Full Text of SB0421 99th General Assembly
SB0421 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0421 Introduced 1/28/2015, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: | | |
Amends the Illinois Public Aid Code. Makes a technical change in a Section
concerning the establishment of the State Disbursement Unit.
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| | A BILL FOR |
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| 1 | | AN ACT concerning 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
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. The | 11 | | Illinois Department shall enter into an agreement
with a State | 12 | | or local governmental unit or private entity to perform the
| 13 | | functions of the State Disbursement Unit as set forth in this | 14 | | Section. The
State Disbursement Unit shall collect and disburse | 15 | | support payments made under
court and administrative support | 16 | | orders:
| 17 | | (1) being enforced in cases in which child and spouse | 18 | | support services are
being provided under this Article X; | 19 | | and
| 20 | | (2) in all cases in which child and spouse support | 21 | | services are not being
provided under this Article X and in | 22 | | which support payments are made under the
provisions of the | 23 | | Income Withholding for Support Act.
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| 1 | | (a-2) The contract entered into by the Illinois Department | 2 | | with a
public or
private entity or an individual for the | 3 | | operation of the State
Disbursement
Unit is subject to | 4 | | competitive bidding. In addition, the contract is subject
to | 5 | | Section
10-26.2 of this
Code. As used in this subsection (a-2), | 6 | | "contract" has the same meaning as in
the Illinois
Procurement | 7 | | Code.
| 8 | | (a-5) If the State Disbursement Unit receives a support | 9 | | payment that was
not appropriately made to the Unit under this | 10 | | Section, the Unit shall
immediately return the payment to the | 11 | | sender, including, if possible,
instructions detailing where | 12 | | to send the support payments.
| 13 | | (b) All payments received by the State Disbursement Unit:
| 14 | | (1) shall be deposited into an account obtained by the | 15 | | Illinois
Department, and
| 16 | | (2) distributed and disbursed by the State | 17 | | Disbursement Unit, in
accordance with the directions of the | 18 | | Illinois Department, pursuant to Title
IV-D of the Social | 19 | | Security Act and rules promulgated by the Department.
| 20 | | (c) All support payments assigned to the Illinois | 21 | | Department under Article X
of this Code and rules promulgated | 22 | | by the Illinois Department that are
disbursed to the Illinois | 23 | | Department by the State Disbursement Unit shall be
paid into | 24 | | the Child Support Enforcement Trust Fund.
| 25 | | (d) If the agreement with the State or local governmental | 26 | | unit or private
entity provided for in this Section is not in |
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| 1 | | effect for any reason, the
Department shall perform the | 2 | | functions of the State Disbursement Unit as set
forth in this | 3 | | Section for a maximum of 12 months before July 1, 2001, and for
| 4 | | a
maximum of 24 months after June 30, 2001. If the Illinois | 5 | | Department is
performing the functions of the State | 6 | | Disbursement Unit on July 1, 2001, then
the Illinois Department | 7 | | shall make an award on or before December 31, 2002, to
a State | 8 | | or local government unit or private entity to perform the | 9 | | functions of
the State Disbursement Unit.
Payments received by | 10 | | the Illinois Department in performance of the duties
of the | 11 | | State
Disbursement Unit shall be deposited into the State | 12 | | Disbursement Unit Revolving
Fund established under Section | 13 | | 12-8.1.
Nothing in this Section shall prohibit the Illinois | 14 | | Department from holding
the State Disbursement Unit Revolving | 15 | | Fund after June 30, 2003.
| 16 | | (e) By February 1, 2000, the Illinois Department shall | 17 | | conduct at least 4
regional training and educational seminars | 18 | | to educate the clerks of the circuit
court on the general | 19 | | operation of the State Disbursement Unit, the role of the
State | 20 | | Disbursement Unit, and the role of the clerks of the circuit | 21 | | court in the
collection and distribution of child support | 22 | | payments.
| 23 | | (f) By March 1, 2000, the Illinois Department shall conduct | 24 | | at least 4
regional educational and training seminars to | 25 | | educate payors, as defined
in the Income Withholding for | 26 | | Support Act, on the general operation of the
State Disbursement |
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| 1 | | Unit, the role of the State Disbursement Unit, and the
| 2 | | distribution of income withholding payments pursuant to this | 3 | | Section and the
Income Withholding for Support Act.
| 4 | | (Source: P.A. 92-44, eff. 7-1-01; 93-20, eff. 6-20-03.)
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