Bill Text: IL HB0237 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Illinois Public Aid Code and the Code of Civil Procedure. Provides that upon the assignment to the Department of Healthcare and Family Services of the right to collect a child support obligation, additional interest on the amount of the obligation owed to the State ceases to accrue.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-07-06 - Rule 19(a) / Re-referred to Rules Committee [HB0237 Detail]

Download: Illinois-2017-HB0237-Engrossed.html



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1 AN ACT concerning public aid.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5changing Section 10-17.12 as follows:
6 (305 ILCS 5/10-17.12)
7 Sec. 10-17.12. Compromise of assigned child support
8arrearages and interest.
9 (a) The Department of Healthcare and Family Services may
10provide by rule for compromise of debt owed to the State in the
11form of child support arrearages and interest accrued on child
12support arrearages assigned to the State under Section 10-1.
13The rule shall establish the circumstances under which such
14obligations may be compromised, with due regard for the payment
15ability of low-income obligors and the importance of
16encouraging payment of current child support obligations. The
17rule shall provide that assigned obligations shall be
18compromised only in exchange for regular payment of support
19owed to the family and shall require that obligors considered
20for debt compromise demonstrate inability to pay during the
21time the assigned obligation accumulated. The rule shall
22provide for nullification of any compromise agreement and the
23prohibition of any future compromise agreement if the obligor

HB0237 Engrossed- 2 -LRB100 04143 HEP 14148 b
1fails to adhere to the compromise agreement. In addition, the
2rule shall establish debt compromise criteria calculated to
3maximize positive effects on families and the level of federal
4incentive payments payable to the State under Title IV, Part D
5of the Social Security Act and regulations promulgated
6thereunder.
7 (b) The Department may compromise the debt owed by
8incarcerated individuals to the State in the form of child
9support interest accrued on child support arrearages assigned
10to the State under Section 10-1. Such obligations may be
11compromised, with due regard for the payment ability of
12low-income obligors and the importance of encouraging payment
13of current child support obligations. Assigned obligations
14shall be compromised only upon request of an incarcerated
15individual and only upon proof of incarceration and the length
16thereof. Interest owed to the State will only be compromised
17for the period in which the individual is actually
18incarcerated. The interest debt compromise shall be
19implemented to maximize positive effects on families and the
20level of federal incentive payments payable to the State under
21Title IV, Part D of the Social Security Act and regulations
22promulgated thereunder.
23(Source: P.A. 94-971, eff. 1-1-07.)
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