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| 1 | AN ACT concerning public aid. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 5. The Illinois Public Aid Code is amended by | |||||||||||||||||||
| 5 | changing Section 11-3.1 as follows: | |||||||||||||||||||
| 6 | (305 ILCS 5/11-3.1) (from Ch. 23, par. 11-3.1) | |||||||||||||||||||
| 7 | Sec. 11-3.1. Any recipient of financial aid which is | |||||||||||||||||||
| 8 | payable to the recipient at regular intervals may elect to | |||||||||||||||||||
| 9 | have the aid deposited, and the Illinois Department of Human | |||||||||||||||||||
| 10 | Services is authorized to deposit the aid, directly in the | |||||||||||||||||||
| 11 | recipient's savings account or checking account or in any | |||||||||||||||||||
| 12 | electronic benefits transfer account or accounts in a | |||||||||||||||||||
| 13 | financial institution approved by the Illinois Department of | |||||||||||||||||||
| 14 | Human Services and in accordance with the rules and | |||||||||||||||||||
| 15 | regulations of the Department of Human Services. The Illinois | |||||||||||||||||||
| 16 | Department of Human Services and any electronic benefits | |||||||||||||||||||
| 17 | transfer financial institutions or contractor shall encourage | |||||||||||||||||||
| 18 | financial institutions to provide checking account and savings | |||||||||||||||||||
| 19 | account services to recipients of public aid. | |||||||||||||||||||
| 20 | Any recipient of financial aid or benefits distributed by | |||||||||||||||||||
| 21 | means other than electronic benefits transfer under Articles | |||||||||||||||||||
| 22 | III, IV, and VI of this Code may elect to receive the aid by | |||||||||||||||||||
| 23 | means of direct deposit transmittals to his or her account | |||||||||||||||||||
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| 1 | maintained at a bank, savings and loan association, or credit | ||||||
| 2 | union or by means of electronic benefits transfer in a | ||||||
| 3 | financial institution approved by the Illinois Department of | ||||||
| 4 | Human Services and in accordance with rules and regulations of | ||||||
| 5 | the Illinois Department of Human Services. The Illinois | ||||||
| 6 | Department of Human Services may distribute financial aid or | ||||||
| 7 | food stamp benefits by means of electronic benefits transfer | ||||||
| 8 | and may require recipients to receive financial aid or food | ||||||
| 9 | stamp benefits by means of electronic benefits transfer, | ||||||
| 10 | provided that any electronic benefits transfer made under this | ||||||
| 11 | Section shall be accomplished in compliance with the | ||||||
| 12 | Electronic Fund Transfer Act and any relevant rules | ||||||
| 13 | promulgated thereunder. The Illinois Department of Human | ||||||
| 14 | Services may provide for a method of compensation for services | ||||||
| 15 | in accordance with the rules and regulations of the Illinois | ||||||
| 16 | Department of Human Services, the United States Department of | ||||||
| 17 | Agriculture, the United States Department of Health and Human | ||||||
| 18 | Services, and the State Comptroller and the State Treasurer. | ||||||
| 19 | The Illinois Department of Human Services shall require a | ||||||
| 20 | convenient density of distribution points for recipients of | ||||||
| 21 | public aid to have adequate options to access aid held in an | ||||||
| 22 | electronic benefits transfer account. No fee may be charged to | ||||||
| 23 | recipients for reasonable access to public aid benefits held | ||||||
| 24 | in such an account. Deposits into a financial institution for | ||||||
| 25 | electronic benefits transfer accounts shall be subject to | ||||||
| 26 | community reinvestment and to serving public benefits | ||||||
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| 1 | recipients pursuant to relevant criteria of the State | ||||||
| 2 | Treasurer, Comptroller, and the Illinois Department of Human | ||||||
| 3 | Services. The Electronic Benefits Transfer Fund is hereby | ||||||
| 4 | created for the purpose of electronically disbursing public | ||||||
| 5 | aid benefits. | ||||||
| 6 | The electronic benefits transfer contractor shall inform | ||||||
| 7 | the Department of Human Services whenever it has distributed | ||||||
| 8 | financial aid to individuals by means of electronic benefits | ||||||
| 9 | transfer. The Illinois Department of Human Services shall | ||||||
| 10 | determine the amount to be reimbursed to the contractor and | ||||||
| 11 | shall direct the State Treasurer to transfer this portion of | ||||||
| 12 | the amount previously vouchered by the Department of Human | ||||||
| 13 | Services and approved by the Comptroller pursuant to Section | ||||||
| 14 | 9.05(c) of the State Comptroller Act to the contractor from | ||||||
| 15 | the Electronic Benefits Transfer Fund created under Section | ||||||
| 16 | 9.05(b) of the State Comptroller Act in accordance with the | ||||||
| 17 | rules and regulations of the Illinois Department of Human | ||||||
| 18 | Services, the United States Department of Agriculture, the | ||||||
| 19 | United States Department of Health and Human Services, the | ||||||
| 20 | State Comptroller, and the State Treasurer. | ||||||
| 21 | To the extent permitted under federal law and regulations, | ||||||
| 22 | the Department of Human Services shall, as soon as practical | ||||||
| 23 | after the effective date of this amendatory Act of the 104th | ||||||
| 24 | General Assembly but not later than March 1, 2027, implement | ||||||
| 25 | an electronic benefits transfer system that uses | ||||||
| 26 | industry-standard commercial electronic funds transfer | ||||||
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| 1 | technology, including, at a minimum, the use of cards with EMV | ||||||
| 2 | chips. | ||||||
| 3 | (Source: P.A. 95-331, eff. 8-21-07.) | ||||||