Illinois General Assembly - Full Text of SB3891
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Full Text of SB3891  102nd General Assembly

SB3891 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3891

 

Introduced 1/21/2022, by Sen. Dale Fowler

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/10-16.5

    Amends the Illinois Public Aid Code. In a provision concerning interest on support obligations, provides that, notwithstanding any cessation by the Department of Healthcare and Family Services of enforcement of interest on support obligations as the result of Public Act 101-336 and the rules adopted under it, the Department shall enforce interest on support obligations that become due and remain unpaid on and after the effective date of the amendatory Act. Provides that the Department shall adopt rules to carry out the amendatory Act.


LRB102 23064 KTG 32220 b

 

 

A BILL FOR

 

SB3891LRB102 23064 KTG 32220 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 10-16.5 as follows:
 
6    (305 ILCS 5/10-16.5)
7    Sec. 10-16.5. Interest on support obligations. A support
8obligation, or any portion of a support obligation, which
9becomes due and remains unpaid as of the end of each month,
10excluding the child support that was due for that month to the
11extent that it was not paid in that month, shall accrue simple
12interest as set forth in Section 12-109 of the Code of Civil
13Procedure. An order for support entered or modified on or
14after January 1, 2006 shall contain a statement that a support
15obligation required under the order, or any portion of a
16support obligation required under the order, that becomes due
17and remains unpaid as of the end of each month, excluding the
18child support that was due for that month to the extent that it
19was not paid in that month, shall accrue simple interest as set
20forth in Section 12-109 of the Code of Civil Procedure.
21Failure to include the statement in the order for support does
22not affect the validity of the order or the accrual of interest
23as provided in this Section. Notwithstanding any cessation by

 

 

SB3891- 2 -LRB102 23064 KTG 32220 b

1the Department of enforcement of interest on support
2obligations as the result of the amendment of this Section by
3Public Act 101-336 and the rules adopted in accordance with
4that amendment, the Department shall enforce interest on
5support obligations that become due and remain unpaid on and
6after the effective date of this amendatory Act of the 102nd
7General Assembly. The Department shall adopt rules to carry
8out this amendatory Act of the 102nd General Assembly. The
9Department may provide, by rule, if, or how, the Department
10will enforce interest in cases in which IV-D services are
11being provided.
12(Source: P.A. 101-336, eff. 8-9-19.)