093_SB1548ham002
LRB093 09578 LCB 16398 a
1 AMENDMENT TO SENATE BILL 1548
2 AMENDMENT NO. . Amend Senate Bill 1548, on page 1,
3 line 5, by replacing "Section 1-11" with "Sections 1-11,
4 10-26, and 12-8.1"; and
5 on page 3, after line 6, by inserting the following:
6 "(305 ILCS 5/10-26)
7 Sec. 10-26. State Disbursement Unit.
8 (a) Effective October 1, 1999 the Illinois Department
9 shall establish a State Disbursement Unit in accordance with
10 the requirements of Title IV-D of the Social Security Act.
11 The Illinois Department shall enter into an agreement with a
12 State or local governmental unit or private entity to perform
13 the functions of the State Disbursement Unit as set forth in
14 this Section. The State Disbursement Unit shall collect and
15 disburse support payments made under court and administrative
16 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
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1 of the Income Withholding for Support Act.
2 (a-2) The contract entered into by the Illinois
3 Department with a public or private entity or an individual
4 for the operation of the State Disbursement Unit is subject
5 to competitive bidding. In addition, the contract is subject
6 to Section 10-26.2 of this Code. As used in this subsection
7 (a-2), "contract" has the same meaning as in the Illinois
8 Procurement Code.
9 (a-5) If the State Disbursement Unit receives a support
10 payment that was not appropriately made to the Unit under
11 this Section, the Unit shall immediately return the payment
12 to the sender, including, if possible, instructions detailing
13 where to send the support payments.
14 (b) All payments received by the State Disbursement
15 Unit:
16 (1) shall be deposited into an account obtained by
17 the Illinois Department or the State or local
18 governmental unit or private entity, as the case may be,
19 and
20 (2) distributed and disbursed by the State
21 Disbursement Unit, in accordance with the directions of
22 the Illinois Department, pursuant to Title IV-D of the
23 Social Security Act and rules promulgated by the
24 Department.
25 (c) All support payments assigned to the Illinois
26 Department under Article X of this Code and rules promulgated
27 by the Illinois Department that are disbursed to the Illinois
28 Department by the State Disbursement Unit shall be paid into
29 the Child Support Enforcement Trust Fund.
30 (d) If the agreement with the State or local
31 governmental unit or private entity provided for in this
32 Section is not in effect for any reason, the Department shall
33 perform the functions of the State Disbursement Unit as set
34 forth in this Section for a maximum of 12 months before July
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1 1, 2001, and for a maximum of 24 months after June 30, 2001.
2 If the Illinois Department is performing the functions of the
3 State Disbursement Unit on July 1, 2001, then the Illinois
4 Department shall make an award on or before December 31,
5 2002, to a State or local government unit or private entity
6 to perform the functions of the State Disbursement Unit.
7 Payments received by the Illinois Department in performance
8 of the duties of the State Disbursement Unit shall be
9 deposited into the State Disbursement Unit Revolving Fund
10 established under Section 12-8.1. Nothing in this Section
11 shall prohibit the Illinois Department from holding the State
12 Disbursement Unit Revolving Fund after June 30, 2003.
13 (e) By February 1, 2000, the Illinois Department shall
14 conduct at least 4 regional training and educational seminars
15 to educate the clerks of the circuit court on the general
16 operation of the State Disbursement Unit, the role of the
17 State Disbursement Unit, and the role of the clerks of the
18 circuit court in the collection and distribution of child
19 support payments.
20 (f) By March 1, 2000, the Illinois Department shall
21 conduct at least 4 regional educational and training seminars
22 to educate payors, as defined in the Income Withholding for
23 Support Act, on the general operation of the State
24 Disbursement Unit, the role of the State Disbursement Unit,
25 and the distribution of income withholding payments pursuant
26 to this Section and the Income Withholding for Support Act.
27 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00;
28 91-712, eff. 7-1-00; 92-44, eff. 7-1-01.)
29 (305 ILCS 5/12-8.1)
30 Sec. 12-8.1. State Disbursement Unit Revolving Fund.
31 (a) There is created a revolving fund to be known as the
32 State Disbursement Unit Revolving Fund, to be held by the
33 Director of the Illinois Department, outside the State
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1 treasury, for the following purposes:
2 (1) the deposit of all support payments received by
3 the Illinois Department's State Disbursement Unit;
4 (2) the deposit of other funds including, but not
5 limited to, transfers of funds from other accounts
6 attributable to support payments received by the Illinois
7 Department's State Disbursement Unit;
8 (3) the deposit of any interest accrued by the
9 revolving fund, which interest shall be available for
10 payment of (i) any amounts considered to be Title IV-D
11 program income that must be paid to the U.S. Department
12 of Health and Human Services and (ii) any balance
13 remaining after payments made under item (i) of this
14 subsection (3) to the General Revenue Fund; however, the
15 disbursements under this subdivision (3) may not exceed
16 the amount of the interest accrued by the revolving fund;
17 (4) the disbursement of such payments to obligees
18 or to the assignees of the obligees in accordance with
19 the provisions of Title IV-D of the Social Security Act
20 and rules promulgated by the Department, provided that
21 such disbursement is based upon a payment by a payor or
22 obligor deposited into the revolving fund established by
23 this Section; and
24 (5) the disbursement of funds to payors or obligors
25 to correct erroneous payments to the Illinois
26 Department's State Disbursement Unit, in an amount not to
27 exceed the erroneous payments.
28 (b) (Blank). The provisions of this Section shall apply
29 only if the Department performs the functions of the Illinois
30 Department's State Disbursement Unit under paragraph (d) of
31 Section 10-26.
32 (Source: P.A. 91-712, eff. 7-1-00; 92-44, eff. 7-1-01.)".