Public Act 096-0155
HB3767 Enrolled LRB096 11657 RPM 22237 b

    AN ACT concerning public health.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 1. Short title. This Act may be cited as the
Obesity Prevention Initiative Act.
    Section 5. Legislative findings. The General Assembly
makes all of the following findings:
        (1) Nearly 25% of Illinois adults are obese and 37% are
    overweight, 62% of Illinois adults in total.
        (2) The percentage of normal-weight Illinois adults
    has steadily decreased as the percentage who are overweight
    or obese has steadily increased.
        (3) More than 31% of Illinois children ages 10 through
    17 years are considered overweight or obese.
        (4) A majority (56%) of publicly insured children are
    overweight or obese (the highest state prevalence in the
    nation) and nearly 2 in 5 (39%) black, non-Hispanic
    children are overweight or obese (the third highest state
        (5) Today's overweight and obese children are likely to
    become tomorrow's overweight and health-impaired adults,
    at risk for premature death.
        (6) Being overweight and obese puts people at increased
    risk for coronary heart disease, type 2 diabetes, certain
    cancers, hypertension, dyslipidemia (high cholesterol or
    triglycerides or both), stroke, liver and gallbladder
    disease, sleep apnea and respiratory problems,
    osteoarthritis, and gynecological problems.
        (7) Overweight and obesity-related diseases cause
    premature death.
        (8) The economic costs associated with treating these
    diseases is substantial and increasing, accounting for
    more than 9% of total health care costs, approximately half
    of which are born by public resources via Medicare and
    Medicaid and the majority of the remainder born by
        (9) Obese people suffer more injuries and disabilities
    and have more non-productive work days in total, creating
    loss of earnings for Illinois employees and loss of
    productivity for Illinois employers.
        (10) Research has shown that 27% of health care charges
    for adults over age 40 are associated with people being
    physically inactive, overweight, or obese.
        (11) From 1987 to 2001, obesity-related spending
    accounted for an estimated 27% of the increase in
    inflation-adjusted per capita health spending.
        (12) Research has shown that each additional day of
    physical activity per week can reduce medical charges by
        (13) The non-economic costs of being overweight or
    obese that is experienced by Illinois citizens are
    immeasurable in terms of pain, mobility, self-esteem, bias
    and stigma, the grief associated with the premature death
    of loved ones, and other quality of life issues.
        (14) Food and exercise habits are strongly linked to
    the food and exercise habits of the communities in which
    the individuals live, work, attend school, and socialize.
        (15) Individual and community food and exercise habits
    are strongly linked to environmental factors, such as
    access to healthy food and safe opportunities for physical
        (16) Public health interventions focusing on healthy
    eating, physical activity, and environmental change to
    facilitate these behaviors have been shown to be successful
    in reducing obesity and promoting healthy weight and
    physical activity among children and adults. Communities
    in Illinois are developing and implementing promising
    models that should be evaluated and supported.
        (17) Obesity is a significant contributing factor to
    many chronic diseases faced by Illinois residents and that
    obesity and its effects on human health are best addressed
    in an evidence-based, holistic manner, including policy
    change, environmental change, and community public health
    and wellness efforts.
        (18) The General Assembly has recognized the
    importance of studying obesity and passed the Obesity Study
    and Prevention Fund Act in 2004. The Illinois State Health
    Improvement Plan (SHIP) identified obesity and physical
    activity as strategic priority health conditions that
    demand action, including without limitation the following:
            (A) Increased efforts to educate the public on the
        health risks associated with obesity and poor
        nutrition, effective methods for improving nutrition
        and physical activity, and resources to help
        individuals to adopt healthy lifestyles.
            (B) Promoting changes in State and local policies
        designed to support healthy eating and physical
        activity, including improving community access to
        healthy food and safe opportunities for physical
    Section 10. Obesity Prevention Initiative. Within 60 days
after the effective date of this Act, and subject to the
availability of public, private, and contributed in-kind
resources, the Department of Public Health shall work with the
Department of Human Services and other public, private, and
voluntary stakeholders to plan, organize, and publicize at
least 3 hearings on the health and social costs of obesity and
the need to address the obesity epidemic with community,
policy, and individual health behavior change. The purpose of
these hearings shall be to (1) highlight existing State and
community level initiatives, (2) identify existing plans and
opportunities for action and the expansion of initiatives, (3)
inform policy makers and the public about effective solutions
to the problem, and (4) identify and engage stakeholders to
promote action to reduce obesity, improve nutrition, and
increase physical activity. The hearing officers shall
include: the Chair of the State Board of Health or her designee
and up to 3 additional members of the State Board of Health;
the Chair of the Chronic Disease Task Force, if appointed, and
up to 3 additional members of the Chronic Disease Task Force,
if appointed; 2 members of the House of Representatives, one of
whom shall be named by the Speaker of the House and one of whom
shall be named by the Minority Leader of the House; and 2
members of the Senate, one of whom shall be named by the
President of the Senate and one of whom shall be named by the
Minority Leader of the Senate. The Department shall provide or
work with stakeholders to provide logistical and support staff
for hearings.
    No later than February 1, 2010, and subject to the
availability of public, private, and contributed in-kind
resources, a report on these hearings shall be provided to the
members of the General Assembly and the State Board of Health
to inform and support action on implementing the 2009 State
Health Improvement Plan. Pursuant to Public Act 95-0900, the
Chronic Disease Task Force shall also use the report to inform
the Plan that is due July 1, 2010 to the General Assembly.
    Within 60 days after the completion of the report on the
hearings, but no later than April 1, 2010, and subject to
appropriation for that purpose, the Department of Public Health
shall grant funds to one or more non-profit organizations or
local public health departments to conduct a statewide
education and engagement campaign focusing on the health
effects of obesity, the social costs of obesity, and the need
to address the obesity epidemic with community, policy, and
individual health behavior change.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/7/2009