95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1933

 

Introduced 1/16/2008, by Sen. Kimberly A. Lightford

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/6z-43
305 ILCS 5/5-27 new

    Amends the State Finance Act and the Medicaid Article of the Illinois Public Aid Code. Provides for a minimum monthly personal needs allowance for institutionalized persons who are eligible for Medicaid. Provides that the State shall pay an amount in addition to the minimum monthly personal needs allowance authorized under the Social Security Act, so that the person's total monthly personal needs allowance from both State and federal sources equals $50. Provides that the additional amount may be paid from amounts appropriated for that purpose from the Tobacco Settlement Recovery Fund. Effective immediately.


LRB095 16839 DRJ 42877 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1933 LRB095 16839 DRJ 42877 b

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 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.
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 5-27 of the Illinois
10 Public Aid Code.
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.
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
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
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.
13     (d) All federal financial participation moneys received
14 pursuant to expenditures from the Fund shall be deposited into
15 the Fund.
16 (Source: P.A. 95-331, eff. 8-21-07.)
 
17     Section 10. The Illinois Public Aid Code is amended by
18 adding Section 5-27 as follows:
 
19     (305 ILCS 5/5-27 new)
20     Sec. 5-27. Personal needs allowance. For a person who is an
21 inpatient in an institution or facility for which payments are
22 made under this Article throughout a month and who is
23 determined to be eligible for medical assistance under this
24 Article, the State shall pay an amount in addition to the

 

 

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1 minimum monthly personal needs allowance authorized under
2 Section 1902(q) of Title XIX of the Social Security Act (42
3 U.S.C. 1396a(q)), so that the person's total monthly personal
4 needs allowance from both State and federal sources equals $50.
5 The additional amount paid by the State may be paid from
6 amounts appropriated for that purpose from the Tobacco
7 Settlement Recovery Fund.
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.