Full Text of SB0905 95th General Assembly
SB0905 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0905
Introduced 2/8/2007, by Sen. Susan Garrett - Emil Jones, Jr. SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/10-1 |
from Ch. 23, par. 10-1 |
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Amends the Illinois Public Aid Code. Makes technical changes in a Section
concerning public policy with respect to the determination and enforcement of
the support responsibility of relatives.
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A BILL FOR
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SB0905 |
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LRB095 05679 DRJ 25769 b |
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| AN ACT concerning public aid.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | 5 |
| changing Section 10-1 as follows:
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| (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
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| Sec. 10-1. Declaration of Public Policy - Persons Eligible | 8 |
| for Child Support
Enforcement Services - Fees for | 9 |
| Non-Applicants and
and
Non-Recipients.) It is the intent of | 10 |
| this Code that the financial aid
and social welfare services | 11 |
| herein provided supplement rather than
supplant the primary and | 12 |
| continuing obligation of the family unit for
self-support to | 13 |
| the fullest extent permitted by the resources available
to it. | 14 |
| This primary and continuing obligation applies whether the | 15 |
| family
unit of parents and children or of husband and wife | 16 |
| remains intact and
resides in a common household or whether the | 17 |
| unit has been broken by
absence of one or more members of the | 18 |
| unit. The obligation of the
family unit is particularly | 19 |
| applicable when a member is in necessitous
circumstances and | 20 |
| lacks the means of a livelihood compatible with health
and | 21 |
| well-being. | 22 |
| It is the purpose of this Article to provide for locating | 23 |
| an absent
parent or spouse, for determining his financial |
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SB0905 |
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LRB095 05679 DRJ 25769 b |
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| circumstances, and for
enforcing his legal obligation of | 2 |
| support, if he is able to furnish
support, in whole or in part. | 3 |
| The Illinois Department of Healthcare and Family Services
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| Public Aid shall give
priority to establishing, enforcing
and | 5 |
| collecting the current support obligation, and then to past due | 6 |
| support
owed to the family unit, except with respect to | 7 |
| collections effected
through the intercept programs provided | 8 |
| for in this Article.
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| The child support enforcement services provided hereunder
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| shall be
furnished dependents of an absent parent or spouse who | 11 |
| are applicants
for or recipients of financial aid under this | 12 |
| Code. It is not,
however, a condition of eligibility for | 13 |
| financial aid that there be no
responsible relatives who are | 14 |
| reasonably able to provide support. Nor,
except as provided in | 15 |
| Sections 4-1.7 and 10-8, shall the existence of
such relatives | 16 |
| or their payment of support contributions disqualify a
needy | 17 |
| person for financial aid.
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| By accepting financial aid under this Code, a spouse or a | 19 |
| parent or
other person having custody of a child shall be | 20 |
| deemed to have made
assignment to the Illinois Department for | 21 |
| aid under Articles III, IV,
V and VII or to a local | 22 |
| governmental unit for aid under Article VI of
any and all | 23 |
| rights, title, and interest in any support obligation, | 24 |
| including statutory interest thereon, up to
the amount of | 25 |
| financial aid provided. The rights to support assigned to
the | 26 |
| Department of Healthcare and Family Services (formerly |
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SB0905 |
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LRB095 05679 DRJ 25769 b |
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| Illinois Department of Public Aid ) or local governmental unit | 2 |
| shall
constitute an
obligation owed the State or local | 3 |
| governmental unit by the person who
is responsible for | 4 |
| providing the support, and shall be collectible under
all | 5 |
| applicable processes.
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| The Illinois Department of Healthcare and Family Services
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| Public Aid shall also furnish the child support enforcement | 8 |
| services established under this Article in
behalf of persons | 9 |
| who
are not applicants for or recipients of financial aid
under | 10 |
| this Code in accordance with the requirements of Title IV, Part | 11 |
| D of the
Social Security Act. The Department may
establish a | 12 |
| schedule of reasonable fees, to be paid for the services
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| provided and may deduct a collection fee, not to exceed 10% of | 14 |
| the amount
collected, from such collection.
The Illinois | 15 |
| Department of Healthcare and Family Services
Public Aid shall | 16 |
| cause to be published and
distributed publications
reasonably | 17 |
| calculated to inform the public that individuals who are not
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| recipients of or applicants for public aid under this Code are | 19 |
| eligible
for the child support enforcement services under this
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| Article X. Such
publications
shall set forth an explanation, in | 21 |
| plain language, that the child
support enforcement services | 22 |
| program is independent of any public
aid program under the Code | 23 |
| and that the receiving of child
support
enforcement services in | 24 |
| no way implies that the person
receiving such services is | 25 |
| receiving
public aid.
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| (Source: P.A. 94-90, eff. 1-1-06; revised 12-15-05.)
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