HB4291 Engrossed

LRB095 15309 DRJ 41297 b






1
    AN ACT concerning public aid.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:



 
4
    Section 5. The Illinois Public Aid Code is amended  by 
5
adding Section 10-29 as follows:
 
6
    (305 ILCS 5/10-29  new)
7
    Sec. 10-29. Child's majority; refund of support 
8
overpayment.
9
    (a) In this Section, "order for support" and "obligor" mean 
10
those terms as
defined in the Income Withholding for Support 
11
Act, except that "order for
support" does not mean an order 
12
providing for spousal maintenance under which
there is no child 
13
support obligation.
14
    (b) If (i) the Department of Healthcare and Family Services 
15
collects child support from an obligor pursuant to an order for 
16
support, (ii) the obligor complies with all of the requirements 
17
of the order for support and does not incur any arrearage in 
18
the payment of child support, (iii) the child attains 18 years 
19
of age or graduates from high school and the obligation to pay 
20
child support under the order terminates, (iv) the Department 
21
of Healthcare and Family Services continues to collect child 
22
support from the obligor after the child attains 18 years of 
23
age or graduates from high school and the obligation to pay 
 


 






HB4291 Engrossed
- 2 -
LRB095 15309 DRJ 41297 b




1
child support under the order has terminated and no arrearage 
2
exists, and (v) the Department of Healthcare and Family 
3
Services learns of the possible wrongful collection of child 
4
support, then the Department shall conduct an investigation to 
5
determine whether such a wrongful collection occurred and, if 
6
it determines that such a wrongful collection occurred and was 
7
the fault of the Department, then the Department must refund to 
8
the obligor all amounts of child support collected from the 
9
obligor after the obligation to pay child support under the 
10
order terminated. The Department must make the refund to the 
11
obligor within 60 days after the Department determines that the 
12
wrongful collection of child support occurred.
13
    (c) Notwithstanding any other rulemaking authority that 
14
may exist, neither the Governor nor any agency or agency head 
15
under the jurisdiction of the Governor has any authority to 
16
make or promulgate rules to implement or enforce the provisions 
17
of this amendatory Act of the 95th General Assembly.  If, 
18
however, the Governor believes that rules are necessary to 
19
implement or enforce the provisions of this amendatory Act of 
20
the 95th General Assembly, the Governor may suggest rules to 
21
the General Assembly by filing them with the Clerk of the House 
22
and Secretary of the Senate and by requesting that the General 
23
Assembly authorize such rulemaking by law, enact those 
24
suggested rules into law, or take any other appropriate action 
25
in the General Assembly's discretion.   Nothing contained in this 
26
amendatory Act of the 95th General Assembly shall be 
 


 






HB4291 Engrossed
- 3 -
LRB095 15309 DRJ 41297 b




1
interpreted to grant rulemaking authority under any other 
2
Illinois statute where such authority is not otherwise 
3
explicitly given.  For the purposes of this amendatory Act of 
4
the 95th General Assembly, "rules" is given the meaning 
5
contained in Section 1-70 of the Illinois Administrative 
6
Procedure Act, and "agency" and "agency head" are given the 
7
meanings contained in Sections 1-20 and 1-25 of the Illinois 
8
Administrative Procedure Act to the extent that such 
9
definitions apply to agencies or agency heads under the 
10
jurisdiction of the Governor.