Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(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.
(Source: P.A. 92-44, eff. 7-1-01.)
|
