Illinois General Assembly - Full Text of HB2812
Illinois General Assembly

Previous General Assemblies

Full Text of HB2812  100th General Assembly




HB2812 EnrolledLRB100 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



HB2812 Enrolled- 2 -LRB100 06426 KTG 16465 b

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



HB2812 Enrolled- 3 -LRB100 06426 KTG 16465 b

1cable television company shall not be liable to any person for
2disclosure of location information under the requirements of
3this Section, except for willful and wanton misconduct.
4(Source: P.A. 93-116, eff. 7-10-03.)