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91_SB0019enr
SB19 Enrolled LRB9100065SMdvA
1 AN ACT regarding child support enforcement.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Non-Support Punishment Act.
6 Section 5. Prosecutions by State's Attorneys. A
7 proceeding for enforcement of this Act may be instituted and
8 prosecuted by the several State's Attorneys only upon the
9 filing of a verified complaint by the person or persons
10 receiving child or spousal support.
11 Section 7. Prosecutions by Attorney General. In
12 addition to enforcement proceedings by the several State's
13 Attorneys, a proceeding for the enforcement of this Act may
14 be instituted and prosecuted by the Attorney General in
15 cases referred by the Illinois Department of Public Aid
16 involving persons receiving child and spouse support services
17 under Article X of the Illinois Public Aid Code. Before
18 referring a case to the Attorney General for enforcement
19 under this Act, the Department of Public Aid shall notify the
20 person receiving child and spouse support services under
21 Article X of the Illinois Public Aid Code of the Department's
22 intent to refer the case to the Attorney General under this
23 Section for prosecution.
24 Section 10. Proceedings. Proceedings under this Act may
25 be by indictment or information. No proceeding may be brought
26 under Section 15 against a person whose court or
27 administrative order for support was entered by default,
28 unless the indictment or information specifically alleges
29 that the person has knowledge of the existence of the order
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1 for support and that the person has the ability to pay the
2 support.
3 Section 15. Failure to support.
4 (a) A person commits the offense of failure to support
5 when he or she:
6 (1) willfully, without any lawful excuse, refuses
7 to provide for the support or maintenance of his or her
8 spouse, with the knowledge that the spouse is in need of
9 such support or maintenance, or, without lawful excuse,
10 deserts or willfully refuses to provide for the support
11 or maintenance of his or her child or children under the
12 age of 18 years, in need of support or maintenance and
13 the person has the ability to provide the support; or
14 (2) willfully fails to pay a support obligation
15 required under a court or administrative order for
16 support, if the obligation has remained unpaid for a
17 period longer than 6 months, or is in arrears in an
18 amount greater than $5,000, and the person has the
19 ability to provide the support; or
20 (3) leaves the State with the intent to evade a
21 support obligation required under a court or
22 administrative order for support, if the obligation,
23 regardless of when it accrued, has remained unpaid for a
24 period longer than 6 months, or is in arrears in an
25 amount greater than $10,000; or
26 (4) willfully fails to pay a support obligation
27 required under a court or administrative order for
28 support, if the obligation has remained unpaid for a
29 period longer than one year, or is in arrears in an
30 amount greater than $20,000, and the person has the
31 ability to provide the support.
32 (a-5) Presumption of ability to pay support. The
33 existence of a court or administrative order of support that
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1 was not based on a default judgment and was in effect for the
2 time period charged in the indictment or information creates
3 a rebuttable presumption that the obligor has the ability to
4 pay the support obligation for that time period.
5 (b) Sentence. A person convicted of a first offense
6 under subdivision (a)(1) or (a)(2) is guilty of a Class A
7 misdemeanor. A person convicted of an offense under
8 subdivision (a)(3) or (a)(4) or a second or subsequent
9 offense under subdivision (a)(1) or (a)(2) is guilty of a
10 Class 4 felony.
11 (c) Expungement. A person convicted of a first offense
12 under subdivision (a)(1) or (a)(2) who is eligible for the
13 Earnfare program, shall, in lieu of the sentence prescribed
14 in subsection (b), be referred to the Earnfare program. Upon
15 certification of completion of the Earnfare program, the
16 conviction shall be expunged. If the person fails to
17 successfully complete the Earnfare program, he or she shall
18 be sentenced in accordance with subsection (b).
19 (d) Fine. Sentences of imprisonment and fines for
20 offenses committed under this Act shall be as provided under
21 Articles 8 and 9 of Chapter V of the Unified Code of
22 Corrections, except that the court shall order restitution of
23 all unpaid support payments and may impose the following
24 fines, alone, or in addition to a sentence of imprisonment
25 under the following circumstances:
26 (1) from $1,000 to $5,000 if the support obligation
27 has remained unpaid for a period longer than 2 years, or
28 is in arrears in an amount greater than $1,000 and not
29 exceeding $10,000;
30 (2) from $5,000 to $10,000 if the support obligation
31 has remained unpaid for a period longer than 5 years, or
32 is in arrears in an amount greater than $10,000 and not
33 exceeding $20,000; or
34 (3) from $10,000 to $25,000 if the support
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1 obligation has remained unpaid for a period longer than 8
2 years, or is in arrears in an amount greater than
3 $20,000.
4 Restitution shall be ordered in an amount equal to the
5 total unpaid support obligation as it existed at the time of
6 sentencing. Any amounts paid by the obligor shall be
7 allocated first to current support and then to restitution
8 ordered and then to fines imposed under this Section.
9 Section 20. Entry of order for support; income
10 withholding.
11 (a) In a case in which no court or administrative order
12 for support is in effect against the defendant:
13 (1) at any time before the trial, upon motion of the
14 State's Attorney, or of the Attorney General if the
15 action has been instituted by his office, and upon notice
16 to the defendant, or at the time of arraignment or as a
17 condition of postponement of arraignment, the court may
18 enter such temporary order for support as may seem just,
19 providing for the support or maintenance of the spouse or
20 child or children of the defendant, or both, pendente
21 lite; or
22 (2) before trial with the consent of the defendant,
23 or at the trial on entry of a plea of guilty, or after
24 conviction, instead of imposing the penalty provided in
25 this Act, or in addition thereto, the court may enter an
26 order for support, subject to modification by the court
27 from time to time as circumstances may require, directing
28 the defendant to pay a certain sum for maintenance of the
29 spouse, or for support of the child or children, or both.
30 (b) The court shall determine the amount of child support
31 by using the guidelines and standards set forth in subsection
32 (a) of Section 505 and in Section 505.2 of the Illinois
33 Marriage and Dissolution of Marriage Act.
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1 (c) The court shall determine the amount of maintenance
2 using the standards set forth in Section 504 of the Illinois
3 Marriage and Dissolution of Marriage Act.
4 (d) The court may, for violation of any order under this
5 Section, punish the offender as for a contempt of court, but
6 no pendente lite order shall remain in effect longer than 4
7 months, or after the discharge of any panel of jurors
8 summoned for service thereafter in such court, whichever is
9 sooner.
10 (e) Any order for support entered by the court under this
11 Section shall be deemed to be a series of judgments against
12 the person obligated to pay support under the judgments, each
13 such judgment to be in the amount of each payment or
14 installment of support and each judgment to be deemed entered
15 as of the date the corresponding payment or installment
16 becomes due under the terms of the support order. Each
17 judgment shall have the full force, effect, and attributes of
18 any other judgment of this State, including the ability to be
19 enforced. Each judgment is subject to modification or
20 termination only in accordance with Section 510 of the
21 Illinois Marriage and Dissolution of Marriage Act. A lien
22 arises by operation of law against the real and personal
23 property of the noncustodial parent for each installment of
24 overdue support owed by the noncustodial parent.
25 (f) An order for support entered under this Section shall
26 include a provision requiring the obligor to report to the
27 obligee and to the clerk of the court within 10 days each
28 time the obligor obtains new employment, and each time the
29 obligor's employment is terminated for any reason. The
30 report shall be in writing and shall, in the case of new
31 employment, include the name and address of the new employer.
32 Failure to report new employment or the termination of
33 current employment, if coupled with nonpayment of support for
34 a period in excess of 60 days, is indirect criminal contempt.
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1 For any obligor arrested for failure to report new
2 employment, bond shall be set in the amount of the child
3 support that should have been paid during the period of
4 unreported employment.
5 An order for support entered under this Section shall
6 also include a provision requiring the obligor and obligee
7 parents to advise each other of a change in residence within
8 5 days of the change except when the court finds that the
9 physical, mental, or emotional health of a party or of a
10 minor child, or both, would be seriously endangered by
11 disclosure of the party's address.
12 (g) An order for support entered or modified in a case in
13 which a party is receiving child and spouse support services
14 under Article X of the Illinois Public Aid Code shall include
15 a provision requiring the noncustodial parent to notify the
16 Illinois Department of Public Aid, within 7 days, of the name
17 and address of any new employer of the noncustodial parent,
18 whether the noncustodial parent has access to health
19 insurance coverage through the employer or other group
20 coverage and, if so, the policy name and number and the names
21 of persons covered under the policy.
22 (h) In any subsequent action to enforce an order for
23 support entered under this Act, upon sufficient showing that
24 diligent effort has been made to ascertain the location of
25 the noncustodial parent, service of process or provision of
26 notice necessary in that action may be made at the last known
27 address of the noncustodial parent, in any manner expressly
28 provided by the Code of Civil Procedure or in this Act, which
29 service shall be sufficient for purposes of due process.
30 (i) An order for support shall include a date on which
31 the current support obligation terminates. The termination
32 date shall be no earlier than the date on which the child
33 covered by the order will attain the age of majority or is
34 otherwise emancipated. The order for support shall state that
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1 the termination date does not apply to any arrearage that may
2 remain unpaid on that date. Nothing in this subsection shall
3 be construed to prevent the court from modifying the order.
4 Section 22. Withholding of income to secure payment of
5 support. An order for support entered or modified under this
6 Act is subject to the Income Withholding for Support Act.
7 Section 25. Payment of support to State Disbursement
8 Unit; clerk of the court.
9 (a) As used in this Section, "order for support",
10 "obligor", "obligee", and "payor" mean those terms as defined
11 in the Income Withholding for Support Act.
12 (b) Each order for support entered or modified under
13 Section 20 of this Act shall require that support payments be
14 made to the State Disbursement Unit established under the
15 Illinois Public Aid Code, under the following circumstances:
16 (1) when a party to the order is receiving child and
17 spouse support services under Article X of the Illinois
18 Public Aid Code; or
19 (2) when no party to the order is receiving child
20 and spouse support services, but the support payments are
21 made through income withholding.
22 (c) When no party to the order is receiving child and
23 spouse support services, and payments are not being made
24 through income withholding, the court shall order the obligor
25 to make support payments to the clerk of the court.
26 (d) In the case of an order for support entered by the
27 court under this Act before a party commenced receipt of
28 child and spouse support services, upon receipt of these
29 services by a party the Illinois Department of Public Aid
30 shall provide notice to the obligor to send any support
31 payments he or she makes personally to the State Disbursement
32 Unit until further direction of the Department. The
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1 Department shall provide a copy of the notice to the obligee
2 and to the clerk of the court.
3 (e) If a State Disbursement Unit as specified by federal
4 law has not been created in Illinois upon the effective date
5 of this Act, then, until the creation of a State Disbursement
6 Unit as specified by federal law, the following provisions
7 regarding payment and disbursement of support payments shall
8 control and the provisions in subsections (a), (b), (c), and
9 (d) shall be inoperative. Upon the creation of a State
10 Disbursement Unit as specified by federal law, this
11 subsection (e) shall be inoperative and the payment and
12 disbursement provisions of subsections (a), (b), (c), and (d)
13 shall control.
14 (1) In cases in which an order for support is
15 entered under Section 20 of this Act, the court shall
16 order that maintenance and support payments be made to
17 the clerk of the court for remittance to the person or
18 agency entitled to receive the payments. However, the
19 court in its discretion may direct otherwise where
20 exceptional circumstances so warrant.
21 (2) The court shall direct that support payments be
22 sent by the clerk to (i) the Illinois Department of
23 Public Aid if the person in whose behalf payments are
24 made is receiving aid under Articles III, IV, or V of the
25 Illinois Public Aid Code, or child and spouse support
26 services under Article X of the Code, or (ii) to the
27 local governmental unit responsible for the support of
28 the person if he or she is a recipient under Article VI
29 of the Code. In accordance with federal law and
30 regulations, the Illinois Department of Public Aid may
31 continue to collect current maintenance payments or child
32 support payments, or both, after those persons cease to
33 receive public assistance and until termination of
34 services under Article X of the Illinois Public Aid Code.
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1 The Illinois Department shall pay the net amount
2 collected to those persons after deducting any costs
3 incurred in making the collection or any collection fee
4 from the amount of any recovery made. The order shall
5 permit the Illinois Department of Public Aid or the local
6 governmental unit, as the case may be, to direct that
7 support payments be made directly to the spouse,
8 children, or both, or to some person or agency in their
9 behalf, upon removal of the spouse or children from the
10 public aid rolls or upon termination of services under
11 Article X of the Illinois Public Aid Code; and upon such
12 direction, the Illinois Department or the local
13 governmental unit, as the case requires, shall give
14 notice of such action to the court in writing or by
15 electronic transmission.
16 (3) The clerk of the court shall establish and
17 maintain current records of all moneys received and
18 disbursed and of delinquencies and defaults in required
19 payments. The court, by order or rule, shall make
20 provision for the carrying out of these duties.
21 (4) Upon notification in writing or by electronic
22 transmission from the Illinois Department of Public Aid
23 to the clerk of the court that a person who is receiving
24 support payments under this Section is receiving services
25 under the Child Support Enforcement Program established
26 by Title IV-D of the Social Security Act, any support
27 payments subsequently received by the clerk of the court
28 shall be transmitted in accordance with the instructions
29 of the Illinois Department of Public Aid until the
30 Department gives notice to cease the transmittal. After
31 providing the notification authorized under this
32 paragraph, the Illinois Department of Public Aid shall be
33 a party and entitled to notice of any further proceedings
34 in the case. The clerk of the court shall file a copy of
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1 the Illinois Department of Public Aid's notification in
2 the court file. The failure of the clerk to file a copy
3 of the notification in the court file shall not, however,
4 affect the Illinois Department of Public Aid's rights as
5 a party or its right to receive notice of further
6 proceedings.
7 (5) Payments under this Section to the Illinois
8 Department of Public Aid pursuant to the Child Support
9 Enforcement Program established by Title IV-D of the
10 Social Security Act shall be paid into the Child Support
11 Enforcement Trust Fund. All other payments under this
12 Section to the Illinois Department of Public Aid shall be
13 deposited in the Public Assistance Recoveries Trust Fund.
14 Disbursements from these funds shall be as provided in
15 the Illinois Public Aid Code. Payments received by a
16 local governmental unit shall be deposited in that unit's
17 General Assistance Fund.
18 (6) For those cases in which child support is
19 payable to the clerk of the circuit court for transmittal
20 to the Illinois Department of Public Aid by order of
21 court or upon notification by the Illinois Department of
22 Public Aid, the clerk shall transmit all such payments,
23 within 4 working days of receipt, to insure that funds
24 are available for immediate distribution by the
25 Department to the person or entity entitled thereto in
26 accordance with standards of the Child Support
27 Enforcement Program established under Title IV-D of the
28 Social Security Act. The clerk shall notify the
29 Department of the date of receipt and amount thereof at
30 the time of transmittal. Where the clerk has entered
31 into an agreement of cooperation with the Department to
32 record the terms of child support orders and payments
33 made thereunder directly into the Department's automated
34 data processing system, the clerk shall account for,
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1 transmit and otherwise distribute child support payments
2 in accordance with such agreement in lieu of the
3 requirements contained herein.
4 Section 30. Information to State Case Registry.
5 (a) When an order for support is entered or modified
6 under Section 20 of this Act, the clerk of the court shall,
7 within 5 business days, provide to the State Case Registry
8 established under Section 10-27 of the Illinois Public Aid
9 Code the court docket number and county in which the order is
10 entered or modified and the following information, which the
11 parents involved in the case shall disclose to the court:
12 (1) the names of the custodial and noncustodial
13 parents and of the child or children covered by the
14 order;
15 (2) the dates of birth of the custodial and
16 noncustodial parents and of the child or children covered
17 by the order;
18 (3) the social security numbers of the custodial and
19 noncustodial parents and, if available, of the child or
20 children covered by the order;
21 (4) the residential and mailing address for the
22 custodial and noncustodial parents;
23 (5) the telephone numbers for the custodial and
24 noncustodial parents;
25 (6) the driver's license numbers for the custodial
26 and noncustodial parents; and
27 (7) the name, address, and telephone number of each
28 parent's employer or employers.
29 (b) When an order for support is entered or modified
30 under Section 20 in a case in which a party is receiving
31 child and spouse support services under Article X of the
32 Illinois Public Aid Code, the clerk shall provide the State
33 Case Registry with the following information within 5
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1 business days:
2 (1) the information specified in subsection (a);
3 (2) the amount of monthly or other periodic support
4 owed under the order and other amounts, including
5 arrearages, interest, or late payment penalties and fees,
6 due or overdue under the order;
7 (3) any amounts described in subdivision (2) of this
8 subsection (b) that have been received by the clerk; and
9 (4) the distribution of the amounts received by the
10 clerk.
11 (c) A party shall report to the clerk of the circuit
12 court changes in information required to be disclosed under
13 this Section within 5 business days of the change.
14 (d) To the extent that updated information is in the
15 clerk's possession, the clerk shall provide updates of the
16 information specified in subsection (b) within 5 business
17 days after the Illinois Department of Public Aid's request
18 for that updated information.
19 Section 35. Fine; release of defendant on probation;
20 violation of order for support; forfeiture of recognizance.
21 (a) Whenever a fine is imposed it may be directed by the
22 court to be paid, in whole or in part, to the spouse,
23 ex-spouse, or if the support of a child or children is
24 involved, to the custodial parent, to the clerk, probation
25 officer, or to the Illinois Department of Public Aid if a
26 recipient of child and spouse support services under Article
27 X of the Illinois Public Aid Code is involved as the case
28 requires, to be disbursed by such officers or agency under
29 the terms of the order.
30 (b) The court may also relieve the defendant from custody
31 on probation for the period fixed in the order or judgment
32 upon his or her entering into a recognizance, with or without
33 surety, in the sum as the court orders and approves. The
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1 condition of the recognizance shall be such that if the
2 defendant makes his or her personal appearance in court
3 whenever ordered to do so by the court, during such period as
4 may be so fixed, and further complies with the terms of the
5 order for support, or any subsequent modification of the
6 order, then the recognizance shall be void; otherwise it will
7 remain in full force and effect.
8 (c) If the court is satisfied by testimony in open court,
9 that at any time during the period of one year the defendant
10 has violated the terms of the order for support, it may
11 proceed with the trial of the defendant under the original
12 charge, or sentence him or her under the original conviction,
13 or enforce the suspended sentence, as the case may be. In
14 case of forfeiture of recognizance, and enforcement of
15 recognizance by execution, the sum so recovered may, in the
16 discretion of the court, be paid, in whole or in part, to the
17 spouse, ex-spouse, or if the support of a child or children
18 is involved, to the custodial parent, to the clerk, or to the
19 Illinois Department of Public Aid if a recipient of child and
20 spouse support services under Article X of the Illinois
21 Public Aid Code is involved as the case requires, to be
22 disbursed by the clerk or the Department under the terms of
23 the order.
24 Section 40. Evidence. No other or greater evidence
25 shall be required to prove the marriage of a husband and
26 wife, or that the defendant is the father or mother of the
27 child or children than is or shall be required to prove that
28 fact in a civil action.
29 Section 45. Husband or wife as competent witness. In no
30 prosecution under this Act shall any existing statute or rule
31 of law prohibiting the disclosure of confidential
32 communications between husband and wife apply. And both
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1 husband and wife shall be competent witnesses to testify to
2 any and all relevant matters, including the fact of such
3 marriage and of the parentage of such child or children,
4 provided that neither shall be compelled to give evidence
5 incriminating himself or herself.
6 Section 50. Community service; work alternative program.
7 (a) In addition to any other penalties imposed against an
8 offender under this Act, the court may order the offender to
9 perform community service for not less than 30 and not more
10 than 120 hours per month, if community service is available
11 in the jurisdiction and is funded and approved by the county
12 board of the county where the offense was committed. In
13 addition, whenever any person is placed on supervision for
14 committing an offense under this Act, the supervision shall
15 be conditioned on the performance of the community service.
16 (b) In addition to any other penalties imposed against an
17 offender under this Act, the court may sentence the offender
18 to service in a work alternative program administered by the
19 sheriff. The conditions of the program are that the offender
20 obtain or retain employment and participate in a work
21 alternative program administered by the sheriff during
22 non-working hours. A person may not be required to
23 participate in a work alternative program under this
24 subsection if the person is currently participating in a work
25 program pursuant to another provision of this Act, Section
26 10-11.1 of the Illinois Public Aid Code, Section 505.1 of the
27 Illinois Marriage and Dissolution of Marriage Act, or Section
28 15.1 of the Illinois Parentage Act of 1984.
29 (c) In addition to any other penalties imposed against
30 an offender under this Act, the court may order, in cases
31 where the offender has been in violation of this Act for 90
32 days or more, that the offender's Illinois driving privileges
33 be suspended until the court determines that the offender is
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1 in compliance with this Act.
2 The court may determine that the offender is in
3 compliance with this Act if the offender has agreed (i) to
4 pay all required amounts of support and maintenance as
5 determined by the court or (ii) to the garnishment of his or
6 her income for the purpose of paying those amounts.
7 The court may also order that the offender be issued a
8 family financial responsibility driving permit that would
9 allow limited driving privileges for employment and medical
10 purposes in accordance with Section 7-702.1 of the Illinois
11 Vehicle Code. The clerk of the circuit court shall certify
12 the order suspending the driving privileges of the offender
13 or granting the issuance of a family financial responsibility
14 driving permit to the Secretary of State on forms prescribed
15 by the Secretary. Upon receipt of the authenticated
16 documents, the Secretary of State shall suspend the
17 offender's driving privileges until further order of the
18 court and shall, if ordered by the court, subject to the
19 provisions of Section 7-702.1 of the Illinois Vehicle Code,
20 issue a family financial responsibility driving permit to the
21 offender.
22 (d) If the court determines that the offender has been
23 in violation of this Act for more than 60 days, the court may
24 determine whether the offender has applied for or been issued
25 a professional license by the Department of Professional
26 Regulation or another licensing agency. If the court
27 determines that the offender has applied for or been issued
28 such a license, the court may certify to the Department of
29 Professional Regulation or other licensing agency that the
30 offender has been in violation of this Act for more than 60
31 days so that the Department or other agency may take
32 appropriate steps with respect to the license or application
33 as provided in Section 10-65 of the Illinois Administrative
34 Procedure Act and Section 60 of the Civil Administrative Code
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1 of Illinois. The court may take the actions required under
2 this subsection in addition to imposing any other penalty
3 authorized under this Act.
4 Section 55. Offenses; how construed. It is hereby
5 expressly declared that the offenses set forth in this Act
6 shall be construed to be continuing offenses.
7 Section 60. Unemployed persons owing duty of support.
8 (a) Whenever it is determined in a proceeding to
9 establish or enforce a child support or maintenance
10 obligation that the person owing a duty of support is
11 unemployed, the court may order the person to seek employment
12 and report periodically to the court with a diary, listing or
13 other memorandum of his or her efforts in accordance with
14 such order. Additionally, the court may order the unemployed
15 person to report to the Department of Employment Security for
16 job search services or to make application with the local
17 Jobs Training Partnership Act provider for participation in
18 job search, training, or work programs and where the duty of
19 support is owed to a child receiving support services under
20 Article X of the Illinois Public Aid Code the court may order
21 the unemployed person to report to the Illinois Department of
22 Public Aid for participation in job search, training, or work
23 programs established under Section 9-6 and Article IXA of
24 that Code.
25 (b) Whenever it is determined that a person owes past due
26 support for a child or for a child and the parent with whom
27 the child is living, and the child is receiving assistance
28 under the Illinois Public Aid Code, the court shall order at
29 the request of the Illinois Department of Public Aid:
30 (1) that the person pay the past-due support in
31 accordance with a plan approved by the court; or
32 (2) if the person owing past-due support is
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1 unemployed, is subject to such a plan, and is not
2 incapacitated, that the person participate in such job
3 search, training, or work programs established under
4 Section 9-6 and Article IXA of the Illinois Public Aid
5 Code as the court deems appropriate.
6 Section 65. Order of protection; status. Whenever
7 relief sought under this Act is based on allegations of
8 domestic violence, as defined in the Illinois Domestic
9 Violence Act of 1986, the court, before granting relief,
10 shall determine whether any order of protection has
11 previously been entered in the instant proceeding or any
12 other proceeding in which any party, or a child of any party,
13 or both, if relevant, has been designated as either a
14 respondent or a protected person.
15 Section 70. Severability. If any provision of this Act
16 or its application to any person or circumstance is held
17 invalid, the invalidity of that provision or application does
18 not affect other provisions or applications of this Act that
19 can be given effect without the invalid provision or
20 application.
21 Section 905. The Illinois Administrative Procedure Act
22 is amended by changing Section 10-65 as follows:
23 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
24 Sec. 10-65. Licenses.
25 (a) When any licensing is required by law to be preceded
26 by notice and an opportunity for a hearing, the provisions of
27 this Act concerning contested cases shall apply.
28 (b) When a licensee has made timely and sufficient
29 application for the renewal of a license or a new license
30 with reference to any activity of a continuing nature, the
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1 existing license shall continue in full force and effect
2 until the final agency decision on the application has been
3 made unless a later date is fixed by order of a reviewing
4 court.
5 (c) An application for the renewal of a license or a new
6 license shall include the applicant's social security number.
7 Each agency shall require the licensee to certify on the
8 application form, under penalty of perjury, that he or she is
9 not more than 30 days delinquent in complying with a child
10 support order. Every application shall state that failure to
11 so certify shall result in disciplinary action, and that
12 making a false statement may subject the licensee to contempt
13 of court. The agency shall notify each applicant or licensee
14 who acknowledges a delinquency or who, contrary to his or her
15 certification, is found to be delinquent or who after
16 receiving notice, fails to comply with a subpoena or warrant
17 relating to a paternity or a child support proceeding, that
18 the agency intends to take disciplinary action. Accordingly,
19 the agency shall provide written notice of the facts or
20 conduct upon which the agency will rely to support its
21 proposed action and the applicant or licensee shall be given
22 an opportunity for a hearing in accordance with the
23 provisions of the Act concerning contested cases. Any
24 delinquency in complying with a child support order can be
25 remedied by arranging for payment of past due and current
26 support. Any failure to comply with a subpoena or warrant
27 relating to a paternity or child support proceeding can be
28 remedied by complying with the subpoena or warrant. Upon a
29 final finding of delinquency or failure to comply with a
30 subpoena or warrant, the agency shall suspend, revoke, or
31 refuse to issue or renew the license. In cases in which the
32 Department of Public Aid has previously determined that an
33 applicant or a licensee is more than 30 days delinquent in
34 the payment of child support and has subsequently certified
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1 the delinquency to the licensing agency, and in cases in
2 which a court has previously determined that an applicant or
3 licensee has been in violation of the Non-Support Punishment
4 Act for more than 60 days, the licensing agency shall refuse
5 to issue or renew or shall revoke or suspend that person's
6 license based solely upon the certification of delinquency
7 made by the Department of Public Aid or the certification of
8 violation made by the court. Further process, hearings, or
9 redetermination of the delinquency or violation by the
10 licensing agency shall not be required. The licensing
11 agency may issue or renew a license if the licensee has
12 arranged for payment of past and current child support
13 obligations in a manner satisfactory to the Department of
14 Public Aid or the court. The licensing agency may impose
15 conditions, restrictions, or disciplinary action upon that
16 license.
17 (d) Except as provided in subsection (c), no agency
18 shall revoke, suspend, annul, withdraw, amend materially, or
19 refuse to renew any valid license without first giving
20 written notice to the licensee of the facts or conduct upon
21 which the agency will rely to support its proposed action and
22 an opportunity for a hearing in accordance with the
23 provisions of this Act concerning contested cases. At the
24 hearing, the licensee shall have the right to show compliance
25 with all lawful requirements for the retention, continuation,
26 or renewal of the license. If, however, the agency finds
27 that the public interest, safety, or welfare imperatively
28 requires emergency action, and if the agency incorporates a
29 finding to that effect in its order, summary suspension of a
30 license may be ordered pending proceedings for revocation or
31 other action. Those proceedings shall be promptly instituted
32 and determined.
33 (e) Any application for renewal of a license that
34 contains required and relevant information, data, material,
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1 or circumstances that were not contained in an application
2 for the existing license shall be subject to the provisions
3 of subsection (a).
4 (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-99.)
5 Section 910. The Civil Administrative Code of Illinois
6 is amended by changing Section 43a.14 as follows:
7 (20 ILCS 1005/43a.14)
8 Sec. 43a.14. Exchange of information for child support
9 enforcement.
10 (a) To exchange with the Illinois Department of Public
11 Aid information that may be necessary for the enforcement of
12 child support orders entered pursuant to the Illinois Public
13 Aid Code, the Illinois Marriage and Dissolution of Marriage
14 Act, the Non-Support of Spouse and Children Act, the
15 Non-Support Punishment Act, the Revised Uniform Reciprocal
16 Enforcement of Support Act, the Uniform Interstate Family
17 Support Act, or the Illinois Parentage Act of 1984.
18 (b) Notwithstanding any provisions in this Code to the
19 contrary, the Department of Employment Security shall not be
20 liable to any person for any disclosure of information to the
21 Illinois Department of Public Aid under subsection (a) or for
22 any other action taken in good faith to comply with the
23 requirements of subsection (a).
24 (Source: P.A. 90-18, eff. 7-1-97.)
25 Section 915. The Civil Administrative Code of Illinois
26 is amended by changing Section 60 as follows:
27 (20 ILCS 2105/60) (from Ch. 127, par. 60)
28 Sec. 60. Powers and duties. The Department of
29 Professional Regulation shall have, subject to the provisions
30 of this Act, the following powers and duties:
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1 1. To authorize examinations in English to ascertain the
2 qualifications and fitness of applicants to exercise the
3 profession, trade, or occupation for which the examination is
4 held.
5 2. To prescribe rules and regulations for a fair and
6 wholly impartial method of examination of candidates to
7 exercise the respective professions, trades, or occupations.
8 3. To pass upon the qualifications of applicants for
9 licenses, certificates, and authorities, whether by
10 examination, by reciprocity, or by endorsement.
11 4. To prescribe rules and regulations defining, for the
12 respective professions, trades, and occupations, what shall
13 constitute a school, college, or university, or department of
14 a university, or other institutions, reputable and in good
15 standing and to determine the reputability and good standing
16 of a school, college, or university, or department of a
17 university, or other institution, reputable and in good
18 standing by reference to a compliance with such rules and
19 regulations: provided, that no school, college, or
20 university, or department of a university or other
21 institution that refuses admittance to applicants solely on
22 account of race, color, creed, sex, or national origin shall
23 be considered reputable and in good standing.
24 5. To conduct hearings on proceedings to revoke,
25 suspend, refuse to renew, place on probationary status, or
26 take other disciplinary action as may be authorized in any
27 licensing Act administered by the Department with regard to
28 licenses, certificates, or authorities of persons exercising
29 the respective professions, trades, or occupations, and to
30 revoke, suspend, refuse to renew, place on probationary
31 status, or take other disciplinary action as may be
32 authorized in any licensing Act administered by the
33 Department with regard to such licenses, certificates, or
34 authorities. The Department shall issue a monthly
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1 disciplinary report. The Department shall deny any license
2 or renewal authorized by this Act to any person who has
3 defaulted on an educational loan or scholarship provided by
4 or guaranteed by the Illinois Student Assistance Commission
5 or any governmental agency of this State; however, the
6 Department may issue a license or renewal if the
7 aforementioned persons have established a satisfactory
8 repayment record as determined by the Illinois Student
9 Assistance Commission or other appropriate governmental
10 agency of this State. Additionally, beginning June 1, 1996,
11 any license issued by the Department may be suspended or
12 revoked if the Department, after the opportunity for a
13 hearing under the appropriate licensing Act, finds that the
14 licensee has failed to make satisfactory repayment to the
15 Illinois Student Assistance Commission for a delinquent or
16 defaulted loan. For the purposes of this Section,
17 "satisfactory repayment record" shall be defined by rule. The
18 Department shall refuse to issue or renew a license to, or
19 shall suspend or revoke a license of, any person who, after
20 receiving notice, fails to comply with a subpoena or warrant
21 relating to a paternity or child support proceeding.
22 However, the Department may issue a license or renewal upon
23 compliance with the subpoena or warrant.
24 The Department, without further process or hearings,
25 shall revoke, suspend, or deny any license or renewal
26 authorized by this Act to a person who is certified by the
27 Illinois Department of Public Aid as being more than 30 days
28 delinquent in complying with a child support order or who is
29 certified by a court as being in violation of the Non-Support
30 of Punishment Act for more than 60 days; the Department may,
31 however, issue a license or renewal if the person has
32 established a satisfactory repayment record as determined by
33 the Illinois Department of Public Aid or if the person is
34 determined by the court to be in compliance with the
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1 Non-Support Punishment Act. The Department may implement
2 this paragraph as added by Public Act 89-6 through the use of
3 emergency rules in accordance with Section 5-45 of the
4 Illinois Administrative Procedure Act. For purposes of the
5 Illinois Administrative Procedure Act, the adoption of rules
6 to implement this paragraph shall be considered an emergency
7 and necessary for the public interest, safety, and welfare.
8 6. To transfer jurisdiction of any realty under the
9 control of the Department to any other Department of the
10 State Government, or to acquire or accept Federal lands, when
11 such transfer, acquisition or acceptance is advantageous to
12 the State and is approved in writing by the Governor.
13 7. To formulate rules and regulations as may be
14 necessary for the enforcement of any act administered by the
15 Department.
16 8. To exchange with the Illinois Department of Public
17 Aid information that may be necessary for the enforcement of
18 child support orders entered pursuant to the Illinois Public
19 Aid Code, the Illinois Marriage and Dissolution of Marriage
20 Act, the Non-Support of Spouse and Children Act, the
21 Non-Support Punishment Act, the Revised Uniform Reciprocal
22 Enforcement of Support Act, the Uniform Interstate Family
23 Support Act, or the Illinois Parentage Act of 1984.
24 Notwithstanding any provisions in this Code to the contrary,
25 the Department of Professional Regulation shall not be liable
26 under any federal or State law to any person for any
27 disclosure of information to the Illinois Department of
28 Public Aid under this paragraph 8 or for any other action
29 taken in good faith to comply with the requirements of this
30 paragraph 8.
31 9. To perform such other duties as may be prescribed by
32 law.
33 The Department may, when a fee is payable to the
34 Department for a wall certificate of registration provided by
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1 the Department of Central Management Services, require that
2 portion of the payment for printing and distribution costs be
3 made directly or through the Department, to the Department of
4 Central Management Services for deposit in the Paper and
5 Printing Revolving Fund, the remainder shall be deposited in
6 the General Revenue Fund.
7 For the purpose of securing and preparing evidence, and
8 for the purchase of controlled substances, professional
9 services, and equipment necessary for enforcement activities,
10 recoupment of investigative costs and other activities
11 directed at suppressing the misuse and abuse of controlled
12 substances, including those activities set forth in Sections
13 504 and 508 of the Illinois Controlled Substances Act, the
14 Director and agents appointed and authorized by the Director
15 may expend such sums from the Professional Regulation
16 Evidence Fund as the Director deems necessary from the
17 amounts appropriated for that purpose and such sums may be
18 advanced to the agent when the Director deems such procedure
19 to be in the public interest. Sums for the purchase of
20 controlled substances, professional services, and equipment
21 necessary for enforcement activities and other activities as
22 set forth in this Section shall be advanced to the agent who
23 is to make such purchase from the Professional Regulation
24 Evidence Fund on vouchers signed by the Director. The
25 Director and such agents are authorized to maintain one or
26 more commercial checking accounts with any State banking
27 corporation or corporations organized under or subject to the
28 Illinois Banking Act for the deposit and withdrawal of moneys
29 to be used for the purposes set forth in this Section;
30 provided, that no check may be written nor any withdrawal
31 made from any such account except upon the written signatures
32 of 2 persons designated by the Director to write such checks
33 and make such withdrawals. Vouchers for such expenditures
34 must be signed by the Director and all such expenditures
SB19 Enrolled -25- LRB9100065SMdvA
1 shall be audited by the Director and the audit shall be
2 submitted to the Department of Central Management Services
3 for approval.
4 Whenever the Department is authorized or required by law
5 to consider some aspect of criminal history record
6 information for the purpose of carrying out its statutory
7 powers and responsibilities, then, upon request and payment
8 of fees in conformance with the requirements of subsection 22
9 of Section 55a of the Civil Administrative Code of Illinois,
10 the Department of State Police is authorized to furnish,
11 pursuant to positive identification, such information
12 contained in State files as is necessary to fulfill the
13 request.
14 The provisions of this Section do not apply to private
15 business and vocational schools as defined by Section 1 of
16 the Private Business and Vocational Schools Act.
17 Beginning July 1, 1995, this Section does not apply to
18 those professions, trades, and occupations licensed under the
19 Real Estate License Act of 1983 nor does it apply to any
20 permits, certificates, or other authorizations to do business
21 provided for in the Land Sales Registration Act of 1989 or
22 the Illinois Real Estate Time-Share Act.
23 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
24 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18,
25 eff. 7-1-97.)
26 Section 920. The Civil Administrative Code of Illinois
27 is amended by changing Section 39b12 as follows:
28 (20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
29 Sec. 39b12. Exchange of information.
30 (a) To exchange with any State, or local subdivisions
31 thereof, or with the federal government, except when
32 specifically prohibited by law, any information which may be
SB19 Enrolled -26- LRB9100065SMdvA
1 necessary to efficient tax administration and which may be
2 acquired as a result of the administration of the above laws.
3 (b) To exchange with the Illinois Department of Public
4 Aid information that may be necessary for the enforcement of
5 child support orders entered pursuant to the Illinois Public
6 Aid Code, the Illinois Marriage and Dissolution of Marriage
7 Act, the Non-Support of Spouse and Children Act, the
8 Non-Support Punishment Act, the Revised Uniform Reciprocal
9 Enforcement of Support Act, the Uniform Interstate Family
10 Support Act, or the Illinois Parentage Act of 1984.
11 Notwithstanding any provisions in this Code to the contrary,
12 the Department of Revenue shall not be liable to any person
13 for any disclosure of information to the Illinois Department
14 of Public Aid under this subsection (b) or for any other
15 action taken in good faith to comply with the requirements of
16 this subsection (b).
17 (Source: P.A. 90-18, eff. 7-1-97.)
18 Section 925. The Counties Code is amended by changing
19 Section 3-5036.5 as follows:
20 (55 ILCS 5/3-5036.5)
21 Sec. 3-5036.5. Exchange of information for child support
22 enforcement.
23 (a) The Recorder shall exchange with the Illinois
24 Department of Public Aid information that may be necessary
25 for the enforcement of child support orders entered pursuant
26 to the Illinois Public Aid Code, the Illinois Marriage and
27 Dissolution of Marriage Act, the Non-Support of Spouse and
28 Children Act, the Non-Support Punishment Act, the Revised
29 Uniform Reciprocal Enforcement of Support Act, the Uniform
30 Interstate Family Support Act, or the Illinois Parentage Act
31 of 1984.
32 (b) Notwithstanding any provisions in this Code to the
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1 contrary, the Recorder shall not be liable to any person for
2 any disclosure of information to the Illinois Department of
3 Public Aid under subsection (a) or for any other action taken
4 in good faith to comply with the requirements of subsection
5 (a).
6 (Source: P.A. 90-18, eff. 7-1-97.)
7 Section 930. The Collection Agency Act is amended by
8 changing Section 2.04 as follows:
9 (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
10 Sec. 2.04. Child support indebtedness.
11 (a) Persons, associations, partnerships, or corporations
12 engaged in the business of collecting child support
13 indebtedness owing under a court order as provided under the
14 Illinois Public Aid Code, the Illinois Marriage and
15 Dissolution of Marriage Act, the Non-Support of Spouse and
16 Children Act, the Non-Support Punishment Act, the Illinois
17 Parentage Act of 1984, or similar laws of other states are
18 not restricted (i) in the frequency of contact with an
19 obligor who is in arrears, whether by phone, mail, or other
20 means, (ii) from contacting the employer of an obligor who is
21 in arrears, (iii) from publishing or threatening to publish a
22 list of obligors in arrears, (iv) from disclosing or
23 threatening to disclose an arrearage that the obligor
24 disputes, but for which a verified notice of delinquency has
25 been served under the Income Withholding for Support Act (or
26 any of its predecessors, Section 10-16.2 of the Illinois
27 Public Aid Code, Section 706.1 of the Illinois Marriage and
28 Dissolution of Marriage Act, Section 4.1 of the Non-Support
29 of Spouse and Children Act, Section 26.1 of the Revised
30 Uniform Reciprocal Enforcement of Support Act, or Section 20
31 of the Illinois Parentage Act of 1984), or (v) from engaging
32 in conduct that would not cause a reasonable person mental or
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1 physical illness. For purposes of this subsection, "obligor"
2 means an individual who owes a duty to make periodic
3 payments, under a court order, for the support of a child.
4 "Arrearage" means the total amount of an obligor's unpaid
5 child support obligations.
6 (b) The Department shall adopt rules necessary to
7 administer and enforce the provisions of this Section.
8 (Source: P.A. 90-673, eff. 1-1-99.)
9 Section 935. The Illinois Public Aid Code is amended by
10 changing Sections 10-3.1, 10-17, 10-19, 10-25, 10-25.5, and
11 12-4.7c as follows:
12 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
13 Sec. 10-3.1. Child and Spouse Support Unit. The
14 Illinois Department shall establish within its administrative
15 staff a Child and Spouse Support Unit to search for and
16 locate absent parents and spouses liable for the support of
17 persons resident in this State and to exercise the support
18 enforcement powers and responsibilities assigned the
19 Department by this Article. The unit shall cooperate with
20 all law enforcement officials in this State and with the
21 authorities of other States in locating persons responsible
22 for the support of persons resident in other States and shall
23 invite the cooperation of these authorities in the
24 performance of its duties.
25 In addition to other duties assigned the Child and Spouse
26 Support Unit by this Article, the Unit may refer to the
27 Attorney General or units of local government with the
28 approval of the Attorney General, any actions under Sections
29 10-10 and 10-15 for judicial enforcement of the support
30 liability. The Child and Spouse Support Unit shall act for
31 the Department in referring to the Attorney General support
32 matters requiring judicial enforcement under other laws. If
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1 requested by the Attorney General to so act, as provided in
2 Section 12-16, attorneys of the Unit may assist the Attorney
3 General or themselves institute actions in behalf of the
4 Illinois Department under the Revised Uniform Reciprocal
5 Enforcement of Support Act; under the Illinois Parentage Act
6 of 1984; under the Non-Support of Spouse and Children Act;
7 under the Non-Support Punishment Act; or under any other law,
8 State or Federal, providing for support of a spouse or
9 dependent child.
10 The Illinois Department shall also have the authority to
11 enter into agreements with local governmental units or
12 individuals, with the approval of the Attorney General, for
13 the collection of moneys owing because of the failure of a
14 parent to make child support payments for any child receiving
15 services under this Article. Such agreements may be on a
16 contingent fee basis, but such contingent fee shall not
17 exceed 25% of the total amount collected.
18 An attorney who provides representation pursuant to this
19 Section shall represent the Illinois Department exclusively.
20 Regardless of the designation of the plaintiff in an action
21 brought pursuant to this Section, an attorney-client
22 relationship does not exist for purposes of that action
23 between that attorney and (i) an applicant for or recipient
24 of child and spouse support services or (ii) any other party
25 to the action other than the Illinois Department. Nothing in
26 this Section shall be construed to modify any power or duty
27 (including a duty to maintain confidentiality) of the Child
28 and Spouse Support Unit or the Illinois Department otherwise
29 provided by law.
30 The Illinois Department may also enter into agreements
31 with local governmental units for the Child and Spouse
32 Support Unit to exercise the investigative and enforcement
33 powers designated in this Article, including the issuance of
34 administrative orders under Section 10-11, in locating
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1 responsible relatives and obtaining support for persons
2 applying for or receiving aid under Article VI. Payments for
3 defrayment of administrative costs and support payments
4 obtained shall be deposited into the Public Assistance
5 Recoveries Trust Fund. Support payments shall be paid over
6 to the General Assistance Fund of the local governmental unit
7 at such time or times as the agreement may specify.
8 With respect to those cases in which it has support
9 enforcement powers and responsibilities under this Article,
10 the Illinois Department may provide by rule for periodic or
11 other review of each administrative and court order for
12 support to determine whether a modification of the order
13 should be sought. The Illinois Department shall provide for
14 and conduct such review in accordance with any applicable
15 federal law and regulation.
16 As part of its process for review of orders for support,
17 the Illinois Department, through written notice, may require
18 the responsible relative to disclose his or her Social
19 Security Number and past and present information concerning
20 the relative's address, employment, gross wages, deductions
21 from gross wages, net wages, bonuses, commissions, number of
22 dependent exemptions claimed, individual and dependent health
23 insurance coverage, and any other information necessary to
24 determine the relative's ability to provide support in a case
25 receiving child and spouse support services under this
26 Article X.
27 The Illinois Department may send a written request for
28 the same information to the relative's employer. The
29 employer shall respond to the request for information within
30 15 days after the date the employer receives the request. If
31 the employer willfully fails to fully respond within the
32 15-day period, the employer shall pay a penalty of $100 for
33 each day that the response is not provided to the Illinois
34 Department after the 15-day period has expired. The penalty
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1 may be collected in a civil action which may be brought
2 against the employer in favor of the Illinois Department.
3 A written request for information sent to an employer
4 pursuant to this Section shall consist of (i) a citation of
5 this Section as the statutory authority for the request and
6 for the employer's obligation to provide the requested
7 information, (ii) a returnable form setting forth the
8 employer's name and address and listing the name of the
9 employee with respect to whom information is requested, and
10 (iii) a citation of this Section as the statutory authority
11 authorizing the employer to withhold a fee of up to $20 from
12 the wages or income to be paid to each responsible relative
13 for providing the information to the Illinois Department
14 within the 15-day period. If the employer is withholding
15 support payments from the responsible relative's income
16 pursuant to an order for withholding, the employer may
17 withhold the fee provided for in this Section only after
18 withholding support as required under the order. Any amounts
19 withheld from the responsible relative's income for payment
20 of support and the fee provided for in this Section shall not
21 be in excess of the amounts permitted under the federal
22 Consumer Credit Protection Act.
23 In a case receiving child and spouse support services,
24 the Illinois Department may request and obtain information
25 from a particular employer under this Section no more than
26 once in any 12-month period, unless the information is
27 necessary to conduct a review of a court or administrative
28 order for support at the request of the person receiving
29 child and spouse support services.
30 The Illinois Department shall establish and maintain an
31 administrative unit to receive and transmit to the Child and
32 Spouse Support Unit information supplied by persons applying
33 for or receiving child and spouse support services under
34 Section 10-1. In addition, the Illinois Department shall
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1 address and respond to any alleged deficiencies that persons
2 receiving or applying for services from the Child and Spouse
3 Support Unit may identify concerning the Child and Spouse
4 Support Unit's provision of child and spouse support
5 services. Within 60 days after an action or failure to act by
6 the Child and Spouse Support Unit that affects his or her
7 case, a recipient of or applicant for child and spouse
8 support services under Article X of this Code may request an
9 explanation of the Unit's handling of the case. At the
10 requestor's option, the explanation may be provided either
11 orally in an interview, in writing, or both. If the Illinois
12 Department fails to respond to the request for an explanation
13 or fails to respond in a manner satisfactory to the applicant
14 or recipient within 30 days from the date of the request for
15 an explanation, the applicant or recipient may request a
16 conference for further review of the matter by the Office of
17 the Administrator of the Child and Spouse Support Unit. A
18 request for a conference may be submitted at any time within
19 60 days after the explanation has been provided by the Child
20 and Spouse Support Unit or within 60 days after the time for
21 providing the explanation has expired.
22 The applicant or recipient may request a conference
23 concerning any decision denying or terminating child or
24 spouse support services under Article X of this Code, and the
25 applicant or recipient may also request a conference
26 concerning the Unit's failure to provide services or the
27 provision of services in an amount or manner that is
28 considered inadequate. For purposes of this Section, the
29 Child and Spouse Support Unit includes all local governmental
30 units or individuals with whom the Illinois Department has
31 contracted under Section 10-3.1.
32 Upon receipt of a timely request for a conference, the
33 Office of the Administrator shall review the case. The
34 applicant or recipient requesting the conference shall be
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1 entitled, at his or her option, to appear in person or to
2 participate in the conference by telephone. The applicant or
3 recipient requesting the conference shall be entitled to be
4 represented and to be afforded a reasonable opportunity to
5 review the Illinois Department's file before or at the
6 conference. At the conference, the applicant or recipient
7 requesting the conference shall be afforded an opportunity to
8 present all relevant matters in support of his or her claim.
9 Conferences shall be without cost to the applicant or
10 recipient requesting the conference and shall be conducted by
11 a representative of the Child or Spouse Support Unit who did
12 not participate in the action or inaction being reviewed.
13 The Office of the Administrator shall conduct a
14 conference and inform all interested parties, in writing, of
15 the results of the conference within 60 days from the date of
16 filing of the request for a conference.
17 In addition to its other powers and responsibilities
18 established by this Article, the Child and Spouse Support
19 Unit shall conduct an annual assessment of each institution's
20 program for institution based paternity establishment under
21 Section 12 of the Vital Records Act.
22 (Source: P.A. 90-18, eff. 7-1-97.)
23 (305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
24 Sec. 10-17. Other Actions and Remedies for Support.) The
25 procedures, actions and remedies provided in this Article
26 shall in no way be exclusive, but shall be available in
27 addition to other actions and remedies of support, including,
28 but not by way of limitation, the remedies provided in (a)
29 the "Paternity Act", approved July 5, 1957, as amended; (b)
30 the "Non-Support of Spouse and Children Act", approved June
31 24, 1915, as amended; (b-5) the Non-Support Punishment Act;
32 and (c) the "Revised Uniform Reciprocal Enforcement of
33 Support Act", approved August 28, 1969, as amended.
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1 (Source: P.A. 79-474.)
2 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
3 Sec. 10-19. (Support Payments Ordered Under Other Laws -
4 Where Deposited.) The Illinois Department and local
5 governmental units are authorized to receive payments
6 directed by court order for the support of recipients, as
7 provided in the following Acts:
8 1. "Non-Support of Spouse and Children Act", approved
9 June 24, 1915, as amended,
10 1.5. The Non-Support Punishment Act,
11 2. "Illinois Marriage and Dissolution of Marriage Act",
12 as now or hereafter amended,
13 3. The Illinois Parentage Act, as amended,
14 4. "Revised Uniform Reciprocal Enforcement of Support
15 Act", approved August 28, 1969, as amended,
16 5. The Juvenile Court Act or the Juvenile Court Act of
17 1987, as amended,
18 6. The "Unified Code of Corrections", approved July 26,
19 1972, as amended,
20 7. Part 7 of Article XII of the Code of Civil Procedure,
21 as amended,
22 8. Part 8 of Article XII of the Code of Civil Procedure,
23 as amended, and
24 9. Other laws which may provide by judicial order for
25 direct payment of support moneys.
26 Payments under this Section to the Illinois Department
27 pursuant to the Child Support Enforcement Program established
28 by Title IV-D of the Social Security Act shall be paid into
29 the Child Support Enforcement Trust Fund. All other payments
30 under this Section to the Illinois Department shall be
31 deposited in the Public Assistance Recoveries Trust Fund.
32 Disbursements from these funds shall be as provided in
33 Sections 12-9 and 12-10.2 of this Code. Payments received by
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1 a local governmental unit shall be deposited in that unit's
2 General Assistance Fund.
3 (Source: P.A. 86-1028.)
4 (305 ILCS 5/10-25)
5 Sec. 10-25. Administrative liens and levies on real
6 property for past-due child support.
7 (a) The State shall have a lien on all legal and
8 equitable interests of responsible relatives in their real
9 property in the amount of past-due child support owing
10 pursuant to an order for child support entered under Sections
11 10-10 and 10-11 of this Code, or under the Illinois Marriage
12 and Dissolution of Marriage Act, the Non-Support of Spouse
13 and Children Act, the Non-Support Punishment Act, the Uniform
14 Interstate Family Support Act, or the Illinois Parentage Act
15 of 1984.
16 (b) The Illinois Department shall provide by rule for
17 notice to and an opportunity to be heard by each responsible
18 relative affected, and any final administrative decision
19 rendered by the Illinois Department shall be reviewed only
20 under and in accordance with the Administrative Review Law.
21 (c) When enforcing a lien under subsection (a) of this
22 Section, the Illinois Department shall have the authority to
23 execute notices of administrative liens and levies, which
24 shall contain the name and address of the responsible
25 relative, a legal description of the real property to be
26 levied, the fact that a lien is being claimed for past-due
27 child support, and such other information as the Illinois
28 Department may by rule prescribe. The Illinois Department
29 shall record the notice of lien with the recorder or
30 registrar of titles of the county or counties in which the
31 real estate is located.
32 (d) The State's lien under subsection (a) shall be
33 enforceable upon the recording or filing of a notice of lien
SB19 Enrolled -36- LRB9100065SMdvA
1 with the recorder or registrar of titles of the county or
2 counties in which the real estate is located. The lien shall
3 be prior to any lien thereafter recorded or filed and shall
4 be notice to a subsequent purchaser, assignor, or
5 encumbrancer of the existence and nature of the lien. The
6 lien shall be inferior to the lien of general taxes, special
7 assessment, and special taxes heretofore or hereafter levied
8 by any political subdivision or municipal corporation of the
9 State.
10 In the event that title to the land to be affected by the
11 notice of lien is registered under the Registered Titles
12 (Torrens) Act, the notice shall be filed in the office of the
13 registrar of titles as a memorial or charge upon each folium
14 of the register of titles affected by the notice; but the
15 State shall not have a preference over the rights of any bona
16 fide purchaser, mortgagee, judgment creditor, or other lien
17 holders registered prior to the registration of the notice.
18 (e) The recorder or registrar of titles of each county
19 shall procure a file labeled "Child Support Lien Notices" and
20 an index book labeled "Child Support Lien Notices". When
21 notice of any lien is presented to the recorder or registrar
22 of titles for filing, the recorder or registrar of titles
23 shall file it in numerical order in the file and shall enter
24 it alphabetically in the index. The entry shall show the
25 name and last known address of the person named in the
26 notice, the serial number of the notice, the date and hour of
27 filing, and the amount of child support due at the time when
28 the lien is filed.
29 (f) The Illinois Department shall not be required to
30 furnish bond or make a deposit for or pay any costs or fees
31 of any court or officer thereof in any legal proceeding
32 involving the lien.
33 (g) To protect the lien of the State for past-due child
34 support, the Illinois Department may, from funds that are
SB19 Enrolled -37- LRB9100065SMdvA
1 available for that purpose, pay or provide for the payment of
2 necessary or essential repairs, purchase tax certificates,
3 pay balances due on land contracts, or pay or cause to be
4 satisfied any prior liens on the property to which the lien
5 hereunder applies.
6 (h) A lien on real property under this Section shall be
7 released pursuant to Section 12-101 of the Code of Civil
8 Procedure.
9 (i) The Illinois Department, acting in behalf of the
10 State, may foreclose the lien in a judicial proceeding to the
11 same extent and in the same manner as in the enforcement of
12 other liens. The process, practice, and procedure for the
13 foreclosure shall be the same as provided in the Code of
14 Civil Procedure.
15 (Source: P.A. 90-18, eff. 7-1-97.)
16 (305 ILCS 5/10-25.5)
17 Sec. 10-25.5. Administrative liens and levies on
18 personal property for past-due child support.
19 (a) The State shall have a lien on all legal and
20 equitable interests of responsible relatives in their
21 personal property, including any account in a financial
22 institution as defined in Section 10-24, or in the case of an
23 insurance company or benefit association only in accounts as
24 defined in Section 10-24, in the amount of past-due child
25 support owing pursuant to an order for child support entered
26 under Sections 10-10 and 10-11 of this Code, or under the
27 Illinois Marriage and Dissolution of Marriage Act, the
28 Non-Support of Spouse and Children Act, the Non-Support
29 Punishment Act, the Uniform Interstate Family Support Act, or
30 the Illinois Parentage Act of 1984.
31 (b) The Illinois Department shall provide by rule for
32 notice to and an opportunity to be heard by each responsible
33 relative affected, and any final administrative decision
SB19 Enrolled -38- LRB9100065SMdvA
1 rendered by the Illinois Department shall be reviewed only
2 under and in accordance with the Administrative Review Law.
3 (c) When enforcing a lien under subsection (a) of this
4 Section, the Illinois Department shall have the authority to
5 execute notices of administrative liens and levies, which
6 shall contain the name and address of the responsible
7 relative, a description of the property to be levied, the
8 fact that a lien is being claimed for past-due child support,
9 and such other information as the Illinois Department may by
10 rule prescribe. The Illinois Department may serve the notice
11 of lien or levy upon any financial institution where the
12 accounts as defined in Section 10-24 of the responsible
13 relative may be held, for encumbrance or surrender of the
14 accounts as defined in Section 10-24 by the financial
15 institution.
16 (d) The Illinois Department shall enforce its lien
17 against the responsible relative's personal property, other
18 than accounts as defined in Section 10-24 in financial
19 institutions, and levy upon such personal property in the
20 manner provided for enforcement of judgments contained in
21 Article XII of the Code of Civil Procedure.
22 (e) The Illinois Department shall not be required to
23 furnish bond or make a deposit for or pay any costs or fees
24 of any court or officer thereof in any legal proceeding
25 involving the lien.
26 (f) To protect the lien of the State for past-due child
27 support, the Illinois Department may, from funds that are
28 available for that purpose, pay or provide for the payment of
29 necessary or essential repairs, purchase tax certificates, or
30 pay or cause to be satisfied any prior liens on the property
31 to which the lien hereunder applies.
32 (g) A lien on personal property under this Section shall
33 be released in the manner provided under Article XII of the
34 Code of Civil Procedure. Notwithstanding the foregoing, a
SB19 Enrolled -39- LRB9100065SMdvA
1 lien under this Section on accounts as defined in Section
2 10-24 shall expire upon the passage of 120 days from the date
3 of issuance of the Notice of Lien or Levy by the Illinois
4 Department. However, the lien shall remain in effect during
5 the pendency of any appeal or protest.
6 (h) A lien created under this Section is subordinate to
7 any prior lien of the financial institution or any prior lien
8 holder or any prior right of set-off that the financial
9 institution may have against the assets, or in the case of an
10 insurance company or benefit association only in the accounts
11 as defined in Section 10-24.
12 (i) A financial institution has no obligation under this
13 Section to hold, encumber, or surrender the assets, or in the
14 case of an insurance company or benefit association only the
15 accounts as defined in Section 10-24, until the financial
16 institution has been properly served with a subpoena,
17 summons, warrant, court or administrative order, or
18 administrative lien and levy requiring that action.
19 (Source: P.A. 90-18, eff. 7-1-97.)
20 (305 ILCS 5/12-4.7c)
21 Sec. 12-4.7c. Exchange of information after July 1, 1997.
22 (a) The Department of Human Services shall exchange with
23 the Illinois Department of Public Aid information that may be
24 necessary for the enforcement of child support orders entered
25 pursuant to Sections 10-10 and 10-11 of this Code or pursuant
26 to the Illinois Marriage and Dissolution of Marriage Act, the
27 Non-Support of Spouse and Children Act, the Non-Support
28 Punishment Act, the Revised Uniform Reciprocal Enforcement of
29 Support Act, the Uniform Interstate Family Support Act, or
30 the Illinois Parentage Act of 1984.
31 (b) Notwithstanding any provisions in this Code to the
32 contrary, the Department of Human Services shall not be
33 liable to any person for any disclosure of information to the
SB19 Enrolled -40- LRB9100065SMdvA
1 Illinois Department of Public Aid under subsection (a) or for
2 any other action taken in good faith to comply with the
3 requirements of subsection (a).
4 (Source: P.A. 90-18, eff. 7-1-97.)
5 Section 940. The Vital Records Act is amended by
6 changing Section 24 as follows:
7 (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
8 Sec. 24. (1) To protect the integrity of vital records,
9 to insure their proper use, and to insure the efficient and
10 proper administration of the vital records system, access to
11 vital records, and indexes thereof, including vital records
12 in the custody of local registrars and county clerks
13 originating prior to January 1, 1916, is limited to the
14 custodian and his employees, and then only for administrative
15 purposes, except that the indexes of those records in the
16 custody of local registrars and county clerks, originating
17 prior to January 1, 1916, shall be made available to persons
18 for the purpose of genealogical research. Original,
19 photographic or microphotographic reproductions of original
20 records of births 100 years old and older and deaths 50 years
21 old and older, and marriage records 75 years old and older on
22 file in the State Office of Vital Records and in the custody
23 of the county clerks may be made available for inspection in
24 the Illinois State Archives reference area, Illinois Regional
25 Archives Depositories, and other libraries approved by the
26 Illinois State Registrar and the Director of the Illinois
27 State Archives, provided that the photographic or
28 microphotographic copies are made at no cost to the county or
29 to the State of Illinois. It is unlawful for any custodian
30 to permit inspection of, or to disclose information contained
31 in, vital records, or to copy or permit to be copied, all or
32 part of any such record except as authorized by this Act or
SB19 Enrolled -41- LRB9100065SMdvA
1 regulations adopted pursuant thereto.
2 (2) The State Registrar of Vital Records, or his agent,
3 and any municipal, county, multi-county, public health
4 district, or regional health officer recognized by the
5 Department may examine vital records for the purpose only of
6 carrying out the public health programs and responsibilities
7 under his jurisdiction.
8 (3) The State Registrar of Vital Records, may disclose,
9 or authorize the disclosure of, data contained in the vital
10 records when deemed essential for bona fide research purposes
11 which are not for private gain.
12 This amendatory Act of 1973 does not apply to any home
13 rule unit.
14 (4) The State Registrar shall exchange with the Illinois
15 Department of Public Aid information that may be necessary
16 for the establishment of paternity and the establishment,
17 modification, and enforcement of child support orders entered
18 pursuant to the Illinois Public Aid Code, the Illinois
19 Marriage and Dissolution of Marriage Act, the Non-Support of
20 Spouse and Children Act, the Non-Support Punishment Act, the
21 Revised Uniform Reciprocal Enforcement of Support Act, the
22 Uniform Interstate Family Support Act, or the Illinois
23 Parentage Act of 1984. Notwithstanding any provisions in this
24 Act to the contrary, the State Registrar shall not be liable
25 to any person for any disclosure of information to the
26 Illinois Department of Public Aid under this subsection or
27 for any other action taken in good faith to comply with the
28 requirements of this subsection.
29 (Source: P.A. 90-18, eff. 7-1-97.)
30 Section 945. The Illinois Vehicle Code is amended by
31 changing Sections 2-109.1, 7-701, 7-702, 7-702.1, and 7-703
32 and by adding Sections 7-702.2, 7-705.1 and 7-706.1 as
33 follows:
SB19 Enrolled -42- LRB9100065SMdvA
1 (625 ILCS 5/2-109.1)
2 Sec. 2-109.1. Exchange of information.
3 (a) The Secretary of State shall exchange information
4 with the Illinois Department of Public Aid which may be
5 necessary for the establishment of paternity and the
6 establishment, modification, and enforcement of child support
7 orders pursuant to the Illinois Public Aid Code, the Illinois
8 Marriage and Dissolution of Marriage Act, the Non-Support of
9 Spouse and Children Act, the Non-Support Punishment Act, the
10 Revised Uniform Reciprocal Enforcement of Support Act, the
11 Uniform Interstate Family Support Act, or the Illinois
12 Parentage Act of 1984.
13 (b) Notwithstanding any provisions in this Code to the
14 contrary, the Secretary of State shall not be liable to any
15 person for any disclosure of information to the Illinois
16 Department of Public Aid under subsection (a) or for any
17 other action taken in good faith to comply with the
18 requirements of subsection (a).
19 (Source: P.A. 90-18, eff. 7-1-97.)
20 (625 ILCS 5/7-701)
21 Sec. 7-701. Findings and purpose. The General Assembly
22 finds that the timely receipt of adequate financial support
23 has the effect of reducing poverty and State expenditures for
24 welfare dependency among children, and that the timely
25 payment of adequate child support demonstrates financial
26 responsibility. Further, the General Assembly finds that the
27 State has a compelling interest in ensuring that drivers
28 within the State demonstrate financial responsibility,
29 including family financial responsibility, in order to safely
30 own and operate a motor vehicle. To this end, the Secretary
31 of State is authorized to establish systems a system to
32 suspend driver's licenses for failure to comply with court
33 orders of support.
SB19 Enrolled -43- LRB9100065SMdvA
1 (Source: P.A. 89-92, eff. 7-1-96.)
2 (625 ILCS 5/7-702)
3 Sec. 7-702. Suspension of driver's license for failure
4 to pay child support.
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 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
12 support.
13 (b) The Secretary of State shall suspend the driver's
14 license issued to an obligor upon receiving an authenticated
15 document provided for in subsection (b) of Section 7-703,
16 that the person has been adjudicated in arrears in court
17 ordered child support payments in an amount equal to 90 days
18 obligation or more, but has not been held in contempt of
19 court, and that the court has ordered that the person's
20 driving privileges be suspended. The obligor's driver's
21 license shall be suspended until such time as the Secretary
22 of State receives authenticated documentation that the
23 obligor is in compliance with the court order of support.
24 When the obligor complies with the court ordered child
25 support payments, the circuit court shall report the
26 obligor's compliance with the court order of support to the
27 Secretary of State, on a form prescribed by the Secretary of
28 State, and shall order that the obligor's driver's license be
29 reinstated.
30 (Source: P.A. 89-92, eff. 7-1-96.)
31 (625 ILCS 5/7-702.1)
32 Sec. 7-702.1. Family financial responsibility driving
SB19 Enrolled -44- LRB9100065SMdvA
1 permits. Following the entry of an order that an obligor has
2 been found in contempt by the court for failure to pay court
3 ordered child support payments or upon a motion by the
4 obligor who is subject to having his or her driver's license
5 suspended pursuant to subsection (b) of Section 7-703, the
6 court may enter an order directing the Secretary of State to
7 issue a family financial responsibility driving permit for
8 the purpose of providing the obligor the privilege of
9 operating a motor vehicle between the obligor's residence and
10 place of employment, or within the scope of employment
11 related duties; or for the purpose of providing
12 transportation for the obligor or a household member to
13 receive alcohol treatment, other drug treatment, or medical
14 care. The court may enter an order directing the issuance of
15 a permit only if the obligor has proven to the satisfaction
16 of the court that no alternative means of transportation are
17 reasonably available for the above stated purposes. No
18 permit shall be issued to a person under the age of 16 years
19 who possesses an instruction permit.
20 Upon entry of an order granting the issuance of a permit
21 to an obligor, the court shall report this finding to the
22 Secretary of State on a form prescribed by the Secretary.
23 This form shall state whether the permit has been granted for
24 employment or medical purposes and the specific days and
25 hours for which limited driving privileges have been granted.
26 The family financial responsibility driving permit shall
27 be subject to cancellation, invalidation, suspension, and
28 revocation by the Secretary of State in the same manner and
29 for the same reasons as a driver's license may be cancelled,
30 invalidated, suspended, or revoked.
31 The Secretary of State shall, upon receipt of a certified
32 court order from the court of jurisdiction, issue a family
33 financial responsibility driving permit. In order for this
34 permit to be issued, an individual's driving privileges must
SB19 Enrolled -45- LRB9100065SMdvA
1 be valid except for the family financial responsibility
2 suspension. This permit shall be valid only for employment
3 and medical purposes as set forth above. The permit shall
4 state the days and hours for which limited driving privileges
5 have been granted.
6 Any submitted court order that contains insufficient data
7 or fails to comply with any provision of this Code shall not
8 be used for issuance of the permit or entered to the
9 individual's driving record but shall be returned to the
10 court of jurisdiction indicating why the permit cannot be
11 issued at that time. The Secretary of State shall also send
12 notice of the return of the court order to the individual
13 requesting the permit.
14 (Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
15 (625 ILCS 5/7-702.2 new)
16 Sec. 7-702.2. Written agreement to pay past-due support.
17 (a) An obligor who is presently unable to pay all
18 past-due support and is subject to having his or her license
19 suspended pursuant to subsection (b) of Section 7-703 may
20 come into compliance with the court order for support by
21 executing a written payment agreement that is approved by the
22 court and by complying with that agreement. A condition of a
23 written payment agreement must be that the obligor pay the
24 current child support when due. Before a written payment
25 agreement is executed, the obligor shall:
26 (1) Disclose fully to the court in writing, on a
27 form prescribed by the court, the obligor's financial
28 circumstances, including income from all sources, assets,
29 liabilities, and work history for the past year; and
30 (2) Provide documentation to the court concerning
31 the obligor's financial circumstances, including copies
32 of the most recent State and federal income tax returns,
33 both personal and business; a copy of a recent pay stub
SB19 Enrolled -46- LRB9100065SMdvA
1 representative of current income; and copies of other
2 records that show the obligor's income and the present
3 level of assets held by the obligor.
4 (b) After full disclosure, the court may determine the
5 obligor's ability to pay past-due support and may approve a
6 written payment agreement consistent with the obligor's
7 ability to pay, not to exceed the court-ordered support.
8 (625 ILCS 5/7-703)
9 Sec. 7-703. Courts to report non-payment of court
10 ordered support.
11 (a) The clerk of the circuit court, as provided in
12 subsection (b) of Section 505 of the Illinois Marriage and
13 Dissolution of Marriage Act or as provided in Section 15 of
14 the Illinois Parentage Act of 1984, shall forward to the
15 Secretary of State, on a form prescribed by the Secretary, an
16 authenticated document certifying the court's order
17 suspending the driving privileges of the obligor. For any
18 such certification, the clerk of the court shall charge the
19 obligor a fee of $5 as provided in the Clerks of Courts Act.
20 (b) If an obligor has been adjudicated in arrears in
21 court ordered child support payments in an amount equal to 90
22 days obligation or more but has not been held in contempt of
23 court, the circuit court may order that the obligor's driving
24 privileges be suspended. If the circuit court orders that
25 the obligor's driving privileges be suspended, it shall
26 forward to the Secretary of State, on a form prescribed by
27 the Secretary, an authenticated document certifying the
28 court's order suspending the driving privileges of the
29 obligor. The authenticated document shall be forwarded to
30 the Secretary of State by the court no later than 45 days
31 after entry of the order suspending the obligor's driving
32 privileges.
33 (Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
SB19 Enrolled -47- LRB9100065SMdvA
1 (625 ILCS 5/7-705.1 new)
2 Sec. 7-705.1. Notice of noncompliance with support
3 order. Before forwarding to the Secretary of State the
4 authenticated document under subsection (b) of Section 7-703,
5 the circuit court must serve notice upon the obligor of its
6 intention to suspend the obligor's driver's license for being
7 adjudicated in arrears in court ordered child support
8 payments in an amount equal to 90 days obligation. The
9 notice must inform the obligor that:
10 (a) If the obligor is presently unable to pay all
11 past-due support, the obligor may come into compliance with
12 the support order by executing a written payment agreement
13 with the court, as provided in Section 7-702.2, and by
14 complying with that agreement;
15 (b) The obligor may contest the issue of compliance at a
16 hearing;
17 (c) A request for a hearing must be made in writing and
18 must be received by the clerk of the circuit court;
19 (d) If the obligor does not request a hearing to contest
20 the issue of compliance within 45 days after the notice of
21 noncompliance is mailed, the court may order that the
22 obligor's driver's license be suspended as provided for in
23 subsection (b) of Section 7-703;
24 (e) If the circuit court certifies the obligor to the
25 Secretary of State for noncompliance with an order of
26 support, the Secretary of State must suspend any driver's
27 license or instruction permit the obligor holds and the
28 obligor's right to apply for or obtain a driver's license or
29 instruction permit until the obligor comes into compliance
30 with the order of support;
31 (f) If the obligor files a motion to modify support with
32 the court or requests the court to modify a support
33 obligation, the circuit court shall stay action to certify
34 the obligor to the Secretary of State for noncompliance with
SB19 Enrolled -48- LRB9100065SMdvA
1 an order of support; and
2 (g) The obligor may comply with an order of support by
3 doing all of the following:
4 (1) Paying the current support;
5 (2) Paying all past-due support or, if unable to
6 pay all past-due support and a periodic payment for
7 past-due support has not been ordered by the court, by
8 making periodic payments in accordance with a written
9 payment agreement approved by the court; and
10 (3) Meeting the obligor's health insurance
11 obligation.
12 The notice must include the address and telephone number
13 of the clerk of the circuit court. The clerk of the circuit
14 court shall attach a copy of the obligor's order of support
15 to the notice. The notice must be served by certified mail,
16 return receipt requested, by service in hand, or as specified
17 in the Code of Civil Procedure.
18 (625 ILCS 5/7-706.1 new)
19 Sec. 7-706.1. Hearing for compliance with support order.
20 (a) An obligor may request in writing to the clerk of
21 the circuit court a hearing to contest the claim of
22 noncompliance with an order of support and his or her
23 subsequent driver's license suspension under subsection (b)
24 of Section 7-702.
25 (b) If a written request for a hearing is received by
26 the clerk of the circuit court, the clerk of the circuit
27 court shall set the hearing before the circuit court.
28 (c) Upon the obligor's written request, the court must
29 set a date for a hearing and afford the obligor an
30 opportunity for a hearing as early as practical.
31 (d) The scope of this hearing is limited to the
32 following issues:
33 (1) Whether the obligor is required to pay child
SB19 Enrolled -49- LRB9100065SMdvA
1 support under an order of support.
2 (2) Whether the obligor has been adjudicated in
3 arrears in court ordered child support payments in an
4 amount equal to 90 days obligation or more.
5 (3) Any additional issues raised by the obligor,
6 including the reasonableness of a payment agreement in
7 light of the obligor's current financial circumstances,
8 to be preserved for appeal.
9 (e) All hearings and hearing procedures shall comply
10 with requirements of the Illinois Constitution and the United
11 States Constitution, so that no person is deprived of due
12 process of law nor denied equal protection of the laws. All
13 hearings shall be held before a judge of the circuit court in
14 the county in which the support order has been entered.
15 Appropriate records of the hearings shall be kept. Where a
16 transcript of the hearing is taken, the person requesting the
17 hearing shall have the opportunity to order a copy of the
18 transcript at his or her own expense.
19 (f) The action of the circuit court resulting in the
20 suspension of any driver's license shall be a final judgment
21 for purposes of appellate review.
22 Section 955. The Unified Code of Corrections is amended
23 by changing Section 3-5-4 as follows:
24 (730 ILCS 5/3-5-4)
25 Sec. 3-5-4. Exchange of information for child support
26 enforcement.
27 (a) The Department shall exchange with the Illinois
28 Department of Public Aid information that may be necessary
29 for the enforcement of child support orders entered pursuant
30 to the Illinois Public Aid Code, the Illinois Marriage and
31 Dissolution of Marriage Act, the Non-Support of Spouse and
32 Children Act, the Non-Support Punishment Act, the Revised
SB19 Enrolled -50- LRB9100065SMdvA
1 Uniform Reciprocal Enforcement of Support Act, the Uniform
2 Interstate Family Support Act, or the Illinois Parentage Act
3 of 1984.
4 (b) Notwithstanding any provisions in this Code to the
5 contrary, the Department shall not be liable to any person
6 for any disclosure of information to the Illinois Department
7 of Public Aid under subsection (a) or for any other action
8 taken in good faith to comply with the requirements of
9 subsection (a).
10 (Source: P.A. 90-18, eff. 1-1-97.)
11 Section 960. The Code of Civil Procedure is amended by
12 changing Sections 2-1403 and 12-819 as follows:
13 (735 ILCS 5/2-1403) (from Ch. 110, par. 2-1403)
14 Sec. 2-1403. Judgment debtor as beneficiary of trust. No
15 court, except as otherwise provided in this Section, shall
16 order the satisfaction of a judgment out of any property held
17 in trust for the judgment debtor if such trust has, in good
18 faith, been created by, or the fund so held in trust has
19 proceeded from, a person other than the judgment debtor.
20 The income or principal of a trust shall be subject to
21 withholding for the purpose of securing collection of unpaid
22 child support obligations owed by the beneficiary as provided
23 in Section 4.1 of the "Non-Support of Spouse and Children
24 Act", Section 22 of the Non-Support Punishment Act, and
25 similar Sections of other Acts which provide for support of a
26 child as follows:
27 (1) income may be withheld if the beneficiary is
28 entitled to a specified dollar amount or percentage of the
29 income of the trust, or is the sole income beneficiary; and
30 (2) principal may be withheld if the beneficiary has a
31 right to withdraw principal, but not in excess of the amount
32 subject to withdrawal under the instrument, or if the
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1 beneficiary is the only beneficiary to whom discretionary
2 payments of principal may be made by the trustee.
3 (Source: P.A. 85-1209.)
4 (735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
5 Sec. 12-819. Limitations on part 8 of Article XII. The
6 provisions of this Part 8 of Article XII of this Act do not
7 apply to orders for withholding of income entered by the
8 court under provisions of The Illinois Public Aid Code, the
9 Illinois Marriage and Dissolution of Marriage Act, the
10 Non-Support of Spouse and Children Act, the Non-Support
11 Punishment Act, the Revised Uniform Reciprocal Enforcement of
12 Support Act and the Paternity Act for support of a child or
13 maintenance of a spouse.
14 (Source: P.A. 84-1043.)
15 Section 965. The Illinois Wage Assignment Act is amended
16 by changing Section 11 as follows:
17 (740 ILCS 170/11) (from Ch. 48, par. 39.12)
18 Sec. 11. The provisions of this Act do not apply to
19 orders for withholding of income entered by the court under
20 provisions of The Illinois Public Aid Code, the Illinois
21 Marriage and Dissolution of Marriage Act, the Non-Support of
22 Spouse and Children Act, the Non-Support Punishment Act, the
23 Revised Uniform Reciprocal Enforcement of Support Act and the
24 Paternity Act for support of a child or maintenance of a
25 spouse.
26 (Source: P.A. 83-658.)
27 Section 970. The Illinois Marriage and Dissolution of
28 Marriage Act is amended by changing Section 713 as follows:
29 (750 ILCS 5/713) (from Ch. 40, par. 713)
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1 Sec. 713. Attachment of the Body. As used in this
2 Section, "obligor" has the same meaning ascribed to such term
3 in the Income Withholding for Support Act.
4 (a) In any proceeding to enforce an order for support,
5 where the obligor has failed to appear in court pursuant to
6 order of court and after due notice thereof, the court may
7 enter an order for the attachment of the body of the obligor.
8 Notices under this Section shall be served upon the obligor
9 either (1) by prepaid certified mail with delivery restricted
10 to the obligor, or (2) by personal service on the obligor.
11 The attachment order shall fix an amount of escrow which is
12 equal to a minimum of 20% of the total child support
13 arrearage alleged by the obligee in sworn testimony to be due
14 and owing. The attachment order shall direct the Sheriff of
15 any county in Illinois to take the obligor into custody and
16 shall set the number of days following release from custody
17 for a hearing to be held at which the obligor must appear, if
18 he is released under subsection (c) of this Section.
19 (b) If the obligor is taken into custody, the Sheriff
20 shall take the obligor before the court which entered the
21 attachment order. However, the Sheriff may release the
22 person after he or she has deposited the amount of escrow
23 ordered by the court pursuant to local procedures for the
24 posting of bond. The Sheriff shall advise the obligor of the
25 hearing date at which the obligor is required to appear.
26 (c) Any escrow deposited pursuant to this Section shall
27 be transmitted to the Clerk of the Circuit Court for the
28 county in which the order for attachment of the body of the
29 obligor was entered. Any Clerk who receives money deposited
30 into escrow pursuant to this Section shall notify the
31 obligee, public office or legal counsel whose name appears on
32 the attachment order of the court date at which the obligor
33 is required to appear and the amount deposited into escrow.
34 The Clerk shall disburse such money to the obligee only under
SB19 Enrolled -53- LRB9100065SMdvA
1 an order from the court that entered the attachment order
2 pursuant to this Section.
3 (d) Whenever an obligor is taken before the court by the
4 Sheriff, or appears in court after the court has ordered the
5 attachment of his body, the court shall:
6 (1) hold a hearing on the complaint or petition
7 that gave rise to the attachment order. For purposes of
8 determining arrearages that are due and owing by the
9 obligor, the court shall accept the previous sworn
10 testimony of the obligee as true and the appearance of
11 the obligee shall not be required. The court shall
12 require sworn testimony of the obligor as to his or her
13 Social Security number, income, employment, bank
14 accounts, property and any other assets. If there is a
15 dispute as to the total amount of arrearages, the court
16 shall proceed as in any other case as to the undisputed
17 amounts; and
18 (2) order the Clerk of the Circuit Court to
19 disburse to the obligee or public office money held in
20 escrow pursuant to this Section if the court finds that
21 the amount of arrearages exceeds the amount of the
22 escrow. Amounts received by the obligee or public office
23 shall be deducted from the amount of the arrearages.
24 (e) If the obligor fails to appear in court after being
25 notified of the court date by the Sheriff upon release from
26 custody, the court shall order any monies deposited into
27 escrow to be immediately released to the obligee or public
28 office and shall proceed under subsection (a) of this Section
29 by entering another order for the attachment of the body of
30 the obligor.
31 (f) This Section shall apply to any order for support
32 issued under the "Illinois Marriage and Dissolution of
33 Marriage Act", approved September 22, 1977, as amended; the
34 "Illinois Parentage Act of 1984", effective July 1, 1985, as
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1 amended; the "Revised Uniform Reciprocal Enforcement of
2 Support Act", approved August 28, 1969, as amended; "The
3 Illinois Public Aid Code", approved April 11, 1967, as
4 amended; the Non-Support Punishment Act; and the "Non-support
5 of Spouse and Children Act", approved June 8, 1953, as
6 amended.
7 (g) Any escrow established pursuant to this Section for
8 the purpose of providing support shall not be subject to fees
9 collected by the Clerk of the Circuit Court for any other
10 escrow.
11 (Source: P.A. 90-673, eff. 1-1-99.)
12 Section 975. The Uniform Interstate Family Support Act
13 is amended by changing Section 101 as follows:
14 (750 ILCS 22/101)
15 Sec. 101. Definitions. In this Act:
16 "Child" means an individual, whether over or under the
17 age of 18, who is or is alleged to be owed a duty of support
18 by the individual's parent or who is or is alleged to be the
19 beneficiary of a support order directed to the parent.
20 "Child-support order" means a support order for a child,
21 including a child who has attained the age of 18.
22 "Duty of support" means an obligation imposed or
23 imposable by law to provide support for a child, spouse, or
24 former spouse including an unsatisfied obligation to provide
25 support.
26 "Home state" means the state in which a child lived with
27 a parent or a person acting as parent for at least 6
28 consecutive months immediately preceding the time of filing
29 of a petition or comparable pleading for support, and if a
30 child is less than 6 months old, the state in which the child
31 lived from birth with any of them. A period of temporary
32 absence of any of them is counted as part of the 6-month or
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1 other period.
2 "Income" includes earnings or other periodic entitlements
3 to money from any source and any other property subject to
4 withholding for support under the law of this State.
5 "Income-withholding order" means an order or other legal
6 process directed to an obligor's employer or other debtor, as
7 defined by the Illinois Marriage and Dissolution of Marriage
8 Act, the Non-Support of Spouse and Children Act, the
9 Non-Support Punishment Act, the Illinois Public Aid Code, and
10 the Illinois Parentage Act of 1984, to withhold support from
11 the income of the obligor.
12 "Initiating state" means a state from which a proceeding
13 is forwarded or in which a proceeding is filed for forwarding
14 to a responding state under this Act or a law or procedure
15 substantially similar to this Act.
16 "Initiating tribunal" means the authorized tribunal in an
17 initiating state.
18 "Issuing state" means the state in which a tribunal
19 issues a support order or renders a judgment determining
20 parentage.
21 "Issuing tribunal" means the tribunal that issues a
22 support order or renders a judgment determining parentage.
23 "Obligee" means:
24 (i) an individual to whom a duty of support is or
25 is alleged to be owed or in whose favor a support order
26 has been issued or a judgment determining parentage has
27 been rendered;
28 (ii) a state or political subdivision to which the
29 rights under a duty of support or support order have been
30 assigned or which has independent claims based on
31 financial assistance provided to an individual obligee;
32 or
33 (iii) an individual seeking a judgment determining
34 parentage of the individual's child.
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1 "Obligor" means an individual, or the estate of a
2 decedent: (i) who owes or is alleged to owe a duty of
3 support; (ii) who is alleged but has not been adjudicated to
4 be a parent of a child; or (iii) who is liable under a
5 support order.
6 "Register" means to record a support order or judgment
7 determining parentage in the appropriate Registry of Foreign
8 Support Orders.
9 "Registering tribunal" means a tribunal in which a
10 support order is registered.
11 "Responding state" means a state in which a proceeding is
12 filed or to which a proceeding is forwarded for filing from
13 an initiating state under this Act or a law or procedure
14 substantially similar to this Act.
15 "Responding tribunal" means the authorized tribunal in a
16 responding state.
17 "Spousal-support order" means a support order for a
18 spouse or former spouse of the obligor.
19 "State" means a state of the United States, the District
20 of Columbia, Puerto Rico, the United States Virgin Islands,
21 or any territory or insular possession subject to the
22 jurisdiction of the United States. The term includes:
23 (i) an Indian tribe; and
24 (ii) a foreign jurisdiction that has enacted a law
25 or established procedures for issuance and enforcement of
26 support orders which are substantially similar to the
27 procedures under this Act, the Uniform Reciprocal
28 Enforcement of Support Act, or the Revised Uniform
29 Reciprocal Enforcement of Support Act.
30 "Support enforcement agency" means a public official or
31 agency authorized to seek:
32 (1) enforcement of support orders or laws relating to
33 the duty of support;
34 (2) establishment or modification of child support;
SB19 Enrolled -57- LRB9100065SMdvA
1 (3) determination of parentage; or
2 (4) to locate obligors or their assets.
3 "Support order" means a judgment, decree, or order,
4 whether temporary, final, or subject to modification, for the
5 benefit of a child, a spouse, or a former spouse, which
6 provides for monetary support, health care, arrearages, or
7 reimbursement, and may include related costs and fees,
8 interest, income withholding, attorney's fees, and other
9 relief.
10 "Tribunal" means a court, administrative agency, or
11 quasi-judicial entity authorized to establish, enforce, or
12 modify support orders or to determine parentage.
13 (Source: P.A. 90-240, eff. 7-28-97.)
14 Section 980. The Illinois Parentage Act of 1984 is
15 amended by changing Section 6 as follows:
16 (750 ILCS 45/6) (from Ch. 40, par. 2506)
17 Sec. 6. Establishment of Parent and Child Relationship
18 by Consent of the Parties.
19 (a) A parent and child relationship may be established
20 voluntarily by the signing and witnessing of a voluntary
21 acknowledgment of parentage in accordance with Section 12 of
22 the Vital Records Act or Section 10-17.7 of the Illinois
23 Public Aid Code. The voluntary acknowledgment of parentage
24 shall contain the social security numbers of the persons
25 signing the voluntary acknowledgment of parentage; however,
26 failure to include the social security numbers of the persons
27 signing a voluntary acknowledgment of parentage does not
28 invalidate the voluntary acknowledgment of parentage.
29 (b) Notwithstanding any other provisions of this Act,
30 paternity established in accordance with subsection (a) has
31 the full force and effect of a judgment entered under this
32 Act and serves as a basis for seeking a child support order
SB19 Enrolled -58- LRB9100065SMdvA
1 without any further proceedings to establish paternity.
2 (c) A judicial or administrative proceeding to ratify
3 paternity established in accordance with subsection (a) is
4 neither required nor permitted.
5 (d) A signed acknowledgment of paternity entered under
6 this Act may be challenged in court only on the basis of
7 fraud, duress, or material mistake of fact, with the burden
8 of proof upon the challenging party. Pending outcome of the
9 challenge to the acknowledgment of paternity, the legal
10 responsibilities of the signatories shall remain in full
11 force and effect, except upon order of the court upon a
12 showing of good cause.
13 (e) Once a parent and child relationship is established
14 in accordance with subsection (a), an order for support may
15 be established pursuant to a petition to establish an order
16 for support by consent filed with the clerk of the circuit
17 court. A copy of the properly completed acknowledgment of
18 parentage form shall be attached to the petition. The
19 petition shall ask that the circuit court enter an order for
20 support. The petition may ask that an order for visitation,
21 custody, or guardianship be entered. The filing and
22 appearance fees provided under the Clerks of Courts Act shall
23 be waived for all cases in which an acknowledgment of
24 parentage form has been properly completed by the parties and
25 in which a petition to establish an order for support by
26 consent has been filed with the clerk of the circuit court.
27 This subsection shall not be construed to prohibit filing any
28 petition for child support, visitation, or custody under this
29 Act, the Illinois Marriage and Dissolution of Marriage Act,
30 or the Non-Support Punishment of Spouse and Children Act.
31 This subsection shall also not be construed to prevent the
32 establishment of an administrative support order in cases
33 involving persons receiving child support enforcement
34 services under Article X of the Illinois Public Aid Code.
SB19 Enrolled -59- LRB9100065SMdvA
1 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
2 Section 985. The Business Corporation Act of 1983 is
3 amended by changing Section 1.25 as follows:
4 (805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
5 Sec. 1.25. List of corporations; exchange of
6 information.
7 (a) The Secretary of State shall publish each year a
8 list of corporations filing an annual report for the
9 preceding year in accordance with the provisions of this Act,
10 which report shall state the name of the corporation and the
11 respective names and addresses of the president, secretary,
12 and registered agent thereof and the address of the
13 registered office in this State of each such corporation. The
14 Secretary of State shall furnish without charge a copy of
15 such report to each recorder of this State, and to each
16 member of the General Assembly and to each State agency or
17 department requesting the same. The Secretary of State shall,
18 upon receipt of a written request and a fee as determined by
19 the Secretary, furnish such report to anyone else.
20 (b) (1) The Secretary of State shall publish daily a
21 list of all newly formed corporations, business and not for
22 profit, chartered by him on that day issued after receipt of
23 the application. The daily list shall contain the same
24 information as to each corporation as is provided for the
25 corporation list published under subsection (a) of this
26 Section. The daily list may be obtained at the Secretary's
27 office by any person, newspaper, State department or agency,
28 or local government for a reasonable charge to be determined
29 by the Secretary. Inspection of the daily list may be made
30 at the Secretary's office during normal business hours
31 without charge by any person, newspaper, State department or
32 agency, or local government.
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1 (2) The Secretary shall compile the daily list mentioned
2 in paragraph (1) of subsection (b) of this Section monthly,
3 or more often at the Secretary's discretion. The compilation
4 shall be immediately mailed free of charge to all local
5 governments requesting in writing receipt of such
6 publication, or shall be automatically mailed by the
7 Secretary without charge to local governments as determined
8 by the Secretary. The Secretary shall mail a copy of the
9 compilations free of charge to all State departments or
10 agencies making a written request. A request for a
11 compilation of the daily list once made by a local government
12 or State department or agency need not be renewed. However,
13 the Secretary may request from time to time whether the local
14 governments or State departments or agencies desire to
15 continue receiving the compilation.
16 (3) The compilations of the daily list mentioned in
17 paragraph (2) of subsection (b) of this Section shall be
18 mailed to newspapers, or any other person not included as a
19 recipient in paragraph (2) of subsection (b) of this Section,
20 upon receipt of a written application signed by the applicant
21 and accompanied by the payment of a fee as determined by the
22 Secretary.
23 (c) If a domestic or foreign corporation has filed with
24 the Secretary of State an annual report for the preceding
25 year or has been newly formed or is otherwise and in any
26 manner registered with the Secretary of State, the Secretary
27 of State shall exchange with the Illinois Department of
28 Public Aid any information concerning that corporation that
29 may be necessary for the enforcement of child support orders
30 entered pursuant to the Illinois Public Aid Code, the
31 Illinois Marriage and Dissolution of Marriage Act, the
32 Non-Support of Spouse and Children Act, the Non-Support
33 Punishment Act, the Revised Uniform Reciprocal Enforcement of
34 Support Act, the Uniform Interstate Family Support Act, or
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1 the Illinois Parentage Act of 1984.
2 Notwithstanding any provisions in this Act to the
3 contrary, the Secretary of State shall not be liable to any
4 person for any disclosure of information to the Illinois
5 Department of Public Aid under this subsection or for any
6 other action taken in good faith to comply with the
7 requirements of this subsection.
8 (Source: P.A. 90-18, eff. 7-1-97.)
9 Section 990. The Limited Liability Company Act is
10 amended by changing Section 50-5 as follows:
11 (805 ILCS 180/50-5)
12 Sec. 50-5. List of limited liability companies; exchange
13 of information.
14 (a) The Secretary of State may publish a list or lists
15 of limited liability companies and foreign limited liability
16 companies, as often, in the format, and for the fees as the
17 Secretary of State may in his or her discretion provide by
18 rule. The Secretary of State may disseminate information
19 concerning limited liability companies and foreign limited
20 liability companies by computer network in the format and for
21 the fees as may be determined by rule.
22 (b) Upon written request, any list published under
23 subsection (a) shall be free to each member of the General
24 Assembly, to each State agency or department, and to each
25 recorder in this State. An appropriate fee established by
26 rule to cover the cost of producing the list shall be charged
27 to all others.
28 (c) If a domestic or foreign limited liability company
29 has filed with the Secretary of State an annual report for
30 the preceding year or has been newly formed or is otherwise
31 and in any manner registered with the Secretary of State, the
32 Secretary of State shall exchange with the Illinois
SB19 Enrolled -62- LRB9100065SMdvA
1 Department of Public Aid any information concerning that
2 limited liability company that may be necessary for the
3 enforcement of child support orders entered pursuant to the
4 Illinois Public Aid Code, the Illinois Marriage and
5 Dissolution of Marriage Act, the Non-Support of Spouse and
6 Children Act, the Non-Support Punishment Act, the Revised
7 Uniform Reciprocal Enforcement of Support Act, the Uniform
8 Interstate Family Support Act, or the Illinois Parentage Act
9 of 1984.
10 Notwithstanding any provisions in this Act to the
11 contrary, the Secretary of State shall not be liable to any
12 person for any disclosure of information to the Illinois
13 Department of Public Aid under this subsection or for any
14 other action taken in good faith to comply with the
15 requirements of this subsection.
16 (Source: P.A. 90-18, eff. 7-1-97.)
17 (750 ILCS 15/Act rep.)
18 Section 992. Repealer. The Non-Support of Spouse and
19 Children Act is repealed.
20 Section 995. Certain actions to be determined under
21 prior law. An action that was commenced under the
22 Non-Support of Spouse and Children Act and is pending on the
23 effective date of this Act shall be decided in accordance
24 with the Non-Support of Spouse and Children Act as it existed
25 immediately before its repeal by this Act.
26 Section 999. Effective date. This Act takes effect on
27 October 1, 1999, except that Section 945 takes effect July 1,
28 2000.
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