Full Text of HB4905 101st General Assembly
HB4905 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4905 Introduced 2/18/2020, by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: |
| 305 ILCS 5/10-17.10 new | | 305 ILCS 5/12-10.2 | from Ch. 23, par. 12-10.2 |
|
Amends the Illinois Public Aid Code. In provisions concerning child support enforcement, provides that if in any case an error is made in a court, administrative, or reimbursement order that results in an overpayment of support by a responsible relative, the Department of Healthcare and Family Services shall identify the error and refund the overpaid amount out of the Child Support Enforcement Trust Fund in a timely manner.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB4905 | | LRB101 17732 KTG 67160 b |
|
| 1 | | AN ACT concerning 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 Section 12-10.2 and by adding Section 10-17.10 as | 6 | | follows: | 7 | | (305 ILCS 5/10-17.10 new) | 8 | | Sec. 10-17.10. Refund of overpayment in support. If in any | 9 | | case an error is made in a court, administrative, or | 10 | | reimbursement order issued under this Article that results in | 11 | | an overpayment of support by a responsible relative, the | 12 | | Department shall identify the error and refund the overpaid | 13 | | amount out of the Child Support Enforcement Trust Fund in a | 14 | | timely manner.
| 15 | | (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
| 16 | | Sec. 12-10.2. The Child Support Enforcement Trust Fund.
| 17 | | (a) The Child Support Enforcement Trust Fund, to be held by
| 18 | | the State Treasurer as ex-officio custodian outside the State | 19 | | Treasury,
pursuant to the Child Support Enforcement Program | 20 | | established by Title
IV-D of the Social Security Act, shall | 21 | | consist of the following, through June
30, 2002:
| 22 | | (1) all support payments
assigned to the Illinois |
| | | HB4905 | - 2 - | LRB101 17732 KTG 67160 b |
|
| 1 | | Department under Article X of this Code and rules
| 2 | | promulgated by the Illinois Department that are disbursed | 3 | | to the Illinois
Department by the State Disbursement Unit | 4 | | established under Section 10-26,
| 5 | | (2) all support payments received by the Illinois | 6 | | Department as a result
of the Child Support Enforcement | 7 | | Program established by Title IV-D of the
Social Security | 8 | | Act that are not required or directed to be paid to the | 9 | | State
Disbursement Unit established under Section 10-26,
| 10 | | (3) all federal
grants received by the Illinois | 11 | | Department funded by Title IV-D of the Social
Security Act, | 12 | | except those federal funds received under the Title IV-D | 13 | | program
as reimbursement for expenditures from the General | 14 | | Revenue Fund,
| 15 | | (4) incentive payments received by the Illinois | 16 | | Department
from other states or political subdivisions of | 17 | | other
states for the enforcement and collection by the | 18 | | Department of an assigned
child support obligation in | 19 | | behalf of such other states or their political
subdivisions | 20 | | pursuant to the provisions of Title IV-D of the Social
| 21 | | Security Act,
| 22 | | (5) incentive payments retained by the Illinois | 23 | | Department
from the amounts which otherwise would be paid | 24 | | to the federal government to
reimburse the federal | 25 | | government's share of the support collection for the
| 26 | | Department's enforcement and collection of an assigned |
| | | HB4905 | - 3 - | LRB101 17732 KTG 67160 b |
|
| 1 | | support obligation on
behalf of the State of Illinois | 2 | | pursuant to the provisions of Title IV-D of the
Social | 3 | | Security Act,
| 4 | | (6) all fees charged by the Department for child | 5 | | support
enforcement services, as authorized under Title | 6 | | IV-D of the Social Security Act
and Section 10-1 of this | 7 | | Code, and any other fees, costs, fines,
recoveries, or | 8 | | penalties provided for by State or federal law and received | 9 | | by
the Department under the Child Support Enforcement | 10 | | Program established by Title
IV-D of the Social Security | 11 | | Act,
| 12 | | (7) all amounts appropriated by the General Assembly | 13 | | for
deposit into the Fund, and
| 14 | | (8) any gifts, grants, donations, or
awards from | 15 | | individuals, private businesses, nonprofit associations, | 16 | | and
governmental entities.
| 17 | | (a-5) On and after July 1, 2002, the Child Support | 18 | | Enforcement Trust Fund
shall
consist of the following:
| 19 | | (1) all support payments assigned to the Illinois | 20 | | Department under Article
X of this Code and rules adopted | 21 | | by the Illinois Department that are disbursed
to
the | 22 | | Illinois Department by the State Disbursement Unit | 23 | | established under
Section
10-26, regardless of the fiscal | 24 | | year in which the payments were receipted;
| 25 | | (2) all support payments received by the Illinois | 26 | | Department as a result
of the Child Support Enforcement |
| | | HB4905 | - 4 - | LRB101 17732 KTG 67160 b |
|
| 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 Act, | 8 | | except those federal funds received
under
the Title IV-D | 9 | | program as reimbursement for expenditures from the General
| 10 | | Revenue Fund, and receipted on or before June 30, 2002;
| 11 | | (4) 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, and receipted on or before June | 18 | | 30, 2002;
| 19 | | (5) incentive payments retained by the Illinois | 20 | | Department from the
amounts that otherwise would be paid to | 21 | | the federal government to reimburse the
federal | 22 | | government's share of the support collection for the | 23 | | Department's
enforcement and collection of an assigned | 24 | | support obligation on behalf of the
State of Illinois | 25 | | pursuant to the provisions of Title IV-D of the Social
| 26 | | Security
Act, and receipted on or before June 30, 2002;
|
| | | HB4905 | - 5 - | LRB101 17732 KTG 67160 b |
|
| 1 | | (6) all fees charged by the Department for child | 2 | | support enforcement
services, as authorized under Title | 3 | | IV-D of the Social Security Act and Section
10-1 of this | 4 | | Code, and any other fees, costs, fines, recoveries, or | 5 | | penalties
provided for by State or federal law and received | 6 | | by the Department under the
Child Support Enforcement | 7 | | Program established by Title IV-D of the Social
Security | 8 | | Act, and receipted on or before June 30, 2002;
| 9 | | (7) all amounts appropriated by the General Assembly | 10 | | for deposit into
the Child Support Enforcement Trust Fund; | 11 | | and
| 12 | | (8) any gifts, grants, donations, or awards from | 13 | | individuals, private
businesses, nonprofit associations, | 14 | | and governmental entities, receipted on
or
before June 30, | 15 | | 2002.
| 16 | | (b) Disbursements from this Fund shall be only for the | 17 | | following
purposes:
| 18 | | (1) for the reimbursement of funds received by the | 19 | | Illinois Department
through error or mistake, including | 20 | | the reimbursement of overpaid support payments as required | 21 | | in Section 10-17.10 of this Code,
| 22 | | (2) for payments to non-recipients, current | 23 | | recipients, and former
recipients of financial aid of | 24 | | support payments received on their behalf under
Article X | 25 | | of this Code that are not required to be disbursed by the | 26 | | State
Disbursement Unit established under Section 10.26,
|
| | | HB4905 | - 6 - | LRB101 17732 KTG 67160 b |
|
| 1 | | (3) for any other payments required by law to be paid | 2 | | by the Illinois
Department to non-recipients, current | 3 | | recipients, and former recipients,
| 4 | | (4) for payment of any administrative expenses | 5 | | incurred through fiscal
year 2002 and for payment of any | 6 | | administrative expenses by transfer to the
Child Support | 7 | | Administrative Fund under Section 12-10.2a, including | 8 | | payment to the Health Insurance
Reserve Fund for group | 9 | | insurance costs at the rate certified by the Department
of | 10 | | Central Management Services, except those required to be | 11 | | paid from the
General Revenue Fund, including personal and | 12 | | contractual services, incurred
in performing the Title | 13 | | IV-D activities authorized by Article X of this Code,
| 14 | | (5) for the reimbursement of the Public Assistance | 15 | | Emergency
Revolving Fund for expenditures made from that | 16 | | Fund for payments to former
recipients of public aid for | 17 | | child support made to the Illinois Department when
the | 18 | | former public aid recipient is legally entitled to all or | 19 | | part of the child
support payments, pursuant to the | 20 | | provisions of Title IV-D of the Social
Security Act,
| 21 | | (6) for the payment of incentive amounts owed to
other | 22 | | states or political subdivisions of other states that | 23 | | enforce and
collect an assigned support obligation on | 24 | | behalf of the State of Illinois
pursuant to the provisions | 25 | | of Title IV-D of the Social Security Act,
| 26 | | (7) for the payment of incentive amounts owed to |
| | | HB4905 | - 7 - | LRB101 17732 KTG 67160 b |
|
| 1 | | political
subdivisions of the State of Illinois that | 2 | | enforce and collect an assigned
support obligation on | 3 | | behalf of the State pursuant to the provisions of Title
| 4 | | IV-D of the Social Security Act, and
| 5 | | (8) for payments of any amounts which are reimbursable
| 6 | | to the Federal government which are required to be paid by
| 7 | | State warrant by either the State or Federal government.
| 8 | | Disbursements from this Fund shall be by warrants drawn by | 9 | | the State
Comptroller on receipt of vouchers duly executed and | 10 | | certified by the Illinois
Department or any other State agency | 11 | | that receives an appropriation from the
Fund.
| 12 | | (c) The Illinois Department's child support administrative | 13 | | expenses, as
defined in Section 12-10.2a, that are incurred | 14 | | after fiscal year 2002 shall be
paid only as provided in that | 15 | | Section.
| 16 | | (Source: P.A. 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; | 17 | | 91-712, eff.
7-1-00; 92-44, eff. 7-1-01; 92-570, eff. 6-26-02; | 18 | | 92-651, eff. 7-11-02.)
|
|