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91_HB0234
LRB9100481EGfg
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
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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) At least 90% of the unrestricted proceeds received
7 by the State in a fiscal year must be used for providing
8 health care services or health care benefit coverage to
9 persons in this State who do not have health insurance or
10 other health care benefit coverage. The services or coverage
11 may be provided either directly by the State or through
12 grants to appropriate public or private entities, as
13 otherwise provided by law.
14 (c) Up to 10% of the unrestricted proceeds received by
15 the State in a fiscal year may be used for other public
16 health purposes.
17 Section 40. Use of restricted proceeds.
18 (a) The State Comptroller shall establish and maintain a
19 separate special fund within the State Treasury for each
20 category of restricted proceeds received by the State.
21 (b) Restricted proceeds received by the State under the
22 agreement shall be deposited into the appropriate special
23 fund.
24 (c) Restricted proceeds may be used for the purposes
25 specified in the agreement, in accordance with the
26 restrictions imposed in the agreement, but only pursuant to
27 appropriation by the General Assembly.
28 Section 50. Annual report. The Auditor General shall
29 submit to the General Assembly an annual report on the use of
30 tobacco litigation settlement proceeds.
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1 Section 95. The State Finance Act is amended by adding
2 Section 5.490 as follows:
3 (30 ILCS 105/5.490 new)
4 Sec. 5.490. The Tobacco Litigation Settlement
5 Distribution Fund.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.