HB1335 97TH GENERAL ASSEMBLY

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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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning 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 Illinois Tobacco Use Prevention and Control Oversight Act.

Section 5. Legislative findings. The General Assembly established the Tobacco Settlement Recovery Fund with funds from the Master Tobacco Settlement. The funds were derived from a 1995 suit filed by Illinois against 4 major tobacco companies to recover Illinois Medicaid funds spent treating smoking-related illnesses. The suit was settled in 1998 as part of a national agreement. Under the agreement, Illinois was awarded an excess of $9 billion to be paid annually in payments of $250 to $400 million.

Prior to the national settlement, Illinois did not spend any State dollars on tobacco prevention and control programs. The General Assembly sees the annual payments as an opportunity to fund all of the components of a comprehensive tobacco reduction plan in a coordinated fashion.

The General Assembly finds that tobacco use is the number one cause of preventable disease and death in the State, costing it $4.1 billion annually in direct health care costs, and that the tobacco industry spends in excess of $450 million annually on marketing and promotion.

According to the Centers for Disease Control and Prevention, tobacco use morbidity and mortality can be reduced by following the programmatic and monetary recommendations outlined in its publication, Best Practices for Comprehensive Tobacco Control Programs - 2007.

Section 10. Definitions. In this Act:

"Department" means the Illinois Department of Public Health.

"Oversight board" means the Illinois Tobacco Use Prevention and Control Oversight Board.

Section 15. Creation of the oversight board.

(a) Funds allocated to the Department and dedicated to tobacco control shall be administered in a manner that will ensure that they are secure, accessible, and free from tobacco industry influence. The Department, as the State agency that is primarily responsible for tobacco control programs, shall administer such funds with the advice and consultation of the oversight board. The board shall be comprised of the following ex officio members:

(1) The Attorney General, or the Attorney General's designee.

(2) The Director of the Department, or his or her designee.

(3) The Director of the Department of Human Services, or his or her designee.

(4) Five members who are appointed by the Governor that have knowledge, skill, and experience in smoking reduction and cessation programs, health care services, or preventive health care measures and do not have ties to the tobacco or retail merchants industries.

(5) Eight members who are appointed by the Governor who represent the following organizations:

(A) an association dedicated to cancer prevention and research;

(B) an association dedicated to cardiovascular disease prevention and research;

(C) an association dedicated to lung disease prevention and research;

(D) an association dedicated to respiratory health;

(E) an association dedicated to tobacco use cessation and smoke free communities;

(F) an association representing family practice physicians;

(G) a statewide association representing public health interests; and

(H) a statewide association representing hospitals and health systems.

(b) 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. During a member's term of service on the oversight board, an appointed member of the oversight board may not be an official or employee of the State. A member serves a 4-year term and shall hold over after the expiration of the member's term until the member's successor is appointed and qualified. The Governor may reappoint an appointed member of the oversight board. The oversight board members are not reimbursed for any expenses or paid for their service.

Section 20. Powers of oversight board. The oversight board may:

(1) establish policies, procedures, standards, and criteria necessary to carry out the duties of the oversight board and Department staff assigned to the board;

(2) adopt rules for the regulation of its affairs and the conduct of its business and prescribe policies in connection with the performance of its functions and duties;

(3) recommend legislation to the Governor and General Assembly; and

(4) do any and all acts and things necessary, proper, or convenient to carry out this Act.

Section 25. Quorum; voting; meetings.

(a) Nine voting members of the oversight board constitute a quorum for:

(1) the transaction of business at a meeting of the oversight board; or

(2) the exercise of a power or function of the oversight board.

(b) The affirmative vote of a majority of all the voting members of the oversight board is necessary for the board to take action. A vacancy in the membership of the executive board does not impair the right of a quorum to exercise all the rights and perform all the duties of the executive board.

(c) The oversight board shall meet at least quarterly and at the call of the chairperson.

Section 30. Mission statement; long-range State plan.

(a) The oversight board shall develop:

(1) a mission statement concerning the prevention and reduction of the usage of tobacco and tobacco products in this State, including:

(A) emphasis on prevention and policies;

(B) encouragement of smoking cessation;

(C) production and distribution of information concerning the dangers of tobacco use and tobacco related diseases;

(D) providing research on issues related to reduction of tobacco use;

(E) enforcement of laws concerning sales of tobacco to youth and use of tobacco by youth; and

(F) other activities that the oversight board considers necessary and appropriate for inclusion in the mission statement; and

(2) a long-range State plan, based on Best Practices for Tobacco Control Programs, as published by the Centers for Disease Control and Prevention, for:

(A) the provision of services by the oversight board, public or private entities, and individuals to implement the oversight board's mission statement; and

(B) the coordination of State efforts to reduce usage of tobacco and tobacco products.

The oversight board shall update the mission statement and long-range State plan as necessary to carry out the purposes of this Act.

(b) The long-range State plan described in subsection (a) of this Section must:

(1) cover a period of at least 5 years;

(2) include base line data concerning tobacco usage;

(3) set forth specific goals for prevention and reduction of tobacco usage in this State; and

(4) be made available to the Governor, the General Assembly, and any other appropriate State or federal agency.

Section 35. Oversight board approval of expenditures. The expenditure of State funds, other than a grant awarded under this Act, for a program concerning prevention or reduction of tobacco usage that is operated by a State agency or a public or private entity is subject to the approval of the oversight board. The State agency or public or private entity shall submit a description of the proposed expenditure to the oversight board for the oversight board's review and approval. The description submitted under this Section must include the following:

(1) The objective to be achieved through the expenditure.

(2) The plan for implementation of the expenditure.

(3) The extent to which the expenditure will supplement or duplicate existing expenditures of other State agencies, public or private entities, or the executive board.

Section 40. Annual reports of oversight board. The oversight board shall prepare an annual financial report and an annual report concerning the board's and Department's activities under this Act and promptly transmit the annual reports to the Governor and the General Assembly. The annual reports shall be available to the public on the Department's website.