HB5690 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5690

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Sugar-Sweetened Beverages, Syrups, and Powder Tax Law. Imposes a tax on distributors of bottled sugar-sweetened beverages, syrups, or powders. Provides that the tax is imposed at the rate of $0.01 per ounce of bottled sugar-sweetened beverages sold or offered for sale to a retailer for sale in the State to a consumer. Provides that the distributor shall add the amount of the tax to the price of sugar-sweetened beverages sold to a retailer, and the retailer shall pass the amount of the tax through to the consumer. Requires those distributors to obtain permits. Contains provisions concerning the distribution of the proceeds. Effective January 1, 2015.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Sugar-Sweetened Beverages, Syrups, and Powder Tax Law.
 
6    Section 5. Findings and purpose. The General Assembly finds
7that:
8    Over the past 30 years, the obesity rate in the United
9States has substantially increased. The prevalence of adult
10obesity has more than doubled during that time. According to
11statistics compiled by the Centers for Disease Control, nearly
1228% of Illinois' adult residents in 2012 were considered obese
13(body mass index (BMI) of 30 and above) and the rate was even
14higher among African American (40.5%) and Hispanic (31.2%)
15residents.
16    For children, the increase in obesity has been even more
17dramatic, with the obesity rate among children ages 6-11 more
18than quadrupling over the last four decades. The State of
19Illinois is not immune to the problem. 21% of Illinois children
20(age 0-17 years) are obese, the fourth worst rate in the
21nation.
22    Obese children are at least twice as likely as non-obese
23children to become obese adults. Research indicates that the

 

 

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1likelihood of an obese child becoming an obese adult increases
2with age; adolescents who are obese have a greater likelihood
3of being obese in adulthood, as compared to younger children.
4    The obesity epidemic has led to a dramatic increase in
5obesity-related health conditions, such as type 2 diabetes,
6asthma, and heart disease. These health conditions costs the
7nation billions of dollars in health care costs and lost
8productivity. Overweight and obesity account for $147 billion
9in health care costs nationally, or 9 percent of all medical
10spending, per year. Obesity-related annual medical
11expenditures in the State of Illinois are estimated at $3.4
12billion in 2003 dollars. Almost 60% of these costs are paid by
13public funds through Medicare and Medicaid.
14    Numerous studies have established a link between obesity
15and consumption of sweetened beverages such as soft drinks,
16energy drinks, sweet teas and sports drinks. One meta-analysis
17of eight studies examining the role of sugar-sweetened beverage
18consumption on health found that consumption was significantly
19associated with type 2 diabetes based on over 15,000 reported
20cases of this condition. Some studies have shown increased risk
21for heart disease independent of weight status, suggesting that
22sugar-sweetened beverages are unhealthy even for people who
23otherwise maintain a normal weight.
24    Sugar-sweetened beverages are the number one source of
25added sugar in the American diet (46% of added sugars). A study
26of a five-year period between 1999 and 2004 showed that

 

 

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1children and adolescents consumed 10-15% of their daily caloric
2intake from sweetened beverages, which offer little or no
3nutritional value and massive quantities of added sugars. For
4example, a single 12-ounce can of soda contains the equivalent
5of approximately 10 teaspoons of sugar; the American Heart
6Association recommends that women consume no more than 6
7teaspoons of added sugar per day, men consume no more than 9
8teaspoons of added sugar per day, and children consume no more
9than 4 teaspoons of added sugar a day.
10    A study found that a penny-per-ounce excise tax on
11sugar-sweetened beverages in Illinois would result in a 23.5
12percent reduction in sugar-sweetened beverage consumption,
13185,127 fewer obese Illinoisans (a 9.3% reduction in youth
14obesity and 5.2% reduction in adult obesity), 3,442 fewer
15incidences of diabetes, and a $150.8 million reduction in
16obesity-related healthcare costs.
17    It is the intent of the Legislature, by adopting the
18Sugar-Sweetened Beverages, Syrups and Powder Tax Law, creating
19the Illinois Wellness Fund, and providing targeted prevention
20and additional health care funding to Medicaid, to diminish the
21human and economic costs of obesity in the State of Illinois.
22This Act is intended to discourage excessive consumption of
23Sugar-Sweetened Beverages by increasing the price of these
24products and by creating a dedicated revenue source for
25programs designed to prevent and treat obesity and for the
26state Medicaid program to reduce the burden of related health

 

 

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1conditions.
 
2    Section 10. Definitions. For purposes of this Act:
3    "Advisory Board" means the Board established under Section
475.
5    "Bottle" means any closed or sealed container regardless of
6size or shape, including, without limitation, those made of
7glass, metal, paper, plastic, or any other material or
8combination of materials.
9    "Bottled sugar-sweetened beverage" means any
10sugar-sweetened beverage contained in a bottle that is ready
11for consumption without further processing such as, without
12limitation, dilution or carbonation.
13    "Caloric sweetener" means any caloric substance suitable
14for human consumption that humans perceive as sweet and
15includes, without limitation, sucrose, fructose, glucose, or
16other sugars. "Caloric sweetener" excludes non-caloric
17sweeteners. For purposes of this definition, "caloric" means a
18substance which adds calories to the diet of a person who
19consumes that substance.
20    "Consumer" means a person who purchases a sugar-sweetened
21beverage for consumption and not for sale to another.
22    "Council" means the Council of State Agencies established
23under Section 70.
24    "Department" means the Department of Revenue.
25    "Distributor" means any person, including manufacturers

 

 

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1and wholesale dealers, who receives, stores, manufactures,
2bottles, or distributes bottled sugar-sweetened beverages,
3syrup, or powder, for sale to retailers doing business in the
4State, whether or not that person also sells such products to
5consumers.
6    "Fund" means the Illinois Wellness Fund.
7    "Non-caloric sweetener" means any non-caloric substance
8suitable for human consumption that humans perceive as sweet
9and includes, without limitation, aspartame, saccharin,
10stevia, and sucralose. "Non-caloric sweetener" excludes
11caloric sweeteners. For purposes of this definition,
12"non-caloric" means a substance that contains fewer than 5
13calories per serving.
14    "Person" means any natural person, partnership,
15cooperative association, limited liability company,
16corporation, personal representative, receiver, trustee,
17assignee, or any other legal entity.
18    "Place of business" means any place where sugar-sweetened
19beverages, syrups, or powder are manufactured or received for
20sale in the state.
21    "Powder" means any solid mixture of ingredients used in
22making, mixing, or compounding sugar-sweetened beverages by
23mixing the powder with any one or more other ingredients,
24including without limitation water, ice, syrup, simple syrup,
25fruits, vegetables, fruit juice, vegetable juice, carbonation
26or other gas.

 

 

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1    "Retailer" means any person who sells or otherwise
2dispenses in the State a sugar-sweetened beverage to a consumer
3whether or not that person is also a distributor as defined in
4this Section.
5    "Sale" means the transfer of title or possession for
6valuable consideration regardless of the manner by which the
7transfer is completed.
8    "State" means the State of Illinois.
9    "Sugar-sweetened beverage" means any nonalcoholic
10beverage, carbonated or noncarbonated, which is intended for
11human consumption and contains any added caloric sweetener. As
12used in this definition, "nonalcoholic beverage" means any
13beverage that contains less than one-half of one percent
14alcohol per volume. The term "sugar-sweetened beverage" does
15not include:
16        (1) beverages sweetened solely with non-caloric
17    sweeteners;
18        (2) beverages consisting of 100% natural fruit or
19    vegetable juice with no added caloric sweetener; for
20    purposes of this paragraph, "natural fruit juice" and
21    "natural vegetable juice" mean the original liquid
22    resulting from the pressing of fruits or vegetables, or the
23    liquid resulting from the dilution of dehydrated natural
24    fruit juice or natural vegetable juice;
25        (3) beverages in which milk, or soy, rice, or similar
26    milk substitute, is the primary ingredient or the first

 

 

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1    listed ingredient on the label of the beverage; for
2    purposes of this Act, "milk" means natural liquid milk
3    regardless of animal or plant source or butterfat content,
4    natural milk concentrate, whether or not reconstituted,
5    regardless of animal or plant source or butterfat content,
6    or dehydrated natural milk, whether or not reconstituted
7    and regardless of animal or plant source or butterfat
8    content;
9        (4) coffee or tea without added caloric sweetener;
10        (5) infant formula;
11        (6) medically necessary foods, as defined in the
12    federal Orphan Drug Act; and
13        (7) water to which neither carbonation nor any other
14    substance has been added, except for minerals and
15    non-caloric flavoring agents.
16    "Syrup" means a liquid mixture of ingredients used in
17making, mixing, or compounding sugar-sweetened beverages using
18one or more other ingredients including, without limitation,
19water, ice, a powder, simple syrup, fruits, vegetables, fruit
20juice, vegetable juice, carbonation, or other gas.
 
21    Section 15. Permit required.
22    (a) Every distributor doing business in the State shall
23file with the Department an application for a permit to engage
24in such business, for each place of business owned and operated
25by the distributor before the sooner of January 1, 2015 or a

 

 

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1distributor's first acts which constitute the doing of business
2in the State. An application for a permit shall be filed on
3forms to be furnished by the Department for that purpose. An
4application must be subscribed and sworn to by a person with
5legal authority to bind the business. The application shall
6identify the owners of the applicant, the applicant's mailing
7address, the place of business to which the permit shall apply,
8and the nature of the business in which engaged, and any other
9information the Department may require for the enforcement of
10this Act.
11    (b) Upon receipt of an application and any permit fee
12hereafter provided for, the Department may issue to the
13applicant, for the place of business designated, a
14non-assignable permit, authorizing the sale of sugar-sweetened
15beverages, syrups, and powder in the State. No distributor
16shall sell any sugar-sweetened beverage, syrup, or powder
17without first obtaining a permit to do so under this Act.
18Permits issued pursuant to this Section shall expire on January
1931 of each year and may be renewed annually.
20    (c) A permit may not be transferred from one person to
21another, and a permit shall at all times be prominently
22displayed in a distributor's place of business. The Department
23may refuse to issue a permit to any Person previously convicted
24of violations of this Act under such procedures as the
25Department may establish by regulation.
 

 

 

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1    Section 20. Tax imposed.
2    (a) There is hereby imposed an excise tax on every
3distributor for the privilege of selling the products governed
4by this Act in the State, calculated as follows:
5        (1) $0.01 per ounce of bottled sugar-sweetened
6    beverages sold or offered for sale to a retailer for sale
7    in the State to a consumer.
8        (2) The tax on syrup and powder sold or offered for
9    sale to a retailer for sale in the State to a consumer,
10    either as syrup or powder or as a sugar-sweetened beverage
11    derived from that syrup or powder, is equal to $0.01 per
12    ounce for each ounce of sugar-sweetened beverage produced
13    from that syrup or powder; for purposes of calculating the
14    tax, the volume of sugar-sweetened beverage produced from
15    syrup or powder shall be the larger of (i) the largest
16    volume resulting from use of the syrup or powder according
17    to any manufacturer's instructions or (ii) the volume
18    actually produced by the retailer, as reasonably
19    determined by the Department.
20        (3) The tax amounts set forth in this Section shall be
21    adjusted annually by the Department in proportion with the
22    Consumer Price Index: All Urban Consumers for All Items for
23    the Midwest Statistical Area, as reported by the United
24    States Bureau of Labor Statistics or any successor to that
25    index.
26    (b) A retailer that sells bottled sugar-sweetened

 

 

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1beverages, syrups, or powders in the State to a consumer, on
2which the tax imposed by this Section has not been paid by a
3distributor, is liable for the tax imposed in subsection (a) at
4the time of sale to a consumer.
 
5    Section 25. Pass-through of the tax. A distributor shall
6add the amount of taxes levied by this Act to the price of
7sugar-sweetened beverages sold to a retailer, and the retailer
8shall pass the amount of the tax through to the consumer as a
9component of the final retail purchase price. The amount of the
10taxes may be stated separately on all invoices, signs, sales or
11delivery slips, bills, and statements that advertise or
12indicate the price of those beverages.
 
13    Section 30. Report of sales and tax remittances.
14    (a) Any distributor or retailer liable for the tax imposed
15by this Act shall, on or before the last day of March, June,
16October and December of each year, return to the Department
17under oath of a person with legal authority to bind the
18distributor or retailer, a statement containing its name and
19place of business, the quantity of sugar-sweetened beverages,
20syrup, and powder subject to the excise tax imposed by this Act
21sold or offered for sale in the 3 months immediately preceding
22the month in which the report is due, and any other information
23required by the Department, along with the tax due.
24    (b) The State Treasurer shall credit the proceeds of the

 

 

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1tax to the Illinois Wellness Fund and to the Illinois Medicaid
2program, as described in Section 65.
 
3    Section 35. Records of distributors. Every distributor and
4every retailer subject to this Act shall maintain for not less
5than 2 years accurate records, showing all transactions that
6gave rise, or may have given rise, to tax liability under this
7Act. Such records are subject to inspection by the Department
8at all reasonable times during normal business hours.
 
9    Section 40. Exemptions. The following shall be exempt from
10the tax imposed by Section 20:
11        (1) Bottled sugar-sweetened beverages, syrups, and
12    powder sold by a distributor or a retailer expressly for
13    resale or consumption outside of the State.
14        (2) Bottled sugar-sweetened beverages, syrups, and
15    powder sold by a distributor to another distributor that
16    holds a permit issued under Section 15, if the sales
17    invoice clearly indicates that the sale is exempt. If the
18    sale is to a person who is both a distributor and a
19    retailer, the sale shall also be tax exempt and the tax
20    shall be paid when the purchasing distributor-retailer
21    resells the product to a retailer or a consumer. This
22    exemption does not apply to any other sale to a retailer.
 
23    Section 45. Penalties.

 

 

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1    (a) Any distributor, retailer, or other person subject to
2the provisions of this Act who fails to pay the entire amount
3of tax imposed by this Act by the date that payment is due,
4fails to submit a report or maintain records required by this
5Act, does business in the State of Illinois without first
6obtaining a permit as required by this Act, or violates any
7other provision of this Act, or rules and regulations adopted
8by the Department for the enforcement of this Act, shall be
9guilty of a misdemeanor and shall also be liable for the
10penalties set forth and incorporated by reference into this
11section.
12    (b) Incorporation by reference. All of the provisions of
13Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a,
146b, 6c, 8, 9, 10, 11, 11a, and 12 of the Retailers' Occupation
15Tax Act, and all applicable provisions of the Uniform Penalty
16and Interest Act that are not inconsistent with this Act, apply
17to Distributors of Sugar-Sweetened Beverages to the same extent
18as if those provisions were included in this Act. References in
19the incorporated sections of the Retailers' Occupation Tax Act
20to retailers, to sellers, or to persons engaged in the business
21of selling tangible personal property mean Distributors and/or
22Retailers when used in this Act. References in the incorporated
23sections to sales of tangible personal property mean sales of
24Sugar-Sweetened Beverages, Syrups, and/or Powder when used in
25this Act.
26    (c) In addition to any other penalty authorized by law, a

 

 

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1permit issued pursuant to Section 15 shall be suspended or
2revoked if any court of competent jurisdiction determines, or
3the Department finds based on a preponderance of the evidence,
4after the permittee is afforded notice and an opportunity to be
5heard, that the permittee, or any of the permittee's agents or
6employees, has violated any of the requirements, conditions, or
7prohibitions of this chapter.
8        (1) For a first violation of this Act within any
9    60-month period, the permit shall be suspended for 30 days.
10        (2) For a second violation of this Act within any
11    60-month period, the permit shall be suspended for 90 days.
12        (3) For a third violation of this Act within any
13    60-month period, the permit shall be suspended for one
14    year.
15        (4) For a fourth or subsequent violation of this Act
16    within any 60-month period, the license shall be revoked.
17    (d) A decision of the Department under this Section is a
18final administrative decision and is subject to review under
19the Administrative Review Law.
 
20    Section 50. Unpaid taxes a debt. All taxes and penalties
21imposed under the provisions of this Act remaining due and
22unpaid shall constitute a debt to the State, which may be
23collected from the person owing same by suit or otherwise.
 
24    Section 55. Records of Department. At the end of each

 

 

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1month, the State Auditor General shall check the books and
2records of the Department and its accounts with any bank or
3banks, and shall verify the amounts collected pursuant to this
4Act and paid into the Illinois Wellness Fund. Any duty herein
5required of the State Auditor General may be performed by any
6duly trained clerk in his office, designated by the State
7Auditor General for that purpose.
 
8    Section 60. Revenue distribution and establishment of
9Illinois Wellness Fund. The Illinois Wellness Fund is hereby
10created as a special fund in the State treasury. Fifty percent
11of the moneys collected pursuant to the taxes imposed by
12Section 20 and all interest on those moneys, shall be paid into
13the Illinois Wellness Fund. The remaining 50% of the moneys
14collected pursuant to the taxes imposed by Section 20 and all
15interest on those moneys, shall be paid to the Illinois
16Medicaid program. All costs to implement this Act shall be paid
17for prior to distribution of the funds to the Illinois Wellness
18Fund and Medicaid program.
 
19    Section 65. Governance and expenditure of Illinois
20Wellness Fund.
21    (a) Except as otherwise provided in subsection (b), all
22moneys in the Illinois Wellness Fund shall be used as follows:
23        (1) Up to 5% of the moneys collected into the Fund each
24    year shall be dedicated to administration of the Fund by

 

 

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1    the Office of the Governor, the Illinois Department of
2    Public Health, the State Board of Education, and the
3    Governance Board.
4        (2) At least 3% but not more than 5% of the moneys
5    collected into the Fund shall be dedicated to evaluation of
6    the impact of the Act on the health and wellness of
7    Illinoisans. Evaluation of the Act shall be conducted by an
8    independent evaluator selected by the Department of Public
9    Health in consultation with the Council and Advisory Board.
10    The evaluation shall encompass the impact of the Wellness
11    Fund and the effect of the tax on the consumption of
12    sugar-sweetened beverages. The evaluator shall report
13    annually to the Council of State Agencies and the Advisory
14    Board on the progress and results of the evaluation.
15        (3) At least 3% but not more than 5% of the moneys
16    collected into the Fund shall be dedicated to providing
17    technical assistance to and statewide coordination of
18    strategies and activities of recipients of funding from the
19    Fund.
20        (4) The remainder of the moneys in the Fund shall be
21    used for the following purposes:
22            (A) school health and wellness, including
23        increased consumption of healthy foods, increased
24        physical activity and physical education, increased
25        health education, improved health, mental health, oral
26        health, and social services in schools, and school

 

 

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1        facility improvements that support health;
2            (B) public health leadership and infrastructure
3        for obesity and chronic disease prevention; this
4        funding shall support leadership, coordination,
5        technical assistance, quality improvement, and
6        training for programs or coalitions led by health
7        departments, associations, or institutes that use
8        educational, environmental, policy, and other
9        evidence-based public health approaches that achieve
10        the following goals: eliminating racial, ethnic, and
11        socioeconomic disparities in obesity and chronic
12        diseases; improving access to and consumption of
13        healthy, safe, and affordable foods; reducing access
14        to and consumption of calorie-dense, nutrient-poor
15        foods; encouraging physical activity; decreasing
16        sedentary behavior; raising awareness about the
17        importance of nutrition and physical activity to
18        chronic disease prevention; supporting local food
19        systems production and distribution; supporting
20        clinical preventive services;
21            (C) oral health improvement, including increased
22        access to oral health education, dental sealants for
23        children, and use of community prevention and health
24        education strategies that reduce risk factors for oral
25        and pharyngeal cancers;
26            (D) community nutrition and access to healthy

 

 

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1        foods, including nutrition education, healthy cooking
2        programs, healthy vending, healthy food procurement,
3        education regarding shopping for healthy foods, and
4        increasing access to healthy foods;
5            (E) physical activity in communities, including
6        active transportation, community walkability and
7        bike-ability initiatives, multi-use trails, joint-use
8        agreements, safe routes to schools, educational
9        programs that promote physical activity, environmental
10        changes that increase physical activity;
11            (F) worksite wellness, including promotion of
12        nutrition, physical activity and preventive services
13        in worksites, workplace policies and environmental
14        changes that support employee wellness;
15            (G) local food systems, including promotion of
16        access to and consumption of local foods,
17        farm-to-school and farm-to-institution programs,
18        healthy food procurement, community gardens, , urban
19        agriculture projects, community-supported agriculture
20        programs, farmers markets, food hubs, beginning farmer
21        training programs, and farm stands;
22            (H) regional public health hubs as described in the
23        Illinois Alliance for Health State Healthcare
24        Innovations Plan.
25    (b) In the first year after the Fund is established, the
26allocation shall be as follows:

 

 

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1        (1) 10% for administration, evaluation and technical
2    support of the Fund, as provided in item (1) of subsection
3    (a);
4        (2) 20% for school health and wellness;
5        (3) 20% for public health leadership and
6    infrastructure for obesity and chronic disease prevention;
7        (4) 10% for oral health;
8        (5) 10% for community nutrition and access to healthy
9    foods;
10        (6) 10% for physical activity in communities;
11        (7) 10% for local food systems;
12        (8) 5% for worksite wellness; and
13        (9) 5% for regional health hubs.
14    (c) All moneys in the Illinois Wellness Fund shall be
15expended only for the purposes expressed in this Act and shall
16be used only to supplement existing levels of service and not
17to supplant current federal, State, or local funding for
18existing levels of services as provided in fiscal year 2014.
19Entities that are eligible to receive moneys from the Fund
20include:
21        (1) local, regional, and State governments or
22    governmental departments;
23        (2) non-profit organizations;
24        (3) school districts and schools;
25        (4) federally Qualified Health Centers, community
26    health centers, and organizations which operate a

 

 

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1    school-based health center certified by the Illinois
2    Department of Public Health;
3        (5) hospitals;
4        (6) Illinois farms producing primarily fruits,
5    vegetables and tree nuts for direct human consumption by
6    Illinois residents; and
7        (7) policy, research, or training institutes or
8    centers.
 
9    Section 70. Illinois Wellness Fund; governance;
10    (a) The Illinois Wellness Fund shall be governed by a
11Council of State Agencies with input from a multi-sector
12Advisory Board. The Council of State Agencies shall be
13comprised of one representative from each of the following
14Departments: the Department of Public Health, the Department of
15Human Services, State Board of Education, the Department on
16Aging, the Department of Transportation, and the Department of
17Agriculture.
18    (b) The Council's functions shall include:
19        (1) distribution of the Illinois Wellness Fund monies
20    to eligible entities each year, including:
21            (A) allocation of funds for staff and resources to
22        State agencies responsible for administering the
23        Wellness Fund, including a Health in All Policies
24        Coordinator to support the Council of State Agencies
25        and Advisory Board;

 

 

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1            (B) selection of and allocation to eligible
2        entities, including organizations, associations, and
3        universities, that provide technical assistance to
4        request for proposal grantees and evaluation of the
5        impact of the Act;
6            (C) distribution of one-half of the funds
7        allocated for public health leadership and
8        infrastructure under Section 70 directly to Local
9        Health Departments via an allocation formula developed
10        by the Department of Public Health for the purpose of
11        providing local coordination of Illinois Wellness Fund
12        grantees within their jurisdiction, if any, and for
13        local leadership of educational, environmental,
14        policy, and other evidence-based public health
15        approaches;
16            (D) distribution of the remaining funds to
17        eligible entities as recommended by the Advisory Board
18        based on a request for proposal process or processes;
19        and
20            (E) to advise on the selection of evaluators and
21        provide input on the evaluation design, goals, and
22        methods, at least annually receive and review a
23        progress report on the results of the evaluation.
24        (2) Submission of a report to the General Assembly
25    every 3 years on the allocation of the funds and summary
26    results of the impact evaluation of the wellness fund and

 

 

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1    the tax.
 
2    Section 75. Expenditures for the Illinois Medicaid
3Program. Fifty percent of all moneys collected from the tax
4shall be paid to the Illinois Medicaid program into a Medicaid
5Fund to include payment for the following services:
6        (1) restoring adult dental services and expand
7    services to include prevention services;
8        (2) providing payments for medical nutrition therapy,
9    care coordination, weight management programs, and other
10    multi-disciplinary obesity treatment programs for
11    overweight and obese patients, including coverage for
12    services from dieticians, social workers, psychologists,
13    and pharmacists;
14        (3) pilot program to cover community-based physical
15    activity and nutrition programs for obese children and
16    adults to change health behaviors (including, but not
17    limited to, cooking classes for obese patients, assistance
18    learning how to shop for healthy foods, participation in
19    the evidence-based Diabetes Prevention Program, Chronic
20    Disease Self-Management Program, and Diabetes
21    Self-Management Program);
22        (4) funding coverage for all US Preventive Services
23    Task Force A & B Recommendations; and
24        (5) supporting and expanding language access services
25    for Medicaid recipients.
 

 

 

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1    Section 80. Rulemaking. The Department of Public Health,
2the State Board of Education, and the Department of Revenue may
3adopt rules to implement the provisions of this Act.
 
4    Section 97. Severability. The provisions of this Act are
5severable under Section 1.31 of the Statute on Statutes.
 
6    Section 99. Effective date. This Act takes effect January
71, 2015.