State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

90_SB0684eng

      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 Engrossed                                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
SB684 Engrossed             -2-                LRB9002983DJcd
 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
SB684 Engrossed             -3-                LRB9002983DJcd
 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.)

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