State of Illinois
91st General Assembly
Legislation

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91_SB1340eng

 
SB1340 Engrossed                               LRB9110734DJcd

 1        AN ACT in relation to child support.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois Public Aid Code is amended by
 5    changing Section 10-26 as follows:

 6        (305 ILCS 5/10-26)
 7        Sec. 10-26. State Disbursement  Unit;  establishment  and
 8    operation.
 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 State Disbursement Unit shall collect  and
16    disburse support payments made under court and administrative
17    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 child and spouse support
22        services are not being provided under this Article X  and
23        in  which  support payments are made under the provisions
24        of the Income Withholding for Support Act.
25        (a-5)  If the State Disbursement Unit receives a  support
26    payment  that  was  not  appropriately made to the Unit under
27    this Section, the Unit shall immediately return  the  payment
28    to the sender, including, if possible, instructions detailing
29    where to send the support payments.
30        (b)  All  payments  received  by  the  State Disbursement
31    Unit:
 
SB1340 Engrossed            -2-                LRB9110734DJcd
 1             (1)  shall be deposited into an account obtained  by
 2        the  State or local  governmental unit or private entity,
 3        as the case may be, and
 4             (2)  distributed  and   disbursed   by   the   State
 5        Disbursement  Unit,  in accordance with the directions of
 6        the Illinois Department, pursuant to Title  IV-D  of  the
 7        Social   Security   Act  and  rules  promulgated  by  the
 8        Department.
 9        (c)  All  support  payments  assigned  to  the   Illinois
10    Department under Article X of this Code and rules promulgated
11    by the Illinois Department that are disbursed to the Illinois
12    Department  by the State Disbursement Unit shall be paid into
13    the Child Support Enforcement Trust Fund.
14        (d)  If  the  agreement   with   the   State   or   local
15    governmental  unit  or  private  entity  provided for in this
16    Section is not in effect for any reason, the Department shall
17    perform the functions of the State Disbursement Unit  as  set
18    forth in this Section for a maximum of 12 months.
19        (e)  By  February  1, 2000, the Illinois Department shall
20    conduct at least 4 regional training and educational seminars
21    to educate the clerks of the circuit  court  on  the  general
22    operation  of  the  State  Disbursement Unit, the role of the
23    State Disbursement Unit, and the role of the  clerks  of  the
24    circuit  court  in  the  collection and distribution of child
25    support payments.
26        (f)  By March 1,  2000,  the  Illinois  Department  shall
27    conduct at least 4 regional educational and training seminars
28    to  educate  payors, as defined in the Income Withholding for
29    Support  Act,  on  the  general  operation   of   the   State
30    Disbursement  Unit,  the role of the State Disbursement Unit,
31    and the distribution of income withholding payments  pursuant
32    to this Section and the Income Withholding for Support Act.
33    (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)

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