State of Illinois
91st General Assembly
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Public Act 91-0024

HB2518 Enrolled                                LRB9105168EGfg

    AN ACT in relation to public assistance.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:

    (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
    Sec. 5-45.  Emergency rulemaking.
    (a)  "Emergency" means the  existence  of  any  situation
that  any agency finds reasonably constitutes a threat to the
public interest, safety, or welfare.
    (b)  If any agency finds that an  emergency  exists  that
requires  adoption of a rule upon fewer days than is required
by Section 5-40 and states in writing its  reasons  for  that
finding, the agency may adopt an emergency rule without prior
notice   or   hearing  upon  filing  a  notice  of  emergency
rulemaking with the Secretary of State  under  Section  5-70.
The  notice  shall include the text of the emergency rule and
shall be published in the Illinois Register.  Consent  orders
or  other  court orders adopting settlements negotiated by an
agency  may  be  adopted  under  this  Section.   Subject  to
applicable  constitutional  or   statutory   provisions,   an
emergency  rule  becomes  effective  immediately  upon filing
under Section 5-65 or at a stated date  less  than  10   days
thereafter.   The  agency's  finding  and  a statement of the
specific reasons for the finding  shall  be  filed  with  the
rule.   The  agency  shall  take  reasonable  and appropriate
measures to make emergency rules known to the persons who may
be affected by them.
    (c)  An emergency rule may be effective for a  period  of
not longer than 150 days, but the agency's authority to adopt
an  identical  rule  under Section 5-40 is not precluded.  No
emergency rule may be adopted more than once in any 24  month
period,   except  that  this  limitation  on  the  number  of
emergency rules that may be adopted in a 24 month period does
not apply to (i) emergency rules that make additions  to  and
deletions  from  the  Drug Manual under Section 5-5.16 of the
Illinois Public Aid Code or the generic drug formulary  under
Section  3.14  of the Illinois Food, Drug and Cosmetic Act or
(ii) emergency rules adopted by the Pollution  Control  Board
before  July  1,  1997 to implement portions of the Livestock
Management Facilities  Act.   Two  or  more  emergency  rules
having  substantially  the  same  purpose and effect shall be
deemed to be a single rule for purposes of this Section.
    (d)  In order to provide for the expeditious  and  timely
implementation  of  the  State's  fiscal  year  1999  budget,
emergency  rules  to  implement  any  provision of Public Act
90-587 or 90-588 this amendatory Act of  1998  or  any  other
budget  initiative  for  fiscal  year  1999 may be adopted in
accordance with this  Section  by  the  agency  charged  with
administering  that  provision or initiative, except that the
24-month limitation on the adoption of  emergency  rules  and
the  provisions  of  Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection  (d).   The  adoption  of
emergency  rules  authorized  by this subsection (d) shall be
deemed to be necessary for the public interest,  safety,  and
welfare.
    (e)  In  order  to provide for the expeditious and timely
implementation  of  the  State's  fiscal  year  2000  budget,
emergency rules to implement any provision of this amendatory
Act  of  the  91st  General  Assembly  or  any  other  budget
initiative for fiscal year 2000 may be adopted in  accordance
with  this  Section  by the agency charged with administering
that  provision  or  initiative,  except  that  the  24-month
limitation  on  the  adoption  of  emergency  rules  and  the
provisions of Sections 5-115 and 5-125 do not apply to  rules
adopted under this subsection (e).  The adoption of emergency
rules authorized by this subsection (e) shall be deemed to be
necessary for the public interest, safety, and welfare.
(Source:  P.A.  89-714,  eff.  2-21-97;  90-9,  eff.  7-1-97;
90-587, eff. 7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.)

    Section  10.   The State Finance Act is amended by adding
Sections 5.495  and  5.496  and  changing  Section  6z-24  as
follows:

    (30 ILCS 105/5.495 new)
    Sec. 5.495.  The Public Aid Recoveries Trust Fund.

    (30 ILCS 105/5.496 new)
    Sec. 5.496.  The DHS Recoveries Trust Fund.

    (30 ILCS 105/6z-24) (from Ch. 127, par. 142z-24)
    Sec.  6z-24.   There is created in the State Treasury the
Special  Education  Medicaid  Matching  Fund.    All   monies
received    from    the    federal    government    due    to
educationally-related  services authorized under Section 1903
of  the  Social  Security  Act,  as  amended,  and  for   the
administrative  costs  related  thereto shall be deposited in
the Special Education Medicaid Matching  Fund.    All  monies
received    from    the    federal    government    due    to
educationally-related  services authorized under Section 2105
of the Social Security Act, as amended, shall be deposited in
the Special Education Medicaid Matching Fund.
    The monies in the  Special  Education  Medicaid  Matching
Fund  shall  be  held subject to appropriation by the General
Assembly to the State Board of Education for distribution  to
school   districts,  pursuant  to  an  interagency  agreement
between the Illinois Department of Public Aid and  the  State
Board  of  Education, for medicaid eligible special education
children claims under  Titles  XIX  and  XXI  of  the  Social
Security Act.
(Source: P.A. 87-641.)

    Section  15.   The  School  Code  is  amended by changing
Sections 14-7.04 and 18-8.05 as follows:

    (105 ILCS 5/14-7.04) (from Ch. 122, par. 14-7.04)
    Sec. 14-7.04.  Health care reimbursement.
    (a)  Local educational  agencies  may  utilize  federally
funded health care programs to share in the costs of services
which  are  provided  to children requiring special education
and related services  and  which  are  either  listed  on  an
individualized  education program established pursuant to the
federal Education for All Handicapped Children Act  of  1975,
Public Law No. 94-142 or are provided under an individualized
family  service  plan  established  pursuant  to  the federal
Education of the Handicapped Act Amendments of  1986,  Public
Law  No. 99-457.  Those federally funded health care programs
shall also share in the cost of all screenings and diagnostic
evaluations for children suspected of having or known to have
a disability.  However, all such services shall  continue  to
be initially funded by the local educational agency and shall
be  provided regardless of subsequent cost sharing with other
funding sources.  Federally funded health care  reimbursement
funds  are  supplemental  and shall not be used to reduce any
other Federal payments, private payments or  State  Board  of
Education  funds for special education as provided in Article
14 of the School Code for which the local education agency is
eligible.
    Local  educational  agencies  providing  early   periodic
screening  and diagnostic testing services on or after August
1, 1991, including screening and diagnostic services,  health
care  and  treatment,  preventive  health care, and any other
measure  to  correct  or  improve   health   impairments   of
Medicaid-eligible  children, may also access federally funded
health care resources.
    The State Board of Education and the Department of Public
Aid may enter into  an  intergovernmental  agreement  whereby
school  districts or their agents may claim medicaid matching
funds for medicaid eligible  special  education  children  as
authorized by Section 1903 of the Social Security Act.  Under
that  intergovernmental  agreement, school districts or their
agents may also claim federal funds for the services provided
to special education  students  enrolled  in  the  Children's
Health Insurance Program.
    (b)  No employee or officer of a school district, special
education    joint    agreement,   office   of   a   regional
superintendent of schools or the State Board of Education may
have a direct or indirect financial interest in any agreement
between the entity of which the  person  is  an  employee  or
officer  and  any  corporation,  organization or other entity
that collects or participates in the collection  of  payments
from  private  health  care benefit plans or federally funded
health care programs authorized under this Section.
(Source: P.A. 86-476; 87-468; 87-641; 87-895; 87-1168.)

    (105 ILCS 5/18-8.05)
    Sec. 18-8.05.  Basis for apportionment of  general  State
financial  aid  and  supplemental  general  State  aid to the
common schools for the 1998-1999 and subsequent school years.

(A)  General Provisions.
    (1)  The  provisions  of  this  Section  apply   to   the
1998-1999 and subsequent school years.  The system of general
State  financial aid provided for in this Section is designed
to assure that, through a combination of State financial  aid
and  required local resources, the financial support provided
each pupil in Average Daily Attendance equals  or  exceeds  a
prescribed per pupil Foundation Level.  This formula approach
imputes  a  level  of per pupil Available Local Resources and
provides for the basis to calculate  a  per  pupil  level  of
general  State  financial  aid  that, when added to Available
Local Resources, equals or exceeds the Foundation Level.  The
amount of per pupil general State financial  aid  for  school
districts,   in   general,  varies  in  inverse  relation  to
Available Local Resources.  Per pupil amounts are based  upon
each  school district's Average Daily Attendance as that term
is defined in this Section.
    (2)  In addition to general State financial  aid,  school
districts  with  specified levels or concentrations of pupils
from  low  income  households   are   eligible   to   receive
supplemental  general  State financial aid grants as provided
pursuant to subsection (H). The supplemental State aid grants
provided for school districts under subsection (H)  shall  be
appropriated  for distribution to school districts as part of
the same line item in which the general State  financial  aid
of school districts is appropriated under this Section.
    (3)  To  receive financial assistance under this Section,
school districts are required to file claims with  the  State
Board of Education, subject to the following requirements:
         (a)  Any  school  district which fails for any given
    school year to maintain school as required by law, or  to
    maintain  a recognized school is not eligible to file for
    such school year any claim upon the Common  School  Fund.
    In  case  of  nonrecognition  of  one  or more attendance
    centers  in  a  school   district   otherwise   operating
    recognized  schools,  the  claim of the district shall be
    reduced  in  the  proportion  which  the  Average   Daily
    Attendance  in  the  attendance center or centers bear to
    the Average Daily Attendance in the school  district.   A
    "recognized  school"  means any public school which meets
    the standards as established for recognition by the State
    Board of Education.   A  school  district  or  attendance
    center  not  having  recognition  status  at the end of a
    school term is entitled to receive State aid payments due
    upon  a  legal  claim  which  was  filed  while  it   was
    recognized.
         (b)  School district claims filed under this Section
    are subject to Sections 18-9, 18-10, and 18-12, except as
    otherwise provided in this Section.
         (c)  If  a  school  district  operates  a  full year
    school under Section 10-19.1, the general  State  aid  to
    the  school  district  shall  be  determined by the State
    Board of Education in accordance  with  this  Section  as
    near as may be applicable.
         (d) (Blank).
    (4)  Except  as  provided in subsections (H) and (L), the
board of any district receiving any of  the  grants  provided
for  in  this  Section  may  apply those funds to any fund so
received  for  which  that  board  is  authorized   to   make
expenditures by law.
    School  districts  are  not  required  to exert a minimum
Operating Tax Rate in order to qualify for  assistance  under
this Section.
    (5)  As  used  in  this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
         (a)  "Average Daily Attendance":  A count  of  pupil
    attendance   in  school,  averaged  as  provided  for  in
    subsection  (C)  and  utilized  in  deriving  per   pupil
    financial support levels.
         (b)  "Available  Local Resources":  A computation of
    local financial  support,  calculated  on  the  basis  of
    Average Daily Attendance and derived as provided pursuant
    to subsection (D).
         (c)  "Corporate    Personal   Property   Replacement
    Taxes":  Funds paid to local school districts pursuant to
    "An Act in  relation  to  the  abolition  of  ad  valorem
    personal  property  tax  and  the replacement of revenues
    lost thereby, and amending and repealing certain Acts and
    parts of Acts in connection therewith", certified  August
    14, 1979, as amended (Public Act 81-1st S.S.-1).
         (d)  "Foundation  Level":  A prescribed level of per
    pupil financial support as  provided  for  in  subsection
    (B).
         (e)  "Operating  Tax  Rate":   All  school  district
    property taxes extended for all purposes, except Bond and
    Interest,  Summer  School, Rent, Capital Improvement, and
    Vocational Education Building purposes.

(B)  Foundation Level.
    (1)  The Foundation Level is a figure established by  the
State  representing  the minimum level of per pupil financial
support that should be available to  provide  for  the  basic
education  of each pupil in Average Daily Attendance.  As set
forth in this Section, each school  district  is  assumed  to
exert   a  sufficient  local  taxing  effort  such  that,  in
combination with the aggregate of general State financial aid
provided the  district,  an  aggregate  of  State  and  local
resources  are available to meet the basic education needs of
pupils in the district.
    (2)  For the 1998-1999 school year, the Foundation  Level
of  support  is  $4,225.   For the 1999-2000 school year, the
Foundation Level of support is  $4,325.   For  the  2000-2001
school year, the Foundation Level of support is $4,425.
    (3)  For  the  2001-2002 school year and each school year
thereafter, the Foundation Level of support is $4,425 or such
greater amount as may be established by law  by  the  General
Assembly.

(C)  Average Daily Attendance.
    (1)  For   purposes  of  calculating  general  State  aid
pursuant to  subsection  (E),  an  Average  Daily  Attendance
figure  shall  be  utilized.   The  Average  Daily Attendance
figure for formula calculation purposes shall be the  monthly
average  of the actual number of pupils in attendance of each
school district, as further averaged for the best 3 months of
pupil attendance for each school district.  In compiling  the
figures  for  the  number  of  pupils  in  attendance, school
districts  and  the  State  Board  of  Education  shall,  for
purposes of general State  aid  funding,  conform  attendance
figures to the requirements of subsection (F).
    (2)  The  Average  Daily  Attendance  figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year  for  which
general State aid is being calculated.

(D)  Available Local Resources.
    (1)  For   purposes  of  calculating  general  State  aid
pursuant to subsection (E),  a  representation  of  Available
Local  Resources  per  pupil,  as  that  term  is defined and
determined in this subsection, shall be utilized.   Available
Local  Resources  per pupil shall include a calculated dollar
amount representing local school district revenues from local
property  taxes  and   from   Corporate   Personal   Property
Replacement  Taxes,  expressed  on  the  basis  of  pupils in
Average Daily Attendance.
    (2)  In determining  a  school  district's  revenue  from
local  property  taxes,  the  State  Board of Education shall
utilize the  equalized  assessed  valuation  of  all  taxable
property  of  each  school district as of September 30 of the
previous year.  The  equalized  assessed  valuation  utilized
shall  be  obtained  and determined as provided in subsection
(G).
    (3)  For school districts maintaining grades kindergarten
through 12, local property tax revenues per  pupil  shall  be
calculated   as  the  product  of  the  applicable  equalized
assessed valuation for the district multiplied by 3.00%,  and
divided  by  the  district's Average Daily Attendance figure.
For school districts maintaining grades kindergarten  through
8,  local property tax revenues per pupil shall be calculated
as the product of the applicable equalized assessed valuation
for the district multiplied by  2.30%,  and  divided  by  the
district's  Average  Daily  Attendance  figure.   For  school
districts maintaining grades 9 through 12, local property tax
revenues per pupil shall be the applicable equalized assessed
valuation of the district multiplied by 1.20%, and divided by
the district's Average Daily Attendance figure.
    (4)  The  Corporate  Personal  Property Replacement Taxes
paid to each school district during the calendar year 2 years
before the calendar year  in  which  a  school  year  begins,
divided  by  the  Average  Daily  Attendance  figure for that
district, shall be added to the local property  tax  revenues
per  pupil  as  derived by the application of the immediately
preceding paragraph (3).  The sum of these per pupil  figures
for  each  school  district  shall constitute Available Local
Resources as that term is utilized in subsection (E)  in  the
calculation of general State aid.

(E)  Computation of General State Aid.
    (1)  For  each  school  year, the amount of general State
aid allotted to a school district shall be  computed  by  the
State Board of Education as provided in this subsection.
    (2)  For  any  school  district for which Available Local
Resources per pupil is less than the product  of  0.93  times
the  Foundation  Level,  general  State aid for that district
shall be calculated as an  amount  equal  to  the  Foundation
Level  minus  Available  Local  Resources,  multiplied by the
Average Daily Attendance of the school district.
    (3)  For any school district for  which  Available  Local
Resources  per  pupil is equal to or greater than the product
of 0.93 times the Foundation Level and less than the  product
of 1.75 times the Foundation Level, the general State aid per
pupil  shall  be a decimal proportion of the Foundation Level
derived  using  a  linear  algorithm.   Under   this   linear
algorithm,  the  calculated general State aid per pupil shall
decline  in  direct  linear  fashion  from  0.07  times   the
Foundation  Level  for a school district with Available Local
Resources equal to the product of 0.93 times  the  Foundation
Level,  to  0.05  times  the  Foundation  Level  for a school
district with Available Local Resources equal to the  product
of  1.75  times  the  Foundation  Level.   The  allocation of
general State  aid  for  school  districts  subject  to  this
paragraph  3  shall  be  the calculated general State aid per
pupil figure multiplied by the Average  Daily  Attendance  of
the school district.
    (4)  For  any  school  district for which Available Local
Resources per pupil equals or exceeds  the  product  of  1.75
times  the  Foundation  Level,  the general State aid for the
school district shall be calculated as the  product  of  $218
multiplied  by  the  Average  Daily  Attendance of the school
district.

(F)  Compilation of Average Daily Attendance.
    (1)  Each school district shall, by July 1 of each  year,
submit  to  the State Board of Education, on forms prescribed
by the State Board of Education, attendance figures  for  the
school  year  that began in the preceding calendar year.  The
attendance information  so  transmitted  shall  identify  the
average daily attendance figures for each month of the school
year,  except  that any days of attendance in August shall be
added to the month of September and any days of attendance in
June shall be added to the month of May.
    Except as otherwise provided in  this  Section,  days  of
attendance  by  pupils  shall be counted only for sessions of
not less than 5 clock hours of  school  work  per  day  under
direct  supervision  of:  (i)  teachers, or (ii) non-teaching
personnel   or   volunteer   personnel   when   engaging   in
non-teaching  duties  and  supervising  in  those   instances
specified in subsection (a) of Section 10-22.34 and paragraph
10  of  Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
    Days of attendance by tuition pupils shall be  accredited
only  to  the  districts that pay the tuition to a recognized
school.
    (2)  Days of attendance by pupils of less  than  5  clock
hours  of school shall be subject to the following provisions
in the compilation of Average Daily Attendance.
         (a)  Pupils regularly enrolled in  a  public  school
    for  only  a part of the school day may be counted on the
    basis of 1/6 day for every class hour of  instruction  of
    40 minutes or more attended pursuant to such enrollment.
         (b)  Days  of  attendance  may  be less than 5 clock
    hours on the opening and closing of the school term,  and
    upon  the first day of pupil attendance, if preceded by a
    day  or  days  utilized  as  an  institute  or  teachers'
    workshop.
         (c)  A session of 4  or  more  clock  hours  may  be
    counted  as a day of attendance upon certification by the
    regional  superintendent,  and  approved  by  the   State
    Superintendent  of  Education  to  the  extent  that  the
    district has been forced to use daily multiple sessions.
         (d)  A  session  of  3  or  more  clock hours may be
    counted as a day of attendance (1) when the remainder  of
    the school day or at least 2 hours in the evening of that
    day  is  utilized  for an in-service training program for
    teachers, up to a maximum of 5 days per  school  year  of
    which  a maximum of 4 days of such 5 days may be used for
    parent-teacher conferences, provided a district  conducts
    an  in-service  training  program  for teachers which has
    been approved by the State Superintendent  of  Education;
    or,  in  lieu of 4 such days, 2 full days may be used, in
    which event each such day may be  counted  as  a  day  of
    attendance;  and  (2)  when  days  in  addition  to those
    provided in item (1) are scheduled by a  school  pursuant
    to  its  school improvement plan adopted under Article 34
    or its revised or amended school improvement plan adopted
    under Article 2, provided that (i) such sessions of 3  or
    more  clock  hours  are  scheduled  to  occur  at regular
    intervals, (ii) the remainder of the school days in which
    such sessions occur are utilized for in-service  training
    programs   or  other  staff  development  activities  for
    teachers, and (iii) a sufficient  number  of  minutes  of
    school  work under the direct supervision of teachers are
    added to the school days between such regularly scheduled
    sessions to  accumulate  not  less  than  the  number  of
    minutes  by  which such sessions of 3 or more clock hours
    fall short of 5 clock hours. Any full days used  for  the
    purposes  of  this  paragraph shall not be considered for
    computing average daily attendance.  Days  scheduled  for
    in-service    training    programs,   staff   development
    activities,  or   parent-teacher   conferences   may   be
    scheduled  separately  for  different  grade  levels  and
    different attendance centers of the district.
         (e)  A  session  of  not less than one clock hour of
    teaching hospitalized or homebound pupils on-site  or  by
    telephone  to  the classroom may be counted as 1/2 day of
    attendance, however these pupils must receive 4  or  more
    clock  hours  of instruction to be counted for a full day
    of attendance.
         (f)  A session of at least  4  clock  hours  may  be
    counted  as  a  day of attendance for first grade pupils,
    and pupils in full day kindergartens, and a session of  2
    or  more hours may be counted as 1/2 day of attendance by
    pupils in kindergartens which provide  only  1/2  day  of
    attendance.
         (g)  For  children  with  disabilities who are below
    the age of 6 years and who cannot attend 2 or more  clock
    hours  because  of  their  disability  or  immaturity,  a
    session of not less than one clock hour may be counted as
    1/2  day  of  attendance; however for such children whose
    educational needs so require a session of 4 or more clock
    hours may be counted as a full day of attendance.
         (h)  A recognized kindergarten  which  provides  for
    only  1/2  day of attendance by each pupil shall not have
    more than 1/2 day of attendance counted in any  one  day.
    However, kindergartens may count 2 1/2 days of attendance
    in  any  5 consecutive school days.  When a pupil attends
    such a kindergarten for 2 half days  on  any  one  school
    day,  the  pupil  shall  have  the following day as a day
    absent from school, unless the  school  district  obtains
    permission  in  writing  from the State Superintendent of
    Education.  Attendance at kindergartens which provide for
    a full day of attendance by each pupil shall  be  counted
    the  same  as attendance by first grade pupils.  Only the
    first year of attendance in  one  kindergarten  shall  be
    counted,  except  in  case  of  children  who entered the
    kindergarten  in  their  fifth  year  whose   educational
    development  requires  a  second  year of kindergarten as
    determined under the rules and regulations of  the  State
    Board of Education.

(G)  Equalized Assessed Valuation Data.
    (1)  For  purposes  of the calculation of Available Local
Resources required pursuant  to  subsection  (D),  the  State
Board  of  Education  shall  secure  from  the  Department of
Revenue the value as equalized or assessed by the  Department
of  Revenue  of all taxable property of every school district
together with the applicable tax rate used in extending taxes
for the funds of the district  as  of  September  30  of  the
previous year.
    This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
    (2)  The  equalized  assessed  valuation in paragraph (1)
shall be adjusted, as applicable, in the following manner:
         (a)  For the purposes of calculating State aid under
    this Section, with  respect  to  any  part  of  a  school
    district  within  a redevelopment project area in respect
    to  which  a  municipality  has  adopted  tax   increment
    allocation   financing  pursuant  to  the  Tax  Increment
    Allocation Redevelopment Act, Sections 11-74.4-1  through
    11-74.4-11   of   the  Illinois  Municipal  Code  or  the
    Industrial Jobs Recovery Law, Sections 11-74.6-1  through
    11-74.6-50 of the Illinois Municipal Code, no part of the
    current  equalized  assessed  valuation  of real property
    located in any such project area which is attributable to
    an increase above the total  initial  equalized  assessed
    valuation  of  such property shall be used as part of the
    equalized assessed valuation of the district, until  such
    time  as  all redevelopment project costs have been paid,
    as provided in Section 11-74.4-8  of  the  Tax  Increment
    Allocation  Redevelopment Act or in Section 11-74.6-35 of
    the Industrial Jobs Recovery Law.  For the purpose of the
    equalized assessed valuation of the district,  the  total
    initial  equalized  assessed  valuation  or  the  current
    equalized  assessed  valuation, whichever is lower, shall
    be used until such  time  as  all  redevelopment  project
    costs have been paid.
         (b)  The  real property equalized assessed valuation
    for a school district shall be  adjusted  by  subtracting
    from  the real property value as equalized or assessed by
    the Department of Revenue  for  the  district  an  amount
    computed by dividing the amount of any abatement of taxes
    under  Section  18-170  of the Property Tax Code by 3.00%
    for a district maintaining  grades  kindergarten  through
    12,   by   2.30%   for   a  district  maintaining  grades
    kindergarten through  8,  or  by  1.20%  for  a  district
    maintaining grades 9 through 12 and adjusted by an amount
    computed by dividing the amount of any abatement of taxes
    under  subsection  (a)  of Section 18-165 of the Property
    Tax Code by the same percentage rates for  district  type
    as specified in this subparagraph (b).

(H)  Supplemental General State Aid.
    (1)  In  addition  to  the  general  State  aid  a school
district is allotted pursuant to subsection  (E),  qualifying
school  districts  shall receive a grant, paid in conjunction
with  a  district's  payments  of  general  State  aid,   for
supplemental  general  State aid based upon the concentration
level of  children  from  low-income  households  within  the
school  district.  Supplemental State aid grants provided for
school districts under this subsection shall be  appropriated
for distribution to school districts as part of the same line
item  in  which  the  general  State  financial aid of school
districts is appropriated under this Section. For purposes of
this subsection, the term  "Low-Income  Concentration  Level"
shall  be  the  low-income eligible pupil count from the most
recently available federal  census  divided  by  the  Average
Daily  Attendance  of  the  school district. If, however, the
percentage decrease from the 2 most recent  federal  censuses
in  the  low-income  eligible  pupil  count  of a high school
district with fewer than 400 students exceeds by 75% or  more
the  percentage change in the total low-income eligible pupil
count  of  contiguous  elementary  school  districts,   whose
boundaries are coterminous with the high school district, the
high  school  district's low-income eligible pupil count from
the earlier federal census shall be the number  used  as  the
low-income eligible pupil count for the high school district,
for purposes of this subsection (H).
    (2)  Supplemental  general  State  aid  pursuant  to this
subsection shall be provided as follows:
         (a)  For any  school  district  with  a  Low  Income
    Concentration  Level  of  at least 20% and less than 35%,
    the grant for any school year shall be $800 multiplied by
    the low income eligible pupil count.
         (b)  For any  school  district  with  a  Low  Income
    Concentration  Level  of  at least 35% and less than 50%,
    the grant for the 1998-1999 school year shall  be  $1,100
    multiplied by the low income eligible pupil count.
         (c)  For  any  school  district  with  a  Low Income
    Concentration Level of at least 50% and  less  than  60%,
    the  grant  for  the  1998-99 school year shall be $1,500
    multiplied by the low income eligible pupil count.
         (d)  For any  school  district  with  a  Low  Income
    Concentration  Level  of  60%  or more, the grant for the
    1998-99 school year shall be $1,900 multiplied by the low
    income eligible pupil count.
         (e)  For the 1999-2000 school year,  the  per  pupil
    amount  specified  in  subparagraphs  (b),  (c), and (d),
    immediately above shall be increased by  $100  to  $1,243
    $1,200, $1,600, and $2,000, respectively.
         (f)  For  the  2000-2001  school year, the per pupil
    amounts specified in  subparagraphs  (b),  (c),  and  (d)
    immediately  above  shall  be increased to $1,273 $1,230,
    $1,640, and $2,050, respectively.
    (3)  School districts with an Average Daily Attendance of
more than  1,000  and  less  than  50,000  that  qualify  for
supplemental  general  State  aid pursuant to this subsection
shall submit a plan to the State Board of Education prior  to
October  30  of  each year for the use of the funds resulting
from this grant of supplemental general  State  aid  for  the
improvement  of  instruction  in  which  priority is given to
meeting the education needs of disadvantaged children.   Such
plan   shall  be  submitted  in  accordance  with  rules  and
regulations promulgated by the State Board of Education.
    (4)  School districts with an Average Daily Attendance of
50,000 or more that qualify for  supplemental  general  State
aid   pursuant  to  this  subsection  shall  be  required  to
distribute from funds available pursuant to this Section,  no
less  than  $261,000,000  in  accordance  with  the following
requirements:
         (a)  The required amounts shall  be  distributed  to
    the  attendance centers within the district in proportion
    to the number  of  pupils  enrolled  at  each  attendance
    center  who are eligible to receive free or reduced-price
    lunches or breakfasts under the federal  Child  Nutrition
    Act  of  1966  and  under  the  National School Lunch Act
    during the immediately preceding school year.
         (b)  The   distribution   of   these   portions   of
    supplemental  and  general  State  aid  among  attendance
    centers according to  these  requirements  shall  not  be
    compensated  for  or  contravened  by  adjustments of the
    total of  other  funds  appropriated  to  any  attendance
    centers, and the Board of Education shall utilize funding
    from  one  or several sources in order to fully implement
    this provision annually prior to the opening of school.
         (c)  Each attendance center shall be provided by the
    school district a distribution  of  noncategorical  funds
    and other categorical funds to which an attendance center
    is entitled under law in order that the general State aid
    and   supplemental   general   State   aid   provided  by
    application of this subsection  supplements  rather  than
    supplants  the noncategorical funds and other categorical
    funds provided by the school district to  the  attendance
    centers.
         (d)  Any  funds made available under this subsection
    that by reason of the provisions of this  subsection  are
    not  required  to be allocated and provided to attendance
    centers may be used and appropriated by the board of  the
    district for any lawful school purpose.
         (e)  Funds received by an attendance center pursuant
    to this subsection shall be used by the attendance center
    at  the  discretion  of  the  principal  and local school
    council for programs to improve educational opportunities
    at qualifying schools through the following programs  and
    services:  early  childhood education, reduced class size
    or improved adult to student classroom ratio,  enrichment
    programs,  remedial  assistance,  attendance improvement,
    and other  educationally  beneficial  expenditures  which
    supplement  the  regular and basic programs as determined
    by the State Board of Education.   Funds  provided  shall
    not be expended for any political or lobbying purposes as
    defined by board rule.
         (f)  Each district subject to the provisions of this
    subdivision  (H)(4)  shall  submit  an acceptable plan to
    meet the educational needs of disadvantaged children,  in
    compliance  with  the  requirements of this paragraph, to
    the State Board of Education prior to  July  15  of  each
    year. This plan shall be consistent with the decisions of
    local  school  councils concerning the school expenditure
    plans developed in accordance  with  part  4  of  Section
    34-2.3.  The State Board shall approve or reject the plan
    within  60  days  after  its  submission.  If the plan is
    rejected, the  district  shall  give  written  notice  of
    intent   to  modify  the  plan  within  15  days  of  the
    notification of rejection and then submit a modified plan
    within 30 days after the date of the  written  notice  of
    intent  to  modify.    Districts may amend approved plans
    pursuant to rules  promulgated  by  the  State  Board  of
    Education.
         Upon  notification  by  the State Board of Education
    that the district has not submitted a plan prior to  July
    15  or  a  modified plan within the time period specified
    herein, the State aid funds  affected  by  that  plan  or
    modified  plan  shall  be  withheld by the State Board of
    Education until a plan or modified plan is submitted.
         If the district fails to  distribute  State  aid  to
    attendance  centers  in accordance with an approved plan,
    the plan for the following year shall allocate funds,  in
    addition   to   the  funds  otherwise  required  by  this
    subsection,  to  those  attendance  centers  which   were
    underfunded  during the previous year in amounts equal to
    such underfunding.
         For purposes of  determining  compliance  with  this
    subsection  in relation to the requirements of attendance
    center funding, each district subject to  the  provisions
    of this subsection shall submit as a separate document by
    December  1 of each year a report of expenditure data for
    the prior year in addition to  any  modification  of  its
    current  plan.  If it is determined that there has been a
    failure to comply with the expenditure provisions of this
    subsection regarding contravention  or  supplanting,  the
    State  Superintendent  of Education shall, within 60 days
    of receipt of the report, notify  the  district  and  any
    affected local school council.  The district shall within
    45  days of receipt of that notification inform the State
    Superintendent of Education of the remedial or corrective
    action to be taken, whether  by amendment of the  current
    plan,  if  feasible, or by adjustment in the plan for the
    following  year.   Failure  to  provide  the  expenditure
    report or the  notification  of  remedial  or  corrective
    action  in  a timely manner shall result in a withholding
    of the affected funds.
         The State Board of Education shall promulgate  rules
    and  regulations  to  implement  the  provisions  of this
    subsection.   No  funds  shall  be  released  under  this
    subdivision (H)(4) to any district that has not submitted
    a plan that has been  approved  by  the  State  Board  of
    Education.

(I)  General State Aid for Newly Configured School Districts.
    (1)  For  a  new  school  district  formed  by  combining
property   included  totally  within  2  or  more  previously
existing school districts, for its first  year  of  existence
the  general  State  aid  and  supplemental general State aid
calculated under this Section shall be computed for  the  new
district  and for the previously existing districts for which
property is totally included within the new district.  If the
computation on the basis of the previously existing districts
is greater, a supplementary payment equal to  the  difference
shall  be  made for the first 4 years of existence of the new
district.
    (2)  For a school  district  which  annexes  all  of  the
territory  of  one or more entire other school districts, for
the  first  year  during  which  the  change  of   boundaries
attributable  to  such  annexation  becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the general
State aid and supplemental general State aid calculated under
this Section shall be computed for the annexing  district  as
constituted  after  the  annexation  and for the annexing and
each annexed district as constituted prior to the annexation;
and if the computation on  the  basis  of  the  annexing  and
annexed  districts  as constituted prior to the annexation is
greater, a supplementary  payment  equal  to  the  difference
shall  be  made  for  the  first  4 years of existence of the
annexing school district as constituted upon such annexation.
    (3)  For 2 or more school districts which  annex  all  of
the  territory  of one or more entire other school districts,
and for 2 or more community unit districts which result  upon
the  division  (pursuant  to petition under Section 11A-2) of
one or more other unit school districts into 2 or more  parts
and  which  together include all of the parts into which such
other unit school district or districts are so  divided,  for
the   first  year  during  which  the  change  of  boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9  or  11A-10,
as  the  case  may be, the general State aid and supplemental
general State aid calculated  under  this  Section  shall  be
computed   for   each   annexing  or  resulting  district  as
constituted after the annexation or  division  and  for  each
annexing  and  annexed  district,  or  for each resulting and
divided district, as constituted prior to the  annexation  or
division;  and  if the aggregate of the general State aid and
supplemental  general  State  aid  as  so  computed  for  the
annexing or resulting  districts  as  constituted  after  the
annexation  or  division  is  less  than the aggregate of the
general State aid and supplemental general State  aid  as  so
computed  for  the annexing and annexed districts, or for the
resulting and divided districts, as constituted prior to  the
annexation or division, then a supplementary payment equal to
the  difference  shall be made and allocated between or among
the annexing or resulting districts, as constituted upon such
annexation or division,  for  the  first  4  years  of  their
existence.   The  total difference payment shall be allocated
between or among the annexing or resulting districts  in  the
same  ratio  as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed  to
or included in each such annexing or resulting district bears
to  the  total  pupil  enrollment  from the entire annexed or
divided district or districts, as such  pupil  enrollment  is
determined  for the school year last ending prior to the date
when the change of boundaries attributable to the  annexation
or  division  becomes effective for all purposes.  The amount
of the total difference payment and the amount thereof to  be
allocated  to  the  annexing  or resulting districts shall be
computed by the State Board of  Education  on  the  basis  of
pupil  enrollment  and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent  of  schools
for each educational service region in which the annexing and
annexed  districts,  or  resulting  and divided districts are
located.
    (3.5)  Claims  for  financial   assistance   under   this
subsection  (I)  shall  not be recomputed except as expressly
provided under this Section.
    (4)  Any supplementary payment made under this subsection
(I) shall be treated as separate from all other payments made
pursuant to this Section.

(J)  Supplementary Grants in Aid.
    (1)  Notwithstanding  any  other   provisions   of   this
Section,  the  amount  of  the aggregate general State aid in
combination with supplemental general State  aid  under  this
Section  for  which each school district is eligible shall be
no less than the amount of the aggregate  general  State  aid
entitlement  that  was received by the district under Section
18-8 (exclusive of amounts received  under  subsections  5(p)
and  5(p-5)  of  that  Section)  for the 1997-98 school year,
pursuant to the provisions of that Section as it was then  in
effect.   If   a  school  district  qualifies  to  receive  a
supplementary payment made under  this  subsection  (J),  the
amount of the aggregate general State aid in combination with
supplemental general State aid under this Section  which that
district is eligible to receive for each school year shall be
no  less  than  the amount of the aggregate general State aid
entitlement that was received by the district  under  Section
18-8  (exclusive  of  amounts received under subsections 5(p)
and 5(p-5) of that Section) for the  1997-1998  school  year,
pursuant  to the provisions of that Section as it was then in
effect.
    (2)  If, as provided in paragraph (1) of this  subsection
(J),  a school district is to receive aggregate general State
aid in combination with supplemental general State aid  under
this  Section  for the 1998-99 school year and any subsequent
school year that in any such school year  is  less  than  the
amount  of  the  aggregate general State aid entitlement that
the district received for the 1997-98 school year, the school
district shall also receive, from  a  separate  appropriation
made  for  purposes  of  this subsection (J), a supplementary
payment that is equal to the amount of the difference in  the
aggregate State aid figures as described in paragraph (1).
    (3)  (Blank).

(K)  Grants to Laboratory and Alternative Schools.
    In  calculating  the  amount  to be paid to the governing
board of a  public  university  that  operates  a  laboratory
school  under  this Section or to any alternative school that
is operated by a  regional  superintendent  of  schools,  the
State Board of Education shall require by rule such reporting
requirements as it deems necessary.
    As  used  in  this  Section,  "laboratory school" means a
public school which is  created  and  operated  by  a  public
university and approved by the State Board of Education.  The
governing  board  of a public university which receives funds
from the State  Board  under  this  subsection  (K)  may  not
increase  the  number  of students enrolled in its laboratory
school from a single district, if that  district  is  already
sending  50 or more students, except under a mutual agreement
between the school board of a student's district of residence
and the university which operates the laboratory  school.   A
laboratory  school  may  not  have  more than 1,000 students,
excluding students with disabilities in a  special  education
program.
    As  used  in  this  Section, "alternative school" means a
public school which is created and  operated  by  a  Regional
Superintendent  of Schools and approved by the State Board of
Education.  Such alternative schools  may  offer  courses  of
instruction  for  which  credit  is  given  in regular school
programs, courses to prepare students  for  the  high  school
equivalency  testing  program  or vocational and occupational
training.   A regional superintendent of schools may contract
with a school district or a public community college district
to operate an  alternative  school.   An  alternative  school
serving  more  than  one  educational  service  region may be
established by the regional  superintendents  of  schools  of
those   the   affected   educational   service  regions.   An
alternative school serving more than one educational  service
region  may  be  operated  under  such  terms as the regional
superintendents  of  schools  of  those  educational  service
regions may agree.
    Each laboratory and alternative  school  shall  file,  on
forms  provided  by the State Superintendent of Education, an
annual  State  aid  claim  which  states  the  Average  Daily
Attendance of the school's students by  month.   The  best  3
months'  Average  Daily Attendance shall be computed for each
school. The general State aid entitlement shall  be  computed
by multiplying the applicable Average Daily Attendance by the
Foundation Level as determined under this Section.

(L)  Payments,   Additional   Grants   in   Aid   and   Other
Requirements.
    (1)  For  a school district operating under the financial
supervision of an Authority created under  Article  34A,  the
general  State  aid  otherwise payable to that district under
this Section, but not the  supplemental  general  State  aid,
shall  be  reduced  by  an amount equal to the budget for the
operations of the Authority as certified by the Authority  to
the  State  Board  of  Education, and an amount equal to such
reduction shall be paid to the  Authority  created  for  such
district for its operating expenses in the manner provided in
Section 18-11.  The remainder of general State school aid for
any  such  district  shall be paid in accordance with Article
34A when that Article provides for a disposition  other  than
that provided by this Article.
    (2)  Impaction.   Impaction  payments  shall  be  made as
provided for in Section 18-4.2.
    (3)  Summer school.  Summer school payments shall be made
as provided in Section 18-4.3.

(M)  Education Funding Advisory Board.
    The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of  the  Senate.
The   members  appointed  shall  include  representatives  of
education, business, and  the  general  public.  One  of  the
members  so  appointed shall be designated by the Governor at
the time the appointment is made as the  chairperson  of  the
Board.  The initial members of the Board may be appointed any
time after the effective date of this amendatory Act of 1997.
The regular term of each member of the Board shall be  for  4
years  from  the third Monday of January of the year in which
the term of the member's appointment is to  commence,  except
that  of  the  5  initial  members  appointed to serve on the
Board, the member who is appointed as the  chairperson  shall
serve  for  a  term  that commences on the date of his or her
appointment and expires on the third Monday of January, 2002,
and the remaining 4 members,  by  lots  drawn  at  the  first
meeting  of  the  Board  that is held after all 5 members are
appointed, shall determine 2 of their  number  to  serve  for
terms   that   commence  on  the  date  of  their  respective
appointments and expire on the third Monday of January, 2001,
and 2 of their number to serve for terms that commence on the
date of their respective appointments and expire on the third
Monday of January, 2000.  All members appointed to  serve  on
the  Board  shall serve until their respective successors are
appointed and confirmed.  Vacancies shall be  filled  in  the
same  manner  as  original  appointments.   If  a  vacancy in
membership occurs at  a  time  when  the  Senate  is  not  in
session,  the  Governor  shall  make  a temporary appointment
until the next meeting of the Senate, when he  or  she  shall
appoint,  by and with the advice and consent of the Senate, a
person to fill that membership for the  unexpired  term.   If
the  Senate  is  not in session when the initial appointments
are made, those appointments shall be made as in the case  of
vacancies.
    The  Education  Funding  Advisory  Board  shall be deemed
established,  and  the  initial  members  appointed  by   the
Governor  to serve as members of the Board shall take office,
on the date that the Governor makes his or her appointment of
the fifth initial member of the Board, whether those  initial
members   are   then  serving  pursuant  to  appointment  and
confirmation or pursuant to temporary appointments  that  are
made by the Governor as in the case of vacancies.
    The  State  Board  of  Education shall provide such staff
assistance to the Education  Funding  Advisory  Board  as  is
reasonably  required  for the proper performance by the Board
of its responsibilities.
    For school years after the  2000-2001  school  year,  the
Education  Funding  Advisory  Board, in consultation with the
State Board  of  Education,  shall  make  recommendations  as
provided  in  this subsection (M) to the General Assembly for
the foundation level under subdivision (B)(3) of this Section
and for the supplemental general State aid grant level  under
subsection  (H)  of  this  Section  for  districts  with high
concentrations of children  from  poverty.   The  recommended
foundation  level  shall be determined based on a methodology
which  incorporates  the  basic  education  expenditures   of
low-spending  schools  exhibiting  high academic performance.
The  Education  Funding  Advisory  Board  shall   make   such
recommendations  to  the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.

(N)  General State Aid Adjustment Grant.
    (1)  Any  school  district  subject   to   property   tax
extension  limitations as imposed under the provisions of the
Property Tax Extension Limitation Law shall  be  entitled  to
receive,  subject  to  the qualifications and requirements of
this  subsection,  a  general  State  aid  adjustment  grant.
Eligibility for this grant shall be determined on  an  annual
basis  and claims for grant payments shall be paid subject to
appropriations  made  specific  to  this   subsection.    For
purposes  of  this  subsection the following terms shall have
the following meanings:
    "Budget Year":  The school year for which  general  State
aid is calculated and awarded under subsection (E).
    "Current  Year":   The  school year immediately preceding
the Budget Year.
    "Base Tax Year":  The property  tax  levy  year  used  to
calculate the Budget Year allocation of general State aid.
    "Preceding   Tax  Year":   The  property  tax  levy  year
immediately preceding the Base Tax Year.
    "Extension  Limitation   Ratio":   A   numerical   ratio,
certified  by  a school district's County Clerk, in which the
numerator  is  the  Base  Tax  Year's  tax  extension  amount
resulting from the Limiting Rate and the denominator  is  the
Preceding  Tax Year's tax extension amount resulting from the
Limiting Rate.
    "Limiting Rate":  The limiting rate  as  defined  in  the
Property Tax Extension Limitation Law.
    "Preliminary  Tax  Rate":  The  tax rate for all purposes
except bond and interest that would have been used to  extend
those  taxes  absent  the  provisions  of  the  Property  Tax
Extension Limitation Law.
    (2)  To qualify for a general State aid adjustment grant,
a  school district must meet all of the following eligibility
criteria for each Budget Year for which a grant is claimed:
         (a)  (Blank).
         (b)  The Preliminary Tax Rate of the school district
    for the Base Tax Year was reduced by  the  Clerk  of  the
    County  as  a  result of the requirements of the Property
    Tax Extension Limitation Law.
         (c)  The Available Local Resources per pupil of  the
    school  district as calculated pursuant to subsection (D)
    using the Base Tax Year are less than the product of 1.75
    times the Foundation Level for the Budget Year.
         (d)  The school district  has  filed  a  proper  and
    timely  claim for a general State aid adjustment grant as
    required under this subsection.
    (3)  A claim for grant assistance under  this  subsection
shall be filed with the State Board of Education on or before
April  1 of the Current Year for a grant for the Budget Year.
The claim shall be made on  forms  prescribed  by  the  State
Board  of  Education  and  must  be  accompanied by a written
statement from the Clerk of the County, certifying:
         (a)  That the school district  had  its  Preliminary
    Tax Rate for the Base Tax Year reduced as a result of the
    Property Tax Extension Limitation Law.
         (b)  (Blank).
         (c)  The  Extension Limitation Ratio as that term is
    defined in this subsection.
    (4)  On or before August 1 of the Budget Year  the  State
Board  of Education shall calculate, for all school districts
meeting the other requirements of this subsection, the amount
of the general State aid adjustment grant, if any,  that  the
school  districts are eligible to receive in the Budget Year.
The amount of the general State aid adjustment grant shall be
calculated as follows:
         (a)  Determine the school district's  general  State
    aid  grant  for the Budget Year as provided in accordance
    with the provisions of subsection (E).
         (b)  Determine the school district's adjusted  level
    of  general  State aid by utilizing in the calculation of
    Available  Local   Resources   the   equalized   assessed
    valuation  that  was  used to calculate the general State
    aid for the  preceding  fiscal  year  multiplied  by  the
    Extension Limitation Ratio.
         (c)  Subtract  the  sum  derived in subparagraph (a)
    from the sum derived in subparagraph (b).  If the  result
    is  a  positive  number, that amount shall be the general
    State aid adjustment grant that the district is  eligible
    to receive.
    (5)  The  State  Board  of Education shall in the Current
Year, based upon claims filed in the Current Year,  recommend
to  the  General  Assembly  an  appropriation  amount for the
general State aid adjustment grants to be made in the  Budget
Year.
    (6)  Claims for general State aid adjustment grants shall
be  paid  in  a lump sum on or before January 1 of the Budget
Year only from appropriations made by  the  General  Assembly
expressly  for  claims under this subsection.  No such claims
may be paid from amounts appropriated for any  other  purpose
provided  for  under  this  Section.   In  the event that the
appropriation   for   claims   under   this   subsection   is
insufficient to meet all Budget Year  claims  for  a  general
State aid adjustment grant, the appropriation available shall
be  proportionately  prorated by the State Board of Education
amongst all districts filing for and entitled to payments.
    (7)  The State Board of Education  shall  promulgate  the
required  claim  forms  and  rules necessary to implement the
provisions of this subsection.

(O)  References.
    (1)  References in other laws to the various subdivisions
of Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to  refer
to  the  corresponding provisions of this Section 18-8.05, to
the extent that those references remain applicable.
    (2)  References in other laws to State  Chapter  1  funds
shall  be  deemed  to refer to the supplemental general State
aid provided under subsection (H) of this Section.
(Source:  P.A.  90-548,  eff.  7-1-98;  incorporates  90-566;
90-653, eff. 7-29-98;  90-654,  eff.  7-29-98;  90-655,  eff.
7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; revised
2-17-99.)

    Section  20.  The Children's Health Insurance Program Act
is amended by changing Section 35 as follows:

    (215 ILCS 106/35)
    (Section scheduled to be repealed on June 30, 2001)
    Sec. 35.  Funding.
    (a)  This Program is not an entitlement and shall not  be
construed  to  create  an  entitlement.   Eligibility for the
Program is subject to appropriation of funds by the State and
federal governments.  Subdivision (a)(2) of Section 25  shall
operate  and  be funded only if subdivision (a)(1) of Section
25 is operational and funded.  The estimated net State  share
of  appropriated  funds  for subdivision (a)(2) of Section 25
shall  be  equal  to  the  estimated  net  State   share   of
appropriated funds for subdivision (a)(1) of Section 25.
    (b)  Any  requirement  imposed  under  this  Act  and any
implementation of this Act by the Department shall  cease  in
the   event  (1)  continued  receipt  of  federal  funds  for
implementation of this Act requires an amendment to this Act,
or (2) federal funds for implementation of the  Act  are  not
otherwise available.
    (c)  Payments  under  this Act shall be appropriated from
the General Revenue Fund and other funds that are  authorized
to  be  used to reimburse or make medical payments for health
care benefits under this Act  or  Title  XXI  of  the  Social
Security Act.
    (d)  Benefits  under  this Act shall be available only as
long as the intergovernmental  agreements  made  pursuant  to
Section 12-4.7 and Article XV of the Illinois Public Aid Code
and  entered  into between the Department and the Cook County
Board of Commissioners continue to exist.
(Source: P.A. 90-736, eff. 8-12-98.)

    Section 25.  The Illinois Public Aid Code is  amended  by
changing  Sections  5-5.4, 10-3.1, 10-8, 10-10, 10-16, 10-19,
12-4.11, 12-4.34, 12-9, 12-10, 12-11, 15-2,  15-3,  and  15-4
and adding Section 12-9.1 as follows:

    (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
    Sec.  5-5.4.  Standards of Payment - Department of Public
Aid.  The Department of Public Aid shall develop standards of
payment of skilled nursing and intermediate care services  in
facilities providing such services under this Article which:
    (1)  Provides  for  the  determination  of  a  facility's
payment for skilled nursing and intermediate care services on
a  prospective basis.  The amount of the payment rate for all
nursing facilities certified  under  the  medical  assistance
program  shall  be  prospectively established annually on the
basis  of  historical,  financial,   and   statistical   data
reflecting  actual  costs  from  prior  years, which shall be
applied to the current rate year and updated  for  inflation,
except  that  the  capital cost element for newly constructed
facilities  shall  be  based  upon  projected  budgets.   The
annually established payment rate shall take effect on July 1
in 1984  and  subsequent  years.   Rate  increases  shall  be
provided  annually  thereafter  on July 1 in 1984 and on each
subsequent July 1 in the following years, except that no rate
increase and no update for inflation shall be provided on  or
after  July  1,  1994  and  before  July 1, 2000 1999, unless
specifically provided for in this Section.
    For facilities  licensed  by  the  Department  of  Public
Health  under  the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on  July
1,  1998  shall  include  an  increase of 3%.  For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Skilled Nursing facilities  or  Intermediate
Care  facilities,  the  rates  taking  effect on July 1, 1998
shall include an increase of 3% plus $1.10 per  resident-day,
as defined by the Department.
    For  facilities  licensed  by  the  Department  of Public
Health under the Nursing Home Care Act as  Intermediate  Care
for the Developmentally Disabled facilities or Long Term Care
for  Under Age 22 facilities, the rates taking effect on July
1, 1999 shall include an increase  of  1.6%  plus  $3.00  per
resident-day,  as  defined by the Department.  For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Skilled Nursing facilities  or  Intermediate
Care  facilities,  the  rates  taking  effect on July 1, 1999
shall include an increase of 1.6% and, for services  provided
on  or after October 1, 1999, shall be increased by $4.00 per
resident-day, as defined by the Department.
    Rates established effective  each  July  1  shall  govern
payment  for  services  rendered throughout that fiscal year,
except that rates  established  on  July  1,  1996  shall  be
increased  by  6.8% for services provided on or after January
1, 1997.  Such rates will be based upon the rates  calculated
for the year beginning July 1, 1990, and for subsequent years
thereafter  shall  be  based on the facility cost reports for
the facility fiscal year ending at any point in  time  during
the  previous  calendar  year, updated to the midpoint of the
rate year.  The  cost  report  shall  be  on  file  with  the
Department  no  later  than April 1 of the current rate year.
Should the cost report  not  be  on  file  by  April  1,  the
Department  shall  base  the  rate  on the latest cost report
filed by each skilled care  facility  and  intermediate  care
facility,  updated  to the midpoint of the current rate year.
In determining rates for services rendered on and after  July
1,  1985, fixed time shall not be computed at less than zero.
The Department shall not make any alterations of  regulations
which  would  reduce  any component of the Medicaid rate to a
level below what that component would have been utilizing  in
the rate effective on July 1, 1984.
    (2)  Shall take into account the actual costs incurred by
facilities  in  providing  services for recipients of skilled
nursing and intermediate  care  services  under  the  medical
assistance program.
    (3)  Shall    take   into   account   the   medical   and
psycho-social characteristics and needs of the patients.
    (4)  Shall take into account the actual costs incurred by
facilities in meeting licensing and  certification  standards
imposed  and  prescribed by the State of Illinois, any of its
political subdivisions or municipalities and  by  the  United
States  Department  of Health, Education and Welfare pursuant
to Title XIX of the Social Security Act.
    The  Department  of  Public  Aid  shall  develop  precise
standards for payments to reimburse  nursing  facilities  for
any  utilization  of appropriate rehabilitative personnel for
the provision of rehabilitative services which is  authorized
by  federal regulations, including reimbursement for services
provided by qualified therapists or qualified assistants, and
which is in accordance with accepted professional  practices.
Reimbursement  also  may  be  made  for  utilization of other
supportive personnel under appropriate supervision.
(Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96; 90-9,
eff. 7-1-97; 90-588, eff. 7-1-98.)

    (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
    Sec.  10-3.1.   Child  and  Spouse  Support  Unit.    The
Illinois Department shall establish within its administrative
staff  a  Child  and  Spouse  Support  Unit to search for and
locate absent parents and spouses liable for the  support  of
persons  resident  in  this State and to exercise the support
enforcement  powers   and   responsibilities   assigned   the
Department  by  this  Article.  The unit shall cooperate with
all law enforcement officials in  this  State  and  with  the
authorities  of  other States in locating persons responsible
for the support of persons resident in other States and shall
invite  the  cooperation  of   these   authorities   in   the
performance of its duties.
    In addition to other duties assigned the Child and Spouse
Support  Unit  by  this  Article,  the  Unit may refer to the
Attorney General  or  units  of  local  government  with  the
approval  of the Attorney General, any actions under Sections
10-10 and 10-15  for  judicial  enforcement  of  the  support
liability.   The  Child and Spouse Support Unit shall act for
the Department in referring to the Attorney  General  support
matters  requiring judicial enforcement under other laws.  If
requested by the Attorney General to so act, as  provided  in
Section  12-16, attorneys of the Unit may assist the Attorney
General or themselves institute  actions  in  behalf  of  the
Illinois  Department  under  the  Revised  Uniform Reciprocal
Enforcement of Support Act; under the Illinois Parentage  Act
of 1984; under the Non-Support of Spouse and Children Act; or
under  any other law, State or Federal, providing for support
of a spouse or dependent child.
    The Illinois Department shall also have the authority  to
enter  into  agreements  with  local  governmental  units  or
individuals,  with  the approval of the Attorney General, for
the collection of moneys owing because of the  failure  of  a
parent to make child support payments for any child receiving
services  under  this  Article.   Such agreements may be on a
contingent fee basis,  but  such  contingent  fee  shall  not
exceed 25% of the total amount collected.
    An  attorney who provides representation pursuant to this
Section shall represent the Illinois Department  exclusively.
Regardless  of  the designation of the plaintiff in an action
brought  pursuant  to  this   Section,   an   attorney-client
relationship  does  not  exist  for  purposes  of that action
between that attorney and (i) an applicant for  or  recipient
of  child and spouse support services or (ii) any other party
to the action other than the Illinois Department.  Nothing in
this Section shall be construed to modify any power  or  duty
(including  a  duty to maintain confidentiality) of the Child
and Spouse Support Unit or the Illinois Department  otherwise
provided by law.
    The  Illinois  Department  may also enter into agreements
with local  governmental  units  for  the  Child  and  Spouse
Support  Unit  to  exercise the investigative and enforcement
powers designated in this Article, including the issuance  of
administrative   orders  under  Section  10-11,  in  locating
responsible  relatives  and  obtaining  support  for  persons
applying for or receiving aid under Article VI.  Payments for
defrayment  of  administrative  costs  and  support  payments
obtained shall be deposited into the  DHS  Public  Assistance
Recoveries  Trust  Fund.  Support payments shall be paid over
to the General Assistance Fund of the local governmental unit
at such time or times as the agreement may specify.
    With respect to those  cases  in  which  it  has  support
enforcement  powers  and responsibilities under this Article,
the Illinois Department may provide by rule for  periodic  or
other  review  of  each  administrative  and  court order for
support to determine whether  a  modification  of  the  order
should  be  sought. The Illinois Department shall provide for
and conduct such review in  accordance  with  any  applicable
federal law and regulation.
    As  part of its process for review of orders for support,
the Illinois Department, through written notice, may  require
the  responsible  relative  to  disclose  his  or  her Social
Security Number and past and present  information  concerning
the  relative's  address, employment, gross wages, deductions
from gross wages, net wages, bonuses, commissions, number  of
dependent exemptions claimed, individual and dependent health
insurance  coverage,  and  any other information necessary to
determine the relative's ability to provide support in a case
receiving  child  and  spouse  support  services  under  this
Article X.
    The Illinois Department may send a  written  request  for
the   same  information  to  the  relative's  employer.   The
employer shall respond to the request for information  within
15 days after the date the employer receives the request.  If
the  employer  willfully  fails  to  fully respond within the
15-day period, the employer shall pay a penalty of  $100  for
each  day  that  the response is not provided to the Illinois
Department after the 15-day period has expired.  The  penalty
may  be  collected  in  a  civil  action which may be brought
against the employer in favor of the Illinois Department.
    A written request for information  sent  to  an  employer
pursuant  to  this Section shall consist of (i) a citation of
this Section as the statutory authority for the  request  and
for  the  employer's  obligation  to  provide  the  requested
information,   (ii)  a  returnable  form  setting  forth  the
employer's name and address  and  listing  the  name  of  the
employee  with  respect to whom information is requested, and
(iii) a citation of this Section as the  statutory  authority
authorizing  the employer to withhold a fee of up to $20 from
the wages or income to be paid to each  responsible  relative
for  providing  the  information  to  the Illinois Department
within the 15-day period.  If  the  employer  is  withholding
support  payments  from  the  responsible  relative's  income
pursuant  to  an  order  for  withholding,  the  employer may
withhold the fee provided for  in  this  Section  only  after
withholding support as required under the order.  Any amounts
withheld  from  the responsible relative's income for payment
of support and the fee provided for in this Section shall not
be in excess of  the  amounts  permitted  under  the  federal
Consumer Credit Protection Act.
    In  a  case  receiving child and spouse support services,
the Illinois Department may request  and  obtain  information
from  a  particular  employer under this Section no more than
once in  any  12-month  period,  unless  the  information  is
necessary  to  conduct  a review of a court or administrative
order for support at the  request  of  the  person  receiving
child and spouse support services.
    The  Illinois  Department shall establish and maintain an
administrative unit to receive and transmit to the Child  and
Spouse  Support Unit information supplied by persons applying
for or receiving child  and  spouse  support  services  under
Section  10-1.   In  addition,  the Illinois Department shall
address and respond to any alleged deficiencies that  persons
receiving  or applying for services from the Child and Spouse
Support Unit may identify concerning  the  Child  and  Spouse
Support   Unit's   provision  of  child  and  spouse  support
services. Within 60 days after an action or failure to act by
the Child and Spouse Support Unit that  affects  his  or  her
case,  a  recipient  of  or  applicant  for  child and spouse
support services under Article X of this Code may request  an
explanation  of  the  Unit's  handling  of  the case.  At the
requestor's option, the explanation may  be  provided  either
orally  in an interview, in writing, or both. If the Illinois
Department fails to respond to the request for an explanation
or fails to respond in a manner satisfactory to the applicant
or recipient within 30 days from the date of the request  for
an  explanation,  the  applicant  or  recipient may request a
conference for further review of the matter by the Office  of
the  Administrator  of  the  Child and Spouse Support Unit. A
request for a conference may be submitted at any time  within
60  days after the explanation has been provided by the Child
and Spouse Support Unit or within 60 days after the time  for
providing the explanation has expired.
    The  applicant  or  recipient  may  request  a conference
concerning any  decision  denying  or  terminating  child  or
spouse support services under Article X of this Code, and the
applicant   or   recipient  may  also  request  a  conference
concerning the Unit's failure  to  provide  services  or  the
provision  of  services  in  an  amount  or  manner  that  is
considered  inadequate.   For  purposes  of this Section, the
Child and Spouse Support Unit includes all local governmental
units or individuals with whom the  Illinois  Department  has
contracted under Section 10-3.1.
    Upon  receipt  of  a timely request for a conference, the
Office of the  Administrator  shall  review  the  case.   The
applicant  or  recipient  requesting  the conference shall be
entitled, at his or her option, to appear  in  person  or  to
participate in the conference by telephone.  The applicant or
recipient  requesting  the conference shall be entitled to be
represented and to be afforded a  reasonable  opportunity  to
review  the  Illinois  Department's  file  before  or  at the
conference.  At the conference, the  applicant  or  recipient
requesting the conference shall be afforded an opportunity to
present  all relevant matters in support of his or her claim.
Conferences  shall  be  without  cost  to  the  applicant  or
recipient requesting the conference and shall be conducted by
a representative of the Child or Spouse Support Unit who  did
not participate in the action or inaction being reviewed.
    The   Office   of   the  Administrator  shall  conduct  a
conference and inform all interested parties, in writing,  of
the results of the conference within 60 days from the date of
filing of the request for a conference.
    In  addition  to  its  other  powers and responsibilities
established by this Article, the  Child  and  Spouse  Support
Unit shall conduct an annual assessment of each institution's
program  for  institution based paternity establishment under
Section 12 of the Vital Records Act.
(Source: P.A. 90-18, eff. 7-1-97.)

    (305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
    Sec. 10-8.  Support Payments -  Partial  Support  -  Full
Support.)    The   notice  to  responsible  relatives  issued
pursuant to Section 10-7 shall  direct  payment  (a)  to  the
Illinois  Department  in  cases  of applicants and recipients
under Articles III, IV, V and VII, (b) except as provided  in
Section 10-3.1, to the local governmental unit in the case of
applicants  and  recipients  under Article VI, and (c) to the
Illinois  Department   in   cases   of   non-applicants   and
non-recipients  given  access to the child and spouse support
services of  this  Article,  as  provided  by  Section  10-1.
However, if the support payments by responsible relatives are
sufficient  to  meet  needs of a recipient in full, including
current and  anticipated  medical  needs,  and  the  Illinois
Department  or  the  local governmental unit, as the case may
be, has reasonable grounds to believe that  such  needs  will
continue to be provided in full by the responsible relatives,
the  relatives  may  be  directed  to make subsequent support
payments to the needy person or to some person or  agency  in
his behalf and the recipient shall be removed from the rolls.
In  such  instance  the  recipient  also shall be notified by
registered or certified mail  of  the  action  taken.   If  a
recipient  removed  from  the  rolls  requests  the  Illinois
Department to continue to collect the support payments in his
behalf,  the  Department,  at  its  option, may do so and pay
amounts so collected  to  the  person.   The  Department  may
provide  for deducting any costs incurred by it in making the
collection from the amount of any recovery made and pay  only
the net amount to the person.
    Payments  under  this  Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be  paid  into
the Child Support Enforcement Trust Fund.  All other payments
under  this  Section  to  the  Illinois  Department  of Human
Services shall be deposited  in  the  DHS  Public  Assistance
Recoveries  Trust Fund.  Disbursements from these funds shall
be as provided in Sections 12-9.1 12-9 and  12-10.2  of  this
Code.   Payments  received by a local governmental unit shall
be deposited in that unit's General Assistance Fund.
(Source: P.A. 83-1126.)

    (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
    Sec. 10-10.  Court  enforcement;  applicability  also  to
persons  who  are not applicants or recipients.  Except where
the Illinois Department, by agreement,  acts  for  the  local
governmental  unit,  as  provided  in  Section  10-3.1, local
governmental units shall refer to the State's Attorney or  to
the proper legal representative of the governmental unit, for
judicial   enforcement   as  herein  provided,  instances  of
non-support or insufficient support when the  dependents  are
applicants  or  recipients  under  Article VI.  The Child and
Spouse  Support  Unit  established  by  Section  10-3.1   may
institute  in  behalf  of the Illinois Department any actions
under this Section for judicial enforcement  of  the  support
liability   when   the   dependents  are  (a)  applicants  or
recipients under Articles III, IV, V or VII (b) applicants or
recipients in a local governmental  unit  when  the  Illinois
Department,   by   agreement,  acts  for  the  unit;  or  (c)
non-applicants or non-recipients who  are  receiving  support
enforcement  services  under  this  Article X, as provided in
Section 10-1.  Where the Child and Spouse  Support  Unit  has
exercised   its  option  and  discretion  not  to  apply  the
provisions of Sections 10-3 through 10-8, the failure by  the
Unit  to apply such provisions shall not be a bar to bringing
an action under this Section.
    Action shall be brought in the circuit  court  to  obtain
support, or for the recovery of aid granted during the period
such  support was not provided, or both for the obtainment of
support and the recovery of the aid  provided.   Actions  for
the  recovery  of  aid may be taken separately or they may be
consolidated with actions to obtain  support.   Such  actions
may be brought in the name of the person or persons requiring
support,  or  may  be  brought  in  the  name of the Illinois
Department or  the  local  governmental  unit,  as  the  case
requires, in behalf of such persons.
    The court may enter such orders for the payment of moneys
for  the  support  of the person as may be just and equitable
and may direct payment thereof for such period or periods  of
time  as  the  circumstances require, including support for a
period before the date the order for support is entered.  The
order may be entered against any  or  all  of  the  defendant
responsible relatives and may be based upon the proportionate
ability of each to contribute to the person's support.
    The  Court  shall  determine  the amount of child support
(including child support for a period  before  the  date  the
order  for  child support is entered) by using the guidelines
and standards set forth in subsection (a) of Section 505  and
in  Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act. For purposes of determining the amount of child
support to be paid for a period before the date the order for
child support is entered, there is a  rebuttable  presumption
that  the  responsible  relative's net income for that period
was the same as his or her net income at the time  the  order
is entered.
    An  order  entered  under  this  Section  shall include a
provision requiring the obligor to report to the obligee  and
to  the  clerk  of court within 10 days each time the obligor
obtains  new  employment,  and  each   time   the   obligor's
employment  is terminated for any reason. The report shall be
in writing and shall, in the case of new employment,  include
the  name  and address of the new employer. Failure to report
new employment or the termination of current  employment,  if
coupled  with nonpayment of support for a period in excess of
60 days, is indirect  criminal  contempt.   For  any  obligor
arrested  for  failure to report new employment bond shall be
set in the amount of the child support that should have  been
paid  during  the  period of unreported employment.  An order
entered under this Section shall  also  include  a  provision
requiring  the  obligor  and  obligee  parents to advise each
other of a change in residence within 5 days  of  the  change
except  when  the  court  finds that the physical, mental, or
emotional health of a party or that  of  a  minor  child,  or
both,  would  be  seriously  endangered  by disclosure of the
party's address.
    The Court shall determine the amount of maintenance using
the standards set  forth  in  Section  504  of  the  Illinois
Marriage and Dissolution of Marriage Act.
    Any  new  or  existing support order entered by the court
under this  Section  shall  be  deemed  to  be  a  series  of
judgments   against  the  person  obligated  to  pay  support
thereunder, each such judgment to be in the  amount  of  each
payment  or  installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have  the  full  force,  effect  and
attributes of any other judgment of this State, including the
ability  to  be  enforced.   Any  such judgment is subject to
modification or termination only in accordance  with  Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A  lien  arises  by  operation  of  law  against the real and
personal  property  of  the  noncustodial  parent  for   each
installment  of  overdue  support  owed  by  the noncustodial
parent.
    When an order is entered for the support of a minor,  the
court  may  provide  therein for reasonable visitation of the
minor by the person or persons who provided support  pursuant
to  the order.  Whoever willfully refuses to comply with such
visitation order or willfully interferes with its enforcement
may be declared in contempt of court and punished therefor.
    Except where the local governmental unit has entered into
an agreement with the Illinois Department for the  Child  and
Spouse  Support  Unit  to  act for it, as provided in Section
10-3.1,  support  orders  entered  by  the  court  in   cases
involving  applicants  or  recipients  under Article VI shall
provide that payments thereunder  be  made  directly  to  the
local governmental unit.  Orders for the support of all other
applicants   or   recipients   shall  provide  that  payments
thereunder be made directly to the  Illinois  Department.  In
accordance  with  federal  law  and regulations, the Illinois
Department  may  continue  to  collect  current   maintenance
payments  or  child  support  payments,  or both, after those
persons  cease  to  receive  public  assistance   and   until
termination  of  services  under  Article  X.   The  Illinois
Department  shall  pay  the  net  amount  collected  to those
persons after deducting any  costs  incurred  in  making  the
collection  or  any  collection  fee  from  the amount of any
recovery made.  In both cases  the  order  shall  permit  the
local  governmental  unit  or the Illinois Department, as the
case may be, to direct the responsible relative or  relatives
to  make support payments directly to the needy person, or to
some person or agency in his  behalf,  upon  removal  of  the
person  from  the  public  aid  rolls  or upon termination of
services under Article X.
    If the notice of support due issued pursuant  to  Section
10-7  directs  that  support payments be made directly to the
needy person, or to some person or agency in his behalf,  and
the  recipient  is  removed  from the public aid rolls, court
action  may  be  taken  against  the   responsible   relative
hereunder  if  he fails to furnish support in accordance with
the terms of such notice.
    Actions may also be brought under this Section in  behalf
of  any  person  who  is  in need of support from responsible
relatives, as defined in Section 2-11 of Article  II  who  is
not an applicant for or recipient of financial aid under this
Code.   In such instances, the State's Attorney of the county
in which such person resides shall bring action  against  the
responsible relatives hereunder.  If the Illinois Department,
as  authorized  by Section 10-1, extends the support services
provided by this Article to spouses  and  dependent  children
who  are  not  applicants  or recipients under this Code, the
Child and Spouse Support Unit established by  Section  10-3.1
shall   bring   action   against  the  responsible  relatives
hereunder and any support orders entered by the court in such
cases shall provide that payments thereunder be made directly
to the Illinois Department.
    Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance  obligation  that  the
person  owing  a duty of support is unemployed, the court may
order the person to seek employment and  report  periodically
to the court with a diary, listing or other memorandum of his
or  her efforts in accordance with such order.  Additionally,
the court may order the unemployed person to  report  to  the
Department  of Employment Security for job search services or
to make application with the local Jobs Training  Partnership
Act  provider  for  participation  in job search, training or
work programs and where the duty of  support  is  owed  to  a
child  receiving  support  services under this Article X, the
court may order  the  unemployed  person  to  report  to  the
Illinois Department for participation in job search, training
or  work  programs  established under Section 9-6 and Article
IXA of this Code.
    Whenever it is determined that  a  person  owes  past-due
support for a child receiving assistance under this Code, the
court shall order at the request of the Illinois Department:
         (1)  that  the  person  pay  the past-due support in
    accordance with a plan approved by the court; or
         (2)  if  the  person  owing  past-due   support   is
    unemployed,  is  subject  to  such  a  plan,  and  is not
    incapacitated, that the person participate  in  such  job
    search,  training,  or  work  programs  established under
    Section 9-6 and Article IXA of this  Code  as  the  court
    deems appropriate.
    A   determination   under   this  Section  shall  not  be
administratively reviewable by the  procedures  specified  in
Sections  10-12,  and  10-13  to 10-13.10.  Any determination
under these Sections, if made the basis of court action under
this  Section,  shall  not  affect  the  de   novo   judicial
determination required under this Section.
    A  one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued
under a support order entered by the court.  The charge shall
be imposed in accordance with the provisions of Section 10-21
of this  Code  and  shall  be  enforced  by  the  court  upon
petition.
    All  orders  for support, when entered or modified, shall
include a provision requiring  the  non-custodial  parent  to
notify  the court and, in cases in which a party is receiving
child and spouse support services under this Article  X,  the
Illinois Department, within 7 days, (i) of the name, address,
and telephone number of any new employer of the non-custodial
parent,  (ii)  whether the non-custodial parent has access to
health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names
of persons covered under the policy, and  (iii)  of  any  new
residential  or  mailing  address  or telephone number of the
non-custodial parent.  In any subsequent action to enforce  a
support  order,  upon  a  sufficient  showing that a diligent
effort has  been  made  to  ascertain  the  location  of  the
non-custodial  parent,  service  of  process  or provision of
notice necessary in the case may be made at  the  last  known
address  of  the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this  Code,  which
service shall be sufficient for purposes of due process.
in accordance with the Income Withholding for Support Act
    An  order  for  support shall include a date on which the
current support obligation terminates.  The termination  date
shall  be no earlier than the date on which the child covered
by the order will attain the age of majority or is  otherwise
emancipated.   The  order  for  support  shall state that the
termination date does not apply to  any  arrearage  that  may
remain  unpaid on that date.  Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
    Upon   notification   in   writing   or   by   electronic
transmission from the Illinois Department to the clerk of the
court that a person who is receiving support  payments  under
this  Section  is  receiving services under the Child Support
Enforcement Program established by Title IV-D of  the  Social
Security  Act,  any support payments subsequently received by
the clerk of the court shall  be  transmitted  in  accordance
with  the  instructions  of the Illinois Department until the
Illinois Department gives notice to the clerk of the court to
cease  the  transmittal.  After  providing  the  notification
authorized under  this  paragraph,  the  Illinois  Department
shall  be  entitled  as  a  party  to  notice  of any further
proceedings in the case.  The clerk of the court shall file a
copy of the Illinois Department's notification in  the  court
file.     The   clerk's   failure  to  file  a  copy  of  the
notification in the court file shall not, however, affect the
Illinois Department's right  to  receive  notice  of  further
proceedings.
    Payments  under  this  Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be  paid  into
the Child Support Enforcement Trust Fund.  All other payments
under  this  Section  to  the  Illinois  Department  of Human
Services shall be deposited  in  the  DHS  Public  Assistance
Recoveries  Trust Fund.  Disbursements from these funds shall
be as provided in Sections 12-9.1 12-9 and  12-10.2  of  this
Code.   Payments  received by a local governmental unit shall
be deposited in that unit's General Assistance Fund.
(Source:  P.A.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
90-655, eff.  7-30-98;  90-673,  eff.  1-1-99;  90-790,  eff.
8-14-98; revised 9-14-98.)

    (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
    Sec.   10-16.    Judicial   enforcement   of   court  and
administrative support  orders.)   Court  orders  entered  in
proceedings   under   Section  10-10  and  court  orders  for
enforcement of an administrative order  under  Section  10-15
and for the payment of money may be enforced by attachment as
for  contempt  against  the persons of the defendants, and in
addition, as other judgments for the payment  of  money,  and
costs  may be adjudged against the defendants and apportioned
among them; but if the complaint is dismissed, costs shall be
borne by the Illinois Department or  the  local  governmental
unit,  as  the  case  may  be.   If a responsible relative is
directed  by  the   Illinois   Department,   or   the   local
governmental  unit,  under  the  conditions stated in Section
10-8, to make support payments directly to the person, or  to
some  person or agency in his behalf, the court order entered
against him under  this  Section  or  Section  10-10  may  be
enforced as herein provided if he thereafter fails to furnish
support  in accordance with its terms.  The State of Illinois
shall not be required to make a deposit for or pay any  costs
or  fees  of  any  court or officer thereof in any proceeding
instituted under this Section.
    The  provisions  of  the  Civil  Practice  Law,  and  all
amendments and modifications  thereof,  shall  apply  to  and
govern  all actions instituted under this Section and Section
10-10. In such actions proof that a person  is  an  applicant
for or recipient of public aid under any Article of this Code
shall be prima facie proof that he is a person in necessitous
circumstances  by  reason of infirmity, unemployment or other
cause depriving him of the means of a  livelihood  compatible
with health and well-being.
    Payments  under  this  Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be  paid  into
the Child Support Enforcement Trust Fund.  All other payments
under  this  Section  to  the  Illinois  Department  of Human
Services shall be deposited  in  the  DHS  Public  Assistance
Recoveries  Trust Fund.  Disbursements from these funds shall
be as provided in Sections 12-9.1 12-9 and  12-10.2  of  this
Code.   Payments  received by a local governmental unit shall
be deposited in that unit's General Assistance Fund.
    In addition to the penalties or punishment  that  may  be
imposed   under   this  Section,  any  person  whose  conduct
constitutes a violation of Section 1 of  the  Non-Support  of
Spouse and Children Act may be prosecuted under that Section,
and a person convicted under that Section may be sentenced in
accordance  with  that Section.  The sentence may include but
need not be limited to a requirement that the person  perform
community  service  under  subsection  (b) of that Section or
participate in a work alternative  program  under  subsection
(c)  of  that  Section.  A  person  may  not  be  required to
participate in a work alternative  program  under  subsection
(c)  of that Section if the person is currently participating
in a work program pursuant to Section 10-11.1 of this Code.
(Source: P.A. 90-733, eff. 8-11-98.)

    (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
    Sec. 10-19.  (Support Payments Ordered Under Other Laws -
Where  Deposited.)   The  Illinois   Department   and   local
governmental   units   are  authorized  to  receive  payments
directed by court order for the  support  of  recipients,  as
provided in the following Acts:
    1.  "Non-Support  of  Spouse  and Children Act", approved
June 24, 1915, as amended,
    2.  "Illinois Marriage and Dissolution of Marriage  Act",
as now or hereafter amended,
    3.  The Illinois Parentage Act, as amended,
    4.  "Revised  Uniform  Reciprocal  Enforcement of Support
Act", approved August 28, 1969, as amended,
    5.  The Juvenile Court Act or the Juvenile Court  Act  of
1987, as amended,
    6.  The  "Unified Code of Corrections", approved July 26,
1972, as amended,
    7.  Part 7 of Article XII of the Code of Civil Procedure,
as amended,
    8.  Part 8 of Article XII of the Code of Civil Procedure,
as amended, and
    9.  Other laws which may provide by  judicial  order  for
direct payment of support moneys.
    Payments  under  this  Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be  paid  into
the Child Support Enforcement Trust Fund.  All other payments
under  this  Section  to  the  Illinois  Department  of Human
Services shall be deposited  in  the  DHS  Public  Assistance
Recoveries  Trust Fund.  Disbursements from these funds shall
be as provided in Sections 12-9.1 12-9 and  12-10.2  of  this
Code.   Payments  received by a local governmental unit shall
be deposited in that unit's General Assistance Fund.
(Source: P.A. 86-1028.)

    (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
    Sec. 12-4.11. Grant amounts.   The Department,  with  due
regard  for  and  subject  to  budgetary  limitations,  shall
establish   grant  amounts  for  each  of  the  programs,  by
regulation.  The grant amounts may vary by program,  size  of
assistance unit and geographic area.
    Aid payments shall not be reduced except: (1) for changes
in  the  cost  of items included in the grant amounts, or (2)
for changes in the expenses of  the  recipient,  or  (3)  for
changes   in   the  income  or  resources  available  to  the
recipient, or  (4)  for  changes  in  grants  resulting  from
adoption of a consolidated grant amount.
    In  fixing standards to govern payments or reimbursements
for funeral and burial expenses, the  Department  shall  take
into  account the services essential to a dignified, low-cost
funeral  and  burial,  including  but  no  payment  shall  be
authorized from public aid funds for the funeral in excess of
$650,  exclusive  of  reasonable  amounts  that  as  may   be
necessary  for  burial  space  and  cemetery charges, and any
applicable taxes  or  other  required  governmental  fees  or
charges.  The Department shall authorize no payment in excess
of $325 for a cemetery burial.
    Nothing contained in this Section or in any other Section
of  this  Code  shall  be  construed to prohibit the Illinois
Department (1) from consolidating existing standards  on  the
basis  of  any  standards  which are or were in effect on, or
subsequent to  July  1,  1969,  or  (2)  from  employing  any
consolidated standards in determining need for public aid and
the   amount   of  money  payment  or  grant  for  individual
recipients or recipient families.
(Source:  P.A.  89-507,  eff.  7-1-97;  90-17,  eff.  7-1-97;
90-326,  eff.  8-8-97;  90-372,  eff.  7-1-98;  90-655,  eff.
7-30-98.)

    (305 ILCS 5/12-4.34)
    (Section scheduled to be repealed on August 31, 1999)
    Sec. 12-4.34.  Services to noncitizens.
    (a)  Subject to specific appropriation for  this  purpose
and  notwithstanding  Sections 1-11 and 3-1 of this Code, the
Department  of  Human  Services  is  authorized  to   provide
services  to  legal  immigrants, including but not limited to
naturalization   and   nutrition   services   and   financial
assistance.  The nature of these  services,  payment  levels,
and eligibility conditions shall be determined by rule.
    (b)  The  Illinois  Department is authorized to lower the
payment levels established under this subsection or take such
other actions during the fiscal  year  as  are  necessary  to
ensure  that payments under this subsection do not exceed the
amounts appropriated for this purpose.  These changes may  be
accomplished  by  emergency  rule  under  Section 5-45 of the
Illinois  Administrative  Procedure  Act,  except  that   the
limitation  on  the  number  of  emergency  rules that may be
adopted in a 24-month period shall not apply.
    (c)  This Section is repealed on August 31, 2000 1999.
(Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98.)

    (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
    Sec. 12-9.  Public Aid Assistance Recoveries Trust  Fund;
uses.   The Public Aid Assistance Recoveries Trust Fund shall
consist of (1)  recoveries  by  the  Illinois  Department  of
Public  Aid  authorized by this Code in respect to applicants
or recipients under Articles III, IV,  V,  and  VI  and  VII,
including  recoveries  made  by  the  Illinois  Department of
Public Aid from  the  estates  of  deceased  recipients,  (2)
recoveries  made  by the Illinois Department of Public Aid in
respect to applicants and  recipients  under  the  Children's
Health  Insurance  Program, and (3) federal funds received on
behalf of and  earned  by  local  governmental  entities  for
services  provided  to applicants or recipients covered under
this Code.  and payments received by the Illinois  Department
under  Sections  10-3.1, 10-8, 10-10, 10-16, and 10-19 except
those pursuant  to  the  Child  Support  Enforcement  Program
established  by  Title  IV-D  of  the Social Security Act and
required to be paid into the Child Support Enforcement  Trust
Fund under Section 12-10.2 of this Code, that are required by
such   Sections   to  be  paid  into  the  Public  Assistance
Recoveries Trust Fund. Until July 1, 1998, this Fund shall be
held by the State treasurer as ex-officio  custodian  outside
the  State treasury.  After June 30, 1998,  The Fund shall be
held as a special fund in the State Treasury.
    Disbursements from this Fund shall be only  (1)  for  the
reimbursement  of claims collected by the Illinois Department
of Public Aid through error or mistake, (2)  for  payment  to
persons  or agencies designated as payees or co-payees on any
instrument, whether  or  not  negotiable,  delivered  to  the
Illinois  Department  of  Public Aid as a recovery under this
Section, such payment to be in proportion to  the  respective
interests  of  the payees in the amount so collected, (3) for
payments to the Department of Human Services for  collections
made  by  the  Illinois Department of Public Aid on behalf of
the Department of Human Services under  this  Code,  (4)  for
payments   to  non-recipients,  or  to  former  recipients of
financial aid of the collections  which  are  made  in  their
behalf  under  Article  X  except those pursuant to the Child
Support Enforcement Program established by Title IV-D of  the
Social  Security  Act  required  to  be  paid  from the Child
Support Enforcement Trust Fund under Section 12-10.2 of  this
Code,  (4) for payment to local governmental units of support
payments collected by the Illinois Department pursuant to  an
agreement   under   Section   10-3.1,   (5)  for  payment  of
administrative expenses incurred in performing the activities
authorized under this Code, (5) by  Article  X  except  those
pursuant to the Child Support Enforcement Program established
by  Title IV-D of the Social Security Act required to be paid
from the Child Support Enforcement Trust Fund  under  Section
12-10.2  of  this Code, (6) for payment of fees to persons or
agencies in the performance of  activities  pursuant  to  the
collection  of monies owed the State that are collected under
this Code, (6) except those  monies  pursuant  to  the  Child
Support  Enforcement Program established by Title IV-D of the
Social Security Act  required  to  be  paid  from  the  Child
Support  Enforcement Trust Fund under Section 12-10.2 of this
Code, (7) for payments of any amounts which are  reimbursable
to  the  federal  government which are required to be paid by
State warrant by either the State or federal government,  and
(7)  for  payments  to local governmental entities of federal
funds for  services  provided  to  applicants  or  recipients
covered  under  this Code. (8) for disbursements to attorneys
or advocates for legal representation in  an  appeal  of  any
claim  for  federal  Supplemental  Security  Income  benefits
before an administrative law judge as provided for in Section
3-13  of  this  Code.  Until July 1, 1998, disbursements from
this Fund shall be by warrants drawn by the State Comptroller
as receipt of vouchers duly executed  and  certified  by  the
Illinois  Department.   After  June  30, 1998,  Disbursements
from this Fund for purposes of items (4) and  (5),  (6),  and
(8) of this paragraph shall be subject to appropriations from
the Fund to the Illinois Department of Public Aid.
    The  balance  in  this  Fund  on  the  first  day of each
calendar quarter, after payment  therefrom  of   any  amounts
reimbursable  to the federal government, and minus the amount
reasonably anticipated to be needed to make the disbursements
during that quarter authorized  by  this  Section,  shall  be
certified  by  the  Director  of  the  Illinois Department of
Public Aid and transferred by the State  Comptroller  to  the
General  Revenue Fund in the State Treasury within 30 days of
the first day of each calendar quarter.
    On July 1, 1999, the State Comptroller shall transfer the
sum of $5,000,000 from the Public Aid Recoveries  Trust  Fund
(formerly  the  Public Assistance Recoveries Trust Fund) into
the DHS Recoveries Trust Fund.
(Source: P.A. 90-255, eff. 1-1-98.)

    (305 ILCS 5/12-9.1 new)
    Sec. 12-9.1.  DHS Recoveries Trust Fund; uses.   The  DHS
Recoveries  Trust Fund shall consist of recoveries authorized
by this Code in respect to  applicants  or  recipients  under
Articles  III,  IV,  and  VI,  including  recoveries from the
estates of deceased recipients, and payments received by  the
Illinois  Department of Human Services under Sections 10-3.1,
10-8, 10-10, 10-16, 10-19, and  12-9  that  are  required  by
those Sections to be paid into the DHS Recoveries Trust Fund.
This  Fund  shall  be  held  as  a  special fund in the State
Treasury.
    Disbursements from the Fund shall be  only  (1)  for  the
reimbursement  of claims collected by the Illinois Department
of Human Services through error or mistake, (2)  for  payment
to  persons  or agencies designated as payees or co-payees on
any instrument, whether or not negotiable, delivered  to  the
Illinois  Department  of  Human  Services as a recovery under
this Section,  such  payment  to  be  in  proportion  to  the
respective   interests   of  the  payees  in  the  amount  so
collected, (3) for payments to non-recipients, or  to  former
recipients of financial aid of the collections which are made
in  their  behalf  under  Article X, (4) for payment to local
governmental units  of  support  payments  collected  by  the
Illinois   Department   of  Human  Services  pursuant  to  an
agreement  under  Section  10-3.1,   (5)   for   payment   of
administrative expenses incurred in performing the activities
authorized by Article X, (6) for payment of fees to person or
agencies  in  the  performance  of activities pursuant to the
collection of moneys owed the State, (7) for payments of  any
amounts  which  are  reimbursable  to  the federal government
which are required to be paid by State warrant by either  the
State  or  federal  government,  and (8) for disbursements to
attorneys or advocates for legal representation in an  appeal
of   any  claim  for  federal  Supplemental  Security  Income
benefits before an administrative law judge as  provided  for
in  Section  3-13  of this Code.  Disbursements from the Fund
for purposes of items (5), (6), and  (8)  of  this  paragraph
shall  be  subject  to  appropriations  from  the Fund to the
Illinois Department of Human Services.
    The balance in the Fund on the first day of each calendar
quarter, after payment therefrom of any amounts  reimbursable
to  the  federal  government, and minus the amount reasonably
anticipated to be needed to  make  the  disbursements  during
that  quarter  authorized by this Section, shall be certified
by the Secretary of Human Services  and  transferred  by  the
State  Comptroller to the General Revenue Fund within 30 days
after the first day of each calendar quarter.

    (305 ILCS 5/12-10) (from Ch. 23, par. 12-10)
    Sec. 12-10.  Special  Purposes  Trust  Fund;  uses.   The
Special  Purposes  Trust  Fund,  to be held outside the State
Treasury by the  State  Treasurer  as  ex-officio  custodian,
shall  consist  of  (1)  any  federal  grants  received under
Section 12-4.6 that are not required by Section  12-5  to  be
paid  into  the  General Revenue Fund or transferred into the
Local Initiative Fund under Section 12-10.1 or  deposited  in
the  Employment and Training Fund under Section 12-10.3 or in
the special account established and maintained in  that  Fund
as provided in that Section; (2) grants, gifts or legacies of
moneys  or  securities  received  under  Section 12-4.18; (3)
grants received under Section  12-4.19;  and  (4)  funds  for
child care and development services.  Disbursements from this
Fund  shall  be  only  for  the  purposes  authorized  by the
aforementioned Sections.
    Disbursements from this Fund shall be by  warrants  drawn
by the State Comptroller on receipt of vouchers duly executed
and  certified  by the Illinois Department of Human Services,
including payment to the Health Insurance  Reserve  Fund  for
group insurance costs at the rate certified by the Department
of Central Management Services.
    All   federal   monies   received  as  reimbursement  for
expenditures from the General Revenue Fund,  and  which  were
made  for  the  purposes authorized for expenditures from the
Special Purposes  Trust  Fund,  shall  be  deposited  by  the
Department into the General Revenue Fund.
(Source: P.A. 90-587, eff. 7-1-98.)

    (305 ILCS 5/12-11) (from Ch. 23, par. 12-11)
    Sec.  12-11.   Deposits  by  State  Treasurer.  The State
Treasurer shall deposit moneys received by him as  ex-officio
custodian  of  the  Public  Assistance  Recoveries Trust Fund
(until July 1, 1998), the  Child  Support  Enforcement  Trust
Fund  and the Special Purposes Trust Fund in banks or savings
and loan associations which have  been  approved  by  him  as
State Depositaries under the Deposit of State Moneys Act, and
with  respect  to  such  moneys shall be entitled to the same
rights and privileges  as  are  provided  by  such  Act  with
respect to moneys in the treasury of the State of Illinois.
(Source: P.A. 90-255, eff. 1-1-98.)

    (305 ILCS 5/15-2) (from Ch. 23, par. 15-2)
    Sec. 15-2. County Provider Trust Fund.
    (a)  There  is  created  in the State Treasury the County
Provider Trust Fund.  Interest earned by the  Fund  shall  be
credited  to the Fund.  The Fund shall not be used to replace
any funds appropriated to the Medicaid program by the General
Assembly.
    (b)  The Fund is  created  solely  for  the  purposes  of
receiving,  investing,  and distributing monies in accordance
with this Article XV.  The Fund shall consist of:
         (1)  All  monies  collected  or  received   by   the
    Illinois Department under Section 15-3 of this Code;
         (2)  All   federal  financial  participation  monies
    received by the Illinois Department pursuant to Title XIX
    of  the  Social  Security   Act,   42   U.S.C.   1396(b),
    attributable   to   eligible  expenditures  made  by  the
    Illinois Department pursuant  to  Section  15-5  of  this
    Code;
         (3)  All  federal  moneys  received  by the Illinois
    Department pursuant to Title XXI of the  Social  Security
    Act  attributable  to  eligible  expenditures made by the
    Illinois Department pursuant  to  Section  15-5  of  this
    Code; and
         (4)  All  other monies received by the Fund from any
    source, including interest thereon.
    (c)  Disbursements from the Fund  shall  be  by  warrants
drawn  by the State Comptroller upon receipt of vouchers duly
executed and certified by the Illinois Department  and  shall
be made only:
         (1)  For    hospital    inpatient   care,   hospital
    outpatient  care,  care  provided  by  other   outpatient
    facilities  operated  by  a  county, and disproportionate
    share hospital payments  made  under  Title  XIX  of  the
    Social  Security  Act  and  Article  V  of  this  Code as
    required by Section 15-5 of this Code;
         (1.5)  For services  provided  by  county  providers
    pursuant to Section 5-11 or 5-16.3 of this Code;
         (2)  For   the   reimbursement   of   administrative
    expenses  incurred  by  county providers on behalf of the
    Illinois Department as permitted by Section 15-4 of  this
    Code;
         (3)  For the reimbursement of monies received by the
    Fund through error or mistake;
         (4)  For  the  payment  of  administrative  expenses
    necessarily  incurred  by  the Illinois Department or its
    agent in  performing  the  activities  required  by  this
    Article XV; and
         (5)  For   the  payment  of  any  amounts  that  are
    reimbursable  to  the  federal  government,  attributable
    solely to the Fund, and required  to  be  paid  by  State
    warrant; and
         (6)  For    hospital    inpatient   care,   hospital
    outpatient  care,  care  provided  by  other   outpatient
    facilities  operated  by  a  county, and disproportionate
    share hospital payments  made  under  Title  XXI  of  the
    Social  Security  Act,  pursuant  to Section 15-5 of this
    Code.
(Source: P.A. 90-618, eff. 7-10-98.)

    (305 ILCS 5/15-3) (from Ch. 23, par. 15-3)
    Sec. 15-3.  Intergovernmental Transfers.
    (a)  Each  qualifying  county  shall   make   an   annual
intergovernmental  transfer  to the Illinois Department in an
amount equal to 71.7% of the  difference  between  the  total
payments  made  by  the  Illinois  Department  to such county
provider for hospital services under Titles Title XIX and XXI
of the Social Security Act or pursuant  to  Section  5-11  or
5-16.3  of  this  Code in each fiscal year ending June 30 (or
fraction thereof during the fiscal year ending June 30, 1993)
and $108,800,000  (or  fraction  thereof),  except  that  the
annual  intergovernmental transfer shall not exceed the total
payments made by  the  Illinois  Department  to  such  county
provider for hospital services under this Code or pursuant to
Section  5-16.3  of  this  Code,  less  the sum of (i) 50% of
payments reimbursable under Title XIX of the Social  Security
Act  at  a  rate of 50% and (ii) 65% of payments reimbursable
under the Social Security Act at  a  rate  of  65%,  in  each
fiscal year ending June 30 (or fraction thereof).
    (b)  The   payment  schedule  for  the  intergovernmental
transfer   made   hereunder   shall   be    established    by
intergovernmental  agreement  between the Illinois Department
and the applicable county, which agreement shall at a minimum
provide:
         (1)  For periodic payments no less  frequently  than
    monthly   to   the  county  provider  for  inpatient  and
    outpatient  approved  or  adjudicated  claims   and   for
    disproportionate  share  payments under Section 5-5.02 of
    this Code (in the initial year, for services  after  July
    1,  1991, or such other date as an approved State Medical
    Assistance Plan shall provide) and to the county provider
    pursuant to Section 5-16.3 of this Code.
         (2)  For periodic payments no less  frequently  than
    monthly   to   the   county   provider  for  supplemental
    disproportionate share  payments  hereunder  based  on  a
    federally approved State Medical Assistance Plan.
         (3)  For   calculation   of   the  intergovernmental
    transfer payment to be made by the county equal to  71.7%
    of  the  difference  between  the  amount of the periodic
    payment and the base amount; provided, however,  that  if
    the periodic payment for any period is less than the base
    amount   for   such  period,  the  base  amount  for  the
    succeeding  period  (and   any   successive   period   if
    necessary)  shall  be  increased  by  the  amount of such
    shortfall.
         (4)  For an intergovernmental  transfer  methodology
    which  obligates  the  Illinois  Department to notify the
    county and county provider in writing of  each  impending
    periodic   payment  and  the  intergovernmental  transfer
    payment attributable  thereto  and  which  obligates  the
    Comptroller to release the periodic payment to the county
    provider  within  one  working  day  of  receipt  of  the
    intergovernmental transfer payment from the county.
(Source: P.A. 90-618, eff. 7-10-98.)

    (305 ILCS 5/15-4) (from Ch. 23, par. 15-4)
    Sec.  15-4.  Contractual  assumption of certain expenses.
Hospitals  may,  at  their  election,  by  written  agreement
between the counties owning and operating the  hospitals  and
the  Illinois  Department,  assume  specified expenses of the
operation of the  Illinois  Department  associated  with  the
determination   of   eligibility,  direct  payment  of  which
expenses by the Illinois Department would qualify  as  public
funds  expended  by  the Illinois Department for the Illinois
Medical Assistance Program  or  other  health  care  programs
administered   by  the  Illinois  Department.   The  Illinois
Department shall open an adequately staffed  special  on-site
office  or offices at facilities designated by the county for
the purpose of assisting the  county  in  ensuring  that  all
eligible  individuals  are  enrolled  in the Illinois Medical
Assistance Program and, to the extent  that  enrollment  into
the  integrated health care program established under Section
5-16.3 of this Code is conducted at local  public  assistance
offices  in  the  county,  for  the  purpose of enrollment of
persons into any managed health care entity operated  by  the
county.   The  enrollment process shall meet the requirements
of subsection (e) of Section 5-16.3.   Each  such  agreement,
executed    in    accordance    with   Section   3   of   the
Intergovernmental  Cooperation  Act,   shall   describe   the
operational  expenses  to  be assumed in sufficient detail to
permit the Illinois Department to certify upon  such  written
obligation  or  performance  thereunder  that  the hospital's
compliance with the terms of the agreement will amount to the
commitment of public funds eligible for the federal financial
participation or other federal funding called  for  in  Title
XIX or Title XXI of the Social Security Act.
(Source: P.A. 87-13; 88-554, eff. 7-26-94.)

    Section  30.   The  Illinois  Marriage and Dissolution of
Marriage Act is amended by changing Sections 705 and  709  as
follows:

    (750 ILCS 5/705) (from Ch. 40, par. 705)
    Sec.  705.   Support  payments;  receiving and disbursing
agents.
    (1)  The provisions of this Section shall  apply,  except
as provided in Sections 709 through 712.
    (2)  In  a  dissolution  of  marriage  action  filed in a
county of less than 3 million population in which an order or
judgment for child support is entered, and  in  supplementary

proceedings  in  any such county to enforce or vary the terms
of such order or  judgment  arising  out  of  an  action  for
dissolution  of  marriage  filed  in  such county, the court,
except as it otherwise orders, under subsection (4)  of  this
Section,  may  direct  that child support payments be made to
the clerk of the court.
    (3)  In a dissolution of marriage  action  filed  in  any
county  of  3 million or more population in which an order or
judgment for child support is entered, and  in  supplementary
proceedings  in  any such county to enforce or vary the terms
of such order or  judgment  arising  out  of  an  action  for
dissolution  of  marriage  filed  in  such county, the court,
except as it otherwise orders under subsection  (4)  of  this
Section,  may  direct  that  child  support  payments be made
either to the clerk of the court  or  to  the  Court  Service
Division  of  the County Department of Public Aid.  After the
effective date of this Act, the court, except as it otherwise
orders under subsection (4) of this Section, may direct  that
child  support  payments  be  made either to the clerk of the
court or to the Illinois Department of Public Aid.
    (4)  In a dissolution of marriage action or supplementary
proceedings involving maintenance or child support  payments,
or  both,  to  persons  who  are  recipients of aid under the
Illinois Public Aid Code, the court shall  direct  that  such
payments be made to (a) the Illinois Department of Public Aid
if the persons are recipients under Articles III, IV, or V of
the  Code, or (b) the local governmental unit responsible for
their support if they are recipients under Articles VI or VII
of the Code. In accordance with federal law and  regulations,
the Illinois Department of Public Aid may continue to collect
current  maintenance  payments  or child support payments, or
both, after those persons cease to receive public  assistance
and  until  termination  of  services  under Article X of the
Illinois Public Aid Code.  The Illinois Department of  Public
Aid shall pay the net amount collected to those persons after
deducting  any costs incurred in making the collection or any
collection fee from the amount of  any  recovery  made.   The
order  shall  permit the Illinois Department of Public Aid or
the local governmental unit, as the case may  be,  to  direct
that  payments  be  made  directly  to the former spouse, the
children, or both, or to  some  person  or  agency  in  their
behalf,  upon  removal  of the former spouse or children from
the public aid rolls or upon termination  of  services  under
Article  X  of  the  Illinois  Public Aid Code; and upon such
direction, the  Illinois  Department  or  local  governmental
unit,  as the case requires, shall give notice of such action
to the court in writing or by electronic transmission.
    (5)  All clerks  of  the  court  and  the  Court  Service
Division  of a County Department of Public Aid and, after the
effective date of this Act, all clerks of the court  and  the
Illinois  Department  of  Public Aid, receiving child support
payments under subsections (2) and (3) of this Section  shall
disburse  the  payments  to  the  person  or persons entitled
thereto under the terms of the order or judgment.  They shall
establish and maintain current records of all moneys received
and disbursed and of defaults and delinquencies  in  required
payments.  The  court, by order or rule, shall make provision
for the carrying out of these duties.
in effect in  accordance  with  the  Income  Withholding  for
Support
    Upon   notification   in   writing   or   by   electronic
transmission  from  the  Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services  under  the
Child  Support  Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall  be  transmitted  in
accordance  with  the instructions of the Illinois Department
of Public Aid until the Department gives notice to the  clerk
of  the  court  to cease the transmittal. After providing the
notification authorized under this  paragraph,  the  Illinois
Department  of  Public  Aid  shall  be entitled as a party to
notice of any further proceedings in the case.  The clerk  of
the  court  shall  file  a copy of the Illinois Department of
Public Aid's notification in the court file.  The failure  of
the  clerk  to  file  a copy of the notification in the court
file shall not, however, affect the  Illinois  Department  of
Public Aid's right to receive notice of further proceedings.
    Payments under this Section to the Illinois Department of
Public  Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child  Support  Enforcement  Trust  Fund.   All
other  payments under this Section to the Illinois Department
of Human Services Public Aid shall be deposited  in  the  DHS
Public  Assistance Recoveries Trust Fund.  Disbursements from
these funds shall be as provided in the Illinois  Public  Aid
Code.   Payments  received by a local governmental unit shall
be deposited in that unit's  General  Assistance  Fund.   Any
order  of court directing payment of child support to a clerk
of court or the Court Service Division of a County Department
of Public Aid, which order  has  been  entered  on  or  after
August 14, 1961, and prior to the effective date of this Act,
may be amended by the court in line with this Act; and orders
involving   payments  of  maintenance  or  child  support  to
recipients of public aid may in like  manner  be  amended  to
conform to this Act.
    (6)  No  filing  fee  or  costs  will  be required in any
action brought at the request of the Illinois  Department  of
Public  Aid  in  any proceeding under this Act.  However, any
such fees or costs may be assessed by the court  against  the
respondent   in   the   court's   order  of  support  or  any
modification thereof in a proceeding under this Act.
    (7)  For those cases in which child support is payable to
the clerk  of  the  circuit  court  for  transmittal  to  the
Illinois  Department  of Public Aid by order of court or upon
notification by the Illinois Department of  Public  Aid,  the
clerk shall transmit all such payments, within 4 working days
of  receipt, to insure that funds are available for immediate
distribution by  the  Department  to  the  person  or  entity
entitled  thereto  in  accordance with standards of the Child
Support Enforcement Program established under Title  IV-D  of
the   Social  Security  Act.   The  clerk  shall  notify  the
Department of the date of receipt and amount thereof  at  the
time  of  transmittal.   Where  the clerk has entered into an
agreement of cooperation with the Department  to  record  the
terms  of  child  support orders and payments made thereunder
directly into  the  Department's  automated  data  processing
system,  the  clerk shall account for, transmit and otherwise
distribute child support payments  in  accordance  with  such
agreement in lieu of the requirements contained herein.
    In  any  action  filed  in  a county with a population of
1,000,000  or  less,  the  court  shall  assess  against  the
respondent in any order of maintenance or child  support  any
sum  up to $36 annually authorized by ordinance of the county
board to be collected by the clerk of the court as costs  for
administering  the collection and disbursement of maintenance
and child support payments.  Such sum shall be in addition to
and separate from amounts ordered to be paid  as  maintenance
or child support.
(Source:  P.A.  90-18,  eff.  7-1-97;  90-673,  eff.  1-1-99;
90-790, eff. 8-14-98; revised 9-14-98.)

    (750 ILCS 5/709) (from Ch. 40, par. 709)
    Sec. 709.  Mandatory child support payments to clerk.
    (a)  As  of January 1, 1982, child support orders entered
in any county  covered  by  this  subsection  shall  be  made
pursuant  to  the  provisions  of Sections 709 through 712 of
this Act.  For purposes of these Sections,  the  term  "child
support  payment"  or  "payment"  shall  include  any payment
ordered to be made solely for the purpose of the support of a
child or children or any payment ordered for general  support
which  includes  any  amount  for  support  of  any  child or
children.
    The provisions of  Sections  709  through  712  shall  be
applicable  to  any  county with a population of 2 million or
more and to any other county which notifies the Supreme Court
of its desire to be included within  the  coverage  of  these
Sections and is certified pursuant to Supreme Court Rules.
    The  effective  date  of  inclusion,  however,  shall  be
subject  to  approval of the application for reimbursement of
the costs of the support program by the Department of  Public
Aid as provided in Section 712.
    (b)  In  any  proceeding  for  a dissolution of marriage,
legal separation, or declaration of invalidity  of  marriage,
or  in  any  supplementary proceedings in which a judgment or
modification thereof for the  payment  of  child  support  is
entered on or after January 1, 1982, in any county covered by
Sections  709 through 712, and the person entitled to payment
is receiving a grant of financial aid under Article IV of the
Illinois Public Aid Code or has  applied  and  qualified  for
support  services  under Section 10-1 of that Code, the court
shall direct:  (1) that such payments be made to the clerk of
the court and  (2)  that  the  parties  affected  shall  each
thereafter  notify  the  clerk  of  any  change of address or
change in other conditions that may affect the administration
of the order,  including  the  fact  that  a  party  who  was
previously not on public aid has become a recipient of public
aid,  within 10 days of such change.  All notices sent to the
obligor's last known address on file with the clerk shall  be
deemed sufficient to proceed with enforcement pursuant to the
provisions of Sections 709 through 712.
    In all other cases, the court may direct that payments be
made to the clerk of the court.
    (c)  Except   as  provided  in  subsection  (d)  of  this
Section, the clerk shall disburse the payments to the  person
or  persons  entitled thereto under the terms of the order or
judgment.
    (d)  The court shall determine, prior to the entry of the
support order, if the party who is to receive the support  is
presently  receiving  public aid or has a current application
for public aid pending and shall enter  the  finding  on  the
record.
    If  the  person entitled to payment is a recipient of aid
under the Illinois Public Aid Code,  the  clerk,  upon  being
informed   of   this   fact  by  finding  of  the  court,  by
notification  by  the  party  entitled  to  payment,  by  the
Illinois  Department  of  Public  Aid   or   by   the   local
governmental  unit,  shall  make  all  payments  to:  (1) the
Illinois  Department  of  Public  Aid  if  the  person  is  a
recipient under Article III, IV, or V of the Code or (2)  the
local governmental unit responsible for his or her support if
the  person  is  a  recipient  under Article VI or VII of the
Code. In accordance with federal  law  and  regulations,  the
Illinois  Department  of  Public  Aid may continue to collect
current maintenance payments or child  support  payments,  or
both,  after those persons cease to receive public assistance
and until termination of services  under  Article  X  of  the
Illinois  Public Aid Code.  The Illinois Department of Public
Aid shall pay the net amount collected to those persons after
deducting any costs incurred in making the collection or  any
collection  fee  from  the  amount of any recovery made. Upon
termination of public aid payments to  such  a  recipient  or
termination  of  services  under  Article  X  of the Illinois
Public Aid Code, the Illinois Department of Public Aid or the
appropriate local governmental unit shall notify the clerk in
writing or by electronic  transmission  that  all  subsequent
payments  are  to  be  sent  directly  to the person entitled
thereto.
    Upon   notification   in   writing   or   by   electronic
transmission from the Illinois Department of  Public  Aid  to
the clerk of the court that a person who is receiving support
payments  under  this Section is receiving services under the
Child Support Enforcement Program established by  Title  IV-D
of the Social Security Act, any support payments subsequently
received  by  the  clerk of the court shall be transmitted in
accordance with the instructions of the  Illinois  Department
of  Public Aid until the Department gives notice to the clerk
of the court to cease the transmittal.  After  providing  the
notification  authorized  under  this paragraph, the Illinois
Department of Public Aid shall be  entitled  as  a  party  to
notice  of any further proceedings in the case.  The clerk of
the court shall file a copy of  the  Illinois  Department  of
Public  Aid's notification in the court file.  The failure of
the clerk to file a copy of the  notification  in  the  court
file  shall  not,  however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
    Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement  Program
established by Title IV-D of the Social Security Act shall be
paid  into  the  Child  Support  Enforcement Trust Fund.  All
other payments under this Section to the Illinois  Department
of  Human  Services  Public Aid shall be deposited in the DHS
Public Assistance Recoveries Trust Fund.  Disbursements  from
these  funds  shall be as provided in the Illinois Public Aid
Code.  Payments received by a local governmental  unit  shall
be deposited in that unit's General Assistance Fund.
    (e)  Any  order  or judgment may be amended by the court,
upon its own motion or upon the motion of  either  party,  to
conform  with  the  provisions  of  Sections 709 through 712,
either as to the requirement of making payments to the  clerk
or, where payments are already being made to the clerk, as to
the statutory fees provided for under Section 711.
    (f)  The clerk may invest in any interest bearing account
or  in  any securities, monies collected for the benefit of a
payee,  where  such  payee  cannot  be  found;  however,  the
investment may be only for the period until the clerk is able
to locate and present the payee with such monies.  The  clerk
may  invest  in  any  interest  bearing  account,  or  in any
securities, monies collected for the  benefit  of  any  other
payee; however, this does not alter the clerk's obligation to
make  payments to the payee in a timely manner.  Any interest
or capital gains accrued shall be  for  the  benefit  of  the
county and shall be paid into the special fund established in
subsection (b) of Section 711.
    (g)  The  clerk  shall  establish  and maintain a payment
record of all monies received and disbursed and  such  record
shall  constitute  prima  facie  evidence of such payment and
non-payment, as the case may be.
    (h)  For those cases in which child support is payable to
the clerk  of  the  circuit  court  for  transmittal  to  the
Illinois  Department  of Public Aid by order of court or upon
notification by the Illinois Department of  Public  Aid,  the
clerk shall transmit all such payments, within 4 working days
of  receipt, to insure that funds are available for immediate
distribution by  the  Department  to  the  person  or  entity
entitled  thereto  in  accordance with standards of the Child
Support Enforcement Program established under Title  IV-D  of
the   Social  Security  Act.   The  clerk  shall  notify  the
Department of the date of receipt and amount thereof  at  the
time  of  transmittal.   Where  the clerk has entered into an
agreement of cooperation with the Department  to  record  the
terms  of  child  support orders and payments made thereunder
directly into  the  Department's  automated  data  processing
system,  the  clerk shall account for, transmit and otherwise
distribute child support payments  in  accordance  with  such
agreement in lieu of the requirements contained herein.
(Source: P.A. 87-1252; 88-687, eff. 1-24-95.)

    Section  35.   The Non-Support of Spouse and Children Act
is amended by changing Section 2.1 as follows:

    (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
    Sec. 2.1.  Support  payments;  receiving  and  disbursing
agents.
    (1)  In  actions  instituted  under this Act on and after
August 14, 1961, involving a minor  child  or  children,  the
Court,  except  in  actions instituted on or after August 26,
1969, in which the  support  payments  are  in  behalf  of  a
recipient  of  aid  under the Illinois Public Aid Code, shall
direct that moneys ordered  to  be  paid  for  support  under
Sections  3  and  4 of this Act shall be paid to the clerk of
the court in counties of less than 3 million population,  and
in  counties of 3 million or more population, to the clerk or
probation officer of  the  court  or  to  the  Court  Service
Division  of  the County Department of Public Aid.  After the
effective date of this amendatory  Act  of  1975,  the  court
shall direct that such support moneys be paid to the clerk or
probation  officer  or the Illinois Department of Public Aid.
However, the court in its  discretion  may  direct  otherwise
where  exceptional circumstances so warrant. If payment is to
be made to persons other than the clerk or probation officer,
the Court Service Division of the County Department of Public
Aid, or the Illinois Department of Public Aid,  the  judgment
or  order  of  support  shall  set  forth  the  facts  of the
exceptional circumstances.
    (2)  In actions instituted after August 26,  1969,  where
the  support  payments are in behalf of spouses, children, or
both, who are recipients of aid under the Illinois Public Aid
Code, the court shall order the payments to be made  directly
to (1) the Illinois Department of Public Aid if the person is
a  recipient  under Articles III, IV or V of the Code, or (2)
to the local governmental unit responsible for the support of
the person if he or she is a recipient under Articles  VI  or
VII   of  the  Code.  In  accordance  with  federal  law  and
regulations,  the  Illinois  Department  of  Public  Aid  may
continue to collect current  maintenance  payments  or  child
support  payments,  or  both,  after  those  persons cease to
receive public assistance and until termination  of  services
under  Article  X  of  the  Illinois  Public  Aid  Code.  The
Illinois Department of Public Aid shall pay  the  net  amount
collected to those persons after deducting any costs incurred
in  making  the  collection  or  any  collection fee from the
amount of any recovery  made.  The  order  shall  permit  the
Illinois  Department  of Public Aid or the local governmental
unit, as the case may be, to direct that support payments  be
made  directly  to  the spouse, children, or both, or to some
person or agency in their behalf, upon removal of the  spouse
or  children from the public aid rolls or upon termination of
services under Article X of the Illinois Public Aid Code; and
upon such direction, the Illinois  Department  or  the  local
governmental unit, as the case requires, shall give notice of
such  action  to  the  court  in  writing  or  by  electronic
transmission.
    (3)  The   clerks,  probation  officers,  and  the  Court
Service Division of the County Department of  Public  Aid  in
counties  of  3  million  or  more population, and, after the
effective date of this amendatory Act of  1975,  the  clerks,
probation  officers,  and  the  Illinois Department of Public
Aid, shall disburse moneys paid to  them  to  the  person  or
persons  entitled thereto under the order of the Court.  They
shall establish and maintain current records  of  all  moneys
received  and  disbursed and of delinquencies and defaults in
required payments.  The Court, by order or rule,  shall  make
provision for the carrying out of these duties.
in accordance with the Income Withholding for Support
    Upon   notification   in   writing   or   by   electronic
transmission  from  the  Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services  under  the
Child  Support  Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall  be  transmitted  in
accordance  with  the instructions of the Illinois Department
of Public Aid until the Department gives notice to cease  the
transmittal.  After  providing  the  notification  authorized
under  this  paragraph, the Illinois Department of Public Aid
shall be entitled  as  a  party  to  notice  of  any  further
proceedings in the case.  The clerk of the court shall file a
copy  of the Illinois Department of Public Aid's notification
in the court file.  The failure of the clerk to file  a  copy
of  the  notification  in  the court file shall not, however,
affect the Illinois  Department  of  Public  Aid's  right  to
receive notice of further proceedings.
    (4)  Payments   under   this   Section  to  the  Illinois
Department of  Public  Aid  pursuant  to  the  Child  Support
Enforcement  Program  established by Title IV-D of the Social
Security Act shall be paid into the Child Support Enforcement
Trust Fund.  All other payments under  this  Section  to  the
Illinois  Department  of  Human  Services Public Aid shall be
deposited in the DHS Public Assistance Recoveries Trust Fund.
Disbursements from these funds shall be as  provided  in  the
Illinois  Public  Aid  Code.   Payments  received  by a local
governmental unit shall be deposited in that  unit's  General
Assistance Fund.
    (5)  Orders  and assignments entered or executed prior to
the Act approved  August  14,  1961  shall  not  be  affected
thereby.   Employers  served  with  wage assignments executed
prior to that date  shall  comply  with  the  terms  thereof.
However,  the  Court, on petition of the state's attorney, or
of  the  Illinois  Department  of   Public   Aid   or   local
governmental unit in respect to recipients of public aid, may
order  the  execution of new assignments and enter new orders
designating the clerk, probation  officer,  or  the  Illinois
Department  of  Public  Aid or appropriate local governmental
unit in respect to payments in behalf of recipients of public
aid, as the  person  or  agency  authorized  to  receive  and
disburse  the salary or wages assigned.  On like petition the
Court  may  enter  new  orders  designating  such   officers,
agencies  or  governmental  units to receive and disburse the
payments ordered under Section 4.
    (6)  For those cases in which child support is payable to
the clerk  of  the  circuit  court  for  transmittal  to  the
Illinois  Department  of Public Aid by order of court or upon
notification by the Illinois Department of  Public  Aid,  the
clerk shall transmit all such payments, within 4 working days
of  receipt, to insure that funds are available for immediate
distribution by  the  Department  to  the  person  or  entity
entitled  thereto  in  accordance with standards of the Child
Support Enforcement Program established under Title  IV-D  of
the   Social  Security  Act.   The  clerk  shall  notify  the
Department of the date of receipt and amount thereof  at  the
time  of  transmittal.   Where  the clerk has entered into an
agreement of cooperation with the Department  to  record  the
terms  of  child  support orders and payments made thereunder
directly into  the  Department's  automated  data  processing
system,  the  clerk shall account for, transmit and otherwise
distribute child support payments  in  accordance  with  such
agreement in lieu of the requirements contained herein.
(Source:  P.A.  90-18,  eff.  7-1-97;  90-673,  eff.  1-1-99;
90-790, eff. 8-14-98; revised 9-14-98.)

    Section  40.   The  Illinois  Parentage  Act  of  1984 is
amended by changing Section 21 as follows:

    (750 ILCS 45/21) (from Ch. 40, par. 2521)
    Sec.  21.  Support  payments;  receiving  and  disbursing
agents.
    (1)  In an action filed in a county counties of less than
3 million population in which an order for child  support  is
entered,  and  in  supplementary proceedings in such a county
counties to enforce or vary the terms of such  order  arising
out  of an action filed in such a county counties, the court,
except in actions or supplementary proceedings in  which  the
pregnancy  and  delivery  expenses of the mother or the child
support payments  are  for  a  recipient  of  aid  under  the
Illinois  Public  Aid  Code,  shall direct that child support
payments be made to the clerk of  the  court  unless  in  the
discretion  of  the  court  exceptional circumstances warrant
otherwise.  In cases where payment is to be made  to  persons
other  than  the  clerk of the court the judgment or order of
support  shall  set  forth  the  facts  of  the   exceptional
circumstances.
    (2)  In an action filed in a county counties of 3 million
or  more  population  in  which an order for child support is
entered, and in supplementary proceedings in  such  a  county
counties  to  enforce or vary the terms of such order arising
out of an action filed date in such a  county  counties,  the
court,  except  in  actions  or  supplementary proceedings in
which the pregnancy and delivery expenses of  the  mother  or
the  child  support payments are for a recipient of aid under
the Illinois Public Aid Code, shall direct that child support
payments be made either to the clerk of the court or  to  the
Court  Service  Division  of  the County Department of Public
Aid, or to  the  clerk  of  the  court  or  to  the  Illinois
Department  of  Public  Aid,  unless in the discretion of the
court exceptional circumstances warrant otherwise.  In  cases
where  payment  is to be made to persons other than the clerk
of the court,  the  Court  Service  Division  of  the  County
Department  of  Public  Aid,  or  the  Illinois Department of
Public Aid, the judgment or order of support shall set  forth
the facts of the exceptional circumstances.
    (3)  Where  the  action or supplementary proceeding is in
behalf of a mother for pregnancy and delivery expenses or for
child support, or both, and the mother, child, or  both,  are
recipients  of  aid  under  the Illinois Public Aid Code, the
court shall order that the payments be made directly  to  (a)
the Illinois Department of Public Aid if the mother or child,
or  both,  are recipients under Articles IV or V of the Code,
or (b)  the  local  governmental  unit  responsible  for  the
support  of  the  mother  or  child,  or  both,  if  they are
recipients  under  Articles  VI  or  VII  of  the  Code.   In
accordance  with  federal  law  and regulations, the Illinois
Department of Public Aid  may  continue  to  collect  current
maintenance  payments  or  child  support  payments, or both,
after those persons cease to receive  public  assistance  and
until termination of services under Article X of the Illinois
Public Aid Code.  The Illinois Department of Public Aid shall
pay the net amount collected to those persons after deducting
any costs incurred in making the collection or any collection
fee  from  the  amount  of  any  recovery  made. The Illinois
Department of Public Aid or the local governmental  unit,  as
the case may be, may direct that payments be made directly to
the mother of the child, or to some other person or agency in
the  child's behalf, upon the removal of the mother and child
from the public aid rolls or  upon  termination  of  services
under  Article  X  of  the Illinois Public Aid Code; and upon
such  direction,  the  Illinois  Department  or   the   local
governmental unit, as the case requires, shall give notice of
such  action  to  the  court  in  writing  or  by  electronic
transmission.
    (4)  All  clerks  of  the  court  and  the  Court Service
Division of  a  County  Department  of  Public  Aid  and  the
Illinois  Department  of  Public Aid, receiving child support
payments under paragraphs (1) or (2) shall disburse the  same
to  the person or persons entitled thereto under the terms of
the order.  They  shall  establish  and  maintain  clear  and
current  records  of all moneys received and disbursed and of
defaults and delinquencies in required payments.  The  court,
by  order  or rule, shall make provision for the carrying out
of these duties.
in accordance with the Income Withholding for Support
    Upon   notification   in   writing   or   by   electronic
transmission from the Illinois Department of  Public  Aid  to
the clerk of the court that a person who is receiving support
payments  under  this Section is receiving services under the
Child Support Enforcement Program established by  Title  IV-D
of the Social Security Act, any support payments subsequently
received  by  the  clerk of the court shall be transmitted in
accordance with the instructions of the  Illinois  Department
of  Public Aid until the Department gives notice to cease the
transmittal.  After  providing  the  notification  authorized
under  this  paragraph, the Illinois Department of Public Aid
shall be entitled  as  a  party  to  notice  of  any  further
proceedings in the case.  The clerk of the court shall file a
copy  of the Illinois Department of Public Aid's notification
in the court file.  The failure of the clerk to file  a  copy
of  the  notification  in  the court file shall not, however,
affect the Illinois  Department  of  Public  Aid's  right  to
receive notice of further proceedings.
    Payments under this Section to the Illinois Department of
Public  Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child  Support  Enforcement  Trust  Fund.   All
other  payments under this Section to the Illinois Department
of Human Services Public Aid shall be deposited  in  the  DHS
Public  Assistance  Recoveries Trust Fund.  Disbursement from
these funds shall be as provided in the Illinois  Public  Aid
Code.   Payments  received by a local governmental unit shall
be deposited in that unit's General Assistance Fund.
    (5)  The  moneys  received   by   persons   or   agencies
designated  by  the  court  shall  be  disbursed  by  them in
accordance with the order.  However, the court,  on  petition
of the state's attorney, may enter new orders designating the
clerk  of the court or the Illinois Department of Public Aid,
as the person or agency authorized to  receive  and  disburse
child  support  payments  and,  in  the case of recipients of
public aid, the court, on petition of the Attorney General or
State's Attorney, shall direct subsequent payments to be paid
to  the  Illinois  Department  of  Public  Aid  or   to   the
appropriate local governmental unit, as provided in paragraph
(3).  Payments  of child support by principals or sureties on
bonds, or proceeds of any  sale  for  the  enforcement  of  a
judgment  shall  be  made  to  the  clerk  of  the court, the
Illinois Department of Public Aid or  the  appropriate  local
governmental  unit,  as  the  respective  provisions  of this
Section require.
    (6)  For those cases in which child support is payable to
the clerk  of  the  circuit  court  for  transmittal  to  the
Illinois  Department  of Public Aid by order of court or upon
notification by the Illinois Department of  Public  Aid,  the
clerk shall transmit all such payments, within 4 working days
of  receipt, to insure that funds are available for immediate
distribution by  the  Department  to  the  person  or  entity
entitled  thereto  in  accordance with standards of the Child
Support Enforcement Program established under Title  IV-D  of
the   Social  Security  Act.   The  clerk  shall  notify  the
Department of the date of receipt and amount thereof  at  the
time  of  transmittal.   Where  the clerk has entered into an
agreement of cooperation with the Department  to  record  the
terms  of  child  support orders and payments made thereunder
directly into  the  Department's  automated  data  processing
system,  the  clerk shall account for, transmit and otherwise
distribute child support payments  in  accordance  with  such
agreement in lieu of the requirements contained herein.
(Source:  P.A.  90-18,  eff.  7-1-97;  90-673,  eff.  1-1-99;
90-790, eff. 8-14-98; revised 11-5-98.)

    Section  99.  Effective date.  This Act takes effect July
1, 1999.

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