Public Act 93-0060

SB1589 Enrolled                      LRB093 10835 MKM 11293 b

    AN ACT concerning public health.

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

    Section  5.  The  Department  of Public Health Powers and
Duties Law of the Civil Administrative Code  of  Illinois  is
amended by adding Section 2310-371 as follows:

    (20 ILCS 2310/2310-371 new)
    Sec. 2310-371.  Obesity Study and Prevention Fund.
    (a)  Findings  and  declarations.  The  General  Assembly
finds and declares the following:
         (1)  that  obesity  is  a  serious  medical  problem
    affecting up to one-third of all Americans;
         (2)  that  obesity is known to cause or exacerbate a
    number  of  serious  disorders  including   hypertension,
    dyslipidemia,     cardiovascular    disease,    diabetes,
    respiratory dysfunction, gout, and osteoarthritis;
         (3)  that  nearly  80%  of  patients  with  diabetes
    mellitus are obese;
         (4)  that  nearly  70%   of   diagnosed   cases   of
    cardiovascular disease are related to obesity; and
         (5)  that  obesity ranks second only to smoking as a
    preventable cause of  death,  with  some  300,000  deaths
    annually attributable to obesity.
    (b)  Definition  of "obesity". In this Section, "obesity"
means the term as it is defined by the National Institutes of
Health including, but not limited to, the condition in  which
a person's body mass index is at least 30 kilograms per meter
squared, or the condition in which a person's body mass index
is  at  least  27  kilograms per meter squared and the person
suffers from one or  more  of  the  following  conditions  or
diseases:   (i)  type  II  diabetes;  (ii)  impaired  glucose
tolerance; (iii)  hyperinsulinemia;  (iv)  dyslipidemia;  (v)
hypertension;     (vi)    cardiovascular    disease;    (vii)
cerebrovascular disease; (viii) osteoarthritis of the hips or
knees; (ix) sleep apnea; (x) gastric reflux disease; or  (xi)
gallbladder disease.
    (c)  Data collection and report to the General Assembly.
         (1)  Subject  to  appropriation,  the Department, or
    its designee, shall sample and collect data on individual
    cases where obesity is being actively treated and analyze
    that data in order to evaluate  the  impact  of  treating
    obesity.  The  data collection and analysis shall include
    the following: (i) the effectiveness of existing  methods
    for    treating   or   preventing   obesity;   (ii)   the
    effectiveness  of  alternate  methods  for  treating   or
    preventing  obesity;  (iii) the fiscal impact of treating
    or  preventing   obesity;   (iv)   the   compliance   and
    cooperation  of patients with various methods of treating
    or preventing obesity; and (v) any reduction  in  serious
    medical  problems  associated  with  diabetes that result
    from treating or preventing obesity.
         (2)  After completion of the  data  collection,  the
    Department shall submit a report and supporting materials
    to the General Assembly by March 1, 2005.
    (d)  Obesity Study and Prevention Fund. The Obesity Study
and  Prevention  Fund  is  established in the State treasury.
Moneys in  the  Fund  shall  be  earmarked  for  use  by  the
Department  to  conduct or support research regarding obesity
and shall be expended in accordance with  the  provisions  of
this  Section.  Any  Fund  balance  remaining at the end of a
fiscal year shall be carried forward  into  the  next  fiscal
year. Income accruing on investments and deposits of the Fund
shall be deposited into the Fund. Moneys in the Fund shall be
invested by the Treasurer and administered by the Director of
the Department of Public Health.
    Section  10.  The  State Finance Act is amended by adding
Section 5.595 as follows:

    (30 ILCS 105/5.595 new)
    Sec. 5.595.  Obesity Study and Prevention Fund.

    Section 99. This Act takes effect on July 1, 2003.