97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1335

 

Introduced 2/9/2011, by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Illinois Tobacco Use Prevention and Control Oversight Act. Sets forth the findings of the General Assembly. Creates the Illinois Tobacco Use Prevention and Control Oversight Board and specifies the membership of the board. Provides that the oversight board shall be charged with assuring that the Comprehensive Tobacco Prevention and Control Plan is implemented with fidelity to the Plan's original purposes and intent and make funding recommendations to the Illinois Department of Public Health based on best practices and research findings from across the nation. Specifies the powers of the oversight board. Specifies the manner in which meetings are conducted. Provides that the oversight board shall develop a mission statement and long-range State plan based on specified criteria. Contains provisions concerning the (1) oversight board approval of expenditures and (2) annual reports of the oversight board.


LRB097 06000 RPM 46071 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1335LRB097 06000 RPM 46071 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Tobacco Use Prevention and Control Oversight Act.
 
6    Section 5. Legislative findings. The General Assembly
7established the Tobacco Settlement Recovery Fund with funds
8from the Master Tobacco Settlement. The funds were derived from
9a 1995 suit filed by Illinois against 4 major tobacco companies
10to recover Illinois Medicaid funds spent treating
11smoking-related illnesses. The suit was settled in 1998 as part
12of a national agreement. Under the agreement, Illinois was
13awarded an excess of $9 billion to be paid annually in payments
14of $250 to $400 million.
15    Prior to the national settlement, Illinois did not spend
16any State dollars on tobacco prevention and control programs.
17The General Assembly sees the annual payments as an opportunity
18to fund all of the components of a comprehensive tobacco
19reduction plan in a coordinated fashion.
20    The General Assembly finds that tobacco use is the number
21one cause of preventable disease and death in the State,
22costing it $4.1 billion annually in direct health care costs,
23and that the tobacco industry spends in excess of $450 million

 

 

HB1335- 2 -LRB097 06000 RPM 46071 b

1annually on marketing and promotion.
2    According to the Centers for Disease Control and
3Prevention, tobacco use morbidity and mortality can be reduced
4by following the programmatic and monetary recommendations
5outlined in its publication, Best Practices for Comprehensive
6Tobacco Control Programs - 2007.
 
7    Section 10. Definitions. In this Act:
8    "Department" means the Illinois Department of Public
9Health.
10    "Oversight board" means the Illinois Tobacco Use
11Prevention and Control Oversight Board.
 
12    Section 15. Creation of the oversight board.
13    (a) Funds allocated to the Department and dedicated to
14tobacco control shall be administered in a manner that will
15ensure that they are secure, accessible, and free from tobacco
16industry influence. The Department, as the State agency that is
17primarily responsible for tobacco control programs, shall
18administer such funds with the advice and consultation of the
19oversight board. The board shall be comprised of the following
20ex officio members:
21        (1) The Attorney General, or the Attorney General's
22    designee.
23        (2) The Director of the Department, or his or her
24    designee.

 

 

HB1335- 3 -LRB097 06000 RPM 46071 b

1        (3) The Director of the Department of Human Services,
2    or his or her designee.
3        (4) Five members who are appointed by the Governor that
4    have knowledge, skill, and experience in smoking reduction
5    and cessation programs, health care services, or
6    preventive health care measures and do not have ties to the
7    tobacco or retail merchants industries.
8        (5) Eight members who are appointed by the Governor who
9    represent the following organizations:
10            (A) an association dedicated to cancer prevention
11        and research;
12            (B) an association dedicated to cardiovascular
13        disease prevention and research;
14            (C) an association dedicated to lung disease
15        prevention and research;
16            (D) an association dedicated to respiratory
17        health;
18            (E) an association dedicated to tobacco use
19        cessation and smoke free communities;
20            (F) an association representing family practice
21        physicians;
22            (G) a statewide association representing public
23        health interests; and
24            (H) a statewide association representing hospitals
25        and health systems.
26    (b) The oversight board shall be charged with assuring that

 

 

HB1335- 4 -LRB097 06000 RPM 46071 b

1the Comprehensive Tobacco Prevention and Control Plan is
2implemented with fidelity to the Plan's original purposes and
3intent and make funding recommendations to the Illinois
4Department of Public Health based on best practices and
5research findings from across the nation. During a member's
6term of service on the oversight board, an appointed member of
7the oversight board may not be an official or employee of the
8State. A member serves a 4-year term and shall hold over after
9the expiration of the member's term until the member's
10successor is appointed and qualified. The Governor may
11reappoint an appointed member of the oversight board. The
12oversight board members are not reimbursed for any expenses or
13paid for their service.
 
14    Section 20. Powers of oversight board. The oversight board
15may:
16        (1) establish policies, procedures, standards, and
17    criteria necessary to carry out the duties of the oversight
18    board and Department staff assigned to the board;
19        (2) adopt rules for the regulation of its affairs and
20    the conduct of its business and prescribe policies in
21    connection with the performance of its functions and
22    duties;
23        (3) recommend legislation to the Governor and General
24    Assembly; and
25        (4) do any and all acts and things necessary, proper,

 

 

HB1335- 5 -LRB097 06000 RPM 46071 b

1    or convenient to carry out this Act.
 
2    Section 25. Quorum; voting; meetings.
3    (a) Nine voting members of the oversight board constitute a
4quorum for:
5        (1) the transaction of business at a meeting of the
6    oversight board; or
7        (2) the exercise of a power or function of the
8    oversight board.
9    (b) The affirmative vote of a majority of all the voting
10members of the oversight board is necessary for the board to
11take action. A vacancy in the membership of the executive board
12does not impair the right of a quorum to exercise all the
13rights and perform all the duties of the executive board.
14    (c) The oversight board shall meet at least quarterly and
15at the call of the chairperson.
 
16    Section 30. Mission statement; long-range State plan.
17    (a) The oversight board shall develop:
18        (1) a mission statement concerning the prevention and
19    reduction of the usage of tobacco and tobacco products in
20    this State, including:
21            (A) emphasis on prevention and policies;
22            (B) encouragement of smoking cessation;
23            (C) production and distribution of information
24        concerning the dangers of tobacco use and tobacco

 

 

HB1335- 6 -LRB097 06000 RPM 46071 b

1        related diseases;
2            (D) providing research on issues related to
3        reduction of tobacco use;
4            (E) enforcement of laws concerning sales of
5        tobacco to youth and use of tobacco by youth; and
6            (F) other activities that the oversight board
7        considers necessary and appropriate for inclusion in
8        the mission statement; and
9        (2) a long-range State plan, based on Best Practices
10    for Tobacco Control Programs, as published by the Centers
11    for Disease Control and Prevention, for:
12            (A) the provision of services by the oversight
13        board, public or private entities, and individuals to
14        implement the oversight board's mission statement; and
15            (B) the coordination of State efforts to reduce
16        usage of tobacco and tobacco products.
17        The oversight board shall update the mission statement
18    and long-range State plan as necessary to carry out the
19    purposes of this Act.
20    (b) The long-range State plan described in subsection (a)
21of this Section must:
22        (1) cover a period of at least 5 years;
23        (2) include base line data concerning tobacco usage;
24        (3) set forth specific goals for prevention and
25    reduction of tobacco usage in this State; and
26        (4) be made available to the Governor, the General

 

 

HB1335- 7 -LRB097 06000 RPM 46071 b

1    Assembly, and any other appropriate State or federal
2    agency.
 
3    Section 35. Oversight board approval of expenditures. The
4expenditure of State funds, other than a grant awarded under
5this Act, for a program concerning prevention or reduction of
6tobacco usage that is operated by a State agency or a public or
7private entity is subject to the approval of the oversight
8board. The State agency or public or private entity shall
9submit a description of the proposed expenditure to the
10oversight board for the oversight board's review and approval.
11The description submitted under this Section must include the
12following:
13        (1) The objective to be achieved through the
14    expenditure.
15        (2) The plan for implementation of the expenditure.
16        (3) The extent to which the expenditure will supplement
17    or duplicate existing expenditures of other State
18    agencies, public or private entities, or the executive
19    board.
 
20    Section 40. Annual reports of oversight board. The
21oversight board shall prepare an annual financial report and an
22annual report concerning the board's and Department's
23activities under this Act and promptly transmit the annual
24reports to the Governor and the General Assembly. The annual

 

 

HB1335- 8 -LRB097 06000 RPM 46071 b

1reports shall be available to the public on the Department's
2website.