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Illinois Family Support
Enforcement Association

- Legislative Activity: 2008 Bill Tracking -

2001 thru 2007 Legislation
Click below for summaries of and links to legislation adopted in
2001, 2002, 2003, 2004, 2005 , 2006 and 2007

        The following provides a summary of bills apparently related to child support enforcement which have been introduced in the spring, 2008 session of the 95th Illinois General Assembly.  Click on the bill numbers in the grid below for a summary of the bill and its status.   Click on the bill number in that summary for direct links to the bills on the web site maintained by the Illinois General Assembly (www.ilga.gov).
        This site has attempted to keep this list up-to-date as new bills were introduced.  Numerous "shell bills" introduced with potential relevance have not been included, but will be added as it becomes apparent that they have taken on real significance.
        As bills are passed and become law their Public Act references will be added to the Public Act grid. 

(Last up-dated: September 27, 2008)
(bills introduced thru H.B. _____, S.B. _____)

S. B. 2594: PARENTAGE; BIRTH EXPENSES [P.A. 95-864, eff. 1/1/09]
        Amends the Illinois Parentage Act of 1984. As introduced, would provide that in an action brought within 2 years after a judicial determination of parentage (now, within 2 years after a child's birth), the judgment or order shall (now, may) direct either parent to pay the reasonable expenses incurred by either parent or the Department of Healthcare and Family Services (now, either parent) related to the mother's pregnancy and the delivery of the child.  As amended, provides that in an action brought after a judicial determination of parentage, the judgment or order may (instead of shall) direct either parent to pay the reasonable expenses incurred by either parent or the Department of Healthcare and Family Services related to the mother's pregnancy and the delivery of the child.
        Passed by the Senate, as amended, 4/15/08, 51-0-0.
        Passed by the House, 5/22/08, 109-0-0.
        PASSED BOTH HOUSES.  SENT TO THE GOVERNOR 6/20/08.
        Signed by the Governor as P.A. 95-0864, eff. 1/1/09.
        [Return to Bill Grid above]

S. B. 2827:  PARENTAGE; DNA TESTS
        As introduced, amended the Illinois Public Aid Code and the Illinois Parentage Act of 1984, provided that in a proceeding under the Illinois Parentage Act of 1984, except in a case in which a party is in default, the court shall (instead of may, and upon request of a party shall) order or direct the mother, child, and alleged father to submit to DNA tests; provides an exception if both the mother and the alleged father have signed a waiver stating that (i) they have been informed of the requirement of DNA testing and (ii) they expressly waive that requirement. Provides that the Department of Healthcare and Family Services may not make an administrative determination of paternity, and the court may not enter a judgment of parentage, unless (1) the results of DNA tests of the mother, child, and alleged father have been admitted into evidence (provided that if a party is in default, the results of a DNA test need not be admitted into evidence) or (2) both the mother and the alleged father have signed a waiver stating that they have been informed of the requirement of DNA testing and they expressly waive that requirement. Requires the Department of Healthcare and Family Services to prescribe the form of the waiver and distribute copies of the waiver form to the circuit courts of the State.
        Senate Committee amendments replaced everything after the enacting clause. Instead, amends the Illinois Public Aid Code, the Vital Records Act, and the Illinois Parentage Act of 1984.  Provides that the Department of Healthcare and Family Services' form for voluntary acknowledgement of paternity in connection with child support collection shall be the same form prepared by the Department and distributed to county clerks and registrars under the Vital Records Act. Provides that an acknowledgement of paternity and denial of paternity form shall include a statement informing the mother, the alleged father, and the presumed father, if any, that they have the right to request DNA tests regarding the issue of the child's paternity and that by signing the form, they expressly waive such tests.  Provides that in an action brought under the Illinois Parentage Act of 1984 to determine the existence of the father and child relationship or to declare the non-existence of the parent and child relationship, the court or Administrative Hearing Officer in an Expedited Child Support System shall, prior to the entry of a judgment in the case, advise the respondent who appears of the right to request an order that the parties and the child submit to DNA tests to determine inherited characteristics; provides that the advisement shall be noted in the record.  It further Amends the Criminal Code of 1961, in provisions concerning the offense of unlawful visitation interference, changes the name of the offense to unlawful parenting time interference and changes references from "visitation" to "parenting time"; also adds references to "custody time".
        Senate Floor Amendment further provides that with respect to the provisions of the Vital Records Act amended by Senate Amendment No. 1, requires that the statement on the acknowledgement and denial of paternity form concerning the right to request DNA tests be set forth in bold-face capital letters not less than 0.25 inches in height. With respect to the provisions of the Criminal Code of 1961 amended by Senate Amendment No. 2, changes the name of the offense from "unlawful parenting time interference" to "unlawful visitation or parenting time interference".
        Passed by the Senate, as amended, 4/15/08, 52-0-0.
        Amended in the House;  Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.
        Passed by the House, as further amended, 5/22/08, 109-0-0.
        Senate non-concurrence in House amendment.  Remains pending
        [Return to Bill Grid above]

H. B. 4119: SUBPOENA
        As introduced, amends the Code of Civil Procedure. Provides that an attorney, as an officer of the court, may issue subpoenas on behalf of a clerk for witnesses and to counties in a pending action (instead of limiting the issuance of subpoenas to court clerks).
        House Amendments further amends the Code of Civil Procedure to provide that an attorney admitted to practice in the State of Illinois (instead of an attorney), as an officer of the court, may also issue subpoenas on behalf of the clerk for witnesses and to counties in a pending action, and that an attorney, as an officer of the court, may issue subpoenas on behalf of the court (instead of clerk) for witnesses and to counties in a pending action.
        Passed by House, 4/16/08, 115-0-0.
        [Return to Bill Grid above]

H. B. 4291: DHFS CHILD SUPPORT OVERPAYMENT
        As introduced, amends the Illinois Public Aid Code to provide that if (i) the State Disbursement Unit collects child support from an obligor pursuant to an order for support, (ii) the obligor complies with all of the requirements of the order for support and does not incur any arrearage in the payment of child support, (iii) the child attains 18 years of age and the obligation to pay child support under the order terminates, and (iv) the State Disbursement Unit continues to collect child support from the obligor after the child attains 18 years of age and the obligation to pay child support under the order terminates, then the State Disbursement Unit must refund to the obligor all amounts of child support collected from the obligor after the obligation to pay child support under the order terminated.  Provides that the State Disbursement Unit must make the refund to the obligor within 60 days after the State Disbursement Unit learns of the wrongful collection of child support from the obligor.  Provides that if the State Disbursement Unit does not make a refund to an obligor as required, then the obligor may file a petition in the Court of Claims for the amount due.
        House Amendments replace everything after the enacting clause with similar provisions amending the Illinois Public Aid Code, but with changes that include the following: (1) replaces references to the State Disbursement Unit with references to the Department of Healthcare and Family Services; (2) adds references to the wrongful collection of child support after a child graduates from high school; (3) provides that if the Department learns of a possible wrongful collection of child support, then the Department shall conduct an investigation to determine whether such a wrongful collection occurred and, if it determines that a wrongful collection occurred and was the fault of the Department, then the Department must refund wrongfully collected amounts of child support; (4) provides that the Department must make the refund within 60 days after it determines that the wrongful collection of child support occurred (instead of within 60 days after the State Disbursement Unit learns of the wrongful collection); and (5) eliminates a provision concerning filing a petition in the Court of Claims. 
        Further House amendment provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.
        Passed by the House as amended, 4/3/08, 108-0-0.
          [Return to Bill Grid above]

H. B. 5691: CRIMINAL CO-PARENTING, CUSTODY TIME (ORIGINALLY PARENTAGE: DNA TESTING)
        As introduced, would amend the Illinois Public Aid Code and the Illinois Parentage Act of 1984. Provides that in a proceeding under the Illinois Parentage Act of 1984, except in a case in which a party is in default, the court shall (instead of may, and upon request of a party shall) order or direct the mother, child, and alleged father to submit to DNA tests; provides an exception if both the mother and the alleged father have signed a waiver stating that (i) they have been informed of the requirement of DNA testing and (ii) they expressly waive that requirement. Provides that the Department of Healthcare and Family Services may not make an administrative determination of paternity, and the court may not enter a judgment of parentage, unless (1) the results of DNA tests of the mother, child, and alleged father have been admitted into evidence (provided that if a party is in default, the results of a DNA test need not be admitted into evidence) or (2) both the mother and the alleged father have signed a waiver stating that they have been informed of the requirement of DNA testing and they expressly waive that requirement. Requires the Department of Healthcare and Family Services to prescribe the form of the waiver and distribute copies of the waiver form to the circuit courts of the State. Effective immediately.
        House amendment replaced everything after the enacting clause. Instead amends the Criminal Code of 1961. In provisions concerning the offense of unlawful visitation interference, changes the name of the offense to unlawful parenting time interference and changes references from "visitation" to "parenting time"; also adds references to "custody time". Effective immediately.
        Passed, by the House as amended, 5/6/08, 104-00-00.
          [Return to Bill Grid above]

H. B. 5727: CHILD SUPPORT, EDUCATION EXPENSES
        Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that for purposes of calculating child support the definition of net income shall include a deduction for expenditures for reasonable educational expenses of a child of the parties who is enrolled in a pre-school, elementary, or secondary educational institution.  Effective immediately.
        [Return to Bill Grid above]

H. B. 5771:  CHILD SUPPORT; DEPRECIATION
        Amends the Illinois Marriage and Dissolution of Marriage Act.  Provides that net income is the total of all income minus deductions for federal and State income tax; Social Security; mandatory retirement contributions; union dues; health insurance premiums; prior support or maintenance obligations; expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income; medical expenditures necessary to preserve life or health; reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts; and straight-line depreciation of capital assets reasonable and necessary for the production of income, except for real estate or depreciation regarding an asset for which there is a repayment of debt deduction (instead of federal and State income tax; Social Security; mandatory retirement contributions; union dues; health insurance premiums; prior support or maintenance obligations; and expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts).
        (Not passed by House)         
          [Return to Bill Grid above]

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