State of Illinois
92nd General Assembly
Legislation

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[ Senate Amendment 001 ]


92_SB1033eng

 
SB1033 Engrossed                               LRB9208151DJgc

 1        AN ACT in relation to support.

 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-5)  If  the State Disbursement Unit receives a support
25    payment that was not appropriately made  to  the  Unit  under
26    this  Section,  the Unit shall immediately return the payment
27    to the sender, including, if possible, instructions detailing
28    where to send the support payments.
29        (b)  All payments  received  by  the  State  Disbursement
30    Unit:
31             (1)  shall  be deposited into an account obtained by
 
SB1033 Engrossed            -2-                LRB9208151DJgc
 1        the State or local  governmental unit or private  entity,
 2        as the case may be, and
 3             (2)  distributed   and   disbursed   by   the  State
 4        Disbursement Unit, in accordance with the  directions  of
 5        the  Illinois  Department,  pursuant to Title IV-D of the
 6        Social  Security  Act  and  rules  promulgated   by   the
 7        Department.
 8        (c)  All   support  payments  assigned  to  the  Illinois
 9    Department under Article X of this Code and rules promulgated
10    by the Illinois Department that are disbursed to the Illinois
11    Department by the State Disbursement Unit shall be paid  into
12    the Child Support Enforcement Trust Fund.
13        (d)  If   the   agreement   with   the   State  or  local
14    governmental unit or private  entity  provided  for  in  this
15    Section is not in effect for any reason, the Department shall
16    perform  the  functions of the State Disbursement Unit as set
17    forth in this Section for a maximum of 12 months.    Payments
18    received  by  the  Department in performance of the duties of
19    the State Disbursement Unit shall be deposited into the State
20    Disbursement Unit Revolving Fund  established  under  Section
21    12-8.1.
22        (e)  By  February  1, 2000, the Illinois Department shall
23    conduct at least 4 regional training and educational seminars
24    to educate the clerks of the circuit  court  on  the  general
25    operation  of  the  State  Disbursement Unit, the role of the
26    State Disbursement Unit, and the role of the  clerks  of  the
27    circuit  court  in  the  collection and distribution of child
28    support payments.
29        (f)  By March 1,  2000,  the  Illinois  Department  shall
30    conduct at least 4 regional educational and training seminars
31    to  educate  payors, as defined in the Income Withholding for
32    Support  Act,  on  the  general  operation   of   the   State
33    Disbursement  Unit,  the role of the State Disbursement Unit,
34    and the distribution of income withholding payments  pursuant
 
SB1033 Engrossed            -3-                LRB9208151DJgc
 1    to this Section and the Income Withholding for Support Act.
 2        (g)  With respect to any person who received an emergency
 3    payment  of support from the State Disbursement Unit pursuant
 4    to the direction of the  Governor,  the  Illinois  Department
 5    must  ask  the person to repay the amount of the check to the
 6    Illinois Department.
 7    (Source: P.A. 91-212,  eff.  7-20-99;  91-677,  eff.  1-5-00;
 8    91-712, eff. 7-1-00.)

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