State of Illinois
92nd General Assembly
Legislation

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92_HB5079

 
                                               LRB9212154DJcs

 1        AN ACT in relation to public aid.

 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.
 8        (a)  Effective  October  1,  1999 the Illinois Department
 9    shall establish a State Disbursement Unit in accordance  with
10    the requirements of Title IV-D of the federal Social Security
11    Act.   The  Illinois Department shall enter into an agreement
12    with a State or local governmental unit or private entity  to
13    perform  the  functions of the State Disbursement Unit as set
14    forth in this Section.  The  State  Disbursement  Unit  shall
15    collect  and  disburse  support payments made under court and
16    administrative support orders:
17             (1)  being enforced in  cases  in  which  child  and
18        spouse  support  services  are  being provided under this
19        Article X; and
20             (2)  in all cases in which child and spouse  support
21        services  are not being provided under this Article X and
22        in which support payments are made under  the  provisions
23        of the Income Withholding for Support Act.
24        (a-2)  The   contract   entered   into  by  the  Illinois
25    Department with a public or private entity or  an  individual
26    for  the  operation of the State Disbursement Unit is subject
27    to competitive bidding.  In addition, the contract is subject
28    to Section 10-26.2 of this Code.  As used in this  subsection
29    (a-2),  "contract"  has  the  same meaning as in the Illinois
30    Procurement Code.
31        (a-5)  If the State Disbursement Unit receives a  support
 
                            -2-                LRB9212154DJcs
 1    payment  that  was  not  appropriately made to the Unit under
 2    this Section, the Unit shall immediately return  the  payment
 3    to the sender, including, if possible, instructions detailing
 4    where to send the support payments.
 5        (b)  All  payments  received  by  the  State Disbursement
 6    Unit:
 7             (1)  shall be deposited into an account obtained  by
 8        the  State or local  governmental unit or private entity,
 9        as the case may be, and
10             (2)  distributed  and   disbursed   by   the   State
11        Disbursement  Unit,  in accordance with the directions of
12        the Illinois Department, pursuant to Title  IV-D  of  the
13        Social   Security   Act  and  rules  promulgated  by  the
14        Department.
15        (c)  All  support  payments  assigned  to  the   Illinois
16    Department under Article X of this Code and rules promulgated
17    by the Illinois Department that are disbursed to the Illinois
18    Department  by the State Disbursement Unit shall be paid into
19    the Child Support Enforcement Trust Fund.
20        (d)  If  the  agreement   with   the   State   or   local
21    governmental  unit  or  private  entity  provided for in this
22    Section is not in effect for any reason, the Department shall
23    perform the functions of the State Disbursement Unit  as  set
24    forth  in this Section for a maximum of 12 months before July
25    1, 2001, and for a maximum of 24 months after June 30,  2001.
26    If the Illinois Department is performing the functions of the
27    State  Disbursement  Unit  on July 1, 2001, then the Illinois
28    Department shall make an award  on  or  before  December  31,
29    2002,  to  a State or local government unit or private entity
30    to perform the functions  of  the  State  Disbursement  Unit.
31    Payments  received  by  the  Department in performance of the
32    duties of the State Disbursement Unit shall be deposited into
33    the State Disbursement Unit Revolving Fund established  under
34    Section 12-8.1.
 
                            -3-                LRB9212154DJcs
 1        (e)  By  February  1, 2000, the Illinois Department shall
 2    conduct at least 4 regional training and educational seminars
 3    to educate the clerks of the circuit  court  on  the  general
 4    operation  of  the  State  Disbursement Unit, the role of the
 5    State Disbursement Unit, and the role of the  clerks  of  the
 6    circuit  court  in  the  collection and distribution of child
 7    support payments.
 8        (f)  By March 1,  2000,  the  Illinois  Department  shall
 9    conduct at least 4 regional educational and training seminars
10    to  educate  payors, as defined in the Income Withholding for
11    Support  Act,  on  the  general  operation   of   the   State
12    Disbursement  Unit,  the role of the State Disbursement Unit,
13    and the distribution of income withholding payments  pursuant
14    to this Section and the Income Withholding for Support Act.
15    (Source:  P.A.  91-212,  eff.  7-20-99;  91-677, eff. 1-5-00;
16    91-712, eff. 7-1-00; 92-44, eff. 7-1-01.)

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