IPHA LEGISLATIVE NEWS UPDATE
For the Week of March 29, 2010
www. budget.illinois.gov. the state budget is available for view.
The House and Senate will convene on April 13, 2010. There are few committee
postings at this time. One Senate Public Health hearing is scheduled for April 13 at 10
am in room 212 if the Capitol. It is a subject matter hearing on SB 3667 concerning
prenatal and neonatal congenital toxoplasmosis.
Staff attended and Executive Director Nelson testified in front of the House Human
Services Appropriations Committee in opposition to the Governor’s introduced FY 2011
budget for the Department of Public Health. Also speaking in opposition were IAPHA
and the AIDS Foundation of Chicago.
The FY11 budget recommendation is a 2.24% decrease in GRF from FY10.
Fund FY 2010 FY 2011 $ Change % Change
GRF $143,265.8 $130,572.8 -$12,693.0 -8.86%
State $102,815.9 $99,862.6 -$2,953.3 -2.87%
Federal $243,354.6 $248,042.6 $4,688.0 1.93%
Total $489,436.3 $478,478.0 -$10,958.3 -2.24%
Fund FY 2010 FY 2011 $ Change % Change
Health Policy $31,086.1 $25,015.9 -$6,070.2 -19.53%
Public Health Preparedness $130,587.8 $133,334.3 $2,746.5 2.10%
Program/Administrative
Support $39,172.7 $38,582.8 -$589.9 -1.51%
Health Promotion $51,106.2 $46,226.1 -$4,880.1 -9.55%
Health Care Regulation $40,701.6 $40,591.8 -$109.8 -0.27%
Health Protection $172,359.1 $171,227.9 -$1,131.2 -0.66%
Women's Health $24,422.8 $23,499.2 -$923.6 -3.78%
Total $489,436.3 $478,478.0 -$10,958.3 -2.24%
Key Budget Initiatives
Promote the Illinois Breast and Cervical Cancer Program (IBCCP). The statewide
IBCCP offers free breast and cervical cancer screenings for women between the
ages of 35 and 64 who have no health insurance. The IDPH administers the
program locally through lead agencies such as local health departments, hospitals,
or qualified health centers. These agencies provide intense nurse case
management for the women in the program. Some provide the actual screenings
while others schedule the screenings with contracted medical providers. There
are 37 lead agencies; each are assigned a territory to ensure coverage in every
county in the state. In fiscal year 2009, more than 20,000 women were served.
Promote the AIDS Drug Assistance Program (ADAP). Currently, an average of
4,200 clients utilizes ADAP services each month, accessing an average of $4.2
million per month in prescription drug and dispensing costs. Clients approved for
ADAP must re-apply on an annual basis in order to continue to receive series.
ADAP provides 95 different drugs, including all antiretroviral therapies approved
the US food and drug administration.
Senate Activity
SB 2583 Delgado - Amends the Department of Public Health Powers and Duties Law.
With respect to the Task Force on Chronic Disease and Health Promotion: (i) removes
the deadline for convening the Task Force; (ii) designates as chair the Public Health
Advocate, appointed by the Governor and added to the Task Force (now, the Director of
Public Health); and (iii) requires the Task Force to report its recommendations to the
General Assembly and the Director of Public Health by December 31, 2010 (now, report
to the Director of Public Health by July 1, 2010). Effective immediately.
Senate Committee Amendment No. 1
Provides that establishment of the Task Force is subject to appropriation. Designates the
Director of Public Health, instead of the Governor's Public Health Advocate, as the chair
of the Task Force. Senate Third Reading – Passed the Senate 56-0-0 House Rules
Committee Support
SB 2627 Silverstein - Amends the Illinois Vehicle Code. Provides that it is unlawful for
any person under the age of 16 to operate or be a passenger on a bicycle on a highway,
multipurpose public path, or other public right-of-way unless at all times when the person
is so-engaged he or she wears a protective bicycle helmet of good fit fastened securely
upon the head with the straps of the helmet. Provides that it is unlawful for any person to
be a passenger on a bicycle on a highway, multipurpose public path, or other public right-
of-way unless, with respect to any person who weighs fewer than 40 pounds or is less
than 40 inches in height, the person can be and is properly seated in and adequately
secured to a bicycle safety seat. Provides that it is a civil offense for any parent or legal
guardian of a person below the age of 12 to permit the person to operate or be a passenger
on a bicycle in an unlawful manner. Provides that it is unlawful to rent or lease any
bicycle to or for the use of any person under the age of 16 on a highway, multipurpose
public path, or other public right-of-way unless certain conditions are met. Provides and
community that in no event shall failure to wear a protective bicycle helmet or to secure a
passenger to a restraining seat be admissible as evidence in a trial of any civil action.
Provides that a law enforcement officer observing any violation of this amendatory Act
shall issue a warning to the person for the first offense and a citation to the person for the
second or subsequent offense, but shall not arrest or take into custody any person solely
for a violation of this amendatory Act. Effective immediately.
Senate Committee Amendment No. 1
Provides that a law enforcement officer observing any violation of this amendatory Act
shall issue a warning to the person (rather than issue a warning for the first offense and a
citation for a second or subsequent offense as provided in the introduced bill).
Senate Committee Amendment No. 2 Amends the Illinois Vehicle Code. Provides that
it is unlawful for any person under the age of 16 to operate or be a passenger on a bicycle
on a highway, multipurpose public path, or other public right-of-way unless at all times
when the person is so-engaged he or she wears a protective bicycle helmet of good fit
fastened securely upon the head with the straps of the helmet. Provides that it is unlawful
for any person to be a passenger on a bicycle on a highway, multipurpose public path, or
other public right-of-way unless, with respect to any person who weighs fewer than 40
pounds or is less than 40 inches in height, the person can be and is properly seated in and
adequately secured to a bicycle safety seat. Provides that it is a civil offense for any
parent or legal guardian of a person below the age of 12 to permit the person to operate or
be a passenger on a bicycle in an unlawful manner. Provides that it is unlawful to rent or
lease any bicycle to or for the use of any person under the age of 16 on a highway,
multipurpose public path, or other public right-of-way unless certain conditions are met.
Provides that in no event shall failure to wear a protective bicycle helmet or to secure a
passenger to a restraining seat be admissible as evidence in a trial of any civil action.
Provides that a law enforcement officer observing any violation of this amendatory Act
shall issue a warning to the person for the first offense and a citation to the person for the
second or subsequent offense, but shall not arrest or take into custody any person solely
for a violation of this amendatory Act. Effective immediately. Second Reading Senate
Deadline Extended to 3/26/10, now extended to April 15,2010 Support
SB 2981 Radogno - Amends the MRSA Screening and Reporting Act. Requires Illinois
hospitals to screen certain patients for methicillin-resistant Staphylococcus aureus
("MRSA") upon admission, including all patients admitted to the hospital's intensive care
unit; patients who were previously colonized or infected with MRSA; surgical patients
receiving implants; and patients transferred from a nursing home or healthcare facility.
Requires hospitals to re-screen patients who were admitted to the hospital's intensive care
unit or previously transferred from a nursing home facility, prior to discharge or transfer
to another healthcare facility. Repeals January 1, 2011 repealer date. Effective
immediately.
Senate Committee Amendment No. 1
Deletes reference to:
210 ILCS 83/5
Replaces everything after the enacting clause. Reinserts the provisions of the introduced
bill, but with the following changes: Eliminates language requiring Illinois hospitals to
screen certain patients for methicillin-resistant Staphylococcus aureus ("MRSA") upon
admission, including all patients admitted to the hospital's intensive care unit; patients
who were previously colonized or infected with MRSA; surgical patients receiving
implants; and patients transferred from a nursing home or healthcare facility. Eliminates
language requiring hospitals to re-screen patients who were admitted to the hospital's
intensive care unit or previously transferred from a nursing home facility, prior to
discharge or transfer to another healthcare facility. Effective immediately.
Senate Third Reading – Passed 51-0-0 Rep. Bellock/Hamos – Assigned to Human
Services Committee Monitor
SB 3047 Koehler - Amends the Health Care Justice Act. Changes the short title to the
Health Care Justice Implementation Act of 2010. Provides that the mission goals of the
Health Care Justice Implementation Task Force are to monitor the implementation of the
federal health care reforms and make recommendations, to report regarding additional
reforms needed to ensure affordable health care, and to assess current programs. Contains
provisions concerning reports, public hearings, and research assessments. Effective July
1, 2010. Senate Second reading Support
SB 3057 Harmon - Amends the Swimming Facility Act. Changes the statement of
purpose and changes and adds definitions. Changes and adds provisions regarding:
licensing of a swimming facility; swimming facility contractor licenses; swimming
facility designer certification; permits for construction, development, installation, or
major alteration of swimming facilities; license renewal; fees; rules; violations; civil and
criminal penalties; hearings and determinations; facility closure; applicability; and other
matters. Makes other changes. Effective immediately. Passed 33-21-01 Osmond-
Flowers – Rules Committee Monitor (Support)
SB 3174 Link - Amends the Tobacco Accessories and Smoking Herbs Control Act.
Provides that a product containing or delivering nicotine intended or expected for human
consumption, or any part of such a product, that is not a tobacco product shall not be
distributed or sold in the State or to consumers in the State unless it has been approved or
otherwise certified for legal sale by the United States Food and Drug Administration as a
tobacco use cessation, harm reduction, or modified-risk product, or for other medical
purposes, and is being marketed and sold solely for that approved purpose. Establishes
penalties for violations. Passed 49-4-0 Rep. Colvin –Washington - Assigned Human
Services SUPPORT
SB 3477 Jones - Amends the Illinois Public Aid Code. Provides that as a condition of
initial eligibility for any benefits under the Code, an applicant must pass a urine drug test.
Provides that as a condition of continued eligibility for benefits, a recipient must pass a
urine drug test at least once every 12 months, at a random time designated by the
Department of Human Services or the Department of Healthcare and Family Services.
Provides that if a recipient tests positive, the recipient is thereafter ineligible for any
benefits under the Code, except that if a recipient tests positive and his or her benefits are
terminated, then 6 months after the date of termination, the Department of Human
Services or the Department of Healthcare and Family Services shall send a notice to that
person, at his or her last known address, stating that the person may again take a urine
drug test and, if he or she tests negative, he or she will be eligible for any benefits under
the Code for which he or she is otherwise eligible. Effective immediately. HELD in
Committee referred back to Committee on Assignments Oppose
SB 3591 Link - Amends the Smoke Free Illinois Act. In the provision concerning
enforcement and complaints, provides that, notwithstanding any rule to the contrary, the
enforcing agency shall be permitted to present evidence at a hearing to contest the
imposition of a fine before the Department of Public Health without legal counsel.
Effective immediately HELD in Committee deadline extended to 4/15/10
Monitor
SB 3607 Wilhelmi - Amends the Lead Poisoning Prevention Act. In the provision
concerning warning statements, includes items that are intended to be placed in a child's
mouth in the definition of "child care article". Provides that an entity is in compliance
with the provision concerning warning statements for children's products if a warning
statement is provided on a legible sign or shelf tag placed in close proximity to where the
product is displayed. Provides that the warning statement is not required if any
component part of the item containing lead is not accessible to a child through normal
and reasonably foreseeable use and abuse.Senate Second Reading Deadline extended
3/26/2010 –Deadline extended to April 15,2010
SB 3750 Kotowski - Creates the BPA-Free Kids Act. Beginning June 1, 2011, prohibits
the sale or distribution of certain products containing bisphenol-A. Requires a label to be
affixed to the exterior of certain food products. Beginning June 1, 2011, prohibits the sale
of products that must be, but are not, labeled. Authorizes the Illinois Environmental
Protection Agency and the Illinois Department of Public Health to participate in an
interstate chemical safety clearinghouse. Requires certain notifications and imposes
penalties. Provides for enforcement by the Attorney General. Defines "Agency", "baby
food", "Department", "infant formula", "manufacturer", "person", and "reusable food or
beverage container".
Senate Committee Amendment No. 1
Provides that, beginning June 1, 2011, any food product, other than infant formula or
baby food, that is contained in a can, jar, or plastic container containing bisphenol-A
(rather than "in a can, jar, or plastic container") shall bear a conspicuous label stating,
"This container is made with bisphenol-A (BPA)".
Fiscal Note (Illinois Environmental Protection Agency)
SB 3750 (H-AM 1) would not have any fiscal impact on the Illinois EPA as the
Agency would implement its duties under this bill with its existing resources.
Fiscal Note (Dept. of Public Health)
The fiscal impact of SB 3750 (H-AM 1) to the Illinois Department of Public Health
will be minimal. It is anticipated that the Department will use existing staff resources
to participate in any interstate clearinghouse initiatives that may be developed in the
future. Costs incurred will be related to telecommunications and/or reimbursement to
staff for travel to meetings
Senate Third Reading – deadline extended to April 15, 2010
HOUSE Activity
HB 332 Franks - Creates the Prescription Drug Ethical Marketing Act. Requires every
manufacturer and labeler that sells prescription drugs in the State to disclose to the
Director of Public Health the value, nature, and purpose of any gift, fee, payment,
subsidy, or other economic benefit provided in connection with detailing or promotional
or other marketing activities by the company, directly or through its pharmaceutical
marketers, to any physician, hospital, nursing home, pharmacist, health benefit plan
administrator, or any other person in the State authorized to prescribe or dispense
prescription drugs. Requires the Director to report to the Governor and the General
Assembly on the disclosures. Provides exceptions to the disclosures. Provides for
injunctive relief and civil penalties for failure to disclose. Amends the State Finance Act
to create the Prescription Drug Ethical Marketing Fund. Held in Committee
HB 5040 Jackbsson Creates the Child-Safe Chemicals Act. Regulates the sale and
distribution of children's products or product components containing cadmium and
priority chemicals of high concern. Designates cadmium as a priority chemical. Requires
manufacturers and trade associations to report to the Environmental Protection Agency.
Sets forth the responsibilities of the Agency. Provides for exemptions. Requires the
Agency to create an interstate clearinghouse. Contains provisions for implementation and
enforcement. House Floor Amendment No. 2
Deletes everything after the enacting clause. Creates the Cadmium-Safe Kids Act.
Provides that no person may manufacture, knowingly sell, offer for sale, distribute for
sale, or distribute for use children's jewelry containing cadmium in any paint or surface
coating or accessible substrate that exceeds 75 parts per million. Provides that the
provisions concerning only apply to products that are manufactured after July 1, 2011.
Provides that the Environmental Protection Agency is authorized to participate, along
with other states and governmental entities, in an interstate clearinghouse to promote
safer chemicals in consumer products. Sets forth provisions concerning implementation
and exemption. Provides that the Attorney General is responsible for administering and
ensuring compliance with the Act. Sets forth provisions concerning enforcement and
penalties. Amends the State Finance Act to create the Attorney General's State Projects
and Court Ordered Distribution Fund. Contains other provisions. Effective immediately.
House Floor Amendment No. 3
Deletes from the definition of "manufacturer" a person whose brand name is affixed to
the product. Provides that in the case of a product that was imported into the United
States, "manufacturer" includes the importer or domestic distributor of the product if the
person who manufactured the product does not have a presence in the US. Passed 108 -
0-0
HB 5243 – Bellock - Amends the Children's Health Insurance Program Act, the Covering
ALL KIDS Health Insurance Act, and the Illinois Public Aid Code. Provides that
beginning on the effective date of the amendatory Act, there shall be a 2-year moratorium
on the expansion of eligibility under the Children's Health Insurance Program and the
Covering ALL KIDS Health Insurance Program. Provides that beginning on the effective
date of the amendatory Act, there shall be a 2-year moratorium on the expansion of
eligibility or the creation of new programs which would add new categories of eligible
individuals under the Medicaid program. Further provides that eligibility under these
programs may be expanded only if authorized by a 3/5 vote in both the House and
Senate. Effective immediately. Held in Committee referred to Rules Committee
HB 5743 Tracy - Creates the Ultrasound Opportunity Act. Provides that a facility that
performs abortions may not perform an abortion on a woman without first offering the
woman an opportunity to receive and view an active ultrasound of her unborn child at the
facility or at a facility listed in a listing of local ultrasound providers provided by the
facility. Sets forth requirements for the ultrasound image. Requires that the woman's
response to the offer be documented. Requires the Department of Public Health to
prepare an annual reporting form for facilities that perform abortions, and sets forth
information that must be collected. Provides that the requirements under this Act shall not
apply when, in the medical judgment of the physician performing or inducing the
abortion based on the particular facts of the case before him or her, there exists a medical
emergency. Held in Committee referred to Rules Committee. OPPOSE
HB 5752 – Lang - Amends the Department of Human Services Act. Provides that subject
to appropriation, there is created the HIV/AIDS Nutrition and Outcomes Advisory
Commission to advise the Department of Human Services on how best to incorporate
nutrition as an HIV/AIDS disease management strategy into State health policy to avoid
Medicaid hospitalizations, and how to measure health care outcomes that will likely be
required by new federal legislation. Provides that the Commission shall consist of 9
members including 5 members appointed by the Governor. Contains provisions on terms
of membership; Commission meetings; and reporting requirements. Effective
immediately.
House Committee Amendment No. 1
Ads language requiring the Department of Human Services to provide administrative and
staff support to the HIV/AIDS Nutrition and Outcomes Advisory Commission.
House Committee Amendment No. 2
Changes the name of the HIV/AIDS Nutrition and Outcomes Advisory Commission to
the Chronic Disease Nutrition and Outcomes Advisory Commission. Provides that one
representative of a social service agency that provides outreach, counseling, and housing
for the chronically ill (rather than, outreach, counseling, and housing for HIV/AIDS
infected individuals) shall be appointed by the Governor to sit on the Commission.
Provides that one person who is a licensed physician with expertise in treating persons
with chronic illnesses, including heart disease, hypertension, and HIV/AIDS, among
others (rather than, with HIV/AIDS) and one representative of a not-for profit community
based agency that provides direct care, supportive services, and education related to
chronic illnesses, including heart disease, hypertension, and HIV/AIDS, among others
(rather than, related to HIV/AIDS) shall be appointed by the Governor to sit on the
Commission. Passed 108-0-0 referred to Committee on Senate Assignments
SUPPORT
HB 5917 Phelps - Amends the Food Handling Regulation Enforcement Act. Deletes
language concerning food service sanitation manager recertification. Provides that,
beginning January 1, 2011, any individual seeking initial food service sanitation manager
certification shall be required to pass the certification examination provided by the
Department of Public Health. Provides that an individual seeking initial certification who
fails to pass the certification examination shall be required to complete the educational
requirements established by the Department before retaking the examination. Provides
that an individual who has a current certification from another state where that state
required the individual to pass a certification examination shall be issued a food service
sanitation manager certification upon application and payment of the corresponding fee.
House Passed 92-16-02 OPPOSE
HB 5930 McAsey - Amends the Hospital Licensing Act. Requires hospitals to provide,
free of charge, information and instructional materials regarding sudden infant death
syndrome (SIDS), explaining the medical effects upon infants and young children and
emphasizing measures that may reduce the risk. Provides that such information and
materials shall be provided to parents or legal guardians of each newborn, upon discharge
from the hospital, and that prior to discharge, a nurse or appropriate staff person shall
review the proffered materials with the infant's parents or legal guardian and shall discuss
best practices to reduce the incidence of SIDS as recommended by the American
Academy of Pediatrics. Passed 115-0-0 referred to Committee on Assignments
SUPPORT
HB 6064 Feigenholtz - Amends the Illinois Insurance Code to provide that accident and
health insurance policies and managed care plans must provide coverage for medically
necessary foods, low protein foods, and pharmacological doses of vitamins and amino
acids and the medical equipment and supplies necessary to administer the foods for the
treatment of inborn errors of metabolism when the prescribing physician has issued a
written order stating that the medically necessary foods are necessary for the treatment of
a disease or disorder. Provides that "medically necessary foods" means foods that are
formulated to be consumed or administered under the supervision of a qualified medical
provider. Effective July 1, 2010 Held in Committee referred to Rules Committee
SUPPORT
HB 6088 Neckritz
Creates the BPA-Free Kids Act. Beginning June 1, 2011, prohibits the sale or distribution
of certain products containing bisphenol-A. Requires a label to be affixed to the exterior
of certain food products. Beginning June 1, 2011, prohibits the sale of products that must
be, but are not, labeled. Authorizes the Illinois Environmental Protection Agency and the
Illinois Department of Public Health to participate in an interstate chemical safety
clearinghouse. Requires certain notifications and imposes penalties. Provides for
enforcement by the Attorney General. Defines "Agency", "baby food", "Department",
"infant formula", "manufacturer", "person", and "reusable food or beverage container".
House Committee Amendment No. 1
Provides that, beginning June 1, 2011, any food product, other than infant formula or
baby food, that is contained in a can, jar, or plastic container containing bisphenol-A
(rather than "in a can, jar, or plastic container") shall bear a conspicuous label stating,
"This container is made with bisphenol-A (BPA)".
House Floor Amendment No. 2
Deletes everything after the enacting clause. Reinserts the provisions of the introduced
bill with changes. Modifies the prohibition on the sale of certain products containing
bisphenol-A, removes a provision that would have required certain types of labeling, and
makes changes to a provision concerning the implementation of the Act.
Fiscal Note, House Committee Amendment No. 1 (Illinois Environmental
Protection Agency)
HB 6088 would not have any fiscal impact on the Illinois EPA as the Agency would
implement its duties under this bill with its existing resources.
Fiscal Note, House Committee Amendment No. 1 (Dept. of Public Health)
The fiscal impact of HB 6088 (H-AM 1) to the Illinois Department of Public Health
will be minimal. It is anticipated that the Department will use existing staff resources
to participate in any interstate clearinghouse initiatives that may be developed in the
future. Costs incurred will be related to telecommunications and/or reimbursement to
staff for travel to meetings.
State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of
Commerce & Economic Opportunity)
This bill does not create a State mandate.
House Second Reading SUPPORT
HB 6132 Reitz - Amends the Illinois Food, Drug and Cosmetic Act and the Criminal
Code of 1961 to include in the definition of "raw agricultural commodity", honey that is
in the comb or that is removed from the comb and in an unadulterated condition. Further
amends the Illinois Food, Drug and Cosmetic Act to provide that notwithstanding any
other provision of the Act, the Department of Public Health may not regulate honey that
is in the comb or that is removed from the comb and in an unadulterated condition.
Provides that both forms of honey are exempt from the provisions of the Act. Amends the
Sanitary Food Preparation Act. Sets forth a definition of "honey house". Provides that
notwithstanding any other provision of the Act, the Department of Public Health may not
regulate honey that is in the comb or that is removed from the comb and in an
unadulterated condition. Provides that both forms of honey are exempt from the
provisions of the Act. Provides that if a producer is engaged in the sale of honey at a local
market and packs or sells less than 500 gallons of honey produced in this State per year,
then the Department may not regulate or inspect the producer's honey house. Passed
112-1-0 Sen. Luechtefeld Referred to Committee on Assignments MONITOR
HB 6205 – Currie –House Amendment 1 Deletes everything after the enacting clause.
Reinserts the contents of the bill as introduced with the following changes. In the
provision concerning nondiscrimination in funding, provides that the State shall ensure
that individuals eligible for medical assistance under the Public Aid Code, or other State
medical assistance, or health benefits under the Children's Health Insurance Program Act,
the Covering ALL KIDS Health Insurance Act, or the Veterans' Health Insurance
Program Act of 2008 shall receive coverage (instead of individuals eligible for State
medicaid assistance, or other State medical assistance, shall receive financial assistance).
Provides that to the extent that the Reproductive Health and Access Act conflicts with the
Illinois Parental Notice of Abortion Act of 1995 or the Health Care Right of Conscience
Act, the Illinois Parental Notice of Abortion Act of 1995 or the Health Care Right of
Conscience Act, respectively, controls. Amends the State Employees Group Insurance
Act of 1971 to delete the provision that nothing in the Act shall be construed to permit
the noncontributory portion of a program of health benefits to include the expenses of
obtaining an abortion, induced miscarriage, or induced premature birth unless, in the
opinion of a physician, certain conditions exist. Deletes amendatory language from the
Critical Health Problems and Comprehensive Health Education Act that provides that the
Comprehensive Health Education Program shall comply with the Reproductive Health
and Access Act. Amends the Illinois Public Aid Code to delete language that excludes
from the provisions concerning reimbursement for medical assistance, abortions and
induced miscarriages and premature births unless, in the opinion of a physician, certain
conditions exist. Contains a nonacceleration clause. Makes other changes.
Fiscal Note, House Committee Amendment No. 1 (Department of Human
Services)
Estimated Cost: None
State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of
Commerce & Economic Opportunity)
Does not create a State mandate.
Referred to Rules Committee
BILLS TO WATCH
SB 44 Schoenberg - Amends the Cigarette Tax Act and the Cigarette Use Tax Act.
Provides that an additional tax of 50 mills per cigarette shall be imposed on retailers of
cigarettes. Provides that, of the proceeds of the tax, 0.57% shall be deposited into the Tax
Compliance and Administration Fund and 99.43% shall be deposited into the Healthcare
Provider Relief Fund. Changes the definition of "cigarette" to exclude those with
wrappers made of "whole tobacco leaf" (instead of "tobacco"). Amends the State Finance
Act to create the Healthcare Provider Relief Fund. Provides that moneys in the Fund may
be used by the Department of Healthcare and Family Services for the purpose of making
reimbursements to providers who participate in certain medical assistance programs.
Effective immediately.
Senate Committee Amendment No. 1
Provides that, of the proceeds from the additional tax, $54,167 (instead of 0.57%) shall be
deposited into the Tax Compliance and Administration Fund, and the balance (instead of
99.43%) shall be deposited into the Healthcare Provider Relief Fund each month.
Senate Floor Amendment No. 2
Provides that the additional tax shall be imposed at the rate of 25 mills per cigarette on
September 1, 2009. Provides that a further additional tax shall be imposed at the rate of
25 mills per cigarette on September 1, 2010. Provides that any distributor who has
stamped cigarettes in his or her possession for sale when the additional taxes take effect
is required to pay the additional tax.
Fiscal Note (Dept. of Revenue)
SB 44 (S-AM 1) is expected to generate an additional $350 million in revenue from
the increased tax on cigarettes. The change in the definition of cigarettes will reduce
the tax receipts on other tobacco products by approximately $2.2 million per year, as
little cigars will be classified as cigarettes, rather than other tobacco products.
Fiscal Note (Dept. of Revenue)
SB 44 (S-AM 2) is expected to generate an additional $175 million in revenue for
Fiscal Year 2010 and an additional $175 million in revenue for Fiscal Year 2011, for
a total two year gain in cigarette excise and use tax of $350 million. The change in the
definition of cigarettes will reduce the tax receipts on other tobacco products by
approximately $2.2 million per year, as little cigars will be classified as cigarettes,
Home Rule Note (Dept. of Commerce & Economic Opportunity)
SB 44 does not pre-empt home rule authority.
rather than other tobacco products.
Fiscal Note (Dept. of Revenue)
SB 44, as engrossed, is expected to generate an additional $175 million in revenue for
Fiscal Year 2010 and an additional $175 million in revenue for Fiscal Year 2011, for
a total two year gain in cigarette excise and use tax of $350 million. The change in the
definition of cigarettes will reduce the tax receipts on other tobacco products by
approximately $2.2 million per year, as little cigars will be classified as cigarettes,
rather than other tobacco products.
State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
SB 44 does not create a State mandate.
HB 174 Miller - Provides that certain amounts shall be transferred from the General
Revenue Fund to the Common School Fund. Amends the Illinois Income Tax Act.
Increases the income tax rate for individuals, trusts, and estates from 3% to 5%. Increases
the income tax rate for corporations from 4.8% to 7.2%. Increases the residential real
property tax credit from 5% to 10%. Increases the limitation on the education expense
credit from $500 to $1,000. Increases the percentage of the earned income tax credit from
5% of the federal tax credit to 15% in 2009 and thereafter. Makes changes concerning
distributions to the Local Government Distributive Fund. Amends the Retailers'
Occupation Tax Act. Provides that certain services are taxable under the Act. Amends the
School Code. Creates the Education Financial Award System Fund, the Digital Learning
Technology Grant Fund, and the STEM Education Center Grant Fund. Makes changes
concerning the Early Childhood Education Block Grant; financial awards for school
improvement and other awards; academic early warning and watch status; an educational
improvement plan; the creation of the Digital Learning Technology Grant Program, a
best practices clearinghouse, the Science, Technology, Engineering, and Mathematics
Education Center Grant Program, and a resource management service; audits; school
board member leadership training; a school district's school report card; financial policies
and plans; a capital improvement plan; protection from suit; financial accountability;
non-referendum bonds; the foundation level of support under the State aid formula; the
New Teacher Induction and Mentoring Program; school board associations; and
transportation reimbursement. Effective immediately. MONITOR
Senate Floor Amendment No. 3
Adds a preamble stating that the Act may be referred to as Senate Bill 750 of the 96th
General Assembly. Provides that in fiscal year 2010, no appropriation made from general
funds to the Illinois Mathematics and Science Academy may be decreased from its fiscal
year 2009 general appropriation level. Makes related changes and technical corrections.
Senate Floor Amendment No. 4
In the State aid formula provisions of the School Code, provides that the foundation level
of support of $6,190 is for the 2009-2010 (instead of 2010-2011) school year. Provides
that moneys that are transferred to the Common School Fund instead of the Local
Government Distributive Fund shall be transferred until July 1, 2010 (instead of July 1,
2009).
Senate Floor Amendment No. 5
Increases the corporate income tax rate from 4.8% to 5% (instead of 7.2%).
SB 2572 Jacobs - Amends the Asbestos Abatement Act. Provides that the Department of
Public Health may, if an emergency exists, order the evacuation and sealing of
commercial and public buildings as defined by the Commercial and Public Building
Asbestos Abatement Act and immediate suspension of any licensed person involved in
improper removal of asbestos materials, and require that any person found to be
improperly removing asbestos materials immediately cease those activities. Adds the
Attorney General to the list of those authorized to enforce the order, including obtaining
an injunction against the offending parties, after receiving notice from the Department.
Provides that each day's violation of an order constitutes a separate offense. Specifies the
penalties for specified violations of the Act. Provides that an action brought by a State's
Attorney under specified provisions shall be conducted in accordance with the applicable
provisions of the Code of Criminal Procedure of 1963. Effective immediately. HELD in
Committee
SB 2593 Delgado - Amends the Ambulatory Surgical Treatment Center Act, the Home
Health, Home Services, and Home Nursing Agency Licensing Act, the Hospital
Licensing Act, and the State Finance Act. Increases the licensure fee to $1500 for
ambulatory surgical treatment centers and home health agencies. Establishes a $50
licensure fee per bed for hospitals applying for a license. Changes the name of the Home
Care Services Agency Licensure Fund to the Home Health, Health Services, and Home
Nursing Agency Licensure Fund. Creates the Ambulatory Surgical Treatment Center
Fund and the Hospital Licensure Fund. Effective immediately HELD in Committee