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| [ Introduced ] | [ House Amendment 001 ] |
91_HB3054eng HB3054 Engrossed LRB9110039WHcsA 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, if 6 and only if the provisions of House Bill 2773 of the 91st 7 General Assembly that are changed by this amendatory Act of 8 the 91st General Assembly become law, by changing Section 9 10-26 as follows: 10 (305 ILCS 5/10-26) 11 Sec. 10-26. State Disbursement Unit. 12 (a) In accordance with the requirements of federal law, 13Effective October 1, 1999the Illinois Department shall 14 establish a State Disbursement Unit in accordance with the 15 requirements of Title IV-D of the Social Security Act. Not 16 later than April 1, 2000, the Illinois Department shall enter 17 into an agreement with aState or local governmental unit or18privateentity to perform the functions of the State 19 Disbursement Unit as set forth in this Section. The 20 agreement shall include performance standards that must be 21 met by the entity as a condition of payment for the services 22 rendered by the entity and shall also include financial 23 penalties for the entity's nonperformance of required duties. 24 The agreement shall require the entity to work cooperatively 25 with clerks of the circuit court and with employers. This 26 required cooperation shall include the entity's provision of 27 direct, on-site assistance in complying with standards and 28 procedures necessary for the effective processing and 29 disbursement of support payments. 30 The State Disbursement Unit shall collect and disburse 31 support payments made under court and administrative support HB3054 Engrossed -2- LRB9110039WHcsA 1 orders: 2 (1) being enforced in cases in which child and 3 spouse support services are being provided under this 4 Article X; and 5 (2) in all cases in which child and spouse support 6 services are not being provided under this Article X and 7 in which support payments are made under the provisions 8 of the Income Withholding for Support Act. 9 (a-1) The Illinois Department shall terminate any 10 agreement executed by the Illinois Department that provides 11 for the operation of a State Disbursement Unit and that was 12 executed before July 20, 1999 (the effective date of Public 13 Act 91-212). The Illinois Department shall give sufficient 14 notice as required under any such prior agreement so that the 15 prior agreement is terminated not later than the date on 16 which the agreement entered into with a entity under 17 subsection (a) becomes operative. 18 (a-5) If the State Disbursement Unit receives a support 19 payment that was not appropriately made to the Unit under 20 this Section, the Unit shall immediately return the payment 21 to the sender, including, if possible, instructions detailing 22 where to send the support payments. 23 (b) All payments received by the State Disbursement 24 Unit: 25 (1) shall be deposited into an account obtained by 26 the State or local governmental unit orprivateentity, 27 as the case may be, and 28 (2) distributed and disbursed by the State 29 Disbursement Unit, in accordance with the directions of 30 the Illinois Department, pursuant to Title IV-D of the 31 Social Security Act and rules promulgated by the 32 Department. 33 (c) All support payments assigned to the Illinois 34 Department under Article X of this Code and rules promulgated HB3054 Engrossed -3- LRB9110039WHcsA 1 by the Illinois Department that are disbursed to the Illinois 2 Department by the State Disbursement Unit shall be paid into 3 the Child Support Enforcement Trust Fund. 4 (d) If the agreement with theState or local5governmental unit or privateentity provided for in this 6 Section is not in effect for any reason, the Department shall 7 perform the functions of the State Disbursement Unit as set 8 forth in this Section for a maximum of 12 months. 9 (e) By February 1, 2000, the Illinois Department shall 10 conduct at least 4 regional training and educational seminars 11 to educate the clerks of the circuit court on the general 12 operation of the State Disbursement Unit, the role of the 13 State Disbursement Unit, and the role of the clerks of the 14 circuit court in the collection and distribution of child 15 support payments. 16 (f) By March 1, 2000, the Illinois Department shall 17 conduct at least 4 regional educational and training seminars 18 to educate payors, as defined in the Income Withholding for 19 Support Act, on the general operation of the State 20 Disbursement Unit, the role of the State Disbursement Unit, 21 and the distribution of income withholding payments pursuant 22 to this Section and the Income Withholding for Support Act. 23 (Source: 91HB2773 enrolled.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law or on the effective date of House Bill 2773 of 26 the 91st General Assembly, whichever is later.