State of Illinois
92nd General Assembly

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 1                     AMENDMENT TO HOUSE BILL 31

 2        AMENDMENT NO.     .  Amend House Bill 31 by replacing the
 3    title with the following:
 4        "AN ACT in relation to public aid."; and

 5    by replacing everything after the enacting  clause  with  the
 6    following:

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

 9        (30 ILCS 105/6z-43)
10        Sec. 6z-43. Tobacco Settlement Recovery Fund.
11        (a)  There  is  created  in  the State Treasury a special
12    fund to be known as the  Tobacco  Settlement  Recovery  Fund,
13    into  which  shall  be deposited all monies paid to the State
14    pursuant to (1) the Master Settlement  Agreement  entered  in
15    the case of People of the State of Illinois v. Philip Morris,
16    et  al. (Circuit Court of Cook County, No. 96-L13146) and (2)
17    any settlement with or judgment against any  tobacco  product
18    manufacturer  other  than  one  participating  in  the Master
19    Settlement Agreement in satisfaction of any released claim as
20    defined in the Master Settlement Agreement, as  well  as  any
21    other  monies  as  provided  by  law.   All  earnings on Fund
                            -2-            LRB9200909DJgcam01
 1    investments shall be  deposited  into  the  Fund.   Upon  the
 2    creation  of  the Fund, the State Comptroller shall order the
 3    State Treasurer to transfer into the Fund any monies paid  to
 4    the  State  as  described  in item (1) or (2) of this Section
 5    before the creation of the Fund plus any interest  earned  on
 6    the investment of those monies.  The Treasurer may invest the
 7    moneys  in  the Fund in the same manner, in the same types of
 8    investments, and subject to the same limitations provided  in
 9    the Illinois Pension Code for the investment of pension funds
10    other  than  those  established  under  Article 3 or 4 of the
11    Code.
12        (a-5)  In addition to any other use  authorized  by  law,
13    moneys  in  the  Tobacco  Settlement  Recovery  Fund  may  be
14    appropriated for use in funding personal needs allowances for
15    institutionalized  persons under Section 5-23 of the Illinois
16    Public Aid Code.
17        (b)  As soon as may be practical after June 30, 2001, the
18    State Comptroller shall direct and the State Treasurer  shall
19    transfer  the  unencumbered balance in the Tobacco Settlement
20    Recovery  Fund  as  of  June  30,  2001   into   the   Budget
21    Stabilization  Fund.   The Treasurer may invest the moneys in
22    the Budget Stabilization Fund in the same manner, in the same
23    types of investments, and subject  to  the  same  limitations
24    provided  in  the Illinois Pension Code for the investment of
25    pension funds other than those established under Article 3 or
26    4 of the Code.
27    (Source: P.A. 91-646, eff.  11-19-99;  91-704,  eff.  7-1-00;
28    91-797, eff. 6-9-00; revised 6-28-00.)

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

31        (305 ILCS 5/5-23 new)
32        Sec. 5-23. Personal needs allowance. For a person who  is
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 1    an inpatient in an institution or facility for which payments
 2    are  made  under  this  Article throughout a month and who is
 3    determined to be eligible for medical assistance  under  this
 4    Article,  the  State  shall  pay an amount in addition to the
 5    minimum monthly personal  needs  allowance  authorized  under
 6    Section  1902(q)  of Title XIX of the Social Security Act (42
 7    U.S.C. 1396a(q)), so that the person's total monthly personal
 8    needs allowance from both State and  federal  sources  equals
 9    $50.   The  additional amount paid by the State shall be paid
10    from amounts appropriated for that purpose from  the  Tobacco
11    Settlement Recovery Fund.

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

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