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91_HB2518enr
HB2518 Enrolled LRB9105168EGfg
1 AN ACT in relation to public assistance.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Section 5-45 as follows:
6 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
7 Sec. 5-45. Emergency rulemaking.
8 (a) "Emergency" means the existence of any situation
9 that any agency finds reasonably constitutes a threat to the
10 public interest, safety, or welfare.
11 (b) If any agency finds that an emergency exists that
12 requires adoption of a rule upon fewer days than is required
13 by Section 5-40 and states in writing its reasons for that
14 finding, the agency may adopt an emergency rule without prior
15 notice or hearing upon filing a notice of emergency
16 rulemaking with the Secretary of State under Section 5-70.
17 The notice shall include the text of the emergency rule and
18 shall be published in the Illinois Register. Consent orders
19 or other court orders adopting settlements negotiated by an
20 agency may be adopted under this Section. Subject to
21 applicable constitutional or statutory provisions, an
22 emergency rule becomes effective immediately upon filing
23 under Section 5-65 or at a stated date less than 10 days
24 thereafter. The agency's finding and a statement of the
25 specific reasons for the finding shall be filed with the
26 rule. The agency shall take reasonable and appropriate
27 measures to make emergency rules known to the persons who may
28 be affected by them.
29 (c) An emergency rule may be effective for a period of
30 not longer than 150 days, but the agency's authority to adopt
31 an identical rule under Section 5-40 is not precluded. No
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1 emergency rule may be adopted more than once in any 24 month
2 period, except that this limitation on the number of
3 emergency rules that may be adopted in a 24 month period does
4 not apply to (i) emergency rules that make additions to and
5 deletions from the Drug Manual under Section 5-5.16 of the
6 Illinois Public Aid Code or the generic drug formulary under
7 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
8 (ii) emergency rules adopted by the Pollution Control Board
9 before July 1, 1997 to implement portions of the Livestock
10 Management Facilities Act. Two or more emergency rules
11 having substantially the same purpose and effect shall be
12 deemed to be a single rule for purposes of this Section.
13 (d) In order to provide for the expeditious and timely
14 implementation of the State's fiscal year 1999 budget,
15 emergency rules to implement any provision of Public Act
16 90-587 or 90-588 this amendatory Act of 1998 or any other
17 budget initiative for fiscal year 1999 may be adopted in
18 accordance with this Section by the agency charged with
19 administering that provision or initiative, except that the
20 24-month limitation on the adoption of emergency rules and
21 the provisions of Sections 5-115 and 5-125 do not apply to
22 rules adopted under this subsection (d). The adoption of
23 emergency rules authorized by this subsection (d) shall be
24 deemed to be necessary for the public interest, safety, and
25 welfare.
26 (e) In order to provide for the expeditious and timely
27 implementation of the State's fiscal year 2000 budget,
28 emergency rules to implement any provision of this amendatory
29 Act of the 91st General Assembly or any other budget
30 initiative for fiscal year 2000 may be adopted in accordance
31 with this Section by the agency charged with administering
32 that provision or initiative, except that the 24-month
33 limitation on the adoption of emergency rules and the
34 provisions of Sections 5-115 and 5-125 do not apply to rules
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1 adopted under this subsection (e). The adoption of emergency
2 rules authorized by this subsection (e) shall be deemed to be
3 necessary for the public interest, safety, and welfare.
4 (Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97;
5 90-587, eff. 7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.)
6 Section 10. The State Finance Act is amended by adding
7 Sections 5.495 and 5.496 and changing Section 6z-24 as
8 follows:
9 (30 ILCS 105/5.495 new)
10 Sec. 5.495. The Public Aid Recoveries Trust Fund.
11 (30 ILCS 105/5.496 new)
12 Sec. 5.496. The DHS Recoveries Trust Fund.
13 (30 ILCS 105/6z-24) (from Ch. 127, par. 142z-24)
14 Sec. 6z-24. There is created in the State Treasury the
15 Special Education Medicaid Matching Fund. All monies
16 received from the federal government due to
17 educationally-related services authorized under Section 1903
18 of the Social Security Act, as amended, and for the
19 administrative costs related thereto shall be deposited in
20 the Special Education Medicaid Matching Fund. All monies
21 received from the federal government due to
22 educationally-related services authorized under Section 2105
23 of the Social Security Act, as amended, shall be deposited in
24 the Special Education Medicaid Matching Fund.
25 The monies in the Special Education Medicaid Matching
26 Fund shall be held subject to appropriation by the General
27 Assembly to the State Board of Education for distribution to
28 school districts, pursuant to an interagency agreement
29 between the Illinois Department of Public Aid and the State
30 Board of Education, for medicaid eligible special education
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1 children claims under Titles XIX and XXI of the Social
2 Security Act.
3 (Source: P.A. 87-641.)
4 Section 15. The School Code is amended by changing
5 Sections 14-7.04 and 18-8.05 as follows:
6 (105 ILCS 5/14-7.04) (from Ch. 122, par. 14-7.04)
7 Sec. 14-7.04. Health care reimbursement.
8 (a) Local educational agencies may utilize federally
9 funded health care programs to share in the costs of services
10 which are provided to children requiring special education
11 and related services and which are either listed on an
12 individualized education program established pursuant to the
13 federal Education for All Handicapped Children Act of 1975,
14 Public Law No. 94-142 or are provided under an individualized
15 family service plan established pursuant to the federal
16 Education of the Handicapped Act Amendments of 1986, Public
17 Law No. 99-457. Those federally funded health care programs
18 shall also share in the cost of all screenings and diagnostic
19 evaluations for children suspected of having or known to have
20 a disability. However, all such services shall continue to
21 be initially funded by the local educational agency and shall
22 be provided regardless of subsequent cost sharing with other
23 funding sources. Federally funded health care reimbursement
24 funds are supplemental and shall not be used to reduce any
25 other Federal payments, private payments or State Board of
26 Education funds for special education as provided in Article
27 14 of the School Code for which the local education agency is
28 eligible.
29 Local educational agencies providing early periodic
30 screening and diagnostic testing services on or after August
31 1, 1991, including screening and diagnostic services, health
32 care and treatment, preventive health care, and any other
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1 measure to correct or improve health impairments of
2 Medicaid-eligible children, may also access federally funded
3 health care resources.
4 The State Board of Education and the Department of Public
5 Aid may enter into an intergovernmental agreement whereby
6 school districts or their agents may claim medicaid matching
7 funds for medicaid eligible special education children as
8 authorized by Section 1903 of the Social Security Act. Under
9 that intergovernmental agreement, school districts or their
10 agents may also claim federal funds for the services provided
11 to special education students enrolled in the Children's
12 Health Insurance Program.
13 (b) No employee or officer of a school district, special
14 education joint agreement, office of a regional
15 superintendent of schools or the State Board of Education may
16 have a direct or indirect financial interest in any agreement
17 between the entity of which the person is an employee or
18 officer and any corporation, organization or other entity
19 that collects or participates in the collection of payments
20 from private health care benefit plans or federally funded
21 health care programs authorized under this Section.
22 (Source: P.A. 86-476; 87-468; 87-641; 87-895; 87-1168.)
23 (105 ILCS 5/18-8.05)
24 Sec. 18-8.05. Basis for apportionment of general State
25 financial aid and supplemental general State aid to the
26 common schools for the 1998-1999 and subsequent school years.
27 (A) General Provisions.
28 (1) The provisions of this Section apply to the
29 1998-1999 and subsequent school years. The system of general
30 State financial aid provided for in this Section is designed
31 to assure that, through a combination of State financial aid
32 and required local resources, the financial support provided
33 each pupil in Average Daily Attendance equals or exceeds a
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1 prescribed per pupil Foundation Level. This formula approach
2 imputes a level of per pupil Available Local Resources and
3 provides for the basis to calculate a per pupil level of
4 general State financial aid that, when added to Available
5 Local Resources, equals or exceeds the Foundation Level. The
6 amount of per pupil general State financial aid for school
7 districts, in general, varies in inverse relation to
8 Available Local Resources. Per pupil amounts are based upon
9 each school district's Average Daily Attendance as that term
10 is defined in this Section.
11 (2) In addition to general State financial aid, school
12 districts with specified levels or concentrations of pupils
13 from low income households are eligible to receive
14 supplemental general State financial aid grants as provided
15 pursuant to subsection (H). The supplemental State aid grants
16 provided for school districts under subsection (H) shall be
17 appropriated for distribution to school districts as part of
18 the same line item in which the general State financial aid
19 of school districts is appropriated under this Section.
20 (3) To receive financial assistance under this Section,
21 school districts are required to file claims with the State
22 Board of Education, subject to the following requirements:
23 (a) Any school district which fails for any given
24 school year to maintain school as required by law, or to
25 maintain a recognized school is not eligible to file for
26 such school year any claim upon the Common School Fund.
27 In case of nonrecognition of one or more attendance
28 centers in a school district otherwise operating
29 recognized schools, the claim of the district shall be
30 reduced in the proportion which the Average Daily
31 Attendance in the attendance center or centers bear to
32 the Average Daily Attendance in the school district. A
33 "recognized school" means any public school which meets
34 the standards as established for recognition by the State
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1 Board of Education. A school district or attendance
2 center not having recognition status at the end of a
3 school term is entitled to receive State aid payments due
4 upon a legal claim which was filed while it was
5 recognized.
6 (b) School district claims filed under this Section
7 are subject to Sections 18-9, 18-10, and 18-12, except as
8 otherwise provided in this Section.
9 (c) If a school district operates a full year
10 school under Section 10-19.1, the general State aid to
11 the school district shall be determined by the State
12 Board of Education in accordance with this Section as
13 near as may be applicable.
14 (d) (Blank).
15 (4) Except as provided in subsections (H) and (L), the
16 board of any district receiving any of the grants provided
17 for in this Section may apply those funds to any fund so
18 received for which that board is authorized to make
19 expenditures by law.
20 School districts are not required to exert a minimum
21 Operating Tax Rate in order to qualify for assistance under
22 this Section.
23 (5) As used in this Section the following terms, when
24 capitalized, shall have the meaning ascribed herein:
25 (a) "Average Daily Attendance": A count of pupil
26 attendance in school, averaged as provided for in
27 subsection (C) and utilized in deriving per pupil
28 financial support levels.
29 (b) "Available Local Resources": A computation of
30 local financial support, calculated on the basis of
31 Average Daily Attendance and derived as provided pursuant
32 to subsection (D).
33 (c) "Corporate Personal Property Replacement
34 Taxes": Funds paid to local school districts pursuant to
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1 "An Act in relation to the abolition of ad valorem
2 personal property tax and the replacement of revenues
3 lost thereby, and amending and repealing certain Acts and
4 parts of Acts in connection therewith", certified August
5 14, 1979, as amended (Public Act 81-1st S.S.-1).
6 (d) "Foundation Level": A prescribed level of per
7 pupil financial support as provided for in subsection
8 (B).
9 (e) "Operating Tax Rate": All school district
10 property taxes extended for all purposes, except Bond and
11 Interest, Summer School, Rent, Capital Improvement, and
12 Vocational Education Building purposes.
13 (B) Foundation Level.
14 (1) The Foundation Level is a figure established by the
15 State representing the minimum level of per pupil financial
16 support that should be available to provide for the basic
17 education of each pupil in Average Daily Attendance. As set
18 forth in this Section, each school district is assumed to
19 exert a sufficient local taxing effort such that, in
20 combination with the aggregate of general State financial aid
21 provided the district, an aggregate of State and local
22 resources are available to meet the basic education needs of
23 pupils in the district.
24 (2) For the 1998-1999 school year, the Foundation Level
25 of support is $4,225. For the 1999-2000 school year, the
26 Foundation Level of support is $4,325. For the 2000-2001
27 school year, the Foundation Level of support is $4,425.
28 (3) For the 2001-2002 school year and each school year
29 thereafter, the Foundation Level of support is $4,425 or such
30 greater amount as may be established by law by the General
31 Assembly.
32 (C) Average Daily Attendance.
33 (1) For purposes of calculating general State aid
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1 pursuant to subsection (E), an Average Daily Attendance
2 figure shall be utilized. The Average Daily Attendance
3 figure for formula calculation purposes shall be the monthly
4 average of the actual number of pupils in attendance of each
5 school district, as further averaged for the best 3 months of
6 pupil attendance for each school district. In compiling the
7 figures for the number of pupils in attendance, school
8 districts and the State Board of Education shall, for
9 purposes of general State aid funding, conform attendance
10 figures to the requirements of subsection (F).
11 (2) The Average Daily Attendance figures utilized in
12 subsection (E) shall be the requisite attendance data for the
13 school year immediately preceding the school year for which
14 general State aid is being calculated.
15 (D) Available Local Resources.
16 (1) For purposes of calculating general State aid
17 pursuant to subsection (E), a representation of Available
18 Local Resources per pupil, as that term is defined and
19 determined in this subsection, shall be utilized. Available
20 Local Resources per pupil shall include a calculated dollar
21 amount representing local school district revenues from local
22 property taxes and from Corporate Personal Property
23 Replacement Taxes, expressed on the basis of pupils in
24 Average Daily Attendance.
25 (2) In determining a school district's revenue from
26 local property taxes, the State Board of Education shall
27 utilize the equalized assessed valuation of all taxable
28 property of each school district as of September 30 of the
29 previous year. The equalized assessed valuation utilized
30 shall be obtained and determined as provided in subsection
31 (G).
32 (3) For school districts maintaining grades kindergarten
33 through 12, local property tax revenues per pupil shall be
34 calculated as the product of the applicable equalized
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1 assessed valuation for the district multiplied by 3.00%, and
2 divided by the district's Average Daily Attendance figure.
3 For school districts maintaining grades kindergarten through
4 8, local property tax revenues per pupil shall be calculated
5 as the product of the applicable equalized assessed valuation
6 for the district multiplied by 2.30%, and divided by the
7 district's Average Daily Attendance figure. For school
8 districts maintaining grades 9 through 12, local property tax
9 revenues per pupil shall be the applicable equalized assessed
10 valuation of the district multiplied by 1.20%, and divided by
11 the district's Average Daily Attendance figure.
12 (4) The Corporate Personal Property Replacement Taxes
13 paid to each school district during the calendar year 2 years
14 before the calendar year in which a school year begins,
15 divided by the Average Daily Attendance figure for that
16 district, shall be added to the local property tax revenues
17 per pupil as derived by the application of the immediately
18 preceding paragraph (3). The sum of these per pupil figures
19 for each school district shall constitute Available Local
20 Resources as that term is utilized in subsection (E) in the
21 calculation of general State aid.
22 (E) Computation of General State Aid.
23 (1) For each school year, the amount of general State
24 aid allotted to a school district shall be computed by the
25 State Board of Education as provided in this subsection.
26 (2) For any school district for which Available Local
27 Resources per pupil is less than the product of 0.93 times
28 the Foundation Level, general State aid for that district
29 shall be calculated as an amount equal to the Foundation
30 Level minus Available Local Resources, multiplied by the
31 Average Daily Attendance of the school district.
32 (3) For any school district for which Available Local
33 Resources per pupil is equal to or greater than the product
34 of 0.93 times the Foundation Level and less than the product
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1 of 1.75 times the Foundation Level, the general State aid per
2 pupil shall be a decimal proportion of the Foundation Level
3 derived using a linear algorithm. Under this linear
4 algorithm, the calculated general State aid per pupil shall
5 decline in direct linear fashion from 0.07 times the
6 Foundation Level for a school district with Available Local
7 Resources equal to the product of 0.93 times the Foundation
8 Level, to 0.05 times the Foundation Level for a school
9 district with Available Local Resources equal to the product
10 of 1.75 times the Foundation Level. The allocation of
11 general State aid for school districts subject to this
12 paragraph 3 shall be the calculated general State aid per
13 pupil figure multiplied by the Average Daily Attendance of
14 the school district.
15 (4) For any school district for which Available Local
16 Resources per pupil equals or exceeds the product of 1.75
17 times the Foundation Level, the general State aid for the
18 school district shall be calculated as the product of $218
19 multiplied by the Average Daily Attendance of the school
20 district.
21 (F) Compilation of Average Daily Attendance.
22 (1) Each school district shall, by July 1 of each year,
23 submit to the State Board of Education, on forms prescribed
24 by the State Board of Education, attendance figures for the
25 school year that began in the preceding calendar year. The
26 attendance information so transmitted shall identify the
27 average daily attendance figures for each month of the school
28 year, except that any days of attendance in August shall be
29 added to the month of September and any days of attendance in
30 June shall be added to the month of May.
31 Except as otherwise provided in this Section, days of
32 attendance by pupils shall be counted only for sessions of
33 not less than 5 clock hours of school work per day under
34 direct supervision of: (i) teachers, or (ii) non-teaching
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1 personnel or volunteer personnel when engaging in
2 non-teaching duties and supervising in those instances
3 specified in subsection (a) of Section 10-22.34 and paragraph
4 10 of Section 34-18, with pupils of legal school age and in
5 kindergarten and grades 1 through 12.
6 Days of attendance by tuition pupils shall be accredited
7 only to the districts that pay the tuition to a recognized
8 school.
9 (2) Days of attendance by pupils of less than 5 clock
10 hours of school shall be subject to the following provisions
11 in the compilation of Average Daily Attendance.
12 (a) Pupils regularly enrolled in a public school
13 for only a part of the school day may be counted on the
14 basis of 1/6 day for every class hour of instruction of
15 40 minutes or more attended pursuant to such enrollment.
16 (b) Days of attendance may be less than 5 clock
17 hours on the opening and closing of the school term, and
18 upon the first day of pupil attendance, if preceded by a
19 day or days utilized as an institute or teachers'
20 workshop.
21 (c) A session of 4 or more clock hours may be
22 counted as a day of attendance upon certification by the
23 regional superintendent, and approved by the State
24 Superintendent of Education to the extent that the
25 district has been forced to use daily multiple sessions.
26 (d) A session of 3 or more clock hours may be
27 counted as a day of attendance (1) when the remainder of
28 the school day or at least 2 hours in the evening of that
29 day is utilized for an in-service training program for
30 teachers, up to a maximum of 5 days per school year of
31 which a maximum of 4 days of such 5 days may be used for
32 parent-teacher conferences, provided a district conducts
33 an in-service training program for teachers which has
34 been approved by the State Superintendent of Education;
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1 or, in lieu of 4 such days, 2 full days may be used, in
2 which event each such day may be counted as a day of
3 attendance; and (2) when days in addition to those
4 provided in item (1) are scheduled by a school pursuant
5 to its school improvement plan adopted under Article 34
6 or its revised or amended school improvement plan adopted
7 under Article 2, provided that (i) such sessions of 3 or
8 more clock hours are scheduled to occur at regular
9 intervals, (ii) the remainder of the school days in which
10 such sessions occur are utilized for in-service training
11 programs or other staff development activities for
12 teachers, and (iii) a sufficient number of minutes of
13 school work under the direct supervision of teachers are
14 added to the school days between such regularly scheduled
15 sessions to accumulate not less than the number of
16 minutes by which such sessions of 3 or more clock hours
17 fall short of 5 clock hours. Any full days used for the
18 purposes of this paragraph shall not be considered for
19 computing average daily attendance. Days scheduled for
20 in-service training programs, staff development
21 activities, or parent-teacher conferences may be
22 scheduled separately for different grade levels and
23 different attendance centers of the district.
24 (e) A session of not less than one clock hour of
25 teaching hospitalized or homebound pupils on-site or by
26 telephone to the classroom may be counted as 1/2 day of
27 attendance, however these pupils must receive 4 or more
28 clock hours of instruction to be counted for a full day
29 of attendance.
30 (f) A session of at least 4 clock hours may be
31 counted as a day of attendance for first grade pupils,
32 and pupils in full day kindergartens, and a session of 2
33 or more hours may be counted as 1/2 day of attendance by
34 pupils in kindergartens which provide only 1/2 day of
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1 attendance.
2 (g) For children with disabilities who are below
3 the age of 6 years and who cannot attend 2 or more clock
4 hours because of their disability or immaturity, a
5 session of not less than one clock hour may be counted as
6 1/2 day of attendance; however for such children whose
7 educational needs so require a session of 4 or more clock
8 hours may be counted as a full day of attendance.
9 (h) A recognized kindergarten which provides for
10 only 1/2 day of attendance by each pupil shall not have
11 more than 1/2 day of attendance counted in any one day.
12 However, kindergartens may count 2 1/2 days of attendance
13 in any 5 consecutive school days. When a pupil attends
14 such a kindergarten for 2 half days on any one school
15 day, the pupil shall have the following day as a day
16 absent from school, unless the school district obtains
17 permission in writing from the State Superintendent of
18 Education. Attendance at kindergartens which provide for
19 a full day of attendance by each pupil shall be counted
20 the same as attendance by first grade pupils. Only the
21 first year of attendance in one kindergarten shall be
22 counted, except in case of children who entered the
23 kindergarten in their fifth year whose educational
24 development requires a second year of kindergarten as
25 determined under the rules and regulations of the State
26 Board of Education.
27 (G) Equalized Assessed Valuation Data.
28 (1) For purposes of the calculation of Available Local
29 Resources required pursuant to subsection (D), the State
30 Board of Education shall secure from the Department of
31 Revenue the value as equalized or assessed by the Department
32 of Revenue of all taxable property of every school district
33 together with the applicable tax rate used in extending taxes
34 for the funds of the district as of September 30 of the
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1 previous year.
2 This equalized assessed valuation, as adjusted further by
3 the requirements of this subsection, shall be utilized in the
4 calculation of Available Local Resources.
5 (2) The equalized assessed valuation in paragraph (1)
6 shall be adjusted, as applicable, in the following manner:
7 (a) For the purposes of calculating State aid under
8 this Section, with respect to any part of a school
9 district within a redevelopment project area in respect
10 to which a municipality has adopted tax increment
11 allocation financing pursuant to the Tax Increment
12 Allocation Redevelopment Act, Sections 11-74.4-1 through
13 11-74.4-11 of the Illinois Municipal Code or the
14 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
15 11-74.6-50 of the Illinois Municipal Code, no part of the
16 current equalized assessed valuation of real property
17 located in any such project area which is attributable to
18 an increase above the total initial equalized assessed
19 valuation of such property shall be used as part of the
20 equalized assessed valuation of the district, until such
21 time as all redevelopment project costs have been paid,
22 as provided in Section 11-74.4-8 of the Tax Increment
23 Allocation Redevelopment Act or in Section 11-74.6-35 of
24 the Industrial Jobs Recovery Law. For the purpose of the
25 equalized assessed valuation of the district, the total
26 initial equalized assessed valuation or the current
27 equalized assessed valuation, whichever is lower, shall
28 be used until such time as all redevelopment project
29 costs have been paid.
30 (b) The real property equalized assessed valuation
31 for a school district shall be adjusted by subtracting
32 from the real property value as equalized or assessed by
33 the Department of Revenue for the district an amount
34 computed by dividing the amount of any abatement of taxes
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1 under Section 18-170 of the Property Tax Code by 3.00%
2 for a district maintaining grades kindergarten through
3 12, by 2.30% for a district maintaining grades
4 kindergarten through 8, or by 1.20% for a district
5 maintaining grades 9 through 12 and adjusted by an amount
6 computed by dividing the amount of any abatement of taxes
7 under subsection (a) of Section 18-165 of the Property
8 Tax Code by the same percentage rates for district type
9 as specified in this subparagraph (b).
10 (H) Supplemental General State Aid.
11 (1) In addition to the general State aid a school
12 district is allotted pursuant to subsection (E), qualifying
13 school districts shall receive a grant, paid in conjunction
14 with a district's payments of general State aid, for
15 supplemental general State aid based upon the concentration
16 level of children from low-income households within the
17 school district. Supplemental State aid grants provided for
18 school districts under this subsection shall be appropriated
19 for distribution to school districts as part of the same line
20 item in which the general State financial aid of school
21 districts is appropriated under this Section. For purposes of
22 this subsection, the term "Low-Income Concentration Level"
23 shall be the low-income eligible pupil count from the most
24 recently available federal census divided by the Average
25 Daily Attendance of the school district. If, however, the
26 percentage decrease from the 2 most recent federal censuses
27 in the low-income eligible pupil count of a high school
28 district with fewer than 400 students exceeds by 75% or more
29 the percentage change in the total low-income eligible pupil
30 count of contiguous elementary school districts, whose
31 boundaries are coterminous with the high school district, the
32 high school district's low-income eligible pupil count from
33 the earlier federal census shall be the number used as the
34 low-income eligible pupil count for the high school district,
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1 for purposes of this subsection (H).
2 (2) Supplemental general State aid pursuant to this
3 subsection shall be provided as follows:
4 (a) For any school district with a Low Income
5 Concentration Level of at least 20% and less than 35%,
6 the grant for any school year shall be $800 multiplied by
7 the low income eligible pupil count.
8 (b) For any school district with a Low Income
9 Concentration Level of at least 35% and less than 50%,
10 the grant for the 1998-1999 school year shall be $1,100
11 multiplied by the low income eligible pupil count.
12 (c) For any school district with a Low Income
13 Concentration Level of at least 50% and less than 60%,
14 the grant for the 1998-99 school year shall be $1,500
15 multiplied by the low income eligible pupil count.
16 (d) For any school district with a Low Income
17 Concentration Level of 60% or more, the grant for the
18 1998-99 school year shall be $1,900 multiplied by the low
19 income eligible pupil count.
20 (e) For the 1999-2000 school year, the per pupil
21 amount specified in subparagraphs (b), (c), and (d),
22 immediately above shall be increased by $100 to $1,243
23 $1,200, $1,600, and $2,000, respectively.
24 (f) For the 2000-2001 school year, the per pupil
25 amounts specified in subparagraphs (b), (c), and (d)
26 immediately above shall be increased to $1,273 $1,230,
27 $1,640, and $2,050, respectively.
28 (3) School districts with an Average Daily Attendance of
29 more than 1,000 and less than 50,000 that qualify for
30 supplemental general State aid pursuant to this subsection
31 shall submit a plan to the State Board of Education prior to
32 October 30 of each year for the use of the funds resulting
33 from this grant of supplemental general State aid for the
34 improvement of instruction in which priority is given to
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1 meeting the education needs of disadvantaged children. Such
2 plan shall be submitted in accordance with rules and
3 regulations promulgated by the State Board of Education.
4 (4) School districts with an Average Daily Attendance of
5 50,000 or more that qualify for supplemental general State
6 aid pursuant to this subsection shall be required to
7 distribute from funds available pursuant to this Section, no
8 less than $261,000,000 in accordance with the following
9 requirements:
10 (a) The required amounts shall be distributed to
11 the attendance centers within the district in proportion
12 to the number of pupils enrolled at each attendance
13 center who are eligible to receive free or reduced-price
14 lunches or breakfasts under the federal Child Nutrition
15 Act of 1966 and under the National School Lunch Act
16 during the immediately preceding school year.
17 (b) The distribution of these portions of
18 supplemental and general State aid among attendance
19 centers according to these requirements shall not be
20 compensated for or contravened by adjustments of the
21 total of other funds appropriated to any attendance
22 centers, and the Board of Education shall utilize funding
23 from one or several sources in order to fully implement
24 this provision annually prior to the opening of school.
25 (c) Each attendance center shall be provided by the
26 school district a distribution of noncategorical funds
27 and other categorical funds to which an attendance center
28 is entitled under law in order that the general State aid
29 and supplemental general State aid provided by
30 application of this subsection supplements rather than
31 supplants the noncategorical funds and other categorical
32 funds provided by the school district to the attendance
33 centers.
34 (d) Any funds made available under this subsection
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1 that by reason of the provisions of this subsection are
2 not required to be allocated and provided to attendance
3 centers may be used and appropriated by the board of the
4 district for any lawful school purpose.
5 (e) Funds received by an attendance center pursuant
6 to this subsection shall be used by the attendance center
7 at the discretion of the principal and local school
8 council for programs to improve educational opportunities
9 at qualifying schools through the following programs and
10 services: early childhood education, reduced class size
11 or improved adult to student classroom ratio, enrichment
12 programs, remedial assistance, attendance improvement,
13 and other educationally beneficial expenditures which
14 supplement the regular and basic programs as determined
15 by the State Board of Education. Funds provided shall
16 not be expended for any political or lobbying purposes as
17 defined by board rule.
18 (f) Each district subject to the provisions of this
19 subdivision (H)(4) shall submit an acceptable plan to
20 meet the educational needs of disadvantaged children, in
21 compliance with the requirements of this paragraph, to
22 the State Board of Education prior to July 15 of each
23 year. This plan shall be consistent with the decisions of
24 local school councils concerning the school expenditure
25 plans developed in accordance with part 4 of Section
26 34-2.3. The State Board shall approve or reject the plan
27 within 60 days after its submission. If the plan is
28 rejected, the district shall give written notice of
29 intent to modify the plan within 15 days of the
30 notification of rejection and then submit a modified plan
31 within 30 days after the date of the written notice of
32 intent to modify. Districts may amend approved plans
33 pursuant to rules promulgated by the State Board of
34 Education.
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1 Upon notification by the State Board of Education
2 that the district has not submitted a plan prior to July
3 15 or a modified plan within the time period specified
4 herein, the State aid funds affected by that plan or
5 modified plan shall be withheld by the State Board of
6 Education until a plan or modified plan is submitted.
7 If the district fails to distribute State aid to
8 attendance centers in accordance with an approved plan,
9 the plan for the following year shall allocate funds, in
10 addition to the funds otherwise required by this
11 subsection, to those attendance centers which were
12 underfunded during the previous year in amounts equal to
13 such underfunding.
14 For purposes of determining compliance with this
15 subsection in relation to the requirements of attendance
16 center funding, each district subject to the provisions
17 of this subsection shall submit as a separate document by
18 December 1 of each year a report of expenditure data for
19 the prior year in addition to any modification of its
20 current plan. If it is determined that there has been a
21 failure to comply with the expenditure provisions of this
22 subsection regarding contravention or supplanting, the
23 State Superintendent of Education shall, within 60 days
24 of receipt of the report, notify the district and any
25 affected local school council. The district shall within
26 45 days of receipt of that notification inform the State
27 Superintendent of Education of the remedial or corrective
28 action to be taken, whether by amendment of the current
29 plan, if feasible, or by adjustment in the plan for the
30 following year. Failure to provide the expenditure
31 report or the notification of remedial or corrective
32 action in a timely manner shall result in a withholding
33 of the affected funds.
34 The State Board of Education shall promulgate rules
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1 and regulations to implement the provisions of this
2 subsection. No funds shall be released under this
3 subdivision (H)(4) to any district that has not submitted
4 a plan that has been approved by the State Board of
5 Education.
6 (I) General State Aid for Newly Configured School Districts.
7 (1) For a new school district formed by combining
8 property included totally within 2 or more previously
9 existing school districts, for its first year of existence
10 the general State aid and supplemental general State aid
11 calculated under this Section shall be computed for the new
12 district and for the previously existing districts for which
13 property is totally included within the new district. If the
14 computation on the basis of the previously existing districts
15 is greater, a supplementary payment equal to the difference
16 shall be made for the first 4 years of existence of the new
17 district.
18 (2) For a school district which annexes all of the
19 territory of one or more entire other school districts, for
20 the first year during which the change of boundaries
21 attributable to such annexation becomes effective for all
22 purposes as determined under Section 7-9 or 7A-8, the general
23 State aid and supplemental general State aid calculated under
24 this Section shall be computed for the annexing district as
25 constituted after the annexation and for the annexing and
26 each annexed district as constituted prior to the annexation;
27 and if the computation on the basis of the annexing and
28 annexed districts as constituted prior to the annexation is
29 greater, a supplementary payment equal to the difference
30 shall be made for the first 4 years of existence of the
31 annexing school district as constituted upon such annexation.
32 (3) For 2 or more school districts which annex all of
33 the territory of one or more entire other school districts,
34 and for 2 or more community unit districts which result upon
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1 the division (pursuant to petition under Section 11A-2) of
2 one or more other unit school districts into 2 or more parts
3 and which together include all of the parts into which such
4 other unit school district or districts are so divided, for
5 the first year during which the change of boundaries
6 attributable to such annexation or division becomes effective
7 for all purposes as determined under Section 7-9 or 11A-10,
8 as the case may be, the general State aid and supplemental
9 general State aid calculated under this Section shall be
10 computed for each annexing or resulting district as
11 constituted after the annexation or division and for each
12 annexing and annexed district, or for each resulting and
13 divided district, as constituted prior to the annexation or
14 division; and if the aggregate of the general State aid and
15 supplemental general State aid as so computed for the
16 annexing or resulting districts as constituted after the
17 annexation or division is less than the aggregate of the
18 general State aid and supplemental general State aid as so
19 computed for the annexing and annexed districts, or for the
20 resulting and divided districts, as constituted prior to the
21 annexation or division, then a supplementary payment equal to
22 the difference shall be made and allocated between or among
23 the annexing or resulting districts, as constituted upon such
24 annexation or division, for the first 4 years of their
25 existence. The total difference payment shall be allocated
26 between or among the annexing or resulting districts in the
27 same ratio as the pupil enrollment from that portion of the
28 annexed or divided district or districts which is annexed to
29 or included in each such annexing or resulting district bears
30 to the total pupil enrollment from the entire annexed or
31 divided district or districts, as such pupil enrollment is
32 determined for the school year last ending prior to the date
33 when the change of boundaries attributable to the annexation
34 or division becomes effective for all purposes. The amount
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1 of the total difference payment and the amount thereof to be
2 allocated to the annexing or resulting districts shall be
3 computed by the State Board of Education on the basis of
4 pupil enrollment and other data which shall be certified to
5 the State Board of Education, on forms which it shall provide
6 for that purpose, by the regional superintendent of schools
7 for each educational service region in which the annexing and
8 annexed districts, or resulting and divided districts are
9 located.
10 (3.5) Claims for financial assistance under this
11 subsection (I) shall not be recomputed except as expressly
12 provided under this Section.
13 (4) Any supplementary payment made under this subsection
14 (I) shall be treated as separate from all other payments made
15 pursuant to this Section.
16 (J) Supplementary Grants in Aid.
17 (1) Notwithstanding any other provisions of this
18 Section, the amount of the aggregate general State aid in
19 combination with supplemental general State aid under this
20 Section for which each school district is eligible shall be
21 no less than the amount of the aggregate general State aid
22 entitlement that was received by the district under Section
23 18-8 (exclusive of amounts received under subsections 5(p)
24 and 5(p-5) of that Section) for the 1997-98 school year,
25 pursuant to the provisions of that Section as it was then in
26 effect. If a school district qualifies to receive a
27 supplementary payment made under this subsection (J), the
28 amount of the aggregate general State aid in combination with
29 supplemental general State aid under this Section which that
30 district is eligible to receive for each school year shall be
31 no less than the amount of the aggregate general State aid
32 entitlement that was received by the district under Section
33 18-8 (exclusive of amounts received under subsections 5(p)
34 and 5(p-5) of that Section) for the 1997-1998 school year,
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1 pursuant to the provisions of that Section as it was then in
2 effect.
3 (2) If, as provided in paragraph (1) of this subsection
4 (J), a school district is to receive aggregate general State
5 aid in combination with supplemental general State aid under
6 this Section for the 1998-99 school year and any subsequent
7 school year that in any such school year is less than the
8 amount of the aggregate general State aid entitlement that
9 the district received for the 1997-98 school year, the school
10 district shall also receive, from a separate appropriation
11 made for purposes of this subsection (J), a supplementary
12 payment that is equal to the amount of the difference in the
13 aggregate State aid figures as described in paragraph (1).
14 (3) (Blank).
15 (K) Grants to Laboratory and Alternative Schools.
16 In calculating the amount to be paid to the governing
17 board of a public university that operates a laboratory
18 school under this Section or to any alternative school that
19 is operated by a regional superintendent of schools, the
20 State Board of Education shall require by rule such reporting
21 requirements as it deems necessary.
22 As used in this Section, "laboratory school" means a
23 public school which is created and operated by a public
24 university and approved by the State Board of Education. The
25 governing board of a public university which receives funds
26 from the State Board under this subsection (K) may not
27 increase the number of students enrolled in its laboratory
28 school from a single district, if that district is already
29 sending 50 or more students, except under a mutual agreement
30 between the school board of a student's district of residence
31 and the university which operates the laboratory school. A
32 laboratory school may not have more than 1,000 students,
33 excluding students with disabilities in a special education
34 program.
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1 As used in this Section, "alternative school" means a
2 public school which is created and operated by a Regional
3 Superintendent of Schools and approved by the State Board of
4 Education. Such alternative schools may offer courses of
5 instruction for which credit is given in regular school
6 programs, courses to prepare students for the high school
7 equivalency testing program or vocational and occupational
8 training. A regional superintendent of schools may contract
9 with a school district or a public community college district
10 to operate an alternative school. An alternative school
11 serving more than one educational service region may be
12 established by the regional superintendents of schools of
13 those the affected educational service regions. An
14 alternative school serving more than one educational service
15 region may be operated under such terms as the regional
16 superintendents of schools of those educational service
17 regions may agree.
18 Each laboratory and alternative school shall file, on
19 forms provided by the State Superintendent of Education, an
20 annual State aid claim which states the Average Daily
21 Attendance of the school's students by month. The best 3
22 months' Average Daily Attendance shall be computed for each
23 school. The general State aid entitlement shall be computed
24 by multiplying the applicable Average Daily Attendance by the
25 Foundation Level as determined under this Section.
26 (L) Payments, Additional Grants in Aid and Other
27 Requirements.
28 (1) For a school district operating under the financial
29 supervision of an Authority created under Article 34A, the
30 general State aid otherwise payable to that district under
31 this Section, but not the supplemental general State aid,
32 shall be reduced by an amount equal to the budget for the
33 operations of the Authority as certified by the Authority to
34 the State Board of Education, and an amount equal to such
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1 reduction shall be paid to the Authority created for such
2 district for its operating expenses in the manner provided in
3 Section 18-11. The remainder of general State school aid for
4 any such district shall be paid in accordance with Article
5 34A when that Article provides for a disposition other than
6 that provided by this Article.
7 (2) Impaction. Impaction payments shall be made as
8 provided for in Section 18-4.2.
9 (3) Summer school. Summer school payments shall be made
10 as provided in Section 18-4.3.
11 (M) Education Funding Advisory Board.
12 The Education Funding Advisory Board, hereinafter in this
13 subsection (M) referred to as the "Board", is hereby created.
14 The Board shall consist of 5 members who are appointed by the
15 Governor, by and with the advice and consent of the Senate.
16 The members appointed shall include representatives of
17 education, business, and the general public. One of the
18 members so appointed shall be designated by the Governor at
19 the time the appointment is made as the chairperson of the
20 Board. The initial members of the Board may be appointed any
21 time after the effective date of this amendatory Act of 1997.
22 The regular term of each member of the Board shall be for 4
23 years from the third Monday of January of the year in which
24 the term of the member's appointment is to commence, except
25 that of the 5 initial members appointed to serve on the
26 Board, the member who is appointed as the chairperson shall
27 serve for a term that commences on the date of his or her
28 appointment and expires on the third Monday of January, 2002,
29 and the remaining 4 members, by lots drawn at the first
30 meeting of the Board that is held after all 5 members are
31 appointed, shall determine 2 of their number to serve for
32 terms that commence on the date of their respective
33 appointments and expire on the third Monday of January, 2001,
34 and 2 of their number to serve for terms that commence on the
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1 date of their respective appointments and expire on the third
2 Monday of January, 2000. All members appointed to serve on
3 the Board shall serve until their respective successors are
4 appointed and confirmed. Vacancies shall be filled in the
5 same manner as original appointments. If a vacancy in
6 membership occurs at a time when the Senate is not in
7 session, the Governor shall make a temporary appointment
8 until the next meeting of the Senate, when he or she shall
9 appoint, by and with the advice and consent of the Senate, a
10 person to fill that membership for the unexpired term. If
11 the Senate is not in session when the initial appointments
12 are made, those appointments shall be made as in the case of
13 vacancies.
14 The Education Funding Advisory Board shall be deemed
15 established, and the initial members appointed by the
16 Governor to serve as members of the Board shall take office,
17 on the date that the Governor makes his or her appointment of
18 the fifth initial member of the Board, whether those initial
19 members are then serving pursuant to appointment and
20 confirmation or pursuant to temporary appointments that are
21 made by the Governor as in the case of vacancies.
22 The State Board of Education shall provide such staff
23 assistance to the Education Funding Advisory Board as is
24 reasonably required for the proper performance by the Board
25 of its responsibilities.
26 For school years after the 2000-2001 school year, the
27 Education Funding Advisory Board, in consultation with the
28 State Board of Education, shall make recommendations as
29 provided in this subsection (M) to the General Assembly for
30 the foundation level under subdivision (B)(3) of this Section
31 and for the supplemental general State aid grant level under
32 subsection (H) of this Section for districts with high
33 concentrations of children from poverty. The recommended
34 foundation level shall be determined based on a methodology
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1 which incorporates the basic education expenditures of
2 low-spending schools exhibiting high academic performance.
3 The Education Funding Advisory Board shall make such
4 recommendations to the General Assembly on January 1 of odd
5 numbered years, beginning January 1, 2001.
6 (N) General State Aid Adjustment Grant.
7 (1) Any school district subject to property tax
8 extension limitations as imposed under the provisions of the
9 Property Tax Extension Limitation Law shall be entitled to
10 receive, subject to the qualifications and requirements of
11 this subsection, a general State aid adjustment grant.
12 Eligibility for this grant shall be determined on an annual
13 basis and claims for grant payments shall be paid subject to
14 appropriations made specific to this subsection. For
15 purposes of this subsection the following terms shall have
16 the following meanings:
17 "Budget Year": The school year for which general State
18 aid is calculated and awarded under subsection (E).
19 "Current Year": The school year immediately preceding
20 the Budget Year.
21 "Base Tax Year": The property tax levy year used to
22 calculate the Budget Year allocation of general State aid.
23 "Preceding Tax Year": The property tax levy year
24 immediately preceding the Base Tax Year.
25 "Extension Limitation Ratio": A numerical ratio,
26 certified by a school district's County Clerk, in which the
27 numerator is the Base Tax Year's tax extension amount
28 resulting from the Limiting Rate and the denominator is the
29 Preceding Tax Year's tax extension amount resulting from the
30 Limiting Rate.
31 "Limiting Rate": The limiting rate as defined in the
32 Property Tax Extension Limitation Law.
33 "Preliminary Tax Rate": The tax rate for all purposes
34 except bond and interest that would have been used to extend
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1 those taxes absent the provisions of the Property Tax
2 Extension Limitation Law.
3 (2) To qualify for a general State aid adjustment grant,
4 a school district must meet all of the following eligibility
5 criteria for each Budget Year for which a grant is claimed:
6 (a) (Blank).
7 (b) The Preliminary Tax Rate of the school district
8 for the Base Tax Year was reduced by the Clerk of the
9 County as a result of the requirements of the Property
10 Tax Extension Limitation Law.
11 (c) The Available Local Resources per pupil of the
12 school district as calculated pursuant to subsection (D)
13 using the Base Tax Year are less than the product of 1.75
14 times the Foundation Level for the Budget Year.
15 (d) The school district has filed a proper and
16 timely claim for a general State aid adjustment grant as
17 required under this subsection.
18 (3) A claim for grant assistance under this subsection
19 shall be filed with the State Board of Education on or before
20 April 1 of the Current Year for a grant for the Budget Year.
21 The claim shall be made on forms prescribed by the State
22 Board of Education and must be accompanied by a written
23 statement from the Clerk of the County, certifying:
24 (a) That the school district had its Preliminary
25 Tax Rate for the Base Tax Year reduced as a result of the
26 Property Tax Extension Limitation Law.
27 (b) (Blank).
28 (c) The Extension Limitation Ratio as that term is
29 defined in this subsection.
30 (4) On or before August 1 of the Budget Year the State
31 Board of Education shall calculate, for all school districts
32 meeting the other requirements of this subsection, the amount
33 of the general State aid adjustment grant, if any, that the
34 school districts are eligible to receive in the Budget Year.
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1 The amount of the general State aid adjustment grant shall be
2 calculated as follows:
3 (a) Determine the school district's general State
4 aid grant for the Budget Year as provided in accordance
5 with the provisions of subsection (E).
6 (b) Determine the school district's adjusted level
7 of general State aid by utilizing in the calculation of
8 Available Local Resources the equalized assessed
9 valuation that was used to calculate the general State
10 aid for the preceding fiscal year multiplied by the
11 Extension Limitation Ratio.
12 (c) Subtract the sum derived in subparagraph (a)
13 from the sum derived in subparagraph (b). If the result
14 is a positive number, that amount shall be the general
15 State aid adjustment grant that the district is eligible
16 to receive.
17 (5) The State Board of Education shall in the Current
18 Year, based upon claims filed in the Current Year, recommend
19 to the General Assembly an appropriation amount for the
20 general State aid adjustment grants to be made in the Budget
21 Year.
22 (6) Claims for general State aid adjustment grants shall
23 be paid in a lump sum on or before January 1 of the Budget
24 Year only from appropriations made by the General Assembly
25 expressly for claims under this subsection. No such claims
26 may be paid from amounts appropriated for any other purpose
27 provided for under this Section. In the event that the
28 appropriation for claims under this subsection is
29 insufficient to meet all Budget Year claims for a general
30 State aid adjustment grant, the appropriation available shall
31 be proportionately prorated by the State Board of Education
32 amongst all districts filing for and entitled to payments.
33 (7) The State Board of Education shall promulgate the
34 required claim forms and rules necessary to implement the
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1 provisions of this subsection.
2 (O) References.
3 (1) References in other laws to the various subdivisions
4 of Section 18-8 as that Section existed before its repeal and
5 replacement by this Section 18-8.05 shall be deemed to refer
6 to the corresponding provisions of this Section 18-8.05, to
7 the extent that those references remain applicable.
8 (2) References in other laws to State Chapter 1 funds
9 shall be deemed to refer to the supplemental general State
10 aid provided under subsection (H) of this Section.
11 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
12 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
13 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; revised
14 2-17-99.)
15 Section 20. The Children's Health Insurance Program Act
16 is amended by changing Section 35 as follows:
17 (215 ILCS 106/35)
18 (Section scheduled to be repealed on June 30, 2001)
19 Sec. 35. Funding.
20 (a) This Program is not an entitlement and shall not be
21 construed to create an entitlement. Eligibility for the
22 Program is subject to appropriation of funds by the State and
23 federal governments. Subdivision (a)(2) of Section 25 shall
24 operate and be funded only if subdivision (a)(1) of Section
25 25 is operational and funded. The estimated net State share
26 of appropriated funds for subdivision (a)(2) of Section 25
27 shall be equal to the estimated net State share of
28 appropriated funds for subdivision (a)(1) of Section 25.
29 (b) Any requirement imposed under this Act and any
30 implementation of this Act by the Department shall cease in
31 the event (1) continued receipt of federal funds for
32 implementation of this Act requires an amendment to this Act,
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1 or (2) federal funds for implementation of the Act are not
2 otherwise available.
3 (c) Payments under this Act shall be appropriated from
4 the General Revenue Fund and other funds that are authorized
5 to be used to reimburse or make medical payments for health
6 care benefits under this Act or Title XXI of the Social
7 Security Act.
8 (d) Benefits under this Act shall be available only as
9 long as the intergovernmental agreements made pursuant to
10 Section 12-4.7 and Article XV of the Illinois Public Aid Code
11 and entered into between the Department and the Cook County
12 Board of Commissioners continue to exist.
13 (Source: P.A. 90-736, eff. 8-12-98.)
14 Section 25. The Illinois Public Aid Code is amended by
15 changing Sections 5-5.4, 10-3.1, 10-8, 10-10, 10-16, 10-19,
16 12-4.11, 12-4.34, 12-9, 12-10, 12-11, 15-2, 15-3, and 15-4
17 and adding Section 12-9.1 as follows:
18 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
19 Sec. 5-5.4. Standards of Payment - Department of Public
20 Aid. The Department of Public Aid shall develop standards of
21 payment of skilled nursing and intermediate care services in
22 facilities providing such services under this Article which:
23 (1) Provides for the determination of a facility's
24 payment for skilled nursing and intermediate care services on
25 a prospective basis. The amount of the payment rate for all
26 nursing facilities certified under the medical assistance
27 program shall be prospectively established annually on the
28 basis of historical, financial, and statistical data
29 reflecting actual costs from prior years, which shall be
30 applied to the current rate year and updated for inflation,
31 except that the capital cost element for newly constructed
32 facilities shall be based upon projected budgets. The
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1 annually established payment rate shall take effect on July 1
2 in 1984 and subsequent years. Rate increases shall be
3 provided annually thereafter on July 1 in 1984 and on each
4 subsequent July 1 in the following years, except that no rate
5 increase and no update for inflation shall be provided on or
6 after July 1, 1994 and before July 1, 2000 1999, unless
7 specifically provided for in this Section.
8 For facilities licensed by the Department of Public
9 Health under the Nursing Home Care Act as Intermediate Care
10 for the Developmentally Disabled facilities or Long Term Care
11 for Under Age 22 facilities, the rates taking effect on July
12 1, 1998 shall include an increase of 3%. For facilities
13 licensed by the Department of Public Health under the Nursing
14 Home Care Act as Skilled Nursing facilities or Intermediate
15 Care facilities, the rates taking effect on July 1, 1998
16 shall include an increase of 3% plus $1.10 per resident-day,
17 as defined by the Department.
18 For facilities licensed by the Department of Public
19 Health under the Nursing Home Care Act as Intermediate Care
20 for the Developmentally Disabled facilities or Long Term Care
21 for Under Age 22 facilities, the rates taking effect on July
22 1, 1999 shall include an increase of 1.6% plus $3.00 per
23 resident-day, as defined by the Department. For facilities
24 licensed by the Department of Public Health under the Nursing
25 Home Care Act as Skilled Nursing facilities or Intermediate
26 Care facilities, the rates taking effect on July 1, 1999
27 shall include an increase of 1.6% and, for services provided
28 on or after October 1, 1999, shall be increased by $4.00 per
29 resident-day, as defined by the Department.
30 Rates established effective each July 1 shall govern
31 payment for services rendered throughout that fiscal year,
32 except that rates established on July 1, 1996 shall be
33 increased by 6.8% for services provided on or after January
34 1, 1997. Such rates will be based upon the rates calculated
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1 for the year beginning July 1, 1990, and for subsequent years
2 thereafter shall be based on the facility cost reports for
3 the facility fiscal year ending at any point in time during
4 the previous calendar year, updated to the midpoint of the
5 rate year. The cost report shall be on file with the
6 Department no later than April 1 of the current rate year.
7 Should the cost report not be on file by April 1, the
8 Department shall base the rate on the latest cost report
9 filed by each skilled care facility and intermediate care
10 facility, updated to the midpoint of the current rate year.
11 In determining rates for services rendered on and after July
12 1, 1985, fixed time shall not be computed at less than zero.
13 The Department shall not make any alterations of regulations
14 which would reduce any component of the Medicaid rate to a
15 level below what that component would have been utilizing in
16 the rate effective on July 1, 1984.
17 (2) Shall take into account the actual costs incurred by
18 facilities in providing services for recipients of skilled
19 nursing and intermediate care services under the medical
20 assistance program.
21 (3) Shall take into account the medical and
22 psycho-social characteristics and needs of the patients.
23 (4) Shall take into account the actual costs incurred by
24 facilities in meeting licensing and certification standards
25 imposed and prescribed by the State of Illinois, any of its
26 political subdivisions or municipalities and by the United
27 States Department of Health, Education and Welfare pursuant
28 to Title XIX of the Social Security Act.
29 The Department of Public Aid shall develop precise
30 standards for payments to reimburse nursing facilities for
31 any utilization of appropriate rehabilitative personnel for
32 the provision of rehabilitative services which is authorized
33 by federal regulations, including reimbursement for services
34 provided by qualified therapists or qualified assistants, and
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1 which is in accordance with accepted professional practices.
2 Reimbursement also may be made for utilization of other
3 supportive personnel under appropriate supervision.
4 (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96; 90-9,
5 eff. 7-1-97; 90-588, eff. 7-1-98.)
6 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
7 Sec. 10-3.1. Child and Spouse Support Unit. The
8 Illinois Department shall establish within its administrative
9 staff a Child and Spouse Support Unit to search for and
10 locate absent parents and spouses liable for the support of
11 persons resident in this State and to exercise the support
12 enforcement powers and responsibilities assigned the
13 Department by this Article. The unit shall cooperate with
14 all law enforcement officials in this State and with the
15 authorities of other States in locating persons responsible
16 for the support of persons resident in other States and shall
17 invite the cooperation of these authorities in the
18 performance of its duties.
19 In addition to other duties assigned the Child and Spouse
20 Support Unit by this Article, the Unit may refer to the
21 Attorney General or units of local government with the
22 approval of the Attorney General, any actions under Sections
23 10-10 and 10-15 for judicial enforcement of the support
24 liability. The Child and Spouse Support Unit shall act for
25 the Department in referring to the Attorney General support
26 matters requiring judicial enforcement under other laws. If
27 requested by the Attorney General to so act, as provided in
28 Section 12-16, attorneys of the Unit may assist the Attorney
29 General or themselves institute actions in behalf of the
30 Illinois Department under the Revised Uniform Reciprocal
31 Enforcement of Support Act; under the Illinois Parentage Act
32 of 1984; under the Non-Support of Spouse and Children Act; or
33 under any other law, State or Federal, providing for support
HB2518 Enrolled -36- LRB9105168EGfg
1 of a spouse or dependent child.
2 The Illinois Department shall also have the authority to
3 enter into agreements with local governmental units or
4 individuals, with the approval of the Attorney General, for
5 the collection of moneys owing because of the failure of a
6 parent to make child support payments for any child receiving
7 services under this Article. Such agreements may be on a
8 contingent fee basis, but such contingent fee shall not
9 exceed 25% of the total amount collected.
10 An attorney who provides representation pursuant to this
11 Section shall represent the Illinois Department exclusively.
12 Regardless of the designation of the plaintiff in an action
13 brought pursuant to this Section, an attorney-client
14 relationship does not exist for purposes of that action
15 between that attorney and (i) an applicant for or recipient
16 of child and spouse support services or (ii) any other party
17 to the action other than the Illinois Department. Nothing in
18 this Section shall be construed to modify any power or duty
19 (including a duty to maintain confidentiality) of the Child
20 and Spouse Support Unit or the Illinois Department otherwise
21 provided by law.
22 The Illinois Department may also enter into agreements
23 with local governmental units for the Child and Spouse
24 Support Unit to exercise the investigative and enforcement
25 powers designated in this Article, including the issuance of
26 administrative orders under Section 10-11, in locating
27 responsible relatives and obtaining support for persons
28 applying for or receiving aid under Article VI. Payments for
29 defrayment of administrative costs and support payments
30 obtained shall be deposited into the DHS Public Assistance
31 Recoveries Trust Fund. Support payments shall be paid over
32 to the General Assistance Fund of the local governmental unit
33 at such time or times as the agreement may specify.
34 With respect to those cases in which it has support
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1 enforcement powers and responsibilities under this Article,
2 the Illinois Department may provide by rule for periodic or
3 other review of each administrative and court order for
4 support to determine whether a modification of the order
5 should be sought. The Illinois Department shall provide for
6 and conduct such review in accordance with any applicable
7 federal law and regulation.
8 As part of its process for review of orders for support,
9 the Illinois Department, through written notice, may require
10 the responsible relative to disclose his or her Social
11 Security Number and past and present information concerning
12 the relative's address, employment, gross wages, deductions
13 from gross wages, net wages, bonuses, commissions, number of
14 dependent exemptions claimed, individual and dependent health
15 insurance coverage, and any other information necessary to
16 determine the relative's ability to provide support in a case
17 receiving child and spouse support services under this
18 Article X.
19 The Illinois Department may send a written request for
20 the same information to the relative's employer. The
21 employer shall respond to the request for information within
22 15 days after the date the employer receives the request. If
23 the employer willfully fails to fully respond within the
24 15-day period, the employer shall pay a penalty of $100 for
25 each day that the response is not provided to the Illinois
26 Department after the 15-day period has expired. The penalty
27 may be collected in a civil action which may be brought
28 against the employer in favor of the Illinois Department.
29 A written request for information sent to an employer
30 pursuant to this Section shall consist of (i) a citation of
31 this Section as the statutory authority for the request and
32 for the employer's obligation to provide the requested
33 information, (ii) a returnable form setting forth the
34 employer's name and address and listing the name of the
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1 employee with respect to whom information is requested, and
2 (iii) a citation of this Section as the statutory authority
3 authorizing the employer to withhold a fee of up to $20 from
4 the wages or income to be paid to each responsible relative
5 for providing the information to the Illinois Department
6 within the 15-day period. If the employer is withholding
7 support payments from the responsible relative's income
8 pursuant to an order for withholding, the employer may
9 withhold the fee provided for in this Section only after
10 withholding support as required under the order. Any amounts
11 withheld from the responsible relative's income for payment
12 of support and the fee provided for in this Section shall not
13 be in excess of the amounts permitted under the federal
14 Consumer Credit Protection Act.
15 In a case receiving child and spouse support services,
16 the Illinois Department may request and obtain information
17 from a particular employer under this Section no more than
18 once in any 12-month period, unless the information is
19 necessary to conduct a review of a court or administrative
20 order for support at the request of the person receiving
21 child and spouse support services.
22 The Illinois Department shall establish and maintain an
23 administrative unit to receive and transmit to the Child and
24 Spouse Support Unit information supplied by persons applying
25 for or receiving child and spouse support services under
26 Section 10-1. In addition, the Illinois Department shall
27 address and respond to any alleged deficiencies that persons
28 receiving or applying for services from the Child and Spouse
29 Support Unit may identify concerning the Child and Spouse
30 Support Unit's provision of child and spouse support
31 services. Within 60 days after an action or failure to act by
32 the Child and Spouse Support Unit that affects his or her
33 case, a recipient of or applicant for child and spouse
34 support services under Article X of this Code may request an
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1 explanation of the Unit's handling of the case. At the
2 requestor's option, the explanation may be provided either
3 orally in an interview, in writing, or both. If the Illinois
4 Department fails to respond to the request for an explanation
5 or fails to respond in a manner satisfactory to the applicant
6 or recipient within 30 days from the date of the request for
7 an explanation, the applicant or recipient may request a
8 conference for further review of the matter by the Office of
9 the Administrator of the Child and Spouse Support Unit. A
10 request for a conference may be submitted at any time within
11 60 days after the explanation has been provided by the Child
12 and Spouse Support Unit or within 60 days after the time for
13 providing the explanation has expired.
14 The applicant or recipient may request a conference
15 concerning any decision denying or terminating child or
16 spouse support services under Article X of this Code, and the
17 applicant or recipient may also request a conference
18 concerning the Unit's failure to provide services or the
19 provision of services in an amount or manner that is
20 considered inadequate. For purposes of this Section, the
21 Child and Spouse Support Unit includes all local governmental
22 units or individuals with whom the Illinois Department has
23 contracted under Section 10-3.1.
24 Upon receipt of a timely request for a conference, the
25 Office of the Administrator shall review the case. The
26 applicant or recipient requesting the conference shall be
27 entitled, at his or her option, to appear in person or to
28 participate in the conference by telephone. The applicant or
29 recipient requesting the conference shall be entitled to be
30 represented and to be afforded a reasonable opportunity to
31 review the Illinois Department's file before or at the
32 conference. At the conference, the applicant or recipient
33 requesting the conference shall be afforded an opportunity to
34 present all relevant matters in support of his or her claim.
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1 Conferences shall be without cost to the applicant or
2 recipient requesting the conference and shall be conducted by
3 a representative of the Child or Spouse Support Unit who did
4 not participate in the action or inaction being reviewed.
5 The Office of the Administrator shall conduct a
6 conference and inform all interested parties, in writing, of
7 the results of the conference within 60 days from the date of
8 filing of the request for a conference.
9 In addition to its other powers and responsibilities
10 established by this Article, the Child and Spouse Support
11 Unit shall conduct an annual assessment of each institution's
12 program for institution based paternity establishment under
13 Section 12 of the Vital Records Act.
14 (Source: P.A. 90-18, eff. 7-1-97.)
15 (305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
16 Sec. 10-8. Support Payments - Partial Support - Full
17 Support.) The notice to responsible relatives issued
18 pursuant to Section 10-7 shall direct payment (a) to the
19 Illinois Department in cases of applicants and recipients
20 under Articles III, IV, V and VII, (b) except as provided in
21 Section 10-3.1, to the local governmental unit in the case of
22 applicants and recipients under Article VI, and (c) to the
23 Illinois Department in cases of non-applicants and
24 non-recipients given access to the child and spouse support
25 services of this Article, as provided by Section 10-1.
26 However, if the support payments by responsible relatives are
27 sufficient to meet needs of a recipient in full, including
28 current and anticipated medical needs, and the Illinois
29 Department or the local governmental unit, as the case may
30 be, has reasonable grounds to believe that such needs will
31 continue to be provided in full by the responsible relatives,
32 the relatives may be directed to make subsequent support
33 payments to the needy person or to some person or agency in
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1 his behalf and the recipient shall be removed from the rolls.
2 In such instance the recipient also shall be notified by
3 registered or certified mail of the action taken. If a
4 recipient removed from the rolls requests the Illinois
5 Department to continue to collect the support payments in his
6 behalf, the Department, at its option, may do so and pay
7 amounts so collected to the person. The Department may
8 provide for deducting any costs incurred by it in making the
9 collection from the amount of any recovery made and pay only
10 the net amount to the person.
11 Payments under this Section to the Illinois Department
12 pursuant to the Child Support Enforcement Program established
13 by Title IV-D of the Social Security Act shall be paid into
14 the Child Support Enforcement Trust Fund. All other payments
15 under this Section to the Illinois Department of Human
16 Services shall be deposited in the DHS Public Assistance
17 Recoveries Trust Fund. Disbursements from these funds shall
18 be as provided in Sections 12-9.1 12-9 and 12-10.2 of this
19 Code. Payments received by a local governmental unit shall
20 be deposited in that unit's General Assistance Fund.
21 (Source: P.A. 83-1126.)
22 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
23 Sec. 10-10. Court enforcement; applicability also to
24 persons who are not applicants or recipients. Except where
25 the Illinois Department, by agreement, acts for the local
26 governmental unit, as provided in Section 10-3.1, local
27 governmental units shall refer to the State's Attorney or to
28 the proper legal representative of the governmental unit, for
29 judicial enforcement as herein provided, instances of
30 non-support or insufficient support when the dependents are
31 applicants or recipients under Article VI. The Child and
32 Spouse Support Unit established by Section 10-3.1 may
33 institute in behalf of the Illinois Department any actions
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1 under this Section for judicial enforcement of the support
2 liability when the dependents are (a) applicants or
3 recipients under Articles III, IV, V or VII (b) applicants or
4 recipients in a local governmental unit when the Illinois
5 Department, by agreement, acts for the unit; or (c)
6 non-applicants or non-recipients who are receiving support
7 enforcement services under this Article X, as provided in
8 Section 10-1. Where the Child and Spouse Support Unit has
9 exercised its option and discretion not to apply the
10 provisions of Sections 10-3 through 10-8, the failure by the
11 Unit to apply such provisions shall not be a bar to bringing
12 an action under this Section.
13 Action shall be brought in the circuit court to obtain
14 support, or for the recovery of aid granted during the period
15 such support was not provided, or both for the obtainment of
16 support and the recovery of the aid provided. Actions for
17 the recovery of aid may be taken separately or they may be
18 consolidated with actions to obtain support. Such actions
19 may be brought in the name of the person or persons requiring
20 support, or may be brought in the name of the Illinois
21 Department or the local governmental unit, as the case
22 requires, in behalf of such persons.
23 The court may enter such orders for the payment of moneys
24 for the support of the person as may be just and equitable
25 and may direct payment thereof for such period or periods of
26 time as the circumstances require, including support for a
27 period before the date the order for support is entered. The
28 order may be entered against any or all of the defendant
29 responsible relatives and may be based upon the proportionate
30 ability of each to contribute to the person's support.
31 The Court shall determine the amount of child support
32 (including child support for a period before the date the
33 order for child support is entered) by using the guidelines
34 and standards set forth in subsection (a) of Section 505 and
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1 in Section 505.2 of the Illinois Marriage and Dissolution of
2 Marriage Act. For purposes of determining the amount of child
3 support to be paid for a period before the date the order for
4 child support is entered, there is a rebuttable presumption
5 that the responsible relative's net income for that period
6 was the same as his or her net income at the time the order
7 is entered.
8 An order entered under this Section shall include a
9 provision requiring the obligor to report to the obligee and
10 to the clerk of court within 10 days each time the obligor
11 obtains new employment, and each time the obligor's
12 employment is terminated for any reason. The report shall be
13 in writing and shall, in the case of new employment, include
14 the name and address of the new employer. Failure to report
15 new employment or the termination of current employment, if
16 coupled with nonpayment of support for a period in excess of
17 60 days, is indirect criminal contempt. For any obligor
18 arrested for failure to report new employment bond shall be
19 set in the amount of the child support that should have been
20 paid during the period of unreported employment. An order
21 entered under this Section shall also include a provision
22 requiring the obligor and obligee parents to advise each
23 other of a change in residence within 5 days of the change
24 except when the court finds that the physical, mental, or
25 emotional health of a party or that of a minor child, or
26 both, would be seriously endangered by disclosure of the
27 party's address.
28 The Court shall determine the amount of maintenance using
29 the standards set forth in Section 504 of the Illinois
30 Marriage and Dissolution of Marriage Act.
31 Any new or existing support order entered by the court
32 under this Section shall be deemed to be a series of
33 judgments against the person obligated to pay support
34 thereunder, each such judgment to be in the amount of each
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1 payment or installment of support and each such judgment to
2 be deemed entered as of the date the corresponding payment or
3 installment becomes due under the terms of the support order.
4 Each such judgment shall have the full force, effect and
5 attributes of any other judgment of this State, including the
6 ability to be enforced. Any such judgment is subject to
7 modification or termination only in accordance with Section
8 510 of the Illinois Marriage and Dissolution of Marriage Act.
9 A lien arises by operation of law against the real and
10 personal property of the noncustodial parent for each
11 installment of overdue support owed by the noncustodial
12 parent.
13 When an order is entered for the support of a minor, the
14 court may provide therein for reasonable visitation of the
15 minor by the person or persons who provided support pursuant
16 to the order. Whoever willfully refuses to comply with such
17 visitation order or willfully interferes with its enforcement
18 may be declared in contempt of court and punished therefor.
19 Except where the local governmental unit has entered into
20 an agreement with the Illinois Department for the Child and
21 Spouse Support Unit to act for it, as provided in Section
22 10-3.1, support orders entered by the court in cases
23 involving applicants or recipients under Article VI shall
24 provide that payments thereunder be made directly to the
25 local governmental unit. Orders for the support of all other
26 applicants or recipients shall provide that payments
27 thereunder be made directly to the Illinois Department. In
28 accordance with federal law and regulations, the Illinois
29 Department may continue to collect current maintenance
30 payments or child support payments, or both, after those
31 persons cease to receive public assistance and until
32 termination of services under Article X. The Illinois
33 Department shall pay the net amount collected to those
34 persons after deducting any costs incurred in making the
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1 collection or any collection fee from the amount of any
2 recovery made. In both cases the order shall permit the
3 local governmental unit or the Illinois Department, as the
4 case may be, to direct the responsible relative or relatives
5 to make support payments directly to the needy person, or to
6 some person or agency in his behalf, upon removal of the
7 person from the public aid rolls or upon termination of
8 services under Article X.
9 If the notice of support due issued pursuant to Section
10 10-7 directs that support payments be made directly to the
11 needy person, or to some person or agency in his behalf, and
12 the recipient is removed from the public aid rolls, court
13 action may be taken against the responsible relative
14 hereunder if he fails to furnish support in accordance with
15 the terms of such notice.
16 Actions may also be brought under this Section in behalf
17 of any person who is in need of support from responsible
18 relatives, as defined in Section 2-11 of Article II who is
19 not an applicant for or recipient of financial aid under this
20 Code. In such instances, the State's Attorney of the county
21 in which such person resides shall bring action against the
22 responsible relatives hereunder. If the Illinois Department,
23 as authorized by Section 10-1, extends the support services
24 provided by this Article to spouses and dependent children
25 who are not applicants or recipients under this Code, the
26 Child and Spouse Support Unit established by Section 10-3.1
27 shall bring action against the responsible relatives
28 hereunder and any support orders entered by the court in such
29 cases shall provide that payments thereunder be made directly
30 to the Illinois Department.
31 Whenever it is determined in a proceeding to establish or
32 enforce a child support or maintenance obligation that the
33 person owing a duty of support is unemployed, the court may
34 order the person to seek employment and report periodically
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1 to the court with a diary, listing or other memorandum of his
2 or her efforts in accordance with such order. Additionally,
3 the court may order the unemployed person to report to the
4 Department of Employment Security for job search services or
5 to make application with the local Jobs Training Partnership
6 Act provider for participation in job search, training or
7 work programs and where the duty of support is owed to a
8 child receiving support services under this Article X, the
9 court may order the unemployed person to report to the
10 Illinois Department for participation in job search, training
11 or work programs established under Section 9-6 and Article
12 IXA of this Code.
13 Whenever it is determined that a person owes past-due
14 support for a child receiving assistance under this Code, the
15 court shall order at the request of the Illinois Department:
16 (1) that the person pay the past-due support in
17 accordance with a plan approved by the court; or
18 (2) if the person owing past-due support is
19 unemployed, is subject to such a plan, and is not
20 incapacitated, that the person participate in such job
21 search, training, or work programs established under
22 Section 9-6 and Article IXA of this Code as the court
23 deems appropriate.
24 A determination under this Section shall not be
25 administratively reviewable by the procedures specified in
26 Sections 10-12, and 10-13 to 10-13.10. Any determination
27 under these Sections, if made the basis of court action under
28 this Section, shall not affect the de novo judicial
29 determination required under this Section.
30 A one-time charge of 20% is imposable upon the amount of
31 past-due child support owed on July 1, 1988 which has accrued
32 under a support order entered by the court. The charge shall
33 be imposed in accordance with the provisions of Section 10-21
34 of this Code and shall be enforced by the court upon
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1 petition.
2 All orders for support, when entered or modified, shall
3 include a provision requiring the non-custodial parent to
4 notify the court and, in cases in which a party is receiving
5 child and spouse support services under this Article X, the
6 Illinois Department, within 7 days, (i) of the name, address,
7 and telephone number of any new employer of the non-custodial
8 parent, (ii) whether the non-custodial parent has access to
9 health insurance coverage through the employer or other group
10 coverage and, if so, the policy name and number and the names
11 of persons covered under the policy, and (iii) of any new
12 residential or mailing address or telephone number of the
13 non-custodial parent. In any subsequent action to enforce a
14 support order, upon a sufficient showing that a diligent
15 effort has been made to ascertain the location of the
16 non-custodial parent, service of process or provision of
17 notice necessary in the case may be made at the last known
18 address of the non-custodial parent in any manner expressly
19 provided by the Code of Civil Procedure or this Code, which
20 service shall be sufficient for purposes of due process.
21 in accordance with the Income Withholding for Support Act
22 An order for support shall include a date on which the
23 current support obligation terminates. The termination date
24 shall be no earlier than the date on which the child covered
25 by the order will attain the age of majority or is otherwise
26 emancipated. The order for support shall state that the
27 termination date does not apply to any arrearage that may
28 remain unpaid on that date. Nothing in this paragraph shall
29 be construed to prevent the court from modifying the order.
30 Upon notification in writing or by electronic
31 transmission from the Illinois Department to the clerk of the
32 court that a person who is receiving support payments under
33 this Section is receiving services under the Child Support
34 Enforcement Program established by Title IV-D of the Social
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1 Security Act, any support payments subsequently received by
2 the clerk of the court shall be transmitted in accordance
3 with the instructions of the Illinois Department until the
4 Illinois Department gives notice to the clerk of the court to
5 cease the transmittal. After providing the notification
6 authorized under this paragraph, the Illinois Department
7 shall be entitled as a party to notice of any further
8 proceedings in the case. The clerk of the court shall file a
9 copy of the Illinois Department's notification in the court
10 file. The clerk's failure to file a copy of the
11 notification in the court file shall not, however, affect the
12 Illinois Department's right to receive notice of further
13 proceedings.
14 Payments under this Section to the Illinois Department
15 pursuant to the Child Support Enforcement Program established
16 by Title IV-D of the Social Security Act shall be paid into
17 the Child Support Enforcement Trust Fund. All other payments
18 under this Section to the Illinois Department of Human
19 Services shall be deposited in the DHS Public Assistance
20 Recoveries Trust Fund. Disbursements from these funds shall
21 be as provided in Sections 12-9.1 12-9 and 12-10.2 of this
22 Code. Payments received by a local governmental unit shall
23 be deposited in that unit's General Assistance Fund.
24 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
25 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
26 8-14-98; revised 9-14-98.)
27 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
28 Sec. 10-16. Judicial enforcement of court and
29 administrative support orders.) Court orders entered in
30 proceedings under Section 10-10 and court orders for
31 enforcement of an administrative order under Section 10-15
32 and for the payment of money may be enforced by attachment as
33 for contempt against the persons of the defendants, and in
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1 addition, as other judgments for the payment of money, and
2 costs may be adjudged against the defendants and apportioned
3 among them; but if the complaint is dismissed, costs shall be
4 borne by the Illinois Department or the local governmental
5 unit, as the case may be. If a responsible relative is
6 directed by the Illinois Department, or the local
7 governmental unit, under the conditions stated in Section
8 10-8, to make support payments directly to the person, or to
9 some person or agency in his behalf, the court order entered
10 against him under this Section or Section 10-10 may be
11 enforced as herein provided if he thereafter fails to furnish
12 support in accordance with its terms. The State of Illinois
13 shall not be required to make a deposit for or pay any costs
14 or fees of any court or officer thereof in any proceeding
15 instituted under this Section.
16 The provisions of the Civil Practice Law, and all
17 amendments and modifications thereof, shall apply to and
18 govern all actions instituted under this Section and Section
19 10-10. In such actions proof that a person is an applicant
20 for or recipient of public aid under any Article of this Code
21 shall be prima facie proof that he is a person in necessitous
22 circumstances by reason of infirmity, unemployment or other
23 cause depriving him of the means of a livelihood compatible
24 with health and well-being.
25 Payments under this Section to the Illinois Department
26 pursuant to the Child Support Enforcement Program established
27 by Title IV-D of the Social Security Act shall be paid into
28 the Child Support Enforcement Trust Fund. All other payments
29 under this Section to the Illinois Department of Human
30 Services shall be deposited in the DHS Public Assistance
31 Recoveries Trust Fund. Disbursements from these funds shall
32 be as provided in Sections 12-9.1 12-9 and 12-10.2 of this
33 Code. Payments received by a local governmental unit shall
34 be deposited in that unit's General Assistance Fund.
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1 In addition to the penalties or punishment that may be
2 imposed under this Section, any person whose conduct
3 constitutes a violation of Section 1 of the Non-Support of
4 Spouse and Children Act may be prosecuted under that Section,
5 and a person convicted under that Section may be sentenced in
6 accordance with that Section. The sentence may include but
7 need not be limited to a requirement that the person perform
8 community service under subsection (b) of that Section or
9 participate in a work alternative program under subsection
10 (c) of that Section. A person may not be required to
11 participate in a work alternative program under subsection
12 (c) of that Section if the person is currently participating
13 in a work program pursuant to Section 10-11.1 of this Code.
14 (Source: P.A. 90-733, eff. 8-11-98.)
15 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
16 Sec. 10-19. (Support Payments Ordered Under Other Laws -
17 Where Deposited.) The Illinois Department and local
18 governmental units are authorized to receive payments
19 directed by court order for the support of recipients, as
20 provided in the following Acts:
21 1. "Non-Support of Spouse and Children Act", approved
22 June 24, 1915, as amended,
23 2. "Illinois Marriage and Dissolution of Marriage Act",
24 as now or hereafter amended,
25 3. The Illinois Parentage Act, as amended,
26 4. "Revised Uniform Reciprocal Enforcement of Support
27 Act", approved August 28, 1969, as amended,
28 5. The Juvenile Court Act or the Juvenile Court Act of
29 1987, as amended,
30 6. The "Unified Code of Corrections", approved July 26,
31 1972, as amended,
32 7. Part 7 of Article XII of the Code of Civil Procedure,
33 as amended,
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1 8. Part 8 of Article XII of the Code of Civil Procedure,
2 as amended, and
3 9. Other laws which may provide by judicial order for
4 direct payment of support moneys.
5 Payments under this Section to the Illinois Department
6 pursuant to the Child Support Enforcement Program established
7 by Title IV-D of the Social Security Act shall be paid into
8 the Child Support Enforcement Trust Fund. All other payments
9 under this Section to the Illinois Department of Human
10 Services shall be deposited in the DHS Public Assistance
11 Recoveries Trust Fund. Disbursements from these funds shall
12 be as provided in Sections 12-9.1 12-9 and 12-10.2 of this
13 Code. Payments received by a local governmental unit shall
14 be deposited in that unit's General Assistance Fund.
15 (Source: P.A. 86-1028.)
16 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
17 Sec. 12-4.11. Grant amounts. The Department, with due
18 regard for and subject to budgetary limitations, shall
19 establish grant amounts for each of the programs, by
20 regulation. The grant amounts may vary by program, size of
21 assistance unit and geographic area.
22 Aid payments shall not be reduced except: (1) for changes
23 in the cost of items included in the grant amounts, or (2)
24 for changes in the expenses of the recipient, or (3) for
25 changes in the income or resources available to the
26 recipient, or (4) for changes in grants resulting from
27 adoption of a consolidated grant amount.
28 In fixing standards to govern payments or reimbursements
29 for funeral and burial expenses, the Department shall take
30 into account the services essential to a dignified, low-cost
31 funeral and burial, including but no payment shall be
32 authorized from public aid funds for the funeral in excess of
33 $650, exclusive of reasonable amounts that as may be
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1 necessary for burial space and cemetery charges, and any
2 applicable taxes or other required governmental fees or
3 charges. The Department shall authorize no payment in excess
4 of $325 for a cemetery burial.
5 Nothing contained in this Section or in any other Section
6 of this Code shall be construed to prohibit the Illinois
7 Department (1) from consolidating existing standards on the
8 basis of any standards which are or were in effect on, or
9 subsequent to July 1, 1969, or (2) from employing any
10 consolidated standards in determining need for public aid and
11 the amount of money payment or grant for individual
12 recipients or recipient families.
13 (Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97;
14 90-326, eff. 8-8-97; 90-372, eff. 7-1-98; 90-655, eff.
15 7-30-98.)
16 (305 ILCS 5/12-4.34)
17 (Section scheduled to be repealed on August 31, 1999)
18 Sec. 12-4.34. Services to noncitizens.
19 (a) Subject to specific appropriation for this purpose
20 and notwithstanding Sections 1-11 and 3-1 of this Code, the
21 Department of Human Services is authorized to provide
22 services to legal immigrants, including but not limited to
23 naturalization and nutrition services and financial
24 assistance. The nature of these services, payment levels,
25 and eligibility conditions shall be determined by rule.
26 (b) The Illinois Department is authorized to lower the
27 payment levels established under this subsection or take such
28 other actions during the fiscal year as are necessary to
29 ensure that payments under this subsection do not exceed the
30 amounts appropriated for this purpose. These changes may be
31 accomplished by emergency rule under Section 5-45 of the
32 Illinois Administrative Procedure Act, except that the
33 limitation on the number of emergency rules that may be
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1 adopted in a 24-month period shall not apply.
2 (c) This Section is repealed on August 31, 2000 1999.
3 (Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98.)
4 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
5 Sec. 12-9. Public Aid Assistance Recoveries Trust Fund;
6 uses. The Public Aid Assistance Recoveries Trust Fund shall
7 consist of (1) recoveries by the Illinois Department of
8 Public Aid authorized by this Code in respect to applicants
9 or recipients under Articles III, IV, V, and VI and VII,
10 including recoveries made by the Illinois Department of
11 Public Aid from the estates of deceased recipients, (2)
12 recoveries made by the Illinois Department of Public Aid in
13 respect to applicants and recipients under the Children's
14 Health Insurance Program, and (3) federal funds received on
15 behalf of and earned by local governmental entities for
16 services provided to applicants or recipients covered under
17 this Code. and payments received by the Illinois Department
18 under Sections 10-3.1, 10-8, 10-10, 10-16, and 10-19 except
19 those pursuant to the Child Support Enforcement Program
20 established by Title IV-D of the Social Security Act and
21 required to be paid into the Child Support Enforcement Trust
22 Fund under Section 12-10.2 of this Code, that are required by
23 such Sections to be paid into the Public Assistance
24 Recoveries Trust Fund. Until July 1, 1998, this Fund shall be
25 held by the State treasurer as ex-officio custodian outside
26 the State treasury. After June 30, 1998, The Fund shall be
27 held as a special fund in the State Treasury.
28 Disbursements from this Fund shall be only (1) for the
29 reimbursement of claims collected by the Illinois Department
30 of Public Aid through error or mistake, (2) for payment to
31 persons or agencies designated as payees or co-payees on any
32 instrument, whether or not negotiable, delivered to the
33 Illinois Department of Public Aid as a recovery under this
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1 Section, such payment to be in proportion to the respective
2 interests of the payees in the amount so collected, (3) for
3 payments to the Department of Human Services for collections
4 made by the Illinois Department of Public Aid on behalf of
5 the Department of Human Services under this Code, (4) for
6 payments to non-recipients, or to former recipients of
7 financial aid of the collections which are made in their
8 behalf under Article X except those pursuant to the Child
9 Support Enforcement Program established by Title IV-D of the
10 Social Security Act required to be paid from the Child
11 Support Enforcement Trust Fund under Section 12-10.2 of this
12 Code, (4) for payment to local governmental units of support
13 payments collected by the Illinois Department pursuant to an
14 agreement under Section 10-3.1, (5) for payment of
15 administrative expenses incurred in performing the activities
16 authorized under this Code, (5) by Article X except those
17 pursuant to the Child Support Enforcement Program established
18 by Title IV-D of the Social Security Act required to be paid
19 from the Child Support Enforcement Trust Fund under Section
20 12-10.2 of this Code, (6) for payment of fees to persons or
21 agencies in the performance of activities pursuant to the
22 collection of monies owed the State that are collected under
23 this Code, (6) except those monies pursuant to the Child
24 Support Enforcement Program established by Title IV-D of the
25 Social Security Act required to be paid from the Child
26 Support Enforcement Trust Fund under Section 12-10.2 of this
27 Code, (7) for payments of any amounts which are reimbursable
28 to the federal government which are required to be paid by
29 State warrant by either the State or federal government, and
30 (7) for payments to local governmental entities of federal
31 funds for services provided to applicants or recipients
32 covered under this Code. (8) for disbursements to attorneys
33 or advocates for legal representation in an appeal of any
34 claim for federal Supplemental Security Income benefits
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1 before an administrative law judge as provided for in Section
2 3-13 of this Code. Until July 1, 1998, disbursements from
3 this Fund shall be by warrants drawn by the State Comptroller
4 as receipt of vouchers duly executed and certified by the
5 Illinois Department. After June 30, 1998, Disbursements
6 from this Fund for purposes of items (4) and (5), (6), and
7 (8) of this paragraph shall be subject to appropriations from
8 the Fund to the Illinois Department of Public Aid.
9 The balance in this Fund on the first day of each
10 calendar quarter, after payment therefrom of any amounts
11 reimbursable to the federal government, and minus the amount
12 reasonably anticipated to be needed to make the disbursements
13 during that quarter authorized by this Section, shall be
14 certified by the Director of the Illinois Department of
15 Public Aid and transferred by the State Comptroller to the
16 General Revenue Fund in the State Treasury within 30 days of
17 the first day of each calendar quarter.
18 On July 1, 1999, the State Comptroller shall transfer the
19 sum of $5,000,000 from the Public Aid Recoveries Trust Fund
20 (formerly the Public Assistance Recoveries Trust Fund) into
21 the DHS Recoveries Trust Fund.
22 (Source: P.A. 90-255, eff. 1-1-98.)
23 (305 ILCS 5/12-9.1 new)
24 Sec. 12-9.1. DHS Recoveries Trust Fund; uses. The DHS
25 Recoveries Trust Fund shall consist of recoveries authorized
26 by this Code in respect to applicants or recipients under
27 Articles III, IV, and VI, including recoveries from the
28 estates of deceased recipients, and payments received by the
29 Illinois Department of Human Services under Sections 10-3.1,
30 10-8, 10-10, 10-16, 10-19, and 12-9 that are required by
31 those Sections to be paid into the DHS Recoveries Trust Fund.
32 This Fund shall be held as a special fund in the State
33 Treasury.
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1 Disbursements from the Fund shall be only (1) for the
2 reimbursement of claims collected by the Illinois Department
3 of Human Services through error or mistake, (2) for payment
4 to persons or agencies designated as payees or co-payees on
5 any instrument, whether or not negotiable, delivered to the
6 Illinois Department of Human Services as a recovery under
7 this Section, such payment to be in proportion to the
8 respective interests of the payees in the amount so
9 collected, (3) for payments to non-recipients, or to former
10 recipients of financial aid of the collections which are made
11 in their behalf under Article X, (4) for payment to local
12 governmental units of support payments collected by the
13 Illinois Department of Human Services pursuant to an
14 agreement under Section 10-3.1, (5) for payment of
15 administrative expenses incurred in performing the activities
16 authorized by Article X, (6) for payment of fees to person or
17 agencies in the performance of activities pursuant to the
18 collection of moneys owed the State, (7) for payments of any
19 amounts which are reimbursable to the federal government
20 which are required to be paid by State warrant by either the
21 State or federal government, and (8) for disbursements to
22 attorneys or advocates for legal representation in an appeal
23 of any claim for federal Supplemental Security Income
24 benefits before an administrative law judge as provided for
25 in Section 3-13 of this Code. Disbursements from the Fund
26 for purposes of items (5), (6), and (8) of this paragraph
27 shall be subject to appropriations from the Fund to the
28 Illinois Department of Human Services.
29 The balance in the Fund on the first day of each calendar
30 quarter, after payment therefrom of any amounts reimbursable
31 to the federal government, and minus the amount reasonably
32 anticipated to be needed to make the disbursements during
33 that quarter authorized by this Section, shall be certified
34 by the Secretary of Human Services and transferred by the
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1 State Comptroller to the General Revenue Fund within 30 days
2 after the first day of each calendar quarter.
3 (305 ILCS 5/12-10) (from Ch. 23, par. 12-10)
4 Sec. 12-10. Special Purposes Trust Fund; uses. The
5 Special Purposes Trust Fund, to be held outside the State
6 Treasury by the State Treasurer as ex-officio custodian,
7 shall consist of (1) any federal grants received under
8 Section 12-4.6 that are not required by Section 12-5 to be
9 paid into the General Revenue Fund or transferred into the
10 Local Initiative Fund under Section 12-10.1 or deposited in
11 the Employment and Training Fund under Section 12-10.3 or in
12 the special account established and maintained in that Fund
13 as provided in that Section; (2) grants, gifts or legacies of
14 moneys or securities received under Section 12-4.18; (3)
15 grants received under Section 12-4.19; and (4) funds for
16 child care and development services. Disbursements from this
17 Fund shall be only for the purposes authorized by the
18 aforementioned Sections.
19 Disbursements from this Fund shall be by warrants drawn
20 by the State Comptroller on receipt of vouchers duly executed
21 and certified by the Illinois Department of Human Services,
22 including payment to the Health Insurance Reserve Fund for
23 group insurance costs at the rate certified by the Department
24 of Central Management Services.
25 All federal monies received as reimbursement for
26 expenditures from the General Revenue Fund, and which were
27 made for the purposes authorized for expenditures from the
28 Special Purposes Trust Fund, shall be deposited by the
29 Department into the General Revenue Fund.
30 (Source: P.A. 90-587, eff. 7-1-98.)
31 (305 ILCS 5/12-11) (from Ch. 23, par. 12-11)
32 Sec. 12-11. Deposits by State Treasurer. The State
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1 Treasurer shall deposit moneys received by him as ex-officio
2 custodian of the Public Assistance Recoveries Trust Fund
3 (until July 1, 1998), the Child Support Enforcement Trust
4 Fund and the Special Purposes Trust Fund in banks or savings
5 and loan associations which have been approved by him as
6 State Depositaries under the Deposit of State Moneys Act, and
7 with respect to such moneys shall be entitled to the same
8 rights and privileges as are provided by such Act with
9 respect to moneys in the treasury of the State of Illinois.
10 (Source: P.A. 90-255, eff. 1-1-98.)
11 (305 ILCS 5/15-2) (from Ch. 23, par. 15-2)
12 Sec. 15-2. County Provider Trust Fund.
13 (a) There is created in the State Treasury the County
14 Provider Trust Fund. Interest earned by the Fund shall be
15 credited to the Fund. The Fund shall not be used to replace
16 any funds appropriated to the Medicaid program by the General
17 Assembly.
18 (b) The Fund is created solely for the purposes of
19 receiving, investing, and distributing monies in accordance
20 with this Article XV. The Fund shall consist of:
21 (1) All monies collected or received by the
22 Illinois Department under Section 15-3 of this Code;
23 (2) All federal financial participation monies
24 received by the Illinois Department pursuant to Title XIX
25 of the Social Security Act, 42 U.S.C. 1396(b),
26 attributable to eligible expenditures made by the
27 Illinois Department pursuant to Section 15-5 of this
28 Code;
29 (3) All federal moneys received by the Illinois
30 Department pursuant to Title XXI of the Social Security
31 Act attributable to eligible expenditures made by the
32 Illinois Department pursuant to Section 15-5 of this
33 Code; and
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1 (4) All other monies received by the Fund from any
2 source, including interest thereon.
3 (c) Disbursements from the Fund shall be by warrants
4 drawn by the State Comptroller upon receipt of vouchers duly
5 executed and certified by the Illinois Department and shall
6 be made only:
7 (1) For hospital inpatient care, hospital
8 outpatient care, care provided by other outpatient
9 facilities operated by a county, and disproportionate
10 share hospital payments made under Title XIX of the
11 Social Security Act and Article V of this Code as
12 required by Section 15-5 of this Code;
13 (1.5) For services provided by county providers
14 pursuant to Section 5-11 or 5-16.3 of this Code;
15 (2) For the reimbursement of administrative
16 expenses incurred by county providers on behalf of the
17 Illinois Department as permitted by Section 15-4 of this
18 Code;
19 (3) For the reimbursement of monies received by the
20 Fund through error or mistake;
21 (4) For the payment of administrative expenses
22 necessarily incurred by the Illinois Department or its
23 agent in performing the activities required by this
24 Article XV; and
25 (5) For the payment of any amounts that are
26 reimbursable to the federal government, attributable
27 solely to the Fund, and required to be paid by State
28 warrant; and
29 (6) For hospital inpatient care, hospital
30 outpatient care, care provided by other outpatient
31 facilities operated by a county, and disproportionate
32 share hospital payments made under Title XXI of the
33 Social Security Act, pursuant to Section 15-5 of this
34 Code.
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1 (Source: P.A. 90-618, eff. 7-10-98.)
2 (305 ILCS 5/15-3) (from Ch. 23, par. 15-3)
3 Sec. 15-3. Intergovernmental Transfers.
4 (a) Each qualifying county shall make an annual
5 intergovernmental transfer to the Illinois Department in an
6 amount equal to 71.7% of the difference between the total
7 payments made by the Illinois Department to such county
8 provider for hospital services under Titles Title XIX and XXI
9 of the Social Security Act or pursuant to Section 5-11 or
10 5-16.3 of this Code in each fiscal year ending June 30 (or
11 fraction thereof during the fiscal year ending June 30, 1993)
12 and $108,800,000 (or fraction thereof), except that the
13 annual intergovernmental transfer shall not exceed the total
14 payments made by the Illinois Department to such county
15 provider for hospital services under this Code or pursuant to
16 Section 5-16.3 of this Code, less the sum of (i) 50% of
17 payments reimbursable under Title XIX of the Social Security
18 Act at a rate of 50% and (ii) 65% of payments reimbursable
19 under the Social Security Act at a rate of 65%, in each
20 fiscal year ending June 30 (or fraction thereof).
21 (b) The payment schedule for the intergovernmental
22 transfer made hereunder shall be established by
23 intergovernmental agreement between the Illinois Department
24 and the applicable county, which agreement shall at a minimum
25 provide:
26 (1) For periodic payments no less frequently than
27 monthly to the county provider for inpatient and
28 outpatient approved or adjudicated claims and for
29 disproportionate share payments under Section 5-5.02 of
30 this Code (in the initial year, for services after July
31 1, 1991, or such other date as an approved State Medical
32 Assistance Plan shall provide) and to the county provider
33 pursuant to Section 5-16.3 of this Code.
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1 (2) For periodic payments no less frequently than
2 monthly to the county provider for supplemental
3 disproportionate share payments hereunder based on a
4 federally approved State Medical Assistance Plan.
5 (3) For calculation of the intergovernmental
6 transfer payment to be made by the county equal to 71.7%
7 of the difference between the amount of the periodic
8 payment and the base amount; provided, however, that if
9 the periodic payment for any period is less than the base
10 amount for such period, the base amount for the
11 succeeding period (and any successive period if
12 necessary) shall be increased by the amount of such
13 shortfall.
14 (4) For an intergovernmental transfer methodology
15 which obligates the Illinois Department to notify the
16 county and county provider in writing of each impending
17 periodic payment and the intergovernmental transfer
18 payment attributable thereto and which obligates the
19 Comptroller to release the periodic payment to the county
20 provider within one working day of receipt of the
21 intergovernmental transfer payment from the county.
22 (Source: P.A. 90-618, eff. 7-10-98.)
23 (305 ILCS 5/15-4) (from Ch. 23, par. 15-4)
24 Sec. 15-4. Contractual assumption of certain expenses.
25 Hospitals may, at their election, by written agreement
26 between the counties owning and operating the hospitals and
27 the Illinois Department, assume specified expenses of the
28 operation of the Illinois Department associated with the
29 determination of eligibility, direct payment of which
30 expenses by the Illinois Department would qualify as public
31 funds expended by the Illinois Department for the Illinois
32 Medical Assistance Program or other health care programs
33 administered by the Illinois Department. The Illinois
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1 Department shall open an adequately staffed special on-site
2 office or offices at facilities designated by the county for
3 the purpose of assisting the county in ensuring that all
4 eligible individuals are enrolled in the Illinois Medical
5 Assistance Program and, to the extent that enrollment into
6 the integrated health care program established under Section
7 5-16.3 of this Code is conducted at local public assistance
8 offices in the county, for the purpose of enrollment of
9 persons into any managed health care entity operated by the
10 county. The enrollment process shall meet the requirements
11 of subsection (e) of Section 5-16.3. Each such agreement,
12 executed in accordance with Section 3 of the
13 Intergovernmental Cooperation Act, shall describe the
14 operational expenses to be assumed in sufficient detail to
15 permit the Illinois Department to certify upon such written
16 obligation or performance thereunder that the hospital's
17 compliance with the terms of the agreement will amount to the
18 commitment of public funds eligible for the federal financial
19 participation or other federal funding called for in Title
20 XIX or Title XXI of the Social Security Act.
21 (Source: P.A. 87-13; 88-554, eff. 7-26-94.)
22 Section 30. The Illinois Marriage and Dissolution of
23 Marriage Act is amended by changing Sections 705 and 709 as
24 follows:
25 (750 ILCS 5/705) (from Ch. 40, par. 705)
26 Sec. 705. Support payments; receiving and disbursing
27 agents.
28 (1) The provisions of this Section shall apply, except
29 as provided in Sections 709 through 712.
30 (2) In a dissolution of marriage action filed in a
31 county of less than 3 million population in which an order or
32 judgment for child support is entered, and in supplementary
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1 proceedings in any such county to enforce or vary the terms
2 of such order or judgment arising out of an action for
3 dissolution of marriage filed in such county, the court,
4 except as it otherwise orders, under subsection (4) of this
5 Section, may direct that child support payments be made to
6 the clerk of the court.
7 (3) In a dissolution of marriage action filed in any
8 county of 3 million or more population in which an order or
9 judgment for child support is entered, and in supplementary
10 proceedings in any such county to enforce or vary the terms
11 of such order or judgment arising out of an action for
12 dissolution of marriage filed in such county, the court,
13 except as it otherwise orders under subsection (4) of this
14 Section, may direct that child support payments be made
15 either to the clerk of the court or to the Court Service
16 Division of the County Department of Public Aid. After the
17 effective date of this Act, the court, except as it otherwise
18 orders under subsection (4) of this Section, may direct that
19 child support payments be made either to the clerk of the
20 court or to the Illinois Department of Public Aid.
21 (4) In a dissolution of marriage action or supplementary
22 proceedings involving maintenance or child support payments,
23 or both, to persons who are recipients of aid under the
24 Illinois Public Aid Code, the court shall direct that such
25 payments be made to (a) the Illinois Department of Public Aid
26 if the persons are recipients under Articles III, IV, or V of
27 the Code, or (b) the local governmental unit responsible for
28 their support if they are recipients under Articles VI or VII
29 of the Code. In accordance with federal law and regulations,
30 the Illinois Department of Public Aid may continue to collect
31 current maintenance payments or child support payments, or
32 both, after those persons cease to receive public assistance
33 and until termination of services under Article X of the
34 Illinois Public Aid Code. The Illinois Department of Public
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1 Aid shall pay the net amount collected to those persons after
2 deducting any costs incurred in making the collection or any
3 collection fee from the amount of any recovery made. The
4 order shall permit the Illinois Department of Public Aid or
5 the local governmental unit, as the case may be, to direct
6 that payments be made directly to the former spouse, the
7 children, or both, or to some person or agency in their
8 behalf, upon removal of the former spouse or children from
9 the public aid rolls or upon termination of services under
10 Article X of the Illinois Public Aid Code; and upon such
11 direction, the Illinois Department or local governmental
12 unit, as the case requires, shall give notice of such action
13 to the court in writing or by electronic transmission.
14 (5) All clerks of the court and the Court Service
15 Division of a County Department of Public Aid and, after the
16 effective date of this Act, all clerks of the court and the
17 Illinois Department of Public Aid, receiving child support
18 payments under subsections (2) and (3) of this Section shall
19 disburse the payments to the person or persons entitled
20 thereto under the terms of the order or judgment. They shall
21 establish and maintain current records of all moneys received
22 and disbursed and of defaults and delinquencies in required
23 payments. The court, by order or rule, shall make provision
24 for the carrying out of these duties.
25 in effect in accordance with the Income Withholding for
26 Support
27 Upon notification in writing or by electronic
28 transmission from the Illinois Department of Public Aid to
29 the clerk of the court that a person who is receiving support
30 payments under this Section is receiving services under the
31 Child Support Enforcement Program established by Title IV-D
32 of the Social Security Act, any support payments subsequently
33 received by the clerk of the court shall be transmitted in
34 accordance with the instructions of the Illinois Department
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1 of Public Aid until the Department gives notice to the clerk
2 of the court to cease the transmittal. After providing the
3 notification authorized under this paragraph, the Illinois
4 Department of Public Aid shall be entitled as a party to
5 notice of any further proceedings in the case. The clerk of
6 the court shall file a copy of the Illinois Department of
7 Public Aid's notification in the court file. The failure of
8 the clerk to file a copy of the notification in the court
9 file shall not, however, affect the Illinois Department of
10 Public Aid's right to receive notice of further proceedings.
11 Payments under this Section to the Illinois Department of
12 Public Aid pursuant to the Child Support Enforcement Program
13 established by Title IV-D of the Social Security Act shall be
14 paid into the Child Support Enforcement Trust Fund. All
15 other payments under this Section to the Illinois Department
16 of Human Services Public Aid shall be deposited in the DHS
17 Public Assistance Recoveries Trust Fund. Disbursements from
18 these funds shall be as provided in the Illinois Public Aid
19 Code. Payments received by a local governmental unit shall
20 be deposited in that unit's General Assistance Fund. Any
21 order of court directing payment of child support to a clerk
22 of court or the Court Service Division of a County Department
23 of Public Aid, which order has been entered on or after
24 August 14, 1961, and prior to the effective date of this Act,
25 may be amended by the court in line with this Act; and orders
26 involving payments of maintenance or child support to
27 recipients of public aid may in like manner be amended to
28 conform to this Act.
29 (6) No filing fee or costs will be required in any
30 action brought at the request of the Illinois Department of
31 Public Aid in any proceeding under this Act. However, any
32 such fees or costs may be assessed by the court against the
33 respondent in the court's order of support or any
34 modification thereof in a proceeding under this Act.
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1 (7) For those cases in which child support is payable to
2 the clerk of the circuit court for transmittal to the
3 Illinois Department of Public Aid by order of court or upon
4 notification by the Illinois Department of Public Aid, the
5 clerk shall transmit all such payments, within 4 working days
6 of receipt, to insure that funds are available for immediate
7 distribution by the Department to the person or entity
8 entitled thereto in accordance with standards of the Child
9 Support Enforcement Program established under Title IV-D of
10 the Social Security Act. The clerk shall notify the
11 Department of the date of receipt and amount thereof at the
12 time of transmittal. Where the clerk has entered into an
13 agreement of cooperation with the Department to record the
14 terms of child support orders and payments made thereunder
15 directly into the Department's automated data processing
16 system, the clerk shall account for, transmit and otherwise
17 distribute child support payments in accordance with such
18 agreement in lieu of the requirements contained herein.
19 In any action filed in a county with a population of
20 1,000,000 or less, the court shall assess against the
21 respondent in any order of maintenance or child support any
22 sum up to $36 annually authorized by ordinance of the county
23 board to be collected by the clerk of the court as costs for
24 administering the collection and disbursement of maintenance
25 and child support payments. Such sum shall be in addition to
26 and separate from amounts ordered to be paid as maintenance
27 or child support.
28 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
29 90-790, eff. 8-14-98; revised 9-14-98.)
30 (750 ILCS 5/709) (from Ch. 40, par. 709)
31 Sec. 709. Mandatory child support payments to clerk.
32 (a) As of January 1, 1982, child support orders entered
33 in any county covered by this subsection shall be made
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1 pursuant to the provisions of Sections 709 through 712 of
2 this Act. For purposes of these Sections, the term "child
3 support payment" or "payment" shall include any payment
4 ordered to be made solely for the purpose of the support of a
5 child or children or any payment ordered for general support
6 which includes any amount for support of any child or
7 children.
8 The provisions of Sections 709 through 712 shall be
9 applicable to any county with a population of 2 million or
10 more and to any other county which notifies the Supreme Court
11 of its desire to be included within the coverage of these
12 Sections and is certified pursuant to Supreme Court Rules.
13 The effective date of inclusion, however, shall be
14 subject to approval of the application for reimbursement of
15 the costs of the support program by the Department of Public
16 Aid as provided in Section 712.
17 (b) In any proceeding for a dissolution of marriage,
18 legal separation, or declaration of invalidity of marriage,
19 or in any supplementary proceedings in which a judgment or
20 modification thereof for the payment of child support is
21 entered on or after January 1, 1982, in any county covered by
22 Sections 709 through 712, and the person entitled to payment
23 is receiving a grant of financial aid under Article IV of the
24 Illinois Public Aid Code or has applied and qualified for
25 support services under Section 10-1 of that Code, the court
26 shall direct: (1) that such payments be made to the clerk of
27 the court and (2) that the parties affected shall each
28 thereafter notify the clerk of any change of address or
29 change in other conditions that may affect the administration
30 of the order, including the fact that a party who was
31 previously not on public aid has become a recipient of public
32 aid, within 10 days of such change. All notices sent to the
33 obligor's last known address on file with the clerk shall be
34 deemed sufficient to proceed with enforcement pursuant to the
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1 provisions of Sections 709 through 712.
2 In all other cases, the court may direct that payments be
3 made to the clerk of the court.
4 (c) Except as provided in subsection (d) of this
5 Section, the clerk shall disburse the payments to the person
6 or persons entitled thereto under the terms of the order or
7 judgment.
8 (d) The court shall determine, prior to the entry of the
9 support order, if the party who is to receive the support is
10 presently receiving public aid or has a current application
11 for public aid pending and shall enter the finding on the
12 record.
13 If the person entitled to payment is a recipient of aid
14 under the Illinois Public Aid Code, the clerk, upon being
15 informed of this fact by finding of the court, by
16 notification by the party entitled to payment, by the
17 Illinois Department of Public Aid or by the local
18 governmental unit, shall make all payments to: (1) the
19 Illinois Department of Public Aid if the person is a
20 recipient under Article III, IV, or V of the Code or (2) the
21 local governmental unit responsible for his or her support if
22 the person is a recipient under Article VI or VII of the
23 Code. In accordance with federal law and regulations, the
24 Illinois Department of Public Aid may continue to collect
25 current maintenance payments or child support payments, or
26 both, after those persons cease to receive public assistance
27 and until termination of services under Article X of the
28 Illinois Public Aid Code. The Illinois Department of Public
29 Aid shall pay the net amount collected to those persons after
30 deducting any costs incurred in making the collection or any
31 collection fee from the amount of any recovery made. Upon
32 termination of public aid payments to such a recipient or
33 termination of services under Article X of the Illinois
34 Public Aid Code, the Illinois Department of Public Aid or the
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1 appropriate local governmental unit shall notify the clerk in
2 writing or by electronic transmission that all subsequent
3 payments are to be sent directly to the person entitled
4 thereto.
5 Upon notification in writing or by electronic
6 transmission from the Illinois Department of Public Aid to
7 the clerk of the court that a person who is receiving support
8 payments under this Section is receiving services under the
9 Child Support Enforcement Program established by Title IV-D
10 of the Social Security Act, any support payments subsequently
11 received by the clerk of the court shall be transmitted in
12 accordance with the instructions of the Illinois Department
13 of Public Aid until the Department gives notice to the clerk
14 of the court to cease the transmittal. After providing the
15 notification authorized under this paragraph, the Illinois
16 Department of Public Aid shall be entitled as a party to
17 notice of any further proceedings in the case. The clerk of
18 the court shall file a copy of the Illinois Department of
19 Public Aid's notification in the court file. The failure of
20 the clerk to file a copy of the notification in the court
21 file shall not, however, affect the Illinois Department of
22 Public Aid's right to receive notice of further proceedings.
23 Payments under this Section to the Illinois Department of
24 Public Aid pursuant to the Child Support Enforcement Program
25 established by Title IV-D of the Social Security Act shall be
26 paid into the Child Support Enforcement Trust Fund. All
27 other payments under this Section to the Illinois Department
28 of Human Services Public Aid shall be deposited in the DHS
29 Public Assistance Recoveries Trust Fund. Disbursements from
30 these funds shall be as provided in the Illinois Public Aid
31 Code. Payments received by a local governmental unit shall
32 be deposited in that unit's General Assistance Fund.
33 (e) Any order or judgment may be amended by the court,
34 upon its own motion or upon the motion of either party, to
HB2518 Enrolled -70- LRB9105168EGfg
1 conform with the provisions of Sections 709 through 712,
2 either as to the requirement of making payments to the clerk
3 or, where payments are already being made to the clerk, as to
4 the statutory fees provided for under Section 711.
5 (f) The clerk may invest in any interest bearing account
6 or in any securities, monies collected for the benefit of a
7 payee, where such payee cannot be found; however, the
8 investment may be only for the period until the clerk is able
9 to locate and present the payee with such monies. The clerk
10 may invest in any interest bearing account, or in any
11 securities, monies collected for the benefit of any other
12 payee; however, this does not alter the clerk's obligation to
13 make payments to the payee in a timely manner. Any interest
14 or capital gains accrued shall be for the benefit of the
15 county and shall be paid into the special fund established in
16 subsection (b) of Section 711.
17 (g) The clerk shall establish and maintain a payment
18 record of all monies received and disbursed and such record
19 shall constitute prima facie evidence of such payment and
20 non-payment, as the case may be.
21 (h) For those cases in which child support is payable to
22 the clerk of the circuit court for transmittal to the
23 Illinois Department of Public Aid by order of court or upon
24 notification by the Illinois Department of Public Aid, the
25 clerk shall transmit all such payments, within 4 working days
26 of receipt, to insure that funds are available for immediate
27 distribution by the Department to the person or entity
28 entitled thereto in accordance with standards of the Child
29 Support Enforcement Program established under Title IV-D of
30 the Social Security Act. The clerk shall notify the
31 Department of the date of receipt and amount thereof at the
32 time of transmittal. Where the clerk has entered into an
33 agreement of cooperation with the Department to record the
34 terms of child support orders and payments made thereunder
HB2518 Enrolled -71- LRB9105168EGfg
1 directly into the Department's automated data processing
2 system, the clerk shall account for, transmit and otherwise
3 distribute child support payments in accordance with such
4 agreement in lieu of the requirements contained herein.
5 (Source: P.A. 87-1252; 88-687, eff. 1-24-95.)
6 Section 35. The Non-Support of Spouse and Children Act
7 is amended by changing Section 2.1 as follows:
8 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
9 Sec. 2.1. Support payments; receiving and disbursing
10 agents.
11 (1) In actions instituted under this Act on and after
12 August 14, 1961, involving a minor child or children, the
13 Court, except in actions instituted on or after August 26,
14 1969, in which the support payments are in behalf of a
15 recipient of aid under the Illinois Public Aid Code, shall
16 direct that moneys ordered to be paid for support under
17 Sections 3 and 4 of this Act shall be paid to the clerk of
18 the court in counties of less than 3 million population, and
19 in counties of 3 million or more population, to the clerk or
20 probation officer of the court or to the Court Service
21 Division of the County Department of Public Aid. After the
22 effective date of this amendatory Act of 1975, the court
23 shall direct that such support moneys be paid to the clerk or
24 probation officer or the Illinois Department of Public Aid.
25 However, the court in its discretion may direct otherwise
26 where exceptional circumstances so warrant. If payment is to
27 be made to persons other than the clerk or probation officer,
28 the Court Service Division of the County Department of Public
29 Aid, or the Illinois Department of Public Aid, the judgment
30 or order of support shall set forth the facts of the
31 exceptional circumstances.
32 (2) In actions instituted after August 26, 1969, where
HB2518 Enrolled -72- LRB9105168EGfg
1 the support payments are in behalf of spouses, children, or
2 both, who are recipients of aid under the Illinois Public Aid
3 Code, the court shall order the payments to be made directly
4 to (1) the Illinois Department of Public Aid if the person is
5 a recipient under Articles III, IV or V of the Code, or (2)
6 to the local governmental unit responsible for the support of
7 the person if he or she is a recipient under Articles VI or
8 VII of the Code. In accordance with federal law and
9 regulations, the Illinois Department of Public Aid may
10 continue to collect current maintenance payments or child
11 support payments, or both, after those persons cease to
12 receive public assistance and until termination of services
13 under Article X of the Illinois Public Aid Code. The
14 Illinois Department of Public Aid shall pay the net amount
15 collected to those persons after deducting any costs incurred
16 in making the collection or any collection fee from the
17 amount of any recovery made. The order shall permit the
18 Illinois Department of Public Aid or the local governmental
19 unit, as the case may be, to direct that support payments be
20 made directly to the spouse, children, or both, or to some
21 person or agency in their behalf, upon removal of the spouse
22 or children from the public aid rolls or upon termination of
23 services under Article X of the Illinois Public Aid Code; and
24 upon such direction, the Illinois Department or the local
25 governmental unit, as the case requires, shall give notice of
26 such action to the court in writing or by electronic
27 transmission.
28 (3) The clerks, probation officers, and the Court
29 Service Division of the County Department of Public Aid in
30 counties of 3 million or more population, and, after the
31 effective date of this amendatory Act of 1975, the clerks,
32 probation officers, and the Illinois Department of Public
33 Aid, shall disburse moneys paid to them to the person or
34 persons entitled thereto under the order of the Court. They
HB2518 Enrolled -73- LRB9105168EGfg
1 shall establish and maintain current records of all moneys
2 received and disbursed and of delinquencies and defaults in
3 required payments. The Court, by order or rule, shall make
4 provision for the carrying out of these duties.
5 in accordance with the Income Withholding for Support
6 Upon notification in writing or by electronic
7 transmission from the Illinois Department of Public Aid to
8 the clerk of the court that a person who is receiving support
9 payments under this Section is receiving services under the
10 Child Support Enforcement Program established by Title IV-D
11 of the Social Security Act, any support payments subsequently
12 received by the clerk of the court shall be transmitted in
13 accordance with the instructions of the Illinois Department
14 of Public Aid until the Department gives notice to cease the
15 transmittal. After providing the notification authorized
16 under this paragraph, the Illinois Department of Public Aid
17 shall be entitled as a party to notice of any further
18 proceedings in the case. The clerk of the court shall file a
19 copy of the Illinois Department of Public Aid's notification
20 in the court file. The failure of the clerk to file a copy
21 of the notification in the court file shall not, however,
22 affect the Illinois Department of Public Aid's right to
23 receive notice of further proceedings.
24 (4) Payments under this Section to the Illinois
25 Department of Public Aid pursuant to the Child Support
26 Enforcement Program established by Title IV-D of the Social
27 Security Act shall be paid into the Child Support Enforcement
28 Trust Fund. All other payments under this Section to the
29 Illinois Department of Human Services Public Aid shall be
30 deposited in the DHS Public Assistance Recoveries Trust Fund.
31 Disbursements from these funds shall be as provided in the
32 Illinois Public Aid Code. Payments received by a local
33 governmental unit shall be deposited in that unit's General
34 Assistance Fund.
HB2518 Enrolled -74- LRB9105168EGfg
1 (5) Orders and assignments entered or executed prior to
2 the Act approved August 14, 1961 shall not be affected
3 thereby. Employers served with wage assignments executed
4 prior to that date shall comply with the terms thereof.
5 However, the Court, on petition of the state's attorney, or
6 of the Illinois Department of Public Aid or local
7 governmental unit in respect to recipients of public aid, may
8 order the execution of new assignments and enter new orders
9 designating the clerk, probation officer, or the Illinois
10 Department of Public Aid or appropriate local governmental
11 unit in respect to payments in behalf of recipients of public
12 aid, as the person or agency authorized to receive and
13 disburse the salary or wages assigned. On like petition the
14 Court may enter new orders designating such officers,
15 agencies or governmental units to receive and disburse the
16 payments ordered under Section 4.
17 (6) For those cases in which child support is payable to
18 the clerk of the circuit court for transmittal to the
19 Illinois Department of Public Aid by order of court or upon
20 notification by the Illinois Department of Public Aid, the
21 clerk shall transmit all such payments, within 4 working days
22 of receipt, to insure that funds are available for immediate
23 distribution by the Department to the person or entity
24 entitled thereto in accordance with standards of the Child
25 Support Enforcement Program established under Title IV-D of
26 the Social Security Act. The clerk shall notify the
27 Department of the date of receipt and amount thereof at the
28 time of transmittal. Where the clerk has entered into an
29 agreement of cooperation with the Department to record the
30 terms of child support orders and payments made thereunder
31 directly into the Department's automated data processing
32 system, the clerk shall account for, transmit and otherwise
33 distribute child support payments in accordance with such
34 agreement in lieu of the requirements contained herein.
HB2518 Enrolled -75- LRB9105168EGfg
1 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
2 90-790, eff. 8-14-98; revised 9-14-98.)
3 Section 40. The Illinois Parentage Act of 1984 is
4 amended by changing Section 21 as follows:
5 (750 ILCS 45/21) (from Ch. 40, par. 2521)
6 Sec. 21. Support payments; receiving and disbursing
7 agents.
8 (1) In an action filed in a county counties of less than
9 3 million population in which an order for child support is
10 entered, and in supplementary proceedings in such a county
11 counties to enforce or vary the terms of such order arising
12 out of an action filed in such a county counties, the court,
13 except in actions or supplementary proceedings in which the
14 pregnancy and delivery expenses of the mother or the child
15 support payments are for a recipient of aid under the
16 Illinois Public Aid Code, shall direct that child support
17 payments be made to the clerk of the court unless in the
18 discretion of the court exceptional circumstances warrant
19 otherwise. In cases where payment is to be made to persons
20 other than the clerk of the court the judgment or order of
21 support shall set forth the facts of the exceptional
22 circumstances.
23 (2) In an action filed in a county counties of 3 million
24 or more population in which an order for child support is
25 entered, and in supplementary proceedings in such a county
26 counties to enforce or vary the terms of such order arising
27 out of an action filed date in such a county counties, the
28 court, except in actions or supplementary proceedings in
29 which the pregnancy and delivery expenses of the mother or
30 the child support payments are for a recipient of aid under
31 the Illinois Public Aid Code, shall direct that child support
32 payments be made either to the clerk of the court or to the
HB2518 Enrolled -76- LRB9105168EGfg
1 Court Service Division of the County Department of Public
2 Aid, or to the clerk of the court or to the Illinois
3 Department of Public Aid, unless in the discretion of the
4 court exceptional circumstances warrant otherwise. In cases
5 where payment is to be made to persons other than the clerk
6 of the court, the Court Service Division of the County
7 Department of Public Aid, or the Illinois Department of
8 Public Aid, the judgment or order of support shall set forth
9 the facts of the exceptional circumstances.
10 (3) Where the action or supplementary proceeding is in
11 behalf of a mother for pregnancy and delivery expenses or for
12 child support, or both, and the mother, child, or both, are
13 recipients of aid under the Illinois Public Aid Code, the
14 court shall order that the payments be made directly to (a)
15 the Illinois Department of Public Aid if the mother or child,
16 or both, are recipients under Articles IV or V of the Code,
17 or (b) the local governmental unit responsible for the
18 support of the mother or child, or both, if they are
19 recipients under Articles VI or VII of the Code. In
20 accordance with federal law and regulations, the Illinois
21 Department of Public Aid may continue to collect current
22 maintenance payments or child support payments, or both,
23 after those persons cease to receive public assistance and
24 until termination of services under Article X of the Illinois
25 Public Aid Code. The Illinois Department of Public Aid shall
26 pay the net amount collected to those persons after deducting
27 any costs incurred in making the collection or any collection
28 fee from the amount of any recovery made. The Illinois
29 Department of Public Aid or the local governmental unit, as
30 the case may be, may direct that payments be made directly to
31 the mother of the child, or to some other person or agency in
32 the child's behalf, upon the removal of the mother and child
33 from the public aid rolls or upon termination of services
34 under Article X of the Illinois Public Aid Code; and upon
HB2518 Enrolled -77- LRB9105168EGfg
1 such direction, the Illinois Department or the local
2 governmental unit, as the case requires, shall give notice of
3 such action to the court in writing or by electronic
4 transmission.
5 (4) All clerks of the court and the Court Service
6 Division of a County Department of Public Aid and the
7 Illinois Department of Public Aid, receiving child support
8 payments under paragraphs (1) or (2) shall disburse the same
9 to the person or persons entitled thereto under the terms of
10 the order. They shall establish and maintain clear and
11 current records of all moneys received and disbursed and of
12 defaults and delinquencies in required payments. The court,
13 by order or rule, shall make provision for the carrying out
14 of these duties.
15 in accordance with the Income Withholding for Support
16 Upon notification in writing or by electronic
17 transmission from the Illinois Department of Public Aid to
18 the clerk of the court that a person who is receiving support
19 payments under this Section is receiving services under the
20 Child Support Enforcement Program established by Title IV-D
21 of the Social Security Act, any support payments subsequently
22 received by the clerk of the court shall be transmitted in
23 accordance with the instructions of the Illinois Department
24 of Public Aid until the Department gives notice to cease the
25 transmittal. After providing the notification authorized
26 under this paragraph, the Illinois Department of Public Aid
27 shall be entitled as a party to notice of any further
28 proceedings in the case. The clerk of the court shall file a
29 copy of the Illinois Department of Public Aid's notification
30 in the court file. The failure of the clerk to file a copy
31 of the notification in the court file shall not, however,
32 affect the Illinois Department of Public Aid's right to
33 receive notice of further proceedings.
34 Payments under this Section to the Illinois Department of
HB2518 Enrolled -78- LRB9105168EGfg
1 Public Aid pursuant to the Child Support Enforcement Program
2 established by Title IV-D of the Social Security Act shall be
3 paid into the Child Support Enforcement Trust Fund. All
4 other payments under this Section to the Illinois Department
5 of Human Services Public Aid shall be deposited in the DHS
6 Public Assistance Recoveries Trust Fund. Disbursement from
7 these funds shall be as provided in the Illinois Public Aid
8 Code. Payments received by a local governmental unit shall
9 be deposited in that unit's General Assistance Fund.
10 (5) The moneys received by persons or agencies
11 designated by the court shall be disbursed by them in
12 accordance with the order. However, the court, on petition
13 of the state's attorney, may enter new orders designating the
14 clerk of the court or the Illinois Department of Public Aid,
15 as the person or agency authorized to receive and disburse
16 child support payments and, in the case of recipients of
17 public aid, the court, on petition of the Attorney General or
18 State's Attorney, shall direct subsequent payments to be paid
19 to the Illinois Department of Public Aid or to the
20 appropriate local governmental unit, as provided in paragraph
21 (3). Payments of child support by principals or sureties on
22 bonds, or proceeds of any sale for the enforcement of a
23 judgment shall be made to the clerk of the court, the
24 Illinois Department of Public Aid or the appropriate local
25 governmental unit, as the respective provisions of this
26 Section require.
27 (6) For those cases in which child support is payable to
28 the clerk of the circuit court for transmittal to the
29 Illinois Department of Public Aid by order of court or upon
30 notification by the Illinois Department of Public Aid, the
31 clerk shall transmit all such payments, within 4 working days
32 of receipt, to insure that funds are available for immediate
33 distribution by the Department to the person or entity
34 entitled thereto in accordance with standards of the Child
HB2518 Enrolled -79- LRB9105168EGfg
1 Support Enforcement Program established under Title IV-D of
2 the Social Security Act. The clerk shall notify the
3 Department of the date of receipt and amount thereof at the
4 time of transmittal. Where the clerk has entered into an
5 agreement of cooperation with the Department to record the
6 terms of child support orders and payments made thereunder
7 directly into the Department's automated data processing
8 system, the clerk shall account for, transmit and otherwise
9 distribute child support payments in accordance with such
10 agreement in lieu of the requirements contained herein.
11 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
12 90-790, eff. 8-14-98; revised 11-5-98.)
13 Section 99. Effective date. This Act takes effect July
14 1, 1999.
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