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 apply29only if the Department performs the functions of the Illinois30Department's State Disbursement Unit under paragraph (d) of31Section 10-26.32 (Source: P.A. 91-712, eff. 7-1-00; 92-44, eff. 7-1-01.)".