[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB2107
LRB9102628NTsb
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- LRB9102628NTsb
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- LRB9102628NTsb
1 (8) Making grants to school districts to hire
2 school nurses, as provided under subsection (d) of this
3 Section, to enable each school district to have a school
4 nursing staff that meets the ratio of one school nurse
5 per 750 students in the general student population, one
6 school nurse per 225 students in the mainstream special
7 education student population, and one school nurse per
8 125 students in the severe to profound disabilities
9 student population.
10 (9) Making grants to school districts to allow
11 school nurses to provide health and teaching services,
12 with a special emphasis on anti-smoking instruction and
13 education, the prevention of respiratory illnesses, and
14 the registration of children with no health insurance in
15 a children's health insurance program under the
16 Children's Health Insurance Program Act and Title XXI of
17 the Social Security Act.
18 (d) School districts that receive grants under this Act
19 to hire school nurses must have at least one school nurse who
20 is certificated under Section 21-25 of the School Code. If
21 the school district does not have a certificated school
22 nurse, the school district must employ a certificated school
23 nurse before employing a non-certificated school nurse, with
24 any additional school nurses employed to meet the
25 student-to-nurse ratio under item (8) of subsection (c) of
26 this Section being employed at a ratio of one certificated
27 school nurse for each non-certificated school nurse.
28 Section 40. Use of restricted proceeds.
29 (a) The State Comptroller shall establish and maintain a
30 separate special fund within the State Treasury for each
31 category of restricted proceeds received by the State.
32 (b) Restricted proceeds received by the State under the
33 agreement shall be deposited into the appropriate special
-4- LRB9102628NTsb
1 fund.
2 (c) Restricted proceeds may be used for the purposes
3 specified in the agreement, in accordance with the
4 restrictions imposed in the agreement, but only pursuant to
5 appropriation by the General Assembly.
6 Section 95. The State Finance Act is amended by adding
7 Section 5.490 as follows:
8 (30 ILCS 105/5.490 new)
9 Sec. 5.490. The Tobacco Litigation Settlement
10 Distribution Fund.
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.