[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ House Amendment 001 ] |
91_HB3054
LRB9110039WHcsA
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 10-26.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended, if
6 and only if the provisions of House Bill 2773 of the 91st
7 General Assembly that are changed by this amendatory Act of
8 the 91st General Assembly become law, by changing Section
9 10-26 as follows:
10 (305 ILCS 5/10-26)
11 Sec. 10-26. State Disbursement Unit.
12 (a) In accordance with the requirements of federal law,
13 Effective October 1, 1999 the Illinois Department shall
14 establish a State Disbursement Unit in accordance with the
15 requirements of Title IV-D of the Social Security Act. Not
16 later than April 1, 2000, the Illinois Department shall enter
17 into an agreement with a State or local governmental unit or
18 private entity to perform the functions of the State
19 Disbursement Unit as set forth in this Section. The
20 agreement shall include performance standards that must be
21 met by the private entity as a condition of payment for the
22 services rendered by the private entity and shall also
23 include financial penalties for the private entity's
24 nonperformance of required duties. The agreement shall
25 require the private entity to work cooperatively with clerks
26 of the circuit court and with employers. This required
27 cooperation shall include the private entity's provision of
28 direct, on-site assistance in complying with standards and
29 procedures necessary for the effective processing and
30 disbursement of support payments.
31 The State Disbursement Unit shall collect and disburse
-2- LRB9110039WHcsA
1 support payments made under court and administrative support
2 orders:
3 (1) being enforced in cases in which child and
4 spouse support services are being provided under this
5 Article X; and
6 (2) in all cases in which child and spouse support
7 services are not being provided under this Article X and
8 in which support payments are made under the provisions
9 of the Income Withholding for Support Act.
10 (a-1) The Illinois Department shall terminate any
11 agreement executed by the Illinois Department that provides
12 for the operation of a State Disbursement Unit and that was
13 executed before July 20, 1999 (the effective date of Public
14 Act 91-212). The Illinois Department shall give sufficient
15 notice as required under any such prior agreement so that the
16 prior agreement is terminated not later than the date on
17 which the agreement entered into with a private entity under
18 subsection (a) becomes operative.
19 (a-5) If the State Disbursement Unit receives a support
20 payment that was not appropriately made to the Unit under
21 this Section, the Unit shall immediately return the payment
22 to the sender, including, if possible, instructions detailing
23 where to send the support payments.
24 (b) All payments received by the State Disbursement
25 Unit:
26 (1) shall be deposited into an account obtained by
27 the State or local governmental unit or private entity,
28 as the case may be, and
29 (2) distributed and disbursed by the State
30 Disbursement Unit, in accordance with the directions of
31 the Illinois Department, pursuant to Title IV-D of the
32 Social Security Act and rules promulgated by the
33 Department.
34 (c) All support payments assigned to the Illinois
-3- LRB9110039WHcsA
1 Department under Article X of this Code and rules promulgated
2 by the Illinois Department that are disbursed to the Illinois
3 Department by the State Disbursement Unit shall be paid into
4 the Child Support Enforcement Trust Fund.
5 (d) If the agreement with the State or local
6 governmental unit or private entity provided for in this
7 Section is not in effect for any reason, the Department shall
8 perform the functions of the State Disbursement Unit as set
9 forth in this Section for a maximum of 12 months.
10 (e) By February 1, 2000, the Illinois Department shall
11 conduct at least 4 regional training and educational seminars
12 to educate the clerks of the circuit court on the general
13 operation of the State Disbursement Unit, the role of the
14 State Disbursement Unit, and the role of the clerks of the
15 circuit court in the collection and distribution of child
16 support payments.
17 (f) By March 1, 2000, the Illinois Department shall
18 conduct at least 4 regional educational and training seminars
19 to educate payors, as defined in the Income Withholding for
20 Support Act, on the general operation of the State
21 Disbursement Unit, the role of the State Disbursement Unit,
22 and the distribution of income withholding payments pursuant
23 to this Section and the Income Withholding for Support Act.
24 (Source: 91HB2773 enrolled.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law or on the effective date of House Bill 2773 of
27 the 91st General Assembly, whichever is later.