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HB4291 Engrossed |
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LRB095 15309 DRJ 41297 b |
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| AN ACT concerning public aid.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by |
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| adding Section 10-29 as follows: |
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| (305 ILCS 5/10-29 new) |
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| Sec. 10-29. Child's majority; refund of support |
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| overpayment. |
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| (a) In this Section, "order for support" and "obligor" mean |
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| those terms as
defined in the Income Withholding for Support |
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| Act, except that "order for
support" does not mean an order |
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| providing for spousal maintenance under which
there is no child |
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| support obligation. |
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| (b) If (i) the Department of Healthcare and Family Services |
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| collects child support from an obligor pursuant to an order for |
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| support, (ii) the obligor complies with all of the requirements |
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| of the order for support and does not incur any arrearage in |
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| the payment of child support, (iii) the child attains 18 years |
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| of age or graduates from high school and the obligation to pay |
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| child support under the order terminates, (iv) the Department |
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| of Healthcare and Family Services continues to collect child |
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| support from the obligor after the child attains 18 years of |
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| age or graduates from high school and the obligation to pay |
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HB4291 Engrossed |
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LRB095 15309 DRJ 41297 b |
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| child support under the order has terminated and no arrearage |
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| exists, and (v) the Department of Healthcare and Family |
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| Services learns of the possible wrongful collection of child |
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| support, then the Department shall conduct an investigation to |
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| determine whether such a wrongful collection occurred and, if |
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| it determines that such a wrongful collection occurred and was |
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| the fault of the Department, then the Department must refund to |
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| the obligor all amounts of child support collected from the |
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| obligor after the obligation to pay child support under the |
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| order terminated. The Department must make the refund to the |
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| obligor within 60 days after the Department determines that the |
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| wrongful collection of child support occurred. |
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| (c) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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HB4291 Engrossed |
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LRB095 15309 DRJ 41297 b |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor.
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