; 21 provided, that no check may be written nor any withdrawal 22 made from any such account except upon the written signatures 23 of 2 persons designated by the Director to write such checks 24 and make such withdrawals. Vouchers for such expenditures 25 must be signed by the Director and all such expenditures 26 shall be audited by the Director and the audit shall be 27 submitted to the Department of Central Management Services 28 for approval. 29 Whenever the Department is authorized or required by law 30 to consider some aspect of criminal history record 31 information for the purpose of carrying out its statutory 32 powers and responsibilities, then, upon request and payment 33 of fees in conformance with the requirements of subsection 22 34 of Section 55a of the Civil Administrative Code of Illinois, 35 the Department of State Police is authorized to furnish, -25- SRS91SB0019JJchccr4 1 pursuant to positive identification, such information 2 contained in State files as is necessary to fulfill the 3 request. 4 The provisions of this Section do not apply to private 5 business and vocational schools as defined by Section 1 of 6 the Private Business and Vocational Schools Act. 7 Beginning July 1, 1995, this Section does not apply to 8 those professions, trades, and occupations licensed under the 9 Real Estate License Act of 1983 nor does it apply to any 10 permits, certificates, or other authorizations to do business 11 provided for in the Land Sales Registration Act of 1989 or 12 the Illinois Real Estate Time-Share Act. 13 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237, 14 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18, 15 eff. 7-1-97.) 16 Section 920. The Civil Administrative Code of Illinois 17 is amended by changing Section 39b12 as follows: 18 (20 ILCS 2505/39b12) (from Ch. 127, par. 39b12) 19 Sec. 39b12. Exchange of information. 20 (a) To exchange with any State, or local subdivisions 21 thereof, or with the federal government, except when 22 specifically prohibited by law, any information which may be 23 necessary to efficient tax administration and which may be 24 acquired as a result of the administration of the above laws. 25 (b) To exchange with the Illinois Department of Public 26 Aid information that may be necessary for the enforcement of 27 child support orders entered pursuant to the Illinois Public 28 Aid Code, the Illinois Marriage and Dissolution of Marriage 29 Act, the Non-Support of Spouse and Children Act, the 30 Non-Support Punishment Act, the Revised Uniform Reciprocal 31 Enforcement of Support Act, the Uniform Interstate Family 32 Support Act, or the Illinois Parentage Act of 1984. 33 Notwithstanding any provisions in this Code to the contrary, -26- SRS91SB0019JJchccr4 1 the Department of Revenue shall not be liable to any person 2 for any disclosure of information to the Illinois Department 3 of Public Aid under this subsection (b) or for any other 4 action taken in good faith to comply with the requirements of 5 this subsection (b). 6 (Source: P.A. 90-18, eff. 7-1-97.) 7 Section 925. The Counties Code is amended by changing 8 Section 3-5036.5 as follows: 9 (55 ILCS 5/3-5036.5) 10 Sec. 3-5036.5. Exchange of information for child support 11 enforcement. 12 (a) The Recorder shall exchange with the Illinois 13 Department of Public Aid information that may be necessary 14 for the enforcement of child support orders entered pursuant 15 to the Illinois Public Aid Code, the Illinois Marriage and 16 Dissolution of Marriage Act, the Non-Support of Spouse and 17 Children Act, the Non-Support Punishment Act, the Revised 18 Uniform Reciprocal Enforcement of Support Act, the Uniform 19 Interstate Family Support Act, or the Illinois Parentage Act 20 of 1984. 21 (b) Notwithstanding any provisions in this Code to the 22 contrary, the Recorder shall not be liable to any person for 23 any disclosure of information to the Illinois Department of 24 Public Aid under subsection (a) or for any other action taken 25 in good faith to comply with the requirements of subsection 26 (a). 27 (Source: P.A. 90-18, eff. 7-1-97.) 28 Section 930. The Collection Agency Act is amended by 29 changing Section 2.04 as follows: 30 (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1) 31 Sec. 2.04. Child support indebtedness. -27- SRS91SB0019JJchccr4 1 (a) Persons, associations, partnerships, or corporations 2 engaged in the business of collecting child support 3 indebtedness owing under a court order as provided under the 4 Illinois Public Aid Code, the Illinois Marriage and 5 Dissolution of Marriage Act, the Non-Support of Spouse and 6 Children Act, the Non-Support Punishment Act, the Illinois 7 Parentage Act of 1984, or similar laws of other states are 8 not restricted (i) in the frequency of contact with an 9 obligor who is in arrears, whether by phone, mail, or other 10 means, (ii) from contacting the employer of an obligor who is 11 in arrears, (iii) from publishing or threatening to publish a 12 list of obligors in arrears, (iv) from disclosing or 13 threatening to disclose an arrearage that the obligor 14 disputes, but for which a verified notice of delinquency has 15 been served under the Income Withholding for Support Act (or 16 any of its predecessors, Section 10-16.2 of the Illinois 17 Public Aid Code, Section 706.1 of the Illinois Marriage and 18 Dissolution of Marriage Act, Section 4.1 of the Non-Support 19 of Spouse and Children Act, Section 26.1 of the Revised 20 Uniform Reciprocal Enforcement of Support Act, or Section 20 21 of the Illinois Parentage Act of 1984), or (v) from engaging 22 in conduct that would not cause a reasonable person mental or 23 physical illness. For purposes of this subsection, "obligor" 24 means an individual who owes a duty to make periodic 25 payments, under a court order, for the support of a child. 26 "Arrearage" means the total amount of an obligor's unpaid 27 child support obligations. 28 (b) The Department shall adopt rules necessary to 29 administer and enforce the provisions of this Section. 30 (Source: P.A. 90-673, eff. 1-1-99.) 31 Section 935. The Illinois Public Aid Code is amended by 32 changing Sections 10-3.1, 10-17, 10-19, 10-25, 10-25.5, and 33 12-4.7c as follows: -28- SRS91SB0019JJchccr4 1 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1) 2 Sec. 10-3.1. Child and Spouse Support Unit. The 3 Illinois Department shall establish within its administrative 4 staff a Child and Spouse Support Unit to search for and 5 locate absent parents and spouses liable for the support of 6 persons resident in this State and to exercise the support 7 enforcement powers and responsibilities assigned the 8 Department by this Article. The unit shall cooperate with 9 all law enforcement officials in this State and with the 10 authorities of other States in locating persons responsible 11 for the support of persons resident in other States and shall 12 invite the cooperation of these authorities in the 13 performance of its duties. 14 In addition to other duties assigned the Child and Spouse 15 Support Unit by this Article, the Unit may refer to the 16 Attorney General or units of local government with the 17 approval of the Attorney General, any actions under Sections 18 10-10 and 10-15 for judicial enforcement of the support 19 liability. The Child and Spouse Support Unit shall act for 20 the Department in referring to the Attorney General support 21 matters requiring judicial enforcement under other laws. If 22 requested by the Attorney General to so act, as provided in 23 Section 12-16, attorneys of the Unit may assist the Attorney 24 General or themselves institute actions in behalf of the 25 Illinois Department under the Revised Uniform Reciprocal 26 Enforcement of Support Act; under the Illinois Parentage Act 27 of 1984; under the Non-Support of Spouse and Children Act; 28 under the Non-Support Punishment Act; or under any other law, 29 State or Federal, providing for support of a spouse or 30 dependent child. 31 The Illinois Department shall also have the authority to 32 enter into agreements with local governmental units or 33 individuals, with the approval of the Attorney General, for 34 the collection of moneys owing because of the failure of a 35 parent to make child support payments for any child receiving -29- SRS91SB0019JJchccr4 1 services under this Article. Such agreements may be on a 2 contingent fee basis, but such contingent fee shall not 3 exceed 25% of the total amount collected. 4 An attorney who provides representation pursuant to this 5 Section shall represent the Illinois Department exclusively. 6 Regardless of the designation of the plaintiff in an action 7 brought pursuant to this Section, an attorney-client 8 relationship does not exist for purposes of that action 9 between that attorney and (i) an applicant for or recipient 10 of child and spouse support services or (ii) any other party 11 to the action other than the Illinois Department. Nothing in 12 this Section shall be construed to modify any power or duty 13 (including a duty to maintain confidentiality) of the Child 14 and Spouse Support Unit or the Illinois Department otherwise 15 provided by law. 16 The Illinois Department may also enter into agreements 17 with local governmental units for the Child and Spouse 18 Support Unit to exercise the investigative and enforcement 19 powers designated in this Article, including the issuance of 20 administrative orders under Section 10-11, in locating 21 responsible relatives and obtaining support for persons 22 applying for or receiving aid under Article VI. Payments for 23 defrayment of administrative costs and support payments 24 obtained shall be deposited into the Public Assistance 25 Recoveries Trust Fund. Support payments shall be paid over 26 to the General Assistance Fund of the local governmental unit 27 at such time or times as the agreement may specify. 28 With respect to those cases in which it has support 29 enforcement powers and responsibilities under this Article, 30 the Illinois Department may provide by rule for periodic or 31 other review of each administrative and court order for 32 support to determine whether a modification of the order 33 should be sought. The Illinois Department shall provide for 34 and conduct such review in accordance with any applicable 35 federal law and regulation. -30- SRS91SB0019JJchccr4 1 As part of its process for review of orders for support, 2 the Illinois Department, through written notice, may require 3 the responsible relative to disclose his or her Social 4 Security Number and past and present information concerning 5 the relative's address, employment, gross wages, deductions 6 from gross wages, net wages, bonuses, commissions, number of 7 dependent exemptions claimed, individual and dependent health 8 insurance coverage, and any other information necessary to 9 determine the relative's ability to provide support in a case 10 receiving child and spouse support services under this 11 Article X. 12 The Illinois Department may send a written request for 13 the same information to the relative's employer. The 14 employer shall respond to the request for information within 15 15 days after the date the employer receives the request. If 16 the employer willfully fails to fully respond within the 17 15-day period, the employer shall pay a penalty of $100 for 18 each day that the response is not provided to the Illinois 19 Department after the 15-day period has expired. The penalty 20 may be collected in a civil action which may be brought 21 against the employer in favor of the Illinois Department. 22 A written request for information sent to an employer 23 pursuant to this Section shall consist of (i) a citation of 24 this Section as the statutory authority for the request and 25 for the employer's obligation to provide the requested 26 information, (ii) a returnable form setting forth the 27 employer's name and address and listing the name of the 28 employee with respect to whom information is requested, and 29 (iii) a citation of this Section as the statutory authority 30 authorizing the employer to withhold a fee of up to $20 from 31 the wages or income to be paid to each responsible relative 32 for providing the information to the Illinois Department 33 within the 15-day period. If the employer is withholding 34 support payments from the responsible relative's income 35 pursuant to an order for withholding, the employer may -31- SRS91SB0019JJchccr4 1 withhold the fee provided for in this Section only after 2 withholding support as required under the order. Any amounts 3 withheld from the responsible relative's income for payment 4 of support and the fee provided for in this Section shall not 5 be in excess of the amounts permitted under the federal 6 Consumer Credit Protection Act. 7 In a case receiving child and spouse support services, 8 the Illinois Department may request and obtain information 9 from a particular employer under this Section no more than 10 once in any 12-month period, unless the information is 11 necessary to conduct a review of a court or administrative 12 order for support at the request of the person receiving 13 child and spouse support services. 14 The Illinois Department shall establish and maintain an 15 administrative unit to receive and transmit to the Child and 16 Spouse Support Unit information supplied by persons applying 17 for or receiving child and spouse support services under 18 Section 10-1. In addition, the Illinois Department shall 19 address and respond to any alleged deficiencies that persons 20 receiving or applying for services from the Child and Spouse 21 Support Unit may identify concerning the Child and Spouse 22 Support Unit's provision of child and spouse support 23 services. Within 60 days after an action or failure to act by 24 the Child and Spouse Support Unit that affects his or her 25 case, a recipient of or applicant for child and spouse 26 support services under Article X of this Code may request an 27 explanation of the Unit's handling of the case. At the 28 requestor's option, the explanation may be provided either 29 orally in an interview, in writing, or both. If the Illinois 30 Department fails to respond to the request for an explanation 31 or fails to respond in a manner satisfactory to the applicant 32 or recipient within 30 days from the date of the request for 33 an explanation, the applicant or recipient may request a 34 conference for further review of the matter by the Office of 35 the Administrator of the Child and Spouse Support Unit. A -32- SRS91SB0019JJchccr4 1 request for a conference may be submitted at any time within 2 60 days after the explanation has been provided by the Child 3 and Spouse Support Unit or within 60 days after the time for 4 providing the explanation has expired. 5 The applicant or recipient may request a conference 6 concerning any decision denying or terminating child or 7 spouse support services under Article X of this Code, and the 8 applicant or recipient may also request a conference 9 concerning the Unit's failure to provide services or the 10 provision of services in an amount or manner that is 11 considered inadequate. For purposes of this Section, the 12 Child and Spouse Support Unit includes all local governmental 13 units or individuals with whom the Illinois Department has 14 contracted under Section 10-3.1. 15 Upon receipt of a timely request for a conference, the 16 Office of the Administrator shall review the case. The 17 applicant or recipient requesting the conference shall be 18 entitled, at his or her option, to appear in person or to 19 participate in the conference by telephone. The applicant or 20 recipient requesting the conference shall be entitled to be 21 represented and to be afforded a reasonable opportunity to 22 review the Illinois Department's file before or at the 23 conference. At the conference, the applicant or recipient 24 requesting the conference shall be afforded an opportunity to 25 present all relevant matters in support of his or her claim. 26 Conferences shall be without cost to the applicant or 27 recipient requesting the conference and shall be conducted by 28 a representative of the Child or Spouse Support Unit who did 29 not participate in the action or inaction being reviewed. 30 The Office of the Administrator shall conduct a 31 conference and inform all interested parties, in writing, of 32 the results of the conference within 60 days from the date of 33 filing of the request for a conference. 34 In addition to its other powers and responsibilities 35 established by this Article, the Child and Spouse Support -33- SRS91SB0019JJchccr4 1 Unit shall conduct an annual assessment of each institution's 2 program for institution based paternity establishment under 3 Section 12 of the Vital Records Act. 4 (Source: P.A. 90-18, eff. 7-1-97.) 5 (305 ILCS 5/10-17) (from Ch. 23, par. 10-17) 6 Sec. 10-17. Other Actions and Remedies for Support.
)The 7 procedures, actions and remedies provided in this Article 8 shall in no way be exclusive, but shall be available in 9 addition to other actions and remedies of support, including, 10 but not by way of limitation, the remedies provided in (a) 11 the "Paternity Act", approved July 5, 1957, as amended; (b) 12 the "Non-Support of Spouse and Children Act", approved June 13 24, 1915, as amended; (b-5) the Non-Support Punishment Act; 14 and (c) the "Revised Uniform Reciprocal Enforcement of 15 Support Act", approved August 28, 1969, as amended. 16 (Source: P.A. 79-474.) 17 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19) 18 Sec. 10-19. (Support Payments Ordered Under Other Laws - 19 Where Deposited.) The Illinois Department and local 20 governmental units are authorized to receive payments 21 directed by court order for the support of recipients, as 22 provided in the following Acts: 23 1. "Non-Support of Spouse and Children Act", approved 24 June 24, 1915, as amended, 25 1.5. The Non-Support Punishment Act, 26 2. "Illinois Marriage and Dissolution of Marriage Act", 27 as now or hereafter amended, 28 3. The Illinois Parentage Act, as amended, 29 4. "Revised Uniform Reciprocal Enforcement of Support 30 Act", approved August 28, 1969, as amended, 31 5. The Juvenile Court Act or the Juvenile Court Act of 32 1987, as amended, 33 6. The "Unified Code of Corrections", approved July 26, -34- SRS91SB0019JJchccr4 1 1972, as amended, 2 7. Part 7 of Article XII of the Code of Civil Procedure, 3 as amended, 4 8. Part 8 of Article XII of the Code of Civil Procedure, 5 as amended, and 6 9. Other laws which may provide by judicial order for 7 direct payment of support moneys. 8 Payments under this Section to the Illinois Department 9 pursuant to the Child Support Enforcement Program established 10 by Title IV-D of the Social Security Act shall be paid into 11 the Child Support Enforcement Trust Fund. All other payments 12 under this Section to the Illinois Department shall be 13 deposited in the Public Assistance Recoveries Trust Fund. 14 Disbursements from these funds shall be as provided in 15 Sections 12-9 and 12-10.2 of this Code. Payments received by 16 a local governmental unit shall be deposited in that unit's 17 General Assistance Fund. 18 (Source: P.A. 86-1028.) 19 (305 ILCS 5/10-25) 20 Sec. 10-25. Administrative liens and levies on real 21 property for past-due child support. 22 (a) The State shall have a lien on all legal and 23 equitable interests of responsible relatives in their real 24 property in the amount of past-due child support owing 25 pursuant to an order for child support entered under Sections 26 10-10 and 10-11 of this Code, or under the Illinois Marriage 27 and Dissolution of Marriage Act, the Non-Support of Spouse 28 and Children Act, the Non-Support Punishment Act, the Uniform 29 Interstate Family Support Act, or the Illinois Parentage Act 30 of 1984. 31 (b) The Illinois Department shall provide by rule for 32 notice to and an opportunity to be heard by each responsible 33 relative affected, and any final administrative decision 34 rendered by the Illinois Department shall be reviewed only -35- SRS91SB0019JJchccr4 1 under and in accordance with the Administrative Review Law. 2 (c) When enforcing a lien under subsection (a) of this 3 Section, the Illinois Department shall have the authority to 4 execute notices of administrative liens and levies, which 5 shall contain the name and address of the responsible 6 relative, a legal description of the real property to be 7 levied, the fact that a lien is being claimed for past-due 8 child support, and such other information as the Illinois 9 Department may by rule prescribe. The Illinois Department 10 shall record the notice of lien with the recorder or 11 registrar of titles of the county or counties in which the 12 real estate is located. 13 (d) The State's lien under subsection (a) shall be 14 enforceable upon the recording or filing of a notice of lien 15 with the recorder or registrar of titles of the county or 16 counties in which the real estate is located. The lien shall 17 be prior to any lien thereafter recorded or filed and shall 18 be notice to a subsequent purchaser, assignor, or 19 encumbrancer of the existence and nature of the lien. The 20 lien shall be inferior to the lien of general taxes, special 21 assessment, and special taxes heretofore or hereafter levied 22 by any political subdivision or municipal corporation of the 23 State. 24 In the event that title to the land to be affected by the 25 notice of lien is registered under the Registered Titles 26 (Torrens) Act, the notice shall be filed in the office of the 27 registrar of titles as a memorial or charge upon each folium 28 of the register of titles affected by the notice; but the 29 State shall not have a preference over the rights of any bona 30 fide purchaser, mortgagee, judgment creditor, or other lien 31 holders registered prior to the registration of the notice. 32 (e) The recorder or registrar of titles of each county 33 shall procure a file labeled "Child Support Lien Notices" and 34 an index book labeled "Child Support Lien Notices". When 35 notice of any lien is presented to the recorder or registrar -36- SRS91SB0019JJchccr4 1 of titles for filing, the recorder or registrar of titles 2 shall file it in numerical order in the file and shall enter 3 it alphabetically in the index. The entry shall show the 4 name and last known address of the person named in the 5 notice, the serial number of the notice, the date and hour of 6 filing, and the amount of child support due at the time when 7 the lien is filed. 8 (f) The Illinois Department shall not be required to 9 furnish bond or make a deposit for or pay any costs or fees 10 of any court or officer thereof in any legal proceeding 11 involving the lien. 12 (g) To protect the lien of the State for past-due child 13 support, the Illinois Department may, from funds that are 14 available for that purpose, pay or provide for the payment of 15 necessary or essential repairs, purchase tax certificates, 16 pay balances due on land contracts, or pay or cause to be 17 satisfied any prior liens on the property to which the lien 18 hereunder applies. 19 (h) A lien on real property under this Section shall be 20 released pursuant to Section 12-101 of the Code of Civil 21 Procedure. 22 (i) The Illinois Department, acting in behalf of the 23 State, may foreclose the lien in a judicial proceeding to the 24 same extent and in the same manner as in the enforcement of 25 other liens. The process, practice, and procedure for the 26 foreclosure shall be the same as provided in the Code of 27 Civil Procedure. 28 (Source: P.A. 90-18, eff. 7-1-97.) 29 (305 ILCS 5/10-25.5) 30 Sec. 10-25.5. Administrative liens and levies on 31 personal property for past-due child support. 32 (a) The State shall have a lien on all legal and 33 equitable interests of responsible relatives in their 34 personal property, including any account in a financial -37- SRS91SB0019JJchccr4 1 institution as defined in Section 10-24, or in the case of an 2 insurance company or benefit association only in accounts as 3 defined in Section 10-24, in the amount of past-due child 4 support owing pursuant to an order for child support entered 5 under Sections 10-10 and 10-11 of this Code, or under the 6 Illinois Marriage and Dissolution of Marriage Act, the 7 Non-Support of Spouse and Children Act, the Non-Support 8 Punishment Act, the Uniform Interstate Family Support Act, or 9 the Illinois Parentage Act of 1984. 10 (b) The Illinois Department shall provide by rule for 11 notice to and an opportunity to be heard by each responsible 12 relative affected, and any final administrative decision 13 rendered by the Illinois Department shall be reviewed only 14 under and in accordance with the Administrative Review Law. 15 (c) When enforcing a lien under subsection (a) of this 16 Section, the Illinois Department shall have the authority to 17 execute notices of administrative liens and levies, which 18 shall contain the name and address of the responsible 19 relative, a description of the property to be levied, the 20 fact that a lien is being claimed for past-due child support, 21 and such other information as the Illinois Department may by 22 rule prescribe. The Illinois Department may serve the notice 23 of lien or levy upon any financial institution where the 24 accounts as defined in Section 10-24 of the responsible 25 relative may be held, for encumbrance or surrender of the 26 accounts as defined in Section 10-24 by the financial 27 institution. 28 (d) The Illinois Department shall enforce its lien 29 against the responsible relative's personal property, other 30 than accounts as defined in Section 10-24 in financial 31 institutions, and levy upon such personal property in the 32 manner provided for enforcement of judgments contained in 33 Article XII of the Code of Civil Procedure. 34 (e) The Illinois Department shall not be required to 35 furnish bond or make a deposit for or pay any costs or fees -38- SRS91SB0019JJchccr4 1 of any court or officer thereof in any legal proceeding 2 involving the lien. 3 (f) To protect the lien of the State for past-due child 4 support, the Illinois Department may, from funds that are 5 available for that purpose, pay or provide for the payment of 6 necessary or essential repairs, purchase tax certificates, or 7 pay or cause to be satisfied any prior liens on the property 8 to which the lien hereunder applies. 9 (g) A lien on personal property under this Section shall 10 be released in the manner provided under Article XII of the 11 Code of Civil Procedure. Notwithstanding the foregoing, a 12 lien under this Section on accounts as defined in Section 13 10-24 shall expire upon the passage of 120 days from the date 14 of issuance of the Notice of Lien or Levy by the Illinois 15 Department. However, the lien shall remain in effect during 16 the pendency of any appeal or protest. 17 (h) A lien created under this Section is subordinate to 18 any prior lien of the financial institution or any prior lien 19 holder or any prior right of set-off that the financial 20 institution may have against the assets, or in the case of an 21 insurance company or benefit association only in the accounts 22 as defined in Section 10-24. 23 (i) A financial institution has no obligation under this 24 Section to hold, encumber, or surrender the assets, or in the 25 case of an insurance company or benefit association only the 26 accounts as defined in Section 10-24, until the financial 27 institution has been properly served with a subpoena, 28 summons, warrant, court or administrative order, or 29 administrative lien and levy requiring that action. 30 (Source: P.A. 90-18, eff. 7-1-97.) 31 (305 ILCS 5/12-4.7c) 32 Sec. 12-4.7c. Exchange of information after July 1, 1997. 33 (a) The Department of Human Services shall exchange with 34 the Illinois Department of Public Aid information that may be -39- SRS91SB0019JJchccr4 1 necessary for the enforcement of child support orders entered 2 pursuant to Sections 10-10 and 10-11 of this Code or pursuant 3 to the Illinois Marriage and Dissolution of Marriage Act, the 4 Non-Support of Spouse and Children Act, the Non-Support 5 Punishment Act, the Revised Uniform Reciprocal Enforcement of 6 Support Act, the Uniform Interstate Family Support Act, or 7 the Illinois Parentage Act of 1984. 8 (b) Notwithstanding any provisions in this Code to the 9 contrary, the Department of Human Services shall not be 10 liable to any person for any disclosure of information to the 11 Illinois Department of Public Aid under subsection (a) or for 12 any other action taken in good faith to comply with the 13 requirements of subsection (a). 14 (Source: P.A. 90-18, eff. 7-1-97.) 15 Section 940. The Vital Records Act is amended by 16 changing Section 24 as follows: 17 (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24) 18 Sec. 24. (1) To protect the integrity of vital records, 19 to insure their proper use, and to insure the efficient and 20 proper administration of the vital records system, access to 21 vital records, and indexes thereof, including vital records 22 in the custody of local registrars and county clerks 23 originating prior to January 1, 1916, is limited to the 24 custodian and his employees, and then only for administrative 25 purposes, except that the indexes of those records in the 26 custody of local registrars and county clerks, originating 27 prior to January 1, 1916, shall be made available to persons 28 for the purpose of genealogical research. Original, 29 photographic or microphotographic reproductions of original 30 records of births 100 years old and older and deaths 50 years 31 old and older, and marriage records 75 years old and older on 32 file in the State Office of Vital Records and in the custody 33 of the county clerks may be made available for inspection in -40- SRS91SB0019JJchccr4 1 the Illinois State Archives reference area, Illinois Regional 2 Archives Depositories, and other libraries approved by the 3 Illinois State Registrar and the Director of the Illinois 4 State Archives, provided that the photographic or 5 microphotographic copies are made at no cost to the county or 6 to the State of Illinois. It is unlawful for any custodian 7 to permit inspection of, or to disclose information contained 8 in, vital records, or to copy or permit to be copied, all or 9 part of any such record except as authorized by this Act or 10 regulations adopted pursuant thereto. 11 (2) The State Registrar of Vital Records, or his agent, 12 and any municipal, county, multi-county, public health 13 district, or regional health officer recognized by the 14 Department may examine vital records for the purpose only of 15 carrying out the public health programs and responsibilities 16 under his jurisdiction. 17 (3) The State Registrar of Vital Records, may disclose, 18 or authorize the disclosure of, data contained in the vital 19 records when deemed essential for bona fide research purposes 20 which are not for private gain. 21 This amendatory Act of 1973 does not apply to any home 22 rule unit. 23 (4) The State Registrar shall exchange with the Illinois 24 Department of Public Aid information that may be necessary 25 for the establishment of paternity and the establishment, 26 modification, and enforcement of child support orders entered 27 pursuant to the Illinois Public Aid Code, the Illinois 28 Marriage and Dissolution of Marriage Act, the Non-Support of 29 Spouse and Children Act, the Non-Support Punishment Act, the 30 Revised Uniform Reciprocal Enforcement of Support Act, the 31 Uniform Interstate Family Support Act, or the Illinois 32 Parentage Act of 1984. Notwithstanding any provisions in this 33 Act to the contrary, the State Registrar shall not be liable 34 to any person for any disclosure of information to the 35 Illinois Department of Public Aid under this subsection or -41- SRS91SB0019JJchccr4 1 for any 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 945. The Illinois Vehicle Code is amended by 5 changing Sections 2-109.1, 7-701, 7-702, 7-702.1, and 7-703 6 and by adding Sections 7-702.2, 7-705.1 and 7-706.1 as 7 follows: 8 (625 ILCS 5/2-109.1) 9 Sec. 2-109.1. Exchange of information. 10 (a) The Secretary of State shall exchange information 11 with the Illinois Department of Public Aid which may be 12 necessary for the establishment of paternity and the 13 establishment, modification, and enforcement of child support 14 orders pursuant to the Illinois Public Aid Code, the Illinois 15 Marriage and Dissolution of Marriage Act, the Non-Support of 16 Spouse and Children Act, the Non-Support Punishment Act, the 17 Revised Uniform Reciprocal Enforcement of Support Act, the 18 Uniform Interstate Family Support Act, or the Illinois 19 Parentage Act of 1984. 20 (b) Notwithstanding any provisions in this Code to the 21 contrary, the Secretary of State shall not be liable to any 22 person for any disclosure of information to the Illinois 23 Department of Public Aid under subsection (a) or for any 24 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 (625 ILCS 5/7-701) 28 Sec. 7-701. Findings and purpose. The General Assembly 29 finds that the timely receipt of adequate financial support 30 has the effect of reducing poverty and State expenditures for 31 welfare dependency among children, and that the timely 32 payment of adequate child support demonstrates financial -42- SRS91SB0019JJchccr4 1 responsibility. Further, the General Assembly finds that the 2 State has a compelling interest in ensuring that drivers 3 within the State demonstrate financial responsibility, 4 including family financial responsibility, in order to safely 5 own and operate a motor vehicle. To this end, the Secretary 6 of State is authorized to establish systems a systemto 7 suspend driver's licenses for failure to comply with court 8 orders of support. 9 (Source: P.A. 89-92, eff. 7-1-96.) 10 (625 ILCS 5/7-702) 11 Sec. 7-702. Suspension of driver's license for failure 12 to pay child support. 13 (a) The Secretary of State shall suspend the driver's 14 license issued to an obligor upon receiving an authenticated 15 report provided for in subsection (a) of Section 7-703, that 16 the person is 90 days or more delinquent in court ordered 17 child support payments or has been adjudicated in arrears in 18 an amount equal to 90 days obligation or more, and has been 19 found in contempt by the court for failure to pay the 20 support. 21 (b) The Secretary of State shall suspend the driver's 22 license issued to an obligor upon receiving an authenticated 23 document provided for in Subsection (b) of Section 7-703, 24 that the person has been adjudicated in arrears in court 25 ordered child support payments in an amount equal to 90 days 26 obligation or more, but has not been held in contempt of 27 court, and that the court has ordered that the person's 28 driving privileges be suspended. The obligor's driver's 29 license shall be suspended until such time as the Secretary 30 of State receives authenticated documentation that the 31 obligor is in compliance with the court order of support. 32 When the obligor complies with the court ordered child 33 support payments, the circuit court shall report the 34 obligor's compliance with the court order of support to the -43- SRS91SB0019JJchccr4 1 Secretary of State, on a form prescribed by the Secretary of 2 State, and shall order that the obligor's driver's license be 3 reinstated. 4 (Source: P.A. 89-92, eff. 7-1-96.) 5 (625 ILCS 5/7-702.1) 6 Sec. 7-702.1. Family financial responsibility driving 7 permits. Following the entry of an order that an obligor has 8 been found in contempt by the court for failure to pay court 9 ordered child support payments or upon a motion by the 10 obligor who is subject to having his or her driver's license 11 suspended pursuant to subsection (b) of Section 7-703, the 12 court may enter an order directing the Secretary of State to 13 issue a family financial responsibility driving permit for 14 the purpose of providing the obligor the privilege of 15 operating a motor vehicle between the obligor's residence and 16 place of employment, or within the scope of employment 17 related duties; or for the purpose of providing 18 transportation for the obligor or a household member to 19 receive alcohol treatment, other drug treatment, or medical 20 care. The court may enter an order directing the issuance of 21 a permit only if the obligor has proven to the satisfaction 22 of the court that no alternative means of transportation are 23 reasonably available for the above stated purposes. No 24 permit shall be issued to a person under the age of 16 years 25 who possesses an instruction permit. 26 Upon entry of an order granting the issuance of a permit 27 to an obligor, the court shall report this finding to the 28 Secretary of State on a form prescribed by the Secretary. 29 This form shall state whether the permit has been granted for 30 employment or medical purposes and the specific days and 31 hours for which limited driving privileges have been granted. 32 The family financial responsibility driving permit shall 33 be subject to cancellation, invalidation, suspension, and 34 revocation by the Secretary of State in the same manner and -44- SRS91SB0019JJchccr4 1 for the same reasons as a driver's license may be cancelled, 2 invalidated, suspended, or revoked. 3 The Secretary of State shall, upon receipt of a certified 4 court order from the court of jurisdiction, issue a family 5 financial responsibility driving permit. In order for this 6 permit to be issued, an individual's driving privileges must 7 be valid except for the family financial responsibility 8 suspension. This permit shall be valid only for employment 9 and medical purposes as set forth above. The permit shall 10 state the days and hours for which limited driving privileges 11 have been granted. 12 Any submitted court order that contains insufficient data 13 or fails to comply with any provision of this Code shall not 14 be used for issuance of the permit or entered to the 15 individual's driving record but shall be returned to the 16 court of jurisdiction indicating why the permit cannot be 17 issued at that time. The Secretary of State shall also send 18 notice of the return of the court order to the individual 19 requesting the permit. 20 (Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.) 21 (625 ILCS 5/7-702.2 new) 22 Sec. 7-702.2. Written agreement to pay past-due support. 23 (a) An obligor who is presently unable to pay all 24 past-due support and is subject to having his or her license 25 suspended pursuant to subsection (b) of Section 7-703 may 26 come into compliance with the court order for support by 27 executing a written payment agreement that is approved by the 28 court and by complying with that agreement. A condition of a 29 written payment agreement must be that the obligor pay the 30 current child support when due. Before a written payment 31 agreement is executed, the obligor shall: 32 (1) Disclose fully to the court in writing, on a 33 form prescribed by the court, the obligor's financial 34 circumstances, including income from all sources, assets, -45- SRS91SB0019JJchccr4 1 liabilities, and work history for the past year; and 2 (2) Provide documentation to the court concerning 3 the obligor's financial circumstances, including copies 4 of the most recent State and federal income tax returns, 5 both personal and business; a copy of a recent pay stub 6 representative of current income; and copies of other 7 records that show the obligor's income and the present 8 level of assets held by the obligor. 9 (b) After full disclosure, the court may determine the 10 obligor's ability to pay past-due support and may approve a 11 written payment agreement consistent with the obligor's 12 ability to pay, not to exceed the court-ordered support. 13 (625 ILCS 5/7-703) 14 Sec. 7-703. Courts to report non-payment of court 15 ordered support. 16 (a) The clerk of the circuit court, as provided in 17 subsection (b) of Section 505 of the Illinois Marriage and 18 Dissolution of Marriage Act or as provided in Section 15 of 19 the Illinois Parentage Act of 1984, shall forward to the 20 Secretary of State, on a form prescribed by the Secretary, an 21 authenticated document certifying the court's order 22 suspending the driving privileges of the obligor. For any 23 such certification, the clerk of the court shall charge the 24 obligor a fee of $5 as provided in the Clerks of Courts Act. 25 (b) If an obligor has been adjudicated in arrears in 26 court ordered child support payments in an amount equal to 90 27 days obligation or more but has not been held in contempt of 28 court, the circuit court may order that the obligor's driving 29 privileges be suspended. If the circuit court orders that 30 the obligor's driving privileges be suspended, it shall 31 forward to the Secretary of State, on a form prescribed by 32 the Secretary, an authenticated document certifying the 33 court's order suspending the driving privileges of the 34 obligor. The authenticated document shall be forwarded to -46- SRS91SB0019JJchccr4 1 the Secretary of State by the court no later than 45 days 2 after entry of the order suspending the obligor's driving 3 privileges. 4 (Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.) 5 (625 ILCS 5/7-705.1 new) 6 Sec. 7-705.1. Notice of noncompliance with support 7 order. Before forwarding to the Secretary of State the 8 authenticated document under subsection (b) of Section 7-703, 9 the circuit court must serve notice upon the obligor of its 10 intention to suspend the obligor's driver's license for being 11 adjudicated in arrears in court ordered child support 12 payments in an amount equal to 90 days obligation. The 13 notice must inform the obligor that: 14 (a) If the obligor is presently unable to pay all 15 past-due support, the obligor may come into compliance with 16 the support order by executing a written payment agreement 17 with the court, as provided in Section 7-702.2, and by 18 complying with that agreement; 19 (b) The obligor may contest the issue of compliance at a 20 hearing; 21 (c) A request for a hearing must be made in writing and 22 must be received by the clerk of the circuit court; 23 (d) If the obligor does not request a hearing to contest 24 the issue of compliance within 45 days after the notice of 25 noncompliance is mailed, the court may order that the 26 obligor's driver's license be suspended as provided for in 27 subsection (b) of Section 7-703: 28 (e) If the circuit court certifies the obligor to the 29 Secretary of State for noncompliance with an order of 30 support, the Secretary of State must suspend any driver's 31 license or instruction permit the obligor holds and the 32 obligor's right to apply for or obtain a driver's license or 33 instruction permit until the obligor comes into compliance 34 with the order of support; -47- SRS91SB0019JJchccr4 1 (f) If the obligor files a motion to modify support with 2 the court or requests the court to modify a support 3 obligation, the circuit court shall stay action to certify 4 the obligor to the Secretary of State for noncompliance with 5 an order of support; and 6 (g) The obligor may comply with an order of support by 7 doing all of the following: 8 (1) Paying the current support; 9 (2) Paying all past-due support or, if unable to 10 pay all past-due support and a periodic payment for past 11 due support has not been ordered by the court, by making 12 periodic payments in accordance with a written payment 13 agreement approved by the court; and 14 (3) Meeting the obligor's health insurance 15 obligation. 16 The notice must include the address and telephone number 17 of the clerk of the circuit court. The clerk of the circuit 18 court shall attach a copy of the obligor's order of support 19 to the notice. The notice must be served by certified mail, 20 return receipt requested, by service in hand, or as specified 21 in the Code of Civil Procedure. 22 (625 ILCS 5/7-706.1 new) 23 Sec. 7-706.1. Hearing for compliance with support order. 24 (a) An obligor may request in writing to the clerk of 25 the circuit court a hearing to contest the claim of 26 noncompliance with an order of support and his or her 27 subsequent driver's license suspension under subsection (b) 28 of Section 7-702. 29 (b) If a written request for a hearing is received by 30 the clerk of the circuit court, the clerk of the circuit 31 court shall set the hearing before the circuit court. 32 (c) Upon the obligor's written request, the court must 33 set a date for a hearing and afford the obligor an 34 opportunity for a hearing as early as practical. -48- SRS91SB0019JJchccr4 1 (d) The scope of this hearing is limited to the 2 following issues: 3 (1) Whether the obligor is required to pay child 4 support under an order of support. 5 (2) Whether the obligor has been adjudicated in 6 arrears in court ordered child support payments in an 7 amount equal to 90 days obligation or more. 8 (3) Any additional issues raised by the obligor, 9 including the reasonableness of a payment agreement in 10 light of the obligor's current financial circumstances, 11 to be preserved for appeal. 12 (e) All hearings and hearing procedures shall comply 13 with requirements of the Illinois Constitution and the United 14 States Constitution, so that no person is deprived of due 15 process of law nor denied equal protection of the laws. All 16 hearings shall be held before a judge of the circuit court in 17 the county in which the support order has been entered. 18 Appropriate records of the hearings shall be kept. Where a 19 transcript of the hearing is taken, the person requesting the 20 hearing shall have the opportunity to order a copy of the 21 transcript at his or her own expense. 22 (f) The action of the circuit court resulting in the 23 suspension of any driver's license shall be a final judgment 24 for purposes of appellate review. 25 Section 955. The Unified Code of Corrections is amended 26 by changing Section 3-5-4 as follows: 27 (730 ILCS 5/3-5-4) 28 Sec. 3-5-4. Exchange of information for child support 29 enforcement. 30 (a) The Department shall exchange with the Illinois 31 Department of Public Aid information that may be necessary 32 for the enforcement of child support orders entered pursuant 33 to the Illinois Public Aid Code, the Illinois Marriage and -49- SRS91SB0019JJchccr4 1 Dissolution of Marriage Act, the Non-Support of Spouse and 2 Children Act, the Non-Support Punishment Act, the Revised 3 Uniform Reciprocal Enforcement of Support Act, the Uniform 4 Interstate Family Support Act, or the Illinois Parentage Act 5 of 1984. 6 (b) Notwithstanding any provisions in this Code to the 7 contrary, the Department shall not be liable to any person 8 for any disclosure of information to the Illinois Department 9 of Public Aid under subsection (a) or for any other action 10 taken in good faith to comply with the requirements of 11 subsection (a). 12 (Source: P.A. 90-18, eff. 1-1-97.) 13 Section 960. The Code of Civil Procedure is amended by 14 changing Sections 2-1403 and 12-819 as follows: 15 (735 ILCS 5/2-1403) (from Ch. 110, par. 2-1403) 16 Sec. 2-1403. Judgment debtor as beneficiary of trust. No 17 court, except as otherwise provided in this Section, shall 18 order the satisfaction of a judgment out of any property held 19 in trust for the judgment debtor if such trust has, in good 20 faith, been created by, or the fund so held in trust has 21 proceeded from, a person other than the judgment debtor. 22 The income or principal of a trust shall be subject to 23 withholding for the purpose of securing collection of unpaid 24 child support obligations owed by the beneficiary as provided 25 in Section 4.1 of the "Non-Support of Spouse and Children 26 Act", Section 22 of the Non-Support Punishment Act, and 27 similar Sections of other Acts which provide for support of a 28 child as follows: 29 (1) income may be withheld if the beneficiary is 30 entitled to a specified dollar amount or percentage of the 31 income of the trust, or is the sole income beneficiary; and 32 (2) principal may be withheld if the beneficiary has a 33 right to withdraw principal, but not in excess of the amount -50- SRS91SB0019JJchccr4 1 subject to withdrawal under the instrument, or if the 2 beneficiary is the only beneficiary to whom discretionary 3 payments of principal may be made by the trustee. 4 (Source: P.A. 85-1209.) 5 (735 ILCS 5/12-819) (from Ch. 110, par. 12-819) 6 Sec. 12-819. Limitations on part 8 of Article XII. The 7 provisions of this Part 8 of Article XII of this Act do not 8 apply to orders for withholding of income entered by the 9 court under provisions of The Illinois Public Aid Code, the 10 Illinois Marriage and Dissolution of Marriage Act, the 11 Non-Support of Spouse and Children Act, the Non-Support 12 Punishment Act, the Revised Uniform Reciprocal Enforcement of 13 Support Act and the Paternity Act for support of a child or 14 maintenance of a spouse. 15 (Source: P.A. 84-1043.) 16 Section 965. The Illinois Wage Assignment Act is amended 17 by changing Section 11 as follows: 18 (740 ILCS 170/11) (from Ch. 48, par. 39.12) 19 Sec. 11. The provisions of this Act do not apply to 20 orders for withholding of income entered by the court under 21 provisions of The Illinois Public Aid Code, the Illinois 22 Marriage and Dissolution of Marriage Act, the Non-Support of 23 Spouse and Children Act, the Non-Support Punishment Act, the 24 Revised Uniform Reciprocal Enforcement of Support Act and the 25 Paternity Act for support of a child or maintenance of a 26 spouse. 27 (Source: P.A. 83-658.) 28 Section 970. The Illinois Marriage and Dissolution of 29 Marriage Act is amended by changing Section 713 as follows: 30 (750 ILCS 5/713) (from Ch. 40, par. 713) -51- SRS91SB0019JJchccr4 1 Sec. 713. Attachment of the Body. As used in this 2 Section, "obligor" has the same meaning ascribed to such term 3 in the Income Withholding for Support Act. 4 (a) In any proceeding to enforce an order for support, 5 where the obligor has failed to appear in court pursuant to 6 order of court and after due notice thereof, the court may 7 enter an order for the attachment of the body of the obligor. 8 Notices under this Section shall be served upon the obligor 9 either (1) by prepaid certified mail with delivery restricted 10 to the obligor, or (2) by personal service on the obligor. 11 The attachment order shall fix an amount of escrow which is 12 equal to a minimum of 20% of the total child support 13 arrearage alleged by the obligee in sworn testimony to be due 14 and owing. The attachment order shall direct the Sheriff of 15 any county in Illinois to take the obligor into custody and 16 shall set the number of days following release from custody 17 for a hearing to be held at which the obligor must appear, if 18 he is released under subsection (c) of this Section. 19 (b) If the obligor is taken into custody, the Sheriff 20 shall take the obligor before the court which entered the 21 attachment order. However, the Sheriff may release the 22 person after he or she has deposited the amount of escrow 23 ordered by the court pursuant to local procedures for the 24 posting of bond. The Sheriff shall advise the obligor of the 25 hearing date at which the obligor is required to appear. 26 (c) Any escrow deposited pursuant to this Section shall 27 be transmitted to the Clerk of the Circuit Court for the 28 county in which the order for attachment of the body of the 29 obligor was entered. Any Clerk who receives money deposited 30 into escrow pursuant to this Section shall notify the 31 obligee, public office or legal counsel whose name appears on 32 the attachment order of the court date at which the obligor 33 is required to appear and the amount deposited into escrow. 34 The Clerk shall disburse such money to the obligee only under 35 an order from the court that entered the attachment order -52- SRS91SB0019JJchccr4 1 pursuant to this Section. 2 (d) Whenever an obligor is taken before the court by the 3 Sheriff, or appears in court after the court has ordered the 4 attachment of his body, the court shall: 5 (1) hold a hearing on the complaint or petition 6 that gave rise to the attachment order. For purposes of 7 determining arrearages that are due and owing by the 8 obligor, the court shall accept the previous sworn 9 testimony of the obligee as true and the appearance of 10 the obligee shall not be required. The court shall 11 require sworn testimony of the obligor as to his or her 12 Social Security number, income, employment, bank 13 accounts, property and any other assets. If there is a 14 dispute as to the total amount of arrearages, the court 15 shall proceed as in any other case as to the undisputed 16 amounts; and 17 (2) order the Clerk of the Circuit Court to 18 disburse to the obligee or public office money held in 19 escrow pursuant to this Section if the court finds that 20 the amount of arrearages exceeds the amount of the 21 escrow. Amounts received by the obligee or public office 22 shall be deducted from the amount of the arrearages. 23 (e) If the obligor fails to appear in court after being 24 notified of the court date by the Sheriff upon release from 25 custody, the court shall order any monies deposited into 26 escrow to be immediately released to the obligee or public 27 office and shall proceed under subsection (a) of this Section 28 by entering another order for the attachment of the body of 29 the obligor. 30 (f) This Section shall apply to any order for support 31 issued under the "Illinois Marriage and Dissolution of 32 Marriage Act", approved September 22, 1977, as amended; the 33 "Illinois Parentage Act of 1984", effective July 1, 1985, as 34 amended; the "Revised Uniform Reciprocal Enforcement of 35 Support Act", approved August 28, 1969, as amended; "The -53- SRS91SB0019JJchccr4 1 Illinois Public Aid Code", approved April 11, 1967, as 2 amended; the Non-Support Punishment Act; and the "Non-support 3 of Spouse and Children Act", approved June 8, 1953, as 4 amended. 5 (g) Any escrow established pursuant to this Section for 6 the purpose of providing support shall not be subject to fees 7 collected by the Clerk of the Circuit Court for any other 8 escrow. 9 (Source: P.A. 90-673, eff. 1-1-99.) 10 Section 975. The Uniform Interstate Family Support Act 11 is amended by changing Section 101 as follows: 12 (750 ILCS 22/101) 13 Sec. 101. Definitions. In this Act: 14 "Child" means an individual, whether over or under the 15 age of 18, who is or is alleged to be owed a duty of support 16 by the individual's parent or who is or is alleged to be the 17 beneficiary of a support order directed to the parent. 18 "Child-support order" means a support order for a child, 19 including a child who has attained the age of 18. 20 "Duty of support" means an obligation imposed or 21 imposable by law to provide support for a child, spouse, or 22 former spouse including an unsatisfied obligation to provide 23 support. 24 "Home state" means the state in which a child lived with 25 a parent or a person acting as parent for at least 6 26 consecutive months immediately preceding the time of filing 27 of a petition or comparable pleading for support, and if a 28 child is less than 6 months old, the state in which the child 29 lived from birth with any of them. A period of temporary 30 absence of any of them is counted as part of the 6-month or 31 other period. 32 "Income" includes earnings or other periodic entitlements 33 to money from any source and any other property subject to -54- SRS91SB0019JJchccr4 1 withholding for support under the law of this State. 2 "Income-withholding order" means an order or other legal 3 process directed to an obligor's employer or other debtor, as 4 defined by the Illinois Marriage and Dissolution of Marriage 5 Act, the Non-Support of Spouse and Children Act, the 6 Non-Support Punishment Act, the Illinois Public Aid Code, and 7 the Illinois Parentage Act of 1984, to withhold support from 8 the income of the obligor. 9 "Initiating state" means a state from which a proceeding 10 is forwarded or in which a proceeding is filed for forwarding 11 to a responding state under this Act or a law or procedure 12 substantially similar to this Act. 13 "Initiating tribunal" means the authorized tribunal in an 14 initiating state. 15 "Issuing state" means the state in which a tribunal 16 issues a support order or renders a judgment determining 17 parentage. 18 "Issuing tribunal" means the tribunal that issues a 19 support order or renders a judgment determining parentage. 20 "Obligee" means: 21 (i) an individual to whom a duty of support is or 22 is alleged to be owed or in whose favor a support order 23 has been issued or a judgment determining parentage has 24 been rendered; 25 (ii) a state or political subdivision to which the 26 rights under a duty of support or support order have been 27 assigned or which has independent claims based on 28 financial assistance provided to an individual obligee; 29 or 30 (iii) an individual seeking a judgment determining 31 parentage of the individual's child. 32 "Obligor" means an individual, or the estate of a 33 decedent: (i) who owes or is alleged to owe a duty of 34 support; (ii) who is alleged but has not been adjudicated to 35 be a parent of a child; or (iii) who is liable under a -55- SRS91SB0019JJchccr4 1 support order. 2 "Register" means to record a support order or judgment 3 determining parentage in the appropriate Registry of Foreign 4 Support Orders. 5 "Registering tribunal" means a tribunal in which a 6 support order is registered. 7 "Responding state" means a state in which a proceeding is 8 filed or to which a proceeding is forwarded for filing from 9 an initiating state under this Act or a law or procedure 10 substantially similar to this Act. 11 "Responding tribunal" means the authorized tribunal in a 12 responding state. 13 "Spousal-support order" means a support order for a 14 spouse or former spouse of the obligor. 15 "State" means a state of the United States, the District 16 of Columbia, Puerto Rico, the United States Virgin Islands, 17 or any territory or insular possession subject to the 18 jurisdiction of the United States. The term includes: 19 (i) an Indian tribe; and 20 (ii) a foreign jurisdiction that has enacted a law 21 or established procedures for issuance and enforcement of 22 support orders which are substantially similar to the 23 procedures under this Act, the Uniform Reciprocal 24 Enforcement of Support Act, or the Revised Uniform 25 Reciprocal Enforcement of Support Act. 26 "Support enforcement agency" means a public official or 27 agency authorized to seek: 28 (1) enforcement of support orders or laws relating to 29 the duty of support; 30 (2) establishment or modification of child support; 31 (3) determination of parentage; or 32 (4) to locate obligors or their assets. 33 "Support order" means a judgment, decree, or order, 34 whether temporary, final, or subject to modification, for the 35 benefit of a child, a spouse, or a former spouse, which -56- SRS91SB0019JJchccr4 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 980. 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 33 this Act may be challenged in court only on the basis of -57- SRS91SB0019JJchccr4 1 fraud, duress, or material mistake of fact, with the burden 2 of proof upon the challenging party. Pending outcome of the 3 challenge to the acknowledgment of paternity, the legal 4 responsibilities of the signatories shall remain in full 5 force and effect, except upon order of the court upon a 6 showing of good cause. 7 (e) Once a parent and child relationship is established 8 in accordance with subsection (a), an order for support may 9 be established pursuant to a petition to establish an order 10 for support by consent filed with the clerk of the circuit 11 court. A copy of the properly completed acknowledgment of 12 parentage form shall be attached to the petition. The 13 petition shall ask that the circuit court enter an order for 14 support. The petition may ask that an order for visitation, 15 custody, or guardianship be entered. The filing and 16 appearance fees provided under the Clerks of Courts Act shall 17 be waived for all cases in which an acknowledgment of 18 parentage form has been properly completed by the parties and 19 in which a petition to establish an order for support by 20 consent has been filed with the clerk of the circuit court. 21 This subsection shall not be construed to prohibit filing any 22 petition for child support, visitation, or custody under this 23 Act, the Illinois Marriage and Dissolution of Marriage Act, 24 or the Non-Support Punishment of Spouse and ChildrenAct. 25 This subsection shall also not be construed to prevent the 26 establishment of an administrative support order in cases 27 involving persons receiving child support enforcement 28 services under Article X of the Illinois Public Aid Code. 29 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.) 30 Section 985. The Business Corporation Act of 1983 is 31 amended by changing Section 1.25 as follows: 32 (805 ILCS 5/1.25) (from Ch. 32, par. 1.25) 33 Sec. 1.25. List of corporations; exchange of -58- SRS91SB0019JJchccr4 1 information. 2 (a) The Secretary of State shall publish each year a 3 list of corporations filing an annual report for the 4 preceding year in accordance with the provisions of this Act, 5 which report shall state the name of the corporation and the 6 respective names and addresses of the president, secretary, 7 and registered agent thereof and the address of the 8 registered office in this State of each such corporation. The 9 Secretary of State shall furnish without charge a copy of 10 such report to each recorder of this State, and to each 11 member of the General Assembly and to each State agency or 12 department requesting the same. The Secretary of State shall, 13 upon receipt of a written request and a fee as determined by 14 the Secretary, furnish such report to anyone else. 15 (b) (1) The Secretary of State shall publish daily a 16 list of all newly formed corporations, business and not for 17 profit, chartered by him on that day issued after receipt of 18 the application. The daily list shall contain the same 19 information as to each corporation as is provided for the 20 corporation list published under subsection (a) of this 21 Section. The daily list may be obtained at the Secretary's 22 office by any person, newspaper, State department or agency, 23 or local government for a reasonable charge to be determined 24 by the Secretary. Inspection of the daily list may be made 25 at the Secretary's office during normal business hours 26 without charge by any person, newspaper, State department or 27 agency, or local government. 28 (2) The Secretary shall compile the daily list mentioned 29 in paragraph (1) of subsection (b) of this Section monthly, 30 or more often at the Secretary's discretion. The compilation 31 shall be immediately mailed free of charge to all local 32 governments requesting in writing receipt of such 33 publication, or shall be automatically mailed by the 34 Secretary without charge to local governments as determined 35 by the Secretary. The Secretary shall mail a copy of the -59- SRS91SB0019JJchccr4 1 compilations free of charge to all State departments or 2 agencies making a written request. A request for a 3 compilation of the daily list once made by a local government 4 or State department or agency need not be renewed. However, 5 the Secretary may request from time to time whether the local 6 governments or State departments or agencies desire to 7 continue receiving the compilation. 8 (3) The compilations of the daily list mentioned in 9 paragraph (2) of subsection (b) of this Section shall be 10 mailed to newspapers, or any other person not included as a 11 recipient in paragraph (2) of subsection (b) of this Section, 12 upon receipt of a written application signed by the applicant 13 and accompanied by the payment of a fee as determined by the 14 Secretary. 15 (c) If a domestic or foreign corporation has filed with 16 the Secretary of State an annual report for the preceding 17 year or has been newly formed or is otherwise and in any 18 manner registered with the Secretary of State, the Secretary 19 of State shall exchange with the Illinois Department of 20 Public Aid any information concerning that corporation that 21 may be necessary for the enforcement of child support orders 22 entered pursuant to the Illinois Public Aid Code, the 23 Illinois Marriage and Dissolution of Marriage Act, the 24 Non-Support of Spouse and Children Act, the Non-Support 25 Punishment Act, the Revised Uniform Reciprocal Enforcement of 26 Support Act, the Uniform Interstate Family Support Act, or 27 the Illinois Parentage Act of 1984. 28 Notwithstanding any provisions in this Act to the 29 contrary, the Secretary of State shall not be liable to any 30 person for any disclosure of information to the Illinois 31 Department of Public Aid under this subsection or for any 32 other action taken in good faith to comply with the 33 requirements of this subsection. 34 (Source: P.A. 90-18, eff. 7-1-97.) -60- SRS91SB0019JJchccr4 1 Section 990. The Limited Liability Company Act is 2 amended by changing Section 50-5 as follows: 3 (805 ILCS 180/50-5) 4 Sec. 50-5. List of limited liability companies; exchange 5 of information. 6 (a) The Secretary of State may publish a list or lists 7 of limited liability companies and foreign limited liability 8 companies, as often, in the format, and for the fees as the 9 Secretary of State may in his or her discretion provide by 10 rule. The Secretary of State may disseminate information 11 concerning limited liability companies and foreign limited 12 liability companies by computer network in the format and for 13 the fees as may be determined by rule. 14 (b) Upon written request, any list published under 15 subsection (a) shall be free to each member of the General 16 Assembly, to each State agency or department, and to each 17 recorder in this State. An appropriate fee established by 18 rule to cover the cost of producing the list shall be charged 19 to all others. 20 (c) If a domestic or foreign limited liability company 21 has filed with the Secretary of State an annual report for 22 the preceding year or has been newly formed or is otherwise 23 and in any manner registered with the Secretary of State, the 24 Secretary of State shall exchange with the Illinois 25 Department of Public Aid any information concerning that 26 limited liability company that may be necessary for the 27 enforcement of child support orders entered pursuant to the 28 Illinois Public Aid Code, the Illinois Marriage and 29 Dissolution of Marriage Act, the Non-Support of Spouse and 30 Children Act, the Non-Support Punishment Act, the Revised 31 Uniform Reciprocal Enforcement of Support Act, the Uniform 32 Interstate Family Support Act, or the Illinois Parentage Act 33 of 1984. 34 Notwithstanding any provisions in this Act to the -61- SRS91SB0019JJchccr4 1 contrary, the Secretary of State shall not be liable to any 2 person for any disclosure of information to the Illinois 3 Department of Public Aid under this subsection or for any 4 other action taken in good faith to comply with the 5 requirements of this subsection. 6 (Source: P.A. 90-18, eff. 7-1-97.) 7 (750 ILCS 15/Act rep.) 8 Section 992. Repealer. The Non-Support of Spouse and 9 Children Act is repealed. 10 Section 995. Certain actions to be determined under 11 prior law. An action that was commenced under the 12 Non-Support of Spouse and Children Act and is pending on the 13 effective date of this Act shall be decided in accordance 14 with the Non-Support of Spouse and Children Act as it existed 15 immediately before its repeal by this Act. 16 Section 999. Effective date. This Act takes effect on 17 October 1, 1999, except that Section 945 takes effect July 1, 18 2000.". 19 Submitted on May 26, 1999 20 s/Sen. Patrick O'Malley s/Rep. Louis Lang 21 s/Sen. Carl Hawkinson s/Rep. Thomas Dart 22 s/Sen. Kirk Dillard Rep. Barbara Flynn Currie 23 s/Sen. Barack Obama s/Rep. Art Tenhouse 24 s/Sen. John Cullerton s/Rep. Eileen Lyons 25 Committee for the Senate Committee for the House
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