State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]


92_HB3128enr

 
HB3128 Enrolled                               LRB9201522DJcsA

 1        AN ACT in relation to support.

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

 4        Section  5.  The  Illinois  Public Aid Code is amended by
 5    changing Sections 10-10.5, 10-11.2, and 10-27 as follows:

 6        (305 ILCS 5/10-10.5)
 7        Sec. 10-10.5.  Information to State Case Registry.
 8        (a) In this Section:
 9        "Order for support", "obligor", "obligee", and  "business
10    day"  are  defined as set forth in the Income Withholding for
11    Support Act.
12        "State Case  Registry"  means  the  State  Case  Registry
13    established under Section 10-27 of this Code.
14        (b)  Each  order  for  support entered or modified by the
15    circuit court under Section  10-10  shall  require  that  the
16    obligor  and  obligee  (i) file with the clerk of the circuit
17    court the information required by this Section (and any other
18    information required under Title IV, Part  D  of  the  Social
19    Security Act or by the federal Department of Health and Human
20    Services)  at the time of entry or modification  of the order
21    for support and (ii) file updated information with the  clerk
22    within  5 business days of any change. Failure of the obligor
23    or obligee to file or update the required  information  shall
24    be punishable as in cases of contempt.  The failure shall not
25    prevent  the  court  from entering or modifying the order for
26    support, however.
27        (c)  The obligor shall file  the  following  information:
28    the  obligor's  name,  date of birth, social security number,
29    and mailing address.
30        If either the  obligor  or  the  obligee  receives  child
31    support  enforcement  services  from  the Illinois Department
 
HB3128 Enrolled            -2-                LRB9201522DJcsA
 1    under Article X of this Code, the obligor shall also file the
 2    following  information:  the  obligor's   telephone   number,
 3    driver's   license   number,   and  residential  address  (if
 4    different from the obligor's mailing address), and the  name,
 5    address,  and  telephone  number of the obligor's employer or
 6    employers.
 7        (d)  The obligee shall file the following information:
 8             (1) The names  of  the  obligee  and  the  child  or
 9        children covered by the order for support.
10             (2)  The dates of birth of the obligee and the child
11        or children covered by the order for support.
12             (3)  The  social security numbers of the obligee and
13        the child or children covered by the order for support.
14             (4)  The obligee's mailing address.
15        (e)  In cases in which the obligee receives child support
16    enforcement  services  from  the  Illinois  Department  under
17    Article X of this Code,  the  order  for  support  shall  (i)
18    require  that the obligee file the information required under
19    subsection (d) with the Illinois Department for inclusion  in
20    the  State  Case  Registry,  rather than file the information
21    with the clerk, and (ii) require that the obligee include the
22    following additional information:
23             (1)  The obligee's telephone  and  driver's  license
24        numbers.
25             (2)  The obligee's residential address, if different
26        from the obligee's mailing address.
27             (3)  The  name, address, and telephone number of the
28        obligee's employer or employers.
29        The order for support shall also require that the obligee
30    update the information filed  with  the  Illinois  Department
31    within 5 business days of any change.
32        (f)  The  clerk shall provide the information filed under
33    this Section, together  with  the  court  docket  number  and
34    county  in  which  the  order for support was entered, to the
 
HB3128 Enrolled            -3-                LRB9201522DJcsA
 1    State Case Registry within 5 business days after  receipt  of
 2    the information.
 3        (g)  In  a  case  in  which  a  party  is receiving child
 4    support enforcement services under Article X  of  this  Code,
 5    the  clerk shall provide the following additional information
 6    to the State Case Registry within 5 business days after entry
 7    or modification of an order for support or request  from  the
 8    Illinois Department:
 9             (1)  The amount of monthly or other periodic support
10        owed  under  the  order  for  support  and other amounts,
11        including arrearage, interest, or late payment  penalties
12        and fees, due or overdue under the order.
13             (2)  Any such amounts that have been received by the
14        clerk,  and  the  distribution  of  those  amounts by the
15        clerk.
16        (h)  Information filed by the obligor and  obligee  under
17    this Section that is not specifically required to be included
18    in the body of an order for support under other laws is not a
19    public  record  and  shall  be  treated  as  confidential and
20    subject to disclosure only in accordance with the  provisions
21    of  this  Section,  Section 10-27 of this Code, and Title IV,
22    Part D of the Social Security Act.
23        (a)  When an order for support is entered or modified  by
24    the  circuit  court  under  Section  10-10,  the clerk of the
25    circuit court shall, within 5 business days, provide  to  the
26    Illinois  Department's  State Case Registry established under
27    Section 10-27 of this Code the court docket number and county
28    in which the order is entered or modified and  the  following
29    information, which the parties shall disclose to the court:
30             (1)  The  names  of  the custodial and non-custodial
31        parents and the child or children covered by the order.
32             (2)  The  dates  of  birth  of  the  custodial   and
33        non-custodial  parents  and  of  the  child  or  children
34        covered by the order.
 
HB3128 Enrolled            -4-                LRB9201522DJcsA
 1             (3)  The  social  security  numbers of the custodial
 2        and non-custodial parents and of the  child  or  children
 3        covered by the order.
 4             (4)  The  residential  and mailing addresses for the
 5        custodial and non-custodial parents.
 6             (5)  The telephone numbers  for  the  custodial  and
 7        non-custodial parents.
 8             (6)  The  driver's license numbers for the custodial
 9        and non-custodial parents.
10             (7)  The name, address, and telephone number of each
11        parent's employer or employers.
12        (b)  When a child support order is  entered  or  modified
13    for  a  case  in  which a party is receiving child and spouse
14    support services under Article X  of  this  Code,  the  clerk
15    shall  provide  the  State  Case  Registry with the following
16    information:
17             (1)  The information specified in subsection (a)  of
18        this Section.
19             (2)  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             (3)  Any amounts described  in  subdivision  (2)  of
24        this subsection (b) that have been received by the clerk.
25             (4)  The distribution of the amounts received by the
26        clerk.
27        (c)  A  party  shall  report  to the clerk of the circuit
28    court changes in information required to the disclosed  under
29    this Section  within 5 business days of the change.
30        (d)  To  the  extent  that  updated information is in the
31    clerk's possession, the clerk shall provide  updates  of  the
32    information  specified  in  subsection  (b)  of  this Section
33    within  5  business  days  after  the  Illinois  Department's
34    request for that updated information.
 
HB3128 Enrolled            -5-                LRB9201522DJcsA
 1    (Source: P.A. 91-212, eff. 7-20-99.)

 2        (305 ILCS 5/10-11.2)
 3        Sec. 10-11.2.  Administrative support  order  information
 4    for State Case Registry.
 5        (a)  In  this  Section,  "business day" is defined as set
 6    forth in the Income  Withholding for Support Act.
 7        (b)  Each  administrative  support   order   entered   or
 8    modified  under Section 10-8.1 or Section 10-11 shall require
 9    the following:
10             (1)  That the non-custodial  parent  file  with  the
11        Illinois   Department   the   information   required   by
12        subsection (c) of this Section (and any other information
13        required  under  Title  IV, Part D of the Social Security
14        Act or by the federal  Department  of  Health  and  Human
15        Services)   within   5   business  days  after  entry  or
16        modification of the  administrative  support  order,  and
17        that   the  parent  file  updated  information  with  the
18        Illinois Department within 5 business days of any change.
19             (2)  That  the  custodial  parent  file   with   the
20        Illinois   Department   the   information   required   by
21        subsection (d) of this Section (and any other information
22        required  under  Title  IV, Part D of the Social Security
23        Act or by the federal  Department  of  Health  and  Human
24        Services)   within   5   business  days  after  entry  or
25        modification of the administrative support order  (unless
26        the custodial parent already filed the information during
27        the  child  support  case  intake  process), and that the
28        parent  file  updated  information  with   the   Illinois
29        Department within 5 business days of any change.
30        (c)  The  non-custodial  parent  shall file the following
31    information:
32             (1)  The name and date of birth of the non-custodial
33        parent.
 
HB3128 Enrolled            -6-                LRB9201522DJcsA
 1             (2)  The  non-custodial  parent's  social   security
 2        number, driver's license number, and telephone number.
 3             (3)  The   mailing   address  (and  the  residential
 4        address, if different from the mailing  address)  of  the
 5        non-custodial parent.
 6             (4)  The  name, address, and telephone number of the
 7        non-custodial parent's employer or employers.
 8        (d)  The  custodial  parent  shall  file  the   following
 9    information:
10             (1)  The  names  and dates of birth of the custodial
11        parent  and  the  child  or  children  covered   by   the
12        administrative support order.
13             (2)  The  social  security  numbers of the custodial
14        parent  and  the  child  or  children  covered   by   the
15        administrative support order.
16             (3)  The  custodial parent's driver's license number
17        and telephone number.
18             (4)  The custodial  parent's  mailing  address  (and
19        residential   address,  if  different  from  the  mailing
20        address).
21             (5)  The name, address, and telephone number of  the
22        custodial parent's employer or employers.
23        (e)  The  information  filed with the Illinois Department
24    under this Section  shall  be  included  in  the  State  Case
25    Registry established under Section 10-27 of this Code.
26        (f)  Information  filed  by  the non-custodial parent and
27    custodial parent under this Section that is not  specifically
28    required  to  be  included  in  the body of an administrative
29    support order under other laws or under rules of the Illinois
30    Department shall be treated as confidential  and  subject  to
31    disclosure  only  in  accordance  with the provisions of this
32    Section, Section 10-27 of this Code, and Title IV, Part D  of
33    the  Social Security Act. When the Illinois Department enters
34    an administrative support  order  under  Section   10-8.1  or
 
HB3128 Enrolled            -7-                LRB9201522DJcsA
 1    Section  10-11,  or  modifies  such  an  order, the custodial
 2    parent and the non-custodial  parent  shall  provide  to  the
 3    Illinois Department, and update as appropriate, the following
 4    information  to  be  included  in  the  State  Case  Registry
 5    established under Section 10-27:
 6             (1)  The  names  of  the custodial and non-custodial
 7        parents and of the  child  or  children  covered  by  the
 8        order.
 9             (2)  The  dates  of  birth  of   the  custodial  and
10        non-custodial  parents  and  of  the  child  or  children
11        covered by the order.
12             (3)  The  social  security  numbers of the custodial
13        and non-custodial parents and of the  child  or  children
14        covered by the order.
15             (4)  The  residential  and mailing addresses for the
16        custodial and non-custodial parents.
17             (5)  The telephone numbers  for  the  custodial  and
18        non-custodial parents.
19             (6)  The  driver's license numbers for the custodial
20        and non-custodial parents.
21             (7)  The name, address, and telephone number of each
22        parent's employer or employers.
23             (8)  Any other  information  that  may  be  required
24        under  Title  IV,  Part  D  of the Social Security Act or
25        regulations promulgated thereunder.
26    (Source: P.A. 91-212, eff. 7-20-99.)

27        (305 ILCS 5/10-27)
28        Sec. 10-27.  State Case Registry.
29        (a)  The Illinois Department shall establish an automated
30    State Case  Registry  to  contain  records  concerning  child
31    support   orders   for   parties   receiving   child  support
32    enforcement services under this Article X, and for all  child
33    support  orders  entered  or  modified on or after October 1,
 
HB3128 Enrolled            -8-                LRB9201522DJcsA
 1    1998.   The  State  Case  Registry  shall  include  (i)   the
 2    information filed with the Illinois Department, or filed with
 3    the  clerk  of the circuit court and provided to the Illinois
 4    Department, under the  provisions  of  Sections  10-10.5  and
 5    10-11.2  of this Code, Section 505.3 of the Illinois Marriage
 6    and  Dissolution  of  Marriage  Act,  Section   30   of   the
 7    Non-Support  Punishment Act, and Section 14.1 of the Illinois
 8    Parentage  Act  of  1984,  and  (ii)  any  other  information
 9    required under Title IV, Part D of the Social Security Act or
10    by the federal Department of Health and Human  Services.  The
11    Illinois  Department  shall establish an automated State Case
12    Registry to contain records concerning child  support  orders
13    for parties receiving child and spouse support services under
14    this  Article  X, and for all child support orders entered or
15    modified on  or  after  October  1,  1998,  and  pursuant  to
16    Sections  10-10  and  10-11 of this Code, and pursuant to the
17    Illinois  Marriage  and  Dissolution  of  Marriage  Act,  the
18    Non-Support  of  Spouse  and  Children   Act,   the   Uniform
19    Interstate  Family Support Act, or the Illinois Parentage Act
20    of 1984.
21        (b)  (Blank). The Illinois Department shall maintain  the
22    following information in the Registry for all cases described
23    in subsection (a):
24             (1)  the  names  of  the custodial and non-custodial
25        parents, and of the child  or  children  covered  by  the
26        order;
27             (2)  the   dates  of  birth  of  the  custodial  and
28        non-custodial parents,  and  of  the  child  or  children
29        covered by the order;
30             (3)  the  social  security  numbers of the custodial
31        and non-custodial parents and, if available, of the child
32        or children covered by the order;
33             (4)  the residential and mailing addresses  for  the
34        custodial and non-custodial parents;
 
HB3128 Enrolled            -9-                LRB9201522DJcsA
 1             (5)  the  telephone  numbers  for  the custodial and
 2        non-custodial parents;
 3             (6)  the driver's license numbers for the  custodial
 4        and non-custodial parents;
 5             (7)  the name, address, and telephone number of each
 6        parent's employer or employers;
 7             (8)  the case identification number;
 8             (9)  the court docket number, if applicable; and
 9             (10)  any  other  information  that  may be required
10        under Title IV, Part D of  the  Social  Security  Act  or
11        regulations promulgated thereunder.
12        (c)  The Illinois Department shall maintain the following
13    payment  information  on  child  support  orders  for parties
14    receiving child and spouse support enforcement services under
15    this Article X:
16             (1)  the amount of monthly or other periodic support
17        owed  under  the  order  and  other  amounts,   including
18        arrearages, interest or late payment penalties, and fees,
19        due or overdue under the order;
20             (2)  any  amounts  described  in  subdivision (1) of
21        subsection (d) that have been collected;
22             (3)  the distribution of the collected amounts; and
23             (4)  the amount of any lien imposed with respect  to
24        the order pursuant to Section 10-25 or Section 10-25.5 of
25        this Code.
26        (d)  The  Illinois  Department  shall  establish, update,
27    maintain, and monitor case records in the Registry of parties
28    receiving child and spouse support enforcement services under
29    this Article X, on the bases of:
30             (1)  information  on  administrative   actions   and
31        administrative   and   judicial  proceedings  and  orders
32        relating to paternity and support;
33             (2)  information  obtained  from   comparison   with
34        federal, State, and local sources of information;
 
HB3128 Enrolled            -10-               LRB9201522DJcsA
 1             (3)  information    on   support   collections   and
 2        distribution; and
 3             (4)  any other relevant information.
 4        (e)  The Illinois  Department  shall  use  the  automated
 5    State  Case  Registry  to share and compare information with,
 6    and  receive  information  from,   other   data   bases   and
 7    information  comparison  services  in  order  to  obtain  (or
 8    provide)   information   necessary  to  enable  the  Illinois
 9    Department (or the federal Department  of  Health  and  Human
10    Services or other State or federal agencies) to carry out the
11    requirements   of   the  child  support  enforcement  program
12    established under Title IV, Part D  of  the  Social  Security
13    Act.   Such  information  comparison activities shall include
14    the following:
15             (1)  Furnishing to  the  Federal  Case  Registry  of
16        Child  Support  Orders  (and  updating as necessary, with
17        information including notice of expiration of orders) the
18        information specified by the federal Department of Health
19        and Human Services in regulations.
20             (2)  Exchanging information with the Federal  Parent
21        Locator Service for the purposes specified in Section 453
22        of the Social Security Act.
23             (3)  Exchanging  information with State agencies (of
24        this State and of other  states)  administering  programs
25        funded under Title IV, Part A and Title XIX of the Social
26        Security Act and other programs designated by the federal
27        Department  of Health and Human Services, as necessary to
28        perform responsibilities under Title IV, Part  D  of  the
29        Social Security Act and under such other programs.
30             (4)  Exchanging  information  with other agencies of
31        this State, agencies  of  other  states,  and  interstate
32        information  networks,  as  necessary  and appropriate to
33        carry out (or assist  other  states  to  carry  out)  the
34        purposes of Title IV, Part D of the Social Security Act.
 
HB3128 Enrolled            -11-               LRB9201522DJcsA
 1             (5)  Disclosing information to any other entities as
 2        required  under  Title  IV, Part D of the Social Security
 3        Act.
 4        (f)  The   Illinois   Department   shall   adopt    rules
 5    establishing   safeguards,  applicable  to  all  confidential
 6    information included in the State  Case  Registry,  that  are
 7    designed  to protect the privacy rights of persons concerning
 8    whom information is on record in  the  State  Case  Registry.
 9    Such  safeguards  shall  include,  but  not be limited to the
10    following:
11             (1)  Prohibitions against the release of information
12        on the whereabouts of one party or the child  to  another
13        party against whom a protective order with respect to the
14        former party or the child has been entered.
15             (2)  Prohibitions against the release of information
16        on  the  whereabouts of one party or the child to another
17        party if the Illinois Department has reasonable  evidence
18        of domestic violence or child abuse (that is, allegations
19        of  domestic violence or child abuse, unless the Illinois
20        Department has an independent, reasonable basis  to  find
21        the  person  making  the  allegation not credible) to the
22        former  party  or   child   by   the   party   requesting
23        information.
24             (3)  Prohibitions against the release of information
25        on  the  whereabouts of one party or the child to another
26        person if the Illinois Department has reason  to  believe
27        the  release  of information to that person may result in
28        physical or emotional harm to the party or child.
29    (Source: P.A. 90-790, eff. 8-14-98.)

30        Section 10.  The Illinois  Marriage  and  Dissolution  of
31    Marriage Act is amended by changing Section 505.3 as follows:

32        (750 ILCS 5/505.3)
 
HB3128 Enrolled            -12-               LRB9201522DJcsA
 1        Sec. 505.3.  Information to State Case Registry.
 2        (a)  In this Section:
 3        "Order  for support", "obligor", "obligee", and "business
 4    day" are defined as set forth in the Income  Withholding  for
 5    Support Act.
 6        "State  Case  Registry"  means  the  State  Case Registry
 7    established under Section 10-27 of the  Illinois  Public  Aid
 8    Code.
 9        (b)  Each  order  for  support entered or modified by the
10    circuit court under this Act shall require that  the  obligor
11    and  obligee (i) file with the clerk of the circuit court the
12    information  required  by  this  Section   (and   any   other
13    information  required  under  Title  IV, Part D of the Social
14    Security Act or by the federal Department of Health and Human
15    Services) at the time of  entry or modification of the  order
16    for  support and (ii) file updated information with the clerk
17    within 5 business days of any change. Failure of the  obligor
18    or  obligee  to file or update the required information shall
19    be punishable as in cases of contempt.  The failure shall not
20    prevent the court from entering or modifying  the  order  for
21    support, however.
22        (c)  The  obligor  shall  file the following information:
23    the obligor's name, date of birth,  social  security  number,
24    and mailing address.
25        If  either  the  obligor  or  the  obligee receives child
26    support enforcement services from the Illinois Department  of
27    Public  Aid  under Article X of the Illinois Public Aid Code,
28    the obligor shall also file the  following  information:  the
29    obligor's  telephone  number,  driver's  license  number, and
30    residential address (if different from the obligor's  mailing
31    address),  and the name, address, and telephone number of the
32    obligor's employer or employers.
33        (d)  The obligee shall file the following information:
34             (1)  The names of  the  obligee  and  the  child  or
 
HB3128 Enrolled            -13-               LRB9201522DJcsA
 1        children covered by the order for support.
 2             (2)  The dates of birth of the obligee and the child
 3        or children covered by the order for support.
 4             (3)  The  social security numbers of the obligee and
 5        the child or children covered by the order for support.
 6             (4)  The obligee's mailing address.
 7        (e)  In cases in which the obligee receives child support
 8    enforcement services from the Illinois Department  of  Public
 9    Aid  under  Article  X  of  the Illinois Public Aid Code, the
10    order for support shall (i) require that the obligee file the
11    information required under subsection (d) with  the  Illinois
12    Department  of  Public  Aid  for  inclusion in the State Case
13    Registry, rather than file the information  with  the  clerk,
14    and  (ii)  require  that  the  obligee  include the following
15    additional information:
16             (1)  The obligee's telephone  and  driver's  license
17        numbers.
18             (2)  The obligee's residential address, if different
19        from the obligee's mailing address.
20             (3)  The  name, address, and telephone number of the
21        obligee's employer or employers.
22        The order for support shall also require that the obligee
23    update the information filed with the Illinois Department  of
24    Public Aid within 5 business days of any change.
25        (f)  The  clerk shall provide the information filed under
26    this Section, together  with  the  court  docket  number  and
27    county  in  which  the  order for support was entered, to the
28    State Case Registry within 5 business days after  receipt  of
29    the information.
30        (g)  In  a  case  in  which  a  party  is receiving child
31    support enforcement services under Article X of the  Illinois
32    Public  Aid  Code,  the  clerk  shall  provide  the following
33    additional information to the State Case  Registry  within  5
34    business  days  after  entry  or modification of an order for
 
HB3128 Enrolled            -14-               LRB9201522DJcsA
 1    support or request from the  Illinois  Department  of  Public
 2    Aid:
 3             (1)  The amount of monthly or other periodic support
 4        owed  under  the  order  for  support  and other amounts,
 5        including arrearage, interest, or late payment  penalties
 6        and fees, due or overdue under the order.
 7             (2)  Any such amounts that have been received by the
 8        clerk,  and  the  distribution  of  those  amounts by the
 9        clerk.
10        (h)  Information filed by the obligor and  obligee  under
11    this Section that is not specifically required to be included
12    in the body of an order for support under other laws is not a
13    public  record  and  shall  be  treated  as  confidential and
14    subject to disclosure only in accordance with the  provisions
15    of  this  Section,  Section  10-27 of the Illinois Public Aid
16    Code, and Title IV,  Part  D  of  the  Social  Security  Act.
17             (a)  When   an  order  for  support  is  entered  or
18    modified under this Act,  the  clerk  of  the  circuit  court
19    shall,  within  5  business  days,  provide to the State Case
20    Registry  established under Section  10-27  of  the  Illinois
21    Public  Aid  Code the court docket number and county in which
22    the  order  is  entered  or  modified   and   the   following
23    information, which the parties shall disclose to the court:
24             (1)  The  names  of  the custodial and non-custodial
25        parents and of the  child  or  children  covered  by  the
26        order.
27             (2)  The   dates  of  birth  of  the  custodial  and
28        non-custodial  parents  and  of  the  child  or  children
29        covered by the order.
30             (3)  The social security numbers  of  the  custodial
31        and  non-custodial  parents  and of the child or children
32        covered by the order.
33             (4)  The residential and mailing addresses  for  the
34        custodial and non-custodial parents.
 
HB3128 Enrolled            -15-               LRB9201522DJcsA
 1             (5)  The  telephone  numbers  for  the custodial and
 2        non-custodial parents.
 3             (6)  The driver's license numbers for the  custodial
 4        and non-custodial parents.
 5             (7)  The name, address, and telephone number of each
 6        parent's employer or employers.
 7        (b)  When  a  child  support order is entered or modified
 8    for a case in which a party is  receiving  child  and  spouse
 9    support  services  under Article X of the Illinois Public Aid
10    Code, the clerk shall provide the State  Case  Registry  with
11    the following information:
12             (1)  The  information specified in subsection (a) of
13        this Section.
14             (2)  The amount of monthly or other periodic support
15        owed  under  the  order  and  other  amounts,   including
16        arrearages, interest, or late payment penalties and fees,
17        due or overdue under the order.
18             (3)  Any  amounts  described  in  subdivision (2) of
19        this subsection (b) that have been received by the clerk.
20             (4)  The distribution of the amounts received by the
21        clerk.
22        (c)  A party shall report to the  clerk  of  the  circuit
23    court  changes in information required to the disclosed under
24    this Section  within 5 business days of the change.
25        (d)  To the extent that updated  information  is  in  the
26    clerk's  possession,  the  clerk shall provide updates of the
27    information specified  in  subsection  (b)  of  this  Section
28    within  5  business  days  after  the  Illinois Department of
29    Public Aid's request for that updated information.
30    (Source: P.A. 91-212, eff. 7-20-99.)

31        Section 15.  The Non-Support Punishment Act is amended by
32    changing Section 30 as follows:
 
HB3128 Enrolled            -16-               LRB9201522DJcsA
 1        (750 ILCS 16/30)
 2        Sec. 30.  Information to State Case Registry.
 3        (a)  In this Section:
 4        "Order for support", "obligor", "obligee", and  "business
 5    day"  are  defined as set forth in the Income Withholding for
 6    Support Act.
 7        "State Case  Registry"  means  the  State  Case  Registry
 8    established  under  Section  10-27 of the Illinois Public Aid
 9    Code.
10        (b)  Each order for support entered or  modified  by  the
11    circuit  court  under this Act shall require that the obligor
12    and obligee (i) file with the clerk of the circuit court  the
13    information   required   by   this  Section  (and  any  other
14    information required under Title IV, Part  D  of  the  Social
15    Security Act or by the federal Department of Health and Human
16    Services)  at the time of  entry or modification of the order
17    for support and (ii) file updated information with the  clerk
18    within  5 business days of any change. Failure of the obligor
19    or obligee to file or update the required  information  shall
20    be punishable as in cases of contempt.  The failure shall not
21    prevent  the  court  from entering or modifying the order for
22    support, however.
23        (c)  The obligor shall file  the  following  information:
24    the  obligor's  name,  date of birth, social security number,
25    and mailing address.
26        If either the  obligor  or  the  obligee  receives  child
27    support  enforcement services from the Illinois Department of
28    Public Aid under Article X of the Illinois Public  Aid  Code,
29    the  obligor  shall  also file the following information: the
30    obligor's telephone  number,  driver's  license  number,  and
31    residential  address (if different from the obligor's mailing
32    address), and the name, address, and telephone number of  the
33    obligor's employer or employers.
34        (d)  The obligee shall file the following information:
 
HB3128 Enrolled            -17-               LRB9201522DJcsA
 1             (1)  The  names  of  the  obligee  and  the child or
 2        children covered by the order for support.
 3             (2)  The dates of birth of the obligee and the child
 4        or children covered by the order for support.
 5             (3)  The social security numbers of the obligee  and
 6        the child or children covered by the order for support.
 7             (4)  The obligee's mailing address.
 8        (e)  In cases in which the obligee receives child support
 9    enforcement  services  from the Illinois Department of Public
10    Aid under Article X of the  Illinois  Public  Aid  Code,  the
11    order for support shall (i) require that the obligee file the
12    information  required  under subsection (d) with the Illinois
13    Department of Public Aid for  inclusion  in  the  State  Case
14    Registry,  rather  than  file the information with the clerk,
15    and (ii) require  that  the  obligee  include  the  following
16    additional information:
17             (1)  The  obligee's  telephone  and driver's license
18        numbers.
19             (2)  The obligee's residential address, if different
20        from the obligee's mailing address.
21             (3)  The name, address, and telephone number of  the
22        obligee's employer or employers.
23        The order for support shall also require that the obligee
24    update  the information filed with the Illinois Department of
25    Public Aid within 5 business days of any change.
26        (f)  The clerk shall provide the information filed  under
27    this  Section,  together  with  the  court  docket number and
28    county in which the order for support  was  entered,  to  the
29    State  Case  Registry within 5 business days after receipt of
30    the information.
31        (g)  In a case  in  which  a  party  is  receiving  child
32    support  enforcement services under Article X of the Illinois
33    Public Aid  Code,  the  clerk  shall  provide  the  following
34    additional  information  to  the State Case Registry within 5
 
HB3128 Enrolled            -18-               LRB9201522DJcsA
 1    business days after entry or modification  of  an  order  for
 2    support  or  request  from  the Illinois Department of Public
 3    Aid:
 4             (1)  The amount of monthly or other periodic support
 5        owed under the  order  for  support  and  other  amounts,
 6        including  arrearage, interest, or late payment penalties
 7        and fees, due or overdue under the order.
 8             (2)  Any such amounts that have been received by the
 9        clerk, and the  distribution  of  those  amounts  by  the
10        clerk.
11        (h)  Information  filed  by the obligor and obligee under
12    this Section that is not specifically required to be included
13    in the body of an order for support under other laws is not a
14    public record  and  shall  be  treated  as  confidential  and
15    subject  to disclosure only in accordance with the provisions
16    of this Section, Section 10-27 of  the  Illinois  Public  Aid
17    Code, and Title IV, Part D of the Social Security Act.
18        (a)  When  an  order  for  support is entered or modified
19    under Section 20 of this Act, the clerk of the  court  shall,
20    within  5  business  days, provide to the State Case Registry
21    established under Section 10-27 of the  Illinois  Public  Aid
22    Code the court docket number and county in which the order is
23    entered  or modified and the following information, which the
24    parents involved in the case shall disclose to the court:
25             (1) the names  of  the  custodial  and  noncustodial
26        parents  and  of  the  child  or  children covered by the
27        order;
28             (2)  the  dates  of  birth  of  the  custodial   and
29        noncustodial parents and of the child or children covered
30        by the order;
31             (3) the social security numbers of the custodial and
32        noncustodial  parents  and, if available, of the child or
33        children covered by the order;
34             (4) the residential  and  mailing  address  for  the
 
HB3128 Enrolled            -19-               LRB9201522DJcsA
 1        custodial and noncustodial parents;
 2             (5)  the  telephone  numbers  for  the custodial and
 3        noncustodial parents;
 4             (6) the driver's license numbers for  the  custodial
 5        and noncustodial parents; and
 6             (7)  the name, address, and telephone number of each
 7        parent's employer or employers.
 8        (b) When an order for  support  is  entered  or  modified
 9    under  Section  20  in  a  case in which a party is receiving
10    child and spouse support services  under  Article  X  of  the
11    Illinois  Public  Aid Code, the clerk shall provide the State
12    Case  Registry  with  the  following  information  within   5
13    business days:
14             (1) the information specified in subsection (a);
15             (2)  the amount of monthly or other periodic support
16        owed  under  the  order  and  other  amounts,   including
17        arrearages, interest, or late payment penalties and fees,
18        due or overdue under the order;
19             (3) any amounts described in subdivision (2) of this
20        subsection (b) that have been received by the clerk; and
21             (4)  the distribution of the amounts received by the
22        clerk.
23        (c)  A party shall report to the  clerk  of  the  circuit
24    court  changes  in information required to be disclosed under
25    this Section within 5 business days of the change.
26        (d) To the extent that  updated  information  is  in  the
27    clerk's  possession,  the  clerk shall provide updates of the
28    information specified in subsection  (b)  within  5  business
29    days  after  the  Illinois Department of Public Aid's request
30    for that updated information.
31    (Source: P.A. 91-613, eff. 10-1-99.)

32        Section 17.  The Uniform Interstate Family Support Act is
33    amended by changing Section 602 as follows:
 
HB3128 Enrolled            -20-               LRB9201522DJcsA
 1        (750 ILCS 22/602)
 2        Sec. 602.  Procedure to register order for enforcement.
 3        (a)  A  support  order  or  income-withholding  order  of
 4    another state may be registered in this State by sending  the
 5    following   documents  and  information  to  the  appropriate
 6    tribunal circuit court in this State:
 7             (1)  a  letter  of  transmittal  to   the   tribunal
 8        requesting registration and enforcement;
 9             (2)  2  copies, including one certified copy, of all
10        orders to be registered, including any modification of an
11        order;
12             (3)  a  sworn  statement  by   the   party   seeking
13        registration or a certified statement by the custodian of
14        the records showing the amount of any arrearage;
15             (4)  the name of the obligor and, if known:
16                  (i)  the  obligor's address and social security
17             number;
18                  (ii)  the name and  address  of  the  obligor's
19             employer  and  any  other  source  of  income of the
20             obligor; and
21                  (iii)  a  description  and  the   location   of
22             property  of  the  obligor  in this State not exempt
23             from execution; and
24             (5)  the name and address of  the  obligee  and,  if
25        applicable, the agency or person to whom support payments
26        are to be remitted.
27        (b)  On  receipt  of  a  request  for  registration,  the
28    registering  tribunal  shall cause the order to be filed as a
29    foreign judgment, together with one copy of the documents and
30    information, regardless of their form.
31        (c)  A petition or comparable pleading seeking  a  remedy
32    that  must  be  affirmatively  sought under other law of this
33    State may be filed at  the  same  time  as  the  request  for
34    registration or later.  The pleading must specify the grounds
 
HB3128 Enrolled            -21-               LRB9201522DJcsA
 1    for the remedy sought.
 2    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
 3    by P.A. 88-691.)

 4        Section  20.  The  Illinois  Parentage  Act  of  1984  is
 5    amended by changing Section 14.1 as follows:

 6        (750 ILCS 45/14.1)
 7        Sec. 14.1.  Information to State Case Registry.
 8        (a)  In this Section:
 9        "Order  for support", "obligor", "obligee", and "business
10    day" are defined as set forth in the Income  Withholding  for
11    Support Act.
12        "State  Case  Registry"  means  the  State  Case Registry
13    established under Section 10-27 of the  Illinois  Public  Aid
14    Code.
15        (b)  Each  order  for  support entered or modified by the
16    circuit court under this Act shall require that  the  obligor
17    and  obligee (i) file with the clerk of the circuit court the
18    information  required  by  this  Section   (and   any   other
19    information  required  under  Title  IV, Part D of the Social
20    Security Act or by the federal Department of Health and Human
21    Services) at the time of  entry or modification of the  order
22    for  support and (ii) file updated information with the clerk
23    within 5 business days of any change. Failure of the  obligor
24    or  obligee  to file or update the required information shall
25    be punishable as in cases of contempt.  The failure shall not
26    prevent the court from entering or modifying  the  order  for
27    support, however.
28        (c)  The  obligor  shall  file the following information:
29    the obligor's name, date of birth,  social  security  number,
30    and mailing address.
31        If  either  the  obligor  or  the  obligee receives child
32    support enforcement services from the Illinois Department  of
 
HB3128 Enrolled            -22-               LRB9201522DJcsA
 1    Public  Aid  under Article X of the Illinois Public Aid Code,
 2    the obligor shall also file the  following  information:  the
 3    obligor's  telephone  number,  driver's  license  number, and
 4    residential address (if different from the obligor's  mailing
 5    address),  and the name, address, and telephone number of the
 6    obligor's employer or employers.
 7        (d)  The obligee shall file the following information:
 8             (1)  The names of  the  obligee  and  the  child  or
 9        children covered by the order for support.
10             (2)  The dates of birth of the obligee and the child
11        or children covered by the order for support.
12             (3)  The  social security numbers of the obligee and
13        the child or children covered by the order for support.
14             (4)  The obligee's mailing address.
15        (e)  In cases in which the obligee receives child support
16    enforcement services from the Illinois Department  of  Public
17    Aid  under  Article  X  of  the Illinois Public Aid Code, the
18    order for support shall (i) require that the obligee file the
19    information required under subsection (d) with  the  Illinois
20    Department  of  Public  Aid  for  inclusion in the State Case
21    Registry, rather than file the information  with  the  clerk,
22    and  (ii)  require  that  the  obligee  include the following
23    additional information:
24             (1)  The obligee's telephone  and  driver's  license
25        numbers.
26             (2)  The obligee's residential address, if different
27        from the obligee's mailing address.
28             (3)  The  name, address, and telephone number of the
29        obligee's employer or employers.
30        The order for support shall also require that the obligee
31    update the information filed with the Illinois Department  of
32    Public Aid within 5 business days of any change.
33        (f)  The  clerk shall provide the information filed under
34    this Section, together  with  the  court  docket  number  and
 
HB3128 Enrolled            -23-               LRB9201522DJcsA
 1    county  in  which  the  order for support was entered, to the
 2    State Case Registry within 5 business days after  receipt  of
 3    the information.
 4        (g)  In  a  case  in  which  a  party  is receiving child
 5    support enforcement services under Article X of the  Illinois
 6    Public  Aid  Code,  the  clerk  shall  provide  the following
 7    additional information to the State Case  Registry  within  5
 8    business  days  after  entry  or modification of an order for
 9    support or request from the  Illinois  Department  of  Public
10    Aid:
11             (1)  The amount of monthly or other periodic support
12        owed  under  the  order  for  support  and other amounts,
13        including arrearage, interest, or late payment  penalties
14        and fees, due or overdue under the order.
15             (2)  Any such amounts that have been received by the
16        clerk,  and  the  distribution  of  those  amounts by the
17        clerk.
18        (h)  Information filed by the obligor and  obligee  under
19    this Section that is not specifically required to be included
20    in the body of an order for support under other laws is not a
21    public  record  and  shall  be  treated  as  confidential and
22    subject to disclosure only in accordance with the  provisions
23    of  this  Section,  Section  10-27 of the Illinois Public Aid
24    Code, and Title IV, Part D of the Social Security Act.
25        (a)  When an order for support  is  entered  or  modified
26    under this Act,  the clerk of the circuit court shall, within
27    5  business  days,   provide   to   the  State  Case Registry
28    established under Section 10-27  of the Illinois  Public  Aid
29    Code the court docket number and county  in which the   order
30    is    entered  or  modified  and  the  following information,
31    which the parties shall disclose to the court:
32             (1)  The names of the  custodial  and  non-custodial
33        parents  and  of  the  child   or children covered by the
34        order.
 
HB3128 Enrolled            -24-               LRB9201522DJcsA
 1             (2)  The  dates  of  birth  of  the  custodial   and
 2        non-custodial  parents  and  of  the  child  or  children
 3        covered by the order.
 4             (3)  The  social  security  numbers of the custodial
 5        and non-custodial parents and of the  child  or  children
 6        covered by the order.
 7             (4)  The  residential  and mailing addresses for the
 8        custodial and non-custodial parents.
 9             (5)  The telephone numbers  for  the  custodial  and
10        non-custodial parents.
11             (6)  The driver's license numbers for the  custodial
12        and non-custodial parents.
13             (7)  The name, address, and telephone number of each
14        parent's employer or employers.
15        (b)  When  a  child  support order is entered or modified
16    for a case in which a party is  receiving  child  and  spouse
17    support  services  under Article X of the Illinois Public Aid
18    Code, the clerk shall provide the State  Case  Registry  with
19    the following information:
20             (1)  The  information specified in subsection (a) of
21        this Section.
22             (2)  The amount of monthly or other periodic support
23        owed  under  the   order  and  other  amounts,  including
24        arrearages, interest, or late payment penalties and fees,
25        due or overdue under the order.
26             (3)  Any  amounts  described  in  subdivision (2) of
27        this subsection (b) that have been received by the clerk.
28             (4)  The distribution of the amounts received by the
29        clerk.
30        (c)  The parties affected by the order shall  inform  the
31    clerk of court of any change of address or of other condition
32    that may affect the administration of the order.
33        (d)  To  the  extent  that  updated information is in the
34    clerk's possession, the clerk shall provide  updates  of  the
 
HB3128 Enrolled            -25-               LRB9201522DJcsA
 1    information  specified  in  subsection  (b)  of  this Section
 2    within 5 business  days  after  the  Illinois  Department  of
 3    Public Aid's request for that updated information.
 4    (Source: P.A. 91-212, eff. 7-20-99.)

 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law.

[ Top ]