093_SB0062

 
                                     LRB093 02169 DRJ 02176 b

 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  5.  The  Department  of Public Health Powers and
 5    Duties Law of the Civil Administrative Code  of  Illinois  is
 6    amended by adding Section 2310-338 as follows:

 7        (20 ILCS 2310/2310-338 new)
 8        Sec. 2310-338.  Comprehensive statewide asthma management
 9    plan.
10        (a)  Subject   to  appropriation,  the  Department  shall
11    develop,  maintain,   and   revise   biennially   a   written
12    comprehensive   statewide   plan   (the   "statewide   asthma
13    management    plan")   for   (i)   reducing   the   rate   of
14    hospitalizations due to  asthma  and  (ii)  facilitating  the
15    effective  management  of  asthma in persons with asthma  who
16    reside in Illinois. The plan shall address, but need  not  be
17    limited  to:  disease  surveillance and investigation; public
18    and professional education; identification and replication of
19    the  best  practices   for   public   health   and   clinical
20    interventions;  public  and  private partnerships with health
21    care providers, third-party payors, local school systems, and
22    community coalitions; and identification of sources of  grant
23    funding. The plan shall place primary emphasis on, but not be
24    limited to, children between the ages of birth and 18 years.
25        (b)  In  order to develop the statewide asthma management
26    plan, the Department shall consult with:  representatives  of
27    the   medical,   nursing,   pharmacy,   and   allied   health
28    professions;  public  health  agencies;  community  coalition
29    leaders;  insurers;  hospital  personnel;  the State Board of
30    Education and local school  systems;  and  other  appropriate
31    entities.
 
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 1        (c)  Subject  to  appropriations,  the  Department  shall
 2    implement  programs  to  meet the objectives of the statewide
 3    asthma management plan. The Department shall ensure,  to  the
 4    extent  feasible  and  appropriate,  that existing Department
 5    programs,  systems,  and   infrastructure   are   efficiently
 6    utilized as a basis for implementing the plan.
 7        (d)  The  Department  shall  adopt rules to implement the
 8    provisions of the statewide asthma management plan.
 9        (e)  The Department shall report by December 31  of  each
10    year  to the Governor and the General Assembly concerning (i)
11    the development and implementation of  the  statewide  asthma
12    management   plan   and   (ii)   the   effectiveness  of  the
13    Department's   programs   in    reducing    the    rate    of
14    hospitalizations  due to asthma in the State and facilitating
15    more effective management of asthma.

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

18        (30 ILCS 105/6z-43)
19        Sec. 6z-43. Tobacco Settlement Recovery Fund.
20        (a)  There is created in the  State  Treasury  a  special
21    fund  to  be  known  as the Tobacco Settlement Recovery Fund,
22    into which shall be deposited all monies paid  to  the  State
23    pursuant  to  (1)  the Master Settlement Agreement entered in
24    the case of People of the State of Illinois v. Philip Morris,
25    et al. (Circuit Court of Cook County, No. 96-L13146) and  (2)
26    any  settlement  with or judgment against any tobacco product
27    manufacturer other  than  one  participating  in  the  Master
28    Settlement Agreement in satisfaction of any released claim as
29    defined  in  the  Master Settlement Agreement, as well as any
30    other monies as  provided  by  law.   All  earnings  on  Fund
31    investments  shall  be  deposited  into  the  Fund.  Upon the
32    creation of the Fund, the State Comptroller shall  order  the
 
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 1    State  Treasurer to transfer into the Fund any monies paid to
 2    the State as described in item (1) or  (2)  of  this  Section
 3    before  the  creation of the Fund plus any interest earned on
 4    the investment of those monies.  The Treasurer may invest the
 5    moneys in the Fund in the same manner, in the same  types  of
 6    investments,  and subject to the same limitations provided in
 7    the Illinois Pension Code for the investment of pension funds
 8    other than those established under Article  3  or  4  of  the
 9    Code.
10        (a-5)  In  addition  to  any other use authorized by law,
11    moneys  in  the  Tobacco  Settlement  Recovery  Fund  may  be
12    appropriated for use in funding  the  implementation  of  the
13    statewide  asthma management plan developed by the Department
14    of Public Health under Section 2310-338 of the Department  of
15    Public Health Powers and Duties Law (20 ILCS 2310/2310-338).
16        (b)  As  soon  as  may  be practical after June 30, 2001,
17    upon notification from and at the direction of the  Governor,
18    the  State  Comptroller  shall direct and the State Treasurer
19    shall  transfer  the  unencumbered  balance  in  the  Tobacco
20    Settlement Recovery Fund as of June 30, 2001,  as  determined
21    by  the  Governor,  into  the Budget Stabilization Fund.  The
22    Treasurer may invest the moneys in the  Budget  Stabilization
23    Fund  in  the  same manner, in the same types of investments,
24    and subject to the same limitations provided in the  Illinois
25    Pension  Code  for the investment of pension funds other than
26    those established under Article 3 or 4 of the Code.
27        (c)  In addition to any other deposits authorized by law,
28    after any delivery of any bonds as authorized by Section  7.5
29    of  the  General  Obligation  Bond  Act  for  deposits to the
30    General  Revenue  Fund  and  the  Budget  Stabilization  Fund
31    (referred to as "tobacco  securitization  general  obligation
32    bonds"),  the  Governor  shall certify, on or before June 30,
33    2003 and June 30  of  each  year  thereafter,  to  the  State
34    Comptroller and State Treasurer the total amount of principal
 
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 1    of,  interest  on, and premium, if any, due on those bonds in
 2    the next fiscal year beginning with  amounts  due  in  fiscal
 3    year  2004.  As soon as practical after the annual payment of
 4    tobacco settlement moneys to the Tobacco Settlement  Recovery
 5    Fund  as  described  in item (1) of subsection (a), the State
 6    Treasurer and  State  Comptroller  shall  transfer  from  the
 7    Tobacco  Settlement  Recovery  Fund to the General Obligation
 8    Bond Retirement and Interest Fund the amount certified by the
 9    Governor, plus any cumulative deficiency in  those  transfers
10    for prior years.
11        (d)   (c)  All  federal  financial  participation  moneys
12    received pursuant to expenditures  from  the  Fund  shall  be
13    deposited into the Fund.
14    (Source:  P.A.  91-646,  eff.  11-19-99; 91-704, eff. 7-1-00;
15    91-797,  eff.  6-9-00;  92-11,  eff.  6-11-01;  92-16,   eff.
16    6-28-01;  92-596, eff. 6-28-02; 92-597, eff. 6-28-02; revised
17    9-3-02.)