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92_HB0924 LRB9204409DJcs 1 AN ACT in relation to health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Youth Smoking Prevention Act. 6 Section 5. Definitions. In this Act: 7 "Advisory Committee" means the Youth Smoking Prevention 8 Advisory Committee established under Section 10 to develop a 9 State Plan for Youth Smoking Prevention and to make 10 recommendations concerning grants from the fund for the 11 purpose of reducing the consumption of cigarettes by minors. 12 "Fund" means the Youth Smoking Prevention Fund 13 established under Section 15. 14 "Grantee" means a public entity or private nonprofit 15 entity approved to receive moneys from the fund for qualified 16 youth smoking prevention programs. 17 "Qualified youth smoking prevention program" means a 18 program that meets the criteria set forth in the State Plan 19 for Youth Smoking Prevention. 20 "State plan" means the State Plan for Youth Smoking 21 Prevention adopted under Section 20. 22 Section 10. Youth Smoking Prevention Advisory Committee. 23 (a) The Youth Smoking Prevention Advisory Committee is 24 established. The Advisory Committee shall consist of the 25 following 13 members appointed by the Governor with the 26 approval of the Senate: 27 (1) Three representatives of public health 28 agencies. 29 (2) Three health professionals. 30 (3) Two youths at least 12 years of age and less -2- LRB9204409DJcs 1 than 18 years of age. 2 (4) Five citizens of the State with knowledge, 3 competence, experience, or interest in youth smoking 4 prevention, or other relevant background including, but 5 not limited to, youth education, public health, social 6 science, and business expertise. 7 All members must be residents of the State. 8 (b) Advisory Committee members shall serve for a term of 9 2 years and until their successors are appointed and 10 qualified. A vacancy on the Advisory Committee must be 11 filled in the same manner as the original appointment for the 12 remainder of the unexpired term. 13 (c) The Governor shall convene the Advisory Committee's 14 first meeting by March 15, 2002, and the members of the 15 Advisory Committee shall elect a chairman and vice chairman. 16 A majority of members of the Advisory Committee serving at 17 any one time constitute a quorum for the transaction of 18 business. 19 Section 15. Youth Smoking Prevention Fund. 20 (a) The Youth Smoking Prevention Fund is created as a 21 special fund in the State treasury. The fund shall consist of 22 (i) moneys transferred into it from the Tobacco Settlement 23 Recovery Fund for the purpose of the prevention of youth 24 smoking and (ii) all other moneys, including appropriations, 25 gifts, grants, or other moneys, designated for the fund. All 26 interest derived from the deposit and investment of moneys in 27 the fund must be credited to the fund. 28 (b) All moneys in the fund are subject to annual 29 appropriations by the General Assembly for the purposes 30 described in this Act and are available for the award of 31 grants for qualified youth smoking prevention programs. 32 Section 20. State Plan for Youth Smoking Prevention. -3- LRB9204409DJcs 1 (a) On or before June 30, 2002, the Advisory Committee 2 shall propose a State Plan for Youth Smoking Prevention. On 3 or before June 30 of each subsequent year, the Advisory 4 Committee may propose amendments to the plan. The Advisory 5 Committee shall submit its proposed State plan or any 6 proposed amendments to it to the Governor, the General 7 Assembly, the Department of Human Services, the Department of 8 Public Health, and the Attorney General. 9 (b) On or before January 30, 2003, the Advisory 10 Committee shall adopt a final State plan and shall make the 11 plan public. On or before January 30 of each subsequent 12 year, the Advisory Committee shall adopt any proposed 13 amendments to the State plan and shall make the amended State 14 plan public. 15 (c) The State plan must set forth the criteria by which 16 grant proposals are considered by the Advisory Committee. 17 The plan must also describe the types of youth smoking 18 prevention programs that are eligible for consideration for 19 grants from the fund. The eligible programs include, but are 20 not limited to, the following: 21 (1) Media campaigns directed to youth to prevent 22 underage consumption of cigarettes. 23 (2) School-based education programs to prevent 24 youth smoking. 25 (3) Community-based youth programs involving youth 26 smoking prevention through general youth development. 27 (4) Enforcement and administration of State laws 28 related to the prevention of cigarette sales to minors, 29 related retailer education, and compliance efforts. 30 The State plan must provide that no less than 50% of the 31 dollar value of the grants awarded in each year is dedicated 32 to programs described in items (2) and (3). 33 (d) The State plan must further provide for a grant for 34 an annual statewide school-based survey must to measure -4- LRB9204409DJcs 1 cigarette use and behaviors toward cigarette use by 2 individuals in grades 6-12. This survey must meet all of the 3 following criteria: 4 (1) It must involve a statistically valid sample of 5 the individuals in each grade from 6th through 12th. 6 (2) It must not include any individual who is 18 7 years of age or older. 8 (3) It must be made available to the public, along 9 with the resulting data, excluding respondent identities 10 and respondent-identifiable data, before September 1 each 11 year. 12 (e) The State plan must provide that no more than 5% of 13 the moneys in the fund may be spent on the administrative 14 costs of the Advisory Committee. 15 (f) The development and adoption of the State plan is 16 not subject to the notice and comment provisions of the 17 Illinois Administrative Procedure Act. 18 Section 25 Grants. 19 (a) The Advisory Committee must meet at least 4 times a 20 year to review applications for grants for youth smoking 21 prevention programs. A grant may not be awarded without the 22 recommendation of the Advisory Committee. To the extent 23 practicable and consistent with the criteria for qualified 24 applicants set forth in the State plan, the Advisory 25 Committee shall recommend awards equal to the total amount of 26 moneys appropriated in each fiscal year for qualified youth 27 smoking prevention programs less the Advisory Committee's 28 administrative costs. 29 (b) An applicant for a grant for a qualified youth 30 smoking prevention program must file an application with the 31 Department of Public Health no later than November 1 of the 32 year preceding the fiscal year for which the grant is 33 requested. The Department shall forward all applications to -5- LRB9204409DJcs 1 the Advisory Committee for the Advisory Committee's 2 recommendations concerning the awarding of grants. 3 (c) An applicant that requests funding to initiate, 4 continue, or expand a youth smoking prevention program must 5 demonstrate, by means of application, letters of 6 recommendation, and other means the Department of Public 7 Health may designate, that the proposed youth smoking 8 prevention program for which it seeks funding meets the 9 criteria set forth in the State plan. Previous grant 10 recipients must include recent evaluations of their programs 11 with their applications. The Advisory Committee may not 12 recommend the award of a grant unless it makes a specific 13 finding, as to each applicant, that the program proposed to 14 be funded meets the criteria set forth in the State plan. 15 (d) In addition to evaluating the funding request 16 pursuant to the criteria set forth in the State plan, the 17 Advisory Committee must consider the following: 18 (1) In the case of applications to fund media 19 campaigns directed to youth to prevent underage 20 consumption of cigarettes, whether the campaign provides 21 for sound management and periodic evaluation of the 22 campaign's relevance to the intended audience, including 23 audience awareness of the campaign and recollection of 24 the main message. 25 (2) In the case of applications to fund 26 school-based education programs to prevent youth smoking, 27 whether there is credible evidence that the program is 28 effective in reducing youth smoking. 29 (3) In the case of applications to fund 30 community-based youth programs involving youth smoking 31 prevention through general youth development, whether the 32 program: 33 (A) has a comprehensive strategy with a clear 34 mission and goals; -6- LRB9204409DJcs 1 (B) has committed, caring, and professional 2 leadership; 3 (C) offers a diverse array of youth-centered 4 activities in youth-accessible facilities; 5 (D) is culturally sensitive, inclusive, and 6 diverse; 7 (E) involves youth in the planning, delivery, 8 and evaluation of services that affect them; and 9 (F) offers a positive focus including all 10 youth. 11 (4) In the case of applications to fund 12 enforcement and administration of State laws related to 13 the prevention of cigarette sales to minors and to 14 related retailer education and compliance efforts, 15 whether those activities and efforts can reasonably be 16 expected to reduce the extent to which tobacco products 17 are available to individuals under the age of 18. 18 (e) State and local government departments and agencies 19 are eligible for grants under this Act. 20 Section 30. Announcement of grant awards. On or before 21 March 1 of each year, the Department of Public Health shall 22 announce the award of grants for the next fiscal year. Any 23 moneys appropriated for qualified youth smoking prevention 24 programs not spent in any fiscal year shall be retained in 25 the fund and available for qualified youth smoking prevention 26 programs in the following year. 27 Section 35. Reports by grantees. 28 (a) As a condition for the receipt of a grant under this 29 Act, a grantee must agree to file a report with the 30 Department of Public Health, on or before September 13 after 31 the end of the fiscal year for which the grant was awarded, 32 as to the following: -7- LRB9204409DJcs 1 (1) The amount received as a grant and the 2 expenditures made with the grant proceeds. 3 (2) A description of the program offered and the 4 number of youths who participated in the program. 5 (3) Specific elements of the program meeting the 6 criteria set forth in the State plan. 7 (b) A grantee who fails to timely file the report 8 required under this Section is subject to the jurisdiction of 9 the Attorney General for repayment of the full amount of the 10 grant expended. 11 (c) The Department of Public Health shall review and 12 evaluate the reports of grantees required under this Section. 13 Section 40. Report by Department of Public Health. The 14 Department of Public Health shall file a written report with 15 the Governor and the General Assembly on or before February 1 16 of each year on the status of the fund and the activities of 17 the fund for the fiscal year most recently ended. The report 18 must include a copy of the annual audit, the name of each 19 grantee, the amount of each grant awarded under this Act, the 20 criteria used to award each grant, and whether the program 21 implemented by each grantee met the criteria set forth in the 22 State plan. The report must be made available to the public 23 immediately upon its filing. 24 Section 90. The State Finance Act is amended by adding 25 Section 5.545 as follows: 26 (30 ILCS 105/5.545 new) 27 Sec. 5.545. The Youth Smoking Prevention Fund.
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