State of Illinois
92nd General Assembly
Legislation

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92_HB0924

 
                                               LRB9204409DJcs

 1        AN ACT in relation to health.

 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    Youth Smoking Prevention Act.

 6        Section 5.  Definitions. In this Act:
 7        "Advisory Committee" means the Youth  Smoking  Prevention
 8    Advisory  Committee established under Section 10 to develop a
 9    State  Plan  for  Youth  Smoking  Prevention  and   to   make
10    recommendations  concerning  grants  from  the  fund  for the
11    purpose of reducing the consumption of cigarettes by minors.
12        "Fund"  means   the   Youth   Smoking   Prevention   Fund
13    established under Section 15.
14        "Grantee"  means  a  public  entity  or private nonprofit
15    entity approved to receive moneys from the fund for qualified
16    youth smoking prevention programs.
17        "Qualified youth  smoking  prevention  program"  means  a
18    program  that  meets the criteria set forth in the State Plan
19    for Youth Smoking Prevention.
20        "State plan" means  the  State  Plan  for  Youth  Smoking
21    Prevention adopted under Section 20.

22        Section 10.  Youth Smoking Prevention Advisory Committee.
23        (a)  The  Youth  Smoking Prevention Advisory Committee is
24    established.  The Advisory Committee  shall  consist  of  the
25    following  13  members  appointed  by  the  Governor with the
26    approval of the Senate:
27             (1)  Three   representatives   of   public    health
28        agencies.
29             (2)  Three health professionals.
30             (3)  Two  youths  at  least 12 years of age and less
 
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 1        than 18 years of age.
 2             (4)  Five citizens  of  the  State  with  knowledge,
 3        competence,  experience,  or  interest  in  youth smoking
 4        prevention, or other relevant background  including,  but
 5        not  limited  to,  youth education, public health, social
 6        science, and business expertise.
 7        All members must be residents of the State.
 8        (b)  Advisory Committee members shall serve for a term of
 9    2  years  and  until  their  successors  are  appointed   and
10    qualified.   A  vacancy  on  the  Advisory  Committee must be
11    filled in the same manner as the original appointment for the
12    remainder of the unexpired term.
13        (c)  The Governor shall convene the Advisory  Committee's
14    first  meeting  by  March  15,  2002,  and the members of the
15    Advisory Committee shall elect a chairman and vice  chairman.
16    A  majority  of  members of the Advisory Committee serving at
17    any one time constitute  a  quorum  for  the  transaction  of
18    business.

19        Section 15.  Youth Smoking Prevention Fund.
20        (a)  The  Youth  Smoking  Prevention Fund is created as a
21    special fund in the State treasury. The fund shall consist of
22    (i) moneys transferred into it from  the  Tobacco  Settlement
23    Recovery  Fund  for  the  purpose  of the prevention of youth
24    smoking and (ii) all other moneys, including  appropriations,
25    gifts,  grants, or other moneys, designated for the fund. All
26    interest derived from the deposit and investment of moneys in
27    the fund must be credited to the fund.
28        (b)  All  moneys  in  the  fund  are  subject  to  annual
29    appropriations by  the  General  Assembly  for  the  purposes
30    described  in  this  Act  and  are available for the award of
31    grants for qualified youth smoking prevention programs.

32        Section 20.  State Plan for Youth Smoking Prevention.
 
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 1        (a)  On or before June 30, 2002, the  Advisory  Committee
 2    shall  propose a State Plan for Youth Smoking Prevention.  On
 3    or before June 30  of  each  subsequent  year,  the  Advisory
 4    Committee  may  propose amendments to the plan.  The Advisory
 5    Committee  shall  submit  its  proposed  State  plan  or  any
 6    proposed amendments  to  it  to  the  Governor,  the  General
 7    Assembly, the Department of Human Services, the Department of
 8    Public Health, and the Attorney General.
 9        (b)  On   or   before  January  30,  2003,  the  Advisory
10    Committee shall adopt a final State plan and shall  make  the
11    plan  public.   On  or  before  January 30 of each subsequent
12    year,  the  Advisory  Committee  shall  adopt  any   proposed
13    amendments to the State plan and shall make the amended State
14    plan public.
15        (c)  The  State plan must set forth the criteria by which
16    grant proposals are considered  by  the  Advisory  Committee.
17    The  plan  must  also  describe  the  types  of youth smoking
18    prevention programs that are eligible for  consideration  for
19    grants from the fund.  The eligible programs include, but are
20    not limited to, the following:
21             (1)  Media  campaigns  directed  to youth to prevent
22        underage consumption of cigarettes.
23             (2)   School-based  education  programs  to  prevent
24        youth smoking.
25             (3)  Community-based  youth programs involving youth
26        smoking prevention through general youth development.
27             (4)  Enforcement and administration  of  State  laws
28        related  to  the prevention of cigarette sales to minors,
29        related retailer education, and compliance efforts.
30        The State plan must provide that no less than 50% of  the
31    dollar  value of the grants awarded in each year is dedicated
32    to programs described in items (2) and (3).
33        (d)  The State plan must further provide for a grant  for
34    an  annual  statewide  school-based  survey  must  to measure
 
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 1    cigarette  use  and  behaviors  toward   cigarette   use   by
 2    individuals in grades 6-12.  This survey must meet all of the
 3    following criteria:
 4             (1)  It must involve a statistically valid sample of
 5        the individuals in each grade from 6th through 12th.
 6             (2)  It  must  not  include any individual who is 18
 7        years of age or older.
 8             (3)   It must be made available to the public, along
 9        with the resulting data, excluding respondent  identities
10        and respondent-identifiable data, before September 1 each
11        year.
12        (e)  The  State plan must provide that no more than 5% of
13    the moneys in the fund may be  spent  on  the  administrative
14    costs of the Advisory Committee.
15        (f)  The  development  and  adoption of the State plan is
16    not subject to the  notice  and  comment  provisions  of  the
17    Illinois Administrative Procedure Act.

18        Section 25 Grants.
19        (a)  The  Advisory Committee must meet at least 4 times a
20    year to review applications  for  grants  for  youth  smoking
21    prevention  programs.  A grant may not be awarded without the
22    recommendation of the  Advisory  Committee.   To  the  extent
23    practicable  and  consistent  with the criteria for qualified
24    applicants  set  forth  in  the  State  plan,  the   Advisory
25    Committee shall recommend awards equal to the total amount of
26    moneys  appropriated  in each fiscal year for qualified youth
27    smoking prevention programs  less  the  Advisory  Committee's
28    administrative costs.
29        (b)    An  applicant  for  a  grant for a qualified youth
30    smoking prevention program must file an application with  the
31    Department  of  Public Health no later than November 1 of the
32    year preceding  the  fiscal  year  for  which  the  grant  is
33    requested.   The Department shall forward all applications to
 
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 1    the  Advisory  Committee   for   the   Advisory   Committee's
 2    recommendations concerning the awarding of grants.
 3        (c)  An  applicant  that  requests  funding  to initiate,
 4    continue, or expand a youth smoking prevention  program  must
 5    demonstrate,    by   means   of   application,   letters   of
 6    recommendation, and other  means  the  Department  of  Public
 7    Health   may  designate,  that  the  proposed  youth  smoking
 8    prevention program for  which  it  seeks  funding  meets  the
 9    criteria  set  forth  in  the  State  plan.   Previous  grant
10    recipients  must include recent evaluations of their programs
11    with their applications.   The  Advisory  Committee  may  not
12    recommend  the  award  of  a grant unless it makes a specific
13    finding, as to each applicant, that the program  proposed  to
14    be funded meets the criteria set forth in the State plan.
15        (d)  In   addition  to  evaluating  the  funding  request
16    pursuant to the criteria set forth in  the  State  plan,  the
17    Advisory Committee must consider the following:
18             (1)  In  the  case  of  applications  to  fund media
19        campaigns  directed  to   youth   to   prevent   underage
20        consumption  of cigarettes, whether the campaign provides
21        for sound  management  and  periodic  evaluation  of  the
22        campaign's  relevance to the intended audience, including
23        audience awareness of the campaign  and  recollection  of
24        the main message.
25             (2)  In   the   case   of   applications   to   fund
26        school-based education programs to prevent youth smoking,
27        whether  there  is  credible evidence that the program is
28        effective in reducing youth smoking.
29             (3)  In   the   case   of   applications   to   fund
30        community-based youth programs  involving  youth  smoking
31        prevention through general youth development, whether the
32        program:
33                  (A)  has  a comprehensive strategy with a clear
34             mission and goals;
 
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 1                  (B)  has committed,  caring,  and  professional
 2             leadership;
 3                  (C)  offers  a  diverse array of youth-centered
 4             activities in youth-accessible facilities;
 5                  (D)  is culturally  sensitive,  inclusive,  and
 6             diverse;
 7                  (E)  involves  youth in the planning, delivery,
 8             and evaluation of services that affect them; and
 9                  (F)  offers  a  positive  focus  including  all
10             youth.
11             (4)    In  the  case   of   applications   to   fund
12        enforcement  and  administration of State laws related to
13        the prevention  of  cigarette  sales  to  minors  and  to
14        related   retailer   education  and  compliance  efforts,
15        whether those activities and efforts  can  reasonably  be
16        expected  to  reduce the extent to which tobacco products
17        are available to individuals under the age of 18.
18        (e) State and local government departments  and  agencies
19    are eligible for grants under this Act.

20        Section  30.  Announcement of grant awards.  On or before
21    March 1 of each year, the Department of Public  Health  shall
22    announce  the  award of grants for the next fiscal year.  Any
23    moneys appropriated for qualified  youth  smoking  prevention
24    programs  not  spent  in any fiscal year shall be retained in
25    the fund and available for qualified youth smoking prevention
26    programs in the following year.

27        Section 35.  Reports by grantees.
28        (a)  As a condition for the receipt of a grant under this
29    Act,  a  grantee  must  agree  to  file  a  report  with  the
30    Department of Public Health, on or before September 13  after
31    the  end  of the fiscal year for which the grant was awarded,
32    as to the following:
 
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 1             (1)  The  amount  received  as  a  grant   and   the
 2        expenditures made with the grant proceeds.
 3             (2)  A  description  of  the program offered and the
 4        number of youths who participated in the program.
 5             (3)  Specific elements of the  program  meeting  the
 6        criteria set forth in the State plan.
 7        (b)  A  grantee  who  fails  to  timely  file  the report
 8    required under this Section is subject to the jurisdiction of
 9    the Attorney General for repayment of the full amount of  the
10    grant expended.
11        (c)  The  Department  of  Public  Health shall review and
12    evaluate the reports of grantees required under this Section.

13        Section 40.  Report by Department of Public  Health.  The
14    Department  of Public Health shall file a written report with
15    the Governor and the General Assembly on or before February 1
16    of each year on the status of the fund and the activities  of
17    the fund for the fiscal year most recently ended.  The report
18    must  include  a  copy  of the annual audit, the name of each
19    grantee, the amount of each grant awarded under this Act, the
20    criteria used to award each grant, and  whether  the  program
21    implemented by each grantee met the criteria set forth in the
22    State  plan.  The report must be made available to the public
23    immediately upon its filing.

24        Section 90.  The State Finance Act is amended  by  adding
25    Section 5.545 as follows:

26        (30 ILCS 105/5.545 new)
27        Sec. 5.545. The Youth Smoking Prevention Fund.

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