State of Illinois
91st General Assembly
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91_SB0019enr

 
SB19 Enrolled                                 LRB9100065SMdvA

 1        AN ACT regarding child support enforcement.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Non-Support Punishment Act.

 6        Section   5.    Prosecutions  by  State's  Attorneys.   A
 7    proceeding for enforcement of this Act may be instituted  and
 8    prosecuted  by  the  several  State's Attorneys only upon the
 9    filing of a verified  complaint  by  the  person  or  persons
10    receiving child or spousal support.

11        Section   7.    Prosecutions  by  Attorney  General.   In
12    addition to enforcement proceedings by  the  several  State's
13    Attorneys,  a  proceeding for the enforcement of this Act may
14    be instituted and prosecuted  by  the  Attorney  General   in
15    cases  referred  by  the  Illinois  Department  of Public Aid
16    involving persons receiving child and spouse support services
17    under Article X of the  Illinois  Public  Aid  Code.   Before
18    referring  a  case  to  the  Attorney General for enforcement
19    under this Act, the Department of Public Aid shall notify the
20    person receiving child  and  spouse  support  services  under
21    Article X of the Illinois Public Aid Code of the Department's
22    intent  to  refer the case to the Attorney General under this
23    Section for prosecution.

24        Section 10.  Proceedings.  Proceedings under this Act may
25    be by indictment or information. No proceeding may be brought
26    under  Section  15  against   a   person   whose   court   or
27    administrative  order  for  support  was  entered by default,
28    unless the indictment  or  information  specifically  alleges
29    that  the  person has knowledge of the existence of the order
 
SB19 Enrolled              -2-                LRB9100065SMdvA
 1    for support and that the person has the ability  to  pay  the
 2    support.

 3        Section 15.  Failure to support.
 4        (a)  A  person  commits the offense of failure to support
 5    when he or she:
 6             (1)  willfully, without any lawful  excuse,  refuses
 7        to  provide  for the support or maintenance of his or her
 8        spouse, with the knowledge that the spouse is in need  of
 9        such  support  or maintenance, or, without lawful excuse,
10        deserts or willfully refuses to provide for  the  support
11        or  maintenance of his or her child or children under the
12        age of 18 years, in need of support  or  maintenance  and
13        the person has the ability to provide the support; or
14             (2)  willfully  fails  to  pay  a support obligation
15        required  under  a  court  or  administrative  order  for
16        support, if the obligation  has  remained  unpaid  for  a
17        period  longer  than  6  months,  or  is in arrears in an
18        amount greater  than  $5,000,  and  the  person  has  the
19        ability to provide the support; or
20             (3)  leaves  the  State  with  the intent to evade a
21        support   obligation   required   under   a   court    or
22        administrative  order  for  support,  if  the obligation,
23        regardless of when it accrued, has remained unpaid for  a
24        period  longer  than  6  months,  or  is in arrears in an
25        amount greater than $10,000; or
26             (4) willfully fails  to  pay  a  support  obligation
27        required  under  a  court  or  administrative  order  for
28        support,  if  the  obligation  has  remained unpaid for a
29        period longer than one year,  or  is  in  arrears  in  an
30        amount  greater  than  $20,000,  and  the  person has the
31        ability to provide the support.
32        (a-5)  Presumption  of  ability  to  pay  support.    The
33    existence  of a court or administrative order of support that
 
SB19 Enrolled              -3-                LRB9100065SMdvA
 1    was not based on a default judgment and was in effect for the
 2    time period charged in the indictment or information  creates
 3    a  rebuttable presumption that the obligor has the ability to
 4    pay the support obligation for that time period.
 5        (b)  Sentence.  A person convicted  of  a  first  offense
 6    under  subdivision  (a)(1)  or  (a)(2) is guilty of a Class A
 7    misdemeanor.   A  person  convicted  of  an   offense   under
 8    subdivision  (a)(3)  or  (a)(4)  or  a  second  or subsequent
 9    offense under subdivision (a)(1) or (a)(2)  is  guilty  of  a
10    Class 4 felony.
11        (c)  Expungement.   A person convicted of a first offense
12    under subdivision (a)(1) or (a)(2) who is  eligible  for  the
13    Earnfare  program,  shall, in lieu of the sentence prescribed
14    in subsection (b), be referred to the Earnfare program.  Upon
15    certification of completion  of  the  Earnfare  program,  the
16    conviction  shall  be  expunged.   If  the  person  fails  to
17    successfully  complete  the Earnfare program, he or she shall
18    be sentenced in accordance with subsection (b).
19        (d)  Fine.   Sentences  of  imprisonment  and  fines  for
20    offenses committed under this Act shall be as provided  under
21    Articles  8  and  9  of  Chapter  V  of  the  Unified Code of
22    Corrections, except that the court shall order restitution of
23    all unpaid support payments  and  may  impose  the  following
24    fines,  alone,  or  in addition to a sentence of imprisonment
25    under the following circumstances:
26             (1) from $1,000 to $5,000 if the support  obligation
27        has  remained unpaid for a period longer than 2 years, or
28        is in arrears in an amount greater than  $1,000  and  not
29        exceeding $10,000;
30             (2) from $5,000 to $10,000 if the support obligation
31        has  remained unpaid for a period longer than 5 years, or
32        is in arrears in an amount greater than $10,000  and  not
33        exceeding $20,000; or
34             (3)   from   $10,000   to  $25,000  if  the  support
 
SB19 Enrolled              -4-                LRB9100065SMdvA
 1        obligation has remained unpaid for a period longer than 8
 2        years, or  is  in  arrears  in  an  amount  greater  than
 3        $20,000.
 4        Restitution  shall  be  ordered in an amount equal to the
 5    total unpaid support obligation as it existed at the time  of
 6    sentencing.   Any  amounts  paid  by  the  obligor  shall  be
 7    allocated  first  to  current support and then to restitution
 8    ordered and then to fines imposed under this Section.

 9        Section  20.   Entry  of  order   for   support;   income
10    withholding.
11        (a)  In  a case in which no court or administrative order
12    for support is in effect against the defendant:
13             (1) at any time before the trial, upon motion of the
14        State's Attorney, or  of  the  Attorney  General  if  the
15        action has been instituted by his office, and upon notice
16        to  the  defendant, or at the time of arraignment or as a
17        condition of postponement of arraignment, the  court  may
18        enter  such temporary order for support as may seem just,
19        providing for the support or maintenance of the spouse or
20        child or children of the  defendant,  or  both,  pendente
21        lite; or
22             (2)  before trial with the consent of the defendant,
23        or at the trial on entry of a plea of  guilty,  or  after
24        conviction,  instead  of imposing the penalty provided in
25        this Act, or in addition thereto, the court may enter  an
26        order  for  support, subject to modification by the court
27        from time to time as circumstances may require, directing
28        the defendant to pay a certain sum for maintenance of the
29        spouse, or for support of the child or children, or both.
30        (b) The court shall determine the amount of child support
31    by using the guidelines and standards set forth in subsection
32    (a) of Section 505 and  in  Section  505.2  of  the  Illinois
33    Marriage and Dissolution of Marriage Act.
 
SB19 Enrolled              -5-                LRB9100065SMdvA
 1        (c)  The  court shall determine the amount of maintenance
 2    using the standards set forth in  Section 504 of the Illinois
 3    Marriage and Dissolution of Marriage Act.
 4        (d) The court may, for violation of any order under  this
 5    Section,  punish the offender as for a contempt of court, but
 6    no pendente lite order shall remain in effect longer  than  4
 7    months,  or  after  the  discharge  of  any  panel  of jurors
 8    summoned for service thereafter in such court,  whichever  is
 9    sooner.
10        (e) Any order for support entered by the court under this
11    Section  shall  be deemed to be a series of judgments against
12    the person obligated to pay support under the judgments, each
13    such judgment  to  be  in  the  amount  of  each  payment  or
14    installment of support and each judgment to be deemed entered
15    as  of  the  date  the  corresponding  payment or installment
16    becomes due under the  terms  of  the  support  order.   Each
17    judgment shall have the full force, effect, and attributes of
18    any other judgment of this State, including the ability to be
19    enforced.   Each  judgment  is  subject  to  modification  or
20    termination  only  in  accordance  with  Section  510  of the
21    Illinois Marriage and Dissolution of Marriage  Act.   A  lien
22    arises  by  operation  of  law  against the real and personal
23    property of the noncustodial parent for each  installment  of
24    overdue support owed by the noncustodial parent.
25        (f) An order for support entered under this Section shall
26    include  a  provision  requiring the obligor to report to the
27    obligee and to the clerk of the court  within  10  days  each
28    time  the  obligor  obtains new employment, and each time the
29    obligor's employment  is  terminated  for  any  reason.   The
30    report  shall  be  in  writing  and shall, in the case of new
31    employment, include the name and address of the new employer.
32        Failure to report new employment or  the  termination  of
33    current employment, if coupled with nonpayment of support for
34    a period in excess of 60 days, is indirect criminal contempt.
 
SB19 Enrolled              -6-                LRB9100065SMdvA
 1    For   any   obligor   arrested  for  failure  to  report  new
 2    employment, bond shall be set in  the  amount  of  the  child
 3    support  that  should  have  been  paid  during the period of
 4    unreported employment.
 5        An order for support entered  under  this  Section  shall
 6    also  include  a  provision requiring the obligor and obligee
 7    parents to advise each other of a change in residence  within
 8    5  days  of  the  change except when the court finds that the
 9    physical, mental, or emotional health of  a  party  or  of  a
10    minor  child,  or  both,  would  be  seriously  endangered by
11    disclosure of the party's address.
12        (g) An order for support entered or modified in a case in
13    which a party is receiving child and spouse support  services
14    under Article X of the Illinois Public Aid Code shall include
15    a  provision  requiring the noncustodial parent to notify the
16    Illinois Department of Public Aid, within 7 days, of the name
17    and address of any new employer of the  noncustodial  parent,
18    whether   the   noncustodial  parent  has  access  to  health
19    insurance  coverage  through  the  employer  or  other  group
20    coverage and, if so, the policy name and number and the names
21    of persons covered under the policy.
22        (h) In any subsequent action  to  enforce  an  order  for
23    support  entered under this Act, upon sufficient showing that
24    diligent effort has been made to ascertain  the  location  of
25    the  noncustodial  parent, service of process or provision of
26    notice necessary in that action may be made at the last known
27    address of the noncustodial parent, in any  manner  expressly
28    provided by the Code of Civil Procedure or in this Act, which
29    service shall be sufficient for purposes of due process.
30        (i)  An  order  for support shall include a date on which
31    the current support obligation terminates.   The  termination
32    date  shall  be  no  earlier than the date on which the child
33    covered by the order will attain the age of  majority  or  is
34    otherwise emancipated. The order for support shall state that
 
SB19 Enrolled              -7-                LRB9100065SMdvA
 1    the termination date does not apply to any arrearage that may
 2    remain unpaid on that date.  Nothing in this subsection shall
 3    be construed to prevent the court from modifying the order.

 4        Section  22.   Withholding of income to secure payment of
 5    support. An order for support entered or modified under  this
 6    Act is subject to the Income Withholding for Support Act.

 7        Section  25.   Payment  of  support to State Disbursement
 8    Unit; clerk of the court.
 9        (a)  As  used  in  this  Section,  "order  for  support",
10    "obligor", "obligee", and "payor" mean those terms as defined
11    in the Income Withholding for Support Act.
12        (b) Each order for  support  entered  or  modified  under
13    Section 20 of this Act shall require that support payments be
14    made  to  the  State  Disbursement Unit established under the
15    Illinois Public Aid Code, under the following circumstances:
16             (1) when a party to the order is receiving child and
17        spouse support services under Article X of  the  Illinois
18        Public Aid Code; or
19             (2)  when  no  party to the order is receiving child
20        and spouse support services, but the support payments are
21        made through income withholding.
22        (c) When no party to the order  is  receiving  child  and
23    spouse  support  services,  and  payments  are not being made
24    through income withholding, the court shall order the obligor
25    to make support payments to the clerk of the court.
26        (d) In the case of an order for support  entered  by  the
27    court  under  this  Act  before  a party commenced receipt of
28    child and spouse support  services,  upon  receipt  of  these
29    services  by  a  party  the Illinois Department of Public Aid
30    shall provide notice to  the  obligor  to  send  any  support
31    payments he or she makes personally to the State Disbursement
32    Unit   until   further  direction  of  the  Department.   The
 
SB19 Enrolled              -8-                LRB9100065SMdvA
 1    Department shall provide a copy of the notice to the  obligee
 2    and to the clerk of the court.
 3        (e)  If a State Disbursement Unit as specified by federal
 4    law has not been created in Illinois upon the effective  date
 5    of this Act, then, until the creation of a State Disbursement
 6    Unit  as  specified  by federal law, the following provisions
 7    regarding payment and disbursement of support payments  shall
 8    control  and the provisions in subsections (a), (b), (c), and
 9    (d) shall be inoperative.   Upon  the  creation  of  a  State
10    Disbursement   Unit   as   specified  by  federal  law,  this
11    subsection (e) shall  be  inoperative  and  the  payment  and
12    disbursement provisions of subsections (a), (b), (c), and (d)
13    shall control.
14             (1)  In  cases  in  which  an  order  for support is
15        entered under Section 20 of this  Act,  the  court  shall
16        order  that  maintenance  and support payments be made to
17        the clerk of the court for remittance to  the  person  or
18        agency  entitled  to  receive the payments.  However, the
19        court  in  its  discretion  may  direct  otherwise  where
20        exceptional circumstances so warrant.
21             (2) The court shall direct that support payments  be
22        sent  by  the  clerk  to  (i)  the Illinois Department of
23        Public Aid if the person in  whose  behalf  payments  are
24        made is receiving aid under Articles III, IV, or V of the
25        Illinois  Public  Aid  Code,  or child and spouse support
26        services under Article X of the  Code,  or  (ii)  to  the
27        local  governmental  unit  responsible for the support of
28        the person if he or she is a recipient under  Article  VI
29        of   the  Code.   In  accordance  with  federal  law  and
30        regulations, the Illinois Department of  Public  Aid  may
31        continue to collect current maintenance payments or child
32        support  payments,  or both, after those persons cease to
33        receive  public  assistance  and  until  termination   of
34        services under Article X of the Illinois Public Aid Code.
 
SB19 Enrolled              -9-                LRB9100065SMdvA
 1        The   Illinois   Department  shall  pay  the  net  amount
 2        collected to those  persons  after  deducting  any  costs
 3        incurred  in  making the collection or any collection fee
 4        from the amount of any recovery made.   The  order  shall
 5        permit the Illinois Department of Public Aid or the local
 6        governmental  unit,  as  the  case may be, to direct that
 7        support  payments  be  made  directly  to   the   spouse,
 8        children,  or  both, or to some person or agency in their
 9        behalf, upon removal of the spouse or children  from  the
10        public  aid  rolls  or upon termination of services under
11        Article X of the Illinois Public Aid Code; and upon  such
12        direction,   the   Illinois   Department   or  the  local
13        governmental unit,  as  the  case  requires,  shall  give
14        notice  of  such  action  to  the  court in writing or by
15        electronic transmission.
16             (3) The clerk  of  the  court  shall  establish  and
17        maintain  current  records  of  all  moneys  received and
18        disbursed and of delinquencies and defaults  in  required
19        payments.   The  court,  by  order  or  rule,  shall make
20        provision for the carrying out of these duties.
21             (4) Upon notification in writing  or  by  electronic
22        transmission  from  the Illinois Department of Public Aid
23        to the clerk of the court that a person who is  receiving
24        support payments under this Section is receiving services
25        under  the  Child Support Enforcement Program established
26        by Title IV-D of the Social  Security  Act,  any  support
27        payments  subsequently received by the clerk of the court
28        shall be transmitted in accordance with the  instructions
29        of  the  Illinois  Department  of  Public  Aid  until the
30        Department gives notice to cease the transmittal.   After
31        providing   the   notification   authorized   under  this
32        paragraph, the Illinois Department of Public Aid shall be
33        a party and entitled to notice of any further proceedings
34        in the case.  The clerk of the court shall file a copy of
 
SB19 Enrolled              -10-               LRB9100065SMdvA
 1        the Illinois Department of Public Aid's  notification  in
 2        the  court file.  The failure of the clerk to file a copy
 3        of the notification in the court file shall not, however,
 4        affect the Illinois Department of Public Aid's rights  as
 5        a  party  or  its  right  to  receive  notice  of further
 6        proceedings.
 7             (5) Payments under  this  Section  to  the  Illinois
 8        Department  of  Public  Aid pursuant to the Child Support
 9        Enforcement Program established  by  Title  IV-D  of  the
10        Social  Security Act shall be paid into the Child Support
11        Enforcement Trust Fund.  All other  payments  under  this
12        Section to the Illinois Department of Public Aid shall be
13        deposited in the Public Assistance Recoveries Trust Fund.
14        Disbursements  from  these  funds shall be as provided in
15        the Illinois Public Aid Code.   Payments  received  by  a
16        local governmental unit shall be deposited in that unit's
17        General Assistance Fund.
18             (6)  For  those  cases  in  which  child  support is
19        payable to the clerk of the circuit court for transmittal
20        to the Illinois Department of  Public  Aid  by  order  of
21        court  or upon notification by the Illinois Department of
22        Public Aid, the clerk shall transmit all  such  payments,
23        within  4  working  days of receipt, to insure that funds
24        are  available  for   immediate   distribution   by   the
25        Department  to  the  person or entity entitled thereto in
26        accordance  with   standards   of   the   Child   Support
27        Enforcement  Program  established under Title IV-D of the
28        Social  Security  Act.   The  clerk  shall   notify   the
29        Department  of  the date of receipt and amount thereof at
30        the time of transmittal.  Where  the  clerk  has  entered
31        into  an  agreement of cooperation with the Department to
32        record the terms of child  support  orders  and  payments
33        made  thereunder directly into the Department's automated
34        data processing system,  the  clerk  shall  account  for,
 
SB19 Enrolled              -11-               LRB9100065SMdvA
 1        transmit  and otherwise distribute child support payments
 2        in  accordance  with  such  agreement  in  lieu  of   the
 3        requirements contained herein.

 4        Section 30.  Information to State Case Registry.
 5        (a)  When  an  order  for  support is entered or modified
 6    under Section 20 of this Act, the clerk of the  court  shall,
 7    within  5  business  days, provide to the State Case Registry
 8    established under Section 10-27 of the  Illinois  Public  Aid
 9    Code the court docket number and county in which the order is
10    entered  or modified and the following information, which the
11    parents involved in the case shall disclose to the court:
12             (1) the names  of  the  custodial  and  noncustodial
13        parents  and  of  the  child  or  children covered by the
14        order;
15             (2)  the  dates  of  birth  of  the  custodial   and
16        noncustodial parents and of the child or children covered
17        by the order;
18             (3) the social security numbers of the custodial and
19        noncustodial  parents  and, if available, of the child or
20        children covered by the order;
21             (4) the residential  and  mailing  address  for  the
22        custodial and noncustodial parents;
23             (5)  the  telephone  numbers  for  the custodial and
24        noncustodial parents;
25             (6) the driver's license numbers for  the  custodial
26        and noncustodial parents; and
27             (7)  the name, address, and telephone number of each
28        parent's employer or employers.
29        (b) When an order for  support  is  entered  or  modified
30    under  Section  20  in  a  case in which a party is receiving
31    child and spouse support services  under  Article  X  of  the
32    Illinois  Public  Aid Code, the clerk shall provide the State
33    Case  Registry  with  the  following  information  within   5
 
SB19 Enrolled              -12-               LRB9100065SMdvA
 1    business days:
 2             (1) the information specified in subsection (a);
 3             (2)  the amount of monthly or other periodic support
 4        owed  under  the  order  and  other  amounts,   including
 5        arrearages, interest, or late payment penalties and fees,
 6        due or overdue under the order;
 7             (3) any amounts described in subdivision (2) of this
 8        subsection (b) that have been received by the clerk; and
 9             (4)  the distribution of the amounts received by the
10        clerk.
11        (c)  A party shall report to the  clerk  of  the  circuit
12    court  changes  in information required to be disclosed under
13    this Section within 5 business days of the change.
14        (d) To the extent that  updated  information  is  in  the
15    clerk's  possession,  the  clerk shall provide updates of the
16    information specified in subsection  (b)  within  5  business
17    days  after  the  Illinois Department of Public Aid's request
18    for that updated information.

19        Section 35. Fine;  release  of  defendant  on  probation;
20    violation of order for support; forfeiture of recognizance.
21        (a)  Whenever a fine is imposed it may be directed by the
22    court to be paid,  in  whole  or  in  part,  to  the  spouse,
23    ex-spouse,  or  if  the  support  of  a  child or children is
24    involved, to the custodial parent, to  the  clerk,  probation
25    officer,  or  to  the  Illinois Department of Public Aid if a
26    recipient of child and spouse support services under  Article
27    X  of  the  Illinois  Public Aid Code is involved as the case
28    requires, to be disbursed by such officers  or  agency  under
29    the terms of the order.
30        (b) The court may also relieve the defendant from custody
31    on  probation  for  the period fixed in the order or judgment
32    upon his or her entering into a recognizance, with or without
33    surety, in the sum as the court  orders  and  approves.   The
 
SB19 Enrolled              -13-               LRB9100065SMdvA
 1    condition  of  the  recognizance  shall  be  such that if the
 2    defendant makes his  or  her  personal  appearance  in  court
 3    whenever ordered to do so by the court, during such period as
 4    may  be  so fixed, and further complies with the terms of the
 5    order for support, or  any  subsequent  modification  of  the
 6    order, then the recognizance shall be void; otherwise it will
 7    remain in full force and effect.
 8        (c) If the court is satisfied by testimony in open court,
 9    that  at any time during the period of one year the defendant
10    has violated the terms of  the  order  for  support,  it  may
11    proceed  with  the  trial of the defendant under the original
12    charge, or sentence him or her under the original conviction,
13    or enforce the suspended sentence, as the case  may  be.   In
14    case  of  forfeiture  of  recognizance,  and  enforcement  of
15    recognizance  by  execution, the sum so recovered may, in the
16    discretion of the court, be paid, in whole or in part, to the
17    spouse, ex-spouse, or if the support of a child  or  children
18    is involved, to the custodial parent, to the clerk, or to the
19    Illinois Department of Public Aid if a recipient of child and
20    spouse  support  services  under  Article  X  of the Illinois
21    Public Aid Code is involved  as  the  case  requires,  to  be
22    disbursed  by  the clerk or the Department under the terms of
23    the order.

24        Section 40.  Evidence.   No  other  or  greater  evidence
25    shall  be  required  to  prove  the marriage of a husband and
26    wife, or that the defendant is the father or  mother  of  the
27    child  or children than is or shall be required to prove that
28    fact in a civil action.

29        Section 45.  Husband or wife as competent witness.  In no
30    prosecution under this Act shall any existing statute or rule
31    of   law   prohibiting   the   disclosure   of   confidential
32    communications between husband  and  wife  apply.   And  both
 
SB19 Enrolled              -14-               LRB9100065SMdvA
 1    husband  and  wife shall be competent witnesses to testify to
 2    any and all relevant matters,  including  the  fact  of  such
 3    marriage  and  of  the  parentage  of such child or children,
 4    provided that neither shall be  compelled  to  give  evidence
 5    incriminating himself or herself.

 6        Section 50.  Community service; work alternative program.
 7        (a) In addition to any other penalties imposed against an
 8    offender  under this Act, the court may order the offender to
 9    perform community service for not less than 30 and  not  more
10    than  120  hours per month, if community service is available
11    in the jurisdiction and is funded and approved by the  county
12    board  of  the  county  where  the offense was committed.  In
13    addition, whenever any person is placed  on  supervision  for
14    committing  an  offense under this Act, the supervision shall
15    be conditioned on the performance of the community service.
16        (b) In addition to any other penalties imposed against an
17    offender under this Act, the court may sentence the  offender
18    to  service in a work alternative program administered by the
19    sheriff.  The conditions of the program are that the offender
20    obtain  or  retain  employment  and  participate  in  a  work
21    alternative  program  administered  by  the  sheriff   during
22    non-working   hours.    A  person  may  not  be  required  to
23    participate  in  a  work  alternative  program   under   this
24    subsection if the person is currently participating in a work
25    program  pursuant  to  another provision of this Act, Section
26    10-11.1 of the Illinois Public Aid Code, Section 505.1 of the
27    Illinois Marriage and Dissolution of Marriage Act, or Section
28    15.1 of the Illinois Parentage Act of 1984.
29        (c)  In addition to any other penalties  imposed  against
30    an  offender  under  this  Act, the court may order, in cases
31    where the offender has been in violation of this Act  for  90
32    days or more, that the offender's Illinois driving privileges
33    be  suspended until the court determines that the offender is
 
SB19 Enrolled              -15-               LRB9100065SMdvA
 1    in compliance with this Act.
 2        The  court  may  determine  that  the  offender   is   in
 3    compliance  with  this  Act if the offender has agreed (i) to
 4    pay all  required  amounts  of  support  and  maintenance  as
 5    determined  by the court or (ii) to the garnishment of his or
 6    her income for the purpose of paying those amounts.
 7        The court may also order that the offender  be  issued  a
 8    family  financial  responsibility  driving  permit that would
 9    allow limited driving privileges for employment  and  medical
10    purposes  in  accordance with Section 7-702.1 of the Illinois
11    Vehicle Code. The clerk of the circuit  court  shall  certify
12    the  order  suspending the driving privileges of the offender
13    or granting the issuance of a family financial responsibility
14    driving permit to the Secretary of State on forms  prescribed
15    by   the   Secretary.   Upon  receipt  of  the  authenticated
16    documents,  the  Secretary  of  State   shall   suspend   the
17    offender's  driving  privileges  until  further  order of the
18    court and shall, if ordered by  the  court,  subject  to  the
19    provisions  of  Section 7-702.1 of the Illinois Vehicle Code,
20    issue a family financial responsibility driving permit to the
21    offender.
22        (d)  If the court determines that the offender  has  been
23    in violation of this Act for more than 60 days, the court may
24    determine whether the offender has applied for or been issued
25    a  professional  license  by  the  Department of Professional
26    Regulation  or  another  licensing  agency.   If  the   court
27    determines  that  the offender has applied for or been issued
28    such a license, the court may certify to  the  Department  of
29    Professional  Regulation  or  other licensing agency that the
30    offender has been in violation of this Act for more  than  60
31    days  so  that  the  Department  or  other  agency  may  take
32    appropriate  steps with respect to the license or application
33    as provided in Section 10-65 of the  Illinois  Administrative
34    Procedure Act and Section 60 of the Civil Administrative Code
 
SB19 Enrolled              -16-               LRB9100065SMdvA
 1    of  Illinois.   The court may take the actions required under
 2    this subsection in addition to  imposing  any  other  penalty
 3    authorized under this Act.

 4        Section  55.   Offenses;  how  construed.   It  is hereby
 5    expressly declared that the offenses set forth  in  this  Act
 6    shall be construed to be continuing offenses.

 7        Section 60.  Unemployed persons owing duty of support.
 8        (a)   Whenever  it  is  determined  in  a  proceeding  to
 9    establish  or  enforce  a  child   support   or   maintenance
10    obligation  that  the  person  owing  a  duty  of  support is
11    unemployed, the court may order the person to seek employment
12    and report periodically to the court with a diary, listing or
13    other memorandum of his or her  efforts  in  accordance  with
14    such order.  Additionally, the court may order the unemployed
15    person to report to the Department of Employment Security for
16    job  search  services  or  to make application with the local
17    Jobs Training Partnership Act provider for  participation  in
18    job  search, training, or work programs and where the duty of
19    support is owed to a child receiving support  services  under
20    Article X of the Illinois Public Aid Code the court may order
21    the unemployed person to report to the Illinois Department of
22    Public Aid for participation in job search, training, or work
23    programs  established  under  Section  9-6 and Article IXA of
24    that Code.
25        (b) Whenever it is determined that a person owes past due
26    support for a child or for a child and the parent  with  whom
27    the  child  is  living, and the child is receiving assistance
28    under the Illinois Public Aid Code, the court shall order  at
29    the request of the Illinois Department of Public Aid:
30             (1)  that  the  person  pay  the past-due support in
31        accordance with a plan approved by the court; or
32             (2)  if  the  person  owing  past-due   support   is
 
SB19 Enrolled              -17-               LRB9100065SMdvA
 1        unemployed,  is  subject  to  such  a  plan,  and  is not
 2        incapacitated, that the person participate  in  such  job
 3        search,  training,  or  work  programs  established under
 4        Section 9-6 and Article IXA of the  Illinois  Public  Aid
 5        Code as the court deems appropriate.

 6        Section  65.   Order  of  protection;  status.   Whenever
 7    relief  sought  under  this  Act  is  based on allegations of
 8    domestic  violence,  as  defined  in  the  Illinois  Domestic
 9    Violence Act of 1986,  the  court,  before  granting  relief,
10    shall   determine   whether   any  order  of  protection  has
11    previously been entered in  the  instant  proceeding  or  any
12    other proceeding in which any party, or a child of any party,
13    or  both,  if  relevant,  has  been  designated  as  either a
14    respondent or a protected person.

15        Section 70.  Severability.  If any provision of this  Act
16    or  its  application  to  any  person or circumstance is held
17    invalid, the invalidity of that provision or application does
18    not affect other provisions or applications of this Act  that
19    can   be  given  effect  without  the  invalid  provision  or
20    application.

21        Section 905.  The Illinois Administrative  Procedure  Act
22    is amended by changing Section 10-65 as follows:

23        (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
24        Sec. 10-65.  Licenses.
25        (a)  When any licensing is required by law to be preceded
26    by notice and an opportunity for a hearing, the provisions of
27    this Act concerning contested cases shall apply.
28        (b)  When  a  licensee  has  made  timely  and sufficient
29    application for the renewal of a license  or  a  new  license
30    with  reference  to  any activity of a continuing nature, the
 
SB19 Enrolled              -18-               LRB9100065SMdvA
 1    existing license shall continue  in  full  force  and  effect
 2    until  the  final agency decision on the application has been
 3    made unless a later date is fixed by  order  of  a  reviewing
 4    court.
 5        (c)  An application for the renewal of a license or a new
 6    license shall include the applicant's social security number.
 7    Each  agency  shall  require  the  licensee to certify on the
 8    application form, under penalty of perjury, that he or she is
 9    not more than 30 days delinquent in complying  with  a  child
10    support order.  Every application shall state that failure to
11    so  certify  shall  result  in  disciplinary action, and that
12    making a false statement may subject the licensee to contempt
13    of court.  The agency shall notify each applicant or licensee
14    who acknowledges a delinquency or who, contrary to his or her
15    certification,  is  found  to  be  delinquent  or  who  after
16    receiving notice, fails to comply with a subpoena or  warrant
17    relating  to  a paternity or a child support proceeding, that
18    the agency intends to take disciplinary action.  Accordingly,
19    the agency shall provide  written  notice  of  the  facts  or
20    conduct  upon  which  the  agency  will  rely  to support its
21    proposed action and the applicant or licensee shall be  given
22    an   opportunity   for  a  hearing  in  accordance  with  the
23    provisions  of  the  Act  concerning  contested  cases.   Any
24    delinquency in complying with a child support  order  can  be
25    remedied  by  arranging  for  payment of past due and current
26    support.  Any failure to comply with a  subpoena  or  warrant
27    relating  to  a  paternity or child support proceeding can be
28    remedied by complying with the subpoena or warrant.   Upon  a
29    final  finding  of  delinquency  or  failure to comply with a
30    subpoena or warrant, the agency  shall  suspend,  revoke,  or
31    refuse  to  issue or renew the license. In cases in which the
32    Department of Public Aid has previously  determined  that  an
33    applicant  or  a  licensee is more than 30 days delinquent in
34    the payment of child support and has  subsequently  certified
 
SB19 Enrolled              -19-               LRB9100065SMdvA
 1    the  delinquency  to  the  licensing  agency, and in cases in
 2    which a court has previously determined that an applicant  or
 3    licensee  has been in violation of the Non-Support Punishment
 4    Act for more than 60 days, the licensing agency shall  refuse
 5    to  issue  or  renew or shall revoke or suspend that person's
 6    license based solely upon the  certification  of  delinquency
 7    made  by the Department of Public Aid or the certification of
 8    violation made by the court.  Further process,  hearings,  or
 9    redetermination  of  the  delinquency  or  violation  by  the
10    licensing  agency  shall  not  be  required.    The licensing
11    agency may issue or renew  a  license  if  the  licensee  has
12    arranged  for  payment  of  past  and  current  child support
13    obligations in a manner satisfactory  to  the  Department  of
14    Public  Aid  or  the  court.  The licensing agency may impose
15    conditions, restrictions, or disciplinary  action  upon  that
16    license.
17        (d)  Except  as  provided  in  subsection  (c), no agency
18    shall revoke, suspend, annul, withdraw, amend materially,  or
19    refuse  to  renew  any  valid  license  without  first giving
20    written notice to the licensee of the facts or  conduct  upon
21    which the agency will rely to support its proposed action and
22    an   opportunity   for  a  hearing  in  accordance  with  the
23    provisions of this Act concerning contested  cases.   At  the
24    hearing, the licensee shall have the right to show compliance
25    with all lawful requirements for the retention, continuation,
26    or  renewal  of  the  license.  If, however, the agency finds
27    that the public interest,  safety,  or  welfare  imperatively
28    requires  emergency  action, and if the agency incorporates a
29    finding to that effect in its order, summary suspension of  a
30    license  may be ordered pending proceedings for revocation or
31    other action.  Those proceedings shall be promptly instituted
32    and determined.
33        (e)  Any  application  for  renewal  of  a  license  that
34    contains required and relevant information,  data,  material,
 
SB19 Enrolled              -20-               LRB9100065SMdvA
 1    or  circumstances  that  were not contained in an application
 2    for the existing license shall be subject to  the  provisions
 3    of subsection (a).
 4    (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-99.)

 5        Section  910.   The Civil Administrative Code of Illinois
 6    is amended by changing Section 43a.14 as follows:

 7        (20 ILCS 1005/43a.14)
 8        Sec. 43a.14.  Exchange of information for  child  support
 9    enforcement.
10        (a)   To  exchange with the Illinois Department of Public
11    Aid information that may be necessary for the enforcement  of
12    child  support orders entered pursuant to the Illinois Public
13    Aid Code, the Illinois Marriage and Dissolution  of  Marriage
14    Act,   the  Non-Support  of  Spouse  and  Children  Act,  the
15    Non-Support Punishment Act, the  Revised  Uniform  Reciprocal
16    Enforcement  of  Support  Act,  the Uniform Interstate Family
17    Support Act, or the Illinois Parentage Act of 1984.
18        (b)  Notwithstanding any provisions in this Code  to  the
19    contrary,  the Department of Employment Security shall not be
20    liable to any person for any disclosure of information to the
21    Illinois Department of Public Aid under subsection (a) or for
22    any other action taken in  good  faith  to  comply  with  the
23    requirements of subsection (a).
24    (Source: P.A. 90-18, eff. 7-1-97.)

25        Section  915.   The Civil Administrative Code of Illinois
26    is amended by changing Section 60 as follows:

27        (20 ILCS 2105/60) (from Ch. 127, par. 60)
28        Sec.  60.  Powers  and   duties.    The   Department   of
29    Professional Regulation shall have, subject to the provisions
30    of this Act, the following powers and duties:
 
SB19 Enrolled              -21-               LRB9100065SMdvA
 1        1.  To authorize examinations in English to ascertain the
 2    qualifications  and  fitness  of  applicants  to exercise the
 3    profession, trade, or occupation for which the examination is
 4    held.
 5        2.  To prescribe rules and regulations  for  a  fair  and
 6    wholly  impartial  method  of  examination  of  candidates to
 7    exercise the respective professions, trades, or occupations.
 8        3.  To pass upon the  qualifications  of  applicants  for
 9    licenses,   certificates,   and   authorities,   whether   by
10    examination, by reciprocity, or by endorsement.
11        4.  To  prescribe rules and regulations defining, for the
12    respective professions, trades, and occupations,  what  shall
13    constitute a school, college, or university, or department of
14    a  university,  or  other institutions, reputable and in good
15    standing and to determine the reputability and good  standing
16    of  a  school,  college,  or  university,  or department of a
17    university, or  other  institution,  reputable  and  in  good
18    standing  by  reference  to  a compliance with such rules and
19    regulations:  provided,   that   no   school,   college,   or
20    university,   or   department   of   a  university  or  other
21    institution that refuses admittance to applicants  solely  on
22    account  of race, color, creed, sex, or national origin shall
23    be considered reputable and in good standing.
24        5.  To  conduct  hearings  on  proceedings   to   revoke,
25    suspend,  refuse  to  renew, place on probationary status, or
26    take other disciplinary action as may be  authorized  in  any
27    licensing  Act  administered by the Department with regard to
28    licenses, certificates, or authorities of persons  exercising
29    the  respective  professions,  trades, or occupations, and to
30    revoke, suspend,  refuse  to  renew,  place  on  probationary
31    status,   or   take  other  disciplinary  action  as  may  be
32    authorized  in  any  licensing  Act   administered   by   the
33    Department  with  regard  to  such licenses, certificates, or
34    authorities.   The   Department   shall   issue   a   monthly
 
SB19 Enrolled              -22-               LRB9100065SMdvA
 1    disciplinary  report.   The Department shall deny any license
 2    or renewal authorized by this  Act  to  any  person  who  has
 3    defaulted  on  an educational loan or scholarship provided by
 4    or guaranteed by the Illinois Student  Assistance  Commission
 5    or  any  governmental  agency  of  this  State;  however, the
 6    Department  may  issue  a   license   or   renewal   if   the
 7    aforementioned   persons   have  established  a  satisfactory
 8    repayment  record  as  determined  by  the  Illinois  Student
 9    Assistance  Commission  or  other  appropriate   governmental
10    agency  of this State.  Additionally, beginning June 1, 1996,
11    any license issued by the  Department  may  be  suspended  or
12    revoked  if  the  Department,  after  the  opportunity  for a
13    hearing under the appropriate licensing Act, finds  that  the
14    licensee  has  failed  to  make satisfactory repayment to the
15    Illinois Student Assistance Commission for  a  delinquent  or
16    defaulted   loan.   For   the   purposes   of  this  Section,
17    "satisfactory repayment record" shall be defined by rule. The
18    Department shall refuse to issue or renew a  license  to,  or
19    shall  suspend  or revoke a license of, any person who, after
20    receiving notice, fails to comply with a subpoena or  warrant
21    relating   to   a  paternity  or  child  support  proceeding.
22    However, the Department may issue a license or  renewal  upon
23    compliance with the subpoena or warrant.
24        The  Department,  without  further  process  or hearings,
25    shall  revoke,  suspend,  or  deny  any  license  or  renewal
26    authorized by this Act to a person who is  certified  by  the
27    Illinois  Department of Public Aid as being more than 30 days
28    delinquent in complying with a child support order or who  is
29    certified by a court as being in violation of the Non-Support
30    of  Punishment Act for more than 60 days; the Department may,
31    however, issue  a  license  or  renewal  if  the  person  has
32    established  a satisfactory repayment record as determined by
33    the Illinois Department of Public Aid or  if  the  person  is
34    determined  by  the  court  to  be  in  compliance  with  the
 
SB19 Enrolled              -23-               LRB9100065SMdvA
 1    Non-Support  Punishment  Act.   The  Department may implement
 2    this paragraph as added by Public Act 89-6 through the use of
 3    emergency rules  in  accordance  with  Section  5-45  of  the
 4    Illinois  Administrative  Procedure Act.  For purposes of the
 5    Illinois Administrative Procedure Act, the adoption of  rules
 6    to  implement this paragraph shall be considered an emergency
 7    and necessary for the public interest, safety, and welfare.
 8        6.  To transfer jurisdiction  of  any  realty  under  the
 9    control  of  the  Department  to  any other Department of the
10    State Government, or to acquire or accept Federal lands, when
11    such transfer, acquisition or acceptance is  advantageous  to
12    the State and is approved in writing by the Governor.
13        7.  To   formulate   rules  and  regulations  as  may  be
14    necessary for the enforcement of any act administered by  the
15    Department.
16        8.  To  exchange  with  the Illinois Department of Public
17    Aid information that may be necessary for the enforcement  of
18    child  support orders entered pursuant to the Illinois Public
19    Aid Code, the Illinois Marriage and Dissolution  of  Marriage
20    Act,   the  Non-Support  of  Spouse  and  Children  Act,  the
21    Non-Support Punishment Act, the  Revised  Uniform  Reciprocal
22    Enforcement  of  Support  Act,  the Uniform Interstate Family
23    Support  Act,  or  the  Illinois  Parentage  Act   of   1984.
24    Notwithstanding  any provisions in this Code to the contrary,
25    the Department of Professional Regulation shall not be liable
26    under any  federal  or  State  law  to  any  person  for  any
27    disclosure  of  information  to  the  Illinois  Department of
28    Public Aid under this paragraph 8 or  for  any  other  action
29    taken  in  good faith to comply with the requirements of this
30    paragraph 8.
31        9.   To perform such other duties as may be prescribed by
32    law.
33        The  Department  may,  when  a  fee  is  payable  to  the
34    Department for a wall certificate of registration provided by
 
SB19 Enrolled              -24-               LRB9100065SMdvA
 1    the Department of Central Management Services,  require  that
 2    portion of the payment for printing and distribution costs be
 3    made directly or through the Department, to the Department of
 4    Central  Management  Services  for  deposit  in the Paper and
 5    Printing Revolving Fund, the remainder shall be deposited  in
 6    the General Revenue Fund.
 7        For  the  purpose of securing and preparing evidence, and
 8    for  the  purchase  of  controlled  substances,  professional
 9    services, and equipment necessary for enforcement activities,
10    recoupment  of  investigative  costs  and  other   activities
11    directed  at  suppressing  the misuse and abuse of controlled
12    substances, including those activities set forth in  Sections
13    504  and  508  of the Illinois Controlled Substances Act, the
14    Director and agents appointed and authorized by the  Director
15    may   expend  such  sums  from  the  Professional  Regulation
16    Evidence Fund  as  the  Director  deems  necessary  from  the
17    amounts  appropriated  for  that purpose and such sums may be
18    advanced to the agent when the Director deems such  procedure
19    to  be  in  the  public  interest.  Sums  for the purchase of
20    controlled substances, professional services,  and  equipment
21    necessary  for enforcement activities and other activities as
22    set forth in this Section shall be advanced to the agent  who
23    is  to  make  such  purchase from the Professional Regulation
24    Evidence Fund  on  vouchers  signed  by  the  Director.   The
25    Director  and  such  agents are authorized to maintain one or
26    more commercial checking  accounts  with  any  State  banking
27    corporation or corporations organized under or subject to the
28    Illinois Banking Act for the deposit and withdrawal of moneys
29    to  be  used  for  the  purposes  set  forth in this Section;
30    provided, that no check may be  written  nor  any  withdrawal
31    made from any such account except upon the written signatures
32    of  2 persons designated by the Director to write such checks
33    and make such withdrawals.  Vouchers  for  such  expenditures
34    must  be  signed  by  the  Director and all such expenditures
 
SB19 Enrolled              -25-               LRB9100065SMdvA
 1    shall be audited by the  Director  and  the  audit  shall  be
 2    submitted  to  the  Department of Central Management Services
 3    for approval.
 4        Whenever the Department is authorized or required by  law
 5    to   consider   some   aspect   of  criminal  history  record
 6    information for the purpose of  carrying  out  its  statutory
 7    powers  and  responsibilities, then, upon request and payment
 8    of fees in conformance with the requirements of subsection 22
 9    of Section 55a of the Civil Administrative Code of  Illinois,
10    the  Department  of  State  Police  is authorized to furnish,
11    pursuant  to  positive   identification,   such   information
12    contained  in  State  files  as  is  necessary to fulfill the
13    request.
14        The provisions of this Section do not  apply  to  private
15    business  and  vocational  schools as defined by Section 1 of
16    the Private Business and Vocational Schools Act.
17        Beginning July 1, 1995, this Section does  not  apply  to
18    those professions, trades, and occupations licensed under the
19    Real  Estate  License  Act  of  1983 nor does it apply to any
20    permits, certificates, or other authorizations to do business
21    provided for in the Land Sales Registration Act  of  1989  or
22    the Illinois Real Estate Time-Share Act.
23    (Source:  P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
24    eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18,
25    eff. 7-1-97.)

26        Section 920.  The Civil Administrative Code  of  Illinois
27    is amended by changing Section 39b12 as follows:

28        (20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
29        Sec. 39b12. Exchange of information.
30        (a)  To  exchange  with  any State, or local subdivisions
31    thereof,  or  with  the  federal  government,   except   when
32    specifically  prohibited by law, any information which may be
 
SB19 Enrolled              -26-               LRB9100065SMdvA
 1    necessary to efficient tax administration and  which  may  be
 2    acquired as a result of the administration of the above laws.
 3        (b)  To  exchange  with the Illinois Department of Public
 4    Aid information that may be necessary for the enforcement  of
 5    child  support orders entered pursuant to the Illinois Public
 6    Aid Code, the Illinois Marriage and Dissolution  of  Marriage
 7    Act,   the  Non-Support  of  Spouse  and  Children  Act,  the
 8    Non-Support Punishment Act, the  Revised  Uniform  Reciprocal
 9    Enforcement  of  Support  Act,  the Uniform Interstate Family
10    Support  Act,  or  the  Illinois  Parentage  Act   of   1984.
11    Notwithstanding  any provisions in this Code to the contrary,
12    the Department of Revenue shall not be liable to  any  person
13    for  any disclosure of information to the Illinois Department
14    of Public Aid under this subsection  (b)  or  for  any  other
15    action taken in good faith to comply with the requirements of
16    this subsection (b).
17    (Source: P.A. 90-18, eff. 7-1-97.)

18        Section  925.   The  Counties Code is amended by changing
19    Section 3-5036.5 as follows:

20        (55 ILCS 5/3-5036.5)
21        Sec. 3-5036.5.  Exchange of information for child support
22    enforcement.
23        (a)   The  Recorder  shall  exchange  with  the  Illinois
24    Department of Public Aid information that  may  be  necessary
25    for  the enforcement of child support orders entered pursuant
26    to the Illinois Public Aid Code, the  Illinois  Marriage  and
27    Dissolution  of  Marriage  Act, the Non-Support of Spouse and
28    Children Act, the Non-Support  Punishment  Act,  the  Revised
29    Uniform  Reciprocal  Enforcement  of Support Act, the Uniform
30    Interstate Family Support Act, or the Illinois Parentage  Act
31    of 1984.
32        (b)   Notwithstanding  any provisions in this Code to the
 
SB19 Enrolled              -27-               LRB9100065SMdvA
 1    contrary, the Recorder shall not be liable to any person  for
 2    any  disclosure  of information to the Illinois Department of
 3    Public Aid under subsection (a) or for any other action taken
 4    in good faith to comply with the requirements  of  subsection
 5    (a).
 6    (Source: P.A. 90-18, eff. 7-1-97.)

 7        Section  930.   The  Collection  Agency Act is amended by
 8    changing Section 2.04 as follows:

 9        (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
10        Sec. 2.04.  Child support indebtedness.
11        (a)  Persons, associations, partnerships, or corporations
12    engaged  in  the  business  of   collecting   child   support
13    indebtedness  owing under a court order as provided under the
14    Illinois  Public  Aid  Code,  the   Illinois   Marriage   and
15    Dissolution  of  Marriage  Act, the Non-Support of Spouse and
16    Children Act, the Non-Support Punishment  Act,  the  Illinois
17    Parentage  Act  of  1984, or similar laws of other states are
18    not restricted (i)  in  the  frequency  of  contact  with  an
19    obligor  who  is in arrears, whether by phone, mail, or other
20    means, (ii) from contacting the employer of an obligor who is
21    in arrears, (iii) from publishing or threatening to publish a
22    list  of  obligors  in  arrears,  (iv)  from  disclosing   or
23    threatening   to  disclose  an  arrearage  that  the  obligor
24    disputes, but for which a verified notice of delinquency  has
25    been  served under the Income Withholding for Support Act (or
26    any of its predecessors,  Section  10-16.2  of  the  Illinois
27    Public  Aid  Code, Section 706.1 of the Illinois Marriage and
28    Dissolution of Marriage Act, Section 4.1 of  the  Non-Support
29    of  Spouse  and  Children  Act,  Section  26.1 of the Revised
30    Uniform Reciprocal Enforcement of Support Act, or Section  20
31    of  the Illinois Parentage Act of 1984), or (v) from engaging
32    in conduct that would not cause a reasonable person mental or
 
SB19 Enrolled              -28-               LRB9100065SMdvA
 1    physical illness.  For purposes of this subsection, "obligor"
 2    means  an  individual  who  owes  a  duty  to  make  periodic
 3    payments, under a court order, for the support  of  a  child.
 4    "Arrearage"  means  the  total  amount of an obligor's unpaid
 5    child support obligations.
 6        (b)  The  Department  shall  adopt  rules  necessary   to
 7    administer and enforce the provisions of this Section.
 8    (Source: P.A. 90-673, eff. 1-1-99.)

 9        Section  935.  The Illinois Public Aid Code is amended by
10    changing Sections 10-3.1, 10-17, 10-19, 10-25,  10-25.5,  and
11    12-4.7c as follows:

12        (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
13        Sec.   10-3.1.   Child  and  Spouse  Support  Unit.   The
14    Illinois Department shall establish within its administrative
15    staff a Child and Spouse  Support  Unit  to  search  for  and
16    locate  absent  parents and spouses liable for the support of
17    persons resident in this State and to  exercise  the  support
18    enforcement   powers   and   responsibilities   assigned  the
19    Department by this Article.  The unit  shall  cooperate  with
20    all  law  enforcement  officials  in  this State and with the
21    authorities of other States in locating  persons  responsible
22    for the support of persons resident in other States and shall
23    invite   the   cooperation   of   these  authorities  in  the
24    performance of its duties.
25        In addition to other duties assigned the Child and Spouse
26    Support Unit by this Article,  the  Unit  may  refer  to  the
27    Attorney  General  or  units  of  local  government  with the
28    approval of the Attorney General, any actions under  Sections
29    10-10  and  10-15  for  judicial  enforcement  of the support
30    liability.  The Child and Spouse Support Unit shall  act  for
31    the  Department  in referring to the Attorney General support
32    matters requiring judicial enforcement under other laws.   If
 
SB19 Enrolled              -29-               LRB9100065SMdvA
 1    requested  by  the Attorney General to so act, as provided in
 2    Section 12-16, attorneys of the Unit may assist the  Attorney
 3    General  or  themselves  institute  actions  in behalf of the
 4    Illinois Department  under  the  Revised  Uniform  Reciprocal
 5    Enforcement  of Support Act; under the Illinois Parentage Act
 6    of 1984; under the Non-Support of Spouse  and  Children  Act;
 7    under the Non-Support Punishment Act; or under any other law,
 8    State  or  Federal,  providing  for  support  of  a spouse or
 9    dependent child.
10        The Illinois Department shall also have the authority  to
11    enter  into  agreements  with  local  governmental  units  or
12    individuals,  with  the approval of the Attorney General, for
13    the collection of moneys owing because of the  failure  of  a
14    parent to make child support payments for any child receiving
15    services  under  this  Article.   Such agreements may be on a
16    contingent fee basis,  but  such  contingent  fee  shall  not
17    exceed 25% of the total amount collected.
18        An  attorney who provides representation pursuant to this
19    Section shall represent the Illinois Department  exclusively.
20    Regardless  of  the designation of the plaintiff in an action
21    brought  pursuant  to  this   Section,   an   attorney-client
22    relationship  does  not  exist  for  purposes  of that action
23    between that attorney and (i) an applicant for  or  recipient
24    of  child and spouse support services or (ii) any other party
25    to the action other than the Illinois Department.  Nothing in
26    this Section shall be construed to modify any power  or  duty
27    (including  a  duty to maintain confidentiality) of the Child
28    and Spouse Support Unit or the Illinois Department  otherwise
29    provided by law.
30        The  Illinois  Department  may also enter into agreements
31    with local  governmental  units  for  the  Child  and  Spouse
32    Support  Unit  to  exercise the investigative and enforcement
33    powers designated in this Article, including the issuance  of
34    administrative   orders  under  Section  10-11,  in  locating
 
SB19 Enrolled              -30-               LRB9100065SMdvA
 1    responsible  relatives  and  obtaining  support  for  persons
 2    applying for or receiving aid under Article VI. Payments  for
 3    defrayment  of  administrative  costs  and  support  payments
 4    obtained  shall  be  deposited  into  the  Public  Assistance
 5    Recoveries  Trust  Fund.  Support payments shall be paid over
 6    to the General Assistance Fund of the local governmental unit
 7    at such time or times as the agreement may specify.
 8        With respect to those  cases  in  which  it  has  support
 9    enforcement  powers  and responsibilities under this Article,
10    the Illinois Department may provide by rule for  periodic  or
11    other  review  of  each  administrative  and  court order for
12    support to determine whether  a  modification  of  the  order
13    should  be  sought. The Illinois Department shall provide for
14    and conduct such review in  accordance  with  any  applicable
15    federal law and regulation.
16        As  part of its process for review of orders for support,
17    the Illinois Department, through written notice, may  require
18    the  responsible  relative  to  disclose  his  or  her Social
19    Security Number and past and present  information  concerning
20    the  relative's  address, employment, gross wages, deductions
21    from gross wages, net wages, bonuses, commissions, number  of
22    dependent exemptions claimed, individual and dependent health
23    insurance  coverage,  and  any other information necessary to
24    determine the relative's ability to provide support in a case
25    receiving  child  and  spouse  support  services  under  this
26    Article X.
27        The Illinois Department may send a  written  request  for
28    the   same  information  to  the  relative's  employer.   The
29    employer shall respond to the request for information  within
30    15 days after the date the employer receives the request.  If
31    the  employer  willfully  fails  to  fully respond within the
32    15-day period, the employer shall pay a penalty of  $100  for
33    each  day  that  the response is not provided to the Illinois
34    Department after the 15-day period has expired.  The  penalty
 
SB19 Enrolled              -31-               LRB9100065SMdvA
 1    may  be  collected  in  a  civil  action which may be brought
 2    against the employer in favor of the Illinois Department.
 3        A written request for information  sent  to  an  employer
 4    pursuant  to  this Section shall consist of (i) a citation of
 5    this Section as the statutory authority for the  request  and
 6    for  the  employer's  obligation  to  provide  the  requested
 7    information,   (ii)  a  returnable  form  setting  forth  the
 8    employer's name and address  and  listing  the  name  of  the
 9    employee  with  respect to whom information is requested, and
10    (iii) a citation of this Section as the  statutory  authority
11    authorizing  the employer to withhold a fee of up to $20 from
12    the wages or income to be paid to each  responsible  relative
13    for  providing  the  information  to  the Illinois Department
14    within the 15-day period.  If  the  employer  is  withholding
15    support  payments  from  the  responsible  relative's  income
16    pursuant  to  an  order  for  withholding,  the  employer may
17    withhold the fee provided for  in  this  Section  only  after
18    withholding support as required under the order.  Any amounts
19    withheld  from  the responsible relative's income for payment
20    of support and the fee provided for in this Section shall not
21    be in excess of  the  amounts  permitted  under  the  federal
22    Consumer Credit Protection Act.
23        In  a  case  receiving child and spouse support services,
24    the Illinois Department may request  and  obtain  information
25    from  a  particular  employer under this Section no more than
26    once in  any  12-month  period,  unless  the  information  is
27    necessary  to  conduct  a review of a court or administrative
28    order for support at the  request  of  the  person  receiving
29    child and spouse support services.
30        The  Illinois  Department shall establish and maintain an
31    administrative unit to receive and transmit to the Child  and
32    Spouse  Support Unit information supplied by persons applying
33    for or receiving child  and  spouse  support  services  under
34    Section  10-1.   In  addition,  the Illinois Department shall
 
SB19 Enrolled              -32-               LRB9100065SMdvA
 1    address and respond to any alleged deficiencies that  persons
 2    receiving  or applying for services from the Child and Spouse
 3    Support Unit may identify concerning  the  Child  and  Spouse
 4    Support   Unit's   provision  of  child  and  spouse  support
 5    services. Within 60 days after an action or failure to act by
 6    the Child and Spouse Support Unit that  affects  his  or  her
 7    case,  a  recipient  of  or  applicant  for  child and spouse
 8    support services under Article X of this Code may request  an
 9    explanation  of  the  Unit's  handling  of  the case.  At the
10    requestor's option, the explanation may  be  provided  either
11    orally  in an interview, in writing, or both. If the Illinois
12    Department fails to respond to the request for an explanation
13    or fails to respond in a manner satisfactory to the applicant
14    or recipient within 30 days from the date of the request  for
15    an  explanation,  the  applicant  or  recipient may request a
16    conference for further review of the matter by the Office  of
17    the  Administrator  of  the  Child and Spouse Support Unit. A
18    request for a conference may be submitted at any time  within
19    60  days after the explanation has been provided by the Child
20    and Spouse Support Unit or within 60 days after the time  for
21    providing the explanation has expired.
22        The  applicant  or  recipient  may  request  a conference
23    concerning any  decision  denying  or  terminating  child  or
24    spouse support services under Article X of this Code, and the
25    applicant   or   recipient  may  also  request  a  conference
26    concerning the Unit's failure  to  provide  services  or  the
27    provision  of  services  in  an  amount  or  manner  that  is
28    considered  inadequate.   For  purposes  of this Section, the
29    Child and Spouse Support Unit includes all local governmental
30    units or individuals with whom the  Illinois  Department  has
31    contracted under Section 10-3.1.
32        Upon  receipt  of  a timely request for a conference, the
33    Office of the  Administrator  shall  review  the  case.   The
34    applicant  or  recipient  requesting  the conference shall be
 
SB19 Enrolled              -33-               LRB9100065SMdvA
 1    entitled, at his or her option, to appear  in  person  or  to
 2    participate in the conference by telephone.  The applicant or
 3    recipient  requesting  the conference shall be entitled to be
 4    represented and to be afforded a  reasonable  opportunity  to
 5    review  the  Illinois  Department's  file  before  or  at the
 6    conference.  At the conference, the  applicant  or  recipient
 7    requesting the conference shall be afforded an opportunity to
 8    present  all relevant matters in support of his or her claim.
 9    Conferences  shall  be  without  cost  to  the  applicant  or
10    recipient requesting the conference and shall be conducted by
11    a representative of the Child or Spouse Support Unit who  did
12    not participate in the action or inaction being reviewed.
13        The   Office   of   the  Administrator  shall  conduct  a
14    conference and inform all interested parties, in writing,  of
15    the results of the conference within 60 days from the date of
16    filing of the request for a conference.
17        In  addition  to  its  other  powers and responsibilities
18    established by this Article, the  Child  and  Spouse  Support
19    Unit shall conduct an annual assessment of each institution's
20    program  for  institution based paternity establishment under
21    Section 12 of the Vital Records Act.
22    (Source: P.A. 90-18, eff. 7-1-97.)

23        (305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
24        Sec. 10-17.  Other Actions and Remedies for Support.) The
25    procedures, actions and remedies  provided  in  this  Article
26    shall  in  no  way  be  exclusive,  but shall be available in
27    addition to other actions and remedies of support, including,
28    but not by way of limitation, the remedies  provided  in  (a)
29    the  "Paternity  Act", approved July 5, 1957, as amended; (b)
30    the "Non-Support of Spouse and Children Act",  approved  June
31    24,  1915,  as amended; (b-5) the Non-Support Punishment Act;
32    and  (c)  the  "Revised  Uniform  Reciprocal  Enforcement  of
33    Support Act", approved August 28, 1969, as amended.
 
SB19 Enrolled              -34-               LRB9100065SMdvA
 1    (Source: P.A. 79-474.)

 2        (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
 3        Sec. 10-19.  (Support Payments Ordered Under Other Laws -
 4    Where  Deposited.)  The   Illinois   Department   and   local
 5    governmental   units   are  authorized  to  receive  payments
 6    directed by court order for the  support  of  recipients,  as
 7    provided in the following Acts:
 8        1.   "Non-Support  of  Spouse and Children Act", approved
 9    June 24, 1915, as amended,
10        1.5.  The Non-Support Punishment Act,
11        2.  "Illinois Marriage and Dissolution of Marriage  Act",
12    as now or hereafter amended,
13        3.  The Illinois Parentage Act, as amended,
14        4.   "Revised  Uniform  Reciprocal Enforcement of Support
15    Act", approved August 28, 1969, as amended,
16        5.  The Juvenile Court Act or the Juvenile Court  Act  of
17    1987, as amended,
18        6.  The  "Unified Code of Corrections", approved July 26,
19    1972, as amended,
20        7.  Part 7 of Article XII of the Code of Civil Procedure,
21    as amended,
22        8.  Part 8 of Article XII of the Code of Civil Procedure,
23    as amended, and
24        9.  Other laws which may provide by  judicial  order  for
25    direct payment of support moneys.
26        Payments  under  this  Section to the Illinois Department
27    pursuant to the Child Support Enforcement Program established
28    by Title IV-D of the Social Security Act shall be  paid  into
29    the  Child Support Enforcement Trust Fund. All other payments
30    under this  Section  to  the  Illinois  Department  shall  be
31    deposited  in  the  Public  Assistance Recoveries Trust Fund.
32    Disbursements from  these  funds  shall  be  as  provided  in
33    Sections  12-9 and 12-10.2 of this Code. Payments received by
 
SB19 Enrolled              -35-               LRB9100065SMdvA
 1    a local governmental unit shall be deposited in  that  unit's
 2    General Assistance Fund.
 3    (Source: P.A. 86-1028.)

 4        (305 ILCS 5/10-25)
 5        Sec.  10-25.  Administrative  liens  and  levies  on real
 6    property for past-due child support.
 7        (a)  The State  shall  have  a  lien  on  all  legal  and
 8    equitable  interests  of  responsible relatives in their real
 9    property in  the  amount  of  past-due  child  support  owing
10    pursuant to an order for child support entered under Sections
11    10-10  and 10-11 of this Code, or under the Illinois Marriage
12    and Dissolution of Marriage Act, the  Non-Support  of  Spouse
13    and Children Act, the Non-Support Punishment Act, the Uniform
14    Interstate  Family Support Act, or the Illinois Parentage Act
15    of 1984.
16        (b)  The Illinois Department shall provide  by  rule  for
17    notice  to and an opportunity to be heard by each responsible
18    relative affected,  and  any  final  administrative  decision
19    rendered  by  the  Illinois Department shall be reviewed only
20    under and in accordance with the Administrative Review Law.
21        (c)  When enforcing a lien under subsection (a)  of  this
22    Section,  the Illinois Department shall have the authority to
23    execute notices of administrative  liens  and  levies,  which
24    shall  contain  the  name  and  address  of  the  responsible
25    relative,  a  legal  description  of  the real property to be
26    levied, the fact that a lien is being  claimed  for  past-due
27    child  support,  and  such  other information as the Illinois
28    Department may by rule prescribe.   The  Illinois  Department
29    shall  record  the  notice  of  lien  with  the  recorder  or
30    registrar  of  titles  of the county or counties in which the
31    real estate is located.
32        (d)  The State's  lien  under  subsection  (a)  shall  be
33    enforceable  upon the recording or filing of a notice of lien
 
SB19 Enrolled              -36-               LRB9100065SMdvA
 1    with the recorder or registrar of titles  of  the  county  or
 2    counties in which the real estate is located.  The lien shall
 3    be  prior  to any lien thereafter recorded or filed and shall
 4    be  notice  to   a   subsequent   purchaser,   assignor,   or
 5    encumbrancer  of  the  existence and nature of the lien.  The
 6    lien shall be inferior to the lien of general taxes,  special
 7    assessment,  and special taxes heretofore or hereafter levied
 8    by any political subdivision or municipal corporation of  the
 9    State.
10        In the event that title to the land to be affected by the
11    notice  of  lien  is  registered  under the Registered Titles
12    (Torrens) Act, the notice shall be filed in the office of the
13    registrar of titles as a memorial or charge upon each  folium
14    of  the  register  of  titles affected by the notice; but the
15    State shall not have a preference over the rights of any bona
16    fide purchaser, mortgagee, judgment creditor, or  other  lien
17    holders registered prior to the registration of the notice.
18        (e)  The  recorder  or registrar of titles of each county
19    shall procure a file labeled "Child Support Lien Notices" and
20    an index book labeled "Child  Support  Lien  Notices".   When
21    notice  of any lien is presented to the recorder or registrar
22    of titles for filing, the recorder  or  registrar  of  titles
23    shall  file it in numerical order in the file and shall enter
24    it alphabetically in the index.  The  entry  shall  show  the
25    name  and  last  known  address  of  the  person named in the
26    notice, the serial number of the notice, the date and hour of
27    filing, and the amount of child support due at the time  when
28    the lien is filed.
29        (f)  The  Illinois  Department  shall  not be required to
30    furnish bond or make a deposit for or pay any costs  or  fees
31    of  any  court  or  officer  thereof  in any legal proceeding
32    involving the lien.
33        (g)  To protect the lien of the State for past-due  child
34    support,  the  Illinois  Department  may, from funds that are
 
SB19 Enrolled              -37-               LRB9100065SMdvA
 1    available for that purpose, pay or provide for the payment of
 2    necessary or essential repairs,  purchase  tax  certificates,
 3    pay  balances  due  on  land contracts, or pay or cause to be
 4    satisfied any prior liens on the property to which  the  lien
 5    hereunder applies.
 6        (h)  A  lien on real property under this Section shall be
 7    released pursuant to Section 12-101  of  the  Code  of  Civil
 8    Procedure.
 9        (i)  The  Illinois  Department,  acting  in behalf of the
10    State, may foreclose the lien in a judicial proceeding to the
11    same extent and in the same manner as in the  enforcement  of
12    other  liens.   The  process, practice, and procedure for the
13    foreclosure shall be the same as  provided  in  the  Code  of
14    Civil Procedure.
15    (Source: P.A. 90-18, eff. 7-1-97.)

16        (305 ILCS 5/10-25.5)
17        Sec.   10-25.5.  Administrative   liens   and  levies  on
18    personal property for past-due child support.
19        (a)  The State  shall  have  a  lien  on  all  legal  and
20    equitable   interests   of  responsible  relatives  in  their
21    personal property,  including  any  account  in  a  financial
22    institution as defined in Section 10-24, or in the case of an
23    insurance  company or benefit association only in accounts as
24    defined in Section 10-24, in the  amount  of  past-due  child
25    support  owing pursuant to an order for child support entered
26    under Sections 10-10 and 10-11 of this  Code,  or  under  the
27    Illinois  Marriage  and  Dissolution  of  Marriage  Act,  the
28    Non-Support  of  Spouse  and  Children  Act,  the Non-Support
29    Punishment Act, the Uniform Interstate Family Support Act, or
30    the Illinois Parentage Act of 1984.
31        (b)  The Illinois Department shall provide  by  rule  for
32    notice  to and an opportunity to be heard by each responsible
33    relative affected,  and  any  final  administrative  decision
 
SB19 Enrolled              -38-               LRB9100065SMdvA
 1    rendered  by  the  Illinois Department shall be reviewed only
 2    under and in accordance with the Administrative Review Law.
 3        (c)  When enforcing a lien under subsection (a)  of  this
 4    Section,  the Illinois Department shall have the authority to
 5    execute notices of administrative  liens  and  levies,  which
 6    shall  contain  the  name  and  address  of  the  responsible
 7    relative,  a  description  of  the property to be levied, the
 8    fact that a lien is being claimed for past-due child support,
 9    and such other information as the Illinois Department may  by
10    rule prescribe.  The Illinois Department may serve the notice
11    of  lien  or  levy  upon  any financial institution where the
12    accounts as defined  in  Section  10-24  of  the  responsible
13    relative  may  be  held,  for encumbrance or surrender of the
14    accounts  as  defined  in  Section  10-24  by  the  financial
15    institution.
16        (d)  The  Illinois  Department  shall  enforce  its  lien
17    against the responsible relative's personal  property,  other
18    than  accounts  as  defined  in  Section  10-24  in financial
19    institutions, and levy upon such  personal  property  in  the
20    manner  provided  for  enforcement  of judgments contained in
21    Article XII of the Code of Civil Procedure.
22        (e)  The Illinois Department shall  not  be  required  to
23    furnish  bond  or make a deposit for or pay any costs or fees
24    of any court or  officer  thereof  in  any  legal  proceeding
25    involving the lien.
26        (f)  To  protect the lien of the State for past-due child
27    support, the Illinois Department may,  from  funds  that  are
28    available for that purpose, pay or provide for the payment of
29    necessary or essential repairs, purchase tax certificates, or
30    pay  or cause to be satisfied any prior liens on the property
31    to which the lien hereunder applies.
32        (g)  A lien on personal property under this Section shall
33    be released in the manner provided under Article XII  of  the
34    Code  of  Civil  Procedure.  Notwithstanding the foregoing, a
 
SB19 Enrolled              -39-               LRB9100065SMdvA
 1    lien under this Section on accounts  as  defined  in  Section
 2    10-24 shall expire upon the passage of 120 days from the date
 3    of  issuance  of  the  Notice of Lien or Levy by the Illinois
 4    Department.  However, the lien shall remain in effect  during
 5    the pendency of any appeal or protest.
 6        (h)  A  lien created under this Section is subordinate to
 7    any prior lien of the financial institution or any prior lien
 8    holder or any prior  right  of  set-off  that  the  financial
 9    institution may have against the assets, or in the case of an
10    insurance company or benefit association only in the accounts
11    as defined in Section 10-24.
12        (i)  A financial institution has no obligation under this
13    Section to hold, encumber, or surrender the assets, or in the
14    case  of an insurance company or benefit association only the
15    accounts as defined in Section  10-24,  until  the  financial
16    institution   has  been  properly  served  with  a  subpoena,
17    summons,  warrant,  court   or   administrative   order,   or
18    administrative lien and levy requiring that action.
19    (Source: P.A. 90-18, eff. 7-1-97.)

20        (305 ILCS 5/12-4.7c)
21        Sec. 12-4.7c. Exchange of information after July 1, 1997.
22        (a)  The Department of Human Services shall exchange with
23    the Illinois Department of Public Aid information that may be
24    necessary for the enforcement of child support orders entered
25    pursuant to Sections 10-10 and 10-11 of this Code or pursuant
26    to the Illinois Marriage and Dissolution of Marriage Act, the
27    Non-Support  of  Spouse  and  Children  Act,  the Non-Support
28    Punishment Act, the Revised Uniform Reciprocal Enforcement of
29    Support Act, the Uniform Interstate Family  Support  Act,  or
30    the Illinois Parentage Act of 1984.
31        (b)   Notwithstanding  any provisions in this Code to the
32    contrary, the Department  of  Human  Services  shall  not  be
33    liable to any person for any disclosure of information to the
 
SB19 Enrolled              -40-               LRB9100065SMdvA
 1    Illinois Department of Public Aid under subsection (a) or for
 2    any  other  action  taken  in  good  faith to comply with the
 3    requirements of subsection (a).
 4    (Source: P.A. 90-18, eff. 7-1-97.)

 5        Section  940.   The  Vital  Records  Act  is  amended  by
 6    changing Section 24 as follows:

 7        (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
 8        Sec. 24.  (1)  To protect the integrity of vital records,
 9    to insure their proper use, and to insure the  efficient  and
10    proper  administration of the vital records system, access to
11    vital records, and indexes thereof, including  vital  records
12    in   the  custody  of  local  registrars  and  county  clerks
13    originating prior to January  1,  1916,  is  limited  to  the
14    custodian and his employees, and then only for administrative
15    purposes,  except  that  the  indexes of those records in the
16    custody of local registrars and  county  clerks,  originating
17    prior  to January 1, 1916, shall be made available to persons
18    for  the  purpose  of   genealogical   research.    Original,
19    photographic  or  microphotographic reproductions of original
20    records of births 100 years old and older and deaths 50 years
21    old and older, and marriage records 75 years old and older on
22    file in the State Office of Vital Records and in the  custody
23    of  the county clerks may be made available for inspection in
24    the Illinois State Archives reference area, Illinois Regional
25    Archives Depositories, and other libraries  approved  by  the
26    Illinois  State  Registrar  and  the Director of the Illinois
27    State   Archives,   provided   that   the   photographic   or
28    microphotographic copies are made at no cost to the county or
29    to the State of Illinois.  It is unlawful for  any  custodian
30    to permit inspection of, or to disclose information contained
31    in,  vital records, or to copy or permit to be copied, all or
32    part of any such record except as authorized by this  Act  or
 
SB19 Enrolled              -41-               LRB9100065SMdvA
 1    regulations adopted pursuant thereto.
 2        (2)  The  State Registrar of Vital Records, or his agent,
 3    and  any  municipal,  county,  multi-county,  public   health
 4    district,  or  regional  health  officer  recognized  by  the
 5    Department  may examine vital records for the purpose only of
 6    carrying out the public health programs and  responsibilities
 7    under his jurisdiction.
 8        (3)  The  State Registrar of Vital Records, may disclose,
 9    or authorize the disclosure of, data contained in  the  vital
10    records when deemed essential for bona fide research purposes
11    which are not for private gain.
12        This  amendatory  Act  of 1973 does not apply to any home
13    rule unit.
14        (4)  The State Registrar shall exchange with the Illinois
15    Department of Public Aid information that  may  be  necessary
16    for  the  establishment  of  paternity and the establishment,
17    modification, and enforcement of child support orders entered
18    pursuant to  the  Illinois  Public  Aid  Code,  the  Illinois
19    Marriage  and Dissolution of Marriage Act, the Non-Support of
20    Spouse and Children Act, the Non-Support Punishment Act,  the
21    Revised  Uniform  Reciprocal  Enforcement of Support Act, the
22    Uniform  Interstate  Family  Support  Act,  or  the  Illinois
23    Parentage Act of 1984. Notwithstanding any provisions in this
24    Act to the contrary, the State Registrar shall not be  liable
25    to  any  person  for  any  disclosure  of  information to the
26    Illinois Department of Public Aid under  this  subsection  or
27    for  any  other action taken in good faith to comply with the
28    requirements of this subsection.
29    (Source: P.A. 90-18, eff. 7-1-97.)

30        Section 945.  The Illinois Vehicle  Code  is  amended  by
31    changing  Sections  2-109.1, 7-701, 7-702, 7-702.1, and 7-703
32    and by  adding  Sections  7-702.2,  7-705.1  and  7-706.1  as
33    follows:
 
SB19 Enrolled              -42-               LRB9100065SMdvA
 1        (625 ILCS 5/2-109.1)
 2        Sec. 2-109.1.  Exchange of information.
 3        (a)  The  Secretary  of  State shall exchange information
 4    with the Illinois Department  of  Public  Aid  which  may  be
 5    necessary   for   the  establishment  of  paternity  and  the
 6    establishment, modification, and enforcement of child support
 7    orders pursuant to the Illinois Public Aid Code, the Illinois
 8    Marriage and Dissolution of Marriage Act, the Non-Support  of
 9    Spouse  and Children Act, the Non-Support Punishment Act, the
10    Revised Uniform Reciprocal Enforcement of  Support  Act,  the
11    Uniform  Interstate  Family  Support  Act,  or  the  Illinois
12    Parentage Act of 1984.
13        (b)  Notwithstanding  any  provisions in this Code to the
14    contrary, the Secretary of State shall not be liable  to  any
15    person  for  any  disclosure  of  information to the Illinois
16    Department of Public Aid under  subsection  (a)  or  for  any
17    other   action  taken  in  good  faith  to  comply  with  the
18    requirements of subsection (a).
19    (Source: P.A. 90-18, eff. 7-1-97.)

20        (625 ILCS 5/7-701)
21        Sec. 7-701.  Findings and purpose.  The General  Assembly
22    finds  that  the timely receipt of adequate financial support
23    has the effect of reducing poverty and State expenditures for
24    welfare  dependency  among  children,  and  that  the  timely
25    payment of  adequate  child  support  demonstrates  financial
26    responsibility.  Further, the General Assembly finds that the
27    State  has  a  compelling  interest  in ensuring that drivers
28    within  the  State  demonstrate   financial   responsibility,
29    including family financial responsibility, in order to safely
30    own  and operate a motor vehicle.  To this end, the Secretary
31    of State is authorized  to  establish  systems  a  system  to
32    suspend  driver's  licenses  for failure to comply with court
33    orders of support.
 
SB19 Enrolled              -43-               LRB9100065SMdvA
 1    (Source: P.A. 89-92, eff. 7-1-96.)

 2        (625 ILCS 5/7-702)
 3        Sec. 7-702.  Suspension of driver's license  for  failure
 4    to pay child support.
 5        (a)  The  Secretary  of  State shall suspend the driver's
 6    license issued to an obligor upon receiving an  authenticated
 7    report  provided for in subsection (a) of Section 7-703, that
 8    the person is 90 days or more  delinquent  in  court  ordered
 9    child  support payments or has been adjudicated in arrears in
10    an amount equal to 90 days obligation or more, and  has  been
11    found  in  contempt  by  the  court  for  failure  to pay the
12    support.
13        (b)  The Secretary of State shall  suspend  the  driver's
14    license  issued to an obligor upon receiving an authenticated
15    document provided for in subsection  (b)  of  Section  7-703,
16    that  the  person  has  been  adjudicated in arrears in court
17    ordered child support payments in an amount equal to 90  days
18    obligation  or  more,  but  has  not been held in contempt of
19    court, and that the  court  has  ordered  that  the  person's
20    driving  privileges  be  suspended.   The  obligor's driver's
21    license shall be suspended until such time as  the  Secretary
22    of   State  receives  authenticated  documentation  that  the
23    obligor is in compliance with the  court  order  of  support.
24    When  the  obligor  complies  with  the  court  ordered child
25    support  payments,  the  circuit  court  shall   report   the
26    obligor's  compliance  with the court order of support to the
27    Secretary of State, on a form prescribed by the Secretary  of
28    State, and shall order that the obligor's driver's license be
29    reinstated.
30    (Source: P.A. 89-92, eff. 7-1-96.)

31        (625 ILCS 5/7-702.1)
32        Sec.  7-702.1.  Family  financial  responsibility driving
 
SB19 Enrolled              -44-               LRB9100065SMdvA
 1    permits.  Following the entry of an order that an obligor has
 2    been found in contempt by the court for failure to pay  court
 3    ordered  child  support  payments  or  upon  a  motion by the
 4    obligor who is subject to having his or her driver's  license
 5    suspended  pursuant  to  subsection (b) of Section 7-703, the
 6    court may enter an order directing the Secretary of State  to
 7    issue  a  family  financial responsibility driving permit for
 8    the  purpose  of  providing  the  obligor  the  privilege  of
 9    operating a motor vehicle between the obligor's residence and
10    place of  employment,  or  within  the  scope  of  employment
11    related   duties;   or   for   the   purpose   of   providing
12    transportation  for  the  obligor  or  a  household member to
13    receive alcohol treatment, other drug treatment,  or  medical
14    care.  The court may enter an order directing the issuance of
15    a  permit  only if the obligor has proven to the satisfaction
16    of the court that no alternative means of transportation  are
17    reasonably  available  for  the  above  stated  purposes.  No
18    permit shall be issued to a person under the age of 16  years
19    who possesses an instruction permit.
20        Upon  entry of an order granting the issuance of a permit
21    to an obligor, the court shall report  this  finding  to  the
22    Secretary  of  State  on  a form prescribed by the Secretary.
23    This form shall state whether the permit has been granted for
24    employment or medical purposes  and  the  specific  days  and
25    hours for which limited driving privileges have been granted.
26        The  family financial responsibility driving permit shall
27    be subject to  cancellation,  invalidation,  suspension,  and
28    revocation  by  the Secretary of State in the same manner and
29    for the same reasons as a driver's license may be  cancelled,
30    invalidated, suspended, or revoked.
31        The Secretary of State shall, upon receipt of a certified
32    court  order  from  the court of jurisdiction, issue a family
33    financial responsibility driving permit. In  order  for  this
34    permit  to be issued, an individual's driving privileges must
 
SB19 Enrolled              -45-               LRB9100065SMdvA
 1    be valid  except  for  the  family  financial  responsibility
 2    suspension.  This  permit  shall be valid only for employment
 3    and medical purposes as set forth above.   The  permit  shall
 4    state the days and hours for which limited driving privileges
 5    have been granted.
 6        Any submitted court order that contains insufficient data
 7    or  fails to comply with any provision of this Code shall not
 8    be used  for  issuance  of  the  permit  or  entered  to  the
 9    individual's  driving  record  but  shall  be returned to the
10    court of jurisdiction indicating why  the  permit  cannot  be
11    issued  at that time.  The Secretary of State shall also send
12    notice of the return of the court  order  to  the  individual
13    requesting the permit.
14    (Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)

15        (625 ILCS 5/7-702.2 new)
16        Sec. 7-702.2.  Written agreement to pay past-due support.
17        (a)  An  obligor  who  is  presently  unable  to  pay all
18    past-due support and is subject to having his or her  license
19    suspended  pursuant  to  subsection  (b) of Section 7-703 may
20    come into compliance with the  court  order  for  support  by
21    executing a written payment agreement that is approved by the
22    court and by complying with that agreement.  A condition of a
23    written  payment  agreement  must be that the obligor pay the
24    current child support when due.   Before  a  written  payment
25    agreement is executed, the obligor shall:
26             (1)  Disclose  fully  to  the court in writing, on a
27        form prescribed by the  court,  the  obligor's  financial
28        circumstances, including income from all sources, assets,
29        liabilities, and work history for the past year; and
30             (2)  Provide  documentation  to the court concerning
31        the obligor's financial circumstances,  including  copies
32        of  the most recent State and federal income tax returns,
33        both personal and business; a copy of a recent  pay  stub
 
SB19 Enrolled              -46-               LRB9100065SMdvA
 1        representative  of  current  income;  and copies of other
 2        records that show the obligor's income  and  the  present
 3        level of assets held by the obligor.
 4        (b)  After  full  disclosure, the court may determine the
 5    obligor's ability to pay past-due support and may  approve  a
 6    written  payment  agreement  consistent  with  the  obligor's
 7    ability to pay, not to exceed the court-ordered support.

 8        (625 ILCS 5/7-703)
 9        Sec.  7-703.   Courts  to  report  non-payment  of  court
10    ordered support.
11        (a)  The  clerk  of  the  circuit  court,  as provided in
12    subsection (b) of Section 505 of the  Illinois  Marriage  and
13    Dissolution  of  Marriage Act or as provided in Section 15 of
14    the Illinois Parentage Act of  1984,  shall  forward  to  the
15    Secretary of State, on a form prescribed by the Secretary, an
16    authenticated   document   certifying   the   court's   order
17    suspending  the  driving  privileges of the obligor.  For any
18    such certification, the clerk of the court shall  charge  the
19    obligor a fee of $5 as provided in the Clerks of Courts Act.
20        (b)  If  an  obligor  has  been adjudicated in arrears in
21    court ordered child support payments in an amount equal to 90
22    days obligation or more but has not been held in contempt  of
23    court, the circuit court may order that the obligor's driving
24    privileges  be  suspended.   If the circuit court orders that
25    the obligor's  driving  privileges  be  suspended,  it  shall
26    forward  to  the  Secretary of State, on a form prescribed by
27    the  Secretary,  an  authenticated  document  certifying  the
28    court's  order  suspending  the  driving  privileges  of  the
29    obligor.  The authenticated document shall  be  forwarded  to
30    the  Secretary  of  State  by the court no later than 45 days
31    after entry of the order  suspending  the  obligor's  driving
32    privileges.
33    (Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
 
SB19 Enrolled              -47-               LRB9100065SMdvA
 1        (625 ILCS 5/7-705.1 new)
 2        Sec.  7-705.1.   Notice  of  noncompliance  with  support
 3    order.   Before  forwarding  to  the  Secretary  of State the
 4    authenticated document under subsection (b) of Section 7-703,
 5    the circuit court must serve notice upon the obligor  of  its
 6    intention to suspend the obligor's driver's license for being
 7    adjudicated   in  arrears  in  court  ordered  child  support
 8    payments in an amount  equal  to  90  days  obligation.   The
 9    notice must inform the obligor that:
10        (a)  If  the  obligor  is  presently  unable  to  pay all
11    past-due support, the obligor may come into  compliance  with
12    the  support  order  by executing a written payment agreement
13    with the court,  as  provided  in  Section  7-702.2,  and  by
14    complying with that agreement;
15        (b)  The obligor may contest the issue of compliance at a
16    hearing;
17        (c)  A  request for a hearing must be made in writing and
18    must be received by the clerk of the circuit court;
19        (d)  If the obligor does not request a hearing to contest
20    the issue of compliance within 45 days after  the  notice  of
21    noncompliance  is  mailed,  the  court  may  order  that  the
22    obligor's  driver's  license  be suspended as provided for in
23    subsection (b) of Section 7-703;
24        (e)  If the circuit court certifies the  obligor  to  the
25    Secretary  of  State  for  noncompliance  with  an  order  of
26    support,  the  Secretary  of  State must suspend any driver's
27    license or instruction  permit  the  obligor  holds  and  the
28    obligor's  right to apply for or obtain a driver's license or
29    instruction permit until the obligor  comes  into  compliance
30    with the order of support;
31        (f)  If the obligor files a motion to modify support with
32    the   court  or  requests  the  court  to  modify  a  support
33    obligation, the circuit court shall stay  action  to  certify
34    the  obligor to the Secretary of State for noncompliance with
 
SB19 Enrolled              -48-               LRB9100065SMdvA
 1    an order of support; and
 2        (g)  The obligor may comply with an order of  support  by
 3    doing all of the following:
 4             (1)  Paying the current support;
 5             (2)  Paying  all  past-due  support or, if unable to
 6        pay all past-due  support  and  a  periodic  payment  for
 7        past-due  support  has  not been ordered by the court, by
 8        making periodic payments in  accordance  with  a  written
 9        payment agreement approved by the court; and
10             (3)  Meeting    the   obligor's   health   insurance
11        obligation.
12        The notice must include the address and telephone  number
13    of  the  clerk of the circuit court. The clerk of the circuit
14    court shall attach a copy of the obligor's order  of  support
15    to  the notice.  The notice must be served by certified mail,
16    return receipt requested, by service in hand, or as specified
17    in the Code of Civil Procedure.

18        (625 ILCS 5/7-706.1 new)
19        Sec. 7-706.1.  Hearing for compliance with support order.
20        (a)  An obligor may request in writing to  the  clerk  of
21    the   circuit  court  a  hearing  to  contest  the  claim  of
22    noncompliance with  an  order  of  support  and  his  or  her
23    subsequent  driver's  license suspension under subsection (b)
24    of Section 7-702.
25        (b)  If a written request for a hearing  is  received  by
26    the  clerk  of  the  circuit  court, the clerk of the circuit
27    court shall set the hearing before the circuit court.
28        (c)  Upon the obligor's written request, the  court  must
29    set   a  date  for  a  hearing  and  afford  the  obligor  an
30    opportunity for a hearing as early as practical.
31        (d)  The  scope  of  this  hearing  is  limited  to   the
32    following issues:
33             (1)  Whether  the  obligor  is required to pay child
 
SB19 Enrolled              -49-               LRB9100065SMdvA
 1        support under an order of support.
 2             (2)  Whether the obligor  has  been  adjudicated  in
 3        arrears  in  court  ordered  child support payments in an
 4        amount equal to 90 days obligation or more.
 5             (3)  Any additional issues raised  by  the  obligor,
 6        including  the  reasonableness  of a payment agreement in
 7        light of the obligor's current  financial  circumstances,
 8        to be preserved for appeal.
 9        (e)  All  hearings  and  hearing  procedures shall comply
10    with requirements of the Illinois Constitution and the United
11    States Constitution, so that no person  is  deprived  of  due
12    process  of law nor denied equal protection of the laws.  All
13    hearings shall be held before a judge of the circuit court in
14    the county in which  the  support  order  has  been  entered.
15    Appropriate  records  of the hearings shall be kept.  Where a
16    transcript of the hearing is taken, the person requesting the
17    hearing shall have the opportunity to order  a  copy  of  the
18    transcript at his or her own expense.
19        (f)  The  action  of  the  circuit court resulting in the
20    suspension of any driver's license shall be a final  judgment
21    for purposes of appellate review.

22        Section  955.  The Unified Code of Corrections is amended
23    by changing Section 3-5-4 as follows:

24        (730 ILCS 5/3-5-4)
25        Sec. 3-5-4. Exchange of  information  for  child  support
26    enforcement.
27        (a)  The  Department  shall  exchange  with  the Illinois
28    Department of Public Aid information that  may  be  necessary
29    for  the enforcement of child support orders entered pursuant
30    to the Illinois Public Aid Code, the  Illinois  Marriage  and
31    Dissolution  of  Marriage  Act, the Non-Support of Spouse and
32    Children Act, the Non-Support  Punishment  Act,  the  Revised
 
SB19 Enrolled              -50-               LRB9100065SMdvA
 1    Uniform  Reciprocal  Enforcement  of Support Act, the Uniform
 2    Interstate Family Support Act, or the Illinois Parentage  Act
 3    of 1984.
 4        (b)  Notwithstanding  any  provisions in this Code to the
 5    contrary, the Department shall not be liable  to  any  person
 6    for  any disclosure of information to the Illinois Department
 7    of Public Aid under subsection (a) or for  any  other  action
 8    taken  in  good  faith  to  comply  with  the requirements of
 9    subsection (a).
10    (Source: P.A. 90-18, eff. 1-1-97.)

11        Section 960.  The Code of Civil Procedure is  amended  by
12    changing Sections 2-1403 and 12-819 as follows:

13        (735 ILCS 5/2-1403) (from Ch. 110, par. 2-1403)
14        Sec. 2-1403.  Judgment debtor as beneficiary of trust. No
15    court,  except  as  otherwise provided in this Section, shall
16    order the satisfaction of a judgment out of any property held
17    in trust for the judgment debtor if such trust has,  in  good
18    faith,  been  created  by,  or  the fund so held in trust has
19    proceeded from, a person  other  than  the  judgment  debtor.
20           The income or principal of a trust shall be subject to
21    withholding  for the purpose of securing collection of unpaid
22    child support obligations owed by the beneficiary as provided
23    in Section 4.1 of the "Non-Support  of  Spouse  and  Children
24    Act",  Section  22  of  the  Non-Support  Punishment Act, and
25    similar Sections of other Acts which provide for support of a
26    child as follows:
27        (1)  income  may  be  withheld  if  the  beneficiary   is
28    entitled  to  a  specified dollar amount or percentage of the
29    income of the trust, or is the sole income beneficiary; and
30        (2)  principal may be withheld if the beneficiary  has  a
31    right  to withdraw principal, but not in excess of the amount
32    subject  to  withdrawal  under  the  instrument,  or  if  the
 
SB19 Enrolled              -51-               LRB9100065SMdvA
 1    beneficiary is the only  beneficiary  to  whom  discretionary
 2    payments of principal may be made by the trustee.
 3    (Source: P.A. 85-1209.)

 4        (735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
 5        Sec.  12-819.   Limitations on part 8 of Article XII. The
 6    provisions of this Part 8 of Article XII of this Act  do  not
 7    apply  to  orders  for  withholding  of income entered by the
 8    court under provisions of The Illinois Public Aid  Code,  the
 9    Illinois  Marriage  and  Dissolution  of  Marriage  Act,  the
10    Non-Support  of  Spouse  and  Children  Act,  the Non-Support
11    Punishment Act, the Revised Uniform Reciprocal Enforcement of
12    Support Act and the Paternity Act for support of a  child  or
13    maintenance of a spouse.
14    (Source: P.A. 84-1043.)

15        Section 965.  The Illinois Wage Assignment Act is amended
16    by changing Section 11 as follows:

17        (740 ILCS 170/11) (from Ch. 48, par. 39.12)
18        Sec.  11.  The  provisions  of  this  Act do not apply to
19    orders for withholding of income entered by the  court  under
20    provisions  of  The  Illinois  Public  Aid Code, the Illinois
21    Marriage and Dissolution of Marriage Act, the Non-Support  of
22    Spouse  and Children Act, the Non-Support Punishment Act, the
23    Revised Uniform Reciprocal Enforcement of Support Act and the
24    Paternity Act for support of a  child  or  maintenance  of  a
25    spouse.
26    (Source: P.A. 83-658.)

27        Section  970.   The  Illinois Marriage and Dissolution of
28    Marriage Act is amended by changing Section 713 as follows:

29        (750 ILCS 5/713) (from Ch. 40, par. 713)
 
SB19 Enrolled              -52-               LRB9100065SMdvA
 1        Sec. 713.  Attachment of  the  Body.   As  used  in  this
 2    Section, "obligor" has the same meaning ascribed to such term
 3    in the Income Withholding for Support Act.
 4        (a)  In  any  proceeding to enforce an order for support,
 5    where the obligor has failed to appear in court  pursuant  to
 6    order  of  court  and after due notice thereof, the court may
 7    enter an order for the attachment of the body of the obligor.
 8    Notices under this Section shall be served upon  the  obligor
 9    either (1) by prepaid certified mail with delivery restricted
10    to  the  obligor,  or (2) by personal service on the obligor.
11    The attachment order shall fix an amount of escrow  which  is
12    equal  to  a  minimum  of  20%  of  the  total  child support
13    arrearage alleged by the obligee in sworn testimony to be due
14    and owing.  The attachment order shall direct the Sheriff  of
15    any  county  in Illinois to take the obligor into custody and
16    shall set the number of days following release  from  custody
17    for a hearing to be held at which the obligor must appear, if
18    he is released under subsection (c) of this Section.
19        (b)  If  the  obligor  is taken into custody, the Sheriff
20    shall take the obligor before the  court  which  entered  the
21    attachment  order.   However,  the  Sheriff  may  release the
22    person after he or she has deposited  the  amount  of  escrow
23    ordered  by  the  court  pursuant to local procedures for the
24    posting of bond.  The Sheriff shall advise the obligor of the
25    hearing date at which the obligor is required to appear.
26        (c)  Any escrow deposited pursuant to this Section  shall
27    be  transmitted  to  the  Clerk  of the Circuit Court for the
28    county in which the order for attachment of the body  of  the
29    obligor  was entered.  Any Clerk who receives money deposited
30    into  escrow  pursuant  to  this  Section  shall  notify  the
31    obligee, public office or legal counsel whose name appears on
32    the attachment order of the court date at which  the  obligor
33    is  required  to appear and the amount deposited into escrow.
34    The Clerk shall disburse such money to the obligee only under
 
SB19 Enrolled              -53-               LRB9100065SMdvA
 1    an order from the court that  entered  the  attachment  order
 2    pursuant to this Section.
 3        (d)  Whenever an obligor is taken before the court by the
 4    Sheriff,  or appears in court after the court has ordered the
 5    attachment of his body, the court shall:
 6             (1)  hold a hearing on  the  complaint  or  petition
 7        that  gave rise to the attachment order.  For purposes of
 8        determining arrearages that are  due  and  owing  by  the
 9        obligor,  the  court  shall  accept  the  previous  sworn
10        testimony  of  the  obligee as true and the appearance of
11        the obligee  shall  not  be  required.  The  court  shall
12        require  sworn  testimony of the obligor as to his or her
13        Social  Security   number,   income,   employment,   bank
14        accounts,  property  and any other assets.  If there is a
15        dispute as to the total amount of arrearages,  the  court
16        shall  proceed  as in any other case as to the undisputed
17        amounts; and
18             (2)  order  the  Clerk  of  the  Circuit  Court   to
19        disburse  to  the  obligee or public office money held in
20        escrow pursuant to this Section if the court  finds  that
21        the  amount  of  arrearages  exceeds  the  amount  of the
22        escrow.  Amounts received by the obligee or public office
23        shall be deducted from the amount of the arrearages.
24        (e)  If the obligor fails to appear in court after  being
25    notified  of  the court date by the Sheriff upon release from
26    custody, the court shall  order  any  monies  deposited  into
27    escrow  to  be  immediately released to the obligee or public
28    office and shall proceed under subsection (a) of this Section
29    by entering another order for the attachment of the  body  of
30    the obligor.
31        (f)  This  Section  shall  apply to any order for support
32    issued  under  the  "Illinois  Marriage  and  Dissolution  of
33    Marriage Act", approved September 22, 1977, as  amended;  the
34    "Illinois  Parentage Act of 1984", effective July 1, 1985, as
 
SB19 Enrolled              -54-               LRB9100065SMdvA
 1    amended;  the  "Revised  Uniform  Reciprocal  Enforcement  of
 2    Support Act", approved August  28,  1969,  as  amended;  "The
 3    Illinois  Public  Aid  Code",  approved  April  11,  1967, as
 4    amended; the Non-Support Punishment Act; and the "Non-support
 5    of Spouse and  Children  Act",  approved  June  8,  1953,  as
 6    amended.
 7        (g)  Any  escrow established pursuant to this Section for
 8    the purpose of providing support shall not be subject to fees
 9    collected by the Clerk of the Circuit  Court  for  any  other
10    escrow.
11    (Source: P.A. 90-673, eff. 1-1-99.)

12        Section  975.   The Uniform Interstate Family Support Act
13    is amended by changing Section 101 as follows:

14        (750 ILCS 22/101)
15        Sec. 101.  Definitions.  In this Act:
16        "Child" means an individual, whether over  or  under  the
17    age  of 18, who is or is alleged to be owed a duty of support
18    by the individual's parent or who is or is alleged to be  the
19    beneficiary of a support order directed to the parent.
20        "Child-support  order" means a support order for a child,
21    including a child who has attained the age of 18.
22        "Duty  of  support"  means  an  obligation   imposed   or
23    imposable  by  law to provide support for a child, spouse, or
24    former spouse including an unsatisfied obligation to  provide
25    support.
26        "Home state" means the state in which a child lived  with
27    a  parent  or  a  person  acting  as  parent  for  at least 6
28    consecutive months immediately preceding the time  of  filing
29    of  a  petition  or comparable pleading for support, and if a
30    child is less than 6 months old, the state in which the child
31    lived from birth with any of them.   A  period  of  temporary
32    absence  of  any of them is counted as part of the 6-month or
 
SB19 Enrolled              -55-               LRB9100065SMdvA
 1    other period.
 2        "Income" includes earnings or other periodic entitlements
 3    to money from any source and any other  property  subject  to
 4    withholding for support under the law of this State.
 5        "Income-withholding  order" means an order or other legal
 6    process directed to an obligor's employer or other debtor, as
 7    defined by the Illinois Marriage and Dissolution of  Marriage
 8    Act,   the  Non-Support  of  Spouse  and  Children  Act,  the
 9    Non-Support Punishment Act, the Illinois Public Aid Code, and
10    the Illinois Parentage Act of 1984, to withhold support  from
11    the income of the obligor.
12        "Initiating  state" means a state from which a proceeding
13    is forwarded or in which a proceeding is filed for forwarding
14    to a responding state under this Act or a  law  or  procedure
15    substantially similar to this Act.
16        "Initiating tribunal" means the authorized tribunal in an
17    initiating state.
18        "Issuing  state"  means  the  state  in  which a tribunal
19    issues a support order  or  renders  a  judgment  determining
20    parentage.
21        "Issuing  tribunal"  means  the  tribunal  that  issues a
22    support order or renders a judgment determining parentage.
23        "Obligee" means:
24             (i)  an individual to whom a duty of support  is  or
25        is  alleged  to be owed or in whose favor a support order
26        has been  issued or a judgment determining parentage  has
27        been rendered;
28             (ii)  a  state or political subdivision to which the
29        rights under a duty of support or support order have been
30        assigned  or  which  has  independent  claims  based   on
31        financial  assistance  provided to an individual obligee;
32        or
33             (iii)  an individual seeking a judgment  determining
34        parentage of the individual's child.
 
SB19 Enrolled              -56-               LRB9100065SMdvA
 1        "Obligor"  means  an  individual,  or  the  estate  of  a
 2    decedent:  (i)   who  owes  or  is  alleged  to owe a duty of
 3    support; (ii) who is alleged but has not been adjudicated  to
 4    be  a  parent  of  a  child;  or (iii)  who is liable under a
 5    support order.
 6        "Register" means to record a support  order  or  judgment
 7    determining  parentage in the appropriate Registry of Foreign
 8    Support Orders.
 9        "Registering  tribunal"  means  a  tribunal  in  which  a
10    support order is registered.
11        "Responding state" means a state in which a proceeding is
12    filed or to which a proceeding is forwarded for  filing  from
13    an  initiating  state  under  this  Act or a law or procedure
14    substantially similar to this Act.
15        "Responding tribunal" means the authorized tribunal in  a
16    responding state.
17        "Spousal-support  order"  means  a  support  order  for a
18    spouse or former spouse of the obligor.
19        "State" means a state of the United States, the  District
20    of  Columbia,  Puerto Rico, the United States Virgin Islands,
21    or  any  territory  or  insular  possession  subject  to  the
22    jurisdiction of the United States.  The term includes:
23             (i)  an Indian tribe; and
24             (ii)  a foreign jurisdiction that has enacted a  law
25        or established procedures for issuance and enforcement of
26        support  orders  which  are  substantially similar to the
27        procedures  under  this  Act,  the   Uniform   Reciprocal
28        Enforcement  of  Support  Act,  or  the  Revised  Uniform
29        Reciprocal Enforcement of Support Act.
30        "Support  enforcement  agency" means a public official or
31    agency authorized to seek:
32        (1)  enforcement of support orders or  laws  relating  to
33    the duty of support;
34        (2)  establishment or modification of child support;
 
SB19 Enrolled              -57-               LRB9100065SMdvA
 1        (3)  determination of parentage; or
 2        (4)  to locate obligors or their assets.
 3        "Support  order"  means  a  judgment,  decree,  or order,
 4    whether temporary, final, or subject to modification, for the
 5    benefit of a child, a  spouse,  or  a  former  spouse,  which
 6    provides  for  monetary  support, health care, arrearages, or
 7    reimbursement,  and  may  include  related  costs  and  fees,
 8    interest, income  withholding,  attorney's  fees,  and  other
 9    relief.
10        "Tribunal"  means  a  court,  administrative  agency,  or
11    quasi-judicial  entity  authorized  to establish, enforce, or
12    modify support orders or to determine parentage.
13    (Source: P.A. 90-240, eff. 7-28-97.)

14        Section 980.  The  Illinois  Parentage  Act  of  1984  is
15    amended by changing Section 6 as follows:

16        (750 ILCS 45/6) (from Ch. 40, par. 2506)
17        Sec.  6.   Establishment of Parent and Child Relationship
18    by Consent of the Parties.
19        (a)  A parent and child relationship may  be  established
20    voluntarily  by  the  signing  and  witnessing of a voluntary
21    acknowledgment of parentage in accordance with Section 12  of
22    the  Vital  Records  Act  or  Section 10-17.7 of the Illinois
23    Public Aid Code. The voluntary  acknowledgment  of  parentage
24    shall  contain  the  social  security  numbers of the persons
25    signing the voluntary acknowledgment of  parentage;  however,
26    failure to include the social security numbers of the persons
27    signing  a  voluntary  acknowledgment  of  parentage does not
28    invalidate the voluntary acknowledgment of parentage.
29        (b)  Notwithstanding any other provisions  of  this  Act,
30    paternity  established  in accordance with subsection (a) has
31    the full force and effect of a judgment  entered  under  this
32    Act  and  serves as a basis for seeking a child support order
 
SB19 Enrolled              -58-               LRB9100065SMdvA
 1    without any further proceedings to establish paternity.
 2        (c)  A judicial or administrative  proceeding  to  ratify
 3    paternity  established  in  accordance with subsection (a) is
 4    neither required nor permitted.
 5        (d)  A signed acknowledgment of paternity  entered  under
 6    this  Act  may  be  challenged  in court only on the basis of
 7    fraud, duress, or material mistake of fact, with  the  burden
 8    of  proof upon the challenging party.  Pending outcome of the
 9    challenge to  the  acknowledgment  of  paternity,  the  legal
10    responsibilities  of  the  signatories  shall  remain in full
11    force and effect, except upon  order  of  the  court  upon  a
12    showing of good cause.
13        (e)  Once  a parent and child relationship is established
14    in accordance with subsection (a), an order for  support  may
15    be  established  pursuant to a petition to establish an order
16    for support by consent filed with the clerk  of  the  circuit
17    court.   A  copy  of the properly completed acknowledgment of
18    parentage form  shall  be  attached  to  the  petition.   The
19    petition  shall ask that the circuit court enter an order for
20    support.  The petition may ask that an order for  visitation,
21    custody,   or   guardianship  be  entered.   The  filing  and
22    appearance fees provided under the Clerks of Courts Act shall
23    be waived  for  all  cases  in  which  an  acknowledgment  of
24    parentage form has been properly completed by the parties and
25    in  which  a  petition  to  establish an order for support by
26    consent has been filed with the clerk of the  circuit  court.
27    This subsection shall not be construed to prohibit filing any
28    petition for child support, visitation, or custody under this
29    Act,  the  Illinois Marriage and Dissolution of Marriage Act,
30    or the Non-Support Punishment of  Spouse  and  Children  Act.
31    This  subsection  shall  also not be construed to prevent the
32    establishment of an administrative  support  order  in  cases
33    involving   persons   receiving   child  support  enforcement
34    services under Article X of the Illinois Public Aid Code.
 
SB19 Enrolled              -59-               LRB9100065SMdvA
 1    (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)

 2        Section 985.  The Business Corporation  Act  of  1983  is
 3    amended by changing Section 1.25 as follows:

 4        (805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
 5        Sec.   1.25.    List   of   corporations;   exchange   of
 6    information.
 7        (a)  The  Secretary  of  State  shall publish each year a
 8    list  of  corporations  filing  an  annual  report  for   the
 9    preceding year in accordance with the provisions of this Act,
10    which  report shall state the name of the corporation and the
11    respective names and addresses of the  president,  secretary,
12    and   registered   agent  thereof  and  the  address  of  the
13    registered office in this State of each such corporation. The
14    Secretary of State shall furnish without  charge  a  copy  of
15    such  report  to  each  recorder  of  this State, and to each
16    member of the General Assembly and to each  State  agency  or
17    department requesting the same. The Secretary of State shall,
18    upon  receipt of a written request and a fee as determined by
19    the Secretary, furnish such report to anyone else.
20        (b) (1)  The Secretary of State  shall  publish  daily  a
21    list  of  all newly formed corporations, business and not for
22    profit, chartered by him on that day issued after receipt  of
23    the  application.   The  daily  list  shall  contain the same
24    information as to each corporation as  is  provided  for  the
25    corporation  list  published  under  subsection  (a)  of this
26    Section. The daily list may be obtained  at  the  Secretary's
27    office  by any person, newspaper, State department or agency,
28    or local government for a reasonable charge to be  determined
29    by  the  Secretary.  Inspection of the daily list may be made
30    at  the  Secretary's  office  during  normal  business  hours
31    without charge by any person, newspaper, State department  or
32    agency, or local government.
 
SB19 Enrolled              -60-               LRB9100065SMdvA
 1        (2)  The Secretary shall compile the daily list mentioned
 2    in  paragraph  (1) of subsection (b) of this Section monthly,
 3    or more often at the Secretary's discretion. The  compilation
 4    shall  be  immediately  mailed  free  of  charge to all local
 5    governments   requesting   in   writing   receipt   of   such
 6    publication,  or  shall  be  automatically  mailed   by   the
 7    Secretary  without  charge to local governments as determined
 8    by the Secretary.  The Secretary shall mail  a  copy  of  the
 9    compilations  free  of  charge  to  all  State departments or
10    agencies  making  a  written  request.   A  request   for   a
11    compilation of the daily list once made by a local government
12    or  State  department or agency need not be renewed. However,
13    the Secretary may request from time to time whether the local
14    governments  or  State  departments  or  agencies  desire  to
15    continue receiving the compilation.
16        (3)  The compilations of  the  daily  list  mentioned  in
17    paragraph  (2)  of  subsection  (b)  of this Section shall be
18    mailed to newspapers, or any other person not included  as  a
19    recipient in paragraph (2) of subsection (b) of this Section,
20    upon receipt of a written application signed by the applicant
21    and  accompanied by the payment of a fee as determined by the
22    Secretary.
23        (c)  If a domestic or foreign corporation has filed  with
24    the  Secretary  of  State  an annual report for the preceding
25    year or has been newly formed or  is  otherwise  and  in  any
26    manner  registered with the Secretary of State, the Secretary
27    of State shall  exchange  with  the  Illinois  Department  of
28    Public  Aid  any information concerning that corporation that
29    may be necessary for the enforcement of child support  orders
30    entered  pursuant  to  the  Illinois  Public  Aid  Code,  the
31    Illinois  Marriage  and  Dissolution  of  Marriage  Act,  the
32    Non-Support  of  Spouse  and  Children  Act,  the Non-Support
33    Punishment Act, the Revised Uniform Reciprocal Enforcement of
34    Support Act, the Uniform Interstate Family  Support  Act,  or
 
SB19 Enrolled              -61-               LRB9100065SMdvA
 1    the Illinois Parentage Act of 1984.
 2        Notwithstanding   any  provisions  in  this  Act  to  the
 3    contrary, the Secretary of State shall not be liable  to  any
 4    person  for  any  disclosure  of  information to the Illinois
 5    Department of Public Aid under this subsection   or  for  any
 6    other   action  taken  in  good  faith  to  comply  with  the
 7    requirements of this subsection.
 8    (Source: P.A. 90-18, eff. 7-1-97.)

 9        Section  990.   The  Limited  Liability  Company  Act  is
10    amended by changing Section 50-5 as follows:

11        (805 ILCS 180/50-5)
12        Sec. 50-5.  List of limited liability companies; exchange
13    of information.
14        (a)  The Secretary of State may publish a list  or  lists
15    of  limited liability companies and foreign limited liability
16    companies, as often, in the format, and for the fees  as  the
17    Secretary  of  State  may in his or her discretion provide by
18    rule. The Secretary  of  State  may  disseminate  information
19    concerning  limited  liability  companies and foreign limited
20    liability companies by computer network in the format and for
21    the fees as may be determined by rule.
22        (b)  Upon  written  request,  any  list  published  under
23    subsection (a) shall be free to each member  of  the  General
24    Assembly,  to  each  State  agency or department, and to each
25    recorder in this State. An  appropriate  fee  established  by
26    rule to cover the cost of producing the list shall be charged
27    to all others.
28        (c)  If  a  domestic or foreign limited liability company
29    has filed with the Secretary of State an  annual  report  for
30    the  preceding  year or has been newly formed or is otherwise
31    and in any manner registered with the Secretary of State, the
32    Secretary  of  State  shall  exchange   with   the   Illinois
 
SB19 Enrolled              -62-               LRB9100065SMdvA
 1    Department  of  Public  Aid  any  information concerning that
 2    limited liability company  that  may  be  necessary  for  the
 3    enforcement  of  child support orders entered pursuant to the
 4    Illinois  Public  Aid  Code,  the   Illinois   Marriage   and
 5    Dissolution  of  Marriage  Act, the Non-Support of Spouse and
 6    Children Act, the Non-Support  Punishment  Act,  the  Revised
 7    Uniform  Reciprocal  Enforcement  of Support Act, the Uniform
 8    Interstate Family Support Act, or the Illinois Parentage  Act
 9    of 1984.
10        Notwithstanding   any  provisions  in  this  Act  to  the
11    contrary, the Secretary of State shall not be liable  to  any
12    person  for  any  disclosure  of  information to the Illinois
13    Department of Public Aid under this subsection   or  for  any
14    other   action  taken  in  good  faith  to  comply  with  the
15    requirements of this subsection.
16    (Source: P.A. 90-18, eff. 7-1-97.)

17        (750 ILCS 15/Act rep.)
18        Section 992. Repealer.  The  Non-Support  of  Spouse  and
19    Children Act is repealed.

20        Section  995.   Certain  actions  to  be determined under
21    prior  law.   An  action  that  was   commenced   under   the
22    Non-Support  of Spouse and Children Act and is pending on the
23    effective date of this Act shall  be  decided  in  accordance
24    with the Non-Support of Spouse and Children Act as it existed
25    immediately before its repeal by this Act.

26        Section  999.   Effective date.  This Act takes effect on
27    October 1, 1999, except that Section 945 takes effect July 1,
28    2000.

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