Bill Text: IL HB0397 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Motor Fuel Tax Law. Makes a technical change in a Section concerning definitions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB0397 Detail]
Download: Illinois-2013-HB0397-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 397
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 397 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Healthy Eating, Active Living (HEAL) Act.
| ||||||
6 | Section 5. Findings and purpose. The General Assembly finds | ||||||
7 | that: | ||||||
8 | Over the past 30 years, the obesity rate in the United | ||||||
9 | States has substantially increased. The prevalence of adult | ||||||
10 | obesity has more than doubled during that time. According to | ||||||
11 | statistics compiled by the Centers for Disease Control, nearly | ||||||
12 | 28% of Illinois' adult residents in 2012 were considered obese | ||||||
13 | (body mass index (BMI) of 30 and above) and the rate was even | ||||||
14 | higher among African American (40.5%) and Hispanic (31.2%) | ||||||
15 | residents. | ||||||
16 | For children, the increase in obesity has been even more |
| |||||||
| |||||||
1 | dramatic, with the obesity rate among children ages 6-11 more | ||||||
2 | than quadrupling over the last four decades. The State of | ||||||
3 | Illinois is not immune to the problem. 21% of Illinois children | ||||||
4 | (age 0-17 years) are obese, the fourth worst rate in the | ||||||
5 | nation.
| ||||||
6 | Obese children are at least twice as likely as non-obese | ||||||
7 | children to become obese adults. Research indicates that the | ||||||
8 | likelihood of an obese child becoming an obese adult increases | ||||||
9 | with age; adolescents who are obese have a greater likelihood | ||||||
10 | of being obese in adulthood, as compared to younger children.
| ||||||
11 | The obesity epidemic has led to a dramatic increase in | ||||||
12 | obesity-related health conditions, such as type 2 diabetes, | ||||||
13 | asthma, and heart disease. These health conditions costs the | ||||||
14 | nation billions of dollars in health care costs and lost | ||||||
15 | productivity. Obesity and weight-related health conditions | ||||||
16 | account for $147 billion in health care costs nationally, or 9 | ||||||
17 | percent of all medical spending, per year. Obesity-related | ||||||
18 | annual medical expenditures in the State of Illinois are | ||||||
19 | estimated at $3.4 billion in 2003 dollars. Almost 60% of these | ||||||
20 | costs are paid by public funds through Medicare and Medicaid.
| ||||||
21 | Numerous studies have established a link between obesity | ||||||
22 | and consumption of sugar-sweetened beverages such as soft | ||||||
23 | drinks, energy drinks, sweet teas and sports drinks. One | ||||||
24 | meta-analysis of eight studies examining the role of | ||||||
25 | sugar-sweetened beverage consumption on health found that | ||||||
26 | consumption was significantly associated with type 2 diabetes |
| |||||||
| |||||||
1 | based on over 15,000 reported cases of this condition. Some | ||||||
2 | studies have shown increased risk for heart disease independent | ||||||
3 | of weight status, suggesting that sugar-sweetened beverages | ||||||
4 | are unhealthy even for people who otherwise maintain a normal | ||||||
5 | weight.
| ||||||
6 | Sugar-sweetened beverages are the number one source of | ||||||
7 | added sugar in the American diet (46% of added sugars). A study | ||||||
8 | of a five-year period between 1999 and 2004 showed that | ||||||
9 | children and adolescents consumed 10-15% of their daily caloric | ||||||
10 | intake from sugar-sweetened beverages, which offer little or no | ||||||
11 | nutritional value and massive quantities of added sugars. For | ||||||
12 | example, a single 12-ounce can of soda contains the equivalent | ||||||
13 | of approximately 10 teaspoons of sugar; the American Heart | ||||||
14 | Association recommends that women consume no more than 6 | ||||||
15 | teaspoons of added sugar per day, men consume no more than 9 | ||||||
16 | teaspoons of added sugar per day, and children consume no more | ||||||
17 | than 4 teaspoons of added sugar a day.
| ||||||
18 | A study found that a penny-per-ounce excise tax on | ||||||
19 | sugar-sweetened beverages in Illinois would result in a 23.5% | ||||||
20 | reduction in sugar-sweetened beverage consumption, 185,127 | ||||||
21 | fewer obese Illinoisans, a 9.3% reduction in youth obesity, a | ||||||
22 | 5.2% reduction in adult obesity, 3,442 fewer incidences of | ||||||
23 | diabetes, and a $150.8 million reduction in obesity-related | ||||||
24 | healthcare costs.
| ||||||
25 | It is the intent of the Legislature, by adopting this Act, | ||||||
26 | creating the Illinois Wellness Fund, and providing targeted |
| |||||||
| |||||||
1 | prevention and additional health care funding to Medicaid, to | ||||||
2 | diminish the human and economic costs of obesity in the State | ||||||
3 | of Illinois. This Act is intended to discourage excessive | ||||||
4 | consumption of sugar-sweetened beverages by increasing the | ||||||
5 | price of these products and to create a dedicated revenue | ||||||
6 | source for programs designed to prevent and treat obesity and | ||||||
7 | for the State Medicaid program to reduce the burden of related | ||||||
8 | health conditions.
| ||||||
9 | Section 10. Definitions. For purposes of this Act: | ||||||
10 | "Advisory Board" means the Board established under Section | ||||||
11 | 75. | ||||||
12 | "Bottle" means any closed or sealed container regardless of | ||||||
13 | size or shape, including, without limitation, those made of | ||||||
14 | glass, metal, paper, plastic, or any other material or | ||||||
15 | combination of materials. | ||||||
16 | "Bottled sugar-sweetened beverage" means any | ||||||
17 | sugar-sweetened beverage contained in a bottle that is ready | ||||||
18 | for consumption without further processing such as, without | ||||||
19 | limitation, dilution or carbonation. | ||||||
20 | "Caloric sweetener" means any caloric substance suitable | ||||||
21 | for human consumption that humans perceive as sweet and | ||||||
22 | includes, without limitation, sucrose, fructose, glucose, | ||||||
23 | fruit juice concentrate, or other sugars. "Caloric sweetener" | ||||||
24 | excludes non-caloric sweeteners. For purposes of this | ||||||
25 | definition, "caloric" means a substance which adds calories to |
| |||||||
| |||||||
1 | the diet of a person who consumes that substance. | ||||||
2 | "Consumer" means a person who purchases a sugar-sweetened | ||||||
3 | beverage for consumption and not for sale to another. | ||||||
4 | "Council" means the Council of State Agencies established | ||||||
5 | under Section 70. | ||||||
6 | "Department" means the Department of Revenue. | ||||||
7 | "Distributor" means any person, including manufacturers | ||||||
8 | and wholesale dealers, who receives, stores, manufactures, | ||||||
9 | bottles, or distributes bottled sugar-sweetened beverages, | ||||||
10 | syrup, or powders, for sale to retailers doing business in the | ||||||
11 | State, whether or not that person also sells such products to | ||||||
12 | consumers. | ||||||
13 | "Fund" means the Illinois Wellness Fund established | ||||||
14 | pursuant to Section 60. | ||||||
15 | "Non-caloric sweetener" means any non-caloric substance | ||||||
16 | suitable for human consumption that humans perceive as sweet | ||||||
17 | and includes, without limitation, aspartame, saccharin, | ||||||
18 | stevia, and sucralose. "Non-caloric sweetener" excludes | ||||||
19 | caloric sweeteners. For purposes of this definition, | ||||||
20 | "non-caloric" means a substance that contains fewer than 5 | ||||||
21 | calories per serving. | ||||||
22 | "Person" means any natural person, partnership, | ||||||
23 | cooperative association, limited liability company, | ||||||
24 | corporation, personal representative, receiver, trustee, | ||||||
25 | assignee, or any other legal entity. | ||||||
26 | "Place of business" means any place where sugar-sweetened |
| |||||||
| |||||||
1 | beverages, syrups, or powders are manufactured or received for | ||||||
2 | sale in the state. | ||||||
3 | "Powders" means any solid mixture of ingredients used in | ||||||
4 | making, mixing, or compounding sugar-sweetened beverages by | ||||||
5 | mixing the powder with any one or more other ingredients, | ||||||
6 | including without limitation water, ice, syrup, simple syrup, | ||||||
7 | fruits, vegetables, fruit juice, vegetable juice, carbonation | ||||||
8 | or other gas. | ||||||
9 | "Retailer" means any person who sells or otherwise | ||||||
10 | dispenses in the State a sugar-sweetened beverage to a consumer | ||||||
11 | whether or not that person is also a distributor as defined in | ||||||
12 | this Section. | ||||||
13 | "Sale" means the transfer of title or possession for | ||||||
14 | valuable consideration regardless of the manner by which the | ||||||
15 | transfer is completed. | ||||||
16 | "State" means the State of Illinois. | ||||||
17 | "Sugar-sweetened beverage" means any nonalcoholic | ||||||
18 | beverage, carbonated
or noncarbonated, which is intended for | ||||||
19 | human consumption and contains any added caloric sweetener. As | ||||||
20 | used in this definition, "nonalcoholic beverage" means any | ||||||
21 | beverage that contains less than one-half of one percent | ||||||
22 | alcohol per volume. The term "sugar-sweetened beverage" does | ||||||
23 | not include: | ||||||
24 | (1) beverages sweetened solely with non-caloric | ||||||
25 | sweeteners; | ||||||
26 | (2) beverages consisting of 100% natural fruit or |
| |||||||
| |||||||
1 | vegetable juice with no added caloric sweetener; for | ||||||
2 | purposes of this paragraph, "natural fruit juice" and | ||||||
3 | "natural vegetable juice" mean the original liquid | ||||||
4 | resulting from the pressing of fruits or vegetables, or the | ||||||
5 | liquid resulting from the dilution of dehydrated natural | ||||||
6 | fruit juice or natural vegetable juice; | ||||||
7 | (3) beverages in which milk, or soy, rice, or similar | ||||||
8 | milk substitute, is the primary ingredient or the first | ||||||
9 | listed ingredient on the label of the beverage; for | ||||||
10 | purposes of this Act, "milk" means natural liquid milk | ||||||
11 | regardless of animal or plant source or butterfat content, | ||||||
12 | natural milk concentrate, whether or not reconstituted, | ||||||
13 | regardless of animal or plant source or butterfat content, | ||||||
14 | or dehydrated natural milk, whether or not reconstituted | ||||||
15 | and regardless of animal or plant source or butterfat | ||||||
16 | content; | ||||||
17 | (4) coffee or tea without added caloric sweetener; | ||||||
18 | (5) infant formula; | ||||||
19 | (6) medically necessary foods, as defined in the | ||||||
20 | federal Orphan Drug Act; and | ||||||
21 | (7) water without any caloric sweeteners. | ||||||
22 | "Syrup" means a liquid mixture of ingredients used in | ||||||
23 | making, mixing, or compounding sugar-sweetened beverages using | ||||||
24 | one or more other ingredients including, without limitation, | ||||||
25 | water, ice, a powder, simple syrup, fruits, vegetables, fruit | ||||||
26 | juice, vegetable juice, carbonation, or other gas.
|
| |||||||
| |||||||
1 | Section 15. Permit required. | ||||||
2 | (a) Every distributor doing business in the State shall | ||||||
3 | file with the Department an application for a permit to engage | ||||||
4 | in such business, for each place of business owned and operated | ||||||
5 | by the distributor before the sooner of January 1, 2015 or a | ||||||
6 | distributor's first acts which constitute the doing of business | ||||||
7 | in the State. An application for a permit shall be filed on | ||||||
8 | forms to be furnished by the Department for that purpose. An | ||||||
9 | application must be subscribed and sworn to by a person with | ||||||
10 | legal authority to bind the business. The application shall | ||||||
11 | identify the owners of the applicant, the applicant's mailing | ||||||
12 | address, the place of business to which the permit shall apply, | ||||||
13 | and the nature of the business in which engaged, and any other | ||||||
14 | information the Department may require for the enforcement of | ||||||
15 | this Act. | ||||||
16 | (b) Upon receipt of an application and any permit fee | ||||||
17 | hereafter provided for, the Department may issue to the | ||||||
18 | applicant, for the place of business designated, a | ||||||
19 | non-assignable permit, authorizing the sale of sugar-sweetened | ||||||
20 | beverages, syrups, and powders in the State. No distributor | ||||||
21 | shall sell any sugar-sweetened beverage, syrup, or powders | ||||||
22 | without first obtaining a permit to do so under this Act. | ||||||
23 | Permits issued pursuant to this Section shall expire on January | ||||||
24 | 31 of each year and may be renewed annually. | ||||||
25 | (c) A permit may not be transferred from one person to |
| |||||||
| |||||||
1 | another, and a permit shall at all times be prominently | ||||||
2 | displayed in a distributor's place of business. The Department | ||||||
3 | may refuse to issue a permit to any Person previously convicted | ||||||
4 | of violations of this Act under such procedures as the | ||||||
5 | Department may establish by regulation.
| ||||||
6 | Section 20. Tax imposed. | ||||||
7 | (a) There is hereby imposed an excise tax on every | ||||||
8 | distributor for the privilege of selling the products governed | ||||||
9 | by this Act in the State, calculated as follows: | ||||||
10 | (1) $0.01 per ounce of bottled sugar-sweetened | ||||||
11 | beverages sold or offered for sale to a retailer for sale | ||||||
12 | in the State to a consumer. | ||||||
13 | (2) The tax on syrup and powders sold or offered for | ||||||
14 | sale to a retailer for sale in the State to a consumer, | ||||||
15 | either as syrup or powders or as a sugar-sweetened beverage | ||||||
16 | derived from that syrup or powder, is equal to $0.01 per | ||||||
17 | ounce for each ounce of sugar-sweetened beverage produced | ||||||
18 | from that syrup or powder; for purposes of calculating the | ||||||
19 | tax, the volume of sugar-sweetened beverage produced from | ||||||
20 | syrup or powders shall be the larger of (i) the largest | ||||||
21 | volume resulting from use of the syrup or powders according | ||||||
22 | to any manufacturer's instructions or (ii) the volume | ||||||
23 | actually produced by the retailer, as reasonably | ||||||
24 | determined by the Department. | ||||||
25 | (3) The tax amounts set forth in this Section shall be |
| |||||||
| |||||||
1 | adjusted annually by the Department in proportion with the | ||||||
2 | Consumer Price Index: All Urban Consumers for All Items for | ||||||
3 | the Midwest Statistical Area, as reported by the United | ||||||
4 | States Bureau of Labor Statistics or any successor to that | ||||||
5 | index. | ||||||
6 | (b) A retailer that sells bottled sugar-sweetened | ||||||
7 | beverages, syrups, or powders in the State to a consumer, on | ||||||
8 | which the tax imposed by this Section has not been paid by a | ||||||
9 | distributor, is liable for the tax imposed in subsection (a) at | ||||||
10 | the time of sale to a consumer. | ||||||
11 | (c) The taxes imposed by this Section are in addition to | ||||||
12 | any other taxes that may apply to persons or products subject | ||||||
13 | to this Act.
| ||||||
14 | Section 25. Pass-through of the tax. A distributor shall | ||||||
15 | add the amount of taxes levied by this Act to the price of | ||||||
16 | sugar-sweetened beverages sold to a retailer, and the retailer | ||||||
17 | shall pass the amount of the tax through to the consumer as a | ||||||
18 | component of the final retail purchase price. The amount of the | ||||||
19 | taxes may be stated separately on all invoices, signs, sales or | ||||||
20 | delivery slips, bills, and statements that advertise or | ||||||
21 | indicate the price of those beverages.
| ||||||
22 | Section 30. Report of sales and tax remittances. | ||||||
23 | (a) Any distributor or retailer liable for the tax imposed | ||||||
24 | by this Act shall, on or before the last day of March, June, |
| |||||||
| |||||||
1 | September, and December of each year, return to the Department | ||||||
2 | under oath of a person with legal authority to bind the | ||||||
3 | distributor or retailer, a statement containing its name and | ||||||
4 | place of business, the quantity of sugar-sweetened beverages, | ||||||
5 | syrup, and powders subject to the excise tax imposed by this | ||||||
6 | Act sold or offered for sale in the 3 months immediately | ||||||
7 | preceding the month in which the report is due, and any other | ||||||
8 | information required by the Department, along with the tax due. | ||||||
9 | (b) The Department shall deposit the proceeds of the tax | ||||||
10 | into the Illinois Wellness Fund as described in Section 60.
| ||||||
11 | Section 35. Records of distributors. Every distributor and | ||||||
12 | every retailer subject to this Act shall maintain for not less | ||||||
13 | than 2 years accurate records, showing all transactions that | ||||||
14 | gave rise, or may have given rise, to tax liability under this | ||||||
15 | Act. Such records are subject to inspection by the Department | ||||||
16 | at all reasonable times during normal business hours.
| ||||||
17 | Section 40. Exemptions. The following shall be exempt from | ||||||
18 | the tax imposed by Section 20: | ||||||
19 | (1) Bottled sugar-sweetened beverages, syrups, and | ||||||
20 | powders sold by a distributor or a retailer expressly for | ||||||
21 | resale or consumption outside of the State. | ||||||
22 | (2) Bottled sugar-sweetened beverages, syrups, and | ||||||
23 | powders sold by a distributor to another distributor that | ||||||
24 | holds a permit issued under Section 15, if the sales |
| |||||||
| |||||||
1 | invoice clearly indicates that the sale is exempt. If the | ||||||
2 | sale is to a person who is both a distributor and a | ||||||
3 | retailer, the sale shall also be tax exempt and the tax | ||||||
4 | shall be paid when the purchasing distributor-retailer | ||||||
5 | resells the product to a retailer or a consumer. This | ||||||
6 | exemption does not apply to any other sale to a retailer.
| ||||||
7 | Section 45. Penalties. | ||||||
8 | (a) Any distributor, retailer, or other person subject to | ||||||
9 | the provisions of this Act who fails to pay the entire amount | ||||||
10 | of tax imposed by this Act by the date that payment is due, | ||||||
11 | fails to submit a report or maintain records required by this | ||||||
12 | Act, does business in the State of Illinois without first | ||||||
13 | obtaining a permit as required by this Act, or violates any | ||||||
14 | other provision of this Act, or rules and regulations adopted | ||||||
15 | by the Department for the enforcement of this Act, shall be | ||||||
16 | guilty of a misdemeanor and shall also be liable for the | ||||||
17 | penalties set forth and incorporated by reference into this | ||||||
18 | section.
| ||||||
19 | (b) Incorporation by reference. All of the provisions of | ||||||
20 | Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, | ||||||
21 | 6b, 6c, 8, 9, 10, 11, 11a, and 12 of the Retailers' Occupation | ||||||
22 | Tax Act, and all applicable provisions of the Uniform Penalty | ||||||
23 | and Interest Act that are not inconsistent with this Act, apply | ||||||
24 | to Distributors of Sugar-Sweetened Beverages to the same extent | ||||||
25 | as if those provisions were included in this Act. References in |
| |||||||
| |||||||
1 | the incorporated sections of the Retailers' Occupation Tax Act | ||||||
2 | to retailers, to sellers, or to persons engaged in the business | ||||||
3 | of selling tangible personal property mean Distributors and/or | ||||||
4 | Retailers when used in this Act. References in the incorporated | ||||||
5 | Sections to sales of tangible personal property mean sales of | ||||||
6 | sugar-sweetened beverages, syrups, and powders when used in | ||||||
7 | this Act. | ||||||
8 | (c) In addition to any other penalty authorized by law, a | ||||||
9 | permit issued pursuant to Section 15 shall be suspended or | ||||||
10 | revoked if any court of competent jurisdiction determines, or | ||||||
11 | the Department finds based on a preponderance of the evidence, | ||||||
12 | after the permittee is afforded notice and an opportunity to be | ||||||
13 | heard, that the permittee, or any of the permittee's agents or | ||||||
14 | employees, has violated any of the requirements, conditions, or | ||||||
15 | prohibitions of this chapter. | ||||||
16 | (1) For a first violation of this Act within any | ||||||
17 | 60-month period, the permit shall be suspended for 30 days. | ||||||
18 | (2) For a second violation of this Act within any | ||||||
19 | 60-month period, the permit shall be suspended for 90 days. | ||||||
20 | (3) For a third violation of this Act within any | ||||||
21 | 60-month period, the permit shall be suspended for one | ||||||
22 | year. | ||||||
23 | (4) For a fourth or subsequent violation of this Act | ||||||
24 | within any 60-month period, the license shall be revoked. | ||||||
25 | (d) A decision of the Department under this Section is a | ||||||
26 | final administrative decision and is subject to review under |
| |||||||
| |||||||
1 | the Administrative Review Law.
| ||||||
2 | Section 50. Unpaid taxes a debt. All taxes and penalties | ||||||
3 | imposed under the provisions of this Act remaining due and | ||||||
4 | unpaid shall constitute a debt to the State, which may be | ||||||
5 | collected from the person owing same by suit or otherwise.
| ||||||
6 | Section 55. Records of Department. At the end of each | ||||||
7 | month, the State Auditor General shall check the books and | ||||||
8 | records of the Department and its accounts with any bank or | ||||||
9 | banks, and shall verify the amounts collected pursuant to this | ||||||
10 | Act and paid into the Illinois Wellness Fund within the State | ||||||
11 | treasury. Any duty herein required of the State Auditor General | ||||||
12 | may be performed by any duly trained clerk in his office, | ||||||
13 | designated by the State Auditor General for that purpose.
| ||||||
14 | Section 60. Revenue distribution and establishment of | ||||||
15 | Illinois Wellness Fund. The Illinois Wellness Fund is hereby | ||||||
16 | created as a special fund in the State treasury. All of the | ||||||
17 | moneys collected pursuant to the taxes imposed by Section 20 | ||||||
18 | shall be deposited into the Illinois Wellness Fund. After | ||||||
19 | administrative costs have been deducted, 50% of the moneys | ||||||
20 | shall be allocated as provided in Section 65, and 50% of the | ||||||
21 | moneys shall be allocated as provided in Section 75. All costs | ||||||
22 | to implement this Act shall be paid from the Illinois Wellness | ||||||
23 | Fund prior to the distribution of the funds as described in |
| |||||||
| |||||||
1 | this Section.
| ||||||
2 | Section 65. Governance and expenditure of Illinois | ||||||
3 | Wellness Fund. | ||||||
4 | (a) Except as otherwise provided in subsection (b), 50% of | ||||||
5 | the moneys in the Illinois Wellness Fund shall be used as | ||||||
6 | follows: | ||||||
7 | (1) Up to 4% of the moneys each year shall be dedicated | ||||||
8 | to administration of the Fund by the Office of the | ||||||
9 | Governor, the Illinois Department of Public Health, the | ||||||
10 | State Board of Education, and the Council of Agencies. | ||||||
11 | (2) At least 3% but not more than 5% of the moneys | ||||||
12 | collected into the Fund shall be dedicated to evaluation of | ||||||
13 | the impact of the Act on the health and wellness of | ||||||
14 | Illinoisans. Evaluation of the Act shall be conducted by an | ||||||
15 | independent evaluator selected by the Department of Public | ||||||
16 | Health in consultation with the Council and Advisory Board. | ||||||
17 | The evaluation shall encompass the impact of the Wellness | ||||||
18 | Fund and the effect of the tax on the consumption of | ||||||
19 | sugar-sweetened beverages and obesity rates, among other | ||||||
20 | indicators. The evaluator shall report annually to the | ||||||
21 | Council of State Agencies and the Advisory Board on the | ||||||
22 | progress and results of the evaluation. | ||||||
23 | (3) At least 3% but not more than 5% of the moneys | ||||||
24 | collected into the Fund shall be dedicated to providing | ||||||
25 | technical assistance to and statewide coordination of |
| |||||||
| |||||||
1 | strategies and activities of recipients of funding from the | ||||||
2 | Fund. | ||||||
3 | (4) The remainder of the moneys in the Fund shall be | ||||||
4 | used to support the prevention of obesity, diabetes and | ||||||
5 | cardiovascular disease, and cancer, and for oral health | ||||||
6 | improvements, including, but not limited to, the following | ||||||
7 | programs: | ||||||
8 | (A) school health and wellness, including | ||||||
9 | increased consumption of healthy foods, increased | ||||||
10 | physical activity and physical education, improved | ||||||
11 | quality of physical education, increased health | ||||||
12 | education, improved health, mental health, oral | ||||||
13 | health, and social services in schools, and school | ||||||
14 | facility improvements that support health; | ||||||
15 | (B) public health leadership and infrastructure | ||||||
16 | for obesity and chronic disease prevention; this | ||||||
17 | funding shall support leadership, coordination, | ||||||
18 | technical assistance, quality improvement, and | ||||||
19 | training for programs or coalitions led by health | ||||||
20 | departments, associations, or institutes that use | ||||||
21 | educational, environmental, policy, and other | ||||||
22 | evidence-based public health approaches that achieve | ||||||
23 | the following goals: eliminating racial, ethnic, and | ||||||
24 | socioeconomic disparities in obesity and chronic | ||||||
25 | diseases; improving access to and consumption of | ||||||
26 | healthy, safe, and affordable foods; reducing access |
| |||||||
| |||||||
1 | to and consumption of calorie-dense, nutrient-poor | ||||||
2 | foods; encouraging physical activity; decreasing | ||||||
3 | sedentary behavior; raising awareness about the | ||||||
4 | importance of nutrition and physical activity to | ||||||
5 | chronic disease prevention, including diabetes, | ||||||
6 | cardiovascular disease, and cancer prevention | ||||||
7 | education; supporting local food systems production | ||||||
8 | and distribution; supporting clinical preventive | ||||||
9 | services; | ||||||
10 | (C) oral health improvement, including increased | ||||||
11 | access to oral health education, dental sealants for | ||||||
12 | children, and use of community prevention and health | ||||||
13 | education strategies that reduce risk factors for oral | ||||||
14 | and pharyngeal cancers; | ||||||
15 | (D) community nutrition and access to healthy | ||||||
16 | foods, including nutrition education, healthy cooking | ||||||
17 | programs, healthy vending, healthy food procurement, | ||||||
18 | education regarding shopping for healthy foods, and | ||||||
19 | increasing access to healthy foods; | ||||||
20 | (E) physical activity in communities, including | ||||||
21 | active transportation, community walkability and | ||||||
22 | bike-ability initiatives, multi-use trails, joint-use | ||||||
23 | agreements, safe routes to schools, educational | ||||||
24 | programs that promote physical activity, and | ||||||
25 | environmental changes that increase physical activity; | ||||||
26 | (F) worksite wellness, including promotion of |
| |||||||
| |||||||
1 | nutrition, physical activity and preventive services | ||||||
2 | in worksites, workplace policies and environmental | ||||||
3 | changes that support employee wellness; | ||||||
4 | (G) local food systems, including promotion of | ||||||
5 | access to and consumption of local foods, | ||||||
6 | farm-to-school and farm-to-institution programs, | ||||||
7 | healthy food procurement, community gardens, urban | ||||||
8 | agriculture projects, community-supported agriculture | ||||||
9 | programs, farmers markets, food hubs, beginning farmer | ||||||
10 | training programs, and farm stands; and | ||||||
11 | (H) regional public health hubs as described in the | ||||||
12 | Illinois Alliance for Health State Healthcare | ||||||
13 | Innovations Plan. | ||||||
14 | (b) In the first 3 years after the Fund is established, 50% | ||||||
15 | of the moneys in the Illinois Wellness Fund shall be allocated | ||||||
16 | as follows: | ||||||
17 | (1) 10% for administration, evaluation and technical | ||||||
18 | support of the Fund, as provided in item (1) of subsection | ||||||
19 | (a); | ||||||
20 | (2) 20% for school health and wellness; | ||||||
21 | (3) 20% for public health leadership and | ||||||
22 | infrastructure for obesity and chronic disease prevention; | ||||||
23 | (4) 10% for oral health; | ||||||
24 | (5) 10% for community nutrition and access to healthy | ||||||
25 | foods; | ||||||
26 | (6) 10% for physical activity in communities; |
| |||||||
| |||||||
1 | (7) 10% for local food systems; | ||||||
2 | (8) 5% for worksite wellness; and | ||||||
3 | (9) 5% for regional health hubs. | ||||||
4 | (c) All moneys in the Illinois Wellness Fund allocated in | ||||||
5 | accordance with this Section shall be expended only for the | ||||||
6 | purposes expressed in this Act and shall be used only to | ||||||
7 | supplement existing levels of service and not to supplant | ||||||
8 | current federal, State, or local funding for existing levels of | ||||||
9 | services as provided in fiscal year 2014. | ||||||
10 | (d) Entities that are eligible to receive moneys from the | ||||||
11 | Fund under this Section include: | ||||||
12 | (1) units of local government, including school | ||||||
13 | districts, and State governments or governmental | ||||||
14 | departments; | ||||||
15 | (2) non-profit organizations; | ||||||
16 | (3) schools; | ||||||
17 | (4) federally Qualified Health Centers, community | ||||||
18 | health centers, and organizations which operate a | ||||||
19 | school-based health center certified by the Illinois | ||||||
20 | Department of Public Health; | ||||||
21 | (5) hospitals; | ||||||
22 | (6) Illinois farms producing primarily fruits, | ||||||
23 | vegetables and tree nuts for direct human consumption by | ||||||
24 | Illinois residents; and | ||||||
25 | (7) policy, research, or training institutes or | ||||||
26 | centers.
|
| |||||||
| |||||||
1 | Section 70. Illinois Wellness Fund; governance. | ||||||
2 | (a) The Illinois Wellness Fund shall be governed by a | ||||||
3 | Council of State Agencies with input from a multi-sector | ||||||
4 | Advisory Board. The Council of State Agencies shall be | ||||||
5 | comprised of one representative from each of the following | ||||||
6 | Departments: the Department of Public Health, the Department of | ||||||
7 | Human Services, State Board of Education, the Department of | ||||||
8 | Healthcare and Family Services, the Department on Aging, the | ||||||
9 | Department of Transportation, and the Department of | ||||||
10 | Agriculture. | ||||||
11 | (b) The Council's functions shall include: | ||||||
12 | (1) distribution of the Illinois Wellness Fund moneys | ||||||
13 | pursuant to Section 65 to eligible entities each year, | ||||||
14 | including: | ||||||
15 | (A) allocation of funds for staff and resources to | ||||||
16 | State agencies responsible for administering the | ||||||
17 | Wellness Fund, including a Health in All Policies | ||||||
18 | Coordinator to support the Council of State Agencies | ||||||
19 | and Advisory Board; | ||||||
20 | (B) selection of and allocation to eligible | ||||||
21 | entities, including organizations, associations, and | ||||||
22 | universities, that provide technical assistance to | ||||||
23 | request for proposal grantees and evaluation of the | ||||||
24 | impact of the Act; | ||||||
25 | (C) distribution of one-half of the funds |
| |||||||
| |||||||
1 | allocated for public health leadership and | ||||||
2 | infrastructure under Section 65 directly to Local | ||||||
3 | Health Departments via an allocation formula developed | ||||||
4 | by the Department of Public Health for the purpose of | ||||||
5 | providing local coordination of Illinois Wellness Fund | ||||||
6 | grantees within their jurisdiction, if any, and for | ||||||
7 | local leadership of educational, environmental, | ||||||
8 | policy, and other evidence-based public health | ||||||
9 | approaches; | ||||||
10 | (D) distribution of the remaining funds to | ||||||
11 | eligible entities as recommended by the Advisory Board | ||||||
12 | based on a request for proposal process or processes; | ||||||
13 | and | ||||||
14 | (E) to advise on the selection of evaluators and | ||||||
15 | provide input on the evaluation design, goals, and | ||||||
16 | methods, at least annually receive and review a | ||||||
17 | progress report on the results of the evaluation; | ||||||
18 | (2) distribution of Illinois Wellness Fund moneys to | ||||||
19 | the Illinois Medicaid program pursuant to Section 75; and | ||||||
20 | (3) submission of a report to the General Assembly | ||||||
21 | every 3 years on the allocation of the funds and summary | ||||||
22 | results of the impact evaluation of the Illinois Wellness | ||||||
23 | Fund under Section 65 of this Act and the tax. | ||||||
24 | (c) The multi-sector Advisory Board shall include the | ||||||
25 | following members: | ||||||
26 | (1) one obesity prevention advocate appointed by a |
| |||||||
| |||||||
1 | statewide coalition working on reducing obesity through | ||||||
2 | policy, systems, and environmental changes; | ||||||
3 | (2) one school superintendent appointed by an | ||||||
4 | association representing school administrators; | ||||||
5 | (3) one physical education or health teacher appointed | ||||||
6 | by an association representing physical education and | ||||||
7 | health teachers; | ||||||
8 | (4) one oral health advocate appointed by a statewide | ||||||
9 | coalition working to promote oral health; | ||||||
10 | (5) one person appointed by a statewide organization | ||||||
11 | focusing on chronic disease prevention; | ||||||
12 | (6) one person appointed by an organization or | ||||||
13 | coalition focusing on active transportation; | ||||||
14 | (7) one person appointed by an organization or | ||||||
15 | coalition representing employer wellness initiatives; | ||||||
16 | (8) one person appointed by an organization or | ||||||
17 | coalition promoting healthy foods initiatives; | ||||||
18 | (9) one person appointed by a community-based obesity | ||||||
19 | prevention program; | ||||||
20 | (10) one person appointed by an association | ||||||
21 | representing hospitals across the State; | ||||||
22 | (11) 2 people appointed by associations representing | ||||||
23 | health departments; one person shall be appointed from the | ||||||
24 | southern region of the State, and one person shall be | ||||||
25 | appointed from the northern region of the State; | ||||||
26 | (12) one person appointed by an association |
| |||||||
| |||||||
1 | representing public health practitioners; | ||||||
2 | (13) one pediatrician appointed by an organization | ||||||
3 | representing pediatricians in the State; | ||||||
4 | (14) one dietitian appointed by an association | ||||||
5 | representing dietitians in the State; | ||||||
6 | (15) 2 people appointed by a community-based healthy | ||||||
7 | eating and active living coalition; | ||||||
8 | (16) 2 people representing communities of color or | ||||||
9 | communities that are disproportionately impacted by | ||||||
10 | obesity, appointed by the Governor; and | ||||||
11 | (17) 4 State legislators, one appointed by each of the | ||||||
12 | following: the Speaker and Minority Leader of the Illinois | ||||||
13 | House of Representatives and the President and Minority | ||||||
14 | Leader of the Illinois Senate. | ||||||
15 | (d) The Advisory Board's functions shall include: | ||||||
16 | (1) to review and make recommendations to the Council | ||||||
17 | of Agencies and Office of the Governor on the Fund | ||||||
18 | allocation formula every 3 years based on an assessment of | ||||||
19 | the State's current conditions and needs related to chronic | ||||||
20 | disease prevention; the allocation formula may include | ||||||
21 | funds for expanding existing wellness programs, policies, | ||||||
22 | and initiatives, and funds for starting new programs, | ||||||
23 | policies, or initiative; | ||||||
24 | (2) development and implementation of a request for | ||||||
25 | proposal process for allocating the Illinois Wellness Fund | ||||||
26 | moneys via grants across the State each year; the Advisory |
| |||||||
| |||||||
1 | Board shall make funding recommendations to the Council of | ||||||
2 | Agencies for distribution of the funds; and | ||||||
3 | (3) to annually receive and review the evaluation | ||||||
4 | progress report.
| ||||||
5 | Section 75. Expenditures for the Illinois Medicaid | ||||||
6 | Program. Fifty percent of all moneys collected from the tax | ||||||
7 | shall be allocated from the Illinois Wellness Fund to the | ||||||
8 | Illinois Medicaid program by means of a Medicaid Fund. The | ||||||
9 | Department of Healthcare and Family Services shall seek | ||||||
10 | permission to amend the Medicaid State Plan to maximize the | ||||||
11 | federal match, as needed. The Medicaid Fund shall be designated | ||||||
12 | to include payment for the following services: | ||||||
13 | (1) restoring adult dental services and expanding | ||||||
14 | dental services for children and adults, including | ||||||
15 | expansion of prevention services; | ||||||
16 | (2) providing payments for medical nutrition therapy, | ||||||
17 | care coordination, weight management programs, and other | ||||||
18 | evidence-based multi-disciplinary obesity treatment | ||||||
19 | programs for overweight and obese patients, including | ||||||
20 | coverage for services from dietitians, social workers, | ||||||
21 | psychologists, and pharmacists; | ||||||
22 | (3) providing payment for non-licensed community | ||||||
23 | providers providing evidence-based physical
activity and | ||||||
24 | nutrition programs for obese children and adults and | ||||||
25 | diabetes and other health-behavior focused chronic disease |
| |||||||
| |||||||
1 | self-management and chronic disease prevention programs | ||||||
2 | for children and
adults, including, but not
limited to, | ||||||
3 | participation in
the evidence-based Diabetes Prevention | ||||||
4 | Program, Chronic
Disease Self-Management Program, MEND | ||||||
5 | program, and Diabetes
Self-Management Program; | ||||||
6 | (4) funding coverage for all US Preventive Services | ||||||
7 | Task Force A & B Recommendations; | ||||||
8 | (5) supporting and expanding language access services | ||||||
9 | for Medicaid recipients; and | ||||||
10 | (6) funding activities of the State Healthcare | ||||||
11 | Innovations Plan and Path to Transformation for Medicaid. | ||||||
12 | Any remaining funds may be used for existing services and | ||||||
13 | purposes of the Illinois Medicaid program.
| ||||||
14 | Section 80. Rulemaking. The Department of Public Health, | ||||||
15 | the State Board of Education, the Department of Healthcare and | ||||||
16 | Family Services, and the Department of Revenue may adopt rules | ||||||
17 | to implement the provisions of this Act.
| ||||||
18 | Section 97. Severability. The provisions of this Act are | ||||||
19 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
20 | Section 99. Effective date. This Act takes effect January | ||||||
21 | 1, 2015.".
|