State of Illinois
92nd General Assembly

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[ Engrossed ][ House Amendment 001 ]



 1        AN ACT in relation to public aid.

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

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

 6        (30 ILCS 105/6z-43)
 7        Sec. 6z-43. Tobacco Settlement Recovery Fund.
 8        (a)  There is created in the  State  Treasury  a  special
 9    fund  to  be  known  as the Tobacco Settlement Recovery Fund,
10    into which shall be deposited all monies paid  to  the  State
11    pursuant  to  (1)  the Master Settlement Agreement entered in
12    the case of People of the State of Illinois v. Philip Morris,
13    et al. (Circuit Court of Cook County, No. 96-L13146) and  (2)
14    any  settlement  with or judgment against any tobacco product
15    manufacturer other  than  one  participating  in  the  Master
16    Settlement Agreement in satisfaction of any released claim as
17    defined  in  the  Master Settlement Agreement, as well as any
18    other monies as  provided  by  law.   All  earnings  on  Fund
19    investments  shall  be  deposited  into  the  Fund.  Upon the
20    creation of the Fund, the State Comptroller shall  order  the
21    State  Treasurer to transfer into the Fund any monies paid to
22    the State as described in item (1) or  (2)  of  this  Section
23    before  the  creation of the Fund plus any interest earned on
24    the investment of those monies.  The Treasurer may invest the
25    moneys in the Fund in the same manner, in the same  types  of
26    investments,  and subject to the same limitations provided in
27    the Illinois Pension Code for the investment of pension funds
28    other than those established under Article  3  or  4  of  the
29    Code.
30        (a-5)  In  addition  to  any other use authorized by law,
31    moneys  in  the  Tobacco  Settlement  Recovery  Fund  may  be
                            -2-                LRB9200909DJgc
 1    appropriated for use in funding personal needs allowances for
 2    institutionalized persons under Section 5-23 of the  Illinois
 3    Public Aid Code.
 4        (b)  As soon as may be practical after June 30, 2001, the
 5    State  Comptroller shall direct and the State Treasurer shall
 6    transfer the unencumbered balance in the  Tobacco  Settlement
 7    Recovery   Fund   as   of  June  30,  2001  into  the  Budget
 8    Stabilization Fund.  The Treasurer may invest the  moneys  in
 9    the Budget Stabilization Fund in the same manner, in the same
10    types  of  investments,  and  subject to the same limitations
11    provided in the Illinois Pension Code for the  investment  of
12    pension funds other than those established under Article 3 or
13    4 of the Code.
14    (Source:  P.A.  91-646,  eff.  11-19-99; 91-704, eff. 7-1-00;
15    91-797, eff. 6-9-00; revised 6-28-00.)

16        Section 10. The Illinois Public Aid Code  is  amended  by
17    adding Section 5-23 as follows:

18        (305 ILCS 5/5-23 new)
19        Sec.  5-23. Personal needs allowance. For a person who is
20    an inpatient in an institution or facility for which payments
21    are made under this Article throughout a  month  and  who  is
22    determined  to  be eligible for medical assistance under this
23    Article, the minimum monthly  personal  needs  allowance,  as
24    authorized  under  Section 1902(g) of Title XIX of the Social
25    Security Act, is $50.   The  allowance  shall  be  paid  from
26    amounts  appropriated  for  that  purpose  from  the  Tobacco
27    Settlement Recovery Fund.

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

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