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91_SB0118
LRB9101855SMpr
1 AN ACT to provide for the deposit and expenditure of
2 funds received from settlement of litigation against tobacco
3 companies.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The State Finance Act is amended by adding
7 Sections 5.490 and 6z-43 as follows:
8 (30 ILCS 105/5.490 new)
9 Sec. 5.490. The Tobacco Settlement Recovery Fund.
10 (30 ILCS 105/6z-43 new)
11 Sec. 6z-43. Tobacco Settlement Recovery Fund.
12 (a) There is created in the State Treasury a special fund
13 to be known as the Tobacco Settlement Recovery Fund into
14 which shall be deposited all monies paid to the State
15 pursuant to (1) the Master Settlement Agreement entered in
16 the case of People of the State of Illinois v. Philip Morris,
17 et al. (Circuit Court of Cook County, No. 96-L13146) and (2)
18 any settlement with or judgment against any tobacco product
19 manufacturer other than one participating in the Master
20 Settlement Agreement in satisfaction of any released claim as
21 defined in the Master Settlement Agreement, as well as any
22 other monies as provided by law. All earnings on Fund
23 investments shall be deposited into the Fund.
24 (b) At least 50% of all monies deposited into the Fund,
25 including monies generated from Fund investments, shall be
26 appropriated for new or enhanced public health initiatives,
27 or for the continuation of any such initiatives instituted
28 after the effective date of this amendatory Act of 1999.
29 Such initiatives may include but shall not be limited to
30 programs for the health care of children, prevention and
-2- LRB9101855SMpr
1 cessation of tobacco use, enforcement of restrictions on
2 juvenile access to tobacco products, and public education on
3 the dangers of tobacco use.
4 (c) The Tobacco Recovery Advisory Commission is created
5 to advise on the use and allocation of monies deposited into
6 the Fund. The Commission shall consist of the Attorney
7 General, who shall chair the Commission, 2 members of the
8 Senate, one appointed by the President of the Senate and the
9 other appointed by the Minority Leader of the Senate, 2
10 members of the House of Representatives, one appointed by the
11 Speaker of the House of Representatives and one appointed by
12 the Minority Leader of the House of Representatives, and 4
13 public members, 2 of whom shall be appointed by the Governor
14 and 2 of whom shall be appointed by the Attorney General.
15 The public members shall have expertise in issues of public
16 health. The members of the Commission shall receive no
17 compensation for their services but shall be reimbursed for
18 necessary expenses incurred in the performance of their
19 duties from sums appropriated to the Attorney General from
20 the Fund for this purpose. The Commission shall report to
21 the Governor and the General Assembly not later than January
22 1 of each calendar year.
23 Sec. 99. Effective date. This Act takes effect upon
24 becoming law.