SB2794 93RD GENERAL ASSEMBLY

LRB093 20484 DRJ 46273 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2794

Introduced 2/5/2004, by Miguel del Valle

SYNOPSIS AS INTRODUCED:

20 ILCS 2310/2310-338 new
30 ILCS 105/6z-43

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois and the State Finance Act. Subject to appropriation, requires the Department of Public Health to develop a comprehensive statewide asthma management plan to (i) reduce the rate of hospitalizations due to asthma and (ii) facilitate the effective management of asthma in persons with asthma. Requires the Department to implement programs to meet the objectives of the statewide asthma management plan. Provides for the use of moneys from the Tobacco Settlement Recovery Fund to implement the statewide asthma management plan.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to 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 2310-338 as follows:

(20 ILCS 2310/2310-338 new)

Sec. 2310-338. Comprehensive statewide asthma management plan.

(a) Subject to appropriation, the Department shall develop, maintain, and revise biennially a written comprehensive statewide plan (the "statewide asthma management plan") for (i) reducing the rate of hospitalizations due to asthma and (ii) facilitating the effective management of asthma in persons with asthma who reside in Illinois. The plan shall address, but need not be limited to: disease surveillance and investigation; public and professional education; identification and replication of the best practices for public health and clinical interventions; public and private partnerships with health care providers, third-party payors, local school systems, and community coalitions; and identification of sources of grant funding. The plan shall place primary emphasis on, but not be limited to, children between the ages of birth and 18 years.

(b) In order to develop the statewide asthma management plan, the Department shall consult with: representatives of the medical, nursing, pharmacy, and allied health professions; public health agencies; community coalition leaders; insurers; hospital personnel; the State Board of Education and local school systems; and other appropriate entities.

(c) Subject to appropriations, the Department shall implement programs to meet the objectives of the statewide asthma management plan. The Department shall ensure, to the extent feasible and appropriate, that existing Department programs, systems, and infrastructure are efficiently utilized as a basis for implementing the plan.

(d) The Department shall adopt rules to implement the provisions of the statewide asthma management plan.

(e) The Department shall report by December 31 of each year to the Governor and the General Assembly concerning (i) the development and implementation of the statewide asthma management plan and (ii) the effectiveness of the Department's programs in reducing the rate of hospitalizations due to asthma in the State and facilitating more effective management of asthma.

Section 10. The State Finance Act is amended by changing Section 6z-43 as follows:

(30 ILCS 105/6z-43)

Sec. 6z-43. Tobacco Settlement Recovery Fund.

(a) There is created in the State Treasury a special fund to be known as the Tobacco Settlement Recovery Fund, into which shall be deposited all monies paid to the State pursuant to (1) the Master Settlement Agreement entered in the case of People of the State of Illinois v. Philip Morris, et al. (Circuit Court of Cook County, No. 96-L13146) and (2) any settlement with or judgment against any tobacco product manufacturer other than one participating in the Master Settlement Agreement in satisfaction of any released claim as defined in the Master Settlement Agreement, as well as any other monies as provided by law. All earnings on Fund investments shall be deposited into the Fund. Upon the creation of the Fund, the State Comptroller shall order the State Treasurer to transfer into the Fund any monies paid to the State as described in item (1) or (2) of this Section before the creation of the Fund plus any interest earned on the investment of those monies. The Treasurer may invest the moneys in the Fund in the same manner, in the same types of investments, and subject to the same limitations provided in the Illinois Pension Code for the investment of pension funds other than those established under Article 3 or 4 of the Code.

(a-5) In addition to any other use authorized by law, moneys in the Tobacco Settlement Recovery Fund may be appropriated for use in funding the implementation of the statewide asthma management plan developed by the Department of Public Health under Section 2310-338 of the Department of Public Health Powers and Duties Law (20 ILCS 2310/2310-338).

(b) As soon as may be practical after June 30, 2001, upon notification from and at the direction of the Governor, the State Comptroller shall direct and the State Treasurer shall transfer the unencumbered balance in the Tobacco Settlement Recovery Fund as of June 30, 2001, as determined by the Governor, into the Budget Stabilization Fund. The Treasurer may invest the moneys in the Budget Stabilization Fund in the same manner, in the same types of investments, and subject to the same limitations provided in the Illinois Pension Code for the investment of pension funds other than those established under Article 3 or 4 of the Code.

(c) In addition to any other deposits authorized by law, after any delivery of any bonds as authorized by Section 7.5 of the General Obligation Bond Act for deposits to the General Revenue Fund and the Budget Stabilization Fund (referred to as "tobacco securitization general obligation bonds"), the Governor shall certify, on or before June 30, 2003 and June 30 of each year thereafter, to the State Comptroller and State Treasurer the total amount of principal of, interest on, and premium, if any, due on those bonds in the next fiscal year beginning with amounts due in fiscal year 2004. As soon as practical after the annual payment of tobacco settlement moneys to the Tobacco Settlement Recovery Fund as described in item (1) of subsection (a), the State Treasurer and State Comptroller shall transfer from the Tobacco Settlement Recovery Fund to the General Obligation Bond Retirement and Interest Fund the amount certified by the Governor, plus any cumulative deficiency in those transfers for prior years.

(d) (c) All federal financial participation moneys received pursuant to expenditures from the Fund shall be deposited into the Fund.

(Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00; 91-797, eff. 6-9-00; 92-11, eff. 6-11-01; 92-16, eff. 6-28-01; 92-596, eff. 6-28-02; 92-597, eff. 6-28-02; revised 9-3-02.)