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92_HB4483
LRB9211952DJgc
1 AN ACT in relation to child support.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5 changing Section 10-26 as follows:
6 (305 ILCS 5/10-26)
7 Sec. 10-26. State Disbursement Unit.
8 (a) Effective October 1, 1999 the Illinois Department of
9 Public Aid shall establish a State Disbursement Unit in
10 accordance with the requirements of Title IV-D of the Social
11 Security Act. The Illinois Department shall enter into an
12 agreement with a State or local governmental unit or private
13 entity to perform the functions of the State Disbursement
14 Unit as set forth in this Section. The State Disbursement
15 Unit shall collect and disburse support payments made under
16 court and administrative 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
23 of the Income Withholding for Support Act.
24 (a-2) The contract entered into by the Illinois
25 Department with a public or private entity or an individual
26 for the operation of the State Disbursement Unit is subject
27 to competitive bidding. In addition, the contract is subject
28 to Section 10-26.2 of this Code. As used in this subsection
29 (a-2), "contract" has the same meaning as in the Illinois
30 Procurement Code.
31 (a-5) If the State Disbursement Unit receives a support
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1 payment that was not appropriately made to the Unit under
2 this Section, the Unit shall immediately return the payment
3 to the sender, including, if possible, instructions detailing
4 where to send the support payments.
5 (b) All payments received by the State Disbursement
6 Unit:
7 (1) shall be deposited into an account obtained by
8 the State or local governmental unit or private entity,
9 as the case may be, and
10 (2) distributed and disbursed by the State
11 Disbursement Unit, in accordance with the directions of
12 the Illinois Department, pursuant to Title IV-D of the
13 Social Security Act and rules promulgated by the
14 Department.
15 (c) All support payments assigned to the Illinois
16 Department under Article X of this Code and rules promulgated
17 by the Illinois Department that are disbursed to the Illinois
18 Department by the State Disbursement Unit shall be paid into
19 the Child Support Enforcement Trust Fund.
20 (d) If the agreement with the State or local
21 governmental unit or private entity provided for in this
22 Section is not in effect for any reason, the Department shall
23 perform the functions of the State Disbursement Unit as set
24 forth in this Section for a maximum of 12 months before July
25 1, 2001, and for a maximum of 24 months after June 30, 2001.
26 If the Illinois Department is performing the functions of the
27 State Disbursement Unit on July 1, 2001, then the Illinois
28 Department shall make an award on or before December 31,
29 2002, to a State or local government unit or private entity
30 to perform the functions of the State Disbursement Unit.
31 Payments received by the Department in performance of the
32 duties of the State Disbursement Unit shall be deposited into
33 the State Disbursement Unit Revolving Fund established under
34 Section 12-8.1.
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1 (e) By February 1, 2000, the Illinois Department shall
2 conduct at least 4 regional training and educational seminars
3 to educate the clerks of the circuit court on the general
4 operation of the State Disbursement Unit, the role of the
5 State Disbursement Unit, and the role of the clerks of the
6 circuit court in the collection and distribution of child
7 support payments.
8 (f) By March 1, 2000, the Illinois Department shall
9 conduct at least 4 regional educational and training seminars
10 to educate payors, as defined in the Income Withholding for
11 Support Act, on the general operation of the State
12 Disbursement Unit, the role of the State Disbursement Unit,
13 and the distribution of income withholding payments pursuant
14 to this Section and the Income Withholding for Support Act.
15 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00;
16 91-712, eff. 7-1-00; 92-44, eff. 7-1-01.)