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92_HB4465eng HB4465 Engrossed LRB9212297DJpc 1 AN ACT in relation to public aid. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Public Aid Code is amended by 5 changing Sections 12-10.2 and 12-10.2a as follows: 6 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2) 7 Sec. 12-10.2. The Child Support Enforcement Trust Fund. 8 (a) The Child Support Enforcement Trust Fund, to be held 9 by the State Treasurer as ex-officio custodian outside the 10 State Treasury, pursuant to the Child Support Enforcement 11 Program established by Title IV-D of the Social Security Act, 12 shall consist of the following, through June 30, 2002: 13 (1) all support payments assigned to the Illinois 14 Department under Article X of this Code and rules 15 promulgated by the Illinois Department that are disbursed 16 to the Illinois Department by the State Disbursement Unit 17 established under Section 10-26, 18 (2) all support payments received by the Illinois 19 Department as a result of the Child Support Enforcement 20 Program established by Title IV-D of the Social Security 21 Act that are not required or directed to be paid to the 22 State Disbursement Unit established under Section 10-26, 23 (3) all federal grants received by the Illinois 24 Department funded by Title IV-D of the Social Security 25 Act, except those federal funds received under the Title 26 IV-D program as reimbursement for expenditures from the 27 General Revenue Fund, 28 (4) incentive payments received by the Illinois 29 Department from other states or political subdivisions of 30 other states for the enforcement and collection by the 31 Department of an assigned child support obligation in HB4465 Engrossed -2- LRB9212297DJpc 1 behalf of such other states or their political 2 subdivisions pursuant to the provisions of Title IV-D of 3 the Social Security Act, 4 (5) incentive payments retained by the Illinois 5 Department from the amounts which otherwise would be paid 6 to the federal government to reimburse the federal 7 government's share of the support collection for the 8 Department's enforcement and collection of an assigned 9 support obligation on behalf of the State of Illinois 10 pursuant to the provisions of Title IV-D of the Social 11 Security Act, 12 (6) all fees charged by the Department for child 13 support enforcement services, as authorized under Title 14 IV-D of the Social Security Act and Section 10-1 of this 15 Code, and any other fees, costs, fines, recoveries, or 16 penalties provided for by State or federal law and 17 received by the Department under the Child Support 18 Enforcement Program established by Title IV-D of the 19 Social Security Act,and20 (7) all amounts appropriated by the General 21 Assembly for deposit into the Fund, and 22 (8) any gifts, grants, donations, or awards from 23 individuals, private businesses, nonprofit associations, 24 and governmental entities. 25 (a-5) On and after July 1, 2002, the Child Support 26 Enforcement Trust Fund shall consist of the following: 27 (1) all support payments assigned to the Illinois 28 Department under Article X of this Code and rules adopted 29 by the Illinois Department that are disbursed to the 30 Illinois Department by the State Disbursement Unit 31 established under Section 10-26, regardless of the fiscal 32 year in which the payments were receipted; 33 (2) all support payments received by the Illinois 34 Department as a result of the Child Support Enforcement HB4465 Engrossed -3- LRB9212297DJpc 1 Program established by Title IV-D of the Social Security 2 Act that are not required or directed to be paid to the 3 State Disbursement Unit established under Section 10-26, 4 regardless of the fiscal year in which the payments were 5 receipted; 6 (3) all federal grants received by the Illinois 7 Department funded by Title IV-D of the Social Security 8 Act, except those federal funds received under the Title 9 IV-D program as reimbursement for expenditures from the 10 General Revenue Fund, and receipted on or before June 30, 11 2002; 12 (4) incentive payments received by the Illinois 13 Department from other states or political subdivisions of 14 other states for the enforcement and collection by the 15 Department of an assigned child support obligation in 16 behalf of those other states or their political 17 subdivisions pursuant to the provisions of Title IV-D of 18 the Social Security Act, and receipted on or before June 19 30, 2002; 20 (5) incentive payments retained by the Illinois 21 Department from the amounts that otherwise would be paid 22 to the federal government to reimburse the federal 23 government's share of the support collection for the 24 Department's enforcement and collection of an assigned 25 support obligation on behalf of the State of Illinois 26 pursuant to the provisions of Title IV-D of the Social 27 Security Act, and receipted on or before June 30, 2002; 28 (6) all fees charged by the Department for child 29 support enforcement services, as authorized under Title 30 IV-D of the Social Security Act and Section 10-1 of this 31 Code, and any other fees, costs, fines, recoveries, or 32 penalties provided for by State or federal law and 33 received by the Department under the Child Support 34 Enforcement Program established by Title IV-D of the HB4465 Engrossed -4- LRB9212297DJpc 1 Social Security Act, and receipted on or before June 30, 2 2002; 3 (7) all amounts appropriated by the General 4 Assembly for deposit into the Child Support Enforcement 5 Trust Fund; and 6 (8) any gifts, grants, donations, or awards from 7 individuals, private businesses, nonprofit associations, 8 and governmental entities, receipted on or before June 9 30, 2002. 10 (b) Disbursements from this Fund shall be only for the 11 following purposes: 12 (1) for the reimbursement of funds received by the 13 Illinois Department through error or mistake, 14 (2) for payments to non-recipients, current 15 recipients, and former recipients of financial aid of 16 support payments received on their behalf under Article X 17 of this Code that are not required to be disbursed by the 18 State Disbursement Unit established under Section 10.26, 19 (3) for any other payments required by law to be 20 paid by the Illinois Department to non-recipients, 21 current recipients, and former recipients, 22 (4) for payment of any administrative expenses 23 incurred through fiscal year 2002 and for payment of any 24 administrative expenses by transfer to the Child Support 25 Administrative Fund under Section 12-10.2a,but not26thereafter,including payment to the Health Insurance 27 Reserve Fund for group insurance costs at the rate 28 certified by the Department of Central Management 29 Services, except those required to be paid from the 30 General Revenue Fund, including personal and contractual 31 services, incurred in performing the Title IV-D 32 activities authorized by Article X of this Code, 33 (5) for the reimbursement of the Public Assistance 34 Emergency Revolving Fund for expenditures made from that HB4465 Engrossed -5- LRB9212297DJpc 1 Fund for payments to former recipients of public aid for 2 child support made to the Illinois Department when the 3 former public aid recipient is legally entitled to all or 4 part of the child support payments, pursuant to the 5 provisions of Title IV-D of the Social Security Act, 6 (6) for the payment of incentive amounts owed to 7 other states or political subdivisions of other states 8 that enforce and collect an assigned support obligation 9 on behalf of the State of Illinois pursuant to the 10 provisions of Title IV-D of the Social Security Act, 11 (7) for the payment of incentive amounts owed to 12 political subdivisions of the State of Illinois that 13 enforce and collect an assigned support obligation on 14 behalf of the State pursuant to the provisions of Title 15 IV-D of the Social Security Act, and 16 (8) for payments of any amounts which are 17 reimbursable to the Federal government which are required 18 to be paid by State warrant by either the State or 19 Federal government. 20 Disbursements from this Fund shall be by warrants drawn 21 by the State Comptroller on receipt of vouchers duly executed 22 and certified by the Illinois Department or any other State 23 agency that receives an appropriation from the Fund. 24 (c) The Illinois Department's child support 25 administrative expenses, as defined in Section 12-10.2a, that 26 are incurred after fiscal year 2002 shall be paid only as 27 provided in that Section. 28 (Source: P.A. 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; 29 91-712, eff. 7-1-00; 92-44, eff. 7-1-01; revised 7-24-01.) 30 (305 ILCS 5/12-10.2a) 31 Sec. 12-10.2a. Child Support Administrative Fund. 32 (a) Beginning July 1, 2002, the Child Support 33 Administrative Fund is created as a special fund in the State HB4465 Engrossed -6- LRB9212297DJpc 1 treasury. Moneys in the Fund may be used, subject to 2 appropriation, only for the Department of Public Aid's child 3 support administrative expenses, as defined in this Section. 4 (a-5) Moneys in the Child Support Administrative Fund 5 shall consist of the following: 6 (1) all federal grants received by the Illinois 7 Department funded by Title IV-D of the Social Security 8 Act, except those federal funds received under the Title 9 IV-D program as reimbursement for expenditures from the 10 General Revenue Fund; 11 (2) incentive payments received by the Illinois 12 Department from other states or political subdivisions of 13 other states for the enforcement and collection by the 14 Department of an assigned child support obligation in 15 behalf of those other states or their political 16 subdivisions pursuant to the provisions of Title IV-D of 17 the Social Security Act; 18 (3) incentive payments retained by the Illinois 19 Department from the amounts that otherwise would be paid 20 to the federal government to reimburse the federal 21 government's share of the support collection for the 22 Department's enforcement and collection of an assigned 23 support obligation on behalf of the State of Illinois 24 pursuant to the provisions of Title IV-D of the Social 25 Security Act; 26 (4) all fees charged by the Department for child 27 support enforcement services, as authorized under Title 28 IV-D of the Social Security Act and Section 10-1 of this 29 Code, and any other fees, costs, fines, recoveries, or 30 penalties provided for by State or federal law and 31 received by the Department under the Child Support 32 Enforcement Program established by Title IV-D of the 33 Social Security Act; 34 (5) all amounts appropriated by the General HB4465 Engrossed -7- LRB9212297DJpc 1 Assembly for deposit into the Child Support 2 Administrative Fund; and 3 (6) any gifts, grants, donations, or awards from 4 individuals, private businesses, nonprofit associations, 5 and governmental entities. 6 (a-10) The moneys identified in subsection (a-5) of this 7 Section shall include moneys receipted on or after July 1, 8 2002, regardless of the fiscal year in which the moneys were 9 earned. 10 (b) As used in this Section, "child support 11 administrative expenses" means administrative expenses, 12 including payment to the Health Insurance Reserve Fund for 13 group insurance costs at the rate certified by the Department 14 of Central Management Services, except those required to be 15 paid from the General Revenue Fund, including personal and 16 contractual services, incurred by the Department of Public 17 Aid, either directly or under its contracts with SDU 18 contractors as defined in Section 10-26.2, in performing 19 activities authorized by Article X of this Code, and 20 including appropriations to other State agencies or offices. 21 The term includes expenses incurred by the Department of 22 Public Aid in administering the Child Support Enforcement 23 Trust Fund and the State Disbursement Unit Revolving Fund. 24 (c) Child support administrative expenses incurred in 25 fiscal year 2003 or thereafter shall be paid only from moneys 26 appropriatedto the Departmentfrom the Child Support 27 Administrative Fund. 28 (d) Before April 1, 2003 and before April 1 of each year 29 thereafter, the Department of Public Aid shall provide 30 notification to the General Assembly of the amount of the 31 Department's child support administrative expenses expected 32 to be incurred during the fiscal year beginning on the next 33 July 1, including the estimated amount required for the 34 operation of the State Disbursement Unit, which shall be HB4465 Engrossed -8- LRB9212297DJpc 1 separately identified in the annual administrative 2 appropriation. 3 (e) For the fiscal year beginning July 1, 2002 and for 4 each fiscal year thereafter, the State Comptroller and the 5 State Treasurer shall transfer from the Child Support 6 Enforcement Trust Fund to the Child Support Administrative 7 Fund amounts as determined by the Department necessary to 8 enable the Department to meet its child support 9 administrative expenses for the then-current fiscal year. 10 For any fiscal year, the State Comptroller and the State 11 Treasurer may not transfer more than the total amount 12 appropriatedto the Department from the Child Support13Administrative Fundfor the Department's child support 14 administrative expenses for that fiscal year. 15 (f) By December 1, 2001, the Illinois Department shall 16 provide a corrective action plan to the General Assembly 17 regarding the establishment of accurate accounts in the Child 18 Support Enforcement Trust Fund. The plan shall include those 19 tasks that may be required to establish accurate accounts, 20 the estimated time for completion of each of those tasks and 21 the plan, and the estimated cost for completion of each of 22 the tasks and the plan. 23 (Source: P.A. 92-44, eff. 7-1-01.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.