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90_HB2050ham001
LRB9004624DJcdam
1 AMENDMENT TO HOUSE BILL 2050
2 AMENDMENT NO. . Amend House Bill 2050 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Public Aid Code by changing
5 Section 10-1."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Public Aid Code is amended by
9 changing Section 10-1 as follows:
10 (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
11 Sec. 10-1. Declaration of public policy; persons
12 eligible for child and spouse support services; fees for
13 non-applicants and non-recipients.) It is the intent of this
14 Code that the financial aid and social welfare services
15 herein provided in this Code supplement rather than supplant
16 the primary and continuing obligation of the family unit for
17 self-support to the fullest extent permitted by the resources
18 available to it. This primary and continuing obligation
19 applies whether the family unit of parents and children or of
20 husband and wife remains intact and resides in a common
21 household or whether the unit has been broken by absence of
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1 one or more members of the unit. The obligation of the
2 family unit is particularly applicable when a member is in
3 necessitous circumstances and lacks the means of a livelihood
4 compatible with health and well-being.
5 It is the purpose of this Article to provide for locating
6 an absent parent or spouse, for determining his or her
7 financial circumstances, and for enforcing his or her legal
8 obligation of support, if he or she is able to furnish
9 support, in whole or in part. The Illinois Department of
10 Public Aid shall give priority to establishing, enforcing and
11 collecting the current support obligation, and then to past
12 due support owed to the family unit, except with respect to
13 collections effected through the intercept programs provided
14 for in this Article.
15 The child and spouse support services provided under this
16 Article hereunder shall be furnished dependents of an absent
17 parent or spouse who are applicants for or recipients of
18 financial aid under this Code. It is not, however, a
19 condition of eligibility for financial aid that there be no
20 responsible relatives who are reasonably able to provide
21 support. Nor, except as provided in Sections 4-1.7 and 10-8,
22 shall the existence of those such relatives or their payment
23 of support contributions disqualify a needy person for
24 financial aid.
25 By accepting financial aid under this Code, a spouse or a
26 parent or other person having custody of a child shall be
27 deemed to have made assignment to the Illinois Department for
28 aid under Articles III, IV, V and VII or to a local
29 governmental unit for aid under Article VI of any and all
30 rights, title, and interest in any support obligation up to
31 the amount of financial aid provided. The rights to support
32 assigned to the Illinois Department of Public Aid or local
33 governmental unit shall constitute an obligation owed the
34 State or local governmental unit by the person who is
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1 responsible for providing the support, and shall be
2 collectible under all applicable processes.
3 At the discretion of the Illinois Department of Public
4 Aid, the child and spouse support services established under
5 this Article may also be furnished in behalf of spouses and
6 dependent children who are not applicants for or recipients
7 of financial aid under this Code. The Department may limit
8 eligibility of these persons to designated income classes.
9 If non-applicants and non-recipients are included, the
10 Department may establish a schedule of reasonable fees, to be
11 paid for the services provided and may deduct a collection
12 fee, not to exceed 10% of the amount collected, from the such
13 collection. The Illinois Department of Public Aid shall cause
14 to be published and distributed publications reasonably
15 calculated to inform the public that individuals who are not
16 recipients of or applicants for public aid under this Code
17 are eligible for the child and spouse support services under
18 this Article X. The Such publications shall set forth an
19 explanation, in plain language, that the child and spouse
20 support services program is independent of any public aid
21 program under the Code and that the receiving of child and
22 spouse support service in no way implies that the person
23 receiving the such service is receiving public aid.
24 (Source: P.A. 85-597.)".