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1 | AN ACT in relation to public aid.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by changing
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5 | Section 6z-43 as follows:
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6 | (30 ILCS 105/6z-43)
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7 | Sec. 6z-43. Tobacco Settlement Recovery Fund.
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8 | (a) There is created in the State Treasury a special fund | ||||||
9 | to be known
as the Tobacco Settlement Recovery Fund, into which | ||||||
10 | shall be deposited
all monies paid to the State pursuant to (1) | ||||||
11 | the Master Settlement Agreement
entered in the case of People | ||||||
12 | of the State of Illinois v. Philip Morris, et al.
(Circuit | ||||||
13 | Court of Cook County, No. 96-L13146) and (2) any settlement | ||||||
14 | with or
judgment against any tobacco product manufacturer other | ||||||
15 | than one participating
in the Master Settlement Agreement in | ||||||
16 | satisfaction of any released claim as
defined in the Master | ||||||
17 | Settlement Agreement, as well as any other monies as
provided | ||||||
18 | by law. All earnings on Fund investments shall be deposited | ||||||
19 | into
the Fund. Upon the creation of the Fund, the State | ||||||
20 | Comptroller shall order
the State Treasurer to transfer into | ||||||
21 | the Fund any monies paid to the State as
described in item (1) | ||||||
22 | or (2) of this Section before the creation of the Fund
plus any | ||||||
23 | interest earned on the investment of those monies. The |
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1 | Treasurer
may invest the moneys in the Fund in the same manner, | ||||||
2 | in the same types of
investments, and subject to the same | ||||||
3 | limitations provided in the Illinois
Pension Code for the | ||||||
4 | investment of pension funds other than those established
under | ||||||
5 | Article 3 or 4 of the Code.
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6 | (a-5) In addition to any other use authorized by law, | ||||||
7 | moneys in the
Tobacco Settlement Recovery Fund may be | ||||||
8 | appropriated for use in funding
personal needs allowances for | ||||||
9 | institutionalized persons under Section 5-25 of
the Illinois | ||||||
10 | Public Aid Code.
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11 | (b) As soon as may be practical after June 30, 2001, upon | ||||||
12 | notification
from and at the direction of the Governor, the | ||||||
13 | State Comptroller shall direct
and the State Treasurer shall | ||||||
14 | transfer the unencumbered balance in the Tobacco
Settlement | ||||||
15 | Recovery Fund as of June 30, 2001, as determined by the | ||||||
16 | Governor,
into the Budget Stabilization Fund. The Treasurer may | ||||||
17 | invest the moneys in the
Budget Stabilization Fund in the same | ||||||
18 | manner, in the same types of investments,
and subject to the | ||||||
19 | same limitations provided in the Illinois Pension Code for
the | ||||||
20 | investment of pension funds other than those established under | ||||||
21 | Article 3 or
4 of the Code.
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22 | (c) In addition to any other deposits authorized by law, | ||||||
23 | after any delivery
of any bonds as authorized by Section 7.5 of | ||||||
24 | the General Obligation Bond Act
for deposits to the General | ||||||
25 | Revenue Fund and the Budget Stabilization Fund
(referred to as | ||||||
26 | "tobacco securitization general obligation bonds"), the
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1 | Governor shall certify, on or before June 30, 2003 and June 30 | ||||||
2 | of each year
thereafter, to the State Comptroller and State | ||||||
3 | Treasurer the total amount of
principal of, interest on, and | ||||||
4 | premium, if any, due on those bonds in the
next fiscal year | ||||||
5 | beginning with amounts due in fiscal year 2004. As soon as
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6 | practical after the annual payment of tobacco settlement moneys | ||||||
7 | to the Tobacco
Settlement Recovery Fund as described in item | ||||||
8 | (1) of subsection (a), the State
Treasurer and State | ||||||
9 | Comptroller shall transfer from the Tobacco Settlement
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10 | Recovery Fund to the General Obligation Bond Retirement and | ||||||
11 | Interest Fund the
amount certified by the Governor, plus any | ||||||
12 | cumulative deficiency in those
transfers for prior years.
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13 | (d)
(c) All federal financial participation moneys | ||||||
14 | received
pursuant to expenditures from the Fund shall be | ||||||
15 | deposited into the Fund.
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16 | (Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00; | ||||||
17 | 91-797, eff.
6-9-00; 92-11, eff. 6-11-01; 92-16, eff. 6-28-01; | ||||||
18 | 92-596, eff. 6-28-02;
92-597, eff. 6-28-02; revised 9-3-02.)
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19 | Section 10. The Illinois Public Aid Code is amended by | ||||||
20 | adding Section
5-25 as follows:
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21 | (305 ILCS 5/5-25 new)
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22 | Sec. 5-25. Personal needs allowance. For a person who is an | ||||||
23 | inpatient in an
institution or facility for which payments are | ||||||
24 | made under this Article
throughout a month and who is |
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1 | determined to be eligible for medical assistance
under this | ||||||
2 | Article, the State shall pay an amount in addition to the | ||||||
3 | minimum
monthly personal needs allowance authorized
under | ||||||
4 | Section 1902(q) of Title XIX of the Social Security Act (42
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5 | U.S.C. 1396a(q)), so that the person's total monthly personal | ||||||
6 | needs allowance
from
both State and federal sources equals $50. | ||||||
7 | The
additional amount paid by the State shall be paid from | ||||||
8 | amounts appropriated for
that purpose from the
Tobacco | ||||||
9 | Settlement Recovery Fund.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law. |