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91_HB2518enr HB2518 Enrolled LRB9105168EGfg 1 AN ACT in relation to public assistance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Administrative Procedure Act is 5 amended by changing Section 5-45 as follows: 6 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) 7 Sec. 5-45. Emergency rulemaking. 8 (a) "Emergency" means the existence of any situation 9 that any agency finds reasonably constitutes a threat to the 10 public interest, safety, or welfare. 11 (b) If any agency finds that an emergency exists that 12 requires adoption of a rule upon fewer days than is required 13 by Section 5-40 and states in writing its reasons for that 14 finding, the agency may adopt an emergency rule without prior 15 notice or hearing upon filing a notice of emergency 16 rulemaking with the Secretary of State under Section 5-70. 17 The notice shall include the text of the emergency rule and 18 shall be published in the Illinois Register. Consent orders 19 or other court orders adopting settlements negotiated by an 20 agency may be adopted under this Section. Subject to 21 applicable constitutional or statutory provisions, an 22 emergency rule becomes effective immediately upon filing 23 under Section 5-65 or at a stated date less than 10 days 24 thereafter. The agency's finding and a statement of the 25 specific reasons for the finding shall be filed with the 26 rule. The agency shall take reasonable and appropriate 27 measures to make emergency rules known to the persons who may 28 be affected by them. 29 (c) An emergency rule may be effective for a period of 30 not longer than 150 days, but the agency's authority to adopt 31 an identical rule under Section 5-40 is not precluded. No HB2518 Enrolled -2- LRB9105168EGfg 1 emergency rule may be adopted more than once in any 24 month 2 period, except that this limitation on the number of 3 emergency rules that may be adopted in a 24 month period does 4 not apply to (i) emergency rules that make additions to and 5 deletions from the Drug Manual under Section 5-5.16 of the 6 Illinois Public Aid Code or the generic drug formulary under 7 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or 8 (ii) emergency rules adopted by the Pollution Control Board 9 before July 1, 1997 to implement portions of the Livestock 10 Management Facilities Act. Two or more emergency rules 11 having substantially the same purpose and effect shall be 12 deemed to be a single rule for purposes of this Section. 13 (d) In order to provide for the expeditious and timely 14 implementation of the State's fiscal year 1999 budget, 15 emergency rules to implement any provision of Public Act 16 90-587 or 90-588this amendatory Act of 1998or any other 17 budget initiative for fiscal year 1999 may be adopted in 18 accordance with this Section by the agency charged with 19 administering that provision or initiative, except that the 20 24-month limitation on the adoption of emergency rules and 21 the provisions of Sections 5-115 and 5-125 do not apply to 22 rules adopted under this subsection (d). The adoption of 23 emergency rules authorized by this subsection (d) shall be 24 deemed to be necessary for the public interest, safety, and 25 welfare. 26 (e) In order to provide for the expeditious and timely 27 implementation of the State's fiscal year 2000 budget, 28 emergency rules to implement any provision of this amendatory 29 Act of the 91st General Assembly or any other budget 30 initiative for fiscal year 2000 may be adopted in accordance 31 with this Section by the agency charged with administering 32 that provision or initiative, except that the 24-month 33 limitation on the adoption of emergency rules and the 34 provisions of Sections 5-115 and 5-125 do not apply to rules HB2518 Enrolled -3- LRB9105168EGfg 1 adopted under this subsection (e). The adoption of emergency 2 rules authorized by this subsection (e) shall be deemed to be 3 necessary for the public interest, safety, and welfare. 4 (Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97; 5 90-587, eff. 7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.) 6 Section 10. The State Finance Act is amended by adding 7 Sections 5.495 and 5.496 and changing Section 6z-24 as 8 follows: 9 (30 ILCS 105/5.495 new) 10 Sec. 5.495. The Public Aid Recoveries Trust Fund. 11 (30 ILCS 105/5.496 new) 12 Sec. 5.496. The DHS Recoveries Trust Fund. 13 (30 ILCS 105/6z-24) (from Ch. 127, par. 142z-24) 14 Sec. 6z-24. There is created in the State Treasury the 15 Special Education Medicaid Matching Fund. All monies 16 received from the federal government due to 17 educationally-related services authorized under Section 1903 18 of the Social Security Act, as amended, and for the 19 administrative costs related thereto shall be deposited in 20 the Special Education Medicaid Matching Fund. All monies 21 received from the federal government due to 22 educationally-related services authorized under Section 2105 23 of the Social Security Act, as amended, shall be deposited in 24 the Special Education Medicaid Matching Fund. 25 The monies in the Special Education Medicaid Matching 26 Fund shall be held subject to appropriation by the General 27 Assembly to the State Board of Education for distribution to 28 school districts, pursuant to an interagency agreement 29 between the Illinois Department of Public Aid and the State 30 Board of Education, formedicaideligible special education HB2518 Enrolled -4- LRB9105168EGfg 1 children claims under Titles XIX and XXI of the Social 2 Security Act. 3 (Source: P.A. 87-641.) 4 Section 15. The School Code is amended by changing 5 Sections 14-7.04 and 18-8.05 as follows: 6 (105 ILCS 5/14-7.04) (from Ch. 122, par. 14-7.04) 7 Sec. 14-7.04. Health care reimbursement. 8 (a) Local educational agencies may utilize federally 9 funded health care programs to share in the costs of services 10 which are provided to children requiring special education 11 and related services and which are either listed on an 12 individualized education program established pursuant to the 13 federal Education for All Handicapped Children Act of 1975, 14 Public Law No. 94-142 or are provided under an individualized 15 family service plan established pursuant to the federal 16 Education of the Handicapped Act Amendments of 1986, Public 17 Law No. 99-457. Those federally funded health care programs 18 shall also share in the cost of all screenings and diagnostic 19 evaluations for children suspected of having or known to have 20 a disability. However, all such services shall continue to 21 be initially funded by the local educational agency and shall 22 be provided regardless of subsequent cost sharing with other 23 funding sources. Federally funded health care reimbursement 24 funds are supplemental and shall not be used to reduce any 25 other Federal payments, private payments or State Board of 26 Education funds for special education as provided in Article 27 14 of the School Code for which the local education agency is 28 eligible. 29 Local educational agencies providing early periodic 30 screening and diagnostic testing services on or after August 31 1, 1991, including screening and diagnostic services, health 32 care and treatment, preventive health care, and any other HB2518 Enrolled -5- LRB9105168EGfg 1 measure to correct or improve health impairments of 2 Medicaid-eligible children, may also access federally funded 3 health care resources. 4 The State Board of Education and the Department of Public 5 Aid may enter into an intergovernmental agreement whereby 6 school districts or their agents may claim medicaid matching 7 funds for medicaid eligible special education children as 8 authorized by Section 1903 of the Social Security Act. Under 9 that intergovernmental agreement, school districts or their 10 agents may also claim federal funds for the services provided 11 to special education students enrolled in the Children's 12 Health Insurance Program. 13 (b) No employee or officer of a school district, special 14 education joint agreement, office of a regional 15 superintendent of schools or the State Board of Education may 16 have a direct or indirect financial interest in any agreement 17 between the entity of which the person is an employee or 18 officer and any corporation, organization or other entity 19 that collects or participates in the collection of payments 20 from private health care benefit plans or federally funded 21 health care programs authorized under this Section. 22 (Source: P.A. 86-476; 87-468; 87-641; 87-895; 87-1168.) 23 (105 ILCS 5/18-8.05) 24 Sec. 18-8.05. Basis for apportionment of general State 25 financial aid and supplemental general State aid to the 26 common schools for the 1998-1999 and subsequent school years. 27 (A) General Provisions. 28 (1) The provisions of this Section apply to the 29 1998-1999 and subsequent school years. The system of general 30 State financial aid provided for in this Section is designed 31 to assure that, through a combination of State financial aid 32 and required local resources, the financial support provided 33 each pupil in Average Daily Attendance equals or exceeds a HB2518 Enrolled -6- LRB9105168EGfg 1 prescribed per pupil Foundation Level. This formula approach 2 imputes a level of per pupil Available Local Resources and 3 provides for the basis to calculate a per pupil level of 4 general State financial aid that, when added to Available 5 Local Resources, equals or exceeds the Foundation Level. The 6 amount of per pupil general State financial aid for school 7 districts, in general, varies in inverse relation to 8 Available Local Resources. Per pupil amounts are based upon 9 each school district's Average Daily Attendance as that term 10 is defined in this Section. 11 (2) In addition to general State financial aid, school 12 districts with specified levels or concentrations of pupils 13 from low income households are eligible to receive 14 supplemental general State financial aid grants as provided 15 pursuant to subsection (H). The supplemental State aid grants 16 provided for school districts under subsection (H) shall be 17 appropriated for distribution to school districts as part of 18 the same line item in which the general State financial aid 19 of school districts is appropriated under this Section. 20 (3) To receive financial assistance under this Section, 21 school districts are required to file claims with the State 22 Board of Education, subject to the following requirements: 23 (a) Any school district which fails for any given 24 school year to maintain school as required by law, or to 25 maintain a recognized school is not eligible to file for 26 such school year any claim upon the Common School Fund. 27 In case of nonrecognition of one or more attendance 28 centers in a school district otherwise operating 29 recognized schools, the claim of the district shall be 30 reduced in the proportion which the Average Daily 31 Attendance in the attendance center or centers bear to 32 the Average Daily Attendance in the school district. A 33 "recognized school" means any public school which meets 34 the standards as established for recognition by the State HB2518 Enrolled -7- LRB9105168EGfg 1 Board of Education. A school district or attendance 2 center not having recognition status at the end of a 3 school term is entitled to receive State aid payments due 4 upon a legal claim which was filed while it was 5 recognized. 6 (b) School district claims filed under this Section 7 are subject to Sections 18-9, 18-10, and 18-12, except as 8 otherwise provided in this Section. 9 (c) If a school district operates a full year 10 school under Section 10-19.1, the general State aid to 11 the school district shall be determined by the State 12 Board of Education in accordance with this Section as 13 near as may be applicable. 14 (d) (Blank). 15 (4) Except as provided in subsections (H) and (L), the 16 board of any district receiving any of the grants provided 17 for in this Section may apply those funds to any fund so 18 received for which that board is authorized to make 19 expenditures by law. 20 School districts are not required to exert a minimum 21 Operating Tax Rate in order to qualify for assistance under 22 this Section. 23 (5) As used in this Section the following terms, when 24 capitalized, shall have the meaning ascribed herein: 25 (a) "Average Daily Attendance": A count of pupil 26 attendance in school, averaged as provided for in 27 subsection (C) and utilized in deriving per pupil 28 financial support levels. 29 (b) "Available Local Resources": A computation of 30 local financial support, calculated on the basis of 31 Average Daily Attendance and derived as provided pursuant 32 to subsection (D). 33 (c) "Corporate Personal Property Replacement 34 Taxes": Funds paid to local school districts pursuant to HB2518 Enrolled -8- LRB9105168EGfg 1 "An Act in relation to the abolition of ad valorem 2 personal property tax and the replacement of revenues 3 lost thereby, and amending and repealing certain Acts and 4 parts of Acts in connection therewith", certified August 5 14, 1979, as amended (Public Act 81-1st S.S.-1). 6 (d) "Foundation Level": A prescribed level of per 7 pupil financial support as provided for in subsection 8 (B). 9 (e) "Operating Tax Rate": All school district 10 property taxes extended for all purposes, except Bond and 11 Interest, Summer School, Rent, Capital Improvement, and 12 Vocational Education Building purposes. 13 (B) Foundation Level. 14 (1) The Foundation Level is a figure established by the 15 State representing the minimum level of per pupil financial 16 support that should be available to provide for the basic 17 education of each pupil in Average Daily Attendance. As set 18 forth in this Section, each school district is assumed to 19 exert a sufficient local taxing effort such that, in 20 combination with the aggregate of general State financial aid 21 provided the district, an aggregate of State and local 22 resources are available to meet the basic education needs of 23 pupils in the district. 24 (2) For the 1998-1999 school year, the Foundation Level 25 of support is $4,225. For the 1999-2000 school year, the 26 Foundation Level of support is $4,325. For the 2000-2001 27 school year, the Foundation Level of support is $4,425. 28 (3) For the 2001-2002 school year and each school year 29 thereafter, the Foundation Level of support is $4,425 or such 30 greater amount as may be established by law by the General 31 Assembly. 32 (C) Average Daily Attendance. 33 (1) For purposes of calculating general State aid HB2518 Enrolled -9- LRB9105168EGfg 1 pursuant to subsection (E), an Average Daily Attendance 2 figure shall be utilized. The Average Daily Attendance 3 figure for formula calculation purposes shall be the monthly 4 average of the actual number of pupils in attendance of each 5 school district, as further averaged for the best 3 months of 6 pupil attendance for each school district. In compiling the 7 figures for the number of pupils in attendance, school 8 districts and the State Board of Education shall, for 9 purposes of general State aid funding, conform attendance 10 figures to the requirements of subsection (F). 11 (2) The Average Daily Attendance figures utilized in 12 subsection (E) shall be the requisite attendance data for the 13 school year immediately preceding the school year for which 14 general State aid is being calculated. 15 (D) Available Local Resources. 16 (1) For purposes of calculating general State aid 17 pursuant to subsection (E), a representation of Available 18 Local Resources per pupil, as that term is defined and 19 determined in this subsection, shall be utilized. Available 20 Local Resources per pupil shall include a calculated dollar 21 amount representing local school district revenues from local 22 property taxes and from Corporate Personal Property 23 Replacement Taxes, expressed on the basis of pupils in 24 Average Daily Attendance. 25 (2) In determining a school district's revenue from 26 local property taxes, the State Board of Education shall 27 utilize the equalized assessed valuation of all taxable 28 property of each school district as of September 30 of the 29 previous year. The equalized assessed valuation utilized 30 shall be obtained and determined as provided in subsection 31 (G). 32 (3) For school districts maintaining grades kindergarten 33 through 12, local property tax revenues per pupil shall be 34 calculated as the product of the applicable equalized HB2518 Enrolled -10- LRB9105168EGfg 1 assessed valuation for the district multiplied by 3.00%, and 2 divided by the district's Average Daily Attendance figure. 3 For school districts maintaining grades kindergarten through 4 8, local property tax revenues per pupil shall be calculated 5 as the product of the applicable equalized assessed valuation 6 for the district multiplied by 2.30%, and divided by the 7 district's Average Daily Attendance figure. For school 8 districts maintaining grades 9 through 12, local property tax 9 revenues per pupil shall be the applicable equalized assessed 10 valuation of the district multiplied by 1.20%, and divided by 11 the district's Average Daily Attendance figure. 12 (4) The Corporate Personal Property Replacement Taxes 13 paid to each school district during the calendar year 2 years 14 before the calendar year in which a school year begins, 15 divided by the Average Daily Attendance figure for that 16 district, shall be added to the local property tax revenues 17 per pupil as derived by the application of the immediately 18 preceding paragraph (3). The sum of these per pupil figures 19 for each school district shall constitute Available Local 20 Resources as that term is utilized in subsection (E) in the 21 calculation of general State aid. 22 (E) Computation of General State Aid. 23 (1) For each school year, the amount of general State 24 aid allotted to a school district shall be computed by the 25 State Board of Education as provided in this subsection. 26 (2) For any school district for which Available Local 27 Resources per pupil is less than the product of 0.93 times 28 the Foundation Level, general State aid for that district 29 shall be calculated as an amount equal to the Foundation 30 Level minus Available Local Resources, multiplied by the 31 Average Daily Attendance of the school district. 32 (3) For any school district for which Available Local 33 Resources per pupil is equal to or greater than the product 34 of 0.93 times the Foundation Level and less than the product HB2518 Enrolled -11- LRB9105168EGfg 1 of 1.75 times the Foundation Level, the general State aid per 2 pupil shall be a decimal proportion of the Foundation Level 3 derived using a linear algorithm. Under this linear 4 algorithm, the calculated general State aid per pupil shall 5 decline in direct linear fashion from 0.07 times the 6 Foundation Level for a school district with Available Local 7 Resources equal to the product of 0.93 times the Foundation 8 Level, to 0.05 times the Foundation Level for a school 9 district with Available Local Resources equal to the product 10 of 1.75 times the Foundation Level. The allocation of 11 general State aid for school districts subject to this 12 paragraph 3 shall be the calculated general State aid per 13 pupil figure multiplied by the Average Daily Attendance of 14 the school district. 15 (4) For any school district for which Available Local 16 Resources per pupil equals or exceeds the product of 1.75 17 times the Foundation Level, the general State aid for the 18 school district shall be calculated as the product of $218 19 multiplied by the Average Daily Attendance of the school 20 district. 21 (F) Compilation of Average Daily Attendance. 22 (1) Each school district shall, by July 1 of each year, 23 submit to the State Board of Education, on forms prescribed 24 by the State Board of Education, attendance figures for the 25 school year that began in the preceding calendar year. The 26 attendance information so transmitted shall identify the 27 average daily attendance figures for each month of the school 28 year, except that any days of attendance in August shall be 29 added to the month of September and any days of attendance in 30 June shall be added to the month of May. 31 Except as otherwise provided in this Section, days of 32 attendance by pupils shall be counted only for sessions of 33 not less than 5 clock hours of school work per day under 34 direct supervision of: (i) teachers, or (ii) non-teaching HB2518 Enrolled -12- LRB9105168EGfg 1 personnel or volunteer personnel when engaging in 2 non-teaching duties and supervising in those instances 3 specified in subsection (a) of Section 10-22.34 and paragraph 4 10 of Section 34-18, with pupils of legal school age and in 5 kindergarten and grades 1 through 12. 6 Days of attendance by tuition pupils shall be accredited 7 only to the districts that pay the tuition to a recognized 8 school. 9 (2) Days of attendance by pupils of less than 5 clock 10 hours of school shall be subject to the following provisions 11 in the compilation of Average Daily Attendance. 12 (a) Pupils regularly enrolled in a public school 13 for only a part of the school day may be counted on the 14 basis of 1/6 day for every class hour of instruction of 15 40 minutes or more attended pursuant to such enrollment. 16 (b) Days of attendance may be less than 5 clock 17 hours on the opening and closing of the school term, and 18 upon the first day of pupil attendance, if preceded by a 19 day or days utilized as an institute or teachers' 20 workshop. 21 (c) A session of 4 or more clock hours may be 22 counted as a day of attendance upon certification by the 23 regional superintendent, and approved by the State 24 Superintendent of Education to the extent that the 25 district has been forced to use daily multiple sessions. 26 (d) A session of 3 or more clock hours may be 27 counted as a day of attendance (1) when the remainder of 28 the school day or at least 2 hours in the evening of that 29 day is utilized for an in-service training program for 30 teachers, up to a maximum of 5 days per school year of 31 which a maximum of 4 days of such 5 days may be used for 32 parent-teacher conferences, provided a district conducts 33 an in-service training program for teachers which has 34 been approved by the State Superintendent of Education; HB2518 Enrolled -13- LRB9105168EGfg 1 or, in lieu of 4 such days, 2 full days may be used, in 2 which event each such day may be counted as a day of 3 attendance; and (2) when days in addition to those 4 provided in item (1) are scheduled by a school pursuant 5 to its school improvement plan adopted under Article 34 6 or its revised or amended school improvement plan adopted 7 under Article 2, provided that (i) such sessions of 3 or 8 more clock hours are scheduled to occur at regular 9 intervals, (ii) the remainder of the school days in which 10 such sessions occur are utilized for in-service training 11 programs or other staff development activities for 12 teachers, and (iii) a sufficient number of minutes of 13 school work under the direct supervision of teachers are 14 added to the school days between such regularly scheduled 15 sessions to accumulate not less than the number of 16 minutes by which such sessions of 3 or more clock hours 17 fall short of 5 clock hours. Any full days used for the 18 purposes of this paragraph shall not be considered for 19 computing average daily attendance. Days scheduled for 20 in-service training programs, staff development 21 activities, or parent-teacher conferences may be 22 scheduled separately for different grade levels and 23 different attendance centers of the district. 24 (e) A session of not less than one clock hour of 25 teaching hospitalized or homebound pupils on-site or by 26 telephone to the classroom may be counted as 1/2 day of 27 attendance, however these pupils must receive 4 or more 28 clock hours of instruction to be counted for a full day 29 of attendance. 30 (f) A session of at least 4 clock hours may be 31 counted as a day of attendance for first grade pupils, 32 and pupils in full day kindergartens, and a session of 2 33 or more hours may be counted as 1/2 day of attendance by 34 pupils in kindergartens which provide only 1/2 day of HB2518 Enrolled -14- LRB9105168EGfg 1 attendance. 2 (g) For children with disabilities who are below 3 the age of 6 years and who cannot attend 2 or more clock 4 hours because of their disability or immaturity, a 5 session of not less than one clock hour may be counted as 6 1/2 day of attendance; however for such children whose 7 educational needs so require a session of 4 or more clock 8 hours may be counted as a full day of attendance. 9 (h) A recognized kindergarten which provides for 10 only 1/2 day of attendance by each pupil shall not have 11 more than 1/2 day of attendance counted in any one day. 12 However, kindergartens may count 2 1/2 days of attendance 13 in any 5 consecutive school days. When a pupil attends 14 such a kindergarten for 2 half days on any one school 15 day, the pupil shall have the following day as a day 16 absent from school, unless the school district obtains 17 permission in writing from the State Superintendent of 18 Education. Attendance at kindergartens which provide for 19 a full day of attendance by each pupil shall be counted 20 the same as attendance by first grade pupils. Only the 21 first year of attendance in one kindergarten shall be 22 counted, except in case of children who entered the 23 kindergarten in their fifth year whose educational 24 development requires a second year of kindergarten as 25 determined under the rules and regulations of the State 26 Board of Education. 27 (G) Equalized Assessed Valuation Data. 28 (1) For purposes of the calculation of Available Local 29 Resources required pursuant to subsection (D), the State 30 Board of Education shall secure from the Department of 31 Revenue the value as equalized or assessed by the Department 32 of Revenue of all taxable property of every school district 33 together with the applicable tax rate used in extending taxes 34 for the funds of the district as of September 30 of the HB2518 Enrolled -15- LRB9105168EGfg 1 previous year. 2 This equalized assessed valuation, as adjusted further by 3 the requirements of this subsection, shall be utilized in the 4 calculation of Available Local Resources. 5 (2) The equalized assessed valuation in paragraph (1) 6 shall be adjusted, as applicable, in the following manner: 7 (a) For the purposes of calculating State aid under 8 this Section, with respect to any part of a school 9 district within a redevelopment project area in respect 10 to which a municipality has adopted tax increment 11 allocation financing pursuant to the Tax Increment 12 Allocation Redevelopment Act, Sections 11-74.4-1 through 13 11-74.4-11 of the Illinois Municipal Code or the 14 Industrial Jobs Recovery Law, Sections 11-74.6-1 through 15 11-74.6-50 of the Illinois Municipal Code, no part of the 16 current equalized assessed valuation of real property 17 located in any such project area which is attributable to 18 an increase above the total initial equalized assessed 19 valuation of such property shall be used as part of the 20 equalized assessed valuation of the district, until such 21 time as all redevelopment project costs have been paid, 22 as provided in Section 11-74.4-8 of the Tax Increment 23 Allocation Redevelopment Act or in Section 11-74.6-35 of 24 the Industrial Jobs Recovery Law. For the purpose of the 25 equalized assessed valuation of the district, the total 26 initial equalized assessed valuation or the current 27 equalized assessed valuation, whichever is lower, shall 28 be used until such time as all redevelopment project 29 costs have been paid. 30 (b) The real property equalized assessed valuation 31 for a school district shall be adjusted by subtracting 32 from the real property value as equalized or assessed by 33 the Department of Revenue for the district an amount 34 computed by dividing the amount of any abatement of taxes HB2518 Enrolled -16- LRB9105168EGfg 1 under Section 18-170 of the Property Tax Code by 3.00% 2 for a district maintaining grades kindergarten through 3 12, by 2.30% for a district maintaining grades 4 kindergarten through 8, or by 1.20% for a district 5 maintaining grades 9 through 12 and adjusted by an amount 6 computed by dividing the amount of any abatement of taxes 7 under subsection (a) of Section 18-165 of the Property 8 Tax Code by the same percentage rates for district type 9 as specified in this subparagraph (b). 10 (H) Supplemental General State Aid. 11 (1) In addition to the general State aid a school 12 district is allotted pursuant to subsection (E), qualifying 13 school districts shall receive a grant, paid in conjunction 14 with a district's payments of general State aid, for 15 supplemental general State aid based upon the concentration 16 level of children from low-income households within the 17 school district. Supplemental State aid grants provided for 18 school districts under this subsection shall be appropriated 19 for distribution to school districts as part of the same line 20 item in which the general State financial aid of school 21 districts is appropriated under this Section. For purposes of 22 this subsection, the term "Low-Income Concentration Level" 23 shall be the low-income eligible pupil count from the most 24 recently available federal census divided by the Average 25 Daily Attendance of the school district. If, however, the 26 percentage decrease from the 2 most recent federal censuses 27 in the low-income eligible pupil count of a high school 28 district with fewer than 400 students exceeds by 75% or more 29 the percentage change in the total low-income eligible pupil 30 count of contiguous elementary school districts, whose 31 boundaries are coterminous with the high school district, the 32 high school district's low-income eligible pupil count from 33 the earlier federal census shall be the number used as the 34 low-income eligible pupil count for the high school district, HB2518 Enrolled -17- LRB9105168EGfg 1 for purposes of this subsection (H). 2 (2) Supplemental general State aid pursuant to this 3 subsection shall be provided as follows: 4 (a) For any school district with a Low Income 5 Concentration Level of at least 20% and less than 35%, 6 the grant for any school year shall be $800 multiplied by 7 the low income eligible pupil count. 8 (b) For any school district with a Low Income 9 Concentration Level of at least 35% and less than 50%, 10 the grant for the 1998-1999 school year shall be $1,100 11 multiplied by the low income eligible pupil count. 12 (c) For any school district with a Low Income 13 Concentration Level of at least 50% and less than 60%, 14 the grant for the 1998-99 school year shall be $1,500 15 multiplied by the low income eligible pupil count. 16 (d) For any school district with a Low Income 17 Concentration Level of 60% or more, the grant for the 18 1998-99 school year shall be $1,900 multiplied by the low 19 income eligible pupil count. 20 (e) For the 1999-2000 school year, the per pupil 21 amount specified in subparagraphs (b), (c), and (d),22 immediately above shall be increasedby $100to $1,243 23$1,200, $1,600, and $2,000, respectively. 24 (f) For the 2000-2001 school year, the per pupil 25 amounts specified in subparagraphs (b), (c), and (d) 26 immediately above shall beincreased to$1,273$1,230, 27 $1,640, and $2,050, respectively. 28 (3) School districts with an Average Daily Attendance of 29 more than 1,000 and less than 50,000 that qualify for 30 supplemental general State aid pursuant to this subsection 31 shall submit a plan to the State Board of Education prior to 32 October 30 of each year for the use of the funds resulting 33 from this grant of supplemental general State aid for the 34 improvement of instruction in which priority is given to HB2518 Enrolled -18- LRB9105168EGfg 1 meeting the education needs of disadvantaged children. Such 2 plan shall be submitted in accordance with rules and 3 regulations promulgated by the State Board of Education. 4 (4) School districts with an Average Daily Attendance of 5 50,000 or more that qualify for supplemental general State 6 aid pursuant to this subsection shall be required to 7 distribute from funds available pursuant to this Section, no 8 less than $261,000,000 in accordance with the following 9 requirements: 10 (a) The required amounts shall be distributed to 11 the attendance centers within the district in proportion 12 to the number of pupils enrolled at each attendance 13 center who are eligible to receive free or reduced-price 14 lunches or breakfasts under the federal Child Nutrition 15 Act of 1966 and under the National School Lunch Act 16 during the immediately preceding school year. 17 (b) The distribution of these portions of 18 supplemental and general State aid among attendance 19 centers according to these requirements shall not be 20 compensated for or contravened by adjustments of the 21 total of other funds appropriated to any attendance 22 centers, and the Board of Education shall utilize funding 23 from one or several sources in order to fully implement 24 this provision annually prior to the opening of school. 25 (c) Each attendance center shall be provided by the 26 school district a distribution of noncategorical funds 27 and other categorical funds to which an attendance center 28 is entitled under law in order that the general State aid 29 and supplemental general State aid provided by 30 application of this subsection supplements rather than 31 supplants the noncategorical funds and other categorical 32 funds provided by the school district to the attendance 33 centers. 34 (d) Any funds made available under this subsection HB2518 Enrolled -19- LRB9105168EGfg 1 that by reason of the provisions of this subsection are 2 not required to be allocated and provided to attendance 3 centers may be used and appropriated by the board of the 4 district for any lawful school purpose. 5 (e) Funds received by an attendance center pursuant 6 to this subsection shall be used by the attendance center 7 at the discretion of the principal and local school 8 council for programs to improve educational opportunities 9 at qualifying schools through the following programs and 10 services: early childhood education, reduced class size 11 or improved adult to student classroom ratio, enrichment 12 programs, remedial assistance, attendance improvement, 13 and other educationally beneficial expenditures which 14 supplement the regular and basic programs as determined 15 by the State Board of Education. Funds provided shall 16 not be expended for any political or lobbying purposes as 17 defined by board rule. 18 (f) Each district subject to the provisions of this 19 subdivision (H)(4) shall submit an acceptable plan to 20 meet the educational needs of disadvantaged children, in 21 compliance with the requirements of this paragraph, to 22 the State Board of Education prior to July 15 of each 23 year. This plan shall be consistent with the decisions of 24 local school councils concerning the school expenditure 25 plans developed in accordance with part 4 of Section 26 34-2.3. The State Board shall approve or reject the plan 27 within 60 days after its submission. If the plan is 28 rejected, the district shall give written notice of 29 intent to modify the plan within 15 days of the 30 notification of rejection and then submit a modified plan 31 within 30 days after the date of the written notice of 32 intent to modify. Districts may amend approved plans 33 pursuant to rules promulgated by the State Board of 34 Education. HB2518 Enrolled -20- LRB9105168EGfg 1 Upon notification by the State Board of Education 2 that the district has not submitted a plan prior to July 3 15 or a modified plan within the time period specified 4 herein, the State aid funds affected by that plan or 5 modified plan shall be withheld by the State Board of 6 Education until a plan or modified plan is submitted. 7 If the district fails to distribute State aid to 8 attendance centers in accordance with an approved plan, 9 the plan for the following year shall allocate funds, in 10 addition to the funds otherwise required by this 11 subsection, to those attendance centers which were 12 underfunded during the previous year in amounts equal to 13 such underfunding. 14 For purposes of determining compliance with this 15 subsection in relation to the requirements of attendance 16 center funding, each district subject to the provisions 17 of this subsection shall submit as a separate document by 18 December 1 of each year a report of expenditure data for 19 the prior year in addition to any modification of its 20 current plan. If it is determined that there has been a 21 failure to comply with the expenditure provisions of this 22 subsection regarding contravention or supplanting, the 23 State Superintendent of Education shall, within 60 days 24 of receipt of the report, notify the district and any 25 affected local school council. The district shall within 26 45 days of receipt of that notification inform the State 27 Superintendent of Education of the remedial or corrective 28 action to be taken, whether by amendment of the current 29 plan, if feasible, or by adjustment in the plan for the 30 following year. Failure to provide the expenditure 31 report or the notification of remedial or corrective 32 action in a timely manner shall result in a withholding 33 of the affected funds. 34 The State Board of Education shall promulgate rules HB2518 Enrolled -21- LRB9105168EGfg 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 HB2518 Enrolled -22- LRB9105168EGfg 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 HB2518 Enrolled -23- LRB9105168EGfg 1 of the total difference payment and the amount thereof to be 2 allocated to the annexing or resulting districts shall be 3 computed by the State Board of Education on the basis of 4 pupil enrollment and other data which shall be certified to 5 the State Board of Education, on forms which it shall provide 6 for that purpose, by the regional superintendent of schools 7 for each educational service region in which the annexing and 8 annexed districts, or resulting and divided districts are 9 located. 10 (3.5) Claims for financial assistance under this 11 subsection (I) shall not be recomputed except as expressly 12 provided under this Section. 13 (4) Any supplementary payment made under this subsection 14 (I) shall be treated as separate from all other payments made 15 pursuant to this Section. 16 (J) Supplementary Grants in Aid. 17 (1) Notwithstanding any other provisions of this 18 Section, the amount of the aggregate general State aid in 19 combination with supplemental general State aid under this 20 Section for which each school district is eligible shall be 21 no less than the amount of the aggregate general State aid 22 entitlement that was received by the district under Section 23 18-8 (exclusive of amounts received under subsections 5(p) 24 and 5(p-5) of that Section) for the 1997-98 school year, 25 pursuant to the provisions of that Section as it was then in 26 effect. If a school district qualifies to receive a 27 supplementary payment made under this subsection (J), the 28 amount of the aggregate general State aid in combination with 29 supplemental general State aid under this Section which that 30 district is eligible to receive for each school year shall be 31 no less than the amount of the aggregate general State aid 32 entitlement that was received by the district under Section 33 18-8 (exclusive of amounts received under subsections 5(p) 34 and 5(p-5) of that Section) for the 1997-1998 school year, HB2518 Enrolled -24- LRB9105168EGfg 1 pursuant to the provisions of that Section as it was then in 2 effect. 3 (2) If, as provided in paragraph (1) of this subsection 4 (J), a school district is to receive aggregate general State 5 aid in combination with supplemental general State aid under 6 this Section for the 1998-99 school year and any subsequent 7 school year that in any such school year is less than the 8 amount of the aggregate general State aid entitlement that 9 the district received for the 1997-98 school year, the school 10 district shall also receive, from a separate appropriation 11 made for purposes of this subsection (J), a supplementary 12 payment that is equal to the amount of the difference in the 13 aggregate State aid figures as described in paragraph (1). 14 (3) (Blank). 15 (K) Grants to Laboratory and Alternative Schools. 16 In calculating the amount to be paid to the governing 17 board of a public university that operates a laboratory 18 school under this Section or to any alternative school that 19 is operated by a regional superintendent of schools, the 20 State Board of Education shall require by rule such reporting 21 requirements as it deems necessary. 22 As used in this Section, "laboratory school" means a 23 public school which is created and operated by a public 24 university and approved by the State Board of Education. The 25 governing board of a public university which receives funds 26 from the State Board under this subsection (K) may not 27 increase the number of students enrolled in its laboratory 28 school from a single district, if that district is already 29 sending 50 or more students, except under a mutual agreement 30 between the school board of a student's district of residence 31 and the university which operates the laboratory school. A 32 laboratory school may not have more than 1,000 students, 33 excluding students with disabilities in a special education 34 program. HB2518 Enrolled -25- LRB9105168EGfg 1 As used in this Section, "alternative school" means a 2 public school which is created and operated by a Regional 3 Superintendent of Schools and approved by the State Board of 4 Education. Such alternative schools may offer courses of 5 instruction for which credit is given in regular school 6 programs, courses to prepare students for the high school 7 equivalency testing program or vocational and occupational 8 training. A regional superintendent of schools may contract 9 with a school district or a public community college district 10 to operate an alternative school. An alternative school 11 serving more than one educational service region may be 12 established by the regional superintendents of schools of 13thosethe affected educational service regions. An 14 alternative school serving more than one educational service 15 region may be operated under such terms as the regional 16 superintendents of schools of those educational service 17 regions may agree. 18 Each laboratory and alternative school shall file, on 19 forms provided by the State Superintendent of Education, an 20 annual State aid claim which states the Average Daily 21 Attendance of the school's students by month. The best 3 22 months' Average Daily Attendance shall be computed for each 23 school. The general State aid entitlement shall be computed 24 by multiplying the applicable Average Daily Attendance by the 25 Foundation Level as determined under this Section. 26 (L) Payments, Additional Grants in Aid and Other 27 Requirements. 28 (1) For a school district operating under the financial 29 supervision of an Authority created under Article 34A, the 30 general State aid otherwise payable to that district under 31 this Section, but not the supplemental general State aid, 32 shall be reduced by an amount equal to the budget for the 33 operations of the Authority as certified by the Authority to 34 the State Board of Education, and an amount equal to such HB2518 Enrolled -26- LRB9105168EGfg 1 reduction shall be paid to the Authority created for such 2 district for its operating expenses in the manner provided in 3 Section 18-11. The remainder of general State school aid for 4 any such district shall be paid in accordance with Article 5 34A when that Article provides for a disposition other than 6 that provided by this Article. 7 (2) Impaction. Impaction payments shall be made as 8 provided for in Section 18-4.2. 9 (3) Summer school. Summer school payments shall be made 10 as provided in Section 18-4.3. 11 (M) Education Funding Advisory Board. 12 The Education Funding Advisory Board, hereinafter in this 13 subsection (M) referred to as the "Board", is hereby created. 14 The Board shall consist of 5 members who are appointed by the 15 Governor, by and with the advice and consent of the Senate. 16 The members appointed shall include representatives of 17 education, business, and the general public. One of the 18 members so appointed shall be designated by the Governor at 19 the time the appointment is made as the chairperson of the 20 Board. The initial members of the Board may be appointed any 21 time after the effective date of this amendatory Act of 1997. 22 The regular term of each member of the Board shall be for 4 23 years from the third Monday of January of the year in which 24 the term of the member's appointment is to commence, except 25 that of the 5 initial members appointed to serve on the 26 Board, the member who is appointed as the chairperson shall 27 serve for a term that commences on the date of his or her 28 appointment and expires on the third Monday of January, 2002, 29 and the remaining 4 members, by lots drawn at the first 30 meeting of the Board that is held after all 5 members are 31 appointed, shall determine 2 of their number to serve for 32 terms that commence on the date of their respective 33 appointments and expire on the third Monday of January, 2001, 34 and 2 of their number to serve for terms that commence on the HB2518 Enrolled -27- LRB9105168EGfg 1 date of their respective appointments and expire on the third 2 Monday of January, 2000. All members appointed to serve on 3 the Board shall serve until their respective successors are 4 appointed and confirmed. Vacancies shall be filled in the 5 same manner as original appointments. If a vacancy in 6 membership occurs at a time when the Senate is not in 7 session, the Governor shall make a temporary appointment 8 until the next meeting of the Senate, when he or she shall 9 appoint, by and with the advice and consent of the Senate, a 10 person to fill that membership for the unexpired term. If 11 the Senate is not in session when the initial appointments 12 are made, those appointments shall be made as in the case of 13 vacancies. 14 The Education Funding Advisory Board shall be deemed 15 established, and the initial members appointed by the 16 Governor to serve as members of the Board shall take office, 17 on the date that the Governor makes his or her appointment of 18 the fifth initial member of the Board, whether those initial 19 members are then serving pursuant to appointment and 20 confirmation or pursuant to temporary appointments that are 21 made by the Governor as in the case of vacancies. 22 The State Board of Education shall provide such staff 23 assistance to the Education Funding Advisory Board as is 24 reasonably required for the proper performance by the Board 25 of its responsibilities. 26 For school years after the 2000-2001 school year, the 27 Education Funding Advisory Board, in consultation with the 28 State Board of Education, shall make recommendations as 29 provided in this subsection (M) to the General Assembly for 30 the foundation level under subdivision (B)(3) of this Section 31 and for the supplemental general State aid grant level under 32 subsection (H) of this Section for districts with high 33 concentrations of children from poverty. The recommended 34 foundation level shall be determined based on a methodology HB2518 Enrolled -28- LRB9105168EGfg 1 which incorporates the basic education expenditures of 2 low-spending schools exhibiting high academic performance. 3 The Education Funding Advisory Board shall make such 4 recommendations to the General Assembly on January 1 of odd 5 numbered years, beginning January 1, 2001. 6 (N) General State Aid Adjustment Grant. 7 (1) Any school district subject to property tax 8 extension limitations as imposed under the provisions of the 9 Property Tax Extension Limitation Law shall be entitled to 10 receive, subject to the qualifications and requirements of 11 this subsection, a general State aid adjustment grant. 12 Eligibility for this grant shall be determined on an annual 13 basis and claims for grant payments shall be paid subject to 14 appropriations made specific to this subsection. For 15 purposes of this subsection the following terms shall have 16 the following meanings: 17 "Budget Year": The school year for which general State 18 aid is calculated and awarded under subsection (E). 19 "Current Year": The school year immediately preceding 20 the Budget Year. 21 "Base Tax Year": The property tax levy year used to 22 calculate the Budget Year allocation of general State aid. 23 "Preceding Tax Year": The property tax levy year 24 immediately preceding the Base Tax Year. 25 "Extension Limitation Ratio": A numerical ratio, 26 certified by a school district's County Clerk, in which the 27 numerator is the Base Tax Year's tax extension amount 28 resulting from the Limiting Rate and the denominator is the 29 Preceding Tax Year's tax extension amount resulting from the 30 Limiting Rate. 31 "Limiting Rate": The limiting rate as defined in the 32 Property Tax Extension Limitation Law. 33 "Preliminary Tax Rate": The tax rate for all purposes 34 except bond and interest that would have been used to extend HB2518 Enrolled -29- LRB9105168EGfg 1 those taxes absent the provisions of the Property Tax 2 Extension Limitation Law. 3 (2) To qualify for a general State aid adjustment grant, 4 a school district must meet all of the following eligibility 5 criteria for each Budget Year for which a grant is claimed: 6 (a) (Blank). 7 (b) The Preliminary Tax Rate of the school district 8 for the Base Tax Year was reduced by the Clerk of the 9 County as a result of the requirements of the Property 10 Tax Extension Limitation Law. 11 (c) The Available Local Resources per pupil of the 12 school district as calculated pursuant to subsection (D) 13 using the Base Tax Year are less than the product of 1.75 14 times the Foundation Level for the Budget Year. 15 (d) The school district has filed a proper and 16 timely claim for a general State aid adjustment grant as 17 required under this subsection. 18 (3) A claim for grant assistance under this subsection 19 shall be filed with the State Board of Education on or before 20 April 1 of the Current Year for a grant for the Budget Year. 21 The claim shall be made on forms prescribed by the State 22 Board of Education and must be accompanied by a written 23 statement from the Clerk of the County, certifying: 24 (a) That the school district had its Preliminary 25 Tax Rate for the Base Tax Year reduced as a result of the 26 Property Tax Extension Limitation Law. 27 (b) (Blank). 28 (c) The Extension Limitation Ratio as that term is 29 defined in this subsection. 30 (4) On or before August 1 of the Budget Year the State 31 Board of Education shall calculate, for all school districts 32 meeting the other requirements of this subsection, the amount 33 of the general State aid adjustment grant, if any, that the 34 school districts are eligible to receive in the Budget Year. HB2518 Enrolled -30- LRB9105168EGfg 1 The amount of the general State aid adjustment grant shall be 2 calculated as follows: 3 (a) Determine the school district's general State 4 aid grant for the Budget Year as provided in accordance 5 with the provisions of subsection (E). 6 (b) Determine the school district's adjusted level 7 of general State aid by utilizing in the calculation of 8 Available Local Resources the equalized assessed 9 valuation that was used to calculate the general State 10 aid for the preceding fiscal year multiplied by the 11 Extension Limitation Ratio. 12 (c) Subtract the sum derived in subparagraph (a) 13 from the sum derived in subparagraph (b). If the result 14 is a positive number, that amount shall be the general 15 State aid adjustment grant that the district is eligible 16 to receive. 17 (5) The State Board of Education shall in the Current 18 Year, based upon claims filed in the Current Year, recommend 19 to the General Assembly an appropriation amount for the 20 general State aid adjustment grants to be made in the Budget 21 Year. 22 (6) Claims for general State aid adjustment grants shall 23 be paid in a lump sum on or before January 1 of the Budget 24 Year only from appropriations made by the General Assembly 25 expressly for claims under this subsection. No such claims 26 may be paid from amounts appropriated for any other purpose 27 provided for under this Section. In the event that the 28 appropriation for claims under this subsection is 29 insufficient to meet all Budget Year claims for a general 30 State aid adjustment grant, the appropriation available shall 31 be proportionately prorated by the State Board of Education 32 amongst all districts filing for and entitled to payments. 33 (7) The State Board of Education shall promulgate the 34 required claim forms and rules necessary to implement the HB2518 Enrolled -31- LRB9105168EGfg 1 provisions of this subsection. 2 (O) References. 3 (1) References in other laws to the various subdivisions 4 of Section 18-8 as that Section existed before its repeal and 5 replacement by this Section 18-8.05 shall be deemed to refer 6 to the corresponding provisions of this Section 18-8.05, to 7 the extent that those references remain applicable. 8 (2) References in other laws to State Chapter 1 funds 9 shall be deemed to refer to the supplemental general State 10 aid provided under subsection (H) of this Section. 11 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566; 12 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff. 13 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; revised 14 2-17-99.) 15 Section 20. The Children's Health Insurance Program Act 16 is amended by changing Section 35 as follows: 17 (215 ILCS 106/35) 18 (Section scheduled to be repealed on June 30, 2001) 19 Sec. 35. Funding. 20 (a) This Program is not an entitlement and shall not be 21 construed to create an entitlement. Eligibility for the 22 Program is subject to appropriation of funds by the State and 23 federal governments. Subdivision (a)(2) of Section 25 shall 24 operate and be funded only if subdivision (a)(1) of Section 25 25 is operational and funded. The estimated net State share 26 of appropriated funds for subdivision (a)(2) of Section 25 27 shall be equal to the estimated net State share of 28 appropriated funds for subdivision (a)(1) of Section 25. 29 (b) Any requirement imposed under this Act and any 30 implementation of this Act by the Department shall cease in 31 the event (1) continued receipt of federal funds for 32 implementation of this Act requires an amendment to this Act, HB2518 Enrolled -32- LRB9105168EGfg 1 or (2) federal funds for implementation of the Act are not 2 otherwise available. 3 (c) Payments under this Act shall be appropriated from 4 the General Revenue Fund and other funds that are authorized 5 to be used to reimburse or make medical payments for health 6 care benefits under this Act or Title XXI of the Social 7 Security Act. 8 (d) Benefits under this Act shall be available only as 9 long as the intergovernmental agreements made pursuant to 10 Section 12-4.7 and Article XV of the Illinois Public Aid Code 11 and entered into between the Department and the Cook County 12 Board of Commissioners continue to exist. 13 (Source: P.A. 90-736, eff. 8-12-98.) 14 Section 25. The Illinois Public Aid Code is amended by 15 changing Sections 5-5.4, 10-3.1, 10-8, 10-10, 10-16, 10-19, 16 12-4.11, 12-4.34, 12-9, 12-10, 12-11, 15-2, 15-3, and 15-4 17 and adding Section 12-9.1 as follows: 18 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) 19 Sec. 5-5.4. Standards of Payment - Department of Public 20 Aid. The Department of Public Aid shall develop standards of 21 payment of skilled nursing and intermediate care services in 22 facilities providing such services under this Article which: 23 (1) Provides for the determination of a facility's 24 payment for skilled nursing and intermediate care services on 25 a prospective basis. The amount of the payment rate for all 26 nursing facilities certified under the medical assistance 27 program shall be prospectively established annually on the 28 basis of historical, financial, and statistical data 29 reflecting actual costs from prior years, which shall be 30 applied to the current rate year and updated for inflation, 31 except that the capital cost element for newly constructed 32 facilities shall be based upon projected budgets. The HB2518 Enrolled -33- LRB9105168EGfg 1 annually established payment rate shall take effect on July 1 2 in 1984 and subsequent years. Rate increases shall be 3 provided annually thereafter on July 1 in 1984 and on each 4 subsequent July 1 in the following years, except that no rate 5 increase and no update for inflation shall be provided on or 6 after July 1, 1994 and before July 1, 20001999, unless 7 specifically provided for in this Section. 8 For facilities licensed by the Department of Public 9 Health under the Nursing Home Care Act as Intermediate Care 10 for the Developmentally Disabled facilities or Long Term Care 11 for Under Age 22 facilities, the rates taking effect on July 12 1, 1998 shall include an increase of 3%. For facilities 13 licensed by the Department of Public Health under the Nursing 14 Home Care Act as Skilled Nursing facilities or Intermediate 15 Care facilities, the rates taking effect on July 1, 1998 16 shall include an increase of 3% plus $1.10 per resident-day, 17 as defined by the Department. 18 For facilities licensed by the Department of Public 19 Health under the Nursing Home Care Act as Intermediate Care 20 for the Developmentally Disabled facilities or Long Term Care 21 for Under Age 22 facilities, the rates taking effect on July 22 1, 1999 shall include an increase of 1.6% plus $3.00 per 23 resident-day, as defined by the Department. For facilities 24 licensed by the Department of Public Health under the Nursing 25 Home Care Act as Skilled Nursing facilities or Intermediate 26 Care facilities, the rates taking effect on July 1, 1999 27 shall include an increase of 1.6% and, for services provided 28 on or after October 1, 1999, shall be increased by $4.00 per 29 resident-day, as defined by the Department. 30 Rates established effective each July 1 shall govern 31 payment for services rendered throughout that fiscal year, 32 except that rates established on July 1, 1996 shall be 33 increased by 6.8% for services provided on or after January 34 1, 1997. Such rates will be based upon the rates calculated HB2518 Enrolled -34- LRB9105168EGfg 1 for the year beginning July 1, 1990, and for subsequent years 2 thereafter shall be based on the facility cost reports for 3 the facility fiscal year ending at any point in time during 4 the previous calendar year, updated to the midpoint of the 5 rate year. The cost report shall be on file with the 6 Department no later than April 1 of the current rate year. 7 Should the cost report not be on file by April 1, the 8 Department shall base the rate on the latest cost report 9 filed by each skilled care facility and intermediate care 10 facility, updated to the midpoint of the current rate year. 11 In determining rates for services rendered on and after July 12 1, 1985, fixed time shall not be computed at less than zero. 13 The Department shall not make any alterations of regulations 14 which would reduce any component of the Medicaid rate to a 15 level below what that component would have been utilizing in 16 the rate effective on July 1, 1984. 17 (2) Shall take into account the actual costs incurred by 18 facilities in providing services for recipients of skilled 19 nursing and intermediate care services under the medical 20 assistance program. 21 (3) Shall take into account the medical and 22 psycho-social characteristics and needs of the patients. 23 (4) Shall take into account the actual costs incurred by 24 facilities in meeting licensing and certification standards 25 imposed and prescribed by the State of Illinois, any of its 26 political subdivisions or municipalities and by the United 27 States Department of Health, Education and Welfare pursuant 28 to Title XIX of the Social Security Act. 29 The Department of Public Aid shall develop precise 30 standards for payments to reimburse nursing facilities for 31 any utilization of appropriate rehabilitative personnel for 32 the provision of rehabilitative services which is authorized 33 by federal regulations, including reimbursement for services 34 provided by qualified therapists or qualified assistants, and HB2518 Enrolled -35- LRB9105168EGfg 1 which is in accordance with accepted professional practices. 2 Reimbursement also may be made for utilization of other 3 supportive personnel under appropriate supervision. 4 (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96; 90-9, 5 eff. 7-1-97; 90-588, eff. 7-1-98.) 6 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1) 7 Sec. 10-3.1. Child and Spouse Support Unit. The 8 Illinois Department shall establish within its administrative 9 staff a Child and Spouse Support Unit to search for and 10 locate absent parents and spouses liable for the support of 11 persons resident in this State and to exercise the support 12 enforcement powers and responsibilities assigned the 13 Department by this Article. The unit shall cooperate with 14 all law enforcement officials in this State and with the 15 authorities of other States in locating persons responsible 16 for the support of persons resident in other States and shall 17 invite the cooperation of these authorities in the 18 performance of its duties. 19 In addition to other duties assigned the Child and Spouse 20 Support Unit by this Article, the Unit may refer to the 21 Attorney General or units of local government with the 22 approval of the Attorney General, any actions under Sections 23 10-10 and 10-15 for judicial enforcement of the support 24 liability. The Child and Spouse Support Unit shall act for 25 the Department in referring to the Attorney General support 26 matters requiring judicial enforcement under other laws. If 27 requested by the Attorney General to so act, as provided in 28 Section 12-16, attorneys of the Unit may assist the Attorney 29 General or themselves institute actions in behalf of the 30 Illinois Department under the Revised Uniform Reciprocal 31 Enforcement of Support Act; under the Illinois Parentage Act 32 of 1984; under the Non-Support of Spouse and Children Act; or 33 under any other law, State or Federal, providing for support HB2518 Enrolled -36- LRB9105168EGfg 1 of a spouse or dependent child. 2 The Illinois Department shall also have the authority to 3 enter into agreements with local governmental units or 4 individuals, with the approval of the Attorney General, for 5 the collection of moneys owing because of the failure of a 6 parent to make child support payments for any child receiving 7 services under this Article. Such agreements may be on a 8 contingent fee basis, but such contingent fee shall not 9 exceed 25% of the total amount collected. 10 An attorney who provides representation pursuant to this 11 Section shall represent the Illinois Department exclusively. 12 Regardless of the designation of the plaintiff in an action 13 brought pursuant to this Section, an attorney-client 14 relationship does not exist for purposes of that action 15 between that attorney and (i) an applicant for or recipient 16 of child and spouse support services or (ii) any other party 17 to the action other than the Illinois Department. Nothing in 18 this Section shall be construed to modify any power or duty 19 (including a duty to maintain confidentiality) of the Child 20 and Spouse Support Unit or the Illinois Department otherwise 21 provided by law. 22 The Illinois Department may also enter into agreements 23 with local governmental units for the Child and Spouse 24 Support Unit to exercise the investigative and enforcement 25 powers designated in this Article, including the issuance of 26 administrative orders under Section 10-11, in locating 27 responsible relatives and obtaining support for persons 28 applying for or receiving aid under Article VI. Payments for 29 defrayment of administrative costs and support payments 30 obtained shall be deposited into the DHSPublic Assistance31 Recoveries Trust Fund. Support payments shall be paid over 32 to the General Assistance Fund of the local governmental unit 33 at such time or times as the agreement may specify. 34 With respect to those cases in which it has support HB2518 Enrolled -37- LRB9105168EGfg 1 enforcement powers and responsibilities under this Article, 2 the Illinois Department may provide by rule for periodic or 3 other review of each administrative and court order for 4 support to determine whether a modification of the order 5 should be sought. The Illinois Department shall provide for 6 and conduct such review in accordance with any applicable 7 federal law and regulation. 8 As part of its process for review of orders for support, 9 the Illinois Department, through written notice, may require 10 the responsible relative to disclose his or her Social 11 Security Number and past and present information concerning 12 the relative's address, employment, gross wages, deductions 13 from gross wages, net wages, bonuses, commissions, number of 14 dependent exemptions claimed, individual and dependent health 15 insurance coverage, and any other information necessary to 16 determine the relative's ability to provide support in a case 17 receiving child and spouse support services under this 18 Article X. 19 The Illinois Department may send a written request for 20 the same information to the relative's employer. The 21 employer shall respond to the request for information within 22 15 days after the date the employer receives the request. If 23 the employer willfully fails to fully respond within the 24 15-day period, the employer shall pay a penalty of $100 for 25 each day that the response is not provided to the Illinois 26 Department after the 15-day period has expired. The penalty 27 may be collected in a civil action which may be brought 28 against the employer in favor of the Illinois Department. 29 A written request for information sent to an employer 30 pursuant to this Section shall consist of (i) a citation of 31 this Section as the statutory authority for the request and 32 for the employer's obligation to provide the requested 33 information, (ii) a returnable form setting forth the 34 employer's name and address and listing the name of the HB2518 Enrolled -38- LRB9105168EGfg 1 employee with respect to whom information is requested, and 2 (iii) a citation of this Section as the statutory authority 3 authorizing the employer to withhold a fee of up to $20 from 4 the wages or income to be paid to each responsible relative 5 for providing the information to the Illinois Department 6 within the 15-day period. If the employer is withholding 7 support payments from the responsible relative's income 8 pursuant to an order for withholding, the employer may 9 withhold the fee provided for in this Section only after 10 withholding support as required under the order. Any amounts 11 withheld from the responsible relative's income for payment 12 of support and the fee provided for in this Section shall not 13 be in excess of the amounts permitted under the federal 14 Consumer Credit Protection Act. 15 In a case receiving child and spouse support services, 16 the Illinois Department may request and obtain information 17 from a particular employer under this Section no more than 18 once in any 12-month period, unless the information is 19 necessary to conduct a review of a court or administrative 20 order for support at the request of the person receiving 21 child and spouse support services. 22 The Illinois Department shall establish and maintain an 23 administrative unit to receive and transmit to the Child and 24 Spouse Support Unit information supplied by persons applying 25 for or receiving child and spouse support services under 26 Section 10-1. In addition, the Illinois Department shall 27 address and respond to any alleged deficiencies that persons 28 receiving or applying for services from the Child and Spouse 29 Support Unit may identify concerning the Child and Spouse 30 Support Unit's provision of child and spouse support 31 services. Within 60 days after an action or failure to act by 32 the Child and Spouse Support Unit that affects his or her 33 case, a recipient of or applicant for child and spouse 34 support services under Article X of this Code may request an HB2518 Enrolled -39- LRB9105168EGfg 1 explanation of the Unit's handling of the case. At the 2 requestor's option, the explanation may be provided either 3 orally in an interview, in writing, or both. If the Illinois 4 Department fails to respond to the request for an explanation 5 or fails to respond in a manner satisfactory to the applicant 6 or recipient within 30 days from the date of the request for 7 an explanation, the applicant or recipient may request a 8 conference for further review of the matter by the Office of 9 the Administrator of the Child and Spouse Support Unit. A 10 request for a conference may be submitted at any time within 11 60 days after the explanation has been provided by the Child 12 and Spouse Support Unit or within 60 days after the time for 13 providing the explanation has expired. 14 The applicant or recipient may request a conference 15 concerning any decision denying or terminating child or 16 spouse support services under Article X of this Code, and the 17 applicant or recipient may also request a conference 18 concerning the Unit's failure to provide services or the 19 provision of services in an amount or manner that is 20 considered inadequate. For purposes of this Section, the 21 Child and Spouse Support Unit includes all local governmental 22 units or individuals with whom the Illinois Department has 23 contracted under Section 10-3.1. 24 Upon receipt of a timely request for a conference, the 25 Office of the Administrator shall review the case. The 26 applicant or recipient requesting the conference shall be 27 entitled, at his or her option, to appear in person or to 28 participate in the conference by telephone. The applicant or 29 recipient requesting the conference shall be entitled to be 30 represented and to be afforded a reasonable opportunity to 31 review the Illinois Department's file before or at the 32 conference. At the conference, the applicant or recipient 33 requesting the conference shall be afforded an opportunity to 34 present all relevant matters in support of his or her claim. HB2518 Enrolled -40- LRB9105168EGfg 1 Conferences shall be without cost to the applicant or 2 recipient requesting the conference and shall be conducted by 3 a representative of the Child or Spouse Support Unit who did 4 not participate in the action or inaction being reviewed. 5 The Office of the Administrator shall conduct a 6 conference and inform all interested parties, in writing, of 7 the results of the conference within 60 days from the date of 8 filing of the request for a conference. 9 In addition to its other powers and responsibilities 10 established by this Article, the Child and Spouse Support 11 Unit shall conduct an annual assessment of each institution's 12 program for institution based paternity establishment under 13 Section 12 of the Vital Records Act. 14 (Source: P.A. 90-18, eff. 7-1-97.) 15 (305 ILCS 5/10-8) (from Ch. 23, par. 10-8) 16 Sec. 10-8. Support Payments - Partial Support - Full 17 Support.)The notice to responsible relatives issued 18 pursuant to Section 10-7 shall direct payment (a) to the 19 Illinois Department in cases of applicants and recipients 20 under Articles III, IV, V and VII, (b) except as provided in 21 Section 10-3.1, to the local governmental unit in the case of 22 applicants and recipients under Article VI, and (c) to the 23 Illinois Department in cases of non-applicants and 24 non-recipients given access to the child and spouse support 25 services of this Article, as provided by Section 10-1. 26 However, if the support payments by responsible relatives are 27 sufficient to meet needs of a recipient in full, including 28 current and anticipated medical needs, and the Illinois 29 Department or the local governmental unit, as the case may 30 be, has reasonable grounds to believe that such needs will 31 continue to be provided in full by the responsible relatives, 32 the relatives may be directed to make subsequent support 33 payments to the needy person or to some person or agency in HB2518 Enrolled -41- LRB9105168EGfg 1 his behalf and the recipient shall be removed from the rolls. 2 In such instance the recipient also shall be notified by 3 registered or certified mail of the action taken. If a 4 recipient removed from the rolls requests the Illinois 5 Department to continue to collect the support payments in his 6 behalf, the Department, at its option, may do so and pay 7 amounts so collected to the person. The Department may 8 provide for deducting any costs incurred by it in making the 9 collection from the amount of any recovery made and pay only 10 the net amount to the person. 11 Payments under this Section to the Illinois Department 12 pursuant to the Child Support Enforcement Program established 13 by Title IV-D of the Social Security Act shall be paid into 14 the Child Support Enforcement Trust Fund. Allotherpayments 15 under this Section to the Illinois Department of Human 16 Services shall be deposited in the DHSPublic Assistance17 Recoveries Trust Fund. Disbursements from these funds shall 18 be as provided in Sections 12-9.112-9and 12-10.2 of this 19 Code. Payments received by a local governmental unit shall 20 be deposited in that unit's General Assistance Fund. 21 (Source: P.A. 83-1126.) 22 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10) 23 Sec. 10-10. Court enforcement; applicability also to 24 persons who are not applicants or recipients. Except where 25 the Illinois Department, by agreement, acts for the local 26 governmental unit, as provided in Section 10-3.1, local 27 governmental units shall refer to the State's Attorney or to 28 the proper legal representative of the governmental unit, for 29 judicial enforcement as herein provided, instances of 30 non-support or insufficient support when the dependents are 31 applicants or recipients under Article VI. The Child and 32 Spouse Support Unit established by Section 10-3.1 may 33 institute in behalf of the Illinois Department any actions HB2518 Enrolled -42- LRB9105168EGfg 1 under this Section for judicial enforcement of the support 2 liability when the dependents are (a) applicants or 3 recipients under Articles III, IV, V or VII (b) applicants or 4 recipients in a local governmental unit when the Illinois 5 Department, by agreement, acts for the unit; or (c) 6 non-applicants or non-recipients who are receiving support 7 enforcement services under this Article X, as provided in 8 Section 10-1. Where the Child and Spouse Support Unit has 9 exercised its option and discretion not to apply the 10 provisions of Sections 10-3 through 10-8, the failure by the 11 Unit to apply such provisions shall not be a bar to bringing 12 an action under this Section. 13 Action shall be brought in the circuit court to obtain 14 support, or for the recovery of aid granted during the period 15 such support was not provided, or both for the obtainment of 16 support and the recovery of the aid provided. Actions for 17 the recovery of aid may be taken separately or they may be 18 consolidated with actions to obtain support. Such actions 19 may be brought in the name of the person or persons requiring 20 support, or may be brought in the name of the Illinois 21 Department or the local governmental unit, as the case 22 requires, in behalf of such persons. 23 The court may enter such orders for the payment of moneys 24 for the support of the person as may be just and equitable 25 and may direct payment thereof for such period or periods of 26 time as the circumstances require, including support for a 27 period before the date the order for support is entered. The 28 order may be entered against any or all of the defendant 29 responsible relatives and may be based upon the proportionate 30 ability of each to contribute to the person's support. 31 The Court shall determine the amount of child support 32 (including child support for a period before the date the 33 order for child support is entered) by using the guidelines 34 and standards set forth in subsection (a) of Section 505 and HB2518 Enrolled -43- LRB9105168EGfg 1 in Section 505.2 of the Illinois Marriage and Dissolution of 2 Marriage Act. For purposes of determining the amount of child 3 support to be paid for a period before the date the order for 4 child support is entered, there is a rebuttable presumption 5 that the responsible relative's net income for that period 6 was the same as his or her net income at the time the order 7 is entered. 8 An order entered under this Section shall include a 9 provision requiring the obligor to report to the obligee and 10 to the clerk of court within 10 days each time the obligor 11 obtains new employment, and each time the obligor's 12 employment is terminated for any reason. The report shall be 13 in writing and shall, in the case of new employment, include 14 the name and address of the new employer. Failure to report 15 new employment or the termination of current employment, if 16 coupled with nonpayment of support for a period in excess of 17 60 days, is indirect criminal contempt. For any obligor 18 arrested for failure to report new employment bond shall be 19 set in the amount of the child support that should have been 20 paid during the period of unreported employment. An order 21 entered under this Section shall also include a provision 22 requiring the obligor and obligee parents to advise each 23 other of a change in residence within 5 days of the change 24 except when the court finds that the physical, mental, or 25 emotional health of a party or that of a minor child, or 26 both, would be seriously endangered by disclosure of the 27 party's address. 28 The Court shall determine the amount of maintenance using 29 the standards set forth in Section 504 of the Illinois 30 Marriage and Dissolution of Marriage Act. 31 Any new or existing support order entered by the court 32 under this Section shall be deemed to be a series of 33 judgments against the person obligated to pay support 34 thereunder, each such judgment to be in the amount of each HB2518 Enrolled -44- LRB9105168EGfg 1 payment or installment of support and each such judgment to 2 be deemed entered as of the date the corresponding payment or 3 installment becomes due under the terms of the support order. 4 Each such judgment shall have the full force, effect and 5 attributes of any other judgment of this State, including the 6 ability to be enforced. Any such judgment is subject to 7 modification or termination only in accordance with Section 8 510 of the Illinois Marriage and Dissolution of Marriage Act. 9 A lien arises by operation of law against the real and 10 personal property of the noncustodial parent for each 11 installment of overdue support owed by the noncustodial 12 parent. 13 When an order is entered for the support of a minor, the 14 court may provide therein for reasonable visitation of the 15 minor by the person or persons who provided support pursuant 16 to the order. Whoever willfully refuses to comply with such 17 visitation order or willfully interferes with its enforcement 18 may be declared in contempt of court and punished therefor. 19 Except where the local governmental unit has entered into 20 an agreement with the Illinois Department for the Child and 21 Spouse Support Unit to act for it, as provided in Section 22 10-3.1, support orders entered by the court in cases 23 involving applicants or recipients under Article VI shall 24 provide that payments thereunder be made directly to the 25 local governmental unit. Orders for the support of all other 26 applicants or recipients shall provide that payments 27 thereunder be made directly to the Illinois Department. In 28 accordance with federal law and regulations, the Illinois 29 Department may continue to collect current maintenance 30 payments or child support payments, or both, after those 31 persons cease to receive public assistance and until 32 termination of services under Article X. The Illinois 33 Department shall pay the net amount collected to those 34 persons after deducting any costs incurred in making the HB2518 Enrolled -45- LRB9105168EGfg 1 collection or any collection fee from the amount of any 2 recovery made. In both cases the order shall permit the 3 local governmental unit or the Illinois Department, as the 4 case may be, to direct the responsible relative or relatives 5 to make support payments directly to the needy person, or to 6 some person or agency in his behalf, upon removal of the 7 person from the public aid rolls or upon termination of 8 services under Article X. 9 If the notice of support due issued pursuant to Section 10 10-7 directs that support payments be made directly to the 11 needy person, or to some person or agency in his behalf, and 12 the recipient is removed from the public aid rolls, court 13 action may be taken against the responsible relative 14 hereunder if he fails to furnish support in accordance with 15 the terms of such notice. 16 Actions may also be brought under this Section in behalf 17 of any person who is in need of support from responsible 18 relatives, as defined in Section 2-11 of Article II who is 19 not an applicant for or recipient of financial aid under this 20 Code. In such instances, the State's Attorney of the county 21 in which such person resides shall bring action against the 22 responsible relatives hereunder. If the Illinois Department, 23 as authorized by Section 10-1, extends the support services 24 provided by this Article to spouses and dependent children 25 who are not applicants or recipients under this Code, the 26 Child and Spouse Support Unit established by Section 10-3.1 27 shall bring action against the responsible relatives 28 hereunder and any support orders entered by the court in such 29 cases shall provide that payments thereunder be made directly 30 to the Illinois Department. 31 Whenever it is determined in a proceeding to establish or 32 enforce a child support or maintenance obligation that the 33 person owing a duty of support is unemployed, the court may 34 order the person to seek employment and report periodically HB2518 Enrolled -46- LRB9105168EGfg 1 to the court with a diary, listing or other memorandum of his 2 or her efforts in accordance with such order. Additionally, 3 the court may order the unemployed person to report to the 4 Department of Employment Security for job search services or 5 to make application with the local Jobs Training Partnership 6 Act provider for participation in job search, training or 7 work programs and where the duty of support is owed to a 8 child receiving support services under this Article X, the 9 court may order the unemployed person to report to the 10 Illinois Department for participation in job search, training 11 or work programs established under Section 9-6 and Article 12 IXA of this Code. 13 Whenever it is determined that a person owes past-due 14 support for a child receiving assistance under this Code, the 15 court shall order at the request of the Illinois Department: 16 (1) that the person pay the past-due support in 17 accordance with a plan approved by the court; or 18 (2) if the person owing past-due support is 19 unemployed, is subject to such a plan, and is not 20 incapacitated, that the person participate in such job 21 search, training, or work programs established under 22 Section 9-6 and Article IXA of this Code as the court 23 deems appropriate. 24 A determination under this Section shall not be 25 administratively reviewable by the procedures specified in 26 Sections 10-12, and 10-13 to 10-13.10. Any determination 27 under these Sections, if made the basis of court action under 28 this Section, shall not affect the de novo judicial 29 determination required under this Section. 30 A one-time charge of 20% is imposable upon the amount of 31 past-due child support owed on July 1, 1988 which has accrued 32 under a support order entered by the court. The charge shall 33 be imposed in accordance with the provisions of Section 10-21 34 of this Code and shall be enforced by the court upon HB2518 Enrolled -47- LRB9105168EGfg 1 petition. 2 All orders for support, when entered or modified, shall 3 include a provision requiring the non-custodial parent to 4 notify the court and, in cases in which a party is receiving 5 child and spouse support services under this Article X, the 6 Illinois Department, within 7 days, (i) of the name, address, 7 and telephone number of any new employer of the non-custodial 8 parent, (ii) whether the non-custodial parent has access to 9 health insurance coverage through the employer or other group 10 coverage and, if so, the policy name and number and the names 11 of persons covered under the policy, and (iii) of any new 12 residential or mailing address or telephone number of the 13 non-custodial parent. In any subsequent action to enforce a 14 support order, upon a sufficient showing that a diligent 15 effort has been made to ascertain the location of the 16 non-custodial parent, service of process or provision of 17 notice necessary in the case may be made at the last known 18 address of the non-custodial parent in any manner expressly 19 provided by the Code of Civil Procedure or this Code, which 20 service shall be sufficient for purposes of due process. 21in accordance with the Income Withholding for Support Act22 An order for support shall include a date on which the 23 current support obligation terminates. The termination date 24 shall be no earlier than the date on which the child covered 25 by the order will attain the age of majority or is otherwise 26 emancipated. The order for support shall state that the 27 termination date does not apply to any arrearage that may 28 remain unpaid on that date. Nothing in this paragraph shall 29 be construed to prevent the court from modifying the order. 30 Upon notification in writing or by electronic 31 transmission from the Illinois Department to the clerk of the 32 court that a person who is receiving support payments under 33 this Section is receiving services under the Child Support 34 Enforcement Program established by Title IV-D of the Social HB2518 Enrolled -48- LRB9105168EGfg 1 Security Act, any support payments subsequently received by 2 the clerk of the court shall be transmitted in accordance 3 with the instructions of the Illinois Department until the 4 Illinois Department gives notice to the clerk of the court to 5 cease the transmittal. After providing the notification 6 authorized under this paragraph, the Illinois Department 7 shall be entitled as a party to notice of any further 8 proceedings in the case. The clerk of the court shall file a 9 copy of the Illinois Department's notification in the court 10 file. The clerk's failure to file a copy of the 11 notification in the court file shall not, however, affect the 12 Illinois Department's right to receive notice of further 13 proceedings. 14 Payments under this Section to the Illinois Department 15 pursuant to the Child Support Enforcement Program established 16 by Title IV-D of the Social Security Act shall be paid into 17 the Child Support Enforcement Trust Fund. Allotherpayments 18 under this Section to the Illinois Department of Human 19 Services shall be deposited in the DHSPublic Assistance20 Recoveries Trust Fund. Disbursements from these funds shall 21 be as provided in Sections 12-9.112-9and 12-10.2 of this 22 Code. Payments received by a local governmental unit shall 23 be deposited in that unit's General Assistance Fund. 24 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 25 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff. 26 8-14-98; revised 9-14-98.) 27 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16) 28 Sec. 10-16. Judicial enforcement of court and 29 administrative support orders.)Court orders entered in 30 proceedings under Section 10-10 and court orders for 31 enforcement of an administrative order under Section 10-15 32 and for the payment of money may be enforced by attachment as 33 for contempt against the persons of the defendants, and in HB2518 Enrolled -49- LRB9105168EGfg 1 addition, as other judgments for the payment of money, and 2 costs may be adjudged against the defendants and apportioned 3 among them; but if the complaint is dismissed, costs shall be 4 borne by the Illinois Department or the local governmental 5 unit, as the case may be. If a responsible relative is 6 directed by the Illinois Department, or the local 7 governmental unit, under the conditions stated in Section 8 10-8, to make support payments directly to the person, or to 9 some person or agency in his behalf, the court order entered 10 against him under this Section or Section 10-10 may be 11 enforced as herein provided if he thereafter fails to furnish 12 support in accordance with its terms. The State of Illinois 13 shall not be required to make a deposit for or pay any costs 14 or fees of any court or officer thereof in any proceeding 15 instituted under this Section. 16 The provisions of the Civil Practice Law, and all 17 amendments and modifications thereof, shall apply to and 18 govern all actions instituted under this Section and Section 19 10-10. In such actions proof that a person is an applicant 20 for or recipient of public aid under any Article of this Code 21 shall be prima facie proof that he is a person in necessitous 22 circumstances by reason of infirmity, unemployment or other 23 cause depriving him of the means of a livelihood compatible 24 with health and well-being. 25 Payments under this Section to the Illinois Department 26 pursuant to the Child Support Enforcement Program established 27 by Title IV-D of the Social Security Act shall be paid into 28 the Child Support Enforcement Trust Fund. Allotherpayments 29 under this Section to the Illinois Department of Human 30 Services shall be deposited in the DHSPublic Assistance31 Recoveries Trust Fund. Disbursements from these funds shall 32 be as provided in Sections 12-9.112-9and 12-10.2 of this 33 Code. Payments received by a local governmental unit shall 34 be deposited in that unit's General Assistance Fund. HB2518 Enrolled -50- LRB9105168EGfg 1 In addition to the penalties or punishment that may be 2 imposed under this Section, any person whose conduct 3 constitutes a violation of Section 1 of the Non-Support of 4 Spouse and Children Act may be prosecuted under that Section, 5 and a person convicted under that Section may be sentenced in 6 accordance with that Section. The sentence may include but 7 need not be limited to a requirement that the person perform 8 community service under subsection (b) of that Section or 9 participate in a work alternative program under subsection 10 (c) of that Section. A person may not be required to 11 participate in a work alternative program under subsection 12 (c) of that Section if the person is currently participating 13 in a work program pursuant to Section 10-11.1 of this Code. 14 (Source: P.A. 90-733, eff. 8-11-98.) 15 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19) 16 Sec. 10-19.(Support Payments Ordered Under Other Laws - 17 Where Deposited.)The Illinois Department and local 18 governmental units are authorized to receive payments 19 directed by court order for the support of recipients, as 20 provided in the following Acts: 21 1. "Non-Support of Spouse and Children Act", approved 22 June 24, 1915, as amended, 23 2. "Illinois Marriage and Dissolution of Marriage Act", 24 as now or hereafter amended, 25 3. The Illinois Parentage Act, as amended, 26 4. "Revised Uniform Reciprocal Enforcement of Support 27 Act", approved August 28, 1969, as amended, 28 5. The Juvenile Court Act or the Juvenile Court Act of 29 1987, as amended, 30 6. The "Unified Code of Corrections", approved July 26, 31 1972, as amended, 32 7. Part 7 of Article XII of the Code of Civil Procedure, 33 as amended, HB2518 Enrolled -51- LRB9105168EGfg 1 8. Part 8 of Article XII of the Code of Civil Procedure, 2 as amended, and 3 9. Other laws which may provide by judicial order for 4 direct payment of support moneys. 5 Payments under this Section to the Illinois Department 6 pursuant to the Child Support Enforcement Program established 7 by Title IV-D of the Social Security Act shall be paid into 8 the Child Support Enforcement Trust Fund. Allotherpayments 9 under this Section to the Illinois Department of Human 10 Services shall be deposited in the DHSPublic Assistance11 Recoveries Trust Fund. Disbursements from these funds shall 12 be as provided in Sections 12-9.112-9and 12-10.2 of this 13 Code. Payments received by a local governmental unit shall 14 be deposited in that unit's General Assistance Fund. 15 (Source: P.A. 86-1028.) 16 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11) 17 Sec. 12-4.11. Grant amounts. The Department, with due 18 regard for and subject to budgetary limitations, shall 19 establish grant amounts for each of the programs, by 20 regulation. The grant amounts may vary by program, size of 21 assistance unit and geographic area. 22 Aid payments shall not be reduced except: (1) for changes 23 in the cost of items included in the grant amounts, or (2) 24 for changes in the expenses of the recipient, or (3) for 25 changes in the income or resources available to the 26 recipient, or (4) for changes in grants resulting from 27 adoption of a consolidated grant amount. 28 In fixing standards to govern payments or reimbursements 29 for funeral and burial expenses, the Department shall take 30 into account the services essential to a dignified, low-cost 31 funeral and burial, includingbut no payment shall be32authorized from public aid funds for the funeral in excess of33$650, exclusive ofreasonable amounts thatasmay be HB2518 Enrolled -52- LRB9105168EGfg 1 necessary for burial space and cemetery charges, and any 2 applicable taxes or other required governmental fees or 3 charges.The Department shall authorize no payment in excess4of $325 for a cemetery burial.5 Nothing contained in this Section or in any other Section 6 of this Code shall be construed to prohibit the Illinois 7 Department (1) from consolidating existing standards on the 8 basis of any standards which are or were in effect on, or 9 subsequent to July 1, 1969, or (2) from employing any 10 consolidated standards in determining need for public aid and 11 the amount of money payment or grant for individual 12 recipients or recipient families. 13 (Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97; 14 90-326, eff. 8-8-97; 90-372, eff. 7-1-98; 90-655, eff. 15 7-30-98.) 16 (305 ILCS 5/12-4.34) 17 (Section scheduled to be repealed on August 31, 1999) 18 Sec. 12-4.34. Services to noncitizens. 19 (a) Subject to specific appropriation for this purpose 20 and notwithstanding Sections 1-11 and 3-1 of this Code, the 21 Department of Human Services is authorized to provide 22 services to legal immigrants, including but not limited to 23 naturalization and nutrition services and financial 24 assistance. The nature of these services, payment levels, 25 and eligibility conditions shall be determined by rule. 26 (b) The Illinois Department is authorized to lower the 27 payment levels established under this subsection or take such 28 other actions during the fiscal year as are necessary to 29 ensure that payments under this subsection do not exceed the 30 amounts appropriated for this purpose. These changes may be 31 accomplished by emergency rule under Section 5-45 of the 32 Illinois Administrative Procedure Act, except that the 33 limitation on the number of emergency rules that may be HB2518 Enrolled -53- LRB9105168EGfg 1 adopted in a 24-month period shall not apply. 2 (c) This Section is repealed on August 31, 20001999. 3 (Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98.) 4 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9) 5 Sec. 12-9. Public AidAssistanceRecoveries Trust Fund; 6 uses. The Public AidAssistanceRecoveries Trust Fund shall 7 consist of (1) recoveries by the Illinois Department of 8 Public Aid authorized by this Code in respect to applicants 9 or recipients under Articles III, IV, V, and VIand VII, 10 including recoveries made by the Illinois Department of 11 Public Aid from the estates of deceased recipients, (2) 12 recoveries made by the Illinois Department of Public Aid in 13 respect to applicants and recipients under the Children's 14 Health Insurance Program, and (3) federal funds received on 15 behalf of and earned by local governmental entities for 16 services provided to applicants or recipients covered under 17 this Code.and payments received by the Illinois Department18under Sections 10-3.1, 10-8, 10-10, 10-16, and 10-19 except19those pursuant to the Child Support Enforcement Program20established by Title IV-D of the Social Security Act and21required to be paid into the Child Support Enforcement Trust22Fund under Section 12-10.2 of this Code, that are required by23such Sections to be paid into the Public Assistance24Recoveries Trust Fund. Until July 1, 1998, this Fund shall be25held by the State treasurer as ex-officio custodian outside26the State treasury. After June 30, 1998,The Fund shall be 27 held as a special fund in the State Treasury. 28 Disbursements from this Fund shall be only (1) for the 29 reimbursement of claims collected by the Illinois Department 30 of Public Aid through error or mistake, (2) for payment to 31 persons or agencies designated as payees or co-payees on any 32 instrument, whether or not negotiable, delivered to the 33 Illinois Department of Public Aid as a recovery under this HB2518 Enrolled -54- LRB9105168EGfg 1 Section, such payment to be in proportion to the respective 2 interests of the payees in the amount so collected, (3) for 3 payments to the Department of Human Services for collections 4 made by the Illinois Department of Public Aid on behalf of 5 the Department of Human Services under this Code, (4)for6payments to non-recipients, or to former recipients of7financial aid of the collections which are made in their8behalf under Article X except those pursuant to the Child9Support Enforcement Program established by Title IV-D of the10Social Security Act required to be paid from the Child11Support Enforcement Trust Fund under Section 12-10.2 of this12Code, (4) for payment to local governmental units of support13payments collected by the Illinois Department pursuant to an14agreement under Section 10-3.1, (5)for payment of 15 administrative expenses incurred in performing the activities 16 authorized under this Code, (5)by Article X except those17pursuant to the Child Support Enforcement Program established18by Title IV-D of the Social Security Act required to be paid19from the Child Support Enforcement Trust Fund under Section2012-10.2 of this Code, (6)for payment of fees to persons or 21 agencies in the performance of activities pursuant to the 22 collection of monies owed the State that are collected under 23 this Code, (6)except those monies pursuant to the Child24Support Enforcement Program established by Title IV-D of the25Social Security Act required to be paid from the Child26Support Enforcement Trust Fund under Section 12-10.2 of this27Code, (7)for payments of any amounts which are reimbursable 28 to the federal government which are required to be paid by 29 State warrant by either the State or federal government, and 30 (7) for payments to local governmental entities of federal 31 funds for services provided to applicants or recipients 32 covered under this Code.(8) for disbursements to attorneys33or advocates for legal representation in an appeal of any34claim for federal Supplemental Security Income benefitsHB2518 Enrolled -55- LRB9105168EGfg 1before an administrative law judge as provided for in Section23-13 of this Code. Until July 1, 1998, disbursements from3this Fund shall be by warrants drawn by the State Comptroller4as receipt of vouchers duly executed and certified by the5Illinois Department. After June 30, 1998,Disbursements 6 from this Fund for purposes of items (4) and (5), (6), and7(8)of this paragraph shall be subject to appropriations from 8 the Fund to the Illinois Department of Public Aid. 9 The balance in this Fund on the first day of each 10 calendar quarter, after payment therefrom of any amounts 11 reimbursable to the federal government, and minus the amount 12 reasonably anticipated to be needed to make the disbursements 13 during that quarter authorized by this Section, shall be 14 certified by the Director of the Illinois Department of 15 Public Aid and transferred by the State Comptroller to the 16 General Revenue Fund in the State Treasury within 30 days of 17 the first day of each calendar quarter. 18 On July 1, 1999, the State Comptroller shall transfer the 19 sum of $5,000,000 from the Public Aid Recoveries Trust Fund 20 (formerly the Public Assistance Recoveries Trust Fund) into 21 the DHS Recoveries Trust Fund. 22 (Source: P.A. 90-255, eff. 1-1-98.) 23 (305 ILCS 5/12-9.1 new) 24 Sec. 12-9.1. DHS Recoveries Trust Fund; uses. The DHS 25 Recoveries Trust Fund shall consist of recoveries authorized 26 by this Code in respect to applicants or recipients under 27 Articles III, IV, and VI, including recoveries from the 28 estates of deceased recipients, and payments received by the 29 Illinois Department of Human Services under Sections 10-3.1, 30 10-8, 10-10, 10-16, 10-19, and 12-9 that are required by 31 those Sections to be paid into the DHS Recoveries Trust Fund. 32 This Fund shall be held as a special fund in the State 33 Treasury. HB2518 Enrolled -56- LRB9105168EGfg 1 Disbursements from the Fund shall be only (1) for the 2 reimbursement of claims collected by the Illinois Department 3 of Human Services through error or mistake, (2) for payment 4 to persons or agencies designated as payees or co-payees on 5 any instrument, whether or not negotiable, delivered to the 6 Illinois Department of Human Services as a recovery under 7 this Section, such payment to be in proportion to the 8 respective interests of the payees in the amount so 9 collected, (3) for payments to non-recipients, or to former 10 recipients of financial aid of the collections which are made 11 in their behalf under Article X, (4) for payment to local 12 governmental units of support payments collected by the 13 Illinois Department of Human Services pursuant to an 14 agreement under Section 10-3.1, (5) for payment of 15 administrative expenses incurred in performing the activities 16 authorized by Article X, (6) for payment of fees to person or 17 agencies in the performance of activities pursuant to the 18 collection of moneys owed the State, (7) for payments of any 19 amounts which are reimbursable to the federal government 20 which are required to be paid by State warrant by either the 21 State or federal government, and (8) for disbursements to 22 attorneys or advocates for legal representation in an appeal 23 of any claim for federal Supplemental Security Income 24 benefits before an administrative law judge as provided for 25 in Section 3-13 of this Code. Disbursements from the Fund 26 for purposes of items (5), (6), and (8) of this paragraph 27 shall be subject to appropriations from the Fund to the 28 Illinois Department of Human Services. 29 The balance in the Fund on the first day of each calendar 30 quarter, after payment therefrom of any amounts reimbursable 31 to the federal government, and minus the amount reasonably 32 anticipated to be needed to make the disbursements during 33 that quarter authorized by this Section, shall be certified 34 by the Secretary of Human Services and transferred by the HB2518 Enrolled -57- LRB9105168EGfg 1 State Comptroller to the General Revenue Fund within 30 days 2 after the first day of each calendar quarter. 3 (305 ILCS 5/12-10) (from Ch. 23, par. 12-10) 4 Sec. 12-10. Special Purposes Trust Fund; uses. The 5 Special Purposes Trust Fund, to be held outside the State 6 Treasury by the State Treasurer as ex-officio custodian, 7 shall consist of (1) any federal grants received under 8 Section 12-4.6 that are not required by Section 12-5 to be 9 paid into the General Revenue Fund or transferred into the 10 Local Initiative Fund under Section 12-10.1 or deposited in 11 the Employment and Training Fund under Section 12-10.3 or in 12 the special account established and maintained in that Fund 13 as provided in that Section; (2) grants, gifts or legacies of 14 moneys or securities received under Section 12-4.18; (3) 15 grants received under Section 12-4.19; and (4) funds for 16 child care and development services. Disbursements from this 17 Fund shall be only for the purposes authorized by the 18 aforementioned Sections. 19 Disbursements from this Fund shall be by warrants drawn 20 by the State Comptroller on receipt of vouchers duly executed 21 and certified by the Illinois Department of Human Services, 22 including payment to the Health Insurance Reserve Fund for 23 group insurance costs at the rate certified by the Department 24 of Central Management Services. 25 All federal monies received as reimbursement for 26 expenditures from the General Revenue Fund, and which were 27 made for the purposes authorized for expenditures from the 28 Special Purposes Trust Fund, shall be deposited by the 29 Department into the General Revenue Fund. 30 (Source: P.A. 90-587, eff. 7-1-98.) 31 (305 ILCS 5/12-11) (from Ch. 23, par. 12-11) 32 Sec. 12-11. Deposits by State Treasurer. The State HB2518 Enrolled -58- LRB9105168EGfg 1 Treasurer shall deposit moneys received by him as ex-officio 2 custodian ofthe Public Assistance Recoveries Trust Fund3(until July 1, 1998),the Child Support Enforcement Trust 4 Fund and the Special Purposes Trust Fund in banks or savings 5 and loan associations which have been approved by him as 6 State Depositaries under the Deposit of State Moneys Act, and 7 with respect to such moneys shall be entitled to the same 8 rights and privileges as are provided by such Act with 9 respect to moneys in the treasury of the State of Illinois. 10 (Source: P.A. 90-255, eff. 1-1-98.) 11 (305 ILCS 5/15-2) (from Ch. 23, par. 15-2) 12 Sec. 15-2. County Provider Trust Fund. 13 (a) There is created in the State Treasury the County 14 Provider Trust Fund. Interest earned by the Fund shall be 15 credited to the Fund. The Fund shall not be used to replace 16 any funds appropriated to the Medicaid program by the General 17 Assembly. 18 (b) The Fund is created solely for the purposes of 19 receiving, investing, and distributing monies in accordance 20 with this Article XV. The Fund shall consist of: 21 (1) All monies collected or received by the 22 Illinois Department under Section 15-3 of this Code; 23 (2) All federal financial participation monies 24 received by the Illinois Department pursuant to Title XIX 25 of the Social Security Act, 42 U.S.C. 1396(b), 26 attributable to eligible expenditures made by the 27 Illinois Department pursuant to Section 15-5 of this 28 Code; 29 (3) All federal moneys received by the Illinois 30 Department pursuant to Title XXI of the Social Security 31 Act attributable to eligible expenditures made by the 32 Illinois Department pursuant to Section 15-5 of this 33 Code; and HB2518 Enrolled -59- LRB9105168EGfg 1 (4) All other monies received by the Fund from any 2 source, including interest thereon. 3 (c) Disbursements from the Fund shall be by warrants 4 drawn by the State Comptroller upon receipt of vouchers duly 5 executed and certified by the Illinois Department and shall 6 be made only: 7 (1) For hospital inpatient care, hospital 8 outpatient care, care provided by other outpatient 9 facilities operated by a county, and disproportionate 10 share hospital payments made under Title XIX of the 11 Social Security Act and Article V of this Code as 12 required by Section 15-5 of this Code; 13 (1.5) For services provided by county providers 14 pursuant to Section 5-11 or 5-16.3 of this Code; 15 (2) For the reimbursement of administrative 16 expenses incurred by county providers on behalf of the 17 Illinois Department as permitted by Section 15-4 of this 18 Code; 19 (3) For the reimbursement of monies received by the 20 Fund through error or mistake; 21 (4) For the payment of administrative expenses 22 necessarily incurred by the Illinois Department or its 23 agent in performing the activities required by this 24 Article XV;and25 (5) For the payment of any amounts that are 26 reimbursable to the federal government, attributable 27 solely to the Fund, and required to be paid by State 28 warrant; and 29 (6) For hospital inpatient care, hospital 30 outpatient care, care provided by other outpatient 31 facilities operated by a county, and disproportionate 32 share hospital payments made under Title XXI of the 33 Social Security Act, pursuant to Section 15-5 of this 34 Code. HB2518 Enrolled -60- LRB9105168EGfg 1 (Source: P.A. 90-618, eff. 7-10-98.) 2 (305 ILCS 5/15-3) (from Ch. 23, par. 15-3) 3 Sec. 15-3. Intergovernmental Transfers. 4 (a) Each qualifying county shall make an annual 5 intergovernmental transfer to the Illinois Department in an 6 amount equal to 71.7% of the difference between the total 7 payments made by the Illinois Department to such county 8 provider for hospital services under TitlesTitleXIX and XXI 9 of the Social Security Act or pursuant to Section 5-11 or 10 5-16.3 of this Code in each fiscal year ending June 30 (or 11 fraction thereof during the fiscal year ending June 30, 1993) 12 and $108,800,000 (or fraction thereof), except that the 13 annual intergovernmental transfer shall not exceed the total 14 payments made by the Illinois Department to such county 15 provider for hospital services under this Code or pursuant to 16 Section 5-16.3 of this Code, less the sum of (i) 50% of 17 payments reimbursable underTitle XIX ofthe Social Security 18 Act at a rate of 50% and (ii) 65% of payments reimbursable 19 under the Social Security Act at a rate of 65%, in each 20 fiscal year ending June 30 (or fraction thereof). 21 (b) The payment schedule for the intergovernmental 22 transfer made hereunder shall be established by 23 intergovernmental agreement between the Illinois Department 24 and the applicable county, which agreement shall at a minimum 25 provide: 26 (1) For periodic payments no less frequently than 27 monthly to the county provider for inpatient and 28 outpatient approved or adjudicated claims and for 29 disproportionate share payments under Section 5-5.02 of 30 this Code (in the initial year, for services after July 31 1, 1991, or such other date as an approved State Medical 32 Assistance Plan shall provide) and to the county provider 33 pursuant to Section 5-16.3 of this Code. HB2518 Enrolled -61- LRB9105168EGfg 1 (2) For periodic payments no less frequently than 2 monthly to the county provider for supplemental 3 disproportionate share payments hereunder based on a 4 federally approved State Medical Assistance Plan. 5 (3) For calculation of the intergovernmental 6 transfer payment to be made by the county equal to 71.7% 7 of the difference between the amount of the periodic 8 payment and the base amount; provided, however, that if 9 the periodic payment for any period is less than the base 10 amount for such period, the base amount for the 11 succeeding period (and any successive period if 12 necessary) shall be increased by the amount of such 13 shortfall. 14 (4) For an intergovernmental transfer methodology 15 which obligates the Illinois Department to notify the 16 county and county provider in writing of each impending 17 periodic payment and the intergovernmental transfer 18 payment attributable thereto and which obligates the 19 Comptroller to release the periodic payment to the county 20 provider within one working day of receipt of the 21 intergovernmental transfer payment from the county. 22 (Source: P.A. 90-618, eff. 7-10-98.) 23 (305 ILCS 5/15-4) (from Ch. 23, par. 15-4) 24 Sec. 15-4. Contractual assumption of certain expenses. 25 Hospitals may, at their election, by written agreement 26 between the counties owning and operating the hospitals and 27 the Illinois Department, assume specified expenses of the 28 operation of the Illinois Department associated with the 29 determination of eligibility, direct payment of which 30 expenses by the Illinois Department would qualify as public 31 funds expended by the Illinois Department for the Illinois 32 Medical Assistance Program or other health care programs 33 administered by the Illinois Department. The Illinois HB2518 Enrolled -62- LRB9105168EGfg 1 Department shall open an adequately staffed special on-site 2 office or offices at facilities designated by the county for 3 the purpose of assisting the county in ensuring that all 4 eligible individuals are enrolled in the Illinois Medical 5 Assistance Program and, to the extent that enrollment into 6 the integrated health care program established under Section 7 5-16.3 of this Code is conducted at local public assistance 8 offices in the county, for the purpose of enrollment of 9 persons into any managed health care entity operated by the 10 county. The enrollment process shall meet the requirements 11 of subsection (e) of Section 5-16.3. Each such agreement, 12 executed in accordance with Section 3 of the 13 Intergovernmental Cooperation Act, shall describe the 14 operational expenses to be assumed in sufficient detail to 15 permit the Illinois Department to certify upon such written 16 obligation or performance thereunder that the hospital's 17 compliance with the terms of the agreement will amount to the 18 commitment of public funds eligible for the federal financial 19 participation or other federal funding called for in Title 20 XIX or Title XXI of the Social Security Act. 21 (Source: P.A. 87-13; 88-554, eff. 7-26-94.) 22 Section 30. The Illinois Marriage and Dissolution of 23 Marriage Act is amended by changing Sections 705 and 709 as 24 follows: 25 (750 ILCS 5/705) (from Ch. 40, par. 705) 26 Sec. 705. Support payments; receiving and disbursing 27 agents. 28 (1) The provisions of this Section shall apply, except 29 as provided in Sections 709 through 712. 30 (2) In a dissolution of marriage action filed in a 31 county of less than 3 million population in which an order or 32 judgment for child support is entered, and in supplementary HB2518 Enrolled -63- LRB9105168EGfg 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 HB2518 Enrolled -64- LRB9105168EGfg 1 Aid shall pay the net amount collected to those persons after 2 deducting any costs incurred in making the collection or any 3 collection fee from the amount of any recovery made. The 4 order shall permit the Illinois Department of Public Aid or 5 the local governmental unit, as the case may be, to direct 6 that payments be made directly to the former spouse, the 7 children, or both, or to some person or agency in their 8 behalf, upon removal of the former spouse or children from 9 the public aid rolls or upon termination of services under 10 Article X of the Illinois Public Aid Code; and upon such 11 direction, the Illinois Department or local governmental 12 unit, as the case requires, shall give notice of such action 13 to the court in writing or by electronic transmission. 14 (5) All clerks of the court and the Court Service 15 Division of a County Department of Public Aid and, after the 16 effective date of this Act, all clerks of the court and the 17 Illinois Department of Public Aid, receiving child support 18 payments under subsections (2) and (3) of this Section shall 19 disburse the payments to the person or persons entitled 20 thereto under the terms of the order or judgment. They shall 21 establish and maintain current records of all moneys received 22 and disbursed and of defaults and delinquencies in required 23 payments. The court, by order or rule, shall make provision 24 for the carrying out of these duties. 25in effect in accordance with the Income Withholding for26Support27 Upon notification in writing or by electronic 28 transmission from the Illinois Department of Public Aid to 29 the clerk of the court that a person who is receiving support 30 payments under this Section is receiving services under the 31 Child Support Enforcement Program established by Title IV-D 32 of the Social Security Act, any support payments subsequently 33 received by the clerk of the court shall be transmitted in 34 accordance with the instructions of the Illinois Department HB2518 Enrolled -65- LRB9105168EGfg 1 of Public Aid until the Department gives notice to the clerk 2 of the court to cease the transmittal. After providing the 3 notification authorized under this paragraph, the Illinois 4 Department of Public Aid shall be entitled as a party to 5 notice of any further proceedings in the case. The clerk of 6 the court shall file a copy of the Illinois Department of 7 Public Aid's notification in the court file. The failure of 8 the clerk to file a copy of the notification in the court 9 file shall not, however, affect the Illinois Department of 10 Public Aid's right to receive notice of further proceedings. 11 Payments under this Section to the Illinois Department of 12 Public Aid pursuant to the Child Support Enforcement Program 13 established by Title IV-D of the Social Security Act shall be 14 paid into the Child Support Enforcement Trust Fund. All 15otherpayments under this Section to the Illinois Department 16 of Human ServicesPublic Aidshall be deposited in the DHS 17Public AssistanceRecoveries Trust Fund. Disbursements from 18 these funds shall be as provided in the Illinois Public Aid 19 Code. Payments received by a local governmental unit shall 20 be deposited in that unit's General Assistance Fund. Any 21 order of court directing payment of child support to a clerk 22 of court or the Court Service Division of a County Department 23 of Public Aid, which order has been entered on or after 24 August 14, 1961, and prior to the effective date of this Act, 25 may be amended by the court in line with this Act; and orders 26 involving payments of maintenance or child support to 27 recipients of public aid may in like manner be amended to 28 conform to this Act. 29 (6) No filing fee or costs will be required in any 30 action brought at the request of the Illinois Department of 31 Public Aid in any proceeding under this Act. However, any 32 such fees or costs may be assessed by the court against the 33 respondent in the court's order of support or any 34 modification thereof in a proceeding under this Act. HB2518 Enrolled -66- LRB9105168EGfg 1 (7) For those cases in which child support is payable to 2 the clerk of the circuit court for transmittal to the 3 Illinois Department of Public Aid by order of court or upon 4 notification by the Illinois Department of Public Aid, the 5 clerk shall transmit all such payments, within 4 working days 6 of receipt, to insure that funds are available for immediate 7 distribution by the Department to the person or entity 8 entitled thereto in accordance with standards of the Child 9 Support Enforcement Program established under Title IV-D of 10 the Social Security Act. The clerk shall notify the 11 Department of the date of receipt and amount thereof at the 12 time of transmittal. Where the clerk has entered into an 13 agreement of cooperation with the Department to record the 14 terms of child support orders and payments made thereunder 15 directly into the Department's automated data processing 16 system, the clerk shall account for, transmit and otherwise 17 distribute child support payments in accordance with such 18 agreement in lieu of the requirements contained herein. 19 In any action filed in a county with a population of 20 1,000,000 or less, the court shall assess against the 21 respondent in any order of maintenance or child support any 22 sum up to $36 annually authorized by ordinance of the county 23 board to be collected by the clerk of the court as costs for 24 administering the collection and disbursement of maintenance 25 and child support payments. Such sum shall be in addition to 26 and separate from amounts ordered to be paid as maintenance 27 or child support. 28 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 29 90-790, eff. 8-14-98; revised 9-14-98.) 30 (750 ILCS 5/709) (from Ch. 40, par. 709) 31 Sec. 709. Mandatory child support payments to clerk. 32 (a) As of January 1, 1982, child support orders entered 33 in any county covered by this subsection shall be made HB2518 Enrolled -67- LRB9105168EGfg 1 pursuant to the provisions of Sections 709 through 712 of 2 this Act. For purposes of these Sections, the term "child 3 support payment" or "payment" shall include any payment 4 ordered to be made solely for the purpose of the support of a 5 child or children or any payment ordered for general support 6 which includes any amount for support of any child or 7 children. 8 The provisions of Sections 709 through 712 shall be 9 applicable to any county with a population of 2 million or 10 more and to any other county which notifies the Supreme Court 11 of its desire to be included within the coverage of these 12 Sections and is certified pursuant to Supreme Court Rules. 13 The effective date of inclusion, however, shall be 14 subject to approval of the application for reimbursement of 15 the costs of the support program by the Department of Public 16 Aid as provided in Section 712. 17 (b) In any proceeding for a dissolution of marriage, 18 legal separation, or declaration of invalidity of marriage, 19 or in any supplementary proceedings in which a judgment or 20 modification thereof for the payment of child support is 21 entered on or after January 1, 1982, in any county covered by 22 Sections 709 through 712, and the person entitled to payment 23 is receiving a grant of financial aid under Article IV of the 24 Illinois Public Aid Code or has applied and qualified for 25 support services under Section 10-1 of that Code, the court 26 shall direct: (1) that such payments be made to the clerk of 27 the court and (2) that the parties affected shall each 28 thereafter notify the clerk of any change of address or 29 change in other conditions that may affect the administration 30 of the order, including the fact that a party who was 31 previously not on public aid has become a recipient of public 32 aid, within 10 days of such change. All notices sent to the 33 obligor's last known address on file with the clerk shall be 34 deemed sufficient to proceed with enforcement pursuant to the HB2518 Enrolled -68- LRB9105168EGfg 1 provisions of Sections 709 through 712. 2 In all other cases, the court may direct that payments be 3 made to the clerk of the court. 4 (c) Except as provided in subsection (d) of this 5 Section, the clerk shall disburse the payments to the person 6 or persons entitled thereto under the terms of the order or 7 judgment. 8 (d) The court shall determine, prior to the entry of the 9 support order, if the party who is to receive the support is 10 presently receiving public aid or has a current application 11 for public aid pending and shall enter the finding on the 12 record. 13 If the person entitled to payment is a recipient of aid 14 under the Illinois Public Aid Code, the clerk, upon being 15 informed of this fact by finding of the court, by 16 notification by the party entitled to payment, by the 17 Illinois Department of Public Aid or by the local 18 governmental unit, shall make all payments to: (1) the 19 Illinois Department of Public Aid if the person is a 20 recipient under Article III, IV, or V of the Code or (2) the 21 local governmental unit responsible for his or her support if 22 the person is a recipient under Article VI or VII of the 23 Code. In accordance with federal law and regulations, the 24 Illinois Department of Public Aid may continue to collect 25 current maintenance payments or child support payments, or 26 both, after those persons cease to receive public assistance 27 and until termination of services under Article X of the 28 Illinois Public Aid Code. The Illinois Department of Public 29 Aid shall pay the net amount collected to those persons after 30 deducting any costs incurred in making the collection or any 31 collection fee from the amount of any recovery made. Upon 32 termination of public aid payments to such a recipient or 33 termination of services under Article X of the Illinois 34 Public Aid Code, the Illinois Department of Public Aid or the HB2518 Enrolled -69- LRB9105168EGfg 1 appropriate local governmental unit shall notify the clerk in 2 writing or by electronic transmission that all subsequent 3 payments are to be sent directly to the person entitled 4 thereto. 5 Upon notification in writing or by electronic 6 transmission from the Illinois Department of Public Aid to 7 the clerk of the court that a person who is receiving support 8 payments under this Section is receiving services under the 9 Child Support Enforcement Program established by Title IV-D 10 of the Social Security Act, any support payments subsequently 11 received by the clerk of the court shall be transmitted in 12 accordance with the instructions of the Illinois Department 13 of Public Aid until the Department gives notice to the clerk 14 of the court to cease the transmittal. After providing the 15 notification authorized under this paragraph, the Illinois 16 Department of Public Aid shall be entitled as a party to 17 notice of any further proceedings in the case. The clerk of 18 the court shall file a copy of the Illinois Department of 19 Public Aid's notification in the court file. The failure of 20 the clerk to file a copy of the notification in the court 21 file shall not, however, affect the Illinois Department of 22 Public Aid's right to receive notice of further proceedings. 23 Payments under this Section to the Illinois Department of 24 Public Aid pursuant to the Child Support Enforcement Program 25 established by Title IV-D of the Social Security Act shall be 26 paid into the Child Support Enforcement Trust Fund. All 27otherpayments under this Section to the Illinois Department 28 of Human ServicesPublic Aidshall be deposited in the DHS 29Public AssistanceRecoveries Trust Fund. Disbursements from 30 these funds shall be as provided in the Illinois Public Aid 31 Code. Payments received by a local governmental unit shall 32 be deposited in that unit's General Assistance Fund. 33 (e) Any order or judgment may be amended by the court, 34 upon its own motion or upon the motion of either party, to HB2518 Enrolled -70- LRB9105168EGfg 1 conform with the provisions of Sections 709 through 712, 2 either as to the requirement of making payments to the clerk 3 or, where payments are already being made to the clerk, as to 4 the statutory fees provided for under Section 711. 5 (f) The clerk may invest in any interest bearing account 6 or in any securities, monies collected for the benefit of a 7 payee, where such payee cannot be found; however, the 8 investment may be only for the period until the clerk is able 9 to locate and present the payee with such monies. The clerk 10 may invest in any interest bearing account, or in any 11 securities, monies collected for the benefit of any other 12 payee; however, this does not alter the clerk's obligation to 13 make payments to the payee in a timely manner. Any interest 14 or capital gains accrued shall be for the benefit of the 15 county and shall be paid into the special fund established in 16 subsection (b) of Section 711. 17 (g) The clerk shall establish and maintain a payment 18 record of all monies received and disbursed and such record 19 shall constitute prima facie evidence of such payment and 20 non-payment, as the case may be. 21 (h) For those cases in which child support is payable to 22 the clerk of the circuit court for transmittal to the 23 Illinois Department of Public Aid by order of court or upon 24 notification by the Illinois Department of Public Aid, the 25 clerk shall transmit all such payments, within 4 working days 26 of receipt, to insure that funds are available for immediate 27 distribution by the Department to the person or entity 28 entitled thereto in accordance with standards of the Child 29 Support Enforcement Program established under Title IV-D of 30 the Social Security Act. The clerk shall notify the 31 Department of the date of receipt and amount thereof at the 32 time of transmittal. Where the clerk has entered into an 33 agreement of cooperation with the Department to record the 34 terms of child support orders and payments made thereunder HB2518 Enrolled -71- LRB9105168EGfg 1 directly into the Department's automated data processing 2 system, the clerk shall account for, transmit and otherwise 3 distribute child support payments in accordance with such 4 agreement in lieu of the requirements contained herein. 5 (Source: P.A. 87-1252; 88-687, eff. 1-24-95.) 6 Section 35. The Non-Support of Spouse and Children Act 7 is amended by changing Section 2.1 as follows: 8 (750 ILCS 15/2.1) (from Ch. 40, par. 1105) 9 Sec. 2.1. Support payments; receiving and disbursing 10 agents. 11 (1) In actions instituted under this Act on and after 12 August 14, 1961, involving a minor child or children, the 13 Court, except in actions instituted on or after August 26, 14 1969, in which the support payments are in behalf of a 15 recipient of aid under the Illinois Public Aid Code, shall 16 direct that moneys ordered to be paid for support under 17 Sections 3 and 4 of this Act shall be paid to the clerk of 18 the court in counties of less than 3 million population, and 19 in counties of 3 million or more population, to the clerk or 20 probation officer of the court or to the Court Service 21 Division of the County Department of Public Aid. After the 22 effective date of this amendatory Act of 1975, the court 23 shall direct that such support moneys be paid to the clerk or 24 probation officer or the Illinois Department of Public Aid. 25 However, the court in its discretion may direct otherwise 26 where exceptional circumstances so warrant. If payment is to 27 be made to persons other than the clerk or probation officer, 28 the Court Service Division of the County Department of Public 29 Aid, or the Illinois Department of Public Aid, the judgment 30 or order of support shall set forth the facts of the 31 exceptional circumstances. 32 (2) In actions instituted after August 26, 1969, where HB2518 Enrolled -72- LRB9105168EGfg 1 the support payments are in behalf of spouses, children, or 2 both, who are recipients of aid under the Illinois Public Aid 3 Code, the court shall order the payments to be made directly 4 to (1) the Illinois Department of Public Aid if the person is 5 a recipient under Articles III, IV or V of the Code, or (2) 6 to the local governmental unit responsible for the support of 7 the person if he or she is a recipient under Articles VI or 8 VII of the Code. In accordance with federal law and 9 regulations, the Illinois Department of Public Aid may 10 continue to collect current maintenance payments or child 11 support payments, or both, after those persons cease to 12 receive public assistance and until termination of services 13 under Article X of the Illinois Public Aid Code. The 14 Illinois Department of Public Aid shall pay the net amount 15 collected to those persons after deducting any costs incurred 16 in making the collection or any collection fee from the 17 amount of any recovery made. The order shall permit the 18 Illinois Department of Public Aid or the local governmental 19 unit, as the case may be, to direct that support payments be 20 made directly to the spouse, children, or both, or to some 21 person or agency in their behalf, upon removal of the spouse 22 or children from the public aid rolls or upon termination of 23 services under Article X of the Illinois Public Aid Code; and 24 upon such direction, the Illinois Department or the local 25 governmental unit, as the case requires, shall give notice of 26 such action to the court in writing or by electronic 27 transmission. 28 (3) The clerks, probation officers, and the Court 29 Service Division of the County Department of Public Aid in 30 counties of 3 million or more population, and, after the 31 effective date of this amendatory Act of 1975, the clerks, 32 probation officers, and the Illinois Department of Public 33 Aid, shall disburse moneys paid to them to the person or 34 persons entitled thereto under the order of the Court. They HB2518 Enrolled -73- LRB9105168EGfg 1 shall establish and maintain current records of all moneys 2 received and disbursed and of delinquencies and defaults in 3 required payments. The Court, by order or rule, shall make 4 provision for the carrying out of these duties. 5in accordance with the Income Withholding for Support6 Upon notification in writing or by electronic 7 transmission from the Illinois Department of Public Aid to 8 the clerk of the court that a person who is receiving support 9 payments under this Section is receiving services under the 10 Child Support Enforcement Program established by Title IV-D 11 of the Social Security Act, any support payments subsequently 12 received by the clerk of the court shall be transmitted in 13 accordance with the instructions of the Illinois Department 14 of Public Aid until the Department gives notice to cease the 15 transmittal. After providing the notification authorized 16 under this paragraph, the Illinois Department of Public Aid 17 shall be entitled as a party to notice of any further 18 proceedings in the case. The clerk of the court shall file a 19 copy of the Illinois Department of Public Aid's notification 20 in the court file. The failure of the clerk to file a copy 21 of the notification in the court file shall not, however, 22 affect the Illinois Department of Public Aid's right to 23 receive notice of further proceedings. 24 (4) Payments under this Section to the Illinois 25 Department of Public Aid pursuant to the Child Support 26 Enforcement Program established by Title IV-D of the Social 27 Security Act shall be paid into the Child Support Enforcement 28 Trust Fund. Allotherpayments under this Section to the 29 Illinois Department of Human ServicesPublic Aidshall be 30 deposited in the DHSPublic AssistanceRecoveries Trust Fund. 31 Disbursements from these funds shall be as provided in the 32 Illinois Public Aid Code. Payments received by a local 33 governmental unit shall be deposited in that unit's General 34 Assistance Fund. HB2518 Enrolled -74- LRB9105168EGfg 1 (5) Orders and assignments entered or executed prior to 2 the Act approved August 14, 1961 shall not be affected 3 thereby. Employers served with wage assignments executed 4 prior to that date shall comply with the terms thereof. 5 However, the Court, on petition of the state's attorney, or 6 of the Illinois Department of Public Aid or local 7 governmental unit in respect to recipients of public aid, may 8 order the execution of new assignments and enter new orders 9 designating the clerk, probation officer, or the Illinois 10 Department of Public Aid or appropriate local governmental 11 unit in respect to payments in behalf of recipients of public 12 aid, as the person or agency authorized to receive and 13 disburse the salary or wages assigned. On like petition the 14 Court may enter new orders designating such officers, 15 agencies or governmental units to receive and disburse the 16 payments ordered under Section 4. 17 (6) For those cases in which child support is payable to 18 the clerk of the circuit court for transmittal to the 19 Illinois Department of Public Aid by order of court or upon 20 notification by the Illinois Department of Public Aid, the 21 clerk shall transmit all such payments, within 4 working days 22 of receipt, to insure that funds are available for immediate 23 distribution by the Department to the person or entity 24 entitled thereto in accordance with standards of the Child 25 Support Enforcement Program established under Title IV-D of 26 the Social Security Act. The clerk shall notify the 27 Department of the date of receipt and amount thereof at the 28 time of transmittal. Where the clerk has entered into an 29 agreement of cooperation with the Department to record the 30 terms of child support orders and payments made thereunder 31 directly into the Department's automated data processing 32 system, the clerk shall account for, transmit and otherwise 33 distribute child support payments in accordance with such 34 agreement in lieu of the requirements contained herein. HB2518 Enrolled -75- LRB9105168EGfg 1 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 2 90-790, eff. 8-14-98; revised 9-14-98.) 3 Section 40. The Illinois Parentage Act of 1984 is 4 amended by changing Section 21 as follows: 5 (750 ILCS 45/21) (from Ch. 40, par. 2521) 6 Sec. 21. Support payments; receiving and disbursing 7 agents. 8 (1) In an action filed in a countycountiesof less than 9 3 million population in which an order for child support is 10 entered, and in supplementary proceedings in such a county 11countiesto enforce or vary the terms of such order arising 12 out of an action filed in such a countycounties, the court, 13 except in actions or supplementary proceedings in which the 14 pregnancy and delivery expenses of the mother or the child 15 support payments are for a recipient of aid under the 16 Illinois Public Aid Code, shall direct that child support 17 payments be made to the clerk of the court unless in the 18 discretion of the court exceptional circumstances warrant 19 otherwise. In cases where payment is to be made to persons 20 other than the clerk of the court the judgment or order of 21 support shall set forth the facts of the exceptional 22 circumstances. 23 (2) In an action filed in a countycountiesof 3 million 24 or more population in which an order for child support is 25 entered, and in supplementary proceedings in such a county 26countiesto enforce or vary the terms of such order arising 27 out of an action fileddatein such a countycounties, the 28 court, except in actions or supplementary proceedings in 29 which the pregnancy and delivery expenses of the mother or 30 the child support payments are for a recipient of aid under 31 the Illinois Public Aid Code, shall direct that child support 32 payments be made either to the clerk of the court or to the HB2518 Enrolled -76- LRB9105168EGfg 1 Court Service Division of the County Department of Public 2 Aid, or to the clerk of the court or to the Illinois 3 Department of Public Aid, unless in the discretion of the 4 court exceptional circumstances warrant otherwise. In cases 5 where payment is to be made to persons other than the clerk 6 of the court, the Court Service Division of the County 7 Department of Public Aid, or the Illinois Department of 8 Public Aid, the judgment or order of support shall set forth 9 the facts of the exceptional circumstances. 10 (3) Where the action or supplementary proceeding is in 11 behalf of a mother for pregnancy and delivery expenses or for 12 child support, or both, and the mother, child, or both, are 13 recipients of aid under the Illinois Public Aid Code, the 14 court shall order that the payments be made directly to (a) 15 the Illinois Department of Public Aid if the mother or child, 16 or both, are recipients under Articles IV or V of the Code, 17 or (b) the local governmental unit responsible for the 18 support of the mother or child, or both, if they are 19 recipients under Articles VI or VII of the Code. In 20 accordance with federal law and regulations, the Illinois 21 Department of Public Aid may continue to collect current 22 maintenance payments or child support payments, or both, 23 after those persons cease to receive public assistance and 24 until termination of services under Article X of the Illinois 25 Public Aid Code. The Illinois Department of Public Aid shall 26 pay the net amount collected to those persons after deducting 27 any costs incurred in making the collection or any collection 28 fee from the amount of any recovery made. The Illinois 29 Department of Public Aid or the local governmental unit, as 30 the case may be, may direct that payments be made directly to 31 the mother of the child, or to some other person or agency in 32 the child's behalf, upon the removal of the mother and child 33 from the public aid rolls or upon termination of services 34 under Article X of the Illinois Public Aid Code; and upon HB2518 Enrolled -77- LRB9105168EGfg 1 such direction, the Illinois Department or the local 2 governmental unit, as the case requires, shall give notice of 3 such action to the court in writing or by electronic 4 transmission. 5 (4) All clerks of the court and the Court Service 6 Division of a County Department of Public Aid and the 7 Illinois Department of Public Aid, receiving child support 8 payments under paragraphs (1) or (2) shall disburse the same 9 to the person or persons entitled thereto under the terms of 10 the order. They shall establish and maintain clear and 11 current records of all moneys received and disbursed and of 12 defaults and delinquencies in required payments. The court, 13 by order or rule, shall make provision for the carrying out 14 of these duties. 15in accordance with the Income Withholding for Support16 Upon notification in writing or by electronic 17 transmission from the Illinois Department of Public Aid to 18 the clerk of the court that a person who is receiving support 19 payments under this Section is receiving services under the 20 Child Support Enforcement Program established by Title IV-D 21 of the Social Security Act, any support payments subsequently 22 received by the clerk of the court shall be transmitted in 23 accordance with the instructions of the Illinois Department 24 of Public Aid until the Department gives notice to cease the 25 transmittal. After providing the notification authorized 26 under this paragraph, the Illinois Department of Public Aid 27 shall be entitled as a party to notice of any further 28 proceedings in the case. The clerk of the court shall file a 29 copy of the Illinois Department of Public Aid's notification 30 in the court file. The failure of the clerk to file a copy 31 of the notification in the court file shall not, however, 32 affect the Illinois Department of Public Aid's right to 33 receive notice of further proceedings. 34 Payments under this Section to the Illinois Department of HB2518 Enrolled -78- LRB9105168EGfg 1 Public Aid pursuant to the Child Support Enforcement Program 2 established by Title IV-D of the Social Security Act shall be 3 paid into the Child Support Enforcement Trust Fund. All 4otherpayments under this Section to the Illinois Department 5 of Human ServicesPublic Aidshall be deposited in the DHS 6Public AssistanceRecoveries Trust Fund. Disbursement from 7 these funds shall be as provided in the Illinois Public Aid 8 Code. Payments received by a local governmental unit shall 9 be deposited in that unit's General Assistance Fund. 10 (5) The moneys received by persons or agencies 11 designated by the court shall be disbursed by them in 12 accordance with the order. However, the court, on petition 13 of the state's attorney, may enter new orders designating the 14 clerk of the court or the Illinois Department of Public Aid, 15 as the person or agency authorized to receive and disburse 16 child support payments and, in the case of recipients of 17 public aid, the court, on petition of the Attorney General or 18 State's Attorney, shall direct subsequent payments to be paid 19 to the Illinois Department of Public Aid or to the 20 appropriate local governmental unit, as provided in paragraph 21 (3). Payments of child support by principals or sureties on 22 bonds, or proceeds of any sale for the enforcement of a 23 judgment shall be made to the clerk of the court, the 24 Illinois Department of Public Aid or the appropriate local 25 governmental unit, as the respective provisions of this 26 Section require. 27 (6) For those cases in which child support is payable to 28 the clerk of the circuit court for transmittal to the 29 Illinois Department of Public Aid by order of court or upon 30 notification by the Illinois Department of Public Aid, the 31 clerk shall transmit all such payments, within 4 working days 32 of receipt, to insure that funds are available for immediate 33 distribution by the Department to the person or entity 34 entitled thereto in accordance with standards of the Child HB2518 Enrolled -79- LRB9105168EGfg 1 Support Enforcement Program established under Title IV-D of 2 the Social Security Act. The clerk shall notify the 3 Department of the date of receipt and amount thereof at the 4 time of transmittal. Where the clerk has entered into an 5 agreement of cooperation with the Department to record the 6 terms of child support orders and payments made thereunder 7 directly into the Department's automated data processing 8 system, the clerk shall account for, transmit and otherwise 9 distribute child support payments in accordance with such 10 agreement in lieu of the requirements contained herein. 11 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 12 90-790, eff. 8-14-98; revised 11-5-98.) 13 Section 99. Effective date. This Act takes effect July 14 1, 1999.