State of Illinois
91st General Assembly
Legislation

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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.

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