State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0400

SB1067 Enrolled                                LRB9102036SMdv

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

    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 Section 12-10.2 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,
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  (1)  all support payments
received by the  Illinois  Department  under  Sections  10-8,
10-10,  10-16 and 10-19 that are required by such Sections to
be paid into the Child Support Enforcement  Trust  Fund,  and
(2)  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   (3)   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,
and  (4)  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, and (5) 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 (6) all amounts appropriated
by the General Assembly for deposit into the  Fund,  and  (7)
any  gifts,  grants,  donations,  or awards from individuals,
private businesses, nonprofit associations, and  governmental
entities.
    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,
and (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,
pursuant  to  the  provisions  of  Title  IV-D  of the Social
Security Act and rules promulgated by the Department, and (3)
for payment of any 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 in performing the  Title  IV-D  activities
authorized  by  Article  X  of  this  Code,  and  (4) 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, and (5) 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, and (6)
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 (7) 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.
(Source:  P.A.  89-21,  eff.  7-1-95;  89-499,  eff. 6-28-96;
90-18, eff. 7-1-97; 90-587, eff. 6-4-98.)

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

[ Top ]