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92_HB5079eng HB5079 Engrossed 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 HB5079 Engrossed -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. HB5079 Engrossed -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.)