Bill Text: IL SB1820 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Horse Racing Act of 1975, the Riverboat Gambling Act, and the Income Withholding for Support Act. Provides that an organization licensee under the Illinois Horse Racing Act of 1975 shall withhold moneys from winning wagers and winnings from wagers placed upon races conducted by that organization licensee as provided in the Income Withholding for Support Act; imposes a similar duty on a licensed owner under the Riverboat Gambling Act with respect to winnings on games. Provides that if a licensed owner fails to withhold as required, the owner's license is not renewable upon its expiration, but the owner must instead apply for a new license. Provides that the Department of Healthcare and Family Services shall provide to each licensee under the Illinois Horse Racing Act of 1975 and each licensed owner under the Riverboat Gambling Act information concerning individuals who are identified in the State Case Registry of child support orders and who have been determined to be delinquent in child support. Provides for: the obligations of an organization licensee or licensed owner; notice to the obligor; priority of claims; administrative appeals; enforcement; and immunity. Amends the Fish and Aquatic Life Code, the Wildlife Code, and the Non-Support Punishment Act to provide for the suspension, revocation, denial, or renewal refusal of hunting or fishing licenses in cases where a hunting or fishing licensee or potential licensee is delinquent in the payment of child support. Provides that the Department may, however, issue or renew a license or stamp if the person has established a satisfactory repayment record or is determined by the court to be in compliance with the Non-Support Punishment Act.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1820 Detail]

Download: Illinois-2013-SB1820-Amended.html

Sen. Darin M. LaHood

Filed: 4/10/2013

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1
AMENDMENT TO SENATE BILL 1820
2 AMENDMENT NO. ______. Amend Senate Bill 1820 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Illinois Horse Racing Act of 1975 is
5amended by adding Sections 27.2 and 34.2 as follows:
6 (230 ILCS 5/27.2 new)
7 Sec. 27.2. Withholding of delinquent child support.
8 (a) From winnings required to be reported to the Internal
9Revenue Service and subject to withholding on Form W-2G,
10organization licensees and advance deposit wagering licensees
11licensed under this Act shall withhold up to the full amount of
12winnings necessary to pay the winner's past due child support
13amount as certified by the Department of Healthcare and Family
14Services under Section 10-17.15 of the Illinois Public Aid
15Code. Amounts withheld shall be paid to the Department of
16Healthcare and Family Services by the organization licensee or

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1the advance deposit wagering licensee, as applicable.
2 (b) For withholding of winnings, the organization licensee
3or advance deposit wagering licensee shall be entitled to an
4administrative fee not to exceed the lesser of 4% of the total
5amount of cash winnings paid to the gambling winner or $150.
6 (c) In no event may the total amount withheld from the cash
7payout, including the administrative fee, exceed the total cash
8winnings claimed by the obligor. If the cash payout claimed is
9greater than the amount sufficient to satisfy the obligor's
10delinquent child support payments, the organization licensee
11or advance deposit wagering licensee shall pay the obligor the
12remaining balance of the payout, less the administrative fee
13authorized by subsection (b) of this Section, at the time it is
14claimed.
15 (d) An organization licensee or an advance deposit wagering
16licensee that in good faith complies with the requirements of
17this Section shall not be liable to the gaming winner or any
18other individual or entity.
19 (e) For an organization licensee under this Act, an agent
20of the Board (such as an employee of the Board) shall be
21responsible for notifying the person identified as being
22delinquent in child support payments that the organization
23licensee is required by law to withhold all or a portion of his
24or her winnings. This notification must be provided at the time
25the winnings are withheld.
26 (f) The provisions of this Section shall be operative on

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1and after the date that rules are adopted by the Department of
2Healthcare and Family Services pursuant to Section 10-17.15 of
3the Illinois Public Aid Code.
4 (g) The delinquent child support required to be withheld
5under this Section and the administrative fee under subsection
6(b) of this Section have priority over any secured or unsecured
7claim on cash winnings, except claims for federal or State
8taxes that are required to be withheld under federal or State
9law.
10 (230 ILCS 5/34.2 new)
11 Sec. 34.2. Withholding of delinquent child support; signs;
12statement.
13 (a) Each organization licensee shall post signs with a
14statement regarding withholding of delinquent child support,
15the text of which shall be determined by rule by the Department
16of Healthcare and Family Services, at the following locations
17in each race track at which horse race meetings are conducted
18by the organization licensee and in each inter-track wagering
19facility and inter-track wagering location operated by the
20organization licensee:
21 (1) Each entrance and exit.
22 (2) Near each credit location.
23 The signs shall be provided by the Department of Healthcare
24and Family Services.
25 (b) Each organization licensee shall print a statement

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1regarding withholding of delinquent child support, the text of
2which shall be determined by rule by the Department of
3Healthcare and Family Services, on all official racing programs
4that the organization licensee provides to the general public.
5 Section 10. The Riverboat Gambling Act is amended by adding
6Sections 13.05 and 13.2 as follows:
7 (230 ILCS 10/13.05 new)
8 Sec. 13.05. Withholding of delinquent child support.
9 (a) From winnings required to be reported to the Internal
10Revenue Service on Form W-2G, an owners licensee or a licensee
11that operates one or more facilities or gaming locations at
12which lawful gambling is authorized as provided in this Act
13shall withhold up to the full amount of winnings necessary to
14pay the winner's past due child support amount as certified by
15the Department of Healthcare and Family Services under Section
1610-17.15 of the Illinois Public Aid Code. Amounts withheld
17shall be paid to the Department of Healthcare and Family
18Services by the owners licensee or casino operator licensee, as
19applicable.
20 (b) For withholding of winnings, the licensee shall be
21entitled to an administrative fee not to exceed the lesser of
224% of the total amount of cash winnings paid to the gambling
23winner or $150.
24 (c) In no event may the total amount withheld from the cash

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1payout, including the administrative fee, exceed the total cash
2winnings claimed by the obligor. If the cash payout claimed is
3greater than the amount sufficient to satisfy the obligor's
4delinquent child support payments, the licensee shall pay the
5obligor the remaining balance of the payout, less the
6administrative fee authorized by subsection (b) of this
7Section, at the time it is claimed.
8 (d) A licensee who in good faith complies with the
9requirements of this Section shall not be liable to the gaming
10winner or any other individual or entity.
11 (e) Upon request of a licensed owner under this Act, an
12agent of the Board (such as a gaming special agent employed by
13the Board, a State police officer, or a revenue agent) shall be
14responsible for notifying the person identified as being
15delinquent in child support payments that the licensed owner is
16required by law to withhold all or a portion of his or her
17winnings. If given, this notification must be provided at the
18time the winnings are withheld.
19 (f) The provisions of this Section shall be operative on
20and after the date that rules are adopted by the Department of
21Healthcare and Family Services pursuant to Section 10-17.15 of
22the Illinois Public Aid Code.
23 (g) The delinquent child support required to be withheld
24under this Section and the administrative fee under subsection
25(b) of this Section have priority over any secured or unsecured
26claim on cash winnings, except claims for federal or State

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1taxes that are required to be withheld under federal or State
2law.
3 (230 ILCS 10/13.2 new)
4 Sec. 13.2. Withholding of delinquent child support; signs;
5statement.
6 (a) Each licensed owner may post signs with a statement
7regarding withholding of delinquent child support, the text of
8which shall be determined by rule by the Department of
9Healthcare and Family Services, at the following locations in
10each facility at which gambling is conducted by the licensed
11owner:
12 (1) Each entrance and exit.
13 (2) Near each credit location.
14 (3) At each cashier's cage.
15 The signs shall be provided by the Department of Healthcare
16and Family Services.
17 (b) Each licensed owner may print a statement regarding
18withholding of delinquent child support, the text of which
19shall be determined by rule by the Department of Healthcare and
20Family Services, on all paper stock that the license owner
21provides to the general public.
22 Section 15. The Illinois Public Aid Code is amended by
23adding Section 10-17.15 as follows:

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1 (305 ILCS 5/10-17.15 new)
2 Sec. 10-17.15. Certification of information to State
3gaming licensees.
4 (a) For purposes of this Section, "State gaming licensee"
5means, as applicable, an organization licensee or advance
6deposit wagering licensee licensed under the Illinois Horse
7Racing Act of 1975, an owners licensee licensed under the
8Riverboat Gambling Act, or a licensee that operates, under any
9law of this State, one or more facilities or gaming locations
10at which lawful gambling is authorized and licensed as provided
11in the Riverboat Gambling Act.
12 (b) The Department may provide, by rule, for certification
13to any State gaming licensee of past due child support owed by
14a responsible relative under a support order entered by a court
15or administrative body of this or any other State on behalf of
16a resident or non-resident receiving child support services
17under this Article in accordance with the requirements of Title
18IV-D, Part D, of the Social Security Act. The State gaming
19licensee shall have the ability to withhold from winnings
20required to be reported to the Internal Revenue Service on Form
21W-2G, up to the full amount of winnings necessary to pay the
22winner's past due child support. The rule shall provide for
23notice to and an opportunity to be heard by each responsible
24relative affected and any final administrative decision
25rendered by the Department shall be reviewed only under and in
26accordance with the Administrative Review Law.

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1 (c) For withholding of winnings, the State gaming licensee
2shall be entitled to an administrative fee not to exceed the
3lesser of 4% of the total amount of cash winnings paid to the
4gambling winner or $150.
5 (d) In no event may the total amount withheld from the cash
6payout, including the administrative fee, exceed the total cash
7winnings claimed by the obligor. If the cash payout claimed is
8greater than the amount sufficient to satisfy the obligor's
9delinquent child support payments, the State gaming licensee
10shall pay the obligor the remaining balance of the payout, less
11the administrative fee authorized by subsection (c) of this
12Section, at the time it is claimed.
13 (e) A State gaming licensee who in good faith complies with
14the requirements of this Section shall not be liable to the
15gaming winner or any other individual or entity.
16 Section 99. Effective date. This Act takes effect July 1,
172013.".
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