Full Text of SB1905 97th General Assembly
SB1905 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1905 Introduced 2/10/2011, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
| New Act | | 735 ILCS 5/12-1001 | from Ch. 110, par. 12-1001 |
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Creates the Universal Child Care Benefit Act. Provides that the purpose of the Act is to assist families
by supporting their child care choices
through direct financial support to a maximum
of $1,200 per year in respect to each child who is at least 2 years of age but has
not attained the age of 5 years. Requires the Department of Human Services to pay parents a monthly benefit of $100 for each child who qualifies under the Act. Contains provisions concerning overpayments; acknowledgment of liability; interest payments; and interagency agreements. Amends the Code of Civil Procedure to make a corresponding change.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Universal Child Care Benefit Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Director" means the Director of the Department of Human | 8 | | Services. | 9 | | "Department" means the Department of Human Services. | 10 | | "Eligible parent" means the parent or parents or guardian | 11 | | or guardians having legal or physical custody of a qualified | 12 | | child. | 13 | | "Qualified child" means a child who is at least 2 years of | 14 | | age but has
not attained the age of 5 years. | 15 | | Section 10. Purpose. The purpose of this Act is to assist | 16 | | families
by supporting their child care choices
through direct | 17 | | financial support to a maximum
of $1,200 per year in respect to | 18 | | each of their
qualified children. | 19 | | Section 15. Benefit. | 20 | | (a) The Department shall pay to the eligible parent, for | 21 | | each month at the beginning of which he or she is an eligible |
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| 1 | | parent, a benefit of $100 for each child who is a qualified | 2 | | child at the beginning of that month. | 3 | | (b) A benefit provided under this Act: | 4 | | (1) may not be assigned, charged, attached, or
given as | 5 | | security; | 6 | | (2) may not be retained by way of deduction,
set-off, | 7 | | or compensation under
any law of this State except as | 8 | | otherwise provided under this Act;
and | 9 | | (3) is not garnishable. | 10 | | Section 20. Overpayments. | 11 | | (a) A person who has received or obtained
a benefit to | 12 | | which the person is not entitled,
or a benefit in excess of the | 13 | | amount of the
benefit to which the person is entitled, shall, | 14 | | as
soon as possible, repay the amount of the benefit
or the | 15 | | excess amount, as the case may be. | 16 | | (b) The amount of the erroneous payment or overpayment | 17 | | constitutes a debt due to the Department, as of the day on | 18 | | which it was paid,
and may be recovered by the Department. | 19 | | Section 25. Acknowledgement of liability; limitation | 20 | | period. | 21 | | (a) No action or
proceedings shall be taken to recover an | 22 | | erroneous payment or overpayment
owed under this Act after the | 23 | | expiration of the 6-year
limitation period that begins to run | 24 | | on the day on
which the erroneous payment or overpayment |
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| 1 | | becomes due and payable. | 2 | | (b) Any erroneous payment or overpayment
owed to the | 3 | | Department under this Act
may be recovered at any time by way | 4 | | of deduction
from, set-off against, or compensation
against, | 5 | | any sum of money, including
a benefit under this Act, that may | 6 | | be due or
payable by the Department to
the person. | 7 | | (c) If a person's liability for an erroneous payment or | 8 | | overpayment
owed
under this Act is acknowledged in accordance
| 9 | | with subsection (e), the time during which the
limitation | 10 | | period has run before the acknowledgment
does not count in the | 11 | | calculation of
that period. | 12 | | (d) If a person's liability for an erroneous payment or | 13 | | overpayment
owed
under this Act is acknowledged in accordance
| 14 | | with subsection (e) after the expiration of the limitation
| 15 | | period, an action or proceedings to recover
the erroneous | 16 | | payment or overpayment may, subject to subsections
(c) and (f), | 17 | | be brought within 6 years after
the date of the acknowledgment. | 18 | | (e) An acknowledgment of liability means: | 19 | | (1) a written promise to pay the erroneous payment or | 20 | | overpayment
owed,
signed by the person or his or her agent
| 21 | | or other representative; | 22 | | (2) a written acknowledgment of the erroneous payment | 23 | | or overpayment
owed, signed by the person or his or her
| 24 | | agent or other representative, whether or not
a promise to | 25 | | pay can be implied from it and
whether or not it contains a | 26 | | refusal to pay; |
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| 1 | | (3) a part payment by the person or his or
her agent or | 2 | | other representative of any erroneous payment or | 3 | | overpayment
owed; or | 4 | | (4) any acknowledgment of the erroneous payment or | 5 | | overpayment
owed
made by the person, his or her agent or
| 6 | | other representative
in the course of proceedings under
any | 7 | | law dealing with the payment of debts. | 8 | | (f) The running of a limitation period in respect
to an | 9 | | erroneous payment or overpayment
owed under this Act is | 10 | | suspended
during any period in which it is prohibited
to | 11 | | commence or continue an action or other
proceedings against the | 12 | | person to recover the erroneous payment or overpayment
owed | 13 | | under this Act. | 14 | | (g) This Section does not apply to
an action relating to | 15 | | the execution,
renewal, or enforcement of a judgment. | 16 | | Section 30. Interest payments. No interest is payable on | 17 | | any amount owed
to the Department under this Act as a result of
| 18 | | an overpayment or an erroneous payment. | 19 | | Section 35. Agreements. The Director may enter into | 20 | | agreements
or arrangements with any other State department, | 21 | | board, or
agency to assist
the Director in carrying out the | 22 | | purposes and
provisions of this Act. | 23 | | Section 40. Rules. The Department may adopt appropriate |
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| 1 | | rules to carry out the provisions of this Act. | 2 | | Section 90. The Code of Civil Procedure is amended by | 3 | | changing Section 12-1001 as follows:
| 4 | | (735 ILCS 5/12-1001)
(from Ch. 110, par. 12-1001)
| 5 | | Sec. 12-1001. Personal property exempt. The following | 6 | | personal property,
owned by the debtor, is exempt from | 7 | | judgment, attachment, or distress for rent:
| 8 | | (a) The necessary wearing apparel, bible, school | 9 | | books, and family
pictures of the debtor and the debtor's | 10 | | dependents;
| 11 | | (b) The debtor's equity interest, not to exceed $4,000 | 12 | | in
value, in any
other property;
| 13 | | (c) The debtor's interest, not to exceed $2,400
in | 14 | | value,
in any one motor
vehicle;
| 15 | | (d) The debtor's equity interest, not to exceed $1,500 | 16 | | in
value,
in any
implements, professional books, or tools | 17 | | of the trade of the debtor;
| 18 | | (e) Professionally prescribed health aids for the | 19 | | debtor or a dependent of
the debtor;
| 20 | | (f) All proceeds payable because of the death of the | 21 | | insured and the
aggregate net cash value of any or all life | 22 | | insurance and endowment
policies and annuity contracts | 23 | | payable to a wife or husband of the insured,
or to a child, | 24 | | parent, or other person dependent upon the insured, whether
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| 1 | | the power to change the beneficiary is reserved to the | 2 | | insured or not and
whether the insured or the insured's | 3 | | estate is a contingent beneficiary or not;
| 4 | | (g) The debtor's right to receive:
| 5 | | (1) a social security benefit, unemployment | 6 | | compensation, or public
assistance benefit;
| 7 | | (2) a veteran's benefit;
| 8 | | (3) a disability, illness, or unemployment | 9 | | benefit; and
| 10 | | (4) alimony, support, or separate maintenance, to | 11 | | the extent reasonably
necessary for the support of the | 12 | | debtor and any dependent of the debtor ; and .
| 13 | | (5) a benefit under the Universal Child Care | 14 | | Benefit Act.
| 15 | | (h) The debtor's right to receive, or property that is | 16 | | traceable to:
| 17 | | (1) an award under a crime victim's reparation law;
| 18 | | (2) a payment on account of the wrongful death of | 19 | | an individual of whom
the debtor was a dependent, to | 20 | | the extent reasonably necessary for the support
of the | 21 | | debtor;
| 22 | | (3) a payment under a life insurance contract that | 23 | | insured the life of
an individual of whom the debtor | 24 | | was a dependent, to the extent reasonably
necessary for | 25 | | the support of the debtor or a dependent of the debtor;
| 26 | | (4) a payment, not to exceed $15,000 in value, on |
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| 1 | | account
of personal
bodily injury of the debtor or an | 2 | | individual of whom the debtor was a
dependent; and
| 3 | | (5) any restitution payments made to persons | 4 | | pursuant to the federal
Civil Liberties Act of 1988 and | 5 | | the Aleutian and Pribilof Island
Restitution Act, P.L. | 6 | | 100-383.
| 7 | | For purposes of this subsection (h), a debtor's right | 8 | | to receive an award
or payment shall be exempt for a | 9 | | maximum of 2 years after the debtor's right
to receive the | 10 | | award or payment accrues; property traceable to an
award or | 11 | | payment shall be exempt for a maximum of 5 years after the | 12 | | award
or payment accrues; and an award or payment and | 13 | | property traceable
to an award or payment shall be exempt | 14 | | only to the extent of the amount
of the award or payment, | 15 | | without interest or appreciation from the date
of the award | 16 | | or payment.
| 17 | | (i) The debtor's right to receive an award under Part | 18 | | 20 of Article II of
this Code relating to crime victims' | 19 | | awards.
| 20 | | (j) Moneys held in an account invested in the Illinois | 21 | | College Savings Pool of which the debtor is a participant | 22 | | or donor, except the following non-exempt contributions: | 23 | | (1) any contribution to such account by the debtor | 24 | | as participant or donor that is made with the actual | 25 | | intent to hinder, delay, or defraud any creditor of the | 26 | | debtor; |
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| 1 | | (2) any contributions to such account by the debtor | 2 | | as participant during the 365 day period prior to the | 3 | | date of filing of the debtor's petition for bankruptcy | 4 | | that, in the aggregate during such period, exceed the | 5 | | amount of the annual gift tax exclusion under Section | 6 | | 2503(b) of the Internal Revenue Code of 1986, as | 7 | | amended, in effect at the time of contribution; or | 8 | | (3) any contributions to such account by the debtor | 9 | | as participant during the period commencing 730 days | 10 | | prior to and ending 366 days prior to the date of | 11 | | filing of the debtor's petition for bankruptcy that, in | 12 | | the aggregate during such period, exceed the amount of | 13 | | the annual gift tax exclusion under Section 2503(b) of | 14 | | the Internal Revenue Code of 1986, as amended, in | 15 | | effect at the time of contribution. | 16 | | For purposes of this subsection (j), "account" | 17 | | includes all accounts for a particular designated | 18 | | beneficiary, of which the debtor is a participant or donor.
| 19 | | Money due the debtor from the sale of any personal property | 20 | | that was
exempt from judgment, attachment, or distress for rent | 21 | | at the
time of the sale is exempt from attachment and | 22 | | garnishment to the same
extent that the property would be | 23 | | exempt had the same not been sold by
the debtor.
| 24 | | If a debtor owns property exempt under this Section and he | 25 | | or she purchased
that property with the intent of converting | 26 | | nonexempt property into exempt
property or in fraud of his or |
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| 1 | | her creditors, that property shall not be
exempt from judgment, | 2 | | attachment, or distress for rent. Property acquired
within 6 | 3 | | months of the filing of the petition for bankruptcy shall be | 4 | | presumed
to have been acquired in contemplation of bankruptcy.
| 5 | | The personal property exemptions set forth in this Section | 6 | | shall apply
only to individuals and only to personal property | 7 | | that is used for personal
rather than business purposes. The | 8 | | personal property exemptions set forth
in this Section shall | 9 | | not apply to or be allowed
against any money, salary, or wages | 10 | | due or to become due to the debtor that
are required to be | 11 | | withheld in a wage
deduction proceeding under Part 8 of this
| 12 | | Article XII.
| 13 | | (Source: P.A. 94-293, eff. 1-1-06; 95-306, eff. 1-1-08.)
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