093_HB3668eng

 
HB3668 Engrossed                     LRB093 10772 DRJ 11183 b

 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 Sections 10-26 and 12-8.1 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 Social Security Act.
11    The Illinois Department shall enter into an agreement with  a
12    State or local governmental unit or private entity to perform
13    the  functions of the State Disbursement Unit as set forth in
14    this Section.  The State Disbursement Unit shall collect  and
15    disburse support payments made under court and administrative
16    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
 
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 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  Illinois  Department   or   the   State   or   local
 9        governmental  unit or private entity, as the case may be,
10        and
11             (2)  distributed  and   disbursed   by   the   State
12        Disbursement  Unit,  in accordance with the directions of
13        the Illinois Department, pursuant to Title  IV-D  of  the
14        Social   Security   Act  and  rules  promulgated  by  the
15        Department.
16        (c)  All  support  payments  assigned  to  the   Illinois
17    Department under Article X of this Code and rules promulgated
18    by the Illinois Department that are disbursed to the Illinois
19    Department  by the State Disbursement Unit shall be paid into
20    the Child Support Enforcement Trust Fund.
21        (d)  If  the  agreement   with   the   State   or   local
22    governmental  unit  or  private  entity  provided for in this
23    Section is not in effect for any reason, the Department shall
24    perform the functions of the State Disbursement Unit  as  set
25    forth  in this Section for a maximum of 12 months before July
26    1, 2001, and for a maximum of 24 months after June 30,  2001.
27    If the Illinois Department is performing the functions of the
28    State  Disbursement  Unit  on July 1, 2001, then the Illinois
29    Department shall make an award  on  or  before  December  31,
30    2002,  to  a State or local government unit or private entity
31    to perform the functions  of  the  State  Disbursement  Unit.
32    Payments  received  by the Illinois Department in performance
33    of the  duties  of  the  State  Disbursement  Unit  shall  be
34    deposited  into  the  State  Disbursement Unit Revolving Fund
 
HB3668 Engrossed            -3-      LRB093 10772 DRJ 11183 b
 1    established under Section 12-8.1.  Nothing  in  this  Section
 2    shall prohibit the Illinois Department from holding the State
 3    Disbursement Unit Revolving Fund after June 30, 2003.
 4        (e)  By  February  1, 2000, the Illinois Department shall
 5    conduct at least 4 regional training and educational seminars
 6    to educate the clerks of the circuit  court  on  the  general
 7    operation  of  the  State  Disbursement Unit, the role of the
 8    State Disbursement Unit, and the role of the  clerks  of  the
 9    circuit  court  in  the  collection and distribution of child
10    support payments.
11        (f)  By March 1,  2000,  the  Illinois  Department  shall
12    conduct at least 4 regional educational and training seminars
13    to  educate  payors, as defined in the Income Withholding for
14    Support  Act,  on  the  general  operation   of   the   State
15    Disbursement  Unit,  the role of the State Disbursement Unit,
16    and the distribution of income withholding payments  pursuant
17    to this Section and the Income Withholding for Support Act.
18    (Source:  P.A.  91-212,  eff.  7-20-99;  91-677, eff. 1-5-00;
19    91-712, eff. 7-1-00; 92-44, eff. 7-1-01.)

20        (305 ILCS 5/12-8.1)
21        Sec. 12-8.1.  State Disbursement Unit Revolving Fund.
22        (a)  There is created a revolving fund to be known as the
23    State Disbursement Unit Revolving Fund, to  be  held  by  the
24    Director  of  the  Illinois  Department,  outside  the  State
25    treasury, for the following purposes:
26             (1)  the deposit of all support payments received by
27        the Illinois Department's State Disbursement Unit;
28             (2)  the  deposit  of other funds including, but not
29        limited  to,  transfers  of  funds  from  other  accounts
30        attributable to support payments received by the Illinois
31        Department's State Disbursement Unit;
32             (3)  the deposit of  any  interest  accrued  by  the
33        revolving  fund,  which  interest  shall be available for
 
HB3668 Engrossed            -4-      LRB093 10772 DRJ 11183 b
 1        payment of (i) any amounts considered to  be  Title  IV-D
 2        program  income  that must be paid to the U.S. Department
 3        of  Health  and  Human  Services  and  (ii)  any  balance
 4        remaining after payments made  under  item  (i)  of  this
 5        subsection  (3) to the General Revenue Fund; however, the
 6        disbursements under this subdivision (3) may  not  exceed
 7        the amount of the interest accrued by the revolving fund;
 8             (4)  the  disbursement  of such payments to obligees
 9        or to the assignees of the obligees  in  accordance  with
10        the  provisions  of Title IV-D of the Social Security Act
11        and rules promulgated by the  Department,  provided  that
12        such  disbursement  is based upon a payment by a payor or
13        obligor deposited into the revolving fund established  by
14        this Section; and
15             (5)  the disbursement of funds to payors or obligors
16        to   correct   erroneous   payments   to   the   Illinois
17        Department's State Disbursement Unit, in an amount not to
18        exceed the erroneous payments.
19        (b)  (Blank).  The provisions of this Section shall apply
20    only if the Department performs the functions of the Illinois
21    Department's State Disbursement Unit under paragraph  (d)  of
22    Section 10-26.
23    (Source: P.A. 91-712, eff. 7-1-00; 92-44, eff. 7-1-01.)

24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.