State of Illinois
91st General Assembly
Legislation

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91_SB1067enr

 
SB1067 Enrolled                                LRB9102036SMdv

 1        AN  ACT to amend the Illinois Public Aid Code by changing
 2    Section 12-10.2.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Illinois Public Aid Code is amended by
 6    changing Section 12-10.2 as follows:

 7        (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
 8        Sec. 12-10.2.  The Child Support Enforcement Trust  Fund,
 9    to  be  held  by  the State Treasurer as ex-officio custodian
10    outside the State Treasury, pursuant  to  the  Child  Support
11    Enforcement  Program  established by Title IV-D of the Social
12    Security Act, shall  consist  of  (1)  all  support  payments
13    received  by  the  Illinois  Department  under Sections 10-8,
14    10-10, 10-16 and 10-19 that are required by such Sections  to
15    be  paid  into  the Child Support Enforcement Trust Fund, and
16    (2) all federal grants received by  the  Illinois  Department
17    funded by Title IV-D of the Social Security Act, except those
18    federal  funds  received  under  the  Title  IV-D  program as
19    reimbursement for expenditures from the General Revenue Fund,
20    and  (3)  incentive  payments  received   by   the   Illinois
21    Department  from  other  states  or political subdivisions of
22    other states  for  the  enforcement  and  collection  by  the
23    Department  of an assigned child support obligation in behalf
24    of such other states or their political subdivisions pursuant
25    to the provisions of Title IV-D of the Social  Security  Act,
26    and   (4)   incentive   payments  retained  by  the  Illinois
27    Department from the amounts which otherwise would be paid  to
28    the  Federal government to reimburse the Federal government's
29    share  of  the  support  collection  for   the   Department's
30    enforcement  and collection of an assigned support obligation
31    on behalf of the State of Illinois pursuant to the provisions
 
SB1067 Enrolled             -2-                LRB9102036SMdv
 1    of Title IV-D of the Social Security Act, and  (5)  all  fees
 2    charged  by  the  Department  for  child  support enforcement
 3    services, as  authorized  under  Title  IV-D  of  the  Social
 4    Security  Act  and  Section  10-1 of this Code, and any other
 5    fees, costs, fines, recoveries, or penalties provided for  by
 6    State or federal law and received by the Department under the
 7    Child  Support  Enforcement Program established by Title IV-D
 8    of the Social Security Act, and (6) all amounts  appropriated
 9    by  the  General  Assembly for deposit into the Fund, and (7)
10    any gifts, grants, donations,  or  awards  from  individuals,
11    private  businesses, nonprofit associations, and governmental
12    entities.
13        Disbursements from  this  Fund  shall  be  only  for  the
14    following  purposes:  (1)  for  the  reimbursement  of  funds
15    received by the Illinois Department through error or mistake,
16    and  (2)  for  payments to non-recipients, current recipients
17    and former recipients of financial aid  of  support  payments
18    received  on  their  behalf  under  Article  X  of this Code,
19    pursuant to the  provisions  of  Title  IV-D  of  the  Social
20    Security Act and rules promulgated by the Department, and (3)
21    for payment of any administrative expenses, including payment
22    to  the  Health  Insurance  Reserve  Fund for group insurance
23    costs at the rate certified  by  the  Department  of  Central
24    Management  Services,  except  those required to be paid from
25    the General Revenue Fund, including personal and  contractual
26    services,  incurred  in  performing the Title IV-D activities
27    authorized by Article  X  of  this  Code,  and  (4)  for  the
28    reimbursement  of  the  Public Assistance Emergency Revolving
29    Fund for expenditures made from that  Fund  for  payments  to
30    former recipients of public aid for child support made to the
31    Illinois  Department  when the former public aid recipient is
32    legally  entitled  to  all  or  part  of  the  child  support
33    payments, pursuant to the provisions of  Title  IV-D  of  the
34    Social  Security  Act,  and  (5) for the payment of incentive
 
SB1067 Enrolled             -3-                LRB9102036SMdv
 1    amounts owed to other states  or  political  subdivisions  of
 2    other  states  that  enforce  and collect an assigned support
 3    obligation on behalf of the State of Illinois pursuant to the
 4    provisions of Title IV-D of the Social Security Act, and  (6)
 5    for  the  payment  of  incentive  amounts  owed  to political
 6    subdivisions of  the  State  of  Illinois  that  enforce  and
 7    collect an assigned support obligation on behalf of the State
 8    pursuant  to  the  provisions  of  Title  IV-D  of the Social
 9    Security Act, and (7) for payments of any amounts  which  are
10    reimbursable  to the Federal government which are required to
11    be paid by State warrant  by  either  the  State  or  Federal
12    government. Disbursements from this Fund shall be by warrants
13    drawn  by  the  State Comptroller on receipt of vouchers duly
14    executed and certified by  the  Illinois  Department  or  any
15    other  State  agency  that receives an appropriation from the
16    Fund.
17    (Source: P.A.  89-21,  eff.  7-1-95;  89-499,  eff.  6-28-96;
18    90-18, eff. 7-1-97; 90-587, eff. 6-4-98.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.

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