HB2812 EngrossedLRB100 06426 KTG 16465 b

1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 10-3.3 as follows:
6    (305 ILCS 5/10-3.3)
7    Sec. 10-3.3. Locating support obligor and others;
9    (a) Upon request by the Child and Spouse Support Unit,
10employers, labor unions, cellular telephone companies, and
11telephone companies shall provide location information
12concerning putative fathers and noncustodial parents for the
13purpose of establishing a child's paternity or establishing,
14enforcing, or modifying a child support obligation. In this
15Section, "location information" means information about (i)
16the physical whereabouts, including, but not limited to, the
17home address, home telephone number, cellular telephone
18number, and e-mail address of a putative father or noncustodial
19parent, (ii) the putative father or noncustodial parent's
20employer, or (iii) the salary, wages, and other compensation
21paid and the health insurance coverage provided to the putative
22father or noncustodial parent by the employer of the putative
23father or noncustodial parent or by a labor union of which the



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1putative father or noncustodial parent is a member. As used in
2this Section, "cellular telephone company" includes a cellular
3telephone or wireless carrier or provider.
4    An employer, labor union, cellular telephone company, or
5telephone company shall respond to the request of the Child and
6Spouse Support Unit within 15 days after receiving the request.
7Any employer, labor union, cellular telephone company, or
8telephone company that willfully fails to fully respond within
9the 15-day period shall be subject to a penalty of $100 for
10each day that the response is not provided to the Illinois
11Department after the 15-day period has expired. The penalty may
12be collected in a civil action, which may be brought against
13the employer, labor union, cellular telephone company, or
14telephone company in favor of the Illinois Department.
15    (b) Upon being served with an administrative subpoena as
16authorized under this Code, a utility company or cable
17television company must provide location information to the
18Child and Spouse Support Unit for the purpose of establishing a
19child's paternity or establishing, enforcing, or modifying a
20child support obligation.
21    (c) Notwithstanding the provisions of any other State or
22local law to the contrary, an employer, labor union, cellular
23telephone company, telephone company, utility company, or
24cable television company shall not be liable to any person for
25disclosure of location information under the requirements of
26this Section, except for willful and wanton misconduct.



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1(Source: P.A. 93-116, eff. 7-10-03.)