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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.