Rep. David Harris
Filed: 4/11/2013
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| 1 | AMENDMENT TO HOUSE BILL 2843
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| 2 | AMENDMENT NO. ______. Amend House Bill 2843 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Illinois Horse Racing Act of 1975 is | ||||||
| 5 | amended 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 | ||||||
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| 1 | the advance deposit wagering licensee, as applicable. | ||||||
| 2 | (b) For withholding of winnings, the organization licensee | ||||||
| 3 | or advance deposit wagering licensee shall be entitled to an | ||||||
| 4 | administrative fee not to exceed the lesser of 4% of the total | ||||||
| 5 | amount of cash winnings paid to the gambling winner or $150. | ||||||
| 6 | (c) In no event may the total amount withheld from the cash | ||||||
| 7 | payout, including the administrative fee, exceed the total cash | ||||||
| 8 | winnings claimed by the obligor. If the cash payout claimed is | ||||||
| 9 | greater than the amount sufficient to satisfy the obligor's | ||||||
| 10 | delinquent child support payments, the organization licensee | ||||||
| 11 | or advance deposit wagering licensee shall pay the obligor the | ||||||
| 12 | remaining balance of the payout, less the administrative fee | ||||||
| 13 | authorized by subsection (b) of this Section, at the time it is | ||||||
| 14 | claimed. | ||||||
| 15 | (d) An organization licensee or an advance deposit wagering | ||||||
| 16 | licensee that in good faith complies with the requirements of | ||||||
| 17 | this Section shall not be liable to the gaming winner or any | ||||||
| 18 | other individual or entity. | ||||||
| 19 | (e) For an organization licensee under this Act, an agent | ||||||
| 20 | of the Board (such as an employee of the Board) shall be | ||||||
| 21 | responsible for notifying the person identified as being | ||||||
| 22 | delinquent in child support payments that the organization | ||||||
| 23 | licensee is required by law to withhold all or a portion of his | ||||||
| 24 | or her winnings. This notification must be provided at the time | ||||||
| 25 | the winnings are withheld. | ||||||
| 26 | (f) The provisions of this Section shall be operative on | ||||||
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| 1 | and after the date that rules are adopted by the Department of | ||||||
| 2 | Healthcare and Family Services pursuant to Section 10-17.15 of | ||||||
| 3 | the Illinois Public Aid Code. | ||||||
| 4 | (g) The delinquent child support required to be withheld | ||||||
| 5 | under this Section and the administrative fee under subsection | ||||||
| 6 | (b) of this Section have priority over any secured or unsecured | ||||||
| 7 | claim on cash winnings, except claims for federal or State | ||||||
| 8 | taxes that are required to be withheld under federal or State | ||||||
| 9 | law. | ||||||
| 10 | (230 ILCS 5/34.2 new) | ||||||
| 11 | Sec. 34.2. Withholding of delinquent child support; signs; | ||||||
| 12 | statement. | ||||||
| 13 | (a) Each organization licensee shall post signs with a | ||||||
| 14 | statement regarding withholding of delinquent child support, | ||||||
| 15 | the text of which shall be determined by rule by the Department | ||||||
| 16 | of Healthcare and Family Services, at the following locations | ||||||
| 17 | in each race track at which horse race meetings are conducted | ||||||
| 18 | by the organization licensee and in each inter-track wagering | ||||||
| 19 | facility and inter-track wagering location operated by the | ||||||
| 20 | organization licensee: | ||||||
| 21 | (1) Each entrance and exit. | ||||||
| 22 | (2) Near each credit location. | ||||||
| 23 | The signs shall be provided by the Department of Healthcare | ||||||
| 24 | and Family Services. | ||||||
| 25 | (b) Each organization licensee shall print 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, on all official racing programs | ||||||
| 4 | that the organization licensee provides to the general public. | ||||||
| 5 | Section 10. The Riverboat Gambling Act is amended by adding | ||||||
| 6 | Sections 13.05 and 13.2 as follows: | ||||||
| 7 | (230 ILCS 10/13.05 new) | ||||||
| 8 | Sec. 13.05. Withholding of delinquent child support. | ||||||
| 9 | (a) From winnings required to be reported to the Internal | ||||||
| 10 | Revenue Service on Form W-2G, an owners licensee or a licensee | ||||||
| 11 | that operates one or more facilities or gaming locations at | ||||||
| 12 | which lawful gambling is authorized as provided in this Act | ||||||
| 13 | shall withhold up to the full amount of winnings necessary to | ||||||
| 14 | pay the winner's past due child support amount as certified by | ||||||
| 15 | the Department of Healthcare and Family Services under Section | ||||||
| 16 | 10-17.15 of the Illinois Public Aid Code. Amounts withheld | ||||||
| 17 | shall be paid to the Department of Healthcare and Family | ||||||
| 18 | Services by the owners licensee or casino operator licensee, as | ||||||
| 19 | applicable. | ||||||
| 20 | (b) For withholding of winnings, the licensee shall be | ||||||
| 21 | entitled to an administrative fee not to exceed the lesser of | ||||||
| 22 | 4% of the total amount of cash winnings paid to the gambling | ||||||
| 23 | winner or $150. | ||||||
| 24 | (c) In no event may the total amount withheld from the cash | ||||||
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| 1 | payout, including the administrative fee, exceed the total cash | ||||||
| 2 | winnings claimed by the obligor. If the cash payout claimed is | ||||||
| 3 | greater than the amount sufficient to satisfy the obligor's | ||||||
| 4 | delinquent child support payments, the licensee shall pay the | ||||||
| 5 | obligor the remaining balance of the payout, less the | ||||||
| 6 | administrative fee authorized by subsection (b) of this | ||||||
| 7 | Section, at the time it is claimed. | ||||||
| 8 | (d) A licensee who in good faith complies with the | ||||||
| 9 | requirements of this Section shall not be liable to the gaming | ||||||
| 10 | winner or any other individual or entity. | ||||||
| 11 | (e) Upon request of a licensed owner under this Act, an | ||||||
| 12 | agent of the Board (such as a gaming special agent employed by | ||||||
| 13 | the Board, a State police officer, or a revenue agent) shall be | ||||||
| 14 | responsible for notifying the person identified as being | ||||||
| 15 | delinquent in child support payments that the licensed owner is | ||||||
| 16 | required by law to withhold all or a portion of his or her | ||||||
| 17 | winnings. If given, this notification must be provided at the | ||||||
| 18 | time 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 10/13.2 new) | ||||||
| 4 | Sec. 13.2. Withholding of delinquent child support; signs; | ||||||
| 5 | statement. | ||||||
| 6 | (a) Each licensed owner may post signs with a statement | ||||||
| 7 | regarding withholding of delinquent child support, the text of | ||||||
| 8 | which shall be determined by rule by the Department of | ||||||
| 9 | Healthcare and Family Services, at the following locations in | ||||||
| 10 | each facility at which gambling is conducted by the licensed | ||||||
| 11 | owner: | ||||||
| 12 | (1) Each entrance and exit. | ||||||
| 13 | (2) Near each credit location. | ||||||
| 14 | (3) At each cashier's cage. | ||||||
| 15 | The signs shall be provided by the Department of Healthcare | ||||||
| 16 | and Family Services. | ||||||
| 17 | (b) Each licensed owner may print a statement regarding | ||||||
| 18 | withholding of delinquent child support, the text of which | ||||||
| 19 | shall be determined by rule by the Department of Healthcare and | ||||||
| 20 | Family Services, on all paper stock that the license owner | ||||||
| 21 | provides to the general public. | ||||||
| 22 | Section 15. The Illinois Public Aid Code is amended by | ||||||
| 23 | adding Section 10-17.15 as follows: | ||||||
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| 1 | (305 ILCS 5/10-17.15 new) | ||||||
| 2 | Sec. 10-17.15. Certification of information to State | ||||||
| 3 | gaming licensees. | ||||||
| 4 | (a) For purposes of this Section, "State gaming licensee" | ||||||
| 5 | means, as applicable, an organization licensee or advance | ||||||
| 6 | deposit wagering licensee licensed under the Illinois Horse | ||||||
| 7 | Racing Act of 1975, an owners licensee licensed under the | ||||||
| 8 | Riverboat Gambling Act, or a licensee that operates, under any | ||||||
| 9 | law of this State, one or more facilities or gaming locations | ||||||
| 10 | at which lawful gambling is authorized and licensed as provided | ||||||
| 11 | in the Riverboat Gambling Act. | ||||||
| 12 | (b) The Department may provide, by rule, for certification | ||||||
| 13 | to any State gaming licensee of past due child support owed by | ||||||
| 14 | a responsible relative under a support order entered by a court | ||||||
| 15 | or administrative body of this or any other State on behalf of | ||||||
| 16 | a resident or non-resident receiving child support services | ||||||
| 17 | under this Article in accordance with the requirements of Title | ||||||
| 18 | IV-D, Part D, of the Social Security Act. The State gaming | ||||||
| 19 | licensee shall have the ability to withhold from winnings | ||||||
| 20 | required to be reported to the Internal Revenue Service on Form | ||||||
| 21 | W-2G, up to the full amount of winnings necessary to pay the | ||||||
| 22 | winner's past due child support. The rule shall provide for | ||||||
| 23 | notice to and an opportunity to be heard by each responsible | ||||||
| 24 | relative affected and any final administrative decision | ||||||
| 25 | rendered by the Department shall be reviewed only under and in | ||||||
| 26 | accordance with the Administrative Review Law. | ||||||
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| 1 | (c) For withholding of winnings, the State gaming licensee | ||||||
| 2 | shall be entitled to an administrative fee not to exceed the | ||||||
| 3 | lesser of 4% of the total amount of cash winnings paid to the | ||||||
| 4 | gambling winner or $150. | ||||||
| 5 | (d) In no event may the total amount withheld from the cash | ||||||
| 6 | payout, including the administrative fee, exceed the total cash | ||||||
| 7 | winnings claimed by the obligor. If the cash payout claimed is | ||||||
| 8 | greater than the amount sufficient to satisfy the obligor's | ||||||
| 9 | delinquent child support payments, the State gaming licensee | ||||||
| 10 | shall pay the obligor the remaining balance of the payout, less | ||||||
| 11 | the administrative fee authorized by subsection (c) of this | ||||||
| 12 | Section, at the time it is claimed. | ||||||
| 13 | (e) A State gaming licensee who in good faith complies with | ||||||
| 14 | the requirements of this Section shall not be liable to the | ||||||
| 15 | gaming winner or any other individual or entity.
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| 16 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 17 | 2013.".
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