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Public Act 100-0059


Public Act 0059 100TH GENERAL ASSEMBLY



Public Act 100-0059
HB2474 EnrolledLRB100 05945 KTG 15972 b

    AN ACT concerning public aid.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Public Aid Code is amended by
changing Section 12-9.1 as follows:
    (305 ILCS 5/12-9.1)
    Sec. 12-9.1. DHS Recoveries Trust Fund; uses. The DHS
Recoveries Trust Fund shall consist of (1) recoveries
authorized by this Code in respect to applicants or recipients
under Articles III, IV, and VI, including recoveries from the
estates of deceased recipients, (2) payments received by the
Illinois Department of Human Services under Sections 10-3.1,
10-8, 10-10, 10-16, 10-19, and 12-9 that are required by those
Sections to be paid into the DHS Recoveries Trust Fund, (3)
federal financial participation revenue related to eligible
disbursements made by the Illinois Department of Human Services
from appropriations required by this Section, and (4) amounts
received by the Illinois Department of Human Services directly
from federal or State grants and intended to be used to pay a
portion of the Department's administrative expenses associated
with those grants. This Fund shall be held as a special fund in
the State Treasury.
    Disbursements from the Fund shall be only (1) for the
reimbursement of claims collected by the Illinois Department of
Human Services through error or mistake, (2) for payment to
persons or agencies designated as payees or co-payees on any
instrument, whether or not negotiable, delivered to the
Illinois Department of Human Services as a recovery under this
Section, such payment to be in proportion to the respective
interests of the payees in the amount so collected, (3) for
payments to non-recipients, or to former recipients of
financial aid of the collections which are made in their behalf
under Article X, (4) for payment to local governmental units of
support payments collected by the Illinois Department of Human
Services pursuant to an agreement under Section 10-3.1, (5) for
payment of administrative expenses incurred in performing the
activities authorized by Article X, (6) for payment of
administrative expenses associated with the administration of
federal or State grants, (7) for payment of fees to person or
agencies in the performance of activities pursuant to the
collection of moneys owed the State, (8) for payments of any
amounts which are reimbursable to the federal government which
are required to be paid by State warrant by either the State or
federal government, and (9) for disbursements to attorneys or
advocates for legal representation in an appeal of any claim
for federal Supplemental Security Income benefits before an
administrative law judge as provided for in Section 3-13 of
this Code. Disbursements from the Fund for purposes of items
(5), (6), (7), and (9) of this paragraph shall be subject to
appropriations from the Fund to the Illinois Department of
Human Services.
    Any transfers from the Fund that were required to be made
prior to June 19, 2013 (the effective date of Public Act 98-24)
shall not be made.
(Source: P.A. 98-24, eff. 6-19-13.)

Effective Date: 1/1/2018