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305 ILCS 5/10-3.3
(305 ILCS 5/10-3.3)
Sec. 10-3.3. Locating support obligor and others; penalties.
(a) Upon request by the Child and Spouse Support Unit, employers, labor
unions, cellular telephone companies, and telephone companies shall
provide
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. In this Section, "location information"
means information about (i) the physical whereabouts, including, but not limited to, the home address, home telephone number, cellular telephone number, and e-mail address of a putative father or
noncustodial parent, (ii) the putative father or noncustodial parent's
employer, or
(iii) the salary, wages, and other
compensation paid and the health insurance coverage provided to the putative
father or noncustodial parent by the employer of the putative father or
noncustodial parent
or by a labor union of which the putative father or noncustodial parent is a
member. As used in this Section, "cellular telephone company" includes a cellular telephone or wireless carrier or provider, but does not include a pre-paid wireless carrier or provider. As used in this Section, "physical whereabouts" does not include real time or historical location tracking information.
An employer, labor union, cellular telephone company, or telephone company shall respond to
the request of the Child and Spouse Support Unit within 15 days after
receiving the request. Any
employer, labor union, cellular telephone company, or telephone company that
willfully fails to fully respond within the 15-day period shall be subject to a
penalty of $100 for each day that the response is not provided to the Illinois
Department after the 15-day period has expired. The penalty may be collected
in a civil action, which may be brought against the employer, labor
union, cellular telephone company, or telephone company in
favor of the Illinois Department.
(b) Upon being served with an administrative subpoena as authorized under
this
Code, a utility
company or cable television company must provide location information to the
Child and Spouse
Support Unit for the purpose of establishing a child's paternity or
establishing, enforcing, or
modifying a child support obligation.
(c) Notwithstanding the provisions of any other State or local law to the
contrary, an
employer, labor union, cellular telephone company, telephone company, utility company, or cable television
company shall
not be liable to any person for disclosure of location information under the
requirements of this
Section, except for willful and wanton misconduct.
(Source: P.A. 100-487, eff. 6-1-18.)
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