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1 | AN ACT concerning support.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Horse Racing Act of 1975 is amended | ||||||
5 | by adding Sections 27.2 and 34.2 as follows: | ||||||
6 | (230 ILCS 5/27.2 new) | ||||||
7 | Sec. 27.2. Withholding of delinquent child support. | ||||||
8 | (a) From winnings required to be reported to the Internal | ||||||
9 | Revenue Service and subject to withholding on Form W-2G, | ||||||
10 | organization licensees and advance deposit wagering licensees | ||||||
11 | licensed under this Act shall withhold up to the full amount of | ||||||
12 | winnings necessary to pay the winner's past due child support | ||||||
13 | amount as certified by the Department of Healthcare and Family | ||||||
14 | Services under Section 10-17.15 of the Illinois Public Aid | ||||||
15 | Code. Amounts withheld shall be paid to the Department of | ||||||
16 | Healthcare and Family Services by the organization licensee or | ||||||
17 | the advance deposit wagering licensee, as applicable. | ||||||
18 | (b) For withholding of winnings, the organization licensee | ||||||
19 | or advance deposit wagering licensee shall be entitled to an | ||||||
20 | administrative fee not to exceed the lesser of 4% of the total | ||||||
21 | amount of cash winnings paid to the gambling winner or $150. | ||||||
22 | (c) In no event may the total amount withheld from the cash | ||||||
23 | payout, including the administrative fee, exceed the total cash |
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1 | winnings claimed by the obligor. If the cash payout claimed is | ||||||
2 | greater than the amount sufficient to satisfy the obligor's | ||||||
3 | delinquent child support payments, the organization licensee | ||||||
4 | or advance deposit wagering licensee shall pay the obligor the | ||||||
5 | remaining balance of the payout, less the administrative fee | ||||||
6 | authorized by subsection (b) of this Section, at the time it is | ||||||
7 | claimed. | ||||||
8 | (d) An organization licensee or an advance deposit wagering | ||||||
9 | licensee that in good faith complies with the requirements of | ||||||
10 | this Section shall not be liable to the gaming winner or any | ||||||
11 | other individual or entity. | ||||||
12 | (e) For an organization licensee under this Act, an agent | ||||||
13 | of the Board (such as an employee of the Board) shall be | ||||||
14 | responsible for notifying the person identified as being | ||||||
15 | delinquent in child support payments that the organization | ||||||
16 | licensee is required by law to withhold all or a portion of his | ||||||
17 | or her winnings. This notification must be provided at the time | ||||||
18 | the winnings are withheld. | ||||||
19 | (f) The provisions of this Section shall be operative on | ||||||
20 | and after the date that rules are adopted by the Department of | ||||||
21 | Healthcare and Family Services pursuant to Section 10-17.15 of | ||||||
22 | the Illinois Public Aid Code. | ||||||
23 | (g) The delinquent child support required to be withheld | ||||||
24 | under this Section and the administrative fee under subsection | ||||||
25 | (b) of this Section have priority over any secured or unsecured | ||||||
26 | claim on cash winnings, except claims for federal or State |
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1 | taxes that are required to be withheld under federal or State | ||||||
2 | law. | ||||||
3 | (230 ILCS 5/34.2 new) | ||||||
4 | Sec. 34.2. Withholding of delinquent child support; signs; | ||||||
5 | statement. | ||||||
6 | (a) Each organization licensee shall post signs with a | ||||||
7 | statement regarding withholding of delinquent child support, | ||||||
8 | the text of which shall be determined by rule by the Department | ||||||
9 | of Healthcare and Family Services, at the following locations | ||||||
10 | in each race track at which horse race meetings are conducted | ||||||
11 | by the organization licensee and in each inter-track wagering | ||||||
12 | facility and inter-track wagering location operated by the | ||||||
13 | organization licensee: | ||||||
14 | (1) Each entrance and exit. | ||||||
15 | (2) Near each credit location. | ||||||
16 | The signs shall be provided by the Department of Healthcare | ||||||
17 | and Family Services. | ||||||
18 | (b) Each organization licensee shall print a statement | ||||||
19 | regarding withholding of delinquent child support, the text of | ||||||
20 | which shall be determined by rule by the Department of | ||||||
21 | Healthcare and Family Services, on all official racing programs | ||||||
22 | that the organization licensee provides to the general public. | ||||||
23 | Section 10. The Riverboat Gambling Act is amended by adding | ||||||
24 | Sections 13.05 and 13.2 as follows: |
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1 | (230 ILCS 10/13.05 new) | ||||||
2 | Sec. 13.05. Withholding of delinquent child support. | ||||||
3 | (a) From winnings required to be reported to the Internal | ||||||
4 | Revenue Service on Form W-2G, an owners licensee or a licensee | ||||||
5 | that operates one or more facilities or gaming locations at | ||||||
6 | which lawful gambling is authorized as provided in this Act | ||||||
7 | shall withhold up to the full amount of winnings necessary to | ||||||
8 | pay the winner's past due child support amount as certified by | ||||||
9 | the Department of Healthcare and Family Services under Section | ||||||
10 | 10-17.15 of the Illinois Public Aid Code. Amounts withheld | ||||||
11 | shall be paid to the Department of Healthcare and Family | ||||||
12 | Services by the owners licensee or casino operator licensee, as | ||||||
13 | applicable. | ||||||
14 | (b) For withholding of winnings, the licensee shall be | ||||||
15 | entitled to an administrative fee not to exceed the lesser of | ||||||
16 | 4% of the total amount of cash winnings paid to the gambling | ||||||
17 | winner or $150. | ||||||
18 | (c) In no event may the total amount withheld from the cash | ||||||
19 | payout, including the administrative fee, exceed the total cash | ||||||
20 | winnings claimed by the obligor. If the cash payout claimed is | ||||||
21 | greater than the amount sufficient to satisfy the obligor's | ||||||
22 | delinquent child support payments, the licensee shall pay the | ||||||
23 | obligor the remaining balance of the payout, less the | ||||||
24 | administrative fee authorized by subsection (b) of this | ||||||
25 | Section, at the time it is claimed. |
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1 | (d) A licensee who in good faith complies with the | ||||||
2 | requirements of this Section shall not be liable to the gaming | ||||||
3 | winner or any other individual or entity. | ||||||
4 | (e) Upon request of a licensed owner under this Act, an | ||||||
5 | agent of the Board (such as a gaming special agent employed by | ||||||
6 | the Board, a State police officer, or a revenue agent) shall be | ||||||
7 | responsible for notifying the person identified as being | ||||||
8 | delinquent in child support payments that the licensed owner is | ||||||
9 | required by law to withhold all or a portion of his or her | ||||||
10 | winnings. If given, this notification must be provided at the | ||||||
11 | time the winnings are withheld. | ||||||
12 | (f) The provisions of this Section shall be operative on | ||||||
13 | and after the date that rules are adopted by the Department of | ||||||
14 | Healthcare and Family Services pursuant to Section 10-17.15 of | ||||||
15 | the Illinois Public Aid Code. | ||||||
16 | (g) The delinquent child support required to be withheld | ||||||
17 | under this Section and the administrative fee under subsection | ||||||
18 | (b) of this Section have priority over any secured or unsecured | ||||||
19 | claim on cash winnings, except claims for federal or State | ||||||
20 | taxes that are required to be withheld under federal or State | ||||||
21 | law. | ||||||
22 | (230 ILCS 10/13.2 new) | ||||||
23 | Sec. 13.2. Withholding of delinquent child support; signs; | ||||||
24 | statement. | ||||||
25 | (a) Each licensed owner may post signs with a statement |
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1 | regarding withholding of delinquent child support, the text of | ||||||
2 | which shall be determined by rule by the Department of | ||||||
3 | Healthcare and Family Services, at the following locations in | ||||||
4 | each facility at which gambling is conducted by the licensed | ||||||
5 | owner: | ||||||
6 | (1) Each entrance and exit. | ||||||
7 | (2) Near each credit location. | ||||||
8 | (3) At each cashier's cage. | ||||||
9 | The signs shall be provided by the Department of Healthcare | ||||||
10 | and Family Services. | ||||||
11 | (b) Each licensed owner may print a statement regarding | ||||||
12 | withholding of delinquent child support, the text of which | ||||||
13 | shall be determined by rule by the Department of Healthcare and | ||||||
14 | Family Services, on all paper stock that the license owner | ||||||
15 | provides to the general public. | ||||||
16 | Section 15. The Illinois Public Aid Code is amended by | ||||||
17 | adding Section 10-17.15 as follows: | ||||||
18 | (305 ILCS 5/10-17.15 new) | ||||||
19 | Sec. 10-17.15. Certification of information to State | ||||||
20 | gaming licensees. | ||||||
21 | (a) For purposes of this Section, "State gaming licensee" | ||||||
22 | means, as applicable, an organization licensee or advance | ||||||
23 | deposit wagering licensee licensed under the Illinois Horse | ||||||
24 | Racing Act of 1975, an owners licensee licensed under the |
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1 | Riverboat Gambling Act, or a licensee that operates, under any | ||||||
2 | law of this State, one or more facilities or gaming locations | ||||||
3 | at which lawful gambling is authorized and licensed as provided | ||||||
4 | in the Riverboat Gambling Act. | ||||||
5 | (b) The Department may provide, by rule, for certification | ||||||
6 | to any State gaming licensee of past due child support owed by | ||||||
7 | a responsible relative under a support order entered by a court | ||||||
8 | or administrative body of this or any other State on behalf of | ||||||
9 | a resident or non-resident receiving child support services | ||||||
10 | under this Article in accordance with the requirements of Title | ||||||
11 | IV-D, Part D, of the Social Security Act. The State gaming | ||||||
12 | licensee shall have the ability to withhold from winnings | ||||||
13 | required to be reported to the Internal Revenue Service on Form | ||||||
14 | W-2G, up to the full amount of winnings necessary to pay the | ||||||
15 | winner's past due child support. The rule shall provide for | ||||||
16 | notice to and an opportunity to be heard by each responsible | ||||||
17 | relative affected and any final administrative decision | ||||||
18 | rendered by the Department shall be reviewed only under and in | ||||||
19 | accordance with the Administrative Review Law. | ||||||
20 | (c) For withholding of winnings, the State gaming licensee | ||||||
21 | shall be entitled to an administrative fee not to exceed the | ||||||
22 | lesser of 4% of the total amount of cash winnings paid to the | ||||||
23 | gambling winner or $150. | ||||||
24 | (d) In no event may the total amount withheld from the cash | ||||||
25 | payout, including the administrative fee, exceed the total cash | ||||||
26 | winnings claimed by the obligor. If the cash payout claimed is |
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1 | greater than the amount sufficient to satisfy the obligor's | ||||||
2 | delinquent child support payments, the State gaming licensee | ||||||
3 | shall pay the obligor the remaining balance of the payout, less | ||||||
4 | the administrative fee authorized by subsection (c) of this | ||||||
5 | Section, at the time it is claimed. | ||||||
6 | (e) A State gaming licensee who in good faith complies with | ||||||
7 | the requirements of this Section shall not be liable to the | ||||||
8 | gaming winner or any other individual or entity.
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9 | Section 99. Effective date. This Act takes effect July 1, | ||||||
10 | 2013. |