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91_HB2921
LRB9109296DJcd
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
-2- LRB9109296DJcd
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) If the State Disbursement Unit fails to disburse a
16 support payment to the person entitled to the payment within
17 3 business days after the State Disbursement Unit receives
18 the payment, then that person is entitled to a civil penalty
19 payment in addition to the support payment. The amount of
20 the civil penalty payment shall be 3% of the amount of the
21 support payment that was not disbursed within 3 business
22 days. A person entitled to a civil penalty payment must
23 apply to the State Disbursement Unit for the payment. The
24 State Disbursement Unit shall determine whether an applicant
25 for a civil penalty payment is eligible for the payment and,
26 if the applicant is eligible, shall determine the amount of
27 the payment. A person is entitled to a civil penalty payment
28 under this subsection for each support payment that was not
29 disbursed to the person within 3 business days after its
30 receipt by the State Disbursement Unit.
31 (Source: P.A. 91-212, eff. 7-20-99.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.