[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0024
HB2518 Enrolled LRB9105168EGfg
AN ACT in relation to public assistance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation
that any agency finds reasonably constitutes a threat to the
public interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required
by Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency
rulemaking with the Secretary of State under Section 5-70.
The notice shall include the text of the emergency rule and
shall be published in the Illinois Register. Consent orders
or other court orders adopting settlements negotiated by an
agency may be adopted under this Section. Subject to
applicable constitutional or statutory provisions, an
emergency rule becomes effective immediately upon filing
under Section 5-65 or at a stated date less than 10 days
thereafter. The agency's finding and a statement of the
specific reasons for the finding shall be filed with the
rule. The agency shall take reasonable and appropriate
measures to make emergency rules known to the persons who may
be affected by them.
(c) An emergency rule may be effective for a period of
not longer than 150 days, but the agency's authority to adopt
an identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of
emergency rules that may be adopted in a 24 month period does
not apply to (i) emergency rules that make additions to and
deletions from the Drug Manual under Section 5-5.16 of the
Illinois Public Aid Code or the generic drug formulary under
Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
(ii) emergency rules adopted by the Pollution Control Board
before July 1, 1997 to implement portions of the Livestock
Management Facilities Act. Two or more emergency rules
having substantially the same purpose and effect shall be
deemed to be a single rule for purposes of this Section.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act
90-587 or 90-588 this amendatory Act of 1998 or any other
budget initiative for fiscal year 1999 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (d). The adoption of
emergency rules authorized by this subsection (d) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget
initiative for fiscal year 2000 may be adopted in accordance
with this Section by the agency charged with administering
that provision or initiative, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (e). The adoption of emergency
rules authorized by this subsection (e) shall be deemed to be
necessary for the public interest, safety, and welfare.
(Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97;
90-587, eff. 7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.)
Section 10. The State Finance Act is amended by adding
Sections 5.495 and 5.496 and changing Section 6z-24 as
follows:
(30 ILCS 105/5.495 new)
Sec. 5.495. The Public Aid Recoveries Trust Fund.
(30 ILCS 105/5.496 new)
Sec. 5.496. The DHS Recoveries Trust Fund.
(30 ILCS 105/6z-24) (from Ch. 127, par. 142z-24)
Sec. 6z-24. There is created in the State Treasury the
Special Education Medicaid Matching Fund. All monies
received from the federal government due to
educationally-related services authorized under Section 1903
of the Social Security Act, as amended, and for the
administrative costs related thereto shall be deposited in
the Special Education Medicaid Matching Fund. All monies
received from the federal government due to
educationally-related services authorized under Section 2105
of the Social Security Act, as amended, shall be deposited in
the Special Education Medicaid Matching Fund.
The monies in the Special Education Medicaid Matching
Fund shall be held subject to appropriation by the General
Assembly to the State Board of Education for distribution to
school districts, pursuant to an interagency agreement
between the Illinois Department of Public Aid and the State
Board of Education, for medicaid eligible special education
children claims under Titles XIX and XXI of the Social
Security Act.
(Source: P.A. 87-641.)
Section 15. The School Code is amended by changing
Sections 14-7.04 and 18-8.05 as follows:
(105 ILCS 5/14-7.04) (from Ch. 122, par. 14-7.04)
Sec. 14-7.04. Health care reimbursement.
(a) Local educational agencies may utilize federally
funded health care programs to share in the costs of services
which are provided to children requiring special education
and related services and which are either listed on an
individualized education program established pursuant to the
federal Education for All Handicapped Children Act of 1975,
Public Law No. 94-142 or are provided under an individualized
family service plan established pursuant to the federal
Education of the Handicapped Act Amendments of 1986, Public
Law No. 99-457. Those federally funded health care programs
shall also share in the cost of all screenings and diagnostic
evaluations for children suspected of having or known to have
a disability. However, all such services shall continue to
be initially funded by the local educational agency and shall
be provided regardless of subsequent cost sharing with other
funding sources. Federally funded health care reimbursement
funds are supplemental and shall not be used to reduce any
other Federal payments, private payments or State Board of
Education funds for special education as provided in Article
14 of the School Code for which the local education agency is
eligible.
Local educational agencies providing early periodic
screening and diagnostic testing services on or after August
1, 1991, including screening and diagnostic services, health
care and treatment, preventive health care, and any other
measure to correct or improve health impairments of
Medicaid-eligible children, may also access federally funded
health care resources.
The State Board of Education and the Department of Public
Aid may enter into an intergovernmental agreement whereby
school districts or their agents may claim medicaid matching
funds for medicaid eligible special education children as
authorized by Section 1903 of the Social Security Act. Under
that intergovernmental agreement, school districts or their
agents may also claim federal funds for the services provided
to special education students enrolled in the Children's
Health Insurance Program.
(b) No employee or officer of a school district, special
education joint agreement, office of a regional
superintendent of schools or the State Board of Education may
have a direct or indirect financial interest in any agreement
between the entity of which the person is an employee or
officer and any corporation, organization or other entity
that collects or participates in the collection of payments
from private health care benefit plans or federally funded
health care programs authorized under this Section.
(Source: P.A. 86-476; 87-468; 87-641; 87-895; 87-1168.)
(105 ILCS 5/18-8.05)
Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the
common schools for the 1998-1999 and subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the
1998-1999 and subsequent school years. The system of general
State financial aid provided for in this Section is designed
to assure that, through a combination of State financial aid
and required local resources, the financial support provided
each pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available
Local Resources, equals or exceeds the Foundation Level. The
amount of per pupil general State financial aid for school
districts, in general, varies in inverse relation to
Available Local Resources. Per pupil amounts are based upon
each school district's Average Daily Attendance as that term
is defined in this Section.
(2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive
supplemental general State financial aid grants as provided
pursuant to subsection (H). The supplemental State aid grants
provided for school districts under subsection (H) shall be
appropriated for distribution to school districts as part of
the same line item in which the general State financial aid
of school districts is appropriated under this Section.
(3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
(a) Any school district which fails for any given
school year to maintain school as required by law, or to
maintain a recognized school is not eligible to file for
such school year any claim upon the Common School Fund.
In case of nonrecognition of one or more attendance
centers in a school district otherwise operating
recognized schools, the claim of the district shall be
reduced in the proportion which the Average Daily
Attendance in the attendance center or centers bear to
the Average Daily Attendance in the school district. A
"recognized school" means any public school which meets
the standards as established for recognition by the State
Board of Education. A school district or attendance
center not having recognition status at the end of a
school term is entitled to receive State aid payments due
upon a legal claim which was filed while it was
recognized.
(b) School district claims filed under this Section
are subject to Sections 18-9, 18-10, and 18-12, except as
otherwise provided in this Section.
(c) If a school district operates a full year
school under Section 10-19.1, the general State aid to
the school district shall be determined by the State
Board of Education in accordance with this Section as
near as may be applicable.
(d) (Blank).
(4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided
for in this Section may apply those funds to any fund so
received for which that board is authorized to make
expenditures by law.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in
subsection (C) and utilized in deriving per pupil
financial support levels.
(b) "Available Local Resources": A computation of
local financial support, calculated on the basis of
Average Daily Attendance and derived as provided pursuant
to subsection (D).
(c) "Corporate Personal Property Replacement
Taxes": Funds paid to local school districts pursuant to
"An Act in relation to the abolition of ad valorem
personal property tax and the replacement of revenues
lost thereby, and amending and repealing certain Acts and
parts of Acts in connection therewith", certified August
14, 1979, as amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per
pupil financial support as provided for in subsection
(B).
(e) "Operating Tax Rate": All school district
property taxes extended for all purposes, except Bond and
Interest, Summer School, Rent, Capital Improvement, and
Vocational Education Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to
exert a sufficient local taxing effort such that, in
combination with the aggregate of general State financial aid
provided the district, an aggregate of State and local
resources are available to meet the basic education needs of
pupils in the district.
(2) For the 1998-1999 school year, the Foundation Level
of support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001
school year, the Foundation Level of support is $4,425.
(3) For the 2001-2002 school year and each school year
thereafter, the Foundation Level of support is $4,425 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid
pursuant to subsection (E), an Average Daily Attendance
figure shall be utilized. The Average Daily Attendance
figure for formula calculation purposes shall be the monthly
average of the actual number of pupils in attendance of each
school district, as further averaged for the best 3 months of
pupil attendance for each school district. In compiling the
figures for the number of pupils in attendance, school
districts and the State Board of Education shall, for
purposes of general State aid funding, conform attendance
figures to the requirements of subsection (F).
(2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid
pursuant to subsection (E), a representation of Available
Local Resources per pupil, as that term is defined and
determined in this subsection, shall be utilized. Available
Local Resources per pupil shall include a calculated dollar
amount representing local school district revenues from local
property taxes and from Corporate Personal Property
Replacement Taxes, expressed on the basis of pupils in
Average Daily Attendance.
(2) In determining a school district's revenue from
local property taxes, the State Board of Education shall
utilize the equalized assessed valuation of all taxable
property of each school district as of September 30 of the
previous year. The equalized assessed valuation utilized
shall be obtained and determined as provided in subsection
(G).
(3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized
assessed valuation for the district multiplied by 3.00%, and
divided by the district's Average Daily Attendance figure.
For school districts maintaining grades kindergarten through
8, local property tax revenues per pupil shall be calculated
as the product of the applicable equalized assessed valuation
for the district multiplied by 2.30%, and divided by the
district's Average Daily Attendance figure. For school
districts maintaining grades 9 through 12, local property tax
revenues per pupil shall be the applicable equalized assessed
valuation of the district multiplied by 1.20%, and divided by
the district's Average Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes
paid to each school district during the calendar year 2 years
before the calendar year in which a school year begins,
divided by the Average Daily Attendance figure for that
district, shall be added to the local property tax revenues
per pupil as derived by the application of the immediately
preceding paragraph (3). The sum of these per pupil figures
for each school district shall constitute Available Local
Resources as that term is utilized in subsection (E) in the
calculation of general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State
aid allotted to a school district shall be computed by the
State Board of Education as provided in this subsection.
(2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times
the Foundation Level, general State aid for that district
shall be calculated as an amount equal to the Foundation
Level minus Available Local Resources, multiplied by the
Average Daily Attendance of the school district.
(3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product
of 0.93 times the Foundation Level and less than the product
of 1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear
algorithm, the calculated general State aid per pupil shall
decline in direct linear fashion from 0.07 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 0.93 times the Foundation
Level, to 0.05 times the Foundation Level for a school
district with Available Local Resources equal to the product
of 1.75 times the Foundation Level. The allocation of
general State aid for school districts subject to this
paragraph 3 shall be the calculated general State aid per
pupil figure multiplied by the Average Daily Attendance of
the school district.
(4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75
times the Foundation Level, the general State aid for the
school district shall be calculated as the product of $218
multiplied by the Average Daily Attendance of the school
district.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed
by the State Board of Education, attendance figures for the
school year that began in the preceding calendar year. The
attendance information so transmitted shall identify the
average daily attendance figures for each month of the school
year, except that any days of attendance in August shall be
added to the month of September and any days of attendance in
June shall be added to the month of May.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(2) Days of attendance by pupils of less than 5 clock
hours of school shall be subject to the following provisions
in the compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school
for only a part of the school day may be counted on the
basis of 1/6 day for every class hour of instruction of
40 minutes or more attended pursuant to such enrollment.
(b) Days of attendance may be less than 5 clock
hours on the opening and closing of the school term, and
upon the first day of pupil attendance, if preceded by a
day or days utilized as an institute or teachers'
workshop.
(c) A session of 4 or more clock hours may be
counted as a day of attendance upon certification by the
regional superintendent, and approved by the State
Superintendent of Education to the extent that the
district has been forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be
counted as a day of attendance (1) when the remainder of
the school day or at least 2 hours in the evening of that
day is utilized for an in-service training program for
teachers, up to a maximum of 5 days per school year of
which a maximum of 4 days of such 5 days may be used for
parent-teacher conferences, provided a district conducts
an in-service training program for teachers which has
been approved by the State Superintendent of Education;
or, in lieu of 4 such days, 2 full days may be used, in
which event each such day may be counted as a day of
attendance; and (2) when days in addition to those
provided in item (1) are scheduled by a school pursuant
to its school improvement plan adopted under Article 34
or its revised or amended school improvement plan adopted
under Article 2, provided that (i) such sessions of 3 or
more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for
teachers, and (iii) a sufficient number of minutes of
school work under the direct supervision of teachers are
added to the school days between such regularly scheduled
sessions to accumulate not less than the number of
minutes by which such sessions of 3 or more clock hours
fall short of 5 clock hours. Any full days used for the
purposes of this paragraph shall not be considered for
computing average daily attendance. Days scheduled for
in-service training programs, staff development
activities, or parent-teacher conferences may be
scheduled separately for different grade levels and
different attendance centers of the district.
(e) A session of not less than one clock hour of
teaching hospitalized or homebound pupils on-site or by
telephone to the classroom may be counted as 1/2 day of
attendance, however these pupils must receive 4 or more
clock hours of instruction to be counted for a full day
of attendance.
(f) A session of at least 4 clock hours may be
counted as a day of attendance for first grade pupils,
and pupils in full day kindergartens, and a session of 2
or more hours may be counted as 1/2 day of attendance by
pupils in kindergartens which provide only 1/2 day of
attendance.
(g) For children with disabilities who are below
the age of 6 years and who cannot attend 2 or more clock
hours because of their disability or immaturity, a
session of not less than one clock hour may be counted as
1/2 day of attendance; however for such children whose
educational needs so require a session of 4 or more clock
hours may be counted as a full day of attendance.
(h) A recognized kindergarten which provides for
only 1/2 day of attendance by each pupil shall not have
more than 1/2 day of attendance counted in any one day.
However, kindergartens may count 2 1/2 days of attendance
in any 5 consecutive school days. When a pupil attends
such a kindergarten for 2 half days on any one school
day, the pupil shall have the following day as a day
absent from school, unless the school district obtains
permission in writing from the State Superintendent of
Education. Attendance at kindergartens which provide for
a full day of attendance by each pupil shall be counted
the same as attendance by first grade pupils. Only the
first year of attendance in one kindergarten shall be
counted, except in case of children who entered the
kindergarten in their fifth year whose educational
development requires a second year of kindergarten as
determined under the rules and regulations of the State
Board of Education.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State
Board of Education shall secure from the Department of
Revenue the value as equalized or assessed by the Department
of Revenue of all taxable property of every school district
together with the applicable tax rate used in extending taxes
for the funds of the district as of September 30 of the
previous year.
This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1)
shall be adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under
this Section, with respect to any part of a school
district within a redevelopment project area in respect
to which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Sections 11-74.4-1 through
11-74.4-11 of the Illinois Municipal Code or the
Industrial Jobs Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the Illinois Municipal Code, no part of the
current equalized assessed valuation of real property
located in any such project area which is attributable to
an increase above the total initial equalized assessed
valuation of such property shall be used as part of the
equalized assessed valuation of the district, until such
time as all redevelopment project costs have been paid,
as provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35 of
the Industrial Jobs Recovery Law. For the purpose of the
equalized assessed valuation of the district, the total
initial equalized assessed valuation or the current
equalized assessed valuation, whichever is lower, shall
be used until such time as all redevelopment project
costs have been paid.
(b) The real property equalized assessed valuation
for a school district shall be adjusted by subtracting
from the real property value as equalized or assessed by
the Department of Revenue for the district an amount
computed by dividing the amount of any abatement of taxes
under Section 18-170 of the Property Tax Code by 3.00%
for a district maintaining grades kindergarten through
12, by 2.30% for a district maintaining grades
kindergarten through 8, or by 1.20% for a district
maintaining grades 9 through 12 and adjusted by an amount
computed by dividing the amount of any abatement of taxes
under subsection (a) of Section 18-165 of the Property
Tax Code by the same percentage rates for district type
as specified in this subparagraph (b).
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school
district is allotted pursuant to subsection (E), qualifying
school districts shall receive a grant, paid in conjunction
with a district's payments of general State aid, for
supplemental general State aid based upon the concentration
level of children from low-income households within the
school district. Supplemental State aid grants provided for
school districts under this subsection shall be appropriated
for distribution to school districts as part of the same line
item in which the general State financial aid of school
districts is appropriated under this Section. For purposes of
this subsection, the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most
recently available federal census divided by the Average
Daily Attendance of the school district. If, however, the
percentage decrease from the 2 most recent federal censuses
in the low-income eligible pupil count of a high school
district with fewer than 400 students exceeds by 75% or more
the percentage change in the total low-income eligible pupil
count of contiguous elementary school districts, whose
boundaries are coterminous with the high school district, the
high school district's low-income eligible pupil count from
the earlier federal census shall be the number used as the
low-income eligible pupil count for the high school district,
for purposes of this subsection (H).
(2) Supplemental general State aid pursuant to this
subsection shall be provided as follows:
(a) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%,
the grant for any school year shall be $800 multiplied by
the low income eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%,
the grant for the 1998-1999 school year shall be $1,100
multiplied by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%,
the grant for the 1998-99 school year shall be $1,500
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of 60% or more, the grant for the
1998-99 school year shall be $1,900 multiplied by the low
income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil
amount specified in subparagraphs (b), (c), and (d),
immediately above shall be increased by $100 to $1,243
$1,200, $1,600, and $2,000, respectively.
(f) For the 2000-2001 school year, the per pupil
amounts specified in subparagraphs (b), (c), and (d)
immediately above shall be increased to $1,273 $1,230,
$1,640, and $2,050, respectively.
(3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting
from this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State
aid pursuant to this subsection shall be required to
distribute from funds available pursuant to this Section, no
less than $261,000,000 in accordance with the following
requirements:
(a) The required amounts shall be distributed to
the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance
center who are eligible to receive free or reduced-price
lunches or breakfasts under the federal Child Nutrition
Act of 1966 and under the National School Lunch Act
during the immediately preceding school year.
(b) The distribution of these portions of
supplemental and general State aid among attendance
centers according to these requirements shall not be
compensated for or contravened by adjustments of the
total of other funds appropriated to any attendance
centers, and the Board of Education shall utilize funding
from one or several sources in order to fully implement
this provision annually prior to the opening of school.
(c) Each attendance center shall be provided by the
school district a distribution of noncategorical funds
and other categorical funds to which an attendance center
is entitled under law in order that the general State aid
and supplemental general State aid provided by
application of this subsection supplements rather than
supplants the noncategorical funds and other categorical
funds provided by the school district to the attendance
centers.
(d) Any funds made available under this subsection
that by reason of the provisions of this subsection are
not required to be allocated and provided to attendance
centers may be used and appropriated by the board of the
district for any lawful school purpose.
(e) Funds received by an attendance center pursuant
to this subsection shall be used by the attendance center
at the discretion of the principal and local school
council for programs to improve educational opportunities
at qualifying schools through the following programs and
services: early childhood education, reduced class size
or improved adult to student classroom ratio, enrichment
programs, remedial assistance, attendance improvement,
and other educationally beneficial expenditures which
supplement the regular and basic programs as determined
by the State Board of Education. Funds provided shall
not be expended for any political or lobbying purposes as
defined by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to
meet the educational needs of disadvantaged children, in
compliance with the requirements of this paragraph, to
the State Board of Education prior to July 15 of each
year. This plan shall be consistent with the decisions of
local school councils concerning the school expenditure
plans developed in accordance with part 4 of Section
34-2.3. The State Board shall approve or reject the plan
within 60 days after its submission. If the plan is
rejected, the district shall give written notice of
intent to modify the plan within 15 days of the
notification of rejection and then submit a modified plan
within 30 days after the date of the written notice of
intent to modify. Districts may amend approved plans
pursuant to rules promulgated by the State Board of
Education.
Upon notification by the State Board of Education
that the district has not submitted a plan prior to July
15 or a modified plan within the time period specified
herein, the State aid funds affected by that plan or
modified plan shall be withheld by the State Board of
Education until a plan or modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan,
the plan for the following year shall allocate funds, in
addition to the funds otherwise required by this
subsection, to those attendance centers which were
underfunded during the previous year in amounts equal to
such underfunding.
For purposes of determining compliance with this
subsection in relation to the requirements of attendance
center funding, each district subject to the provisions
of this subsection shall submit as a separate document by
December 1 of each year a report of expenditure data for
the prior year in addition to any modification of its
current plan. If it is determined that there has been a
failure to comply with the expenditure provisions of this
subsection regarding contravention or supplanting, the
State Superintendent of Education shall, within 60 days
of receipt of the report, notify the district and any
affected local school council. The district shall within
45 days of receipt of that notification inform the State
Superintendent of Education of the remedial or corrective
action to be taken, whether by amendment of the current
plan, if feasible, or by adjustment in the plan for the
following year. Failure to provide the expenditure
report or the notification of remedial or corrective
action in a timely manner shall result in a withholding
of the affected funds.
The State Board of Education shall promulgate rules
and regulations to implement the provisions of this
subsection. No funds shall be released under this
subdivision (H)(4) to any district that has not submitted
a plan that has been approved by the State Board of
Education.
(I) General State Aid for Newly Configured School Districts.
(1) For a new school district formed by combining
property included totally within 2 or more previously
existing school districts, for its first year of existence
the general State aid and supplemental general State aid
calculated under this Section shall be computed for the new
district and for the previously existing districts for which
property is totally included within the new district. If the
computation on the basis of the previously existing districts
is greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the new
district.
(2) For a school district which annexes all of the
territory of one or more entire other school districts, for
the first year during which the change of boundaries
attributable to such annexation becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the general
State aid and supplemental general State aid calculated under
this Section shall be computed for the annexing district as
constituted after the annexation and for the annexing and
each annexed district as constituted prior to the annexation;
and if the computation on the basis of the annexing and
annexed districts as constituted prior to the annexation is
greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the
annexing school district as constituted upon such annexation.
(3) For 2 or more school districts which annex all of
the territory of one or more entire other school districts,
and for 2 or more community unit districts which result upon
the division (pursuant to petition under Section 11A-2) of
one or more other unit school districts into 2 or more parts
and which together include all of the parts into which such
other unit school district or districts are so divided, for
the first year during which the change of boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the general State aid and supplemental
general State aid calculated under this Section shall be
computed for each annexing or resulting district as
constituted after the annexation or division and for each
annexing and annexed district, or for each resulting and
divided district, as constituted prior to the annexation or
division; and if the aggregate of the general State aid and
supplemental general State aid as so computed for the
annexing or resulting districts as constituted after the
annexation or division is less than the aggregate of the
general State aid and supplemental general State aid as so
computed for the annexing and annexed districts, or for the
resulting and divided districts, as constituted prior to the
annexation or division, then a supplementary payment equal to
the difference shall be made and allocated between or among
the annexing or resulting districts, as constituted upon such
annexation or division, for the first 4 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears
to the total pupil enrollment from the entire annexed or
divided district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
or division becomes effective for all purposes. The amount
of the total difference payment and the amount thereof to be
allocated to the annexing or resulting districts shall be
computed by the State Board of Education on the basis of
pupil enrollment and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools
for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are
located.
(3.5) Claims for financial assistance under this
subsection (I) shall not be recomputed except as expressly
provided under this Section.
(4) Any supplementary payment made under this subsection
(I) shall be treated as separate from all other payments made
pursuant to this Section.
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this
Section, the amount of the aggregate general State aid in
combination with supplemental general State aid under this
Section for which each school district is eligible shall be
no less than the amount of the aggregate general State aid
entitlement that was received by the district under Section
18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-98 school year,
pursuant to the provisions of that Section as it was then in
effect. If a school district qualifies to receive a
supplementary payment made under this subsection (J), the
amount of the aggregate general State aid in combination with
supplemental general State aid under this Section which that
district is eligible to receive for each school year shall be
no less than the amount of the aggregate general State aid
entitlement that was received by the district under Section
18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-1998 school year,
pursuant to the provisions of that Section as it was then in
effect.
(2) If, as provided in paragraph (1) of this subsection
(J), a school district is to receive aggregate general State
aid in combination with supplemental general State aid under
this Section for the 1998-99 school year and any subsequent
school year that in any such school year is less than the
amount of the aggregate general State aid entitlement that
the district received for the 1997-98 school year, the school
district shall also receive, from a separate appropriation
made for purposes of this subsection (J), a supplementary
payment that is equal to the amount of the difference in the
aggregate State aid figures as described in paragraph (1).
(3) (Blank).
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing
board of a public university that operates a laboratory
school under this Section or to any alternative school that
is operated by a regional superintendent of schools, the
State Board of Education shall require by rule such reporting
requirements as it deems necessary.
As used in this Section, "laboratory school" means a
public school which is created and operated by a public
university and approved by the State Board of Education. The
governing board of a public university which receives funds
from the State Board under this subsection (K) may not
increase the number of students enrolled in its laboratory
school from a single district, if that district is already
sending 50 or more students, except under a mutual agreement
between the school board of a student's district of residence
and the university which operates the laboratory school. A
laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education
program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school
serving more than one educational service region may be
established by the regional superintendents of schools of
those the affected educational service regions. An
alternative school serving more than one educational service
region may be operated under such terms as the regional
superintendents of schools of those educational service
regions may agree.
Each laboratory and alternative school shall file, on
forms provided by the State Superintendent of Education, an
annual State aid claim which states the Average Daily
Attendance of the school's students by month. The best 3
months' Average Daily Attendance shall be computed for each
school. The general State aid entitlement shall be computed
by multiplying the applicable Average Daily Attendance by the
Foundation Level as determined under this Section.
(L) Payments, Additional Grants in Aid and Other
Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under
this Section, but not the supplemental general State aid,
shall be reduced by an amount equal to the budget for the
operations of the Authority as certified by the Authority to
the State Board of Education, and an amount equal to such
reduction shall be paid to the Authority created for such
district for its operating expenses in the manner provided in
Section 18-11. The remainder of general State school aid for
any such district shall be paid in accordance with Article
34A when that Article provides for a disposition other than
that provided by this Article.
(2) Impaction. Impaction payments shall be made as
provided for in Section 18-4.2.
(3) Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate.
The members appointed shall include representatives of
education, business, and the general public. One of the
members so appointed shall be designated by the Governor at
the time the appointment is made as the chairperson of the
Board. The initial members of the Board may be appointed any
time after the effective date of this amendatory Act of 1997.
The regular term of each member of the Board shall be for 4
years from the third Monday of January of the year in which
the term of the member's appointment is to commence, except
that of the 5 initial members appointed to serve on the
Board, the member who is appointed as the chairperson shall
serve for a term that commences on the date of his or her
appointment and expires on the third Monday of January, 2002,
and the remaining 4 members, by lots drawn at the first
meeting of the Board that is held after all 5 members are
appointed, shall determine 2 of their number to serve for
terms that commence on the date of their respective
appointments and expire on the third Monday of January, 2001,
and 2 of their number to serve for terms that commence on the
date of their respective appointments and expire on the third
Monday of January, 2000. All members appointed to serve on
the Board shall serve until their respective successors are
appointed and confirmed. Vacancies shall be filled in the
same manner as original appointments. If a vacancy in
membership occurs at a time when the Senate is not in
session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she shall
appoint, by and with the advice and consent of the Senate, a
person to fill that membership for the unexpired term. If
the Senate is not in session when the initial appointments
are made, those appointments shall be made as in the case of
vacancies.
The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the
Governor to serve as members of the Board shall take office,
on the date that the Governor makes his or her appointment of
the fifth initial member of the Board, whether those initial
members are then serving pursuant to appointment and
confirmation or pursuant to temporary appointments that are
made by the Governor as in the case of vacancies.
The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board
of its responsibilities.
For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for
the foundation level under subdivision (B)(3) of this Section
and for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance.
The Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) General State Aid Adjustment Grant.
(1) Any school district subject to property tax
extension limitations as imposed under the provisions of the
Property Tax Extension Limitation Law shall be entitled to
receive, subject to the qualifications and requirements of
this subsection, a general State aid adjustment grant.
Eligibility for this grant shall be determined on an annual
basis and claims for grant payments shall be paid subject to
appropriations made specific to this subsection. For
purposes of this subsection the following terms shall have
the following meanings:
"Budget Year": The school year for which general State
aid is calculated and awarded under subsection (E).
"Current Year": The school year immediately preceding
the Budget Year.
"Base Tax Year": The property tax levy year used to
calculate the Budget Year allocation of general State aid.
"Preceding Tax Year": The property tax levy year
immediately preceding the Base Tax Year.
"Extension Limitation Ratio": A numerical ratio,
certified by a school district's County Clerk, in which the
numerator is the Base Tax Year's tax extension amount
resulting from the Limiting Rate and the denominator is the
Preceding Tax Year's tax extension amount resulting from the
Limiting Rate.
"Limiting Rate": The limiting rate as defined in the
Property Tax Extension Limitation Law.
"Preliminary Tax Rate": The tax rate for all purposes
except bond and interest that would have been used to extend
those taxes absent the provisions of the Property Tax
Extension Limitation Law.
(2) To qualify for a general State aid adjustment grant,
a school district must meet all of the following eligibility
criteria for each Budget Year for which a grant is claimed:
(a) (Blank).
(b) The Preliminary Tax Rate of the school district
for the Base Tax Year was reduced by the Clerk of the
County as a result of the requirements of the Property
Tax Extension Limitation Law.
(c) The Available Local Resources per pupil of the
school district as calculated pursuant to subsection (D)
using the Base Tax Year are less than the product of 1.75
times the Foundation Level for the Budget Year.
(d) The school district has filed a proper and
timely claim for a general State aid adjustment grant as
required under this subsection.
(3) A claim for grant assistance under this subsection
shall be filed with the State Board of Education on or before
April 1 of the Current Year for a grant for the Budget Year.
The claim shall be made on forms prescribed by the State
Board of Education and must be accompanied by a written
statement from the Clerk of the County, certifying:
(a) That the school district had its Preliminary
Tax Rate for the Base Tax Year reduced as a result of the
Property Tax Extension Limitation Law.
(b) (Blank).
(c) The Extension Limitation Ratio as that term is
defined in this subsection.
(4) On or before August 1 of the Budget Year the State
Board of Education shall calculate, for all school districts
meeting the other requirements of this subsection, the amount
of the general State aid adjustment grant, if any, that the
school districts are eligible to receive in the Budget Year.
The amount of the general State aid adjustment grant shall be
calculated as follows:
(a) Determine the school district's general State
aid grant for the Budget Year as provided in accordance
with the provisions of subsection (E).
(b) Determine the school district's adjusted level
of general State aid by utilizing in the calculation of
Available Local Resources the equalized assessed
valuation that was used to calculate the general State
aid for the preceding fiscal year multiplied by the
Extension Limitation Ratio.
(c) Subtract the sum derived in subparagraph (a)
from the sum derived in subparagraph (b). If the result
is a positive number, that amount shall be the general
State aid adjustment grant that the district is eligible
to receive.
(5) The State Board of Education shall in the Current
Year, based upon claims filed in the Current Year, recommend
to the General Assembly an appropriation amount for the
general State aid adjustment grants to be made in the Budget
Year.
(6) Claims for general State aid adjustment grants shall
be paid in a lump sum on or before January 1 of the Budget
Year only from appropriations made by the General Assembly
expressly for claims under this subsection. No such claims
may be paid from amounts appropriated for any other purpose
provided for under this Section. In the event that the
appropriation for claims under this subsection is
insufficient to meet all Budget Year claims for a general
State aid adjustment grant, the appropriation available shall
be proportionately prorated by the State Board of Education
amongst all districts filing for and entitled to payments.
(7) The State Board of Education shall promulgate the
required claim forms and rules necessary to implement the
provisions of this subsection.
(O) References.
(1) References in other laws to the various subdivisions
of Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer
to the corresponding provisions of this Section 18-8.05, to
the extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds
shall be deemed to refer to the supplemental general State
aid provided under subsection (H) of this Section.
(Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; revised
2-17-99.)
Section 20. The Children's Health Insurance Program Act
is amended by changing Section 35 as follows:
(215 ILCS 106/35)
(Section scheduled to be repealed on June 30, 2001)
Sec. 35. Funding.
(a) This Program is not an entitlement and shall not be
construed to create an entitlement. Eligibility for the
Program is subject to appropriation of funds by the State and
federal governments. Subdivision (a)(2) of Section 25 shall
operate and be funded only if subdivision (a)(1) of Section
25 is operational and funded. The estimated net State share
of appropriated funds for subdivision (a)(2) of Section 25
shall be equal to the estimated net State share of
appropriated funds for subdivision (a)(1) of Section 25.
(b) Any requirement imposed under this Act and any
implementation of this Act by the Department shall cease in
the event (1) continued receipt of federal funds for
implementation of this Act requires an amendment to this Act,
or (2) federal funds for implementation of the Act are not
otherwise available.
(c) Payments under this Act shall be appropriated from
the General Revenue Fund and other funds that are authorized
to be used to reimburse or make medical payments for health
care benefits under this Act or Title XXI of the Social
Security Act.
(d) Benefits under this Act shall be available only as
long as the intergovernmental agreements made pursuant to
Section 12-4.7 and Article XV of the Illinois Public Aid Code
and entered into between the Department and the Cook County
Board of Commissioners continue to exist.
(Source: P.A. 90-736, eff. 8-12-98.)
Section 25. The Illinois Public Aid Code is amended by
changing Sections 5-5.4, 10-3.1, 10-8, 10-10, 10-16, 10-19,
12-4.11, 12-4.34, 12-9, 12-10, 12-11, 15-2, 15-3, and 15-4
and adding Section 12-9.1 as follows:
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
Sec. 5-5.4. Standards of Payment - Department of Public
Aid. The Department of Public Aid shall develop standards of
payment of skilled nursing and intermediate care services in
facilities providing such services under this Article which:
(1) Provides for the determination of a facility's
payment for skilled nursing and intermediate care services on
a prospective basis. The amount of the payment rate for all
nursing facilities certified under the medical assistance
program shall be prospectively established annually on the
basis of historical, financial, and statistical data
reflecting actual costs from prior years, which shall be
applied to the current rate year and updated for inflation,
except that the capital cost element for newly constructed
facilities shall be based upon projected budgets. The
annually established payment rate shall take effect on July 1
in 1984 and subsequent years. Rate increases shall be
provided annually thereafter on July 1 in 1984 and on each
subsequent July 1 in the following years, except that no rate
increase and no update for inflation shall be provided on or
after July 1, 1994 and before July 1, 2000 1999, unless
specifically provided for in this Section.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on July
1, 1998 shall include an increase of 3%. For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Skilled Nursing facilities or Intermediate
Care facilities, the rates taking effect on July 1, 1998
shall include an increase of 3% plus $1.10 per resident-day,
as defined by the Department.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on July
1, 1999 shall include an increase of 1.6% plus $3.00 per
resident-day, as defined by the Department. For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Skilled Nursing facilities or Intermediate
Care facilities, the rates taking effect on July 1, 1999
shall include an increase of 1.6% and, for services provided
on or after October 1, 1999, shall be increased by $4.00 per
resident-day, as defined by the Department.
Rates established effective each July 1 shall govern
payment for services rendered throughout that fiscal year,
except that rates established on July 1, 1996 shall be
increased by 6.8% for services provided on or after January
1, 1997. Such rates will be based upon the rates calculated
for the year beginning July 1, 1990, and for subsequent years
thereafter shall be based on the facility cost reports for
the facility fiscal year ending at any point in time during
the previous calendar year, updated to the midpoint of the
rate year. The cost report shall be on file with the
Department no later than April 1 of the current rate year.
Should the cost report not be on file by April 1, the
Department shall base the rate on the latest cost report
filed by each skilled care facility and intermediate care
facility, updated to the midpoint of the current rate year.
In determining rates for services rendered on and after July
1, 1985, fixed time shall not be computed at less than zero.
The Department shall not make any alterations of regulations
which would reduce any component of the Medicaid rate to a
level below what that component would have been utilizing in
the rate effective on July 1, 1984.
(2) Shall take into account the actual costs incurred by
facilities in providing services for recipients of skilled
nursing and intermediate care services under the medical
assistance program.
(3) Shall take into account the medical and
psycho-social characteristics and needs of the patients.
(4) Shall take into account the actual costs incurred by
facilities in meeting licensing and certification standards
imposed and prescribed by the State of Illinois, any of its
political subdivisions or municipalities and by the United
States Department of Health, Education and Welfare pursuant
to Title XIX of the Social Security Act.
The Department of Public Aid shall develop precise
standards for payments to reimburse nursing facilities for
any utilization of appropriate rehabilitative personnel for
the provision of rehabilitative services which is authorized
by federal regulations, including reimbursement for services
provided by qualified therapists or qualified assistants, and
which is in accordance with accepted professional practices.
Reimbursement also may be made for utilization of other
supportive personnel under appropriate supervision.
(Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96; 90-9,
eff. 7-1-97; 90-588, eff. 7-1-98.)
(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
Sec. 10-3.1. Child and Spouse Support Unit. The
Illinois Department shall establish within its administrative
staff a Child and Spouse Support Unit to search for and
locate absent parents and spouses liable for the support of
persons resident in this State and to exercise the support
enforcement powers and responsibilities assigned the
Department by this Article. The unit shall cooperate with
all law enforcement officials in this State and with the
authorities of other States in locating persons responsible
for the support of persons resident in other States and shall
invite the cooperation of these authorities in the
performance of its duties.
In addition to other duties assigned the Child and Spouse
Support Unit by this Article, the Unit may refer to the
Attorney General or units of local government with the
approval of the Attorney General, any actions under Sections
10-10 and 10-15 for judicial enforcement of the support
liability. The Child and Spouse Support Unit shall act for
the Department in referring to the Attorney General support
matters requiring judicial enforcement under other laws. If
requested by the Attorney General to so act, as provided in
Section 12-16, attorneys of the Unit may assist the Attorney
General or themselves institute actions in behalf of the
Illinois Department under the Revised Uniform Reciprocal
Enforcement of Support Act; under the Illinois Parentage Act
of 1984; under the Non-Support of Spouse and Children Act; or
under any other law, State or Federal, providing for support
of a spouse or dependent child.
The Illinois Department shall also have the authority to
enter into agreements with local governmental units or
individuals, with the approval of the Attorney General, for
the collection of moneys owing because of the failure of a
parent to make child support payments for any child receiving
services under this Article. Such agreements may be on a
contingent fee basis, but such contingent fee shall not
exceed 25% of the total amount collected.
An attorney who provides representation pursuant to this
Section shall represent the Illinois Department exclusively.
Regardless of the designation of the plaintiff in an action
brought pursuant to this Section, an attorney-client
relationship does not exist for purposes of that action
between that attorney and (i) an applicant for or recipient
of child and spouse support services or (ii) any other party
to the action other than the Illinois Department. Nothing in
this Section shall be construed to modify any power or duty
(including a duty to maintain confidentiality) of the Child
and Spouse Support Unit or the Illinois Department otherwise
provided by law.
The Illinois Department may also enter into agreements
with local governmental units for the Child and Spouse
Support Unit to exercise the investigative and enforcement
powers designated in this Article, including the issuance of
administrative orders under Section 10-11, in locating
responsible relatives and obtaining support for persons
applying for or receiving aid under Article VI. Payments for
defrayment of administrative costs and support payments
obtained shall be deposited into the DHS Public Assistance
Recoveries Trust Fund. Support payments shall be paid over
to the General Assistance Fund of the local governmental unit
at such time or times as the agreement may specify.
With respect to those cases in which it has support
enforcement powers and responsibilities under this Article,
the Illinois Department may provide by rule for periodic or
other review of each administrative and court order for
support to determine whether a modification of the order
should be sought. The Illinois Department shall provide for
and conduct such review in accordance with any applicable
federal law and regulation.
As part of its process for review of orders for support,
the Illinois Department, through written notice, may require
the responsible relative to disclose his or her Social
Security Number and past and present information concerning
the relative's address, employment, gross wages, deductions
from gross wages, net wages, bonuses, commissions, number of
dependent exemptions claimed, individual and dependent health
insurance coverage, and any other information necessary to
determine the relative's ability to provide support in a case
receiving child and spouse support services under this
Article X.
The Illinois Department may send a written request for
the same information to the relative's employer. The
employer shall respond to the request for information within
15 days after the date the employer receives the request. If
the employer willfully fails to fully respond within the
15-day period, the employer shall pay a penalty of $100 for
each day that the response is not provided to the Illinois
Department after the 15-day period has expired. The penalty
may be collected in a civil action which may be brought
against the employer in favor of the Illinois Department.
A written request for information sent to an employer
pursuant to this Section shall consist of (i) a citation of
this Section as the statutory authority for the request and
for the employer's obligation to provide the requested
information, (ii) a returnable form setting forth the
employer's name and address and listing the name of the
employee with respect to whom information is requested, and
(iii) a citation of this Section as the statutory authority
authorizing the employer to withhold a fee of up to $20 from
the wages or income to be paid to each responsible relative
for providing the information to the Illinois Department
within the 15-day period. If the employer is withholding
support payments from the responsible relative's income
pursuant to an order for withholding, the employer may
withhold the fee provided for in this Section only after
withholding support as required under the order. Any amounts
withheld from the responsible relative's income for payment
of support and the fee provided for in this Section shall not
be in excess of the amounts permitted under the federal
Consumer Credit Protection Act.
In a case receiving child and spouse support services,
the Illinois Department may request and obtain information
from a particular employer under this Section no more than
once in any 12-month period, unless the information is
necessary to conduct a review of a court or administrative
order for support at the request of the person receiving
child and spouse support services.
The Illinois Department shall establish and maintain an
administrative unit to receive and transmit to the Child and
Spouse Support Unit information supplied by persons applying
for or receiving child and spouse support services under
Section 10-1. In addition, the Illinois Department shall
address and respond to any alleged deficiencies that persons
receiving or applying for services from the Child and Spouse
Support Unit may identify concerning the Child and Spouse
Support Unit's provision of child and spouse support
services. Within 60 days after an action or failure to act by
the Child and Spouse Support Unit that affects his or her
case, a recipient of or applicant for child and spouse
support services under Article X of this Code may request an
explanation of the Unit's handling of the case. At the
requestor's option, the explanation may be provided either
orally in an interview, in writing, or both. If the Illinois
Department fails to respond to the request for an explanation
or fails to respond in a manner satisfactory to the applicant
or recipient within 30 days from the date of the request for
an explanation, the applicant or recipient may request a
conference for further review of the matter by the Office of
the Administrator of the Child and Spouse Support Unit. A
request for a conference may be submitted at any time within
60 days after the explanation has been provided by the Child
and Spouse Support Unit or within 60 days after the time for
providing the explanation has expired.
The applicant or recipient may request a conference
concerning any decision denying or terminating child or
spouse support services under Article X of this Code, and the
applicant or recipient may also request a conference
concerning the Unit's failure to provide services or the
provision of services in an amount or manner that is
considered inadequate. For purposes of this Section, the
Child and Spouse Support Unit includes all local governmental
units or individuals with whom the Illinois Department has
contracted under Section 10-3.1.
Upon receipt of a timely request for a conference, the
Office of the Administrator shall review the case. The
applicant or recipient requesting the conference shall be
entitled, at his or her option, to appear in person or to
participate in the conference by telephone. The applicant or
recipient requesting the conference shall be entitled to be
represented and to be afforded a reasonable opportunity to
review the Illinois Department's file before or at the
conference. At the conference, the applicant or recipient
requesting the conference shall be afforded an opportunity to
present all relevant matters in support of his or her claim.
Conferences shall be without cost to the applicant or
recipient requesting the conference and shall be conducted by
a representative of the Child or Spouse Support Unit who did
not participate in the action or inaction being reviewed.
The Office of the Administrator shall conduct a
conference and inform all interested parties, in writing, of
the results of the conference within 60 days from the date of
filing of the request for a conference.
In addition to its other powers and responsibilities
established by this Article, the Child and Spouse Support
Unit shall conduct an annual assessment of each institution's
program for institution based paternity establishment under
Section 12 of the Vital Records Act.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
Sec. 10-8. Support Payments - Partial Support - Full
Support.) The notice to responsible relatives issued
pursuant to Section 10-7 shall direct payment (a) to the
Illinois Department in cases of applicants and recipients
under Articles III, IV, V and VII, (b) except as provided in
Section 10-3.1, to the local governmental unit in the case of
applicants and recipients under Article VI, and (c) to the
Illinois Department in cases of non-applicants and
non-recipients given access to the child and spouse support
services of this Article, as provided by Section 10-1.
However, if the support payments by responsible relatives are
sufficient to meet needs of a recipient in full, including
current and anticipated medical needs, and the Illinois
Department or the local governmental unit, as the case may
be, has reasonable grounds to believe that such needs will
continue to be provided in full by the responsible relatives,
the relatives may be directed to make subsequent support
payments to the needy person or to some person or agency in
his behalf and the recipient shall be removed from the rolls.
In such instance the recipient also shall be notified by
registered or certified mail of the action taken. If a
recipient removed from the rolls requests the Illinois
Department to continue to collect the support payments in his
behalf, the Department, at its option, may do so and pay
amounts so collected to the person. The Department may
provide for deducting any costs incurred by it in making the
collection from the amount of any recovery made and pay only
the net amount to the person.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All other payments
under this Section to the Illinois Department of Human
Services shall be deposited in the DHS Public Assistance
Recoveries Trust Fund. Disbursements from these funds shall
be as provided in Sections 12-9.1 12-9 and 12-10.2 of this
Code. Payments received by a local governmental unit shall
be deposited in that unit's General Assistance Fund.
(Source: P.A. 83-1126.)
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to
persons who are not applicants or recipients. Except where
the Illinois Department, by agreement, acts for the local
governmental unit, as provided in Section 10-3.1, local
governmental units shall refer to the State's Attorney or to
the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of
non-support or insufficient support when the dependents are
applicants or recipients under Article VI. The Child and
Spouse Support Unit established by Section 10-3.1 may
institute in behalf of the Illinois Department any actions
under this Section for judicial enforcement of the support
liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII (b) applicants or
recipients in a local governmental unit when the Illinois
Department, by agreement, acts for the unit; or (c)
non-applicants or non-recipients who are receiving support
enforcement services under this Article X, as provided in
Section 10-1. Where the Child and Spouse Support Unit has
exercised its option and discretion not to apply the
provisions of Sections 10-3 through 10-8, the failure by the
Unit to apply such provisions shall not be a bar to bringing
an action under this Section.
Action shall be brought in the circuit court to obtain
support, or for the recovery of aid granted during the period
such support was not provided, or both for the obtainment of
support and the recovery of the aid provided. Actions for
the recovery of aid may be taken separately or they may be
consolidated with actions to obtain support. Such actions
may be brought in the name of the person or persons requiring
support, or may be brought in the name of the Illinois
Department or the local governmental unit, as the case
requires, in behalf of such persons.
The court may enter such orders for the payment of moneys
for the support of the person as may be just and equitable
and may direct payment thereof for such period or periods of
time as the circumstances require, including support for a
period before the date the order for support is entered. The
order may be entered against any or all of the defendant
responsible relatives and may be based upon the proportionate
ability of each to contribute to the person's support.
The Court shall determine the amount of child support
(including child support for a period before the date the
order for child support is entered) by using the guidelines
and standards set forth in subsection (a) of Section 505 and
in Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act. For purposes of determining the amount of child
support to be paid for a period before the date the order for
child support is entered, there is a rebuttable presumption
that the responsible relative's net income for that period
was the same as his or her net income at the time the order
is entered.
An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
Any new or existing support order entered by the court
under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
When an order is entered for the support of a minor, the
court may provide therein for reasonable visitation of the
minor by the person or persons who provided support pursuant
to the order. Whoever willfully refuses to comply with such
visitation order or willfully interferes with its enforcement
may be declared in contempt of court and punished therefor.
Except where the local governmental unit has entered into
an agreement with the Illinois Department for the Child and
Spouse Support Unit to act for it, as provided in Section
10-3.1, support orders entered by the court in cases
involving applicants or recipients under Article VI shall
provide that payments thereunder be made directly to the
local governmental unit. Orders for the support of all other
applicants or recipients shall provide that payments
thereunder be made directly to the Illinois Department. In
accordance with federal law and regulations, the Illinois
Department may continue to collect current maintenance
payments or child support payments, or both, after those
persons cease to receive public assistance and until
termination of services under Article X. The Illinois
Department shall pay the net amount collected to those
persons after deducting any costs incurred in making the
collection or any collection fee from the amount of any
recovery made. In both cases the order shall permit the
local governmental unit or the Illinois Department, as the
case may be, to direct the responsible relative or relatives
to make support payments directly to the needy person, or to
some person or agency in his behalf, upon removal of the
person from the public aid rolls or upon termination of
services under Article X.
If the notice of support due issued pursuant to Section
10-7 directs that support payments be made directly to the
needy person, or to some person or agency in his behalf, and
the recipient is removed from the public aid rolls, court
action may be taken against the responsible relative
hereunder if he fails to furnish support in accordance with
the terms of such notice.
Actions may also be brought under this Section in behalf
of any person who is in need of support from responsible
relatives, as defined in Section 2-11 of Article II who is
not an applicant for or recipient of financial aid under this
Code. In such instances, the State's Attorney of the county
in which such person resides shall bring action against the
responsible relatives hereunder. If the Illinois Department,
as authorized by Section 10-1, extends the support services
provided by this Article to spouses and dependent children
who are not applicants or recipients under this Code, the
Child and Spouse Support Unit established by Section 10-3.1
shall bring action against the responsible relatives
hereunder and any support orders entered by the court in such
cases shall provide that payments thereunder be made directly
to the Illinois Department.
Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the
person owing a duty of support is unemployed, the court may
order the person to seek employment and report periodically
to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally,
the court may order the unemployed person to report to the
Department of Employment Security for job search services or
to make application with the local Jobs Training Partnership
Act provider for participation in job search, training or
work programs and where the duty of support is owed to a
child receiving support services under this Article X, the
court may order the unemployed person to report to the
Illinois Department for participation in job search, training
or work programs established under Section 9-6 and Article
IXA of this Code.
Whenever it is determined that a person owes past-due
support for a child receiving assistance under this Code, the
court shall order at the request of the Illinois Department:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of this Code as the court
deems appropriate.
A determination under this Section shall not be
administratively reviewable by the procedures specified in
Sections 10-12, and 10-13 to 10-13.10. Any determination
under these Sections, if made the basis of court action under
this Section, shall not affect the de novo judicial
determination required under this Section.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued
under a support order entered by the court. The charge shall
be imposed in accordance with the provisions of Section 10-21
of this Code and shall be enforced by the court upon
petition.
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to
notify the court and, in cases in which a party is receiving
child and spouse support services under this Article X, the
Illinois Department, within 7 days, (i) of the name, address,
and telephone number of any new employer of the non-custodial
parent, (ii) whether the non-custodial parent has access to
health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names
of persons covered under the policy, and (iii) of any new
residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Code, which
service shall be sufficient for purposes of due process.
in accordance with the Income Withholding for Support Act
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
Upon notification in writing or by electronic
transmission from the Illinois Department to the clerk of the
court that a person who is receiving support payments under
this Section is receiving services under the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, any support payments subsequently received by
the clerk of the court shall be transmitted in accordance
with the instructions of the Illinois Department until the
Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification
authorized under this paragraph, the Illinois Department
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department's notification in the court
file. The clerk's failure to file a copy of the
notification in the court file shall not, however, affect the
Illinois Department's right to receive notice of further
proceedings.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All other payments
under this Section to the Illinois Department of Human
Services shall be deposited in the DHS Public Assistance
Recoveries Trust Fund. Disbursements from these funds shall
be as provided in Sections 12-9.1 12-9 and 12-10.2 of this
Code. Payments received by a local governmental unit shall
be deposited in that unit's General Assistance Fund.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
8-14-98; revised 9-14-98.)
(305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
Sec. 10-16. Judicial enforcement of court and
administrative support orders.) Court orders entered in
proceedings under Section 10-10 and court orders for
enforcement of an administrative order under Section 10-15
and for the payment of money may be enforced by attachment as
for contempt against the persons of the defendants, and in
addition, as other judgments for the payment of money, and
costs may be adjudged against the defendants and apportioned
among them; but if the complaint is dismissed, costs shall be
borne by the Illinois Department or the local governmental
unit, as the case may be. If a responsible relative is
directed by the Illinois Department, or the local
governmental unit, under the conditions stated in Section
10-8, to make support payments directly to the person, or to
some person or agency in his behalf, the court order entered
against him under this Section or Section 10-10 may be
enforced as herein provided if he thereafter fails to furnish
support in accordance with its terms. The State of Illinois
shall not be required to make a deposit for or pay any costs
or fees of any court or officer thereof in any proceeding
instituted under this Section.
The provisions of the Civil Practice Law, and all
amendments and modifications thereof, shall apply to and
govern all actions instituted under this Section and Section
10-10. In such actions proof that a person is an applicant
for or recipient of public aid under any Article of this Code
shall be prima facie proof that he is a person in necessitous
circumstances by reason of infirmity, unemployment or other
cause depriving him of the means of a livelihood compatible
with health and well-being.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All other payments
under this Section to the Illinois Department of Human
Services shall be deposited in the DHS Public Assistance
Recoveries Trust Fund. Disbursements from these funds shall
be as provided in Sections 12-9.1 12-9 and 12-10.2 of this
Code. Payments received by a local governmental unit shall
be deposited in that unit's General Assistance Fund.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 1 of the Non-Support of
Spouse and Children Act may be prosecuted under that Section,
and a person convicted under that Section may be sentenced in
accordance with that Section. The sentence may include but
need not be limited to a requirement that the person perform
community service under subsection (b) of that Section or
participate in a work alternative program under subsection
(c) of that Section. A person may not be required to
participate in a work alternative program under subsection
(c) of that Section if the person is currently participating
in a work program pursuant to Section 10-11.1 of this Code.
(Source: P.A. 90-733, eff. 8-11-98.)
(305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
Sec. 10-19. (Support Payments Ordered Under Other Laws -
Where Deposited.) The Illinois Department and local
governmental units are authorized to receive payments
directed by court order for the support of recipients, as
provided in the following Acts:
1. "Non-Support of Spouse and Children Act", approved
June 24, 1915, as amended,
2. "Illinois Marriage and Dissolution of Marriage Act",
as now or hereafter amended,
3. The Illinois Parentage Act, as amended,
4. "Revised Uniform Reciprocal Enforcement of Support
Act", approved August 28, 1969, as amended,
5. The Juvenile Court Act or the Juvenile Court Act of
1987, as amended,
6. The "Unified Code of Corrections", approved July 26,
1972, as amended,
7. Part 7 of Article XII of the Code of Civil Procedure,
as amended,
8. Part 8 of Article XII of the Code of Civil Procedure,
as amended, and
9. Other laws which may provide by judicial order for
direct payment of support moneys.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All other payments
under this Section to the Illinois Department of Human
Services shall be deposited in the DHS Public Assistance
Recoveries Trust Fund. Disbursements from these funds shall
be as provided in Sections 12-9.1 12-9 and 12-10.2 of this
Code. Payments received by a local governmental unit shall
be deposited in that unit's General Assistance Fund.
(Source: P.A. 86-1028.)
(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
Sec. 12-4.11. Grant amounts. The Department, with due
regard for and subject to budgetary limitations, shall
establish grant amounts for each of the programs, by
regulation. The grant amounts may vary by program, size of
assistance unit and geographic area.
Aid payments shall not be reduced except: (1) for changes
in the cost of items included in the grant amounts, or (2)
for changes in the expenses of the recipient, or (3) for
changes in the income or resources available to the
recipient, or (4) for changes in grants resulting from
adoption of a consolidated grant amount.
In fixing standards to govern payments or reimbursements
for funeral and burial expenses, the Department shall take
into account the services essential to a dignified, low-cost
funeral and burial, including but no payment shall be
authorized from public aid funds for the funeral in excess of
$650, exclusive of reasonable amounts that as may be
necessary for burial space and cemetery charges, and any
applicable taxes or other required governmental fees or
charges. The Department shall authorize no payment in excess
of $325 for a cemetery burial.
Nothing contained in this Section or in any other Section
of this Code shall be construed to prohibit the Illinois
Department (1) from consolidating existing standards on the
basis of any standards which are or were in effect on, or
subsequent to July 1, 1969, or (2) from employing any
consolidated standards in determining need for public aid and
the amount of money payment or grant for individual
recipients or recipient families.
(Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97;
90-326, eff. 8-8-97; 90-372, eff. 7-1-98; 90-655, eff.
7-30-98.)
(305 ILCS 5/12-4.34)
(Section scheduled to be repealed on August 31, 1999)
Sec. 12-4.34. Services to noncitizens.
(a) Subject to specific appropriation for this purpose
and notwithstanding Sections 1-11 and 3-1 of this Code, the
Department of Human Services is authorized to provide
services to legal immigrants, including but not limited to
naturalization and nutrition services and financial
assistance. The nature of these services, payment levels,
and eligibility conditions shall be determined by rule.
(b) The Illinois Department is authorized to lower the
payment levels established under this subsection or take such
other actions during the fiscal year as are necessary to
ensure that payments under this subsection do not exceed the
amounts appropriated for this purpose. These changes may be
accomplished by emergency rule under Section 5-45 of the
Illinois Administrative Procedure Act, except that the
limitation on the number of emergency rules that may be
adopted in a 24-month period shall not apply.
(c) This Section is repealed on August 31, 2000 1999.
(Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98.)
(305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
Sec. 12-9. Public Aid Assistance Recoveries Trust Fund;
uses. The Public Aid Assistance Recoveries Trust Fund shall
consist of (1) recoveries by the Illinois Department of
Public Aid authorized by this Code in respect to applicants
or recipients under Articles III, IV, V, and VI and VII,
including recoveries made by the Illinois Department of
Public Aid from the estates of deceased recipients, (2)
recoveries made by the Illinois Department of Public Aid in
respect to applicants and recipients under the Children's
Health Insurance Program, and (3) federal funds received on
behalf of and earned by local governmental entities for
services provided to applicants or recipients covered under
this Code. and payments received by the Illinois Department
under Sections 10-3.1, 10-8, 10-10, 10-16, and 10-19 except
those pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act and
required to be paid into the Child Support Enforcement Trust
Fund under Section 12-10.2 of this Code, that are required by
such Sections to be paid into the Public Assistance
Recoveries Trust Fund. Until July 1, 1998, this Fund shall be
held by the State treasurer as ex-officio custodian outside
the State treasury. After June 30, 1998, The Fund shall be
held as a special fund in the State Treasury.
Disbursements from this Fund shall be only (1) for the
reimbursement of claims collected by the Illinois Department
of Public Aid through error or mistake, (2) for payment to
persons or agencies designated as payees or co-payees on any
instrument, whether or not negotiable, delivered to the
Illinois Department of Public Aid as a recovery under this
Section, such payment to be in proportion to the respective
interests of the payees in the amount so collected, (3) for
payments to the Department of Human Services for collections
made by the Illinois Department of Public Aid on behalf of
the Department of Human Services under this Code, (4) for
payments to non-recipients, or to former recipients of
financial aid of the collections which are made in their
behalf under Article X except those pursuant to the Child
Support Enforcement Program established by Title IV-D of the
Social Security Act required to be paid from the Child
Support Enforcement Trust Fund under Section 12-10.2 of this
Code, (4) for payment to local governmental units of support
payments collected by the Illinois Department pursuant to an
agreement under Section 10-3.1, (5) for payment of
administrative expenses incurred in performing the activities
authorized under this Code, (5) by Article X except those
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act required to be paid
from the Child Support Enforcement Trust Fund under Section
12-10.2 of this Code, (6) for payment of fees to persons or
agencies in the performance of activities pursuant to the
collection of monies owed the State that are collected under
this Code, (6) except those monies pursuant to the Child
Support Enforcement Program established by Title IV-D of the
Social Security Act required to be paid from the Child
Support Enforcement Trust Fund under Section 12-10.2 of this
Code, (7) for payments of any amounts which are reimbursable
to the federal government which are required to be paid by
State warrant by either the State or federal government, and
(7) for payments to local governmental entities of federal
funds for services provided to applicants or recipients
covered under this Code. (8) for disbursements to attorneys
or advocates for legal representation in an appeal of any
claim for federal Supplemental Security Income benefits
before an administrative law judge as provided for in Section
3-13 of this Code. Until July 1, 1998, disbursements from
this Fund shall be by warrants drawn by the State Comptroller
as receipt of vouchers duly executed and certified by the
Illinois Department. After June 30, 1998, Disbursements
from this Fund for purposes of items (4) and (5), (6), and
(8) of this paragraph shall be subject to appropriations from
the Fund to the Illinois Department of Public Aid.
The balance in this Fund on the first day of each
calendar quarter, after payment therefrom of any amounts
reimbursable to the federal government, and minus the amount
reasonably anticipated to be needed to make the disbursements
during that quarter authorized by this Section, shall be
certified by the Director of the Illinois Department of
Public Aid and transferred by the State Comptroller to the
General Revenue Fund in the State Treasury within 30 days of
the first day of each calendar quarter.
On July 1, 1999, the State Comptroller shall transfer the
sum of $5,000,000 from the Public Aid Recoveries Trust Fund
(formerly the Public Assistance Recoveries Trust Fund) into
the DHS Recoveries Trust Fund.
(Source: P.A. 90-255, eff. 1-1-98.)
(305 ILCS 5/12-9.1 new)
Sec. 12-9.1. DHS Recoveries Trust Fund; uses. The DHS
Recoveries Trust Fund shall consist of recoveries authorized
by this Code in respect to applicants or recipients under
Articles III, IV, and VI, including recoveries from the
estates of deceased recipients, and payments received by the
Illinois Department of Human Services under Sections 10-3.1,
10-8, 10-10, 10-16, 10-19, and 12-9 that are required by
those Sections to be paid into the DHS Recoveries Trust Fund.
This Fund shall be held as a special fund in the State
Treasury.
Disbursements from the Fund shall be only (1) for the
reimbursement of claims collected by the Illinois Department
of Human Services through error or mistake, (2) for payment
to persons or agencies designated as payees or co-payees on
any instrument, whether or not negotiable, delivered to the
Illinois Department of Human Services as a recovery under
this Section, such payment to be in proportion to the
respective interests of the payees in the amount so
collected, (3) for payments to non-recipients, or to former
recipients of financial aid of the collections which are made
in their behalf under Article X, (4) for payment to local
governmental units of support payments collected by the
Illinois Department of Human Services pursuant to an
agreement under Section 10-3.1, (5) for payment of
administrative expenses incurred in performing the activities
authorized by Article X, (6) for payment of fees to person or
agencies in the performance of activities pursuant to the
collection of moneys owed the State, (7) for payments of any
amounts which are reimbursable to the federal government
which are required to be paid by State warrant by either the
State or federal government, and (8) for disbursements to
attorneys or advocates for legal representation in an appeal
of any claim for federal Supplemental Security Income
benefits before an administrative law judge as provided for
in Section 3-13 of this Code. Disbursements from the Fund
for purposes of items (5), (6), and (8) of this paragraph
shall be subject to appropriations from the Fund to the
Illinois Department of Human Services.
The balance in the Fund on the first day of each calendar
quarter, after payment therefrom of any amounts reimbursable
to the federal government, and minus the amount reasonably
anticipated to be needed to make the disbursements during
that quarter authorized by this Section, shall be certified
by the Secretary of Human Services and transferred by the
State Comptroller to the General Revenue Fund within 30 days
after the first day of each calendar quarter.
(305 ILCS 5/12-10) (from Ch. 23, par. 12-10)
Sec. 12-10. Special Purposes Trust Fund; uses. The
Special Purposes Trust Fund, to be held outside the State
Treasury by the State Treasurer as ex-officio custodian,
shall consist of (1) any federal grants received under
Section 12-4.6 that are not required by Section 12-5 to be
paid into the General Revenue Fund or transferred into the
Local Initiative Fund under Section 12-10.1 or deposited in
the Employment and Training Fund under Section 12-10.3 or in
the special account established and maintained in that Fund
as provided in that Section; (2) grants, gifts or legacies of
moneys or securities received under Section 12-4.18; (3)
grants received under Section 12-4.19; and (4) funds for
child care and development services. Disbursements from this
Fund shall be only for the purposes authorized by the
aforementioned Sections.
Disbursements from this Fund shall be by warrants drawn
by the State Comptroller on receipt of vouchers duly executed
and certified by the Illinois Department of Human Services,
including payment to the Health Insurance Reserve Fund for
group insurance costs at the rate certified by the Department
of Central Management Services.
All federal monies received as reimbursement for
expenditures from the General Revenue Fund, and which were
made for the purposes authorized for expenditures from the
Special Purposes Trust Fund, shall be deposited by the
Department into the General Revenue Fund.
(Source: P.A. 90-587, eff. 7-1-98.)
(305 ILCS 5/12-11) (from Ch. 23, par. 12-11)
Sec. 12-11. Deposits by State Treasurer. The State
Treasurer shall deposit moneys received by him as ex-officio
custodian of the Public Assistance Recoveries Trust Fund
(until July 1, 1998), the Child Support Enforcement Trust
Fund and the Special Purposes Trust Fund in banks or savings
and loan associations which have been approved by him as
State Depositaries under the Deposit of State Moneys Act, and
with respect to such moneys shall be entitled to the same
rights and privileges as are provided by such Act with
respect to moneys in the treasury of the State of Illinois.
(Source: P.A. 90-255, eff. 1-1-98.)
(305 ILCS 5/15-2) (from Ch. 23, par. 15-2)
Sec. 15-2. County Provider Trust Fund.
(a) There is created in the State Treasury the County
Provider Trust Fund. Interest earned by the Fund shall be
credited to the Fund. The Fund shall not be used to replace
any funds appropriated to the Medicaid program by the General
Assembly.
(b) The Fund is created solely for the purposes of
receiving, investing, and distributing monies in accordance
with this Article XV. The Fund shall consist of:
(1) All monies collected or received by the
Illinois Department under Section 15-3 of this Code;
(2) All federal financial participation monies
received by the Illinois Department pursuant to Title XIX
of the Social Security Act, 42 U.S.C. 1396(b),
attributable to eligible expenditures made by the
Illinois Department pursuant to Section 15-5 of this
Code;
(3) All federal moneys received by the Illinois
Department pursuant to Title XXI of the Social Security
Act attributable to eligible expenditures made by the
Illinois Department pursuant to Section 15-5 of this
Code; and
(4) All other monies received by the Fund from any
source, including interest thereon.
(c) Disbursements from the Fund shall be by warrants
drawn by the State Comptroller upon receipt of vouchers duly
executed and certified by the Illinois Department and shall
be made only:
(1) For hospital inpatient care, hospital
outpatient care, care provided by other outpatient
facilities operated by a county, and disproportionate
share hospital payments made under Title XIX of the
Social Security Act and Article V of this Code as
required by Section 15-5 of this Code;
(1.5) For services provided by county providers
pursuant to Section 5-11 or 5-16.3 of this Code;
(2) For the reimbursement of administrative
expenses incurred by county providers on behalf of the
Illinois Department as permitted by Section 15-4 of this
Code;
(3) For the reimbursement of monies received by the
Fund through error or mistake;
(4) For the payment of administrative expenses
necessarily incurred by the Illinois Department or its
agent in performing the activities required by this
Article XV; and
(5) For the payment of any amounts that are
reimbursable to the federal government, attributable
solely to the Fund, and required to be paid by State
warrant; and
(6) For hospital inpatient care, hospital
outpatient care, care provided by other outpatient
facilities operated by a county, and disproportionate
share hospital payments made under Title XXI of the
Social Security Act, pursuant to Section 15-5 of this
Code.
(Source: P.A. 90-618, eff. 7-10-98.)
(305 ILCS 5/15-3) (from Ch. 23, par. 15-3)
Sec. 15-3. Intergovernmental Transfers.
(a) Each qualifying county shall make an annual
intergovernmental transfer to the Illinois Department in an
amount equal to 71.7% of the difference between the total
payments made by the Illinois Department to such county
provider for hospital services under Titles Title XIX and XXI
of the Social Security Act or pursuant to Section 5-11 or
5-16.3 of this Code in each fiscal year ending June 30 (or
fraction thereof during the fiscal year ending June 30, 1993)
and $108,800,000 (or fraction thereof), except that the
annual intergovernmental transfer shall not exceed the total
payments made by the Illinois Department to such county
provider for hospital services under this Code or pursuant to
Section 5-16.3 of this Code, less the sum of (i) 50% of
payments reimbursable under Title XIX of the Social Security
Act at a rate of 50% and (ii) 65% of payments reimbursable
under the Social Security Act at a rate of 65%, in each
fiscal year ending June 30 (or fraction thereof).
(b) The payment schedule for the intergovernmental
transfer made hereunder shall be established by
intergovernmental agreement between the Illinois Department
and the applicable county, which agreement shall at a minimum
provide:
(1) For periodic payments no less frequently than
monthly to the county provider for inpatient and
outpatient approved or adjudicated claims and for
disproportionate share payments under Section 5-5.02 of
this Code (in the initial year, for services after July
1, 1991, or such other date as an approved State Medical
Assistance Plan shall provide) and to the county provider
pursuant to Section 5-16.3 of this Code.
(2) For periodic payments no less frequently than
monthly to the county provider for supplemental
disproportionate share payments hereunder based on a
federally approved State Medical Assistance Plan.
(3) For calculation of the intergovernmental
transfer payment to be made by the county equal to 71.7%
of the difference between the amount of the periodic
payment and the base amount; provided, however, that if
the periodic payment for any period is less than the base
amount for such period, the base amount for the
succeeding period (and any successive period if
necessary) shall be increased by the amount of such
shortfall.
(4) For an intergovernmental transfer methodology
which obligates the Illinois Department to notify the
county and county provider in writing of each impending
periodic payment and the intergovernmental transfer
payment attributable thereto and which obligates the
Comptroller to release the periodic payment to the county
provider within one working day of receipt of the
intergovernmental transfer payment from the county.
(Source: P.A. 90-618, eff. 7-10-98.)
(305 ILCS 5/15-4) (from Ch. 23, par. 15-4)
Sec. 15-4. Contractual assumption of certain expenses.
Hospitals may, at their election, by written agreement
between the counties owning and operating the hospitals and
the Illinois Department, assume specified expenses of the
operation of the Illinois Department associated with the
determination of eligibility, direct payment of which
expenses by the Illinois Department would qualify as public
funds expended by the Illinois Department for the Illinois
Medical Assistance Program or other health care programs
administered by the Illinois Department. The Illinois
Department shall open an adequately staffed special on-site
office or offices at facilities designated by the county for
the purpose of assisting the county in ensuring that all
eligible individuals are enrolled in the Illinois Medical
Assistance Program and, to the extent that enrollment into
the integrated health care program established under Section
5-16.3 of this Code is conducted at local public assistance
offices in the county, for the purpose of enrollment of
persons into any managed health care entity operated by the
county. The enrollment process shall meet the requirements
of subsection (e) of Section 5-16.3. Each such agreement,
executed in accordance with Section 3 of the
Intergovernmental Cooperation Act, shall describe the
operational expenses to be assumed in sufficient detail to
permit the Illinois Department to certify upon such written
obligation or performance thereunder that the hospital's
compliance with the terms of the agreement will amount to the
commitment of public funds eligible for the federal financial
participation or other federal funding called for in Title
XIX or Title XXI of the Social Security Act.
(Source: P.A. 87-13; 88-554, eff. 7-26-94.)
Section 30. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 705 and 709 as
follows:
(750 ILCS 5/705) (from Ch. 40, par. 705)
Sec. 705. Support payments; receiving and disbursing
agents.
(1) The provisions of this Section shall apply, except
as provided in Sections 709 through 712.
(2) In a dissolution of marriage action filed in a
county of less than 3 million population in which an order or
judgment for child support is entered, and in supplementary
proceedings in any such county to enforce or vary the terms
of such order or judgment arising out of an action for
dissolution of marriage filed in such county, the court,
except as it otherwise orders, under subsection (4) of this
Section, may direct that child support payments be made to
the clerk of the court.
(3) In a dissolution of marriage action filed in any
county of 3 million or more population in which an order or
judgment for child support is entered, and in supplementary
proceedings in any such county to enforce or vary the terms
of such order or judgment arising out of an action for
dissolution of marriage filed in such county, the court,
except as it otherwise orders under subsection (4) of this
Section, may direct that child support payments be made
either to the clerk of the court or to the Court Service
Division of the County Department of Public Aid. After the
effective date of this Act, the court, except as it otherwise
orders under subsection (4) of this Section, may direct that
child support payments be made either to the clerk of the
court or to the Illinois Department of Public Aid.
(4) In a dissolution of marriage action or supplementary
proceedings involving maintenance or child support payments,
or both, to persons who are recipients of aid under the
Illinois Public Aid Code, the court shall direct that such
payments be made to (a) the Illinois Department of Public Aid
if the persons are recipients under Articles III, IV, or V of
the Code, or (b) the local governmental unit responsible for
their support if they are recipients under Articles VI or VII
of the Code. In accordance with federal law and regulations,
the Illinois Department of Public Aid may continue to collect
current maintenance payments or child support payments, or
both, after those persons cease to receive public assistance
and until termination of services under Article X of the
Illinois Public Aid Code. The Illinois Department of Public
Aid shall pay the net amount collected to those persons after
deducting any costs incurred in making the collection or any
collection fee from the amount of any recovery made. The
order shall permit the Illinois Department of Public Aid or
the local governmental unit, as the case may be, to direct
that payments be made directly to the former spouse, the
children, or both, or to some person or agency in their
behalf, upon removal of the former spouse or children from
the public aid rolls or upon termination of services under
Article X of the Illinois Public Aid Code; and upon such
direction, the Illinois Department or local governmental
unit, as the case requires, shall give notice of such action
to the court in writing or by electronic transmission.
(5) All clerks of the court and the Court Service
Division of a County Department of Public Aid and, after the
effective date of this Act, all clerks of the court and the
Illinois Department of Public Aid, receiving child support
payments under subsections (2) and (3) of this Section shall
disburse the payments to the person or persons entitled
thereto under the terms of the order or judgment. They shall
establish and maintain current records of all moneys received
and disbursed and of defaults and delinquencies in required
payments. The court, by order or rule, shall make provision
for the carrying out of these duties.
in effect in accordance with the Income Withholding for
Support
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to the clerk
of the court to cease the transmittal. After providing the
notification authorized under this paragraph, the Illinois
Department of Public Aid shall be entitled as a party to
notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of
Public Aid's notification in the court file. The failure of
the clerk to file a copy of the notification in the court
file shall not, however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All
other payments under this Section to the Illinois Department
of Human Services Public Aid shall be deposited in the DHS
Public Assistance Recoveries Trust Fund. Disbursements from
these funds shall be as provided in the Illinois Public Aid
Code. Payments received by a local governmental unit shall
be deposited in that unit's General Assistance Fund. Any
order of court directing payment of child support to a clerk
of court or the Court Service Division of a County Department
of Public Aid, which order has been entered on or after
August 14, 1961, and prior to the effective date of this Act,
may be amended by the court in line with this Act; and orders
involving payments of maintenance or child support to
recipients of public aid may in like manner be amended to
conform to this Act.
(6) No filing fee or costs will be required in any
action brought at the request of the Illinois Department of
Public Aid in any proceeding under this Act. However, any
such fees or costs may be assessed by the court against the
respondent in the court's order of support or any
modification thereof in a proceeding under this Act.
(7) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
In any action filed in a county with a population of
1,000,000 or less, the court shall assess against the
respondent in any order of maintenance or child support any
sum up to $36 annually authorized by ordinance of the county
board to be collected by the clerk of the court as costs for
administering the collection and disbursement of maintenance
and child support payments. Such sum shall be in addition to
and separate from amounts ordered to be paid as maintenance
or child support.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
90-790, eff. 8-14-98; revised 9-14-98.)
(750 ILCS 5/709) (from Ch. 40, par. 709)
Sec. 709. Mandatory child support payments to clerk.
(a) As of January 1, 1982, child support orders entered
in any county covered by this subsection shall be made
pursuant to the provisions of Sections 709 through 712 of
this Act. For purposes of these Sections, the term "child
support payment" or "payment" shall include any payment
ordered to be made solely for the purpose of the support of a
child or children or any payment ordered for general support
which includes any amount for support of any child or
children.
The provisions of Sections 709 through 712 shall be
applicable to any county with a population of 2 million or
more and to any other county which notifies the Supreme Court
of its desire to be included within the coverage of these
Sections and is certified pursuant to Supreme Court Rules.
The effective date of inclusion, however, shall be
subject to approval of the application for reimbursement of
the costs of the support program by the Department of Public
Aid as provided in Section 712.
(b) In any proceeding for a dissolution of marriage,
legal separation, or declaration of invalidity of marriage,
or in any supplementary proceedings in which a judgment or
modification thereof for the payment of child support is
entered on or after January 1, 1982, in any county covered by
Sections 709 through 712, and the person entitled to payment
is receiving a grant of financial aid under Article IV of the
Illinois Public Aid Code or has applied and qualified for
support services under Section 10-1 of that Code, the court
shall direct: (1) that such payments be made to the clerk of
the court and (2) that the parties affected shall each
thereafter notify the clerk of any change of address or
change in other conditions that may affect the administration
of the order, including the fact that a party who was
previously not on public aid has become a recipient of public
aid, within 10 days of such change. All notices sent to the
obligor's last known address on file with the clerk shall be
deemed sufficient to proceed with enforcement pursuant to the
provisions of Sections 709 through 712.
In all other cases, the court may direct that payments be
made to the clerk of the court.
(c) Except as provided in subsection (d) of this
Section, the clerk shall disburse the payments to the person
or persons entitled thereto under the terms of the order or
judgment.
(d) The court shall determine, prior to the entry of the
support order, if the party who is to receive the support is
presently receiving public aid or has a current application
for public aid pending and shall enter the finding on the
record.
If the person entitled to payment is a recipient of aid
under the Illinois Public Aid Code, the clerk, upon being
informed of this fact by finding of the court, by
notification by the party entitled to payment, by the
Illinois Department of Public Aid or by the local
governmental unit, shall make all payments to: (1) the
Illinois Department of Public Aid if the person is a
recipient under Article III, IV, or V of the Code or (2) the
local governmental unit responsible for his or her support if
the person is a recipient under Article VI or VII of the
Code. In accordance with federal law and regulations, the
Illinois Department of Public Aid may continue to collect
current maintenance payments or child support payments, or
both, after those persons cease to receive public assistance
and until termination of services under Article X of the
Illinois Public Aid Code. The Illinois Department of Public
Aid shall pay the net amount collected to those persons after
deducting any costs incurred in making the collection or any
collection fee from the amount of any recovery made. Upon
termination of public aid payments to such a recipient or
termination of services under Article X of the Illinois
Public Aid Code, the Illinois Department of Public Aid or the
appropriate local governmental unit shall notify the clerk in
writing or by electronic transmission that all subsequent
payments are to be sent directly to the person entitled
thereto.
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to the clerk
of the court to cease the transmittal. After providing the
notification authorized under this paragraph, the Illinois
Department of Public Aid shall be entitled as a party to
notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of
Public Aid's notification in the court file. The failure of
the clerk to file a copy of the notification in the court
file shall not, however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All
other payments under this Section to the Illinois Department
of Human Services Public Aid shall be deposited in the DHS
Public Assistance Recoveries Trust Fund. Disbursements from
these funds shall be as provided in the Illinois Public Aid
Code. Payments received by a local governmental unit shall
be deposited in that unit's General Assistance Fund.
(e) Any order or judgment may be amended by the court,
upon its own motion or upon the motion of either party, to
conform with the provisions of Sections 709 through 712,
either as to the requirement of making payments to the clerk
or, where payments are already being made to the clerk, as to
the statutory fees provided for under Section 711.
(f) The clerk may invest in any interest bearing account
or in any securities, monies collected for the benefit of a
payee, where such payee cannot be found; however, the
investment may be only for the period until the clerk is able
to locate and present the payee with such monies. The clerk
may invest in any interest bearing account, or in any
securities, monies collected for the benefit of any other
payee; however, this does not alter the clerk's obligation to
make payments to the payee in a timely manner. Any interest
or capital gains accrued shall be for the benefit of the
county and shall be paid into the special fund established in
subsection (b) of Section 711.
(g) The clerk shall establish and maintain a payment
record of all monies received and disbursed and such record
shall constitute prima facie evidence of such payment and
non-payment, as the case may be.
(h) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(Source: P.A. 87-1252; 88-687, eff. 1-24-95.)
Section 35. The Non-Support of Spouse and Children Act
is amended by changing Section 2.1 as follows:
(750 ILCS 15/2.1) (from Ch. 40, par. 1105)
Sec. 2.1. Support payments; receiving and disbursing
agents.
(1) In actions instituted under this Act on and after
August 14, 1961, involving a minor child or children, the
Court, except in actions instituted on or after August 26,
1969, in which the support payments are in behalf of a
recipient of aid under the Illinois Public Aid Code, shall
direct that moneys ordered to be paid for support under
Sections 3 and 4 of this Act shall be paid to the clerk of
the court in counties of less than 3 million population, and
in counties of 3 million or more population, to the clerk or
probation officer of the court or to the Court Service
Division of the County Department of Public Aid. After the
effective date of this amendatory Act of 1975, the court
shall direct that such support moneys be paid to the clerk or
probation officer or the Illinois Department of Public Aid.
However, the court in its discretion may direct otherwise
where exceptional circumstances so warrant. If payment is to
be made to persons other than the clerk or probation officer,
the Court Service Division of the County Department of Public
Aid, or the Illinois Department of Public Aid, the judgment
or order of support shall set forth the facts of the
exceptional circumstances.
(2) In actions instituted after August 26, 1969, where
the support payments are in behalf of spouses, children, or
both, who are recipients of aid under the Illinois Public Aid
Code, the court shall order the payments to be made directly
to (1) the Illinois Department of Public Aid if the person is
a recipient under Articles III, IV or V of the Code, or (2)
to the local governmental unit responsible for the support of
the person if he or she is a recipient under Articles VI or
VII of the Code. In accordance with federal law and
regulations, the Illinois Department of Public Aid may
continue to collect current maintenance payments or child
support payments, or both, after those persons cease to
receive public assistance and until termination of services
under Article X of the Illinois Public Aid Code. The
Illinois Department of Public Aid shall pay the net amount
collected to those persons after deducting any costs incurred
in making the collection or any collection fee from the
amount of any recovery made. The order shall permit the
Illinois Department of Public Aid or the local governmental
unit, as the case may be, to direct that support payments be
made directly to the spouse, children, or both, or to some
person or agency in their behalf, upon removal of the spouse
or children from the public aid rolls or upon termination of
services under Article X of the Illinois Public Aid Code; and
upon such direction, the Illinois Department or the local
governmental unit, as the case requires, shall give notice of
such action to the court in writing or by electronic
transmission.
(3) The clerks, probation officers, and the Court
Service Division of the County Department of Public Aid in
counties of 3 million or more population, and, after the
effective date of this amendatory Act of 1975, the clerks,
probation officers, and the Illinois Department of Public
Aid, shall disburse moneys paid to them to the person or
persons entitled thereto under the order of the Court. They
shall establish and maintain current records of all moneys
received and disbursed and of delinquencies and defaults in
required payments. The Court, by order or rule, shall make
provision for the carrying out of these duties.
in accordance with the Income Withholding for Support
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to cease the
transmittal. After providing the notification authorized
under this paragraph, the Illinois Department of Public Aid
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department of Public Aid's notification
in the court file. The failure of the clerk to file a copy
of the notification in the court file shall not, however,
affect the Illinois Department of Public Aid's right to
receive notice of further proceedings.
(4) Payments under this Section to the Illinois
Department of Public Aid pursuant to the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act shall be paid into the Child Support Enforcement
Trust Fund. All other payments under this Section to the
Illinois Department of Human Services Public Aid shall be
deposited in the DHS Public Assistance Recoveries Trust Fund.
Disbursements from these funds shall be as provided in the
Illinois Public Aid Code. Payments received by a local
governmental unit shall be deposited in that unit's General
Assistance Fund.
(5) Orders and assignments entered or executed prior to
the Act approved August 14, 1961 shall not be affected
thereby. Employers served with wage assignments executed
prior to that date shall comply with the terms thereof.
However, the Court, on petition of the state's attorney, or
of the Illinois Department of Public Aid or local
governmental unit in respect to recipients of public aid, may
order the execution of new assignments and enter new orders
designating the clerk, probation officer, or the Illinois
Department of Public Aid or appropriate local governmental
unit in respect to payments in behalf of recipients of public
aid, as the person or agency authorized to receive and
disburse the salary or wages assigned. On like petition the
Court may enter new orders designating such officers,
agencies or governmental units to receive and disburse the
payments ordered under Section 4.
(6) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
90-790, eff. 8-14-98; revised 9-14-98.)
Section 40. The Illinois Parentage Act of 1984 is
amended by changing Section 21 as follows:
(750 ILCS 45/21) (from Ch. 40, par. 2521)
Sec. 21. Support payments; receiving and disbursing
agents.
(1) In an action filed in a county counties of less than
3 million population in which an order for child support is
entered, and in supplementary proceedings in such a county
counties to enforce or vary the terms of such order arising
out of an action filed in such a county counties, the court,
except in actions or supplementary proceedings in which the
pregnancy and delivery expenses of the mother or the child
support payments are for a recipient of aid under the
Illinois Public Aid Code, shall direct that child support
payments be made to the clerk of the court unless in the
discretion of the court exceptional circumstances warrant
otherwise. In cases where payment is to be made to persons
other than the clerk of the court the judgment or order of
support shall set forth the facts of the exceptional
circumstances.
(2) In an action filed in a county counties of 3 million
or more population in which an order for child support is
entered, and in supplementary proceedings in such a county
counties to enforce or vary the terms of such order arising
out of an action filed date in such a county counties, the
court, except in actions or supplementary proceedings in
which the pregnancy and delivery expenses of the mother or
the child support payments are for a recipient of aid under
the Illinois Public Aid Code, shall direct that child support
payments be made either to the clerk of the court or to the
Court Service Division of the County Department of Public
Aid, or to the clerk of the court or to the Illinois
Department of Public Aid, unless in the discretion of the
court exceptional circumstances warrant otherwise. In cases
where payment is to be made to persons other than the clerk
of the court, the Court Service Division of the County
Department of Public Aid, or the Illinois Department of
Public Aid, the judgment or order of support shall set forth
the facts of the exceptional circumstances.
(3) Where the action or supplementary proceeding is in
behalf of a mother for pregnancy and delivery expenses or for
child support, or both, and the mother, child, or both, are
recipients of aid under the Illinois Public Aid Code, the
court shall order that the payments be made directly to (a)
the Illinois Department of Public Aid if the mother or child,
or both, are recipients under Articles IV or V of the Code,
or (b) the local governmental unit responsible for the
support of the mother or child, or both, if they are
recipients under Articles VI or VII of the Code. In
accordance with federal law and regulations, the Illinois
Department of Public Aid may continue to collect current
maintenance payments or child support payments, or both,
after those persons cease to receive public assistance and
until termination of services under Article X of the Illinois
Public Aid Code. The Illinois Department of Public Aid shall
pay the net amount collected to those persons after deducting
any costs incurred in making the collection or any collection
fee from the amount of any recovery made. The Illinois
Department of Public Aid or the local governmental unit, as
the case may be, may direct that payments be made directly to
the mother of the child, or to some other person or agency in
the child's behalf, upon the removal of the mother and child
from the public aid rolls or upon termination of services
under Article X of the Illinois Public Aid Code; and upon
such direction, the Illinois Department or the local
governmental unit, as the case requires, shall give notice of
such action to the court in writing or by electronic
transmission.
(4) All clerks of the court and the Court Service
Division of a County Department of Public Aid and the
Illinois Department of Public Aid, receiving child support
payments under paragraphs (1) or (2) shall disburse the same
to the person or persons entitled thereto under the terms of
the order. They shall establish and maintain clear and
current records of all moneys received and disbursed and of
defaults and delinquencies in required payments. The court,
by order or rule, shall make provision for the carrying out
of these duties.
in accordance with the Income Withholding for Support
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to cease the
transmittal. After providing the notification authorized
under this paragraph, the Illinois Department of Public Aid
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department of Public Aid's notification
in the court file. The failure of the clerk to file a copy
of the notification in the court file shall not, however,
affect the Illinois Department of Public Aid's right to
receive notice of further proceedings.
Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All
other payments under this Section to the Illinois Department
of Human Services Public Aid shall be deposited in the DHS
Public Assistance Recoveries Trust Fund. Disbursement from
these funds shall be as provided in the Illinois Public Aid
Code. Payments received by a local governmental unit shall
be deposited in that unit's General Assistance Fund.
(5) The moneys received by persons or agencies
designated by the court shall be disbursed by them in
accordance with the order. However, the court, on petition
of the state's attorney, may enter new orders designating the
clerk of the court or the Illinois Department of Public Aid,
as the person or agency authorized to receive and disburse
child support payments and, in the case of recipients of
public aid, the court, on petition of the Attorney General or
State's Attorney, shall direct subsequent payments to be paid
to the Illinois Department of Public Aid or to the
appropriate local governmental unit, as provided in paragraph
(3). Payments of child support by principals or sureties on
bonds, or proceeds of any sale for the enforcement of a
judgment shall be made to the clerk of the court, the
Illinois Department of Public Aid or the appropriate local
governmental unit, as the respective provisions of this
Section require.
(6) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
90-790, eff. 8-14-98; revised 11-5-98.)
Section 99. Effective date. This Act takes effect July
1, 1999.
[ Top ]