Public Act 93-0116

HB0016 Enrolled                      LRB093 02284 DRJ 02292 b

    AN ACT regarding child support.

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

    Section  5.  The  Illinois  Public Aid Code is amended by
changing Section 10-3.3 as follows:

    (305 ILCS 5/10-3.3)
    Sec.  10-3.3.  Locating  support  obligor   and   others;
penalties.
    (a)  Upon  request  by the Child and Spouse Support Unit,
may request and receive from  employers,  labor  unions,  and
telephone  companies  shall  provide,  and  utility companies
location  information   concerning   putative   fathers   and
noncustodial  parents  for  the  purpose  of  establishing  a
child's  paternity or establishing, enforcing, or modifying a
child  support  obligation.   In  this   Section,   "location
information"   means   information  about  (i)  the  physical
whereabouts of a putative father or noncustodial parent, (ii)
the putative father or  noncustodial  parent's  employer,  or
(iii)  the salary, wages, and other compensation paid and the
health insurance coverage provided to the putative father  or
noncustodial parent by the employer of the putative father or
noncustodial parent or by a labor union of which the putative
father or noncustodial parent is a member.
    An  The  employer,  of  a putative father or noncustodial
parent or the labor union, or telephone company of which  the
putative  father  or  noncustodial  parent  is a member shall
respond to the request of the Child and Spouse  Support  Unit
within  15  days  after receiving the employer or labor union
receives the request.   Any  employer,  or  labor  union,  or
telephone  company  that  willfully  fails  to  fully respond
within the 15-day period shall be subject  to  a  penalty  of

$100  for  each  day that the response is not provided to the
Illinois Department after the 15-day period has expired.  The
penalty may be collected in a  civil  action,  which  may  be
brought  against  the  employer, or labor union, or telephone
company in favor of the Illinois Department.
    (b)  Upon being served with an administrative subpoena as
authorized under  this  Code,  a  utility  company  or  cable
television  company  must provide location information to the
Child and Spouse Support Unit for the purpose of establishing
a child's paternity or establishing, enforcing, or  modifying
a  child  support  obligation.  Pursuant to an administrative
subpoena as authorized under this Code, the Child and  Spouse
Support  Unit  may request and receive from utility companies
and   cable   television   companies   location   information
concerning individuals who owe or are owed support or against
whom or with respect to whom a support obligation is sought.
    (c)  Notwithstanding the provisions of any other State or
local  law  to  the  contrary,  an  employer,  labor   union,
telephone  company,  utility  company,  or  cable  television
company  shall  not be liable to any person for disclosure of
location information under the requirements of this  Section,
except for willful and wanton misconduct.
(Source: P.A. 89-395, eff. 1-1-96; 90-18, eff. 7-1-97.)

    Section  10.  The  Illinois  Marriage  and Dissolution of
Marriage Act is amended by adding Section 714 as follows:

    (750 ILCS 5/714 new)
    Sec. 714.  Information to  locate  putative  fathers  and
noncustodial parents.
    (a)  Upon  request  by  a public office, employers, labor
unions,  and  telephone  companies  shall  provide   location
information  concerning  putative  fathers  and  noncustodial
parents  for  the purpose of establishing a child's paternity
or establishing, enforcing,  or  modifying  a  child  support
obligation.  The term "public office" is defined as set forth
in the Income Withholding for Support Act. In  this  Section,
"location   information"  means  information  about  (i)  the
physical whereabouts of a  putative  father  or  noncustodial
parent,   (ii)   the  employer  of  the  putative  father  or
noncustodial parent, or (iii) the salary,  wages,  and  other
compensation  paid and the health insurance coverage provided
to the putative father or noncustodial parent by the employer
of the putative father or noncustodial parent or by  a  labor
union  of which the putative father or noncustodial parent is
a member. An employer,  labor  union,  or  telephone  company
shall  respond  to the request of the public office within 15
days after receiving the request. Any employer, labor  union,
or  telephone  company  that willfully fails to fully respond
within the 15-day period shall be subject  to  a  penalty  of
$100  for  each  day that the response is not provided to the
public office  after  the  15-day  period  has  expired.  The
penalty  may  be  collected  in  a civil action, which may be
brought against  the  employer,  labor  union,  or  telephone
company in favor of the public office.
    (b)  Upon  being  served  with  a  subpoena (including an
administrative subpoena as  authorized  by  law),  a  utility
company  or  cable  television  company must provide location
information  to  a  public  office   for   the   purpose   of
establishing  a child's paternity or establishing, enforcing,
or modifying a child support obligation.
    (c)  Notwithstanding the provisions of any other State or
local  law  to  the  contrary,  an  employer,  labor   union,
telephone  company,  utility  company,  or  cable  television
company  shall  not be liable to any person for disclosure of
location information under the requirements of this  Section,
except for willful and wanton misconduct.
    Section 15.  The Non-Support Punishment Act is amended by
adding Section 33 as follows:

    (750 ILCS 16/33 new)
    Sec.  33.  Information  to  locate  putative  fathers and
noncustodial parents.
    (a)  Upon request by a public  office,  employers,  labor
unions,   and  telephone  companies  shall  provide  location
information  concerning  putative  fathers  and  noncustodial
parents for the purpose of establishing a  child's  paternity
or  establishing,  enforcing,  or  modifying  a child support
obligation. The term "public office" is defined as set  forth
in  the  Income Withholding for Support Act. In this Section,
"location  information"  means  information  about  (i)   the
physical  whereabouts  of  a  putative father or noncustodial
parent,  (ii)  the  employer  of  the  putative   father   or
noncustodial  parent,  or  (iii) the salary, wages, and other
compensation paid and the health insurance coverage  provided
to the putative father or noncustodial parent by the employer
of  the  putative father or noncustodial parent or by a labor
union of which the putative father or noncustodial parent  is
a  member.  An  employer,  labor  union, or telephone company
shall respond to the request of the public office  within  15
days  after receiving the request. Any employer, labor union,
or telephone company that willfully fails  to  fully  respond
within  the  15-day  period  shall be subject to a penalty of
$100 for each day that the response is not  provided  to  the
public  office  after  the  15-day  period  has  expired. The
penalty may be collected in a  civil  action,  which  may  be
brought  against  the  employer,  labor  union,  or telephone
company in favor of the public office.
    (b)  Upon being served  with  a  subpoena  (including  an
administrative  subpoena  as  authorized  by  law), a utility
company or cable television  company  must  provide  location
information   to   a   public   office  for  the  purpose  of
establishing a child's paternity or establishing,  enforcing,
or modifying a child support obligation.
    (c)  Notwithstanding the provisions of any other State or
local   law  to  the  contrary,  an  employer,  labor  union,
telephone  company,  utility  company,  or  cable  television
company shall not be liable to any person for  disclosure  of
location  information under the requirements of this Section,
except for willful and wanton misconduct.

    Section  20.  The  Illinois  Parentage  Act  of  1984  is
amended by adding Section 14.5 as follows:

    (750 ILCS 45/14.5 new)
    Sec. 14.5.  Information to locate  putative  fathers  and
noncustodial parents.
    (a)  Upon  request  by  a public office, employers, labor
unions,  and  telephone  companies  shall  provide   location
information  concerning  putative  fathers  and  noncustodial
parents  for  the purpose of establishing a child's paternity
or establishing, enforcing,  or  modifying  a  child  support
obligation.  The term "public office" is defined as set forth
in the Income Withholding for Support Act. In  this  Section,
"location   information"  means  information  about  (i)  the
physical whereabouts of a  putative  father  or  noncustodial
parent,   (ii)   the  employer  of  the  putative  father  or
noncustodial parent, or (iii) the salary,  wages,  and  other
compensation  paid and the health insurance coverage provided
to the putative father or noncustodial parent by the employer
of the putative father or noncustodial parent or by  a  labor
union  of which the putative father or noncustodial parent is
a member.  An employer, labor  union,  or  telephone  company
shall  respond  to the request of the public office within 15
days after receiving the request. Any employer, labor  union,
or  telephone  company  that willfully fails to fully respond
within the 15-day period shall be subject  to  a  penalty  of
$100  for  each  day that the response is not provided to the
public office  after  the  15-day  period  has  expired.  The
penalty  may  be  collected  in  a civil action, which may be
brought against  the  employer,  labor  union,  or  telephone
company in favor of the public office.
    (b)  Upon  being  served  with  a  subpoena (including an
administrative subpoena as  authorized  by  law),  a  utility
company  or  cable  television  company must provide location
information  to  a  public  office   for   the   purpose   of
establishing  a child's paternity or establishing, enforcing,
or modifying a child support obligation.
    (c)  Notwithstanding the provisions of any other State or
local  law  to  the  contrary,  an  employer,  labor   union,
telephone  company,  utility  company,  or  cable  television
company  shall  not be liable to any person for disclosure of
location information under the requirements of this  Section,
except for willful and wanton misconduct.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.