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91_HB2922
LRB9109271DJcd
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 10-26.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Section 10-26 as follows:
7 (305 ILCS 5/10-26)
8 Sec. 10-26. State Disbursement Unit.
9 (a) Effective October 1, 1999 the Illinois Department
10 shall establish a State Disbursement Unit in accordance with
11 the requirements of Title IV-D of the Social Security Act.
12 The Illinois Department shall enter into an agreement with a
13 State or local governmental unit or private entity to perform
14 the functions of the State Disbursement Unit as set forth in
15 this Section. The purpose of the State Disbursement Unit
16 shall be to collect and disburse support payments made under
17 court and administrative support orders:
18 (1) being enforced in cases in which child and
19 spouse support services are being provided under this
20 Article X; and
21 (2) in all cases in which the order for support was
22 entered after January 1, 1994, child and spouse support
23 services are not being provided under this Article X, and
24 in which support payments are made under the provisions
25 of the Income Withholding for Support Act.
26 (b) All payments received by the State Disbursement
27 Unit:
28 (1) shall be deposited into an account obtained by
29 the State or local governmental unit or private entity,
30 as the case may be, and
31 (2) distributed and disbursed by the State
-2- LRB9109271DJcd
1 Disbursement Unit, in accordance with the directions of
2 the Illinois Department, pursuant to Title IV-D of the
3 Social Security Act and rules promulgated by the
4 Department.
5 (c) All support payments assigned to the Illinois
6 Department under Article X of this Code and rules promulgated
7 by the Illinois Department that are disbursed to the Illinois
8 Department by the State Disbursement Unit shall be paid into
9 the Child Support Enforcement Trust Fund.
10 (d) If the agreement with the State or local
11 governmental unit or private entity provided for in this
12 Section is not in effect for any reason, the Department shall
13 perform the functions of the State Disbursement Unit as set
14 forth in this Section for a maximum of 12 months.
15 (e) Notwithstanding any other provision of this Section,
16 the Illinois Department shall immediately suspend the
17 statewide operation of the State Disbursement Unit until
18 April 30, 2000, subject to reinstatement on a
19 county-by-county basis as provided in subsection (f). The
20 Governor may extend the period of the suspension for good
21 cause. Good cause includes a failure by the clerk of the
22 circuit court of any county to make a certification to the
23 Illinois Department under subsection (f).
24 (f) Upon certification by the clerk of the circuit court
25 of a county that the State Disbursement Unit is able to
26 disburse support payments, within one business day after the
27 State Disbursement Unit receives the payments, to persons in
28 the county who are entitled to the payments, the Illinois
29 Department shall reinstate the operation of the State
30 Disbursement Unit with respect to the collection and
31 disbursement of support payments for that county. The clerk
32 shall make the certification based on criteria established by
33 the Governor. The Governor shall establish the criteria
34 within 2 weeks after the effective date of this amendatory
-3- LRB9109271DJcd
1 Act of the 91st General Assembly. The criteria must include
2 criteria by which the State Disbursement Unit may demonstrate
3 its ability to disburse support payments, within one business
4 day after it receives the payments, to persons who are
5 entitled to the payments.
6 (Source: P.A. 91-212, eff. 7-20-99.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.