Public Act 90-0255 of the 90th General Assembly
Public Act 90-0255
SB684 Enrolled LRB9002983DJcd
AN ACT to amend the Illinois Public Aid Code by changing
Sections 12-9 and 12-11.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Sections 12-9 and 12-11 as follows:
(305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
Sec. 12-9. Public Assistance Recoveries Trust Fund;
uses. The Public Assistance Recoveries Trust Fund, to be held
by the State Treasurer as ex-officio custodian outside the
State Treasury, shall consist of recoveries authorized by
this Code in respect to applicants or recipients under
Articles III, IV, V, VI and VII, including recoveries from
the estates of deceased recipients, and payments received by
the Illinois Department under Sections 10-3.1, 10-8, 10-10,
10-16, and 10-19 except those pursuant to the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act and required to be paid into the Child Support
Enforcement Trust Fund under Section 12-10.2 of this Code,
that are required by such Sections to be paid into the Public
Assistance Recoveries Trust Fund. Until July 1, 1998, this
fund shall be held by the State treasurer as ex-officio
custodian outside the State treasury. After June 30, 1998,
the fund shall be held as a special fund in the State
treasury.
Disbursements from this fund shall be only (1) for the
reimbursement of claims collected by the Illinois Department
through error or mistake, (2) for payment to persons or
agencies designated as payees or co-payees on any instrument,
whether or not negotiable, delivered to the Illinois
Department as a recovery under this Section, such payment to
be in proportion to the respective interests of the payees in
the amount so collected, (3) for payments to non-recipients,
or to former recipients of financial aid of the collections
which are made in their behalf under Article X except those
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act required to be paid
from the Child Support Enforcement Trust Fund under Section
12-10.2 of this Code, (4) for payment to local governmental
units of support payments collected by the Illinois
Department pursuant to an agreement under Section 10-3.1, (5)
for payment of administrative expenses incurred in performing
the activities authorized by Article X except those pursuant
to the Child Support Enforcement Program established by Title
IV-D of the Social Security Act required to be paid from the
Child Support Enforcement Trust Fund under Section 12-10.2 of
this Code, (6) for payment of fees to persons or agencies in
the performance of activities pursuant to the collection of
monies owed the State except those monies pursuant to the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act required to be paid from the Child
Support Enforcement Trust Fund under Section 12-10.2 of this
Code, (7) for payments of any amounts which are reimbursable
to the Federal government which are required to be paid by
State warrant by either the State or Federal government and
(8) for disbursements to attorneys or advocates for legal
representation in an appeal of any claim for federal
Supplemental Security Income benefits before an
administrative law judge as provided for in Section 3-13 of
this Code. Until July 1, 1998, disbursements from this fund
shall be by warrants drawn by the State Comptroller as
receipt of vouchers duly executed and certified by the
Illinois Department. After June 30, 1998, disbursements from
this fund for purposes of items (5), (6), and (8) of this
paragraph shall be subject to appropriations from the fund to
the Illinois Department.
The balance in this fund on the first day of each
calendar quarter, after payment therefrom of any amounts
reimbursable to the Federal Government, and minus the amount
reasonably anticipated to be needed to make the disbursements
during that quarter authorized by this Section, shall be
certified by the Director of the Illinois Department and
transferred by the State Comptroller to the General Revenue
Fund in the State Treasury within 30 days of the first day of
each calendar quarter.
(Source: P.A. 84-1308.)
(305 ILCS 5/12-11) (from Ch. 23, par. 12-11)
Sec. 12-11. Deposits by State Treasurer.) The State
Treasurer shall deposit moneys received by him as ex-officio
custodian of the Public Assistance Recoveries Trust Fund
(until July 1, 1998), the Child Support Enforcement Trust
Fund and the Special Purposes Trust Fund in banks or savings
and loan associations which have been approved by him as
State Depositaries under the Deposit of State Moneys Act "An
Act in relation to State Moneys", approved June 28, 1919, as
amended, and with respect to such moneys shall be entitled to
the same rights and privileges as are provided by such Act
with respect to moneys in the treasury of the State of
Illinois.
(Source: P.A. 83-1126.)