HB4432 94TH GENERAL ASSEMBLY

LRB094 16145 DRJ 51385 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4432

Introduced 1/6/2006, by Rep. Chapin Rose

SYNOPSIS AS INTRODUCED:

305 ILCS 5/10-16.8 new
305 ILCS 5/10-26.2

Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall take appropriate steps to ensure that an obligee's address or telephone number is not disclosed to the obligor in any case in which the Department is collecting child support from the obligor by means of income withholding, garnishment, or other process to enforce an order for support. Provides that the contract entered into by the Department of Healthcare and Family Services with a public or private entity or an individual in connection with the operation of the State Disbursement Unit must contain provisions to ensure that the State Disbursement Unit does not disclose an obligee's address or telephone number to the obligor in any case in which the Department or the State Disbursement Unit is collecting child support from the obligor by means of income withholding, garnishment, or other process to enforce an order for support. Effective immediately.

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by changing Section 10-26.2 and by adding Section 10-16.8 as follows:

(305 ILCS 5/10-16.8 new)

Sec. 10-16.8. Enforcement of order for support; nondisclosure of obligee's address and telephone number. The Department of Healthcare and Family Services shall take appropriate steps to ensure that an obligee's address or telephone number is not disclosed to the obligor in any case in which the Department is collecting child support from the obligor by means of income withholding, garnishment, or other process to enforce an order for support.

(305 ILCS 5/10-26.2)

Sec. 10-26.2. Contracts concerning the operation of the State Disbursement Unit.

(a) In this Section:

"Contract" has the same meaning as in the Illinois Procurement Code.

"SDU contractor" means any public or private entity or individual with whom the Illinois Department enters into a contract in connection with the operation of the State Disbursement Unit.

(b) The contract entered into by the Illinois Department with a public or private entity or an individual in connection with the operation of the State Disbursement Unit must contain, at a minimum, the provisions set forth in this Section.

(c) The contract must include standards and procedures to ensure that the data relied on by the State Disbursement Unit in performing its functions is accurate so that the State Disbursement Unit will be able to effectively administer the collection and disbursement of support payments.

(d) The contract must contain provisions to ensure that all clerks of the circuit court have access to non-custodial parents' support payment information in the possession of the State Disbursement Unit.

(e) The contract must contain provisions to ensure that notices to employers in connection with the collection of support are clear and consistent and that the SDU contractor will promptly inform an employer about any problems and any necessary changes in connection with the collection of support.

(f) The contract must contain appropriate management controls to ensure that (i) all of the SDU contractor's actions in performing the functions of the State Disbursement Unit are reasonably planned, timely implemented, and adequately controlled and (ii) all reports that are necessary to provide the Illinois Department with the information necessary to effectively monitor the quality and accuracy of the SDU contractor's actions in performing the functions of the State Disbursement Unit are timely filed.

(g) The contract must contain provisions specifying standards with respect to the level of performance expected of the SDU contractor. The contract may include provisions for incentives and penalties in connection with the SDU contractor's performance.

(h) The contract must contain provisions projecting the number of active support collection and disbursement cases to be handled by the State Disbursement Unit and estimating the number of support disbursement transactions to be handled each year.

(i) The contract must contain provisions requiring compliance with all applicable federal requirements concerning disbursement of support. The contract must also contain provisions for the Illinois Department's regular, periodic review of reports on disbursement performance.

(j) The contract must contain provisions requiring the SDU contractor to submit to the Illinois Department, within 45 days after the end of each State fiscal year, a completed American Institute of Certified Public Accountants Statement on Auditing Standards Number 88 (SAS 88) or its successor for the purpose of enabling the Illinois Department to appropriately monitor the State Disbursement Unit's performance as a service organization and to enable the Auditor General, as the external auditor of the State Disbursement Unit, to ensure that appropriate controls are present.

(k) The contract must contain provisions requiring the Illinois Department and the SDU contractor to examine the causes of untimely disbursement of support payments and inappropriate cost recovery and to take prompt action to ensure the timely and accurate disbursement of support payments. The contract must also contain provisions for the final disposition of support payments that cannot be processed by the State Disbursement Unit within 2 business days.

(l) The contract must contain provisions to ensure that neither the Illinois Department nor the SDU contractor uses moneys collected and held in trust for the payment of support for any purpose other than that for which the moneys were collected.

(m) The contract must contain provisions requiring the Illinois Department to audit the disbursement of all emergency support payments and report to the General Assembly the results of the audit, including, without limitation, the number of emergency support payment checks issued by the State Disbursement Unit, the amount of repayments received from recipients of those checks, and amounts for which the Illinois Department did not seek repayment.

(n) The contract must contain provisions to ensure that the State Disbursement Unit does not disclose an obligee's address or telephone number to the obligor in any case in which the Illinois Department or the State Disbursement Unit is collecting child support from the obligor by means of income withholding, garnishment, or other process to enforce an order for support.

(Source: P.A. 92-44, eff. 7-1-01.)

Section 99. Effective date. This Act takes effect upon becoming law.