HB0390 94TH GENERAL ASSEMBLY

LRB094 06409 DRJ 36495 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0390

Introduced 1/25/2005, by Rep. Larry McKeon

SYNOPSIS AS INTRODUCED:

30 ILCS 105/6z-43
305 ILCS 5/5-25 new

Amends the State Finance Act and the Medicaid Article of the Illinois Public Aid Code. Provides for a minimum monthly personal needs allowance for institutionalized persons who are eligible for Medicaid. Provides that the State shall pay an amount in addition to the minimum monthly personal needs allowance authorized under the Social Security Act, so that the person's total monthly personal needs allowance from both State and federal sources equals $60. Provides that the additional amount is to be paid from amounts appropriated for that purpose from the Tobacco Settlement Recovery Fund. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by changing Section 6z-43 as follows:

(30 ILCS 105/6z-43)

Sec. 6z-43. Tobacco Settlement Recovery Fund.

(a) There is created in the State Treasury a special fund to be known as the Tobacco Settlement Recovery Fund, into which shall be deposited all monies paid to the State pursuant to (1) the Master Settlement Agreement entered in the case of People of the State of Illinois v. Philip Morris, et al. (Circuit Court of Cook County, No. 96-L13146) and (2) any settlement with or judgment against any tobacco product manufacturer other than one participating in the Master Settlement Agreement in satisfaction of any released claim as defined in the Master Settlement Agreement, as well as any other monies as provided by law. All earnings on Fund investments shall be deposited into the Fund. Upon the creation of the Fund, the State Comptroller shall order the State Treasurer to transfer into the Fund any monies paid to the State as described in item (1) or (2) of this Section before the creation of the Fund plus any interest earned on the investment of those monies. The Treasurer may invest the moneys in the Fund in the same manner, in the same types of investments, and subject to the same limitations provided in the Illinois Pension Code for the investment of pension funds other than those established under Article 3 or 4 of the Code.

(a-5) In addition to any other use authorized by law, moneys in the Tobacco Settlement Recovery Fund may be appropriated for use in funding personal needs allowances for institutionalized persons under Section 5-25 of the Illinois Public Aid Code.

(b) As soon as may be practical after June 30, 2001, upon notification from and at the direction of the Governor, the State Comptroller shall direct and the State Treasurer shall transfer the unencumbered balance in the Tobacco Settlement Recovery Fund as of June 30, 2001, as determined by the Governor, into the Budget Stabilization Fund. The Treasurer may invest the moneys in the Budget Stabilization Fund in the same manner, in the same types of investments, and subject to the same limitations provided in the Illinois Pension Code for the investment of pension funds other than those established under Article 3 or 4 of the Code.

(c) In addition to any other deposits authorized by law, after any delivery of any bonds as authorized by Section 7.5 of the General Obligation Bond Act for deposits to the General Revenue Fund and the Budget Stabilization Fund (referred to as "tobacco securitization general obligation bonds"), the Governor shall certify, on or before June 30, 2003 and June 30 of each year thereafter, to the State Comptroller and State Treasurer the total amount of principal of, interest on, and premium, if any, due on those bonds in the next fiscal year beginning with amounts due in fiscal year 2004. As soon as practical after the annual payment of tobacco settlement moneys to the Tobacco Settlement Recovery Fund as described in item (1) of subsection (a), the State Treasurer and State Comptroller shall transfer from the Tobacco Settlement Recovery Fund to the General Obligation Bond Retirement and Interest Fund the amount certified by the Governor, plus any cumulative deficiency in those transfers for prior years.

(d) (c) All federal financial participation moneys received pursuant to expenditures from the Fund shall be deposited into the Fund.

(Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00; 91-797, eff. 6-9-00; 92-11, eff. 6-11-01; 92-16, eff. 6-28-01; 92-596, eff. 6-28-02; 92-597, eff. 6-28-02; revised 9-3-02.)

Section 10. The Illinois Public Aid Code is amended by adding Section 5-25 as follows:

(305 ILCS 5/5-25 new)

Sec. 5-25. Personal needs allowance. For a person who is an inpatient in an institution or facility for which payments are made under this Article throughout a month and who is determined to be eligible for medical assistance under this Article, the State shall pay an amount in addition to the minimum monthly personal needs allowance authorized under Section 1902(q) of Title XIX of the Social Security Act (42 U.S.C. 1396a(q)), so that the person's total monthly personal needs allowance from both State and federal sources equals $60. The additional amount paid by the State shall be paid from amounts appropriated for that purpose from the Tobacco Settlement Recovery Fund.

Section 99. Effective date. This Act takes effect upon becoming law.