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| [ Introduced ] | [ House Amendment 002 ] |
90_HB3386ham001
LRB9010252SMdvam01
1 AMENDMENT TO HOUSE BILL 3386
2 AMENDMENT NO. . Amend House Bill 3386 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Public Aid Code by changing
5 Sections 4-1.7 and 12-10.2."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Public Aid Code is amended by
9 changing Sections 4-1.7 and 12-10.2 as follows:
10 (305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
11 Sec. 4-1.7. Enforcement of Parental Child Support
12 Obligation.) If the parent or parents of the child are
13 failing to meet or are delinquent in their legal obligation
14 to support the child, the parent or other person having
15 custody of the child or the Illinois Department of Public Aid
16 may request the law enforcement officer authorized or
17 directed by law to so act to file action for the enforcement
18 of such remedies as the law provides for the fulfillment of
19 the child support obligation.
20 If a parent has a judicial remedy against the other
21 parent to compel child support, or if, as the result of an
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1 action initiated by or in behalf of one parent against the
2 other, a child support order has been entered in respect to
3 which there is noncompliance or delinquency, or where the
4 order so entered may be changed upon petition to the court to
5 provide additional support, the parent or other person having
6 custody of the child or the Illinois Department of Public Aid
7 may request the appropriate law enforcement officer to seek
8 enforcement of the remedy, or of the support order, or a
9 change therein to provide additional support. If the law
10 enforcement officer is not authorized by law to so act in
11 these instances, the parent, or if so authorized by law the
12 other person having custody of the child, or the Illinois
13 Department of Public Aid may initiate an action to enforce
14 these remedies.
15 A parent or other person having custody of the child must
16 comply with the requirements of Title IV of the federal
17 Social Security Act, and the regulations duly promulgated
18 thereunder, and any rules promulgated by the Illinois
19 Department regarding enforcement of the child support
20 obligation. The Illinois Department of Public Aid and the
21 Department of Human Services may provide by rule for the
22 grant or continuation of aid to the person for a temporary
23 period if he or she accepts counseling or other services
24 designed to increase his or her motivation to seek
25 enforcement of the child support obligation.
26 In addition to any other definition of failure or refusal
27 to comply with the requirements of Title IV of the federal
28 Social Security Act, or Illinois Department rule, in the case
29 of failure to attend court hearings, the parent or other
30 person can show cooperation by attending a court hearing or,
31 if a court hearing cannot be scheduled within 14 days
32 following the court hearing that was missed, by signing a
33 statement that the parent or other person is now willing to
34 cooperate in the child support enforcement process and will
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1 appear at any later scheduled court date. The parent or
2 other person can show cooperation by signing such a statement
3 only once. If failure to attend the court hearing or other
4 failure to cooperate results in the case being dismissed,
5 such a statement may be signed after 2 months.
6 No denial or termination of medical assistance pursuant
7 to this Section shall commence during pregnancy of the parent
8 or other person having custody of the child or for 30 days
9 after the termination of such pregnancy. The termination of
10 medical assistance may commence thereafter if the Illinois
11 Department of Public Aid determines that the failure or
12 refusal to comply with this Section persists. Postponement
13 of denial or termination of medical assistance during
14 pregnancy under this paragraph shall be effective only to the
15 extent it does not conflict with federal law or regulation.
16 Any evidence a parent or other person having custody of
17 the child gives in order to comply with the requirements of
18 this Section shall not render him or her liable to
19 prosecution under Sections 11-7 or 11-8 of the "Criminal Code
20 of 1961", approved July 28, 1961, as amended.
21 When so requested, the Illinois Department of Public Aid
22 and the Department of Human Services shall provide such
23 services and assistance as the law enforcement officer may
24 require in connection with the filing of any action
25 hereunder.
26 The Illinois Department of Public Aid and the Department
27 of Human Services, and as an expense of administration, may
28 also provide applicants for and recipients of aid with such
29 services and assistance, including assumption of the
30 reasonable costs of prosecuting any action or proceeding, as
31 may be necessary to enable them to enforce the child support
32 liability required hereunder.
33 Nothing in this Section shall be construed as a
34 requirement that an applicant or recipient file an action for
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1 dissolution of marriage against his or her spouse.
2 The Department of Human Services and the Department of
3 Public Aid shall develop and implement by rule at least 2
4 pilot projects to test the effects, in terms of parental
5 cooperation with the child support program, collections of
6 child support, and non-custodial parents' involvement in the
7 lives of their children, of paying to families receiving cash
8 assistance under Article IV either (i) two-thirds of the
9 monthly child support collected on behalf of each member of
10 the assistance unit or (ii) the first $50 paid as monthly
11 support on each judicial or administrative child support
12 order on behalf of a member of the assistance unit, whichever
13 is greater. The child support passed through to a family
14 pursuant to this paragraph shall not affect the family's
15 eligibility for assistance or decrease any amount otherwise
16 payable as assistance to the family under Article IV until a
17 family's non-exempt income and the child support passed
18 through to the family equal the federal poverty level, at
19 which point cash assistance to the family may be terminated.
20 The Departments shall conduct at least one of the pilot
21 projects in a county of 3,000,000 or more population and at
22 least one of the pilot projects in a county of fewer than
23 3,000,000 population. The pilots shall be conducted for a
24 period of not less than 3 years. No later than 6 months
25 after the conclusion of the pilot projects, the Departments
26 shall report their findings to the General Assembly and, to
27 the extent that the findings support recommendations for
28 changes in State law or policy, make such recommendations to
29 the General Assembly.
30 The Department of Public Aid shall pay to families
31 receiving cash assistance under Article IV the first $50 paid
32 as monthly support on each judicial or administrative child
33 support order on behalf of a member of the assistance unit,
34 and the Department of Human Services shall ensure that such
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1 payments shall not affect the families' eligibility for
2 assistance under Article IV or decrease any amount otherwise
3 payable as assistance to such family under Article IV.
4 (Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97.)
5 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
6 Sec. 12-10.2. The Child Support Enforcement Trust Fund,
7 to be held by the State Treasurer as ex-officio custodian
8 outside the State Treasury, pursuant to the Child Support
9 Enforcement Program established by Title IV-D of the Social
10 Security Act, shall consist of (1) all support payments
11 received by the Illinois Department under Sections 10-8,
12 10-10, 10-16 and 10-19 that are required by such Sections to
13 be paid into the Child Support Enforcement Trust Fund, and
14 (2) all federal grants received by the Illinois Department
15 funded by Title IV-D of the Social Security Act, except those
16 federal funds received under the Title IV-D program as
17 reimbursement for expenditures from the General Revenue Fund,
18 and (3) incentive payments received by the Illinois
19 Department from other states or political subdivisions of
20 other states for the enforcement and collection by the
21 Department of an assigned child support obligation in behalf
22 of such other states or their political subdivisions pursuant
23 to the provisions of Title IV-D of the Social Security Act,
24 and (4) incentive payments retained by the Illinois
25 Department from the amounts which otherwise would be paid to
26 the Federal government to reimburse the Federal government's
27 share of the support collection for the Department's
28 enforcement and collection of an assigned support obligation
29 on behalf of the State of Illinois pursuant to the provisions
30 of Title IV-D of the Social Security Act, and (5) all fees
31 charged by the Department for child support enforcement
32 services, as authorized under Title IV-D of the Social
33 Security Act and Section 10-1 of this Code, and any other
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1 fees, costs, fines, recoveries, or penalties provided for by
2 State or federal law and received by the Department under the
3 Child Support Enforcement Program established by Title IV-D
4 of the Social Security Act, and (6) all amounts appropriated
5 by the General Assembly for deposit into the Fund, and (7)
6 all interest earned on the moneys in the Child Support
7 Enforcement Trust Fund.
8 Disbursements from this Fund shall be only for the
9 following purposes: (1) for the reimbursement of funds
10 received by the Illinois Department through error or mistake,
11 and (2) for payments to non-recipients, current recipients
12 and former recipients of financial aid of support payments
13 received on their behalf under Article X of this Code,
14 pursuant to the provisions of Title IV-D of the Social
15 Security Act and rules promulgated by the Department, and (3)
16 for payment of any administrative expenses, including payment
17 to the Health Insurance Reserve Fund for group insurance
18 costs at the rate certified by the Department of Central
19 Management Services, except those required to be paid from
20 the General Revenue Fund, including personal and contractual
21 services, incurred in performing the Title IV-D activities
22 authorized by Article X of this Code, and (4) for the
23 reimbursement of the Public Assistance Emergency Revolving
24 Fund for expenditures made from that Fund for payments to
25 former recipients of public aid for child support made to the
26 Illinois Department when the former public aid recipient is
27 legally entitled to all or part of the child support
28 payments, pursuant to the provisions of Title IV-D of the
29 Social Security Act, and (5) for the payment of incentive
30 amounts owed to other states or political subdivisions of
31 other states that enforce and collect an assigned support
32 obligation on behalf of the State of Illinois pursuant to the
33 provisions of Title IV-D of the Social Security Act, and (6)
34 for the payment of incentive amounts owed to political
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1 subdivisions of the State of Illinois that enforce and
2 collect an assigned support obligation on behalf of the State
3 pursuant to the provisions of Title IV-D of the Social
4 Security Act, and (7) for payments of any amounts which are
5 reimbursable to the Federal government which are required to
6 be paid by State warrant by either the State or Federal
7 government. Disbursements from this Fund shall be by warrants
8 drawn by the State Comptroller on receipt of vouchers duly
9 executed and certified by the Illinois Department or any
10 other State agency that receives an appropriation from the
11 Fund.
12 The balance in this Fund on the first day of each
13 calendar quarter, after payment therefrom of any amounts
14 reimbursable to the Federal government, and minus the amount
15 reasonably anticipated to be needed to make disbursements
16 during the quarter authorized by this Section, shall be
17 certified by the Director of the Illinois Department and
18 transferred by the State Comptroller to the General Revenue
19 Fund in the State Treasury within 30 days of the first day of
20 each calendar quarter.
21 The balance transferred to the General Revenue Fund for
22 any fiscal year shall be not less than ten percent of the
23 total support payments received, and retained pursuant to the
24 provisions of Title IV-D of the Social Security Act, on
25 behalf of persons receiving financial assistance under
26 Article IV of this Code which were required to be deposited
27 to this Fund during that fiscal year. The above described
28 payments received and retained shall include the State and
29 Federal share of such payments.
30 (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96;
31 90-18, eff. 7-1-97.)".