State of Illinois
91st General Assembly
Legislation

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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.

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