State of Illinois
92nd General Assembly
Legislation

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92_HB1912

 
                                               LRB9206548DJgc

 1        AN ACT concerning child support.

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

 4        Section 5.  The Illinois Administrative Procedure Act  is
 5    amended by changing Section 10-65 as follows:

 6        (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
 7        Sec. 10-65.  Licenses.
 8        (a)  When any licensing is required by law to be preceded
 9    by notice and an opportunity for a hearing, the provisions of
10    this Act concerning contested cases shall apply.
11        (b)  When  a  licensee  has  made  timely  and sufficient
12    application for the renewal of a license  or  a  new  license
13    with  reference  to  any activity of a continuing nature, the
14    existing license shall continue  in  full  force  and  effect
15    until  the  final agency decision on the application has been
16    made unless a later date is fixed by  order  of  a  reviewing
17    court.
18        (c)  An application for the renewal of a license or a new
19    license shall include the applicant's social security number.
20    Each  agency  shall  require  the  licensee to certify on the
21    application form, under penalty of perjury, that he or she is
22    not more than 30 days delinquent in complying  with  a  child
23    support order.  Every application shall state that failure to
24    so  certify  shall  result  in  disciplinary action, and that
25    making a false statement may subject the licensee to contempt
26    of court.  The agency shall notify each applicant or licensee
27    who acknowledges a delinquency or who, contrary to his or her
28    certification,  is  found  to  be  delinquent  or  who  after
29    receiving notice, fails to comply with a subpoena or  warrant
30    relating  to  a paternity or a child support proceeding, that
31    the agency intends to take disciplinary action.  Accordingly,
 
                            -2-                LRB9206548DJgc
 1    the agency shall provide  written  notice  of  the  facts  or
 2    conduct  upon  which  the  agency  will  rely  to support its
 3    proposed action and the applicant or licensee shall be  given
 4    an   opportunity   for  a  hearing  in  accordance  with  the
 5    provisions  of  the  Act  concerning  contested  cases.   Any
 6    delinquency in complying with a child support  order  can  be
 7    remedied  by  arranging  for  payment of past due and current
 8    support.  Any failure to comply with a  subpoena  or  warrant
 9    relating  to  a  paternity or child support proceeding can be
10    remedied by complying with the subpoena or warrant.   Upon  a
11    final  finding  of  delinquency  or  failure to comply with a
12    subpoena or warrant, the agency  shall  suspend,  revoke,  or
13    refuse  to  issue or renew the license. In cases in which the
14    Department of Public Aid (before the effective date  of  this
15    amendatory  Act of the 92nd General Assembly) or the Attorney
16    General (on or after that  date)  has  previously  determined
17    that  an  applicant  or  a  licensee  is  more  than  30 days
18    delinquent  in  the  payment  of  child   support   and   has
19    subsequently  certified  the  delinquency  to  the  licensing
20    agency,  and  in  cases  in  which  a  court  has  previously
21    determined   that  an  applicant  or  licensee  has  been  in
22    violation of the Non-Support Punishment Act for more than  60
23    days,  the licensing agency shall refuse to issue or renew or
24    shall revoke or suspend that person's  license  based  solely
25    upon  the certification of delinquency made by the Department
26    of Public Aid or the Attorney General or the certification of
27    violation made by the court.  Further process,  hearings,  or
28    redetermination  of  the  delinquency  or  violation  by  the
29    licensing  agency  shall  not  be  required.    The licensing
30    agency may issue or renew  a  license  if  the  licensee  has
31    arranged  for  payment  of  past  and  current  child support
32    obligations in a manner satisfactory  to  the  Department  of
33    Public  Aid (before the effective date of this amendatory Act
34    of the 92nd General Assembly) or the Attorney General (on and
 
                            -3-                LRB9206548DJgc
 1    after that date) the for the court.  The licensing agency may
 2    impose conditions, restrictions, or disciplinary action  upon
 3    that license.
 4        (d)  Except  as  provided  in  subsection  (c), no agency
 5    shall revoke, suspend, annul, withdraw, amend materially,  or
 6    refuse  to  renew  any  valid  license  without  first giving
 7    written notice to the licensee of the facts or  conduct  upon
 8    which the agency will rely to support its proposed action and
 9    an   opportunity   for  a  hearing  in  accordance  with  the
10    provisions of this Act concerning contested  cases.   At  the
11    hearing, the licensee shall have the right to show compliance
12    with all lawful requirements for the retention, continuation,
13    or  renewal  of  the  license.  If, however, the agency finds
14    that the public interest,  safety,  or  welfare  imperatively
15    requires  emergency  action, and if the agency incorporates a
16    finding to that effect in its order, summary suspension of  a
17    license  may be ordered pending proceedings for revocation or
18    other action.  Those proceedings shall be promptly instituted
19    and determined.
20        (e)  Any  application  for  renewal  of  a  license  that
21    contains required and relevant information,  data,  material,
22    or  circumstances  that  were not contained in an application
23    for the existing license shall be subject to  the  provisions
24    of subsection (a).
25    (Source: P.A. 90-18, eff. 7-1-99; 91-613, eff. 10-1-99.)

26        Section  10.   The  Intergovernmental  Cooperation Act is
27    amended by changing Section 3 as follows:

28        (5 ILCS 220/3) (from Ch. 127, par. 743)
29        Sec.  3.  Intergovernmental  cooperation.  Any  power  or
30    powers, privileges,  functions,  or  authority  exercised  or
31    which  may  be exercised by a public agency of this State may
32    be exercised, combined, transferred, and enjoyed jointly with
 
                            -4-                LRB9206548DJgc
 1    any other public agency of this State and  jointly  with  any
 2    public  agency  of any other state or of the United States to
 3    the extent that laws of such other state  or  of  the  United
 4    States do not prohibit joint exercise or enjoyment and except
 5    where  specifically  and  expressly  prohibited  by law. This
 6    includes, but is not limited to, (i) arrangements between the
 7    Illinois Student Assistance Commission and agencies in  other
 8    states  which issue professional licenses and (ii) agreements
 9    between the Illinois Department of  Public  Aid  (before  the
10    effective  date  of  this  amendatory  Act  of  92nd  General
11    Assembly)  or  the  Attorney General (on and after that date)
12    and public agencies for the establishment and enforcement  of
13    child support orders and for the exchange of information that
14    may  be  necessary for the enforcement of those child support
15    orders.
16    (Source: P.A. 90-18, eff. 7-1-97; 91-298, eff. 7-29-99.)

17        Section 13.  The  Attorney  General  Act  is  amended  by
18    adding Sections 7.1 through 7.305 as follows:

19        (15 ILCS 205/7.1 new)
20        Sec.  7.1.  Transfer  of powers from Department of Public
21    Aid.
22        (a)  On the effective date of this amendatory Act of  the
23    92nd  General  Assembly,  all  the rights, powers, and duties
24    vested by law in the Illinois Department of Public Aid or the
25    Department's Child and Spouse Support Unit under Article X of
26    the Illinois Public Aid Code are transferred to the  Attorney
27    General.  Wherever, in any other Act, there is a reference to
28    the  Illinois  Department  of  Public Aid or the Department's
29    Child and Spouse Support Unit or to an officer, employee,  or
30    agent  of  that Department or Unit concerning rights, powers,
31    and duties vested or performed under the authority of Article
32    X of the Illinois Public Aid Code, that reference,  beginning
 
                            -5-                LRB9206548DJgc
 1    on  the  effective  date  of  this amendatory Act of the 92nd
 2    General Assembly, means the Attorney General, the  Child  and
 3    Spouse  Support  Unit  established under Section 7.20 of this
 4    Act, or an  officer,  employee,  or  agent  of  the  Attorney
 5    General  or  the  Child  and  Spouse Support Unit established
 6    under Section 7.20.
 7        (b)  All books, records, property, pending business,  and
 8    funds   pertaining   to   the   rights,  powers,  and  duties
 9    transferred under this Section and  in  the  custody  of  the
10    Illinois  Department  of Public Aid or the Department's Child
11    and Spouse  Support  Unit  on  the  effective  date  of  this
12    amendatory   Act  of  the  92nd  General  Assembly  shall  be
13    delivered and transferred to the  Attorney  General  on  that
14    date.
15        (c)  Beginning  on  the effective date of this amendatory
16    Act of the 92nd General Assembly,  the  rights,  powers,  and
17    duties  transferred  by  this Section to the Attorney General
18    shall be vested in and shall be  exercised  by  the  Attorney
19    General  subject  to  the  provisions of this Section through
20    Section 7.305.  Each  act  done  in  the  exercise  of  those
21    rights,  powers,  and duties shall have the same legal effect
22    as if done by the Illinois Department of Public Aid  or  that
23    Department's Child and Spouse Support Unit.
24        (d)  Beginning  on  the effective date of this amendatory
25    Act of the 92nd General  Assembly,  every  person  and  other
26    legal  entity  shall  be  subject to the same obligations and
27    duties, and civil and criminal penalties arising  from  those
28    obligations  and  duties,  and  shall  have  the  same rights
29    arising from the exercise of rights, powers,  and  duties  by
30    the Attorney General or an officer, employee, or agent of the
31    Attorney General, as if those rights, powers, and duties have
32    been exercised by the Illinois Department of Public Aid, that
33    Department's  Child  and  Spouse Support Unit, or an officer,
34    employee, or agent of that Department or Unit.
 
                            -6-                LRB9206548DJgc
 1        (e)  Whenever reports or notices are now required  to  be
 2    made  or  given or papers or documents furnished or served by
 3    any person to or upon the Illinois Department of  Public  Aid
 4    or  that  Department's  Child  and  Spouse Support Unit under
 5    Article X of the Illinois Public Aid Code, those  reports  or
 6    notices  shall,  on  and  after  the  effective  date of this
 7    amendatory Act of the 92nd General Assembly, be made,  given,
 8    furnished,  or  served  in  the  same  manner  to or upon the
 9    Attorney General.
10        (f)  The provisions of this Section through Section 7.305
11    do not affect any act done, ratified, or  cancelled,  or  any
12    right  occurring  or established, or any action or proceeding
13    had or commenced in an  administrative,  civil,  or  criminal
14    cause before the effective date of this amendatory Act of the
15    92nd  General  Assembly  by the Illinois Department of Public
16    Aid or that Department's Child and Spouse Support Unit  under
17    Article  X of the Illinois Public Aid Code, and those actions
18    or  proceedings  may  be  prosecuted  and  continued  by  the
19    Attorney General.
20        (g)  No  by-law,  rule,  or  regulation  adopted  by  the
21    Illinois Department of Public Aid as an exercise of a  right,
22    power,  or  duty  that  has  been transferred to the Attorney
23    General under this Section through  Section  7.305  shall  be
24    affected  by  those  Sections.  On the effective date of this
25    amendatory Act of the 92nd General Assembly,  those  by-laws,
26    rules,  and  regulations shall become the by-laws, rules, and
27    regulations of the Attorney General.
28        (h)  If waivers of any  federal  law  or  regulation  are
29    necessary  to  enable  the  Attorney General to implement any
30    provisions  of  this  amendatory  Act  of  the  92nd  General
31    Assembly, the Attorney General, promptly after the  effective
32    date  of  this  amendatory  Act of the 92nd General Assembly,
33    shall apply for those waivers, and  implementation  of  those
34    provisions  is  conditioned on the Attorney General's receipt
 
                            -7-                LRB9206548DJgc
 1    of those waivers.
 2        (i)  Personnel employed by  the  Illinois  Department  of
 3    Public  Aid to perform functions that are transferred by this
 4    amendatory Act of the 92nd General Assembly to  the  Attorney
 5    General shall, upon the effective date of this amendatory Act
 6    of  the 92nd General Assembly, become employees of the Office
 7    of the Attorney General.  All transferred employees  who  are
 8    members  of  collective  bargaining  units shall retain their
 9    seniority, continuous service, salary, and accrued  benefits.
10    During  the  pendency  of  the existing collective bargaining
11    agreement, the rights provided for under that  agreement  and
12    memoranda  and  supplements to that agreement, including, but
13    not limited to, the right  of  employees  in  the  Child  and
14    Spouse  Support Unit to positions in other State agencies and
15    the right of employees in other State agencies covered by the
16    agreement to positions in the Child and Spouse Support  Unit,
17    shall not be  abridged.
18        The  Office  of  the  Attorney  General shall continue to
19    honor all collective bargaining agreements in effect  at  the
20    time   of  the  transfer  and  to  recognize  all  collective
21    bargaining representatives for the employees who  perform  or
22    will perform functions transferred  by this amendatory Act of
23    the  92nd  General Assembly. For all purposes with respect to
24    the management of the existing agreement and the  negotiation
25    and  management  of  any  successor  agreements, the Attorney
26    General shall be deemed to be the employer of  employees  who
27    perform   or  will  perform  functions  transferred  by  this
28    amendatory Act of the 92nd General  Assembly;  provided  that
29    the  Illinois Department of Central Management Services shall
30    be a party to any grievance or  arbitration  proceeding  held
31    pursuant  to  the  provisions  of  the  collective bargaining
32    agreement which involves the movement of employees  from  the
33    Office  of  the  Attorney  General  to  an  agency  under the
34    jurisdiction of the Governor covered by the agreement.
 
                            -8-                LRB9206548DJgc
 1        (j)  Personnel employed by the Department of  Public  Aid
 2    to  perform  functions  that  are not clearly classifiable as
 3    being related to the determination and enforcement of support
 4    responsibility of relatives under Article X of  the  Illinois
 5    Public  Aid  Code  or  who  are  employed  to perform complex
 6    functions that are transferred only in part to  the  Attorney
 7    General  under  this  amendatory  Act  of  the  92nd  General
 8    Assembly  shall  be assigned to the appropriate Department by
 9    the Director of Public  Aid  and  the  Attorney  General,  in
10    consultation   with   the   Director  of  Central  Management
11    Services.
12        (k)  The rights of State employees, the  State,  and  its
13    agencies  under  applicable retirement plans are not affected
14    by this amendatory Act of the 92nd General Assembly.

15        (15 ILCS 205/7.5 new)
16        Sec. 7.5.  Public policy; persons eligible for  services;
17    fees.  It  is the intent of the Illinois Public Aid Code that
18    the financial aid and social welfare services provided  under
19    that  Code  supplement  rather  than supplant the primary and
20    continuing obligation of the family unit for self-support  to
21    the  fullest  extent  permitted by the resources available to
22    it. This primary and continuing  obligation  applies  whether
23    the  family  unit  of  parents and children or of husband and
24    wife remains intact and resides  in  a  common  household  or
25    whether  the  unit  has been broken by absence of one or more
26    members of the unit.  The obligation of the  family  unit  is
27    particularly  applicable  when  a  member  is  in necessitous
28    circumstances and lacks the means of a livelihood  compatible
29    with health and well-being.
30        It  is  the  purpose  of  Sections  7.1  through 7.305 to
31    provide  for  locating  an  absent  parent  or  spouse,   for
32    determining  his  financial  circumstances, and for enforcing
33    his legal obligation of support, if he  is  able  to  furnish
 
                            -9-                LRB9206548DJgc
 1    support,  in  whole  or  in part.  The Attorney General shall
 2    give priority to establishing, enforcing and  collecting  the
 3    current support obligation, and then to past due support owed
 4    to  the  family  unit,  except  with  respect  to collections
 5    effected through  the  intercept  programs  provided  for  in
 6    Sections 7.1 through 7.305.
 7        The  child  and  spouse  support  services provided under
 8    Sections 7.1 through 7.305 shall be furnished  dependents  of
 9    an  absent  parent  or  spouse  who  are  applicants  for  or
10    recipients  of  financial  aid  under the Illinois Public Aid
11    Code.  It is not, however, a  condition  of  eligibility  for
12    financial  aid  under  that Code that there be no responsible
13    relatives who are reasonably able to  provide  support.  Nor,
14    except  as provided in Section 4-1.7 of that Code and Section
15    7.50 of this Act, shall the existence of  such  relatives  or
16    their  payment  of  support  contributions disqualify a needy
17    person for financial aid.
18        By accepting financial aid under the Illinois Public  Aid
19    Code,  a spouse or a parent or other person having custody of
20    a child shall be deemed to have made assignment to the  State
21    of  Illinois  (for  aid under Articles III, IV, V, and VII of
22    that Code) or to a local governmental  unit  (for  aid  under
23    Article  VI  of that Code) of all rights, title, and interest
24    in any support obligation up to the amount of  financial  aid
25    provided  by that department or local governmental unit.  The
26    rights to support assigned to the State of Illinois or  local
27    governmental  unit  shall  constitute  an obligation owed the
28    State or  local  governmental  unit  by  the  person  who  is
29    responsible   for   providing   the  support,  and  shall  be
30    collectible under all applicable processes.
31        The Attorney General shall also  furnish  the  child  and
32    spouse   support  services  established  under  Sections  7.1
33    through 7.305 in behalf of spouses and dependent children who
34    are not applicants for or recipients of financial  aid  under
 
                            -10-               LRB9206548DJgc
 1    the   Illinois   Public  Aid  Code  in  accordance  with  the
 2    requirements of Title IV, Part D of the Social Security  Act.
 3    The  Attorney  General may establish a schedule of reasonable
 4    fees, to be paid for the services provided and may  deduct  a
 5    collection  fee,  not  to exceed 10% of the amount collected,
 6    from such collection. The Attorney General shall cause to  be
 7    published  and distributed publications reasonably calculated
 8    to inform the public that individuals who are not  recipients
 9    of or applicants for public aid under the Illinois Public Aid
10    Code  are  eligible for the child and spouse support services
11    under Sections 7.1 through 7.305.   Such  publications  shall
12    set  forth  an explanation, in plain language, that the child
13    and spouse support services program  is  independent  of  any
14    public  aid  program under the Code and that the receiving of
15    child and spouse support service in no way implies  that  the
16    person receiving such service is receiving public aid.

17        (15 ILCS 205/7.10 new)
18        Sec.  7.10.  Extent of liability. A husband is liable for
19    the support of his wife and a wife for  the  support  of  her
20    husband. The parents are severally liable  for the support of
21    any  child  under  the age of 18, except that a parent is not
22    liable for a child of any age if the child has married and is
23    not living with the parent  or  parents.   The  term  "child"
24    includes  a  child  born  out  of  wedlock or legally adopted
25    child.
26        In addition to the primary obligation of support  imposed
27    upon  responsible  relatives, such relatives, if individually
28    or together in any combination they have sufficient income or
29    other resources to support a needy person,  in  whole  or  in
30    part,  shall  be  liable for any financial aid extended under
31    the Illinois Public Aid Code to a person  for  whose  support
32    they  are responsible, including amounts expended for funeral
33    and burial costs.
 
                            -11-               LRB9206548DJgc
 1        (15 ILCS 205/7.15 new)
 2        Sec. 7.15.  Standard for determining ability to  support.
 3    The  Attorney  General  shall  establish  a standard by which
 4    shall be measured the ability  of  responsible  relatives  to
 5    provide  support,  and  shall implement the standard by rules
 6    governing its application.  The standard and the rules  shall
 7    take  into  account  the  buying  and consumption patterns of
 8    self-supporting persons of modest income, present  or  future
 9    contingencies  having  direct  bearing  on maintenance of the
10    relative's  self-support  status  and  fulfillment   of   his
11    obligations  to  his  immediate  family,  and  any unusual or
12    exceptional circumstances  including  estrangement  or  other
13    personal  or  social  factors,  that have a bearing on family
14    relationships and the relative's ability to meet his  support
15    obligations.   The  standard shall be recomputed periodically
16    to reflect changes in the cost of living and other  pertinent
17    factors.
18        In  addition  to  the  standard, the Attorney General may
19    establish guidelines to be used exclusively  to  measure  the
20    ability of responsible relatives to provide support on behalf
21    of  applicants  for  or  recipients  of  financial  aid under
22    Article IV of the Illinois Public Aid Code and other  persons
23    who are given access to the child and spouse support services
24    of  Sections  7.1  through  7.305  of this Act as provided in
25    Section 7.5.  In such case, the Attorney General  shall  base
26    the  guidelines  upon  the  applicable provisions of Sections
27    504, 505 and 505.2 of the Illinois Marriage  and  Dissolution
28    of  Marriage Act and shall implement such guidelines by rules
29    governing their application.
30        The term "administration enforcement unit", when used  in
31    Sections 7.5 through 7.305, means local governmental units or
32    the  Child  and Spouse Support Unit established under Section
33    7.20 when exercising the powers designated  in  Sections  7.1
34    through  7.305.  The  administrative  enforcement  unit shall
 
                            -12-               LRB9206548DJgc
 1    apply  the  standard  or  guidelines,  rules  and  procedures
 2    provided for by this Section and Sections 7.30  through  7.50
 3    in  determining  the  ability  of  responsible  relatives  to
 4    provide support for applicants for or recipients of financial
 5    aid  under  the  Illinois  Public  Aid  Code, except that the
 6    administrative enforcement unit may apply  such  standard  or
 7    guidelines,  rules  and  procedures  at  its  discretion with
 8    respect to those applicants for or  recipients  of  financial
 9    aid  under  Article IV of that Code and other persons who are
10    given access to the child  and  spouse  support  services  of
11    Sections 7.1 through 7.305 of this Act as provided by Section
12    7.5.

13        (15 ILCS 205/7.20 new)
14        Sec.  7.20.  Child and Spouse Support Unit.  The Attorney
15    General shall establish  within  his  or  her  administrative
16    staff  a  Child  and  Spouse  Support  Unit to search for and
17    locate absent parents and spouses liable for the  support  of
18    persons  resident  in  this State and to exercise the support
19    enforcement powers and responsibilities assigned the Attorney
20    General by  Sections  7.1  through  7.305.   The  Unit  shall
21    cooperate  with  all  law enforcement officials in this State
22    and with the authorities of other states in locating  persons
23    responsible  for  the  support  of  persons resident in other
24    states and shall invite the cooperation of these  authorities
25    in the performance of its duties.
26        In addition to other duties assigned the Child and Spouse
27    Support  Unit  by  Sections  7.1  through 7.305, the Unit may
28    refer to units of local government any actions under Sections
29    7.60 and  7.155  for  judicial  enforcement  of  the  support
30    liability.
31        The Attorney General may enter into agreements with local
32    governmental  units  or  individuals  for  the  collection of
33    moneys owing because of the failure of a parent to make child
 
                            -13-               LRB9206548DJgc
 1    support payments  for  any  child  receiving  services  under
 2    Sections  7.1  through  7.305.   Such  agreements may be on a
 3    contingent fee basis,  but  such  contingent  fee  shall  not
 4    exceed 25% of the total amount collected.
 5        An  attorney who provides representation pursuant to this
 6    Section shall represent  the  Attorney  General  exclusively.
 7    Regardless  of  the designation of the plaintiff in an action
 8    brought  pursuant  to  this   Section,   an   attorney-client
 9    relationship  does  not  exist  for  purposes  of that action
10    between that attorney and (i) an applicant for  or  recipient
11    of  child and spouse support services or (ii) any other party
12    to the action other than the Attorney  General.   Nothing  in
13    this  Section  shall be construed to modify any power or duty
14    (including a duty to maintain confidentiality) of  the  Child
15    and  Spouse  Support  Unit  or the Attorney General otherwise
16    provided by law.
17        The Attorney General may enter into agreements with local
18    governmental units for the Child and Spouse Support  Unit  to
19    exercise  the investigative and enforcement powers designated
20    in Sections 7.1 through  7.305,  including  the  issuance  of
21    administrative   orders   under  Section  7.80,  in  locating
22    responsible  relatives  and  obtaining  support  for  persons
23    applying for  or  receiving  aid  under  Article  VI  of  the
24    Illinois   Public   Aid  Code.  Payments  for  defrayment  of
25    administrative costs and support payments obtained  shall  be
26    deposited  into  the  DHS  Recoveries  Trust  Fund.   Support
27    payments shall be paid over to the General Assistance Fund of
28    the  local  governmental  unit  at  such time or times as the
29    agreement may specify.
30        With respect to those  cases  in  which  it  has  support
31    enforcement  powers  and  responsibilities under Sections 7.1
32    through 7.305, the Attorney General may provide by  rule  for
33    periodic  or  other  review  of each administrative and court
34    order for support to determine whether a modification of  the
 
                            -14-               LRB9206548DJgc
 1    order  should  be  sought. The Attorney General shall provide
 2    for and conduct such review in accordance with any applicable
 3    federal law and regulation.
 4        As part of its process for review of orders for  support,
 5    the Attorney General, through written notice, may require the
 6    responsible  relative  to disclose his or her Social Security
 7    Number  and  past  and  present  information  concerning  the
 8    relative's address, employment, gross wages, deductions  from
 9    gross  wages,  net  wages,  bonuses,  commissions,  number of
10    dependent exemptions claimed, individual and dependent health
11    insurance coverage, and any other  information  necessary  to
12    determine the relative's ability to provide support in a case
13    receiving  child  and  spouse support services under Sections
14    7.1 through 7.305.
15        The Attorney General may send a written request  for  the
16    same  information  to  the relative's employer.  The employer
17    shall respond to the request for information within  15  days
18    after  the  date  the  employer receives the request.  If the
19    employer willfully fails to fully respond within  the  15-day
20    period, the employer shall pay a penalty of $100 for each day
21    that  the  response  is  not provided to the Attorney General
22    after the 15-day period has  expired.   The  penalty  may  be
23    collected  in a civil action which may be brought against the
24    employer in favor of the Attorney General.
25        A written request for information  sent  to  an  employer
26    pursuant  to  this Section shall consist of (i) a citation of
27    this Section as the statutory authority for the  request  and
28    for  the  employer's  obligation  to  provide  the  requested
29    information,   (ii)  a  returnable  form  setting  forth  the
30    employer's name and address  and  listing  the  name  of  the
31    employee  with  respect to whom information is requested, and
32    (iii) a citation of this Section as the  statutory  authority
33    authorizing  the employer to withhold a fee of up to $20 from
34    the wages or income to be paid to each  responsible  relative
 
                            -15-               LRB9206548DJgc
 1    for  providing the information to the Attorney General within
 2    the 15-day period.  If the employer  is  withholding  support
 3    payments  from  the responsible relative's income pursuant to
 4    an order for withholding, the employer may withhold  the  fee
 5    provided  for  in this Section only after withholding support
 6    as required under the order.  Any amounts withheld  from  the
 7    responsible  relative's income for payment of support and the
 8    fee provided for in this Section shall not be  in  excess  of
 9    the  amounts  permitted  under  the  federal  Consumer Credit
10    Protection Act.
11        In a case receiving child and  spouse  support  services,
12    the  Attorney General may request and obtain information from
13    a particular employer under this Section no more than once in
14    any 12-month period, unless the information is  necessary  to
15    conduct  a  review  of  a  court  or administrative order for
16    support at the request of  the  person  receiving  child  and
17    spouse support services.
18        The  Attorney  General  shall  establish  and maintain an
19    administrative unit to receive and transmit to the Child  and
20    Spouse  Support Unit information supplied by persons applying
21    for or receiving child  and  spouse  support  services  under
22    Section 7.5.
23        In  addition  to  its  other  powers and responsibilities
24    established by Sections 7.1  through  7.305,  the  Child  and
25    Spouse  Support  Unit  shall  conduct an annual assessment of
26    each institution's program for  institution  based  paternity
27    establishment under Section 12 of the Vital Records Act.

28        (15 ILCS 205/7.25 new)
29        Sec. 7.25.  Parent locator service.  The Attorney General
30    through  the  Child  and Spouse Support Unit shall enter into
31    agreements with the Secretary of Health and Human Services or
32    his designee under which the services of the  federal  Parent
33    Locator  Service  established  by the Social Security Act are
 
                            -16-               LRB9206548DJgc
 1    made available to this State and the Attorney General for the
 2    purpose of locating an absent parent or child when the  child
 3    has been abducted or otherwise improperly removed or retained
 4    from  the  physical  custody  of  a  parent  or  other person
 5    entitled to custody of the child, or in connection  with  the
 6    making  or  enforcing  of  a  child  custody determination in
 7    custody  proceedings  instituted  under  the  Uniform   Child
 8    Custody  Jurisdiction  Act,  or  otherwise in accordance with
 9    law. The Attorney General shall provide  general  information
10    to  the  public  about the availability and use of the Parent
11    Locator Service in relation to child  abduction  and  custody
12    determination   proceedings,   shall   promptly   respond  to
13    inquiries  made  by  those  parties  specified   by   federal
14    regulations upon receipt of information as to the location of
15    an  absent  parent  or  child from the federal Parent Locator
16    Service, and shall maintain accurate records as to the number
17    of such inquiries received  and  processed  by  the  Attorney
18    General.

19        (15 ILCS 205/7.27 new)
20        Sec.   7.27.  Locating   support   obligor   and  others;
21    penalties.
22        (a)  The Child and Spouse Support Unit  may  request  and
23    receive  from  employers,  labor unions, telephone companies,
24    and  utility  companies   location   information   concerning
25    putative  fathers and noncustodial parents for the purpose of
26    establishing a child's paternity or establishing,  enforcing,
27    or  modifying  a  child support obligation.  In this Section,
28    "location  information"  means  information  about  (i)   the
29    physical  whereabouts  of  a  putative father or noncustodial
30    parent, (ii) the putative  father  or  noncustodial  parent's
31    employer,  or (iii) the salary, wages, and other compensation
32    paid and  the  health  insurance  coverage  provided  to  the
33    putative father or noncustodial parent by the employer of the
 
                            -17-               LRB9206548DJgc
 1    putative father or noncustodial parent or by a labor union of
 2    which the putative father or noncustodial parent is a member.
 3        The  employer of a putative father or noncustodial parent
 4    or  the  labor  union  of  which  the  putative   father   or
 5    noncustodial  parent is a member shall respond to the request
 6    of the Child and Spouse Support Unit within 15 days after the
 7    employer or labor union receives the request.   Any  employer
 8    or  labor  union that willfully fails to fully respond within
 9    the 15-day period shall be subject to a penalty of  $100  for
10    each  day  that  the response is not provided to the Attorney
11    General after the 15-day period has expired.  The penalty may
12    be collected in a civil action, which may be brought  against
13    the employer or labor union in favor of the Attorney General.
14        (b)  Pursuant to an administrative subpoena as authorized
15    under  Sections  7.1  through  7.305,  the  Child  and Spouse
16    Support Unit may request and receive from  utility  companies
17    and   cable   television   companies   location   information
18    concerning individuals who owe or are owed support or against
19    whom or with respect to whom a support obligation is sought.

20        (15 ILCS 205/7.28 new)
21        Sec. 7.28.  Obtaining location information.
22        (a)  The  Attorney  General  shall  enter into agreements
23    with the Department of State  Police  and  the  Secretary  of
24    State  to  obtain  location  information  on  persons for the
25    purpose   of   establishing   paternity   and   establishing,
26    modifying, and enforcing child support obligations.
27        (b)  Upon request, the  Attorney  General  shall  provide
28    information  obtained  pursuant  to  this  Section to federal
29    agencies and other states' agencies conducting child  support
30    enforcement  activities  under Title IV, Part D of the Social
31    Security Act.

32        (15 ILCS 205/7.30 new)
 
                            -18-               LRB9206548DJgc
 1        Sec.  7.30.  Notification  of  support  obligation.   The
 2    administrative enforcement unit within the authorized area of
 3    its  operation  shall  notify each responsible relative of an
 4    applicant or recipient, or  responsible  relatives  of  other
 5    persons  given access to the support services of Sections 7.1
 6    through 7.305, of his legal obligation to support  and  shall
 7    request  such  information concerning his financial status as
 8    may be necessary to determine whether he is financially  able
 9    to  provide  such  support,  in  whole  or  in part. In cases
10    involving a child born out of wedlock, the notification shall
11    include a statement that the responsible  relative  has  been
12    named as the biological father of the child identified in the
13    notification.
14        In the case of applicants, the notification shall be sent
15    as soon as practical after the filing of the application.  In
16    the case of recipients, the notice shall be sent at such time
17    as may be established by rule of the Attorney General.
18        The   notice   shall  be  accompanied  by  the  forms  or
19    questionnaires provided in Section 7.35.  It shall inform the
20    relative that he may  be  liable  for  reimbursement  of  any
21    support   furnished   from   public   aid   funds   prior  to
22    determination of the relative's financial  circumstances,  as
23    well as for future support.  In the alternative, when support
24    is  sought  on  behalf  of  applicants  for  or recipients of
25    financial aid under Article IV of  the  Illinois  Public  Aid
26    Code  and other persons who are given access to the child and
27    spouse support services  of  Section  7.1  through  7.305  as
28    provided in Section 7.5, the notice shall inform the relative
29    that the relative may be required to pay support for a period
30    before  the  date an administrative support order is entered,
31    as well as future support.
32        Neither the mailing nor receipt of such notice  shall  be
33    deemed   a  jurisdictional  requirement  for  the  subsequent
34    exercise of the investigative  procedures  undertaken  by  an
 
                            -19-               LRB9206548DJgc
 1    administrative  enforcement unit or the entry of any order or
 2    determination of paternity or support or reimbursement by the
 3    administrative enforcement unit; except that notice shall  be
 4    served   by  certified  mail  addressed  to  the  responsible
 5    relative at his or her last  known  address,  return  receipt
 6    requested,  or  by  any method provided by law for service of
 7    summons, in cases  where  a  determination  of  paternity  or
 8    support  by  default is sought on behalf of applicants for or
 9    recipients of financial aid under Article IV of the  Illinois
10    Public Aid Code and other persons who are given access to the
11    child  and  spouse  support  services of Sections 7.1 through
12    7.305 as provided in Section 7.5.

13        (15 ILCS 205/7.35 new)
14        Sec.  7.35.  Declarations   by   responsible   relatives;
15    penalty.
16        Information  requested  of responsible relatives shall be
17    submitted  on  forms  or  questionnaires  prescribed  by  the
18    Attorney General or local governmental units, as the case may
19    be, and shall contain a written declaration to be  signed  by
20    the relative in substantially the following form:
21        "I  declare  under  penalties  of  perjury  that  I  have
22    examined  this  form  (or questionnaire) and all accompanying
23    statements or documents pertaining to my  income,  resources,
24    or any other matter having bearing upon my status and ability
25    to  provide  support,  and  to  the  best of my knowledge and
26    belief  the  information  supplied  is  true,  correct,   and
27    complete."
28        A person who makes and subscribes a form or questionnaire
29    which   contains,   as   hereinabove   provided,   a  written
30    declaration that it is made under the penalties  of  perjury,
31    knowing  it  to be false, incorrect or incomplete, in respect
32    to any material statement or representation bearing upon  his
33    status  as  a  responsible  relative,  or  upon  his  income,
 
                            -20-               LRB9206548DJgc
 1    resources,  or other matter concerning his ability to provide
 2    support, shall  be  subject  to  the  penalties  for  perjury
 3    provided for in Section 32-2 of the Criminal Code of 1961.

 4        (15 ILCS 205/7.40 new)
 5        Sec.    7.40.  Investigation   and   determination.   The
 6    administrative enforcement unit shall  review  the  forms  or
 7    questionnaires  returned  by  each  responsible  relative and
 8    supplement the information provided therein, where  required,
 9    by   such   additional  consultations  with  the  responsible
10    relative and such other investigations as may  be  necessary,
11    including  genetic  testing  if  paternity  is an issue, and,
12    applying  the  standard   or   guidelines   and   regulations
13    established  by the Attorney General, shall determine whether
14    and  the  extent   to   which,   the   responsible   relative
15    individually  or  together in any combination, are reasonably
16    able to provide support.   If  the  child  was  born  out  of
17    wedlock   and   the   case   is   subject  to  the  voluntary
18    acknowledgment   of   paternity   or    the    administrative
19    determination  of  paternity  under  rules  established under
20    Section 7.210, the Child  and  Spouse  Support  Unit  of  the
21    Attorney General shall determine the child support obligation
22    under  subsection  (b)  of Section 7.45 upon establishing the
23    child's paternity. If the child's paternity  was  established
24    by judicial or administrative process in any other state, the
25    Attorney  General  may use administrative processes contained
26    in Sections 7.1 through 7.305 to establish  a  child  support
27    order.
28        In  aid  of  its  investigative  authority, the Child and
29    Spouse Support Unit may use the subpoena power as  set  forth
30    in Sections 7.1 through 7.305.
31        The   Attorney   General,  by  rule,  may  authorize  the
32    administrative enforcement units to conduct periodic or other
33    reinvestigations  and  redeterminations  of   the   financial
 
                            -21-               LRB9206548DJgc
 1    ability of responsible relatives.  Any redeterminations shall
 2    have  the effect of altering, amending, or modifying previous
 3    determinations and administrative orders entered pursuant  to
 4    Sections  7.45  and 7.80.  However, any redetermination which
 5    establishes liability for support or reimbursement, or  which
 6    modifies  the support or reimbursement liability specified in
 7    a prior order, shall be subject to the provisions of  Section
 8    7.90  and  the  administrative and judicial review procedures
 9    herein provided for original orders.

10        (15 ILCS 205/7.45 new)
11        Sec. 7.45.  Notice of support due.
12        (a)  When  an   administrative   enforcement   unit   has
13    determined that a responsible relative is financially able to
14    contribute  to  the support of an applicant or recipient, the
15    responsible relative shall be notified by mailing him a  copy
16    of the determination by United States registered or certified
17    mail,  advising  him  of his legal obligation to make support
18    payments for such period or  periods  of  time,  definite  in
19    duration  or  indefinite,  as  the circumstances require. The
20    notice shall direct payment  as  provided  in  Section  7.50.
21    Where  applicable, the determination and notice may include a
22    demand  for  reimbursement  for  emergency  aid  granted   an
23    applicant   or   recipient  during  the  period  between  the
24    application and determination of  the  relative's  obligation
25    for  support and for aid granted during any subsequent period
26    the responsible relative  was  financially  able  to  provide
27    support but failed or refused to do so.
28        (b)  In the alternative, when support is sought on behalf
29    of  applicants  for  or  recipients  of  financial  aid under
30    Article IV of the Illinois Public Aid Code and other  persons
31    who are given access to the child and spouse support services
32    of Sections 7.1 through 7.305 as provided in Section 7.5, the
33    administrative enforcement unit shall not be required to send
 
                            -22-               LRB9206548DJgc
 1    the  notice and may enter an administrative order immediately
 2    under the provisions of Section 7.80.   The  order  shall  be
 3    based  upon  the  determination  made under the provisions of
 4    Section 7.40 or, in instances of default, upon the  needs  of
 5    the  persons  for  whom  support  is  sought.  In addition to
 6    requiring payment of future support, the administrative order
 7    may require payment of support for a period before  the  date
 8    the  order  is entered.  The amount of support to be paid for
 9    the prior period shall be  determined  under  the  guidelines
10    established by the Attorney General pursuant to Section 7.15.
11    The order shall direct payment as provided in Section 7.60.

12        (15 ILCS 205/7.50 new)
13        Sec.  7.50.  Support payments.  The notice to responsible
14    relatives  issued  pursuant  to  Section  7.45  shall  direct
15    payment (i) to the Attorney General in  cases  of  applicants
16    and  recipients  under  Articles  III,  IV,  V and VII of the
17    Illinois Public Aid Code, (ii) except as provided in  Section
18    7.20,   to  the  local  governmental  unit  in  the  case  of
19    applicants and recipients under Article VI  of  the  Illinois
20    Public  Aid  Code, and (iii) to the Attorney General in cases
21    of non-applicants and  non-recipients  given  access  to  the
22    child  and  spouse  support  services of Sections 7.1 through
23    7.305, as provided by Section 7.5.  However, if  the  support
24    payments  by  responsible  relatives  are  sufficient to meet
25    needs  of  a  recipient  in  full,  including   current   and
26    anticipated  medical  needs,  and the Attorney General or the
27    local governmental unit, as the case may be,  has  reasonable
28    grounds  to  believe  that  such  needs  will  continue to be
29    provided in full by the responsible relatives, the  relatives
30    may  be  directed  to make subsequent support payments to the
31    needy person or to some person or agency in  his  behalf  and
32    the recipient shall be removed from the public aid rolls.  In
33    such  instance  the  recipient  also  shall  be  notified  by
 
                            -23-               LRB9206548DJgc
 1    registered  or  certified  mail  of  the  action taken.  If a
 2    recipient removed from the  public  aid  rolls  requests  the
 3    Attorney  General to continue to collect the support payments
 4    in his behalf, the Attorney General, at his option, may do so
 5    and pay amounts so collected to  the  person.   The  Attorney
 6    General  may  provide for deducting any costs incurred by him
 7    in making the collection from the amount of any recovery made
 8    and pay only the net amount to the person.
 9        Payments under this Section to the Illinois Department of
10    Public Aid or the Attorney  General  pursuant  to  the  Child
11    Support  Enforcement Program established by Title IV-D of the
12    Social Security Act shall be  paid  into  the  Child  Support
13    Enforcement  Trust  Fund.  All payments under this Section to
14    the Illinois Department of Human Services shall be  deposited
15    in  the  DHS  Recoveries Trust Fund. Disbursements from these
16    funds shall be as provided in Sections 12-9.1 and 12-10.2  of
17    the  Illinois  Public  Aid Code. Payments received by a local
18    governmental unit shall be deposited in that  unit's  General
19    Assistance Fund.
20        To   the  extent  the  provisions  of  this  Section  are
21    inconsistent with the requirements pertaining  to  the  State
22    Disbursement   Unit   under  Sections  7.76  and  7.295,  the
23    provisions pertaining to the State  Disbursement  Unit  shall
24    apply.

25        (15 ILCS 205/7.52 new)
26        Sec.   7.52.    Temporary   order   for   child  support.
27    Notwithstanding any other law to the  contrary,  pending  the
28    outcome  of an administrative determination of parentage, the
29    Attorney General shall issue  a  temporary  order  for  child
30    support,  upon  motion  by a party and a showing of clear and
31    convincing  evidence  of  paternity  based  on  genetic  test
32    results or other evidence.  In determining the amount of  the
33    temporary child support award, the Attorney General shall use
 
                            -24-               LRB9206548DJgc
 1    the  guidelines  and standards set forth in subsection (a) of
 2    Section 505 and in Section 505.2 of the Illinois Marriage and
 3    Dissolution of Marriage Act.
 4        Any new or existing support order entered by the Attorney
 5    General under this Section shall be deemed to be a series  of
 6    judgments   against  the  person  obligated  to  pay  support
 7    thereunder, each such judgment to be in the  amount  of  each
 8    payment  or  installment  of  support and each judgment to be
 9    deemed entered as of the date the  corresponding  payment  or
10    installment becomes due under the terms of the support order.
11    Each  such  judgment  shall  have the full force, effect, and
12    attributes of any other judgment of this State, including the
13    ability to be enforced.  Any  such  judgment  is  subject  to
14    modification  or  termination only in accordance with Section
15    510 of the Illinois Marriage and Dissolution of Marriage Act.
16    A lien arises by  operation  of  law  against  the  real  and
17    personal   property  of  the  noncustodial  parent  for  each
18    installment of  overdue  support  owed  by  the  noncustodial
19    parent.
20        All  orders  for support entered or modified in a case in
21    which a party is receiving child and spouse support  services
22    under  Sections  7.1  through 7.305 shall include a provision
23    requiring the non-custodial parent  to  notify  the  Attorney
24    General,  within  7  days,  (i)  of  the  name,  address, and
25    telephone number of any new  employer  of  the  non-custodial
26    parent,  (ii)  whether the non-custodial parent has access to
27    health insurance coverage through the employer or other group
28    coverage, and, if so, the policy  name  and  number  and  the
29    names  of  persons covered under the policy, and (iii) of any
30    new residential or mailing address or telephone number of the
31    non-custodial parent.
32        In any subsequent action to enforce a support order, upon
33    sufficient showing that diligent  effort  has  been  made  to
34    ascertain  the  location of the non-custodial parent, service
 
                            -25-               LRB9206548DJgc
 1    of process or provision of notice necessary  in  that  action
 2    may  be  made  at the last known address of the non-custodial
 3    parent, in any manner expressly provided by the Code of Civil
 4    Procedure or this Act, which service shall be sufficient  for
 5    purposes of due process.
 6        An  order  for  support shall include a date on which the
 7    current support obligation terminates.  The termination  date
 8    shall  be no earlier than the date on which the child covered
 9    by the order will attain the age of majority or is  otherwise
10    emancipated.   The  order  for  support  shall state that the
11    termination date does not apply to  any  arrearage  that  may
12    remain  unpaid  on that date. Nothing in this paragraph shall
13    be construed to prevent the Attorney General  from  modifying
14    the order.

15        (15 ILCS 205/7.55 new)
16        Sec.  7.55.  Alternative actions to enforce support. If a
17    responsible relative fails or refuses to furnish support,  or
18    contributes   less   than   the   amount   indicated  by  the
19    determination, the administrative enforcement unit shall take
20    action to enforce support in accordance with Section 7.60  or
21    Section 7.80.

22        (15 ILCS 205/7.60 new)
23        Sec.  7.60.  Court enforcement. Except where the Attorney
24    General, by agreement, acts for the local governmental  unit,
25    as  provided  in Section 7.20, local governmental units shall
26    refer  to  the  State's  Attorney  or  to  the  proper  legal
27    representative  of  the  governmental  unit,   for   judicial
28    enforcement  as  herein provided, instances of non-support or
29    insufficient support when the dependents  are  applicants  or
30    recipients  under Article VI of the Illinois Public Aid Code.
31    The Child and Spouse Support Unit established by Section 7.20
32    may institute in behalf of the Illinois Department of  Public
 
                            -26-               LRB9206548DJgc
 1    Aid  any  actions under this Section for judicial enforcement
 2    of the support liability when the dependents  are  applicants
 3    or  recipients  under  Articles  III,  IV,  V  or  VII of the
 4    Illinois Public Aid Code. The Unit may institute in behalf of
 5    the Attorney General  any  actions  under  this  Section  for
 6    judicial  enforcement  of  the  support  liability  when  the
 7    dependents   are   applicants   or   recipients  in  a  local
 8    governmental unit when the Attorney  General,  by  agreement,
 9    acts  for  the unit.  The Unit may institute in behalf of the
10    dependents  any  actions  under  this  Section  for  judicial
11    enforcement of the support liability when the dependents  are
12    non-applicants  or  non-recipients  who are receiving support
13    enforcement services under Sections  7.1  through  7.305,  as
14    provided  in  Section 7.5. Where the Child and Spouse Support
15    Unit has exercised its option and discretion not to apply the
16    provisions of Sections 7.15 through 7.50, the failure by  the
17    Unit  to apply such provisions shall not be a bar to bringing
18    an action under this Section.
19        Action shall be brought in the circuit  court  to  obtain
20    support, or for the recovery of aid granted during the period
21    such  support was not provided, or both for the obtainment of
22    support and the recovery of the aid  provided.   Actions  for
23    the  recovery  of  aid may be taken separately or they may be
24    consolidated with actions to obtain  support.   Such  actions
25    may be brought in the name of the person or persons requiring
26    support,  or  may  be  brought  in  the  name of the Illinois
27    Department of Public Aid or the local governmental  unit,  as
28    the case requires, in behalf of such persons.
29        The court may enter such orders for the payment of moneys
30    for  the  support  of the person as may be just and equitable
31    and may direct payment thereof for such period or periods  of
32    time  as  the  circumstances require, including support for a
33    period before the date the order for support is entered.  The
34    order may be entered against any  or  all  of  the  defendant
 
                            -27-               LRB9206548DJgc
 1    responsible relatives and may be based upon the proportionate
 2    ability of each to contribute to the person's support.
 3        The  Court  shall  determine  the amount of child support
 4    (including child support for a period  before  the  date  the
 5    order  for  support  is  entered) by using the guidelines and
 6    standards set forth in subsection (a) of Section 505  and  in
 7    Section  505.2  of  the  Illinois Marriage and Dissolution of
 8    Marriage Act.  For purposes  of  determining  the  amount  of
 9    child  support  to  be  paid for a period before the date the
10    order for child support is entered,  there  is  a  rebuttable
11    presumption  that  the  responsible relative's net income for
12    that period was the same as his or her net income at the time
13    the order is entered.
14        If (i) the responsible relative was properly served  with
15    a  request for discovery of financial information relating to
16    the responsible relative's ability to provide child  support,
17    (ii)  the  responsible  relative  failed  to  comply with the
18    request, despite having been ordered to do so by  the  court,
19    and  (iii)  the  responsible  relative  is not present at the
20    hearing to determine support despite having  received  proper
21    notice,  then  any  relevant financial information concerning
22    the responsible relative's ability to provide  child  support
23    that  was  obtained  pursuant  to  subpoena and proper notice
24    shall be admitted into evidence without the need to establish
25    any further foundation for its admission.
26        An order entered  under  this  Section  shall  include  a
27    provision  requiring the obligor to report to the obligee and
28    to the clerk of court within 10 days each  time  the  obligor
29    obtains   new   employment,   and  each  time  the  obligor's
30    employment is terminated for any reason. The report shall  be
31    in  writing and shall, in the case of new employment, include
32    the name and address of the new employer. Failure  to  report
33    new  employment  or the termination of current employment, if
34    coupled with nonpayment of support for a period in excess  of
 
                            -28-               LRB9206548DJgc
 1    60  days,  is  indirect  criminal  contempt.  For any obligor
 2    arrested for failure to report new employment bond  shall  be
 3    set  in the amount of the child support that should have been
 4    paid during the period of unreported  employment.   An  order
 5    entered  under  this  Section  shall also include a provision
 6    requiring the obligor and  obligee  parents  to  advise  each
 7    other  of  a  change in residence within 5 days of the change
 8    except when the court finds that  the  physical,  mental,  or
 9    emotional  health  of  a  party  or that of a minor child, or
10    both, would be seriously  endangered  by  disclosure  of  the
11    party's address.
12        The Court shall determine the amount of maintenance using
13    the  standards  set  forth  in  Section  504  of the Illinois
14    Marriage and Dissolution of Marriage Act.
15        Any new or existing support order entered  by  the  court
16    under  this  Section  shall  be  deemed  to  be  a  series of
17    judgments  against  the  person  obligated  to  pay   support
18    thereunder,  each  such  judgment to be in the amount of each
19    payment or installment of support and each such  judgment  to
20    be deemed entered as of the date the corresponding payment or
21    installment becomes due under the terms of the support order.
22    Each  such  judgment  shall  have  the full force, effect and
23    attributes of any other judgment of this State, including the
24    ability to be enforced.  Any  such  judgment  is  subject  to
25    modification  or  termination only in accordance with Section
26    510 of the Illinois Marriage and Dissolution of Marriage Act.
27    A lien arises by  operation  of  law  against  the  real  and
28    personal   property  of  the  noncustodial  parent  for  each
29    installment of  overdue  support  owed  by  the  noncustodial
30    parent.
31        When  an order is entered for the support of a minor, the
32    court may provide therein for reasonable  visitation  of  the
33    minor  by the person or persons who provided support pursuant
34    to the order.  Whoever willfully refuses to comply with  such
 
                            -29-               LRB9206548DJgc
 1    visitation order or willfully interferes with its enforcement
 2    may be declared in contempt of court and punished therefor.
 3        Except where the local governmental unit has entered into
 4    an  agreement  with  the  Attorney  General for the Child and
 5    Spouse Support Unit to act for it,  as  provided  in  Section
 6    7.20,  support orders entered by the court in cases involving
 7    applicants or recipients under Article  VI  of  the  Illinois
 8    Public  Aid  Code  shall  provide that payments thereunder be
 9    made directly to the local governmental unit.  Orders for the
10    support of all other applicants or recipients under that Code
11    shall provide that payments thereunder be  made  directly  to
12    the  Attorney  General.    In accordance with federal law and
13    regulations, the Attorney General  may  continue  to  collect
14    current  maintenance  payments  or child support payments, or
15    both, after those persons cease to receive public  assistance
16    and  until termination of services under Sections 7.1 through
17    7.305.   The  Attorney  General  shall  pay  the  net  amount
18    collected to those persons after deducting any costs incurred
19    in making the collection  or  any  collection  fee  from  the
20    amount  of  any recovery made.  In both cases the order shall
21    permit the local governmental unit or the  Attorney  General,
22    as  the  case  may  be, to direct the responsible relative or
23    relatives to make support  payments  directly  to  the  needy
24    person,  or  to  some  person  or  agency in his behalf, upon
25    removal of the person from  the  public  aid  rolls  or  upon
26    termination of services under Sections 7.1 through 7.305.
27        If  the  notice of support due issued pursuant to Section
28    7.45 directs that support payments be made  directly  to  the
29    needy  person, or to some person or agency in his behalf, and
30    the recipient is removed from the  public  aid  rolls,  court
31    action   may   be  taken  against  the  responsible  relative
32    hereunder if he fails to furnish support in  accordance  with
33    the terms of such notice.
34        Actions  may also be brought under this Section in behalf
 
                            -30-               LRB9206548DJgc
 1    of any person who is in  need  of  support  from  responsible
 2    relatives,  as defined in Section 2-11 of the Illinois Public
 3    Aid Code  who  is  not  an  applicant  for  or  recipient  of
 4    financial  aid  under  that  Code.   In  such  instances, the
 5    State's Attorney of the county in which such  person  resides
 6    shall   bring   action   against  the  responsible  relatives
 7    hereunder.  If the Attorney General, as authorized by Section
 8    7.5, extends the support services provided by this Article to
 9    spouses and dependent children  who  are  not  applicants  or
10    recipients  under the Illinois Public Aid Code, the Child and
11    Spouse Support Unit established by Section 7.20  shall  bring
12    action  against  the  responsible relatives hereunder and any
13    support orders entered by  the  court  in  such  cases  shall
14    provide  that  payments  thereunder  be  made directly to the
15    Attorney General.
16        Whenever it is determined in a proceeding to establish or
17    enforce a child support or maintenance  obligation  that  the
18    person  owing  a duty of support is unemployed, the court may
19    order the person to seek employment and  report  periodically
20    to the court with a diary, listing or other memorandum of his
21    or  her efforts in accordance with such order.  Additionally,
22    the court may order the unemployed person to  report  to  the
23    Department  of Employment Security for job search services or
24    to make application with the local Jobs Training  Partnership
25    Act  provider  for  participation  in job search, training or
26    work programs and where the duty of  support  is  owed  to  a
27    child  receiving  support services under Sections 7.1 through
28    7.305, the court may order the unemployed person to report to
29    the Department of Human Services  for  participation  in  job
30    search,  training  or work programs established under Section
31    9-6 and Article IXA of the Illinois Public Aid Code.
32        Whenever it is determined that  a  person  owes  past-due
33    support  for  a child receiving assistance under the Illinois
34    Public Aid Code, the court shall order at the request of  the
 
                            -31-               LRB9206548DJgc
 1    Attorney General:
 2             (1)  that  the  person  pay  the past-due support in
 3        accordance with a plan approved by the court; or
 4             (2)  if  the  person  owing  past-due   support   is
 5        unemployed,  is  subject  to  such  a  plan,  and  is not
 6        incapacitated, that the person participate  in  such  job
 7        search,  training,  or  work  programs  established under
 8        Section 9-6 and Article IXA of the  Illinois  Public  Aid
 9        Code as the court deems appropriate.
10        A   determination   under   this  Section  shall  not  be
11    administratively reviewable by the  procedures  specified  in
12    Sections 7.90 and 7.95 through 7.145. Any determination under
13    those  Sections, if made the basis of court action under this
14    Section, shall not affect the de novo judicial  determination
15    required under this Section.
16        All  orders  for support, when entered or modified, shall
17    include a provision requiring  the  non-custodial  parent  to
18    notify  the court and, in cases in which a party is receiving
19    child and spouse support services under Sections 7.1  through
20    7.305,  the Attorney General, within 7 days, (i) of the name,
21    address, and telephone number of  any  new  employer  of  the
22    non-custodial  parent,  (ii) whether the non-custodial parent
23    has access to health insurance coverage through the  employer
24    or  other  group  coverage  and,  if  so, the policy name and
25    number and the names of persons covered under the policy, and
26    (iii) of any new residential or mailing address or  telephone
27    number of the non-custodial parent.  In any subsequent action
28    to  enforce a support order, upon a sufficient showing that a
29    diligent effort has been made to ascertain  the  location  of
30    the  non-custodial parent, service of process or provision of
31    notice necessary in the case may be made at  the  last  known
32    address  of  the non-custodial parent in any manner expressly
33    provided by the Code  of  Civil  Procedure  or  Sections  7.1
34    through 7.305, which service shall be sufficient for purposes
 
                            -32-               LRB9206548DJgc
 1    of due process.
 2        An  order  for  support shall include a date on which the
 3    current support obligation terminates.  The termination  date
 4    shall  be no earlier than the date on which the child covered
 5    by the order will attain the age of majority or is  otherwise
 6    emancipated.    The  order  for  support shall state that the
 7    termination date does not apply to  any  arrearage  that  may
 8    remain  unpaid on that date.  Nothing in this paragraph shall
 9    be construed to prevent the court from modifying the order.
10        Upon   notification   in   writing   or   by   electronic
11    transmission from the Attorney General to the  clerk  of  the
12    court  that  a person who is receiving support payments under
13    this Section is receiving services under  the  Child  Support
14    Enforcement  Program  established by Title IV-D of the Social
15    Security Act, any support payments subsequently  received  by
16    the  clerk  of  the  court shall be transmitted in accordance
17    with the instructions  of  the  Attorney  General  until  the
18    Attorney  General  gives  notice to the clerk of the court to
19    cease the transmittal.    After  providing  the  notification
20    authorized  under  this paragraph, the Attorney General shall
21    be entitled as a party to notice of any  further  proceedings
22    in the case.  The clerk of the court shall file a copy of the
23    Attorney  General's  notification  in  the  court file.   The
24    clerk's failure to file a copy of  the  notification  in  the
25    court  file shall not, however, affect the Attorney General's
26    right to receive notice of further proceedings.
27        Payments under this Section to the Illinois Department of
28    Public Aid or the Attorney  General  pursuant  to  the  Child
29    Support  Enforcement Program established by Title IV-D of the
30    Social Security Act shall be  paid  into  the  Child  Support
31    Enforcement  Trust  Fund.  All payments under this Section to
32    the Department of Human Services shall be  deposited  in  the
33    DHS  Recoveries  Trust  Fund.  Disbursements from these funds
34    shall be as provided in Sections 12-9.1 and  12-10.2  of  the
 
                            -33-               LRB9206548DJgc
 1    Illinois  Public  Aid  Code.   Payments  received  by a local
 2    governmental unit shall be deposited in that  unit's  General
 3    Assistance Fund.
 4        To   the  extent  the  provisions  of  this  Section  are
 5    inconsistent with the requirements pertaining  to  the  State
 6    Disbursement   Unit   under  Sections  7.76  and  7.295,  the
 7    provisions pertaining to the State  Disbursement  Unit  shall
 8    apply.

 9        (15 ILCS 205/7.65 new)
10        Sec.  7.65.  Collection  fee.  In all cases instituted by
11    the Attorney General on behalf of a child  or  spouse,  other
12    than  one receiving a grant of financial aid under Article IV
13    of  the  Illinois  Public  Aid  Code,  on  whose  behalf   an
14    application  has  been made and approved for support services
15    as  provided  by  Section  7.5,  the  court  shall  impose  a
16    collection fee on the individual who owes a child  or  spouse
17    support obligation in an amount equal to 10% of the amount so
18    owed  as  long as such collection is required by federal law,
19    which fee shall be in addition  to  the  support  obligation.
20    The  imposition  of  such  fee  shall  be  in accordance with
21    provisions of Title IV, Part D, of the  Social  Security  Act
22    and  regulations  duly promulgated thereunder.  The fee shall
23    be payable to the clerk of the circuit court for  transmittal
24    to  the  Attorney  General  and  shall continue until support
25    services are terminated by the Attorney General.

26        (15 ILCS 205/7.70 new)
27        Sec. 7.70.  Notice to circuit clerk of payment  received.
28    For  those  cases in which support is payable to the clerk of
29    the circuit court for transmittal to the Attorney General  or
30    the  Illinois Department of Public Aid by order of court, and
31    the Attorney General collects support by assignment,  offset,
32    withholding, deduction or other process permitted by law, the
 
                            -34-               LRB9206548DJgc
 1    Attorney  General  shall  notify  the  clerk  of the date and
 2    amount of such collection. Upon notification, the clerk shall
 3    record the collection on the payment record for the case.

 4        (15 ILCS 205/7.75 new)
 5        Sec. 7.75.  Transmittal of  payments  by  circuit  clerk.
 6    For  those  cases  in  which  child support is payable to the
 7    clerk of the circuit court for transmittal  to  the  Attorney
 8    General  or the Illinois Department of Public Aid by order of
 9    court, the clerk shall transmit all such payments,  within  4
10    working  days  of receipt, to ensure that funds are available
11    for immediate distribution by the  Attorney  General  or  the
12    Department  to  the  person  or  entity  entitled  thereto in
13    accordance with standards of the  Child  Support  Enforcement
14    Program  established  under Title IV-D of the Social Security
15    Act.  The clerk shall notify  the  Attorney  General  or  the
16    Department  of  the date of receipt and amount thereof at the
17    time of transmittal.  Where the clerk  has  entered  into  an
18    agreement  of  cooperation  with  the  Illinois Department of
19    Public Aid or the Attorney General to  record  the  terms  of
20    child  support  orders  and payments made thereunder directly
21    into the IV-D Agency's automated data processing system,  the
22    clerk  shall  account  for, transmit and otherwise distribute
23    child support payments in accordance with such  agreement  in
24    lieu of the requirements contained herein.
25        To   the  extent  the  provisions  of  this  Section  are
26    inconsistent with the requirements pertaining  to  the  State
27    Disbursement   Unit   under  Sections  7.76  and  7.295,  the
28    provisions pertaining to the State  Disbursement  Unit  shall
29    apply.

30        (15 ILCS 205/7.76 new)
31        Sec.  7.76.   Payment  of  Support  to State Disbursement
32    Unit.
 
                            -35-               LRB9206548DJgc
 1        (a)  As used in this Section:
 2        "Order for support", "obligor",  "obligee",  and  "payor"
 3    mean  those  terms  as  defined in the Income Withholding for
 4    Support Act, except that "order for support" shall  not  mean
 5    orders providing for spousal maintenance under which there is
 6    no child support obligation.
 7        (b)  Notwithstanding  any other provision of this Code to
 8    the contrary, each court or administrative order for  support
 9    entered or modified on or after October 1, 1999 shall require
10    that  support payments be made to the State Disbursement Unit
11    established under Section 7.76 if:
12             (1)  a party to the order  is  receiving  child  and
13        spouse support services under this Article X; or
14             (2)  no  party  to  the order is receiving child and
15        spouse support services, but  the  support  payments  are
16        made through income withholding.
17        (c)  Support   payments   shall  be  made  to  the  State
18    Disbursement Unit if:
19             (1)  the  order  for  support  was  entered   before
20        October  1,  1999,  and a party to the order is receiving
21        child and spouse  support  services  under  Sections  7.1
22        through 7.305; or
23             (2)  no  party  to  the order is receiving child and
24        spouse support services, and  the  support  payments  are
25        being made through income withholding.
26        (c-5)  If  no  party  to the order is receiving child and
27    spouse support services under Sections 7.1 through 7.305, and
28    the support  payments  are  not  being  made  through  income
29    withholding,  then support payments shall be made as directed
30    in the order for support.
31        (c-10)  The Attorney General shall provide written notice
32    to the clerk of the circuit court, the  obligor,  and,  where
33    applicable, the obligor's payor to make payments to the State
34    Disbursement Unit if:
 
                            -36-               LRB9206548DJgc
 1             (1)  the   order  for  support  was  entered  before
 2        October 1, 1999, and a party to the  order  is  receiving
 3        child  and  spouse  support  services  under Sections 7.1
 4        through 7.305; or
 5             (2)  no party to the order is  receiving  child  and
 6        spouse  support  services,  and  the support payments are
 7        being made through income withholding.
 8        (c-15)  The clerk of  the  circuit  court  shall  provide
 9    written  notice  to  the obligor to make payments directly to
10    the clerk of the circuit court if no party to  the  order  is
11    receiving  child  and  spouse support services under Sections
12    7.1 through 7.305, the support payments are not made  through
13    income  withholding,  and  the  order  for  support  requires
14    support  payments  to  be  made  directly to the clerk of the
15    circuit court.
16        (c-20)  If the State Disbursement Unit receives a support
17    payment that was not appropriately made  to  the  Unit  under
18    this  Section,  the Unit shall immediately return the payment
19    to the sender, including, if possible, instructions detailing
20    where to send the support payments.
21        (d)  The notices required under  subsections  (c-10)  and
22    (c-15)  may  be sent by ordinary mail, certified mail, return
23    receipt   requested,   facsimile   transmission,   or   other
24    electronic process, or may be  served  upon  the  obligor  or
25    payor  using  any  method  provided  by  law for service of a
26    summons.  A copy of the  notice  shall  be  provided  to  the
27    obligee  and,  when  the order for support was entered by the
28    court, to the clerk of the court.

29        (15 ILCS 205/7.78 new)
30        Sec. 7.78.  Information to State Case Registry.
31        (a)  When an order for support is entered or modified  by
32    the  circuit  court  under  Section  7.60,  the  clerk of the
33    circuit court shall, within 5 business days, provide  to  the
 
                            -37-               LRB9206548DJgc
 1    State Case Registry established under Section 7.305 the court
 2    docket  number  and  county  in which the order is entered or
 3    modified and the following  information,  which  the  parties
 4    shall disclose to the court:
 5             (1)  The  names  of  the custodial and non-custodial
 6        parents and the child or children covered by the order.
 7             (2)  The  dates  of  birth  of  the  custodial   and
 8        non-custodial  parents  and  of  the  child  or  children
 9        covered by the order.
10             (3)  The  social  security  numbers of the custodial
11        and non-custodial parents and of the  child  or  children
12        covered by the order.
13             (4)  The  residential  and mailing addresses for the
14        custodial and non-custodial parents.
15             (5)  The telephone numbers  for  the  custodial  and
16        non-custodial parents.
17             (6)  The  driver's license numbers for the custodial
18        and non-custodial parents.
19             (7)  The name, address, and telephone number of each
20        parent's employer or employers.
21        (b)  When a child support order is  entered  or  modified
22    for  a  case  in  which a party is receiving child and spouse
23    support services under Sections 7.1 through 7.305, the  clerk
24    shall  provide  the  State  Case  Registry with the following
25    information:
26             (1)  The information specified in subsection (a)  of
27        this Section.
28             (2)  The amount of monthly or other periodic support
29        owed   under  the  order  and  other  amounts,  including
30        arrearages, interest, or late payment penalties and fees,
31        due or overdue under the order.
32             (3)  Any amounts described  in  subdivision  (2)  of
33        this subsection (b) that have been received by the clerk.
34             (4)  The distribution of the amounts received by the
 
                            -38-               LRB9206548DJgc
 1        clerk.
 2        (c)  A  party  shall  report  to the clerk of the circuit
 3    court changes in information required to be  disclosed  under
 4    this Section  within 5 business days of the change.
 5        (d)  To  the  extent  that  updated information is in the
 6    clerk's possession, the clerk shall provide  updates  of  the
 7    information  specified  in  subsection  (b)  of  this Section
 8    within 5 business days after the Attorney  General's  request
 9    for that updated information.

10        (15 ILCS 205/7.80 new)
11        Sec. 7.80.  Administrative orders. In lieu of actions for
12    court  enforcement  of  support under Section 7.60, the Child
13    and  Spouse  Support  Unit  of  the  Attorney   General,   in
14    accordance  with the rules of the Attorney General, may issue
15    an administrative order requiring the responsible relative to
16    comply with the terms of  the  determination  and  notice  of
17    support  due,  determined  and issued under Sections 7.40 and
18    7.45.  The Unit may also enter an administrative order  under
19    subsection  (b)  of  Section  7.45.  The administrative order
20    shall be served  upon  the  responsible  relative  by  United
21    States  registered  or  certified mail. In cases in which the
22    responsible relative appeared at the office of the Child  and
23    Spouse  Support  Unit  in  response  to the notice of support
24    obligation issued under Section 7.30, however, or in cases of
25    default in which the notice was  served  on  the  responsible
26    relative  by  certified mail, return receipt requested, or by
27    any method provided  by  law  for  service  of  summons,  the
28    administrative  determination  of paternity or administrative
29    support order may be sent  to  the  responsible  relative  by
30    ordinary  mail  addressed  to the responsible relative's last
31    known address.
32        If a responsible relative or a person receiving child and
33    spouse support services  under  Sections  7.1  through  7.305
 
                            -39-               LRB9206548DJgc
 1    fails  to  petition  the Attorney General for release from or
 2    modification of the  administrative  order,  as  provided  in
 3    Section  7.90  or  Section 7.95, the order shall become final
 4    and there shall be  no  further  administrative  or  judicial
 5    remedy.   Likewise  a  decision  by the Attorney General as a
 6    result of an administrative hearing, as provided in  Sections
 7    7.97 through 7.145, shall become final and enforceable if not
 8    judicially  reviewed  under the Administrative Review Law, as
 9    provided in Section 7.150.
10        Any new or existing support order entered by the Attorney
11    General under this Section shall be deemed to be a series  of
12    judgments   against  the  person  obligated  to  pay  support
13    thereunder, each such judgment to be in the  amount  of  each
14    payment  or  installment of support and each such judgment to
15    be deemed entered as of the date the corresponding payment or
16    installment becomes due under the terms of the support order.
17    Each such  judgment shall have the  full  force,  effect  and
18    attributes of any other judgment of this State, including the
19    ability  to  be  enforced.   Any  such judgment is subject to
20    modification or termination only in accordance  with  Section
21    510 of the Illinois Marriage and Dissolution of Marriage Act.
22    A  lien  arises  by  operation  of  law  against the real and
23    personal  property  of  the  noncustodial  parent  for   each
24    installment  of  overdue  support  owed  by  the noncustodial
25    parent.

26        (15 ILCS 205/7.85 new)
27        Sec. 7.85.  Unemployed responsible relatives.
28        (a)  Whenever it is  determined  in  a  proceeding  under
29    Section  7.40,  7.45,  7.80,  or  7.180  that the responsible
30    relative is unemployed, and support is sought  on  behalf  of
31    applicants  for  or recipients of financial aid under Article
32    IV of the Illinois Public Aid Code or other persons  who  are
33    given access to the child and spouse support services of that
 
                            -40-               LRB9206548DJgc
 1    Article   as  provided  in  Section  7.5  of  this  Act,  the
 2    administrative enforcement unit  may  order  the  responsible
 3    relative  to  report  to the Department of Human Services for
 4    participation  in  job  search,  training  or  work  programs
 5    established under Section 9-6 and Article IXA of the Illinois
 6    Public Aid Code or to the Illinois Department  of  Employment
 7    Security  for job search services or to make application with
 8    the  local  Jobs  Training  Partnership  Act   provider   for
 9    participation in job search, training or work programs.
10        (b)  Whenever   it   is  determined  that  a  responsible
11    relative  owes  past-due  support  for  a  child   under   an
12    administrative  support order entered under subsection (b) of
13    Section 7.45 or under Section 7.80 or 7.180 and the child  is
14    receiving  assistance under the Illinois Public Aid Code, the
15    administrative enforcement unit shall order the following:
16             (1)  that the responsible relative pay the  past-due
17        support  in  accordance  with  a  plan  approved  by  the
18        administrative enforcement unit; or
19             (2)  if  the  responsible  relative  owing  past-due
20        support  is unemployed, is subject to such a plan, and is
21        not  incapacitated,   that   the   responsible   relative
22        participate  in  job  search,  training, or work programs
23        established under Section 9-6  and  Article  IXA  of  the
24        Illinois Public Aid Code.

25        (15 ILCS 205/7.87 new)
26        Sec.  7.87.  Administrative support order information for
27    State Case Registry.  When the  Attorney  General  enters  an
28    administrative  support  order under Section  7.52 or Section
29    7.80, or modifies such an order, the custodial parent and the
30    non-custodial parent shall provide to the  Attorney  General,
31    and  update  as  appropriate, the following information to be
32    included in the State Case Registry established under Section
33    7.305:
 
                            -41-               LRB9206548DJgc
 1             (1)  The names of the  custodial  and  non-custodial
 2        parents  and  of  the  child  or  children covered by the
 3        order.
 4             (2)  The  dates  of  birth  of   the  custodial  and
 5        non-custodial  parents  and  of  the  child  or  children
 6        covered by the order.
 7             (3)  The social security numbers  of  the  custodial
 8        and  non-custodial  parents  and of the child or children
 9        covered by the order.
10             (4)  The residential and mailing addresses  for  the
11        custodial and non-custodial parents.
12             (5)  The  telephone  numbers  for  the custodial and
13        non-custodial parents.
14             (6)  The driver's license numbers for the  custodial
15        and non-custodial parents.
16             (7)  The name, address, and telephone number of each
17        parent's employer or employers.
18             (8)  Any  other  information  that  may  be required
19        under Title IV, Part D of  the  Social  Security  Act  or
20        regulations promulgated thereunder.

21        (15 ILCS 205/7.90 new)
22        Sec.  7.90.  Petition by responsible relative for release
23    from or  modification  of  administrative  support  order  or
24    administrative determination of paternity.
25        (a)  Any    responsible    relative   aggrieved   by   an
26    administrative order entered under Section 7.80 or 7.85 or an
27    administrative  determination  of  paternity  entered   under
28    Section  7.210  who  has  been duly notified of such order or
29    determination, may within 30 days from the date of mailing of
30    such order or determination, petition  the  Attorney  General
31    for   a   release  from  or  modification  of  the  order  or
32    determination. The day immediately subsequent to the  mailing
33    of  the  order  or  determination  shall be considered as the
 
                            -42-               LRB9206548DJgc
 1    first day, and the day  such  petition  is  received  by  the
 2    Attorney  General  shall  be  considered  as  the last day in
 3    computing the 30 day appeal period.
 4        The Attorney General shall, upon receipt  of  a  petition
 5    within  the 30 day appeal period, provide for a hearing to be
 6    held thereon.
 7        (b)  Notwithstanding the 30-day appeal period  set  forth
 8    in   subsection   (a),   a   man   against   whom  a  default
 9    administrative determination of paternity  has  been  entered
10    may  have  the determination vacated if, within 30 days after
11    being served with the determination, he appears in person  at
12    the  office  to  which  he  was given notice to appear for an
13    interview and files a written request  for  relief  from  the
14    determination.   The Attorney General shall then proceed with
15    the establishment of paternity.   A  man  may  obtain  relief
16    under  this  subsection from an  administrative determination
17    of paternity only  once  in  any  proceeding  to    establish
18    paternity.

19        (15 ILCS 205/7.95 new)
20        Sec.  7.95. Petition by person receiving child and spouse
21    support    services  for  release  from  or  modification  of
22    administrative support order or  administrative determination
23    of paternity.  Any person receiving child and  spouse support
24    services under Sections 7.1 through 7.305 who is aggrieved by
25    an administrative order entered under Section 7.80 or 7.85 or
26    an  administrative determination of paternity  entered  under
27    Section  7.210  who  has  been  duly notified of the order or
28    determination may, within 30  days after the date of  mailing
29    of the order or determination, petition the  Attorney General
30    for   release   from   or   modification   of  the  order  or
31    determination.  The day immediately subsequent to the mailing
32    of the order  or determination shall  be  considered  as  the
33    first  day  and  the  day  the  petition  is  received by the
 
                            -43-               LRB9206548DJgc
 1    Attorney General shall be  considered  as  the  last  day  in
 2    computing the 30-day appeal period. Upon receiving a petition
 3    within  the  30-day appeal period, the Attorney General shall
 4    provide for a hearing to be held on the petition.

 5        (15 ILCS 205/7.97 new)
 6        Sec. 7.97.  Hearing on petition. The Attorney General, or
 7    any officer or employee thereof designated in writing by  the
 8    Attorney  General,  shall conduct hearings and investigations
 9    in connection with petitions filed pursuant to  Section  7.90
10    or  Section 7.95. Responsible relatives and persons receiving
11    child and spouse support services under Sections 7.1  through
12    7.305   shall   be  entitled  to  appear  in  person,  to  be
13    represented by counsel at the  hearing  and  to  present  all
14    relevant matter in support of their petitions. The provisions
15    of Sections 7.100 through 7.145 shall govern the hearing.
16        The  hearing  shall be de novo and the Attorney General's
17    determination  of  liability  or   non-liability   shall   be
18    independent   of  the  determination  of  the  administrative
19    enforcement unit.

20        (15 ILCS 205/7.100 new)
21        Sec.  7.100.  Examination  of   records.   The   Attorney
22    General,  or  any  properly  designated  officer  or employee
23    thereof, may examine any books, papers, records or  memoranda
24    bearing  upon the determination of ability to support and the
25    order for support  and  upon  any  matter  pertinent  to  the
26    relative's   petition  and  may  compel  the  attendance  and
27    testimony of any person or persons, including the petitioning
28    responsible relative, having knowledge of matters germane  to
29    the determination order, or the petition.

30        (15 ILCS 205/7.105 new)
31        Sec.  7.105.  Hearings  not subject to technical rules of
 
                            -44-               LRB9206548DJgc
 1    evidence or procedure. In  the  conduct  of  any  hearing  or
 2    investigation, neither the Attorney General nor a person duly
 3    authorized to conduct such hearing or investigation, shall be
 4    bound  by  the  technical  rules  of  evidence, common law or
 5    statutory, or by technical or formal rules of procedure,  but
 6    shall  conduct  the hearing or make the investigation in such
 7    manner as seems best calculated  to  conform  to  substantial
 8    justice  and  the  spirit of the Illinois Public Aid Code and
 9    Sections 7.1 through 7.305 of this Act. No informality in any
10    proceedings, or in the  manner  of  taking  testimony,  shall
11    invalidate any order or decision made by the Attorney General
12    pursuant to such hearing or investigation.

13        (15 ILCS 205/7.110 new)
14        Sec.  7.110.  Authority to administer oaths. The Attorney
15    General, or  any  person  duly  authorized  to  conduct  such
16    hearing  or  investigation,  shall  have  power to administer
17    oaths. Every  person  who,  having  taken  an  oath  or  made
18    affirmation   before   the  Attorney  General,  or  any  duly
19    authorized officer or employee thereof, shall wilfully  swear
20    or  affirm  falsely,  shall  be  guilty  of perjury, and upon
21    conviction shall be punished accordingly.

22        (15 ILCS 205/7.115 new)
23        Sec. 7.115.  Proof of records. The books, papers, records
24    and memoranda of the Illinois Department of Public  Aid,  the
25    Illinois  Department  of  Human  Services,  and  the Attorney
26    General or of the administrative enforcement unit,  or  parts
27    thereof,  may  be  proved  in  any hearing, investigation, or
28    legal proceeding by a photostatic or other copy thereof under
29    the  certificate  of  their  respective  Directors,  and  the
30    Attorney General or their designees.    Such  certified  copy
31    shall,  without  further  proof, be admitted into evidence in
32    the hearing before the Attorney General or in any other legal
 
                            -45-               LRB9206548DJgc
 1    proceeding.

 2        (15 ILCS 205/7.120 new)
 3        Sec. 7.120.  Proof of necessitous circumstances. Proof in
 4    any hearing before the Attorney General that a person  is  an
 5    applicant  for  or recipient of assistance under the Illinois
 6    Public Aid Code shall be prima  facie  proof  that  he  is  a
 7    "person  who  is  in  necessitous  circumstances by reason of
 8    infirmity, unemployment, or other cause depriving him of  the
 9    means of a livelihood compatible with health and well-being",
10    within the meaning of the Illinois Public Aid Code.

11        (15 ILCS 205/7.125 new)
12        Sec. 7.125.  Subpoenas.
13        (a)  The  Attorney  General,  or  any officer or employee
14    thereof designated in writing by the Attorney General,  shall
15    at  his  own instance, or on the written request of any other
16    party  to  the  proceeding,  issue  subpoenas  requiring  the
17    attendance of and the giving of testimony by  witnesses,  and
18    subpoenas  duces  tecum  requiring  the  production of books,
19    papers, records or memoranda.  The  subpoenas  and  subpoenas
20    duces  tecum  may  be  served  by any person of full age. Any
21    subpoena may be served in  the  same  manner  as  a  subpoena
22    issued  out  of  a  circuit  court, and may also be served by
23    United States registered or certified mail, addressed to  the
24    person concerned at his last known address, and proof of such
25    mailing  shall be sufficient for the purposes of Sections 7.1
26    through 7.305.
27        (b)  Subpoenas duces tecum issued in other  states  shall
28    be afforded  full faith and credit in this State.  Every such
29    subpoena  shall  have the full  force, effect, and attributes
30    of a subpoena issued in this State, including the ability  to
31    be enforced.
 
                            -46-               LRB9206548DJgc
 1        (15 ILCS 205/7.130 new)
 2        Sec.  7.130.  Witness  fees.  The  fees  of witnesses for
 3    attendance and travel shall  be  the  same  as  the  fees  of
 4    witnesses  before  the circuit court of this State; such fees
 5    to  be  paid  when  the  witness  is  excused  from   further
 6    attendance. When the witness is subpoenaed at the instance of
 7    the  Attorney General or any employee thereof, the fees shall
 8    be paid in the same manner as other expenses of the  Attorney
 9    General.  If the witness is subpoenaed at the instance of any
10    other party to  the  proceeding,  the  Attorney  General  may
11    require  that the cost of service of the subpoena or subpoena
12    duces tecum and the fee of the witness be borne by the  party
13    at  whose instance the witness is summoned. In such case, the
14    Attorney General may require a deposit to cover the  cost  of
15    such service and witness fees.

16        (15 ILCS 205/7.135 new)
17        Sec.   7.135.  Compelling   attendance   of  witness  and
18    production of records.  The  circuit  court,  of  the  county
19    wherein  the investigation or administrative hearing is held,
20    upon the application of the  Attorney  General  or  any  duly
21    authorized   officer   or   employee  thereof,  or  upon  the
22    application of any other party to the proceeding, may, in its
23    discretion,  compel  the   attendance   of   witnesses,   the
24    production  of  books,  papers, records or memorandum and the
25    giving of testimony before the Attorney General or  any  duly
26    authorized   officer   or   employee  thereof  conducting  an
27    investigation or holding a hearing authorized by Sections 7.1
28    through 7.305, by an attachment for contempt,  or  otherwise,
29    in the same manner as production of evidence may be compelled
30    before the court.

31        (15 ILCS 205/7.140 new)
32        Sec.  7.140.  Penalty  for  non-compliance with subpoena.
 
                            -47-               LRB9206548DJgc
 1    Any person who is served with a subpoena  or  subpoena  duces
 2    tecum,  issued by the Attorney General or any duly authorized
 3    officer or employee thereof, to  appear  and  testify  or  to
 4    produce  books  and papers, in the course of an investigation
 5    or hearing authorized by law, and who refuses or neglects  to
 6    appear,  or  to  testify,  or  to  produce  books  and papers
 7    relevant to such investigation or hearing,  as  commanded  in
 8    such subpoena, shall be guilty of a Class B misdemeanor.

 9        (15 ILCS 205/7.145 new)
10        Sec.  7.145.  Depositions.  The  Attorney  General or any
11    duly authorized officer or employee  thereof,  or  any  other
12    party  in  an  investigation  or  hearing before the Attorney
13    General, may cause the depositions  of  witnesses  within  or
14    without the State to be taken in the manner prescribed by law
15    for  like  depositions  in  civil  actions  in courts of this
16    State, and to that end compel the attendance of witnesses and
17    the production of books, papers, records or memoranda.

18        (15 ILCS 205/7.150 new)
19        Sec.  7.150.  Review  of  Attorney  General  decision  on
20    petition for hearing.  Any  responsible  relative  or  person
21    receiving  child  and  spouse support services under Sections
22    7.1 through 7.305 affected by a final administrative decision
23    of the Attorney General in a hearing, conducted  pursuant  to
24    Sections  7.97 through 7.145 in which such relative or person
25    receiving  services  was  a  party,  may  have  the  decision
26    reviewed only under and in accordance with the Administrative
27    Review Law. The provisions of the Administrative Review  Law,
28    and  the  rules  adopted pursuant thereto, shall apply to and
29    govern all proceedings for the judicial review of such  final
30    administrative  decisions  of  the Attorney General. The term
31    "administrative decision" is defined as in Section  3-101  of
32    the Code of Civil Procedure.
 
                            -48-               LRB9206548DJgc
 1        Appeals  from all final orders and judgments entered by a
 2    court upon review of the Attorney General's order in any case
 3    may be taken by either party to the proceeding and  shall  be
 4    governed by the rules applicable to appeals in civil cases.
 5        The remedy herein provided for appeal shall be exclusive,
 6    and  no  court  shall have jurisdiction to review the subject
 7    matter of any order made by the Attorney  General  except  as
 8    herein provided.

 9        (15 ILCS 205/7.152 new)
10        Sec.    7.152.  Relief    from   administrative   orders.
11    Notwithstanding the 30-day appeal period provided in Sections
12    7.90  and  7.95  and  the  limitation  on  review  of   final
13    administrative   decisions  contained  in  Section  7.150,  a
14    responsible relative or a person receiving child  and  spouse
15    support  services  under  Sections  7.1  through 7.305 who is
16    aggrieved by an administrative order  entered  under  Section
17    7.80  or 7.85 or an administrative determination of paternity
18    entered under Section 7.210 and who did not  petition  within
19    the  30-day  appeal  period may petition the Attorney General
20    for relief from the administrative order or determination  on
21    the  same  grounds  as are provided for relief from judgments
22    under Section 2-1401 of the Code  of  Civil  Procedure.   The
23    petition must be filed not later than 2 years after the entry
24    of  the  order or determination by the Attorney General.  The
25    day immediately subsequent to the mailing  of  the  order  or
26    determination  shall  be  considered as the first day and the
27    day the petition is received by the Attorney General shall be
28    considered as the last day in computing  the  2-year  period.
29    Any  period during which the person seeking relief is under a
30    legal disability or duress or during which  the  grounds  for
31    relief  are  fraudulently  concealed  shall  be  excluded  in
32    computing the period of 2 years.
33        Upon  receiving  a petition within the 2-year period, the
 
                            -49-               LRB9206548DJgc
 1    Attorney General shall provide for a hearing to  be  held  on
 2    the petition.

 3        (15 ILCS 205/7.155 new)
 4        Sec.  7.155.  Enforcement  of  administrative order. If a
 5    responsible relative refuses, neglects, or  fails  to  comply
 6    with a final administrative support or reimbursement order of
 7    the  Attorney General entered by the Child and Spouse Support
 8    Unit pursuant to Section 7.80 or 7.85 or registered  pursuant
 9    to  Section 7.180, the Child and Spouse Support Unit may file
10    suit against the responsible relative or relatives to  secure
11    compliance with the administrative order.
12        Suits  shall  be  instituted in the name of the People of
13    the State of Illinois on the relation of the Attorney General
14    of the State of Illinois and the spouse or dependent children
15    for whom the support order has been issued.
16        The  court  shall  order  the  payment  of  the   support
17    obligation, or orders for reimbursement of moneys for support
18    provided,  directly  to  the  Attorney  General but the order
19    shall permit the Attorney General to direct  the  responsible
20    relative or relatives to make payments of support directly to
21    the spouse or dependent children, or to some person or agency
22    in  his or their behalf, as provided in Section 7.50 or 7.60,
23    as applicable.
24        Whenever it is determined in a proceeding to  enforce  an
25    administrative   order   that  the  responsible  relative  is
26    unemployed, and support is sought on behalf of applicants for
27    or recipients of  financial  aid  under  Article  IV  of  the
28    Illinois  Public  Aid  Code  or  other  persons who are given
29    access to the child and spouse support services  of  Sections
30    7.1  through  7.305 as provided in Section 7.5, the court may
31    order the responsible relative to seek employment and  report
32    periodically  to  the  court  with  a diary, listing or other
33    memorandum of his or her  efforts  in  accordance  with  such
 
                            -50-               LRB9206548DJgc
 1    order.   In  addition,  the  court  may  order the unemployed
 2    responsible relative to report to  the  Department  of  Human
 3    Services  for  participation  in job search, training or work
 4    programs established under Section 9-6 and Article IXA of the
 5    Illinois Public Aid Code or to  the  Illinois  Department  of
 6    Employment  Security  for  job  search  services  or  to make
 7    application with the  local  Jobs  Training  Partnership  Act
 8    provider  for  participation  in job search, training or work
 9    programs.
10        To  the  extent  the  provisions  of  this  Section   are
11    inconsistent  with  the  requirements pertaining to the State
12    Disbursement  Unit  under  Sections  7.76  and   7.295,   the
13    provisions  pertaining  to  the State Disbursement Unit shall
14    apply.

15        (15 ILCS 205/7.160 new)
16        Sec.   7.160.  Judicial   enforcement   of   court    and
17    administrative  support  orders.   Court  orders  entered  in
18    proceedings   under   Section   7.60  and  court  orders  for
19    enforcement of an administrative order  under  Section  7.155
20    and for the payment of money may be enforced by attachment as
21    for  contempt  against  the persons of the defendants, and in
22    addition, as other judgments for the payment  of  money,  and
23    costs  may be adjudged against the defendants and apportioned
24    among them; but if the complaint is dismissed, costs shall be
25    borne by the Attorney General or the local governmental unit,
26    as the case may be.  If a responsible relative is directed by
27    the Attorney General, or the local governmental  unit,  under
28    the  conditions  stated  in  Section  7.50,  to  make support
29    payments directly to the person, or to some person or  agency
30    in his behalf, the court order entered against him under this
31    Section or Section 7.60 may be enforced as herein provided if
32    he thereafter fails to furnish support in accordance with its
33    terms.  The State of Illinois shall not be required to make a
 
                            -51-               LRB9206548DJgc
 1    deposit  for or pay any costs or fees of any court or officer
 2    thereof in any proceeding instituted under this Section.
 3        The  provisions  of  the  Civil  Practice  Law,  and  all
 4    amendments and modifications  thereof,  shall  apply  to  and
 5    govern  all actions instituted under this Section and Section
 6    7.60. In such actions proof that a person is an applicant for
 7    or recipient of public aid under any Article of the  Illinois
 8    Public  Aid  Code  shall  be  prima  facie proof that he is a
 9    person in necessitous circumstances by reason  of  infirmity,
10    unemployment  or  other cause depriving him of the means of a
11    livelihood compatible with health and well-being.
12        Payments under this Section to the Illinois Department of
13    Public Aid or the Attorney  General  pursuant  to  the  Child
14    Support  Enforcement Program established by Title IV-D of the
15    Social Security Act shall be  paid  into  the  Child  Support
16    Enforcement  Trust  Fund.  All payments under this Section to
17    the Illinois Department of Human Services shall be  deposited
18    in  the  DHS  Recoveries Trust Fund. Disbursements from these
19    funds shall be as provided in Sections 12-9.1 and 12-10.2  of
20    the  Illinois  Public  Aid Code. Payments received by a local
21    governmental unit shall be deposited in that  unit's  General
22    Assistance Fund.
23        In  addition  to  the penalties or punishment that may be
24    imposed  under  this  Section,  any  person   whose   conduct
25    constitutes  a  violation  of  Section  15 of the Non-Support
26    Punishment Act may be prosecuted under that  Section,  and  a
27    person  convicted  under  that  Section  may  be sentenced in
28    accordance with that Section.  The sentence may  include  but
29    need  not be limited to a requirement that the person perform
30    community service under subsection (b)  of  that  Section  or
31    participate  in  a  work alternative program under subsection
32    (c) of  that  Section.  A  person  may  not  be  required  to
33    participate  in  a  work alternative program under subsection
34    (c) of that Section if the person is currently  participating
 
                            -52-               LRB9206548DJgc
 1    in a work program pursuant to Section 7.85 of this Act.
 2        To   the  extent  the  provisions  of  this  Section  are
 3    inconsistent with the requirements pertaining  to  the  State
 4    Disbursement   Unit   under  Sections  7.76  and  7.295,  the
 5    provisions pertaining to the State  Disbursement  Unit  shall
 6    apply.

 7        (15 ILCS 205/7.165 new)
 8        Sec.  7.165.  Withholding  of income to secure payment of
 9    support.  Orders  for  support  entered  under  Sections  7.1
10    through  7.305  of  this  Act  are  subject  to  the   Income
11    Withholding for Support Act.

12        (15 ILCS 205/7.170 new)
13        Sec.  7.170.  Posting  security,  bond  or  guarantee  to
14    secure  payment.    The  court  may  require  the responsible
15    relative  to  post  security  or  bond  or  give  some  other
16    guarantee of a character  and  amount  sufficient  to  assure
17    payment of any amount of support due.

18        (15 ILCS 205/7.172 new)
19        Sec. 7.172.  Information concerning obligors.
20        (a)  In this Section:
21        "Arrearage",  "delinquency",  "obligor",  and  "order for
22    support" have the  meanings  attributed  to  those  terms  in
23    Section 7.165 of this Act.
24        "Consumer reporting agency" has the meaning attributed to
25    that term in Section 603(f) of the Fair Credit Reporting Act,
26    15 U.S.C. 1681a(f).
27        (b)  Whenever  a  court  of  competent jurisdiction finds
28    that an obligor either owes an arrearage of more than $10,000
29    or is delinquent in payment of an amount equal to at least  3
30    months'  support obligation pursuant to an order for support,
31    the court shall  direct  the  clerk  of  the  court  to  make
 
                            -53-               LRB9206548DJgc
 1    information  concerning  the  obligor  available  to consumer
 2    reporting agencies.
 3        (c)  Whenever a court  of  competent  jurisdiction  finds
 4    that an obligor either owes an arrearage of more than $10,000
 5    or  is delinquent in payment of an amount equal to at least 3
 6    months' support obligation pursuant to an order for  support,
 7    the  court  shall  direct the clerk of the court to cause the
 8    obligor's name and address to be published in a newspaper  of
 9    general circulation in the area in which the obligor resides.
10    The  clerk  shall  cause the obligor's name and address to be
11    published only after sending to the obligor at the  obligor's
12    last   known  address,  by  certified  mail,  return  receipt
13    requested, a notice of intent  to  publish  the  information.
14    This  subsection  (c)  applies only if the obligor resides in
15    the county in which the clerk of the court holds office.

16        (15 ILCS 205/7.173 new)
17        Sec. 7.173.  Interest on support obligations.  A  support
18    obligation,  or  any  portion  of a support obligation, which
19    becomes due and remains unpaid for  30  days  or  more  shall
20    accrue interest at the rate of 9% per annum.

21        (15 ILCS 205/7.174 new)
22        Sec. 7.174. Electronic Funds Transfer Committee.
23        (a)  The  Attorney  General  shall  establish  within the
24    Office of the Attorney General an Electronic  Funds  Transfer
25    Committee.  The Attorney General or his or her designee shall
26    be a member of the committee and shall serve  as  chairperson
27    of the committee.  The Attorney General shall appoint 4 other
28    members of the committee, 2 of whom shall represent employers
29    in  this  State  and  2  of  whom shall represent the banking
30    industry in this  State.   The  administrator  of  the  State
31    Disbursement Unit established under Section 7.295 shall be an
32    ex officio member of the committee.
 
                            -54-               LRB9206548DJgc
 1        (b)  The  committee  shall study ways to modify or expand
 2    the use of electronic funds  transfers  for  the  payment  of
 3    child  support.   The committee shall report its findings and
 4    recommendations to the  Governor  and  the  General  Assembly
 5    before December 1, 2001.
 6        (c)  The committee is abolished on December 1, 2001.

 7        (15 ILCS 205/7.175 new)
 8        Sec.  7.175.  Other actions and remedies for support. The
 9    procedures, actions and remedies  provided  in  Sections  7.1
10    through  7.305  shall  in  no  way be exclusive, but shall be
11    available in  addition  to  other  actions  and  remedies  of
12    support,  including,  but  not  by  way  of  limitation,  the
13    remedies  provided  in  the Paternity Act, the Non-Support of
14    Spouse and Children Act, the Non-Support Punishment Act,  and
15    the Revised Uniform Reciprocal Enforcement of Support Act.

16        (15 ILCS 205/7.180 new)
17        Sec.  7.180.  Administrative  order by registration.  The
18    Attorney General may provide by rule for  the  administrative
19    registration  of  a  support  order  entered  by  a  court or
20    administrative  body  of  another  state.  The   purpose   of
21    registration  shall  be  to  enforce  or  modify the order in
22    accordance with the  provisions  of  the  Uniform  Interstate
23    Family  Support  Act.  Upon  registration, such support order
24    shall become an administrative order of the Child and  Spouse
25    Support Unit by operation of law.  The rule shall provide for
26    notice  to  and an opportunity to be heard by the responsible
27    relative  and  custodial  parent  affected  and   any   final
28    administrative  decision  rendered  by  the  Attorney General
29    shall be reviewed only  under  and  in  accordance  with  the
30    Administrative Review Law.
31        Any  new  or  existing  support  order  registered by the
32    Attorney General under this Section shall be deemed to  be  a
 
                            -55-               LRB9206548DJgc
 1    series  of  judgments  against  the  person  obligated to pay
 2    support thereunder, each such judgment to be in the amount of
 3    each payment or installment of support and each such judgment
 4    to be deemed entered as of the date the corresponding payment
 5    or installment becomes due under the  terms  of  the  support
 6    order.    Each such judgment shall be enforceable in the same
 7    manner as any other judgment in this State. A lien arises  by
 8    operation  of  law  against the real and personal property of
 9    the noncustodial  parent  for  each  installment  of  overdue
10    support owed by the noncustodial parent.

11        (15 ILCS 205/7.185 new)
12        Sec.  7.185.  Income withholding by administrative order.
13    The Attorney General may provide by  rule  for  entry  of  an
14    administrative  support  order  containing income withholding
15    provisions and for  service  and  enforcement  of  an  income
16    withholding  notice,  by  the  Child  and Spouse Support Unit
17    based upon and in the same manner as prescribed by the Income
18    Withholding for Support Act. The penalties  provided  in  the
19    Income  Withholding  for  Support  Act shall apply hereto and
20    shall be enforced by filing an action  under  that  Act.  The
21    rule  shall  provide  for  notice to and an opportunity to be
22    heard by the responsible  relative  affected  and  any  final
23    administrative  decision  rendered  by  the  Attorney General
24    shall be reviewed only  under  and  in  accordance  with  the
25    Administrative Review Law.

26        (15 ILCS 205/7.190 new)
27        Sec.  7.190.  Federal  income  tax refund intercept.  The
28    Attorney General may provide by rule for certification to the
29    Department of Health and Human Services of past  due  support
30    owed  by  responsible relatives under a support order entered
31    by a court or administrative body of this or any other  State
32    on  behalf  of resident or non-resident persons.  The purpose
 
                            -56-               LRB9206548DJgc
 1    of certification shall be to  intercept  federal  income  tax
 2    refunds  due such relatives in order to satisfy such past due
 3    support in whole or in part.
 4        The rule shall provide for notice to and  an  opportunity
 5    to  be  heard  by  the  responsible relative affected and any
 6    final  administrative  decision  rendered  by  the   Attorney
 7    General  shall  be reviewed only under and in accordance with
 8    the  Administrative  Review  Law.   Certification  shall   be
 9    accomplished  in  accordance  with  Title  IV,  Part D of the
10    federal  Social  Security  Act  and  rules  and   regulations
11    promulgated thereunder.

12        (15 ILCS 205/7.195 new)
13        Sec.   7.195.  Security,  bond  or  guarantee  to  secure
14    payment.  The Attorney General may provide by  rule  for  the
15    requiring  of, or for the requesting of the court to require,
16    a responsible relative to post security or bond or give  some
17    other  guarantee  of  a  character  and  amount sufficient to
18    assure payment of  any  amount  due  under  a  support  order
19    entered  by  a  court  or  administrative body of this or any
20    other State on behalf of resident  or  non-resident  persons.
21    The rule shall provide for notice to and an opportunity to be
22    heard  by  each  responsible  relative affected and any final
23    administrative decision  rendered  by  the  Attorney  General
24    shall  be  reviewed  only  under  and  in accordance with the
25    Administrative Review Law.

26        (15 ILCS 205/7.200 new)
27        Sec. 7.200.  State income tax refund  and  other  payment
28    intercept.   The  Attorney  General  may  provide by rule for
29    certification to the Comptroller of past due support owed  by
30    responsible  relatives  under  a  support  order entered by a
31    court or administrative body of this or any  other  State  on
32    behalf  of  resident or non-resident persons.  The purpose of
 
                            -57-               LRB9206548DJgc
 1    certification shall be to intercept state income tax  refunds
 2    and  other  payments  due  such relatives in order to satisfy
 3    such past due support, in whole or in part,  whether  or  not
 4    such  support  is  owed to the State.  The rule shall provide
 5    (i) for notice to and an  opportunity  to  be  heard  by  the
 6    responsible  relative and any joint payee affected, (ii) that
 7    any final administrative decision rendered  by  the  Attorney
 8    General  shall  be reviewed only under and in accordance with
 9    the Administrative Review  Law,  (iii)  for  distribution  of
10    intercepted  moneys  in  accordance with the federal Personal
11    Responsibility and Work  Opportunity  Reconciliation  Act  of
12    1996,  and  (iv)  for provision of the responsible relative's
13    social  security  number  (or  numbers  if  the   responsible
14    relative  has  more than one such number) and home address to
15    the Illinois Department of Public Aid  and  to  the  Attorney
16    General.   In  any  case  where  a state income tax refund is
17    intercepted wrongfully or erroneously,  the Attorney  General
18    shall  pay  to such relative and any joint payee affected the
19    amount of the refund plus interest, if any, on such amount at
20    the rate of 9% per annum (or at  such  adjusted  rate  as  is
21    established  under  Section  6621(b)  of the Internal Revenue
22    Code).  Interest  shall  be  calculated  from  the  date  the
23    Attorney   General  receives  the  refund  or  from  60  days
24    following the date the Attorney General receives a request to
25    be heard, whichever is later, until the date  of  payment  to
26    such relative and joint payee.

27        (15 ILCS 205/7.205 new)
28        Sec.  7.205.  Past  due  support information to licensing
29    agencies.  The Attorney  General  may  provide  by  rule  for
30    certification  to  any  State  licensing  agency  of past due
31    support owed by responsible relatives under a  support  order
32    entered  by  a  court  or  administrative body of this or any
33    other State on behalf of resident  or  non-resident  persons.
 
                            -58-               LRB9206548DJgc
 1    The rule shall provide for notice to and an opportunity to be
 2    heard  by  each  responsible  relative affected and any final
 3    administrative decision  rendered  by  the  Attorney  General
 4    shall  be  reviewed  only  under  and  in accordance with the
 5    Administrative Review Law.

 6        (15 ILCS 205/7.210 new)
 7        Sec. 7.210.  Administrative determination  of  paternity.
 8    The   Attorney   General   may   provide   by  rule  for  the
 9    administrative determination of paternity by  the  Child  and
10    Spouse  Support  Unit  in  cases  involving applicants for or
11    recipients of financial aid under Article IV of the  Illinois
12    Public Aid Code and other persons who are given access to the
13    child  and  spouse  support  services of Sections 7.1 through
14    7.305 as provided in Section 7.5, including persons similarly
15    situated and receiving similar services in other states.  The
16    rules shall extend to cases in which the mother  and  alleged
17    father voluntarily acknowledge paternity in the form required
18    by  the Attorney General, or agree to be bound by the results
19    of genetic testing, or in which the alleged father has failed
20    to respond to a notification  of  support  obligation  issued
21    under  Section 7.30, and to cases of contested paternity. Any
22    presumption provided for under the Illinois Parentage Act  of
23    1984  shall  apply  to cases in which paternity is determined
24    under the rules of the Attorney  General.   The  rules  shall
25    provide  for  notice  and  an  opportunity to be heard by the
26    responsible relative  and  the  person  receiving  child  and
27    spouse  support  services under Sections 7.1 through 7.305 if
28    paternity is not  voluntarily  acknowledged,  and  any  final
29    administrative  decision  rendered  by  the  Attorney General
30    shall be reviewed only  under  and  in  accordance  with  the
31    Administrative  Review  Law. Determinations of paternity made
32    by the Attorney General under the rules  authorized  by  this
33    Section  shall  have  the  full  force  and effect of a court
 
                            -59-               LRB9206548DJgc
 1    judgment of paternity entered under  the  Illinois  Parentage
 2    Act of 1984.
 3        In determining paternity in contested cases, the Attorney
 4    General  shall  conduct the evidentiary hearing in accordance
 5    with Section 11 of the Parentage Act  of  1984,  except  that
 6    references  in that Section to "the court" shall be deemed to
 7    mean the Attorney General's hearing officer in cases in which
 8    paternity is  determined  administratively  by  the  Attorney
 9    General.
10        The Attorney General shall provide by rule for procedures
11    for genetic testing in accordance with any applicable federal
12    laws.
13        Notwithstanding  any  other  provision  of  Sections  7.1
14    through  7.305,  a  default determination of paternity may be
15    made if service of the notice under Section 7.30 was made  by
16    publication  under  the  rules  for  administrative paternity
17    determination authorized by this Section.  The rules as  they
18    pertain  to  service by publication shall (i) be based on the
19    provisions of Section 2-206 and 2-207 of the  Code  of  Civil
20    Procedure,  (ii)  provide for service by publication in cases
21    in which the whereabouts of the alleged  father  are  unknown
22    after  diligent  location  efforts  by  the  Child and Spouse
23    Support Unit, and (iii) provide for publication of  a  notice
24    of  default  paternity  determination in the same manner that
25    the notice under Section 7.30 was published.
26        The Attorney General may implement this  Section  through
27    the use of emergency rules in accordance with Section 5-45 of
28    the  Illinois  Administrative Procedure Act.  For purposes of
29    the Illinois Administrative Procedure Act,  the  adoption  of
30    rules  to  implement  this  Section  shall  be  considered an
31    emergency and necessary for the public interest, safety,  and
32    welfare.

33        (15 ILCS 205/7.215 new)
 
                            -60-               LRB9206548DJgc
 1        Sec. 7.215.  New birth certificate.  The Attorney General
 2    shall  notify  the  Department  of  Public  Health of a final
 3    determination of parentage and a voluntary acknowledgment  of
 4    paternity  made  under the rules authorized by Section 7.210,
 5    and the  Department  of  Public  Health  shall  issue  a  new
 6    certificate  of  birth  pursuant  to  Section 17 of the Vital
 7    Records Act.

 8        (15 ILCS 205/7.220 new)
 9        Sec.  7.220.  Past  due  support  information  to   State
10    Department of Revenue.
11        (a)  The   Attorney  General  may  provide  by  rule  for
12    certification to the Illinois Department of Revenue  of  past
13    due  support  owed  by  responsible relatives under a support
14    order entered by a court or administrative body  of  this  or
15    any  other  State  on  behalf  of  resident  or  non-resident
16    persons.   The  rule  shall  provide  for  notice  to  and an
17    opportunity  to  be  heard  by  each   responsible   relative
18    affected.   Any final administrative decision rendered by the
19    Attorney  General  shall  be  reviewed  only  under  and   in
20    accordance with the Administrative Review Law.  A responsible
21    relative  may  avoid certification to the Illinois Department
22    of Revenue by establishing a satisfactory repayment record as
23    determined by the Attorney General.
24        (b)  A certified past due support amount shall be  final.
25    The  certified  amount  shall  be  payable  to  the  Illinois
26    Department  of  Revenue  upon  written  notification  of  the
27    certification  to  the  responsible  relative by the Illinois
28    Department of Revenue.
29        (c)  In  the  event  a  responsible   relative   overpays
30    pursuant  to collection under this Section and the applicable
31    Sections of the Illinois  Income  Tax  Act,  the  overpayment
32    shall be a credit against future support obligations.  If the
33    current  support  obligation  of the responsible relative has
 
                            -61-               LRB9206548DJgc
 1    terminated under  operation of law or court order, any moneys
 2    overpaid but still in the possession of the Attorney  General
 3    shall be promptly returned to the responsible relative.
 4        (d)  Except  as  otherwise  provided in this Article, any
 5    child  support  delinquency   certified   to   the   Illinois
 6    Department  of  Revenue  shall  be treated as a child support
 7    delinquency for all other purposes, and any collection action
 8    by the State's Attorney or the Illinois Department of Revenue
 9    with respect to any delinquency certified under Sections  7.1
10    through   7.305   shall   have   the  same  priority  against
11    attachment, execution, assignment, or other collection action
12    as is provided by any other provision of State law.
13        (e)  Any  child  support  delinquency  collected  by  the
14    Illinois Department of Revenue, including those amounts  that
15    result  in  overpayment of a child support delinquency, shall
16    be paid to the  State  Disbursement  Unit  established  under
17    Section 7.295.

18        (15 ILCS 205/7.221 new)
19        Sec.  7.221.  Requests to other states for administrative
20    enforcement. The Attorney General may provide by rule for the
21    procedures to be followed in the  administrative  enforcement
22    of  interstate  cases.  The rule may provide for responses to
23    requests made by other states to enforce  support  orders  in
24    accordance  with any applicable federal laws and regulations,
25    for certification to other states' child support  enforcement
26    agencies  of  past  due support owed by responsible relatives
27    under a support order entered by a  court  or  administrative
28    body  of  this  or  any  other state on behalf of resident or
29    nonresident persons (including certification of the amount of
30    support in arrears and of compliance with all procedural  due
31    process   requirements),   and  for  maintenance  of  records
32    relating to interstate cases. The  purpose  of  certification
33    shall   be   to  request  the  other  states'  assistance  in
 
                            -62-               LRB9206548DJgc
 1    administrative enforcement of the support orders.   The  rule
 2    shall provide for notice to and an opportunity to be heard by
 3    the    responsible   relative   affected,   and   any   final
 4    administrative decision  rendered  by  the  Attorney  General
 5    shall  be  reviewed  only  under  and  in accordance with the
 6    Administrative Review Law.

 7        (15 ILCS 205/7.223 new)
 8        Sec. 7.223.  Grandparents' support  obligation.   If  the
 9    noncustodial  parent  of  a  child is an unemancipated minor,
10    then to the extent that the  minor  parent  has  insufficient
11    financial   resources   to   fulfill   his   or  her  support
12    responsibilities to the child,  the  parents  of  that  minor
13    parent  are  jointly  and severally responsible for any child
14    support for the child of that minor parent if that child is a
15    recipient of assistance under the State's plan  for  aid  and
16    services to needy families with children.

17        (15 ILCS 205/7.225 new)
18        Sec.    7.225.  Recoveries;   deductibility   of   direct
19    relatives' support payment. In any actions for  the  recovery
20    of  the  financial aid, including actions for the enforcement
21    of estate and lien claims, amounts contributed by responsible
22    relatives either voluntarily or by  court  or  administrative
23    order and paid to the Illinois Department of Public Aid or to
24    a local governmental unit shall be deducted from the claim of
25    the State or the governmental unit.

26        (15 ILCS 205/7.230 new)
27        Sec.  7.230.  Support  payments ordered under other laws.
28    The Attorney General, Illinois Department of Public Aid,  and
29    local  governmental  units are authorized to receive payments
30    directed by court order for the  support  of  recipients,  as
31    provided in the following Acts:
 
                            -63-               LRB9206548DJgc
 1             (1)  The Non-Support of Spouse and Children Act.
 2             (1.5)  The Non-Support Punishment Act.
 3             (2)  The   Illinois   Marriage  and  Dissolution  of
 4        Marriage Act.
 5             (3)  The Illinois Parentage Act of 1984.
 6             (4)  The Revised Uniform Reciprocal  Enforcement  of
 7        Support Act.
 8             (5)  The  Juvenile  Court  Act or the Juvenile Court
 9        Act of 1987.
10             (6)  The Unified Code of Corrections.
11             (7)  Part 7 of Article XII  of  the  Code  of  Civil
12        Procedure.
13             (8)  Part  8  of  Article  XII  of the Code of Civil
14        Procedure.
15             (9)  Other laws which may provide by judicial  order
16        for direct payment of support moneys.
17        Payments under this Section to the Illinois Department of
18    Public  Aid  or  the  Attorney  General pursuant to the Child
19    Support Enforcement Program established by Title IV-D of  the
20    Social  Security  Act  shall  be  paid into the Child Support
21    Enforcement Trust Fund. All payments under  this  Section  to
22    the  Illinois Department of Human Services shall be deposited
23    in the DHS Recoveries Trust Fund.  Disbursements  from  these
24    funds  shall be as provided in Sections 12-9.1 and 12-10.2 of
25    the Illinois Public Aid Code. Payments received  by  a  local
26    governmental  unit  shall be deposited in that unit's General
27    Assistance Fund.
28        To  the  extent  the  provisions  of  this  Section   are
29    inconsistent  with  the  requirements pertaining to the State
30    Disbursement  Unit  under  Sections  7.76  and   7.295,   the
31    provisions  pertaining  to  the State Disbursement Unit shall
32    apply.

33        (15 ILCS 205/7.235 new)
 
                            -64-               LRB9206548DJgc
 1        Sec. 7.235.  Amnesty program.  The Attorney  General  may
 2    provide  by  rule  for  the  establishment of a child support
 3    enforcement amnesty program for responsible relatives who owe
 4    support under Sections  7.1  through  7.305,  to  the  extent
 5    permitted  by  federal  law  and  regulation.  The rule shall
 6    provide for the suspending of specified enforcement  actions,
 7    the  duration of the suspension period or periods, the action
 8    the  responsible  relative  must   take   to   avoid   future
 9    enforcement action, and the announcement of the program.

10        (15 ILCS 205/7.240 new)
11        Sec. 7.240.  Collection of past-due child support charge.
12    The  Attorney  General may collect, on behalf of the Illinois
13    Department of Public Aid, any one-time charge imposed on  the
14    amount  of  past-due child support in accordance with Section
15    10-21 of the Illinois Public  Aid  Code,  subsection  (c)  of
16    Section  505  of  the  Illinois  Marriage  and Dissolution of
17    Marriage Act, Section 3 of  the  Non-Support  of  Spouse  and
18    Children  Act,  Section  24 of the Revised Uniform Reciprocal
19    Enforcement of Support Act, and subsection (g) of Section  14
20    of the Illinois Parentage Act of 1984.

21        (15 ILCS 205/7.250 new)
22        Sec.  7.250.   Employer  obligations.   If  a  parent  is
23    required  by  a  court or administrative order for support to
24    provide coverage for a child's health care  expenses  and  if
25    that  coverage is available to the parent through an employer
26    who does business in this State, the employer must do all  of
27    the  following upon receipt of a copy of the order of support
28    or order for withholding:
29             (1)  The employer shall, upon the parent's  request,
30        permit the parent to include in that coverage a child who
31        is  otherwise  eligible for that coverage, without regard
32        to  any  enrollment  season   restrictions   that   might
 
                            -65-               LRB9206548DJgc
 1        otherwise  be  applicable  as  to  the time period within
 2        which the child may be added to that coverage.
 3             (2)  If the parent has health care coverage  through
 4        the  employer  but  fails  to  apply  for coverage of the
 5        child, the  employer  shall  include  the  child  in  the
 6        parent's  coverage  upon application by the child's other
 7        parent or the Attorney General.
 8             (3)  The employer may not eliminate any  child  from
 9        the  parent's health care coverage unless the employee is
10        no longer employed by the employer and no longer  covered
11        under  the  employer's  group  health  plan or unless the
12        employer is provided with satisfactory  written  evidence
13        of either of the following:
14                  (A)  The  court  or  administrative order is no
15             longer in effect.
16                  (B)  The child is or  will  be  included  in  a
17             comparable  health  care plan obtained by the parent
18             under such order that is currently in effect or will
19             take  effect  no  later  than  the  date  the  prior
20             coverage is terminated.
21             The employer may eliminate a child from  a  parent's
22        health  care  coverage  if  the  employer  has eliminated
23        dependent health care coverage for all of its employees.

24        (15 ILCS 205/7.255 new)
25        Sec.  7.255.   Definitions.   In  this  Section   through
26    Section 7.285:
27        "Account"  means  a  demand  deposit account, checking or
28    negotiable withdrawal order account,  savings  account,  time
29    deposit account, or money market mutual fund account.
30        "Financial institution" includes:
31             (1)  a  depository institution, which is any bank or
32        saving association;
33             (2)  an insured depository institution, which is any
 
                            -66-               LRB9206548DJgc
 1        bank or saving institution  the  deposits  of  which  are
 2        insured pursuant to the Federal Deposit Insurance Act, or
 3        any  uninsured  branch  or  agency of a foreign bank or a
 4        commercial lending  company  owned  or  controlled  by  a
 5        foreign bank;
 6             (3)  a  federal depository institution, which is any
 7        national bank, any federal savings  association,  or  any
 8        federal branch;
 9             (4)  a  state  depository  institution, which is any
10        state bank, any state savings association, or any insured
11        branch which is not a federal branch;
12             (5)  a federal credit union, which is a  cooperative
13        association  organized  in accordance with the provisions
14        of the Federal Credit Union Act;
15             (6)  a  state  chartered  credit  union   which   is
16        organized  and  operated according to the laws of this or
17        any other state, which laws provide for the  organization
18        of  credit  unions similar in principle and objectives to
19        federal credit unions; and
20             (7)  any  benefit  association,  insurance  company,
21        safe  deposit  company,  money  market  mutual  fund,  or
22        similar entity authorized to do business in this State.
23        "Financial record" has the meaning given to that term  in
24    Section 1101 of the federal Right to Financial Privacy Act of
25    1978 (12 U.S.C. 3401).

26        (15 ILCS 205/7.260 new)
27        Sec. 7.260.  Financial institutions data matches.
28        (a)  The Attorney General may design and implement a data
29    match  system  pursuant  to  which the Attorney General shall
30    enter  into  agreements  with  financial  institutions  doing
31    business  in  this  State  for  the  purpose  of  identifying
32    accounts as defined in Section 7.255 of responsible relatives
33    who owe past-due child support.
 
                            -67-               LRB9206548DJgc
 1        (b)  Every  agreement  entered  into  with  a   financial
 2    institution  under  this Section shall provide, at the option
 3    of the financial institution, either (i) that  the  financial
 4    institution  shall  compare  data concerning account holders,
 5    owners, or customers who maintain one  or  more  accounts  as
 6    defined  in  Section  7.255 at the financial institution with
 7    data  concerning  individuals  identified  by  the   Attorney
 8    General  as  responsible  relatives  who  owe  past-due child
 9    support and for each  of  whom  the  Attorney  General  shall
10    provide  the name, record address, and social security number
11    or tax identification number,  or  (ii)  that  the  financial
12    institution  shall  provide the social security number or tax
13    identification number of  the  account  holders,  owners,  or
14    customers  who  maintain   one or more accounts as defined in
15    Section 7.255 at the financial institution  to  the  Attorney
16    General,  who  shall  compare  that data with data concerning
17    individuals  identified  as  responsible  relatives  who  owe
18    past-due child support.
19        (c)  Every agreement  shall  provide  that  the  Attorney
20    General  shall  pay to the financial institution providing or
21    comparing the  data  a  reasonable  fee  not  to  exceed  the
22    institution's actual cost of providing the data or performing
23    the comparison.
24        (d)  If  the  financial  institution  or Attorney General
25    determines that the name and either social security number or
26    tax identification number of an individual identified by  the
27    Attorney  General  under  subsection  (b)  match the name and
28    either social security number or tax identification number of
29    the account holder, owner, or customer who maintains  one  or
30    more  accounts  as  defined in Section 7.255 at the financial
31    institution, then the financial institution shall report  the
32    individual's  name  and  either social security number or tax
33    identification number  to  the  Attorney  General,  for  each
34    calendar quarter in which the individual is identified by the
 
                            -68-               LRB9206548DJgc
 1    Attorney  General as a responsible relative who owes past-due
 2    child support.

 3        (15 ILCS 205/7.265 new)
 4        Sec. 7.265.  Types  of  accounts  to  be  reported.   The
 5    reporting requirements of Section 7.260 regarding accounts as
 6    defined  in Section 7.255 apply to individual accounts, joint
 7    accounts, and sole proprietorship accounts. In the case of  a
 8    joint account, the account holder or owner shall be deemed to
 9    be  the  primary  account  holder or owner established by the
10    financial  institution  in  accordance  with   federal   1099
11    reporting requirements.

12        (15 ILCS 205/7.270 new)
13        Sec.  7.270.   Accommodation  of  financial institutions.
14    The Attorney  General  shall  make  a  reasonable  effort  to
15    accommodate   those   financial  institutions  on  which  the
16    requirements of Sections 7.1 through  7.305  would  impose  a
17    hardship.    In   the   case  of  a  non-automated  financial
18    institution, a paper copy including  either  social  security
19    numbers  or  tax  identification  numbers  is  an  acceptable
20    format.     In   order   to   allow   for   data   processing
21    implementation, no agreement shall become  effective  earlier
22    than 90 days after its execution.

23        (15 ILCS 205/7.275 new)
24        Sec. 7.275.  Financial institution's charges on account.
25        (a)   If   the  Attorney  General  requests  a  financial
26    institution to hold or  encumber  assets  in  an  account  as
27    defined  in Section 7.255, the financial institution at which
28    the account as defined in Section  7.255  is  maintained  may
29    charge  and  collect  its normally scheduled account activity
30    fees to maintain the account during the period  of  time  the
31    account assets are held or encumbered.
 
                            -69-               LRB9206548DJgc
 1        (b)  If  the Attorney General takes any action to enforce
 2    a lien or levy imposed on an account, as defined  in  Section
 3    7.255,  under  Section  7.292,  the  financial institution at
 4    which the account is maintained may charge to the  account  a
 5    fee  of up to $50 and shall deduct the amount of the fee from
 6    the account before remitting any moneys from the  account  to
 7    the Attorney General.

 8        (15 ILCS 205/7.280 new)
 9        Sec.  7.280.   Confidentiality.  All information provided
10    by a financial institution under Sections 7.255 through 7.285
11    is confidential and may be  used  only  for  the  purpose  of
12    enforcing  payment  of  child  support.  The Attorney General
13    shall adopt rules to safeguard any  confidential  information
14    received from a financial institution.

15        (15 ILCS 205/7.285 new)
16        Sec.   7.285.    Financial   institution's  freedom  from
17    liability.  A financial institution that provides information
18    under Sections 7.255 through 7.285 shall not be liable to any
19    account  holder,  owner,  or  other  person  in  any   civil,
20    criminal, or administrative action for any of the following:
21             (1)  Disclosing  the  required  information  to  the
22        Attorney  General,  any  other  provisions of the law not
23        withstanding.
24             (2)  Holding, encumbering, or surrendering any of an
25        individual's accounts as  defined  in  Section  7.255  in
26        response  to  a  lien  or  order  to withhold and deliver
27        issued by:
28                  (A)  the Attorney General under Sections  7.290
29             and 7.292; or
30                  (B)  a person or entity acting on behalf of the
31             Attorney General.
32             (3)  Any other action taken or omission made in good
 
                            -70-               LRB9206548DJgc
 1        faith  to  comply  with  Sections  7.255  through  7.285,
 2        including  individual or mechanical errors, provided that
 3        the  action  or  omission  does  not   constitute   gross
 4        negligence or willful misconduct.

 5        (15 ILCS 205/7.290 new)
 6        Sec.  7.290.  Administrative  liens  and  levies  on real
 7    property for past-due child support.
 8        (a)  The State  shall  have  a  lien  on  all  legal  and
 9    equitable  interests  of  responsible relatives in their real
10    property in  the  amount  of  past-due  child  support  owing
11    pursuant to an order for child support entered under Sections
12    7.60  and 7.80 of this Act or Sections 10-10 and 10-11 of the
13    Illinois Public Aid Code or under the Illinois  Marriage  and
14    Dissolution  of  Marriage  Act, the Non-Support of Spouse and
15    Children Act, the Non-Support  Punishment  Act,  the  Uniform
16    Interstate  Family Support Act, or the Illinois Parentage Act
17    of 1984.
18        (b)  The Attorney  General  shall  provide  by  rule  for
19    notice  to and an opportunity to be heard by each responsible
20    relative affected,  and  any  final  administrative  decision
21    rendered by the Attorney General shall be reviewed only under
22    and in accordance with the Administrative Review Law.
23        (c)  When  enforcing  a lien under subsection (a) of this
24    Section, the Attorney General shall  have  the  authority  to
25    execute  notices  of  administrative  liens and levies, which
26    shall  contain  the  name  and  address  of  the  responsible
27    relative, a legal description of  the  real  property  to  be
28    levied,  the  fact  that a lien is being claimed for past-due
29    child support, and such other  information  as  the  Attorney
30    General  may  by  rule prescribe.  The Attorney General shall
31    record the notice of lien with the recorder or  registrar  of
32    titles  of the county or counties in which the real estate is
33    located.
 
                            -71-               LRB9206548DJgc
 1        (d)  The State's  lien  under  subsection  (a)  shall  be
 2    enforceable  upon the recording or filing of a notice of lien
 3    with the recorder or registrar of titles  of  the  county  or
 4    counties in which the real estate is located.  The lien shall
 5    be  prior  to any lien thereafter recorded or filed and shall
 6    be  notice  to   a   subsequent   purchaser,   assignor,   or
 7    encumbrancer  of  the  existence and nature of the lien.  The
 8    lien shall be inferior to the lien of general taxes,  special
 9    assessment,  and special taxes heretofore or hereafter levied
10    by any political subdivision or municipal corporation of  the
11    State.
12        In the event that title to the land to be affected by the
13    notice  of  lien  is  registered  under the Registered Titles
14    (Torrens) Act, the notice shall be filed in the office of the
15    registrar of titles as a memorial or charge upon each  folium
16    of  the  register  of  titles affected by the notice; but the
17    State shall not have a preference over the rights of any bona
18    fide purchaser, mortgagee, judgment creditor, or  other  lien
19    holders registered prior to the registration of the notice.
20        (e)  The  recorder  or registrar of titles of each county
21    shall procure a file labeled "Child Support Lien Notices" and
22    an index book labeled "Child  Support  Lien  Notices".   When
23    notice  of any lien is presented to the recorder or registrar
24    of titles for filing, the recorder  or  registrar  of  titles
25    shall  file it in numerical order in the file and shall enter
26    it alphabetically in the index.  The  entry  shall  show  the
27    name  and  last  known  address  of  the  person named in the
28    notice, the serial number of the notice, the date and hour of
29    filing, and the amount of child support due at the time  when
30    the lien is filed.
31        (f)  The  Attorney  General  shall  not  be  required  to
32    furnish  bond  or make a deposit for or pay any costs or fees
33    of any court or  officer  thereof  in  any  legal  proceeding
34    involving the lien.
 
                            -72-               LRB9206548DJgc
 1        (g)  To  protect the lien of the State for past-due child
 2    support, the  Attorney  General  may,  from  funds  that  are
 3    available for that purpose, pay or provide for the payment of
 4    necessary  or  essential  repairs, purchase tax certificates,
 5    pay balances due on land contracts, or pay  or  cause  to  be
 6    satisfied  any  prior liens on the property to which the lien
 7    hereunder applies.
 8        (h)  A lien on real property under this Section shall  be
 9    released  pursuant  to  Section  12-101  of the Code of Civil
10    Procedure.
11        (i)  The Attorney General, acting in behalf of the State,
12    may foreclose the lien in a judicial proceeding to  the  same
13    extent  and in the same manner as in the enforcement of other
14    liens.   The  process,  practice,  and  procedure   for   the
15    foreclosure  shall  be  the  same  as provided in the Code of
16    Civil Procedure.

17        (15 ILCS 205/7.292 new)
18        Sec. 7.292.  Administrative liens and levies on  personal
19    property for past-due child support.
20        (a)  The  State  shall  have  a  lien  on  all  legal and
21    equitable  interests  of  responsible  relatives   in   their
22    personal  property,  including  any  account  in  a financial
23    institution as defined in Section 7.255, or in the case of an
24    insurance company or benefit association only in accounts  as
25    defined  in  Section  7.255,  in the amount of past-due child
26    support owing pursuant to an order for child support  entered
27    under  Sections  7.60  and 7.80 of this Act or Sections 10-10
28    and 10-11 of the  Illinois  Public  Aid  Code  or  under  the
29    Illinois  Marriage  and  Dissolution  of  Marriage  Act,  the
30    Non-Support  of  Spouse  and  Children  Act,  the Non-Support
31    Punishment Act, the Uniform Interstate Family Support Act, or
32    the Illinois Parentage Act of 1984.
33        (b)  The Attorney  General  shall  provide  by  rule  for
 
                            -73-               LRB9206548DJgc
 1    notice  to and an opportunity to be heard by each responsible
 2    relative affected,  and  any  final  administrative  decision
 3    rendered by the Attorney General shall be reviewed only under
 4    and in accordance with the Administrative Review Law.
 5        (c)  When  enforcing  a lien under subsection (a) of this
 6    Section, the Attorney General shall  have  the  authority  to
 7    execute  notices  of  administrative  liens and levies, which
 8    shall  contain  the  name  and  address  of  the  responsible
 9    relative, a description of the property  to  be  levied,  the
10    fact that a lien is being claimed for past-due child support,
11    and  such  other  information  as the Attorney General may by
12    rule prescribe.  The Attorney General may serve the notice of
13    lien  or  levy  upon  any  financial  institution  where  the
14    accounts as defined  in  Section  7.255  of  the  responsible
15    relative  may  be  held,  for encumbrance or surrender of the
16    accounts  as  defined  in  Section  7.255  by  the  financial
17    institution.
18        (d)  The Attorney General shall enforce its lien  against
19    the  responsible  relative's  personal  property,  other than
20    accounts  as  defined   in   Section   7.255   in   financial
21    institutions,  and  levy  upon  such personal property in the
22    manner provided for enforcement  of  judgments  contained  in
23    Article XII of the Code of Civil Procedure.
24        (e)  The  Attorney  General  shall  not  be  required  to
25    furnish  bond  or make a deposit for or pay any costs or fees
26    of any court or  officer  thereof  in  any  legal  proceeding
27    involving the lien.
28        (f)  To  protect the lien of the State for past-due child
29    support, the  Attorney  General  may,  from  funds  that  are
30    available for that purpose, pay or provide for the payment of
31    necessary or essential repairs, purchase tax certificates, or
32    pay  or cause to be satisfied any prior liens on the property
33    to which the lien hereunder applies.
34        (g)  A lien on personal property under this Section shall
 
                            -74-               LRB9206548DJgc
 1    be released in the manner provided under Article XII  of  the
 2    Code  of  Civil  Procedure.  Notwithstanding the foregoing, a
 3    lien under this Section on accounts  as  defined  in  Section
 4    7.255 shall expire upon the passage of 120 days from the date
 5    of  issuance  of  the  Notice of Lien or Levy by the Attorney
 6    General.  However, the lien shall remain in effect during the
 7    pendency of any appeal or protest.
 8        (h)  A lien created under this Section is subordinate  to
 9    any prior lien of the financial institution or any prior lien
10    holder  or  any  prior  right  of  set-off that the financial
11    institution may have against the assets, or in the case of an
12    insurance company or benefit association only in the accounts
13    as defined in Section 7.255.
14        (i)  A financial institution has no obligation under this
15    Section to hold, encumber, or surrender the assets, or in the
16    case of an insurance company or benefit association only  the
17    accounts  as  defined  in  Section 7.255, until the financial
18    institution  has  been  properly  served  with  a   subpoena,
19    summons,   warrant,   court   or   administrative  order,  or
20    administrative lien and levy requiring that action.

21        (15 ILCS 205/7.295 new)
22        Sec. 7.295. State Disbursement Unit.
23        (a)  The  Attorney  General  shall  establish   a   State
24    Disbursement  Unit  in  accordance  with  the requirements of
25    Title IV-D of the Social Security Act.  The Attorney  General
26    shall   enter  into  an  agreement  with  a  State  or  local
27    governmental unit or private entity to perform the  functions
28    of  the State Disbursement Unit as set forth in this Section.
29    The  State  Disbursement  Unit  shall  collect  and  disburse
30    support payments made under court and administrative  support
31    orders:
32             (1)  being  enforced  in  cases  in  which child and
33        spouse support services are being provided under Sections
 
                            -75-               LRB9206548DJgc
 1        7.1 through 7.305; and
 2             (2)  in all cases in which child and spouse  support
 3        services  are  not  being  provided  under  Sections  7.1
 4        through  7.305  and  in  which  support payments are made
 5        under  the  provisions  of  the  Income  Withholding  for
 6        Support Act.
 7        (a-5)  If the State Disbursement Unit receives a  support
 8    payment  that  was  not  appropriately made to the Unit under
 9    this Section, the Unit shall immediately return  the  payment
10    to the sender, including, if possible, instructions detailing
11    where to send the support payments.
12        (b)  All  payments  received  by  the  State Disbursement
13    Unit:
14             (1)  shall be deposited into an account obtained  by
15        the  State or local  governmental unit or private entity,
16        as the case may be, and
17             (2)  distributed  and   disbursed   by   the   State
18        Disbursement  Unit,  in accordance with the directions of
19        the Attorney General,  pursuant  to  Title  IV-D  of  the
20        Social Security Act and rules promulgated by the Attorney
21        General.
22        (c)  All   support  payments  assigned  to  the  Attorney
23    General  under  Sections  7.1   through   7.305   and   rules
24    promulgated by the Attorney General that are disbursed to the
25    Attorney General by the State Disbursement Unit shall be paid
26    into the Child Support Enforcement Trust Fund.
27        (d)  If   the   agreement   with   the   State  or  local
28    governmental unit or private  entity  provided  for  in  this
29    Section is not in effect for any reason, the Attorney General
30    shall perform the functions of the State Disbursement Unit as
31    set  forth  in  this  Section  for  a  maximum  of 12 months.
32    Payments received by the Attorney General in  performance  of
33    the  duties of the State Disbursement Unit shall be deposited
34    into the State Disbursement Unit Revolving  Fund  established
 
                            -76-               LRB9206548DJgc
 1    under Section 7.300.

 2        (15 ILCS 205/7.297 new)
 3        Sec. 7.297. Delayed payment from State Disbursement Unit.
 4        (a)  In  this  Section,  "adversely affected recipient of
 5    support" means a  person  who  meets  all  of  the  following
 6    criteria:
 7             (1)  The  person  is  entitled  to disbursement of a
 8        child support payment from the State Disbursement Unit.
 9             (2) The person either (i) does not receive from  the
10        State Disbursement Unit a disbursement of a child support
11        payment to which he or she is entitled or (ii) receives a
12        delayed  disbursement of a child support payment from the
13        State Disbursement Unit.
14             (3)  As  a  result  of   the   nonreceipt   of   the
15        disbursement  of the child support payment or the delayed
16        disbursement of the child  support  payment,  the  person
17        receives  an  adverse rating by a credit reporting agency
18        based, for example, on the person's inability to  make  a
19        timely payment of an amount owed to another person.
20        (b)  Upon  the request of an adversely affected recipient
21    of support, the Attorney General shall send a letter  to  the
22    recipient  verifying the delayed or undisbursed child support
23    payment.   The  recipient  may  submit  that  letter  to  the
24    appropriate credit reporting  agency  for  placement  in  the
25    recipient's credit file.
26        (c)  The  Attorney General shall adopt rules necessary to
27    implement this Section.

28        (15 ILCS 205/7.300 new)
29        Sec. 7.300.  State Disbursement Unit Revolving Fund.
30        (a)  There is created a revolving fund to be known as the
31    State Disbursement Unit Revolving Fund, to  be  held  by  the
32    State  Treasurer  as  ex officio custodian, for the following
 
                            -77-               LRB9206548DJgc
 1    purposes:
 2             (1)  the deposit of all support payments received by
 3        the Attorney General's State Disbursement Unit; and
 4             (2)  the disbursement of such payments in accordance
 5        with the provisions of Title IV-D of the Social  Security
 6        Act and rules promulgated by the Attorney General.
 7        (b)  The  provisions  of this Section shall apply only if
 8    the Attorney General performs  the  functions  of  the  State
 9    Disbursement Unit under subsection (d) of Section 7.295.
10        (c)  Moneys in the State Disbursement Unit Revolving Fund
11    shall be expended upon the direction of the Attorney General.

12        (15 ILCS 205/7.305 new)
13        Sec. 7.305.  State case registry.
14        (a)  The  Attorney  General  shall establish an automated
15    State Case  Registry  to  contain  records  concerning  child
16    support orders for parties receiving child and spouse support
17    services  under Section 7.1 through this Section, and for all
18    child support orders entered or modified on or after  October
19    1, 1998, and pursuant to Sections 7.60 and 7.80, and pursuant
20    to the Illinois Marriage and Dissolution of Marriage Act, the
21    Non-Support  Punishment  Act,  the  Uniform Interstate Family
22    Support Act, or the Illinois Parentage Act of 1984.
23        (b)  The Attorney General shall  maintain  the  following
24    information  in  the  Registry  for  all  cases  described in
25    subsection (a):
26             (1)  the names of the  custodial  and  non-custodial
27        parents,  and  of  the  child  or children covered by the
28        order;
29             (2)  the  dates  of  birth  of  the  custodial   and
30        non-custodial  parents,  and  of  the  child  or children
31        covered by the order;
32             (3)  the social security numbers  of  the  custodial
33        and non-custodial parents and, if available, of the child
 
                            -78-               LRB9206548DJgc
 1        or children covered by the order;
 2             (4)  the  residential  and mailing addresses for the
 3        custodial and non-custodial parents;
 4             (5)  the telephone numbers  for  the  custodial  and
 5        non-custodial parents;
 6             (6)  the  driver's license numbers for the custodial
 7        and non-custodial parents;
 8             (7)  the name, address, and telephone number of each
 9        parent's employer or employers;
10             (8)  the case identification number;
11             (9)  the court docket number, if applicable; and
12             (10)  any other information  that  may  be  required
13        under  Title  IV,  Part  D  of the Social Security Act or
14        regulations promulgated thereunder.
15        (c)  The Attorney General shall  maintain  the  following
16    payment  information  on  child  support  orders  for parties
17    receiving child and spouse support  services  under  Sections
18    7.1 through 7.305.
19             (1)  the amount of monthly or other periodic support
20        owed   under  the  order  and  other  amounts,  including
21        arrearages, interest or late payment penalties, and fees,
22        due or overdue under the order;
23             (2)  any amounts described  in  subdivision  (1)  of
24        subsection (d) that have been collected;
25             (3)  the distribution of the collected amounts; and
26             (4)  the  amount of any lien imposed with respect to
27        the order pursuant to Section 7.290 or Section  7.292  of
28        this Code.
29        (d)  The   Attorney   General  shall  establish,  update,
30    maintain, and monitor case records in the Registry of parties
31    receiving child and spouse support services under Section 7.1
32    through this Section on the bases of:
33             (1)  information  on  administrative   actions   and
34        administrative   and   judicial  proceedings  and  orders
 
                            -79-               LRB9206548DJgc
 1        relating to paternity and support;
 2             (2)  information  obtained  from   comparison   with
 3        federal, State, and local sources of information;
 4             (3)  information    on   support   collections   and
 5        distribution; and
 6             (4)  any other relevant information.
 7        (e)  The Attorney General shall use the  automated  State
 8    Case  Registry  to  share  and  compare information with, and
 9    receive information from, other data  bases  and  information
10    comparison   services   in   order  to  obtain  (or  provide)
11    information necessary to enable the Attorney General (or  the
12    federal  Department  of  Health  and  Human Services or other
13    State or federal agencies) to carry out the  requirements  of
14    the child support enforcement program established under Title
15    IV,  Part  D  of  the  Social Security Act.  Such information
16    comparison activities shall include the following:
17             (1)  Furnishing to  the  Federal  Case  Registry  of
18        Child  Support  Orders  (and  updating as necessary, with
19        information including notice of expiration of orders) the
20        information specified by the federal Department of Health
21        and Human Services in regulations.
22             (2)  Exchanging information with the Federal  Parent
23        Locator Service for the purposes specified in Section 453
24        of the Social Security Act.
25             (3)  Exchanging  information with State agencies (of
26        this State and of other  states)  administering  programs
27        funded under Title IV, Part A and Title XIX of the Social
28        Security Act and other programs designated by the federal
29        Department  of Health and Human Services, as necessary to
30        perform responsibilities under Title IV, Part  D  of  the
31        Social Security Act and under such other programs.
32             (4)  Exchanging  information  with other agencies of
33        this State, agencies  of  other  states,  and  interstate
34        information  networks,  as  necessary  and appropriate to
 
                            -80-               LRB9206548DJgc
 1        carry out (or assist  other  states  to  carry  out)  the
 2        purposes of Title IV, Part D of the Social Security Act.
 3        (f)  The  Attorney General shall adopt rules establishing
 4    safeguards,  applicable  to  all   confidential   information
 5    included  in  the  State  Case Registry, that are designed to
 6    protect  the  privacy  rights  of  persons  concerning   whom
 7    information  is  on  record in the State Case Registry.  Such
 8    safeguards  shall  include,  but  not  be  limited   to   the
 9    following:
10             (1)  Prohibitions against the release of information
11        on  the  whereabouts of one party or the child to another
12        party against whom a protective order with respect to the
13        former party or the child has been entered.
14             (2)  Prohibitions against the release of information
15        on the whereabouts of one party or the child  to  another
16        party  if the Attorney General has reasonable evidence of
17        domestic violence or child abuse (that is, allegations of
18        domestic violence or child  abuse,  unless  the  Attorney
19        General  has an independent, reasonable basis to find the
20        person making the allegation not credible) to the  former
21        party or child by the party requesting information.
22             (3)  Prohibitions against the release of information
23        on  the  whereabouts of one party or the child to another
24        person if the Attorney General has reason to believe  the
25        release  of  information  to  that  person  may result in
26        physical or emotional harm to the party or child.

27        Section 15.  The State  Comptroller  Act  is  amended  by
28    changing Section 10.05a as follows:

29        (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a)
30        Sec.  10.05a.   Deductions from Warrants and Payments for
31    Satisfaction of Past Due Child Support.  At the direction  of
32    the  Department  of  Public Aid (before the effective date of
 
                            -81-               LRB9206548DJgc
 1    this amendatory Act of the  92nd  General  Assembly)  or  the
 2    Attorney  General  (on  and after that date), the Comptroller
 3    shall deduct from a warrant or  other  payment  described  in
 4    Section  10.05 of this Act, in accordance with the procedures
 5    provided  therein,  and  pay  over  to  the  Department,  the
 6    Attorney General, or the State Disbursement Unit  established
 7    under  Section 7.295 of the Attorney General Act 10-26 of the
 8    Illinois Public Aid Code, at the direction of the  Department
 9    or  the  Attorney General, that amount certified as necessary
10    to satisfy, in whole or in part, past due support owed  by  a
11    person  on  account  of  support  action  being  taken by the
12    Department (before the effective date of this amendatory  Act
13    of the 92nd General Assembly) or the Attorney General (on and
14    after  that  date) under Article X of the Illinois Public Aid
15    Code or Sections 7.1 through 7.305 of  the  Attorney  General
16    Act,  whether or not such support is owed to the State.  Such
17    deduction shall have priority  over  any  garnishment  except
18    that  for  payment of state or federal taxes.  In the case of
19    joint payees, the Comptroller shall deduct and  pay  over  to
20    the   Department,   the   Attorney   General,  or  the  State
21    Disbursement Unit, as  directed  by  the  Department  or  the
22    Attorney   General,   the   entire   amount  certified.   The
23    Comptroller shall provide  the  Department  or  the  Attorney
24    General  with  the  address  to  which  the  warrant or other
25    payment was to be mailed and the social  security  number  of
26    each  person  from  whom a deduction is made pursuant to this
27    Section.
28    (Source: P.A. 91-212, eff. 7-20-99; 91-712, eff. 7-1-00.)

29        Section 17.  The New Hire Reporting  Act  is  amended  by
30    changing Section 35 as follows:

31        (20 ILCS 1020/35)
32        Sec.  35.  Attorney  General's  Department  of Public Aid
 
                            -82-               LRB9206548DJgc
 1    duties.  The Attorney General Department of Public Aid  shall
 2    establish a community advisory committee for oversight of the
 3    implementation   process,   toll-free   telephone  lines  for
 4    employers with child support questions, an expedited  hearing
 5    process  for  non-custodial parents who contest an employer's
 6    execution of an  order  for  withholding  and  brochures  and
 7    public  service  announcements that inform the general public
 8    about the New Hire Directory and how to  utilize  it,  within
 9    the  federal  and  State  confidentiality laws, in pursuit of
10    child support.
11    (Source: P.A. 90-425, eff. 8-15-97.)

12        Section 18.  The  Illinois  Lottery  Law  is  amended  by
13    changing Section 13 as follows:

14        (20 ILCS 1605/13) (from Ch. 120, par. 1163)
15        Sec.  13.   No prize, nor any portion of a prize, nor any
16    right of any person to a prize awarded shall  be  assignable.
17    Any  prize,  or portion thereof remaining unpaid at the death
18    of a prize winner, may be paid to the estate of such deceased
19    prize winner, or to the  trustee  under  a  revocable  living
20    trust  established  by  the deceased prize winner as settlor,
21    provided that a copy of such a trust has been filed with  the
22    Department  along  with  a notarized letter of direction from
23    the settlor and no written  notice  of  revocation  has  been
24    received  by  the  Department  prior  to the settlor's death.
25    Following such a settlor's death and prior to any payment  to
26    such  a successor trustee, the Director shall obtain from the
27    trustee and each trust beneficiary  a  written  agreement  to
28    indemnify  and  hold  the Department harmless with respect to
29    any claims  that  may  be  asserted  against  the  Department
30    arising    from    payment   to   or   through   the   trust.
31    Notwithstanding any other  provision  of  this  Section,  any
32    person  pursuant to an appropriate judicial order may be paid
 
                            -83-               LRB9206548DJgc
 1    the prize to which a winner is entitled, and all or  part  of
 2    any  prize  otherwise  payable  by  State  warrant under this
 3    Section shall be withheld upon  certification  to  the  State
 4    Comptroller  from the Attorney General Illinois Department of
 5    Public Aid as  provided  in  Section  7.200  10-17.5  of  the
 6    Attorney  General  Act Illinois Public Aid Code. The Director
 7    shall be discharged of all further liability upon payment  of
 8    a prize pursuant to this Section.
 9    (Source: P.A. 85-1224.)

10        Section  20.   The  Department of Professional Regulation
11    Law of the Civil Administrative Code of Illinois  is  amended
12    by changing Section 2105-15 as follows:

13        (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
14        Sec. 2105-15.  General powers and duties.
15        (a)  The Department has, subject to the provisions of the
16    Civil  Administrative  Code of Illinois, the following powers
17    and duties:
18             (1)  To  authorize  examinations   in   English   to
19        ascertain the qualifications and fitness of applicants to
20        exercise  the  profession, trade, or occupation for which
21        the examination is held.
22             (2)  To prescribe rules and regulations for  a  fair
23        and  wholly impartial method of examination of candidates
24        to  exercise  the  respective  professions,  trades,   or
25        occupations.
26             (3)  To  pass  upon the qualifications of applicants
27        for licenses, certificates, and authorities,  whether  by
28        examination, by reciprocity, or by endorsement.
29             (4)  To  prescribe  rules  and regulations defining,
30        for the respective professions, trades, and  occupations,
31        what  shall  constitute a school, college, or university,
32        or department of  a  university,  or  other  institution,
 
                            -84-               LRB9206548DJgc
 1        reputable  and  in  good  standing,  and to determine the
 2        reputability and good standing of a school,  college,  or
 3        university,  or  department  of  a  university,  or other
 4        institution, reputable and in good standing, by reference
 5        to  a  compliance  with  those  rules  and   regulations;
 6        provided,  that  no  school,  college,  or university, or
 7        department of a university,  or  other  institution  that
 8        refuses  admittance  to  applicants  solely on account of
 9        race, color, creed, sex,  or  national  origin  shall  be
10        considered reputable and in good standing.
11             (5)  To  conduct  hearings on proceedings to revoke,
12        suspend, refuse to renew, place on  probationary  status,
13        or  take  other  disciplinary action as authorized in any
14        licensing Act administered by the Department with  regard
15        to  licenses,  certificates,  or  authorities  of persons
16        exercising  the  respective   professions,   trades,   or
17        occupations  and  to  revoke,  suspend,  refuse to renew,
18        place on probationary status, or take other  disciplinary
19        action as authorized in any licensing Act administered by
20        the   Department   with   regard   to   those   licenses,
21        certificates, or authorities.  The Department shall issue
22        a monthly disciplinary report.  The Department shall deny
23        any   license   or   renewal   authorized  by  the  Civil
24        Administrative Code of Illinois to  any  person  who  has
25        defaulted  on an educational loan or scholarship provided
26        by or  guaranteed  by  the  Illinois  Student  Assistance
27        Commission  or  any  governmental  agency  of this State;
28        however, the Department may issue a license or renewal if
29        the   aforementioned   persons   have    established    a
30        satisfactory   repayment  record  as  determined  by  the
31        Illinois   Student   Assistance   Commission   or   other
32        appropriate   governmental   agency   of   this    State.
33        Additionally,  beginning June 1, 1996, any license issued
34        by the Department may be  suspended  or  revoked  if  the
 
                            -85-               LRB9206548DJgc
 1        Department, after the opportunity for a hearing under the
 2        appropriate  licensing  Act,  finds that the licensee has
 3        failed to make satisfactory  repayment  to  the  Illinois
 4        Student   Assistance   Commission  for  a  delinquent  or
 5        defaulted  loan.  For  the  purposes  of  this   Section,
 6        "satisfactory repayment record" shall be defined by rule.
 7        The  Department  shall refuse to issue or renew a license
 8        to, or shall suspend or revoke a license of,  any  person
 9        who,  after  receiving  notice,  fails  to  comply with a
10        subpoena or warrant relating  to  a  paternity  or  child
11        support  proceeding.  However, the Department may issue a
12        license or renewal upon compliance with the  subpoena  or
13        warrant.
14             The Department, without further process or hearings,
15        shall  revoke,  suspend,  or  deny any license or renewal
16        authorized by the Civil Administrative Code  of  Illinois
17        to  a  person who is certified by the Illinois Department
18        of  Public  Aid  (before  the  effective  date  of   this
19        amendatory  Act  of  the  92nd  General  Assembly) or the
20        Attorney General (on and  after that date) as being  more
21        than 30 days delinquent in complying with a child support
22        order  or  who  is  certified  by  a  court  as  being in
23        violation of the Non-Support of Punishment Act  for  more
24        than  60  days.   The  Department  may,  however, issue a
25        license or  renewal  if  the  person  has  established  a
26        satisfactory   repayment  record  as  determined  by  the
27        Illinois Department of Public Aid (before  the  effective
28        date of this amendatory Act of the 92nd General Assembly)
29        or  the  Attorney  General (on and after that date) or if
30        the person is determined by the court to be in compliance
31        with the Non-Support Punishment Act.  The Department  may
32        implement  this  paragraph  as  added  by Public Act 89-6
33        through the use of emergency  rules  in  accordance  with
34        Section  5-45  of  the  Illinois Administrative Procedure
 
                            -86-               LRB9206548DJgc
 1        Act.   For  purposes  of  the   Illinois   Administrative
 2        Procedure  Act,  the  adoption of rules to implement this
 3        paragraph shall be considered an emergency and  necessary
 4        for the public interest, safety, and welfare.
 5             (6)  To  transfer  jurisdiction  of any realty under
 6        the control of the Department to any other department  of
 7        the  State  Government  or  to  acquire or accept federal
 8        lands when the transfer, acquisition,  or  acceptance  is
 9        advantageous  to  the State and is approved in writing by
10        the Governor.
11             (7)  To formulate rules  and  regulations  necessary
12        for  the  enforcement  of  any  Act  administered  by the
13        Department.
14             (8)  To exchange with  the  Illinois  Department  of
15        Public  Aid (before the effective date of this amendatory
16        Act of the 92nd General Assembly) or the Attorney General
17        (on  and  after  that  date)  information  that  may   be
18        necessary  for  the  enforcement  of child support orders
19        entered  pursuant  to  the  Attorney  General  Act,   the
20        Illinois  Public  Aid  Code,  the  Illinois  Marriage and
21        Dissolution of Marriage Act, the  Non-Support  of  Spouse
22        and  Children  Act,  the  Non-Support Punishment Act, the
23        Revised Uniform Reciprocal Enforcement  of  Support  Act,
24        the   Uniform  Interstate  Family  Support  Act,  or  the
25        Illinois Parentage Act  of  1984.    Notwithstanding  any
26        provisions  in  this Code to the contrary, the Department
27        of Professional Regulation shall not be liable under  any
28        federal  or State law to any person for any disclosure of
29        information to the Illinois Department of Public  Aid  or
30        the  Attorney General under this paragraph (8) or for any
31        other action taken in  good  faith  to  comply  with  the
32        requirements of this paragraph (8).
33             (8.5)  To  require  an applicant for any new license
34        or for the renewal of a license to  provide  his  or  her
 
                            -87-               LRB9206548DJgc
 1        social security number on the license application form.
 2             (9)  To perform other duties prescribed by law.
 3        (b)  The  Department  may,  when  a fee is payable to the
 4    Department for a wall certificate of registration provided by
 5    the Department of Central Management Services,  require  that
 6    portion of the payment for printing and distribution costs be
 7    made  directly or through the Department to the Department of
 8    Central Management Services for deposit into  the  Paper  and
 9    Printing  Revolving  Fund.   The remainder shall be deposited
10    into the General Revenue Fund.
11        (c)  For the purpose of securing and preparing  evidence,
12    and  for  the purchase of controlled substances, professional
13    services, and equipment necessary for enforcement activities,
14    recoupment  of  investigative  costs,  and  other  activities
15    directed at suppressing the misuse and  abuse  of  controlled
16    substances,  including those activities set forth in Sections
17    504 and 508 of the Illinois Controlled  Substances  Act,  the
18    Director  and agents appointed and authorized by the Director
19    may expend sums from  the  Professional  Regulation  Evidence
20    Fund  that  the  Director  deems  necessary  from the amounts
21    appropriated for that purpose.  Those sums may be advanced to
22    the agent when the Director deems that procedure to be in the
23    public  interest.   Sums  for  the  purchase  of   controlled
24    substances,  professional  services,  and equipment necessary
25    for enforcement activities and other activities as set  forth
26    in this Section shall be advanced to the agent who is to make
27    the  purchase  from the Professional Regulation Evidence Fund
28    on vouchers signed by the Director.  The Director  and  those
29    agents  are  authorized  to  maintain  one or more commercial
30    checking accounts  with  any  State  banking  corporation  or
31    corporations  organized  under  or  subject  to  the Illinois
32    Banking Act for the deposit and withdrawal of  moneys  to  be
33    used  for  the  purposes set forth in this Section; provided,
34    that no check may be written nor any withdrawal made from any
 
                            -88-               LRB9206548DJgc
 1    such account except upon the written signatures of 2  persons
 2    designated  by  the  Director  to write those checks and make
 3    those withdrawals.  Vouchers for those expenditures  must  be
 4    signed  by  the  Director.   All  such  expenditures shall be
 5    audited by the Director, and the audit shall be submitted  to
 6    the Department of Central Management Services for approval.
 7        (d)  Whenever the Department is authorized or required by
 8    law  to  consider  some  aspect  of  criminal  history record
 9    information for the purpose of  carrying  out  its  statutory
10    powers  and  responsibilities, then, upon request and payment
11    of fees in  conformance  with  the  requirements  of  Section
12    2605-400  of  the  Department  of  State  Police Law (20 ILCS
13    2605/2605-400), the Department of State Police is  authorized
14    to   furnish,   pursuant   to  positive  identification,  the
15    information contained in State files  that  is  necessary  to
16    fulfill the request.
17        (e)  The  provisions  of  this  Section  do  not apply to
18    private business and vocational schools as defined by Section
19    1 of the Private Business and Vocational Schools Act.
20        (f)  Beginning July 1, 1995, this Section does not  apply
21    to  those professions, trades, and occupations licensed under
22    the Real Estate License Act of 2000, nor does it apply to any
23    permits, certificates, or other authorizations to do business
24    provided for in the Land Sales Registration Act  of  1989  or
25    the Illinois Real Estate Time-Share Act.
26    (Source:  P.A.  90-18,  eff.  7-1-97;  91-239,  eff.  1-1-00;
27    91-245,   eff.   12-31-99;   91-613,  eff.  10-1-99;  revised
28    9-29-99.)

29        Section 22.  The Department of Revenue Law of  the  Civil
30    Administrative  Code  of  Illinois  is  amended  by  changing
31    Section 2505-650 as follows:

32        (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52)
 
                            -89-               LRB9206548DJgc
 1        Sec.  2505-650.  Collection  of  past  due support.  Upon
 2    certification of past due  child  support  amounts  from  the
 3    Department  of  Public Aid (before the effective date of this
 4    amendatory Act of the 92nd General Assembly) or the  Attorney
 5    General  (on  and after that date), the Department of Revenue
 6    may collect the delinquency in any manner authorized for  the
 7    collection  of  any  tax  administered  by  the Department of
 8    Revenue.   The  Department  of  Revenue  shall   notify   the
 9    Department  of  Public Aid (before the effective date of this
10    amendatory Act of the 92nd General Assembly) or the  Attorney
11    General  (on and after that date) when the delinquency or any
12    portion of the delinquency  has  been  collected  under  this
13    Section.   Any  child  support  delinquency  collected by the
14    Department of Revenue, including those amounts that result in
15    overpayment  of  a  child  support  delinquency,   shall   be
16    deposited  into  the  Child Support Enforcement Trust Fund or
17    paid to the State Disbursement Unit established under Section
18    10-26 of the Illinois Public Aid Code, at  the  direction  of
19    the  Department of Public Aid.  The Department of Revenue may
20    implement this Section through the use of emergency rules  in
21    accordance  with  Section 5-45 of the Illinois Administrative
22    Procedure Act.  For purposes of the  Illinois  Administrative
23    Procedure  Act,  the  adoption  of  rules  to  implement this
24    Section shall be considered an emergency  and  necessary  for
25    the public interest, safety, and welfare.
26    (Source:  P.A.  90-491,  eff.  1-1-98;  91-212, eff. 7-20-99;
27    91-239, eff. 1-1-00; 91-712, eff. 7-1-00.)

28        Section 23.  The Department of State Police  Law  of  the
29    Civil  Administrative Code of Illinois is amended by changing
30    Section 2605-377 as follows:

31        (20 ILCS 2605/2605-377) (was 20 ILCS 2605/55a in part)
32        Sec. 2605-377.  Department of Public Aid; LEADS access.
 
                            -90-               LRB9206548DJgc
 1        (a)  The Attorney General Illinois Department  of  Public
 2    Aid is an authorized entity under this Law for the purpose of
 3    exchanging  information,  in  the form and manner required by
 4    the Department of State Police, to facilitate the location of
 5    individuals for  establishing  paternity,  and  establishing,
 6    modifying,  and enforcing child support obligations, pursuant
 7    to Sections 7.1 through 7.305 of the Attorney General Act the
 8    Illinois Public Aid Code and Title IV, Part D of  the  Social
 9    Security Act.
10        (b)  The  Attorney  General Illinois Department of Public
11    Aid is an  authorized  entity  under  this  Section  for  the
12    purpose  of  obtaining  access  to  various data repositories
13    available  through  LEADS,  to  facilitate  the  location  of
14    individuals for  establishing  paternity,  and  establishing,
15    modifying,  and enforcing child support obligations, pursuant
16    to Sections 7.1 through 7.305 of the Attorney General Act the
17    Illinois Public Aid Code and Title IV, Part D of  the  Social
18    Security  Act.   The Department shall enter into an agreement
19    with the Attorney General Illinois Department of  Public  Aid
20    consistent with these purposes.
21    (Source:  P.A.  90-18,  eff.  7-1-97;  90-130,  eff.  1-1-98;
22    90-372,  eff.  7-1-98;  90-590,  eff.  1-1-00;  90-655,  eff.
23    7-30-98;  90-793,  eff. 8-14-98; 91-239, eff. 1-1-00; 91-760,
24    eff. 1-1-01.)

25        Section 23.5.  The Illinois Income Tax Act is amended  by
26    changing Section 901 as follows:

27        (35 ILCS 5/901) (from Ch. 120, par. 9-901)
28        Sec. 901.  Collection Authority.
29        (a)  In general.
30        The  Department  shall  collect the taxes imposed by this
31    Act.  The Department shall collect certified past  due  child
32    support  amounts  under Section 2505-650 of the Department of
 
                            -91-               LRB9206548DJgc
 1    Revenue Law (20 ILCS 2505/2505-650).  Except as  provided  in
 2    subsections  (c)  and  (e)  of  this Section, money collected
 3    pursuant to subsections (a) and (b) of Section  201  of  this
 4    Act  shall be paid into the General Revenue Fund in the State
 5    treasury; money collected pursuant to subsections (c) and (d)
 6    of Section 201 of this Act shall be paid  into  the  Personal
 7    Property  Tax  Replacement  Fund, a special fund in the State
 8    Treasury; and money collected under Section 2505-650  of  the
 9    Department  of  Revenue  Law (20 ILCS 2505/2505-650) shall be
10    paid into the Child Support Enforcement Trust Fund, a special
11    fund outside the State Treasury, or to the State Disbursement
12    Unit established under Section 7.295 of the Attorney  General
13    Act 10-26 of the Illinois Public Aid Code, as directed by the
14    Department  of  Public Aid (before the effective date of this
15    amendatory Act of the 92nd General Assembly) or the  Attorney
16    General (on and after that date).
17        (b)  Local Governmental Distributive Fund.
18        Beginning August 1, 1969, and continuing through June 30,
19    1994,  the  Treasurer  shall  transfer  each  month  from the
20    General Revenue Fund to a special fund in the State treasury,
21    to be known as the "Local Government Distributive  Fund",  an
22    amount equal to 1/12 of the net revenue realized from the tax
23    imposed by subsections (a) and (b) of Section 201 of this Act
24    during  the  preceding  month.  Beginning  July  1, 1994, and
25    continuing  through  June  30,  1995,  the  Treasurer   shall
26    transfer  each  month  from  the  General Revenue Fund to the
27    Local Government Distributive Fund an amount equal to 1/11 of
28    the net revenue realized from the tax imposed by  subsections
29    (a)  and  (b) of Section 201 of this Act during the preceding
30    month.  Beginning July 1, 1995, the Treasurer shall  transfer
31    each  month  from  the  General  Revenue  Fund  to  the Local
32    Government Distributive Fund an amount equal to 1/10  of  the
33    net  revenue realized from the tax imposed by subsections (a)
34    and (b) of Section 201 of the Illinois Income Tax Act  during
 
                            -92-               LRB9206548DJgc
 1    the  preceding  month. Net revenue realized for a month shall
 2    be defined as the revenue from the tax imposed by subsections
 3    (a) and (b) of Section 201 of this Act which is deposited  in
 4    the General Revenue Fund, the Educational Assistance Fund and
 5    the  Income  Tax Surcharge Local Government Distributive Fund
 6    during the month minus the amount paid  out  of  the  General
 7    Revenue  Fund  in  State  warrants  during that same month as
 8    refunds to taxpayers for overpayment of liability  under  the
 9    tax imposed by subsections (a) and (b) of Section 201 of this
10    Act.

11        (c)  Deposits Into Income Tax Refund Fund.
12             (1)  Beginning  on  January  1, 1989 and thereafter,
13        the Department shall deposit a percentage of the  amounts
14        collected  pursuant  to  subsections (a) and (b)(1), (2),
15        and (3), of Section 201 of this Act into a  fund  in  the
16        State  treasury known as the Income Tax Refund Fund.  The
17        Department shall deposit 6% of such  amounts  during  the
18        period  beginning  January 1, 1989 and ending on June 30,
19        1989.  Beginning with State fiscal year 1990 and for each
20        fiscal year thereafter, the percentage deposited into the
21        Income Tax Refund Fund during a fiscal year shall be  the
22        Annual  Percentage.   For fiscal years 1999 through 2001,
23        the Annual Percentage  shall  be  7.1%.   For  all  other
24        fiscal  years,  the Annual Percentage shall be calculated
25        as a fraction, the numerator of which shall be the amount
26        of refunds approved for payment by the Department  during
27        the  preceding  fiscal year as a result of overpayment of
28        tax liability under subsections (a) and (b)(1), (2),  and
29        (3)  of  Section  201 of this Act plus the amount of such
30        refunds remaining approved but unpaid at the end  of  the
31        preceding  fiscal year, the denominator of which shall be
32        the  amounts  which  will  be   collected   pursuant   to
33        subsections  (a)  and (b)(1), (2), and (3) of Section 201
34        of this  Act  during  the  preceding  fiscal  year.   The
 
                            -93-               LRB9206548DJgc
 1        Director  of  Revenue shall certify the Annual Percentage
 2        to the Comptroller on the last business day of the fiscal
 3        year immediately preceding the fiscal year for  which  it
 4        is to be effective.
 5             (2)  Beginning  on  January  1, 1989 and thereafter,
 6        the Department shall deposit a percentage of the  amounts
 7        collected  pursuant  to  subsections (a) and (b)(6), (7),
 8        and (8), (c) and (d) of Section 201 of this  Act  into  a
 9        fund in the State treasury known as the Income Tax Refund
10        Fund.   The  Department shall deposit 18% of such amounts
11        during the period beginning January 1, 1989 and ending on
12        June 30, 1989.  Beginning with State fiscal year 1990 and
13        for each fiscal year thereafter, the percentage deposited
14        into the Income Tax Refund  Fund  during  a  fiscal  year
15        shall  be  the Annual Percentage.  For fiscal years 1999,
16        2000, and 2001, the Annual Percentage shall be 19%.   For
17        all  other  fiscal  years, the Annual Percentage shall be
18        calculated as a fraction, the numerator of which shall be
19        the  amount  of  refunds  approved  for  payment  by  the
20        Department during the preceding fiscal year as  a  result
21        of overpayment of tax liability under subsections (a) and
22        (b)(6),  (7), and (8), (c) and (d) of Section 201 of this
23        Act plus the amount of such  refunds  remaining  approved
24        but  unpaid  at the end of the preceding fiscal year, the
25        denominator of which shall be the amounts which  will  be
26        collected  pursuant  to  subsections (a) and (b)(6), (7),
27        and (8), (c) and (d) of Section 201 of  this  Act  during
28        the preceding fiscal year.  The Director of Revenue shall
29        certify  the  Annual Percentage to the Comptroller on the
30        last  business  day  of  the  fiscal   year   immediately
31        preceding   the  fiscal  year  for  which  it  is  to  be
32        effective.
33             (3)  The Comptroller shall order transferred and the
34        Treasurer shall  transfer  from  the  Tobacco  Settlement
 
                            -94-               LRB9206548DJgc
 1        Recovery   Fund   to  the  Income  Tax  Refund  Fund  (i)
 2        $35,000,000  in  January,  2001,  (ii)   $35,000,000   in
 3        January, 2002, and (iii) $35,000,000 in January, 2003.

 4        (d)  Expenditures from Income Tax Refund Fund.
 5             (1)  Beginning  January 1, 1989, money in the Income
 6        Tax Refund Fund shall be  expended  exclusively  for  the
 7        purpose  of  paying refunds resulting from overpayment of
 8        tax liability under Section 201 of this Act,  for  paying
 9        rebates under Section 208.1 in the event that the amounts
10        in  the  Homeowners' Tax Relief Fund are insufficient for
11        that purpose, and for making transfers pursuant  to  this
12        subsection (d).
13             (2)  The  Director  shall  order  payment of refunds
14        resulting from overpayment of tax liability under Section
15        201 of this Act from the Income Tax Refund Fund  only  to
16        the extent that amounts collected pursuant to Section 201
17        of this Act and transfers pursuant to this subsection (d)
18        and  item  (3)  of subsection (c) have been deposited and
19        retained in the Fund.
20             (3)  As soon as  possible  after  the  end  of  each
21        fiscal year, the Director shall order transferred and the
22        State Treasurer and State Comptroller shall transfer from
23        the  Income  Tax Refund Fund to the Personal Property Tax
24        Replacement Fund an amount, certified by the Director  to
25        the  Comptroller,  equal  to  the  excess  of  the amount
26        collected pursuant to subsections (c) and (d) of  Section
27        201 of this Act deposited into the Income Tax Refund Fund
28        during  the  fiscal  year  over  the  amount  of  refunds
29        resulting   from   overpayment  of  tax  liability  under
30        subsections (c) and (d) of Section 201 of this  Act  paid
31        from the Income Tax Refund Fund during the fiscal year.
32             (4)  As  soon  as  possible  after  the  end of each
33        fiscal year, the Director shall order transferred and the
34        State Treasurer and State Comptroller shall transfer from
 
                            -95-               LRB9206548DJgc
 1        the Personal Property Tax Replacement Fund to the  Income
 2        Tax  Refund  Fund an amount, certified by the Director to
 3        the Comptroller, equal to the excess  of  the  amount  of
 4        refunds resulting from overpayment of tax liability under
 5        subsections  (c)  and (d) of Section 201 of this Act paid
 6        from the Income Tax Refund Fund during  the  fiscal  year
 7        over the amount collected pursuant to subsections (c) and
 8        (d)  of Section 201 of this Act deposited into the Income
 9        Tax Refund Fund during the fiscal year.
10             (4.5)  As soon as possible after the end  of  fiscal
11        year  1999  and  of  each  fiscal  year  thereafter,  the
12        Director  shall order transferred and the State Treasurer
13        and State Comptroller shall transfer from the Income  Tax
14        Refund  Fund  to  the  General  Revenue  Fund any surplus
15        remaining in the Income Tax Refund Fund as of the end  of
16        such  fiscal year; excluding for fiscal years 2000, 2001,
17        and 2002 amounts attributable to transfers under item (3)
18        of subsection (c) less refunds resulting from the  earned
19        income tax credit.
20             (5)  This  Act  shall  constitute an irrevocable and
21        continuing appropriation from the Income Tax Refund  Fund
22        for  the  purpose of paying refunds upon the order of the
23        Director  in  accordance  with  the  provisions  of  this
24        Section.
25        (e)  Deposits into the Education Assistance Fund and  the
26    Income Tax Surcharge Local Government Distributive Fund.
27        On July 1, 1991, and thereafter, of the amounts collected
28    pursuant  to  subsections  (a) and (b) of Section 201 of this
29    Act, minus deposits into the  Income  Tax  Refund  Fund,  the
30    Department  shall  deposit 7.3% into the Education Assistance
31    Fund in the State Treasury.   Beginning  July  1,  1991,  and
32    continuing through January 31, 1993, of the amounts collected
33    pursuant  to  subsections  (a)  and (b) of Section 201 of the
34    Illinois Income Tax Act, minus deposits into the  Income  Tax
 
                            -96-               LRB9206548DJgc
 1    Refund  Fund,  the  Department  shall  deposit  3.0% into the
 2    Income Tax Surcharge Local Government  Distributive  Fund  in
 3    the   State   Treasury.    Beginning  February  1,  1993  and
 4    continuing through June 30, 1993, of  the  amounts  collected
 5    pursuant  to  subsections  (a)  and (b) of Section 201 of the
 6    Illinois Income Tax Act, minus deposits into the  Income  Tax
 7    Refund  Fund,  the  Department  shall  deposit  4.4% into the
 8    Income Tax Surcharge Local Government  Distributive  Fund  in
 9    the  State  Treasury.  Beginning July 1, 1993, and continuing
10    through  June  30,  1994,  of  the  amounts  collected  under
11    subsections (a) and (b) of Section 201  of  this  Act,  minus
12    deposits  into  the  Income  Tax  Refund Fund, the Department
13    shall deposit 1.475% into  the  Income  Tax  Surcharge  Local
14    Government Distributive Fund in the State Treasury.
15    (Source:  P.A.  90-613,  eff.  7-9-98;  90-655, eff. 7-30-98;
16    91-212, eff.  7-20-99;  91-239,  eff.  1-1-00;  91-700,  eff.
17    5-11-00;  91-704,  eff.  7-1-00; 91-712, eff. 7-1-00; revised
18    6-28-00.)

19        Section 24.  The  Illinois  Banking  Act  is  amended  by
20    changing Section 48.4 as follows:

21        (205 ILCS 5/48.4)
22        Sec.  48.4.   Administrative  liens  for  past-due  child
23    support.   Any  bank  governed  by this Act shall encumber or
24    surrender accounts or assets held by the bank  on  behalf  of
25    any  responsible  relative  who is subject to a child support
26    lien, upon notice  of  the  lien  or  levy  of  the  Illinois
27    Department  of Public Aid or its successor agency pursuant to
28    Section 10-25.5 of the Illinois Public Aid  Code  or  Section
29    7.292  of  the  Attorney  General  Act,  or  upon  notice  of
30    interstate lien from any other state's agency responsible for
31    implementing  the child support enforcement program set forth
32    in Title IV, Part D of the Social Security Act.
 
                            -97-               LRB9206548DJgc
 1    (Source: P.A. 90-18, eff. 7-1-97; 90-655, eff. 7-30-98.)

 2        Section 25.  The Illinois Savings and Loan Act of 1985 is
 3    amended by changing Section 1-6d as follows:

 4        (205 ILCS 105/1-6d)
 5        Sec.  1-6d.   Administrative  liens  for  past-due  child
 6    support.  Any association governed by this Act shall encumber
 7    or surrender accounts or assets held by  the  association  on
 8    behalf  of any responsible relative who is subject to a child
 9    support lien, upon notice of the lien or levy of the Illinois
10    Department of Public Aid or its successor agency pursuant  to
11    Section  10-25.5  of  the Illinois Public Aid Code or Section
12    7.292  of  the  Attorney  General  Act,  or  upon  notice  of
13    interstate lien from any other state's agency responsible for
14    implementing the child support enforcement program set  forth
15    in Title IV, Part D of the Social Security Act.
16    (Source: P.A. 90-18, eff. 7-1-97.)

17        Section  26.  The Savings Bank Act is amended by changing
18    Section 7007 as follows:

19        (205 ILCS 205/7007)
20        Sec.  7007.   Administrative  liens  for  past-due  child
21    support.   Any  savings  bank  governed  by  this  Act  shall
22    encumber or surrender accounts or assets held by the  savings
23    bank  on behalf of any responsible relative who is subject to
24    a child support lien, upon notice of the lien or levy of  the
25    Illinois  Department  of  Public  Aid or its successor agency
26    pursuant to Section 10-25.5 of the Illinois Public  Aid  Code
27    or  Section 7.292 of the Attorney General Act, or upon notice
28    of interstate lien from any other state's agency  responsible
29    for  implementing  the  child support enforcement program set
30    forth in Title IV, Part D of the Social Security Act.
 
                            -98-               LRB9206548DJgc
 1    (Source: P.A. 90-18, eff. 7-1-97.)

 2        Section 27.  The Illinois Credit Union Act is amended  by
 3    changing Section 43.1 as follows:

 4        (205 ILCS 305/43.1)
 5        Sec.  43.1.   Administrative  liens  for  past-due  child
 6    support.   Any  credit  union  governed  by  this  Act  shall
 7    encumber  or  surrender accounts or assets held by the credit
 8    union on behalf of any responsible relative who is subject to
 9    a child support lien, upon notice of the lien or levy of  the
10    Illinois  Department  of  Public  Aid or its successor agency
11    pursuant to Section 10-25.5 of the Illinois Public  Aid  Code
12    or  Section 7.292 of the Attorney General Act, or upon notice
13    of interstate lien from any other state's agency  responsible
14    for  implementing  the  child support enforcement program set
15    forth in Title IV, Part D of the Social Security Act.
16    (Source: P.A. 90-18, eff. 7-1-97.)

17        Section 28.  The Foreign Banking Office Act is amended by
18    changing Section 20 as follows:

19        (205 ILCS 645/20)
20        Sec.  20.   Administrative  liens  for   past-due   child
21    support.   Any  foreign  banking corporation governed by this
22    Act shall encumber or surrender accounts or  assets  held  by
23    the  foreign banking corporation on behalf of any responsible
24    relative who is subject to a child support lien, upon  notice
25    of  the lien or levy of the Illinois Department of Public Aid
26    or its successor agency pursuant to Section  10-25.5  of  the
27    Illinois  Public  Aid  Code  or Section 7.292 of the Attorney
28    General Act, or upon notice of interstate lien from any other
29    state's agency responsible for implementing the child support
30    enforcement program set forth in Title  IV,  Part  D  of  the
 
                            -99-               LRB9206548DJgc
 1    Social Security Act.
 2    (Source: P.A. 90-18, eff. 7-1-97; 90-655, eff. 7-30-98.)

 3        Section  29.   The  Illinois Insurance Code is amended by
 4    changing Sections 238, 238.1, 299.1a, 299.1b,  and  337.1  as
 5    follows:

 6        (215 ILCS 5/238) (from Ch. 73, par. 850)
 7        Sec. 238.  Exemption.
 8        (a)  All  proceeds  payable  because  of the death of the
 9    insured and the aggregate net cash value of any or  all  life
10    and  endowment  policies  and  annuity contracts payable to a
11    wife or husband of the insured, or  to  a  child,  parent  or
12    other person dependent upon the insured, whether the power to
13    change the beneficiary is reserved to the insured or not, and
14    whether the insured or his estate is a contingent beneficiary
15    or   not,   shall   be  exempt  from  execution,  attachment,
16    garnishment or other process, for the debts or liabilities of
17    the insured incurred subsequent to the effective date of this
18    Code, except as to premiums paid in fraud of creditors within
19    the period limited by law for the recovery thereof.
20        (b)  Any insurance company doing business in  this  State
21    and  governed  by  this  Code  shall  encumber  or  surrender
22    accounts  as  defined in Section 10-24 of the Illinois Public
23    Aid Code or Section 7.255 of the Attorney General Act held by
24    the insurance company owned by any responsible  relative  who
25    is  subject  to a child support lien, upon notice of the lien
26    or levy by the Illinois  Department  of  Public  Aid  or  its
27    successor  agency pursuant to Section 10-25.5 of the Illinois
28    Public Aid Code or Section 7.292 of the Attorney General Act,
29    or upon notice of interstate  lien  from  any  other  state's
30    agency   responsible   for  implementing  the  child  support
31    enforcement program set forth in Title  IV,  Part  D  of  the
32    Social Security Act.
 
                            -100-              LRB9206548DJgc
 1        This   Section   does  not  prohibit  the  furnishing  of
 2    information  in  accordance   with   the   federal   Personal
 3    Responsibility  and  Work  Opportunity  Reconciliation Act of
 4    1996.  Any insurance company  governed  by  this  Code  shall
 5    enter   into   an  agreement  for  data  exchanges  with  the
 6    Department of Public Aid or the Attorney General provided the
 7    Department of Public Aid or the Attorney General pays to  the
 8    insurance  company  a reasonable fee not to exceed its actual
 9    cost incurred.  An insurance company providing information in
10    accordance with this item shall not be liable to any owner of
11    an account as defined in Section 10-24 of the Illinois Public
12    Aid Code or Section 7.255 of  the  Attorney  General  Act  or
13    other  person  for  any  disclosure  of  information  to  the
14    Department of Public Aid or Attorney General, for encumbering
15    or  surrendering  any accounts as defined in Section 10-24 of
16    the Illinois Public Aid Code or Section 7.255 of the Attorney
17    General Act held by the insurance company in  response  to  a
18    lien  or  order  to  withhold  and  deliver issued by a State
19    agency, or for any other action taken pursuant to this  item,
20    including  individual  or  mechanical  errors,  provided  the
21    action  does  not  constitute  gross  negligence  or  willful
22    misconduct.  An insurance company shall have no obligation to
23    hold, encumber, or  surrender  any  accounts  as  defined  in
24    Section  10-24  of  the  Illinois  Public Aid Code or Section
25    7.255 of the Attorney general Act until it  has  been  served
26    with  a  subpoena,  summons, warrant, court or administrative
27    order, lien, or levy requiring that action.
28    (Source: P.A. 90-18, eff. 7-1-97.)

29        (215 ILCS 5/238.1)
30        Sec. 238.1. Data exchanges; administrative liens.
31        (a)  Any insurance company doing business  in  the  State
32    and  governed  by this Code shall enter into an agreement for
33    data exchanges with the Illinois Department of Public Aid  or
 
                            -101-              LRB9206548DJgc
 1    the  Attorney General for the purpose of locating accounts as
 2    defined in Section 10-24 of the Illinois Public Aid  Code  or
 3    Section  7.255  of  the  Attorney  General Act of responsible
 4    relatives  to  satisfy  past-due  child   support   owed   by
 5    responsible relatives under an order for support entered by a
 6    court  or  administrative  body of this or any other State on
 7    behalf of resident or non-resident persons.
 8        (b)  Notwithstanding any provisions in this Code  to  the
 9    contrary,  an  insurance  company  shall not be liable to any
10    person:
11             (1)  for  any  disclosure  of  information  to   the
12        Illinois  Department  of  Public  Aid or Attorney General
13        under subsection (a);
14             (2)  for encumbering or surrendering any accounts as
15        defined in Section 10-24 of the Illinois Public Aid  Code
16        or Section 7.255 of the Attorney general Act held by such
17        insurance company in response to a notice of lien or levy
18        issued  by  the  Illinois  Department  of  Public  Aid or
19        Attorney General, or by any other state's  child  support
20        enforcement  agency,  as  provided  for in Section 238 of
21        this Code; or
22             (3)  for any other action taken  in  good  faith  to
23        comply with the requirements of subsection (a).
24    (Source: P.A. 90-18, eff. 7-1-97.)

25        (215 ILCS 5/299.1a) (from Ch. 73, par. 911.1a)
26        Sec. 299.1a.  Benefits not Attachable.
27        (a)  No money or other charity, relief or aid to be paid,
28    provided  or  rendered  by  any  society  shall  be liable to
29    attachment, garnishment or other process  or  to  be  seized,
30    taken,  appropriated  or  applied  by  any legal or equitable
31    process or operation of law to pay any debt or liability of a
32    member or beneficiary, or any other person  who  may  have  a
33    right  thereunder,  either  before  or  after  payment by the
 
                            -102-              LRB9206548DJgc
 1    society.
 2        (b)  Any benefit association doing business in this State
 3    and governed by this Article XVII shall encumber or surrender
 4    accounts as defined in Section 10-24 of the  Illinois  Public
 5    Aid Code or Section 7.255 of the Attorney General Act held by
 6    the benefit association owned by any responsible relative who
 7    is  subject  to a child support lien, upon notice of the lien
 8    or levy by the Illinois  Department  of  Public  Aid  or  its
 9    successor  agency pursuant to Section 10-25.5 of the Illinois
10    Public Aid Code or Section 7.292 of the Attorney General Act,
11    or upon notice of interstate  lien  from  any  other  state's
12    agency   responsible   for  implementing  the  child  support
13    enforcement program set forth in Title  IV,  Part  D  of  the
14    Social Security Act.
15        This   Section  shall  not  prohibit  the  furnishing  of
16    information  in  accordance   with   the   federal   Personal
17    Responsibility  and  Work  Opportunity  Reconciliation Act of
18    1996. Any benefit association governed by this  Article  XVII
19    shall  enter  into  an  agreement for data exchanges with the
20    Department of Public Aid or  Attorney  General  provided  the
21    Department  of  Public  Aid  or  Attorney General pays to the
22    benefit association a reasonable fee not to exceed its actual
23    cost incurred.  A benefit association  providing  information
24    in  accordance  with  this  item  shall  not be liable to any
25    account  holder  or  other  person  for  any  disclosure   of
26    information   to   a   State   agency,   for  encumbering  or
27    surrendering any accounts as defined in Section 10-24 of  the
28    Illinois  Public  Aid  Code  or Section 7.255 of the Attorney
29    General Act held by the benefit association in response to  a
30    lien  or  order  to  withhold  and  deliver issued by a State
31    agency, or for any other action taken pursuant to this  item,
32    including  individual  or  mechanical  errors,  provided  the
33    action  does  not  constitute  gross  negligence  or  willful
34    misconduct. A benefit association shall have no obligation to
 
                            -103-              LRB9206548DJgc
 1    hold,  encumber,  or  surrender  accounts  until  it has been
 2    served  with  a  subpoena,   summons,   warrant,   court   or
 3    administrative order, lien, or levy requiring that action.
 4    (Source: P.A. 90-18, eff. 7-1-97.)

 5        (215 ILCS 5/299.1b)
 6        Sec. 299.1b. Data exchanges; administrative liens.
 7        (a)  Any  benefit association doing business in the State
 8    and governed by this Code shall enter into an  agreement  for
 9    data  exchanges with the Illinois Department of Public Aid or
10    Attorney General for the  purpose  of  locating  accounts  as
11    defined  in  Section 10-24 of the Illinois Public Aid Code or
12    Section 7.255 of the  Attorney  General  Act  of  responsible
13    relatives   to   satisfy   past-due  child  support  owed  by
14    responsible relatives under an order for support entered by a
15    court or administrative body of this or any  other  State  on
16    behalf of resident or non-resident persons.
17        (b)  Notwithstanding  any  provisions in this Code to the
18    contrary, a benefit association shall not be  liable  to  any
19    person:
20             (1)  for   any  disclosure  of  information  to  the
21        Illinois Department of Public  Aid  or  Attorney  General
22        under subsection (a);
23             (2)  for encumbering or surrendering any accounts as
24        defined  in Section 10-24 of the Illinois Public Aid Code
25        or Section 7.255 of the Attorney General Act held by such
26        benefit association in response to a notice  of  lien  or
27        levy  issued  by the Illinois Department of Public Aid or
28        Attorney General, or by any other state's  child  support
29        enforcement  agency, as provided for in Section 299.1a of
30        this Code; or
31             (3)  for any other action taken  in  good  faith  to
32        comply with the requirements of subsection (a).
33    (Source: P.A. 90-18, eff. 7-1-97.)
 
                            -104-              LRB9206548DJgc
 1        (215 ILCS 5/337.1)
 2        Sec. 337.1. Data exchanges; administrative liens.
 3        (a)  Any  benefit  association  governed  by this Article
 4    XVIII shall encumber or  surrender  accounts  as  defined  in
 5    Section  10-24  of  the  Illinois  Public Aid Code or Section
 6    7.255 of  the  Attorney  General  Act  held  by  the  benefit
 7    association  on  behalf  of  any  responsible relative who is
 8    subject to a child support lien, upon notice of the  lien  or
 9    levy  by  the  Illinois  Department  of  Public  Aid  or  its
10    successor  agency pursuant to Section 10-25.5 of the Illinois
11    Public Aid Code or Section 7.292 of the Attorney General Act,
12    or upon notice of interstate  lien  from  any  other  state's
13    agency   responsible   for  implementing  the  child  support
14    enforcement program set forth in Title  IV,  Part  D  of  the
15    Social Security Act.
16        (b)  This  Section  shall  not prohibit the furnishing of
17    information  in  accordance   with   the   federal   Personal
18    Responsibility  and  Work  Opportunity  Reconciliation Act of
19    1996. Any benefit association governed by this Article  XVIII
20    shall  enter  into  an  agreement for data exchanges with the
21    Department of Public Aid or  Attorney  General  provided  the
22    Department  of  Public  Aid  or  Attorney General pays to the
23    benefit association a reasonable fee not to exceed its actual
24    cost incurred.  A benefit association  providing  information
25    in accordance with this item shall not be liable to any owner
26    of  an  account  as  defined in Section 10-24 of the Illinois
27    Public Aid Code or Section 7.255 of the Attorney General  Act
28    or  other  person  for  any  disclosure of information to the
29    Department of Public Aid or Attorney General, for encumbering
30    or surrendering any accounts held by the benefit  association
31    in response to a lien or order to withhold and deliver issued
32    by  the  Department of Public Aid or Attorney General, or for
33    any other action  taken  pursuant  to  this  item,  including
34    individual or mechanical errors, provided the action does not
 
                            -105-              LRB9206548DJgc
 1    constitute  gross negligence or willful misconduct. A benefit
 2    association shall have no obligation to  hold,  encumber,  or
 3    surrender  the  accounts  or  portions  thereof as defined in
 4    Section 10-24 of the Illinois  Public  Aid  Code  or  Section
 5    7.255  of  the  Attorney General Act until it has been served
 6    with a subpoena, summons, warrant,  court  or  administrative
 7    order, lien, or levy.
 8    (Source: P.A. 90-18, eff. 7-1-97.)

 9        Section  30.   The  Collection  Agency  Act is amended by
10    changing Section 2.04 as follows:

11        (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
12        Sec. 2.04.  Child support indebtedness.
13        (a)  Persons, associations, partnerships, or corporations
14    engaged  in  the  business  of   collecting   child   support
15    indebtedness  owing under a court order as provided under the
16    Attorney General Act,  the  Illinois  Public  Aid  Code,  the
17    Illinois  Marriage  and  Dissolution  of  Marriage  Act,  the
18    Non-Support  of  Spouse  and  Children  Act,  the Non-Support
19    Punishment Act,  the  Illinois  Parentage  Act  of  1984,  or
20    similar  laws  of  other states are not restricted (i) in the
21    frequency of contact with  an  obligor  who  is  in  arrears,
22    whether  by phone, mail, or other means, (ii) from contacting
23    the employer of an obligor who  is  in  arrears,  (iii)  from
24    publishing  or  threatening  to publish a list of obligors in
25    arrears, (iv) from disclosing or threatening to  disclose  an
26    arrearage that the obligor disputes, but for which a verified
27    notice  of  delinquency  has  been  served  under  the Income
28    Withholding for Support Act  (or  any  of  its  predecessors,
29    Section  10-16.2  of  the  Illinois  Public Aid Code, Section
30    706.1 of the Illinois Marriage and  Dissolution  of  Marriage
31    Act,  Section  4.1  of the Non-Support of Spouse and Children
32    Act,  Section  26.1  of  the   Revised   Uniform   Reciprocal
 
                            -106-              LRB9206548DJgc
 1    Enforcement  of  Support  Act,  or Section 20 of the Illinois
 2    Parentage Act of 1984), or (v) from engaging in conduct  that
 3    would  not  cause  a  reasonable  person  mental  or physical
 4    illness.  For purposes of this subsection, "obligor" means an
 5    individual who owes a duty to make periodic payments, under a
 6    court order, for the support of a child.   "Arrearage"  means
 7    the  total  amount  of  an  obligor's  unpaid  child  support
 8    obligations.
 9        (b)  The   Department  shall  adopt  rules  necessary  to
10    administer and enforce the provisions of this Section.
11    (Source: P.A. 90-673, eff. 1-1-99; 91-613, eff. 10-1-99.)

12        Section 32.  The Illinois Public Aid Code is  amended  by
13    adding  Section  10-1.5 and changing Sections 10-21, 12-4.7c,
14    12-9.1, 12-10.2, 12-16, and 12-21.3 as follows:

15        (305 ILCS 5/10-1.5 new)
16        Sec. 10-1.5.  Transfer of powers to Attorney General.
17        (a)  On the effective date of this amendatory Act of  the
18    92nd  General  Assembly,  all  the rights, powers, and duties
19    vested by law in the  Illinois  Department  or  the  Illinois
20    Department's Child and Spouse Support Unit under this Article
21    X  are  transferred  to  the  Attorney General as provided in
22    Sections 7.1 through 7.305 of the Attorney General Act.
23        (b)  The  Illinois  Department  shall  provide   to   the
24    Attorney General all information in the Illinois Department's
25    possession  concerning recipients that is necessary to enable
26    the Attorney General to  perform  the  duties  prescribed  in
27    Sections 7.1 through 7.305 of the Attorney General Act.

28        (305 ILCS 5/10-21) (from Ch. 23, par. 10-21)
29        Sec.  10-21.  The Illinois Department may provide by rule
30    for the imposition of a one-time charge of 20% of the  amount
31    of   past-due   child  support  owed  on  July  1,  1988,  by
 
                            -107-              LRB9206548DJgc
 1    responsible relatives of persons receiving  support  services
 2    under this Article X, which has accrued under a support order
 3    entered  by  a  court  or  administrative body of this or any
 4    other State, on behalf of resident or  non-resident  persons.
 5    The  rule  shall provide for notice to, and an opportunity to
 6    be heard by, the responsible relative affected and any  final
 7    administrative  decision  rendered by the Department shall be
 8    reviewed only under and in accordance with the Administrative
 9    Review  Law.   No  action  to  impose  the  charge  shall  be
10    commenced after June 30, 1993.   Action  under  this  Section
11    shall  be subject to the limitations of Section 10-20 of this
12    Code.
13        On and after the effective date of this amendatory Act of
14    the 92nd General Assembly, the Attorney General may  collect,
15    on  behalf  of the Illinois Department, any charge imposed in
16    accordance with this Section.  Nothing in this amendatory Act
17    of the 92nd General Assembly shall be construed to affect the
18    validity of  any  charge  imposed  in  accordance  with  this
19    Section.
20    (Source: P.A. 85-114.)

21        (305 ILCS 5/12-4.7c)
22        Sec. 12-4.7c. Exchange of information after July 1, 1997.
23        (a)  The Department of Human Services shall exchange with
24    the  Illinois  Department of Public Aid (before the effective
25    date of this amendatory Act of the 92nd General Assembly)  or
26    the  Attorney  General  (on  and after that date) information
27    that may be necessary for the enforcement  of  child  support
28    orders  entered  pursuant to Sections 10-10 and 10-11 of this
29    Code or Sections 7.60 and 7.80 of the Attorney General Act or
30    pursuant to the Illinois Marriage and Dissolution of Marriage
31    Act,  the  Non-Support  of  Spouse  and  Children  Act,   the
32    Non-Support  Punishment  Act,  the Revised Uniform Reciprocal
33    Enforcement of Support Act,  the  Uniform  Interstate  Family
 
                            -108-              LRB9206548DJgc
 1    Support Act, or the Illinois Parentage Act of 1984.
 2        (b)   Notwithstanding  any provisions in this Code to the
 3    contrary, the Department  of  Human  Services  shall  not  be
 4    liable to any person for any disclosure of information to the
 5    Illinois  Department  of  Public  Aid or the Attorney General
 6    under subsection (a) or for any other action  taken  in  good
 7    faith to comply with the requirements of subsection (a).
 8    (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)

 9        (305 ILCS 5/12-9.1)
10        Sec.  12-9.1.  DHS  Recoveries Trust Fund; uses.  The DHS
11    Recoveries Trust Fund shall consist of recoveries  authorized
12    by  this  Code  in  respect to applicants or recipients under
13    Articles III, IV,  and  VI,  including  recoveries  from  the
14    estates  of deceased recipients, and payments received by the
15    Illinois Department of Human Services under Sections  10-3.1,
16    10-8,  10-10, 10-16, 10-19, and 12-9 of this Code or Sections
17    7.20, 7.50, 7.60, 7.160, and 7.230 of  the  Attorney  General
18    Act  that  are required by those Sections to be paid into the
19    DHS Recoveries Trust Fund.  This Fund  shall  be  held  as  a
20    special fund in the State Treasury.
21        Disbursements  from  the  Fund  shall be only (1) for the
22    reimbursement of claims collected by the Illinois  Department
23    of  Human  Services through error or mistake, (2) for payment
24    to persons or agencies designated as payees or  co-payees  on
25    any  instrument,  whether or not negotiable, delivered to the
26    Illinois Department of Human Services  as  a  recovery  under
27    this  Section,  such  payment  to  be  in  proportion  to the
28    respective  interests  of  the  payees  in  the   amount   so
29    collected,  (3)  for payments to non-recipients, or to former
30    recipients of financial aid of the collections which are made
31    in their behalf under Article X of this Code or Sections  7.1
32    through 7.305 of the Attorney General Act, (4) for payment to
33    local governmental units of support payments collected by the
 
                            -109-              LRB9206548DJgc
 1    Illinois   Department   of  Human  Services  pursuant  to  an
 2    agreement under Section 10-3.1 of this Code or  Section  7.20
 3    of   the   Attorney   General   Act,   (5)   for  payment  of
 4    administrative expenses incurred in performing the activities
 5    authorized by Article X of this Code or Sections 7.1  through
 6    7.305 of the Attorney General Act, (6) for payment of fees to
 7    person  or agencies in the performance of activities pursuant
 8    to the collection of moneys owed the State, (7) for  payments
 9    of   any  amounts  which  are  reimbursable  to  the  federal
10    government which are required to be paid by State warrant  by
11    either   the   State  or  federal  government,  and  (8)  for
12    disbursements   to   attorneys   or   advocates   for   legal
13    representation  in  an  appeal  of  any  claim  for   federal
14    Supplemental    Security    Income    benefits    before   an
15    administrative law judge as provided for in Section  3-13  of
16    this Code.  Disbursements from the Fund for purposes of items
17    (5),  (6),  and  (8)  of  this  paragraph shall be subject to
18    appropriations from the Fund to the  Illinois  Department  of
19    Human Services.
20        The balance in the Fund on the first day of each calendar
21    quarter,  after payment therefrom of any amounts reimbursable
22    to the federal government, and minus  the  amount  reasonably
23    anticipated  to  be  needed  to make the disbursements during
24    that quarter authorized by this Section, shall  be  certified
25    by  the  Secretary  of  Human Services and transferred by the
26    State Comptroller to the General Revenue Fund within 30  days
27    after the first day of each calendar quarter.
28    (Source: P.A. 91-24, eff. 7-1-99.)

29        (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
30        Sec. 12-10.2.  The Child Support Enforcement Trust Fund.
31        (a)  The Child Support Enforcement Trust Fund, to be held
32    by  the  State  Treasurer as ex-officio custodian outside the
33    State Treasury, pursuant to  the  Child  Support  Enforcement
 
                            -110-              LRB9206548DJgc
 1    Program established by Title IV-D of the Social Security Act,
 2    shall consist of:
 3             (1)  all  support  payments assigned to the Attorney
 4        General Illinois Department under  Sections  7.1  through
 5        7.305  of the Attorney General Act Article X of this Code
 6        and rules promulgated by the  Attorney  General  Illinois
 7        Department  that  are  disbursed  to the Attorney General
 8        Illinois  Department  by  the  State  Disbursement   Unit
 9        established  under  Section 7.295 of the Attorney General
10        Act 10-26,
11             (2)  all support payments received by  the  Attorney
12        General  Illinois  Department  as  a  result of the Child
13        Support Enforcement Program established by Title IV-D  of
14        the Social Security Act that are not required or directed
15        to  be  paid  to  the State Disbursement Unit established
16        under Section 7.295 of the Attorney General Act 10-26,
17             (3)  all federal grants  received  by  the  Attorney
18        General  Illinois  Department funded by Title IV-D of the
19        Social Security Act, except those federal funds  received
20        under   the  Title  IV-D  program  as  reimbursement  for
21        expenditures from the General Revenue Fund,
22             (4)  incentive payments  received  by  the  Attorney
23        General   Illinois   Department   from  other  states  or
24        political  subdivisions   of   other   states   for   the
25        enforcement   and  collection  by  the  Attorney  General
26        Department of an assigned  child  support  obligation  in
27        behalf   of   such   other   states  or  their  political
28        subdivisions pursuant to the provisions of Title IV-D  of
29        the Social Security Act,
30             (5)  incentive  payments  retained  by  the Attorney
31        General  Illinois  Department  from  the  amounts   which
32        otherwise  would  be  paid  to  the federal government to
33        reimburse the federal government's share of  the  support
34        collection   for   the  Attorney  General's  Department's
 
                            -111-              LRB9206548DJgc
 1        enforcement  and  collection  of  an   assigned   support
 2        obligation on behalf of the State of Illinois pursuant to
 3        the provisions of Title IV-D of the Social Security Act,
 4             (6)  all   fees  charged  by  the  Attorney  General
 5        Department for child  support  enforcement  services,  as
 6        authorized  under  Title  IV-D of the Social Security Act
 7        and Section 7.5 of the Attorney General Act 10-1 of  this
 8        Code,  and  any  other fees, costs, fines, recoveries, or
 9        penalties provided  for  by  State  or  federal  law  and
10        received  by  the  Attorney  General Department under the
11        Child Support Enforcement Program  established  by  Title
12        IV-D of the Social Security Act, and
13             (7)  all   amounts   appropriated   by  the  General
14        Assembly for deposit into the Fund, and
15             (8)  any gifts, grants, donations,  or  awards  from
16        individuals,  private businesses, nonprofit associations,
17        and governmental entities.
18        (b)  Disbursements from this Fund shall be only  for  the
19    following purposes:
20             (1)  for  the reimbursement of funds received by the
21        Attorney General Illinois  Department  through  error  or
22        mistake,
23             (2)  for   payments   to   non-recipients,   current
24        recipients,  and  former  recipients  of financial aid of
25        support payments received on their behalf under  Sections
26        7.1  through  7.305 of the Attorney General Act Article X
27        of this Code that are not required to be disbursed by the
28        State Disbursement Unit established under  Section  7.295
29        of the Attorney General Act 10.26,
30             (3)  for  any  other  payments required by law to be
31        paid by  the  Attorney  General  Illinois  Department  to
32        non-recipients,    current    recipients,    and   former
33        recipients,
34             (4)  for payment  of  any  administrative  expenses,
 
                            -112-              LRB9206548DJgc
 1        including  payment  to  the Health Insurance Reserve Fund
 2        for group insurance costs at the rate  certified  by  the
 3        Department  of  Central Management Services, except those
 4        required to  be  paid  from  the  General  Revenue  Fund,
 5        including  personal and contractual services, incurred in
 6        performing  the  Title  IV-D  activities  authorized   by
 7        Sections  7.1  through  7.305 of the Attorney General Act
 8        Article X of this Code,
 9             (5)  for the reimbursement of the Public  Assistance
10        Emergency  Revolving Fund for expenditures made from that
11        Fund for payments to former recipients of public aid  for
12        child  support  made  to  the  Attorney  General Illinois
13        Department  when  the  former  public  aid  recipient  is
14        legally entitled to all or  part  of  the  child  support
15        payments, pursuant to the provisions of Title IV-D of the
16        Social Security Act,
17             (6)  for  the  payment  of incentive amounts owed to
18        other states or political subdivisions  of  other  states
19        that  enforce  and collect an assigned support obligation
20        on behalf of  the  State  of  Illinois  pursuant  to  the
21        provisions of Title IV-D of the Social Security Act,
22             (7)  for  the  payment  of incentive amounts owed to
23        political subdivisions of  the  State  of  Illinois  that
24        enforce  and  collect  an  assigned support obligation on
25        behalf of the State pursuant to the provisions  of  Title
26        IV-D of the Social Security Act, and
27             (8)  for   payments   of   any   amounts  which  are
28        reimbursable to the Federal government which are required
29        to be paid by  State  warrant  by  either  the  State  or
30        Federal government.
31        Disbursements  from  this Fund shall be by warrants drawn
32    by the State Comptroller on receipt of vouchers duly executed
33    and certified by the Attorney General Illinois Department  or
34    any  other  State  agency that receives an appropriation from
 
                            -113-              LRB9206548DJgc
 1    the Fund.
 2    (Source:  P.A.  90-18,  eff.  7-1-97;  90-587,  eff.  6-4-98;
 3    91-212, eff. 7-20-99;  91-400,  eff.  7-30-99;  91-712,  eff.
 4    7-1-00.)

 5        (305 ILCS 5/12-16) (from Ch. 23, par. 12-16)
 6        Sec.  12-16.  Public  Aid  Claims Enforcement Division of
 7    Office  of  Attorney  General.    The   Public   Aid   Claims
 8    Enforcement  Division  in the Office of the Attorney General,
 9    established pursuant to the 1949  Code,  shall  institute  in
10    behalf  of  the State all court actions referred to it by the
11    Illinois Department of Public Aid, or the Department of Human
12    Services (as successor to the Illinois Department  of  Public
13    Aid)  and the Attorney General under this Code and other laws
14    for the recovery of financial aid provided under  the  public
15    aid  programs, the enforcement of obligations of support, and
16    the enforcement of other claims, penalties and obligations.
17        The Division shall be staffed with attorneys appointed by
18    the Attorney General as Special Assistant Attorneys'  General
19    whose  special  duty  it  shall  be  to execute the aforesaid
20    duties.  The Assistant Attorneys' General shall  be  assigned
21    exclusively  to  such  duties.   They may engage only in such
22    political activities as  are  not  prohibited  by  the  Hatch
23    Political  Activity  Act,  Title  5, U.  S.  C.  A., Sections
24    118i et seq.
25        The Attorney General may request the appropriate  State's
26    Attorney of a county or staff of the Child and Spouse Support
27    Unit  established  under  Section  10-3.1  of  this  Code  to
28    institute any such action in behalf of the State or to assist
29    the Attorney General in the prosecution of actions instituted
30    by his Office.
31    (Source: P.A. 89-507, eff. 7-1-97.)

32        (305 ILCS 5/12-21.3) (from Ch. 23, par. 12-21.3)
 
                            -114-              LRB9206548DJgc
 1        Sec.  12-21.3.   Supervisors  of  general  assistance  in
 2    municipalities  of  more  than  500,000  -  Apportionment  of
 3    expenses  -  Requirements  for staff. In a county in which is
 4    located any city,  village  or  incorporated  town  having  a
 5    population  of more than 500,000 inhabitants, the Director of
 6    the County Department of Public Aid of that county  shall  be
 7    the  Supervisor  of General Assistance for such city, village
 8    or incorporated town. After December 31, 1973,  the  Illinois
 9    Department  shall  determine, by appropriate time studies and
10    such other methods as it may deem feasible,  the  portion  of
11    County   Department   expenses   for   salaries   and   other
12    administrative  costs  to  be charged against funds available
13    for public aid purposes under  Article  VI  within  any  such
14    municipality.  Until  January  1, 1974, all County Department
15    employees assigned to the administration of public aid  under
16    Articles VI and VII shall be appointed in accordance with the
17    terms  and provisions of the law in relation to civil service
18    in such county. After December 31, 1973, all such  employees,
19    and  after  July  1,  1979,  such  employees  assigned to the
20    administration of public  aid  under  Article  VI,  shall  be
21    appointed  as  provided  in  Section  7.300  of  the Attorney
22    General Act 12-8.1. Their compensation rates and standards of
23    competence, performance, and tenure shall be  identical  with
24    those established for employees of the County Department with
25    comparable    or    substantially    similar    duties    and
26    responsibilities  in  the  administration of Articles III, IV
27    and V and the "Illinois Act on Aging",  approved  August  29,
28    1973,  as  amended. All employees shall meet required Federal
29    personnel merit standards published in the  Federal  Register
30    and  applicable  to  grant-in-aid  programs established under
31    Federal Law.
32    (Source: P.A. 83-333.)

33        (305 ILCS 5/10-1 rep.)
 
                            -115-              LRB9206548DJgc
 1        (305 ILCS 5/10-2 rep.)
 2        (305 ILCS 5/10-3 rep.)
 3        (305 ILCS 5/10-3.1 rep.)
 4        (305 ILCS 5/10-3.2 rep.)
 5        (305 ILCS 5/10-3.3 rep.)
 6        (305 ILCS 5/10-3.4 rep.)
 7        (305 ILCS 5/10-4 rep.)
 8        (305 ILCS 5/10-5 rep.)
 9        (305 ILCS 5/10-6 rep.)
10        (305 ILCS 5/10-7 rep.)
11        (305 ILCS 5/10-8 rep.)
12        (305 ILCS 5/10-8.1 rep.)
13        (305 ILCS 5/10-9 rep.)
14        (305 ILCS 5/10-10 rep.)
15        (305 ILCS 5/10-10.1 rep.)
16        (305 ILCS 5/10-10.2 rep.)
17        (305 ILCS 5/10-10.3 rep.)
18        (305 ILCS 5/10-10.4 rep.)
19        (305 ILCS 5/10-10.5 rep.)
20        (305 ILCS 5/10-11 rep.)
21        (305 ILCS 5/10-11.1 rep.)
22        (305 ILCS 5/10-11.2 rep.)
23        (305 ILCS 5/10-12 rep.)
24        (305 ILCS 5/10-12.1 rep.)
25        (305 ILCS 5/10-13 rep.)
26        (305 ILCS 5/10-13.1 rep.)
27        (305 ILCS 5/10-13.2 rep.)
28        (305 ILCS 5/10-13.3 rep.)
29        (305 ILCS 5/10-13.4 rep.)
30        (305 ILCS 5/10-13.5 rep.)
31        (305 ILCS 5/10-13.6 rep.)
32        (305 ILCS 5/10-13.7 rep.)
33        (305 ILCS 5/10-13.8 rep.)
34        (305 ILCS 5/10-13.9 rep.)
 
                            -116-              LRB9206548DJgc
 1        (305 ILCS 5/10-13.10 rep.)
 2        (305 ILCS 5/10-14 rep.)
 3        (305 ILCS 5/10-14.1 rep.)
 4        (305 ILCS 5/10-15 rep.)
 5        (305 ILCS 5/10-16 rep.)
 6        (305 ILCS 5/10-16.2 rep.)
 7        (305 ILCS 5/10-16.3 rep.)
 8        (305 ILCS 5/10-16.4 rep.)
 9        (305 ILCS 5/10-16.5 rep.)
10        (305 ILCS 5/10-16.6 rep.)
11        (305 ILCS 5/10-17 rep.)
12        (305 ILCS 5/10-17.1 rep.)
13        (305 ILCS 5/10-17.2 rep.)
14        (305 ILCS 5/10-17.3 rep.)
15        (305 ILCS 5/10-17.4 rep.)
16        (305 ILCS 5/10-17.5 rep.)
17        (305 ILCS 5/10-17.6 rep.)
18        (305 ILCS 5/10-17.7 rep.)
19        (305 ILCS 5/10-17.8 rep.)
20        (305 ILCS 5/10-17.9 rep.)
21        (305 ILCS 5/10-17.11 rep.)
22        (305 ILCS 5/10-18 rep.)
23        (305 ILCS 5/10-19 rep.)
24        (305 ILCS 5/10-20 rep.)
25        (305 ILCS 5/10-23 rep.)
26        (305 ILCS 5/10-24 rep.)
27        (305 ILCS 5/10-24.5 rep.)
28        (305 ILCS 5/10-24.30 rep.)
29        (305 ILCS 5/10-24.35 rep.)
30        (305 ILCS 5/10-24.40 rep.)
31        (305 ILCS 5/10-24.45 rep.)
32        (305 ILCS 5/10-24.50 rep.)
33        (305 ILCS 5/10-25 rep.)
34        (305 ILCS 5/10-25.5 rep.)
 
                            -117-              LRB9206548DJgc
 1        (305 ILCS 5/10-26 rep.)
 2        (305 ILCS 5/10-26.5 rep.)
 3        (305 ILCS 5/10-27 rep.)
 4        (305 ILCS 5/12-4.3 rep.)
 5        (305 ILCS 5/12-8.1 rep.)
 6        Section 35.  The Illinois Public Aid Code is  amended  by
 7    repealing Sections 10-1 through 10-20, Sections 10-23 through
 8    10-27, Section 12-4.3, and Section 12-8.1.

 9        Section  38.  The  Genetic  Information  Privacy  Act  is
10    amended by changing Section 22 as follows:

11        (410 ILCS 513/22)
12        Sec. 22.  Tests to determine inherited characteristics in
13    paternity   proceedings.    Nothing  in  this  Act  shall  be
14    construed to affect or restrict in any way the ordering of or
15    use of results from deoxyribonucleic acid  (DNA)  testing  or
16    other  tests  to  determine  inherited characteristics by the
17    court in a judicial proceeding under the  Illinois  Parentage
18    Act  of  1984,  or  by  the Illinois Department of Public Aid
19    (before the effective date of this amendatory Act of the 92nd
20    General Assembly) in an administrative  paternity  proceeding
21    under  Article  X  of  the Illinois Public Aid Code and rules
22    promulgated under that Article, or by  the  Attorney  General
23    (on or after the effective date of this amendatory Act of the
24    92nd   General   Assembly)  in  an  administrative  paternity
25    proceeding under Sections 7.1 through 7.305 of  the  Attorney
26    General Act and rules promulgated under those Sections.
27    (Source: P.A. 90-25, eff. 1-1-98.)

28        Section 40.  The Vital Records Act is amended by changing
29    Sections 12, 17, and 22 as follows:

30        (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
 
                            -118-              LRB9206548DJgc
 1        Sec. 12.  Live births; place of registration.
 2        (1)  Each  live birth which occurs in this State shall be
 3    registered with the local or subregistrar of the district  in
 4    which  the birth occurred as provided in this Section, within
 5    7 days after the birth. When  a  birth  occurs  on  a  moving
 6    conveyance,  the city, village, township, or road district in
 7    which the child is first removed from the conveyance shall be
 8    considered the place of birth and a birth  certificate  shall
 9    be  filed  in the registration district in which the place is
10    located.
11        (2)  When a birth occurs in an institution, the person in
12    charge of the institution or  his  designated  representative
13    shall  obtain  and  record  all  the personal and statistical
14    particulars relative to the parents of  the  child  that  are
15    required  to  properly  complete  the live birth certificate;
16    shall secure the required personal signatures on the hospital
17    worksheet; shall prepare the certificate from this worksheet;
18    and shall file the certificate with the local registrar.  The
19    institution  shall  retain the hospital worksheet permanently
20    or  as  otherwise  specified  by  rule.   The  physician   in
21    attendance  shall  verify  or  provide  the date of birth and
22    medical information required by the  certificate,  within  24
23    hours after the birth occurs.
24        (3)  When  a  birth  occurs  outside  an institution, the
25    certificate shall  be  prepared  and  filed  by  one  of  the
26    following in the indicated order of priority:
27             (a)  The  physician  in attendance at or immediately
28        after the birth, or in the absence of such a person,
29             (b)  Any  other   person   in   attendance   at   or
30        immediately  after the birth, or in the absence of such a
31        person,
32             (c)  The father, the mother, or in  the  absence  of
33        the father and the inability of the mother, the person in
34        charge of the premises where the birth occurred.
 
                            -119-              LRB9206548DJgc
 1        (4)  Unless otherwise provided in this Act, if the mother
 2    was not married to the father of the child at either the time
 3    of  conception  or  the time of birth, the name of the father
 4    shall be entered on the child's birth certificate only if the
 5    mother and the person to be named as the father  have  signed
 6    an  acknowledgment of parentage in accordance with subsection
 7    (5).
 8        Unless otherwise provided in this Act, if the mother  was
 9    married  at  the time of conception or birth and the presumed
10    father (that is, the mother's husband) is not the  biological
11    father  of the child, the name of the biological father shall
12    be entered on the  child's  birth  certificate  only  if,  in
13    accordance with subsection (5), (i) the mother and the person
14    to  be  named  as the father have signed an acknowledgment of
15    parentage and (ii) the mother and presumed father have signed
16    a denial of paternity.
17        (5)  Upon the birth of a child to an unmarried woman,  or
18    upon  the  birth of a child to a woman who was married at the
19    time of conception or birth and  whose  husband  is  not  the
20    biological  father  of the child, the institution immediately
21    before or after the at  the  time  of  birth  and  the  local
22    registrar  or  county  clerk  after  the  birth  shall do the
23    following:
24             (a)  Provide (i)  an  opportunity  for  the  child's
25        mother  and father to sign an acknowledgment of parentage
26        and (ii) if the presumed father  is  not  the  biological
27        father, an opportunity for the mother and presumed father
28        to   sign   a  denial  of  paternity.   The  signing  and
29        witnessing of the acknowledgment of parentage or, if  the
30        presumed  father  of  the  child  is  not  the biological
31        father, the acknowledgment of  parentage  and  denial  of
32        paternity  conclusively  establishes  a  parent and child
33        relationship in accordance with Sections 5 and 6  of  the
34        Illinois Parentage Act of 1984.
 
                            -120-              LRB9206548DJgc
 1             The   Office   of   the  Attorney  General  Illinois
 2        Department of Public Aid shall furnish the acknowledgment
 3        of  parentage   and   denial   of   paternity   form   to
 4        institutions,   county   clerks,   and  State  and  local
 5        registrars' offices.  The form shall include instructions
 6        to send the original signed and witnessed  acknowledgment
 7        of parentage and denial of paternity to the Office of the
 8        Attorney General Illinois Department of Public Aid.
 9             (b)  Provide  the  following documents, furnished by
10        the Office of the Attorney General Illinois Department of
11        Public Aid, to the child's mother, biological father, and
12        (if the person presumed to be the child's father  is  not
13        the  biological  father) presumed father for their review
14        at the time the opportunity is provided  to  establish  a
15        parent and child relationship:
16                  (i)  An  explanation  of  the  implications of,
17             alternatives to,  legal  consequences  of,  and  the
18             rights  and responsibilities that arise from signing
19             an acknowledgment of parentage and, if necessary,  a
20             denial of paternity, including an explanation of the
21             parental   rights   and  responsibilities  of  child
22             support, visitation, custody,  retroactive  support,
23             health  insurance  coverage,  and  payment  of birth
24             expenses.
25                  (ii)  An explanation of the benefits of  having
26             a child's parentage established and the availability
27             of  parentage  establishment and support enforcement
28             services.
29                  (iii)  A request for an application  for  child
30             support  services  from  the  Office of the Attorney
31             General Illinois Department of Public Aid.
32                  (iv)  Instructions concerning  the  opportunity
33             to  speak,  either  by  telephone or in person, with
34             staff of the Office of the Attorney General Illinois
 
                            -121-              LRB9206548DJgc
 1             Department of Public Aid who are trained to  clarify
 2             information  and  answer  questions  about paternity
 3             establishment.
 4                  (v)  Instructions for  completing  and  signing
 5             the   acknowledgment  of  parentage  and  denial  of
 6             paternity.
 7             (c)  Provide an oral explanation  of  the  documents
 8        and   instructions   set  forth  in  subdivision  (5)(b),
 9        including  an  explanation  of   the   implications   of,
10        alternatives  to,  legal  consequences of, and the rights
11        and  responsibilities  that   arise   from   signing   an
12        acknowledgment  of  parentage and, if necessary, a denial
13        of paternity.  The  oral  explanation  may  be  given  in
14        person or through the use of video or audio equipment.
15        (6)  The institution, State or local registrar, or county
16    clerk  shall provide an opportunity for the child's father or
17    mother to sign a rescission of  parentage.  The  signing  and
18    witnessing   of   the   rescission  of  parentage  voids  the
19    acknowledgment of parentage and nullifies the presumption  of
20    paternity  if  executed  and  filed  with  the  Office of the
21    Attorney General Illinois Department of Public Aid within the
22    time frame contained in Section 5 of the  Illinois  Parentage
23    Act  of  1984.  The  Office  of the Attorney General Illinois
24    Department of Public Aid  shall  furnish  the  rescission  of
25    parentage  form to institutions, county clerks, and State and
26    local   registrars'   offices.   The   form   shall   include
27    instructions  to  send  the  original  signed  and  witnessed
28    rescission of parentage to the Office of the Attorney General
29    Illinois Department of Public Aid.
30        (7)  An acknowledgment of paternity  signed  pursuant  to
31    Section  6  of  the  Illinois  Parentage  Act  of 1984 may be
32    challenged in court only on the basis of  fraud,  duress,  or
33    material  mistake  of fact, with the burden of proof upon the
34    challenging party.  Pending outcome of  a  challenge  to  the
 
                            -122-              LRB9206548DJgc
 1    acknowledgment  of  paternity,  the legal responsibilities of
 2    the signatories shall remain in full force and effect, except
 3    upon order of the court upon a showing of good cause.
 4        (8)  When the process for acknowledgment of parentage  as
 5    provided  for  under subsection (5) establishes the paternity
 6    of a child whose certificate of birth is on file  in  another
 7    state, the Attorney General Illinois Department of Public Aid
 8    shall  forward a copy of the acknowledgment of parentage, the
 9    denial of paternity, if applicable,  and  the  rescission  of
10    parentage,  if  applicable, to the birth record agency of the
11    state where the child's certificate of birth is on file.
12        (9)  In the event the parent-child relationship has  been
13    established  in accordance with subdivision (a)(1) of Section
14    6 of the Parentage Act of 1984, the names of  the  biological
15    mother  and biological father so established shall be entered
16    on the child's  birth  certificate,  and  the  names  of  the
17    surrogate  mother  and  surrogate  mother's  husband, if any,
18    shall not be on the birth certificate.
19    (Source: P.A.  90-18,  eff.  7-1-97;  90-790,  eff.  8-14-98;
20    91-308, eff. 7-29-99.)

21        (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
22        Sec. 17.  (1) For a person born in this State, the  State
23    Registrar  of Vital Records shall establish a new certificate
24    of birth when he receives any of the following:
25             (a)  A  certificate  of  adoption  as  provided   in
26        Section  16  or a certified copy of the order of adoption
27        together with the information necessary to  identify  the
28        original  certificate  of  birth and to establish the new
29        certificate of birth; except that a  new  certificate  of
30        birth  shall  not  be  established if so requested by the
31        court ordering the adoption, the adoptive parents, or the
32        adopted person.
33             (b)  A certificate of adoption or a  certified  copy
 
                            -123-              LRB9206548DJgc
 1        of  the order of adoption entered in a court of competent
 2        jurisdiction of any  other  state  or  country  declaring
 3        adopted  a  child born in the State of Illinois, together
 4        with the information necessary to identify  the  original
 5        certificate of birth and to establish the new certificate
 6        of  birth;  except  that a new certificate of birth shall
 7        not be established if so requested by the court  ordering
 8        the  adoption,  the  adoptive  parents,  or  the  adopted
 9        person.
10             (c)  A request that a new certificate be established
11        and  such evidence as required by regulation proving that
12        such person has been legitimatized, or that  the  circuit
13        court,  the  Attorney General, the Illinois Department of
14        Public Aid, or a court or administrative  agency  of  any
15        other  state  has  established  the  paternity  of such a
16        person by judicial  or  administrative  processes  or  by
17        voluntary  acknowledgment,  which  is  accompanied by the
18        social security numbers of  all  persons  determined  and
19        presumed to be the parents.
20             (d)  An   affidavit  by  a  physician  that  he  has
21        performed an operation on a person, and that by reason of
22        the operation the sex designation on such person's  birth
23        record  should  be changed.  The State Registrar of Vital
24        Records may make any investigation or require any further
25        information he deems necessary.
26        Each request for a new  certificate  of  birth  shall  be
27    accompanied by a fee of $15 and entitles the applicant to one
28    certification  or  certified copy of the new certificate.  If
29    the request is for additional copies, it shall be accompanied
30    by a fee of $2 for each additional certification or certified
31    copy.
32        (2)  When a new certificate of birth is established,  the
33    actual  place  and date of birth shall be shown; provided, in
34    the case of adoption of  a  person  born  in  this  State  by
 
                            -124-              LRB9206548DJgc
 1    parents  who  were residents of this State at the time of the
 2    birth of the adopted person, the place of birth may be  shown
 3    as the place of residence of the adoptive parents at the time
 4    of  such  person's  birth, if specifically requested by them,
 5    and any new certificate of birth  established  prior  to  the
 6    effective  date  of  this  amendatory  Act  may  be corrected
 7    accordingly if so requested by the adoptive  parents  or  the
 8    adopted person when of legal age. The social security numbers
 9    of  the  parents  shall not be recorded on the certificate of
10    birth. The social security  numbers  may  only  be  used  for
11    purposes allowed under federal law. The new certificate shall
12    be substituted for the original certificate of birth:
13             (a)  Thereafter,  the  original  certificate and the
14        evidence of adoption,  paternity,  legitimation,  or  sex
15        change   shall   not   be   subject   to   inspection  or
16        certification except upon order of the circuit  court  or
17        as provided by regulation.
18             (b)  Upon   receipt   of   notice  of  annulment  of
19        adoption, the original  certificate  of  birth  shall  be
20        restored   to  its  place  in  the  files,  and  the  new
21        certificate  and  evidence  shall  not  be   subject   to
22        inspection  or  certification  except  upon  order of the
23        circuit court.
24        (3)  If no certificate of birth is on file for the person
25    for whom a new certificate is to be  established  under  this
26    Section,  a  delayed  record of birth shall be filed with the
27    State Registrar of Vital Records as provided in Section 14 or
28    Section 15 of this Act before a new certificate of  birth  is
29    established, except that when the date and place of birth and
30    parentage  have been established in the adoption proceedings,
31    a delayed record shall not be required.
32        (4)  When a new certificate of birth  is  established  by
33    the  State  Registrar  of  Vital  Records,  all copies of the
34    original certificate of birth in the custody of any custodian
 
                            -125-              LRB9206548DJgc
 1    of permanent local records in this State shall be transmitted
 2    to the State Registrar of  Vital  Records  as  directed,  and
 3    shall be sealed from inspection.
 4        (5)  Nothing  in  this  Section  shall  be  construed  to
 5    prohibit  the  amendment of a birth certificate in accordance
 6    with subsection (6) of Section 22.
 7    (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
 8    eff. 8-9-96; 90-18, eff. 7-1-97.)

 9        (410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)
10        Sec. 22.  (1) A certificate or record  filed  under  this
11    Act  may be amended only in accordance with this Act and such
12    regulations as  the  Department  may  adopt  to  protect  the
13    integrity  of  vital records. An application for an amendment
14    shall be accompanied by a  fee  of  $15  which  includes  the
15    provision  of  one  certification  or  certified  copy of the
16    amended birth  record.  If  the  request  is  for  additional
17    copies,  it  shall  be  accompanied  by  a fee of $2 for each
18    additional certification or certified copy.  Such  amendments
19    may only be made in connection with the original certificates
20    and  may  not  be made on copies of such certificates without
21    the approval of the State Registrar of  Vital  Records.   The
22    provisions  of  this  Section  shall  also be applicable to a
23    certificate or record filed under any former Act relating  to
24    the  registration  of  births,  stillbirths, and deaths.  Any
25    original certificate or record filed with  the  county  clerk
26    prior  to January 1, 1916, may be amended by the county clerk
27    under the same provisions of  this  Section,  or  regulations
28    adopted  pursuant thereto, as apply to the State Registrar of
29    Vital Records governing amendments to certificates or records
30    filed with the Department subsequent to December 31, 1915.
31        (2)  A certificate that is  amended  under  this  Section
32    after  its  filing  shall  have the correction entered on its
33    face; shall clearly indicate that an amendment has been made;
 
                            -126-              LRB9206548DJgc
 1    and  shall  show  the  date  of  the  amendment.   A  summary
 2    description of  the  evidence  submitted  in  support  of  an
 3    amendment  shall  be  permanently  retained by the Department
 4    either as an original record or  in  microphotographic  form.
 5    Documents  from  which such summary descriptions are made may
 6    be returned by  the  Department  to  the  person  or  persons
 7    submitting   them.    The   Department   shall  prescribe  by
 8    regulation the conditions under which, within one year  after
 9    the date of occurrence, additions or minor corrections may be
10    made without the certificate being considered amended.
11        (3)  An   amendment   to  a  delayed  birth  registration
12    established under the provisions of Section 15  of  this  Act
13    may be made by the State Registrar of Vital Records only upon
14    the  basis  of  an  order  from  the  court  which originally
15    established the facts of birth.
16        (4)  Upon receipt of a certified copy of  a  court  order
17    changing  the  name  or names of a person born in this State,
18    the official custodian shall amend the  original  certificate
19    of birth to reflect the changes.
20        (5)  (Blank).
21        (6)  When  the paternity of a child with a certificate of
22    birth on file in this State is established through  voluntary
23    acknowledgment,  by  the  Attorney  General, or by a court or
24    administrative agency under the laws of  this  or  any  other
25    state,  the  State Registrar of Vital Records shall amend the
26    original record accordingly, upon notification from a circuit
27    court of this State, the Attorney General,  or  the  Illinois
28    Department of Public Aid, or upon receipt of a certified copy
29    of    another   state's   acknowledgment   or   judicial   or
30    administrative determination of paternity.
31        (7)   Notwithstanding any other provision of this Act, if
32    an adopted person applies in accordance with this Section for
33    the amendment of the name on his or  her  birth  certificate,
34    the  State Registrar shall amend the birth certificate if the
 
                            -127-              LRB9206548DJgc
 1    person provides documentation or  other  evidence  supporting
 2    the  application  that  would  be  deemed  sufficient  if the
 3    documentation or evidence had been submitted in support of an
 4    application by a person who has not been adopted.
 5        (8)  When paternity has been established after the  birth
 6    in  accordance  with Section 12, the State Registrar of Vital
 7    Records shall amend the original record accordingly.
 8        (9)  Upon application by the parents not later  than  one
 9    year after an acknowledgment of parentage under this Act, the
10    Attorney  General  Act,  or the Illinois Public Aid Code or a
11    judicial or administrative determination or establishment  of
12    paternity  or parentage, the State Registrar of Vital Records
13    shall amend the child's name on the  child's  certificate  of
14    birth  in  accordance with the application.  No more than one
15    application to change a child's name may be made  under  this
16    subsection (9).
17        (10)  When   a   certificate  is  amended  by  the  State
18    Registrar of Vital Records  under  this  Section,  the  State
19    Registrar  of  Vital  Records  shall  furnish  a  copy of the
20    summary description to the custodian of any  permanent  local
21    records and such records shall be amended accordingly.
22    (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
23    eff. 8-9-96; 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)

24        Section 41.  The Fish and Aquatic Life Code is amended by
25    changing Section 20-105 as follows:

26        (515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
27        Sec.  20-105.   Revocation  and  suspension;  refusal  to
28    issue.
29        (a)  Whenever a license or permit is issued to any person
30    under  this  Code  and  its  holder  is  found  guilty of any
31    misrepresentation in obtaining the license or permit or of  a
32    violation  of  any  of the provisions of this Code, including
 
                            -128-              LRB9206548DJgc
 1    administrative rules, the license or permit may be revoked by
 2    the Department and the Department may  refuse  to  issue  any
 3    permit  or  license to that person and may suspend the person
 4    from engaging in the activity requiring the permit or license
 5    for a period of time not to  exceed  5  years  following  the
 6    revocation.    Department   revocation   procedure  shall  be
 7    established by administrative rule.
 8        (a-5)  Whenever a license or permit is issued under  this
 9    Code  to  any  person  who owes overdue child support or who,
10    after receiving notice, fails to comply with  a  subpoena  or
11    warrant  relating to a paternity or child support proceeding,
12    the license or permit may be revoked by  the  Department  and
13    the  Department  may  refuse  to issue a license or permit to
14    that person.  A failure to comply with a subpoena or  warrant
15    can  be  remedied  by complying with the subpoena or warrant.
16    Department revocation  procedures  shall  be  established  by
17    rule.
18        (b)  Whenever  any  person  who  has  not  been  issued a
19    license or a permit under the  provisions  of  this  Code  is
20    found  guilty  of a violation of the provisions of this Code,
21    including administrative rules, the Department may refuse  to
22    issue  any permit or license to that person, and suspend that
23    person from engaging in the activity requiring the permit  or
24    license for a period of time not to exceed 5 years.
25        (c)  Any  person  who knowingly or intentionally violates
26    any of the provisions of this Code, including  administrative
27    rules,  during the 5 years following the revocation of his or
28    her license or permit under subsection (a) or during the time
29    he is suspended under subsection (b), shall be  guilty  of  a
30    Class A misdemeanor as provided in Section 20-35.
31        (d)  A  person  whose  license or permit to engage in any
32    activity regulated by this Code has been suspended or revoked
33    may not, during the period of the suspension or revocation or
34    until obtaining such a license  or  permit,  (i)  be  in  the
 
                            -129-              LRB9206548DJgc
 1    company of any person engaging in the activity covered by the
 2    suspension or revocation or (ii) serve as a guide, outfitter,
 3    or  facilitator  for  a  person who is engaged or prepared to
 4    engage  in  the  activity  covered  by  the   suspension   or
 5    revocation.
 6        (e)  No  person  may  be  issued  or  obtain a license or
 7    permit or engage in  any  activity  regulated  by  this  Code
 8    during  the time that the person's privilege to engage in the
 9    same or similar activities is suspended or revoked by another
10    state, by a federal agency, or by a province of Canada.
11    (Source: P.A. 91-545, eff. 8-14-99.)

12        Section 42.  The Wildlife Code  is  amended  by  changing
13    Section 3.36 as follows:

14        (520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
15        Sec. 3.36.  Revocation and suspension.
16        (a)  Whenever a license or permit is issued to any person
17    under this Act, and the holder thereof is found guilty of any
18    misrepresentation in obtaining such license or permit or of a
19    violation  of  any  of  the provisions of this Act, including
20    administrative rules, his license or permit may be revoked by
21    the Department, and the Department may refuse  to  issue  any
22    permit  or  license to such person and may suspend the person
23    from engaging in the activity requiring the permit or license
24    for a period of time not to exceed  5  years  following  such
25    revocation.
26        Department  revocation procedures shall be established by
27    Administrative rule.
28        (a-5)  Whenever a license or permit is issued under  this
29    Code  to  any  person  who owes overdue child support or who,
30    after receiving notice, fails to comply with  a  subpoena  or
31    warrant  relating to a paternity or child support proceeding,
32    the license or permit may be revoked by  the  Department  and
 
                            -130-              LRB9206548DJgc
 1    the  Department  may  refuse  to issue a license or permit to
 2    that person.  A failure to comply with a subpoena or  warrant
 3    can  be  remedied  by complying with the subpoena or warrant.
 4    Department revocation  procedures  shall  be  established  by
 5    rule.
 6        (b)  Whenever  any  person  who  has  not  been  issued a
 7    license or a permit under the  provisions  of  this  Code  is
 8    found  guilty  of a violation of the provisions of this Code,
 9    including administrative rules, the Department may refuse  to
10    issue  any permit or license to that person, and suspend that
11    person from engaging in the activity requiring the permit  or
12    license for a period of time not to exceed 5 years.
13        (c)  Any  person  who knowingly or intentionally violates
14    any of the provisions of this Act,  including  administrative
15    rules,  during  such  period  when  his  license or permit is
16    revoked or denied by virtue of this  Section  or  during  the
17    time he is suspended under subsection (b), shall be guilty of
18    a Class A misdemeanor.
19        (d)  Licenses  and  permits authorized to be issued under
20    the  provisions  of  this  Act  shall  be  prepared  by   the
21    Department   and  be  in  such  form  as  prescribed  by  the
22    Department. The information required on each license shall be
23    completed thereon by the issuing agent or  his  sub-agent  at
24    the  time of issuance and each license shall be signed by the
25    licensee, or initialed by the designated purchaser  and  then
26    signed   immediately   upon  receipt  by  the  licensee,  and
27    countersigned by the issuing agent or his  sub-agent  at  the
28    time  of issuance. All such licenses shall be supplied by the
29    Department, subject to such  rules  and  regulations  as  the
30    Department  may prescribe. Any license not properly prepared,
31    obtained and signed as required by this Act shall be void.
32        (e)  A person whose license or permit to  engage  in  any
33    activity regulated by this Code has been suspended or revoked
34    may not, during the period of the suspension or revocation or
 
                            -131-              LRB9206548DJgc
 1    until  obtaining  such  a  license  or  permit, (i) be in the
 2    company of any person engaging in the activity covered by the
 3    suspension or revocation or (ii) serve as a guide, outfitter,
 4    or facilitator for a person who is  engaged  or  prepared  to
 5    engage   in   the  activity  covered  by  the  suspension  or
 6    revocation.
 7        (f)  No person may be  issued  or  obtain  a  license  or
 8    permit  or  engage  in  any  activity  regulated by this Code
 9    during the time that the person's privilege to engage in  the
10    same or similar activities is suspended or revoked by another
11    state, by a federal agency, or by a province of Canada.
12    (Source: P.A. 90-225, eff. 7-25-97; 91-545, eff. 8-14-99.)

13        Section  44.  The  Illinois  Vehicle  Code  is amended by
14    changing Sections 7-701, 7-702, 7-702.1, 7-703, 7-704, 7-705,
15    7-706, 7-707, and 7-708 as follows:

16        (625 ILCS 5/7-701)
17        Sec. 7-701.  Findings and purpose.  The General  Assembly
18    finds  that  the timely receipt of adequate financial support
19    has the effect of reducing poverty and State expenditures for
20    welfare  dependency  among  children,  and  that  the  timely
21    payment of  adequate  child  support  demonstrates  financial
22    responsibility.  Further, the General Assembly finds that the
23    State  has  a  compelling  interest  in ensuring that drivers
24    within  the  State  demonstrate   financial   responsibility,
25    including family financial responsibility, in order to safely
26    own  and operate a motor vehicle.  To this end, the Secretary
27    of State  is  authorized  to  establish  systems  to  suspend
28    driver's  licenses for failure to comply with court orders of
29    support and with subpoenas or warrants in paternity or  child
30    support proceedings.
31    (Source: P.A. 91-613, eff. 7-1-00.)
 
                            -132-              LRB9206548DJgc
 1        (625 ILCS 5/7-702)
 2        Sec.  7-702.   Suspension of driver's license for failure
 3    to pay child support or  comply  with  certain  subpoenas  or
 4    warrants.
 5        (a)  The  Secretary  of  State shall suspend the driver's
 6    license issued to an obligor upon receiving an  authenticated
 7    report  provided for in subsection (a) of Section 7-703, that
 8    the person (i) is 90 days or more delinquent in court ordered
 9    child support payments or has been adjudicated in arrears  in
10    an  amount  equal to 90 days obligation or more, and has been
11    found in contempt by the court for failure to pay the support
12    or (ii) has failed to comply with a subpoena or warrant in  a
13    paternity  or  child support proceeding and has been found in
14    contempt by the court for failure to comply.
15        (b)  The Secretary of State shall  suspend  the  driver's
16    license  issued to an obligor upon receiving an authenticated
17    document provided for in subsection  (b)  of  Section  7-703,
18    that  the  person  has  been  adjudicated in arrears in court
19    ordered child support payments in an amount equal to 90  days
20    obligation  or  more,  but  has  not been held in contempt of
21    court, and that the  court  has  ordered  that  the  person's
22    driving  privileges  be  suspended.   The  obligor's driver's
23    license shall be suspended until such time as  the  Secretary
24    of   State  receives  authenticated  documentation  that  the
25    obligor is in compliance with the  court  order  of  support.
26    When  the  obligor  complies  with  the  court  ordered child
27    support  payments,  the  circuit  court  shall   report   the
28    obligor's  compliance  with the court order of support to the
29    Secretary of State, on a form prescribed by the Secretary  of
30    State, and shall order that the obligor's driver's license be
31    reinstated.
32    (Source: P.A. 91-613, eff. 7-1-00.)

33        (625 ILCS 5/7-702.1)
 
                            -133-              LRB9206548DJgc
 1        Sec.  7-702.1.  Family  financial  responsibility driving
 2    permits.  Following the entry of an order that an obligor has
 3    been found in contempt by the court for failure to pay  court
 4    ordered  child  support payments or to comply with a subpoena
 5    or warrant in a paternity or  child  support  proceeding,  or
 6    upon  a motion by the obligor who is subject to having his or
 7    her driver's license suspended pursuant to subsection (b)  of
 8    Section  7-703,  the  court  may enter an order directing the
 9    Secretary of State to issue a family financial responsibility
10    driving permit for the purpose of providing the  obligor  the
11    privilege  of operating a motor vehicle between the obligor's
12    residence and place of employment, or  within  the  scope  of
13    employment  related  duties;  or for the purpose of providing
14    transportation for the  obligor  or  a  household  member  to
15    receive  alcohol  treatment, other drug treatment, or medical
16    care.  The court may enter an order directing the issuance of
17    a permit only if the obligor has proven to  the  satisfaction
18    of  the court that no alternative means of transportation are
19    reasonably available  for  the  above  stated  purposes.   No
20    permit  shall be issued to a person under the age of 16 years
21    who possesses an instruction permit.
22        Upon entry of an order granting the issuance of a  permit
23    to  an  obligor,  the  court shall report this finding to the
24    Secretary of State on a form  prescribed  by  the  Secretary.
25    This form shall state whether the permit has been granted for
26    employment  or  medical  purposes  and  the specific days and
27    hours for which limited driving privileges have been granted.
28        The family financial responsibility driving permit  shall
29    be  subject  to  cancellation,  invalidation, suspension, and
30    revocation by the Secretary of State in the same  manner  and
31    for  the same reasons as a driver's license may be cancelled,
32    invalidated, suspended, or revoked.
33        The Secretary of State shall, upon receipt of a certified
34    court order from the court of jurisdiction,  issue  a  family
 
                            -134-              LRB9206548DJgc
 1    financial  responsibility  driving  permit. In order for this
 2    permit to be issued, an individual's driving privileges  must
 3    be  valid  except  for  the  family  financial responsibility
 4    suspension. This permit shall be valid  only  for  employment
 5    and  medical  purposes  as set forth above.  The permit shall
 6    state the days and hours for which limited driving privileges
 7    have been granted.
 8        Any submitted court order that contains insufficient data
 9    or fails to comply with any provision of this Code shall  not
10    be  used  for  issuance  of  the  permit  or  entered  to the
11    individual's driving record but  shall  be  returned  to  the
12    court  of  jurisdiction  indicating  why the permit cannot be
13    issued at that time.  The Secretary of State shall also  send
14    notice  of  the  return  of the court order to the individual
15    requesting the permit.
16    (Source: P.A. 90-369, eff. 1-1-98; 91-613, eff. 7-1-00.)

17        (625 ILCS 5/7-703)
18        Sec.  7-703.   Courts  to  report  non-payment  of  court
19    ordered support and noncompliance with certain subpoenas  and
20    warrants.
21        (a)  The  clerk  of  the  circuit  court,  as provided in
22    subsection (b) of Section 505 of the  Illinois  Marriage  and
23    Dissolution  of  Marriage Act or as provided in Section 15 of
24    the Illinois Parentage Act of  1984,  shall  forward  to  the
25    Secretary of State, on a form prescribed by the Secretary, an
26    authenticated   document   certifying   the   court's   order
27    suspending  the  driving  privileges of the obligor.  For any
28    such certification, the clerk of the court shall  charge  the
29    obligor a fee of $5 as provided in the Clerks of Courts Act.
30        (b)  If  an  obligor  has  been adjudicated in arrears in
31    court ordered child support payments in an amount equal to 90
32    days obligation or more but has not been held in contempt  of
33    court, the circuit court may order that the obligor's driving
 
                            -135-              LRB9206548DJgc
 1    privileges  be  suspended.   If the circuit court orders that
 2    the obligor's  driving  privileges  be  suspended,  it  shall
 3    forward  to  the  Secretary of State, on a form prescribed by
 4    the  Secretary,  an  authenticated  document  certifying  the
 5    court's  order  suspending  the  driving  privileges  of  the
 6    obligor.  The authenticated document shall  be  forwarded  to
 7    the  Secretary  of  State  by the court no later than 45 days
 8    after entry of the order  suspending  the  obligor's  driving
 9    privileges.
10    (Source: P.A. 91-613, eff. 7-1-00.)

11        (625 ILCS 5/7-704)
12        Sec. 7-704.  Suspension to continue until compliance with
13    court order of support or with subpoena or warrant.
14        (a)  The suspension of a driver's license shall remain in
15    effect  unless  and  until  the  Secretary  of State receives
16    authenticated  documentation  (i)  that  the  obligor  is  in
17    compliance with a court order of support or  that  the  order
18    has  been  stayed  by a subsequent order of the court or (ii)
19    that the obligor  is  in  compliance  with  the  subpoena  or
20    warrant  in  a  paternity  or  child support proceeding. Full
21    driving privileges shall not be issued by  the  Secretary  of
22    State until notification of compliance has been received from
23    the  court.   The  circuit  clerks shall report the obligor's
24    compliance with a court order of support or with  a  subpoena
25    or warrant to the Secretary of State, on a form prescribed by
26    the Secretary.
27        (b)  Whenever,  after  one  suspension of an individual's
28    driver's license for failure to pay  child  support,  another
29    order  of  non-payment is entered against the obligor and the
30    person fails to come into compliance with the court order  of
31    support,  then the Secretary shall again suspend the driver's
32    license of the individual and that suspension  shall  not  be
33    removed  unless  the  obligor  is in full compliance with the
 
                            -136-              LRB9206548DJgc
 1    court order of support and  has  made  full  payment  on  all
 2    arrearages.
 3    (Source: P.A. 89-92, eff. 7-1-96.)

 4        (625 ILCS 5/7-705)
 5        Sec.  7-705.   Notice.   The Secretary of State, prior to
 6    suspending a driver's license under this Chapter, shall serve
 7    written notice upon an obligor that the individual's driver's
 8    license will be suspended in 60 days from  the  date  on  the
 9    notice  unless  the  obligor  satisfies  the  court  order of
10    support or  complies  with  the  subpoena  or  warrant  in  a
11    paternity  or  child support proceeding and the circuit clerk
12    notifies the Secretary of State of this compliance.
13    (Source: P.A. 89-92, eff. 7-1-96.)

14        (625 ILCS 5/7-706)
15        Sec.  7-706.   Administrative  hearing.   A  driver   may
16    contest  this  driver's  license  sanction  by  requesting an
17    administrative hearing in accordance with  Section  2-118  of
18    this Code.  If a written request for this hearing is received
19    prior to the effective date of the suspension, the suspension
20    shall  be stayed.  If a stay of the suspension is granted, it
21    shall remain in effect until a hearing decision  is  entered.
22    At the conclusion of this hearing, the Secretary of State may
23    rescind  or  impose the driver's license suspension.   If the
24    suspension is upheld, it shall become effective 10 days  from
25    the date the hearing decision is entered.  If the decision is
26    to   rescind   the   suspension,  no  suspension  of  driving
27    privileges shall be entered.  The scope of this hearing shall
28    be limited to the following issues:
29        (a)  Whether the driver is the  obligor  covered  by  the
30    court  order of support or the person to whom the subpoena or
31    warrant is directed.
32        (b)  Whether the authenticated document of a court  order
 
                            -137-              LRB9206548DJgc
 1    of  support indicates that the obligor (i) is 90 days or more
 2    delinquent or has been adjudicated in arrears  in  an  amount
 3    equal  to  90  days  obligation or more and has been found in
 4    contempt of court for failure to pay child  support  or  (ii)
 5    has  failed  to  comply  with  a  subpoena  or  warrant  in a
 6    paternity or child support proceeding and has been  found  in
 7    contempt by the court for failure to comply.
 8        (c)  Whether  a superseding authenticated document of any
 9    court order of support or of compliance with  a  subpoena  or
10    warrant has been entered.
11    (Source: P.A. 89-92, eff. 7-1-96.)

12        (625 ILCS 5/7-707)
13        Sec.  7-707.  Payment  of  reinstatement  fee.   When  an
14    obligor  receives  Upon an obligors receiving notice from the
15    Secretary of State that the suspension of driving  privileges
16    has  been  terminated based upon receipt of notification from
17    the circuit clerk of the obligor's obligors compliance with a
18    court order of support or a subpoena or warrant, the  obligor
19    shall  pay  a $30 reinstatement fee to the Secretary of State
20    as set forth in Section 6-118 of this Code.  The fee shall be
21    deposited into the Family Responsibility Fund.  In accordance
22    with subsection (e)  of  Section  6-115  of  this  Code,  the
23    Secretary  of  State  may  decline  to process a renewal of a
24    driver's license of a person who has not paid this fee.
25    (Source: P.A. 89-92, eff. 7-1-96; revised 10-20-00.)

26        (625 ILCS 5/7-708)
27        Sec. 7-708.  Rules.  The Secretary of  State,  using  the
28    authority  to license motor vehicle operators, may adopt such
29    rules as may be necessary to establish  standards,  policies,
30    and  procedures  for  the suspension of driver's licenses for
31    non-compliance with a  court  order  of  support  or  with  a
32    subpoena   or   warrant  in  a  paternity  or  child  support
 
                            -138-              LRB9206548DJgc
 1    proceeding.
 2    (Source: P.A. 89-92, eff. 7-1-96.)

 3        Section 45.  The Attorney  Act  is  amended  by  changing
 4    Section 1 as follows:

 5        (705 ILCS 205/1) (from Ch. 13, par. 1)
 6        Sec.  1.   No person shall be permitted to practice as an
 7    attorney or counselor at law within this State without having
 8    previously obtained a  license  for  that  purpose  from  the
 9    Supreme Court of this State.
10        No  person  shall  receive  any  compensation directly or
11    indirectly for any legal  services  other  than  a  regularly
12    licensed attorney.
13        A license, as provided for herein, constitutes the person
14    receiving   the  same  an  attorney  and  counselor  at  law,
15    according to the law and customs thereof, for and during  his
16    good  behavior  in  the practice and authorizes him to demand
17    and receive fees for any services which he may render  as  an
18    attorney and counselor at law in this State.  No person shall
19    be  granted  a  license or renewal authorized by this Act who
20    has defaulted  on  an  educational  loan  guaranteed  by  the
21    Illinois Student Assistance Commission; however, a license or
22    renewal  may be issued to the aforementioned persons who have
23    established a satisfactory repayment record as determined  by
24    the  Illinois Student Assistance Commission.  No person shall
25    be granted a license or renewal authorized by this Act who is
26    more than 30  days  delinquent  in  complying  with  a  child
27    support  order;  a license or renewal may be issued, however,
28    if the person has established a satisfactory repayment record
29    as determined (i) by the Illinois Department  of  Public  Aid
30    for  cases  being  enforced  under  Article X of the Illinois
31    Public Aid Code or by the Attorney General  for  cases  being
32    enforced  under  Sections  7.1  through 7.305 of the Attorney
 
                            -139-              LRB9206548DJgc
 1    General Act or (ii) in all other cases by order of  court  or
 2    by   written  agreement  between  the  custodial  parent  and
 3    non-custodial parent. No person shall be  refused  a  license
 4    under this Act on account of sex.
 5        Any  person  practicing,  charging  or receiving fees for
 6    legal  services  within  this  State,  either   directly   or
 7    indirectly,  without  being  licensed  to  practice as herein
 8    required, is  guilty  of  contempt  of  court  and  shall  be
 9    punished  accordingly,  upon  complaint  being  filed  in any
10    Circuit Court of  this  State.   Such  proceedings  shall  be
11    conducted  in the Courts of the respective counties where the
12    alleged contempt has been committed in the same manner as  in
13    cases  of  indirect  contempt and with the right of review by
14    the parties thereto.
15        The provisions of this Act shall be in addition to  other
16    remedies  permitted  by  law  and  shall  not be construed to
17    deprive courts of this  State  of  their  inherent  right  to
18    punish  for contempt or to restrain the unauthorized practice
19    of law.
20        Nothing in  this  Act  shall  be  construed  to  prohibit
21    representation  of a party by a person who is not an attorney
22    in a proceeding before either panel  of  the  Illinois  Labor
23    Relations  Board  under  the  Illinois Public Labor Relations
24    Act, as now or hereafter amended,  the  Illinois  Educational
25    Labor  Relations  Board  under the Illinois Educational Labor
26    Relations Act, as now or hereafter amended, the  State  Civil
27    Service  Commission,  the local Civil Service Commissions, or
28    the University Civil  Service  Merit  Board,  to  the  extent
29    allowed  pursuant  to  rules  and  regulations promulgated by
30    those Boards and Commissions.
31    (Source: P.A. 91-798, eff. 7-9-00.)

32        Section 47.  The Juvenile Court Act of 1987 is amended by
33    changing Section 6-9 as follows:
 
                            -140-              LRB9206548DJgc
 1        (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
 2        Sec.  6-9.   Enforcement  of  liability  of  parents  and
 3    others.
 4        (1)  If parentage is at issue  in  any  proceeding  under
 5    this  Act, the Illinois Parentage Act of 1984 shall apply and
 6    the court shall enter orders consistent with that Act.  If it
 7    appears at any hearing that a  parent  or  any  other  person
 8    named  in  the petition, liable under the law for the support
 9    of the minor, is able to contribute to his  or  her  support,
10    the court shall enter an order requiring that parent or other
11    person  to  pay the clerk of the court, or to the guardian or
12    custodian appointed under Sections 2-27, 3-28, 4-25 or 5-740,
13    a reasonable sum from time to time for the care, support  and
14    necessary  special  care  or  treatment, of the minor. If the
15    court determines at any hearing that a parent  or  any  other
16    person  named  in  the petition, liable under the law for the
17    support of the minor, is able to contribute  to  help  defray
18    the  costs  associated with the minor's detention in a county
19    or regional detention center, the court shall enter an  order
20    requiring that parent or other person to pay the clerk of the
21    court a reasonable sum for the care and support of the minor.
22     The  court may require reasonable security for the payments.
23    Upon failure to pay, the court may enforce obedience  to  the
24    order by a proceeding as for contempt of court.
25        If  it  appears that the person liable for the support of
26    the  minor  is  able  to  contribute  to   legal   fees   for
27    representation  of  the minor, the court shall enter an order
28    requiring that  person  to  pay  a  reasonable  sum  for  the
29    representation,  to the attorney providing the representation
30    or to the clerk of the court for deposit in  the  appropriate
31    account  or  fund.  The sum may be paid as the court directs,
32    and the payment thereof secured and enforced as  provided  in
33    this Section for support.
34        If it appears at the detention or shelter care hearing of
 
                            -141-              LRB9206548DJgc
 1    a minor before the court under Section 5-501 that a parent or
 2    any  other  person liable for support of the minor is able to
 3    contribute to his or her support, that parent or other person
 4    shall be required to pay a fee for room and board at  a  rate
 5    not  to  exceed $10 per day established, with the concurrence
 6    of the chief judge of the judicial  circuit,  by  the  county
 7    board of the county in which the minor is detained unless the
 8    court  determines that it is in the best interest and welfare
 9    of the minor to waive the fee.  The concurrence of the  chief
10    judge  shall be in the form of an administrative order.  Each
11    week, on a day designated by the clerk of the circuit  court,
12    that  parent  or  other  person  shall  pay the clerk for the
13    minor's  room  and  board.   All  fees  for  room  and  board
14    collected by the circuit court clerk shall be disbursed  into
15    the separate county fund under Section 6-7.
16        Upon  application,  the  court  shall waive liability for
17    support or legal fees under this Section  if  the  parent  or
18    other  person  establishes  that  he  or  she is indigent and
19    unable to pay the  incurred  liability,  and  the  court  may
20    reduce  or  waive  liability  if  the  parent or other person
21    establishes  circumstances  showing  that  full  payment   of
22    support  or  legal fees would result in financial hardship to
23    the person or his or her family.
24        (2)  When a person so ordered to pay  for  the  care  and
25    support   of  a  minor  is  employed  for  wages,  salary  or
26    commission, the court may  order  him  to  make  the  support
27    payments  for  which  he  is liable under this Act out of his
28    wages, salary or commission and to assign so much thereof  as
29    will  pay  the  support. The court may also order him to make
30    discovery to the court as to his place of employment and  the
31    amounts earned by him. Upon his failure to obey the orders of
32    court he may be punished as for contempt of court.
33        (3)  If  the minor is a recipient of public aid under the
34    Illinois Public Aid Code, the court shall order that payments
 
                            -142-              LRB9206548DJgc
 1    made by a parent or through assignment of his  wages,  salary
 2    or commission be made directly to (a) the Illinois Department
 3    of  Public  Aid  if  the  minor  is  a recipient of aid under
 4    Article V of the Code, (b) the Department of  Human  Services
 5    if  the  minor  is a recipient of aid under Article IV of the
 6    Code, or (c) the local governmental unit responsible for  the
 7    support  of  the minor if he is a recipient under Articles VI
 8    or VII of the Code.  The  order  shall  permit  the  Illinois
 9    Department  of  Public Aid, the Department of Human Services,
10    or the local governmental unit, as the case may be, to direct
11    that subsequent payments be made directly to the guardian  or
12    custodian  of the minor, or to some other person or agency in
13    the minor's behalf, upon removal of the minor from the public
14    aid rolls; and upon such direction and removal of  the  minor
15    from  the public aid rolls, the Illinois Department of Public
16    Aid, Department of  Human  Services,  or  local  governmental
17    unit, as the case requires, shall give written notice of such
18    action  to  the  court.  Payments  received  by  the Illinois
19    Department of Public Aid, Department of  Human  Services,  or
20    local governmental unit are to be covered, respectively, into
21    the  General  Revenue  Fund  of the State Treasury or General
22    Assistance Fund of the  governmental  unit,  as  provided  in
23    Section  7.230  of  the  Attorney  General  Act  10-19 of the
24    Illinois Public Aid Code.
25    (Source: P.A.  90-157,  eff.  1-1-98;  90-483,  eff.  1-1-98;
26    90-590,  eff.  1-1-99;  90-655,  eff.  7-30-98;  91-357, eff.
27    7-29-99.)

28        Section 48.  The Unified Code of Corrections  is  amended
29    by changing Section 5-7-6 as follows:

30        (730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
31        Sec.  5-7-6.  Duty of Clerk of Court or the Department of
32    Corrections; collection and disposition of compensation.
 
                            -143-              LRB9206548DJgc
 1        (a)  Every   gainfully   employed   offender   shall   be
 2    responsible for managing his or her earnings.  The  clerk  of
 3    the  circuit  court  shall  have  only those responsibilities
 4    regarding an offender's earnings as are  set  forth  in  this
 5    Section.
 6        Every  offender, including offenders who are sentenced to
 7    periodic imprisonment for weekends only,  gainfully  employed
 8    shall  pay  a  fee  for room and board at a rate established,
 9    with the concurrence of  the  chief  judge  of  the  judicial
10    circuit,  by  the  county  board  of  the county in which the
11    offender is incarcerated.  The concurrence of the chief judge
12    shall  be  in  the  form  of  an  administrative  order.   In
13    establishing the fee for room and board consideration may  be
14    given  to  all  costs  incidental  to  the  incarceration  of
15    offenders.  If  an  offender  is  necessarily absent from the
16    institution at mealtime he or she shall,  without  additional
17    charge,  be  furnished  with  a  meal to carry to work.  Each
18    week, on a day designated by the clerk of the circuit  court,
19    every   offender  shall  pay  the  clerk  the  fees  for  the
20    offender's room and board. Failure to pay the  clerk  on  the
21    day  designated  shall  result  in  the  termination  of  the
22    offender's  release. All fees for room and board collected by
23    the circuit court clerk shall be disbursed into the  county's
24    General Corporate Fund.
25        By  order  of the court, all or a portion of the earnings
26    of employed offenders shall be turned over to the clerk to be
27    distributed for the following purposes, in the order stated:
28             (1)  the room and board of the offender;
29             (2)  necessary travel expenses to and from work  and
30        other  incidental  expenses  of  the offender, when those
31        expenses  are  incurred  by  the  administrator  of   the
32        offender's imprisonment;
33             (3)  support of the offender's dependents, if any.
34        (b)  If  the  offender has one or more dependents who are
 
                            -144-              LRB9206548DJgc
 1    recipients of financial assistance pursuant to  the  Illinois
 2    Public  Aid  Code,  or who are residents of a State hospital,
 3    State school or foster care facility provided by  the  State,
 4    the  court  shall  order  the  offender to turn over all or a
 5    portion of his earnings to the clerk who shall, after  making
 6    the  deductions  provided for under paragraph (a), distribute
 7    those earnings to the appropriate agency as reimbursement for
 8    the cost of care of such dependents. The order  shall  permit
 9    the  Department of Human Services (acting as successor to the
10    Illinois Department of Public Aid  under  the  Department  of
11    Human  Services  Act)  or the local governmental unit, as the
12    case may be, to request the clerk that subsequent payments be
13    made directly to the dependents, or to some agency or  person
14    in  their  behalf,  upon  removal  of the dependents from the
15    public aid rolls; and upon such direction and removal of  the
16    recipients from the public aid rolls, the Department of Human
17    Services   or  the  local  governmental  unit,  as  the  case
18    requires, shall give written notice of  such  action  to  the
19    court.  Payments received by the Department of Human Services
20    or  by  governmental  units in behalf of recipients of public
21    aid shall be deposited into the General Revenue Fund  of  the
22    State Treasury or General Assistance Fund of the governmental
23    unit,  under  Section 7.230 of the Attorney General Act 10-19
24    of the Illinois Public Aid Code.
25        (c)  The clerk of the circuit court shall keep individual
26    accounts of all money collected by him as  required  by  this
27    Article.  He  shall  deposit  all  moneys  as  trustee  in  a
28    depository  designated  by  the  county  board and shall make
29    payments required by the  court's  order  from  such  trustee
30    account.  Such accounts shall be subject to audit in the same
31    manner as accounts of the county are audited.
32        (d)  If an institution or the Department  of  Corrections
33    certifies  to  the  court that it can administer this Section
34    with respect to persons committed to it under  this  Article,
 
                            -145-              LRB9206548DJgc
 1    the  clerk of the court shall be relieved of its duties under
 2    this Section and they shall be assumed by such institution or
 3    the Department.
 4    (Source: P.A. 90-14, eff. 7-1-97; 91-357, eff. 7-29-99.)

 5        Section 49.  The Code of Civil Procedure  is  amended  by
 6    changing Section 2-101 as follows:

 7        (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
 8        Sec.  2-101.   Generally. Except as otherwise provided in
 9    this Act, every action must be commenced (1) in the county of
10    residence of any defendant who is joined in  good  faith  and
11    with  probable  cause for the purpose of obtaining a judgment
12    against him or her and not solely for the purpose  of  fixing
13    venue  in  that  county,  or  (2)  in the county in which the
14    transaction or some part thereof occurred out  of  which  the
15    cause of action arose.
16        If  a  check, draft, money order, or other instrument for
17    the payment of child support payable to or delivered  to  the
18    State Disbursement Unit established under Section 7.295 10-26
19    of  the  Attorney  General  Act  Illinois  Public Aid Code is
20    returned by the bank or depository for any reason, venue  for
21    the enforcement of any criminal proceedings or civil cause of
22    action  for recovery and attorney fees shall be in the county
23    where the principal office of the State Disbursement Unit  is
24    located.
25        If  all  defendants  are  nonresidents  of  the State, an
26    action may be commenced in any county.
27        If the corporate limits of a city, village or town extend
28    into more than one county, then the venue  of  an  action  or
29    proceeding  instituted  by  that  municipality to enforce any
30    fine, imprisonment, penalty or forfeiture  for  violation  of
31    any  ordinance of that municipality, regardless of the county
32    in which the violation was committed or occurred, may  be  in
 
                            -146-              LRB9206548DJgc
 1    the appropriate court (i) in the county wherein the office of
 2    the  clerk  of  the  municipality  is  located or (ii) in any
 3    county in which at least 35%  of  the  territory  within  the
 4    municipality's corporate limits is located.
 5    (Source: P.A. 91-212, eff. 7-20-99.)

 6        Section  50.  The  Illinois  Marriage  and Dissolution of
 7    Marriage Act is amended  by  changing  Sections  505,  505.1,
 8    505.2,  505.3,  506, 507, 507.1, 510, 516, 705, 709, 710, and
 9    712 as follows:

10        (750 ILCS 5/505) (from Ch. 40, par. 505)
11        Sec. 505.  Child support; contempt; penalties.
12        (a)  In a proceeding for dissolution of  marriage,  legal
13    separation,   declaration   of   invalidity  of  marriage,  a
14    proceeding for child support  following  dissolution  of  the
15    marriage  by  a court which lacked personal jurisdiction over
16    the  absent  spouse,  a  proceeding  for  modification  of  a
17    previous order for child support under Section  510  of  this
18    Act, or any proceeding authorized under Section 501 or 601 of
19    this  Act, the court may order either or both parents owing a
20    duty of support to a child of the marriage to pay  an  amount
21    reasonable  and  necessary for his support, without regard to
22    marital misconduct. The duty of  support   owed  to  a  minor
23    child  includes  the obligation to provide for the reasonable
24    and necessary physical, mental and emotional health needs  of
25    the child.
26             (1)  The Court shall determine the minimum amount of
27        support by using the following guidelines:
28          Number of Children       Percent of Supporting Party's
29                                             Net Income
30                  1                             20%
31                  2                             25%
32                  3                             32%
 
                            -147-              LRB9206548DJgc
 1                  4                             40%
 2                  5                             45%
 3              6 or more                         50%
 4             (2)  The  above  guidelines shall be applied in each
 5        case unless the court makes a finding that application of
 6        the guidelines would be inappropriate, after  considering
 7        the  best  interests  of  the  child in light of evidence
 8        including but not limited to one or more of the following
 9        relevant factors:
10                  (a)  the financial resources and needs  of  the
11             child;
12                  (b)  the  financial  resources and needs of the
13             custodial parent;
14                  (c)  the standard of  living  the  child  would
15             have enjoyed had the marriage not been dissolved;
16                  (d)  the  physical  and  emotional condition of
17             the child, and his educational needs; and
18                  (e)  the financial resources and needs  of  the
19             non-custodial parent.
20             If  the  court  deviates  from  the  guidelines, the
21        court's finding shall state the amount  of  support  that
22        would   have  been  required  under  the  guidelines,  if
23        determinable.  The court  shall  include  the  reason  or
24        reasons for the variance from the guidelines.
25             (3)  "Net  income"  is  defined  as the total of all
26        income from all sources, minus the following deductions:
27                  (a)  Federal income  tax  (properly  calculated
28             withholding or estimated payments);
29                  (b)  State   income  tax  (properly  calculated
30             withholding or estimated payments);
31                  (c)  Social Security (FICA payments);
32                  (d)  Mandatory     retirement     contributions
33             required by law or as a condition of employment;
34                  (e)  Union dues;
 
                            -148-              LRB9206548DJgc
 1                  (f)  Dependent          and          individual
 2             health/hospitalization insurance premiums;
 3                  (g)  Prior   obligations    of    support    or
 4             maintenance actually paid pursuant to a court order;
 5                  (h)  Expenditures  for  repayment of debts that
 6             represent reasonable and necessary expenses for  the
 7             production of income, medical expenditures necessary
 8             to  preserve life or health, reasonable expenditures
 9             for the benefit of the child and the  other  parent,
10             exclusive  of  gifts.   The  court  shall reduce net
11             income in determining the minimum amount of  support
12             to be ordered only for the period that such payments
13             are   due   and  shall  enter  an  order  containing
14             provisions for its self-executing modification  upon
15             termination of such payment period.
16             (4)  In  cases  where  the  court order provides for
17        health/hospitalization  insurance  coverage  pursuant  to
18        Section  505.2  of  this  Act,  the  premiums  for   that
19        insurance,  or that portion of the premiums for which the
20        supporting party is responsible in the case of  insurance
21        provided  through  an  employer's  health  insurance plan
22        where the employer pays a portion of the premiums,  shall
23        be  subtracted from net income in determining the minimum
24        amount of support to be ordered.
25             (4.5)  In a proceeding for child  support  following
26        dissolution  of  the  marriage  by  a  court  that lacked
27        personal jurisdiction over  the  absent  spouse,  and  in
28        which  the  court is requiring payment of support for the
29        period before the date an order for  current  support  is
30        entered,  there  is  a  rebuttable  presumption  that the
31        supporting party's net income for the  prior  period  was
32        the  same  as his or her net income at the time the order
33        for current support is entered.
34             (5)  If the net income cannot be determined  because
 
                            -149-              LRB9206548DJgc
 1        of  default  or  any  other reason, the court shall order
 2        support  in  an  amount  considered  reasonable  in   the
 3        particular  case.   The  final  order  in all cases shall
 4        state the support level in dollar  amounts.  However,  if
 5        the  court  finds that the child support amount cannot be
 6        expressed exclusively as a dollar amount because all or a
 7        portion of the payor's net  income  is  uncertain  as  to
 8        source, time of payment, or amount, the court may order a
 9        percentage  amount  of  support in addition to a specific
10        dollar amount and enter  such  other  orders  as  may  be
11        necessary  to  determine  and enforce, on a timely basis,
12        the applicable support ordered.
13             (6)  If (i) the non-custodial  parent  was  properly
14        served   with   a  request  for  discovery  of  financial
15        information  relating  to  the   non-custodial   parent's
16        ability  to provide child support, (ii) the non-custodial
17        parent failed to comply with the request, despite  having
18        been  ordered  to  do  so  by  the  court,  and (iii) the
19        non-custodial parent is not present  at  the  hearing  to
20        determine  support despite having received proper notice,
21        then any relevant financial  information  concerning  the
22        non-custodial  parent's  ability to provide child support
23        that was obtained pursuant to subpoena and proper  notice
24        shall  be  admitted  into  evidence  without  the need to
25        establish any further foundation for its admission.
26        (a-5)  In an action to enforce an order for support based
27    on the respondent's  failure  to  make  support  payments  as
28    required  by  the  order,  notice  of proceedings to hold the
29    respondent in contempt for that failure may be served on  the
30    respondent  by  personal service or by regular mail addressed
31    to the respondent's last known  address.    The  respondent's
32    last  known  address  may  be  determined from records of the
33    clerk of the court, from the Federal Case Registry  of  Child
34    Support Orders, or by any other reasonable means.
 
                            -150-              LRB9206548DJgc
 1        (b)  Failure  of either parent to comply with an order to
 2    pay support or a subpoena or warrant in a paternity or  child
 3    support  proceeding  shall be punishable as in other cases of
 4    contempt.  In addition to other penalties provided by law the
 5    Court may, after finding the parent guilty of contempt, order
 6    that the parent be:
 7             (1)  placed on probation  with  such  conditions  of
 8        probation as the Court deems advisable;
 9             (2)  sentenced to periodic imprisonment for a period
10        not to exceed 6 months; provided, however, that the Court
11        may  permit the parent to be released for periods of time
12        during the day or night to:
13                  (A)  work; or
14                  (B)  conduct a business or other  self-employed
15             occupation.
16        The  Court  may  further  order  any  part  or all of the
17    earnings  of  a  parent  during  a   sentence   of   periodic
18    imprisonment paid to the Clerk of the Circuit Court or to the
19    parent  having  custody  or to the guardian having custody of
20    the minor children of the sentenced parent for the support of
21    said minor children until further order of the Court.
22        If there is a unity of interest and ownership  sufficient
23    to  render  no  financial  separation between a non-custodial
24    parent and another person or persons or business entity,  the
25    court  may  pierce the ownership veil of the person, persons,
26    or business entity to discover assets  of  the  non-custodial
27    parent  held  in  the  name of that person, those persons, or
28    that  business  entity.    The  following  circumstances  are
29    sufficient to authorize a court to  order  discovery  of  the
30    assets of a person, persons, or business entity and to compel
31    the  application  of  any discovered assets toward payment on
32    the judgment for support:
33             (1)  the  non-custodial  parent  and   the   person,
34        persons, or business entity maintain records together.
 
                            -151-              LRB9206548DJgc
 1             (2)  the   non-custodial   parent  and  the  person,
 2        persons, or business entity  fail  to  maintain  an  arms
 3        length relationship between themselves with regard to any
 4        assets.
 5             (3)  the  non-custodial  parent  transfers assets to
 6        the person, persons, or business entity with  the  intent
 7        to perpetrate a fraud on the custodial parent.
 8        With  respect to assets which are real property, no order
 9    entered under this paragraph shall affect the rights of  bona
10    fide  purchasers,  mortgagees,  judgment  creditors, or other
11    lien holders who  acquire their  interests  in  the  property
12    prior  to  the  time  a notice of lis pendens pursuant to the
13    Code of Civil Procedure or a copy of the order is  placed  of
14    record  in the office of the recorder of deeds for the county
15    in which the real property is located.
16        The court may also order in cases where the parent is  90
17    days  or  more  delinquent  in payment of support or has been
18    adjudicated  in  arrears  in  an  amount  equal  to  90  days
19    obligation or more, or has failed to comply with  a  subpoena
20    or  warrant  in a paternity or child support proceeding, that
21    the parent's Illinois driving privileges be  suspended  until
22    the  court  determines  that the parent is in compliance with
23    the order of support or subpoena or warrant.  The  court  may
24    also  order  that  the  parent  be  issued a family financial
25    responsibility  driving  permit  that  would  allow   limited
26    driving  privileges  for  employment  and medical purposes in
27    accordance with Section 7-702.1 of the Illinois Vehicle Code.
28    The clerk of  the  circuit  court  shall  certify  the  order
29    suspending  the  driving privileges of the parent or granting
30    the issuance of a  family  financial  responsibility  driving
31    permit  to  the Secretary of State on forms prescribed by the
32    Secretary. Upon receipt of the authenticated  documents,  the
33    Secretary   of  State  shall  suspend  the  parent's  driving
34    privileges until further order of the  court  and  shall,  if
 
                            -152-              LRB9206548DJgc
 1    ordered  by  the  court, subject to the provisions of Section
 2    7-702.1  of  the  Illinois  Vehicle  Code,  issue  a   family
 3    financial responsibility driving permit to the parent.
 4        In  addition  to  the penalties or punishment that may be
 5    imposed  under  this  Section,  any  person   whose   conduct
 6    constitutes  a  violation  of  Section  15 of the Non-Support
 7    Punishment Act may be prosecuted under that Act, and a person
 8    convicted under that Act may be sentenced in accordance  with
 9    that  Act.   The sentence may include but need not be limited
10    to a requirement that the person  perform  community  service
11    under  Section  50  of  that  Act  or  participate  in a work
12    alternative program under Section 50 of that Act.   A  person
13    may  not  be  required  to  participate in a work alternative
14    program under Section  50  of  that  Act  if  the  person  is
15    currently participating in a work program pursuant to Section
16    505.1 of this Act.
17        A  support  obligation,  or  any  portion  of  a  support
18    obligation,  which becomes due and remains unpaid for 30 days
19    or more shall accrue interest at the rate of 9% per annum.
20        (c)  A one-time charge  of  20%  is  imposable  upon  the
21    amount  of  past-due child support owed on July 1, 1988 which
22    has accrued under a support order entered by the court.   The
23    charge  shall be imposed in accordance with the provisions of
24    Section 10-21 of the Illinois Public Aid Code  and  shall  be
25    enforced  by  the  court  upon  petition.  On  and  after the
26    effective date of this amendatory Act  of  the  92nd  General
27    Assembly,  the Attorney General may collect, on behalf of the
28    Illinois Department of Public  Aid,  any  charge  imposed  in
29    accordance  with this subsection.  Nothing in this amendatory
30    Act of the 92nd General Assembly shall be construed to affect
31    the  validity  of  any  charge  imposed  in  accordance  this
32    subsection.
33        (d)  Any new or existing support  order  entered  by  the
34    court  under  this  Section shall be deemed to be a series of
 
                            -153-              LRB9206548DJgc
 1    judgments  against  the  person  obligated  to  pay   support
 2    thereunder,  each  such  judgment to be in the amount of each
 3    payment or installment of support and each such  judgment  to
 4    be deemed entered as of the date the corresponding payment or
 5    installment becomes due under the terms of the support order.
 6    Each  such  judgment  shall  have  the full force, effect and
 7    attributes of any other judgment of this State, including the
 8    ability to be enforced. A lien arises  by  operation  of  law
 9    against  the  real  and personal property of the noncustodial
10    parent for each installment of overdue support  owed  by  the
11    noncustodial parent.
12        (e)  When  child  support is to be paid through the clerk
13    of the court in a county of 1,000,000  inhabitants  or  less,
14    the  order  shall  direct the obligor to pay to the clerk, in
15    addition to the child support payments, all fees  imposed  by
16    the  county  board  under  paragraph (3) of subsection (u) of
17    Section 27.1 of the Clerks of Courts  Act.   Unless  paid  in
18    cash  or pursuant to an order for withholding, the payment of
19    the fee shall be by a separate instrument  from  the  support
20    payment and shall be made to the order of the Clerk.
21        (f)  All  orders  for  support, when entered or modified,
22    shall include a provision requiring the obligor to notify the
23    court and, in cases in which a party is receiving  child  and
24    spouse  services  under  Article X of the Illinois Public Aid
25    Code or under Sections 7.1  through  7.305  of  the  Attorney
26    General  Act,  the  Illinois Department of Public Aid (before
27    the effective date of this amendatory Act of the 92nd General
28    Assembly) or the Attorney General (on and after  that  date),
29    within  7  days,  (i)  of  the  name  and  address of any new
30    employer of the obligor, (ii) whether the obligor has  access
31    to  health  insurance  coverage through the employer or other
32    group coverage and, if so, the policy name and number and the
33    names of persons covered under the policy, and (iii)  of  any
34    new residential or mailing address or telephone number of the
 
                            -154-              LRB9206548DJgc
 1    non-custodial  parent.  In any subsequent action to enforce a
 2    support order, upon a  sufficient  showing  that  a  diligent
 3    effort  has  been  made  to  ascertain  the  location  of the
 4    non-custodial parent, service  of  process  or  provision  of
 5    notice  necessary  in  the case may be made at the last known
 6    address of the non-custodial parent in any  manner  expressly
 7    provided  by  the  Code of Civil Procedure or this Act, which
 8    service shall be sufficient for purposes of due process.
 9        (g)  An order for support shall include a date  on  which
10    the  current  support obligation terminates.  The termination
11    date shall be no earlier than the date  on  which  the  child
12    covered  by  the  order will attain the age of majority or is
13    otherwise emancipated. The order for support shall state that
14    the termination date does not apply to any arrearage that may
15    remain unpaid on that date.  Nothing in this subsection shall
16    be construed to prevent the court from modifying the order.
17        (h)  An order entered under this Section shall include  a
18    provision  requiring the obligor to report to the obligee and
19    to the clerk of court within 10 days each  time  the  obligor
20    obtains   new   employment,   and  each  time  the  obligor's
21    employment is terminated for any reason.  The report shall be
22    in writing and shall, in the case of new employment,  include
23    the  name and address of the new employer.  Failure to report
24    new employment or the termination of current  employment,  if
25    coupled  with nonpayment of support for a period in excess of
26    60 days, is indirect  criminal  contempt.   For  any  obligor
27    arrested  for  failure to report new employment bond shall be
28    set in the amount of the child support that should have  been
29    paid  during  the  period of unreported employment.  An order
30    entered under this Section shall  also  include  a  provision
31    requiring  the  obligor  and  obligee  parents to advise each
32    other of a change in residence within 5 days  of  the  change
33    except  when  the  court  finds that the physical, mental, or
34    emotional health of a party or that  of  a  minor  child,  or
 
                            -155-              LRB9206548DJgc
 1    both,  would  be  seriously  endangered  by disclosure of the
 2    party's address.
 3    (Source:  P.A.  90-18,  eff.  7-1-97;  90-476,  eff.  1-1-98;
 4    90-539, eff.  6-1-98;  90-655,  eff.  7-30-98;  90-733,  eff.
 5    8-11-98;  91-113,  eff. 7-15-99; 91-397, eff. 1-1-00; 91-655,
 6    eff. 6-1-00; 91-767, eff. 6-9-00; revised 6-28-00.)

 7        (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
 8        Sec.  505.1.   (a)  Whenever  it  is  determined   in   a
 9    proceeding  to  establish  or  enforce  a  child  support  or
10    maintenance  obligation  that  the  person  owing  a  duty of
11    support is unemployed, the court may order the person to seek
12    employment and report periodically to the court with a diary,
13    listing  or  other  memorandum  of  his  or  her  efforts  in
14    accordance with such order. Additionally, the court may order
15    the  unemployed  person  to  report  to  the  Department   of
16    Employment  Security  for  job  search  services  or  to make
17    application with  the  local  Job  Training  Partnership  Act
18    provider  for  participation  in job search, training or work
19    programs and where the duty of support is  owed  to  a  child
20    receiving  support  services  under Article X of the Illinois
21    Public Aid Code or Sections 7.1 through 7.305 of the Attorney
22    General Act, as amended, the court may order  the  unemployed
23    person to report to the Illinois Department of Human Services
24    Public  Aid for participation in job search, training or work
25    programs established under Section 9-6 and Article IXA of the
26    Illinois Public Aid that Code.
27        (b)  Whenever  it  is  determined  that  a  person   owes
28    past-due  support  for  a child or for a child and the parent
29    with whom the child is living, and  the  child  is  receiving
30    assistance  under  the  Illinois  Public  Aid Code, the court
31    shall order at the request  of  the  Illinois  Department  of
32    Public  Aid (before the effective date of this amendatory Act
33    of the 92nd General Assembly) or the Attorney General (on and
 
                            -156-              LRB9206548DJgc
 1    after that date):
 2             (1)  that the person pay  the  past-due  support  in
 3        accordance with a plan approved by the court; or
 4             (2)  if   the   person  owing  past-due  support  is
 5        unemployed, is  subject  to  such  a  plan,  and  is  not
 6        incapacitated,  that  the  person participate in such job
 7        search, training,  or  work  programs  established  under
 8        Section  9-6  and  Article IXA of the Illinois Public Aid
 9        Code as the court deems appropriate.
10    (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.)

11    t(750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
12        Sec. 505.2. Health insurance.
13        (a)  Definitions.  As used in this Section:
14             (1)  "Obligee" means the individual to whom the duty
15        of  support   is   owed   or   the   individual's   legal
16        representative.
17             (2)  "Obligor"  means the individual who owes a duty
18        of support pursuant to an order for support.
19             (3)  "Public office" means any elected  official  or
20        any  State  or  local  agency  which  is  or  may  become
21        responsible by law for enforcement of, or which is or may
22        become  authorized  to  enforce,  an  order  for support,
23        including, but not limited to:  the Attorney General, the
24        Illinois  Department  of   Public   Aid,   the   Illinois
25        Department  of Human Services, the Illinois Department of
26        Children and Family Services,  and  the  various  State's
27        Attorneys, Clerks of the Circuit Court and supervisors of
28        general assistance.
29        (b)  Order.
30             (1)  Whenever  the  court  establishes,  modifies or
31        enforces an order for child support or for child  support
32        and  maintenance  the  court shall include in the order a
33        provision for the health care coverage of the child which
 
                            -157-              LRB9206548DJgc
 1        shall, upon request of  the  obligee  or  Public  Office,
 2        require that any child covered by the order be named as a
 3        beneficiary   of   any  health  insurance  plan  that  is
 4        available to the obligor through  an  employer  or  labor
 5        union  or  trade  union.   If the court finds that such a
 6        plan is not available to the obligor, or that the plan is
 7        not accessible  to  the  obligee,  the  court  may,  upon
 8        request  of  the  obligee  or  Public  Office,  order the
 9        obligor to name the child  covered  by  the  order  as  a
10        beneficiary   of   any  health  insurance  plan  that  is
11        available to the obligor  on  a  group  basis,  or  as  a
12        beneficiary of an independent health insurance plan to be
13        obtained  by the obligor, after considering the following
14        factors:
15                  (A)  the medical needs of the child;
16                  (B)  the availability of a plan to  meet  those
17             needs; and
18                  (C)  the cost of such a plan to the obligor.
19             (2)  If  the  employer or labor union or trade union
20        offers more than one plan, the order  shall  require  the
21        obligor to name the child as a beneficiary of the plan in
22        which the obligor is enrolled.
23             (2.5)  If the obligor changes employment and the new
24        employer  provides  a  health  insurance plan, the Public
25        Office shall transfer notice of  the  order  to  the  new
26        employer.   The  notice shall operate to enroll the child
27        in the health insurance plan that  is  available  to  the
28        obligor unless the obligor contests the notice.
29             (3)  Nothing  in  this Section shall be construed to
30        limit the authority of the court to establish or modify a
31        support  order  to  provide  for  payment  of   expenses,
32        including  deductibles,  copayments  and any other health
33        expenses, which are in addition to expenses covered by an
34        insurance plan of which a child is ordered to be named  a
 
                            -158-              LRB9206548DJgc
 1        beneficiary pursuant to this Section.
 2        (c)  Implementation and enforcement.
 3             (1)  When  the  court  order  requires  that a minor
 4        child be named as a beneficiary  of  a  health  insurance
 5        plan,  other  than  a  health  insurance  plan  available
 6        through  an  employer  or labor union or trade union, the
 7        obligor shall provide written proof  to  the  obligee  or
 8        Public  Office  that  the  required  insurance  has  been
 9        obtained,  or  that application for insurability has been
10        made, within 30 days of receiving  notice  of  the  court
11        order.   Unless the obligor was present in court when the
12        order was issued, notice of  the  order  shall  be  given
13        pursuant  to Illinois Supreme Court Rules.  If an obligor
14        fails to provide the required proof, he may  be  held  in
15        contempt of court.
16             (2)  When  the  court requires that a minor child be
17        named  as  a  beneficiary  of  a  health  insurance  plan
18        available through an employer or  labor  union  or  trade
19        union,   the   court's  order  shall  be  implemented  in
20        accordance with the Income Withholding  for  Support  Act
21        Section 706.1, as now or hereafter amended.
22        (d)  Failure to maintain insurance.  The dollar amount of
23    the  premiums  for  court-ordered  health  insurance, or that
24    portion of the premiums for which the obligor is  responsible
25    in  the  case  of  insurance  provided  under  a group health
26    insurance plan through an employer or labor  union  or  trade
27    union where the employer or labor union or trade union pays a
28    portion  of  the  premiums, shall be considered an additional
29    child support obligation owed by the obligor.   Whenever  the
30    obligor   fails  to  provide  or  maintain  health  insurance
31    pursuant to an order for support, the obligor shall be liable
32    to the obligee for the dollar amount of  the  premiums  which
33    were  not  paid,  and  shall  also  be liable for all medical
34    expenses incurred by the minor child which  would  have  been
 
                            -159-              LRB9206548DJgc
 1    paid  or reimbursed by the health insurance which the obligor
 2    was ordered to provide or maintain. In addition, the  obligee
 3    may  petition  the  court to modify the order based solely on
 4    the obligor's failure to pay the premiums  for  court-ordered
 5    health insurance.
 6        (e)  Authorization  for  payment.  The  signature  of the
 7    obligee is a valid authorization to the insurer to process  a
 8    claim for payment under the insurance plan to the provider of
 9    the health care services or to the obligee.
10        (f)  Disclosure  of  information.  The obligor's employer
11    or labor union or trade union shall disclose to  the  obligee
12    or  Public  Office,  upon request, information concerning any
13    dependent coverage plans which would be made available  to  a
14    new  employee  or  labor  union member or trade union member.
15    The employer or labor union or  trade  union  shall  disclose
16    such  information  whether  or  not a court order for medical
17    support has been entered.
18        (g)  Employer obligations.  If a parent is required by an
19    order for support to provide coverage for  a  child's  health
20    care expenses and if that coverage is available to the parent
21    through  an  employer  who  does  business in this State, the
22    employer must do all of the following upon receipt of a  copy
23    of the order of support or order for withholding:
24             (1)  The  employer shall, upon the parent's request,
25        permit the parent to include in that coverage a child who
26        is otherwise eligible for that coverage,  without  regard
27        to   any   enrollment   season  restrictions  that  might
28        otherwise be applicable as  to  the  time  period  within
29        which the child may be added to that coverage.
30             (2)  If  the parent has health care coverage through
31        the employer but fails  to  apply  for  coverage  of  the
32        child,  the  employer  shall  include  the  child  in the
33        parent's coverage upon application by the  child's  other
34        parent or the Illinois Department of Public Aid.
 
                            -160-              LRB9206548DJgc
 1             (3)  The  employer  may not eliminate any child from
 2        the parent's health care coverage unless the employee  is
 3        no  longer employed by the employer and no longer covered
 4        under the employer's group  health  plan  or  unless  the
 5        employer  is  provided with satisfactory written evidence
 6        of either of the following:
 7                  (A)  The order for  support  is  no  longer  in
 8             effect.
 9                  (B)  The  child  is  or  will  be included in a
10             comparable health care plan obtained by  the  parent
11             under such order that is currently in effect or will
12             take  effect  no  later  than  the  date  the  prior
13             coverage is terminated.
14             The  employer  may eliminate a child from a parent's
15        health care plan obtained by the parent under such  order
16        if  the  employer  has  eliminated  dependent health care
17        coverage for all of its employees.
18    (Source: P.A.  89-183,  eff.  1-1-96;  89-507,  eff.  7-1-97;
19    89-626, eff. 8-9-96; 90-18, eff. 7-1-97; revised 3-9-00.)

20        (750 ILCS 5/505.3)
21        Sec. 505.3.  Information to State Case Registry.
22        (a)  When an order for support  is  entered  or  modified
23    under  this Act, the clerk of the circuit court shall, within
24    5  business  days,  provide  to  the  State   Case   Registry
25    established under Section 7.305 10-27 of the Attorney General
26    Act  Illinois  Public  Aid  Code  the court docket number and
27    county in which the order is  entered  or  modified  and  the
28    following  information,  which  the parties shall disclose to
29    the court:
30             (1)  The names of the  custodial  and  non-custodial
31        parents  and  of  the  child  or  children covered by the
32        order.
33             (2)  The  dates  of  birth  of  the  custodial   and
 
                            -161-              LRB9206548DJgc
 1        non-custodial  parents  and  of  the  child  or  children
 2        covered by the order.
 3             (3)  The  social  security  numbers of the custodial
 4        and non-custodial parents and of the  child  or  children
 5        covered by the order.
 6             (4)  The  residential  and mailing addresses for the
 7        custodial and non-custodial parents.
 8             (5)  The telephone numbers  for  the  custodial  and
 9        non-custodial parents.
10             (6)  The  driver's license numbers for the custodial
11        and non-custodial parents.
12             (7)  The name, address, and telephone number of each
13        parent's employer or employers.
14        (b)  When a child support order is  entered  or  modified
15    for  a  case  in  which a party is receiving child and spouse
16    support services under Article X of the Illinois  Public  Aid
17    Code (before the effective date of this amendatory Act of the
18    92nd General Assembly) or under Sections 7.1 through 7.305 of
19    the  Attorney General Act (on and after that date), the clerk
20    shall provide the State  Case  Registry  with  the  following
21    information:
22             (1)  The  information specified in subsection (a) of
23        this Section.
24             (2)  The amount of monthly or other periodic support
25        owed  under  the  order  and  other  amounts,   including
26        arrearages, interest, or late payment penalties and fees,
27        due or overdue under the order.
28             (3)  Any  amounts  described  in  subdivision (2) of
29        this subsection (b) that have been received by the clerk.
30             (4)  The distribution of the amounts received by the
31        clerk.
32        (c)  A party shall report to the  clerk  of  the  circuit
33    court  changes  in  information  required to be the disclosed
34    under this Section  within 5 business days of the change.
 
                            -162-              LRB9206548DJgc
 1        (d)  To the extent that updated  information  is  in  the
 2    clerk's  possession,  the  clerk shall provide updates of the
 3    information specified  in  subsection  (b)  of  this  Section
 4    within  5  business  days  after  the  Illinois Department of
 5    Public Aid's or Attorney General's request for  that  updated
 6    information.
 7    (Source: P.A. 91-212, eff. 7-20-99; revised 1-16-01.)

 8        (750 ILCS 5/506) (from Ch. 40, par. 506)
 9        Sec. 506.  Representation of child.
10        (a)  Duties.   In  any proceedings involving the support,
11    custody, visitation, education, parentage, property interest,
12    or general welfare of a minor or dependent child,  the  court
13    may,  on  its own motion or that of any party, and subject to
14    the terms or specifications the court determines, appoint  an
15    attorney to serve in one of the following capacities:
16             (1)  as an attorney to represent the child;
17             (2)  as  a  guardian  ad litem to address issues the
18        court delineates;
19             (3)  as a child's representative whose duty shall be
20        to advocate what the representative finds to  be  in  the
21        best interests of the child after reviewing the facts and
22        circumstances  of  the  case.  The child's representative
23        shall have the same power and authority to take  part  in
24        the  conduct  of the litigation as does an attorney for a
25        party and shall possess all the powers  of  investigation
26        and  recommendation  as  does  a  guardian ad litem.  The
27        child's representative shall consider, but not  be  bound
28        by,  the  expressed  wishes  of  the  child.   A  child's
29        representative  shall  have  received  training  in child
30        advocacy or shall possess such experience  as  determined
31        to  be  equivalent to such training by the chief judge of
32        the circuit where the  child's  representative  has  been
33        appointed.  The child's representative shall not disclose
 
                            -163-              LRB9206548DJgc
 1        confidential communications made by the child, except  as
 2        required  by law or by the Rules of Professional Conduct.
 3        The child's representative  shall  not  be  called  as  a
 4        witness   regarding   the   issues   set  forth  in  this
 5        subsection.
 6        During  the  proceedings  the  court   may   appoint   an
 7    additional  attorney  to  serve  in another of the capacities
 8    described in subdivisions (a)(1), (a)(2), or  (a)(3)  on  its
 9    own  motion  or that of a party only for good cause shown and
10    when the reasons for the additional appointment are set forth
11    in specific findings.
12        (b)  Fees and costs.  The court shall enter an  order  as
13    appropriate  for  costs, fees, and disbursements, including a
14    retainer, when the attorney, guardian ad  litem,  or  child's
15    representative  is  appointed,  and  thereafter as necessary.
16    Such orders shall require payment by either or both  parents,
17    by  any  other party or source, or from the marital estate or
18    the child's separate estate. The court may not order  payment
19    (i)  by  the  Illinois  Department  of Public Aid in cases in
20    which the Department is providing child  and  spouse  support
21    services  under  Article X of the Illinois Public Aid Code or
22    (ii) by the Attorney General in cases in which  the  Attorney
23    General  is providing child and spouse support services under
24    Sections 7.1 through  7.305  of  the  Attorney  General  Act.
25    Unless  otherwise  ordered  by the court at the time fees and
26    costs  are  approved,  all  fees  and  costs  payable  to  an
27    attorney, guardian ad litem, or child's representative  under
28    this Section are by implication deemed to be in the nature of
29    support  of  the  child  and  are  within  the  exceptions to
30    discharge  in  bankruptcy  under  11   U.S.C.A.   523.    The
31    provisions of Sections 501 and 508 of this Act shall apply to
32    fees and costs for attorneys appointed under this Section.
33    (Source: P.A. 90-309, eff. 1-1-98; 91-410, eff. 1-1-00.)
 
                            -164-              LRB9206548DJgc
 1        (750 ILCS 5/507) (from Ch. 40, par. 507)
 2        Sec. 507.  Payment of maintenance or support to court.
 3        (a)  In  actions  instituted  under  this  Act, the court
 4    shall order that maintenance and support payments be made  to
 5    the  clerk  of  court as trustee for remittance to the person
 6    entitled to receive the payments.  However, the court in  its
 7    discretion   may  direct  otherwise  where  circumstances  so
 8    warrant.
 9        Upon   notification   in   writing   or   by   electronic
10    transmission from  the  Illinois  Department  of  Public  Aid
11    (before the effective date of this amendatory Act of the 92nd
12    General  Assembly) or the Attorney General (on and after that
13    date) to the  clerk  of  the  court  that  a  person  who  is
14    receiving  support  payments  under this Section is receiving
15    services  under  the  Child   Support   Enforcement   Program
16    established  by  Title  IV-D  of the Social Security Act, any
17    support payments subsequently received by the  clerk  of  the
18    court   shall   be   transmitted   in   accordance  with  the
19    instructions of the Illinois Department of Public Aid or  the
20    Attorney General until the Department or the Attorney General
21    gives  notice  to  the  clerk  of  the  court  to  cease  the
22    transmittal.    After  providing  the notification authorized
23    under this paragraph, the Illinois Department of  Public  Aid
24    (before the effective date of this amendatory Act of the 92nd
25    General  Assembly) or the Attorney General (on and after that
26    date) shall be entitled as a party to notice of  any  further
27    proceedings in the case.  The clerk of the court shall file a
28    copy  of  the Illinois Department of Public Aid's or Attorney
29    General's notification in the court file.  The failure of the
30    clerk to file a copy of the notification in  the  court  file
31    shall  not, however, affect the Illinois Department of Public
32    Aid's or  Attorney  General's  right  to  receive  notice  of
33    further proceedings.
34        (b)  The  clerk  of  court shall maintain records listing
 
                            -165-              LRB9206548DJgc
 1    the amount of payments, the date payments are required to  be
 2    made  and  the names and addresses of the parties affected by
 3    the order. For those cases in which support is payable to the
 4    clerk of the circuit court for transmittal  to  the  Illinois
 5    Department  of  Public  Aid  by  order  of  the court or upon
 6    notification of the Illinois Department of Public Aid or  the
 7    Attorney  General,  and the Illinois Department of Public Aid
 8    or the  Attorney  General  collects  support  by  assignment,
 9    offset,  withholding, deduction or other process permitted by
10    law, the Illinois Department or the Attorney General, as  the
11    case may be, shall notify the clerk of the date and amount of
12    such  collection.  Upon  notification, the clerk shall record
13    the collection on the payment record for the case.
14        (c)  The parties affected by the order shall  inform  the
15    clerk of court of any change of address or of other condition
16    that may affect the administration of the order.
17        (d)  The  provisions  of  this Section shall not apply to
18    cases that come under the provisions of Sections 709  through
19    712.
20        (e)  To  the  extent  the  provisions of this Section are
21    inconsistent with the requirements pertaining  to  the  State
22    Disbursement Unit under Section 507.1 of this Act and Section
23    10-26  of  the  Illinois  Public  Aid  Code, the requirements
24    pertaining to the State Disbursement Unit shall apply.
25    (Source:  P.A.  90-18,  eff.  7-1-97;  90-673,  eff.  1-1-99;
26    90-790, eff. 8-14-98;  91-212,  eff.  7-20-99;  91-357,  eff.
27    7-29-99.)

28        (750 ILCS 5/507.1)
29        Sec.  507.1.  Payment  of  Support  to State Disbursement
30    Unit.
31        (a)  As used in this Section:
32        "Order for support", "obligor",  "obligee",  and  "payor"
33    mean  those  terms  as  defined in the Income Withholding for
 
                            -166-              LRB9206548DJgc
 1    Support Act, except that "order for support" shall  not  mean
 2    orders providing for spousal maintenance under which there is
 3    no child support obligation.
 4        (b)  Notwithstanding  any  other provision of this Act to
 5    the contrary, each order for support entered or  modified  on
 6    or  after October 1, 1999 shall require that support payments
 7    be made to the  State  Disbursement  Unit  established  under
 8    Section  7.295  10-26  of  the Attorney General  Act Illinois
 9    Public Aid Code if:
10             (1)  a party to the order  is  receiving  child  and
11        spouse  support  services under Article X of the Illinois
12        Public Aid Code or Sections  7.1  through  7.305  of  the
13        Attorney General Act; or
14             (2)  no  party  to  the order is receiving child and
15        spouse support services, but  the  support  payments  are
16        made through income withholding.
17        (c)  Support   payments   shall  be  made  to  the  State
18    Disbursement Unit if:
19             (1)  the  order  for  support  was  entered   before
20        October  1,  1999,  and a party to the order is receiving
21        child and spouse support services under Article X of  the
22        Illinois Public Aid Code or Sections 7.1 through 7.305 of
23        the Attorney General Act; or
24             (2)  no  party  to  the order is receiving child and
25        spouse support services, and  the  support  payments  are
26        being made through income withholding.
27        (c-5)  If  no  party  to the order is receiving child and
28    spouse support services  under  Article  X  of  the  Illinois
29    Public Aid Code or Sections 7.1 through 7.305 of the Attorney
30    General  Act,  and  the support payments are not made through
31    income withholding, then support payments shall  be  made  as
32    directed by the order for support.
33        (c-10)  Within  15  days after the effective date of this
34    amendatory Act of the 91st  General  Assembly,  the  Illinois
 
                            -167-              LRB9206548DJgc
 1    Department  shall  provide written notice to the clerk of the
 2    circuit  court,  the  obligor,  and,  where  applicable,  the
 3    obligor's payor to make payments to  the  State  Disbursement
 4    Unit if:
 5             (1)  the   order  for  support  was  entered  before
 6        October 1, 1999, and a party to the  order  is  receiving
 7        child  and spouse support services under Article X of the
 8        Illinois Public Aid Code; or
 9             (2)  no party to the order is  receiving  child  and
10        spouse  support  services,  and  the support payments are
11        being made through income withholding.
12        (c-15)  Within 15 days after the effective date  of  this
13    amendatory Act of the 91st General Assembly, the clerk of the
14    circuit  court shall provide written notice to the obligor to
15    make payments directly to the clerk of the circuit  court  if
16    no  party  to the order is receiving child and spouse support
17    services under Article X of the Illinois Public Aid Code, the
18    support payments are not made through income withholding, and
19    the order for support requires support payments  to  be  made
20    directly to the clerk of the circuit court.
21        (c-20)  If the State Disbursement Unit receives a support
22    payment  that  was  not  appropriately made to the Unit under
23    this Section, the Unit shall immediately return  the  payment
24    to the sender, including, if possible, instructions detailing
25    where to send the support payment.
26        (d)  The  notices  required  under subsections (c-10) and
27    (c-15) may be sent by ordinary mail, certified  mail,  return
28    receipt   requested,   facsimile   transmission,   or   other
29    electronic  process,  or  may  be  served upon the obligor or
30    payor using any method provided  by  law  for  service  of  a
31    summons.  The Illinois Department of Public Aid shall provide
32    a  copy  of the notice to the obligee and to the clerk of the
33    court.
34    (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
 
                            -168-              LRB9206548DJgc
 1        (750 ILCS 5/510) (from Ch. 40, par. 510)
 2        Sec. 510.  Modification and termination of provisions for
 3    maintenance,  support,  educational  expenses,  and  property
 4    disposition.
 5        (a)  Except as otherwise provided  in  paragraph  (f)  of
 6    Section  502  and  in  subsection  (d), clause (3) of Section
 7    505.2, the provisions of any judgment respecting  maintenance
 8    or  support  may be modified only as to installments accruing
 9    subsequent to due notice by the moving party of the filing of
10    the motion for modification and, with respect to maintenance,
11    only upon a showing of a substantial change in circumstances.
12    An order for child support may be modified as follows:
13             (1)  upon a  showing  of  a  substantial  change  in
14        circumstances; and
15             (2)  without  the necessity of showing a substantial
16        change in circumstances, as follows:
17                  (A)  upon a showing of an inconsistency  of  at
18             least  20%,  but no less than $10 per month, between
19             the amount of the existing order and the  amount  of
20             child  support  that results from application of the
21             guidelines specified in  Section  505  of  this  Act
22             unless the inconsistency is due to the fact that the
23             amount   of  the  existing  order  resulted  from  a
24             deviation from the guideline amount  and  there  has
25             not been a change in the circumstances that resulted
26             in that deviation; or
27                  (B)  Upon  a  showing  of a need to provide for
28             the health care needs of the child under  the  order
29             through  health  insurance  or  other  means.  In no
30             event  shall  the  eligibility  for  or  receipt  of
31             medical assistance be considered to meet the need to
32             provide for the child's health care needs.
33        The provisions of subparagraph (a)(2)(A) shall apply only
34    in cases in which a  party  is  receiving  child  and  spouse
 
                            -169-              LRB9206548DJgc
 1    support  services  from the Illinois Department of Public Aid
 2    under Article X of the Illinois Public Aid Code or  from  the
 3    Attorney  General  under  Sections  7.1  through 7.305 of the
 4    Attorney General Act, and only when at least 36  months  have
 5    elapsed since the order for child support was entered or last
 6    modified.
 7        (b)  The provisions as to property disposition may not be
 8    revoked  or modified, unless the court finds the existence of
 9    conditions that justify the reopening of a judgment under the
10    laws of this State.
11        (c)  Unless otherwise agreed by the parties in a  written
12    agreement  set forth in the judgment or otherwise approved by
13    the court,  the  obligation  to  pay  future  maintenance  is
14    terminated  upon the death of either party, or the remarriage
15    of the party receiving maintenance, or if the party receiving
16    maintenance cohabits  with  another  person  on  a  resident,
17    continuing conjugal basis.
18        (d)  Unless  otherwise  agreed  in  writing  or expressly
19    provided in a judgment, provisions for the support of a child
20    are terminated  by  emancipation  of  the  child,  except  as
21    otherwise  provided  herein, but not by the death of a parent
22    obligated to  support  or  educate  the  child.  An  existing
23    obligation  to  pay  for  support or educational expenses, or
24    both, is not terminated by the death of  a  parent.   When  a
25    parent  obligated  to pay support or educational expenses, or
26    both, dies, the amount of support or educational expenses, or
27    both, may be enforced, modified, revoked  or  commuted  to  a
28    lump   sum   payment,   as   equity  may  require,  and  that
29    determination  may  be  provided  for  at  the  time  of  the
30    dissolution of the marriage or thereafter.
31        (e)  The right to petition  for  support  or  educational
32    expenses,  or  both,  under  Sections  505  and  513  is  not
33    extinguished by the death of a parent.  Upon a petition filed
34    before or after a parent's death, the court may award sums of
 
                            -170-              LRB9206548DJgc
 1    money out of the decedent's estate for the child's support or
 2    educational  expenses,  or  both, as equity may require.  The
 3    time within which a claim may be filed against the estate  of
 4    a  decedent under Sections 505 and 513 and subsection (d) and
 5    this subsection shall be governed by the  provisions  of  the
 6    Probate Act of 1975, as a barrable, noncontingent claim.
 7    (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.)

 8        (750 ILCS 5/516) (from Ch. 40, par. 516)
 9        Sec. 516.  Public Aid Collection fee.
10        (a)  In all cases instituted before the effective date of
11    this  amendatory  Act  of  the  92nd  General Assembly by the
12    Illinois Department of Public Aid on behalf  of  a  child  or
13    spouse,  other  than  one  receiving a grant of financial aid
14    under Article IV of The Illinois Public Aid  Code,  on  whose
15    behalf  an application has been made and approved for support
16    services as provided by Section 10-1 of that Code, the  court
17    shall  impose  a  collection fee on the individual who owes a
18    child or spouse support obligation in an amount equal to  10%
19    of  the amount so owed as long as such collection is required
20    by federal law, which fee shall be in addition to the support
21    obligation.   The  imposition  of  such  fee  shall   be   in
22    accordance with provisions of Title IV, Part D, of the Social
23    Security  Act  and  regulations  duly promulgated thereunder.
24    The fee shall be payable to the clerk of  the  circuit  court
25    for  transmittal to the Illinois Department of Public Aid and
26    shall continue until support services are terminated by  that
27    Department, except as otherwise provided in this subsection.
28        If  a collection fee is imposed under this subsection and
29    if, on or after the effective date of this amendatory Act  of
30    the  92nd  General  Assembly,  the  child  or spouse receives
31    support services under Section 7.5 of  the  Attorney  General
32    Act,  the  fee  shall  be payable to the clerk of the circuit
33    court for transmittal  to  the  Attorney  General  and  shall
 
                            -171-              LRB9206548DJgc
 1    continue   until  support  services  are  terminated  by  the
 2    Attorney General.  Nothing in this amendatory Act of the 92nd
 3    General Assembly shall be construed to affect the validity of
 4    any collection fee  imposed  in  accordance  with  the  first
 5    paragraph of this subsection.
 6        (b)  In  all  cases  instituted on or after the effective
 7    date of this amendatory Act of the 92nd General  Assembly  by
 8    the  Attorney  General  on behalf of a child or spouse, other
 9    than one receiving a grant of financial aid under Article  IV
10    of   the  Illinois  Public  Aid  Code,  on  whose  behalf  an
11    application has been made and approved for  support  services
12    as  provided  by Section 7.5 of the Attorney General Act, the
13    court shall impose a collection fee  on  the  individual  who
14    owes  a child or spouse support obligation in an amount equal
15    to 10% of the amount so owed as long as  such  collection  is
16    required  by  federal  law, which fee shall be in addition to
17    the support obligation.  The imposition of such fee shall  be
18    in  accordance  with  provisions  of Title IV, Part D, of the
19    Social  Security  Act  and   regulations   duly   promulgated
20    thereunder.    The  fee  shall be payable to the clerk of the
21    circuit court for transmittal to  the  Attorney  General  and
22    shall  continue  until support services are terminated by the
23    Attorney General.
24    (Source: P.A. 82-979.)

25        (750 ILCS 5/705) (from Ch. 40, par. 705)
26        Sec. 705.  Support payments;   receiving  and  disbursing
27    agents.
28        (1)  The  provisions  of this Section shall apply, except
29    as provided in Sections 709 through 712.
30        (2)  In a dissolution  of  marriage  action  filed  in  a
31    county of less than 3 million population in which an order or
32    judgment  for  child support is entered, and in supplementary
33    proceedings in any such county to enforce or vary  the  terms
 
                            -172-              LRB9206548DJgc
 1    of  such  order  or  judgment  arising  out  of an action for
 2    dissolution of marriage filed  in  such  county,  the  court,
 3    except  as  it otherwise orders, under subsection (4) of this
 4    Section, may direct that child support payments  be  made  to
 5    the clerk of the court.
 6        (3)  In  a  dissolution  of  marriage action filed in any
 7    county of 3 million or more population in which an  order  or
 8    judgment  for  child support is entered, and in supplementary
 9    proceedings in any such county to enforce or vary  the  terms
10    of  such  order  or  judgment  arising  out  of an action for
11    dissolution of marriage filed  in  such  county,  the  court,
12    except  as  it  otherwise orders under subsection (4) of this
13    Section, may direct  that  child  support  payments  be  made
14    either  to  the  clerk  of  the court or to the Court Service
15    Division of the County Department of Public Aid.   After  the
16    effective date of this Act, the court, except as it otherwise
17    orders  under subsection (4) of this Section, may direct that
18    child support payments be made either to  the  clerk  of  the
19    court,    the Attorney General, or to the Illinois Department
20    of Public Aid.
21        (4)  In a dissolution of marriage action or supplementary
22    proceedings involving maintenance or child support  payments,
23    or  both,  to  persons  who  are  recipients of aid under the
24    Illinois Public Aid Code, the court shall  direct  that  such
25    payments  be  made  to  (a)  the  Attorney  General  Illinois
26    Department  of Public Aid if the persons are recipients under
27    Articles III, IV,  or  V  of  the  Code,  or  (b)  the  local
28    governmental  unit  responsible for their support if they are
29    recipients  under  Articles  VI  or  VII  of  the  Code.   In
30    accordance  with  federal  law  and regulations, the Illinois
31    Department of Public Aid or the Attorney General may continue
32    to collect current  maintenance  payments  or  child  support
33    payments,  or  both,  after  those  persons  cease to receive
34    public assistance and until  termination  of  services  under
 
                            -173-              LRB9206548DJgc
 1    Article  X  of the Illinois Public Aid Code or under Sections
 2    7.1 through 7.305 of the Attorney General Act.  The  Illinois
 3    Department  of  Public  Aid or the Attorney General shall pay
 4    the net amount collected to those persons after deducting any
 5    costs incurred in making the collection or any collection fee
 6    from the amount of any recovery made.  The order shall permit
 7    the Illinois  Department  of  Public  Aid,  or  the  Attorney
 8    General,  or the local governmental unit, as the case may be,
 9    to direct that  payments  be  made  directly  to  the  former
10    spouse, the children, or both, or to some person or agency in
11    their  behalf,  upon removal of the former spouse or children
12    from the public aid rolls or  upon  termination  of  services
13    under  Article  X  of  the  Illinois Public Aid Code or under
14    Sections 7.1 through 7.305 of the Attorney General  Act;  and
15    upon   such  direction,  the  Illinois  Department,  Attorney
16    General,  or local governmental unit, as the  case  requires,
17    shall  give  notice of such action to the court in writing or
18    by electronic transmission.
19        (5)  All clerks  of  the  court  and  the  Court  Service
20    Division  of a County Department of Public Aid and, after the
21    effective date of this Act, all  clerks  of  the  court,  the
22    Attorney  General, and the Illinois Department of Public Aid,
23    receiving child support payments under  subsections  (2)  and
24    (3) of this Section shall disburse the payments to the person
25    or  persons  entitled thereto under the terms of the order or
26    judgment.  They shall establish and maintain current  records
27    of  all  moneys  received  and  disbursed and of defaults and
28    delinquencies in required payments. The court,  by  order  or
29    rule,  shall  make  provision  for  the carrying out of these
30    duties.
31        Upon   notification   in   writing   or   by   electronic
32    transmission from  the  Illinois  Department  of  Public  Aid
33    (before the effective date of this amendatory Act of the 92nd
34    General  Assembly) or the Attorney General (on and after that
 
                            -174-              LRB9206548DJgc
 1    date) to the  clerk  of  the  court  that  a  person  who  is
 2    receiving  support  payments  under this Section is receiving
 3    services  under  the  Child   Support   Enforcement   Program
 4    established  by  Title  IV-D  of the Social Security Act, any
 5    support payments subsequently received by the  clerk  of  the
 6    court   shall   be   transmitted   in   accordance  with  the
 7    instructions of the Illinois Department of Public Aid or  the
 8    Attorney General until the Department or the Attorney General
 9    gives  notice  to  the  clerk  of  the  court  to  cease  the
10    transmittal.  After  providing  the  notification  authorized
11    under  this  paragraph, the Illinois Department of Public Aid
12    (before the effective date of this amendatory Act of the 92nd
13    General Assembly) or the Attorney General (on and after  that
14    date)  shall  be entitled as a party to notice of any further
15    proceedings in the case.  The clerk of the court shall file a
16    copy of the Illinois Department of Public Aid's  or  Attorney
17    General's notification in the court file.  The failure of the
18    clerk  to  file  a copy of the notification in the court file
19    shall not, however, affect the Illinois Department of  Public
20    Aid's  or  Attorney  General's  right  to  receive  notice of
21    further proceedings.
22        Payments under this Section to the Illinois Department of
23    Public Aid or the Attorney  General  pursuant  to  the  Child
24    Support  Enforcement Program established by Title IV-D of the
25    Social Security Act shall be  paid  into  the  Child  Support
26    Enforcement  Trust  Fund.  All payments under this Section to
27    the Illinois Department of Human Services shall be  deposited
28    in  the  DHS  Recoveries Trust Fund. Disbursements from these
29    funds shall be as provided in the Illinois Public  Aid  Code.
30    Payments  received  by  a  local  governmental  unit shall be
31    deposited in that unit's General Assistance Fund.  Any  order
32    of  court  directing  payment  of child support to a clerk of
33    court or the Court Service Division of a County Department of
34    Public Aid, which order has been entered on or  after  August
 
                            -175-              LRB9206548DJgc
 1    14, 1961, and prior to the effective date of this Act, may be
 2    amended  by  the  court  in  line  with  this Act; and orders
 3    involving  payments  of  maintenance  or  child  support   to
 4    recipients  of  public  aid  may in like manner be amended to
 5    conform to this Act.
 6        (6)  No filing fee or  costs  will  be  required  in  any
 7    action  brought  at the request of the Illinois Department of
 8    Public Aid or the Attorney General in  any  proceeding  under
 9    this Act.  However, any such fees or costs may be assessed by
10    the  court  against  the  respondent  in the court's order of
11    support or any modification thereof  in  a  proceeding  under
12    this Act.
13        (7)  For those cases in which child support is payable to
14    the  clerk  of  the  circuit  court  for  transmittal  to the
15    Illinois Department of Public Aid or the Attorney General  by
16    order   of   court  or  upon  notification  by  the  Illinois
17    Department of Public Aid or the Attorney General,  the  clerk
18    shall  transmit  all  such payments, within 4 working days of
19    receipt, to  ensure  insure  that  funds  are  available  for
20    immediate  distribution  by  the  Department  or the Attorney
21    General  to  the  person  or  entity  entitled   thereto   in
22    accordance  with  standards  of the Child Support Enforcement
23    Program established under Title IV-D of the  Social  Security
24    Act.   The  clerk shall notify the Department or the Attorney
25    General of the date of receipt and amount thereof at the time
26    of  transmittal.   Where  the  clerk  has  entered  into   an
27    agreement  of cooperation with the Department or the Attorney
28    General to record the  terms  of  child  support  orders  and
29    payments  made  thereunder  directly  into  the IV-D Agency's
30    Department's automated  data  processing  system,  the  clerk
31    shall  account  for,  transmit and otherwise distribute child
32    support payments in accordance with such agreement in lieu of
33    the requirements contained herein.
34        In any action filed in a  county  with  a  population  of
 
                            -176-              LRB9206548DJgc
 1    1,000,000  or  less,  the  court  shall  assess  against  the
 2    respondent  in  any order of maintenance or child support any
 3    sum up to $36 annually authorized by ordinance of the  county
 4    board  to be collected by the clerk of the court as costs for
 5    administering the collection and disbursement of  maintenance
 6    and child support payments.  Such sum shall be in addition to
 7    and  separate  from amounts ordered to be paid as maintenance
 8    or child support.
 9        (8)  To the extent the provisions  of  this  Section  are
10    inconsistent  with  the  requirements pertaining to the State
11    Disbursement Unit under Section 507.1 of this Act and Section
12    10-26 of the  Illinois  Public  Aid  Code,  the  requirements
13    pertaining to the State Disbursement Unit shall apply.
14    (Source:  P.A.  90-18,  eff.  7-1-97;  90-673,  eff.  1-1-99;
15    90-790,  eff.  8-14-98;  91-24,  eff.  7-1-99;  91-212,  eff.
16    7-20-99; 91-357, eff. 7-29-99; revised 8-31-99.)

17        (750 ILCS 5/709) (from Ch. 40, par. 709)
18        Sec. 709.  Mandatory child support payments to clerk.
19        (a)  As  of January 1, 1982, child support orders entered
20    in any county  covered  by  this  subsection  shall  be  made
21    pursuant  to  the  provisions  of Sections 709 through 712 of
22    this Act.  For purposes of these Sections,  the  term  "child
23    support  payment"  or  "payment"  shall  include  any payment
24    ordered to be made solely for the purpose of the support of a
25    child or children or any payment ordered for general  support
26    which  includes  any  amount  for  support  of  any  child or
27    children.
28        The provisions of  Sections  709  through  712  shall  be
29    applicable  to  any  county with a population of 2 million or
30    more and to any other county which notifies the Supreme Court
31    of its desire to be included within  the  coverage  of  these
32    Sections and is certified pursuant to Supreme Court Rules.
33        The  effective  date  of  inclusion,  however,  shall  be
 
                            -177-              LRB9206548DJgc
 1    subject  to  approval of the application for reimbursement of
 2    the costs of the support program by the Department of  Public
 3    Aid  (before the effective date of this amendatory Act of the
 4    92nd General Assembly) or the Attorney General (on and  after
 5    that date) as provided in Section 712.
 6        (b)  In  any  proceeding  for  a dissolution of marriage,
 7    legal separation, or declaration of invalidity  of  marriage,
 8    or  in  any  supplementary proceedings in which a judgment or
 9    modification thereof for the  payment  of  child  support  is
10    entered on or after January 1, 1982, in any county covered by
11    Sections  709 through 712, and the person entitled to payment
12    is receiving a grant of financial aid under Article IV of the
13    Illinois Public Aid Code or has  applied  and  qualified  for
14    support  services  under  Section  10-1 of that Code or under
15    Section 7.5 of the Attorney  General  Act,  the  court  shall
16    direct:   (1)  that such payments be made to the clerk of the
17    court and (2) that the parties affected shall each thereafter
18    notify the clerk of any change of address or change in  other
19    conditions  that  may affect the administration of the order,
20    including the fact that a party who  was  previously  not  on
21    public  aid  has  become a recipient of public aid, within 10
22    days of such change.  All notices sent to the obligor's  last
23    known  address  on  file  with  the  clerk  shall  be  deemed
24    sufficient  to  proceed  with  enforcement  pursuant  to  the
25    provisions of Sections 709 through 712.
26        In all other cases, the court may direct that payments be
27    made to the clerk of the court.
28        (c)  Except   as  provided  in  subsection  (d)  of  this
29    Section, the clerk shall disburse the payments to the  person
30    or  persons  entitled thereto under the terms of the order or
31    judgment.
32        (d)  The court shall determine, prior to the entry of the
33    support order, if the party who is to receive the support  is
34    presently  receiving  public aid or has a current application
 
                            -178-              LRB9206548DJgc
 1    for public aid pending and shall enter  the  finding  on  the
 2    record.
 3        If  the  person entitled to payment is a recipient of aid
 4    under the Illinois Public Aid Code,  the  clerk,  upon  being
 5    informed   of   this   fact  by  finding  of  the  court,  by
 6    notification  by  the  party  entitled  to  payment,  by  the
 7    Illinois Department of Public Aid, by the  Attorney  General,
 8    or  by  the  local governmental unit, shall make all payments
 9    to:  (1) the Attorney General Illinois Department  of  Public
10    Aid  if the person is a recipient under Article III, IV, or V
11    of the Code or (2) the local  governmental  unit  responsible
12    for  his  or  her  support if the person is a recipient under
13    Article VI or VII of the Code. In accordance with federal law
14    and regulations, the Illinois Department of  Public  Aid  may
15    continue  to  collect  current  maintenance payments or child
16    support payments, or  both,  after  those  persons  cease  to
17    receive  public  assistance and until termination of services
18    under Article X of the Illinois  Public  Aid  Code  or  under
19    Sections  7.1 through 7.305 of the Attorney General Act.  The
20    Illinois Department of Public Aid  or  the  Attorney  General
21    shall  pay  the  net  amount collected to those persons after
22    deducting any costs incurred in making the collection or  any
23    collection  fee  from  the  amount of any recovery made. Upon
24    termination of public aid payments to  such  a  recipient  or
25    termination  of  services  under  Article  X  of the Illinois
26    Public Aid Code or under Sections 7.1 through  7.305  of  the
27    Attorney  General Act, the Illinois Department of Public Aid,
28    the Attorney General, or the appropriate  local  governmental
29    unit  shall  notify  the  clerk  in  writing or by electronic
30    transmission that all subsequent  payments  are  to  be  sent
31    directly to the person entitled thereto.
32        Upon   notification   in   writing   or   by   electronic
33    transmission  from  the  Illinois  Department  of  Public Aid
34    (before the effective date of this amendatory Act of the 92nd
 
                            -179-              LRB9206548DJgc
 1    General Assembly) or the Attorney General (on and after  that
 2    date)  to  the  clerk  of  the  court  that  a  person who is
 3    receiving support payments under this  Section  is  receiving
 4    services   under   the   Child  Support  Enforcement  Program
 5    established by Title IV-D of the  Social  Security  Act,  any
 6    support  payments  subsequently  received by the clerk of the
 7    court  shall  be   transmitted   in   accordance   with   the
 8    instructions  of the Illinois Department of Public Aid or the
 9    Attorney General until the Department or the Attorney General
10    gives  notice  to  the  clerk  of  the  court  to  cease  the
11    transmittal.  After  providing  the  notification  authorized
12    under  this  paragraph, the Illinois Department of Public Aid
13    (before the effective date of this amendatory Act of the 92nd
14    General Assembly) or the Attorney General (on and after  that
15    date)  shall  be entitled as a party to notice of any further
16    proceedings in the case.  The clerk of the court shall file a
17    copy of the Illinois Department of Public Aid's  or  Attorney
18    General's notification in the court file.  The failure of the
19    clerk  to  file  a copy of the notification in the court file
20    shall not, however, affect the Illinois Department of  Public
21    Aid's  or  Attorney  General's  right  to  receive  notice of
22    further proceedings.
23        Payments under this Section to the Illinois Department of
24    Public Aid or the Attorney  General  pursuant  to  the  Child
25    Support  Enforcement Program established by Title IV-D of the
26    Social Security Act shall be  paid  into  the  Child  Support
27    Enforcement  Trust  Fund.  All payments under this Section to
28    the Illinois Department of Human Services shall be  deposited
29    in  the  DHS Recoveries Trust Fund.  Disbursements from these
30    funds shall be as provided in the Illinois Public  Aid  Code.
31    Payments  received  by  a  local  governmental  unit shall be
32    deposited in that unit's General Assistance Fund.
33        (e)  Any order or judgment may be amended by  the  court,
34    upon  its  own  motion or upon the motion of either party, to
 
                            -180-              LRB9206548DJgc
 1    conform with the provisions  of  Sections  709  through  712,
 2    either  as to the requirement of making payments to the clerk
 3    or, where payments are already being made to the clerk, as to
 4    the statutory fees provided for under Section 711.
 5        (f)  The clerk may invest in any interest bearing account
 6    or in any securities, monies collected for the benefit  of  a
 7    payee,  where  such  payee  cannot  be  found;  however,  the
 8    investment may be only for the period until the clerk is able
 9    to  locate and present the payee with such monies.  The clerk
10    may invest  in  any  interest  bearing  account,  or  in  any
11    securities,  monies  collected  for  the benefit of any other
12    payee; however, this does not alter the clerk's obligation to
13    make payments to the payee in a timely manner.  Any  interest
14    or  capital  gains  accrued  shall  be for the benefit of the
15    county and shall be paid into the special fund established in
16    subsection (b) of Section 711.
17        (g)  The clerk shall establish  and  maintain  a  payment
18    record  of  all monies received and disbursed and such record
19    shall constitute prima facie evidence  of  such  payment  and
20    non-payment, as the case may be.
21        (h)  For those cases in which child support is payable to
22    the  clerk  of  the  circuit  court  for  transmittal  to the
23    Illinois Department of Public Aid or the Attorney General  by
24    order   of   court  or  upon  notification  by  the  Illinois
25    Department of Public Aid or the Attorney General,  the  clerk
26    shall  transmit  all  such payments, within 4 working days of
27    receipt, to  ensure  insure  that  funds  are  available  for
28    immediate  distribution  by  the  Department  or the Attorney
29    General  to  the  person  or  entity  entitled   thereto   in
30    accordance  with  standards  of the Child Support Enforcement
31    Program established under Title IV-D of the  Social  Security
32    Act.   The  clerk shall notify the Department or the Attorney
33    General of the date of receipt and amount thereof at the time
34    of  transmittal.   Where  the  clerk  has  entered  into   an
 
                            -181-              LRB9206548DJgc
 1    agreement  of cooperation with the Department or the Attorney
 2    General to record the  terms  of  child  support  orders  and
 3    payments  made  thereunder  directly  into  the IV-D Agency's
 4    Department's automated  data  processing  system,  the  clerk
 5    shall  account  for,  transmit and otherwise distribute child
 6    support payments in accordance with such agreement in lieu of
 7    the requirements contained herein.
 8        (i)  To the extent the provisions  of  this  Section  are
 9    inconsistent  with  the  requirements pertaining to the State
10    Disbursement  Unit  under  Section  507.1  of  this  Act  and
11    Sections 7.76 and 7.295 of the Attorney General  Act  Section
12    10-26  of  the  Illinois  Public  Aid  Code, the requirements
13    pertaining to the State Disbursement Unit shall apply.
14    (Source: P.A.  91-24,  eff.  7-1-99;  91-212,  eff.  7-20-99;
15    revised 9-28-99.)

16        (750 ILCS 5/710) (from Ch. 40, par. 710)
17        Sec. 710.  Enforcement; Penalties.
18        (a)  In  counties  certified  as   included   under   the
19    provisions  of Sections 709 through 712 and whose application
20    for reimbursement is approved, there shall  be  instituted  a
21    child  support  enforcement  program  to  be conducted by the
22    clerk of the circuit court and the state's  attorney  of  the
23    county.  The program is to be limited to enforcement of child
24    support orders entered pursuant to this Act.
25        The child support enforcement program is to be  conducted
26    only  on  behalf of dependent children included in a grant of
27    financial aid under Article IV of  The  Illinois  Public  Aid
28    Code  and  parties who apply and qualify for support services
29    pursuant to Section 10-1 of such Code or Section 7.5  of  the
30    Attorney General Act.
31        Nothing  in  this  Section shall be construed to prohibit
32    the establishment of a child support enforcement  program  by
33    the  clerk  of  the  circuit  court  in  cooperation with the
 
                            -182-              LRB9206548DJgc
 1    State's Attorney of the county.
 2        (b)  In  the  event  of  a  delinquency  in  payment,  as
 3    determined from the record  maintained  by  the  clerk  in  a
 4    county covered by the child support enforcement program, such
 5    clerk  shall  notify  both  the  party  obligated to make the
 6    payment, hereinafter called the payor, and the  recipient  of
 7    such   payment,   hereinafter   called  the  payee,  of  such
 8    delinquency and that if the amount then due and owing is  not
 9    remitted  in the time period required by circuit court rules,
10    the matter will be  referred  to  the  state's  attorney  for
11    enforcement  proceedings.  Upon failure of the payor to remit
12    as required, the clerk shall refer the matter to the  state's
13    attorney, except as provided by rule of the circuit court.
14        (c)  Upon  referral  from the clerk, the state's attorney
15    shall promptly initiate enforcement proceedings  against  the
16    payor.  Legal representation by the state's attorney shall be
17    limited  to child support and shall not extend to visitation,
18    custody, property or other matters;  however,  if  the  payor
19    properly  files  pleadings  raising  such  matters during the
20    course of the child support hearing and the court finds  that
21    it  has  jurisdiction  of  such  matters,  the payee shall be
22    granted the opportunity to obtain a continuance in  order  to
23    secure  representation for those other matters, and the court
24    shall not delay entry of an appropriate support order pending
25    the disposition of such other matters.
26        If the state's attorney  does  not  commence  enforcement
27    proceedings  within 30 days, the clerk shall inform the court
28    which,  upon  its  own  motion,  shall  appoint  counsel  for
29    purposes of enforcement.   The  fees  and  expenses  of  such
30    counsel  shall  be paid by the payor and shall not be paid by
31    the State.
32        Nothing in this Section shall be construed to  prevent  a
33    payee from instituting independent enforcement proceedings or
34    limit  the  remedies  available to payee in such proceedings.
 
                            -183-              LRB9206548DJgc
 1    However, absent  the  exercise  under  this  provision  of  a
 2    private   right  of  enforcement,  enforcement  shall  be  as
 3    otherwise provided in this Section.
 4        (d)  At the time any support order is entered, the  payee
 5    shall  be  informed of the procedure used for enforcement and
 6    shall be given the address and telephone number both  of  the
 7    clerk and of the Child and Spouse Support Unit as provided in
 8    Section 712.
 9        The  payee  shall be informed that, if no action is taken
10    within 2 months of any complaint  to  the  clerk,  payee  may
11    contact the Unit to seek assistance in obtaining enforcement.
12        (e)  Upon  a  finding  that  payor is in default and that
13    such non-payment is for a period of two months and that  such
14    non-payment  is without good cause, the court shall order the
15    payor to pay a sum equal to 2% of the arrearage as a  penalty
16    along with his payment.
17        The  court  may further assess against the payor any fees
18    and expenses incurred in the enforcement of any order or  the
19    reasonable value thereof and may impose any penalty otherwise
20    available to it in a case of contempt.
21        All  penalties,  fees  and  expenses assessed against the
22    payor pursuant to this subsection are to cover  the  expenses
23    of  enforcement,  are  to  be paid to the clerk and are to be
24    placed by him in the special fund  provided  for  in  Section
25    711.
26        (f)  Any   person   not  covered  by  the  child  support
27    enforcement program may  institute  private  and  independent
28    proceedings to enforce payment of support.
29    (Source: P.A. 88-284.)

30        (750 ILCS 5/712) (from Ch. 40, par. 712)
31        Sec.   712.    (a)  The  Supreme  Court  may  make  Rules
32    concerning the certification of counties for inclusion in the
33    child support enforcement program and the application of  the
 
                            -184-              LRB9206548DJgc
 1    procedures created by Sections 709 through 712 in the various
 2    counties.
 3        The  Supreme  Court  shall  inform each circuit court and
 4    clerk of the court of the  availability  of  the  program  to
 5    reimburse  counties desiring to participate in the program of
 6    enforcement of child support payments.
 7        The Supreme Court shall also distribute to  each  circuit
 8    court  and  clerk  of the court any materials prepared by the
 9    Child  and  Spouse  Support  Unit  comparing  child   support
10    enforcement  in  counties  included  and not included in this
11    program.
12        (b)  Before the effective date of this amendatory Act  of
13    the  92nd General Assembly, the Illinois Department of Public
14    Aid, through the Child and Spouse Support Unit  provided  for
15    by Section 10-3.1 of The Illinois Public Aid Code, shall have
16    general  supervision of the child support programs created by
17    Sections 709 through 712 and shall have the powers and duties
18    provided in this Section, including the following:
19        (1)  to make advance payments to any county  included  in
20    the  program  for  expenses  in preparing programs to enforce
21    payment of child support to  the  clerk  from  appropriations
22    made for such purposes by the General Assembly;
23        (2)  to  make  payments to each covered county to pay for
24    its reasonable expenses  actually  necessary  to  maintain  a
25    continuing  program not paid for by fees, penalties, or other
26    monies; provided that, with respect to that  portion  of  the
27    program  on  behalf of dependent children included in a grant
28    of financial aid under Article IV of The Illinois Public  Aid
29    Code  the Unit shall pay only such expenses as is its current
30    practice or as it may deem appropriate; provided further that
31    the Unit shall  only  pay  expenses  of  the  entire  program
32    subject  to  the  availability  of  federal monies to pay the
33    majority of expenses of the entire child support  enforcement
34    program; provided further that the Unit or Department may set
 
                            -185-              LRB9206548DJgc
 1    standards relating to enforcement which have to be met by any
 2    county  seeking  to  enter a contract with the Department for
 3    reimbursement of expenses of the entire  enforcement  program
 4    prior  to an application for reimbursement being approved and
 5    the  contract  granted;  and  provided  further   that   such
 6    standards may relate to, but are not limited to the following
 7    factors: maintenance of the payment record, the definition of
 8    delinquency;  the  period of time in which a delinquency must
 9    be determined, the payor notified, the  remittance  received,
10    the  referral  to  the state's attorney made, and the payment
11    remitted by the clerk to the payee or other party entitled to
12    the payment; the conditions under which referral will not  be
13    made  to  the  state's  attorney;  and  the  definitions  and
14    procedures  for  other  matters necessary for the conduct and
15    operation of the program;
16        (3)  to  monitor   the   various   local   programs   for
17    enforcement of child support payments to the clerk;
18        (4)  to  act  to  encourage  enforcement  whenever  local
19    enforcement procedures are inadequate;
20        (5)  to  receive monies from any source for assistance in
21    enforcement of child support; and
22        (6)  to assist  any  county  desirous  of  assistance  in
23    establishing  and  maintaining  a  child  support enforcement
24    program.
25        (b-5)  On and after the effective date of this amendatory
26    Act of the  92nd  General  Assembly,  the  Attorney  General,
27    through  the  Child  and  Spouse Support Unit provided for by
28    Section 7.20 of the Attorney General Act, shall have  general
29    supervision of the child support programs created by Sections
30    709 through 712 and shall have the powers and duties provided
31    in  this  Section,  including  those assigned to the Illinois
32    Department of Public Aid and its  Child  and  Spouse  Support
33    Unit under subsection (b).
34        (c)  Any county may apply for financial assistance to the
 
                            -186-              LRB9206548DJgc
 1    Unit  to  initiate  or  maintain  a  program of child support
 2    enforcement.  Every  county  which  desires  such  assistance
 3    shall  apply according to procedures established by the Unit.
 4    In its application, it shall state the following:   financial
 5    needs,  personnel  requirements,  anticipated  caseloads, any
 6    amounts collected or anticipated in fees  or  penalties,  and
 7    any other information required by the Unit.
 8        (d)  In  the  case that any advance money is given to any
 9    county under this Section to initiate an enforcement  system,
10    the  county shall reimburse the state within 2 years from the
11    date such monies are given to it.  The Unit may establish  an
12    appropriate schedule of reimbursement for any county.
13        (e)  In the event of the unavailability of federal monies
14    to  pay  for the greater part of the costs to a county of the
15    child support enforcement program under Sections 709  through
16    712  and  the resulting cessation of state participation, the
17    operation of the  child  support  enforcement  program  under
18    Sections  709  through 712 shall terminate.  The date and the
19    method of termination shall be determined  by  Supreme  Court
20    Rule.
21    (Source: P.A. 84-1395.)

22        Section 55.  The Non-Support Punishment Act is amended by
23    changing Sections 7, 20, 25, 30, 35, 50, and 60 as follows:

24        (750 ILCS 16/7)
25        Sec.  7.   Prosecutions by Attorney General.  In addition
26    to enforcement proceedings by the several State's  Attorneys,
27    a   proceeding  for  the  enforcement  of  this  Act  may  be
28    instituted and prosecuted by the Attorney General   in  cases
29    referred by the Illinois Department of Public Aid (before the
30    effective  date  of  this  amendatory Act of the 92nd General
31    Assembly)  involving  persons  receiving  child  and   spouse
32    support  services  under Article X of the Illinois Public Aid
 
                            -187-              LRB9206548DJgc
 1    Code or in cases involving persons receiving  those  services
 2    under Sections 7.1 through 7.305 of the Attorney General Act.
 3    Before   referring   a  case  to  the  Attorney  General  for
 4    enforcement under this Act,  the  Department  of  Public  Aid
 5    shall  notify  the  person receiving child and spouse support
 6    services under Article X of the Illinois Public Aid  Code  of
 7    the  Department's  intent  to  refer the case to the Attorney
 8    General under this Section for prosecution.
 9    (Source: P.A. 91-613, eff. 10-1-99.)

10        (750 ILCS 16/20)
11        Sec. 20.  Entry of order for support; income withholding.
12        (a) In a case in which no court or  administrative  order
13    for support is in effect against the defendant:
14             (1) at any time before the trial, upon motion of the
15        State's  Attorney,  or  of  the  Attorney  General if the
16        action has been instituted by his office, and upon notice
17        to the defendant, or at the time of arraignment or  as  a
18        condition  of  postponement of arraignment, the court may
19        enter such temporary order for support as may seem  just,
20        providing for the support or maintenance of the spouse or
21        child  or  children  of  the defendant, or both, pendente
22        lite; or
23             (2) before trial with the consent of the  defendant,
24        or  at  the  trial on entry of a plea of guilty, or after
25        conviction, instead of imposing the penalty  provided  in
26        this  Act, or in addition thereto, the court may enter an
27        order for support, subject to modification by  the  court
28        from time to time as circumstances may require, directing
29        the defendant to pay a certain sum for maintenance of the
30        spouse, or for support of the child or children, or both.
31        (b) The court shall determine the amount of child support
32    by using the guidelines and standards set forth in subsection
33    (a)  of  Section  505  and  in  Section 505.2 of the Illinois
 
                            -188-              LRB9206548DJgc
 1    Marriage and Dissolution of Marriage Act.
 2        If (i) the non-custodial parent was properly served  with
 3    a  request for discovery of financial information relating to
 4    the non-custodial parent's ability to provide child  support,
 5    (ii)  the  non-custodial  parent  failed  to  comply with the
 6    request, despite having been ordered to do so by  the  court,
 7    and  (iii)  the  non-custodial  parent  is not present at the
 8    hearing to determine support despite having  received  proper
 9    notice,  then  any  relevant financial information concerning
10    the non-custodial parent's ability to  provide  support  that
11    was  obtained pursuant to subpoena and proper notice shall be
12    admitted into evidence without  the  need  to  establish  any
13    further foundation for its admission.
14        (c)  The  court shall determine the amount of maintenance
15    using the standards set forth in  Section 504 of the Illinois
16    Marriage and Dissolution of Marriage Act.
17        (d) The court may, for violation of any order under  this
18    Section,  punish the offender as for a contempt of court, but
19    no pendente lite order shall remain in effect longer  than  4
20    months,  or  after  the  discharge  of  any  panel  of jurors
21    summoned for service thereafter in such court,  whichever  is
22    sooner.
23        (e) Any order for support entered by the court under this
24    Section  shall  be deemed to be a series of judgments against
25    the person obligated to pay support under the judgments, each
26    such judgment  to  be  in  the  amount  of  each  payment  or
27    installment of support and each judgment to be deemed entered
28    as  of  the  date  the  corresponding  payment or installment
29    becomes due under the  terms  of  the  support  order.   Each
30    judgment shall have the full force, effect, and attributes of
31    any other judgment of this State, including the ability to be
32    enforced.   Each  judgment  is  subject  to  modification  or
33    termination  only  in  accordance  with  Section  510  of the
34    Illinois Marriage and Dissolution of Marriage  Act.   A  lien
 
                            -189-              LRB9206548DJgc
 1    arises  by  operation  of  law  against the real and personal
 2    property of the noncustodial parent for each  installment  of
 3    overdue support owed by the noncustodial parent.
 4        (f) An order for support entered under this Section shall
 5    include  a  provision  requiring the obligor to report to the
 6    obligee and to the clerk of the court  within  10  days  each
 7    time  the  obligor  obtains new employment, and each time the
 8    obligor's employment  is  terminated  for  any  reason.   The
 9    report  shall  be  in  writing  and shall, in the case of new
10    employment, include the name and address of the new employer.
11        Failure to report new employment or  the  termination  of
12    current employment, if coupled with nonpayment of support for
13    a period in excess of 60 days, is indirect criminal contempt.
14    For   any   obligor   arrested  for  failure  to  report  new
15    employment, bond shall be set in  the  amount  of  the  child
16    support  that  should  have  been  paid  during the period of
17    unreported employment.
18        An order for support entered  under  this  Section  shall
19    also  include  a  provision requiring the obligor and obligee
20    parents to advise each other of a change in residence  within
21    5  days  of  the  change except when the court finds that the
22    physical, mental, or emotional health of  a  party  or  of  a
23    minor  child,  or  both,  would  be  seriously  endangered by
24    disclosure of the party's address.
25        (g) An order for support entered or modified in a case in
26    which a party is receiving child and spouse support  services
27    under  Article  X  of  the  Illinois Public Aid Code or under
28    Sections 7.1 through 7.305 of the Attorney General Act  shall
29    include  a  provision  requiring  the  noncustodial parent to
30    notify the Illinois Department of Public Aid or the  Attorney
31    General,  within  7  days, of the name and address of any new
32    employer of the noncustodial parent, whether the noncustodial
33    parent has access to health insurance  coverage  through  the
34    employer  or other group coverage and, if so, the policy name
 
                            -190-              LRB9206548DJgc
 1    and number and the names of persons covered under the policy.
 2        (h) In any subsequent action  to  enforce  an  order  for
 3    support  entered under this Act, upon sufficient showing that
 4    diligent effort has been made to ascertain  the  location  of
 5    the  noncustodial  parent, service of process or provision of
 6    notice necessary in that action may be made at the last known
 7    address of the noncustodial parent, in any  manner  expressly
 8    provided by the Code of Civil Procedure or in this Act, which
 9    service shall be sufficient for purposes of due process.
10        (i)  An  order  for support shall include a date on which
11    the current support obligation terminates.   The  termination
12    date  shall  be  no  earlier than the date on which the child
13    covered by the order will attain the age of  majority  or  is
14    otherwise emancipated. The order for support shall state that
15    the termination date does not apply to any arrearage that may
16    remain unpaid on that date.  Nothing in this subsection shall
17    be construed to prevent the court from modifying the order.
18    (Source: P.A. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00.)

19        (750 ILCS 16/25)
20        Sec.  25.  Payment of support to State Disbursement Unit;
21    clerk of the court.
22        (a)  As  used  in  this  Section,  "order  for  support",
23    "obligor", "obligee", and "payor" mean those terms as defined
24    in the Income Withholding for Support Act.
25        (b) Each order for  support  entered  or  modified  under
26    Section 20 of this Act shall require that support payments be
27    made to the State Disbursement Unit established under Section
28    7.295  of  the  Attorney  General Act the Illinois Public Aid
29    Code, under the following circumstances:
30             (1) when a party to the order is receiving child and
31        spouse support services under Article X of  the  Illinois
32        Public  Aid  Code  or  Sections  7.1 through 7.305 of the
33        Attorney General Act; or
 
                            -191-              LRB9206548DJgc
 1             (2) when no party to the order  is  receiving  child
 2        and spouse support services, but the support payments are
 3        made through income withholding.
 4        (c)  When  no  party  to the order is receiving child and
 5    spouse support services, and  payments  are  not  being  made
 6    through income withholding, the court shall order the obligor
 7    to make support payments to the clerk of the court.
 8        (d)  In  the  case of an order for support entered by the
 9    court under this Act before  a  party  commenced  receipt  of
10    child  and  spouse  support  services,  upon receipt of these
11    services by a party the Illinois  Department  of  Public  Aid
12    (before the effective date of this amendatory Act of the 92nd
13    General  Assembly) or the Attorney General (on and after that
14    date) shall provide notice to the obligor to send any support
15    payments he or she makes personally to the State Disbursement
16    Unit  until  further  direction  of  the  Department  or  the
17    Attorney General.  The Department  or  the  Attorney  General
18    shall  provide a copy of the notice to the obligee and to the
19    clerk of the court.
20        (e) If a State Disbursement Unit as specified by  federal
21    law  has not been created in Illinois upon the effective date
22    of this Act, then, until the creation of a State Disbursement
23    Unit as specified by federal law,  the  following  provisions
24    regarding  payment and disbursement of support payments shall
25    control and the provisions in subsections (a), (b), (c),  and
26    (d)  shall  be  inoperative.   Upon  the  creation of a State
27    Disbursement  Unit  as  specified  by   federal   law,   this
28    subsection  (e)  shall  be  inoperative  and  the payment and
29    disbursement provisions of subsections (a), (b), (c), and (d)
30    shall control.
31             (1) In cases  in  which  an  order  for  support  is
32        entered  under  Section  20  of this Act, the court shall
33        order that maintenance and support payments  be  made  to
34        the  clerk  of  the court for remittance to the person or
 
                            -192-              LRB9206548DJgc
 1        agency entitled to receive the  payments.   However,  the
 2        court  in  its  discretion  may  direct  otherwise  where
 3        exceptional circumstances so warrant.
 4             (2)  The court shall direct that support payments be
 5        sent by the clerk  to  (i)  the  Illinois  Department  of
 6        Public  Aid  if  the  person in whose behalf payments are
 7        made is receiving aid under Articles III, IV, or V of the
 8        Illinois Public Aid Code, or  child  and  spouse  support
 9        services  under  Article  X  of  the Code, or (ii) to the
10        local governmental unit responsible for  the  support  of
11        the  person  if he or she is a recipient under Article VI
12        of  the  Code.   In  accordance  with  federal  law   and
13        regulations,  the  Illinois  Department of Public Aid may
14        continue to collect current maintenance payments or child
15        support payments, or both, after those persons  cease  to
16        receive   public  assistance  and  until  termination  of
17        services under Article X of the Illinois Public Aid Code.
18        The  Illinois  Department  shall  pay  the   net   amount
19        collected  to  those  persons  after  deducting any costs
20        incurred in making the collection or any  collection  fee
21        from  the  amount  of any recovery made.  The order shall
22        permit the Illinois Department of Public Aid or the local
23        governmental unit, as the case may  be,  to  direct  that
24        support   payments   be  made  directly  to  the  spouse,
25        children, or both, or to some person or agency  in  their
26        behalf,  upon  removal of the spouse or children from the
27        public aid rolls or upon termination  of  services  under
28        Article  X of the Illinois Public Aid Code; and upon such
29        direction,  the  Illinois   Department   or   the   local
30        governmental  unit,  as  the  case  requires,  shall give
31        notice of such action to  the  court  in  writing  or  by
32        electronic transmission.
33             (3)  The  clerk  of  the  court  shall establish and
34        maintain current  records  of  all  moneys  received  and
 
                            -193-              LRB9206548DJgc
 1        disbursed  and  of delinquencies and defaults in required
 2        payments.  The  court,  by  order  or  rule,  shall  make
 3        provision for the carrying out of these duties.
 4             (4)  Upon  notification  in writing or by electronic
 5        transmission from the Illinois Department of  Public  Aid
 6        to  the clerk of the court that a person who is receiving
 7        support payments under this Section is receiving services
 8        under the Child Support Enforcement  Program  established
 9        by  Title  IV-D  of  the Social Security Act, any support
10        payments subsequently received by the clerk of the  court
11        shall  be transmitted in accordance with the instructions
12        of the  Illinois  Department  of  Public  Aid  until  the
13        Department  gives notice to cease the transmittal.  After
14        providing  the   notification   authorized   under   this
15        paragraph, the Illinois Department of Public Aid shall be
16        a party and entitled to notice of any further proceedings
17        in the case.  The clerk of the court shall file a copy of
18        the  Illinois  Department of Public Aid's notification in
19        the court file.  The failure of the clerk to file a  copy
20        of the notification in the court file shall not, however,
21        affect  the Illinois Department of Public Aid's rights as
22        a party  or  its  right  to  receive  notice  of  further
23        proceedings.
24             (5)  Payments  under  this  Section  to the Illinois
25        Department of Public Aid pursuant to  the  Child  Support
26        Enforcement  Program  established  by  Title  IV-D of the
27        Social Security Act shall be paid into the Child  Support
28        Enforcement  Trust  Fund.   All other payments under this
29        Section to the Illinois Department of Public Aid shall be
30        deposited in the Public Assistance Recoveries Trust Fund.
31        Disbursements from these funds shall be  as  provided  in
32        the  Illinois  Public  Aid  Code.  Payments received by a
33        local governmental unit shall be deposited in that unit's
34        General Assistance Fund.
 
                            -194-              LRB9206548DJgc
 1             (6) For  those  cases  in  which  child  support  is
 2        payable to the clerk of the circuit court for transmittal
 3        to  the  Illinois  Department  of  Public Aid by order of
 4        court or upon notification by the Illinois Department  of
 5        Public  Aid,  the clerk shall transmit all such payments,
 6        within 4 working days of receipt, to  insure  that  funds
 7        are   available   for   immediate   distribution  by  the
 8        Department to the person or entity  entitled  thereto  in
 9        accordance   with   standards   of   the   Child  Support
10        Enforcement Program established under Title IV-D  of  the
11        Social   Security   Act.   The  clerk  shall  notify  the
12        Department of the date of receipt and amount  thereof  at
13        the  time  of  transmittal.   Where the clerk has entered
14        into an agreement of cooperation with the  Department  to
15        record  the  terms  of  child support orders and payments
16        made thereunder directly into the Department's  automated
17        data  processing  system,  the  clerk  shall account for,
18        transmit and otherwise distribute child support  payments
19        in   accordance  with  such  agreement  in  lieu  of  the
20        requirements contained herein.
21    (Source: P.A. 91-613, eff. 10-1-99.)

22        (750 ILCS 16/30)
23        Sec. 30.  Information to State Case Registry.
24        (a) When an order for  support  is  entered  or  modified
25    under  Section  20 of this Act, the clerk of the court shall,
26    within 5 business days, provide to the  State  Case  Registry
27    established under Section 7.305 10-27 of the Attorney General
28    Act  Illinois  Public  Aid  Code  the court docket number and
29    county in which the order is  entered  or  modified  and  the
30    following information, which the parents involved in the case
31    shall disclose to the court:
32             (1)  the  names  of  the  custodial and noncustodial
33        parents and of the  child  or  children  covered  by  the
 
                            -195-              LRB9206548DJgc
 1        order;
 2             (2)   the  dates  of  birth  of  the  custodial  and
 3        noncustodial parents and of the child or children covered
 4        by the order;
 5             (3) the social security numbers of the custodial and
 6        noncustodial parents and, if available, of the  child  or
 7        children covered by the order;
 8             (4)  the  residential  and  mailing  address for the
 9        custodial and noncustodial parents;
10             (5) the telephone  numbers  for  the  custodial  and
11        noncustodial parents;
12             (6)  the  driver's license numbers for the custodial
13        and noncustodial parents; and
14             (7) the name, address, and telephone number of  each
15        parent's employer or employers.
16        (b)  When  an  order  for  support is entered or modified
17    under Section 20 in a case in  which  a  party  is  receiving
18    child  and  spouse  support  services  under Article X of the
19    Illinois Public Aid Code or under Sections 7.1 through  7.305
20    of  the  Attorney  General  Act,  the clerk shall provide the
21    State Case Registry with the following information  within  5
22    business days:
23             (1) the information specified in subsection (a);
24             (2)  the amount of monthly or other periodic support
25        owed  under  the  order  and  other  amounts,   including
26        arrearages, interest, or late payment penalties and fees,
27        due or overdue under the order;
28             (3) any amounts described in subdivision (2) of this
29        subsection (b) that have been received by the clerk; and
30             (4)  the distribution of the amounts received by the
31        clerk.
32        (c)  A party shall report to the  clerk  of  the  circuit
33    court  changes  in information required to be disclosed under
34    this Section within 5 business days of the change.
 
                            -196-              LRB9206548DJgc
 1        (d) To the extent that  updated  information  is  in  the
 2    clerk's  possession,  the  clerk shall provide updates of the
 3    information specified in subsection  (b)  within  5  business
 4    days  after  the  Illinois  Department  of  Public  Aid's  or
 5    Attorney General's request for that updated information.
 6    (Source: P.A. 91-613, eff. 10-1-99.)

 7        (750 ILCS 16/35)
 8        Sec.   35.  Fine;  release  of  defendant  on  probation;
 9    violation of order for support; forfeiture of recognizance.
10        (a) Whenever a fine is imposed it may be directed by  the
11    court  to  be  paid,  in  whole  or  in  part, to the spouse,
12    ex-spouse, or if the  support  of  a  child  or  children  is
13    involved,  to  the  custodial parent, to the clerk, probation
14    officer, or to the Illinois Department of Public Aid  (before
15    the effective date of this amendatory Act of the 92nd General
16    Assembly) if a recipient of child and spouse support services
17    under  Article X of the Illinois Public Aid Code is involved,
18    or to the Attorney General (on and after the  effective  date
19    of  this  amendatory  Act  of the 92nd General Assembly) if a
20    recipient of child and spouse support services under Sections
21    7.1 through 7.305 of the Attorney General Act is involved, as
22    the case requires, to be disbursed by such officers or agency
23    under the terms of the order.
24        (b) The court may also relieve the defendant from custody
25    on probation for the period fixed in the  order  or  judgment
26    upon his or her entering into a recognizance, with or without
27    surety,  in  the  sum  as the court orders and approves.  The
28    condition of the recognizance  shall  be  such  that  if  the
29    defendant  makes  his  or  her  personal  appearance in court
30    whenever ordered to do so by the court, during such period as
31    may be so fixed, and further complies with the terms  of  the
32    order  for  support,  or  any  subsequent modification of the
33    order, then the recognizance shall be void; otherwise it will
 
                            -197-              LRB9206548DJgc
 1    remain in full force and effect.
 2        (c) If the court is satisfied by testimony in open court,
 3    that at any time during the period of one year the  defendant
 4    has  violated  the  terms  of  the  order for support, it may
 5    proceed with the trial of the defendant  under  the  original
 6    charge, or sentence him or her under the original conviction,
 7    or  enforce  the  suspended sentence, as the case may be.  In
 8    case  of  forfeiture  of  recognizance,  and  enforcement  of
 9    recognizance by execution, the sum so recovered may,  in  the
10    discretion of the court, be paid, in whole or in part, to the
11    spouse,  ex-spouse,  or if the support of a child or children
12    is involved, to the custodial parent, to the clerk, or to the
13    Illinois Department of Public Aid (before the effective  date
14    of  this  amendatory  Act  of the 92nd General Assembly) if a
15    recipient of child and spouse support services under  Article
16    X  of  the  Illinois  Public  Aid Code is involved, or to the
17    Attorney General (on and after the  effective  date  of  this
18    amendatory  Act  of the 92nd General Assembly) if a recipient
19    of child and  spouse  support  services  under  Sections  7.1
20    through 7.305 of the Attorney General Act is involved, as the
21    case   requires,  to  be  disbursed  by  the  clerk,  or  the
22    Department, or the Attorney General under the  terms  of  the
23    order.
24    (Source: P.A. 91-613, eff. 10-1-99.)

25        (750 ILCS 16/50)
26        Sec. 50.  Community service; work alternative program.
27        (a) In addition to any other penalties imposed against an
28    offender  under this Act, the court may order the offender to
29    perform community service for not less than 30 and  not  more
30    than  120  hours per month, if community service is available
31    in the jurisdiction and is funded and approved by the  county
32    board  of  the  county  where  the offense was committed.  In
33    addition, whenever any person is placed  on  supervision  for
 
                            -198-              LRB9206548DJgc
 1    committing  an  offense under this Act, the supervision shall
 2    be conditioned on the performance of the community service.
 3        (b) In addition to any other penalties imposed against an
 4    offender under this Act, the court may sentence the  offender
 5    to  service in a work alternative program administered by the
 6    sheriff.  The conditions of the program are that the offender
 7    obtain  or  retain  employment  and  participate  in  a  work
 8    alternative  program  administered  by  the  sheriff   during
 9    non-working   hours.    A  person  may  not  be  required  to
10    participate  in  a  work  alternative  program   under   this
11    subsection if the person is currently participating in a work
12    program  pursuant  to  another provision of this Act, Section
13    7.85 10-11.1 of the Attorney General Act Illinois Public  Aid
14    Code,  Section 505.1 of the Illinois Marriage and Dissolution
15    of Marriage Act, or Section 15.1 of  the  Illinois  Parentage
16    Act of 1984.
17        (c)  In  addition  to any other penalties imposed against
18    an offender under this Act, the court  may  order,  in  cases
19    where  the  offender has been in violation of this Act for 90
20    days or more, that the offender's Illinois driving privileges
21    be suspended until the court determines that the offender  is
22    in compliance with this Act.
23        The   court   may  determine  that  the  offender  is  in
24    compliance with this Act if the offender has  agreed  (i)  to
25    pay  all  required  amounts  of  support  and  maintenance as
26    determined by the court or (ii) to the garnishment of his  or
27    her income for the purpose of paying those amounts.
28        The  court  may  also order that the offender be issued a
29    family financial responsibility  driving  permit  that  would
30    allow  limited  driving privileges for employment and medical
31    purposes in accordance with Section 7-702.1 of  the  Illinois
32    Vehicle  Code.  The  clerk of the circuit court shall certify
33    the order suspending the driving privileges of  the  offender
34    or granting the issuance of a family financial responsibility
 
                            -199-              LRB9206548DJgc
 1    driving  permit to the Secretary of State on forms prescribed
 2    by  the  Secretary.  Upon  receipt   of   the   authenticated
 3    documents,   the   Secretary   of  State  shall  suspend  the
 4    offender's driving privileges  until  further  order  of  the
 5    court  and  shall,  if  ordered  by the court, subject to the
 6    provisions of Section 7-702.1 of the Illinois  Vehicle  Code,
 7    issue a family financial responsibility driving permit to the
 8    offender.
 9        (d)  If  the  court determines that the offender has been
10    in violation of this Act for more than 60 days, the court may
11    determine whether the offender has applied for or been issued
12    a professional license  by  the  Department  of  Professional
13    Regulation   or  another  licensing  agency.   If  the  court
14    determines that the offender has applied for or  been  issued
15    such  a  license,  the court may certify to the Department of
16    Professional Regulation or other licensing  agency  that  the
17    offender  has  been in violation of this Act for more than 60
18    days  so  that  the  Department  or  other  agency  may  take
19    appropriate steps with respect to the license or  application
20    as  provided  in Section 10-65 of the Illinois Administrative
21    Procedure Act  and  Section  2105-15  of  the  Department  of
22    Professional  Regulation Law (20 ILCS 2105/2105-15) 60 of the
23    Civil Administrative Code of Illinois.  The  court  may  take
24    the  actions  required  under  this subsection in addition to
25    imposing any other penalty authorized under this Act.
26    (Source: P.A. 91-613, eff. 10-1-99.)

27        (750 ILCS 16/60)
28        Sec. 60.  Unemployed persons owing duty of support.
29        (a)  Whenever  it  is  determined  in  a  proceeding   to
30    establish   or   enforce   a  child  support  or  maintenance
31    obligation that  the  person  owing  a  duty  of  support  is
32    unemployed, the court may order the person to seek employment
33    and report periodically to the court with a diary, listing or
 
                            -200-              LRB9206548DJgc
 1    other  memorandum  of  his  or her efforts in accordance with
 2    such order.  Additionally, the court may order the unemployed
 3    person to report to the Department of Employment Security for
 4    job search services or to make application with the local Job
 5    Jobs Training Partnership Act provider for  participation  in
 6    job  search, training, or work programs and where the duty of
 7    support is owed to a child receiving support  services  under
 8    Article  X  of the Illinois Public Aid Code or under Sections
 9    7.1 through 7.305 of the Attorney General Act the  court  may
10    order  the  unemployed  person  to  report  to  the  Illinois
11    Department  of  Public  Aid  for participation in job search,
12    training, or work programs established under Section 9-6  and
13    Article IXA of that Code.
14        (b)  Whenever  it  is  determined that a person owes past
15    due support for a child or for a child and  the  parent  with
16    whom  the  child  is  living,  and  the  child  is  receiving
17    assistance  under  the  Illinois  Public  Aid Code, the court
18    shall order at the request  of  the  Illinois  Department  of
19    Public Aid:
20             (1)  that  the  person  pay  the past-due support in
21        accordance with a plan approved by the court; or
22             (2)  if  the  person  owing  past-due   support   is
23        unemployed,  is  subject  to  such  a  plan,  and  is not
24        incapacitated, that the person participate  in  such  job
25        search,  training,  or  work  programs  established under
26        Section 9-6 and Article IXA of the  Illinois  Public  Aid
27        Code as the court deems appropriate.
28    (Source: P.A. 91-613, eff. 10-1-99; revised 10-1-99.)

29        Section 65.  The Uniform Interstate Family Support Act is
30    amended  by  changing  Sections  101,  102,  310,  and 320 as
31    follows:

32        (750 ILCS 22/101)
 
                            -201-              LRB9206548DJgc
 1        Sec. 101.  Definitions.  In this Act:
 2        "Child" means an individual, whether over  or  under  the
 3    age  of 18, who is or is alleged to be owed a duty of support
 4    by the individual's parent or who is or is alleged to be  the
 5    beneficiary of a support order directed to the parent.
 6        "Child-support  order" means a support order for a child,
 7    including a child who has attained the age of 18.
 8        "Duty  of  support"  means  an  obligation   imposed   or
 9    imposable  by  law to provide support for a child, spouse, or
10    former spouse including an unsatisfied obligation to  provide
11    support.
12        "Home state" means the state in which a child lived  with
13    a  parent  or  a  person  acting  as  parent  for  at least 6
14    consecutive months immediately preceding the time  of  filing
15    of  a  petition  or comparable pleading for support, and if a
16    child is less than 6 months old, the state in which the child
17    lived from birth with any of them.   A  period  of  temporary
18    absence  of  any of them is counted as part of the 6-month or
19    other period.
20        "Income" includes earnings or other periodic entitlements
21    to money from any source and any other  property  subject  to
22    withholding for support under the law of this State.
23        "Income-withholding  order" means an order or other legal
24    process directed to an obligor's employer or other debtor, as
25    defined by the Attorney General Act,  the  Illinois  Marriage
26    and  Dissolution  of  Marriage Act, the Non-Support of Spouse
27    and  Children  Act,  the  Non-Support  Punishment  Act,   the
28    Illinois  Public  Aid Code, and the Illinois Parentage Act of
29    1984, to withhold support from the income of the obligor.
30        "Initiating state" means a state from which a  proceeding
31    is forwarded or in which a proceeding is filed for forwarding
32    to  a  responding  state under this Act or a law or procedure
33    substantially similar to this Act.
34        "Initiating tribunal" means the authorized tribunal in an
 
                            -202-              LRB9206548DJgc
 1    initiating state.
 2        "Issuing state" means  the  state  in  which  a  tribunal
 3    issues  a  support  order  or  renders a judgment determining
 4    parentage.
 5        "Issuing tribunal"  means  the  tribunal  that  issues  a
 6    support order or renders a judgment determining parentage.
 7        "Obligee" means:
 8             (i)  an  individual  to whom a duty of support is or
 9        is alleged to be owed or in whose favor a  support  order
10        has  been  issued or a judgment determining parentage has
11        been rendered;
12             (ii)  a state or political subdivision to which  the
13        rights under a duty of support or support order have been
14        assigned   or  which  has  independent  claims  based  on
15        financial assistance provided to an  individual  obligee;
16        or
17             (iii)  an  individual seeking a judgment determining
18        parentage of the individual's child.
19        "Obligor"  means  an  individual,  or  the  estate  of  a
20    decedent: (i)  who owes or  is  alleged  to  owe  a  duty  of
21    support;  (ii) who is alleged but has not been adjudicated to
22    be a parent of a child; or  (iii)   who  is  liable  under  a
23    support order.
24        "Register"  means  to  record a support order or judgment
25    determining parentage in the appropriate Registry of  Foreign
26    Support Orders.
27        "Registering  tribunal"  means  a  tribunal  in  which  a
28    support order is registered.
29        "Responding state" means a state in which a proceeding is
30    filed  or  to which a proceeding is forwarded for filing from
31    an initiating state under this Act  or  a  law  or  procedure
32    substantially similar to this Act.
33        "Responding  tribunal" means the authorized tribunal in a
34    responding state.
 
                            -203-              LRB9206548DJgc
 1        "Spousal-support order"  means  a  support  order  for  a
 2    spouse or former spouse of the obligor.
 3        "State"  means a state of the United States, the District
 4    of Columbia, Puerto Rico, the United States  Virgin  Islands,
 5    or  any  territory  or  insular  possession  subject  to  the
 6    jurisdiction of the United States.  The term includes:
 7             (i)  an Indian tribe; and
 8             (ii)  a  foreign jurisdiction that has enacted a law
 9        or established procedures for issuance and enforcement of
10        support orders which are  substantially  similar  to  the
11        procedures   under   this  Act,  the  Uniform  Reciprocal
12        Enforcement  of  Support  Act,  or  the  Revised  Uniform
13        Reciprocal Enforcement of Support Act.
14        "Support enforcement agency" means a public  official  or
15    agency authorized to seek:
16             (1)  enforcement  of support orders or laws relating
17        to the duty of support;
18             (2)  establishment or modification of child support;
19             (3)  determination of parentage; or
20             (4)  to locate obligors or their assets.
21        "Support order"  means  a  judgment,  decree,  or  order,
22    whether temporary, final, or subject to modification, for the
23    benefit  of  a  child,  a  spouse,  or a former spouse, which
24    provides for monetary support, health  care,  arrearages,  or
25    reimbursement,  and  may  include  related  costs  and  fees,
26    interest,  income  withholding,  attorney's  fees,  and other
27    relief.
28        "Tribunal"  means  a  court,  administrative  agency,  or
29    quasi-judicial entity authorized to  establish,  enforce,  or
30    modify support orders or to determine parentage.
31    (Source: P.A. 90-240, eff. 7-28-97; 91-613, eff. 10-1-99.)

32        (750 ILCS 22/102)
33        Sec.  102.  Tribunal  of  State.   The circuit court is a
 
                            -204-              LRB9206548DJgc
 1    tribunal of this State. The Illinois Department of Public Aid
 2    is an initiating tribunal.  The Illinois Department of Public
 3    Aid is also a responding tribunal of this State to the extent
 4    that  it  can  administratively   establish   paternity   and
 5    establish,    modify,    and    enforce   an   administrative
 6    child-support order under  authority  of  Article  X  of  the
 7    Illinois   Public  Aid  Code.  The  Attorney  General  is  an
 8    initiating  tribunal.   The  Attorney  General  is   also   a
 9    responding  tribunal  of this State to the extent that it can
10    administratively establish paternity and  establish,  modify,
11    and  enforce  an administrative child support order under the
12    authority of the Attorney General Act.
13    (Source: P.A. 90-240, eff. 7-28-97.)

14        (750 ILCS 22/310)
15        Sec.  310.   Duties  of  the  state  information   agency
16    Illinois Department of Public Aid.
17        (a)  Before  the effective date of this amendatory Act of
18    the 92nd General Assembly, the Illinois Department of  Public
19    Aid  is  the state information agency under this Act.  On and
20    after the effective date of this amendatory Act of  the  92nd
21    General   Assembly,   the   Attorney  General  is  the  state
22    information agency under this Act.
23        (b)  The state information agency shall:
24             (1)  compile and maintain a current list,  including
25        addresses,  of  the  tribunals  in  this State which have
26        jurisdiction under this Act and any  support  enforcement
27        agencies  in  this State and transmit a copy to the state
28        information agency of every other state;
29             (2)  maintain a register of  tribunals  and  support
30        enforcement agencies received from other states;
31             (3)  forward  to  the  appropriate  tribunal  in the
32        place in this State in which the  individual  obligee  or
33        the  obligor  resides, or in which the obligor's property
 
                            -205-              LRB9206548DJgc
 1        is believed to be located,  all  documents  concerning  a
 2        proceeding  under  this  Act  received from an initiating
 3        tribunal  or  the  state  information   agency   of   the
 4        initiating state; and
 5             (4)  obtain  information  concerning the location of
 6        the obligor and the obligor's property within this  State
 7        not  exempt  from  execution,  by  such  means  as postal
 8        verification  and  federal  or  state  locator  services,
 9        examination of telephone directories,  requests  for  the
10        obligor's  address  from  employers,  and  examination of
11        governmental  records,  including,  to  the  extent   not
12        prohibited by other law, those relating to real property,
13        vital   statistics,   law  enforcement,  taxation,  motor
14        vehicles, driver's licenses, and social security.
15    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
16    by P.A. 88-691.)

17        (750 ILCS 22/320)
18        Sec. 320. Payment of Support to State Disbursement Unit.
19        (a)  As used in this Section:
20        "Order for support", "obligor",  "obligee",  and  "payor"
21    mean  those  terms  as  defined in the Income Withholding for
22    Support Act, except that "order for support" means  an  order
23    entered  by  any  tribunal  of  this State but shall not mean
24    orders providing for spousal maintenance under which there is
25    no child support obligation.
26        (b)  Notwithstanding any other provision of this  Act  to
27    the  contrary,  each order for support entered or modified on
28    or after October 1, 1999 shall require that support  payments
29    be  made  to  the  State  Disbursement Unit established under
30    Section 7.295 10-26 of  the  Attorney  General  Act  Illinois
31    Public Aid Code if:
32             (1)  a  party  to  the  order is receiving child and
33        spouse support services under Article X of  the  Illinois
 
                            -206-              LRB9206548DJgc
 1        Public  Aid  Code  or  Sections  7.1 through 7.305 of the
 2        Attorney General Act; or
 3             (2)  no party to the order is  receiving  child  and
 4        spouse  support  services,  but  the support payments are
 5        made through income withholding.
 6        (c)  Support  payments  shall  be  made  to   the   State
 7    Disbursement Unit if:
 8             (1)  the   order  for  support  was  entered  before
 9        October 1, 1999, and a party to the  order  is  receiving
10        child  and spouse support services under Article X of the
11        Illinois Public Aid Code or Sections 7.1 through 7.305 of
12        the Attorney General Act; or
13             (2)  no party to the order is  receiving  child  and
14        spouse  support  services,  and  the support payments are
15        being made through income withholding.
16        (c-5)  If no party to the order is  receiving  child  and
17    spouse  support  services  under  Article  X  of the Illinois
18    Public Aid Code or Sections 7.1 through 7.305 of the Attorney
19    General Act, and the support payments are  not  made  through
20    income  withholding,  then  support payments shall be made as
21    directed by the order for support.
22        (c-10)  Within 15 days after the effective date  of  this
23    amendatory  Act  of  the  91st General Assembly, the Illinois
24    Department shall provide written notice to the clerk  of  the
25    circuit  court,  the  obligor,  and,  where  applicable,  the
26    obligor's  payor  to  make payments to the State Disbursement
27    Unit if:
28             (1)  the  order  for  support  was  entered   before
29        October  1,  1999,  and a party to the order is receiving
30        child and spouse support services under Article X of  the
31        Illinois Public Aid Code; or
32             (2)  no  party  to  the order is receiving child and
33        spouse support services, and  the  support  payments  are
34        being made through income withholding.
 
                            -207-              LRB9206548DJgc
 1        (c-15)  Within  15  days after the effective date of this
 2    amendatory Act of the 91st General Assembly, the clerk of the
 3    circuit court shall provide written notice to the obligor  to
 4    make  payments  directly to the clerk of the circuit court if
 5    no party to the order is receiving child and  spouse  support
 6    services under Article X of the Illinois Public Aid Code, the
 7    support payments are not made through income withholding, and
 8    the  order  for  support requires support payments to be made
 9    directly to the clerk of the circuit court.
10        (c-20)  If the State Disbursement Unit receives a support
11    payment that was not appropriately made  to  the  Unit  under
12    this  Section,  the Unit shall immediately return the payment
13    to the sender, including, if possible, instructions detailing
14    where to send the support payments.
15        (d)  The notices required under  subsections  (c-10)  and
16    (c-15)  may  be sent by ordinary mail, certified mail, return
17    receipt   requested,   facsimile   transmission,   or   other
18    electronic process, or may be  served  upon  the  obligor  or
19    payor  using  any  method  provided  by  law for service of a
20    summons.  The Illinois Department of Public Aid shall provide
21    a copy of the notice to the obligee and to the clerk  of  the
22    court.
23    (Source: P.A. 91-677, eff. 1-5-00.)

24        Section  70.  The  Expedited Child Support Act of 1990 is
25    amended by changing Sections 5 and 6 as follows:

26        (750 ILCS 25/5) (from Ch. 40, par. 2705)
27        Sec. 5.   Actions  subject  to  Expedited  Child  Support
28    Hearings.
29        (a)  The  Chief  Judge  of  each  Judicial  Circuit  that
30    establishes  a  System  shall  delegate to the Administrative
31    Hearing Officer the authority to hear the following actions:
32             (1)  Petitions for child  support  and  for  medical
 
                            -208-              LRB9206548DJgc
 1        support,  pursuant  to  Section  505.2  of  the  Illinois
 2        Marriage   and   Dissolution   of   Marriage   Act,   for
 3        post-judgment  dissolution  of marriage and post-judgment
 4        parentage actions where child support or medical  support
 5        was reserved or could not be ordered at the time of entry
 6        of   the  judgment  because  the  court  lacked  personal
 7        jurisdiction over the obligor.
 8             (2)  Petitions for modification of child support and
 9        medical support in post-judgment dissolution of  marriage
10        and post-judgment parentage actions.
11             (3)  Parentage  actions, including the establishment
12        of  child  support  orders  after  parentage   has   been
13        acknowledged.
14             (4)  Actions  for  the  enforcement  of any existing
15        order  for  child   support   or   medical   support   in
16        post-judgment  dissolution  of marriage and post-judgment
17        parentage actions.
18             (5)  Actions for the establishment of child  support
19        and  medical  support  orders  involving  parties who are
20        married and living separately, pursuant to Section 402 of
21        the Marriage and Dissolution of Marriage Act.
22             (6)  Temporary orders for support in any  action  in
23        which  the  custodial parent is a participant in the IV-D
24        program.
25             (7)  Any other child support matter provided for  in
26        the  Plan  for the creation of the System approved by the
27        Illinois Supreme Court.
28             (8)  Actions brought pursuant to Article  X  of  the
29        Illinois Public Aid Code.
30             (9)  Actions   brought   pursuant  to  Sections  7.1
31        through 7.305 of the Attorney General Act.
32        (b)  Notwithstanding the provisions of subsection (a)  of
33    this Section, if the custodial parent is not a participant in
34    the  IV-D program and maintenance is in issue, the case shall
 
                            -209-              LRB9206548DJgc
 1    be presented directly to the court.
 2        (c)  Except as provided in subsection (b), the  Plan  may
 3    provide   that   the  System  be  available  in  pre-judgment
 4    proceedings  for  dissolution  of  marriage,  declaration  of
 5    invalidity of marriage and legal separation.
 6    (Source: P.A. 86-1401.)

 7        (750 ILCS 25/6) (from Ch. 40, par. 2706)
 8        Sec. 6.  Authority of hearing officers.
 9        (a)  With the exception of judicial functions exclusively
10    retained by the court  in  Section  8  of  this  Act  and  in
11    accordance  with  Supreme Court rules promulgated pursuant to
12    this Act, Administrative Hearing Officers shall be authorized
13    to:
14             (1)  Accept  voluntary  agreements  reached  by  the
15        parties setting the amount of child support  to  be  paid
16        and  medical support liability and recommend the entry of
17        orders incorporating such agreements.
18             (2)  Accept voluntary acknowledgments  of  parentage
19        and  recommend  entry  of an order establishing parentage
20        based on such acknowledgement.  Prior to  accepting  such
21        acknowledgment,  the Administrative Hearing Officer shall
22        advise the putative father of his rights and  obligations
23        in   accordance  with  Supreme  Court  rules  promulgated
24        pursuant to this Act.
25             (3)  Manage  all  stages  of  discovery,   including
26        setting  deadlines  by which discovery must be completed;
27        and directing the parties to submit to appropriate  tests
28        pursuant  to  Section 11 of the Illinois Parentage Act of
29        1984.
30             (4)  Cause  notices  to  be  issued  requiring   the
31        Obligor   to  appear  either  before  the  Administrative
32        Hearing Officer or in court.
33             (5)  Administer the oath  or  affirmation  and  take
 
                            -210-              LRB9206548DJgc
 1        testimony under oath or affirmation.
 2             (6)  Analyze   the   evidence  and  prepare  written
 3        recommendations based on such evidence, including but not
 4        limited to: (i) proposed findings as to the amount of the
 5        Obligor's income; (ii) proposed findings as to the amount
 6        and nature of appropriate deductions from  the  Obligor's
 7        income  to  determine  the  Obligor's  net  income; (iii)
 8        proposed findings as to the existence of relevant factors
 9        as set forth in subsection (a)(2) of Section 505  of  the
10        Illinois  Marriage and Dissolution of Marriage Act, which
11        justify setting child support  payment  levels  above  or
12        below   the   guidelines;  (iv)  recommended  orders  for
13        temporary child support; (v) recommended  orders  setting
14        the  amount  of  current  child  support to be paid; (vi)
15        proposed findings as to the existence and amount  of  any
16        arrearages;   (vii)   recommended   orders  reducing  any
17        arrearages to judgement and for the  payment  of  amounts
18        towards  such  arrearages; (viii) proposed findings as to
19        whether  there  has  been   a   substantial   change   of
20        circumstances  since  the entry of the last child support
21        order, or other circumstances justifying  a  modification
22        of the child support order; and (ix) proposed findings as
23        to whether the Obligor is employed.
24             (7)  With  respect  to any unemployed Obligor who is
25        not making child support payments or is otherwise  unable
26        to provide support, recommend that the Obligor be ordered
27        to  seek employment and report periodically of his or her
28        efforts in accordance with such order. Additionally,  the
29        Administrative  Hearing  Officer  may  recommend that the
30        Obligor  be  ordered  to  report  to  the  Department  of
31        Employment Security for job search services  or  to  make
32        application  with the local Job Jobs Training Partnership
33        Act provider for participation in job search, training or
34        work programs and, where the duty of support is owed to a
 
                            -211-              LRB9206548DJgc
 1        child receiving support services under Article X  of  the
 2        Illinois Public Aid Code or Sections 7.1 through 7.305 of
 3        the  Attorney  General  Act,  the  Administrative Hearing
 4        Officer may recommend that  the  Obligor  be  ordered  to
 5        report  to  the  Illinois  Department  of  Human Services
 6        Public Aid for participation in the job search,  training
 7        or  work  programs  established  under  Section  9-6  and
 8        Article IXA of the Illinois Public Aid Code.; and
 9             (8)  Recommend   the  registration  of  any  foreign
10        support judgments or orders as the judgments or orders of
11        Illinois.
12        (b)  In  any  case  in   which   the   Obligee   is   not
13    participating  in  the  IV-D  program  or  has not applied to
14    participate in the IV-D program, the  Administrative  Hearing
15    Officer shall:
16             (1)  inform the Obligee of the existence of the IV-D
17        program and provide applications on request; and
18             (2)  inform  the  Obligee  and  the  Obligor  of the
19        option of requesting payment to be made through the Clerk
20        of the Circuit Court.
21        If a request for payment through the Clerk is  made,  the
22    Administrative  Hearing  Officer  shall note this fact in the
23    recommendations to the court.
24        (c)  The  Administrative   Hearing   Officer   may   make
25    recommendations  in addition to the proposed findings of fact
26    and recommended order to which the parties have agreed.
27    (Source: P.A. 86-1401; revised 2-23-00.)

28        Section 72.  The Income Withholding for  Support  Act  is
29    amended by changing Sections 15, 35, and 45 as follows:

30        (750 ILCS 28/15)
31        Sec. 15.  Definitions.
32        (a)  "Order  for  support"  means  any order of the court
 
                            -212-              LRB9206548DJgc
 1    which provides for periodic payment of funds for the  support
 2    of  a  child or maintenance of a spouse, whether temporary or
 3    final, and includes any such order which provides for:
 4             (1)  modification or resumption of,  or  payment  of
 5        arrearage accrued under, a previously existing order;
 6             (2)  reimbursement of support;
 7             (3)  payment  or  reimbursement  of  the expenses of
 8        pregnancy and delivery (for orders  for  support  entered
 9        under   the   Illinois  Parentage  Act  of  1984  or  its
10        predecessor the Paternity Act); or
11             (4)  enrollment in a health insurance plan  that  is
12        available  to  the  obligor  through an employer or labor
13        union or trade union.
14        (b)  "Arrearage" means the total amount of unpaid support
15    obligations as determined by the court and incorporated  into
16    an order for support.
17        (b-5)  "Business  day" means a day on which State offices
18    are open for regular business.
19        (c)  "Delinquency" means any payment under an  order  for
20    support  which  becomes due and remains unpaid after entry of
21    the order for support.
22        (d)  "Income" means any form of periodic  payment  to  an
23    individual,  regardless of source, including, but not limited
24    to: wages, salary, commission, compensation as an independent
25    contractor,  workers'  compensation,   disability,   annuity,
26    pension,  and  retirement  benefits,  lottery  prize  awards,
27    insurance  proceeds,  vacation  pay,  bonuses, profit-sharing
28    payments, interest, and  any  other  payments,  made  by  any
29    person, private entity, federal or state government, any unit
30    of local government, school district or any entity created by
31    Public Act; however, "income" excludes:
32             (1)  any  amounts  required  by  law to be withheld,
33        other than creditor claims, including,  but  not  limited
34        to,  federal,  State and local taxes, Social Security and
 
                            -213-              LRB9206548DJgc
 1        other retirement and disability contributions;
 2             (2)  union dues;
 3             (3)  any amounts exempted by  the  federal  Consumer
 4        Credit Protection Act;
 5             (4)  public assistance payments; and
 6             (5)  unemployment   insurance   benefits  except  as
 7        provided by law.
 8        Any other State or  local  laws  which  limit  or  exempt
 9    income  or  the  amount  or  percentage of income that can be
10    withheld shall not apply.
11        (e)  "Obligor" means the individual who owes  a  duty  to
12    make payments under an order for support.
13        (f)  "Obligee"  means  the  individual  to whom a duty of
14    support is owed or the individual's legal representative.
15        (g)  "Payor" means any payor of income to an obligor.
16        (h)  "Public office" means any elected  official  or  any
17    State  or  local agency which is or may become responsible by
18    law for enforcement of, or which is or may become  authorized
19    to  enforce, an order for support, including, but not limited
20    to: the Attorney General, the Illinois Department  of  Public
21    Aid,  the Illinois Department of Human Services, the Illinois
22    Department of Children and Family Services, and  the  various
23    State's   Attorneys,   Clerks   of   the  Circuit  Court  and
24    supervisors of general assistance.
25        (i)  "Premium" means the  dollar  amount  for  which  the
26    obligor  is  liable  to  his employer or labor union or trade
27    union and which must be paid to enroll or maintain a child in
28    a health insurance plan that  is  available  to  the  obligor
29    through an employer or labor union or trade union.
30        (j)  "State Disbursement Unit" means the unit established
31    to  collect  and disburse support payments in accordance with
32    the provisions of Section 7.295 10-26 of the Attorney General
33    Act Illinois Public Aid Code.
34    (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A.  90-790,
 
                            -214-              LRB9206548DJgc
 1    eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)

 2        (750 ILCS 28/35)
 3        Sec. 35.  Duties of payor.
 4        (a)  It  shall  be  the  duty  of  any payor who has been
 5    served with an income withholding notice to  deduct  and  pay
 6    over  income  as  provided  in this Section.  The payor shall
 7    deduct  the  amount  designated  in  the  income  withholding
 8    notice, as supplemented by any notice  provided  pursuant  to
 9    subsection  (f)  of  Section  45, beginning no later than the
10    next payment of income which is payable or creditable to  the
11    obligor  that  occurs  14  days following the date the income
12    withholding notice was mailed, sent  by  facsimile  or  other
13    electronic  means,  or  placed  for  personal  delivery to or
14    service on the payor.  The  payor  may  combine  all  amounts
15    withheld  for the benefit of an obligee or public office into
16    a single payment and transmit the payment with a  listing  of
17    obligors  from  whom withholding has been effected. The payor
18    shall pay the amount withheld to the State Disbursement  Unit
19    within  7  business days after the date the amount would (but
20    for the duty to withhold income) have been paid  or  credited
21    to  the  obligor.  If  the  payor  knowingly fails to pay any
22    amount withheld to  the  State  Disbursement  Unit  within  7
23    business  days after the date the amount would have been paid
24    or credited to the obligor, the payor shall pay a penalty  of
25    $100 for each day that the withheld amount is not paid to the
26    State  Disbursement  Unit after the period of 7 business days
27    has expired.  The failure  of  a  payor,  on  more  than  one
28    occasion,  to  pay amounts withheld to the State Disbursement
29    Unit within 7 business days after the date the  amount  would
30    have   been  paid  or  credited  to  the  obligor  creates  a
31    presumption that the payor knowingly failed to pay  over  the
32    amounts.   This penalty, along with any amount required to be
33    withheld and paid,  may be collected in a civil action  which
 
                            -215-              LRB9206548DJgc
 1    may  be  brought against the payor in favor of the obligee or
 2    public office. A finding of a payor's  nonperformance  within
 3    the  time  required  under  this  Act must be documented by a
 4    certified mail return receipt showing  the  date  the  income
 5    withholding  notice  was served on the payor. For purposes of
 6    this Act, a withheld amount shall be  considered  paid  by  a
 7    payor  on  the date it is mailed by the payor, or on the date
 8    an electronic funds transfer of the amount has been initiated
 9    by the payor, or on the date delivery of the amount has  been
10    initiated  by  the payor. For each deduction, the payor shall
11    provide  the  State  Disbursement  Unit,  at  the   time   of
12    transmittal, with the date the amount would (but for the duty
13    to  withhold  income)  have  been  paid  or  credited  to the
14    obligor. The payor shall not be required to vary  the  normal
15    pay  and  disbursement  cycles  in  order to comply with this
16    paragraph.
17        After June 30, 2000, every payor that  has  250  or  more
18    employees  shall  use  electronic  funds  transfer to pay all
19    amounts withheld under this Section.  During  the  year  2001
20    and  during  each year thereafter, every payor that has fewer
21    than 250  employees  and  that  withheld  income  under  this
22    Section  pursuant  to  10  or more income withholding notices
23    during December of the preceding year  shall  use  electronic
24    funds  transfer  to  pay  all  amounts  withheld  under  this
25    Section.
26        Upon  receipt  of  an income withholding notice requiring
27    that a minor child be named as  a  beneficiary  of  a  health
28    insurance  plan  available through an employer or labor union
29    or trade union, the employer or labor union  or  trade  union
30    shall  immediately enroll the minor child as a beneficiary in
31    the  health  insurance  plan   designated   by   the   income
32    withholding  notice. The employer shall withhold any required
33    premiums and  pay  over  any  amounts  so  withheld  and  any
34    additional amounts the employer pays to the insurance carrier
 
                            -216-              LRB9206548DJgc
 1    in  a  timely  manner.   The employer or labor union or trade
 2    union shall mail to the obligee, within 15 days of enrollment
 3    or upon request, notice of the date of coverage,  information
 4    on  the  dependent  coverage plan, and all forms necessary to
 5    obtain reimbursement for covered  health  expenses,  such  as
 6    would  be made available to a new employee. When an order for
 7    dependent coverage is in effect and the insurance coverage is
 8    terminated or changed for any reason, the employer  or  labor
 9    union  or trade union shall notify the obligee within 10 days
10    of the termination  or  change  date  along  with  notice  of
11    conversion privileges.
12        For withholding of income, the payor shall be entitled to
13    receive a fee not to exceed $5 per month to be taken from the
14    income to be paid to the obligor.
15        (b)  Whenever  the  obligor is no longer receiving income
16    from the payor, the payor shall return a copy of  the  income
17    withholding  notice to the obligee or public office and shall
18    provide information for the purpose of enforcing this Act.
19        (c)  Withholding of income under this Act shall  be  made
20    without  regard  to  any  prior  or  subsequent garnishments,
21    attachments,  wage  assignments,  or  any  other  claims   of
22    creditors.  Withholding of income under this Act shall not be
23    in  excess of the maximum amounts permitted under the federal
24    Consumer Credit Protection Act. If the payor has been  served
25    with  more  than  one income withholding notice pertaining to
26    the same obligor, the payor shall allocate  income  available
27    for  withholding  on  a  proportionate  share  basis,  giving
28    priority to current support payments.  If there is any income
29    available  for  withholding after withholding for all current
30    support obligations, the payor shall allocate the  income  to
31    past  due  support  payments  ordered  in cases in which cash
32    assistance under the Illinois Public Aid Code  is  not  being
33    provided to the obligee and then to past due support payments
34    ordered  in cases in which cash assistance under the Illinois
 
                            -217-              LRB9206548DJgc
 1    Public Aid Code is being provided to the obligee, both  on  a
 2    proportionate  share  basis.  A  payor  who  complies with an
 3    income withholding notice that is regular on its  face  shall
 4    not  be  subject  to  civil  liability  with  respect  to any
 5    individual, any agency, or any creditor of  the  obligor  for
 6    conduct in compliance with the notice.
 7        (d)  No payor shall discharge, discipline, refuse to hire
 8    or  otherwise  penalize  any  obligor  because of the duty to
 9    withhold income.
10    (Source: P.A. 90-673,  eff.  1-1-99;  91-212,  eff.  7-20-99;
11    91-677, eff. 1-5-00.)

12        (750 ILCS 28/45)
13        Sec. 45.  Additional duties.
14        (a)  An  obligee  who  is  receiving  income  withholding
15    payments  under  this Act shall notify the State Disbursement
16    Unit and the Clerk of the Circuit  Court  of  any  change  of
17    address within 7 days of such change.
18        (b)  An  obligee  who  is a recipient of public aid shall
19    send a copy of any income withholding notice  served  by  the
20    obligee  to  the  Attorney  General Division of Child Support
21    Enforcement of the Illinois Department of Public Aid.
22        (c)  Each obligor shall notify the  obligee,  the  public
23    office,  and  the Clerk of the Circuit Court of any change of
24    address within 7 days.
25        (d)  An obligor whose income is being  withheld  pursuant
26    to  this Act shall notify the obligee, the public office, and
27    the Clerk of the Circuit Court of any  new  payor,  within  7
28    days.
29        (e)  (Blank.)
30        (f)  The obligee or public office shall provide notice to
31    the payor and Clerk of the Circuit Court of any other support
32    payment  made,  including but not limited to, a set-off under
33    federal and State law or partial payment of  the  delinquency
 
                            -218-              LRB9206548DJgc
 1    or arrearage, or both.
 2        (g)  The State Disbursement Unit shall maintain complete,
 3    accurate,   and  clear  records  of  all  income  withholding
 4    payments  and  their  disbursements.   Certified  copies   of
 5    payment  records maintained by the State Disbursement Unit, a
 6    public office, or the  Clerk  of  the  Circuit  Court  shall,
 7    without further proof, be admitted into evidence in any legal
 8    proceedings under this Act.
 9        (h)  The  Illinois  Department  of Public Aid (before the
10    effective date of this amendatory Act  of  the  92nd  General
11    Assembly)  or  the  Attorney General (on and after that date)
12    shall design suggested legal forms for proceeding under  this
13    Act  and  shall  make  available to the courts such forms and
14    informational materials which  describe  the  procedures  and
15    remedies  set forth herein for distribution to all parties in
16    support actions.
17        (i)  At the time of transmitting  each  support  payment,
18    the  State  Disbursement  Unit  shall  provide the obligee or
19    public office, as appropriate, with any information furnished
20    by the payor as to the date the amount  would  (but  for  the
21    duty  to  withhold  income) have been paid or credited to the
22    obligor.
23    (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A.  90-790,
24    eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)

25        Section  75.  The  Illinois  Parentage  Act  of  1984  is
26    amended  by changing Sections 4.1, 5, 6, 8, 11, 13, 13.1, 14,
27    14.1, 15.1, 18, 21, 21.1, 22, and 23 as follows:

28        (750 ILCS 45/4.1)
29        Sec.  4.1.   Administrative   paternity   determinations.
30    Notwithstanding  any  other provision of this Act, before the
31    effective date of this amendatory Act  of  the  92nd  General
32    Assembly,  the  Illinois  Department  of  Public Aid may make
 
                            -219-              LRB9206548DJgc
 1    administrative determinations of paternity  and  nonpaternity
 2    in accordance with Section 10-17.7 of the Illinois Public Aid
 3    Code.   On and after that date, the Attorney General may make
 4    those determinations in accordance with Section 7.210 of  the
 5    Attorney  General  Act.  These determinations of paternity or
 6    nonpaternity  shall  have  the  full  force  and  effect   of
 7    judgments entered under this Act.
 8    (Source: P.A. 88-687, eff. 1-24-95.)

 9        (750 ILCS 45/5) (from Ch. 40, par. 2505)
10        Sec. 5.  Presumption of Paternity.
11        (a)  A  man  is  presumed  to  be the natural father of a
12    child if:
13             (1)  he and the child's natural mother are  or  have
14        been  married  to each other, even though the marriage is
15        or could be declared invalid, and the child  is  born  or
16        conceived during such marriage;
17             (2)  after  the  child's  birth,  he and the child's
18        natural mother have married each other, even  though  the
19        marriage  is  or  could  be  declared  invalid, and he is
20        named, with his written consent, as the child's father on
21        the child's birth certificate;
22             (3)  he and the child's natural mother  have  signed
23        an  acknowledgment of paternity before the effective date
24        of this amendatory Act of the 92nd  General  Assembly  in
25        accordance  with rules adopted by the Illinois Department
26        of Public Aid  under  Section  10-17.7  of  the  Illinois
27        Public  Aid Code or have signed such an acknowledgment on
28        or after that date in accordance with  rules  adopted  by
29        the  Attorney General under Section 7.210 of the Attorney
30        General Act; or
31             (4)  he and the child's natural mother  have  signed
32        an  acknowledgment of parentage or, if the natural father
33        is someone other than one presumed to be the father under
 
                            -220-              LRB9206548DJgc
 1        this Section, an acknowledgment of parentage  and  denial
 2        of  paternity  in accordance with Section 12 of the Vital
 3        Records Act.
 4        (b)  A presumption under subdivision (a)(1) or (a)(2)  of
 5    this  Section  may  be  rebutted only by clear and convincing
 6    evidence.  A presumption under subdivision (a)(3)  or  (a)(4)
 7    is  conclusive,  unless  the  acknowledgment  of parentage is
 8    rescinded under the process provided in  Section  12  of  the
 9    Vital Records Act, upon the earlier of:
10             (1)  60  days  after  the date the acknowledgment of
11        parentage is signed, or
12             (2)  the  date  of  an  administrative  or  judicial
13        proceeding relating to the child (including a  proceeding
14        to establish a support order) in which the signatory is a
15        party;
16    except  that  if  a  minor  has  signed the acknowledgment of
17    paternity  or  acknowledgment  of  parentage  and  denial  of
18    paternity, the presumption becomes conclusive 6 months  after
19    the minor reaches majority or is otherwise emancipated.
20    (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)

21        (750 ILCS 45/6) (from Ch. 40, par. 2506)
22        Sec.  6.   Establishment of Parent and Child Relationship
23    by Consent of the Parties.
24        (a)  A parent and child relationship may  be  established
25    voluntarily  by  the  signing  and  witnessing of a voluntary
26    acknowledgment of parentage in accordance with Section 12  of
27    the  Vital  Records  Act  or  Section 10-17.7 of the Illinois
28    Public Aid Code or Section 7.210 of the Attorney General Act.
29    The voluntary acknowledgment of parentage shall  contain  the
30    social  security numbers of the persons signing the voluntary
31    acknowledgment of parentage; however, failure to include  the
32    social  security  numbers  of the persons signing a voluntary
33    acknowledgment of parentage does not invalidate the voluntary
 
                            -221-              LRB9206548DJgc
 1    acknowledgment of parentage.
 2             (1)  A parent-child relationship may be  established
 3        in  the  event  of  surrogacy  if  all  of  the following
 4        conditions are met prior to the birth of the child:
 5                  (A)  The surrogate mother certifies that she is
 6             not the biological mother of the child, and that she
 7             is carrying  the  child  of  the  biological  father
 8             (sperm  donor)  and  of  the  biological mother (egg
 9             donor).
10                  (B)  The husband,  if  any,  of  the  surrogate
11             mother  certifies  that  he  is  not  the biological
12             father of the child and that the child  is  that  of
13             the  biological  father  (sperm  donor)  and  of the
14             biological mother (egg donor).
15                  (C)  The biological mother certifies  that  she
16             donated  the  egg from which the child being carried
17             by the surrogate mother was conceived.
18                  (D)  The biological father  certifies  that  he
19             donated the sperm from which the child being carried
20             by the surrogate mother was conceived.
21                  (E)  A  physician licensed to practice medicine
22             in  all  its  branches  in  the  State  of  Illinois
23             certifies  that  the  child  being  carried  by  the
24             surrogate mother is  the  biological  child  of  the
25             biological  mother (egg donor) and biological father
26             (sperm donor), and that neither the surrogate mother
27             nor the surrogate mother's husband,  if  any,  is  a
28             biological  parent of the child being carried by the
29             surrogate mother.
30                  (F)  All certifications shall be in writing and
31             witnessed by 2 competent  adults  who  are  not  the
32             surrogate  mother,  surrogate  mother's  husband, if
33             any,  biological  mother,  or   biological   father.
34             Certifications  shall  be on forms prescribed by the
 
                            -222-              LRB9206548DJgc
 1             Illinois  Department  of  Public  Health,  shall  be
 2             executed prior to the birth of the child, and  shall
 3             be  placed  in  the medical records of the surrogate
 4             mother prior to the birth of the child.   Copies  of
 5             all   certifications   shall  be  delivered  to  the
 6             Illinois Department of Public Health  prior  to  the
 7             birth of the child.
 8             (2)  Unless  otherwise  determined  by  order of the
 9        Circuit Court, the child shall  be  presumed  to  be  the
10        child  of  the  surrogate  mother  and  of  the surrogate
11        mother's  husband,  if  any,  if  all   requirements   of
12        subdivision  (a)(1) are not met prior to the birth of the
13        child. This presumption may  be  rebutted  by  clear  and
14        convincing  evidence.   The  circuit  court may order the
15        surrogate mother, surrogate mother's husband,  biological
16        mother,  biological  father,  and child to submit to such
17        medical examinations  and  testing  as  the  court  deems
18        appropriate.
19        (b)  Notwithstanding  any  other  provisions of this Act,
20    paternity established in accordance with subsection  (a)  has
21    the  full  force  and effect of a judgment entered under this
22    Act and serves as a basis for seeking a child  support  order
23    without any further proceedings to establish paternity.
24        (c)  A  judicial  or  administrative proceeding to ratify
25    paternity established in accordance with  subsection  (a)  is
26    neither required nor permitted.
27        (d)  A  signed  acknowledgment of paternity entered under
28    this Act may be challenged in court  only  on  the  basis  of
29    fraud,  duress,  or material mistake of fact, with the burden
30    of proof upon the challenging party.  Pending outcome of  the
31    challenge  to  the  acknowledgment  of  paternity,  the legal
32    responsibilities of the  signatories  shall  remain  in  full
33    force  and  effect,  except  upon  order  of the court upon a
34    showing of good cause.
 
                            -223-              LRB9206548DJgc
 1        (e)  Once a parent and child relationship is  established
 2    in  accordance  with subsection (a), an order for support may
 3    be established pursuant to a petition to establish  an  order
 4    for  support  by  consent filed with the clerk of the circuit
 5    court.  A copy of the properly  completed  acknowledgment  of
 6    parentage  form  shall  be  attached  to  the  petition.  The
 7    petition shall ask that the circuit court enter an order  for
 8    support.   The petition may ask that an order for visitation,
 9    custody,  or  guardianship  be  entered.   The   filing   and
10    appearance fees provided under the Clerks of Courts Act shall
11    be  waived  for  all  cases  in  which  an  acknowledgment of
12    parentage form has been properly completed by the parties and
13    in which a petition to establish  an  order  for  support  by
14    consent  has  been filed with the clerk of the circuit court.
15    This subsection shall not be construed to prohibit filing any
16    petition for child support, visitation, or custody under this
17    Act, the Illinois Marriage and Dissolution of  Marriage  Act,
18    or  the  Non-Support  Punishment  Act.  This subsection shall
19    also not be construed to  prevent  the  establishment  of  an
20    administrative  support  order  in  cases  involving  persons
21    receiving  child support enforcement services under Article X
22    of the Illinois Public Aid Code or under Sections 7.1 through
23    7.305 of the Attorney General Act.
24    (Source: P.A.  90-18,  eff.  7-1-97;  91-308,  eff.  7-29-99;
25    91-613, eff. 10-1-99; revised 9-28-99.)

26        (750 ILCS 45/8) (from Ch. 40, par. 2508)
27        Sec. 8.  Statute of limitations.
28        (a) (1)  An action brought by or on behalf of a child, an
29        action  brought by a party alleging that he or she is the
30        child's natural parent,  or  an  action  brought  by  the
31        Illinois  Department of Public Aid, if it is providing or
32        has provided financial support to the child or if  it  is
33        assisting  with  child support collection services, shall
 
                            -224-              LRB9206548DJgc
 1        be barred if brought later than 2 years after  the  child
 2        reaches  the  age  of majority; however, if the action on
 3        behalf of the child is brought by a public agency,  other
 4        than  the  Illinois  Department  of  Public  Aid if it is
 5        providing or has provided financial support to the  child
 6        or  if  it  is  assisting  with  child support collection
 7        services, it shall be barred 2 years after the agency has
 8        ceased to provide assistance to the child.  This  Section
 9        also  applies to any child for whom paternity has not yet
10        been established and  any  child  for  whom  a  paternity
11        action  was  previously  dismissed  under  a  statute  of
12        limitations.
13             (2)  Failure to bring an action within 2 years shall
14        not  bar any party from asserting a defense in any action
15        to declare the non-existence  of  the  parent  and  child
16        relationship.
17             (3)  An  action  to declare the non-existence of the
18        parent and child relationship  brought  under  subsection
19        (b)  of  Section 7 of this Act shall be barred if brought
20        later than 2 years after the petitioner obtains knowledge
21        of relevant facts. The  2-year  period  for  bringing  an
22        action  to  declare  the  nonexistence  of the parent and
23        child relationship shall not extend beyond  the  date  on
24        which  the  child reaches the age of 18 years. Failure to
25        bring an action within 2 years shall not  bar  any  party
26        from  asserting  a  defense  in any action to declare the
27        existence of the parent and child relationship.
28             (4)  An action to declare the non-existence  of  the
29        parent  and  child  relationship brought under subsection
30        (b-5) of Section 7 of this Act shall be barred if brought
31        more than 6 months  after  the  effective  date  of  this
32        amendatory  Act  of  1998  or more than 2 years after the
33        petitioner obtains actual knowledge  of  relevant  facts,
34        whichever is later.  The 2-year period shall not apply to
 
                            -225-              LRB9206548DJgc
 1        periods  of  time  where  the natural mother or the child
 2        refuses to submit to deoxyribonucleic acid  (DNA)  tests.
 3        The  2-year  period for bringing an action to declare the
 4        nonexistence of the parent and child  relationship  shall
 5        not extend beyond the date on which the child reaches the
 6        age  of  18  years.  Failure  to bring an action within 2
 7        years shall not bar any party from asserting a defense in
 8        any action to declare the existence  of  the  parent  and
 9        child relationship.
10        (b)  The  time  during  which any party is not subject to
11    service of  process  or  is  otherwise  not  subject  to  the
12    jurisdiction  of  the  courts  of  this  State shall toll the
13    aforementioned periods.
14        (c)  This Act does not affect the time within  which  any
15    rights  under  the Probate Act of 1975 may be asserted beyond
16    the time provided by law relating to distribution and closing
17    of decedent's estates or to the determination of heirship, or
18    otherwise.
19    (Source: P.A.  89-674,  eff.  8-14-96;  90-18,  eff.  7-1-97;
20    90-715, eff. 8-7-98.)

21        (750 ILCS 45/11) (from Ch. 40, par. 2511)
22        Sec. 11.  Tests to determine inherited characteristics.
23        (a)  As soon as practicable, the court or  Administrative
24    Hearing Officer in an Expedited Child Support System may, and
25    upon  request  of  a party shall, order or direct the mother,
26    child and alleged father to submit to  deoxyribonucleic  acid
27    (DNA)  tests  to  determine inherited characteristics. If any
28    party refuses to submit to the tests, the court  may  resolve
29    the  question  of paternity against that party or enforce its
30    order if the rights of others and the interests of justice so
31    require.
32        (b)  The tests shall be conducted by an expert  qualified
33    as  an examiner of blood or tissue types and appointed by the
 
                            -226-              LRB9206548DJgc
 1    court. The expert shall  determine  the  testing  procedures.
 2    However,  any  interested  party,  for  good  cause shown, in
 3    advance of the scheduled tests,  may  request  a  hearing  to
 4    object  to  the  qualifications  of the expert or the testing
 5    procedures. The expert appointed by the court  shall  testify
 6    at   the  pre-test  hearing  at  the  expense  of  the  party
 7    requesting the hearing, except as provided in subsection  (h)
 8    of  this  Section  for  an  indigent  party.  An  expert  not
 9    appointed  by the court shall testify at the pre-test hearing
10    at the expense of the party  retaining  the  expert.  Inquiry
11    into an expert's qualifications at the pre-test hearing shall
12    not affect either parties' right to have the expert qualified
13    at trial.
14        For  tests  conducted  at  the  request  of  the Attorney
15    General,  the  Attorney  General  shall  identify   and   use
16    laboratories  that perform, at a reasonable cost, legally and
17    medically acceptable genetic tests that tend to identify  the
18    father  or  exclude the alleged father.  The Attorney General
19    shall employ competitive procedures for identifying and using
20    the laboratories. The Attorney General shall make the list of
21    those laboratories available to  court  and  law  enforcement
22    officials and, upon request, to the public.
23        (c)  The  expert  shall  prepare  a written report of the
24    test results. If the  test  results  show  that  the  alleged
25    father  is  not excluded, the report shall contain a combined
26    paternity index relating to  the  probability  of  paternity.
27    The expert may be called by the court as a witness to testify
28    to  his  or  her findings and, if called, shall be subject to
29    cross-examination by the parties. If the  test  results  show
30    that  the  alleged  father  is  not  excluded,  any party may
31    demand that other experts, qualified as examiners of blood or
32    tissue types, perform independent tests under order of court,
33    including, but not limited to, blood types or other tests  of
34    genetic  markers  such  as  those  found  by  Human Leucocyte
 
                            -227-              LRB9206548DJgc
 1    Antigen (HLA) tests.  The results of the tests may be offered
 2    into evidence. The number and qualifications of  the  experts
 3    shall be determined by the court.
 4        (d)  Documentation  of  the chain of custody of the blood
 5    or  tissue  samples,   accompanied   by   an   affidavit   or
 6    certification in accordance with Section 1-109 of the Code of
 7    Civil Procedure, is competent evidence to establish the chain
 8    of custody.
 9        (e)  The  report  of  the  test  results  prepared by the
10    appointed  expert  shall  be  made   by   affidavit   or   by
11    certification  as  provided  in  Section 1-109 of the Code of
12    Civil Procedure and shall be mailed to all parties.  A  proof
13    of  service  shall  be  filed  with  the court.  The verified
14    report shall be  admitted  into  evidence  at  trial  without
15    foundation  testimony  or  other  proof  of  authenticity  or
16    accuracy,   unless   a   written   motion   challenging   the
17    admissibility  of  the report is filed by either party within
18    28 days of receipt  of  the  report,  in  which  case  expert
19    testimony  shall  be  required.  A  party may not file such a
20    motion challenging the admissibility of the report later than
21    28 days before commencement of trial. Before trial, the court
22    shall determine whether the  motion  is  sufficient  to  deny
23    admission  of  the  report  by verification.  Failure to make
24    that timely motion constitutes  a  waiver  of  the  right  to
25    object  to admission by verification and shall not be grounds
26    for a continuance of the hearing to determine paternity.
27        (f)  Tests taken pursuant to this Section shall have  the
28    following effect:
29             (1)  If  the  court finds that the conclusion of the
30        expert or experts, as disclosed  by  the  evidence  based
31        upon  the  tests,  is  that the alleged father is not the
32        parent of the child, the question of paternity  shall  be
33        resolved accordingly.
34             (2)  If  the  experts  disagree in their findings or
 
                            -228-              LRB9206548DJgc
 1        conclusions, the question shall  be  weighed  with  other
 2        competent evidence of paternity.
 3             (3)  If  the  tests  show that the alleged father is
 4        not excluded and that the  combined  paternity  index  is
 5        less  than  500  to 1, this evidence shall be admitted by
 6        the court and  shall  be  weighed  with  other  competent
 7        evidence of paternity.
 8             (4)  If  the  tests  show that the alleged father is
 9        not excluded and that the combined paternity index is  at
10        least  500 to 1, the alleged father is presumed to be the
11        father,  and  this  evidence  shall  be  admitted.   This
12        presumption  may  be  rebutted  by  clear  and convincing
13        evidence.
14        (g)  Any presumption of parentage as set forth in Section
15    5 of this Act  is  rebutted  if  the  court  finds  that  the
16    conclusion of the expert or experts excludes paternity of the
17    presumed father.
18        (h)  The  expense of the tests shall be paid by the party
19    who requests the tests.  Where the tests are requested by the
20    party seeking to establish paternity and that party is  found
21    to be indigent by the court, the expense shall be paid by the
22    public  agency  providing representation; except that where a
23    public agency is not providing  representation,  the  expense
24    shall  be  paid by the county in which the action is brought.
25    Where the tests are ordered by the court on its own motion or
26    are requested by the alleged  or  presumed  father  and  that
27    father  is  found  to  be  indigent by the court, the expense
28    shall be paid by the county in which the action  is  brought.
29    Any  part of the expense may be taxed as costs in the action,
30    except that no costs may be taxed  against  a  public  agency
31    that has not requested the tests.
32        (i)  The compensation of each expert witness appointed by
33    the court shall be paid as provided in subsection (h) of this
34    Section.   Any  part  of the payment may be taxed as costs in
 
                            -229-              LRB9206548DJgc
 1    the action, except that no  costs  may  be  taxed  against  a
 2    public  agency  that  has  not  requested the services of the
 3    expert witness.
 4        (j)  Nothing in this Section shall prevent any party from
 5    obtaining tests of his or her own blood or tissue independent
 6    of those ordered by  the  court  or  from  presenting  expert
 7    testimony  interpreting  those tests or any other blood tests
 8    ordered  pursuant  to  this  Section.  Reports  of  all   the
 9    independent  tests, accompanied by affidavit or certification
10    pursuant to Section 1-109 of the Code of Civil Procedure, and
11    notice of any expert witnesses to be called to testify to the
12    results of those tests shall be submitted to all  parties  at
13    least  30  days before any hearing set to determine the issue
14    of parentage.
15    (Source: P.A. 87-428; 87-435; 88-353; 88-687, eff. 1-24-95.)

16        (750 ILCS 45/13) (from Ch. 40, par. 2513)
17        Sec. 13.  Civil Action.
18        (a)  An action under this Act is a civil action  governed
19    by  the provisions of the "Code of Civil Procedure", approved
20    August 19, 1981, as amended,  and  the  Supreme  Court  rules
21    applicable  thereto, except where otherwise specified in this
22    Act.
23        (b)  Trial by jury is not available under this Act.
24        (c)  Certified copies of the bills for costs incurred for
25    pregnancy, and  childbirth,  and  genetic  testing  shall  be
26    admitted   into   evidence   at  judicial  or  administrative
27    proceedings   without   requiring   third-party    foundation
28    testimony  and  shall  constitute  prima  facie  evidence  of
29    amounts  incurred for those services or for testing on behalf
30    of the child or other proof of authenticity or accuracy.
31    (Source: P.A. 90-18, eff. 7-1-97.)

32        (750 ILCS 45/13.1)
 
                            -230-              LRB9206548DJgc
 1        Sec.  13.1.    Temporary   order   for   child   support.
 2    Notwithstanding  any  other  law to the contrary, pending the
 3    outcome of a judicial determination of parentage,  the  court
 4    shall  issue a temporary order for child support, upon motion
 5    by a party and a showing of clear and convincing evidence  of
 6    paternity  based  on  genetic test results or other evidence.
 7    In determining the amount  of  the  temporary  child  support
 8    award,  the  court shall use the guidelines and standards set
 9    forth in subsection (a) of Section 505 and in  Section  505.2
10    of the Illinois Marriage and Dissolution of Marriage Act.
11        Any  new  or  existing support order entered by the court
12    under this  Section  shall  be  deemed  to  be  a  series  of
13    judgments   against  the  person  obligated  to  pay  support
14    thereunder, each such judgment to be in the  amount  of  each
15    payment  or  installment  of  support and each judgment to be
16    deemed entered as of the date the  corresponding  payment  or
17    installment becomes due under the terms of the support order.
18    Each  such  judgment  shall  have the full force, effect, and
19    attributes of any other judgment of this State, including the
20    ability to be enforced.  Any  such  judgment  is  subject  to
21    modification  or  termination only in accordance with Section
22    510 of the Illinois Marriage and Dissolution of Marriage Act.
23    A lien arises by  operation  of  law  against  the  real  and
24    personal   property  of  the  noncustodial  parent  for  each
25    installment of  overdue  support  owed  by  the  noncustodial
26    parent.
27        All  orders  for support, when entered or modified, shall
28    include a provision requiring  the  non-custodial  parent  to
29    notify  the court, and in cases in which a party is receiving
30    child and spouse support services  under  Article  X  of  the
31    Illinois  Public Aid Code or under Sections 7.1 through 7.305
32    of the Attorney  General  Act,  the  Illinois  Department  of
33    Public  Aid (before the effective date of this amendatory Act
34    of the 92nd General Assembly) or the Attorney General (on and
 
                            -231-              LRB9206548DJgc
 1    after that date), within 7 days, (i) of  the  name,  address,
 2    and telephone number of any new employer of the non-custodial
 3    parent,  (ii)  whether the non-custodial parent has access to
 4    health insurance coverage through the employer or other group
 5    coverage, and, if so, the policy  name  and  number  and  the
 6    names  of  persons covered under the policy, and (iii) of any
 7    new residential or mailing address or telephone number of the
 8    non-custodial parent.
 9        In any subsequent action to enforce a support order, upon
10    sufficient showing that diligent  effort  has  been  made  to
11    ascertain  the  location of the non-custodial parent, service
12    of process or provision of notice necessary  in  that  action
13    may  be  made  at the last known address of the non-custodial
14    parent, in any manner expressly provided by the Code of Civil
15    Procedure or in this Act, which service shall  be  sufficient
16    for purposes of due process.
17        An  order  for  support shall include a date on which the
18    current support obligation terminates.  The termination  date
19    shall  be no earlier than the date on which the child covered
20    by the order will attain the age of majority or is  otherwise
21    emancipated.   The  order  for  support  shall state that the
22    termination date does not apply to  any  arrearage  that  may
23    remain  unpaid on that date.  Nothing in this paragraph shall
24    be construed to prevent the court from modifying the order.
25    (Source: P.A. 90-18, eff. 7-1-97.)

26        (750 ILCS 45/14) (from Ch. 40, par. 2514)
27        Sec. 14.  Judgment.
28        (a) (1)  The judgment shall contain or explicitly reserve
29    provisions concerning any duty and amount  of  child  support
30    and   may  contain  provisions  concerning  the  custody  and
31    guardianship of the child,  visitation  privileges  with  the
32    child,  the  furnishing  of  bond  or  other security for the
33    payment of the judgment, which the court shall  determine  in
 
                            -232-              LRB9206548DJgc
 1    accordance  with  the  relevant  factors  set  forth  in  the
 2    Illinois  Marriage  and  Dissolution  of Marriage Act and any
 3    other applicable law of Illinois, to guide  the  court  in  a
 4    finding  in  the  best interests of the child. In determining
 5    custody, joint custody, or visitation, the court shall  apply
 6    the   relevant   standards   of  the  Illinois  Marriage  and
 7    Dissolution of Marriage Act. Specifically, in determining the
 8    amount of any child support award, the court  shall  use  the
 9    guidelines  and  standards  set  forth  in  subsection (a) of
10    Section 505 and in Section 505.2 of the Illinois Marriage and
11    Dissolution of Marriage Act.  For purposes of Section 505  of
12    the  Illinois  Marriage and Dissolution of Marriage Act, "net
13    income"  of  the  non-custodial  parent  shall  include   any
14    benefits  available  to that person under the Illinois Public
15    Aid  Code   or   from   other   federal,   State   or   local
16    government-funded  programs.   The  court shall, in any event
17    and regardless of the amount of  the  non-custodial  parent's
18    net income, in its judgment order the non-custodial parent to
19    pay child support to the custodial parent in a minimum amount
20    of not less than $10 per month. In an action brought within 2
21    years after a child's birth, the judgment or order may direct
22    either  parent  to  pay  the  reasonable expenses incurred by
23    either parent related  to  the  mother's  pregnancy  and  the
24    delivery  of  the  child. The judgment or order shall contain
25    the father's social security number, which the  father  shall
26    disclose  to  the  court;  however,  failure  to  include the
27    father's social security number on the judgment or order does
28    not invalidate the judgment or order.
29        (2)  If a judgment  of  parentage  contains  no  explicit
30    award  of  custody, the establishment of a support obligation
31    or of visitation rights in one parent shall be  considered  a
32    judgment  granting  custody  to  the  other  parent.   If the
33    parentage judgment contains no such provisions, custody shall
34    be presumed to be with the mother; however,  the  presumption
 
                            -233-              LRB9206548DJgc
 1    shall not apply if the father has had physical custody for at
 2    least  6  months  prior  to the date that the mother seeks to
 3    enforce custodial rights.
 4        (b)  The court shall order all  child  support  payments,
 5    determined  in  accordance  with such guidelines, to commence
 6    with the date  summons  is  served.   The  level  of  current
 7    periodic  support  payments  shall  not be reduced because of
 8    payments set for the period prior to the date of entry of the
 9    support  order.   The  Court  may  order  any  child  support
10    payments to be made for a period prior to the commencement of
11    the action. In determining whether and the  extent  to  which
12    the  payments  shall  be made for any prior period, the court
13    shall consider all relevant facts, including the factors  for
14    determining  the  amount of support specified in the Illinois
15    Marriage and Dissolution of Marriage Act and other  equitable
16    factors including but not limited to:
17             (1)  The  father's  prior  knowledge of the fact and
18        circumstances of the child's birth.
19             (2)  The father's prior willingness  or  refusal  to
20        help raise or support the child.
21             (3)  The  extent  to  which the mother or the public
22        agency bringing the action previously informed the father
23        of the child's needs or attempted to seek or require  his
24        help in raising or supporting the child.
25             (4)  The reasons the mother or the public agency did
26        not file the action earlier.
27             (5)  The   extent  to  which  the  father  would  be
28        prejudiced by the delay in bringing the action.
29        For purposes of determining the amount of  child  support
30    to  be  paid  for  any  period  before the date the order for
31    current child support  is  entered,  there  is  a  rebuttable
32    presumption that the father's net income for the prior period
33    was  the  same  as  his  net income at the time the order for
34    current child support is entered.
 
                            -234-              LRB9206548DJgc
 1        If (i) the non-custodial parent was properly served  with
 2    a  request for discovery of financial information relating to
 3    the non-custodial parent's ability to provide child  support,
 4    (ii)  the  non-custodial  parent  failed  to  comply with the
 5    request, despite having been ordered to do so by  the  court,
 6    and  (iii)  the  non-custodial  parent  is not present at the
 7    hearing to determine support despite having  received  proper
 8    notice,  then  any  relevant financial information concerning
 9    the non-custodial parent's ability to provide  child  support
10    that  was  obtained  pursuant  to  subpoena and proper notice
11    shall be admitted into evidence without the need to establish
12    any further foundation for its admission.
13        (c)  Any new or existing support  order  entered  by  the
14    court  under  this  Section shall be deemed to be a series of
15    judgments  against  the  person  obligated  to  pay   support
16    thereunder, each judgment to be in the amount of each payment
17    or installment of support and each such judgment to be deemed
18    entered   as   of  the  date  the  corresponding  payment  or
19    installment becomes due under the terms of the support order.
20    Each  judgment  shall  have  the  full  force,   effect   and
21    attributes of any other judgment of this State, including the
22    ability  to  be  enforced.  A lien arises by operation of law
23    against the real and personal property  of  the  noncustodial
24    parent  for  each  installment of overdue support owed by the
25    noncustodial parent.
26        (d)  If the judgment or order of the court is at variance
27    with the child's birth certificate,  the  court  shall  order
28    that  a  new  birth  certificate  be  issued  under the Vital
29    Records Act.
30        (e)  On request of the mother and the father,  the  court
31    shall  order  a  change  in  the  child's name. After hearing
32    evidence the court may stay payment  of  support  during  the
33    period of the father's minority or period of disability.
34        (f)  If,  upon  a  showing  of proper service, the father
 
                            -235-              LRB9206548DJgc
 1    fails to appear in court, or otherwise appear as provided  by
 2    law,  the  court may proceed to hear the cause upon testimony
 3    of the mother or other parties taken in open court and  shall
 4    enter a judgment by default.  The court may reserve any order
 5    as  to  the  amount  of  child  support  until the father has
 6    received notice, by regular mail, of a hearing on the matter.
 7        (g)  A one-time charge  of  20%  is  imposable  upon  the
 8    amount  of  past-due child support owed on July 1, 1988 which
 9    has accrued under a support order entered by the court.   The
10    charge  shall be imposed in accordance with the provisions of
11    Section 10-21 of the Illinois Public Aid Code  and  shall  be
12    enforced  by  the  court  upon  petition.  On  and  after the
13    effective date of this amendatory Act  of  the  92nd  General
14    Assembly,  the Attorney General may collect, on behalf of the
15    Illinois Department of Public  Aid,  any  charge  imposed  in
16    accordance  with this subsection.  Nothing in this amendatory
17    Act of the 92nd General Assembly shall be construed to affect
18    the validity of any charge imposed in  accordance  with  this
19    subsection.
20        (h)  All  orders  for  support, when entered or modified,
21    shall include a provision requiring the non-custodial  parent
22    to notify the court and, in cases in which party is receiving
23    child  and  spouse  support  services  under Article X of the
24    Illinois Public Aid Code or under Sections 7.1 through  7.305
25    of  the  Attorney  General  Act,  the  Illinois Department of
26    Public Aid (before the effective date of this amendatory  Act
27    of the 92nd General Assembly) or the Attorney General (on and
28    after  that date), within 7 days, (i) of the name and address
29    of any new employer of the non-custodial parent, (ii) whether
30    the non-custodial  parent  has  access  to  health  insurance
31    coverage through the employer or other group coverage and, if
32    so,  the  policy  name  and  number  and the names of persons
33    covered under the policy, and (iii) of any new residential or
34    mailing address or  telephone  number  of  the  non-custodial
 
                            -236-              LRB9206548DJgc
 1    parent.  In any subsequent action to enforce a support order,
 2    upon  a  sufficient  showing  that a diligent effort has been
 3    made to ascertain the location of the  non-custodial  parent,
 4    service  of  process  or provision of notice necessary in the
 5    case  may  be  made  at  the  last  known  address   of   the
 6    non-custodial  parent in any manner expressly provided by the
 7    Code of Civil Procedure or this Act, which service  shall  be
 8    sufficient for purposes of due process.
 9        (i)  An  order  for support shall include a date on which
10    the current support obligation terminates.   The  termination
11    date  shall  be  no  earlier than the date on which the child
12    covered by the order will attain the age of  majority  or  is
13    otherwise  emancipated.   The  order  for support shall state
14    that the termination date does not  apply  to  any  arrearage
15    that  may  remain  unpaid  on  that  date.   Nothing  in this
16    subsection shall be  construed  to  prevent  the  court  from
17    modifying the order.
18        (j)  An  order entered under this Section shall include a
19    provision requiring the obligor to report to the obligee  and
20    to  the  clerk  of court within 10 days each time the obligor
21    obtains  new  employment,  and  each   time   the   obligor's
22    employment is terminated for any reason.  The report shall be
23    in  writing and shall, in the case of new employment, include
24    the name and address of the new employer.  Failure to  report
25    new  employment  or the termination of current employment, if
26    coupled with nonpayment of support for a period in excess  of
27    60  days,  is  indirect  criminal  contempt.  For any obligor
28    arrested for failure to report new employment bond  shall  be
29    set  in the amount of the child support that should have been
30    paid during the period of unreported  employment.   An  order
31    entered  under  this  Section  shall also include a provision
32    requiring the obligor and  obligee  parents  to  advise  each
33    other  of  a  change in residence within 5 days of the change
34    except when the court finds that  the  physical,  mental,  or
 
                            -237-              LRB9206548DJgc
 1    emotional  health  of  a  party  or that of a minor child, or
 2    both, would be seriously  endangered  by  disclosure  of  the
 3    party's address.
 4    (Source:  P.A.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
 5    90-655, eff. 7-30-98; 91-767, eff. 6-9-00.)

 6        (750 ILCS 45/14.1)
 7        Sec. 14.1.  Information to State Case Registry.
 8        (a)  When  an  order  for  support is entered or modified
 9    under this Act,  the clerk of the circuit court shall, within
10    5 business days,  provide  to   the    State   Case  Registry
11    established  under  Section  7.305  10-27   of  the  Attorney
12    General  Act Illinois Public Aid Code the court docket number
13    and county  in which the   order   is   entered  or  modified
14    and  the  following  information,  which  the  parties  shall
15    disclose to the court:
16             (1)  The  names  of  the custodial and non-custodial
17        parents and of the child   or  children  covered  by  the
18        order.
19             (2)  The   dates  of  birth  of  the  custodial  and
20        non-custodial  parents  and  of  the  child  or  children
21        covered by the order.
22             (3)  The social security numbers  of  the  custodial
23        and  non-custodial  parents  and of the child or children
24        covered by the order.
25             (4)  The residential and mailing addresses  for  the
26        custodial and non-custodial parents.
27             (5)  The  telephone  numbers  for  the custodial and
28        non-custodial parents.
29             (6)  The driver's license numbers for the  custodial
30        and non-custodial parents.
31             (7)  The name, address, and telephone number of each
32        parent's employer or employers.
33        (b)  When a child support order is  entered  or  modified
 
                            -238-              LRB9206548DJgc
 1    for  a  case  in  which a party is receiving child and spouse
 2    support services under Article X of the Illinois  Public  Aid
 3    Code  or  Sections  7.1 through 7.305 of the Attorney General
 4    Act, the clerk shall provide the State Case Registry with the
 5    following information:
 6             (1)  The information specified in subsection (a)  of
 7        this Section.
 8             (2)  The amount of monthly or other periodic support
 9        owed   under   the    order  and other amounts, including
10        arrearages, interest, or late payment penalties and fees,
11        due or overdue under the order.
12             (3)  Any amounts described  in  subdivision  (2)  of
13        this subsection (b) that have been received by the clerk.
14             (4)  The distribution of the amounts received by the
15        clerk.
16        (c)  The  parties  affected by the order shall inform the
17    clerk of court of any change of address or of other condition
18    that may affect the administration of the order.
19        (d)  To the extent that updated  information  is  in  the
20    clerk's  possession,  the  clerk shall provide updates of the
21    information specified  in  subsection  (b)  of  this  Section
22    within  5  business  days  after  the  Illinois Department of
23    Public Aid's or Attorney General's request for  that  updated
24    information.
25    (Source: P.A. 91-212, eff. 7-20-99.)

26        (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
27        Sec.  15.1. (a) Whenever it is determined in a proceeding
28    to establish or enforce a child support obligation  that  the
29    person  owing  a duty of support is unemployed, the court may
30    order the person to seek employment and  report  periodically
31    to the court with a diary, listing or other memorandum of his
32    or  her efforts in accordance with such order.  Additionally,
33    the court may order the unemployed person to  report  to  the
 
                            -239-              LRB9206548DJgc
 1    Department  of Employment Security for job search services or
 2    to make application with the local Job  Training  Partnership
 3    Act  provider  for  participation  in job search, training or
 4    work programs and where the duty of  support  is  owed  to  a
 5    child  receiving  support  services  under  Article  X of the
 6    Illinois Public Aid Code or under Sections 7.1 through  7.305
 7    of  the Attorney General Act, as amended, the court may order
 8    the unemployed person to report to the Illinois Department of
 9    Human Services Public Aid for participation  in  job  search,
10    training  or  work programs established under Section 9-6 and
11    Article IXA of the Illinois Public Aid that Code.
12        (b)  Whenever  it  is  determined  that  a  person   owes
13    past-due  support  for  a  child,  and the child is receiving
14    assistance under the Illinois  Public  Aid  Code,  the  court
15    shall  order  the  following  at  the request of the Illinois
16    Department of Public Aid (before the effective date  of  this
17    amendatory  Act of the 92nd General Assembly) or the Attorney
18    General (on and after that date):
19             (1)  that the person pay  the  past-due  support  in
20        accordance with a plan approved by the court; or
21             (2)  if   the   person  owing  past-due  support  is
22        unemployed, is  subject  to  such  a  plan,  and  is  not
23        incapacitated,  that  the  person participate in such job
24        search, training,  or  work  programs  established  under
25        Section  9-6  and  Article IXA of the Illinois Public Aid
26        Code as the court deems appropriate.
27    (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.)

28        (750 ILCS 45/18) (from Ch. 40, par. 2518)
29        Sec. 18.  Right to Counsel; Free Transcript on Appeal.
30        (a)  Any party may  be  represented  by  counsel  at  all
31    proceedings under this Act.
32        (a-5)  In any proceedings involving the support, custody,
33    visitation,   education,  parentage,  property  interest,  or
 
                            -240-              LRB9206548DJgc
 1    general welfare of a minor or dependent child, the court may,
 2    on its own motion or that of any party, and  subject  to  the
 3    terms  or  specifications  the  court  determines, appoint an
 4    attorney to serve in one of the following capacities:
 5             (1)  as an attorney to represent the child;
 6             (2)  as a guardian ad litem to  address  issues  the
 7        court delineates;
 8             (3)  as a child's representative whose duty shall be
 9        to  advocate  what  the representative finds to be in the
10        best interests of the child after reviewing the facts and
11        circumstances of the case.   The  child's  representative
12        shall  have  the same power and authority to take part in
13        the conduct of the litigation as does an attorney  for  a
14        party  and  shall possess all the powers of investigation
15        and recommendation as does  a  guardian  ad  litem.   The
16        child's  representative  shall consider, but not be bound
17        by,  the  expressed  wishes  of  the  child.   A  child's
18        representative shall  have  received  training  in  child
19        advocacy  or  shall possess such experience as determined
20        to be equivalent to such training by the chief  judge  of
21        the  circuit  where  the  child's representative has been
22        appointed. The child's representative shall not  disclose
23        confidential  communications made by the child, except as
24        required by law or by the Rules of Professional  Conduct.
25        The  child's  representative  shall  not  be  called as a
26        witness  regarding  the  issues   set   forth   in   this
27        subsection.
28        During   the   proceedings   the  court  may  appoint  an
29    additional attorney to serve in  another  of  the  capacities
30    described  in  subdivisions (1), (2), or (3) of the preceding
31    paragraph on its own motion or that of a party only for  good
32    cause   shown   and  when  the  reasons  for  the  additional
33    appointment are set forth in specific findings.
34        The court shall enter an order as appropriate for  costs,
 
                            -241-              LRB9206548DJgc
 1    fees,  and  disbursements,  including  a  retainer,  when the
 2    attorney, guardian ad litem,  or  child's  representative  is
 3    appointed,  and  thereafter  as necessary.  Such orders shall
 4    require payment by either or both parents, by any other party
 5    or source, or from the marital estate or the child's separate
 6    estate. The court may not order payment (i) by  the  Illinois
 7    Department  of Public Aid in cases in which the Department is
 8    providing child and spouse support services under  Article  X
 9    of  the  Illinois  Public  Aid  Code  or (ii) by the Attorney
10    General in cases in which the Attorney General  is  providing
11    child  and spouse support services under Sections 7.1 through
12    7.305 of the Attorney General Act.  Unless otherwise  ordered
13    by  the  court  at  the time fees and costs are approved, all
14    fees and costs payable to an attorney, guardian ad litem,  or
15    child's  representative under this Section are by implication
16    deemed to be in the nature of support of the  child  and  are
17    within  the  exceptions  to  discharge in bankruptcy under 11
18    U.S.C.A. 523.  The provisions of Sections 501 and 508 of this
19    Act shall apply to fees and  costs  for  attorneys  appointed
20    under this Section.
21        (b)  Upon  the  request  of  a mother or child seeking to
22    establish the existence of a father and  child  relationship,
23    the  State's  Attorney shall represent the mother or child in
24    the trial court.  If the child  is  an  applicant  for  or  a
25    recipient  of  assistance  as  defined in Section 2-6 of "the
26    Illinois Public  Aid  Code",  approved  April  11,  1967,  as
27    amended,  or has applied to the Illinois Department of Public
28    Aid for services under Article X of  such  Code  (before  the
29    effective  date  of  this  amendatory Act of the 92nd General
30    Assembly) or to  the  Attorney  General  for  services  under
31    Sections 7.1 through 7.305 of the Attorney General Act (on or
32    after  the  effective date of this amendatory Act of the 92nd
33    General Assembly), the Department or the Attorney General may
34    file a complaint in the child's behalf under this  Act.   The
 
                            -242-              LRB9206548DJgc
 1    Department shall refer the complaint to the Public Aid Claims
 2    Enforcement Division of the Office of the Attorney General as
 3    provided  in  Section 12-16 of "the Illinois Public Aid Code"
 4    for enforcement by the Attorney General. Legal representation
 5    by the State's Attorney or  the  Attorney  General  shall  be
 6    limited  to the establishment and enforcement of an order for
 7    support,  and  shall  not  extend  to  visitation,   custody,
 8    property  or other matters.  If visitation, custody, property
 9    or other matters are raised by a party and considered by  the
10    court  in  any  proceeding  under  this  Act, the court shall
11    provide a continuance sufficient  to  enable  the  mother  or
12    child to obtain representation for such matters.
13        (c)  The  Court  may  appoint  counsel  to  represent any
14    indigent defendant in  the  trial  court,  except  that  this
15    representation  shall  be  limited  to the establishment of a
16    parent and child relationship and an order for  support,  and
17    shall   not   extend   to   visitation,   custody,  property,
18    enforcement of an order for support, or  other  matters.   If
19    visitation,  custody, property or other matters are raised by
20    a party and considered by the court in any  proceeding  under
21    this Act, the court shall provide a continuance sufficient to
22    enable  the  defendant  to  obtain  representation  for  such
23    matters.
24        (d)  The  court  shall furnish on request of any indigent
25    party a transcript for purposes of appeal.
26    (Source: P.A. 90-23, eff. 1-1-98; 91-410, eff. 1-1-00.)

27        (750 ILCS 45/21) (from Ch. 40, par. 2521)
28        Sec.  21.  Support  payments;  receiving  and  disbursing
29    agents.
30        (1)  In an action filed  in  a  county  of  less  than  3
31    million  population  in  which  an order for child support is
32    entered, and in supplementary proceedings in such a county to
33    enforce or vary the terms of such order  arising  out  of  an
 
                            -243-              LRB9206548DJgc
 1    action  filed  in such a county, the court, except in actions
 2    or supplementary  proceedings  in  which  the  pregnancy  and
 3    delivery expenses of the mother or the child support payments
 4    are  for  a  recipient  of  aid under the Illinois Public Aid
 5    Code, shall direct that child support payments be made to the
 6    clerk of the court unless in  the  discretion  of  the  court
 7    exceptional  circumstances warrant otherwise.  In cases where
 8    payment is to be made to persons other than the clerk of  the
 9    court  the  judgment  or order of support shall set forth the
10    facts of the exceptional circumstances.
11        (2)  In an action filed in a county of 3 million or  more
12    population  in  which  an order for child support is entered,
13    and in supplementary proceedings in such a county to  enforce
14    or  vary  the  terms  of  such order arising out of an action
15    filed in such a county,  the  court,  except  in  actions  or
16    supplementary proceedings in which the pregnancy and delivery
17    expenses  of the mother or the child support payments are for
18    a recipient of aid under the Illinois Public Aid Code,  shall
19    direct  that  child  support  payments  be made either to the
20    clerk of the court or to the Court Service  Division  of  the
21    County  Department  of  Public  Aid,  or  to the clerk of the
22    court, the Attorney General, or to the Illinois Department of
23    Public Aid, unless in the discretion of the court exceptional
24    circumstances warrant otherwise.  In such cases where payment
25    is to be made to persons other than the clerk of  the  court,
26    the Court Service Division of the County Department of Public
27    Aid,  or  the Illinois Department of Public Aid, the judgment
28    or order  of  support  shall  set  forth  the  facts  of  the
29    exceptional circumstances.
30        (3)  Where  the  action or supplementary proceeding is in
31    behalf of a mother for pregnancy and delivery expenses or for
32    child support, or both, and the mother, child, or  both,  are
33    recipients  of  aid  under  the Illinois Public Aid Code, the
34    court shall order that the payments be made directly  to  (a)
 
                            -244-              LRB9206548DJgc
 1    the Attorney General Illinois Department of Public Aid if the
 2    mother or child, or both, are recipients under Articles IV or
 3    V of the Code, or (b) the local governmental unit responsible
 4    for  the support of the mother or child, or both, if they are
 5    recipients  under  Articles  VI  or  VII  of  the  Code.   In
 6    accordance  with  federal  law  and regulations, the Attorney
 7    General or Illinois Department of Public Aid may continue  to
 8    collect   current   maintenance  payments  or  child  support
 9    payments, or both,  after  those  persons  cease  to  receive
10    public  assistance  and  until  termination of services under
11    Article X of the Illinois Public Aid Code or  under  Sections
12    7.1  through 7.305 of the Attorney General act.  The Attorney
13    General or Illinois Department of Public Aid  shall  pay  the
14    net  amount  collected  to  those persons after deducting any
15    costs incurred in making the collection or any collection fee
16    from the amount of any recovery made. The Illinois Department
17    of  Public  Aid,  the  Attorney   General,   or   the   local
18    governmental  unit,  as  the  case  may  be,  may direct that
19    payments be made directly to the mother of the child,  or  to
20    some  other  person or agency in the child's behalf, upon the
21    removal of the mother and child from the public aid rolls  or
22    upon  termination of services under Article X of the Illinois
23    Public Aid Code or under Sections 7.1 through  7.305  of  the
24    Attorney  General  Act; and upon such direction, the Illinois
25    Department, the Attorney General, or the  local  governmental
26    unit,  as the case requires, shall give notice of such action
27    to the court in writing or by electronic transmission.
28        (4)  All clerks of  the  court,  and  the  Court  Service
29    Division  of  a  County  Department  of  Public  Aid, and the
30    Illinois Department of Public Aid, and the  Attorney  General
31    receiving  child support payments under paragraphs (1) or (2)
32    shall disburse the same to the  person  or  persons  entitled
33    thereto  under  the terms of the order.  They shall establish
34    and maintain clear and current records of all moneys received
 
                            -245-              LRB9206548DJgc
 1    and disbursed and of defaults and delinquencies  in  required
 2    payments.   The court, by order or rule, shall make provision
 3    for the carrying out of these duties.
 4        Upon   notification   in   writing   or   by   electronic
 5    transmission from  the  Illinois  Department  of  Public  Aid
 6    (before the effective date of this amendatory Act of the 92nd
 7    General  Assembly) or the Attorney General (on and after that
 8    date) to the  clerk  of  the  court  that  a  person  who  is
 9    receiving  support  payments  under this Section is receiving
10    services  under  the  Child   Support   Enforcement   Program
11    established  by  Title  IV-D  of the Social Security Act, any
12    support payments subsequently received by the  clerk  of  the
13    court   shall   be   transmitted   in   accordance  with  the
14    instructions of the Illinois  Department  of  Public  Aid  or
15    Attorney  General  until  the  Department or Attorney General
16    gives  notice  to  the  clerk  of  the  court  to  cease  the
17    transmittal.  After  providing  the  notification  authorized
18    under  this  paragraph, the Illinois Department of Public Aid
19    (before the effective date of this amendatory Act of the 92nd
20    General Assembly) or the Attorney General (on and after  that
21    date)  shall  be entitled as a party to notice of any further
22    proceedings in the case.  The clerk of the court shall file a
23    copy of the Illinois Department of Public Aid's  or  Attorney
24    General's notification in the court file.  The failure of the
25    clerk  to  file  a copy of the notification in the court file
26    shall not, however, affect the Illinois Department of  Public
27    Aid's  or  Attorney  General's  right  to  receive  notice of
28    further proceedings.
29        Payments under this Section to the Illinois Department of
30    Public Aid or the Attorney  General  pursuant  to  the  Child
31    Support  Enforcement Program established by Title IV-D of the
32    Social Security Act shall be  paid  into  the  Child  Support
33    Enforcement  Trust  Fund.  All payments under this Section to
34    the Illinois Department of Human Services shall be  deposited
 
                            -246-              LRB9206548DJgc
 1    in  the  DHS  Recoveries Trust Fund.  Disbursement from these
 2    funds shall be as provided in the Illinois Public  Aid  Code.
 3    Payments  received  by  a  local  governmental  unit shall be
 4    deposited in that unit's General Assistance Fund.
 5        (5)  The  moneys  received   by   persons   or   agencies
 6    designated  by  the  court  shall  be  disbursed  by  them in
 7    accordance with the order.  However, the court,  on  petition
 8    of  the  state's  attorney or the Attorney General, may enter
 9    new orders designating the clerk of the court,  the  Attorney
10    General,  or  the  Illinois  Department of Public Aid, as the
11    person or agency authorized to  receive  and  disburse  child
12    support  payments  and,  in  the case of recipients of public
13    aid, the court,  on  petition  of  the  Attorney  General  or
14    State's Attorney, shall direct subsequent payments to be paid
15    to  the  Illinois  Department  of  Public  Aid,  the Attorney
16    General or to the appropriate  local  governmental  unit,  as
17    provided  in  paragraph  (3).  Payments  of  child support by
18    principals or sureties on bonds, or proceeds of any sale  for
19    the  enforcement  of a judgment shall be made to the clerk of
20    the  court,  the  Illinois  Department  of  Public  Aid,  the
21    Attorney General, or the appropriate local governmental unit,
22    as the respective provisions of this Section require.
23        (6)  For those cases in which child support is payable to
24    the clerk  of  the  circuit  court  for  transmittal  to  the
25    Illinois  Department of Public Aid or the Attorney General by
26    order  of  court  or  upon  notification  by   the   Illinois
27    Department  of  Public Aid or the Attorney General, the clerk
28    shall transmit all such payments, within 4  working  days  of
29    receipt,  to  ensure  insure  that  funds  are  available for
30    immediate distribution by  the  Department  or  the  Attorney
31    General   to   the  person  or  entity  entitled  thereto  in
32    accordance with standards of the  Child  Support  Enforcement
33    Program  established  under Title IV-D of the Social Security
34    Act.  The clerk shall notify the Department or  the  Attorney
 
                            -247-              LRB9206548DJgc
 1    General of the date of receipt and amount thereof at the time
 2    of   transmittal.   Where  the  clerk  has  entered  into  an
 3    agreement of cooperation with the Department or the  Attorney
 4    General  to  record  the  terms  of  child support orders and
 5    payments made thereunder  directly  into  the  IV-D  Agency's
 6    Department's  automated  data  processing  system,  the clerk
 7    shall account for, transmit and  otherwise  distribute  child
 8    support payments in accordance with such agreement in lieu of
 9    the requirements contained herein.
10        (7)  To  the  extent  the  provisions of this Section are
11    inconsistent with the requirements pertaining  to  the  State
12    Disbursement Unit under Section 21.1 of this Act and Sections
13    7.76  and  7.295 of the Attorney General Act Section 10-26 of
14    the Illinois Public Aid Code, the requirements pertaining  to
15    the State Disbursement Unit shall apply.
16    (Source:  P.A.  90-18,  eff.  7-1-97;  90-673,  eff.  1-1-99;
17    90-790,  eff.  8-14-98;  91-24,  eff.  7-1-99;  91-212,  eff.
18    7-20-99; 91-357, eff. 7-29-99; revised 9-1-99.)

19        (750 ILCS 45/21.1)
20        Sec. 21.1. Payment of Support to State Disbursement Unit.
21        (a)  As used in this Section:
22        "Order  for  support",  "obligor", "obligee", and "payor"
23    mean those terms as defined in  the  Income  Withholding  for
24    Support  Act,  except that "order for support" shall not mean
25    orders providing for spousal maintenance under which there is
26    no child support obligation.
27        (b)  Notwithstanding any other provision of this  Act  to
28    the  contrary,  each order for support entered or modified on
29    or after October 1, 1999 shall require that support  payments
30    be  made  to  the  State  Disbursement Unit established under
31    Section 7.295 10-26 of  the  Attorney  General  Act  Illinois
32    Public Aid Code if:
33             (1)  a  party  to  the  order is receiving child and
 
                            -248-              LRB9206548DJgc
 1        spouse support services under Article X of  the  Illinois
 2        Public  Aid  Code  or  Sections  7.1 through 7.305 of the
 3        Attorney General Act; or
 4             (2)  no party to the order is  receiving  child  and
 5        spouse  support  services,  but  the support payments are
 6        made through income withholding.
 7        (c)  Support  payments  shall  be  made  to   the   State
 8    Disbursement Unit if:
 9             (1)  the   order  for  support  was  entered  before
10        October 1, 1999, and a party to the  order  is  receiving
11        child  and spouse support services under Article X of the
12        Illinois Public Aid Code or Sections 7.1 through 7.305 of
13        the Attorney General Act; or
14             (2)  no party to the order is  receiving  child  and
15        spouse  support  services,  and  the support payments are
16        being made through income withholding.
17        (c-5)  If no party to the order is  receiving  child  and
18    spouse  support  services  under  Article  X  of the Illinois
19    Public Aid Code or Sections 7.1 through 7.305 of the Attorney
20    General Act, and the support payments are  not  made  through
21    income  withholding,  then  support payments shall be made as
22    directed by the order for support.
23        (c-10)  Within 15 days after the effective date  of  this
24    amendatory  Act  of  the  91st General Assembly, the Illinois
25    Department shall provide written notice to the clerk  of  the
26    circuit  court,  the  obligor,  and,  where  applicable,  the
27    obligor's  payor  to  make payments to the State Disbursement
28    Unit if:
29             (1)  the  order  for  support  was  entered   before
30        October  1,  1999,  and a party to the order is receiving
31        child and spouse support services under Article X of  the
32        Illinois Public Aid Code; or
33             (2)  no  party  to  the order is receiving child and
34        spouse support services, and  the  support  payments  are
 
                            -249-              LRB9206548DJgc
 1        being made through income withholding.
 2        (c-15)  Within  15  days after the effective date of this
 3    amendatory Act of the 91st General Assembly, the clerk of the
 4    circuit court shall provide written notice to the obligor  to
 5    make  payments  directly to the clerk of the circuit court if
 6    no party to the order is receiving child and  spouse  support
 7    services under Article X of the Illinois Public Aid Code, the
 8    support payments are not made through income withholding, and
 9    the  order  for  support requires support payments to be made
10    directly to the clerk of the circuit court.
11        (c-20)  If the State Disbursement Unit receives a support
12    payment that was not appropriately made  to  the  Unit  under
13    this  Section,  the Unit shall immediately return the payment
14    to the sender, including, if possible, instructions detailing
15    where to send the support payments.
16        (d)  The notices required under  subsections  (c-10)  and
17    (c-15)  may  be sent by ordinary mail, certified mail, return
18    receipt   requested,   facsimile   transmission,   or   other
19    electronic process, or may be  served  upon  the  obligor  or
20    payor  using  any  method  provided  by  law for service of a
21    summons.  The Illinois Department of Public Aid shall provide
22    a copy of the notice to the obligee and to the clerk  of  the
23    court.
24    (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)

25        (750 ILCS 45/22) (from Ch. 40, par. 2522)
26        Sec.   22.  (a)  In   all  cases  instituted  before  the
27    effective date of this amendatory Act  of  the  91st  General
28    Assembly  by  the Illinois Department of Public Aid on behalf
29    of a child or spouse, other than one  receiving  a  grant  of
30    financial  aid  under  Article  IV of The Illinois Public Aid
31    Code, on whose  behalf  an  application  has  been  made  and
32    approved  for support services as provided by Section 10-1 of
33    that Code, the court shall impose a  collection  fee  on  the
 
                            -250-              LRB9206548DJgc
 1    individual  who  owes a child or spouse support obligation in
 2    an amount equal to 10% of the amount so owed as long as  such
 3    collection  is required by federal law, which fee shall be in
 4    addition to the support obligation.  The imposition  of  such
 5    fee  shall be in accordance with provisions of Title IV, Part
 6    D,  of  the  Social  Security  Act   and   regulations   duly
 7    promulgated  thereunder.   The  fee  shall  be payable to the
 8    clerk of the circuit court for transmittal  to  the  Illinois
 9    Department  of  Public  Aid  and shall continue until support
10    services  are  terminated  by  that  Department,  except   as
11    otherwise provided in this subsection.
12        If  a collection fee is imposed under this subsection and
13    if, on or after the effective date of this amendatory Act  of
14    the  92nd  General  Assembly,  the  child  or spouse receives
15    support services under Section 7.5 of  the  Attorney  General
16    Act,  the  fee  shall  be payable to the clerk of the circuit
17    court for transmittal  to  the  Attorney  General  and  shall
18    continue   until  support  services  are  terminated  by  the
19    Attorney General.  Nothing in this amendatory Act of the 92nd
20    General Assembly shall be construed to affect the validity of
21    any collection fee  imposed  in  accordance  with  the  first
22    paragraph of this subsection.
23        (b)  In  all  cases  instituted on or after the effective
24    date of this amendatory Act of the 92nd General  Assembly  by
25    the  Attorney  General  on behalf of a child or spouse, other
26    than one receiving a grant of financial aid under Article  IV
27    of   the  Illinois  Public  Aid  Code,  on  whose  behalf  an
28    application has been made and approved for  support  services
29    as  provided  by Section 7.5 of the Attorney General Act, the
30    court shall impose a collection fee  on  the  individual  who
31    owes  a child or spouse support obligation in an amount equal
32    to 10% of the amount so owed as long as  such  collection  is
33    required  by  federal  law, which fee shall be in addition to
34    the support obligation.  The imposition of such fee shall  be
 
                            -251-              LRB9206548DJgc
 1    in  accordance  with  provisions  of Title IV, Part D, of the
 2    Social  Security  Act  and   regulations   duly   promulgated
 3    thereunder.    The  fee  shall be payable to the clerk of the
 4    circuit court for transmittal to  the  Attorney  General  and
 5    shall  continue  until support services are terminated by the
 6    Attorney General.
 7    (Source: P.A. 83-1372.)

 8        (750 ILCS 45/23) (from Ch. 40, par. 2523)
 9        Sec. 23.  Notice to Clerk of  Circuit  Court  of  Payment
10    Received  by  Illinois  Department  of Public Aid or Attorney
11    General for Recording. For those cases in  which  support  is
12    payable  to the clerk of the circuit court for transmittal to
13    the Illinois Department of Public Aid by order of court,  and
14    the Illinois Department of Public Aid or the Attorney General
15    collects support by assignment offset, withhold, deduction or
16    other  process  permitted  by law, the Illinois Department of
17    Public Aid or the Attorney General shall notify the clerk  of
18    the  date  and  amount of such collection. Upon notification,
19    the clerk shall record the collection on the  payment  record
20    for the case.
21    (Source: P.A. 83-1372.)

22        Section  77.   The Illinois Domestic Violence Act of 1986
23    is amended by changing Section 214 as follows:

24        (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
25        Sec. 214.  Order of protection; remedies.
26        (a)  Issuance  of  order.   If  the  court   finds   that
27    petitioner has been abused by a family or household member or
28    that  petitioner  is  a  high-risk adult who has been abused,
29    neglected, or exploited, as defined in this Act, an order  of
30    protection  prohibiting  the  abuse, neglect, or exploitation
31    shall issue; provided that petitioner must also  satisfy  the
 
                            -252-              LRB9206548DJgc
 1    requirements   of   one   of   the   following  Sections,  as
 2    appropriate: Section 217 on emergency orders, Section 218  on
 3    interim orders, or Section 219 on plenary orders.  Petitioner
 4    shall not be denied an order of protection because petitioner
 5    or respondent is a minor. The court, when determining whether
 6    or  not  to  issue  an order of protection, shall not require
 7    physical manifestations of abuse on the person of the victim.
 8    Modification and extension  of  prior  orders  of  protection
 9    shall be in accordance with this Act.
10        (b)  Remedies and standards.  The remedies to be included
11    in  an  order of protection shall be determined in accordance
12    with this Section and  one  of  the  following  Sections,  as
13    appropriate:  Section 217 on emergency orders, Section 218 on
14    interim orders, and  Section  219  on  plenary  orders.   The
15    remedies  listed  in  this subsection shall be in addition to
16    other civil or criminal remedies available to petitioner.
17             (1)  Prohibition of abuse, neglect, or exploitation.
18        Prohibit  respondent's  harassment,   interference   with
19        personal  liberty,  intimidation of a dependent, physical
20        abuse, or willful deprivation, neglect  or  exploitation,
21        as defined in this Act, or stalking of the petitioner, as
22        defined  in  Section 12-7.3 of the Criminal Code of 1961,
23        if such abuse, neglect,  exploitation,  or  stalking  has
24        occurred  or  otherwise  appears  likely  to occur if not
25        prohibited.
26             (2)  Grant of  exclusive  possession  of  residence.
27        Prohibit  respondent  from  entering  or remaining in any
28        residence or household of the petitioner,  including  one
29        owned  or leased by respondent, if petitioner has a right
30        to occupancy thereof. The grant of  exclusive  possession
31        of the residence shall not affect title to real property,
32        nor  shall the court be limited by the standard set forth
33        in Section 701 of the Illinois Marriage  and  Dissolution
34        of Marriage Act.
 
                            -253-              LRB9206548DJgc
 1                  (A)  Right  to  occupancy.  A party has a right
 2             to occupancy of a residence or household  if  it  is
 3             solely  or  jointly  owned  or leased by that party,
 4             that party's spouse, a person with a legal  duty  to
 5             support  that party or a minor child in that party's
 6             care, or by any person  or  entity  other  than  the
 7             opposing   party   that   authorizes   that  party's
 8             occupancy  (e.g.,  a  domestic  violence   shelter).
 9             Standards  set  forth  in subparagraph (B) shall not
10             preclude equitable relief.
11                  (B)  Presumption of hardships.   If  petitioner
12             and  respondent each has the right to occupancy of a
13             residence or household, the court shall balance  (i)
14             the  hardships  to respondent and any minor child or
15             dependent adult in respondent's care resulting  from
16             entry  of  this  remedy  with  (ii) the hardships to
17             petitioner and any minor child or dependent adult in
18             petitioner's care resulting from continued  exposure
19             to  the  risk  of abuse (should petitioner remain at
20             the  residence  or  household)  or  from   loss   of
21             possession  of  the  residence  or household (should
22             petitioner leave to avoid the risk of abuse).   When
23             determining  the  balance  of  hardships,  the court
24             shall also take into account  the  accessibility  of
25             the  residence  or  household. Hardships need not be
26             balanced if respondent does  not  have  a  right  to
27             occupancy.
28                  The  balance  of hardships is presumed to favor
29             possession by petitioner unless the  presumption  is
30             rebutted by a preponderance of the evidence, showing
31             that   the  hardships  to  respondent  substantially
32             outweigh the hardships to petitioner and  any  minor
33             child  or dependent adult in petitioner's care.  The
34             court, on the request of petitioner or  on  its  own
 
                            -254-              LRB9206548DJgc
 1             motion,  may  order  respondent to provide suitable,
 2             accessible, alternate housing for petitioner instead
 3             of excluding respondent from a mutual  residence  or
 4             household.
 5             (3)  Stay  away  order  and additional prohibitions.
 6        Order respondent to stay  away  from  petitioner  or  any
 7        other  person  protected  by  the order of protection, or
 8        prohibit respondent from entering or remaining present at
 9        petitioner's  school,  place  of  employment,  or   other
10        specified  places at times when petitioner is present, or
11        both, if reasonable,  given  the  balance  of  hardships.
12        Hardships  need  not be balanced for the court to enter a
13        stay away order or prohibit entry if  respondent  has  no
14        right to enter the premises.
15             If   an   order   of  protection  grants  petitioner
16        exclusive  possession  of  the  residence,  or  prohibits
17        respondent  from  entering  the  residence,   or   orders
18        respondent   to   stay  away  from  petitioner  or  other
19        protected persons, then the court  may  allow  respondent
20        access  to  the residence to remove items of clothing and
21        personal  adornment  used  exclusively   by   respondent,
22        medications,  and  other  items as the court directs. The
23        right to access shall be exercised on only  one  occasion
24        as   the   court  directs  and  in  the  presence  of  an
25        agreed-upon adult third party or law enforcement officer.
26             (4)  Counseling.    Require   or    recommend    the
27        respondent to undergo counseling for a specified duration
28        with    a    social    worker,   psychologist,   clinical
29        psychologist,  psychiatrist,   family   service   agency,
30        alcohol  or substance abuse program, mental health center
31        guidance counselor, agency providing services to  elders,
32        program  designed  for  domestic  violence abusers or any
33        other guidance service the court deems appropriate.
34             (5)  Physical  care  and  possession  of  the  minor
 
                            -255-              LRB9206548DJgc
 1        child.  In order to protect the minor child  from  abuse,
 2        neglect,  or  unwarranted  separation from the person who
 3        has been the  minor  child's  primary  caretaker,  or  to
 4        otherwise  protect the well-being of the minor child, the
 5        court may do either or both of the following:  (i)  grant
 6        petitioner  physical  care  or  possession  of  the minor
 7        child, or both, or (ii)  order  respondent  to  return  a
 8        minor  child  to,  or  not remove a minor child from, the
 9        physical care of a parent or person in loco parentis.
10             If a court finds, after a hearing,  that  respondent
11        has  committed  abuse  (as  defined  in Section 103) of a
12        minor child, there shall be a rebuttable presumption that
13        awarding physical care to respondent would not be in  the
14        minor child's best interest.
15             (6)  Temporary  legal custody. Award temporary legal
16        custody to petitioner in accordance  with  this  Section,
17        the  Illinois  Marriage  and Dissolution of Marriage Act,
18        the Illinois Parentage Act  of  1984,  and  this  State's
19        Uniform Child Custody Jurisdiction Act.
20             If  a  court finds, after a hearing, that respondent
21        has committed abuse (as defined  in  Section  103)  of  a
22        minor child, there shall be a rebuttable presumption that
23        awarding  temporary legal custody to respondent would not
24        be in the child's best interest.
25             (7)  Visitation.  Determine the  visitation  rights,
26        if  any,  of  respondent  in  any case in which the court
27        awards physical care or  temporary  legal  custody  of  a
28        minor  child  to petitioner.  The court shall restrict or
29        deny respondent's visitation with a minor  child  if  the
30        court  finds  that respondent has done or is likely to do
31        any of the following: (i) abuse  or  endanger  the  minor
32        child  during  visitation;  (ii) use the visitation as an
33        opportunity to abuse or harass petitioner or petitioner's
34        family or household members; (iii) improperly conceal  or
 
                            -256-              LRB9206548DJgc
 1        detain the minor child; or (iv) otherwise act in a manner
 2        that  is  not  in  the best interests of the minor child.
 3        The court shall not be limited by the standards set forth
 4        in Section 607.1 of the Illinois Marriage and Dissolution
 5        of Marriage Act.  If the  court  grants  visitation,  the
 6        order shall specify dates and times for the visitation to
 7        take  place  or  other  specific parameters or conditions
 8        that are appropriate.   No  order  for  visitation  shall
 9        refer merely to the term "reasonable visitation".
10             Petitioner  may  deny respondent access to the minor
11        child  if,  when  respondent  arrives   for   visitation,
12        respondent is under the influence of drugs or alcohol and
13        constitutes  a  threat  to  the  safety and well-being of
14        petitioner or petitioner's minor children or is  behaving
15        in a violent or abusive manner.
16             If  necessary  to protect any member of petitioner's
17        family or household from future abuse,  respondent  shall
18        be  prohibited  from  coming to petitioner's residence to
19        meet the minor child  for  visitation,  and  the  parties
20        shall  submit  to  the  court  their  recommendations for
21        reasonable alternative arrangements  for  visitation.   A
22        person may be approved to supervise visitation only after
23        filing  an  affidavit  accepting  that responsibility and
24        acknowledging accountability to the court.
25             (8)  Removal or concealment of minor child. Prohibit
26        respondent from removing a minor child from the State  or
27        concealing the child within the State.
28             (9)  Order  to  appear.   Order  the  respondent  to
29        appear  in court, alone or with a minor child, to prevent
30        abuse, neglect, removal or concealment of the  child,  to
31        return the child to the custody or care of the petitioner
32        or  to  permit any court-ordered interview or examination
33        of the child or the respondent.
34             (10)  Possession  of   personal   property.    Grant
 
                            -257-              LRB9206548DJgc
 1        petitioner exclusive possession of personal property and,
 2        if   respondent   has   possession   or  control,  direct
 3        respondent to promptly make it available  to  petitioner,
 4        if:
 5                  (i)  petitioner,  but  not respondent, owns the
 6             property; or
 7                  (ii)  the parties  own  the  property  jointly;
 8             sharing   it  would  risk  abuse  of  petitioner  by
 9             respondent or is impracticable; and the  balance  of
10             hardships favors temporary possession by petitioner.
11             If  petitioner's  sole  claim  to  ownership  of the
12        property is that it is marital property,  the  court  may
13        award  petitioner  temporary possession thereof under the
14        standards of subparagraph (ii) of this paragraph only  if
15        a  proper  proceeding  has  been filed under the Illinois
16        Marriage and Dissolution  of  Marriage  Act,  as  now  or
17        hereafter amended.
18             No  order under this provision shall affect title to
19        property.
20             (11)  Protection of property.  Forbid the respondent
21        from  taking,  transferring,   encumbering,   concealing,
22        damaging  or  otherwise disposing of any real or personal
23        property, except as explicitly authorized by  the  court,
24        if:
25                  (i)  petitioner,  but  not respondent, owns the
26             property; or
27                  (ii)  the parties own the property jointly, and
28             the  balance  of  hardships  favors  granting   this
29             remedy.
30             If  petitioner's  sole  claim  to  ownership  of the
31        property is that it is marital property,  the  court  may
32        grant  petitioner  relief under subparagraph (ii) of this
33        paragraph only if a  proper  proceeding  has  been  filed
34        under  the  Illinois Marriage and Dissolution of Marriage
 
                            -258-              LRB9206548DJgc
 1        Act, as now or hereafter amended.
 2             The  court  may  further  prohibit  respondent  from
 3        improperly using the financial or other resources  of  an
 4        aged  member of the family or household for the profit or
 5        advantage of respondent or of any other person.
 6             (12)  Order   for   payment   of   support.    Order
 7        respondent to pay temporary support for the petitioner or
 8        any child in the petitioner's care or custody,  when  the
 9        respondent has a legal obligation to support that person,
10        in  accordance with the Illinois Marriage and Dissolution
11        of Marriage Act, which shall govern, among other matters,
12        the amount of support,  payment  through  the  clerk  and
13        withholding  of  income  to secure payment.  An order for
14        child support may be granted to a petitioner with  lawful
15        physical  care  or  custody  of  a  child, or an order or
16        agreement for physical care or custody, prior to entry of
17        an order for legal custody.  Such a support  order  shall
18        expire upon entry of a valid order granting legal custody
19        to  another,  unless  otherwise  provided  in the custody
20        order.
21             (13)  Order for payment of losses. Order  respondent
22        to  pay petitioner for losses suffered as a direct result
23        of the abuse, neglect,  or  exploitation.    Such  losses
24        shall  include,  but not be limited to, medical expenses,
25        lost earnings or other support, repair or replacement  of
26        property  damaged  or  taken, reasonable attorney's fees,
27        court  costs  and  moving  or  other   travel   expenses,
28        including  additional  reasonable  expenses for temporary
29        shelter and restaurant meals.
30                  (i)  Losses affecting family needs.  If a party
31             is entitled to seek maintenance,  child  support  or
32             property distribution from the other party under the
33             Illinois  Marriage  and Dissolution of Marriage Act,
34             as now or hereafter amended,  the  court  may  order
 
                            -259-              LRB9206548DJgc
 1             respondent  to reimburse petitioner's actual losses,
 2             to the  extent  that  such  reimbursement  would  be
 3             "appropriate  temporary  relief",  as  authorized by
 4             subsection (a)(3) of Section 501 of that Act.
 5                  (ii)  Recovery of expenses.  In the case of  an
 6             improper  concealment  or  removal of a minor child,
 7             the court may order respondent to pay the reasonable
 8             expenses incurred or to be incurred  in  the  search
 9             for  and  recovery of the minor child, including but
10             not limited to  legal  fees,  court  costs,  private
11             investigator fees, and travel costs.
12             (14)  Prohibition of entry.  Prohibit the respondent
13        from  entering or remaining in the residence or household
14        while the respondent is under the influence of alcohol or
15        drugs  and  constitutes  a  threat  to  the  safety   and
16        well-being   of   the   petitioner  or  the  petitioner's
17        children.
18             (14.5)  Prohibition of firearm possession.
19                  (a)  When a complaint is made under  a  request
20             for  an order of protection, that the respondent has
21             threatened or is likely to  use  firearms  illegally
22             against   the  petitioner,  and  the  respondent  is
23             present in court, or  has  failed  to  appear  after
24             receiving  actual notice, the court shall examine on
25             oath the petitioner, and any witnesses  who  may  be
26             produced.   If  the court is satisfied that there is
27             any danger of the illegal use of firearms, it  shall
28             issue  an  order that any firearms in the possession
29             of the respondent, except as provided in  subsection
30             (b),  be  turned  over  to the local law enforcement
31             agency  for  safekeeping.   If  the  respondent  has
32             failed to appear, the court shall  issue  a  warrant
33             for  seizure of any firearm in the possession of the
34             respondent. The period of safekeeping shall be for a
 
                            -260-              LRB9206548DJgc
 1             stated period of time not to exceed  2  years.   The
 2             firearm   or  firearms  shall  be  returned  to  the
 3             respondent at the end of the  stated  period  or  at
 4             expiration  of the order of protection, whichever is
 5             sooner.
 6                  (b)  If the respondent is a  peace  officer  as
 7             defined  in  Section  2-13  of  the Criminal Code of
 8             1961, the court shall order that any  firearms  used
 9             by  the  respondent in the performance of his or her
10             duties as a peace  officer  be  surrendered  to  the
11             chief  law  enforcement  executive  of the agency in
12             which the respondent is employed, who  shall  retain
13             the  firearms  for safekeeping for the stated period
14             not to exceed 2 years as  set  forth  in  the  court
15             order.
16             (15)  Prohibition of access to records.  If an order
17        of  protection  prohibits  respondent from having contact
18        with the minor  child,  or  if  petitioner's  address  is
19        omitted  under  subsection  (b)  of  Section  203,  or if
20        necessary  to  prevent  abuse  or  wrongful  removal   or
21        concealment  of  a  minor  child,  the  order  shall deny
22        respondent  access  to,  and  prohibit  respondent   from
23        inspecting,   obtaining,  or  attempting  to  inspect  or
24        obtain, school or any other records of  the  minor  child
25        who is in the care of petitioner.
26             (16)  Order  for payment of shelter services.  Order
27        respondent to reimburse  a  shelter  providing  temporary
28        housing and counseling services to the petitioner for the
29        cost  of  the  services,  as certified by the shelter and
30        deemed reasonable by the court.
31             (17)  Order for injunctive relief.  Enter injunctive
32        relief necessary or appropriate to prevent further  abuse
33        of  a  family  or  household  member  or  further  abuse,
34        neglect,  or  exploitation  of  a  high-risk  adult  with
 
                            -261-              LRB9206548DJgc
 1        disabilities   or   to  effectuate  one  of  the  granted
 2        remedies, if supported by the balance of  hardships.   If
 3        the  harm  to  be prevented by the injunction is abuse or
 4        any other  harm  that  one  of  the  remedies  listed  in
 5        paragraphs   (1)  through  (16)  of  this  subsection  is
 6        designed to prevent, no  further  evidence  is  necessary
 7        that the harm is an irreparable injury.
 8        (c)  Relevant factors; findings.
 9             (1)  In  determining  whether  to  grant  a specific
10        remedy, other than payment of support,  the  court  shall
11        consider  relevant  factors, including but not limited to
12        the following:
13                  (i)  the nature, frequency,  severity,  pattern
14             and  consequences  of  the  respondent's past abuse,
15             neglect or exploitation of  the  petitioner  or  any
16             family    or   household   member,   including   the
17             concealment of his or her location in order to evade
18             service of process or notice, and the likelihood  of
19             danger  of future abuse, neglect, or exploitation to
20             petitioner  or  any  member   of   petitioner's   or
21             respondent's family or household; and
22                  (ii)  the  danger  that any minor child will be
23             abused or neglected or improperly removed  from  the
24             jurisdiction,  improperly concealed within the State
25             or improperly separated  from  the  child's  primary
26             caretaker.
27             (2)  In  comparing  relative  hardships resulting to
28        the parties from loss of possession of the  family  home,
29        the  court shall consider relevant factors, including but
30        not limited to the following:
31                  (i)  availability, accessibility, cost, safety,
32             adequacy,  location  and  other  characteristics  of
33             alternate housing for each party and any minor child
34             or dependent adult in the party's care;
 
                            -262-              LRB9206548DJgc
 1                  (ii)  the effect on the party's employment; and
 2                  (iii)  the effect on the  relationship  of  the
 3             party, and any minor child or dependent adult in the
 4             party's   care,   to   family,  school,  church  and
 5             community.
 6             (3)  Subject  to  the  exceptions   set   forth   in
 7        paragraph  (4)  of  this subsection, the court shall make
 8        its findings in an official record  or  in  writing,  and
 9        shall at a minimum set forth the following:
10                  (i)  That   the   court   has   considered  the
11             applicable relevant factors described in  paragraphs
12             (1) and (2) of this subsection.
13                  (ii)  Whether   the   conduct   or  actions  of
14             respondent, unless  prohibited,  will  likely  cause
15             irreparable harm or continued abuse.
16                  (iii)  Whether  it  is  necessary  to grant the
17             requested relief in order to protect  petitioner  or
18             other alleged abused persons.
19             (4)  For  purposes  of issuing an ex parte emergency
20        order of protection, the court, as an alternative  to  or
21        as  a  supplement  to  making  the  findings described in
22        paragraphs  (c)(3)(i)   through   (c)(3)(iii)   of   this
23        subsection, may use the following procedure:
24             When  a  verified petition for an emergency order of
25        protection  in  accordance  with  the   requirements   of
26        Sections 203 and 217 is presented to the court, the court
27        shall  examine  petitioner  on  oath  or affirmation.  An
28        emergency order of protection  shall  be  issued  by  the
29        court if it appears from the contents of the petition and
30        the  examination  of  petitioner  that  the averments are
31        sufficient to indicate abuse by respondent and to support
32        the  granting  of  relief  under  the  issuance  of   the
33        emergency order of protection.
34             (5)  Never    married   parties.    No   rights   or
 
                            -263-              LRB9206548DJgc
 1        responsibilities  for  a  minor  child  born  outside  of
 2        marriage attach to a putative father until a  father  and
 3        child   relationship   has  been  established  under  the
 4        Attorney General Act, the Illinois Parentage Act of 1984,
 5        the Illinois Public Aid Code, Section  12  of  the  Vital
 6        Records  Act, the Juvenile Court Act of 1987, the Probate
 7        Act of 1985, the Revised Uniform  Reciprocal  Enforcement
 8        of  Support  Act,  the  Uniform Interstate Family Support
 9        Act,  the  Expedited  Child  Support  Act  of  1990,  any
10        judicial, administrative, or other act of  another  state
11        or  territory,  any  other  Illinois  statute,  or by any
12        foreign  nation  establishing  the   father   and   child
13        relationship,   any  other  proceeding  substantially  in
14        conformity with  the  Personal  Responsibility  and  Work
15        Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
16        or  where  both  parties  appeared in open court or at an
17        administrative  hearing  acknowledging  under    oath  or
18        admitting by affirmation the existence of  a  father  and
19        child relationship. Absent such an adjudication, finding,
20        or  acknowledgement,  no putative father shall be granted
21        temporary custody of the minor child, visitation with the
22        minor child, or physical care and possession of the minor
23        child, nor shall an order of payment for support  of  the
24        minor child be entered.
25        (d)  Balance  of hardships; findings.  If the court finds
26    that the balance of hardships does not support  the  granting
27    of  a  remedy  governed by paragraph (2), (3), (10), (11), or
28    (16) of subsection (b) of this  Section,  which  may  require
29    such  balancing,  the  court's findings shall so indicate and
30    shall include a finding as to  whether  granting  the  remedy
31    will   result   in   hardship   to   respondent   that  would
32    substantially outweigh the hardship to petitioner from denial
33    of the remedy. The findings shall be an official record or in
34    writing.
 
                            -264-              LRB9206548DJgc
 1        (e)  Denial of remedies.  Denial of any remedy shall  not
 2    be based, in whole or in part, on evidence that:
 3             (1)  Respondent  has  cause  for  any  use of force,
 4        unless that cause satisfies the standards for justifiable
 5        use of force provided by Article VII of the Criminal Code
 6        of 1961;
 7             (2)  Respondent was voluntarily intoxicated;
 8             (3)  Petitioner acted in self-defense or defense  of
 9        another,  provided  that,  if  petitioner utilized force,
10        such force was  justifiable  under  Article  VII  of  the
11        Criminal Code of 1961;
12             (4)  Petitioner  did  not  act  in  self-defense  or
13        defense of another;
14             (5)  Petitioner  left  the residence or household to
15        avoid  further  abuse,  neglect,   or   exploitation   by
16        respondent;
17             (6)  Petitioner  did  not  leave  the  residence  or
18        household   to   avoid   further   abuse,   neglect,   or
19        exploitation by respondent;
20             (7)  Conduct  by  any  family  or  household  member
21        excused   the   abuse,   neglect,   or   exploitation  by
22        respondent, unless that same conduct would  have  excused
23        such  abuse,  neglect, or exploitation if the parties had
24        not been family or household members.
25    (Source: P.A. 89-367, eff. 1-1-96; 90-118, eff. 1-1-98.)

26        Section 80.  The Unemployment Insurance Act is amended by
27    changing Section 1300 as follows:

28        (820 ILCS 405/1300) (from Ch. 48, par. 540)
29        Sec. 1300.   Waiver  or  transfer  of  benefit  rights  -
30    Partial exemption.
31        (A)  Except as otherwise provided herein any agreement by
32    an  individual  to waive, release or commute his rights under
 
                            -265-              LRB9206548DJgc
 1    this Act shall be void.
 2        (B)  Benefits due under this Act shall not  be  assigned,
 3    pledged, encumbered, released or commuted and shall be exempt
 4    from  all  claims  of  creditors and from levy, execution and
 5    attachment or other remedy for recovery or  collection  of  a
 6    debt.   However,  nothing  in  this  Section shall prohibit a
 7    specified or  agreed  upon  deduction  from  benefits  by  an
 8    individual,   or   a   court   or  administrative  order  for
 9    withholding of income, for payment of past due child  support
10    from  being  enforced  and  collected by the Attorney General
11    Department of Public Aid on behalf  of  persons  receiving  a
12    grant  of  financial  aid  under  Article  IV of the Illinois
13    Public Aid Code, persons for whom  an  application  has  been
14    made  and  approved for support services under Section 7.5 of
15    the Attorney General  Act  10-1  of  such  Code,  or  persons
16    similarly  situated  and  receiving  like support services in
17    other states.   It is provided that:
18             (1)  The aforementioned deduction  of  benefits  and
19        order for withholding of income apply only if appropriate
20        arrangements  have  been  made  for  reimbursement to the
21        Director by the Attorney General Department of Public Aid
22        for any administrative costs  incurred  by  the  Director
23        under this Section.
24             (2)  The  Director  shall  deduct  and withhold from
25        benefits payable under this Act, or under any arrangement
26        for the payment of benefits entered into by the  Director
27        pursuant to the powers granted under Section 2700 of this
28        Act, the amount specified or agreed upon.  In the case of
29        a  court    or  administrative  order  for withholding of
30        income, the Director shall withhold  the  amount  of  the
31        order.
32             (3)  Any   amount   deducted  and  withheld  by  the
33        Director shall be paid to the Attorney General Department
34        of Public Aid or the State Disbursement Unit  established
 
                            -266-              LRB9206548DJgc
 1        under  Section 7.295 of the Attorney General Act 10-26 of
 2        the Illinois Public Aid Code, as directed by the Attorney
 3        General Department  of  Public  Aid,  on  behalf  of  the
 4        individual.
 5             (4)  Any   amount   deducted   and   withheld  under
 6        subsection (3) shall for all purposes be treated as if it
 7        were paid to the individual as benefits and paid by  such
 8        individual  to  the Attorney General Department of Public
 9        Aid or the State Disbursement Unit in satisfaction of the
10        individual's child support obligations.
11             (5)  For the purpose of this Section, child  support
12        is  defined as those obligations which are being enforced
13        pursuant to a plan described in Title IV, Part D, Section
14        454 of the  Social  Security  Act  and  approved  by  the
15        Secretary of Health and Human Services.
16             (6)  The   deduction   of  benefits  and  order  for
17        withholding of income for child support shall be governed
18        by Titles III and IV of the Social Security Act  and  all
19        regulations duly promulgated thereunder.
20        (C)  Nothing in this Section prohibits an individual from
21    voluntarily  electing to have federal income tax deducted and
22    withheld from  his  or  her  unemployment  insurance  benefit
23    payments.
24             (1)  The   Director  shall,  at  the  time  that  an
25        individual files his  or  her  claim  for  benefits  that
26        establishes   his   or   her  benefit  year,  inform  the
27        individual that:
28                  (a)  unemployment  insurance  is   subject   to
29             federal, State, and local income taxes;
30                  (b)  requirements exist pertaining to estimated
31             tax payments;
32                  (c)  the  individual  may elect to have federal
33             income tax deducted and withheld  from  his  or  her
34             payments  of  unemployment  insurance  in the amount
 
                            -267-              LRB9206548DJgc
 1             specified in the federal Internal Revenue Code; and
 2                  (d)  the individual is permitted  to  change  a
 3             previously elected withholding status.
 4             (2)  Amounts deducted and withheld from unemployment
 5        insurance  shall  remain  in  the unemployment fund until
 6        transferred to the federal taxing authority as a  payment
 7        of income tax.
 8             (3)  The   Director   shall  follow  all  procedures
 9        specified by the United States Department  of  Labor  and
10        the  federal  Internal  Revenue Service pertaining to the
11        deducting and withholding of income tax.
12             (4)  Amounts  shall  be  deducted  and  withheld  in
13        accordance  with  the  priorities  established  in  rules
14        promulgated by the Director.
15        (D)  Nothing in this Section prohibits an individual from
16    voluntarily electing to have State  of  Illinois  income  tax
17    deducted  and withheld from his or her unemployment insurance
18    benefit  payments  if  such  deduction  and  withholding   is
19    provided for pursuant to rules promulgated by the Director.
20             (1)  If   pursuant   to  rules  promulgated  by  the
21        Director, an individual may  voluntarily  elect  to  have
22        State  of  Illinois income tax deducted and withheld from
23        his or her unemployment insurance benefit  payments,  the
24        Director  shall, at the time that an individual files his
25        or her claim for benefits that  establishes  his  or  her
26        benefit   year,  in  addition  to  providing  the  notice
27        required under subsection C, inform the individual that:
28                  (a)  the individual may elect to have State  of
29             Illinois  income  tax deducted and withheld from his
30             or her payments of  unemployment  insurance  in  the
31             amount  specified  pursuant  to rules promulgated by
32             the Director; and
33                  (b)  the individual is permitted  to  change  a
34             previously elected withholding status.
 
                            -268-              LRB9206548DJgc
 1             (2)  Amounts deducted and withheld from unemployment
 2        insurance  shall  remain  in  the unemployment fund until
 3        transferred to the Department of Revenue as a payment  of
 4        State of Illinois income tax.
 5             (3)  Amounts  shall  be  deducted  and  withheld  in
 6        accordance  with  the  priorities  established  in  rules
 7        promulgated by the Director.
 8        (E)  Nothing  in this Section prohibits the deduction and
 9    withholding of an  uncollected  overissuance  of  food  stamp
10    coupons from unemployment insurance benefits pursuant to this
11    subsection (E).
12             (1)  At  the  time  that an individual files a claim
13        for benefits that establishes his or  her  benefit  year,
14        that  individual  must  disclose whether or not he or she
15        owes an uncollected overissuance (as defined  in  Section
16        13(c)(1)  of  the federal Food Stamp Act of 1977) of food
17        stamp coupons.  The Director shall notify the State  food
18        stamp  agency enforcing such obligation of any individual
19        who  discloses  that  he  or  she  owes  an   uncollected
20        overissuance  of  food  stamp  coupons  and who meets the
21        monetary eligibility  requirements  of  subsection  E  of
22        Section 500.
23             (2)  The Director shall deduct and withhold from any
24        unemployment  insurance benefits payable to an individual
25        who  owes  an  uncollected  overissuance  of  food  stamp
26        coupons:
27                  (a)  the amount specified by the individual  to
28             the  Director to be deducted and withheld under this
29             subsection (E);
30                  (b)  the amount (if any) determined pursuant to
31             an agreement  submitted  to  the  State  food  stamp
32             agency under Section 13(c)(3)(A) of the federal Food
33             Stamp Act of 1977; or
34                  (c)  any   amount   otherwise  required  to  be
 
                            -269-              LRB9206548DJgc
 1             deducted and withheld  from  unemployment  insurance
 2             benefits  pursuant  to  Section  13(c)(3)(B)  of the
 3             federal Food Stamp Act of 1977.
 4             (3)  Any amount deducted and  withheld  pursuant  to
 5        this  subsection (E) shall be paid by the Director to the
 6        State food stamp agency.
 7             (4)  Any amount deducted and  withheld  pursuant  to
 8        this  subsection (E) shall for all purposes be treated as
 9        if  it  were  paid  to  the  individual  as  unemployment
10        insurance benefits and paid  by  the  individual  to  the
11        State  food stamp agency as repayment of the individual's
12        uncollected overissuance of food stamp coupons.
13             (5)  For   purposes   of   this   subsection    (E),
14        "unemployment  insurance benefits" means any compensation
15        payable under this Act including amounts payable  by  the
16        Director  pursuant  to an agreement under any federal law
17        providing for  compensation,  assistance,  or  allowances
18        with respect to unemployment.
19             (6)  This    subsection    (E)   applies   only   if
20        arrangements have been  made  for  reimbursement  by  the
21        State  food  stamp  agency  for  the administrative costs
22        incurred by the Director under this subsection (E)  which
23        are   attributable   to   the  repayment  of  uncollected
24        overissuances of food stamp coupons  to  the  State  food
25        stamp agency.
26    (Source:  P.A.  90-425,  eff. 8-15-97; 90-554, eff. 12-12-97;
27    91-212, eff. 7-20-99; 91-712, eff. 7-1-00.)

28        Section 95.  No acceleration or delay.   Where  this  Act
29    makes changes in a statute that is represented in this Act by
30    text  that  is not yet or no longer in effect (for example, a
31    Section represented by multiple versions), the  use  of  that
32    text  does  not  accelerate or delay the taking effect of (i)
33    the changes made by this Act or (ii) provisions derived  from
 
                            -270-              LRB9206548DJgc
 1    any other Public Act.

 2        Section  99.   Effective  date.  This Act takes effect on
 3    July 1, 2001.
 
                            -271-              LRB9206548DJgc
 1                                INDEX
 2               Statutes amended in order of appearance
 3    5 ILCS 100/10-65          from Ch. 127, par. 1010-65
 4    5 ILCS 220/3              from Ch. 127, par. 743
 5    15 ILCS 205/7.1 new
 6    15 ILCS 205/7.5 new
 7    15 ILCS 205/7.10 new
 8    15 ILCS 205/7.15 new
 9    15 ILCS 205/7.20 new
10    15 ILCS 205/7.25 new
11    15 ILCS 205/7.27 new
12    15 ILCS 205/7.28 new
13    15 ILCS 205/7.30 new
14    15 ILCS 205/7.35 new
15    15 ILCS 205/7.40 new
16    15 ILCS 205/7.45 new
17    15 ILCS 205/7.50 new
18    15 ILCS 205/7.52 new
19    15 ILCS 205/7.55 new
20    15 ILCS 205/7.60 new
21    15 ILCS 205/7.65 new
22    15 ILCS 205/7.70 new
23    15 ILCS 205/7.75 new
24    15 ILCS 205/7.76 new
25    15 ILCS 205/7.78 new
26    15 ILCS 205/7.80 new
27    15 ILCS 205/7.85 new
28    15 ILCS 205/7.87 new
29    15 ILCS 205/7.90 new
30    15 ILCS 205/7.95 new
31    15 ILCS 205/7.97 new
32    15 ILCS 205/7.100 new
33    15 ILCS 205/7.105 new
34    15 ILCS 205/7.110 new
 
                            -272-              LRB9206548DJgc
 1    15 ILCS 205/7.115 new
 2    15 ILCS 205/7.120 new
 3    15 ILCS 205/7.125 new
 4    15 ILCS 205/7.130 new
 5    15 ILCS 205/7.135 new
 6    15 ILCS 205/7.140 new
 7    15 ILCS 205/7.145 new
 8    15 ILCS 205/7.150 new
 9    15 ILCS 205/7.152 new
10    15 ILCS 205/7.155 new
11    15 ILCS 205/7.160 new
12    15 ILCS 205/7.165 new
13    15 ILCS 205/7.170 new
14    15 ILCS 205/7.172 new
15    15 ILCS 205/7.173 new
16    15 ILCS 205/7.174 new
17    15 ILCS 205/7.175 new
18    15 ILCS 205/7.180 new
19    15 ILCS 205/7.185 new
20    15 ILCS 205/7.190 new
21    15 ILCS 205/7.195 new
22    15 ILCS 205/7.200 new
23    15 ILCS 205/7.205 new
24    15 ILCS 205/7.210 new
25    15 ILCS 205/7.215 new
26    15 ILCS 205/7.220 new
27    15 ILCS 205/7.221 new
28    15 ILCS 205/7.223 new
29    15 ILCS 205/7.225 new
30    15 ILCS 205/7.230 new
31    15 ILCS 205/7.235 new
32    15 ILCS 205/7.240 new
33    15 ILCS 205/7.250 new
34    15 ILCS 205/7.255 new
 
                            -273-              LRB9206548DJgc
 1    15 ILCS 205/7.260 new
 2    15 ILCS 205/7.265 new
 3    15 ILCS 205/7.270 new
 4    15 ILCS 205/7.275 new
 5    15 ILCS 205/7.280 new
 6    15 ILCS 205/7.285 new
 7    15 ILCS 205/7.290 new
 8    15 ILCS 205/7.292 new
 9    15 ILCS 205/7.295 new
10    15 ILCS 205/7.297 new
11    15 ILCS 205/7.300 new
12    15 ILCS 205/7.305 new
13    15 ILCS 405/10.05a        from Ch. 15, par. 210.05a
14    20 ILCS 1020/35
15    20 ILCS 1605/13           from Ch. 120, par. 1163
16    20 ILCS 2105/2105-15      was 20 ILCS 2105/60
17    20 ILCS 2505/2505-650     was 20 ILCS 2505/39b52
18    20 ILCS 2605/2605-377     was 20 ILCS 2605/55a in part
19    35 ILCS 5/901             from Ch. 120, par. 9-901
20    205 ILCS 5/48.4
21    205 ILCS 105/1-6d
22    205 ILCS 205/7007
23    205 ILCS 305/43.1
24    205 ILCS 645/20
25    215 ILCS 5/238            from Ch. 73, par. 850
26    215 ILCS 5/238.1
27    215 ILCS 5/299.1a         from Ch. 73, par. 911.1a
28    215 ILCS 5/299.1b
29    215 ILCS 5/337.1
30    225 ILCS 425/2.04         from Ch. 111, par. 2005.1
31    305 ILCS 5/10-1.5 new
32    305 ILCS 5/10-21          from Ch. 23, par. 10-21
33    305 ILCS 5/12-4.7c
34    305 ILCS 5/12-10.2        from Ch. 23, par. 12-10.2
 
                            -274-              LRB9206548DJgc
 1    305 ILCS 5/12-9.1
 2    305 ILCS 5/12-16          from Ch. 23, par. 12-16
 3    305 ILCS 5/12-21.3        from Ch. 23, par. 12-21.3
 4    305 ILCS 5/10-1 rep.
 5    305 ILCS 5/10-2 rep.
 6    305 ILCS 5/10-3 rep.
 7    305 ILCS 5/10-3.1 rep.
 8    305 ILCS 5/10-3.2 rep.
 9    305 ILCS 5/10-3.3 rep.
10    305 ILCS 5/10-3.4 rep.
11    305 ILCS 5/10-4 rep.
12    305 ILCS 5/10-5 rep.
13    305 ILCS 5/10-6 rep.
14    305 ILCS 5/10-7 rep.
15    305 ILCS 5/10-8 rep.
16    305 ILCS 5/10-8.1 rep.
17    305 ILCS 5/10-9 rep.
18    305 ILCS 5/10-10 rep.
19    305 ILCS 5/10-10.1 rep.
20    305 ILCS 5/10-10.2 rep.
21    305 ILCS 5/10-10.3 rep.
22    305 ILCS 5/10-10.4 rep.
23    305 ILCS 5/10-10.5 rep.
24    305 ILCS 5/10-11 rep.
25    305 ILCS 5/10-11.1 rep.
26    305 ILCS 5/10-11.2 rep.
27    305 ILCS 5/10-12 rep.
28    305 ILCS 5/10-12.1 rep.
29    305 ILCS 5/10-13 rep.
30    305 ILCS 5/10-13.1 rep.
31    305 ILCS 5/10-13.2 rep.
32    305 ILCS 5/10-13.3 rep.
33    305 ILCS 5/10-13.4 rep.
34    305 ILCS 5/10-13.5 rep.
 
                            -275-              LRB9206548DJgc
 1    305 ILCS 5/10-13.6 rep.
 2    305 ILCS 5/10-13.7 rep.
 3    305 ILCS 5/10-13.8 rep.
 4    305 ILCS 5/10-13.9 rep.
 5    305 ILCS 5/10-13.10 rep.
 6    305 ILCS 5/10-14 rep.
 7    305 ILCS 5/10-14.1 rep.
 8    305 ILCS 5/10-15 rep.
 9    305 ILCS 5/10-16 rep.
10    305 ILCS 5/10-16.2 rep.
11    305 ILCS 5/10-16.3 rep.
12    305 ILCS 5/10-16.4 rep.
13    305 ILCS 5/10-16.5 rep.
14    305 ILCS 5/10-16.6 rep.
15    305 ILCS 5/10-17 rep.
16    305 ILCS 5/10-17.1 rep.
17    305 ILCS 5/10-17.2 rep.
18    305 ILCS 5/10-17.3 rep.
19    305 ILCS 5/10-17.4 rep.
20    305 ILCS 5/10-17.5 rep.
21    305 ILCS 5/10-17.6 rep.
22    305 ILCS 5/10-17.7 rep.
23    305 ILCS 5/10-17.8 rep.
24    305 ILCS 5/10-17.9 rep.
25    305 ILCS 5/10-17.11 rep.
26    305 ILCS 5/10-18 rep.
27    305 ILCS 5/10-19 rep.
28    305 ILCS 5/10-20 rep.
29    305 ILCS 5/10-23 rep.
30    305 ILCS 5/10-24 rep.
31    305 ILCS 5/10-24.5 rep.
32    305 ILCS 5/10-24.30 rep.
33    305 ILCS 5/10-24.35 rep.
34    305 ILCS 5/10-24.40 rep.
 
                            -276-              LRB9206548DJgc
 1    305 ILCS 5/10-24.45 rep.
 2    305 ILCS 5/10-24.50 rep.
 3    305 ILCS 5/10-25 rep.
 4    305 ILCS 5/10-25.5 rep.
 5    305 ILCS 5/10-26 rep.
 6    305 ILCS 5/10-26.5 rep.
 7    305 ILCS 5/10-27 rep.
 8    305 ILCS 5/12-4.3 rep.
 9    305 ILCS 5/12-8.1 rep.
10    410 ILCS 513/22
11    410 ILCS 535/12           from Ch. 111 1/2, par. 73-12
12    410 ILCS 535/17           from Ch. 111 1/2, par. 73-17
13    410 ILCS 535/22           from Ch. 111 1/2, par. 73-22
14    515 ILCS 5/20-105         from Ch. 56, par. 20-105
15    520 ILCS 5/3.36           from Ch. 61, par. 3.36
16    625 ILCS 5/7-701
17    625 ILCS 5/7-702
18    625 ILCS 5/7-702.1
19    625 ILCS 5/7-703
20    625 ILCS 5/7-704
21    625 ILCS 5/7-705
22    625 ILCS 5/7-706
23    625 ILCS 5/7-707
24    625 ILCS 5/7-708
25    705 ILCS 205/1            from Ch. 13, par. 1
26    705 ILCS 405/6-9          from Ch. 37, par. 806-9
27    730 ILCS 5/5-7-6          from Ch. 38, par. 1005-7-6
28    735 ILCS 5/2-101          from Ch. 110, par. 2-101
29    750 ILCS 5/505            from Ch. 40, par. 505
30    750 ILCS 5/505.1          from Ch. 40, par. 505.1
31    750 ILCS 5/505.2          from Ch. 40, par. 505.2
32    750 ILCS 5/505.3
33    750 ILCS 5/506            from Ch. 40, par. 506
34    750 ILCS 5/507            from Ch. 40, par. 507
 
                            -277-              LRB9206548DJgc
 1    750 ILCS 5/507.1
 2    750 ILCS 5/510            from Ch. 40, par. 510
 3    750 ILCS 5/516            from Ch. 40, par. 516
 4    750 ILCS 5/705            from Ch. 40, par. 705
 5    750 ILCS 5/709            from Ch. 40, par. 709
 6    750 ILCS 5/710            from Ch. 40, par. 710
 7    750 ILCS 5/712            from Ch. 40, par. 712
 8    750 ILCS 16/7
 9    750 ILCS 16/20
10    750 ILCS 16/25
11    750 ILCS 16/30
12    750 ILCS 16/35
13    750 ILCS 16/50
14    750 ILCS 16/60
15    750 ILCS 22/101
16    750 ILCS 22/102
17    750 ILCS 22/310
18    750 ILCS 22/320
19    750 ILCS 25/5             from Ch. 40, par. 2705
20    750 ILCS 25/6             from Ch. 40, par. 2706
21    750 ILCS 28/15
22    750 ILCS 28/35
23    750 ILCS 28/45
24    750 ILCS 45/4.1
25    750 ILCS 45/5             from Ch. 40, par. 2505
26    750 ILCS 45/6             from Ch. 40, par. 2506
27    750 ILCS 45/8             from Ch. 40, par. 2508
28    750 ILCS 45/11            from Ch. 40, par. 2511
29    750 ILCS 45/13            from Ch. 40, par. 2513
30    750 ILCS 45/13.1
31    750 ILCS 45/14            from Ch. 40, par. 2514
32    750 ILCS 45/14.1
33    750 ILCS 45/15.1          from Ch. 40, par. 2515.1
34    750 ILCS 45/18            from Ch. 40, par. 2518
 
                            -278-              LRB9206548DJgc
 1    750 ILCS 45/21            from Ch. 40, par. 2521
 2    750 ILCS 45/21.1
 3    750 ILCS 45/22            from Ch. 40, par. 2522
 4    750 ILCS 45/23            from Ch. 40, par. 2523
 5    750 ILCS 60/214           from Ch. 40, par. 2312-14
 6    820 ILCS 405/1300         from Ch. 48, par. 540

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