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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.)