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Sen. Kwame Raoul
Filed: 5/28/2005
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| AMENDMENT TO SENATE BILL 955
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| AMENDMENT NO. ______. Amend Senate Bill 955 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Public Aid Code is amended by |
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| changing Section 10-4 as follows:
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| (305 ILCS 5/10-4) (from Ch. 23, par. 10-4)
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| Sec. 10-4. Notification of Support Obligation. The |
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| administrative enforcement unit within the authorized area of |
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| its
operation shall notify each responsible relative of an |
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| applicant or recipient,
or responsible relatives of other |
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| persons given access to the child support
enforcement services
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| of this Article, of his legal obligation to support and shall |
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| request such
information concerning his financial status as may |
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| be necessary to
determine whether he is financially able to |
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| provide such support, in whole
or in part. In cases involving a |
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| child born out of wedlock, the notification
shall include a |
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| statement that the responsible relative has been named as the
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| biological father of the child identified in the notification.
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| In the case of applicants, the notification shall be sent |
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| as soon as
practical after the filing of the application. In |
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| the case of recipients,
the notice shall be sent at such time |
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| as may be established by rule of the
Illinois Department.
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| The notice shall be accompanied by the forms or |
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| questionnaires provided
in Section 10-5. It shall inform the |
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| relative that he may be liable for
reimbursement of any support |
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| furnished from public aid funds prior to
determination of the |
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| relative's financial circumstances, as well as for
future |
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| support.
In the alternative, when support is sought on
behalf |
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| of applicants for or
recipients of financial aid under Article |
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| IV of this Code and other persons who
are given access to the |
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| child support enforcement services
of this Article as
provided |
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| in Section 10-1, the notice shall inform the relative that the
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| relative may be required to pay support for a period before the |
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| date an
administrative support order is entered, as well as |
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| future support.
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| Neither the mailing nor receipt of such notice shall be |
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| deemed a
jurisdictional requirement for the subsequent |
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| exercise of the investigative
procedures undertaken by an |
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| administrative enforcement unit or the entry of
any order or |
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| determination of paternity or support or reimbursement
by the
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| administrative enforcement unit; except that notice shall be |
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| served by
certified mail addressed to the responsible relative |
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| at his or her last
known address, return receipt requested, or |
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| by a person who is licensed or registered as a private |
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| detective under the Private Detective, Private Alarm, Private |
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| Security, and Locksmith Act of 2004 or by a registered employee |
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| of a private detective agency certified under that Act, or in |
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| counties with a population of less than 2,000,000 by any method |
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| provided by law
for service of summons, in cases where a |
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| determination of paternity or
support by default is sought on
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| behalf of applicants for or recipients of financial aid under |
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| Article IV
of this Act and other persons who are given access |
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| to the child
support enforcement services of this Article as |
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| provided in Section 10-1.
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| (Source: P.A. 92-590, eff. 7-1-02.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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