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92_SB0163eng SB163 Engrossed LRB9203648DJtm 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 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 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 SB163 Engrossed -2- LRB9203648DJtm 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 before July 18 1, 2001, and for a maximum of 24 months after June 30, 2001. 19 If the Illinois Department is performing the functions of the 20 State Disbursement Unit on July 1, 2001, then the Illinois 21 Department shall make an award on or before December 31, 22 2002, to a State or local government unit or private entity 23 to perform the functions of the State Disbursement Unit. 24 Payments received by the Department in performance of the 25 duties of the State Disbursement Unit shall be deposited into 26 the State Disbursement Unit Revolving Fund established under 27 Section 12-8.1. 28 (e) By February 1, 2000, the Illinois Department shall 29 conduct at least 4 regional training and educational seminars 30 to educate the clerks of the circuit court on the general 31 operation of the State Disbursement Unit, the role of the 32 State Disbursement Unit, and the role of the clerks of the 33 circuit court in the collection and distribution of child 34 support payments. SB163 Engrossed -3- LRB9203648DJtm 1 (f) By March 1, 2000, the Illinois Department shall 2 conduct at least 4 regional educational and training seminars 3 to educate payors, as defined in the Income Withholding for 4 Support Act, on the general operation of the State 5 Disbursement Unit, the role of the State Disbursement Unit, 6 and the distribution of income withholding payments pursuant 7 to this Section and the Income Withholding for Support Act. 8 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00; 9 91-712, eff. 7-1-00.) 10 (305 ILCS 5/12-8.1) 11 Sec. 12-8.1. State Disbursement Unit Revolving Fund. 12 (a) There is created a revolving fund to be known as the 13 State Disbursement Unit Revolving Fund, to be held by the 14 Director of the Illinois Department, outside the State 15 treasuryState Treasurer as ex officio custodian, for the 16 following purposes: 17 (1) the deposit of all support payments received by 18 the Illinois Department's State Disbursement Unit;and19 (2) the deposit of other funds including, but not 20 limited to, transfers of funds from other accounts 21 attributable to support payments received by the Illinois 22 Department's State Disbursement Unit; 23 (3) the deposit of any interest accrued by the 24 revolving fund, which interest shall be available for 25 payment of (i) any amounts considered to be Title IV-D 26 program income that must be paid to the U.S. Department 27 of Health and Human Services and (ii) any balance 28 remaining after payments made under item (i) of this 29 subsection (3) to the General Revenue Fund; however, the 30 disbursements under this subdivision (3) may not exceed 31 the amount of the interest accrued by the revolving fund; 32 (4) the disbursement of such payments to obligees 33 or to the assignees of the obligees in accordance with SB163 Engrossed -4- LRB9203648DJtm 1 the provisions of Title IV-D of the Social Security Act 2 and rules promulgated by the Department, provided that 3 such disbursement is based upon a payment by a payor or 4 obligor deposited into the revolving fund established by 5 this Section; and.6 (5) the disbursement of funds to payors or obligors 7 to correct erroneous payments to the Illinois 8 Department's State Disbursement Unit, in an amount not to 9 exceed the erroneous payments. 10 (b) The provisions of this Section shall apply only if 11 the Department performs the functions of the Illinois 12 Department's State Disbursement Unit under paragraph (d) of 13 Section 10-26. 14(c) Moneys in the State Disbursement Unit Revolving Fund15shall be expended upon the direction of the Director.16 (Source: P.A. 91-712, eff. 7-1-00.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.