Bill Text: IL SB1905 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Creates the Universal Child Care Benefit Act. Provides that the purpose of the Act is to assist families by supporting their child care choices through direct financial support to a maximum of $1,200 per year in respect to each child who is at least 2 years of age but has not attained the age of 5 years. Requires the Department of Human Services to pay parents a monthly benefit of $100 for each child who qualifies under the Act. Contains provisions concerning overpayments; acknowledgment of liability; interest payments; and interagency agreements. Amends the Code of Civil Procedure to make a corresponding change.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB1905 Detail]
Download: Illinois-2011-SB1905-Introduced.html
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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||
5 | Universal Child Care Benefit Act.
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6 | Section 5. Definitions. As used in this Act: | ||||||||||||||||||||||||||
7 | "Director" means the Director of the Department of Human | ||||||||||||||||||||||||||
8 | Services. | ||||||||||||||||||||||||||
9 | "Department" means the Department of Human Services. | ||||||||||||||||||||||||||
10 | "Eligible parent" means the parent or parents or guardian | ||||||||||||||||||||||||||
11 | or guardians having legal or physical custody of a qualified | ||||||||||||||||||||||||||
12 | child. | ||||||||||||||||||||||||||
13 | "Qualified child" means a child who is at least 2 years of | ||||||||||||||||||||||||||
14 | age but has
not attained the age of 5 years.
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15 | Section 10. Purpose. The purpose of this Act is to assist | ||||||||||||||||||||||||||
16 | families
by supporting their child care choices
through direct | ||||||||||||||||||||||||||
17 | financial support to a maximum
of $1,200 per year in respect to | ||||||||||||||||||||||||||
18 | each of their
qualified children.
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19 | Section 15. Benefit. | ||||||||||||||||||||||||||
20 | (a) The Department shall pay to the eligible parent, for | ||||||||||||||||||||||||||
21 | each month at the beginning of which he or she is an eligible |
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1 | parent, a benefit of $100 for each child who is a qualified | ||||||
2 | child at the beginning of that month. | ||||||
3 | (b) A benefit provided under this Act: | ||||||
4 | (1) may not be assigned, charged, attached, or
given as | ||||||
5 | security; | ||||||
6 | (2) may not be retained by way of deduction,
set-off, | ||||||
7 | or compensation under
any law of this State except as | ||||||
8 | otherwise provided under this Act;
and | ||||||
9 | (3) is not garnishable.
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10 | Section 20. Overpayments. | ||||||
11 | (a) A person who has received or obtained
a benefit to | ||||||
12 | which the person is not entitled,
or a benefit in excess of the | ||||||
13 | amount of the
benefit to which the person is entitled, shall, | ||||||
14 | as
soon as possible, repay the amount of the benefit
or the | ||||||
15 | excess amount, as the case may be. | ||||||
16 | (b) The amount of the erroneous payment or overpayment | ||||||
17 | constitutes a debt due to the Department, as of the day on | ||||||
18 | which it was paid,
and may be recovered by the Department.
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19 | Section 25. Acknowledgement of liability; limitation | ||||||
20 | period. | ||||||
21 | (a) No action or
proceedings shall be taken to recover an | ||||||
22 | erroneous payment or overpayment
owed under this Act after the | ||||||
23 | expiration of the 6-year
limitation period that begins to run | ||||||
24 | on the day on
which the erroneous payment or overpayment |
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1 | becomes due and payable. | ||||||
2 | (b) Any erroneous payment or overpayment
owed to the | ||||||
3 | Department under this Act
may be recovered at any time by way | ||||||
4 | of deduction
from, set-off against, or compensation
against, | ||||||
5 | any sum of money, including
a benefit under this Act, that may | ||||||
6 | be due or
payable by the Department to
the person. | ||||||
7 | (c) If a person's liability for an erroneous payment or | ||||||
8 | overpayment
owed
under this Act is acknowledged in accordance
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9 | with subsection (e), the time during which the
limitation | ||||||
10 | period has run before the acknowledgment
does not count in the | ||||||
11 | calculation of
that period. | ||||||
12 | (d) If a person's liability for an erroneous payment or | ||||||
13 | overpayment
owed
under this Act is acknowledged in accordance
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14 | with subsection (e) after the expiration of the limitation
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15 | period, an action or proceedings to recover
the erroneous | ||||||
16 | payment or overpayment may, subject to subsections
(c) and (f), | ||||||
17 | be brought within 6 years after
the date of the acknowledgment. | ||||||
18 | (e) An acknowledgment of liability means: | ||||||
19 | (1) a written promise to pay the erroneous payment or | ||||||
20 | overpayment
owed,
signed by the person or his or her agent
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21 | or other representative; | ||||||
22 | (2) a written acknowledgment of the erroneous payment | ||||||
23 | or overpayment
owed, signed by the person or his or her
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24 | agent or other representative, whether or not
a promise to | ||||||
25 | pay can be implied from it and
whether or not it contains a | ||||||
26 | refusal to pay; |
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1 | (3) a part payment by the person or his or
her agent or | ||||||
2 | other representative of any erroneous payment or | ||||||
3 | overpayment
owed; or | ||||||
4 | (4) any acknowledgment of the erroneous payment or | ||||||
5 | overpayment
owed
made by the person, his or her agent or
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6 | other representative
in the course of proceedings under
any | ||||||
7 | law dealing with the payment of debts. | ||||||
8 | (f) The running of a limitation period in respect
to an | ||||||
9 | erroneous payment or overpayment
owed under this Act is | ||||||
10 | suspended
during any period in which it is prohibited
to | ||||||
11 | commence or continue an action or other
proceedings against the | ||||||
12 | person to recover the erroneous payment or overpayment
owed | ||||||
13 | under this Act. | ||||||
14 | (g) This Section does not apply to
an action relating to | ||||||
15 | the execution,
renewal, or enforcement of a judgment.
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16 | Section 30. Interest payments. No interest is payable on | ||||||
17 | any amount owed
to the Department under this Act as a result of
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18 | an overpayment or an erroneous payment.
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19 | Section 35. Agreements. The Director may enter into | ||||||
20 | agreements
or arrangements with any other State department, | ||||||
21 | board, or
agency to assist
the Director in carrying out the | ||||||
22 | purposes and
provisions of this Act.
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23 | Section 40. Rules. The Department may adopt appropriate |
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1 | rules to carry out the provisions of this Act.
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2 | Section 90. The Code of Civil Procedure is amended by | ||||||
3 | changing Section 12-1001 as follows:
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4 | (735 ILCS 5/12-1001)
(from Ch. 110, par. 12-1001)
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5 | Sec. 12-1001. Personal property exempt. The following | ||||||
6 | personal property,
owned by the debtor, is exempt from | ||||||
7 | judgment, attachment, or distress for rent:
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8 | (a) The necessary wearing apparel, bible, school | ||||||
9 | books, and family
pictures of the debtor and the debtor's | ||||||
10 | dependents;
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11 | (b) The debtor's equity interest, not to exceed $4,000 | ||||||
12 | in
value, in any
other property;
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13 | (c) The debtor's interest, not to exceed $2,400
in | ||||||
14 | value,
in any one motor
vehicle;
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15 | (d) The debtor's equity interest, not to exceed $1,500 | ||||||
16 | in
value,
in any
implements, professional books, or tools | ||||||
17 | of the trade of the debtor;
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18 | (e) Professionally prescribed health aids for the | ||||||
19 | debtor or a dependent of
the debtor;
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20 | (f) All proceeds payable because of the death of the | ||||||
21 | insured and the
aggregate net cash value of any or all life | ||||||
22 | insurance and endowment
policies and annuity contracts | ||||||
23 | payable to a wife or husband of the insured,
or to a child, | ||||||
24 | parent, or other person dependent upon the insured, whether
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1 | the power to change the beneficiary is reserved to the | ||||||
2 | insured or not and
whether the insured or the insured's | ||||||
3 | estate is a contingent beneficiary or not;
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4 | (g) The debtor's right to receive:
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5 | (1) a social security benefit, unemployment | ||||||
6 | compensation, or public
assistance benefit;
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7 | (2) a veteran's benefit;
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8 | (3) a disability, illness, or unemployment | ||||||
9 | benefit; and
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10 | (4) alimony, support, or separate maintenance, to | ||||||
11 | the extent reasonably
necessary for the support of the | ||||||
12 | debtor and any dependent of the debtor ; and .
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13 | (5) a benefit under the Universal Child Care | ||||||
14 | Benefit Act.
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15 | (h) The debtor's right to receive, or property that is | ||||||
16 | traceable to:
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17 | (1) an award under a crime victim's reparation law;
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18 | (2) a payment on account of the wrongful death of | ||||||
19 | an individual of whom
the debtor was a dependent, to | ||||||
20 | the extent reasonably necessary for the support
of the | ||||||
21 | debtor;
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22 | (3) a payment under a life insurance contract that | ||||||
23 | insured the life of
an individual of whom the debtor | ||||||
24 | was a dependent, to the extent reasonably
necessary for | ||||||
25 | the support of the debtor or a dependent of the debtor;
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26 | (4) a payment, not to exceed $15,000 in value, on |
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1 | account
of personal
bodily injury of the debtor or an | ||||||
2 | individual of whom the debtor was a
dependent; and
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3 | (5) any restitution payments made to persons | ||||||
4 | pursuant to the federal
Civil Liberties Act of 1988 and | ||||||
5 | the Aleutian and Pribilof Island
Restitution Act, P.L. | ||||||
6 | 100-383.
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7 | For purposes of this subsection (h), a debtor's right | ||||||
8 | to receive an award
or payment shall be exempt for a | ||||||
9 | maximum of 2 years after the debtor's right
to receive the | ||||||
10 | award or payment accrues; property traceable to an
award or | ||||||
11 | payment shall be exempt for a maximum of 5 years after the | ||||||
12 | award
or payment accrues; and an award or payment and | ||||||
13 | property traceable
to an award or payment shall be exempt | ||||||
14 | only to the extent of the amount
of the award or payment, | ||||||
15 | without interest or appreciation from the date
of the award | ||||||
16 | or payment.
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17 | (i) The debtor's right to receive an award under Part | ||||||
18 | 20 of Article II of
this Code relating to crime victims' | ||||||
19 | awards.
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20 | (j) Moneys held in an account invested in the Illinois | ||||||
21 | College Savings Pool of which the debtor is a participant | ||||||
22 | or donor, except the following non-exempt contributions: | ||||||
23 | (1) any contribution to such account by the debtor | ||||||
24 | as participant or donor that is made with the actual | ||||||
25 | intent to hinder, delay, or defraud any creditor of the | ||||||
26 | debtor; |
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1 | (2) any contributions to such account by the debtor | ||||||
2 | as participant during the 365 day period prior to the | ||||||
3 | date of filing of the debtor's petition for bankruptcy | ||||||
4 | that, in the aggregate during such period, exceed the | ||||||
5 | amount of the annual gift tax exclusion under Section | ||||||
6 | 2503(b) of the Internal Revenue Code of 1986, as | ||||||
7 | amended, in effect at the time of contribution; or | ||||||
8 | (3) any contributions to such account by the debtor | ||||||
9 | as participant during the period commencing 730 days | ||||||
10 | prior to and ending 366 days prior to the date of | ||||||
11 | filing of the debtor's petition for bankruptcy that, in | ||||||
12 | the aggregate during such period, exceed the amount of | ||||||
13 | the annual gift tax exclusion under Section 2503(b) of | ||||||
14 | the Internal Revenue Code of 1986, as amended, in | ||||||
15 | effect at the time of contribution. | ||||||
16 | For purposes of this subsection (j), "account" | ||||||
17 | includes all accounts for a particular designated | ||||||
18 | beneficiary, of which the debtor is a participant or donor.
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19 | Money due the debtor from the sale of any personal property | ||||||
20 | that was
exempt from judgment, attachment, or distress for rent | ||||||
21 | at the
time of the sale is exempt from attachment and | ||||||
22 | garnishment to the same
extent that the property would be | ||||||
23 | exempt had the same not been sold by
the debtor.
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24 | If a debtor owns property exempt under this Section and he | ||||||
25 | or she purchased
that property with the intent of converting | ||||||
26 | nonexempt property into exempt
property or in fraud of his or |
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1 | her creditors, that property shall not be
exempt from judgment, | ||||||
2 | attachment, or distress for rent. Property acquired
within 6 | ||||||
3 | months of the filing of the petition for bankruptcy shall be | ||||||
4 | presumed
to have been acquired in contemplation of bankruptcy.
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5 | The personal property exemptions set forth in this Section | ||||||
6 | shall apply
only to individuals and only to personal property | ||||||
7 | that is used for personal
rather than business purposes. The | ||||||
8 | personal property exemptions set forth
in this Section shall | ||||||
9 | not apply to or be allowed
against any money, salary, or wages | ||||||
10 | due or to become due to the debtor that
are required to be | ||||||
11 | withheld in a wage
deduction proceeding under Part 8 of this
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12 | Article XII.
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13 | (Source: P.A. 94-293, eff. 1-1-06; 95-306, eff. 1-1-08.)
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