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91_HB4035
LRB9111975DJtm
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 State Disbursement Unit shall collect and
16 disburse support payments made under court and administrative
17 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 child and spouse support
22 services are not being provided under this Article X and
23 in which support payments are made under the provisions
24 of the Income Withholding for Support Act.
25 (a-5) If the State Disbursement Unit receives a support
26 payment that was not appropriately made to the Unit under
27 this Section, the Unit shall immediately return the payment
28 to the sender, including, if possible, instructions detailing
29 where to send the support payments.
30 (b) All payments received by the State Disbursement
31 Unit:
-2- LRB9111975DJtm
1 (1) shall be deposited into an account obtained by
2 the State or local governmental unit or private entity,
3 as the case may be, and
4 (2) distributed and disbursed by the State
5 Disbursement Unit, in accordance with the directions of
6 the Illinois Department, pursuant to Title IV-D of the
7 Social Security Act and rules promulgated by the
8 Department.
9 (c) All support payments assigned to the Illinois
10 Department under Article X of this Code and rules promulgated
11 by the Illinois Department that are disbursed to the Illinois
12 Department by the State Disbursement Unit shall be paid into
13 the Child Support Enforcement Trust Fund.
14 (d) If the agreement with the State or local
15 governmental unit or private entity provided for in this
16 Section is not in effect for any reason, the Department shall
17 perform the functions of the State Disbursement Unit as set
18 forth in this Section for a maximum of 12 months.
19 (e) By February 1, 2000, the Illinois Department shall
20 conduct at least 4 regional training and educational seminars
21 to educate the clerks of the circuit court on the general
22 operation of the State Disbursement Unit, the role of the
23 State Disbursement Unit, and the role of the clerks of the
24 circuit court in the collection and distribution of child
25 support payments.
26 (f) By March 1, 2000, the Illinois Department shall
27 conduct at least 4 regional educational and training seminars
28 to educate payors, as defined in the Income Withholding for
29 Support Act, on the general operation of the State
30 Disbursement Unit, the role of the State Disbursement Unit,
31 and the distribution of income withholding payments pursuant
32 to this Section and the Income Withholding for Support Act.
33 (g) If the State Disbursement Unit fails to disburse a
34 support payment to the person entitled to the payment within
-3- LRB9111975DJtm
1 2 business days after the State Disbursement Unit receives
2 the payment, then that person is entitled to a civil penalty
3 payment in addition to the support payment. The amount of
4 the civil penalty payment shall be 2% of the amount of the
5 support payment that was not disbursed within 2 business
6 days. A person entitled to a civil penalty payment must
7 apply to the State Disbursement Unit for the payment. The
8 State Disbursement Unit shall determine whether an applicant
9 for a civil penalty payment is eligible for the payment and,
10 if the applicant is eligible, shall determine the amount of
11 the payment. A person is entitled to a civil penalty payment
12 under this subsection for each support payment that was not
13 disbursed to the person within 2 business days after its
14 receipt by the State Disbursement Unit.
15 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.