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91_HB2518ccr001
LRB9105168EGfgccr8
1 91ST GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON HOUSE BILL 2518
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to Senate
10 Amendment No. 1 to House Bill 2518, recommend the following:
11 1. that the Senate recede from Senate Amendment No. 1;
12 and
13 2. that House Bill 2518 be amended by replacing the
14 title with the following:
15 "AN ACT in relation to public assistance."; and
16 by replacing everything after the enacting clause with the
17 following:
18 "Section 5. The Illinois Administrative Procedure Act is
19 amended by changing Section 5-45 as follows:
20 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
21 Sec. 5-45. Emergency rulemaking.
22 (a) "Emergency" means the existence of any situation
23 that any agency finds reasonably constitutes a threat to the
24 public interest, safety, or welfare.
25 (b) If any agency finds that an emergency exists that
26 requires adoption of a rule upon fewer days than is required
27 by Section 5-40 and states in writing its reasons for that
28 finding, the agency may adopt an emergency rule without prior
29 notice or hearing upon filing a notice of emergency
30 rulemaking with the Secretary of State under Section 5-70.
31 The notice shall include the text of the emergency rule and
32 shall be published in the Illinois Register. Consent orders
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1 or other court orders adopting settlements negotiated by an
2 agency may be adopted under this Section. Subject to
3 applicable constitutional or statutory provisions, an
4 emergency rule becomes effective immediately upon filing
5 under Section 5-65 or at a stated date less than 10 days
6 thereafter. The agency's finding and a statement of the
7 specific reasons for the finding shall be filed with the
8 rule. The agency shall take reasonable and appropriate
9 measures to make emergency rules known to the persons who may
10 be affected by them.
11 (c) An emergency rule may be effective for a period of
12 not longer than 150 days, but the agency's authority to adopt
13 an identical rule under Section 5-40 is not precluded. No
14 emergency rule may be adopted more than once in any 24 month
15 period, except that this limitation on the number of
16 emergency rules that may be adopted in a 24 month period does
17 not apply to (i) emergency rules that make additions to and
18 deletions from the Drug Manual under Section 5-5.16 of the
19 Illinois Public Aid Code or the generic drug formulary under
20 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
21 (ii) emergency rules adopted by the Pollution Control Board
22 before July 1, 1997 to implement portions of the Livestock
23 Management Facilities Act. Two or more emergency rules
24 having substantially the same purpose and effect shall be
25 deemed to be a single rule for purposes of this Section.
26 (d) In order to provide for the expeditious and timely
27 implementation of the State's fiscal year 1999 budget,
28 emergency rules to implement any provision of Public Act
29 90-587 or 90-588 this amendatory Act of 1998 or any other
30 budget initiative for fiscal year 1999 may be adopted in
31 accordance with this Section by the agency charged with
32 administering that provision or initiative, except that the
33 24-month limitation on the adoption of emergency rules and
34 the provisions of Sections 5-115 and 5-125 do not apply to
35 rules adopted under this subsection (d). The adoption of
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1 emergency rules authorized by this subsection (d) shall be
2 deemed to be necessary for the public interest, safety, and
3 welfare.
4 (e) In order to provide for the expeditious and timely
5 implementation of the State's fiscal year 2000 budget,
6 emergency rules to implement any provision of this amendatory
7 Act of the 91st General Assembly or any other budget
8 initiative for fiscal year 2000 may be adopted in accordance
9 with this Section by the agency charged with administering
10 that provision or initiative, except that the 24-month
11 limitation on the adoption of emergency rules and the
12 provisions of Sections 5-115 and 5-125 do not apply to rules
13 adopted under this subsection (e). The adoption of emergency
14 rules authorized by this subsection (e) shall be deemed to be
15 necessary for the public interest, safety, and welfare.
16 (Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97;
17 90-587, eff. 7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.)
18 Section 10. The State Finance Act is amended by adding
19 Sections 5.495 and 5.496 and changing Section 6z-24 as
20 follows:
21 (30 ILCS 105/5.495 new)
22 Sec. 5.495. The Public Aid Recoveries Trust Fund.
23 (30 ILCS 105/5.496 new)
24 Sec. 5.496. The DHS Recoveries Trust Fund.
25 (30 ILCS 105/6z-24) (from Ch. 127, par. 142z-24)
26 Sec. 6z-24. There is created in the State Treasury the
27 Special Education Medicaid Matching Fund. All monies
28 received from the federal government due to
29 educationally-related services authorized under Section 1903
30 of the Social Security Act, as amended, and for the
31 administrative costs related thereto shall be deposited in
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1 the Special Education Medicaid Matching Fund. All monies
2 received from the federal government due to
3 educationally-related services authorized under Section 2105
4 of the Social Security Act, as amended, shall be deposited in
5 the Special Education Medicaid Matching Fund.
6 The monies in the Special Education Medicaid Matching
7 Fund shall be held subject to appropriation by the General
8 Assembly to the State Board of Education for distribution to
9 school districts, pursuant to an interagency agreement
10 between the Illinois Department of Public Aid and the State
11 Board of Education, for medicaid eligible special education
12 children claims under Titles XIX and XXI of the Social
13 Security Act.
14 (Source: P.A. 87-641.)
15 Section 15. The School Code is amended by changing
16 Sections 14-7.04 and 18-8.05 as follows:
17 (105 ILCS 5/14-7.04) (from Ch. 122, par. 14-7.04)
18 Sec. 14-7.04. Health care reimbursement.
19 (a) Local educational agencies may utilize federally
20 funded health care programs to share in the costs of services
21 which are provided to children requiring special education
22 and related services and which are either listed on an
23 individualized education program established pursuant to the
24 federal Education for All Handicapped Children Act of 1975,
25 Public Law No. 94-142 or are provided under an individualized
26 family service plan established pursuant to the federal
27 Education of the Handicapped Act Amendments of 1986, Public
28 Law No. 99-457. Those federally funded health care programs
29 shall also share in the cost of all screenings and diagnostic
30 evaluations for children suspected of having or known to have
31 a disability. However, all such services shall continue to
32 be initially funded by the local educational agency and shall
33 be provided regardless of subsequent cost sharing with other
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1 funding sources. Federally funded health care reimbursement
2 funds are supplemental and shall not be used to reduce any
3 other Federal payments, private payments or State Board of
4 Education funds for special education as provided in Article
5 14 of the School Code for which the local education agency is
6 eligible.
7 Local educational agencies providing early periodic
8 screening and diagnostic testing services on or after August
9 1, 1991, including screening and diagnostic services, health
10 care and treatment, preventive health care, and any other
11 measure to correct or improve health impairments of
12 Medicaid-eligible children, may also access federally funded
13 health care resources.
14 The State Board of Education and the Department of Public
15 Aid may enter into an intergovernmental agreement whereby
16 school districts or their agents may claim medicaid matching
17 funds for medicaid eligible special education children as
18 authorized by Section 1903 of the Social Security Act. Under
19 that intergovernmental agreement, school districts or their
20 agents may also claim federal funds for the services provided
21 to special education students enrolled in the Children's
22 Health Insurance Program.
23 (b) No employee or officer of a school district, special
24 education joint agreement, office of a regional
25 superintendent of schools or the State Board of Education may
26 have a direct or indirect financial interest in any agreement
27 between the entity of which the person is an employee or
28 officer and any corporation, organization or other entity
29 that collects or participates in the collection of payments
30 from private health care benefit plans or federally funded
31 health care programs authorized under this Section.
32 (Source: P.A. 86-476; 87-468; 87-641; 87-895; 87-1168.)
33 (105 ILCS 5/18-8.05)
34 Sec. 18-8.05. Basis for apportionment of general State
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1 financial aid and supplemental general State aid to the
2 common schools for the 1998-1999 and subsequent school years.
3 (A) General Provisions.
4 (1) The provisions of this Section apply to the
5 1998-1999 and subsequent school years. The system of general
6 State financial aid provided for in this Section is designed
7 to assure that, through a combination of State financial aid
8 and required local resources, the financial support provided
9 each pupil in Average Daily Attendance equals or exceeds a
10 prescribed per pupil Foundation Level. This formula approach
11 imputes a level of per pupil Available Local Resources and
12 provides for the basis to calculate a per pupil level of
13 general State financial aid that, when added to Available
14 Local Resources, equals or exceeds the Foundation Level. The
15 amount of per pupil general State financial aid for school
16 districts, in general, varies in inverse relation to
17 Available Local Resources. Per pupil amounts are based upon
18 each school district's Average Daily Attendance as that term
19 is defined in this Section.
20 (2) In addition to general State financial aid, school
21 districts with specified levels or concentrations of pupils
22 from low income households are eligible to receive
23 supplemental general State financial aid grants as provided
24 pursuant to subsection (H). The supplemental State aid grants
25 provided for school districts under subsection (H) shall be
26 appropriated for distribution to school districts as part of
27 the same line item in which the general State financial aid
28 of school districts is appropriated under this Section.
29 (3) To receive financial assistance under this Section,
30 school districts are required to file claims with the State
31 Board of Education, subject to the following requirements:
32 (a) Any school district which fails for any given
33 school year to maintain school as required by law, or to
34 maintain a recognized school is not eligible to file for
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1 such school year any claim upon the Common School Fund.
2 In case of nonrecognition of one or more attendance
3 centers in a school district otherwise operating
4 recognized schools, the claim of the district shall be
5 reduced in the proportion which the Average Daily
6 Attendance in the attendance center or centers bear to
7 the Average Daily Attendance in the school district. A
8 "recognized school" means any public school which meets
9 the standards as established for recognition by the State
10 Board of Education. A school district or attendance
11 center not having recognition status at the end of a
12 school term is entitled to receive State aid payments due
13 upon a legal claim which was filed while it was
14 recognized.
15 (b) School district claims filed under this Section
16 are subject to Sections 18-9, 18-10, and 18-12, except as
17 otherwise provided in this Section.
18 (c) If a school district operates a full year
19 school under Section 10-19.1, the general State aid to
20 the school district shall be determined by the State
21 Board of Education in accordance with this Section as
22 near as may be applicable.
23 (d) (Blank).
24 (4) Except as provided in subsections (H) and (L), the
25 board of any district receiving any of the grants provided
26 for in this Section may apply those funds to any fund so
27 received for which that board is authorized to make
28 expenditures by law.
29 School districts are not required to exert a minimum
30 Operating Tax Rate in order to qualify for assistance under
31 this Section.
32 (5) As used in this Section the following terms, when
33 capitalized, shall have the meaning ascribed herein:
34 (a) "Average Daily Attendance": A count of pupil
35 attendance in school, averaged as provided for in
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1 subsection (C) and utilized in deriving per pupil
2 financial support levels.
3 (b) "Available Local Resources": A computation of
4 local financial support, calculated on the basis of
5 Average Daily Attendance and derived as provided pursuant
6 to subsection (D).
7 (c) "Corporate Personal Property Replacement
8 Taxes": Funds paid to local school districts pursuant to
9 "An Act in relation to the abolition of ad valorem
10 personal property tax and the replacement of revenues
11 lost thereby, and amending and repealing certain Acts and
12 parts of Acts in connection therewith", certified August
13 14, 1979, as amended (Public Act 81-1st S.S.-1).
14 (d) "Foundation Level": A prescribed level of per
15 pupil financial support as provided for in subsection
16 (B).
17 (e) "Operating Tax Rate": All school district
18 property taxes extended for all purposes, except Bond and
19 Interest, Summer School, Rent, Capital Improvement, and
20 Vocational Education Building purposes.
21 (B) Foundation Level.
22 (1) The Foundation Level is a figure established by the
23 State representing the minimum level of per pupil financial
24 support that should be available to provide for the basic
25 education of each pupil in Average Daily Attendance. As set
26 forth in this Section, each school district is assumed to
27 exert a sufficient local taxing effort such that, in
28 combination with the aggregate of general State financial aid
29 provided the district, an aggregate of State and local
30 resources are available to meet the basic education needs of
31 pupils in the district.
32 (2) For the 1998-1999 school year, the Foundation Level
33 of support is $4,225. For the 1999-2000 school year, the
34 Foundation Level of support is $4,325. For the 2000-2001
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1 school year, the Foundation Level of support is $4,425.
2 (3) For the 2001-2002 school year and each school year
3 thereafter, the Foundation Level of support is $4,425 or such
4 greater amount as may be established by law by the General
5 Assembly.
6 (C) Average Daily Attendance.
7 (1) For purposes of calculating general State aid
8 pursuant to subsection (E), an Average Daily Attendance
9 figure shall be utilized. The Average Daily Attendance
10 figure for formula calculation purposes shall be the monthly
11 average of the actual number of pupils in attendance of each
12 school district, as further averaged for the best 3 months of
13 pupil attendance for each school district. In compiling the
14 figures for the number of pupils in attendance, school
15 districts and the State Board of Education shall, for
16 purposes of general State aid funding, conform attendance
17 figures to the requirements of subsection (F).
18 (2) The Average Daily Attendance figures utilized in
19 subsection (E) shall be the requisite attendance data for the
20 school year immediately preceding the school year for which
21 general State aid is being calculated.
22 (D) Available Local Resources.
23 (1) For purposes of calculating general State aid
24 pursuant to subsection (E), a representation of Available
25 Local Resources per pupil, as that term is defined and
26 determined in this subsection, shall be utilized. Available
27 Local Resources per pupil shall include a calculated dollar
28 amount representing local school district revenues from local
29 property taxes and from Corporate Personal Property
30 Replacement Taxes, expressed on the basis of pupils in
31 Average Daily Attendance.
32 (2) In determining a school district's revenue from
33 local property taxes, the State Board of Education shall
34 utilize the equalized assessed valuation of all taxable
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1 property of each school district as of September 30 of the
2 previous year. The equalized assessed valuation utilized
3 shall be obtained and determined as provided in subsection
4 (G).
5 (3) For school districts maintaining grades kindergarten
6 through 12, local property tax revenues per pupil shall be
7 calculated as the product of the applicable equalized
8 assessed valuation for the district multiplied by 3.00%, and
9 divided by the district's Average Daily Attendance figure.
10 For school districts maintaining grades kindergarten through
11 8, local property tax revenues per pupil shall be calculated
12 as the product of the applicable equalized assessed valuation
13 for the district multiplied by 2.30%, and divided by the
14 district's Average Daily Attendance figure. For school
15 districts maintaining grades 9 through 12, local property tax
16 revenues per pupil shall be the applicable equalized assessed
17 valuation of the district multiplied by 1.20%, and divided by
18 the district's Average Daily Attendance figure.
19 (4) The Corporate Personal Property Replacement Taxes
20 paid to each school district during the calendar year 2 years
21 before the calendar year in which a school year begins,
22 divided by the Average Daily Attendance figure for that
23 district, shall be added to the local property tax revenues
24 per pupil as derived by the application of the immediately
25 preceding paragraph (3). The sum of these per pupil figures
26 for each school district shall constitute Available Local
27 Resources as that term is utilized in subsection (E) in the
28 calculation of general State aid.
29 (E) Computation of General State Aid.
30 (1) For each school year, the amount of general State
31 aid allotted to a school district shall be computed by the
32 State Board of Education as provided in this subsection.
33 (2) For any school district for which Available Local
34 Resources per pupil is less than the product of 0.93 times
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1 the Foundation Level, general State aid for that district
2 shall be calculated as an amount equal to the Foundation
3 Level minus Available Local Resources, multiplied by the
4 Average Daily Attendance of the school district.
5 (3) For any school district for which Available Local
6 Resources per pupil is equal to or greater than the product
7 of 0.93 times the Foundation Level and less than the product
8 of 1.75 times the Foundation Level, the general State aid per
9 pupil shall be a decimal proportion of the Foundation Level
10 derived using a linear algorithm. Under this linear
11 algorithm, the calculated general State aid per pupil shall
12 decline in direct linear fashion from 0.07 times the
13 Foundation Level for a school district with Available Local
14 Resources equal to the product of 0.93 times the Foundation
15 Level, to 0.05 times the Foundation Level for a school
16 district with Available Local Resources equal to the product
17 of 1.75 times the Foundation Level. The allocation of
18 general State aid for school districts subject to this
19 paragraph 3 shall be the calculated general State aid per
20 pupil figure multiplied by the Average Daily Attendance of
21 the school district.
22 (4) For any school district for which Available Local
23 Resources per pupil equals or exceeds the product of 1.75
24 times the Foundation Level, the general State aid for the
25 school district shall be calculated as the product of $218
26 multiplied by the Average Daily Attendance of the school
27 district.
28 (F) Compilation of Average Daily Attendance.
29 (1) Each school district shall, by July 1 of each year,
30 submit to the State Board of Education, on forms prescribed
31 by the State Board of Education, attendance figures for the
32 school year that began in the preceding calendar year. The
33 attendance information so transmitted shall identify the
34 average daily attendance figures for each month of the school
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1 year, except that any days of attendance in August shall be
2 added to the month of September and any days of attendance in
3 June shall be added to the month of May.
4 Except as otherwise provided in this Section, days of
5 attendance by pupils shall be counted only for sessions of
6 not less than 5 clock hours of school work per day under
7 direct supervision of: (i) teachers, or (ii) non-teaching
8 personnel or volunteer personnel when engaging in
9 non-teaching duties and supervising in those instances
10 specified in subsection (a) of Section 10-22.34 and paragraph
11 10 of Section 34-18, with pupils of legal school age and in
12 kindergarten and grades 1 through 12.
13 Days of attendance by tuition pupils shall be accredited
14 only to the districts that pay the tuition to a recognized
15 school.
16 (2) Days of attendance by pupils of less than 5 clock
17 hours of school shall be subject to the following provisions
18 in the compilation of Average Daily Attendance.
19 (a) Pupils regularly enrolled in a public school
20 for only a part of the school day may be counted on the
21 basis of 1/6 day for every class hour of instruction of
22 40 minutes or more attended pursuant to such enrollment.
23 (b) Days of attendance may be less than 5 clock
24 hours on the opening and closing of the school term, and
25 upon the first day of pupil attendance, if preceded by a
26 day or days utilized as an institute or teachers'
27 workshop.
28 (c) A session of 4 or more clock hours may be
29 counted as a day of attendance upon certification by the
30 regional superintendent, and approved by the State
31 Superintendent of Education to the extent that the
32 district has been forced to use daily multiple sessions.
33 (d) A session of 3 or more clock hours may be
34 counted as a day of attendance (1) when the remainder of
35 the school day or at least 2 hours in the evening of that
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1 day is utilized for an in-service training program for
2 teachers, up to a maximum of 5 days per school year of
3 which a maximum of 4 days of such 5 days may be used for
4 parent-teacher conferences, provided a district conducts
5 an in-service training program for teachers which has
6 been approved by the State Superintendent of Education;
7 or, in lieu of 4 such days, 2 full days may be used, in
8 which event each such day may be counted as a day of
9 attendance; and (2) when days in addition to those
10 provided in item (1) are scheduled by a school pursuant
11 to its school improvement plan adopted under Article 34
12 or its revised or amended school improvement plan adopted
13 under Article 2, provided that (i) such sessions of 3 or
14 more clock hours are scheduled to occur at regular
15 intervals, (ii) the remainder of the school days in which
16 such sessions occur are utilized for in-service training
17 programs or other staff development activities for
18 teachers, and (iii) a sufficient number of minutes of
19 school work under the direct supervision of teachers are
20 added to the school days between such regularly scheduled
21 sessions to accumulate not less than the number of
22 minutes by which such sessions of 3 or more clock hours
23 fall short of 5 clock hours. Any full days used for the
24 purposes of this paragraph shall not be considered for
25 computing average daily attendance. Days scheduled for
26 in-service training programs, staff development
27 activities, or parent-teacher conferences may be
28 scheduled separately for different grade levels and
29 different attendance centers of the district.
30 (e) A session of not less than one clock hour of
31 teaching hospitalized or homebound pupils on-site or by
32 telephone to the classroom may be counted as 1/2 day of
33 attendance, however these pupils must receive 4 or more
34 clock hours of instruction to be counted for a full day
35 of attendance.
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1 (f) A session of at least 4 clock hours may be
2 counted as a day of attendance for first grade pupils,
3 and pupils in full day kindergartens, and a session of 2
4 or more hours may be counted as 1/2 day of attendance by
5 pupils in kindergartens which provide only 1/2 day of
6 attendance.
7 (g) For children with disabilities who are below
8 the age of 6 years and who cannot attend 2 or more clock
9 hours because of their disability or immaturity, a
10 session of not less than one clock hour may be counted as
11 1/2 day of attendance; however for such children whose
12 educational needs so require a session of 4 or more clock
13 hours may be counted as a full day of attendance.
14 (h) A recognized kindergarten which provides for
15 only 1/2 day of attendance by each pupil shall not have
16 more than 1/2 day of attendance counted in any one day.
17 However, kindergartens may count 2 1/2 days of attendance
18 in any 5 consecutive school days. When a pupil attends
19 such a kindergarten for 2 half days on any one school
20 day, the pupil shall have the following day as a day
21 absent from school, unless the school district obtains
22 permission in writing from the State Superintendent of
23 Education. Attendance at kindergartens which provide for
24 a full day of attendance by each pupil shall be counted
25 the same as attendance by first grade pupils. Only the
26 first year of attendance in one kindergarten shall be
27 counted, except in case of children who entered the
28 kindergarten in their fifth year whose educational
29 development requires a second year of kindergarten as
30 determined under the rules and regulations of the State
31 Board of Education.
32 (G) Equalized Assessed Valuation Data.
33 (1) For purposes of the calculation of Available Local
34 Resources required pursuant to subsection (D), the State
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1 Board of Education shall secure from the Department of
2 Revenue the value as equalized or assessed by the Department
3 of Revenue of all taxable property of every school district
4 together with the applicable tax rate used in extending taxes
5 for the funds of the district as of September 30 of the
6 previous year.
7 This equalized assessed valuation, as adjusted further by
8 the requirements of this subsection, shall be utilized in the
9 calculation of Available Local Resources.
10 (2) The equalized assessed valuation in paragraph (1)
11 shall be adjusted, as applicable, in the following manner:
12 (a) For the purposes of calculating State aid under
13 this Section, with respect to any part of a school
14 district within a redevelopment project area in respect
15 to which a municipality has adopted tax increment
16 allocation financing pursuant to the Tax Increment
17 Allocation Redevelopment Act, Sections 11-74.4-1 through
18 11-74.4-11 of the Illinois Municipal Code or the
19 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
20 11-74.6-50 of the Illinois Municipal Code, no part of the
21 current equalized assessed valuation of real property
22 located in any such project area which is attributable to
23 an increase above the total initial equalized assessed
24 valuation of such property shall be used as part of the
25 equalized assessed valuation of the district, until such
26 time as all redevelopment project costs have been paid,
27 as provided in Section 11-74.4-8 of the Tax Increment
28 Allocation Redevelopment Act or in Section 11-74.6-35 of
29 the Industrial Jobs Recovery Law. For the purpose of the
30 equalized assessed valuation of the district, the total
31 initial equalized assessed valuation or the current
32 equalized assessed valuation, whichever is lower, shall
33 be used until such time as all redevelopment project
34 costs have been paid.
35 (b) The real property equalized assessed valuation
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1 for a school district shall be adjusted by subtracting
2 from the real property value as equalized or assessed by
3 the Department of Revenue for the district an amount
4 computed by dividing the amount of any abatement of taxes
5 under Section 18-170 of the Property Tax Code by 3.00%
6 for a district maintaining grades kindergarten through
7 12, by 2.30% for a district maintaining grades
8 kindergarten through 8, or by 1.20% for a district
9 maintaining grades 9 through 12 and adjusted by an amount
10 computed by dividing the amount of any abatement of taxes
11 under subsection (a) of Section 18-165 of the Property
12 Tax Code by the same percentage rates for district type
13 as specified in this subparagraph (b).
14 (H) Supplemental General State Aid.
15 (1) In addition to the general State aid a school
16 district is allotted pursuant to subsection (E), qualifying
17 school districts shall receive a grant, paid in conjunction
18 with a district's payments of general State aid, for
19 supplemental general State aid based upon the concentration
20 level of children from low-income households within the
21 school district. Supplemental State aid grants provided for
22 school districts under this subsection shall be appropriated
23 for distribution to school districts as part of the same line
24 item in which the general State financial aid of school
25 districts is appropriated under this Section. For purposes of
26 this subsection, the term "Low-Income Concentration Level"
27 shall be the low-income eligible pupil count from the most
28 recently available federal census divided by the Average
29 Daily Attendance of the school district. If, however, the
30 percentage decrease from the 2 most recent federal censuses
31 in the low-income eligible pupil count of a high school
32 district with fewer than 400 students exceeds by 75% or more
33 the percentage change in the total low-income eligible pupil
34 count of contiguous elementary school districts, whose
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1 boundaries are coterminous with the high school district, the
2 high school district's low-income eligible pupil count from
3 the earlier federal census shall be the number used as the
4 low-income eligible pupil count for the high school district,
5 for purposes of this subsection (H).
6 (2) Supplemental general State aid pursuant to this
7 subsection shall be provided as follows:
8 (a) For any school district with a Low Income
9 Concentration Level of at least 20% and less than 35%,
10 the grant for any school year shall be $800 multiplied by
11 the low income eligible pupil count.
12 (b) For any school district with a Low Income
13 Concentration Level of at least 35% and less than 50%,
14 the grant for the 1998-1999 school year shall be $1,100
15 multiplied by the low income eligible pupil count.
16 (c) For any school district with a Low Income
17 Concentration Level of at least 50% and less than 60%,
18 the grant for the 1998-99 school year shall be $1,500
19 multiplied by the low income eligible pupil count.
20 (d) For any school district with a Low Income
21 Concentration Level of 60% or more, the grant for the
22 1998-99 school year shall be $1,900 multiplied by the low
23 income eligible pupil count.
24 (e) For the 1999-2000 school year, the per pupil
25 amount specified in subparagraphs (b), (c), and (d),
26 immediately above shall be increased by $100 to $1,243
27 $1,200, $1,600, and $2,000, respectively.
28 (f) For the 2000-2001 school year, the per pupil
29 amounts specified in subparagraphs (b), (c), and (d)
30 immediately above shall be increased to $1,273 $1,230,
31 $1,640, and $2,050, respectively.
32 (3) School districts with an Average Daily Attendance of
33 more than 1,000 and less than 50,000 that qualify for
34 supplemental general State aid pursuant to this subsection
35 shall submit a plan to the State Board of Education prior to
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1 October 30 of each year for the use of the funds resulting
2 from this grant of supplemental general State aid for the
3 improvement of instruction in which priority is given to
4 meeting the education needs of disadvantaged children. Such
5 plan shall be submitted in accordance with rules and
6 regulations promulgated by the State Board of Education.
7 (4) School districts with an Average Daily Attendance of
8 50,000 or more that qualify for supplemental general State
9 aid pursuant to this subsection shall be required to
10 distribute from funds available pursuant to this Section, no
11 less than $261,000,000 in accordance with the following
12 requirements:
13 (a) The required amounts shall be distributed to
14 the attendance centers within the district in proportion
15 to the number of pupils enrolled at each attendance
16 center who are eligible to receive free or reduced-price
17 lunches or breakfasts under the federal Child Nutrition
18 Act of 1966 and under the National School Lunch Act
19 during the immediately preceding school year.
20 (b) The distribution of these portions of
21 supplemental and general State aid among attendance
22 centers according to these requirements shall not be
23 compensated for or contravened by adjustments of the
24 total of other funds appropriated to any attendance
25 centers, and the Board of Education shall utilize funding
26 from one or several sources in order to fully implement
27 this provision annually prior to the opening of school.
28 (c) Each attendance center shall be provided by the
29 school district a distribution of noncategorical funds
30 and other categorical funds to which an attendance center
31 is entitled under law in order that the general State aid
32 and supplemental general State aid provided by
33 application of this subsection supplements rather than
34 supplants the noncategorical funds and other categorical
35 funds provided by the school district to the attendance
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1 centers.
2 (d) Any funds made available under this subsection
3 that by reason of the provisions of this subsection are
4 not required to be allocated and provided to attendance
5 centers may be used and appropriated by the board of the
6 district for any lawful school purpose.
7 (e) Funds received by an attendance center pursuant
8 to this subsection shall be used by the attendance center
9 at the discretion of the principal and local school
10 council for programs to improve educational opportunities
11 at qualifying schools through the following programs and
12 services: early childhood education, reduced class size
13 or improved adult to student classroom ratio, enrichment
14 programs, remedial assistance, attendance improvement,
15 and other educationally beneficial expenditures which
16 supplement the regular and basic programs as determined
17 by the State Board of Education. Funds provided shall
18 not be expended for any political or lobbying purposes as
19 defined by board rule.
20 (f) Each district subject to the provisions of this
21 subdivision (H)(4) shall submit an acceptable plan to
22 meet the educational needs of disadvantaged children, in
23 compliance with the requirements of this paragraph, to
24 the State Board of Education prior to July 15 of each
25 year. This plan shall be consistent with the decisions of
26 local school councils concerning the school expenditure
27 plans developed in accordance with part 4 of Section
28 34-2.3. The State Board shall approve or reject the plan
29 within 60 days after its submission. If the plan is
30 rejected, the district shall give written notice of
31 intent to modify the plan within 15 days of the
32 notification of rejection and then submit a modified plan
33 within 30 days after the date of the written notice of
34 intent to modify. Districts may amend approved plans
35 pursuant to rules promulgated by the State Board of
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1 Education.
2 Upon notification by the State Board of Education
3 that the district has not submitted a plan prior to July
4 15 or a modified plan within the time period specified
5 herein, the State aid funds affected by that plan or
6 modified plan shall be withheld by the State Board of
7 Education until a plan or modified plan is submitted.
8 If the district fails to distribute State aid to
9 attendance centers in accordance with an approved plan,
10 the plan for the following year shall allocate funds, in
11 addition to the funds otherwise required by this
12 subsection, to those attendance centers which were
13 underfunded during the previous year in amounts equal to
14 such underfunding.
15 For purposes of determining compliance with this
16 subsection in relation to the requirements of attendance
17 center funding, each district subject to the provisions
18 of this subsection shall submit as a separate document by
19 December 1 of each year a report of expenditure data for
20 the prior year in addition to any modification of its
21 current plan. If it is determined that there has been a
22 failure to comply with the expenditure provisions of this
23 subsection regarding contravention or supplanting, the
24 State Superintendent of Education shall, within 60 days
25 of receipt of the report, notify the district and any
26 affected local school council. The district shall within
27 45 days of receipt of that notification inform the State
28 Superintendent of Education of the remedial or corrective
29 action to be taken, whether by amendment of the current
30 plan, if feasible, or by adjustment in the plan for the
31 following year. Failure to provide the expenditure
32 report or the notification of remedial or corrective
33 action in a timely manner shall result in a withholding
34 of the affected funds.
35 The State Board of Education shall promulgate rules
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1 and regulations to implement the provisions of this
2 subsection. No funds shall be released under this
3 subdivision (H)(4) to any district that has not submitted
4 a plan that has been approved by the State Board of
5 Education.
6 (I) General State Aid for Newly Configured School Districts.
7 (1) For a new school district formed by combining
8 property included totally within 2 or more previously
9 existing school districts, for its first year of existence
10 the general State aid and supplemental general State aid
11 calculated under this Section shall be computed for the new
12 district and for the previously existing districts for which
13 property is totally included within the new district. If the
14 computation on the basis of the previously existing districts
15 is greater, a supplementary payment equal to the difference
16 shall be made for the first 4 years of existence of the new
17 district.
18 (2) For a school district which annexes all of the
19 territory of one or more entire other school districts, for
20 the first year during which the change of boundaries
21 attributable to such annexation becomes effective for all
22 purposes as determined under Section 7-9 or 7A-8, the general
23 State aid and supplemental general State aid calculated under
24 this Section shall be computed for the annexing district as
25 constituted after the annexation and for the annexing and
26 each annexed district as constituted prior to the annexation;
27 and if the computation on the basis of the annexing and
28 annexed districts as constituted prior to the annexation is
29 greater, a supplementary payment equal to the difference
30 shall be made for the first 4 years of existence of the
31 annexing school district as constituted upon such annexation.
32 (3) For 2 or more school districts which annex all of
33 the territory of one or more entire other school districts,
34 and for 2 or more community unit districts which result upon
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1 the division (pursuant to petition under Section 11A-2) of
2 one or more other unit school districts into 2 or more parts
3 and which together include all of the parts into which such
4 other unit school district or districts are so divided, for
5 the first year during which the change of boundaries
6 attributable to such annexation or division becomes effective
7 for all purposes as determined under Section 7-9 or 11A-10,
8 as the case may be, the general State aid and supplemental
9 general State aid calculated under this Section shall be
10 computed for each annexing or resulting district as
11 constituted after the annexation or division and for each
12 annexing and annexed district, or for each resulting and
13 divided district, as constituted prior to the annexation or
14 division; and if the aggregate of the general State aid and
15 supplemental general State aid as so computed for the
16 annexing or resulting districts as constituted after the
17 annexation or division is less than the aggregate of the
18 general State aid and supplemental general State aid as so
19 computed for the annexing and annexed districts, or for the
20 resulting and divided districts, as constituted prior to the
21 annexation or division, then a supplementary payment equal to
22 the difference shall be made and allocated between or among
23 the annexing or resulting districts, as constituted upon such
24 annexation or division, for the first 4 years of their
25 existence. The total difference payment shall be allocated
26 between or among the annexing or resulting districts in the
27 same ratio as the pupil enrollment from that portion of the
28 annexed or divided district or districts which is annexed to
29 or included in each such annexing or resulting district bears
30 to the total pupil enrollment from the entire annexed or
31 divided district or districts, as such pupil enrollment is
32 determined for the school year last ending prior to the date
33 when the change of boundaries attributable to the annexation
34 or division becomes effective for all purposes. The amount
35 of the total difference payment and the amount thereof to be
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1 allocated to the annexing or resulting districts shall be
2 computed by the State Board of Education on the basis of
3 pupil enrollment and other data which shall be certified to
4 the State Board of Education, on forms which it shall provide
5 for that purpose, by the regional superintendent of schools
6 for each educational service region in which the annexing and
7 annexed districts, or resulting and divided districts are
8 located.
9 (3.5) Claims for financial assistance under this
10 subsection (I) shall not be recomputed except as expressly
11 provided under this Section.
12 (4) Any supplementary payment made under this subsection
13 (I) shall be treated as separate from all other payments made
14 pursuant to this Section.
15 (J) Supplementary Grants in Aid.
16 (1) Notwithstanding any other provisions of this
17 Section, the amount of the aggregate general State aid in
18 combination with supplemental general State aid under this
19 Section for which each school district is eligible shall be
20 no less than the amount of the aggregate general State aid
21 entitlement that was received by the district under Section
22 18-8 (exclusive of amounts received under subsections 5(p)
23 and 5(p-5) of that Section) for the 1997-98 school year,
24 pursuant to the provisions of that Section as it was then in
25 effect. If a school district qualifies to receive a
26 supplementary payment made under this subsection (J), the
27 amount of the aggregate general State aid in combination with
28 supplemental general State aid under this Section which that
29 district is eligible to receive for each school year shall be
30 no less than the amount of the aggregate general State aid
31 entitlement that was received by the district under Section
32 18-8 (exclusive of amounts received under subsections 5(p)
33 and 5(p-5) of that Section) for the 1997-1998 school year,
34 pursuant to the provisions of that Section as it was then in
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1 effect.
2 (2) If, as provided in paragraph (1) of this subsection
3 (J), a school district is to receive aggregate general State
4 aid in combination with supplemental general State aid under
5 this Section for the 1998-99 school year and any subsequent
6 school year that in any such school year is less than the
7 amount of the aggregate general State aid entitlement that
8 the district received for the 1997-98 school year, the school
9 district shall also receive, from a separate appropriation
10 made for purposes of this subsection (J), a supplementary
11 payment that is equal to the amount of the difference in the
12 aggregate State aid figures as described in paragraph (1).
13 (3) (Blank).
14 (K) Grants to Laboratory and Alternative Schools.
15 In calculating the amount to be paid to the governing
16 board of a public university that operates a laboratory
17 school under this Section or to any alternative school that
18 is operated by a regional superintendent of schools, the
19 State Board of Education shall require by rule such reporting
20 requirements as it deems necessary.
21 As used in this Section, "laboratory school" means a
22 public school which is created and operated by a public
23 university and approved by the State Board of Education. The
24 governing board of a public university which receives funds
25 from the State Board under this subsection (K) may not
26 increase the number of students enrolled in its laboratory
27 school from a single district, if that district is already
28 sending 50 or more students, except under a mutual agreement
29 between the school board of a student's district of residence
30 and the university which operates the laboratory school. A
31 laboratory school may not have more than 1,000 students,
32 excluding students with disabilities in a special education
33 program.
34 As used in this Section, "alternative school" means a
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1 public school which is created and operated by a Regional
2 Superintendent of Schools and approved by the State Board of
3 Education. Such alternative schools may offer courses of
4 instruction for which credit is given in regular school
5 programs, courses to prepare students for the high school
6 equivalency testing program or vocational and occupational
7 training. A regional superintendent of schools may contract
8 with a school district or a public community college district
9 to operate an alternative school. An alternative school
10 serving more than one educational service region may be
11 established by the regional superintendents of schools of
12 those the affected educational service regions. An
13 alternative school serving more than one educational service
14 region may be operated under such terms as the regional
15 superintendents of schools of those educational service
16 regions may agree.
17 Each laboratory and alternative school shall file, on
18 forms provided by the State Superintendent of Education, an
19 annual State aid claim which states the Average Daily
20 Attendance of the school's students by month. The best 3
21 months' Average Daily Attendance shall be computed for each
22 school. The general State aid entitlement shall be computed
23 by multiplying the applicable Average Daily Attendance by the
24 Foundation Level as determined under this Section.
25 (L) Payments, Additional Grants in Aid and Other
26 Requirements.
27 (1) For a school district operating under the financial
28 supervision of an Authority created under Article 34A, the
29 general State aid otherwise payable to that district under
30 this Section, but not the supplemental general State aid,
31 shall be reduced by an amount equal to the budget for the
32 operations of the Authority as certified by the Authority to
33 the State Board of Education, and an amount equal to such
34 reduction shall be paid to the Authority created for such
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1 district for its operating expenses in the manner provided in
2 Section 18-11. The remainder of general State school aid for
3 any such district shall be paid in accordance with Article
4 34A when that Article provides for a disposition other than
5 that provided by this Article.
6 (2) Impaction. Impaction payments shall be made as
7 provided for in Section 18-4.2.
8 (3) Summer school. Summer school payments shall be made
9 as provided in Section 18-4.3.
10 (M) Education Funding Advisory Board.
11 The Education Funding Advisory Board, hereinafter in this
12 subsection (M) referred to as the "Board", is hereby created.
13 The Board shall consist of 5 members who are appointed by the
14 Governor, by and with the advice and consent of the Senate.
15 The members appointed shall include representatives of
16 education, business, and the general public. One of the
17 members so appointed shall be designated by the Governor at
18 the time the appointment is made as the chairperson of the
19 Board. The initial members of the Board may be appointed any
20 time after the effective date of this amendatory Act of 1997.
21 The regular term of each member of the Board shall be for 4
22 years from the third Monday of January of the year in which
23 the term of the member's appointment is to commence, except
24 that of the 5 initial members appointed to serve on the
25 Board, the member who is appointed as the chairperson shall
26 serve for a term that commences on the date of his or her
27 appointment and expires on the third Monday of January, 2002,
28 and the remaining 4 members, by lots drawn at the first
29 meeting of the Board that is held after all 5 members are
30 appointed, shall determine 2 of their number to serve for
31 terms that commence on the date of their respective
32 appointments and expire on the third Monday of January, 2001,
33 and 2 of their number to serve for terms that commence on the
34 date of their respective appointments and expire on the third
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1 Monday of January, 2000. All members appointed to serve on
2 the Board shall serve until their respective successors are
3 appointed and confirmed. Vacancies shall be filled in the
4 same manner as original appointments. If a vacancy in
5 membership occurs at a time when the Senate is not in
6 session, the Governor shall make a temporary appointment
7 until the next meeting of the Senate, when he or she shall
8 appoint, by and with the advice and consent of the Senate, a
9 person to fill that membership for the unexpired term. If
10 the Senate is not in session when the initial appointments
11 are made, those appointments shall be made as in the case of
12 vacancies.
13 The Education Funding Advisory Board shall be deemed
14 established, and the initial members appointed by the
15 Governor to serve as members of the Board shall take office,
16 on the date that the Governor makes his or her appointment of
17 the fifth initial member of the Board, whether those initial
18 members are then serving pursuant to appointment and
19 confirmation or pursuant to temporary appointments that are
20 made by the Governor as in the case of vacancies.
21 The State Board of Education shall provide such staff
22 assistance to the Education Funding Advisory Board as is
23 reasonably required for the proper performance by the Board
24 of its responsibilities.
25 For school years after the 2000-2001 school year, the
26 Education Funding Advisory Board, in consultation with the
27 State Board of Education, shall make recommendations as
28 provided in this subsection (M) to the General Assembly for
29 the foundation level under subdivision (B)(3) of this Section
30 and for the supplemental general State aid grant level under
31 subsection (H) of this Section for districts with high
32 concentrations of children from poverty. The recommended
33 foundation level shall be determined based on a methodology
34 which incorporates the basic education expenditures of
35 low-spending schools exhibiting high academic performance.
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1 The Education Funding Advisory Board shall make such
2 recommendations to the General Assembly on January 1 of odd
3 numbered years, beginning January 1, 2001.
4 (N) General State Aid Adjustment Grant.
5 (1) Any school district subject to property tax
6 extension limitations as imposed under the provisions of the
7 Property Tax Extension Limitation Law shall be entitled to
8 receive, subject to the qualifications and requirements of
9 this subsection, a general State aid adjustment grant.
10 Eligibility for this grant shall be determined on an annual
11 basis and claims for grant payments shall be paid subject to
12 appropriations made specific to this subsection. For
13 purposes of this subsection the following terms shall have
14 the following meanings:
15 "Budget Year": The school year for which general State
16 aid is calculated and awarded under subsection (E).
17 "Current Year": The school year immediately preceding
18 the Budget Year.
19 "Base Tax Year": The property tax levy year used to
20 calculate the Budget Year allocation of general State aid.
21 "Preceding Tax Year": The property tax levy year
22 immediately preceding the Base Tax Year.
23 "Extension Limitation Ratio": A numerical ratio,
24 certified by a school district's County Clerk, in which the
25 numerator is the Base Tax Year's tax extension amount
26 resulting from the Limiting Rate and the denominator is the
27 Preceding Tax Year's tax extension amount resulting from the
28 Limiting Rate.
29 "Limiting Rate": The limiting rate as defined in the
30 Property Tax Extension Limitation Law.
31 "Preliminary Tax Rate": The tax rate for all purposes
32 except bond and interest that would have been used to extend
33 those taxes absent the provisions of the Property Tax
34 Extension Limitation Law.
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1 (2) To qualify for a general State aid adjustment grant,
2 a school district must meet all of the following eligibility
3 criteria for each Budget Year for which a grant is claimed:
4 (a) (Blank).
5 (b) The Preliminary Tax Rate of the school district
6 for the Base Tax Year was reduced by the Clerk of the
7 County as a result of the requirements of the Property
8 Tax Extension Limitation Law.
9 (c) The Available Local Resources per pupil of the
10 school district as calculated pursuant to subsection (D)
11 using the Base Tax Year are less than the product of 1.75
12 times the Foundation Level for the Budget Year.
13 (d) The school district has filed a proper and
14 timely claim for a general State aid adjustment grant as
15 required under this subsection.
16 (3) A claim for grant assistance under this subsection
17 shall be filed with the State Board of Education on or before
18 April 1 of the Current Year for a grant for the Budget Year.
19 The claim shall be made on forms prescribed by the State
20 Board of Education and must be accompanied by a written
21 statement from the Clerk of the County, certifying:
22 (a) That the school district had its Preliminary
23 Tax Rate for the Base Tax Year reduced as a result of the
24 Property Tax Extension Limitation Law.
25 (b) (Blank).
26 (c) The Extension Limitation Ratio as that term is
27 defined in this subsection.
28 (4) On or before August 1 of the Budget Year the State
29 Board of Education shall calculate, for all school districts
30 meeting the other requirements of this subsection, the amount
31 of the general State aid adjustment grant, if any, that the
32 school districts are eligible to receive in the Budget Year.
33 The amount of the general State aid adjustment grant shall be
34 calculated as follows:
35 (a) Determine the school district's general State
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1 aid grant for the Budget Year as provided in accordance
2 with the provisions of subsection (E).
3 (b) Determine the school district's adjusted level
4 of general State aid by utilizing in the calculation of
5 Available Local Resources the equalized assessed
6 valuation that was used to calculate the general State
7 aid for the preceding fiscal year multiplied by the
8 Extension Limitation Ratio.
9 (c) Subtract the sum derived in subparagraph (a)
10 from the sum derived in subparagraph (b). If the result
11 is a positive number, that amount shall be the general
12 State aid adjustment grant that the district is eligible
13 to receive.
14 (5) The State Board of Education shall in the Current
15 Year, based upon claims filed in the Current Year, recommend
16 to the General Assembly an appropriation amount for the
17 general State aid adjustment grants to be made in the Budget
18 Year.
19 (6) Claims for general State aid adjustment grants shall
20 be paid in a lump sum on or before January 1 of the Budget
21 Year only from appropriations made by the General Assembly
22 expressly for claims under this subsection. No such claims
23 may be paid from amounts appropriated for any other purpose
24 provided for under this Section. In the event that the
25 appropriation for claims under this subsection is
26 insufficient to meet all Budget Year claims for a general
27 State aid adjustment grant, the appropriation available shall
28 be proportionately prorated by the State Board of Education
29 amongst all districts filing for and entitled to payments.
30 (7) The State Board of Education shall promulgate the
31 required claim forms and rules necessary to implement the
32 provisions of this subsection.
33 (O) References.
34 (1) References in other laws to the various subdivisions
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1 of Section 18-8 as that Section existed before its repeal and
2 replacement by this Section 18-8.05 shall be deemed to refer
3 to the corresponding provisions of this Section 18-8.05, to
4 the extent that those references remain applicable.
5 (2) References in other laws to State Chapter 1 funds
6 shall be deemed to refer to the supplemental general State
7 aid provided under subsection (H) of this Section.
8 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
9 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
10 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; revised
11 2-17-99.)
12 Section 20. The Children's Health Insurance Program Act
13 is amended by changing Section 35 as follows:
14 (215 ILCS 106/35)
15 (Section scheduled to be repealed on June 30, 2001)
16 Sec. 35. Funding.
17 (a) This Program is not an entitlement and shall not be
18 construed to create an entitlement. Eligibility for the
19 Program is subject to appropriation of funds by the State and
20 federal governments. Subdivision (a)(2) of Section 25 shall
21 operate and be funded only if subdivision (a)(1) of Section
22 25 is operational and funded. The estimated net State share
23 of appropriated funds for subdivision (a)(2) of Section 25
24 shall be equal to the estimated net State share of
25 appropriated funds for subdivision (a)(1) of Section 25.
26 (b) Any requirement imposed under this Act and any
27 implementation of this Act by the Department shall cease in
28 the event (1) continued receipt of federal funds for
29 implementation of this Act requires an amendment to this Act,
30 or (2) federal funds for implementation of the Act are not
31 otherwise available.
32 (c) Payments under this Act shall be appropriated from
33 the General Revenue Fund and other funds that are authorized
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1 to be used to reimburse or make medical payments for health
2 care benefits under this Act or Title XXI of the Social
3 Security Act.
4 (d) Benefits under this Act shall be available only as
5 long as the intergovernmental agreements made pursuant to
6 Section 12-4.7 and Article XV of the Illinois Public Aid Code
7 and entered into between the Department and the Cook County
8 Board of Commissioners continue to exist.
9 (Source: P.A. 90-736, eff. 8-12-98.)
10 Section 25. The Illinois Public Aid Code is amended by
11 changing Sections 5-5.4, 10-3.1, 10-8, 10-10, 10-16, 10-19,
12 12-4.11, 12-4.34, 12-9, 12-10, 12-11, 15-2, 15-3, and 15-4
13 and adding Section 12-9.1 as follows:
14 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
15 Sec. 5-5.4. Standards of Payment - Department of Public
16 Aid. The Department of Public Aid shall develop standards of
17 payment of skilled nursing and intermediate care services in
18 facilities providing such services under this Article which:
19 (1) Provides for the determination of a facility's
20 payment for skilled nursing and intermediate care services on
21 a prospective basis. The amount of the payment rate for all
22 nursing facilities certified under the medical assistance
23 program shall be prospectively established annually on the
24 basis of historical, financial, and statistical data
25 reflecting actual costs from prior years, which shall be
26 applied to the current rate year and updated for inflation,
27 except that the capital cost element for newly constructed
28 facilities shall be based upon projected budgets. The
29 annually established payment rate shall take effect on July 1
30 in 1984 and subsequent years. Rate increases shall be
31 provided annually thereafter on July 1 in 1984 and on each
32 subsequent July 1 in the following years, except that no rate
33 increase and no update for inflation shall be provided on or
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1 after July 1, 1994 and before July 1, 2000 1999, unless
2 specifically provided for in this Section.
3 For facilities licensed by the Department of Public
4 Health under the Nursing Home Care Act as Intermediate Care
5 for the Developmentally Disabled facilities or Long Term Care
6 for Under Age 22 facilities, the rates taking effect on July
7 1, 1998 shall include an increase of 3%. For facilities
8 licensed by the Department of Public Health under the Nursing
9 Home Care Act as Skilled Nursing facilities or Intermediate
10 Care facilities, the rates taking effect on July 1, 1998
11 shall include an increase of 3% plus $1.10 per resident-day,
12 as defined by the Department.
13 For facilities licensed by the Department of Public
14 Health under the Nursing Home Care Act as Intermediate Care
15 for the Developmentally Disabled facilities or Long Term Care
16 for Under Age 22 facilities, the rates taking effect on July
17 1, 1999 shall include an increase of 1.6% plus $3.00 per
18 resident-day, as defined by the Department. For facilities
19 licensed by the Department of Public Health under the Nursing
20 Home Care Act as Skilled Nursing facilities or Intermediate
21 Care facilities, the rates taking effect on July 1, 1999
22 shall include an increase of 1.6% and, for services provided
23 on or after October 1, 1999, shall be increased by $4.00 per
24 resident-day, as defined by the Department.
25 Rates established effective each July 1 shall govern
26 payment for services rendered throughout that fiscal year,
27 except that rates established on July 1, 1996 shall be
28 increased by 6.8% for services provided on or after January
29 1, 1997. Such rates will be based upon the rates calculated
30 for the year beginning July 1, 1990, and for subsequent years
31 thereafter shall be based on the facility cost reports for
32 the facility fiscal year ending at any point in time during
33 the previous calendar year, updated to the midpoint of the
34 rate year. The cost report shall be on file with the
35 Department no later than April 1 of the current rate year.
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1 Should the cost report not be on file by April 1, the
2 Department shall base the rate on the latest cost report
3 filed by each skilled care facility and intermediate care
4 facility, updated to the midpoint of the current rate year.
5 In determining rates for services rendered on and after July
6 1, 1985, fixed time shall not be computed at less than zero.
7 The Department shall not make any alterations of regulations
8 which would reduce any component of the Medicaid rate to a
9 level below what that component would have been utilizing in
10 the rate effective on July 1, 1984.
11 (2) Shall take into account the actual costs incurred by
12 facilities in providing services for recipients of skilled
13 nursing and intermediate care services under the medical
14 assistance program.
15 (3) Shall take into account the medical and
16 psycho-social characteristics and needs of the patients.
17 (4) Shall take into account the actual costs incurred by
18 facilities in meeting licensing and certification standards
19 imposed and prescribed by the State of Illinois, any of its
20 political subdivisions or municipalities and by the United
21 States Department of Health, Education and Welfare pursuant
22 to Title XIX of the Social Security Act.
23 The Department of Public Aid shall develop precise
24 standards for payments to reimburse nursing facilities for
25 any utilization of appropriate rehabilitative personnel for
26 the provision of rehabilitative services which is authorized
27 by federal regulations, including reimbursement for services
28 provided by qualified therapists or qualified assistants, and
29 which is in accordance with accepted professional practices.
30 Reimbursement also may be made for utilization of other
31 supportive personnel under appropriate supervision.
32 (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96; 90-9,
33 eff. 7-1-97; 90-588, eff. 7-1-98.)
34 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
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1 Sec. 10-3.1. Child and Spouse Support Unit. The
2 Illinois Department shall establish within its administrative
3 staff a Child and Spouse Support Unit to search for and
4 locate absent parents and spouses liable for the support of
5 persons resident in this State and to exercise the support
6 enforcement powers and responsibilities assigned the
7 Department by this Article. The unit shall cooperate with
8 all law enforcement officials in this State and with the
9 authorities of other States in locating persons responsible
10 for the support of persons resident in other States and shall
11 invite the cooperation of these authorities in the
12 performance of its duties.
13 In addition to other duties assigned the Child and Spouse
14 Support Unit by this Article, the Unit may refer to the
15 Attorney General or units of local government with the
16 approval of the Attorney General, any actions under Sections
17 10-10 and 10-15 for judicial enforcement of the support
18 liability. The Child and Spouse Support Unit shall act for
19 the Department in referring to the Attorney General support
20 matters requiring judicial enforcement under other laws. If
21 requested by the Attorney General to so act, as provided in
22 Section 12-16, attorneys of the Unit may assist the Attorney
23 General or themselves institute actions in behalf of the
24 Illinois Department under the Revised Uniform Reciprocal
25 Enforcement of Support Act; under the Illinois Parentage Act
26 of 1984; under the Non-Support of Spouse and Children Act; or
27 under any other law, State or Federal, providing for support
28 of a spouse or dependent child.
29 The Illinois Department shall also have the authority to
30 enter into agreements with local governmental units or
31 individuals, with the approval of the Attorney General, for
32 the collection of moneys owing because of the failure of a
33 parent to make child support payments for any child receiving
34 services under this Article. Such agreements may be on a
35 contingent fee basis, but such contingent fee shall not
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1 exceed 25% of the total amount collected.
2 An attorney who provides representation pursuant to this
3 Section shall represent the Illinois Department exclusively.
4 Regardless of the designation of the plaintiff in an action
5 brought pursuant to this Section, an attorney-client
6 relationship does not exist for purposes of that action
7 between that attorney and (i) an applicant for or recipient
8 of child and spouse support services or (ii) any other party
9 to the action other than the Illinois Department. Nothing in
10 this Section shall be construed to modify any power or duty
11 (including a duty to maintain confidentiality) of the Child
12 and Spouse Support Unit or the Illinois Department otherwise
13 provided by law.
14 The Illinois Department may also enter into agreements
15 with local governmental units for the Child and Spouse
16 Support Unit to exercise the investigative and enforcement
17 powers designated in this Article, including the issuance of
18 administrative orders under Section 10-11, in locating
19 responsible relatives and obtaining support for persons
20 applying for or receiving aid under Article VI. Payments for
21 defrayment of administrative costs and support payments
22 obtained shall be deposited into the DHS Public Assistance
23 Recoveries Trust Fund. Support payments shall be paid over
24 to the General Assistance Fund of the local governmental unit
25 at such time or times as the agreement may specify.
26 With respect to those cases in which it has support
27 enforcement powers and responsibilities under this Article,
28 the Illinois Department may provide by rule for periodic or
29 other review of each administrative and court order for
30 support to determine whether a modification of the order
31 should be sought. The Illinois Department shall provide for
32 and conduct such review in accordance with any applicable
33 federal law and regulation.
34 As part of its process for review of orders for support,
35 the Illinois Department, through written notice, may require
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1 the responsible relative to disclose his or her Social
2 Security Number and past and present information concerning
3 the relative's address, employment, gross wages, deductions
4 from gross wages, net wages, bonuses, commissions, number of
5 dependent exemptions claimed, individual and dependent health
6 insurance coverage, and any other information necessary to
7 determine the relative's ability to provide support in a case
8 receiving child and spouse support services under this
9 Article X.
10 The Illinois Department may send a written request for
11 the same information to the relative's employer. The
12 employer shall respond to the request for information within
13 15 days after the date the employer receives the request. If
14 the employer willfully fails to fully respond within the
15 15-day period, the employer shall pay a penalty of $100 for
16 each day that the response is not provided to the Illinois
17 Department after the 15-day period has expired. The penalty
18 may be collected in a civil action which may be brought
19 against the employer in favor of the Illinois Department.
20 A written request for information sent to an employer
21 pursuant to this Section shall consist of (i) a citation of
22 this Section as the statutory authority for the request and
23 for the employer's obligation to provide the requested
24 information, (ii) a returnable form setting forth the
25 employer's name and address and listing the name of the
26 employee with respect to whom information is requested, and
27 (iii) a citation of this Section as the statutory authority
28 authorizing the employer to withhold a fee of up to $20 from
29 the wages or income to be paid to each responsible relative
30 for providing the information to the Illinois Department
31 within the 15-day period. If the employer is withholding
32 support payments from the responsible relative's income
33 pursuant to an order for withholding, the employer may
34 withhold the fee provided for in this Section only after
35 withholding support as required under the order. Any amounts
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1 withheld from the responsible relative's income for payment
2 of support and the fee provided for in this Section shall not
3 be in excess of the amounts permitted under the federal
4 Consumer Credit Protection Act.
5 In a case receiving child and spouse support services,
6 the Illinois Department may request and obtain information
7 from a particular employer under this Section no more than
8 once in any 12-month period, unless the information is
9 necessary to conduct a review of a court or administrative
10 order for support at the request of the person receiving
11 child and spouse support services.
12 The Illinois Department shall establish and maintain an
13 administrative unit to receive and transmit to the Child and
14 Spouse Support Unit information supplied by persons applying
15 for or receiving child and spouse support services under
16 Section 10-1. In addition, the Illinois Department shall
17 address and respond to any alleged deficiencies that persons
18 receiving or applying for services from the Child and Spouse
19 Support Unit may identify concerning the Child and Spouse
20 Support Unit's provision of child and spouse support
21 services. Within 60 days after an action or failure to act by
22 the Child and Spouse Support Unit that affects his or her
23 case, a recipient of or applicant for child and spouse
24 support services under Article X of this Code may request an
25 explanation of the Unit's handling of the case. At the
26 requestor's option, the explanation may be provided either
27 orally in an interview, in writing, or both. If the Illinois
28 Department fails to respond to the request for an explanation
29 or fails to respond in a manner satisfactory to the applicant
30 or recipient within 30 days from the date of the request for
31 an explanation, the applicant or recipient may request a
32 conference for further review of the matter by the Office of
33 the Administrator of the Child and Spouse Support Unit. A
34 request for a conference may be submitted at any time within
35 60 days after the explanation has been provided by the Child
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1 and Spouse Support Unit or within 60 days after the time for
2 providing the explanation has expired.
3 The applicant or recipient may request a conference
4 concerning any decision denying or terminating child or
5 spouse support services under Article X of this Code, and the
6 applicant or recipient may also request a conference
7 concerning the Unit's failure to provide services or the
8 provision of services in an amount or manner that is
9 considered inadequate. For purposes of this Section, the
10 Child and Spouse Support Unit includes all local governmental
11 units or individuals with whom the Illinois Department has
12 contracted under Section 10-3.1.
13 Upon receipt of a timely request for a conference, the
14 Office of the Administrator shall review the case. The
15 applicant or recipient requesting the conference shall be
16 entitled, at his or her option, to appear in person or to
17 participate in the conference by telephone. The applicant or
18 recipient requesting the conference shall be entitled to be
19 represented and to be afforded a reasonable opportunity to
20 review the Illinois Department's file before or at the
21 conference. At the conference, the applicant or recipient
22 requesting the conference shall be afforded an opportunity to
23 present all relevant matters in support of his or her claim.
24 Conferences shall be without cost to the applicant or
25 recipient requesting the conference and shall be conducted by
26 a representative of the Child or Spouse Support Unit who did
27 not participate in the action or inaction being reviewed.
28 The Office of the Administrator shall conduct a
29 conference and inform all interested parties, in writing, of
30 the results of the conference within 60 days from the date of
31 filing of the request for a conference.
32 In addition to its other powers and responsibilities
33 established by this Article, the Child and Spouse Support
34 Unit shall conduct an annual assessment of each institution's
35 program for institution based paternity establishment under
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1 Section 12 of the Vital Records Act.
2 (Source: P.A. 90-18, eff. 7-1-97.)
3 (305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
4 Sec. 10-8. Support Payments - Partial Support - Full
5 Support.) The notice to responsible relatives issued
6 pursuant to Section 10-7 shall direct payment (a) to the
7 Illinois Department in cases of applicants and recipients
8 under Articles III, IV, V and VII, (b) except as provided in
9 Section 10-3.1, to the local governmental unit in the case of
10 applicants and recipients under Article VI, and (c) to the
11 Illinois Department in cases of non-applicants and
12 non-recipients given access to the child and spouse support
13 services of this Article, as provided by Section 10-1.
14 However, if the support payments by responsible relatives are
15 sufficient to meet needs of a recipient in full, including
16 current and anticipated medical needs, and the Illinois
17 Department or the local governmental unit, as the case may
18 be, has reasonable grounds to believe that such needs will
19 continue to be provided in full by the responsible relatives,
20 the relatives may be directed to make subsequent support
21 payments to the needy person or to some person or agency in
22 his behalf and the recipient shall be removed from the rolls.
23 In such instance the recipient also shall be notified by
24 registered or certified mail of the action taken. If a
25 recipient removed from the rolls requests the Illinois
26 Department to continue to collect the support payments in his
27 behalf, the Department, at its option, may do so and pay
28 amounts so collected to the person. The Department may
29 provide for deducting any costs incurred by it in making the
30 collection from the amount of any recovery made and pay only
31 the net amount to the person.
32 Payments under this Section to the Illinois Department
33 pursuant to the Child Support Enforcement Program established
34 by Title IV-D of the Social Security Act shall be paid into
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1 the Child Support Enforcement Trust Fund. All other payments
2 under this Section to the Illinois Department of Human
3 Services shall be deposited in the DHS Public Assistance
4 Recoveries Trust Fund. Disbursements from these funds shall
5 be as provided in Sections 12-9.1 12-9 and 12-10.2 of this
6 Code. Payments received by a local governmental unit shall
7 be deposited in that unit's General Assistance Fund.
8 (Source: P.A. 83-1126.)
9 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
10 Sec. 10-10. Court enforcement; applicability also to
11 persons who are not applicants or recipients. Except where
12 the Illinois Department, by agreement, acts for the local
13 governmental unit, as provided in Section 10-3.1, local
14 governmental units shall refer to the State's Attorney or to
15 the proper legal representative of the governmental unit, for
16 judicial enforcement as herein provided, instances of
17 non-support or insufficient support when the dependents are
18 applicants or recipients under Article VI. The Child and
19 Spouse Support Unit established by Section 10-3.1 may
20 institute in behalf of the Illinois Department any actions
21 under this Section for judicial enforcement of the support
22 liability when the dependents are (a) applicants or
23 recipients under Articles III, IV, V or VII (b) applicants or
24 recipients in a local governmental unit when the Illinois
25 Department, by agreement, acts for the unit; or (c)
26 non-applicants or non-recipients who are receiving support
27 enforcement services under this Article X, as provided in
28 Section 10-1. Where the Child and Spouse Support Unit has
29 exercised its option and discretion not to apply the
30 provisions of Sections 10-3 through 10-8, the failure by the
31 Unit to apply such provisions shall not be a bar to bringing
32 an action under this Section.
33 Action shall be brought in the circuit court to obtain
34 support, or for the recovery of aid granted during the period
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1 such support was not provided, or both for the obtainment of
2 support and the recovery of the aid provided. Actions for
3 the recovery of aid may be taken separately or they may be
4 consolidated with actions to obtain support. Such actions
5 may be brought in the name of the person or persons requiring
6 support, or may be brought in the name of the Illinois
7 Department or the local governmental unit, as the case
8 requires, in behalf of such persons.
9 The court may enter such orders for the payment of moneys
10 for the support of the person as may be just and equitable
11 and may direct payment thereof for such period or periods of
12 time as the circumstances require, including support for a
13 period before the date the order for support is entered. The
14 order may be entered against any or all of the defendant
15 responsible relatives and may be based upon the proportionate
16 ability of each to contribute to the person's support.
17 The Court shall determine the amount of child support
18 (including child support for a period before the date the
19 order for child support is entered) by using the guidelines
20 and standards set forth in subsection (a) of Section 505 and
21 in Section 505.2 of the Illinois Marriage and Dissolution of
22 Marriage Act. For purposes of determining the amount of child
23 support to be paid for a period before the date the order for
24 child support is entered, there is a rebuttable presumption
25 that the responsible relative's net income for that period
26 was the same as his or her net income at the time the order
27 is entered.
28 An order entered under this Section shall include a
29 provision requiring the obligor to report to the obligee and
30 to the clerk of court within 10 days each time the obligor
31 obtains new employment, and each time the obligor's
32 employment is terminated for any reason. The report shall be
33 in writing and shall, in the case of new employment, include
34 the name and address of the new employer. Failure to report
35 new employment or the termination of current employment, if
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1 coupled with nonpayment of support for a period in excess of
2 60 days, is indirect criminal contempt. For any obligor
3 arrested for failure to report new employment bond shall be
4 set in the amount of the child support that should have been
5 paid during the period of unreported employment. An order
6 entered under this Section shall also include a provision
7 requiring the obligor and obligee parents to advise each
8 other of a change in residence within 5 days of the change
9 except when the court finds that the physical, mental, or
10 emotional health of a party or that of a minor child, or
11 both, would be seriously endangered by disclosure of the
12 party's address.
13 The Court shall determine the amount of maintenance using
14 the standards set forth in Section 504 of the Illinois
15 Marriage and Dissolution of Marriage Act.
16 Any new or existing support order entered by the court
17 under this Section shall be deemed to be a series of
18 judgments against the person obligated to pay support
19 thereunder, each such judgment to be in the amount of each
20 payment or installment of support and each such judgment to
21 be deemed entered as of the date the corresponding payment or
22 installment becomes due under the terms of the support order.
23 Each such judgment shall have the full force, effect and
24 attributes of any other judgment of this State, including the
25 ability to be enforced. Any such judgment is subject to
26 modification or termination only in accordance with Section
27 510 of the Illinois Marriage and Dissolution of Marriage Act.
28 A lien arises by operation of law against the real and
29 personal property of the noncustodial parent for each
30 installment of overdue support owed by the noncustodial
31 parent.
32 When an order is entered for the support of a minor, the
33 court may provide therein for reasonable visitation of the
34 minor by the person or persons who provided support pursuant
35 to the order. Whoever willfully refuses to comply with such
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1 visitation order or willfully interferes with its enforcement
2 may be declared in contempt of court and punished therefor.
3 Except where the local governmental unit has entered into
4 an agreement with the Illinois Department for the Child and
5 Spouse Support Unit to act for it, as provided in Section
6 10-3.1, support orders entered by the court in cases
7 involving applicants or recipients under Article VI shall
8 provide that payments thereunder be made directly to the
9 local governmental unit. Orders for the support of all other
10 applicants or recipients shall provide that payments
11 thereunder be made directly to the Illinois Department. In
12 accordance with federal law and regulations, the Illinois
13 Department may continue to collect current maintenance
14 payments or child support payments, or both, after those
15 persons cease to receive public assistance and until
16 termination of services under Article X. The Illinois
17 Department shall pay the net amount collected to those
18 persons after deducting any costs incurred in making the
19 collection or any collection fee from the amount of any
20 recovery made. In both cases the order shall permit the
21 local governmental unit or the Illinois Department, as the
22 case may be, to direct the responsible relative or relatives
23 to make support payments directly to the needy person, or to
24 some person or agency in his behalf, upon removal of the
25 person from the public aid rolls or upon termination of
26 services under Article X.
27 If the notice of support due issued pursuant to Section
28 10-7 directs that support payments be made directly to the
29 needy person, or to some person or agency in his behalf, and
30 the recipient is removed from the public aid rolls, court
31 action may be taken against the responsible relative
32 hereunder if he fails to furnish support in accordance with
33 the terms of such notice.
34 Actions may also be brought under this Section in behalf
35 of any person who is in need of support from responsible
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1 relatives, as defined in Section 2-11 of Article II who is
2 not an applicant for or recipient of financial aid under this
3 Code. In such instances, the State's Attorney of the county
4 in which such person resides shall bring action against the
5 responsible relatives hereunder. If the Illinois Department,
6 as authorized by Section 10-1, extends the support services
7 provided by this Article to spouses and dependent children
8 who are not applicants or recipients under this Code, the
9 Child and Spouse Support Unit established by Section 10-3.1
10 shall bring action against the responsible relatives
11 hereunder and any support orders entered by the court in such
12 cases shall provide that payments thereunder be made directly
13 to the Illinois Department.
14 Whenever it is determined in a proceeding to establish or
15 enforce a child support or maintenance obligation that the
16 person owing a duty of support is unemployed, the court may
17 order the person to seek employment and report periodically
18 to the court with a diary, listing or other memorandum of his
19 or her efforts in accordance with such order. Additionally,
20 the court may order the unemployed person to report to the
21 Department of Employment Security for job search services or
22 to make application with the local Jobs Training Partnership
23 Act provider for participation in job search, training or
24 work programs and where the duty of support is owed to a
25 child receiving support services under this Article X, the
26 court may order the unemployed person to report to the
27 Illinois Department for participation in job search, training
28 or work programs established under Section 9-6 and Article
29 IXA of this Code.
30 Whenever it is determined that a person owes past-due
31 support for a child receiving assistance under this Code, the
32 court shall order at the request of the Illinois Department:
33 (1) that the person pay the past-due support in
34 accordance with a plan approved by the court; or
35 (2) if the person owing past-due support is
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1 unemployed, is subject to such a plan, and is not
2 incapacitated, that the person participate in such job
3 search, training, or work programs established under
4 Section 9-6 and Article IXA of this Code as the court
5 deems appropriate.
6 A determination under this Section shall not be
7 administratively reviewable by the procedures specified in
8 Sections 10-12, and 10-13 to 10-13.10. Any determination
9 under these Sections, if made the basis of court action under
10 this Section, shall not affect the de novo judicial
11 determination required under this Section.
12 A one-time charge of 20% is imposable upon the amount of
13 past-due child support owed on July 1, 1988 which has accrued
14 under a support order entered by the court. The charge shall
15 be imposed in accordance with the provisions of Section 10-21
16 of this Code and shall be enforced by the court upon
17 petition.
18 All orders for support, when entered or modified, shall
19 include a provision requiring the non-custodial parent to
20 notify the court and, in cases in which a party is receiving
21 child and spouse support services under this Article X, the
22 Illinois Department, within 7 days, (i) of the name, address,
23 and telephone number of any new employer of the non-custodial
24 parent, (ii) whether the non-custodial parent has access to
25 health insurance coverage through the employer or other group
26 coverage and, if so, the policy name and number and the names
27 of persons covered under the policy, and (iii) of any new
28 residential or mailing address or telephone number of the
29 non-custodial parent. In any subsequent action to enforce a
30 support order, upon a sufficient showing that a diligent
31 effort has been made to ascertain the location of the
32 non-custodial parent, service of process or provision of
33 notice necessary in the case may be made at the last known
34 address of the non-custodial parent in any manner expressly
35 provided by the Code of Civil Procedure or this Code, which
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1 service shall be sufficient for purposes of due process.
2 in accordance with the Income Withholding for Support Act
3 An order for support shall include a date on which the
4 current support obligation terminates. The termination date
5 shall be no earlier than the date on which the child covered
6 by the order will attain the age of majority or is otherwise
7 emancipated. The order for support shall state that the
8 termination date does not apply to any arrearage that may
9 remain unpaid on that date. Nothing in this paragraph shall
10 be construed to prevent the court from modifying the order.
11 Upon notification in writing or by electronic
12 transmission from the Illinois Department to the clerk of the
13 court that a person who is receiving support payments under
14 this Section is receiving services under the Child Support
15 Enforcement Program established by Title IV-D of the Social
16 Security Act, any support payments subsequently received by
17 the clerk of the court shall be transmitted in accordance
18 with the instructions of the Illinois Department until the
19 Illinois Department gives notice to the clerk of the court to
20 cease the transmittal. After providing the notification
21 authorized under this paragraph, the Illinois Department
22 shall be entitled as a party to notice of any further
23 proceedings in the case. The clerk of the court shall file a
24 copy of the Illinois Department's notification in the court
25 file. The clerk's failure to file a copy of the
26 notification in the court file shall not, however, affect the
27 Illinois Department's right to receive notice of further
28 proceedings.
29 Payments under this Section to the Illinois Department
30 pursuant to the Child Support Enforcement Program established
31 by Title IV-D of the Social Security Act shall be paid into
32 the Child Support Enforcement Trust Fund. All other payments
33 under this Section to the Illinois Department of Human
34 Services shall be deposited in the DHS Public Assistance
35 Recoveries Trust Fund. Disbursements from these funds shall
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1 be as provided in Sections 12-9.1 12-9 and 12-10.2 of this
2 Code. Payments received by a local governmental unit shall
3 be deposited in that unit's General Assistance Fund.
4 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
5 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
6 8-14-98; revised 9-14-98.)
7 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
8 Sec. 10-16. Judicial enforcement of court and
9 administrative support orders.) Court orders entered in
10 proceedings under Section 10-10 and court orders for
11 enforcement of an administrative order under Section 10-15
12 and for the payment of money may be enforced by attachment as
13 for contempt against the persons of the defendants, and in
14 addition, as other judgments for the payment of money, and
15 costs may be adjudged against the defendants and apportioned
16 among them; but if the complaint is dismissed, costs shall be
17 borne by the Illinois Department or the local governmental
18 unit, as the case may be. If a responsible relative is
19 directed by the Illinois Department, or the local
20 governmental unit, under the conditions stated in Section
21 10-8, to make support payments directly to the person, or to
22 some person or agency in his behalf, the court order entered
23 against him under this Section or Section 10-10 may be
24 enforced as herein provided if he thereafter fails to furnish
25 support in accordance with its terms. The State of Illinois
26 shall not be required to make a deposit for or pay any costs
27 or fees of any court or officer thereof in any proceeding
28 instituted under this Section.
29 The provisions of the Civil Practice Law, and all
30 amendments and modifications thereof, shall apply to and
31 govern all actions instituted under this Section and Section
32 10-10. In such actions proof that a person is an applicant
33 for or recipient of public aid under any Article of this Code
34 shall be prima facie proof that he is a person in necessitous
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1 circumstances by reason of infirmity, unemployment or other
2 cause depriving him of the means of a livelihood compatible
3 with health and well-being.
4 Payments under this Section to the Illinois Department
5 pursuant to the Child Support Enforcement Program established
6 by Title IV-D of the Social Security Act shall be paid into
7 the Child Support Enforcement Trust Fund. All other payments
8 under this Section to the Illinois Department of Human
9 Services shall be deposited in the DHS Public Assistance
10 Recoveries Trust Fund. Disbursements from these funds shall
11 be as provided in Sections 12-9.1 12-9 and 12-10.2 of this
12 Code. Payments received by a local governmental unit shall
13 be deposited in that unit's General Assistance Fund.
14 In addition to the penalties or punishment that may be
15 imposed under this Section, any person whose conduct
16 constitutes a violation of Section 1 of the Non-Support of
17 Spouse and Children Act may be prosecuted under that Section,
18 and a person convicted under that Section may be sentenced in
19 accordance with that Section. The sentence may include but
20 need not be limited to a requirement that the person perform
21 community service under subsection (b) of that Section or
22 participate in a work alternative program under subsection
23 (c) of that Section. A person may not be required to
24 participate in a work alternative program under subsection
25 (c) of that Section if the person is currently participating
26 in a work program pursuant to Section 10-11.1 of this Code.
27 (Source: P.A. 90-733, eff. 8-11-98.)
28 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
29 Sec. 10-19. (Support Payments Ordered Under Other Laws -
30 Where Deposited.) The Illinois Department and local
31 governmental units are authorized to receive payments
32 directed by court order for the support of recipients, as
33 provided in the following Acts:
34 1. "Non-Support of Spouse and Children Act", approved
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1 June 24, 1915, as amended,
2 2. "Illinois Marriage and Dissolution of Marriage Act",
3 as now or hereafter amended,
4 3. The Illinois Parentage Act, as amended,
5 4. "Revised Uniform Reciprocal Enforcement of Support
6 Act", approved August 28, 1969, as amended,
7 5. The Juvenile Court Act or the Juvenile Court Act of
8 1987, as amended,
9 6. The "Unified Code of Corrections", approved July 26,
10 1972, as amended,
11 7. Part 7 of Article XII of the Code of Civil Procedure,
12 as amended,
13 8. Part 8 of Article XII of the Code of Civil Procedure,
14 as amended, and
15 9. Other laws which may provide by judicial order for
16 direct payment of support moneys.
17 Payments under this Section to the Illinois Department
18 pursuant to the Child Support Enforcement Program established
19 by Title IV-D of the Social Security Act shall be paid into
20 the Child Support Enforcement Trust Fund. All other payments
21 under this Section to the Illinois Department of Human
22 Services shall be deposited in the DHS Public Assistance
23 Recoveries Trust Fund. Disbursements from these funds shall
24 be as provided in Sections 12-9.1 12-9 and 12-10.2 of this
25 Code. Payments received by a local governmental unit shall
26 be deposited in that unit's General Assistance Fund.
27 (Source: P.A. 86-1028.)
28 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
29 Sec. 12-4.11. Grant amounts. The Department, with due
30 regard for and subject to budgetary limitations, shall
31 establish grant amounts for each of the programs, by
32 regulation. The grant amounts may vary by program, size of
33 assistance unit and geographic area.
34 Aid payments shall not be reduced except: (1) for changes
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1 in the cost of items included in the grant amounts, or (2)
2 for changes in the expenses of the recipient, or (3) for
3 changes in the income or resources available to the
4 recipient, or (4) for changes in grants resulting from
5 adoption of a consolidated grant amount.
6 In fixing standards to govern payments or reimbursements
7 for funeral and burial expenses, the Department shall take
8 into account the services essential to a dignified, low-cost
9 funeral and burial, including but no payment shall be
10 authorized from public aid funds for the funeral in excess of
11 $650, exclusive of reasonable amounts that as may be
12 necessary for burial space and cemetery charges, and any
13 applicable taxes or other required governmental fees or
14 charges. The Department shall authorize no payment in excess
15 of $325 for a cemetery burial.
16 Nothing contained in this Section or in any other Section
17 of this Code shall be construed to prohibit the Illinois
18 Department (1) from consolidating existing standards on the
19 basis of any standards which are or were in effect on, or
20 subsequent to July 1, 1969, or (2) from employing any
21 consolidated standards in determining need for public aid and
22 the amount of money payment or grant for individual
23 recipients or recipient families.
24 (Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97;
25 90-326, eff. 8-8-97; 90-372, eff. 7-1-98; 90-655, eff.
26 7-30-98.)
27 (305 ILCS 5/12-4.34)
28 (Section scheduled to be repealed on August 31, 1999)
29 Sec. 12-4.34. Services to noncitizens.
30 (a) Subject to specific appropriation for this purpose
31 and notwithstanding Sections 1-11 and 3-1 of this Code, the
32 Department of Human Services is authorized to provide
33 services to legal immigrants, including but not limited to
34 naturalization and nutrition services and financial
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1 assistance. The nature of these services, payment levels,
2 and eligibility conditions shall be determined by rule.
3 (b) The Illinois Department is authorized to lower the
4 payment levels established under this subsection or take such
5 other actions during the fiscal year as are necessary to
6 ensure that payments under this subsection do not exceed the
7 amounts appropriated for this purpose. These changes may be
8 accomplished by emergency rule under Section 5-45 of the
9 Illinois Administrative Procedure Act, except that the
10 limitation on the number of emergency rules that may be
11 adopted in a 24-month period shall not apply.
12 (c) This Section is repealed on August 31, 2000 1999.
13 (Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98.)
14 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
15 Sec. 12-9. Public Aid Assistance Recoveries Trust Fund;
16 uses. The Public Aid Assistance Recoveries Trust Fund shall
17 consist of (1) recoveries by the Illinois Department of
18 Public Aid authorized by this Code in respect to applicants
19 or recipients under Articles III, IV, V, and VI and VII,
20 including recoveries made by the Illinois Department of
21 Public Aid from the estates of deceased recipients, (2)
22 recoveries made by the Illinois Department of Public Aid in
23 respect to applicants and recipients under the Children's
24 Health Insurance Program, and (3) federal funds received on
25 behalf of and earned by local governmental entities for
26 services provided to applicants or recipients covered under
27 this Code. and payments received by the Illinois Department
28 under Sections 10-3.1, 10-8, 10-10, 10-16, and 10-19 except
29 those pursuant to the Child Support Enforcement Program
30 established by Title IV-D of the Social Security Act and
31 required to be paid into the Child Support Enforcement Trust
32 Fund under Section 12-10.2 of this Code, that are required by
33 such Sections to be paid into the Public Assistance
34 Recoveries Trust Fund. Until July 1, 1998, this Fund shall be
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1 held by the State treasurer as ex-officio custodian outside
2 the State treasury. After June 30, 1998, The Fund shall be
3 held as a special fund in the State Treasury.
4 Disbursements from this Fund shall be only (1) for the
5 reimbursement of claims collected by the Illinois Department
6 of Public Aid through error or mistake, (2) for payment to
7 persons or agencies designated as payees or co-payees on any
8 instrument, whether or not negotiable, delivered to the
9 Illinois Department of Public Aid as a recovery under this
10 Section, such payment to be in proportion to the respective
11 interests of the payees in the amount so collected, (3) for
12 payments to the Department of Human Services for collections
13 made by the Illinois Department of Public Aid on behalf of
14 the Department of Human Services under this Code, (4) for
15 payments to non-recipients, or to former recipients of
16 financial aid of the collections which are made in their
17 behalf under Article X except those pursuant to the Child
18 Support Enforcement Program established by Title IV-D of the
19 Social Security Act required to be paid from the Child
20 Support Enforcement Trust Fund under Section 12-10.2 of this
21 Code, (4) for payment to local governmental units of support
22 payments collected by the Illinois Department pursuant to an
23 agreement under Section 10-3.1, (5) for payment of
24 administrative expenses incurred in performing the activities
25 authorized under this Code, (5) by Article X except those
26 pursuant to the Child Support Enforcement Program established
27 by Title IV-D of the Social Security Act required to be paid
28 from the Child Support Enforcement Trust Fund under Section
29 12-10.2 of this Code, (6) for payment of fees to persons or
30 agencies in the performance of activities pursuant to the
31 collection of monies owed the State that are collected under
32 this Code, (6) except those monies pursuant to the Child
33 Support Enforcement Program established by Title IV-D of the
34 Social Security Act required to be paid from the Child
35 Support Enforcement Trust Fund under Section 12-10.2 of this
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1 Code, (7) for payments of any amounts which are reimbursable
2 to the federal government which are required to be paid by
3 State warrant by either the State or federal government, and
4 (7) for payments to local governmental entities of federal
5 funds for services provided to applicants or recipients
6 covered under this Code. (8) for disbursements to attorneys
7 or advocates for legal representation in an appeal of any
8 claim for federal Supplemental Security Income benefits
9 before an administrative law judge as provided for in Section
10 3-13 of this Code. Until July 1, 1998, disbursements from
11 this Fund shall be by warrants drawn by the State Comptroller
12 as receipt of vouchers duly executed and certified by the
13 Illinois Department. After June 30, 1998, Disbursements
14 from this Fund for purposes of items (4) and (5), (6), and
15 (8) of this paragraph shall be subject to appropriations from
16 the Fund to the Illinois Department of Public Aid.
17 The balance in this Fund on the first day of each
18 calendar quarter, after payment therefrom of any amounts
19 reimbursable to the federal government, and minus the amount
20 reasonably anticipated to be needed to make the disbursements
21 during that quarter authorized by this Section, shall be
22 certified by the Director of the Illinois Department of
23 Public Aid and transferred by the State Comptroller to the
24 General Revenue Fund in the State Treasury within 30 days of
25 the first day of each calendar quarter.
26 On July 1, 1999, the State Comptroller shall transfer the
27 sum of $5,000,000 from the Public Aid Recoveries Trust Fund
28 (formerly the Public Assistance Recoveries Trust Fund) into
29 the DHS Recoveries Trust Fund.
30 (Source: P.A. 90-255, eff. 1-1-98.)
31 (305 ILCS 5/12-9.1 new)
32 Sec. 12-9.1. DHS Recoveries Trust Fund; uses. The DHS
33 Recoveries Trust Fund shall consist of recoveries authorized
34 by this Code in respect to applicants or recipients under
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1 Articles III, IV, and VI, including recoveries from the
2 estates of deceased recipients, and payments received by the
3 Illinois Department of Human Services under Sections 10-3.1,
4 10-8, 10-10, 10-16, 10-19, and 12-9 that are required by
5 those Sections to be paid into the DHS Recoveries Trust Fund.
6 This Fund shall be held as a special fund in the State
7 Treasury.
8 Disbursements from the Fund shall be only (1) for the
9 reimbursement of claims collected by the Illinois Department
10 of Human Services through error or mistake, (2) for payment
11 to persons or agencies designated as payees or co-payees on
12 any instrument, whether or not negotiable, delivered to the
13 Illinois Department of Human Services as a recovery under
14 this Section, such payment to be in proportion to the
15 respective interests of the payees in the amount so
16 collected, (3) for payments to non-recipients, or to former
17 recipients of financial aid of the collections which are made
18 in their behalf under Article X, (4) for payment to local
19 governmental units of support payments collected by the
20 Illinois Department of Human Services pursuant to an
21 agreement under Section 10-3.1, (5) for payment of
22 administrative expenses incurred in performing the activities
23 authorized by Article X, (6) for payment of fees to person or
24 agencies in the performance of activities pursuant to the
25 collection of moneys owed the State, (7) for payments of any
26 amounts which are reimbursable to the federal government
27 which are required to be paid by State warrant by either the
28 State or federal government, and (8) for disbursements to
29 attorneys or advocates for legal representation in an appeal
30 of any claim for federal Supplemental Security Income
31 benefits before an administrative law judge as provided for
32 in Section 3-13 of this Code. Disbursements from the Fund
33 for purposes of items (5), (6), and (8) of this paragraph
34 shall be subject to appropriations from the Fund to the
35 Illinois Department of Human Services.
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1 The balance in the Fund on the first day of each calendar
2 quarter, after payment therefrom of any amounts reimbursable
3 to the federal government, and minus the amount reasonably
4 anticipated to be needed to make the disbursements during
5 that quarter authorized by this Section, shall be certified
6 by the Secretary of Human Services and transferred by the
7 State Comptroller to the General Revenue Fund within 30 days
8 after the first day of each calendar quarter.
9 (305 ILCS 5/12-10) (from Ch. 23, par. 12-10)
10 Sec. 12-10. Special Purposes Trust Fund; uses. The
11 Special Purposes Trust Fund, to be held outside the State
12 Treasury by the State Treasurer as ex-officio custodian,
13 shall consist of (1) any federal grants received under
14 Section 12-4.6 that are not required by Section 12-5 to be
15 paid into the General Revenue Fund or transferred into the
16 Local Initiative Fund under Section 12-10.1 or deposited in
17 the Employment and Training Fund under Section 12-10.3 or in
18 the special account established and maintained in that Fund
19 as provided in that Section; (2) grants, gifts or legacies of
20 moneys or securities received under Section 12-4.18; (3)
21 grants received under Section 12-4.19; and (4) funds for
22 child care and development services. Disbursements from this
23 Fund shall be only for the purposes authorized by the
24 aforementioned Sections.
25 Disbursements from this Fund shall be by warrants drawn
26 by the State Comptroller on receipt of vouchers duly executed
27 and certified by the Illinois Department of Human Services,
28 including payment to the Health Insurance Reserve Fund for
29 group insurance costs at the rate certified by the Department
30 of Central Management Services.
31 All federal monies received as reimbursement for
32 expenditures from the General Revenue Fund, and which were
33 made for the purposes authorized for expenditures from the
34 Special Purposes Trust Fund, shall be deposited by the
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1 Department into the General Revenue Fund.
2 (Source: P.A. 90-587, eff. 7-1-98.)
3 (305 ILCS 5/12-11) (from Ch. 23, par. 12-11)
4 Sec. 12-11. Deposits by State Treasurer. The State
5 Treasurer shall deposit moneys received by him as ex-officio
6 custodian of the Public Assistance Recoveries Trust Fund
7 (until July 1, 1998), the Child Support Enforcement Trust
8 Fund and the Special Purposes Trust Fund in banks or savings
9 and loan associations which have been approved by him as
10 State Depositaries under the Deposit of State Moneys Act, and
11 with respect to such moneys shall be entitled to the same
12 rights and privileges as are provided by such Act with
13 respect to moneys in the treasury of the State of Illinois.
14 (Source: P.A. 90-255, eff. 1-1-98.)
15 (305 ILCS 5/15-2) (from Ch. 23, par. 15-2)
16 Sec. 15-2. County Provider Trust Fund.
17 (a) There is created in the State Treasury the County
18 Provider Trust Fund. Interest earned by the Fund shall be
19 credited to the Fund. The Fund shall not be used to replace
20 any funds appropriated to the Medicaid program by the General
21 Assembly.
22 (b) The Fund is created solely for the purposes of
23 receiving, investing, and distributing monies in accordance
24 with this Article XV. The Fund shall consist of:
25 (1) All monies collected or received by the
26 Illinois Department under Section 15-3 of this Code;
27 (2) All federal financial participation monies
28 received by the Illinois Department pursuant to Title XIX
29 of the Social Security Act, 42 U.S.C. 1396(b),
30 attributable to eligible expenditures made by the
31 Illinois Department pursuant to Section 15-5 of this
32 Code;
33 (3) All federal moneys received by the Illinois
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1 Department pursuant to Title XXI of the Social Security
2 Act attributable to eligible expenditures made by the
3 Illinois Department pursuant to Section 15-5 of this
4 Code; and
5 (4) All other monies received by the Fund from any
6 source, including interest thereon.
7 (c) Disbursements from the Fund shall be by warrants
8 drawn by the State Comptroller upon receipt of vouchers duly
9 executed and certified by the Illinois Department and shall
10 be made only:
11 (1) For hospital inpatient care, hospital
12 outpatient care, care provided by other outpatient
13 facilities operated by a county, and disproportionate
14 share hospital payments made under Title XIX of the
15 Social Security Act and Article V of this Code as
16 required by Section 15-5 of this Code;
17 (1.5) For services provided by county providers
18 pursuant to Section 5-11 or 5-16.3 of this Code;
19 (2) For the reimbursement of administrative
20 expenses incurred by county providers on behalf of the
21 Illinois Department as permitted by Section 15-4 of this
22 Code;
23 (3) For the reimbursement of monies received by the
24 Fund through error or mistake;
25 (4) For the payment of administrative expenses
26 necessarily incurred by the Illinois Department or its
27 agent in performing the activities required by this
28 Article XV; and
29 (5) For the payment of any amounts that are
30 reimbursable to the federal government, attributable
31 solely to the Fund, and required to be paid by State
32 warrant; and
33 (6) For hospital inpatient care, hospital
34 outpatient care, care provided by other outpatient
35 facilities operated by a county, and disproportionate
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1 share hospital payments made under Title XXI of the
2 Social Security Act, pursuant to Section 15-5 of this
3 Code.
4 (Source: P.A. 90-618, eff. 7-10-98.)
5 (305 ILCS 5/15-3) (from Ch. 23, par. 15-3)
6 Sec. 15-3. Intergovernmental Transfers.
7 (a) Each qualifying county shall make an annual
8 intergovernmental transfer to the Illinois Department in an
9 amount equal to 71.7% of the difference between the total
10 payments made by the Illinois Department to such county
11 provider for hospital services under Titles Title XIX and XXI
12 of the Social Security Act or pursuant to Section 5-11 or
13 5-16.3 of this Code in each fiscal year ending June 30 (or
14 fraction thereof during the fiscal year ending June 30, 1993)
15 and $108,800,000 (or fraction thereof), except that the
16 annual intergovernmental transfer shall not exceed the total
17 payments made by the Illinois Department to such county
18 provider for hospital services under this Code or pursuant to
19 Section 5-16.3 of this Code, less the sum of (i) 50% of
20 payments reimbursable under Title XIX of the Social Security
21 Act at a rate of 50% and (ii) 65% of payments reimbursable
22 under the Social Security Act at a rate of 65%, in each
23 fiscal year ending June 30 (or fraction thereof).
24 (b) The payment schedule for the intergovernmental
25 transfer made hereunder shall be established by
26 intergovernmental agreement between the Illinois Department
27 and the applicable county, which agreement shall at a minimum
28 provide:
29 (1) For periodic payments no less frequently than
30 monthly to the county provider for inpatient and
31 outpatient approved or adjudicated claims and for
32 disproportionate share payments under Section 5-5.02 of
33 this Code (in the initial year, for services after July
34 1, 1991, or such other date as an approved State Medical
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1 Assistance Plan shall provide) and to the county provider
2 pursuant to Section 5-16.3 of this Code.
3 (2) For periodic payments no less frequently than
4 monthly to the county provider for supplemental
5 disproportionate share payments hereunder based on a
6 federally approved State Medical Assistance Plan.
7 (3) For calculation of the intergovernmental
8 transfer payment to be made by the county equal to 71.7%
9 of the difference between the amount of the periodic
10 payment and the base amount; provided, however, that if
11 the periodic payment for any period is less than the base
12 amount for such period, the base amount for the
13 succeeding period (and any successive period if
14 necessary) shall be increased by the amount of such
15 shortfall.
16 (4) For an intergovernmental transfer methodology
17 which obligates the Illinois Department to notify the
18 county and county provider in writing of each impending
19 periodic payment and the intergovernmental transfer
20 payment attributable thereto and which obligates the
21 Comptroller to release the periodic payment to the county
22 provider within one working day of receipt of the
23 intergovernmental transfer payment from the county.
24 (Source: P.A. 90-618, eff. 7-10-98.)
25 (305 ILCS 5/15-4) (from Ch. 23, par. 15-4)
26 Sec. 15-4. Contractual assumption of certain expenses.
27 Hospitals may, at their election, by written agreement
28 between the counties owning and operating the hospitals and
29 the Illinois Department, assume specified expenses of the
30 operation of the Illinois Department associated with the
31 determination of eligibility, direct payment of which
32 expenses by the Illinois Department would qualify as public
33 funds expended by the Illinois Department for the Illinois
34 Medical Assistance Program or other health care programs
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1 administered by the Illinois Department. The Illinois
2 Department shall open an adequately staffed special on-site
3 office or offices at facilities designated by the county for
4 the purpose of assisting the county in ensuring that all
5 eligible individuals are enrolled in the Illinois Medical
6 Assistance Program and, to the extent that enrollment into
7 the integrated health care program established under Section
8 5-16.3 of this Code is conducted at local public assistance
9 offices in the county, for the purpose of enrollment of
10 persons into any managed health care entity operated by the
11 county. The enrollment process shall meet the requirements
12 of subsection (e) of Section 5-16.3. Each such agreement,
13 executed in accordance with Section 3 of the
14 Intergovernmental Cooperation Act, shall describe the
15 operational expenses to be assumed in sufficient detail to
16 permit the Illinois Department to certify upon such written
17 obligation or performance thereunder that the hospital's
18 compliance with the terms of the agreement will amount to the
19 commitment of public funds eligible for the federal financial
20 participation or other federal funding called for in Title
21 XIX or Title XXI of the Social Security Act.
22 (Source: P.A. 87-13; 88-554, eff. 7-26-94.)
23 Section 30. The Illinois Marriage and Dissolution of
24 Marriage Act is amended by changing Sections 705 and 709 as
25 follows:
26 (750 ILCS 5/705) (from Ch. 40, par. 705)
27 Sec. 705. Support payments; receiving and disbursing
28 agents.
29 (1) The provisions of this Section shall apply, except
30 as provided in Sections 709 through 712.
31 (2) In a dissolution of marriage action filed in a
32 county of less than 3 million population in which an order or
33 judgment for child support is entered, and in supplementary
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1 proceedings in any such county to enforce or vary the terms
2 of such order or judgment arising out of an action for
3 dissolution of marriage filed in such county, the court,
4 except as it otherwise orders, under subsection (4) of this
5 Section, may direct that child support payments be made to
6 the clerk of the court.
7 (3) In a dissolution of marriage action filed in any
8 county of 3 million or more population in which an order or
9 judgment for child support is entered, and in supplementary
10 proceedings in any such county to enforce or vary the terms
11 of such order or judgment arising out of an action for
12 dissolution of marriage filed in such county, the court,
13 except as it otherwise orders under subsection (4) of this
14 Section, may direct that child support payments be made
15 either to the clerk of the court or to the Court Service
16 Division of the County Department of Public Aid. After the
17 effective date of this Act, the court, except as it otherwise
18 orders under subsection (4) of this Section, may direct that
19 child support payments be made either to the clerk of the
20 court or to the Illinois Department of Public Aid.
21 (4) In a dissolution of marriage action or supplementary
22 proceedings involving maintenance or child support payments,
23 or both, to persons who are recipients of aid under the
24 Illinois Public Aid Code, the court shall direct that such
25 payments be made to (a) the Illinois Department of Public Aid
26 if the persons are recipients under Articles III, IV, or V of
27 the Code, or (b) the local governmental unit responsible for
28 their support if they are recipients under Articles VI or VII
29 of the Code. In accordance with federal law and regulations,
30 the Illinois Department of Public Aid may continue to collect
31 current maintenance payments or child support payments, or
32 both, after those persons cease to receive public assistance
33 and until termination of services under Article X of the
34 Illinois Public Aid Code. The Illinois Department of Public
35 Aid shall pay the net amount collected to those persons after
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1 deducting any costs incurred in making the collection or any
2 collection fee from the amount of any recovery made. The
3 order shall permit the Illinois Department of Public Aid or
4 the local governmental unit, as the case may be, to direct
5 that payments be made directly to the former spouse, the
6 children, or both, or to some person or agency in their
7 behalf, upon removal of the former spouse or children from
8 the public aid rolls or upon termination of services under
9 Article X of the Illinois Public Aid Code; and upon such
10 direction, the Illinois Department or local governmental
11 unit, as the case requires, shall give notice of such action
12 to the court in writing or by electronic transmission.
13 (5) All clerks of the court and the Court Service
14 Division of a County Department of Public Aid and, after the
15 effective date of this Act, all clerks of the court and the
16 Illinois Department of Public Aid, receiving child support
17 payments under subsections (2) and (3) of this Section shall
18 disburse the payments to the person or persons entitled
19 thereto under the terms of the order or judgment. They shall
20 establish and maintain current records of all moneys received
21 and disbursed and of defaults and delinquencies in required
22 payments. The court, by order or rule, shall make provision
23 for the carrying out of these duties.
24 in effect in accordance with the Income Withholding for
25 Support
26 Upon notification in writing or by electronic
27 transmission from the Illinois Department of Public Aid to
28 the clerk of the court that a person who is receiving support
29 payments under this Section is receiving services under the
30 Child Support Enforcement Program established by Title IV-D
31 of the Social Security Act, any support payments subsequently
32 received by the clerk of the court shall be transmitted in
33 accordance with the instructions of the Illinois Department
34 of Public Aid until the Department gives notice to the clerk
35 of the court to cease the transmittal. After providing the
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1 notification authorized under this paragraph, the Illinois
2 Department of Public Aid shall be entitled as a party to
3 notice of any further proceedings in the case. The clerk of
4 the court shall file a copy of the Illinois Department of
5 Public Aid's notification in the court file. The failure of
6 the clerk to file a copy of the notification in the court
7 file shall not, however, affect the Illinois Department of
8 Public Aid's right to receive notice of further proceedings.
9 Payments under this Section to the Illinois Department of
10 Public Aid pursuant to the Child Support Enforcement Program
11 established by Title IV-D of the Social Security Act shall be
12 paid into the Child Support Enforcement Trust Fund. All
13 other payments under this Section to the Illinois Department
14 of Human Services Public Aid shall be deposited in the DHS
15 Public Assistance Recoveries Trust Fund. Disbursements from
16 these funds shall be as provided in the Illinois Public Aid
17 Code. Payments received by a local governmental unit shall
18 be deposited in that unit's General Assistance Fund. Any
19 order of court directing payment of child support to a clerk
20 of court or the Court Service Division of a County Department
21 of Public Aid, which order has been entered on or after
22 August 14, 1961, and prior to the effective date of this Act,
23 may be amended by the court in line with this Act; and orders
24 involving payments of maintenance or child support to
25 recipients of public aid may in like manner be amended to
26 conform to this Act.
27 (6) No filing fee or costs will be required in any
28 action brought at the request of the Illinois Department of
29 Public Aid in any proceeding under this Act. However, any
30 such fees or costs may be assessed by the court against the
31 respondent in the court's order of support or any
32 modification thereof in a proceeding under this Act.
33 (7) For those cases in which child support is payable to
34 the clerk of the circuit court for transmittal to the
35 Illinois Department of Public Aid by order of court or upon
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1 notification by the Illinois Department of Public Aid, the
2 clerk shall transmit all such payments, within 4 working days
3 of receipt, to insure that funds are available for immediate
4 distribution by the Department to the person or entity
5 entitled thereto in accordance with standards of the Child
6 Support Enforcement Program established under Title IV-D of
7 the Social Security Act. The clerk shall notify the
8 Department of the date of receipt and amount thereof at the
9 time of transmittal. Where the clerk has entered into an
10 agreement of cooperation with the Department to record the
11 terms of child support orders and payments made thereunder
12 directly into the Department's automated data processing
13 system, the clerk shall account for, transmit and otherwise
14 distribute child support payments in accordance with such
15 agreement in lieu of the requirements contained herein.
16 In any action filed in a county with a population of
17 1,000,000 or less, the court shall assess against the
18 respondent in any order of maintenance or child support any
19 sum up to $36 annually authorized by ordinance of the county
20 board to be collected by the clerk of the court as costs for
21 administering the collection and disbursement of maintenance
22 and child support payments. Such sum shall be in addition to
23 and separate from amounts ordered to be paid as maintenance
24 or child support.
25 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
26 90-790, eff. 8-14-98; revised 9-14-98.)
27 (750 ILCS 5/709) (from Ch. 40, par. 709)
28 Sec. 709. Mandatory child support payments to clerk.
29 (a) As of January 1, 1982, child support orders entered
30 in any county covered by this subsection shall be made
31 pursuant to the provisions of Sections 709 through 712 of
32 this Act. For purposes of these Sections, the term "child
33 support payment" or "payment" shall include any payment
34 ordered to be made solely for the purpose of the support of a
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1 child or children or any payment ordered for general support
2 which includes any amount for support of any child or
3 children.
4 The provisions of Sections 709 through 712 shall be
5 applicable to any county with a population of 2 million or
6 more and to any other county which notifies the Supreme Court
7 of its desire to be included within the coverage of these
8 Sections and is certified pursuant to Supreme Court Rules.
9 The effective date of inclusion, however, shall be
10 subject to approval of the application for reimbursement of
11 the costs of the support program by the Department of Public
12 Aid as provided in Section 712.
13 (b) In any proceeding for a dissolution of marriage,
14 legal separation, or declaration of invalidity of marriage,
15 or in any supplementary proceedings in which a judgment or
16 modification thereof for the payment of child support is
17 entered on or after January 1, 1982, in any county covered by
18 Sections 709 through 712, and the person entitled to payment
19 is receiving a grant of financial aid under Article IV of the
20 Illinois Public Aid Code or has applied and qualified for
21 support services under Section 10-1 of that Code, the court
22 shall direct: (1) that such payments be made to the clerk of
23 the court and (2) that the parties affected shall each
24 thereafter notify the clerk of any change of address or
25 change in other conditions that may affect the administration
26 of the order, including the fact that a party who was
27 previously not on public aid has become a recipient of public
28 aid, within 10 days of such change. All notices sent to the
29 obligor's last known address on file with the clerk shall be
30 deemed sufficient to proceed with enforcement pursuant to the
31 provisions of Sections 709 through 712.
32 In all other cases, the court may direct that payments be
33 made to the clerk of the court.
34 (c) Except as provided in subsection (d) of this
35 Section, the clerk shall disburse the payments to the person
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1 or persons entitled thereto under the terms of the order or
2 judgment.
3 (d) The court shall determine, prior to the entry of the
4 support order, if the party who is to receive the support is
5 presently receiving public aid or has a current application
6 for public aid pending and shall enter the finding on the
7 record.
8 If the person entitled to payment is a recipient of aid
9 under the Illinois Public Aid Code, the clerk, upon being
10 informed of this fact by finding of the court, by
11 notification by the party entitled to payment, by the
12 Illinois Department of Public Aid or by the local
13 governmental unit, shall make all payments to: (1) the
14 Illinois Department of Public Aid if the person is a
15 recipient under Article III, IV, or V of the Code or (2) the
16 local governmental unit responsible for his or her support if
17 the person is a recipient under Article VI or VII of the
18 Code. In accordance with federal law and regulations, the
19 Illinois Department of Public Aid may continue to collect
20 current maintenance payments or child support payments, or
21 both, after those persons cease to receive public assistance
22 and until termination of services under Article X of the
23 Illinois Public Aid Code. The Illinois Department of Public
24 Aid shall pay the net amount collected to those persons after
25 deducting any costs incurred in making the collection or any
26 collection fee from the amount of any recovery made. Upon
27 termination of public aid payments to such a recipient or
28 termination of services under Article X of the Illinois
29 Public Aid Code, the Illinois Department of Public Aid or the
30 appropriate local governmental unit shall notify the clerk in
31 writing or by electronic transmission that all subsequent
32 payments are to be sent directly to the person entitled
33 thereto.
34 Upon notification in writing or by electronic
35 transmission from the Illinois Department of Public Aid to
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1 the clerk of the court that a person who is receiving support
2 payments under this Section is receiving services under the
3 Child Support Enforcement Program established by Title IV-D
4 of the Social Security Act, any support payments subsequently
5 received by the clerk of the court shall be transmitted in
6 accordance with the instructions of the Illinois Department
7 of Public Aid until the Department gives notice to the clerk
8 of the court to cease the transmittal. After providing the
9 notification authorized under this paragraph, the Illinois
10 Department of Public Aid shall be entitled as a party to
11 notice of any further proceedings in the case. The clerk of
12 the court shall file a copy of the Illinois Department of
13 Public Aid's notification in the court file. The failure of
14 the clerk to file a copy of the notification in the court
15 file shall not, however, affect the Illinois Department of
16 Public Aid's right to receive notice of further proceedings.
17 Payments under this Section to the Illinois Department of
18 Public Aid pursuant to the Child Support Enforcement Program
19 established by Title IV-D of the Social Security Act shall be
20 paid into the Child Support Enforcement Trust Fund. All
21 other payments under this Section to the Illinois Department
22 of Human Services Public Aid shall be deposited in the DHS
23 Public Assistance Recoveries Trust Fund. Disbursements from
24 these funds shall be as provided in the Illinois Public Aid
25 Code. Payments received by a local governmental unit shall
26 be deposited in that unit's General Assistance Fund.
27 (e) Any order or judgment may be amended by the court,
28 upon its own motion or upon the motion of either party, to
29 conform with the provisions of Sections 709 through 712,
30 either as to the requirement of making payments to the clerk
31 or, where payments are already being made to the clerk, as to
32 the statutory fees provided for under Section 711.
33 (f) The clerk may invest in any interest bearing account
34 or in any securities, monies collected for the benefit of a
35 payee, where such payee cannot be found; however, the
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1 investment may be only for the period until the clerk is able
2 to locate and present the payee with such monies. The clerk
3 may invest in any interest bearing account, or in any
4 securities, monies collected for the benefit of any other
5 payee; however, this does not alter the clerk's obligation to
6 make payments to the payee in a timely manner. Any interest
7 or capital gains accrued shall be for the benefit of the
8 county and shall be paid into the special fund established in
9 subsection (b) of Section 711.
10 (g) The clerk shall establish and maintain a payment
11 record of all monies received and disbursed and such record
12 shall constitute prima facie evidence of such payment and
13 non-payment, as the case may be.
14 (h) For those cases in which child support is payable to
15 the clerk of the circuit court for transmittal to the
16 Illinois Department of Public Aid by order of court or upon
17 notification by the Illinois Department of Public Aid, the
18 clerk shall transmit all such payments, within 4 working days
19 of receipt, to insure that funds are available for immediate
20 distribution by the Department to the person or entity
21 entitled thereto in accordance with standards of the Child
22 Support Enforcement Program established under Title IV-D of
23 the Social Security Act. The clerk shall notify the
24 Department of the date of receipt and amount thereof at the
25 time of transmittal. Where the clerk has entered into an
26 agreement of cooperation with the Department to record the
27 terms of child support orders and payments made thereunder
28 directly into the Department's automated data processing
29 system, the clerk shall account for, transmit and otherwise
30 distribute child support payments in accordance with such
31 agreement in lieu of the requirements contained herein.
32 (Source: P.A. 87-1252; 88-687, eff. 1-24-95.)
33 Section 35. The Non-Support of Spouse and Children Act
34 is amended by changing Section 2.1 as follows:
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1 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
2 Sec. 2.1. Support payments; receiving and disbursing
3 agents.
4 (1) In actions instituted under this Act on and after
5 August 14, 1961, involving a minor child or children, the
6 Court, except in actions instituted on or after August 26,
7 1969, in which the support payments are in behalf of a
8 recipient of aid under the Illinois Public Aid Code, shall
9 direct that moneys ordered to be paid for support under
10 Sections 3 and 4 of this Act shall be paid to the clerk of
11 the court in counties of less than 3 million population, and
12 in counties of 3 million or more population, to the clerk or
13 probation officer of the court or to the Court Service
14 Division of the County Department of Public Aid. After the
15 effective date of this amendatory Act of 1975, the court
16 shall direct that such support moneys be paid to the clerk or
17 probation officer or the Illinois Department of Public Aid.
18 However, the court in its discretion may direct otherwise
19 where exceptional circumstances so warrant. If payment is to
20 be made to persons other than the clerk or probation officer,
21 the Court Service Division of the County Department of Public
22 Aid, or the Illinois Department of Public Aid, the judgment
23 or order of support shall set forth the facts of the
24 exceptional circumstances.
25 (2) In actions instituted after August 26, 1969, where
26 the support payments are in behalf of spouses, children, or
27 both, who are recipients of aid under the Illinois Public Aid
28 Code, the court shall order the payments to be made directly
29 to (1) the Illinois Department of Public Aid if the person is
30 a recipient under Articles III, IV or V of the Code, or (2)
31 to the local governmental unit responsible for the support of
32 the person if he or she is a recipient under Articles VI or
33 VII of the Code. In accordance with federal law and
34 regulations, the Illinois Department of Public Aid may
35 continue to collect current maintenance payments or child
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1 support payments, or both, after those persons cease to
2 receive public assistance and until termination of services
3 under Article X of the Illinois Public Aid Code. The
4 Illinois Department of Public Aid shall pay the net amount
5 collected to those persons after deducting any costs incurred
6 in making the collection or any collection fee from the
7 amount of any recovery made. The order shall permit the
8 Illinois Department of Public Aid or the local governmental
9 unit, as the case may be, to direct that support payments be
10 made directly to the spouse, children, or both, or to some
11 person or agency in their behalf, upon removal of the spouse
12 or children from the public aid rolls or upon termination of
13 services under Article X of the Illinois Public Aid Code; and
14 upon such direction, the Illinois Department or the local
15 governmental unit, as the case requires, shall give notice of
16 such action to the court in writing or by electronic
17 transmission.
18 (3) The clerks, probation officers, and the Court
19 Service Division of the County Department of Public Aid in
20 counties of 3 million or more population, and, after the
21 effective date of this amendatory Act of 1975, the clerks,
22 probation officers, and the Illinois Department of Public
23 Aid, shall disburse moneys paid to them to the person or
24 persons entitled thereto under the order of the Court. They
25 shall establish and maintain current records of all moneys
26 received and disbursed and of delinquencies and defaults in
27 required payments. The Court, by order or rule, shall make
28 provision for the carrying out of these duties.
29 in accordance with the Income Withholding for Support
30 Upon notification in writing or by electronic
31 transmission from the Illinois Department of Public Aid to
32 the clerk of the court that a person who is receiving support
33 payments under this Section is receiving services under the
34 Child Support Enforcement Program established by Title IV-D
35 of the Social Security Act, any support payments subsequently
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1 received by the clerk of the court shall be transmitted in
2 accordance with the instructions of the Illinois Department
3 of Public Aid until the Department gives notice to cease the
4 transmittal. After providing the notification authorized
5 under this paragraph, the Illinois Department of Public Aid
6 shall be entitled as a party to notice of any further
7 proceedings in the case. The clerk of the court shall file a
8 copy of the Illinois Department of Public Aid's notification
9 in the court file. The failure of the clerk to file a copy
10 of the notification in the court file shall not, however,
11 affect the Illinois Department of Public Aid's right to
12 receive notice of further proceedings.
13 (4) Payments under this Section to the Illinois
14 Department of Public Aid pursuant to the Child Support
15 Enforcement Program established by Title IV-D of the Social
16 Security Act shall be paid into the Child Support Enforcement
17 Trust Fund. All other payments under this Section to the
18 Illinois Department of Human Services Public Aid shall be
19 deposited in the DHS Public Assistance Recoveries Trust Fund.
20 Disbursements from these funds shall be as provided in the
21 Illinois Public Aid Code. Payments received by a local
22 governmental unit shall be deposited in that unit's General
23 Assistance Fund.
24 (5) Orders and assignments entered or executed prior to
25 the Act approved August 14, 1961 shall not be affected
26 thereby. Employers served with wage assignments executed
27 prior to that date shall comply with the terms thereof.
28 However, the Court, on petition of the state's attorney, or
29 of the Illinois Department of Public Aid or local
30 governmental unit in respect to recipients of public aid, may
31 order the execution of new assignments and enter new orders
32 designating the clerk, probation officer, or the Illinois
33 Department of Public Aid or appropriate local governmental
34 unit in respect to payments in behalf of recipients of public
35 aid, as the person or agency authorized to receive and
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1 disburse the salary or wages assigned. On like petition the
2 Court may enter new orders designating such officers,
3 agencies or governmental units to receive and disburse the
4 payments ordered under Section 4.
5 (6) For those cases in which child support is payable to
6 the clerk of the circuit court for transmittal to the
7 Illinois Department of Public Aid by order of court or upon
8 notification by the Illinois Department of Public Aid, the
9 clerk shall transmit all such payments, within 4 working days
10 of receipt, to insure that funds are available for immediate
11 distribution by the Department to the person or entity
12 entitled thereto in accordance with standards of the Child
13 Support Enforcement Program established under Title IV-D of
14 the Social Security Act. The clerk shall notify the
15 Department of the date of receipt and amount thereof at the
16 time of transmittal. Where the clerk has entered into an
17 agreement of cooperation with the Department to record the
18 terms of child support orders and payments made thereunder
19 directly into the Department's automated data processing
20 system, the clerk shall account for, transmit and otherwise
21 distribute child support payments in accordance with such
22 agreement in lieu of the requirements contained herein.
23 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
24 90-790, eff. 8-14-98; revised 9-14-98.)
25 Section 40. The Illinois Parentage Act of 1984 is
26 amended by changing Section 21 as follows:
27 (750 ILCS 45/21) (from Ch. 40, par. 2521)
28 Sec. 21. Support payments; receiving and disbursing
29 agents.
30 (1) In an action filed in a county counties of less than
31 3 million population in which an order for child support is
32 entered, and in supplementary proceedings in such a county
33 counties to enforce or vary the terms of such order arising
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1 out of an action filed in such a county counties, the court,
2 except in actions or supplementary proceedings in which the
3 pregnancy and delivery expenses of the mother or the child
4 support payments are for a recipient of aid under the
5 Illinois Public Aid Code, shall direct that child support
6 payments be made to the clerk of the court unless in the
7 discretion of the court exceptional circumstances warrant
8 otherwise. In cases where payment is to be made to persons
9 other than the clerk of the court the judgment or order of
10 support shall set forth the facts of the exceptional
11 circumstances.
12 (2) In an action filed in a county counties of 3 million
13 or more population in which an order for child support is
14 entered, and in supplementary proceedings in such a county
15 counties to enforce or vary the terms of such order arising
16 out of an action filed date in such a county counties, the
17 court, except in actions or supplementary proceedings in
18 which the pregnancy and delivery expenses of the mother or
19 the child support payments are for a recipient of aid under
20 the Illinois Public Aid Code, shall direct that child support
21 payments be made either to the clerk of the court or to the
22 Court Service Division of the County Department of Public
23 Aid, or to the clerk of the court or to the Illinois
24 Department of Public Aid, unless in the discretion of the
25 court exceptional circumstances warrant otherwise. In cases
26 where payment is to be made to persons other than the clerk
27 of the court, the Court Service Division of the County
28 Department of Public Aid, or the Illinois Department of
29 Public Aid, the judgment or order of support shall set forth
30 the facts of the exceptional circumstances.
31 (3) Where the action or supplementary proceeding is in
32 behalf of a mother for pregnancy and delivery expenses or for
33 child support, or both, and the mother, child, or both, are
34 recipients of aid under the Illinois Public Aid Code, the
35 court shall order that the payments be made directly to (a)
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1 the Illinois Department of Public Aid if the mother or child,
2 or both, are recipients under Articles IV or V of the Code,
3 or (b) the local governmental unit responsible for the
4 support of the mother or child, or both, if they are
5 recipients under Articles VI or VII of the Code. In
6 accordance with federal law and regulations, the Illinois
7 Department of Public Aid may continue to collect current
8 maintenance payments or child support payments, or both,
9 after those persons cease to receive public assistance and
10 until termination of services under Article X of the Illinois
11 Public Aid Code. The Illinois Department of Public Aid shall
12 pay the net amount collected to those persons after deducting
13 any costs incurred in making the collection or any collection
14 fee from the amount of any recovery made. The Illinois
15 Department of Public Aid or the local governmental unit, as
16 the case may be, may direct that payments be made directly to
17 the mother of the child, or to some other person or agency in
18 the child's behalf, upon the removal of the mother and child
19 from the public aid rolls or upon termination of services
20 under Article X of the Illinois Public Aid Code; and upon
21 such direction, the Illinois Department or the local
22 governmental unit, as the case requires, shall give notice of
23 such action to the court in writing or by electronic
24 transmission.
25 (4) All clerks of the court and the Court Service
26 Division of a County Department of Public Aid and the
27 Illinois Department of Public Aid, receiving child support
28 payments under paragraphs (1) or (2) shall disburse the same
29 to the person or persons entitled thereto under the terms of
30 the order. They shall establish and maintain clear and
31 current records of all moneys received and disbursed and of
32 defaults and delinquencies in required payments. The court,
33 by order or rule, shall make provision for the carrying out
34 of these duties.
35 in accordance with the Income Withholding for Support
-76- LRB9105168EGfgccr8
1 Upon notification in writing or by electronic
2 transmission from the Illinois Department of Public Aid to
3 the clerk of the court that a person who is receiving support
4 payments under this Section is receiving services under the
5 Child Support Enforcement Program established by Title IV-D
6 of the Social Security Act, any support payments subsequently
7 received by the clerk of the court shall be transmitted in
8 accordance with the instructions of the Illinois Department
9 of Public Aid until the Department gives notice to cease the
10 transmittal. After providing the notification authorized
11 under this paragraph, the Illinois Department of Public Aid
12 shall be entitled as a party to notice of any further
13 proceedings in the case. The clerk of the court shall file a
14 copy of the Illinois Department of Public Aid's notification
15 in the court file. The failure of the clerk to file a copy
16 of the notification in the court file shall not, however,
17 affect the Illinois Department of Public Aid's right to
18 receive notice of further proceedings.
19 Payments under this Section to the Illinois Department of
20 Public Aid pursuant to the Child Support Enforcement Program
21 established by Title IV-D of the Social Security Act shall be
22 paid into the Child Support Enforcement Trust Fund. All
23 other payments under this Section to the Illinois Department
24 of Human Services Public Aid shall be deposited in the DHS
25 Public Assistance Recoveries Trust Fund. Disbursement from
26 these funds shall be as provided in the Illinois Public Aid
27 Code. Payments received by a local governmental unit shall
28 be deposited in that unit's General Assistance Fund.
29 (5) The moneys received by persons or agencies
30 designated by the court shall be disbursed by them in
31 accordance with the order. However, the court, on petition
32 of the state's attorney, may enter new orders designating the
33 clerk of the court or the Illinois Department of Public Aid,
34 as the person or agency authorized to receive and disburse
35 child support payments and, in the case of recipients of
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1 public aid, the court, on petition of the Attorney General or
2 State's Attorney, shall direct subsequent payments to be paid
3 to the Illinois Department of Public Aid or to the
4 appropriate local governmental unit, as provided in paragraph
5 (3). Payments of child support by principals or sureties on
6 bonds, or proceeds of any sale for the enforcement of a
7 judgment shall be made to the clerk of the court, the
8 Illinois Department of Public Aid or the appropriate local
9 governmental unit, as the respective provisions of this
10 Section require.
11 (6) For those cases in which child support is payable to
12 the clerk of the circuit court for transmittal to the
13 Illinois Department of Public Aid by order of court or upon
14 notification by the Illinois Department of Public Aid, the
15 clerk shall transmit all such payments, within 4 working days
16 of receipt, to insure that funds are available for immediate
17 distribution by the Department to the person or entity
18 entitled thereto in accordance with standards of the Child
19 Support Enforcement Program established under Title IV-D of
20 the Social Security Act. The clerk shall notify the
21 Department of the date of receipt and amount thereof at the
22 time of transmittal. Where the clerk has entered into an
23 agreement of cooperation with the Department to record the
24 terms of child support orders and payments made thereunder
25 directly into the Department's automated data processing
26 system, the clerk shall account for, transmit and otherwise
27 distribute child support payments in accordance with such
28 agreement in lieu of the requirements contained herein.
29 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
30 90-790, eff. 8-14-98; revised 11-5-98.)
31 Section 99. Effective date. This Act takes effect July
32 1, 1999.".
33 Submitted on May 27, 1999
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1 s/Sen. Steven Rauschenberger Rep. Gary Hannig
2 s/Sen. Dick Klemm Rep. Jeffrey Schoenberg
3 s/Sen. John Maitland Rep. Barbara Flynn Currie
4 Sen. Donne Trotter s/Rep. Art Tenhouse
5 s/Sen. Patrick Welch s/Rep. Tom Ryder
6 Committee for the Senate Committee for the House