Full Text of HB2418 94th General Assembly
HB2418eng 94TH GENERAL ASSEMBLY
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HB2418 Engrossed |
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LRB094 08147 DRJ 38333 b |
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| AN ACT concerning child support.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | 5 |
| changing Sections 10-26 and 10-26.2 as follows:
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| (305 ILCS 5/10-26)
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| Sec. 10-26. State Disbursement Unit.
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| (a) Effective October 1, 1999 the Illinois Department shall | 9 |
| establish a
State Disbursement Unit in accordance with the | 10 |
| requirements of Title IV-D of
the Social Security Act. The | 11 |
| Illinois Department shall enter into an agreement
with a State | 12 |
| or local governmental unit or private entity to perform the
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| functions of the State Disbursement Unit as set forth in this | 14 |
| Section. The
State Disbursement Unit shall collect and disburse | 15 |
| support payments made under
court and administrative support | 16 |
| orders:
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| (1) being enforced in cases in which child and spouse | 18 |
| support services are
being provided under this Article X; | 19 |
| and
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| (2) in all cases in which child and spouse support | 21 |
| services are not being
provided under this Article X and in | 22 |
| which support payments are made under the
provisions of the | 23 |
| Income Withholding for Support Act. | 24 |
| Notwithstanding any other provision of law, a child support | 25 |
| disbursement check, correspondence related to child support, | 26 |
| or any other document related to child support may not contain | 27 |
| the social security number of the child support obligor, the | 28 |
| obligee, or the child entitled to support unless required under | 29 |
| federal law or by order of a court of competent jurisdiction. | 30 |
| Nothing in this paragraph prohibits the social security numbers | 31 |
| of child support obligors, obligees, or children entitled to | 32 |
| support from being retained as a confidential record not |
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HB2418 Engrossed |
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LRB094 08147 DRJ 38333 b |
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| subject to public disclosure.
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| (a-2) The contract entered into by the Illinois Department | 3 |
| with a
public or
private entity or an individual for the | 4 |
| operation of the State
Disbursement
Unit is subject to | 5 |
| competitive bidding. In addition, the contract is subject
to | 6 |
| Section
10-26.2 of this
Code. As used in this subsection (a-2), | 7 |
| "contract" has the same meaning as in
the Illinois
Procurement | 8 |
| Code.
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| (a-5) If the State Disbursement Unit receives a support | 10 |
| payment that was
not appropriately made to the Unit under this | 11 |
| Section, the Unit shall
immediately return the payment to the | 12 |
| sender, including, if possible,
instructions detailing where | 13 |
| to send the support payments.
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| (b) All payments received by the State Disbursement Unit:
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| (1) shall be deposited into an account obtained by the | 16 |
| Illinois
Department, and
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| (2) distributed and disbursed by the State | 18 |
| Disbursement Unit, in
accordance with the directions of the | 19 |
| Illinois Department, pursuant to Title
IV-D of the Social | 20 |
| Security Act and rules promulgated by the Department.
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| (c) All support payments assigned to the Illinois | 22 |
| Department under Article X
of this Code and rules promulgated | 23 |
| by the Illinois Department that are
disbursed to the Illinois | 24 |
| Department by the State Disbursement Unit shall be
paid into | 25 |
| the Child Support Enforcement Trust Fund.
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| (d) If the agreement with the State or local governmental | 27 |
| unit or private
entity provided for in this Section is not in | 28 |
| effect for any reason, the
Department shall perform the | 29 |
| functions of the State Disbursement Unit as set
forth in this | 30 |
| Section for a maximum of 12 months before July 1, 2001, and for
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| a
maximum of 24 months after June 30, 2001. If the Illinois | 32 |
| Department is
performing the functions of the State | 33 |
| Disbursement Unit on July 1, 2001, then
the Illinois Department | 34 |
| shall make an award on or before December 31, 2002, to
a State | 35 |
| or local government unit or private entity to perform the | 36 |
| functions of
the State Disbursement Unit.
Payments received by |
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HB2418 Engrossed |
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LRB094 08147 DRJ 38333 b |
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| the Illinois Department in performance of the duties
of the | 2 |
| State
Disbursement Unit shall be deposited into the State | 3 |
| Disbursement Unit Revolving
Fund established under Section | 4 |
| 12-8.1.
Nothing in this Section shall prohibit the Illinois | 5 |
| Department from holding
the State Disbursement Unit Revolving | 6 |
| Fund after June 30, 2003.
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| (e) By February 1, 2000, the Illinois Department shall | 8 |
| conduct at least 4
regional training and educational seminars | 9 |
| to educate the clerks of the circuit
court on the general | 10 |
| operation of the State Disbursement Unit, the role of the
State | 11 |
| Disbursement Unit, and the role of the clerks of the circuit | 12 |
| court in the
collection and distribution of child support | 13 |
| payments.
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| (f) By March 1, 2000, the Illinois Department shall conduct | 15 |
| at least 4
regional educational and training seminars to | 16 |
| educate payors, as defined
in the Income Withholding for | 17 |
| Support Act, on the general operation of the
State Disbursement | 18 |
| Unit, the role of the State Disbursement Unit, and the
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| distribution of income withholding payments pursuant to this | 20 |
| Section and the
Income Withholding for Support Act.
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| (Source: P.A. 92-44, eff. 7-1-01; 93-20, eff. 6-20-03.)
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| (305 ILCS 5/10-26.2)
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| Sec. 10-26.2. Contracts concerning the operation of the | 24 |
| State Disbursement
Unit.
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| (a) In this Section:
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| "Contract" has the same meaning as in the Illinois | 27 |
| Procurement Code.
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| "SDU contractor" means any public or private entity or | 29 |
| individual with whom
the
Illinois Department enters into a | 30 |
| contract in connection with the operation of
the State
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| Disbursement Unit.
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| (b) The contract entered into by the Illinois Department | 33 |
| with a public or
private
entity or an individual in connection | 34 |
| with the operation of the State
Disbursement Unit
must contain, | 35 |
| at a minimum, the provisions set forth in this Section.
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HB2418 Engrossed |
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LRB094 08147 DRJ 38333 b |
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| (c) The contract must include standards and procedures
to | 2 |
| ensure that the data
relied on
by the State Disbursement Unit | 3 |
| in performing its functions is accurate so that
the State
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| Disbursement Unit will be able to effectively administer the | 5 |
| collection and
disbursement
of support payments.
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| (d) The contract must contain provisions to ensure that all | 7 |
| clerks of the
circuit
court have access to
non-custodial
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| parents' support payment information in the possession of the | 9 |
| State
Disbursement Unit.
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| (e) The contract must contain provisions to ensure that | 11 |
| notices to employers
in
connection with the collection of | 12 |
| support are clear and consistent and that the
SDU
contractor | 13 |
| will promptly inform an employer about any problems and any
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| necessary
changes in connection with the collection of support. | 15 |
| (e-5) The contract must contain provisions to ensure that a | 16 |
| child support disbursement check, correspondence related to | 17 |
| child support, or any other document related to child support | 18 |
| does not contain the social security number of the child | 19 |
| support obligor, the obligee, or the child entitled to support | 20 |
| unless required under federal law or by order of a court of | 21 |
| competent jurisdiction. Nothing in this subsection prohibits | 22 |
| the social security numbers of child support obligors, | 23 |
| obligees, or children entitled to support from being retained | 24 |
| as a confidential record not subject to public disclosure.
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| (f) The contract must contain appropriate management | 26 |
| controls to ensure that
(i)
all of the SDU contractor's actions | 27 |
| in performing the functions of the State
Disbursement
Unit are | 28 |
| reasonably planned, timely implemented, and adequately | 29 |
| controlled and
(ii) all
reports that are necessary to provide | 30 |
| the Illinois Department with the
information
necessary to | 31 |
| effectively monitor the quality and accuracy of the SDU
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| contractor's actions
in performing the functions of the State | 33 |
| Disbursement Unit are timely filed.
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| (g) The contract must contain provisions specifying | 35 |
| standards with respect
to the level of performance expected of | 36 |
| the SDU contractor. The contract may
include provisions for |
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HB2418 Engrossed |
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LRB094 08147 DRJ 38333 b |
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| incentives and penalties in connection with the SDU
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| contractor's performance.
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| (h) The contract must contain provisions projecting the | 4 |
| number of active
support collection and disbursement cases to | 5 |
| be handled by the State
Disbursement Unit and estimating the | 6 |
| number of support disbursement
transactions to be handled each | 7 |
| year.
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| (i) The contract must contain provisions requiring
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| compliance with all
applicable federal
requirements concerning | 10 |
| disbursement of support.
The contract must also contain | 11 |
| provisions for the Illinois Department's
regular, periodic
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| review of reports on disbursement performance.
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| (j) The contract must contain provisions requiring the SDU | 14 |
| contractor to
submit
to the Illinois Department, within 45 days | 15 |
| after the end of each State fiscal
year, a
completed American | 16 |
| Institute of Certified Public Accountants Statement on
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| Auditing
Standards Number 88 (SAS 88) or its successor for the | 18 |
| purpose of enabling the
Illinois
Department to
appropriately | 19 |
| monitor the State Disbursement Unit's performance as a service
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| organization and to enable the Auditor General, as the external | 21 |
| auditor of the
State
Disbursement Unit, to ensure that | 22 |
| appropriate controls are present.
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| (k) The contract must contain provisions requiring the | 24 |
| Illinois Department
and the
SDU contractor to examine the | 25 |
| causes of untimely disbursement of support
payments and
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| inappropriate cost recovery and to take prompt action to ensure | 27 |
| the timely and
accurate
disbursement of support payments. The | 28 |
| contract must also contain provisions
for the
final disposition | 29 |
| of support payments that cannot be processed by
the State
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| Disbursement Unit within 2 business days.
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| (l) The contract must contain provisions to ensure that | 32 |
| neither the Illinois
Department nor the SDU contractor uses | 33 |
| moneys collected and held in trust for
the
payment of support | 34 |
| for any purpose other than that for which the moneys were
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| collected.
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| (m) The contract must contain provisions requiring the |
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HB2418 Engrossed |
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LRB094 08147 DRJ 38333 b |
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| Illinois Department
to audit
the disbursement of all emergency | 2 |
| support payments and report to the General
Assembly
the results | 3 |
| of the audit, including, without limitation, the number of
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| emergency support
payment checks issued by the State | 5 |
| Disbursement Unit, the amount of repayments
received from | 6 |
| recipients of those checks, and amounts for which the Illinois
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| Department did not seek repayment.
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| (Source: P.A. 92-44, eff. 7-1-01.)
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| Section 99. Effective date. This Act takes effect October | 10 |
| 1, 2005.
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