Bill Text: IL SB1291 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Administration Article of the Illinois Public Aid Code. Provides that, in matters concerning the recovery of overpayments for benefits provided by the Department of Human Services, the Department shall send a recipient written notice and a demand for payment of any amount in overpaid benefits owed within 5 years after the Department's right to collect the overpayment first accrued. Requires the Department to issue such notice by certified mail to the recipient's last known mailing address. Provides that actions for the recovery of overpayments shall be commenced within 10 years after the date the notice was sent.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0485 [SB1291 Detail]
Download: Illinois-2023-SB1291-Engrossed.html
Bill Title: Amends the Administration Article of the Illinois Public Aid Code. Provides that, in matters concerning the recovery of overpayments for benefits provided by the Department of Human Services, the Department shall send a recipient written notice and a demand for payment of any amount in overpaid benefits owed within 5 years after the Department's right to collect the overpayment first accrued. Requires the Department to issue such notice by certified mail to the recipient's last known mailing address. Provides that actions for the recovery of overpayments shall be commenced within 10 years after the date the notice was sent.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0485 [SB1291 Detail]
Download: Illinois-2023-SB1291-Engrossed.html
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1 | AN ACT concerning civil law.
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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 5. The Illinois State Collection Act of 1986 is | ||||||
5 | amended by adding Section 10.3 and 10.4 as follows:
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6 | (30 ILCS 210/10.3 new) | ||||||
7 | Sec. 10.3. Five-year limitation. Except in the case of | ||||||
8 | fraud, if a State agency fails to provide a debtor with written | ||||||
9 | notice and a demand for payment of any debt, accounts, or | ||||||
10 | claims owed to the State agency with 5 years of when the State | ||||||
11 | agency's right to collect the debt first accrued, then the | ||||||
12 | State agency is barred from attempting to collect such debt, | ||||||
13 | accounts, or claims owed to it by the debtor. This Section does | ||||||
14 | not apply to taxes, fines, or fees.
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15 | (30 ILCS 210/10.4 new) | ||||||
16 | Sec. 10.4. Ten-year limitation. When a State agency is | ||||||
17 | attempting to collect outstanding health benefits premiums | ||||||
18 | from a covered employee who was reinstated to employment | ||||||
19 | status after a grievance resolution, the State agency shall | ||||||
20 | provide the employee with a written notice and demand for | ||||||
21 | payment of the premiums within 10 years of when the State | ||||||
22 | agency's right to collect the premiums first accrued. |
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1 | Otherwise, the State agency is barred from attempting to | ||||||
2 | collect such premiums.
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3 | Section 10. The Code of Civil Procedure is amended by | ||||||
4 | changing Section 13-205 as follows:
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5 | (735 ILCS 5/13-205) (from Ch. 110, par. 13-205)
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6 | Sec. 13-205. Five year limitation. | ||||||
7 | (a) Except as provided in Section 2-725
of the " Uniform
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8 | Commercial Code ", approved July 31, 1961, as amended, and | ||||||
9 | Section 11-13
of " The Illinois Public Aid Code ", approved | ||||||
10 | April 11, 1967, as amended ,
actions on unwritten contracts, | ||||||
11 | expressed or implied, or on awards of
arbitration, or to | ||||||
12 | recover damages for an injury done to property, real
or | ||||||
13 | personal, or to recover the possession of personal property or
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14 | damages for the detention or conversion thereof, and all civil | ||||||
15 | actions
not otherwise provided for, shall be commenced within | ||||||
16 | 5 years next after
the cause of action accrued. | ||||||
17 | (b) Except in the case of fraud or where facts material to | ||||||
18 | the State agency's right to collect the debt were not known nor | ||||||
19 | could reasonably have been known by the State agency's | ||||||
20 | official charged with the responsibility to discover and | ||||||
21 | collect the debt, an action by a State agency may not be | ||||||
22 | conducted more than 5 years after the State agency's right to | ||||||
23 | collect the debt first accrued. This subsection does not apply | ||||||
24 | to taxes, fines, or fees.
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1 | (Source: P.A. 82-280.)
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