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91_SB1067eng SB1067 Engrossed 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 Engrossed -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 Engrossed -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.