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91_HB2920eng
HB2920 Engrossed LRB9109156DJcdB
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 by
6 changing Section 10-26 as follows.
7 (305 ILCS 5/10-26)
8 Sec. 10-26. State Disbursement Unit.
9 (a) Effective October 1, 1999 the Illinois Department
10 shall establish a State Disbursement Unit in accordance with
11 the requirements of Title IV-D of the Social Security Act.
12 The Illinois Department shall enter into an agreement with a
13 State or local governmental unit or private entity to perform
14 the functions of the State Disbursement Unit as set forth in
15 this Section. The purpose of the State Disbursement Unit
16 shall be to collect and disburse support payments made under
17 court and administrative support orders:
18 (1) being enforced in cases in which child and
19 spouse support services are being provided under this
20 Article X; and
21 (2) in all cases in which the order for support was
22 entered after January 1, 1994, child and spouse support
23 services are not being provided under this Article X, and
24 in which support payments are made under the provisions
25 of the Income Withholding for Support Act.
26 (b) All payments received by the State Disbursement
27 Unit:
28 (1) shall be deposited into an account obtained by
29 the State or local governmental unit or private entity,
30 as the case may be, and
31 (2) distributed and disbursed by the State
HB2920 Engrossed -2- LRB9109156DJcdB
1 Disbursement Unit, in accordance with the directions of
2 the Illinois Department, pursuant to Title IV-D of the
3 Social Security Act and rules promulgated by the
4 Department.
5 (c) All support payments assigned to the Illinois
6 Department under Article X of this Code and rules promulgated
7 by the Illinois Department that are disbursed to the Illinois
8 Department by the State Disbursement Unit shall be paid into
9 the Child Support Enforcement Trust Fund.
10 (d) If the agreement with the State or local
11 governmental unit or private entity provided for in this
12 Section is not in effect for any reason, the Department shall
13 perform the functions of the State Disbursement Unit as set
14 forth in this Section for a maximum of 12 months.
15 (e) This subsection applies to support payments received
16 by the State Disbursement Unit on or after October 1, 1999
17 and applies only to support payments required to be processed
18 by the State Disbursement Unit as provided in this Section.
19 If the State Disbursement Unit fails to disburse a
20 support payment to the person entitled to the payment within
21 the time frame prescribed by federal guidelines, then that
22 person is entitled to a civil penalty payment in addition to
23 the support payment. The civil penalty payment shall be paid
24 from moneys allocated by the Illinois Department for the
25 operation of the State Disbursement Unit under the agreement
26 described in subsection (a). The amount of the civil penalty
27 payment shall be 2% of the amount of the support payment for
28 each 30-day period or fraction of such a period that the
29 support payment was not disbursed within the time frame
30 prescribed by federal guidelines. A person is entitled to a
31 civil penalty payment under this subsection for each support
32 payment that was not disbursed to the person within the time
33 frame prescribed by federal guidelines.
34 A person entitled to a civil penalty payment under this
HB2920 Engrossed -3- LRB9109156DJcdB
1 subsection must apply to the State Disbursement Unit for the
2 payment. The State Disbursement Unit shall determine whether
3 an applicant for a civil penalty payment is eligible for the
4 payment based solely on whether the State Disbursement Unit
5 failed to disburse a support payment to the applicant within
6 the time frame prescribed by federal guidelines. If the
7 State Disbursement Unit determines that an applicant for a
8 civil penalty payment is eligible for the payment, the State
9 Disbursement Unit shall determine the amount of the payment.
10 (Source: P.A. 91-212, eff. 7-20-99.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.
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