093_HB0016eng

 
HB0016 Engrossed                     LRB093 02284 DRJ 02292 b

 1        AN ACT regarding child support.

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

 4        Section  5.  The  Illinois  Public Aid Code is amended by
 5    changing Section 10-3.3 as follows:

 6        (305 ILCS 5/10-3.3)
 7        Sec.  10-3.3.  Locating  support  obligor   and   others;
 8    penalties.
 9        (a)  Upon  request  by the Child and Spouse Support Unit,
10    may request and receive from  employers,  labor  unions,  and
11    telephone  companies  shall  provide,  and  utility companies
12    location  information   concerning   putative   fathers   and
13    noncustodial  parents  for  the  purpose  of  establishing  a
14    child's  paternity or establishing, enforcing, or modifying a
15    child  support  obligation.   In  this   Section,   "location
16    information"   means   information  about  (i)  the  physical
17    whereabouts of a putative father or noncustodial parent, (ii)
18    the putative father or  noncustodial  parent's  employer,  or
19    (iii)  the salary, wages, and other compensation paid and the
20    health insurance coverage provided to the putative father  or
21    noncustodial parent by the employer of the putative father or
22    noncustodial parent or by a labor union of which the putative
23    father or noncustodial parent is a member.
24        An  The  employer,  of  a putative father or noncustodial
25    parent or the labor union, or telephone company of which  the
26    putative  father  or  noncustodial  parent  is a member shall
27    respond to the request of the Child and Spouse  Support  Unit
28    within  15  days  after receiving the employer or labor union
29    receives the request.   Any  employer,  or  labor  union,  or
30    telephone  company  that  willfully  fails  to  fully respond
31    within the 15-day period shall be subject  to  a  penalty  of
 
HB0016 Engrossed            -2-      LRB093 02284 DRJ 02292 b
 1    $100  for  each  day that the response is not provided to the
 2    Illinois Department after the 15-day period has expired.  The
 3    penalty may be collected in a  civil  action,  which  may  be
 4    brought  against  the  employer, or labor union, or telephone
 5    company in favor of the Illinois Department.
 6        (b)  Upon being served with an administrative subpoena as
 7    authorized under  this  Code,  a  utility  company  or  cable
 8    television  company  must provide location information to the
 9    Child and Spouse Support Unit for the purpose of establishing
10    a child's paternity or establishing, enforcing, or  modifying
11    a  child  support  obligation.  Pursuant to an administrative
12    subpoena as authorized under this Code, the Child and  Spouse
13    Support  Unit  may request and receive from utility companies
14    and   cable   television   companies   location   information
15    concerning individuals who owe or are owed support or against
16    whom or with respect to whom a support obligation is sought.
17        (c)  Notwithstanding the provisions of any other State or
18    local  law  to  the  contrary,  an  employer,  labor   union,
19    telephone  company,  utility  company,  or  cable  television
20    company  shall  not be liable to any person for disclosure of
21    location information under the requirements of this Section.
22    (Source: P.A. 89-395, eff. 1-1-96; 90-18, eff. 7-1-97.)

23        Section 10.  The Illinois  Marriage  and  Dissolution  of
24    Marriage Act is amended by adding Section 714 as follows:

25        (750 ILCS 5/714 new)
26        Sec.  714.  Information  to  locate  putative fathers and
27    noncustodial parents.
28        (a)  Upon request by a public  office,  employers,  labor
29    unions,   and  telephone  companies  shall  provide  location
30    information  concerning  putative  fathers  and  noncustodial
31    parents for the purpose of establishing a  child's  paternity
32    or  establishing,  enforcing,  or  modifying  a child support
 
HB0016 Engrossed            -3-      LRB093 02284 DRJ 02292 b
 1    obligation. The term "public office" is defined as set  forth
 2    in  the  Income Withholding for Support Act. In this Section,
 3    "location  information"  means  information  about  (i)   the
 4    physical  whereabouts  of  a  putative father or noncustodial
 5    parent,  (ii)  the  employer  of  the  putative   father   or
 6    noncustodial  parent,  or  (iii) the salary, wages, and other
 7    compensation paid and the health insurance coverage  provided
 8    to the putative father or noncustodial parent by the employer
 9    of  the  putative father or noncustodial parent or by a labor
10    union of which the putative father or noncustodial parent  is
11    a  member.  An  employer,  labor  union, or telephone company
12    shall respond to the request of the public office  within  15
13    days  after receiving the request. Any employer, labor union,
14    or telephone company that willfully fails  to  fully  respond
15    within  the  15-day  period  shall be subject to a penalty of
16    $100 for each day that the response is not  provided  to  the
17    public  office  after  the  15-day  period  has  expired. The
18    penalty may be collected in a  civil  action,  which  may  be
19    brought  against  the  employer,  labor  union,  or telephone
20    company in favor of the public office.
21        (b)  Upon being served  with  a  subpoena  (including  an
22    administrative  subpoena  as  authorized  by  law), a utility
23    company or cable television  company  must  provide  location
24    information   to   a   public   office  for  the  purpose  of
25    establishing a child's paternity or establishing,  enforcing,
26    or modifying a child support obligation.
27        (c)  Notwithstanding the provisions of any other State or
28    local   law  to  the  contrary,  an  employer,  labor  union,
29    telephone  company,  utility  company,  or  cable  television
30    company shall not be liable to any person for  disclosure  of
31    location information under the requirements of this Section.

32        Section 15.  The Non-Support Punishment Act is amended by
33    adding Section 33 as follows:
 
HB0016 Engrossed            -4-      LRB093 02284 DRJ 02292 b
 1        (750 ILCS 16/33 new)
 2        Sec.  33.  Information  to  locate  putative  fathers and
 3    noncustodial parents.
 4        (a)  Upon request by a public  office,  employers,  labor
 5    unions,   and  telephone  companies  shall  provide  location
 6    information  concerning  putative  fathers  and  noncustodial
 7    parents for the purpose of establishing a  child's  paternity
 8    or  establishing,  enforcing,  or  modifying  a child support
 9    obligation. The term "public office" is defined as set  forth
10    in  the  Income Withholding for Support Act. In this Section,
11    "location  information"  means  information  about  (i)   the
12    physical  whereabouts  of  a  putative father or noncustodial
13    parent,  (ii)  the  employer  of  the  putative   father   or
14    noncustodial  parent,  or  (iii) the salary, wages, and other
15    compensation paid and the health insurance coverage  provided
16    to the putative father or noncustodial parent by the employer
17    of  the  putative father or noncustodial parent or by a labor
18    union of which the putative father or noncustodial parent  is
19    a  member.  An  employer,  labor  union, or telephone company
20    shall respond to the request of the public office  within  15
21    days  after receiving the request. Any employer, labor union,
22    or telephone company that willfully fails  to  fully  respond
23    within  the  15-day  period  shall be subject to a penalty of
24    $100 for each day that the response is not  provided  to  the
25    public  office  after  the  15-day  period  has  expired. The
26    penalty may be collected in a  civil  action,  which  may  be
27    brought  against  the  employer,  labor  union,  or telephone
28    company in favor of the public office.
29        (b)  Upon being served  with  a  subpoena  (including  an
30    administrative  subpoena  as  authorized  by  law), a utility
31    company or cable television  company  must  provide  location
32    information   to   a   public   office  for  the  purpose  of
33    establishing a child's paternity or establishing,  enforcing,
34    or modifying a child support obligation.
 
HB0016 Engrossed            -5-      LRB093 02284 DRJ 02292 b
 1        (c)  Notwithstanding the provisions of any other State or
 2    local   law  to  the  contrary,  an  employer,  labor  union,
 3    telephone  company,  utility  company,  or  cable  television
 4    company shall not be liable to any person for  disclosure  of
 5    location information under the requirements of this Section.

 6        Section  20.  The  Illinois  Parentage  Act  of  1984  is
 7    amended by adding Section 14.5 as follows:

 8        (750 ILCS 45/14.5 new)
 9        Sec.  14.5.  Information  to  locate putative fathers and
10    noncustodial parents.
11        (a)  Upon request by a public  office,  employers,  labor
12    unions,   and  telephone  companies  shall  provide  location
13    information  concerning  putative  fathers  and  noncustodial
14    parents for the purpose of establishing a  child's  paternity
15    or  establishing,  enforcing,  or  modifying  a child support
16    obligation. The term "public office" is defined as set  forth
17    in  the  Income Withholding for Support Act. In this Section,
18    "location  information"  means  information  about  (i)   the
19    physical  whereabouts  of  a  putative father or noncustodial
20    parent,  (ii)  the  employer  of  the  putative   father   or
21    noncustodial  parent,  or  (iii) the salary, wages, and other
22    compensation paid and the health insurance coverage  provided
23    to the putative father or noncustodial parent by the employer
24    of  the  putative father or noncustodial parent or by a labor
25    union of which the putative father or noncustodial parent  is
26    a  member.    An  employer, labor union, or telephone company
27    shall respond to the request of the public office  within  15
28    days  after receiving the request. Any employer, labor union,
29    or telephone company that willfully fails  to  fully  respond
30    within  the  15-day  period  shall be subject to a penalty of
31    $100 for each day that the response is not  provided  to  the
32    public  office  after  the  15-day  period  has  expired. The
 
HB0016 Engrossed            -6-      LRB093 02284 DRJ 02292 b
 1    penalty may be collected in a  civil  action,  which  may  be
 2    brought  against  the  employer,  labor  union,  or telephone
 3    company in favor of the public office.
 4        (b)  Upon being served  with  a  subpoena  (including  an
 5    administrative  subpoena  as  authorized  by  law), a utility
 6    company or cable television  company  must  provide  location
 7    information   to   a   public   office  for  the  purpose  of
 8    establishing a child's paternity or establishing,  enforcing,
 9    or modifying a child support obligation.
10        (c)  Notwithstanding the provisions of any other State or
11    local   law  to  the  contrary,  an  employer,  labor  union,
12    telephone  company,  utility  company,  or  cable  television
13    company shall not be liable to any person for  disclosure  of
14    location information under the requirements of this Section.

15        Section  99.  Effective date.  This Act takes effect upon
16    becoming law.