[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB2271
305 ILCS 5/10-24 new
Amends the Illinois Public Aid Code. Requires the
Department of Public Aid to establish, no later then October
1, 1998, an automated directory containing identifying
information, submitted by the employer, for each new employee
hired in the State. Provides that the directory shall be
used to facilitate the enforcement, collection, and
disbursement of child support payments, and assist in
tracking child support obligors. States that the directory
shall be known as the State Directory of New Hires. Provides
for sharing information with other State agencies for the
purpose of collecting other debts owed to the State.
LRB9004202SMmb
LRB9004202SMmb
1 AN ACT to amend the Illinois Public Aid Code by adding
2 Section 10-24.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 adding Section 10-24 as follows:
7 (305 ILCS 5/10-24 new)
8 Sec. 10-24. State Directory of New Hires.
9 (a) General. The Department of Public Aid shall
10 establish, no later than October 1, 1998, an automated
11 directory containing identifying information, submitted by
12 the employer, for each new employee hired in the State. The
13 directory shall be used to facilitate the enforcement,
14 collection, and disbursement of child support payments. This
15 directory shall be known as the State Directory of New Hires.
16 (b) Definitions. As used in this Section:
17 "Employee" means an individual who is an employee within
18 the meaning of Chapter 24 of the Internal Revenue Code of
19 1986.
20 "Employer" means an individual or entity who is an
21 employer within the meaning of subsection (d) of Section 3401
22 of the Internal Revenue Code of 1986.
23 (c) Employer information and reporting requirements.
24 Each employer shall furnish to the Directory a report
25 containing the name, address, and Social Security number of
26 the employee and the name, address, and identifying number
27 assigned to the employer under Section 6109 of the Internal
28 Revenue Code of 1986. The report shall be submitted (i) no
29 later than 20 days after the date the employer hires the
30 employee or (ii) if the employer is transmitting reports
31 magnetically or electronically, by 2 monthly transmissions
-2- LRB9004202SMmb
1 (if necessary) not less than 12 days nor more than 16 days
2 apart. The report shall be made on a W-4 form or, at the
3 option of the employer, an equivalent form. The report may
4 be transmitted by first-class mail, magnetically, or
5 electronically.
6 (d) Reporting support obligations. In addition to the
7 information the employer is required to report under
8 subsection (c), the employer shall also report whether or not
9 each new employee hired has an existing child support
10 obligation, as reported to the employer by the newly hired
11 employee.
12 (e) Penalties. The failure to comply with subsection
13 (c) may result in a civil monetary penalty of (i) $25 per
14 employee not reported or (ii) $500 per employee if the
15 failure to report is the result of a conspiracy between the
16 employer and employee to not supply the required report or to
17 supply a false or incomplete report. An employee who violates
18 subsection (c-5) by failing to report a child support
19 obligation to an employer is guilty of a Class A misdemeanor.
20 An employer who violates subsection (c-5) by failing to
21 notify the Directory of a child support obligation of an
22 employee or by filing false information regarding a child
23 support obligation of an employee with the Directory is
24 guilty of a Class A misdemeanor.
25 (f) Entry of information. The information submitted
26 under subsection (c) shall be entered into the Directory
27 within 5 business days after receipt from the employer.
28 (g) Transmission of information to the employer. Within
29 2 business days after the date information is entered into
30 the Directory under subsection (e), the Illinois Department
31 shall transmit a notice to the employer to withhold from the
32 wages of the employee an amount equal to the monthly child
33 support obligation, including any past due support
34 obligation, of the employee if the employee's wages are
-3- LRB9004202SMmb
1 subject to withholding under Section 10-16.2 of this Code,
2 Section 706.1 of the Illinois Marriage and Dissolution of
3 Marriage Act, Section 4.1 of the Non-Support of Spouse and
4 Children Act, Section 26.1 of the Revised Uniform Reciprocal
5 Enforcement of Support Act, or Section 20 of the Illinois
6 Parentage Act of 1984.
7 (h) Transmission of information to the National
8 Directory of New Hires. Within 3 business days after the
9 date information regarding newly hired employees is entered
10 into the State Directory, the Directory shall furnish the
11 information to the National Directory of New Hires.
12 (i) Sharing information with other State agencies. For
13 the purpose of collecting other debts owed to the State of
14 Illinois (including, but not limited to, any taxes owed to
15 the State), the Illinois Department shall share with other
16 State agencies the information regarding newly hired
17 employees that is entered into the State Directory.