Full Text of HB0390 094th General Assembly
HB0390 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0390
Introduced 1/25/2005, by Rep. Larry McKeon SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/6z-43 |
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305 ILCS 5/5-25 new |
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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 $60. Provides that the
additional amount is to be paid from amounts appropriated for that purpose from the
Tobacco Settlement Recovery Fund. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0390 |
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LRB094 06409 DRJ 36495 b |
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| AN ACT in relation to public aid.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing
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| Section 6z-43 as follows:
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| (30 ILCS 105/6z-43)
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| Sec. 6z-43. Tobacco Settlement Recovery Fund.
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| (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 | 24 |
| Treasurer
may invest the moneys in the Fund in the same manner, | 25 |
| in the same types of
investments, and subject to the same | 26 |
| limitations provided in the Illinois
Pension Code for the | 27 |
| investment of pension funds other than those established
under | 28 |
| Article 3 or 4 of the Code.
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| (a-5) In addition to any other use authorized by law, | 30 |
| moneys in the
Tobacco Settlement Recovery Fund may be | 31 |
| appropriated for use in funding
personal needs allowances for | 32 |
| institutionalized persons under Section 5-25 of
the Illinois |
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HB0390 |
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LRB094 06409 DRJ 36495 b |
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| Public Aid Code.
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| (b) As soon as may be practical after June 30, 2001, upon | 3 |
| notification
from and at the direction of the Governor, the | 4 |
| State Comptroller shall direct
and the State Treasurer shall | 5 |
| transfer the unencumbered balance in the Tobacco
Settlement | 6 |
| Recovery Fund as of June 30, 2001, as determined by the | 7 |
| Governor,
into the Budget Stabilization Fund. The Treasurer may | 8 |
| invest the moneys in the
Budget Stabilization Fund in the same | 9 |
| manner, in the same types of investments,
and subject to the | 10 |
| same limitations provided in the Illinois Pension Code for
the | 11 |
| investment of pension funds other than those established under | 12 |
| Article 3 or
4 of the Code.
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| (c) In addition to any other deposits authorized by law, | 14 |
| after any delivery
of any bonds as authorized by Section 7.5 of | 15 |
| the General Obligation Bond Act
for deposits to the General | 16 |
| Revenue Fund and the Budget Stabilization Fund
(referred to as | 17 |
| "tobacco securitization general obligation bonds"), the
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| Governor shall certify, on or before June 30, 2003 and June 30 | 19 |
| of each year
thereafter, to the State Comptroller and State | 20 |
| Treasurer the total amount of
principal of, interest on, and | 21 |
| premium, if any, due on those bonds in the
next fiscal year | 22 |
| beginning with amounts due in fiscal year 2004. As soon as
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| practical after the annual payment of tobacco settlement moneys | 24 |
| to the Tobacco
Settlement Recovery Fund as described in item | 25 |
| (1) of subsection (a), the State
Treasurer and State | 26 |
| Comptroller shall transfer from the Tobacco Settlement
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| Recovery Fund to the General Obligation Bond Retirement and | 28 |
| Interest Fund the
amount certified by the Governor, plus any | 29 |
| cumulative deficiency in those
transfers for prior years.
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| (d)
(c) All federal financial participation moneys | 31 |
| received
pursuant to expenditures from the Fund shall be | 32 |
| deposited into the Fund.
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| (Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00; | 34 |
| 91-797, eff.
6-9-00; 92-11, eff. 6-11-01; 92-16, eff. 6-28-01; | 35 |
| 92-596, eff. 6-28-02;
92-597, eff. 6-28-02; revised 9-3-02.)
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HB0390 |
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LRB094 06409 DRJ 36495 b |
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| Section 10. The Illinois Public Aid Code is amended by | 2 |
| adding Section
5-25 as follows:
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| (305 ILCS 5/5-25 new)
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| Sec. 5-25. Personal needs allowance. For a person who is an | 5 |
| inpatient in an
institution or facility for which payments are | 6 |
| made under this Article
throughout a month and who is | 7 |
| determined to be eligible for medical assistance
under this | 8 |
| Article, the State shall pay an amount in addition to the | 9 |
| minimum
monthly personal needs allowance authorized
under | 10 |
| Section 1902(q) of Title XIX of the Social Security Act (42
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| U.S.C. 1396a(q)), so that the person's total monthly personal | 12 |
| needs allowance
from
both State and federal sources equals $60. | 13 |
| The
additional amount paid by the State shall be paid from | 14 |
| amounts appropriated for
that purpose from the
Tobacco | 15 |
| Settlement Recovery Fund.
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law. |
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