State of Illinois
92nd General Assembly

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HB1886 Engrossed                              LRB9201017TAtmA

 1        AN ACT to create the Kids Share Endowment Act.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Kids Share Endowment Act.

 6        Section 5.  Purpose.  The  General  Assembly  finds  that
 7    there  is  a  great need for local community initiatives that
 8    are developed by community  collaborations  and  improve  and
 9    promote  positive  outcomes  for  children,  youth, and their
10    families.  It is the purpose of this  Act  to  establish  the
11    Kids  Share  Endowment Program to support, fund, and evaluate
12    these initiatives.

13        Section 10.  Definitions.  In this Act:
14        "Authority" means the Kids Share Endowment Authority.
15        "Board" means the Board of Directors of  the  Kids  Share
16    Endowment Authority.
17        "Community   collaboration"   means   a  broad  group  of
18    community members, representing a wide range of perspectives,
19    that work together to develop and achieve a common vision  or
20    goal.
21        "Program" means the Kids Share Endowment Program.

22        Section  15.  Kids Share Endowment Authority and Program;
23    Board of Directors.
24        (a)  The Kids Share Endowment  Authority  is  created  to
25    administer the Program under this Act.
26        (b)  The  Kids  Share Endowment Program is created within
27    the Authority.
28        (c)  The governing powers of the Authority are vested  in
29    a  Board  of Directors of the Kids Share Endowment Authority.
HB1886 Engrossed            -2-               LRB9201017TAtmA
 1    The chairperson of the Board is the  Governor.  There are  19
 2    additional voting members:
 3             (1)  as ex officio members, each of the following or
 4        his  or her respective designee: the State Superintendent
 5        of  Education,  the  Secretary  of  Human  Services,  the
 6        Director of Public Health, the Attorney General, and  the
 7        Director of Children and Family Services;
 8             (2)  4  members  appointed  by  the Governor who are
 9        members of the General Assembly, 2 of whom  are  Senators
10        and  not  of  the  same political party and 2 of whom are
11        Representatives and not of the same political party; and
12             (3)  10 members appointed by the Governor, including
13        one  each  representing  social  services,  a   statewide
14        organization     representing    education,    a    civic
15        organization,   business,   a   statewide    organization
16        representing   the   interests   of   children,  parents,
17        research,   a   statewide    organization    representing
18        municipalities, a statewide organization representing law
19        enforcement,  and  a  statewide organization representing
20        park districts.
21        The non-legislative appointed members shall be  appointed
22    for  3-year  terms.  Of the non-legislative members initially
23    appointed by the Governor under this Act, 3 shall serve until
24    July 1, 2003, 3 shall serve until July 1, 2004, and  4  shall
25    serve  until  July  1, 2005.  Legislative members shall serve
26    during the term for which they where elected to  the  General
27    Assembly.
28        Eleven members constitute a quorum. The members shall not
29    receive  any  compensation  but  shall  be reimbursed for all
30    reasonable and necessary expenses incurred in the performance
31    of their duties.

32        Section 20.  Powers and duties.
33        (a)  The duties of the Authority under this  Act  include
HB1886 Engrossed            -3-               LRB9201017TAtmA
 1    the following:
 2             (1)  Administering the Kids Share Endowment Program.
 3             (2)  Seeking,  with the assistance of the Board, and
 4        receiving funds that may be available  from  private  and
 5        public sources for the use of the Program.
 6             (3)  Distributing grants, subject to the approval of
 7        the  Board  and  to  appropriations and other funding, to
 8        community  collaborations  that   address   the   healthy
 9        development   of  children,  youth,  and  families.   The
10        Program  may  make   financial   commitments   to   grant
11        recipients  for  periods up to 3 years, subject to annual
12        review and approval.  Approval of  an  initial  grant  or
13        annual  grant  renewal is contingent upon submission of a
14        local  strategic   plan   that   includes   outcome-based
15        programs.
16             (4)  Allocating a designated amount of the Endowment
17        to provide technical assistance, training, and evaluation
18        to help build the capacities of community collaborations.
19        This  technical  assistance  should include assistance to
20        help collaborations identify needs,  create  a  strategic
21        plan,   maximize   resources,  and  design  collaborative
22        approaches,  based  on   best   practices,   to   achieve
23        identified  outcomes.  The  Program  is  to  ensure  that
24        technical  assistance,  training, and evaluation continue
25        to be  available  to  communities  to  ensure  that  they
26        achieve  positive  results  for  Illinois' children.  The
27        Board and the Office of the Governor  may  contract  with
28        not-for-profit  or  other outside agencies to provide the
29        technical assistance required under this paragraph.
30             (5)  Allocating reasonable amounts of appropriations
31        and funding for costs necessary for the administration of
32        this Act and the Program.
33        (b)  The Authority has those powers that are necessary to
34    carry out  the  purposes  of  this  Act,  including,  without
HB1886 Engrossed            -4-               LRB9201017TAtmA
 1    limitation, the power to:
 2             (1)     appoint   an   Executive   Director  of  the
 3        Authority, who shall, subject to the provisions  of  this
 4        Act,  execute  the powers and discharge the duties vested
 5        by law in the Authority and  administer  the  Kids  Share
 6        Endowment Program;
 7             (2)  employ  agents and employees necessary to carry
 8        out the purposes of this Act and fix their  compensation,
 9        benefits, terms, and conditions of employment;
10             (3)  contract  with not-for-profit and other outside
11        agencies for purposes  of  administering  this  Act,  and
12        enforce  the  terms of any contract entered into, whether
13        in law or equity, or by other legal means; and
14             (4)  adopt any rules  necessary  to  implement  this
15        Act.

16        Section 25.  Applications for grants.
17        (a)  The Kids Share Endowment Program shall provide money
18    to  support  local  community collaborations through funding,
19    evaluation, and technical assistance.
20        (b)  To be eligible to  receive  funding  from  the  Kids
21    Share Endowment Program, a community collaboration must:
22             (1)  Develop  a  strategic plan that addresses local
23        needs,  maximizes  resources,  and  builds  on   existing
24        strengths.  The strategic plan must include:
25                  (A)  a  description  of  goals  and  objectives
26             proposed to be obtained;
27                  (B)  a  description  of the programs, services,
28             and projects to be provided;
29                  (C)  a description of how  measurable  outcomes
30             of  the  programs,  services,  and  projects will be
31             determined using appropriate,  reliable  indicators;
32             and
33                  (D)  a   description   of   how  the  programs,
34             services, and projects will  be  integrated  into  a
HB1886 Engrossed            -5-               LRB9201017TAtmA
 1             consumer-oriented and easily accessible system.
 2             (2)  Demonstrate  effective  use of current federal,
 3        State, and local dollars and why sufficient  funding  for
 4        the proposal is not available through current traditional
 5        funding streams.
 6        (c)  A successful community designed proposal for funding
 7    may focus on these or other areas:
 8             (1)  enhancing  the quality of existing services for
 9        children, youth, and families;
10             (2)  filling  service  gaps  that  current   funding
11        streams do not address;
12             (3)  promoting  healthy social-emotional development
13        of children and youth;
14             (4)  improving and developing facilities to  service
15        children, youth, and their families;
16             (5)  short term, one-time expenses; and
17             (6)  pilot projects.

18        Section 30.  Kids Share Endowment Program Fund.  The Kids
19    Share Endowment  Program Fund is created as a special fund in
20    the  State  Treasury.   Moneys  shall be transferred into the
21    Kids Share Endowment Program Fund from the Tobacco Settlement
22    Recovery Fund in accordance with Section 6z-43 of  the  State
23    Finance Act.  All interest or other earnings that accrue from
24    investment  of  the  Kids Share Endowment Program Fund moneys
25    shall be credited to the Kids Share Endowment  Program  Fund.
26    Moneys   in   the   Fund   may   be   expended,  pursuant  to
27    appropriation, for purposes consistent with the authority and
28    purposes specified by this Act.  The Program may also receive
29    funding from private and other State or federal sources.

30        Section 90.  The State Finance Act is amended by changing
31    Section 6z-43 and adding Section 5.545 as follows:
HB1886 Engrossed            -6-               LRB9201017TAtmA
 1        (30 ILCS 105/5.545 new)
 2        Sec. 5.545. The Kids Share Endowment Program Fund.

 3        (30 ILCS 105/6z-43)
 4        Sec. 6z-43. Tobacco Settlement Recovery Fund.
 5        (a)  There is created in the  State  Treasury  a  special
 6    fund  to  be  known  as the Tobacco Settlement Recovery Fund,
 7    into which shall be deposited all monies paid  to  the  State
 8    pursuant  to  (1)  the Master Settlement Agreement entered in
 9    the case of People of the State of Illinois v. Philip Morris,
10    et al. (Circuit Court of Cook County, No. 96-L13146) and  (2)
11    any  settlement  with or judgment against any tobacco product
12    manufacturer other  than  one  participating  in  the  Master
13    Settlement Agreement in satisfaction of any released claim as
14    defined  in  the  Master Settlement Agreement, as well as any
15    other monies as  provided  by  law.   All  earnings  on  Fund
16    investments  shall  be  deposited  into  the  Fund.  Upon the
17    creation of the Fund, the State Comptroller shall  order  the
18    State  Treasurer to transfer into the Fund any monies paid to
19    the State as described in item (1) or  (2)  of  this  Section
20    before  the  creation of the Fund plus any interest earned on
21    the investment of those monies.  The Treasurer may invest the
22    moneys in the Fund in the same manner, in the same  types  of
23    investments,  and subject to the same limitations provided in
24    the Illinois Pension Code for the investment of pension funds
25    other than those established under Article  3  or  4  of  the
26    Code.
27        (b)  As soon as may be practical after June 30, 2001, the
28    State  Comptroller shall direct and the State Treasurer shall
29    transfer the unencumbered balance in the  Tobacco  Settlement
30    Recovery   Fund   as   of  June  30,  2001  into  the  Budget
31    Stabilization Fund.  The Treasurer may invest the  moneys  in
32    the Budget Stabilization Fund in the same manner, in the same
33    types  of  investments,  and  subject to the same limitations
HB1886 Engrossed            -7-               LRB9201017TAtmA
 1    provided in the Illinois Pension Code for the  investment  of
 2    pension funds other than those established under Article 3 or
 3    4 of the Code.
 4        (c)  For  the 6-year period beginning on July 1, 2002, as
 5    soon as practical after  July  1  of  each  year,  the  State
 6    Comptroller  shall  order transferred and the State Treasurer
 7    shall transfer from the Tobacco Settlement Recovery Fund into
 8    the Kids Share Endowment Program Fund the sum of  $50,000,000
 9    from  deposits made into the Tobacco Settlement Recovery Fund
10    during the fiscal year immediately preceding July 1  of  each
11    of these respective years.
12    (Source:  P.A.  91-646,  eff.  11-19-99; 91-704, eff. 7-1-00;
13    91-797, eff. 6-9-00; revised 6-28-00.)

14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.

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