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91_HB3202
LRB9110288DJcd
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) Effective October 1, 1999 the Illinois Department
13 shall establish a State Disbursement Unit in accordance with
14 the requirements of Title IV-D of the Social Security Act.
15 The Illinois Department shall enter into an agreement with a
16 State or local governmental unit or private entity to perform
17 the functions of the State Disbursement Unit as set forth in
18 this Section.
19 The State Disbursement Unit shall collect and disburse
20 support payments made under court and administrative support
21 orders:
22 (1) being enforced in cases in which child and
23 spouse support services are being provided under this
24 Article X; and
25 (2) in all cases in which child and spouse support
26 services are not being provided under this Article X and
27 in which support payments are made under the provisions
28 of the Income Withholding for Support Act.
29 (a-5) If the State Disbursement Unit receives a support
30 payment that was not appropriately made to the Unit under
31 this Section, the Unit shall immediately return the payment
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1 to the sender, including, if possible, instructions detailing
2 where to send the support payments.
3 (b) The Illinois Department shall establish an
4 electronic funds transfer system that links the State
5 Disbursement Unit and the office of the clerk of the circuit
6 court in each county in this State. The clerk of the circuit
7 court in each county shall establish an account to receive
8 electronic transfers of funds pursuant to this subsection.
9 Upon receiving a support payment from a payor or obligor
10 as defined in the Income Withholding for Support Act, the
11 State Disbursement Unit shall disburse the payment, by
12 electronic funds transfer, to the appropriate clerk of the
13 circuit court. Upon receiving from the State Disbursement
14 Unit an electronic transfer of funds representing a support
15 payment, the clerk of the circuit court shall disburse the
16 amount of the payment to the party entitled to the payment.
17 All payments received by the State Disbursement Unit:
18 (1) shall be deposited into an account obtained by
19 the State or local governmental unit or private entity,
20 as the case may be, and
21 (2) distributed and disbursed by the State
22 Disbursement Unit, in accordance with the directions of
23 the Illinois Department, pursuant to Title IV-D of the
24 Social Security Act and rules promulgated by the
25 Department.
26 (c) All support payments assigned to the Illinois
27 Department under Article X of this Code and rules promulgated
28 by the Illinois Department that are disbursed to the Illinois
29 Department by the State Disbursement Unit shall be paid into
30 the Child Support Enforcement Trust Fund.
31 (d) If the agreement with the State or local
32 governmental unit or private entity provided for in this
33 Section is not in effect for any reason, the Department shall
34 perform the functions of the State Disbursement Unit as set
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1 forth in this Section for a maximum of 12 months.
2 (e) By February 1, 2000, the Illinois Department shall
3 conduct at least 4 regional training and educational seminars
4 to educate the clerks of the circuit court on the general
5 operation of the State Disbursement Unit, the role of the
6 State Disbursement Unit, and the role of the clerks of the
7 circuit court in the collection and distribution of child
8 support payments. To ensure that the changes made by this
9 amendatory Act of the 91st General Assembly are understood by
10 both the clerks of the circuit court and the staff of the
11 State Disbursement Unit, before implementing those changes,
12 the Illinois Department shall conduct an updated version of
13 each of these seminars that takes those changes into account.
14 (f) By March 1, 2000, the Illinois Department shall
15 conduct at least 4 regional educational and training seminars
16 to educate payors, as defined in the Income Withholding for
17 Support Act, on the general operation of the State
18 Disbursement Unit, the role of the State Disbursement Unit,
19 and the distribution of income withholding payments pursuant
20 to this Section and the Income Withholding for Support Act.
21 (g) The Illinois Department shall apply for all waivers
22 of federal law and regulations necessary to implement the
23 changes made by this amendatory Act of the 91st General
24 Assembly, and implementation of those changes is contingent
25 on the Illinois Department's receipt of those waivers. The
26 Illinois Department shall immediately begin taking the steps
27 necessary to apply for those waivers, including by preparing
28 any necessary cost analyses. The Illinois Department shall
29 report to the General Assembly by March 1, 2000 concerning
30 the status of its implementation of this subsection.
31 (Source: 91HB2773 enrolled.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law or on the effective date of House Bill 2773 of
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1 the 91st General Assembly, whichever is later.