(1) From federal fiscal year 2000 through federal fiscal year 2023, one hundred percent of the federal incentives received by the state shall be passed through to the county departments. (2) Beginning in federal fiscal year 2024, and each federal fiscal year thereafter, the decision about whether the state may retain a percentage of the federal incentives the state receives for the purposes of information technology enhancements to the automated child support enforcement system and how to use the retained amount shall be determined in accordance with the rules promulgated pursuant to subsection (3) of this section. The percentage is calculated by determining the increase in incentives received in federal fiscal year 2024 over and above the base amount. The base amount is equal to the average of the incentives received in federal fiscal years 2018 through 2022. Any federal incentives not retained by the state shall be passed through to the county departments. (3) The state board shall promulgate rules: (a) Specifying performance measures in which incentives shall be distributed to the county departments; and (b) Implementing a process by which a statewide association of county human service directors and the state department determine whether to retain a percentage of the federal incentives and determine how the incentives are invested. (4) A county department to which a payment is made pursuant to this section shall expend the full amount of the payment to supplement, and not supplant, other funds used by the county department for any of the following purposes: (a) To carry out the approved state plan; or (b) For any activity, including cost-effective contracts, approved by the state division of child support enforcement, whether or not the expenditures for the activity are eligible for federal reimbursement, that may contribute to improving the effectiveness or efficiency of the child support program. (5) If federal incentives paid to any county department are greater than the county department's share of child support administrative costs, then that county department shall demonstrate how the federal incentive money is expended and contributes to the program as defined in subsection (4)(b) of this section. (6) All federal and state incentives paid to county departments pursuant to section 26-13- 108 shall be divided and distributed to the county departments according to the distribution formula as promulgated in state rule by the state board. (7) The state department shall pay incentives to county departments on a quarterly basis. (8) Beginning July 1, 2025, and each year thereafter, the state department shall report on each project funded by the federal incentive money the state retained pursuant to subsection (2) of this section to the joint technology committee of the general assembly.
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