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Rep. Arthur Turner
Filed: 5/1/2013
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1 | | AMENDMENT TO SENATE BILL 1358
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1358 as follows:
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3 | | on page 1, line 5, by replacing "Section 10-15.1" with |
4 | | "Sections 10-1, 10-15.1, and 10-16.5"; and |
5 | | on page 1, immediately below line 5, by inserting the |
6 | | following:
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7 | | "(305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
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8 | | Sec. 10-1. Declaration of Public Policy - Persons Eligible |
9 | | for Child Support
Enforcement Services - Fees for |
10 | | Non-Applicants and
Non-Recipients.) It is the intent of this |
11 | | Code that the financial aid
and social welfare services herein |
12 | | provided supplement rather than
supplant the primary and |
13 | | continuing obligation of the family unit for
self-support to |
14 | | the fullest extent permitted by the resources available
to it. |
15 | | This primary and continuing obligation applies whether the |
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1 | | family
unit of parents and children or of husband and wife |
2 | | remains intact and
resides in a common household or whether the |
3 | | unit has been broken by
absence of one or more members of the |
4 | | unit. The obligation of the
family unit is particularly |
5 | | applicable when a member is in necessitous
circumstances and |
6 | | lacks the means of a livelihood compatible with health
and |
7 | | well-being.
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8 | | It is the purpose of this Article to provide for locating |
9 | | an absent
parent or spouse, for determining his financial |
10 | | circumstances, and for
enforcing his legal obligation of |
11 | | support, if he is able to furnish
support, in whole or in part. |
12 | | The Department of Healthcare and Family Services shall give
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13 | | priority to establishing, enforcing
and collecting the current |
14 | | support obligation, and then to past due support
owed to the |
15 | | family unit, except with respect to collections effected
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16 | | through the intercept programs provided for in this Article.
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17 | | The child support enforcement services provided hereunder
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18 | | shall be
furnished dependents of an absent parent or spouse who |
19 | | are applicants
for or recipients of financial aid under this |
20 | | Code. It is not,
however, a condition of eligibility for |
21 | | financial aid that there be no
responsible relatives who are |
22 | | reasonably able to provide support. Nor,
except as provided in |
23 | | Sections 4-1.7 and 10-8, shall the existence of
such relatives |
24 | | or their payment of support contributions disqualify a
needy |
25 | | person for financial aid.
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26 | | By accepting financial aid under this Code, a spouse or a |
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1 | | parent or
other person having custody of a child shall be |
2 | | deemed to have made
assignment to the Illinois Department for |
3 | | aid under Articles III, IV,
V and VII or to a local |
4 | | governmental unit for aid under Article VI of
any and all |
5 | | rights, title, and interest in any support obligation, |
6 | | excluding including statutory interest thereon, up to
the |
7 | | amount of financial aid provided. The rights to support |
8 | | assigned to
the Department of Healthcare and Family Services |
9 | | (formerly
Illinois Department of Public Aid) or local |
10 | | governmental unit shall
constitute an
obligation owed the State |
11 | | or local governmental unit by the person who
is responsible for |
12 | | providing the support, and shall be collectible under
all |
13 | | applicable processes.
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14 | | The Department of Healthcare and Family Services shall also |
15 | | furnish the child support enforcement services established |
16 | | under this Article in
behalf of persons who
are not applicants |
17 | | for or recipients of financial aid
under this Code in |
18 | | accordance with the requirements of Title IV, Part D of the
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19 | | Social Security Act. The Department may
establish a schedule of |
20 | | reasonable fees, to be paid for the services
provided and may |
21 | | deduct a collection fee, not to exceed 10% of the amount
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22 | | collected, from such collection.
The
Department of Healthcare |
23 | | and Family Services shall cause to be published and
distributed |
24 | | publications
reasonably calculated to inform the public that |
25 | | individuals who are not
recipients of or applicants for public |
26 | | aid under this Code are eligible
for the child support |
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1 | | enforcement services under this
Article X. Such
publications
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2 | | shall set forth an explanation, in plain language, that the |
3 | | child
support enforcement services program is independent of |
4 | | any public
aid program under the Code and that the receiving of |
5 | | child
support
enforcement services in no way implies that the |
6 | | person
receiving such services is receiving
public aid.
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7 | | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)"; and
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8 | | on page 6, immediately below line 19, by inserting the |
9 | | following:
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10 | | "(305 ILCS 5/10-16.5)
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11 | | Sec. 10-16.5. Interest on support obligations. A support |
12 | | obligation, or
any portion of a support obligation, which |
13 | | becomes due and remains unpaid as of the end of each month, |
14 | | excluding the child support that was due for that month to the |
15 | | extent that it was not paid in that month,
shall accrue simple |
16 | | interest as set forth in Section 12-109 of the Code of Civil |
17 | | Procedure.
An order for support entered or modified on or after |
18 | | January 1, 2006 shall
contain a statement that a support |
19 | | obligation required under the order, or any
portion of a |
20 | | support obligation required under the order, that becomes due |
21 | | and
remains unpaid as of the end of each month, excluding the |
22 | | child support that was due for that month to the extent that it |
23 | | was not paid in that month, shall accrue simple interest as set |
24 | | forth in Section 12-109 of the Code of Civil Procedure. Failure |
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1 | | to include the statement in the order for support does
not |
2 | | affect the validity of the order or the accrual of interest as |
3 | | provided in
this Section.
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4 | | Beginning on the effective date of this amendatory Act of |
5 | | the 98th General Assembly, and notwithstanding any other law to |
6 | | the contrary, the Department shall have no further duty to |
7 | | enforce and collect unassigned interest accrued on support |
8 | | obligations established under this Code or under any other law |
9 | | that are owed to the obligee prior to January 1, 2006. Support |
10 | | that has been deemed to have been assigned to the State under |
11 | | current or previous law shall not accrue past or future |
12 | | interest. |
13 | | In cases in which IV-D services are being provided, the |
14 | | Department shall provide, by rule, for a one-time notice to |
15 | | obligees advising the obligee that he or she must notify the |
16 | | Department within 60 days of the notice that he or she wishes |
17 | | to have the Department compute any unassigned interest that |
18 | | accrued on a specific docket in his or her case between 1987 |
19 | | and December 31, 2005. If the obligee fails to notify the |
20 | | Department within the 60-day period, any interest due on that |
21 | | docket prior to 2006 may be pursued by the obligee through a |
22 | | court action, but not through the Department's IV-D agency. |
23 | | (Source: P.A. 94-90, eff. 1-1-06.)
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24 | | Section 10. The Code of Civil Procedure is amended by |
25 | | changing Section 12-109 as follows:
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1 | | (735 ILCS 5/12-109) (from Ch. 110, par. 12-109)
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2 | | Sec. 12-109. Interest on judgments. |
3 | | (a) Every judgment except those
arising by operation of law |
4 | | from child support orders shall bear interest
thereon as |
5 | | provided in Section 2-1303. |
6 | | (b) Every judgment arising by
operation of law from a child |
7 | | support order shall bear interest as provided
in this |
8 | | subsection. The interest on judgments arising by operation of |
9 | | law from child support orders shall be calculated by applying |
10 | | one-twelfth of the current statutory interest rate as provided |
11 | | in Section 2-1303 to the unpaid child support balance as of the |
12 | | end of each calendar month. The unpaid child support balance at |
13 | | the end of the month is the total amount of child support |
14 | | ordered, excluding the child support that was due for that |
15 | | month to the extent that it was not paid in that month and |
16 | | including judgments for retroactive child support, less all |
17 | | payments received and applied as set forth in this subsection. |
18 | | The accrued interest shall not be included in the unpaid child |
19 | | support balance when calculating interest at the end of the |
20 | | month. The unpaid child support balance as of the end of each |
21 | | month shall be determined by calculating the current monthly |
22 | | child support obligation and applying all payments received for |
23 | | that month, except federal income tax refund intercepts, first |
24 | | to the current monthly child support obligation and then |
25 | | applying any payments in excess of the current monthly child |
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1 | | support obligation to the unpaid child support balance owed |
2 | | from previous months. The current monthly child support |
3 | | obligation shall be determined from the document that |
4 | | established the support obligation. Federal income tax refund |
5 | | intercepts and any payments in excess of the current monthly |
6 | | child support obligation shall be applied to the unpaid child |
7 | | support balance. Any payments in excess of the current monthly |
8 | | child support obligation and the unpaid child support balance |
9 | | shall be applied to the accrued interest on the unpaid child |
10 | | support balance. Interest on child support obligations may be |
11 | | collected by any means available under State law for the |
12 | | collection of child support judgments federal and State laws, |
13 | | rules, and regulations providing for the collection of child |
14 | | support .
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15 | | (Source: P.A. 94-90, eff. 1-1-06.)".
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