SB1820 EngrossedLRB098 08441 HEP 38548 b



1 AN ACT concerning support.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Horse Racing Act of 1975 is amended 
5by 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 
17the advance deposit wagering licensee, as applicable.
18 (b) For withholding of winnings, the organization licensee 
19or advance deposit wagering licensee shall be entitled to an 
20administrative fee not to exceed the lesser of 4% of the total 
21amount of cash winnings paid to the gambling winner or $150.
22 (c) In no event may the total amount withheld from the cash 
23payout, including the administrative fee, exceed the total cash 
 
 
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1winnings claimed by the obligor. If the cash payout claimed is 
2greater than the amount sufficient to satisfy the obligor's 
3delinquent child support payments, the organization licensee 
4or advance deposit wagering licensee shall pay the obligor the 
5remaining balance of the payout, less the administrative fee 
6authorized by subsection (b) of this Section, at the time it is 
7claimed.
8 (d) An organization licensee or an advance deposit wagering 
9licensee that in good faith complies with the requirements of 
10this Section shall not be liable to the gaming winner or any 
11other individual or entity.
12 (e) For an organization licensee under this Act, an agent 
13of the Board (such as an employee of the Board) shall be 
14responsible for notifying the person identified as being 
15delinquent in child support payments that the organization 
16licensee is required by law to withhold all or a portion of his 
17or her winnings. This notification must be provided at the time 
18the 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 5/34.2 new)
4 Sec. 34.2. Withholding of delinquent child support; signs; 
5statement.
6 (a) Each organization licensee shall post signs with a 
7statement regarding withholding of delinquent child support, 
8the text of which shall be determined by rule by the Department 
9of Healthcare and Family Services, at the following locations 
10in each race track at which horse race meetings are conducted 
11by the organization licensee and in each inter-track wagering 
12facility and inter-track wagering location operated by the 
13organization licensee:
14  (1) Each entrance and exit.
15  (2) Near each credit location.
16 The signs shall be provided by the Department of Healthcare 
17and Family Services.
18 (b) Each organization licensee shall print a statement 
19regarding withholding of delinquent child support, the text of 
20which shall be determined by rule by the Department of 
21Healthcare and Family Services, on all official racing programs 
22that the organization licensee provides to the general public.

23 Section 10. The Riverboat Gambling Act is amended by adding 
24Sections 13.05 and 13.2 as follows:

 
 
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1 (230 ILCS 10/13.05 new)
2 Sec. 13.05. Withholding of delinquent child support.
3 (a) From winnings required to be reported to the Internal 
4Revenue Service on Form W-2G, an owners licensee or a licensee 
5that operates one or more facilities or gaming locations at 
6which lawful gambling is authorized as provided in this Act 
7shall withhold up to the full amount of winnings necessary to 
8pay the winner's past due child support amount as certified by 
9the Department of Healthcare and Family Services under Section 
1010-17.15 of the Illinois Public Aid Code. Amounts withheld 
11shall be paid to the Department of Healthcare and Family 
12Services by the owners licensee or casino operator licensee, as 
13applicable. 
14 (b) For withholding of winnings, the licensee shall be 
15entitled to an administrative fee not to exceed the lesser of 
164% of the total amount of cash winnings paid to the gambling 
17winner or $150.
18 (c) In no event may the total amount withheld from the cash 
19payout, including the administrative fee, exceed the total cash 
20winnings claimed by the obligor. If the cash payout claimed is 
21greater than the amount sufficient to satisfy the obligor's 
22delinquent child support payments, the licensee shall pay the 
23obligor the remaining balance of the payout, less the 
24administrative fee authorized by subsection (b) of this 
25Section, at the time it is claimed.
 
 
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1 (d) A licensee who in good faith complies with the 
2requirements of this Section shall not be liable to the gaming 
3winner or any other individual or entity.
4 (e) Upon request of a licensed owner under this Act, an 
5agent of the Board (such as a gaming special agent employed by 
6the Board, a State police officer, or a revenue agent) shall be 
7responsible for notifying the person identified as being 
8delinquent in child support payments that the licensed owner is 
9required by law to withhold all or a portion of his or her 
10winnings. If given, this notification must be provided at the 
11time the winnings are withheld. 
12 (f) The provisions of this Section shall be operative on 
13and after the date that rules are adopted by the Department of 
14Healthcare and Family Services pursuant to Section 10-17.15 of 
15the Illinois Public Aid Code. 
16 (g) The delinquent child support required to be withheld 
17under this Section and the administrative fee under subsection 
18(b) of this Section have priority over any secured or unsecured 
19claim on cash winnings, except claims for federal or State 
20taxes that are required to be withheld under federal or State 
21law. 

22 (230 ILCS 10/13.2 new)
23 Sec. 13.2. Withholding of delinquent child support; signs; 
24statement. 
25 (a) Each licensed owner may post signs with 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, at the following locations in 
4each facility at which gambling is conducted by the licensed 
5owner:
6  (1) Each entrance and exit.
7  (2) Near each credit location.
8  (3) At each cashier's cage. 
9 The signs shall be provided by the Department of Healthcare 
10and Family Services.
11 (b) Each licensed owner may print a statement regarding 
12withholding of delinquent child support, the text of which 
13shall be determined by rule by the Department of Healthcare and 
14Family Services, on all paper stock that the license owner 
15provides to the general public.

16 Section 15. The Illinois Public Aid Code is amended by 
17adding Section 10-17.15 as follows:

18 (305 ILCS 5/10-17.15 new)
19 Sec. 10-17.15. Certification of information to State 
20gaming licensees.
21 (a) For purposes of this Section, "State gaming licensee" 
22means, as applicable, an organization licensee or advance 
23deposit wagering licensee licensed under the Illinois Horse 
24Racing Act of 1975, an owners licensee licensed under the 
 
 
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1Riverboat Gambling Act, or a licensee that operates, under any 
2law of this State, one or more facilities or gaming locations 
3at which lawful gambling is authorized and licensed as provided 
4in the Riverboat Gambling Act.
5 (b) The Department may provide, by rule, for certification 
6to any State gaming licensee of past due child support owed by 
7a responsible relative under a support order entered by a court 
8or administrative body of this or any other State on behalf of 
9a resident or non-resident receiving child support services 
10under this Article in accordance with the requirements of Title 
11IV-D, Part D, of the Social Security Act. The State gaming 
12licensee shall have the ability to withhold from winnings 
13required to be reported to the Internal Revenue Service on Form 
14W-2G, up to the full amount of winnings necessary to pay the 
15winner's past due child support. The rule shall provide for 
16notice to and an opportunity to be heard by each responsible 
17relative affected and any final administrative decision 
18rendered by the Department shall be reviewed only under and in 
19accordance with the Administrative Review Law.
20 (c) For withholding of winnings, the State gaming licensee 
21shall be entitled to an administrative fee not to exceed the 
22lesser of 4% of the total amount of cash winnings paid to the 
23gambling winner or $150.
24 (d) In no event may the total amount withheld from the cash 
25payout, including the administrative fee, exceed the total cash 
26winnings claimed by the obligor. If the cash payout claimed is 
 
 
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1greater than the amount sufficient to satisfy the obligor's 
2delinquent child support payments, the State gaming licensee 
3shall pay the obligor the remaining balance of the payout, less 
4the administrative fee authorized by subsection (c) of this 
5Section, at the time it is claimed.
6 (e) A State gaming licensee who in good faith complies with 
7the requirements of this Section shall not be liable to the 
8gaming winner or any other individual or entity. 


9 Section 99. Effective date. This Act takes effect July 1, 
102013.