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90_SB0684enr
305 ILCS 5/12-9 from Ch. 23, par. 12-9
305 ILCS 5/12-11 from Ch. 23, par. 12-11
Amends the Public Aid Code. Provides that after June 30,
1998, the Public Assistance Recoveries Trust Fund (now held
by the State Treasurer as ex officio custodian outside the
State treasury) shall be held as a special fund in the State
treasury. Provides that after June 30, 1998, disbursements
from the fund (now by warrants drawn by the State Comptroller
on vouchers from the Department of Public Aid) shall be
subject to appropriations from the fund to the Department of
Public Aid.
LRB9002983DJcd
SB684 Enrolled LRB9002983DJcd
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Sections 12-9 and 12-11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Sections 12-9 and 12-11 as follows:
7 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
8 Sec. 12-9. Public Assistance Recoveries Trust Fund;
9 uses. The Public Assistance Recoveries Trust Fund, to be held
10 by the State Treasurer as ex-officio custodian outside the
11 State Treasury, shall consist of recoveries authorized by
12 this Code in respect to applicants or recipients under
13 Articles III, IV, V, VI and VII, including recoveries from
14 the estates of deceased recipients, and payments received by
15 the Illinois Department under Sections 10-3.1, 10-8, 10-10,
16 10-16, and 10-19 except those pursuant to the Child Support
17 Enforcement Program established by Title IV-D of the Social
18 Security Act and required to be paid into the Child Support
19 Enforcement Trust Fund under Section 12-10.2 of this Code,
20 that are required by such Sections to be paid into the Public
21 Assistance Recoveries Trust Fund. Until July 1, 1998, this
22 fund shall be held by the State treasurer as ex-officio
23 custodian outside the State treasury. After June 30, 1998,
24 the fund shall be held as a special fund in the State
25 treasury.
26 Disbursements from this fund shall be only (1) for the
27 reimbursement of claims collected by the Illinois Department
28 through error or mistake, (2) for payment to persons or
29 agencies designated as payees or co-payees on any instrument,
30 whether or not negotiable, delivered to the Illinois
31 Department as a recovery under this Section, such payment to
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1 be in proportion to the respective interests of the payees in
2 the amount so collected, (3) for payments to non-recipients,
3 or to former recipients of financial aid of the collections
4 which are made in their behalf under Article X except those
5 pursuant to the Child Support Enforcement Program established
6 by Title IV-D of the Social Security Act required to be paid
7 from the Child Support Enforcement Trust Fund under Section
8 12-10.2 of this Code, (4) for payment to local governmental
9 units of support payments collected by the Illinois
10 Department pursuant to an agreement under Section 10-3.1, (5)
11 for payment of administrative expenses incurred in performing
12 the activities authorized by Article X except those pursuant
13 to the Child Support Enforcement Program established by Title
14 IV-D of the Social Security Act required to be paid from the
15 Child Support Enforcement Trust Fund under Section 12-10.2 of
16 this Code, (6) for payment of fees to persons or agencies in
17 the performance of activities pursuant to the collection of
18 monies owed the State except those monies pursuant to the
19 Child Support Enforcement Program established by Title IV-D
20 of the Social Security Act required to be paid from the Child
21 Support Enforcement Trust Fund under Section 12-10.2 of this
22 Code, (7) for payments of any amounts which are reimbursable
23 to the Federal government which are required to be paid by
24 State warrant by either the State or Federal government and
25 (8) for disbursements to attorneys or advocates for legal
26 representation in an appeal of any claim for federal
27 Supplemental Security Income benefits before an
28 administrative law judge as provided for in Section 3-13 of
29 this Code. Until July 1, 1998, disbursements from this fund
30 shall be by warrants drawn by the State Comptroller as
31 receipt of vouchers duly executed and certified by the
32 Illinois Department. After June 30, 1998, disbursements from
33 this fund for purposes of items (5), (6), and (8) of this
34 paragraph shall be subject to appropriations from the fund to
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1 the Illinois Department.
2 The balance in this fund on the first day of each
3 calendar quarter, after payment therefrom of any amounts
4 reimbursable to the Federal Government, and minus the amount
5 reasonably anticipated to be needed to make the disbursements
6 during that quarter authorized by this Section, shall be
7 certified by the Director of the Illinois Department and
8 transferred by the State Comptroller to the General Revenue
9 Fund in the State Treasury within 30 days of the first day of
10 each calendar quarter.
11 (Source: P.A. 84-1308.)
12 (305 ILCS 5/12-11) (from Ch. 23, par. 12-11)
13 Sec. 12-11. Deposits by State Treasurer.) The State
14 Treasurer shall deposit moneys received by him as ex-officio
15 custodian of the Public Assistance Recoveries Trust Fund
16 (until July 1, 1998), the Child Support Enforcement Trust
17 Fund and the Special Purposes Trust Fund in banks or savings
18 and loan associations which have been approved by him as
19 State Depositaries under the Deposit of State Moneys Act "An
20 Act in relation to State Moneys", approved June 28, 1919, as
21 amended, and with respect to such moneys shall be entitled to
22 the same rights and privileges as are provided by such Act
23 with respect to moneys in the treasury of the State of
24 Illinois.
25 (Source: P.A. 83-1126.)