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Public Act 92-0570
HB4465 Enrolled LRB9212297DJpc
AN ACT in relation to public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Sections 12-10.2 and 12-10.2a as follows:
(305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
Sec. 12-10.2. The Child Support Enforcement Trust Fund.
(a) The Child Support Enforcement Trust Fund, to be held
by the State Treasurer as ex-officio custodian outside the
State Treasury, pursuant to the Child Support Enforcement
Program established by Title IV-D of the Social Security Act,
shall consist of the following, through June 30, 2002:
(1) all support payments assigned to the Illinois
Department under Article X of this Code and rules
promulgated by the Illinois Department that are disbursed
to the Illinois Department by the State Disbursement Unit
established under Section 10-26,
(2) all support payments received by the Illinois
Department as a result of the Child Support Enforcement
Program established by Title IV-D of the Social Security
Act that are not required or directed to be paid to the
State Disbursement Unit established under Section 10-26,
(3) all federal grants received by the Illinois
Department funded by Title IV-D of the Social Security
Act, except those federal funds received under the Title
IV-D program as reimbursement for expenditures from the
General Revenue Fund,
(4) incentive payments received by the Illinois
Department from other states or political subdivisions of
other states for the enforcement and collection by the
Department of an assigned child support obligation in
behalf of such other states or their political
subdivisions pursuant to the provisions of Title IV-D of
the Social Security Act,
(5) incentive payments retained by the Illinois
Department from the amounts which otherwise would be paid
to the federal government to reimburse the federal
government's share of the support collection for the
Department's enforcement and collection of an assigned
support obligation on behalf of the State of Illinois
pursuant to the provisions of Title IV-D of the Social
Security Act,
(6) all fees charged by the Department for child
support enforcement services, as authorized under Title
IV-D of the Social Security Act and Section 10-1 of this
Code, and any other fees, costs, fines, recoveries, or
penalties provided for by State or federal law and
received by the Department under the Child Support
Enforcement Program established by Title IV-D of the
Social Security Act, and
(7) all amounts appropriated by the General
Assembly for deposit into the Fund, and
(8) any gifts, grants, donations, or awards from
individuals, private businesses, nonprofit associations,
and governmental entities.
(a-5) On and after July 1, 2002, the Child Support
Enforcement Trust Fund shall consist of the following:
(1) all support payments assigned to the Illinois
Department under Article X of this Code and rules adopted
by the Illinois Department that are disbursed to the
Illinois Department by the State Disbursement Unit
established under Section 10-26, regardless of the fiscal
year in which the payments were receipted;
(2) all support payments received by the Illinois
Department as a result of the Child Support Enforcement
Program established by Title IV-D of the Social Security
Act that are not required or directed to be paid to the
State Disbursement Unit established under Section 10-26,
regardless of the fiscal year in which the payments were
receipted;
(3) all federal grants received by the Illinois
Department funded by Title IV-D of the Social Security
Act, except those federal funds received under the Title
IV-D program as reimbursement for expenditures from the
General Revenue Fund, and receipted on or before June 30,
2002;
(4) incentive payments received by the Illinois
Department from other states or political subdivisions of
other states for the enforcement and collection by the
Department of an assigned child support obligation in
behalf of those other states or their political
subdivisions pursuant to the provisions of Title IV-D of
the Social Security Act, and receipted on or before June
30, 2002;
(5) incentive payments retained by the Illinois
Department from the amounts that otherwise would be paid
to the federal government to reimburse the federal
government's share of the support collection for the
Department's enforcement and collection of an assigned
support obligation on behalf of the State of Illinois
pursuant to the provisions of Title IV-D of the Social
Security Act, and receipted on or before June 30, 2002;
(6) all fees charged by the Department for child
support enforcement services, as authorized under Title
IV-D of the Social Security Act and Section 10-1 of this
Code, and any other fees, costs, fines, recoveries, or
penalties provided for by State or federal law and
received by the Department under the Child Support
Enforcement Program established by Title IV-D of the
Social Security Act, and receipted on or before June 30,
2002;
(7) all amounts appropriated by the General
Assembly for deposit into the Child Support Enforcement
Trust Fund; and
(8) any gifts, grants, donations, or awards from
individuals, private businesses, nonprofit associations,
and governmental entities, receipted on or before June
30, 2002.
(b) Disbursements from this Fund shall be only for the
following purposes:
(1) for the reimbursement of funds received by the
Illinois Department through error or mistake,
(2) for payments to non-recipients, current
recipients, and former recipients of financial aid of
support payments received on their behalf under Article X
of this Code that are not required to be disbursed by the
State Disbursement Unit established under Section 10.26,
(3) for any other payments required by law to be
paid by the Illinois Department to non-recipients,
current recipients, and former recipients,
(4) for payment of any administrative expenses
incurred through fiscal year 2002 and for payment of any
administrative expenses by transfer to the Child Support
Administrative Fund under Section 12-10.2a, but not
thereafter, including payment to the Health Insurance
Reserve Fund for group insurance costs at the rate
certified by the Department of Central Management
Services, except those required to be paid from the
General Revenue Fund, including personal and contractual
services, incurred in performing the Title IV-D
activities authorized by Article X of this Code,
(5) for the reimbursement of the Public Assistance
Emergency Revolving Fund for expenditures made from that
Fund for payments to former recipients of public aid for
child support made to the Illinois Department when the
former public aid recipient is legally entitled to all or
part of the child support payments, pursuant to the
provisions of Title IV-D of the Social Security Act,
(6) for the payment of incentive amounts owed to
other states or political subdivisions of other states
that enforce and collect an assigned support obligation
on behalf of the State of Illinois pursuant to the
provisions of Title IV-D of the Social Security Act,
(7) for the payment of incentive amounts owed to
political subdivisions of the State of Illinois that
enforce and collect an assigned support obligation on
behalf of the State pursuant to the provisions of Title
IV-D of the Social Security Act, and
(8) for payments of any amounts which are
reimbursable to the Federal government which are required
to be paid by State warrant by either the State or
Federal government.
Disbursements from this Fund shall be by warrants drawn
by the State Comptroller on receipt of vouchers duly executed
and certified by the Illinois Department or any other State
agency that receives an appropriation from the Fund.
(c) The Illinois Department's child support
administrative expenses, as defined in Section 12-10.2a, that
are incurred after fiscal year 2002 shall be paid only as
provided in that Section.
(Source: P.A. 91-212, eff. 7-20-99; 91-400, eff. 7-30-99;
91-712, eff. 7-1-00; 92-44, eff. 7-1-01; revised 7-24-01.)
(305 ILCS 5/12-10.2a)
Sec. 12-10.2a. Child Support Administrative Fund.
(a) Beginning July 1, 2002, the Child Support
Administrative Fund is created as a special fund in the State
treasury. Moneys in the Fund may be used, subject to
appropriation, only for the Department of Public Aid's child
support administrative expenses, as defined in this Section.
(a-5) Moneys in the Child Support Administrative Fund
shall consist of the following:
(1) all federal grants received by the Illinois
Department funded by Title IV-D of the Social Security
Act, except those federal funds received under the Title
IV-D program as reimbursement for expenditures from the
General Revenue Fund;
(2) incentive payments received by the Illinois
Department from other states or political subdivisions of
other states for the enforcement and collection by the
Department of an assigned child support obligation in
behalf of those other states or their political
subdivisions pursuant to the provisions of Title IV-D of
the Social Security Act;
(3) incentive payments retained by the Illinois
Department from the amounts that otherwise would be paid
to the federal government to reimburse the federal
government's share of the support collection for the
Department's enforcement and collection of an assigned
support obligation on behalf of the State of Illinois
pursuant to the provisions of Title IV-D of the Social
Security Act;
(4) all fees charged by the Department for child
support enforcement services, as authorized under Title
IV-D of the Social Security Act and Section 10-1 of this
Code, and any other fees, costs, fines, recoveries, or
penalties provided for by State or federal law and
received by the Department under the Child Support
Enforcement Program established by Title IV-D of the
Social Security Act;
(5) all amounts appropriated by the General
Assembly for deposit into the Child Support
Administrative Fund; and
(6) any gifts, grants, donations, or awards from
individuals, private businesses, nonprofit associations,
and governmental entities.
(a-10) The moneys identified in subsection (a-5) of this
Section shall include moneys receipted on or after July 1,
2002, regardless of the fiscal year in which the moneys were
earned.
(b) As used in this Section, "child support
administrative expenses" means administrative expenses,
including payment to the Health Insurance Reserve Fund for
group insurance costs at the rate certified by the Department
of Central Management Services, except those required to be
paid from the General Revenue Fund, including personal and
contractual services, incurred by the Department of Public
Aid, either directly or under its contracts with SDU
contractors as defined in Section 10-26.2, in performing
activities authorized by Article X of this Code, and
including appropriations to other State agencies or offices.
The term includes expenses incurred by the Department of
Public Aid in administering the Child Support Enforcement
Trust Fund and the State Disbursement Unit Revolving Fund.
(c) Child support administrative expenses incurred in
fiscal year 2003 or thereafter shall be paid only from moneys
appropriated to the Department from the Child Support
Administrative Fund.
(d) Before April 1, 2003 and before April 1 of each year
thereafter, the Department of Public Aid shall provide
notification to the General Assembly of the amount of the
Department's child support administrative expenses expected
to be incurred during the fiscal year beginning on the next
July 1, including the estimated amount required for the
operation of the State Disbursement Unit, which shall be
separately identified in the annual administrative
appropriation.
(e) For the fiscal year beginning July 1, 2002 and for
each fiscal year thereafter, the State Comptroller and the
State Treasurer shall transfer from the Child Support
Enforcement Trust Fund to the Child Support Administrative
Fund amounts as determined by the Department necessary to
enable the Department to meet its child support
administrative expenses for the then-current fiscal year.
For any fiscal year, the State Comptroller and the State
Treasurer may not transfer more than the total amount
appropriated to the Department from the Child Support
Administrative Fund for the Department's child support
administrative expenses for that fiscal year.
(f) By December 1, 2001, the Illinois Department shall
provide a corrective action plan to the General Assembly
regarding the establishment of accurate accounts in the Child
Support Enforcement Trust Fund. The plan shall include those
tasks that may be required to establish accurate accounts,
the estimated time for completion of each of those tasks and
the plan, and the estimated cost for completion of each of
the tasks and the plan.
(Source: P.A. 92-44, eff. 7-1-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 25, 2002.
Approved June 26, 2002.
Effective June 26, 2002.
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