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91_HB0125 LRB9100516EGfg 1 AN ACT concerning distribution of tobacco litigation 2 settlements. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Tobacco Litigation Settlement Distribution Act. 7 Section 5. Definitions. For the purposes of this Act: 8 "Agreement" or "settlement" means the portions of the 9 settlement agreement in the case of People v. Philip Morris, 10 Inc. et al. (case number 96L13146 in the Cook County Circuit 11 Court) and any associated litigation, that are relevant to 12 this State. 13 "Fund" means the Tobacco Litigation Settlement 14 Distribution Fund created by this Act. 15 "Restricted proceeds" means that portion of the moneys 16 received by the State under the settlement agreement, the use 17 of which is restricted under the terms of the agreement. 18 "Unrestricted proceeds" means that portion of the moneys 19 received by the State under the settlement agreement, the use 20 of which is not restricted under the terms of the agreement. 21 Section 10. Tobacco Litigation Settlement Distribution 22 Fund; unrestricted proceeds. 23 (a) The Tobacco Litigation Settlement Distribution Fund 24 is created as an interest-bearing special fund in the State 25 Treasury. 26 (b) All unrestricted proceeds received by the State 27 under the agreement shall be deposited into the Tobacco 28 Litigation Settlement Distribution Fund. 29 (c) Moneys in the Tobacco Litigation Settlement 30 Distribution Fund may be used, subject to appropriation, only -2- LRB9100516EGfg 1 for the purposes specified in Section 15. 2 Section 15. Use of unrestricted proceeds. 3 (a) Moneys in the Tobacco Litigation Settlement 4 Distribution Fund may be used only pursuant to appropriation 5 by the General Assembly. 6 (b) Unrestricted proceeds may be used only for public 7 health purposes. 8 (c) "Public health purposes" includes, but is not 9 limited to, the following: 10 (1) Payment of all or a part of the cost of 11 providing health care services or health care benefit 12 coverage to persons in this State. 13 (2) Reimbursement to health care service providers 14 of all or a part of the cost of providing health care 15 services to persons in this State. 16 (3) Payment of principal and interest on 17 indebtedness incurred by the State for purposes related 18 to providing health care services or reimbursing health 19 care service providers. 20 (4) Payment of the administrative expenses of the 21 Illinois Department of Public Health and any other 22 appropriate State or local governmental agency, to the 23 extent that those expenses are incurred in administering 24 programs relating to public health. 25 (5) Abatement of State or local taxes, the proceeds 26 of which are used for purposes related to health care or 27 public health. 28 (6) Creating and implementing public information 29 programs related to public health, either directly or 30 through grants to appropriate public or private entities. 31 (7) Making grants to educational entities, 32 including but not limited to academic medical centers, 33 for purposes related to public health. -3- LRB9100516EGfg 1 Section 40. Use of restricted proceeds. 2 (a) The State Comptroller shall establish and maintain a 3 separate special fund within the State Treasury for each 4 category of restricted proceeds received by the State. 5 (b) Restricted proceeds received by the State under the 6 agreement shall be deposited into the appropriate special 7 fund. 8 (c) Restricted proceeds may be used for the purposes 9 specified in the agreement, in accordance with the 10 restrictions imposed in the agreement, but only pursuant to 11 appropriation by the General Assembly. 12 Section 95. The State Finance Act is amended by adding 13 Section 5.490 as follows: 14 (30 ILCS 105/5.490 new) 15 Sec. 5.490. The Tobacco Litigation Settlement 16 Distribution Fund. 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.