Public Act 098-0318
 
HB2843 EnrolledLRB098 09320 AMC 39460 b


  
    AN ACT concerning support.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Horse Racing Act of 1975 is amended  
by adding Sections 27.2 and 34.2 as follows:
 
    (230 ILCS 5/27.2 new)
    Sec. 27.2. Withholding of delinquent child support.
    (a) From winnings required to be reported to the Internal 
Revenue Service and subject to withholding on Form W-2G, 
organization licensees and advance deposit wagering licensees 
licensed under this Act shall withhold up to the full amount of 
winnings necessary to pay the winner's past due child support 
amount as certified by the Department of Healthcare and Family 
Services under Section 10-17.15 of the Illinois Public Aid 
Code. Amounts withheld shall be paid to the Department of 
Healthcare and Family Services by the organization licensee or 
the advance deposit wagering licensee, as applicable.
    (b) For withholding of winnings, the organization licensee 
or  advance deposit wagering licensee shall be entitled to an 
administrative fee not to exceed the lesser of 4% of the total 
amount of cash winnings paid to the gambling winner or $150.
    (c) In no event may the total amount withheld from the cash 
payout, including the administrative fee, exceed the total cash 
winnings claimed by the obligor. If the cash payout claimed is 
greater than the amount sufficient to satisfy the obligor's 
delinquent child support payments, the organization licensee 
or  advance deposit wagering licensee shall pay the obligor the 
remaining balance of the payout, less the administrative fee 
authorized by subsection (b) of this Section, at the time it is 
claimed.
    (d) An organization licensee or an advance deposit wagering 
licensee that in good faith complies with the requirements of 
this Section shall not be liable to the gaming winner or any 
other individual or entity.
    (e) For an organization licensee under this Act, an agent 
of the Board (such as an employee of the Board) shall be 
responsible for notifying the person identified as being 
delinquent in child support payments that the organization 
licensee is required by law to withhold all or a portion of his 
or her winnings. This notification must be provided at the time 
the winnings are withheld.
    (f) The provisions of this Section shall be operative on 
and after the date that rules are adopted by the Department of 
Healthcare and Family Services pursuant to Section 10-17.15 of 
the Illinois Public Aid Code.
    (g) The delinquent child support required to be withheld 
under this Section and the administrative fee under subsection 
(b) of this Section have priority over any secured or unsecured 
claim on cash winnings, except claims for federal or State 
taxes that are required to be withheld under federal or State 
law. 
 
    (230 ILCS 5/34.2 new)
    Sec. 34.2. Withholding of delinquent child support; signs; 
statement.
    (a) Each organization licensee shall post signs with a 
statement regarding withholding of delinquent child support, 
the text of which shall be determined by rule by the Department 
of Healthcare and Family Services, at the following locations 
in each race track at which horse race meetings are conducted 
by the organization licensee and in each inter-track wagering 
facility and inter-track wagering location operated by the 
organization licensee:
        (1) Each entrance and exit.
        (2) Near each credit location.
    The signs shall be provided by the Department of Healthcare 
and Family Services.
    (b) Each organization licensee shall print a statement 
regarding withholding of delinquent child support, the text of 
which shall be determined by rule by the Department of 
Healthcare and Family Services, on all official racing programs 
that the organization licensee provides to the general public.
 
    Section 10. The Riverboat Gambling Act is amended  by adding 
Sections 13.05 and 13.2 as follows:
 
    (230 ILCS 10/13.05 new)
    Sec. 13.05. Withholding of delinquent child support.
    (a) From winnings required to be reported to the Internal 
Revenue Service on Form W-2G, an owners licensee or a licensee 
that operates one or more  facilities or gaming locations at 
which lawful gambling is authorized as provided in this Act 
shall withhold up to the full amount of winnings necessary to 
pay the winner's past due child support amount as certified by 
the Department of Healthcare and Family Services under Section 
10-17.15 of the Illinois Public Aid Code. Amounts withheld 
shall be paid to the Department of Healthcare and Family 
Services by the owners licensee or casino operator licensee, as 
applicable. 
    (b) For withholding of winnings, the licensee shall be 
entitled to an administrative fee not to exceed the lesser of 
4% of the total amount of cash winnings paid to the gambling 
winner or $150.
    (c) In no event may the total amount withheld from the cash 
payout, including the administrative fee, exceed the total cash 
winnings claimed by the obligor. If the cash payout claimed is 
greater than the amount sufficient to satisfy the obligor's 
delinquent child support payments, the licensee shall pay the 
obligor the remaining balance of the payout, less the 
administrative fee authorized by subsection (b) of this 
Section, at the time it is claimed.
    (d) A licensee who in good faith complies with the 
requirements of this Section shall not be liable to the gaming 
winner or any other individual or entity.
    (e) Upon request of a licensed owner under this Act, an 
agent of the Board (such as a gaming special agent employed by 
the Board, a State police officer, or a revenue agent) shall be 
responsible for notifying the person identified as being 
delinquent in child support payments that the licensed owner is 
required by law to withhold all or a portion of his or her 
winnings. If given, this notification must be provided at the 
time the winnings are withheld. 
    (f) The provisions of this Section shall be operative on 
and after the date that rules are adopted by the Department of 
Healthcare and Family Services pursuant to Section 10-17.15 of 
the Illinois Public Aid Code. 
    (g) The delinquent child support required to be withheld 
under this Section and the administrative fee under subsection 
(b) of this Section have priority over any secured or unsecured 
claim on cash winnings, except claims for federal or State 
taxes that are required to be withheld under federal or State 
law. 
 
    (230 ILCS 10/13.2 new)
    Sec. 13.2. Withholding of delinquent child support; signs; 
statement. 
    (a) Each licensed owner may post signs with a statement 
regarding withholding of delinquent child support, the text of 
which shall be determined by rule by the Department of 
Healthcare and Family Services, at the following locations in 
each facility at which gambling is conducted by the licensed 
owner:
        (1) Each entrance and exit.
        (2) Near each credit location.
        (3) At each cashier's cage. 
    The signs shall be provided by the Department of Healthcare 
and Family Services.
    (b) Each licensed owner may print a statement regarding 
withholding of delinquent child support, the text of which 
shall be determined by rule by the Department of Healthcare and 
Family Services, on all paper stock that the license owner 
provides to the general public.
 
    Section 15. The Illinois Public Aid Code is amended  by 
adding Section 10-17.15 as follows:
 
    (305 ILCS 5/10-17.15 new)
    Sec. 10-17.15. Certification of information to State 
gaming licensees.
    (a) For purposes of this Section, "State gaming licensee" 
means, as applicable, an organization licensee or advance 
deposit wagering licensee licensed under the Illinois Horse 
Racing Act of 1975, an owners licensee licensed under the 
Riverboat Gambling Act, or a licensee that operates, under any 
law of this State, one or more  facilities or gaming locations 
at which lawful gambling is authorized and licensed as provided 
in the Riverboat Gambling Act.
    (b) The Department may provide, by rule, for certification 
to any State gaming licensee of past due child support owed by 
a responsible relative under a support order entered by a court 
or administrative body of this or any other State on behalf of 
a resident or non-resident receiving child support services 
under this Article in accordance with the requirements of Title 
IV-D, Part D, of the Social Security Act. The State gaming 
licensee shall have the ability to withhold from winnings 
required to be reported to the Internal Revenue Service on Form 
W-2G, up to the full amount of winnings necessary to pay the 
winner's past due child support. The rule shall provide for 
notice to and an opportunity to be heard by each responsible 
relative affected and any final administrative decision 
rendered by the Department shall be reviewed only under and in 
accordance with the Administrative Review Law.
    (c) For withholding of winnings, the State gaming licensee 
shall be entitled to an administrative fee not to exceed the 
lesser of 4% of the total amount of cash winnings paid to the 
gambling winner or $150.
    (d) In no event may the total amount withheld from the cash 
payout, including the administrative fee, exceed the total cash 
winnings claimed by the obligor. If the cash payout claimed is 
greater than the amount sufficient to satisfy the obligor's 
delinquent child support payments, the State gaming licensee 
shall pay the obligor the remaining balance of the payout, less 
the administrative fee authorized by subsection (c) of this 
Section, at the time it is claimed.
    (e) A State gaming licensee who in good faith complies with 
the requirements of this Section shall not be liable to the 
gaming winner or any other individual or entity. 

 
    Section 99. Effective date. This Act takes effect July 1, 
2013.