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91_HB3054eng
HB3054 Engrossed LRB9110039WHcsA
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 10-26.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended, if
6 and only if the provisions of House Bill 2773 of the 91st
7 General Assembly that are changed by this amendatory Act of
8 the 91st General Assembly become law, by changing Section
9 10-26 as follows:
10 (305 ILCS 5/10-26)
11 Sec. 10-26. State Disbursement Unit.
12 (a) In accordance with the requirements of federal law,
13 Effective October 1, 1999 the Illinois Department shall
14 establish a State Disbursement Unit in accordance with the
15 requirements of Title IV-D of the Social Security Act. Not
16 later than April 1, 2000, the Illinois Department shall enter
17 into an agreement with a State or local governmental unit or
18 private entity to perform the functions of the State
19 Disbursement Unit as set forth in this Section. The
20 agreement shall include performance standards that must be
21 met by the entity as a condition of payment for the services
22 rendered by the entity and shall also include financial
23 penalties for the entity's nonperformance of required duties.
24 The agreement shall require the entity to work cooperatively
25 with clerks of the circuit court and with employers. This
26 required cooperation shall include the entity's provision of
27 direct, on-site assistance in complying with standards and
28 procedures necessary for the effective processing and
29 disbursement of support payments.
30 The State Disbursement Unit shall collect and disburse
31 support payments made under court and administrative support
HB3054 Engrossed -2- LRB9110039WHcsA
1 orders:
2 (1) being enforced in cases in which child and
3 spouse support services are being provided under this
4 Article X; and
5 (2) in all cases in which child and spouse support
6 services are not being provided under this Article X and
7 in which support payments are made under the provisions
8 of the Income Withholding for Support Act.
9 (a-1) The Illinois Department shall terminate any
10 agreement executed by the Illinois Department that provides
11 for the operation of a State Disbursement Unit and that was
12 executed before July 20, 1999 (the effective date of Public
13 Act 91-212). The Illinois Department shall give sufficient
14 notice as required under any such prior agreement so that the
15 prior agreement is terminated not later than the date on
16 which the agreement entered into with a entity under
17 subsection (a) becomes operative.
18 (a-5) If the State Disbursement Unit receives a support
19 payment that was not appropriately made to the Unit under
20 this Section, the Unit shall immediately return the payment
21 to the sender, including, if possible, instructions detailing
22 where to send the support payments.
23 (b) All payments received by the State Disbursement
24 Unit:
25 (1) shall be deposited into an account obtained by
26 the State or local governmental unit or private entity,
27 as the case may be, and
28 (2) distributed and disbursed by the State
29 Disbursement Unit, in accordance with the directions of
30 the Illinois Department, pursuant to Title IV-D of the
31 Social Security Act and rules promulgated by the
32 Department.
33 (c) All support payments assigned to the Illinois
34 Department under Article X of this Code and rules promulgated
HB3054 Engrossed -3- LRB9110039WHcsA
1 by the Illinois Department that are disbursed to the Illinois
2 Department by the State Disbursement Unit shall be paid into
3 the Child Support Enforcement Trust Fund.
4 (d) If the agreement with the State or local
5 governmental unit or private entity provided for in this
6 Section is not in effect for any reason, the Department shall
7 perform the functions of the State Disbursement Unit as set
8 forth in this Section for a maximum of 12 months.
9 (e) By February 1, 2000, the Illinois Department shall
10 conduct at least 4 regional training and educational seminars
11 to educate the clerks of the circuit court on the general
12 operation of the State Disbursement Unit, the role of the
13 State Disbursement Unit, and the role of the clerks of the
14 circuit court in the collection and distribution of child
15 support payments.
16 (f) By March 1, 2000, the Illinois Department shall
17 conduct at least 4 regional educational and training seminars
18 to educate payors, as defined in the Income Withholding for
19 Support Act, on the general operation of the State
20 Disbursement Unit, the role of the State Disbursement Unit,
21 and the distribution of income withholding payments pursuant
22 to this Section and the Income Withholding for Support Act.
23 (Source: 91HB2773 enrolled.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law or on the effective date of House Bill 2773 of
26 the 91st General Assembly, whichever is later.
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