Public Act 93-0116
HB0016 Enrolled LRB093 02284 DRJ 02292 b
AN ACT regarding child support.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 10-3.3 as follows:
(305 ILCS 5/10-3.3)
Sec. 10-3.3. Locating support obligor and others;
penalties.
(a) Upon request by the Child and Spouse Support Unit,
may request and receive from employers, labor unions, and
telephone companies shall provide, and utility companies
location information concerning putative fathers and
noncustodial parents for the purpose of establishing a
child's paternity or establishing, enforcing, or modifying a
child support obligation. In this Section, "location
information" means information about (i) the physical
whereabouts of a putative father or noncustodial parent, (ii)
the putative father or noncustodial parent's employer, or
(iii) the salary, wages, and other compensation paid and the
health insurance coverage provided to the putative father or
noncustodial parent by the employer of the putative father or
noncustodial parent or by a labor union of which the putative
father or noncustodial parent is a member.
An The employer, of a putative father or noncustodial
parent or the labor union, or telephone company of which the
putative father or noncustodial parent is a member shall
respond to the request of the Child and Spouse Support Unit
within 15 days after receiving the employer or labor union
receives the request. Any employer, or labor union, or
telephone company that willfully fails to fully respond
within the 15-day period shall be subject to a penalty of
$100 for each day that the response is not provided to the
Illinois Department after the 15-day period has expired. The
penalty may be collected in a civil action, which may be
brought against the employer, or labor union, or telephone
company in favor of the Illinois Department.
(b) Upon being served with an administrative subpoena as
authorized under this Code, a utility company or cable
television company must provide location information to the
Child and Spouse Support Unit for the purpose of establishing
a child's paternity or establishing, enforcing, or modifying
a child support obligation. Pursuant to an administrative
subpoena as authorized under this Code, the Child and Spouse
Support Unit may request and receive from utility companies
and cable television companies location information
concerning individuals who owe or are owed support or against
whom or with respect to whom a support obligation is sought.
(c) Notwithstanding the provisions of any other State or
local law to the contrary, an employer, labor union,
telephone company, utility company, or cable television
company shall not be liable to any person for disclosure of
location information under the requirements of this Section,
except for willful and wanton misconduct.
(Source: P.A. 89-395, eff. 1-1-96; 90-18, eff. 7-1-97.)
Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by adding Section 714 as follows:
(750 ILCS 5/714 new)
Sec. 714. Information to locate putative fathers and
noncustodial parents.
(a) Upon request by a public office, employers, labor
unions, and telephone companies shall provide location
information concerning putative fathers and noncustodial
parents for the purpose of establishing a child's paternity
or establishing, enforcing, or modifying a child support
obligation. The term "public office" is defined as set forth
in the Income Withholding for Support Act. In this Section,
"location information" means information about (i) the
physical whereabouts of a putative father or noncustodial
parent, (ii) the employer of the putative father or
noncustodial parent, or (iii) the salary, wages, and other
compensation paid and the health insurance coverage provided
to the putative father or noncustodial parent by the employer
of the putative father or noncustodial parent or by a labor
union of which the putative father or noncustodial parent is
a member. An employer, labor union, or telephone company
shall respond to the request of the public office within 15
days after receiving the request. Any employer, labor union,
or telephone company that willfully fails to fully respond
within the 15-day period shall be subject to a penalty of
$100 for each day that the response is not provided to the
public office after the 15-day period has expired. The
penalty may be collected in a civil action, which may be
brought against the employer, labor union, or telephone
company in favor of the public office.
(b) Upon being served with a subpoena (including an
administrative subpoena as authorized by law), a utility
company or cable television company must provide location
information to a public office for the purpose of
establishing a child's paternity or establishing, enforcing,
or modifying a child support obligation.
(c) Notwithstanding the provisions of any other State or
local law to the contrary, an employer, labor union,
telephone company, utility company, or cable television
company shall not be liable to any person for disclosure of
location information under the requirements of this Section,
except for willful and wanton misconduct.
Section 15. The Non-Support Punishment Act is amended by
adding Section 33 as follows:
(750 ILCS 16/33 new)
Sec. 33. Information to locate putative fathers and
noncustodial parents.
(a) Upon request by a public office, employers, labor
unions, and telephone companies shall provide location
information concerning putative fathers and noncustodial
parents for the purpose of establishing a child's paternity
or establishing, enforcing, or modifying a child support
obligation. The term "public office" is defined as set forth
in the Income Withholding for Support Act. In this Section,
"location information" means information about (i) the
physical whereabouts of a putative father or noncustodial
parent, (ii) the employer of the putative father or
noncustodial parent, or (iii) the salary, wages, and other
compensation paid and the health insurance coverage provided
to the putative father or noncustodial parent by the employer
of the putative father or noncustodial parent or by a labor
union of which the putative father or noncustodial parent is
a member. An employer, labor union, or telephone company
shall respond to the request of the public office within 15
days after receiving the request. Any employer, labor union,
or telephone company that willfully fails to fully respond
within the 15-day period shall be subject to a penalty of
$100 for each day that the response is not provided to the
public office after the 15-day period has expired. The
penalty may be collected in a civil action, which may be
brought against the employer, labor union, or telephone
company in favor of the public office.
(b) Upon being served with a subpoena (including an
administrative subpoena as authorized by law), a utility
company or cable television company must provide location
information to a public office for the purpose of
establishing a child's paternity or establishing, enforcing,
or modifying a child support obligation.
(c) Notwithstanding the provisions of any other State or
local law to the contrary, an employer, labor union,
telephone company, utility company, or cable television
company shall not be liable to any person for disclosure of
location information under the requirements of this Section,
except for willful and wanton misconduct.
Section 20. The Illinois Parentage Act of 1984 is
amended by adding Section 14.5 as follows:
(750 ILCS 45/14.5 new)
Sec. 14.5. Information to locate putative fathers and
noncustodial parents.
(a) Upon request by a public office, employers, labor
unions, and telephone companies shall provide location
information concerning putative fathers and noncustodial
parents for the purpose of establishing a child's paternity
or establishing, enforcing, or modifying a child support
obligation. The term "public office" is defined as set forth
in the Income Withholding for Support Act. In this Section,
"location information" means information about (i) the
physical whereabouts of a putative father or noncustodial
parent, (ii) the employer of the putative father or
noncustodial parent, or (iii) the salary, wages, and other
compensation paid and the health insurance coverage provided
to the putative father or noncustodial parent by the employer
of the putative father or noncustodial parent or by a labor
union of which the putative father or noncustodial parent is
a member. An employer, labor union, or telephone company
shall respond to the request of the public office within 15
days after receiving the request. Any employer, labor union,
or telephone company that willfully fails to fully respond
within the 15-day period shall be subject to a penalty of
$100 for each day that the response is not provided to the
public office after the 15-day period has expired. The
penalty may be collected in a civil action, which may be
brought against the employer, labor union, or telephone
company in favor of the public office.
(b) Upon being served with a subpoena (including an
administrative subpoena as authorized by law), a utility
company or cable television company must provide location
information to a public office for the purpose of
establishing a child's paternity or establishing, enforcing,
or modifying a child support obligation.
(c) Notwithstanding the provisions of any other State or
local law to the contrary, an employer, labor union,
telephone company, utility company, or cable television
company shall not be liable to any person for disclosure of
location information under the requirements of this Section,
except for willful and wanton misconduct.
Section 99. Effective date. This Act takes effect upon
becoming law.