98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1820

 

Introduced 2/15/2013, by Sen. Darin M. LaHood

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Horse Racing Act of 1975, the Riverboat Gambling Act, and the Income Withholding for Support Act. Provides that an organization licensee under the Illinois Horse Racing Act of 1975 shall withhold moneys from winning wagers and winnings from wagers placed upon races conducted by that organization licensee as provided in the Income Withholding for Support Act; imposes a similar duty on a licensed owner under the Riverboat Gambling Act with respect to winnings on games. Provides that if a licensed owner fails to withhold as required, the owner's license is not renewable upon its expiration, but the owner must instead apply for a new license. Provides that the Department of Healthcare and Family Services shall provide to each licensee under the Illinois Horse Racing Act of 1975 and each licensed owner under the Riverboat Gambling Act information concerning individuals who are identified in the State Case Registry of child support orders and who have been determined to be delinquent in child support. Provides for: the obligations of an organization licensee or licensed owner; notice to the obligor; priority of claims; administrative appeals; enforcement; and immunity. Amends the Fish and Aquatic Life Code, the Wildlife Code, and the Non-Support Punishment Act to provide for the suspension, revocation, denial, or renewal refusal of hunting or fishing licenses in cases where a hunting or fishing licensee or potential licensee is delinquent in the payment of child support. Provides that the Department may, however, issue or renew a license or stamp if the person has established a satisfactory repayment record or is determined by the court to be in compliance with the Non-Support Punishment Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1820LRB098 08441 HEP 38548 b

1    AN ACT concerning support.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is amended
5by adding Section 27.2 as follows:
 
6    (230 ILCS 5/27.2 new)
7    Sec. 27.2. Withholding for support from winning wagers or
8winnings from wagers. An organization licensee shall withhold
9moneys from winning wagers and winnings from wagers placed upon
10races conducted by that organization licensee as provided in
11Section 56 of the Income Withholding for Support Act.
 
12    Section 10. The Riverboat Gambling Act is amended by
13changing Section 7 and by adding Section 13.05 as follows:
 
14    (230 ILCS 10/7)  (from Ch. 120, par. 2407)
15    Sec. 7. Owners Licenses.
16    (a) The Board shall issue owners licenses to persons, firms
17or corporations which apply for such licenses upon payment to
18the Board of the non-refundable license fee set by the Board,
19upon payment of a $25,000 license fee for the first year of
20operation and a $5,000 license fee for each succeeding year and
21upon a determination by the Board that the applicant is

 

 

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1eligible for an owners license pursuant to this Act and the
2rules of the Board. From the effective date of this amendatory
3Act of the 95th General Assembly until (i) 3 years after the
4effective date of this amendatory Act of the 95th General
5Assembly, (ii) the date any organization licensee begins to
6operate a slot machine or video game of chance under the
7Illinois Horse Racing Act of 1975 or this Act, (iii) the date
8that payments begin under subsection (c-5) of Section 13 of the
9Act, or (iv) the wagering tax imposed under Section 13 of this
10Act is increased by law to reflect a tax rate that is at least
11as stringent or more stringent than the tax rate contained in
12subsection (a-3) of Section 13, whichever occurs first, as a
13condition of licensure and as an alternative source of payment
14for those funds payable under subsection (c-5) of Section 13 of
15the Riverboat Gambling Act, any owners licensee that holds or
16receives its owners license on or after the effective date of
17this amendatory Act of the 94th General Assembly, other than an
18owners licensee operating a riverboat with adjusted gross
19receipts in calendar year 2004 of less than $200,000,000, must
20pay into the Horse Racing Equity Trust Fund, in addition to any
21other payments required under this Act, an amount equal to 3%
22of the adjusted gross receipts received by the owners licensee.
23The payments required under this Section shall be made by the
24owners licensee to the State Treasurer no later than 3:00
25o'clock p.m. of the day after the day when the adjusted gross
26receipts were received by the owners licensee. A person, firm

 

 

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1or corporation is ineligible to receive an owners license if:
2        (1) the person has been convicted of a felony under the
3    laws of this State, any other state, or the United States;
4        (2) the person has been convicted of any violation of
5    Article 28 of the Criminal Code of 1961 or the Criminal
6    Code of 2012, or substantially similar laws of any other
7    jurisdiction;
8        (3) the person has submitted an application for a
9    license under this Act which contains false information;
10        (4) the person is a member of the Board;
11        (5) a person defined in (1), (2), (3) or (4) is an
12    officer, director or managerial employee of the firm or
13    corporation;
14        (6) the firm or corporation employs a person defined in
15    (1), (2), (3) or (4) who participates in the management or
16    operation of gambling operations authorized under this
17    Act;
18        (7) (blank); or
19        (8) a license of the person, firm or corporation issued
20    under this Act, or a license to own or operate gambling
21    facilities in any other jurisdiction, has been revoked.
22    The Board is expressly prohibited from making changes to
23the requirement that licensees make payment into the Horse
24Racing Equity Trust Fund without the express authority of the
25Illinois General Assembly and making any other rule to
26implement or interpret this amendatory Act of the 95th General

 

 

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1Assembly. For the purposes of this paragraph, "rules" is given
2the meaning given to that term in Section 1-70 of the Illinois
3Administrative Procedure Act.
4    (b) In determining whether to grant an owners license to an
5applicant, the Board shall consider:
6        (1) the character, reputation, experience and
7    financial integrity of the applicants and of any other or
8    separate person that either:
9            (A) controls, directly or indirectly, such
10        applicant, or
11            (B) is controlled, directly or indirectly, by such
12        applicant or by a person which controls, directly or
13        indirectly, such applicant;
14        (2) the facilities or proposed facilities for the
15    conduct of riverboat gambling;
16        (3) the highest prospective total revenue to be derived
17    by the State from the conduct of riverboat gambling;
18        (4) the extent to which the ownership of the applicant
19    reflects the diversity of the State by including minority
20    persons, females, and persons with a disability and the
21    good faith affirmative action plan of each applicant to
22    recruit, train and upgrade minority persons, females, and
23    persons with a disability in all employment
24    classifications;
25        (5) the financial ability of the applicant to purchase
26    and maintain adequate liability and casualty insurance;

 

 

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1        (6) whether the applicant has adequate capitalization
2    to provide and maintain, for the duration of a license, a
3    riverboat;
4        (7) the extent to which the applicant exceeds or meets
5    other standards for the issuance of an owners license which
6    the Board may adopt by rule; and
7        (8) The amount of the applicant's license bid.
8    (c) Each owners license shall specify the place where
9riverboats shall operate and dock.
10    (d) Each applicant shall submit with his application, on
11forms provided by the Board, 2 sets of his fingerprints.
12    (e) The Board may issue up to 10 licenses authorizing the
13holders of such licenses to own riverboats. In the application
14for an owners license, the applicant shall state the dock at
15which the riverboat is based and the water on which the
16riverboat will be located. The Board shall issue 5 licenses to
17become effective not earlier than January 1, 1991. Three of
18such licenses shall authorize riverboat gambling on the
19Mississippi River, or, with approval by the municipality in
20which the riverboat was docked on August 7, 2003 and with Board
21approval, be authorized to relocate to a new location, in a
22municipality that (1) borders on the Mississippi River or is
23within 5 miles of the city limits of a municipality that
24borders on the Mississippi River and (2), on August 7, 2003,
25had a riverboat conducting riverboat gambling operations
26pursuant to a license issued under this Act; one of which shall

 

 

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1authorize riverboat gambling from a home dock in the city of
2East St. Louis. One other license shall authorize riverboat
3gambling on the Illinois River south of Marshall County. The
4Board shall issue one additional license to become effective
5not earlier than March 1, 1992, which shall authorize riverboat
6gambling on the Des Plaines River in Will County. The Board may
7issue 4 additional licenses to become effective not earlier
8than March 1, 1992. In determining the water upon which
9riverboats will operate, the Board shall consider the economic
10benefit which riverboat gambling confers on the State, and
11shall seek to assure that all regions of the State share in the
12economic benefits of riverboat gambling.
13    In granting all licenses, the Board may give favorable
14consideration to economically depressed areas of the State, to
15applicants presenting plans which provide for significant
16economic development over a large geographic area, and to
17applicants who currently operate non-gambling riverboats in
18Illinois. The Board shall review all applications for owners
19licenses, and shall inform each applicant of the Board's
20decision. The Board may grant an owners license to an applicant
21that has not submitted the highest license bid, but if it does
22not select the highest bidder, the Board shall issue a written
23decision explaining why another applicant was selected and
24identifying the factors set forth in this Section that favored
25the winning bidder.
26    In addition to any other revocation powers granted to the

 

 

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1Board under this Act, the Board may revoke the owners license
2of a licensee which fails to begin conducting gambling within
315 months of receipt of the Board's approval of the application
4if the Board determines that license revocation is in the best
5interests of the State.
6    (f) The first 10 owners licenses issued under this Act
7shall permit the holder to own up to 2 riverboats and equipment
8thereon for a period of 3 years after the effective date of the
9license. Holders of the first 10 owners licenses must pay the
10annual license fee for each of the 3 years during which they
11are authorized to own riverboats.
12    (g) Except as provided in Section 13.05, upon Upon the
13termination, expiration, or revocation of each of the first 10
14licenses, which shall be issued for a 3 year period, all
15licenses are renewable annually upon payment of the fee and a
16determination by the Board that the licensee continues to meet
17all of the requirements of this Act and the Board's rules.
18However, for licenses renewed on or after May 1, 1998, renewal
19shall be for a period of 4 years, unless the Board sets a
20shorter period.
21    (h) An owners license shall entitle the licensee to own up
22to 2 riverboats. A licensee shall limit the number of gambling
23participants to 1,200 for any such owners license. A licensee
24may operate both of its riverboats concurrently, provided that
25the total number of gambling participants on both riverboats
26does not exceed 1,200. Riverboats licensed to operate on the

 

 

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1Mississippi River and the Illinois River south of Marshall
2County shall have an authorized capacity of at least 500
3persons. Any other riverboat licensed under this Act shall have
4an authorized capacity of at least 400 persons.
5    (i) A licensed owner is authorized to apply to the Board
6for and, if approved therefor, to receive all licenses from the
7Board necessary for the operation of a riverboat, including a
8liquor license, a license to prepare and serve food for human
9consumption, and other necessary licenses. All use, occupation
10and excise taxes which apply to the sale of food and beverages
11in this State and all taxes imposed on the sale or use of
12tangible personal property apply to such sales aboard the
13riverboat.
14    (j) The Board may issue or re-issue a license authorizing a
15riverboat to dock in a municipality or approve a relocation
16under Section 11.2 only if, prior to the issuance or
17re-issuance of the license or approval, the governing body of
18the municipality in which the riverboat will dock has by a
19majority vote approved the docking of riverboats in the
20municipality. The Board may issue or re-issue a license
21authorizing a riverboat to dock in areas of a county outside
22any municipality or approve a relocation under Section 11.2
23only if, prior to the issuance or re-issuance of the license or
24approval, the governing body of the county has by a majority
25vote approved of the docking of riverboats within such areas.
26(Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
 

 

 

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1    (230 ILCS 10/13.05 new)
2    Sec. 13.05. Withholding for support from gaming winnings;
3penalty for failure.
4    (a) A licensed owner shall withhold moneys from winnings on
5games as provided in Section 56 of the Income Withholding for
6Support Act.
7    (b) If a licensed owner, or an employee, agent, or
8representative of a licensed owner acting on the licensed
9owner's behalf, fails to withhold, from winnings otherwise
10payable to an individual, an amount representing delinquent
11child support as required under Section 56 of the Income
12Withholding for Support Act, the owner's license is not
13renewable under subsection (g) of Section 7 upon its
14expiration, but the owner must instead apply for a new license
15as provided in Sections 6 and 7.
 
16    Section 15. The Fish and Aquatic Life Code is amended by
17changing Section 20-5 as follows:
 
18    (515 ILCS 5/20-5)  (from Ch. 56, par. 20-5)
19    Sec. 20-5. Necessity of license; exemptions.
20    (a) Any person taking or attempting to take any fish,
21including minnows for commercial purposes, turtles, mussels,
22crayfish, or frogs by any means whatever in any waters or lands
23wholly or in part within the jurisdiction of the State,

 

 

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1including that part of Lake Michigan under the jurisdiction of
2this State, shall first obtain a license to do so, and shall do
3so only during the respective periods of the year when it shall
4be lawful as provided in this Code. Individuals under 16, blind
5or disabled residents, or individuals fishing at fee fishing
6areas licensed by the Department, however, may fish with sport
7fishing devices without being required to have a license. For
8the purpose of this Section an individual is blind or disabled
9if that individual has a Class 2 disability as defined in
10Section 4A of the Illinois Identification Card Act. For
11purposes of this Section an Illinois Person with a Disability
12Identification Card issued under the Illinois Identification
13Card Act indicating that the individual named on the card has a
14Class 2 disability shall be adequate documentation of a
15disability.
16    (b) A courtesy non-resident sport fishing license or stamp
17may be issued at the discretion of the Director, without fee,
18to (i) any individual officially employed in the wildlife and
19fish or conservation department of another state or of the
20United States who is within the State to assist or consult or
21cooperate with the Director or (ii) the officials of other
22states, the United States, foreign countries, or officers or
23representatives of conservation organizations or publications
24while in the State as guests of the Governor or Director.
25    (c) The Director may issue special fishing permits without
26cost to groups of hospital patients or handicapped individuals

 

 

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1for use on specified dates in connection with supervised
2fishing for therapy.
3    (d) Veterans who, according to the determination of the
4Veterans' Administration as certified by the Department of
5Veterans' Affairs, are at least 10% disabled with
6service-related disabilities or in receipt of total disability
7pensions may fish with sport fishing devices during those
8periods of the year it is lawful to do so without being
9required to have a license, on the condition that their
10respective disabilities do not prevent them from fishing in a
11manner which is safe to themselves and others.
12    (e) Each year the Director may designate a period, not to
13exceed 4 days in duration, when sport fishermen may fish waters
14wholly or in part within the jurisdiction of the State,
15including that part of Lake Michigan under the jurisdiction of
16the State, and not be required to obtain the license or stamp
17required by subsection (a) of this Section, Section 20-10 or
18subsection (a) of Section 20-55. The term of any such period
19shall be established by administrative rule. This subsection
20shall not apply to commercial fishing.
21    (f) The Director may issue special fishing permits without
22cost for a group event, restricted to specific dates and
23locations if it is determined by the Department that the event
24is beneficial in promoting sport fishing in Illinois.
25    (g) In cases where the Department of Healthcare and Family
26Services has previously determined that a licensee or a

 

 

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1potential licensee under this Code is more than 30 days
2delinquent in the payment of child support and has subsequently
3certified the delinquency to the Department of Natural
4Resources, the Department of Natural Resources may refuse to
5issue or renew or may revoke or suspend that person's license
6or stamp based solely upon the certification of delinquency
7made by the Department of Healthcare and Family Services. In
8cases where a licensee or potential licensee is certified by a
9court as being in violation of the Non-Support Punishment Act
10for more than 60 days, the Department of Natural Resources
11shall refuse to issue or renew or shall revoke or suspend that
12person's license or stamp.
13    The Department may, however, issue or renew a license or
14stamp if the person has established a satisfactory repayment
15record as determined by the Department of Healthcare and Family
16Services or if the person is determined by the court to be in
17compliance with the Non-Support Punishment Act.
18(Source: P.A. 97-1064, eff. 1-1-13.)
 
19    Section 20. The Wildlife Code is amended by changing
20Section 3.1 as follows:
 
21    (520 ILCS 5/3.1)  (from Ch. 61, par. 3.1)
22    Sec. 3.1. License and stamps required.
23    (a) Before any person shall take or attempt to take any of
24the species protected by Section 2.2 for which an open season

 

 

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1is established under this Act, he shall first have procured and
2possess a valid hunting license, except as provided in Section
33.1-5 of this Code.
4    Before any person 16 years of age or older shall take or
5attempt to take any bird of the species defined as migratory
6waterfowl by Section 2.2, including coots, he shall first have
7procured a State Migratory Waterfowl Stamp.
8    Before any person 16 years of age or older takes, attempts
9to take, or pursues any species of wildlife protected by this
10Code, except migratory waterfowl, coots, and hand-reared birds
11on licensed game breeding and hunting preserve areas and state
12controlled pheasant hunting areas, he or she shall first obtain
13a State Habitat Stamp. Disabled veterans and former prisoners
14of war shall not be required to obtain State Habitat Stamps.
15Any person who obtained a lifetime license before January 1,
161993, shall not be required to obtain State Habitat Stamps.
17Income from the sale of State Furbearer Stamps and State
18Pheasant Stamps received after the effective date of this
19amendatory Act of 1992 shall be deposited into the State
20Furbearer Fund and State Pheasant Fund, respectively.
21    Before any person 16 years of age or older shall take,
22attempt to take, or sell the green hide of any mammal of the
23species defined as fur-bearing mammals by Section 2.2 for which
24an open season is established under this Act, he shall first
25have procured a State Habitat Stamp.
26    (b) Before any person who is a non-resident of the State of

 

 

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1Illinois shall take or attempt to take any of the species
2protected by Section 2.2 for which an open season is
3established under this Act, he shall, unless specifically
4exempted by law, first procure a non-resident license as
5provided by this Act for the taking of any wild game.
6    Before a nonresident shall take or attempt to take
7white-tailed deer, he shall first have procured a Deer Hunting
8Permit as defined in Section 2.26 of this Code.
9    Before a nonresident shall take or attempt to take wild
10turkeys, he shall have procured a Wild Turkey Hunting Permit as
11defined in Section 2.11 of this Code.
12    (c) The owners residing on, or bona fide tenants of, farm
13lands and their children, parents, brothers, and sisters
14actually permanently residing on their lands shall have the
15right to hunt any of the species protected by Section 2.2 upon
16their lands and waters without procuring hunting licenses; but
17the hunting shall be done only during periods of time and with
18devices and by methods as are permitted by this Act. Any person
19on active duty with the Armed Forces of the United States who
20is now and who was at the time of entering the Armed Forces a
21resident of Illinois and who entered the Armed Forces from this
22State, and who is presently on ordinary or emergency leave from
23the Armed Forces, and any resident of Illinois who is disabled
24may hunt any of the species protected by Section 2.2 without
25procuring a hunting license, but the hunting shall be done only
26during such periods of time and with devices and by methods as

 

 

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1are permitted by this Act. For the purpose of this Section a
2person is disabled when that person has a Type 1 or Type 4,
3Class 2 disability as defined in Section 4A of the Illinois
4Identification Card Act. For purposes of this Section, an
5Illinois Person with a Disability Identification Card issued
6pursuant to the Illinois Identification Card Act indicating
7that the person named has a Type 1 or Type 4, Class 2
8disability shall be adequate documentation of the disability.
9    (d) A courtesy non-resident license, permit, or stamp for
10taking game may be issued at the discretion of the Director,
11without fee, to any person officially employed in the game and
12fish or conservation department of another state or of the
13United States who is within the State to assist or consult or
14cooperate with the Director; or to the officials of other
15states, the United States, foreign countries, or officers or
16representatives of conservation organizations or publications
17while in the State as guests of the Governor or Director. The
18Director may provide to nonresident participants and official
19gunners at field trials an exemption from licensure while
20participating in a field trial.
21    (e) State Migratory Waterfowl Stamps shall be required for
22those persons qualifying under subsections (c) and (d) who
23intend to hunt migratory waterfowl, including coots, to the
24extent that hunting licenses of the various types are
25authorized and required by this Section for those persons.
26    (f) Registration in the U.S. Fish and Wildlife Migratory

 

 

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1Bird Harvest Information Program shall be required for those
2persons who are required to have a hunting license before
3taking or attempting to take any bird of the species defined as
4migratory game birds by Section 2.2, except that this
5subsection shall not apply to crows in this State or
6hand-reared birds on licensed game breeding and hunting
7preserve areas, for which an open season is established by this
8Act. Persons registering with the Program must carry proof of
9registration with them while migratory bird hunting.
10    The Department shall publish suitable prescribed
11regulations pertaining to registration by the migratory bird
12hunter in the U.S. Fish and Wildlife Service Migratory Bird
13Harvest Information Program.
14    (g) In cases where the Department of Healthcare and Family
15Services has previously determined that a licensee or a
16potential licensee under this Section is more than 30 days
17delinquent in the payment of child support and has subsequently
18certified the delinquency to the Department of Natural
19Resources, the Department of Natural Resources may refuse to
20issue or renew or may revoke or suspend that person's license
21or stamp based solely upon the certification of delinquency
22made by the Department of Healthcare and Family Services. In
23cases where a licensee or potential licensee is certified by a
24court as being in violation of the Non-Support Punishment Act
25for more than 60 days, the Department of Natural Resources
26shall refuse to issue or renew or shall revoke or suspend that

 

 

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1person's license or stamp.
2    The Department may, however, issue or renew a license or
3stamp if the person has established a satisfactory repayment
4record as determined by the Department of Healthcare and Family
5Services or if the person is determined by the court to be in
6compliance with the Non-Support Punishment Act.
7(Source: P.A. 96-1226, eff. 1-1-11; 97-1064, eff. 1-1-13.)
 
8    Section 25. The Non-Support Punishment Act is amended by
9changing Section 50 as follows:
 
10    (750 ILCS 16/50)
11    Sec. 50. Community service; work alternative program.
12    (a) In addition to any other penalties imposed against an
13offender under this Act, the court may order the offender to
14perform community service for not less than 30 and not more
15than 120 hours per month, if community service is available in
16the jurisdiction and is funded and approved by the county board
17of the county where the offense was committed. In addition,
18whenever any person is placed on supervision for committing an
19offense under this Act, the supervision shall be conditioned on
20the performance of the community service.
21    (b) In addition to any other penalties imposed against an
22offender under this Act, the court may sentence the offender to
23service in a work alternative program administered by the
24sheriff. The conditions of the program are that the offender

 

 

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1obtain or retain employment and participate in a work
2alternative program administered by the sheriff during
3non-working hours. A person may not be required to participate
4in a work alternative program under this subsection if the
5person is currently participating in a work program pursuant to
6another provision of this Act, Section 10-11.1 of the Illinois
7Public Aid Code, Section 505.1 of the Illinois Marriage and
8Dissolution of Marriage Act, or Section 15.1 of the Illinois
9Parentage Act of 1984.
10    (c) In addition to any other penalties imposed against an
11offender under this Act, the court may order, in cases where
12the offender has been in violation of this Act for 90 days or
13more, that the offender's Illinois driving privileges be
14suspended until the court determines that the offender is in
15compliance with this Act.
16    The court may determine that the offender is in compliance
17with this Act if the offender has agreed (i) to pay all
18required amounts of support and maintenance as determined by
19the court or (ii) to the garnishment of his or her income for
20the purpose of paying those amounts.
21    The court may also order that the offender be issued a
22family financial responsibility driving permit that would
23allow limited driving privileges for employment and medical
24purposes in accordance with Section 7-702.1 of the Illinois
25Vehicle Code. The clerk of the circuit court shall certify the
26order suspending the driving privileges of the offender or

 

 

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1granting the issuance of a family financial responsibility
2driving permit to the Secretary of State on forms prescribed by
3the Secretary. Upon receipt of the authenticated documents, the
4Secretary of State shall suspend the offender's driving
5privileges until further order of the court and shall, if
6ordered by the court, subject to the provisions of Section
77-702.1 of the Illinois Vehicle Code, issue a family financial
8responsibility driving permit to the offender.
9    (d) If the court determines that the offender has been in
10violation of this Act for more than 60 days, the court may
11determine whether the offender has applied for or been issued a
12professional license by the Department of Professional
13Regulation or another licensing agency. If the court determines
14that the offender has applied for or been issued such a
15license, the court may certify to the Department of
16Professional Regulation or other licensing agency that the
17offender has been in violation of this Act for more than 60
18days so that the Department or other agency may take
19appropriate steps with respect to the license or application as
20provided in Section 10-65 of the Illinois Administrative
21Procedure Act and Section 2105-15 of the Department of
22Professional Regulation Law of the Civil Administrative Code of
23Illinois. The court may take the actions required under this
24subsection in addition to imposing any other penalty authorized
25under this Act.
26    (e) If the court determines that the offender has been in

 

 

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1violation of this Act for more than 60 days, the court may
2determine whether the offender has applied for or been issued a
3license or stamp by the Department of Natural Resources under
4the Fish and Aquatic Life Code or the Wildlife Code. If the
5court determines that the offender has applied for or been
6issued such a license or stamp, the court may certify to the
7Department of Natural Resources that the offender has been in
8violation of this Act for more than 60 days so that the
9Department or other agency may take appropriate steps with
10respect to the license or application as provided in Section
1120-5 of the Fish and Aquatic Life Code and Section 3.1 of the
12Wildlife Code. The court may take the actions required under
13this subsection in addition to imposing any other penalty
14authorized under this Act.
15(Source: P.A. 91-613, eff. 10-1-99; 92-651, eff. 7-11-02.)
 
16    Section 30. The Income Withholding for Support Act is
17amended by adding Section 56 as follows:
 
18    (750 ILCS 28/56 new)
19    Sec. 56. Withholding from gaming winnings.
20    (a) Delinquency information. The Department of Healthcare
21and Family Services shall provide to each organization licensee
22under the Illinois Horse Racing Act of 1975 and each licensed
23owner under the Riverboat Gambling Act information concerning
24all individuals who are identified in the State Case Registry

 

 

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1established pursuant to Section 10-27 of the Illinois Public
2Aid Code and who have been determined to be delinquent in the
3payment of child support. The information made available to a
4licensee under this Section about each individual obligor who
5has been determined to be delinquent in the payment of child
6support shall include appropriate information to identify the
7individual, the amount of the delinquency, and other
8information necessary for the organization licensee or
9licensed owner to remit payment of withheld amounts to the
10Department of Healthcare and Family Services as provided in
11this Section.
12    (b) Licensee's withholding obligations. If an organization
13licensee or an employee of an organization licensee under the
14Illinois Horse Racing Act of 1975, or a licensed owner or an
15employee of a licensed owner under the Riverboat Gambling Act,
16disburses winnings from wagers or a jackpot, exchange chips,
17tokens, or vouchers (hereinafter, collectively, "cash
18winnings") in the amount of $1,200 or more to a person
19identified pursuant to this Section in the State Case Registry
20as being delinquent in child support, the organization
21licensee, licensed owner, or employee:
22        (1) may deduct and retain an administrative fee in the
23    amount of 5% of the amount of delinquent child support
24    withheld under this Section or $250, whichever is less;
25        (2) shall withhold the amount of delinquent child
26    support owed or so much of the delinquent child support

 

 

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1    owed that is collectible from the winnings;
2        (3) shall transmit to the Department of Healthcare and
3    Family Services, within 7 business days after the date the
4    cash winnings were paid or claimed: the amount withheld
5    under this Section; identifying information, including the
6    full name, address, and social security number of the
7    obligor and the child support case identifier; the date and
8    amount of the cash winnings and the amount withheld; and
9    the name, location, and contact information of the
10    licensee; and
11        (4) shall issue to the obligor a receipt, in a form
12    prescribed by the Department of Healthcare and Family
13    Services, stating the total amount withheld from the cash
14    winnings for delinquent child support and the
15    administrative fee.
16    (c) Notice to obligor. The Department of Healthcare and
17Family Services shall provide written notice to the obligor, at
18the address provided by the organization licensee or licensed
19owner, that the Department intends to offset the obligor's
20delinquent child support with some or all of his or her cash
21winnings. The Department shall hold the amount withheld from
22the obligor's cash winnings for 10 business days after sending
23the written notice to the obligor before applying the amount as
24payment toward the obligor's delinquent child support.
25    (d) The delinquent child support required to be withheld
26under this Section and the administrative fee authorized under

 

 

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1this Section have priority over any secured or unsecured claim
2on cash winnings, except claims for federal or State taxes that
3are required to be withheld under federal or State law.
4    (e) Administrative appeal. The obligor may dispute the
5notice in subsection (c), as provided in Sections 10-12, 10-13,
6and 10-14 of the Illinois Public Aid Code and Sections 160.60
7and 160.61 of Title 89 of the Illinois Administrative Code.
8    (f) Enforcement. The Department of Healthcare and Family
9Services and the Illinois Gaming Board shall provide for
10enforcement of this Section by rule.
11    (g) Immunity. An organization licensee or licensed owner is
12immune from civil or criminal liability for acting in
13conformity with this Section or the rules applicable to a
14licensee under this Section.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    230 ILCS 5/27.2 new
4    230 ILCS 10/7from Ch. 120, par. 2407
5    230 ILCS 10/13.05 new
6    515 ILCS 5/20-5from Ch. 56, par. 20-5
7    520 ILCS 5/3.1from Ch. 61, par. 3.1
8    750 ILCS 16/50
9    750 ILCS 28/56 new