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92_SB0163eng
SB163 Engrossed LRB9203648DJtm
1 AN ACT concerning public aid.
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 Sections 10-26 and 12-8.1 as follows:
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
23 of the Income Withholding for Support Act.
24 (a-5) If the State Disbursement Unit receives a support
25 payment that was not appropriately made to the Unit under
26 this Section, the Unit shall immediately return the payment
27 to the sender, including, if possible, instructions detailing
28 where to send the support payments.
29 (b) All payments received by the State Disbursement
30 Unit:
31 (1) shall be deposited into an account obtained by
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1 the State or local governmental unit or private entity,
2 as the case may be, and
3 (2) distributed and disbursed by the State
4 Disbursement Unit, in accordance with the directions of
5 the Illinois Department, pursuant to Title IV-D of the
6 Social Security Act and rules promulgated by the
7 Department.
8 (c) All support payments assigned to the Illinois
9 Department under Article X of this Code and rules promulgated
10 by the Illinois Department that are disbursed to the Illinois
11 Department by the State Disbursement Unit shall be paid into
12 the Child Support Enforcement Trust Fund.
13 (d) If the agreement with the State or local
14 governmental unit or private entity provided for in this
15 Section is not in effect for any reason, the Department shall
16 perform the functions of the State Disbursement Unit as set
17 forth in this Section for a maximum of 12 months before July
18 1, 2001, and for a maximum of 24 months after June 30, 2001.
19 If the Illinois Department is performing the functions of the
20 State Disbursement Unit on July 1, 2001, then the Illinois
21 Department shall make an award on or before December 31,
22 2002, to a State or local government unit or private entity
23 to perform the functions of the State Disbursement Unit.
24 Payments received by the Department in performance of the
25 duties of the State Disbursement Unit shall be deposited into
26 the State Disbursement Unit Revolving Fund established under
27 Section 12-8.1.
28 (e) By February 1, 2000, the Illinois Department shall
29 conduct at least 4 regional training and educational seminars
30 to educate the clerks of the circuit court on the general
31 operation of the State Disbursement Unit, the role of the
32 State Disbursement Unit, and the role of the clerks of the
33 circuit court in the collection and distribution of child
34 support payments.
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1 (f) By March 1, 2000, the Illinois Department shall
2 conduct at least 4 regional educational and training seminars
3 to educate payors, as defined in the Income Withholding for
4 Support Act, on the general operation of the State
5 Disbursement Unit, the role of the State Disbursement Unit,
6 and the distribution of income withholding payments pursuant
7 to this Section and the Income Withholding for Support Act.
8 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00;
9 91-712, eff. 7-1-00.)
10 (305 ILCS 5/12-8.1)
11 Sec. 12-8.1. State Disbursement Unit Revolving Fund.
12 (a) There is created a revolving fund to be known as the
13 State Disbursement Unit Revolving Fund, to be held by the
14 Director of the Illinois Department, outside the State
15 treasury State Treasurer as ex officio custodian, for the
16 following purposes:
17 (1) the deposit of all support payments received by
18 the Illinois Department's State Disbursement Unit; and
19 (2) the deposit of other funds including, but not
20 limited to, transfers of funds from other accounts
21 attributable to support payments received by the Illinois
22 Department's State Disbursement Unit;
23 (3) the deposit of any interest accrued by the
24 revolving fund, which interest shall be available for
25 payment of (i) any amounts considered to be Title IV-D
26 program income that must be paid to the U.S. Department
27 of Health and Human Services and (ii) any balance
28 remaining after payments made under item (i) of this
29 subsection (3) to the General Revenue Fund; however, the
30 disbursements under this subdivision (3) may not exceed
31 the amount of the interest accrued by the revolving fund;
32 (4) the disbursement of such payments to obligees
33 or to the assignees of the obligees in accordance with
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1 the provisions of Title IV-D of the Social Security Act
2 and rules promulgated by the Department, provided that
3 such disbursement is based upon a payment by a payor or
4 obligor deposited into the revolving fund established by
5 this Section; and.
6 (5) the disbursement of funds to payors or obligors
7 to correct erroneous payments to the Illinois
8 Department's State Disbursement Unit, in an amount not to
9 exceed the erroneous payments.
10 (b) The provisions of this Section shall apply only if
11 the Department performs the functions of the Illinois
12 Department's State Disbursement Unit under paragraph (d) of
13 Section 10-26.
14 (c) Moneys in the State Disbursement Unit Revolving Fund
15 shall be expended upon the direction of the Director.
16 (Source: P.A. 91-712, eff. 7-1-00.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.
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