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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.
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