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92_HB0031ham001
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1 AMENDMENT TO HOUSE BILL 31
2 AMENDMENT NO. . Amend House Bill 31 by replacing the
3 title with the following:
4 "AN ACT in relation to public aid."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The State Finance Act is amended by changing
8 Section 6z-43 as follows:
9 (30 ILCS 105/6z-43)
10 Sec. 6z-43. Tobacco Settlement Recovery Fund.
11 (a) There is created in the State Treasury a special
12 fund to be known as the Tobacco Settlement Recovery Fund,
13 into which shall be deposited all monies paid to the State
14 pursuant to (1) the Master Settlement Agreement entered in
15 the case of People of the State of Illinois v. Philip Morris,
16 et al. (Circuit Court of Cook County, No. 96-L13146) and (2)
17 any settlement with or judgment against any tobacco product
18 manufacturer other than one participating in the Master
19 Settlement Agreement in satisfaction of any released claim as
20 defined in the Master Settlement Agreement, as well as any
21 other monies as provided by law. All earnings on Fund
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1 investments shall be deposited into the Fund. Upon the
2 creation of the Fund, the State Comptroller shall order the
3 State Treasurer to transfer into the Fund any monies paid to
4 the State as described in item (1) or (2) of this Section
5 before the creation of the Fund plus any interest earned on
6 the investment of those monies. The Treasurer may invest the
7 moneys in the Fund in the same manner, in the same types of
8 investments, and subject to the same limitations provided in
9 the Illinois Pension Code for the investment of pension funds
10 other than those established under Article 3 or 4 of the
11 Code.
12 (a-5) In addition to any other use authorized by law,
13 moneys in the Tobacco Settlement Recovery Fund may be
14 appropriated for use in funding personal needs allowances for
15 institutionalized persons under Section 5-23 of the Illinois
16 Public Aid Code.
17 (b) As soon as may be practical after June 30, 2001, the
18 State Comptroller shall direct and the State Treasurer shall
19 transfer the unencumbered balance in the Tobacco Settlement
20 Recovery Fund as of June 30, 2001 into the Budget
21 Stabilization Fund. The Treasurer may invest the moneys in
22 the Budget Stabilization Fund in the same manner, in the same
23 types of investments, and subject to the same limitations
24 provided in the Illinois Pension Code for the investment of
25 pension funds other than those established under Article 3 or
26 4 of the Code.
27 (Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00;
28 91-797, eff. 6-9-00; revised 6-28-00.)
29 Section 10. The Illinois Public Aid Code is amended by
30 adding Section 5-23 as follows:
31 (305 ILCS 5/5-23 new)
32 Sec. 5-23. Personal needs allowance. For a person who is
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1 an inpatient in an institution or facility for which payments
2 are made under this Article throughout a month and who is
3 determined to be eligible for medical assistance under this
4 Article, the State shall pay an amount in addition to the
5 minimum monthly personal needs allowance authorized under
6 Section 1902(q) of Title XIX of the Social Security Act (42
7 U.S.C. 1396a(q)), so that the person's total monthly personal
8 needs allowance from both State and federal sources equals
9 $50. The additional amount paid by the State shall be paid
10 from amounts appropriated for that purpose from the Tobacco
11 Settlement Recovery Fund.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.".
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