100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2474

 

Introduced , by Rep. Tom Demmer

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/12-9.1

    Amends the Illinois Public Aid Code. Prohibits certain transfers from the DHS Recoveries Trust Fund that were required to be made prior to June 19, 2013.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 12-9.1 as follows:
 
6    (305 ILCS 5/12-9.1)
7    Sec. 12-9.1. DHS Recoveries Trust Fund; uses. The DHS
8Recoveries Trust Fund shall consist of (1) recoveries
9authorized by this Code in respect to applicants or recipients
10under Articles III, IV, and VI, including recoveries from the
11estates of deceased recipients, (2) payments received by the
12Illinois Department of Human Services under Sections 10-3.1,
1310-8, 10-10, 10-16, 10-19, and 12-9 that are required by those
14Sections to be paid into the DHS Recoveries Trust Fund, (3)
15federal financial participation revenue related to eligible
16disbursements made by the Illinois Department of Human Services
17from appropriations required by this Section, and (4) amounts
18received by the Illinois Department of Human Services directly
19from federal or State grants and intended to be used to pay a
20portion of the Department's administrative expenses associated
21with those grants. This Fund shall be held as a special fund in
22the State Treasury.
23    Disbursements from the Fund shall be only (1) for the

 

 

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1reimbursement of claims collected by the Illinois Department of
2Human Services through error or mistake, (2) for payment to
3persons or agencies designated as payees or co-payees on any
4instrument, whether or not negotiable, delivered to the
5Illinois Department of Human Services as a recovery under this
6Section, such payment to be in proportion to the respective
7interests of the payees in the amount so collected, (3) for
8payments to non-recipients, or to former recipients of
9financial aid of the collections which are made in their behalf
10under Article X, (4) for payment to local governmental units of
11support payments collected by the Illinois Department of Human
12Services pursuant to an agreement under Section 10-3.1, (5) for
13payment of administrative expenses incurred in performing the
14activities authorized by Article X, (6) for payment of
15administrative expenses associated with the administration of
16federal or State grants, (7) for payment of fees to person or
17agencies in the performance of activities pursuant to the
18collection of moneys owed the State, (8) for payments of any
19amounts which are reimbursable to the federal government which
20are required to be paid by State warrant by either the State or
21federal government, and (9) for disbursements to attorneys or
22advocates for legal representation in an appeal of any claim
23for federal Supplemental Security Income benefits before an
24administrative law judge as provided for in Section 3-13 of
25this Code. Disbursements from the Fund for purposes of items
26(5), (6), (7), and (9) of this paragraph shall be subject to

 

 

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1appropriations from the Fund to the Illinois Department of
2Human Services.
3    Any transfers from the Fund that were required to be made
4prior to June 19, 2013 (the effective date of Public Act 98-24)
5shall not be made.
6(Source: P.A. 98-24, eff. 6-19-13.)