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90_HB0963
820 ILCS 115/4.5 new
Amends the Wage Payment and Collection Act. Provides
that before employing a person as an employee, an employer
shall ask the person whether he or she currently owes a duty
to pay child support. Provides that if an employer pays
wages in cash to an employee who at the time of payment owes
a duty to pay child support and if that payment of wages in
cash enables the employee to evade his or her duty to pay
child support, then the employer commits a business offense
punishable by a fine equal to 3 times the amount of support
owed by the employee plus the costs of collecting that
support. Provides that upon collecting the fine, the clerk
of the court shall pay the amount of the fine to the
custodial parent or other legal guardian of the child for
whom the employee owed the support, for the benefit of the
child.
LRB9001246DJcd
LRB9001246DJcd
1 AN ACT to amend the Illinois Wage Payment and Collection
2 Act by adding Section 4.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Wage Payment and Collection Act
6 is amended by adding Section 4.5 as follows:
7 (820 ILCS 115/4.5 new)
8 Sec. 4.5. Employee's child support obligation; payment
9 of wages in cash.
10 (a) Before employing a person as an employee, an
11 employer shall ask the person whether he or she currently
12 owes a duty to make payments for the support of a child under
13 an order for support as defined in Section 706.1 of the
14 Illinois Marriage and Dissolution of Marriage Act.
15 (b) If an employer pays wages in cash to an employee who
16 at the time of payment owes a duty to make payments for the
17 support of a child under an order for support as defined in
18 Section 706.1 of the Illinois Marriage and Dissolution of
19 Marriage Act and if that payment of wages in cash enables the
20 employee to evade his or her duty to make payments for the
21 support of a child under that order for support, then the
22 employer commits a business offense by making that payment of
23 wages in cash. Upon conviction of an offense under this
24 subsection, an employer shall be fined (i) an amount equal to
25 3 times the amount of support for which the employee was able
26 to evade payment because of the employer's payment of his or
27 her wages in cash plus (ii) the costs of collecting that
28 support. Upon collecting the fine, the clerk of the court
29 shall pay the amount of the fine to the custodial parent or
30 other legal guardian of the child for whom the employee owed
31 the support, for the benefit of the child.