093_SB1548ham003

 










                                     LRB093 09578 LCB 16978 a

 1                    AMENDMENT TO SENATE BILL 1548

 2        AMENDMENT NO.     .  Amend Senate Bill 1548, by replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 09578 LCB 16978 a
 1        of the Income Withholding for Support Act.
 2        (a-2)  The  contract  entered  into   by   the   Illinois
 3    Department  with  a public or private entity or an individual
 4    for the operation of the State Disbursement Unit  is  subject
 5    to competitive bidding.  In addition, the contract is subject
 6    to  Section 10-26.2 of this Code.  As used in this subsection
 7    (a-2), "contract" has the same meaning  as  in  the  Illinois
 8    Procurement Code.
 9        (a-5)  If  the State Disbursement Unit receives a support
10    payment that was not appropriately made  to  the  Unit  under
11    this  Section,  the Unit shall immediately return the payment
12    to the sender, including, if possible, instructions detailing
13    where to send the support payments.
14        (b)  All payments  received  by  the  State  Disbursement
15    Unit:
16             (1)  shall  be deposited into an account obtained by
17        the Illinois Department  the State or local  governmental
18        unit or private entity, as the case may be, and
19             (2)  distributed   and   disbursed   by   the  State
20        Disbursement Unit, in accordance with the  directions  of
21        the  Illinois  Department,  pursuant to Title IV-D of the
22        Social  Security  Act  and  rules  promulgated   by   the
23        Department.
24        (c)  All   support  payments  assigned  to  the  Illinois
25    Department under Article X of this Code and rules promulgated
26    by the Illinois Department that are disbursed to the Illinois
27    Department by the State Disbursement Unit shall be paid  into
28    the Child Support Enforcement Trust Fund.
29        (d)  If   the   agreement   with   the   State  or  local
30    governmental unit or private  entity  provided  for  in  this
31    Section is not in effect for any reason, the Department shall
32    perform  the  functions of the State Disbursement Unit as set
33    forth in this Section for a maximum of 12 months before  July
34    1,  2001, and for a maximum of 24 months after June 30, 2001.
 
                            -3-      LRB093 09578 LCB 16978 a
 1    If the Illinois Department is performing the functions of the
 2    State Disbursement Unit on July 1, 2001,  then  the  Illinois
 3    Department  shall  make  an  award  on or before December 31,
 4    2002, to a State or local government unit or  private  entity
 5    to  perform  the  functions  of  the State Disbursement Unit.
 6    Payments received by the Illinois Department  in  performance
 7    of  the  duties  of  the  State  Disbursement  Unit  shall be
 8    deposited into the State  Disbursement  Unit  Revolving  Fund
 9    established  under  Section  12-8.1.  Nothing in this Section
10    shall prohibit the Illinois Department from holding the State
11    Disbursement Unit Revolving Fund after June 30, 2003.
12        (e)  By February 1, 2000, the Illinois  Department  shall
13    conduct at least 4 regional training and educational seminars
14    to  educate  the  clerks  of the circuit court on the general
15    operation of the State Disbursement Unit,  the  role  of  the
16    State  Disbursement  Unit,  and the role of the clerks of the
17    circuit court in the collection  and  distribution  of  child
18    support payments.
19        (f)  By  March  1,  2000,  the  Illinois Department shall
20    conduct at least 4 regional educational and training seminars
21    to educate payors, as defined in the Income  Withholding  for
22    Support   Act,   on   the  general  operation  of  the  State
23    Disbursement Unit, the role of the State  Disbursement  Unit,
24    and  the distribution of income withholding payments pursuant
25    to this Section and the Income Withholding for Support Act.
26    (Source: P.A. 91-212,  eff.  7-20-99;  91-677,  eff.  1-5-00;
27    91-712, eff. 7-1-00; 92-44, eff. 7-1-01.)

28        (305 ILCS 5/12-8.1)
29        Sec. 12-8.1.  State Disbursement Unit Revolving Fund.
30        (a)  There is created a revolving fund to be known as the
31    State  Disbursement  Unit  Revolving  Fund, to be held by the
32    Director  of  the  Illinois  Department,  outside  the  State
33    treasury, for the following purposes:
 
                            -4-      LRB093 09578 LCB 16978 a
 1             (1)  the deposit of all support payments received by
 2        the Illinois Department's State Disbursement Unit;
 3             (2)  the deposit of other funds including,  but  not
 4        limited  to,  transfers  of  funds  from  other  accounts
 5        attributable to support payments received by the Illinois
 6        Department's State Disbursement Unit;
 7             (3)  the  deposit  of  any  interest  accrued by the
 8        revolving fund, which interest  shall  be  available  for
 9        payment  of  (i)  any amounts considered to be Title IV-D
10        program income that must be paid to the  U.S.  Department
11        of  Health  and  Human  Services  and  (ii)  any  balance
12        remaining  after  payments  made  under  item (i) of this
13        subsection (3) to the General Revenue Fund; however,  the
14        disbursements  under  this subdivision (3) may not exceed
15        the amount of the interest accrued by the revolving fund;
16             (4)  the disbursement of such payments  to  obligees
17        or  to  the  assignees of the obligees in accordance with
18        the provisions of Title IV-D of the Social  Security  Act
19        and  rules  promulgated  by the Department, provided that
20        such disbursement is based upon a payment by a  payor  or
21        obligor  deposited into the revolving fund established by
22        this Section; and
23             (5)  the disbursement of funds to payors or obligors
24        to   correct   erroneous   payments   to   the   Illinois
25        Department's State Disbursement Unit, in an amount not to
26        exceed the erroneous payments.
27        (b)  (Blank). The provisions of this Section shall  apply
28    only if the Department performs the functions of the Illinois
29    Department's  State  Disbursement Unit under paragraph (d) of
30    Section 10-26.
31    (Source: P.A. 91-712, eff. 7-1-00; 92-44, eff. 7-1-01.)".