Bill Status of HB 4291   95th General Assembly

Short Description:  DHFS-CHILD SUPPORT OVERPAYMENT

House Sponsors
Rep. Patricia Reid Lindner-William B. Black-Patricia R. Bellock-Cynthia Soto

Senate Sponsors
(Sen. Iris Y. Martinez-Pamela J. Althoff)


Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
305 ILCS 5/10-29 new

Synopsis As Introduced
Amends the Illinois Public Aid Code. Provides that if (i) the State Disbursement Unit collects child support from an obligor pursuant to an order for support, (ii) the obligor complies with all of the requirements of the order for support and does not incur any arrearage in the payment of child support, (iii) the child attains 18 years of age and the obligation to pay child support under the order terminates, and (iv) the State Disbursement Unit continues to collect child support from the obligor after the child attains 18 years of age and the obligation to pay child support under the order terminates, then the State Disbursement Unit must refund to the obligor all amounts of child support collected from the obligor after the obligation to pay child support under the order terminated. Provides that the State Disbursement Unit must make the refund to the obligor within 60 days after the State Disbursement Unit learns of the wrongful collection of child support from the obligor. Provides that if the State Disbursement Unit does not make a refund to an obligor as required, then the obligor may file a petition in the Court of Claims for the amount due.

House Amendment No. 1
Replaces everything after the enacting clause with similar provisions amending the Illinois Public Aid Code, but with changes that include the following: (1) replaces references to the State Disbursement Unit with references to the Department of Healthcare and Family Services; (2) adds references to the wrongful collection of child support after a child graduates from high school; (3) provides that if the Department learns of a possible wrongful collection of child support, then the Department shall conduct an investigation to determine whether such a wrongful collection occurred and, if it determines that a wrongful collection occurred and was the fault of the Department, then the Department must refund wrongfully collected amounts of child support; (4) provides that the Department must make the refund within 60 days after it determines that the wrongful collection of child support occurred (instead of within 60 days after the State Disbursement Unit learns of the wrongful collection); and (5) eliminates a provision concerning filing a petition in the Court of Claims.

House Amendment No. 2
Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

Actions 
DateChamber Action
  1/9/2008HouseFiled with the Clerk by Rep. Patricia Reid Lindner
  1/9/2008HouseFirst Reading
  1/9/2008HouseReferred to Rules Committee
  2/6/2008HouseAssigned to Human Services Committee
  2/13/2008HouseAdded Chief Co-Sponsor Rep. William B. Black
  3/4/2008HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  3/12/2008HouseDo Pass / Short Debate Human Services Committee; 009-000-000
  3/13/2008HousePlaced on Calendar 2nd Reading - Short Debate
  3/13/2008HouseHouse Amendment No. 1 Filed with Clerk by Rep. Patricia Reid Lindner
  3/13/2008HouseHouse Amendment No. 1 Referred to Rules Committee
  3/24/2008HouseHouse Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000
  4/1/2008HouseHouse Amendment No. 2 Filed with Clerk by Rep. Patricia Reid Lindner
  4/1/2008HouseHouse Amendment No. 2 Referred to Rules Committee
  4/1/2008HouseAdded Chief Co-Sponsor Rep. Cynthia Soto
  4/1/2008HouseSecond Reading - Short Debate
  4/1/2008HouseHouse Amendment No. 1 Adopted by Voice Vote
  4/1/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  4/2/2008HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  4/2/2008HouseHouse Amendment No. 2 Adopted by Voice Vote
  4/2/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/3/2008HouseThird Reading - Short Debate - Passed 108-000-000
  4/8/2008SenateArrive in Senate
  4/8/2008SenatePlaced on Calendar Order of First Reading April 9, 2008
  4/10/2008SenateChief Senate Sponsor Sen. Iris Y. Martinez
  4/16/2008SenateFirst Reading
  4/16/2008SenateReferred to Rules
  4/16/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  5/15/2008SenateRule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee
  1/13/2009HouseSession Sine Die

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