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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 12-10.2 and by adding Section 10-17.10 as
6follows:
 
7    (305 ILCS 5/10-17.10 new)
8    Sec. 10-17.10. Refund of overpayment in support. If in any
9case an error is made in a court, administrative, or
10reimbursement order issued under this Article that results in
11an overpayment of support by a responsible relative, the
12Department shall identify the error and refund the overpaid
13amount out of the Child Support Enforcement Trust Fund in a
14timely 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
18the State Treasurer as ex-officio custodian outside the State
19Treasury, pursuant to the Child Support Enforcement Program
20established by Title IV-D of the Social Security Act, shall
21consist of the following, through June 30, 2002:
22        (1) all support payments assigned to the Illinois

 

 

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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

 

 

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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
18Enforcement 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

 

 

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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;

 

 

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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
17following 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,

 

 

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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

 

 

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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
9the State Comptroller on receipt of vouchers duly executed and
10certified by the Illinois Department or any other State agency
11that receives an appropriation from the Fund.
12    (c) The Illinois Department's child support administrative
13expenses, as defined in Section 12-10.2a, that are incurred
14after fiscal year 2002 shall be paid only as provided in that
15Section.
16(Source: P.A. 91-212, eff. 7-20-99; 91-400, eff. 7-30-99;
1791-712, eff. 7-1-00; 92-44, eff. 7-1-01; 92-570, eff. 6-26-02;
1892-651, eff. 7-11-02.)