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| Public Act 100-0487 | ||||
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AN ACT concerning public aid.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Public Aid Code is amended by | ||||
changing Section 10-3.3 as follows:
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(305 ILCS 5/10-3.3)
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Sec. 10-3.3. Locating support obligor and others; | ||||
penalties.
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(a) Upon request by the Child and Spouse Support Unit, | ||||
employers, labor
unions, cellular telephone companies, and | ||||
telephone companies shall
provide
location information | ||||
concerning putative fathers and noncustodial parents for
the | ||||
purpose of establishing a child's paternity or establishing, | ||||
enforcing, or
modifying a child support obligation. In this | ||||
Section, "location information"
means information about (i) | ||||
the physical whereabouts, including, but not limited to, the | ||||
home address, home telephone number, cellular telephone | ||||
number, and e-mail address of a putative father or
noncustodial | ||||
parent, (ii) the putative father or noncustodial parent's
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employer, or
(iii) the salary, wages, and other
compensation | ||||
paid and the health insurance coverage provided to the putative
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father or noncustodial parent by the employer of the putative | ||||
father or
noncustodial parent
or by a labor union of which the | ||||
putative father or noncustodial parent is a
member. As used in | ||
this Section, "cellular telephone company" includes a cellular | ||
telephone or wireless carrier or provider, but does not include | ||
a pre-paid wireless carrier or provider. As used in this | ||
Section, "physical whereabouts" does not include real time or | ||
historical location tracking information.
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An employer, labor union, cellular telephone company, or | ||
telephone company shall respond to
the request of the Child and | ||
Spouse Support Unit within 15 days after
receiving the request. | ||
Any
employer, labor union, cellular telephone company, or | ||
telephone company that
willfully fails to fully respond within | ||
the 15-day period shall be subject to a
penalty of $100 for | ||
each day that the response is not provided to the Illinois
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Department after the 15-day period has expired. The penalty may | ||
be collected
in a civil action, which may be brought against | ||
the employer, labor
union, cellular telephone company, or | ||
telephone company in
favor of the Illinois Department.
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(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
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Child and Spouse
Support Unit for the purpose of establishing a | ||
child's paternity or
establishing, enforcing, or
modifying a | ||
child support obligation.
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(c) Notwithstanding the provisions of any other State or | ||
local law to the
contrary, an
employer, labor union, cellular | ||
telephone company, telephone company, utility company, or | ||
cable television
company shall
not be liable to any person for | ||
disclosure of location information under the
requirements of | ||
this
Section, except for willful and wanton misconduct.
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(Source: P.A. 93-116, eff. 7-10-03.)
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