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92nd General Assembly

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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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