Full Text of HB2812 100th General Assembly
HB2812 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2812 Introduced , by Rep. Norine K. Hammond SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Public Aid Code. Adds cellular telephone companies to the list of persons and entities that are required to provide, upon
request by the Child and Spouse Support Unit, 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. Provides that a cellular telephone company shall respond to
a request for location information within 15 days after
receiving the request or be subject to a specified penalty. Provides that a cellular telephone company shall
not be liable to any person for disclosure of location information as required, except for willful and wanton misconduct. Defines "cellular telephone company". Makes changes to the definition of "location information".
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning public aid.
| 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 | | employers, labor
unions, cellular telephone companies, and | 11 | | telephone companies shall
provide
location information | 12 | | concerning putative fathers and noncustodial parents for
the | 13 | | purpose of establishing a child's paternity or establishing, | 14 | | enforcing, or
modifying a child support obligation. In this | 15 | | Section, "location information"
means information about (i) | 16 | | the physical whereabouts , including, but not limited to, the | 17 | | home address, home telephone number, cellular telephone | 18 | | number, and e-mail address of a putative father or
noncustodial | 19 | | parent, (ii) the putative father or noncustodial parent's
| 20 | | employer, or
(iii) the salary, wages, and other
compensation | 21 | | paid and the health insurance coverage provided to the putative
| 22 | | father or noncustodial parent by the employer of the putative | 23 | | father or
noncustodial parent
or by a labor union of which the |
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| 1 | | putative father or noncustodial parent is a
member. As used in | 2 | | this Section, "cellular telephone company" includes a cellular | 3 | | telephone or wireless carrier or provider.
| 4 | | An employer, labor union, cellular telephone company, or | 5 | | telephone company shall respond to
the request of the Child and | 6 | | Spouse Support Unit within 15 days after
receiving the request. | 7 | | Any
employer, labor union, cellular telephone company, or | 8 | | telephone company that
willfully fails to fully respond within | 9 | | the 15-day period shall be subject to a
penalty of $100 for | 10 | | each day that the response is not provided to the Illinois
| 11 | | Department after the 15-day period has expired. The penalty may | 12 | | be collected
in a civil action, which may be brought against | 13 | | the employer, labor
union, cellular telephone company, or | 14 | | telephone company in
favor of the Illinois Department.
| 15 | | (b) Upon being served with an administrative subpoena as | 16 | | authorized under
this
Code, a utility
company or cable | 17 | | television company must provide location information to the
| 18 | | Child and Spouse
Support Unit for the purpose of establishing a | 19 | | child's paternity or
establishing, enforcing, or
modifying a | 20 | | child support obligation.
| 21 | | (c) Notwithstanding the provisions of any other State or | 22 | | local law to the
contrary, an
employer, labor union, cellular | 23 | | telephone company, telephone company, utility company, or | 24 | | cable television
company shall
not be liable to any person for | 25 | | disclosure of location information under the
requirements of | 26 | | this
Section, except for willful and wanton misconduct.
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| 1 | | (Source: P.A. 93-116, eff. 7-10-03.)
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