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HB0618 Engrossed |
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LRB095 03652 WGH 23678 b |
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| AN ACT in relation to public aid.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing
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| Section 6z-43 as follows:
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| (30 ILCS 105/6z-43)
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| Sec. 6z-43. Tobacco Settlement Recovery Fund.
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| (a) There is created in the State Treasury a special fund |
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| to be known
as the Tobacco Settlement Recovery Fund, into which |
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| shall be deposited
all monies paid to the State pursuant to (1) |
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| the Master Settlement Agreement
entered in the case of People |
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| of the State of Illinois v. Philip Morris, et al.
(Circuit |
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| Court of Cook County, No. 96-L13146) and (2) any settlement |
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| with or
judgment against any tobacco product manufacturer other |
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| than one participating
in the Master Settlement Agreement in |
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| satisfaction of any released claim as
defined in the Master |
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| Settlement Agreement, as well as any other monies as
provided |
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| by law. All earnings on Fund investments shall be deposited |
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| into
the Fund. Upon the creation of the Fund, the State |
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| Comptroller shall order
the State Treasurer to transfer into |
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| the Fund any monies paid to the State as
described in item (1) |
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| or (2) of this Section before the creation of the Fund
plus any |
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| interest earned on the investment of those monies. The |
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HB0618 Engrossed |
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LRB095 03652 WGH 23678 b |
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| Treasurer
may invest the moneys in the Fund in the same manner, |
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| in the same types of
investments, and subject to the same |
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| limitations provided in the Illinois
Pension Code for the |
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| investment of pension funds other than those established
under |
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| Article 3 or 4 of the Code.
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| (a-5) In addition to any other use authorized by law, |
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| moneys in the
Tobacco Settlement Recovery Fund may be |
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| appropriated for use in funding
personal needs allowances for |
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| institutionalized persons under Section 5-25 of
the Illinois |
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| Public Aid Code.
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| (b) As soon as may be practical after June 30, 2001, upon |
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| notification
from and at the direction of the Governor, the |
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| State Comptroller shall direct
and the State Treasurer shall |
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| transfer the unencumbered balance in the Tobacco
Settlement |
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| Recovery Fund as of June 30, 2001, as determined by the |
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| Governor,
into the Budget Stabilization Fund. The Treasurer may |
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| invest the moneys in the
Budget Stabilization Fund in the same |
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| manner, in the same types of investments,
and subject to the |
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| same limitations provided in the Illinois Pension Code for
the |
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| investment of pension funds other than those established under |
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| Article 3 or
4 of the Code.
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| (c) In addition to any other deposits authorized by law, |
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| after any delivery
of any bonds as authorized by Section 7.5 of |
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| the General Obligation Bond Act
for deposits to the General |
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| Revenue Fund and the Budget Stabilization Fund
(referred to as |
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| "tobacco securitization general obligation bonds"), the
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HB0618 Engrossed |
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LRB095 03652 WGH 23678 b |
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| Governor shall certify, on or before June 30, 2003 and June 30 |
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| of each year
thereafter, to the State Comptroller and State |
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| Treasurer the total amount of
principal of, interest on, and |
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| premium, if any, due on those bonds in the
next fiscal year |
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| beginning with amounts due in fiscal year 2004. As soon as
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| practical after the annual payment of tobacco settlement moneys |
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| to the Tobacco
Settlement Recovery Fund as described in item |
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| (1) of subsection (a), the State
Treasurer and State |
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| Comptroller shall transfer from the Tobacco Settlement
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| Recovery Fund to the General Obligation Bond Retirement and |
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| Interest Fund the
amount certified by the Governor, plus any |
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| cumulative deficiency in those
transfers for prior years.
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| (d)
(c) All federal financial participation moneys |
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| received
pursuant to expenditures from the Fund shall be |
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| deposited into the Fund.
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| (Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00; |
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| 91-797, eff.
6-9-00; 92-11, eff. 6-11-01; 92-16, eff. 6-28-01; |
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| 92-596, eff. 6-28-02;
92-597, eff. 6-28-02; revised 9-3-02.)
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| Section 10. The Illinois Public Aid Code is amended by |
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| adding Section
5-25 as follows:
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| (305 ILCS 5/5-25 new)
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| Sec. 5-25. Personal needs allowance. For a person who is an |
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| inpatient in an
institution or facility for which payments are |
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| made under this Article
throughout a month and who is |
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HB0618 Engrossed |
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LRB095 03652 WGH 23678 b |
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| determined to be eligible for medical assistance
under this |
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| Article, the State shall pay an amount in addition to the |
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| minimum
monthly personal needs allowance authorized
under |
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| Section 1902(q) of Title XIX of the Social Security Act (42
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| U.S.C. 1396a(q)), so that the person's total monthly personal |
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| needs allowance
from
both State and federal sources equals $50. |
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| The
additional amount paid by the State shall be paid from |
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| amounts appropriated for
that purpose from the
Tobacco |
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| Settlement Recovery Fund.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |