093_SB1548ham002











                                     LRB093 09578 LCB 16398 a

 1                    AMENDMENT TO SENATE BILL 1548

 2        AMENDMENT NO.     .  Amend Senate Bill 1548, on  page  1,
 3    line  5,  by  replacing  "Section  1-11" with "Sections 1-11,
 4    10-26, and 12-8.1"; and

 5    on page 3, after line 6, by inserting the following:

 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
 
                            -2-      LRB093 09578 LCB 16398 a
 1        of the Income Withholding for Support Act.
 2        (a-2)  The   contract   entered   into  by  the  Illinois
 3    Department with a public or private entity or  an  individual
 4    for  the  operation of the State Disbursement Unit is subject
 5    to competitive bidding.  In addition, the contract is subject
 6    to Section 10-26.2 of this Code.  As used in this  subsection
 7    (a-2),  "contract"  has  the  same meaning as in the Illinois
 8    Procurement Code.
 9        (a-5)  If the State Disbursement Unit receives a  support
10    payment  that  was  not  appropriately made to the Unit under
11    this Section, the Unit shall immediately return  the  payment
12    to the sender, including, if possible, instructions detailing
13    where to send the support payments.
14        (b)  All  payments  received  by  the  State Disbursement
15    Unit:
16             (1)  shall be deposited into an account obtained  by
17        the   Illinois   Department   or   the   State  or  local
18        governmental unit or private entity, as the case may  be,
19        and
20             (2)  distributed   and   disbursed   by   the  State
21        Disbursement Unit, in accordance with the  directions  of
22        the  Illinois  Department,  pursuant to Title IV-D of the
23        Social  Security  Act  and  rules  promulgated   by   the
24        Department.
25        (c)  All   support  payments  assigned  to  the  Illinois
26    Department under Article X of this Code and rules promulgated
27    by the Illinois Department that are disbursed to the Illinois
28    Department by the State Disbursement Unit shall be paid  into
29    the Child Support Enforcement Trust Fund.
30        (d)  If   the   agreement   with   the   State  or  local
31    governmental unit or private  entity  provided  for  in  this
32    Section is not in effect for any reason, the Department shall
33    perform  the  functions of the State Disbursement Unit as set
34    forth in this Section for a maximum of 12 months before  July
 
                            -3-      LRB093 09578 LCB 16398 a
 1    1,  2001, and for a maximum of 24 months after June 30, 2001.
 2    If the Illinois Department is performing the functions of the
 3    State Disbursement Unit on July 1, 2001,  then  the  Illinois
 4    Department  shall  make  an  award  on or before December 31,
 5    2002, to a State or local government unit or  private  entity
 6    to  perform  the  functions  of  the State Disbursement Unit.
 7    Payments received by the Illinois Department  in  performance
 8    of  the  duties  of  the  State  Disbursement  Unit  shall be
 9    deposited into the State  Disbursement  Unit  Revolving  Fund
10    established  under  Section  12-8.1.  Nothing in this Section
11    shall prohibit the Illinois Department from holding the State
12    Disbursement Unit Revolving Fund after June 30, 2003.
13        (e)  By February 1, 2000, the Illinois  Department  shall
14    conduct at least 4 regional training and educational seminars
15    to  educate  the  clerks  of the circuit court on the general
16    operation of the State Disbursement Unit,  the  role  of  the
17    State  Disbursement  Unit,  and the role of the clerks of the
18    circuit court in the collection  and  distribution  of  child
19    support payments.
20        (f)  By  March  1,  2000,  the  Illinois Department shall
21    conduct at least 4 regional educational and training seminars
22    to educate payors, as defined in the Income  Withholding  for
23    Support   Act,   on   the  general  operation  of  the  State
24    Disbursement Unit, the role of the State  Disbursement  Unit,
25    and  the distribution of income withholding payments pursuant
26    to this Section and the Income Withholding for Support Act.
27    (Source: P.A. 91-212,  eff.  7-20-99;  91-677,  eff.  1-5-00;
28    91-712, eff. 7-1-00; 92-44, eff. 7-1-01.)

29        (305 ILCS 5/12-8.1)
30        Sec. 12-8.1.  State Disbursement Unit Revolving Fund.
31        (a)  There is created a revolving fund to be known as the
32    State  Disbursement  Unit  Revolving  Fund, to be held by the
33    Director  of  the  Illinois  Department,  outside  the  State
 
                            -4-      LRB093 09578 LCB 16398 a
 1    treasury, for the following purposes:
 2             (1)  the deposit of all support payments received by
 3        the Illinois Department's State Disbursement Unit;
 4             (2)  the deposit of other funds including,  but  not
 5        limited  to,  transfers  of  funds  from  other  accounts
 6        attributable to support payments received by the Illinois
 7        Department's State Disbursement Unit;
 8             (3)  the  deposit  of  any  interest  accrued by the
 9        revolving fund, which interest  shall  be  available  for
10        payment  of  (i)  any amounts considered to be Title IV-D
11        program income that must be paid to the  U.S.  Department
12        of  Health  and  Human  Services  and  (ii)  any  balance
13        remaining  after  payments  made  under  item (i) of this
14        subsection (3) to the General Revenue Fund; however,  the
15        disbursements  under  this subdivision (3) may not exceed
16        the amount of the interest accrued by the revolving fund;
17             (4)  the disbursement of such payments  to  obligees
18        or  to  the  assignees of the obligees in accordance with
19        the provisions of Title IV-D of the Social  Security  Act
20        and  rules  promulgated  by the Department, provided that
21        such disbursement is based upon a payment by a  payor  or
22        obligor  deposited into the revolving fund established by
23        this Section; and
24             (5)  the disbursement of funds to payors or obligors
25        to   correct   erroneous   payments   to   the   Illinois
26        Department's State Disbursement Unit, in an amount not to
27        exceed the erroneous payments.
28        (b)  (Blank). The provisions of this Section shall  apply
29    only if the Department performs the functions of the Illinois
30    Department's  State  Disbursement Unit under paragraph (d) of
31    Section 10-26.
32    (Source: P.A. 91-712, eff. 7-1-00; 92-44, eff. 7-1-01.)".