HEALTH POLICY UNDER CONSIDERATION
by the Illinois General Assembly
As of April 29, 2011, the following bills were under consideration in the Illinois General Assembly, according to its Web site at www.ilga.gov/legislation. HB0171, SMOKE‐FREE IL ‐ EXEMPTION Synopsis: “Amends the Smoke Free Illinois Act to include in the list of areas where smoking is allowed, designated segregated ventilated smoking rooms in gaming facilities that are licensed, provided that the segregated smoking room is only accessible to persons who have requested in writing to have access to the smoking room and the smoke from the room shall not infiltrate into any other areas where smoking is prohibited. Imposes conditions on any rulemaking authority.” Last Action: 4/15/2011 ‐ Rule 19(a)/Re‐referred to Rules Committee Sponsors: Rep. André M. Thapedi, Randy Ramey, Jr., Anthony DeLuca, Franco Coladipietro, Daniel V. Beiser and Ed Sullivan, Jr. Link: http://www.ilga.gov/legislation/billstatus.asp?DocNum=0171&GAID=11&GA=97&DocTypeID=HB&LegID=54744
&SessionID=84 HB1190, REVENUE‐TECH Synopsis as introduced: “Amends the Retailers' Occupation Tax Act. Makes a technical change in a Section concerning the rate of tax.” An amendment filed 3/8/2011 cites this as the “Sugar‐Sweetened Beverages, Syrups, and Powder Tax Act.” (See also SB0396.) Last Action: 3/17/2011 ‐ Rule 19(a) / Re‐referred to Rules Committee Sponsors: Rep. Karen A. Yarbrough, William Cunningham, Barbara Flynn Currie, Cynthia Soto, Arthur Turner, Michael J. Zalewski, Camille Y Lilly and Esther Golar Link: http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1190&GAID=11&DocTypeID=HB&LegID=57126&Session
ID=84&GA=97&SpecSess=0 HB1310, LIQUOR‐SMOKING LICENSE Synopsis as introduced: “Amends the Liquor Control Act of 1934. Provides that the local liquor control commissions have the power to issue a smoking license to certain eligible establishments. Provides that an eligible establishment must be able to document that (i) it has disclosed to all employees that if a smoking license is granted to the establishment, smoking will be permitted on the premises and (ii) all employees have acknowledged receiving the disclosure. Provides that if the eligible establishment has a liquor license, it must be in compliance with all of the terms of the liquor license in order to receive a license to allow smoking on the premises. Amends the Smoke Free Illinois Act. Provides that smoking is allowed in any eligible establishment that has obtained a license to allow smoking on the premises from the local liquor control commission. Provides that an eligible establishment must post prominent signage notifying the public that the establishment has been designated as a smoking establishment. Effective immediately.” An amendment filed 3/4/2011 “(d)eletes everything after the enacting clause and reinserts the bill as introduced, with the following changes: (i) amends the Illinois Municipal Code to provide that the corporate authorities of each municipality may authorize by ordinance the local liquor control commission to issue smoking licenses to establishments eligible for a smoking license under the Liquor Control Act of 1934; (ii) in the Liquor Control Act of 1934, provides that a local liquor control commission, if authorized by ordinance, shall have the power to issue a smoking license to certain eligible establishments and provides that an eligible establishment must be able to document that it has an air filtration system that meets certain standards; and (iii) also makes technical changes. Effective immediately.” Last action: 4/15/2011 ‐ Rule 19(a)/Re‐referred to Rules Committee Sponsors: Rep. Anthony DeLuca, Randy Ramey, Jr., Daniel J. Burke and Robert Rita Link: http://www.ilga.gov/legislation/billstatus.asp?DocNum=1310&GAID=11&GA=97&DocTypeID=HB&LegID=57595
&SessionID=84 HB1965, SMOKE FREE IL‐GAMING EXEMPT Synopsis: “Amends the Smoke Free Illinois Act. In the provision concerning exemptions, includes gaming facilities licensed under the Riverboat Gambling Act, if smoking is not banned in gaming facilities located in the nearest neighboring state. Provides that the exemption shall no longer apply to a gaming facility on and after the date that smoking is banned in gaming facilities located in the nearest neighboring state. Effective immediately.” Last action: 3/30/2011 ‐ Referred to Assignments in Senate (Passed by the House 3/29/2011) Sponsors: Rep. Daniel J. Burke, Eddie Lee Jackson, Sr., Lou Lang, Daniel V. Beiser and William Davis (and in the Senate, Sen. Martin A. Sandoval and James F. Clayborne, Jr.) Link: http://www.ilga.gov/legislation/billstatus.asp?DocNum=1965&GAID=11&GA=97&DocTypeID=HB&LegID=59166
&SessionID=84 HB2951, INS CD‐CANCER CLINICAL TRIALS Synopsis: “Amends the State Employees Group Insurance Act of 1971, Counties Code, Illinois Municipal Code, School Code, Illinois Insurance Code, Health Maintenance Organization Act, and Voluntary Health Services Plans Act. Provides that accident and health insurance policies and managed care plans must provide coverage for routine patient care costs incurred for cancer treatment in an approved cancer clinical trial to the same extent that such policy or contract provides coverage for treating any other sickness, injury, disease, or condition covered under the policy or contract if the insured has been referred for such cancer treatment. Sets forth criteria under which routine patient care costs for cancer treatment given pursuant to an approved cancer clinical trial shall be covered. Sets forth definitions for ‘approved cancer clinical trial’, ‘institutional review board’, ‘routine patient care costs’, and ‘therapeutic intent.’ Effective on January 1, 2012.” Last Action: 3/17/2011 ‐ Rule 19 (a)/Re‐referred to Rules Committee Sponsors: Rep. Jehan A. Gordon and Derrick Smith Link: http://www.ilga.gov/legislation/billstatus.asp?DocNum=2951&GAID=11&GA=97&DocTypeID=HB&LegID=60284
&SessionID=84 SB0006, CIGARETTE TAX‐INCREASE Synopsis: “Amends the Cigarette Tax Act and the Cigarette Use Tax Act. Provides that an additional tax of 38 mills per cigarette is imposed beginning March 1, 2011. Provides that an additional tax of 12.5 mills per cigarette is imposed beginning March 1, 2012. Provides that proceeds from the additional taxes shall be deposited into the Long‐Term Care Provider Fund and the Fund for the Advancement of Education. Amends the State Finance Act to create the Fund for the Advancement of Education. Provides that retailers and distributors who have stamped cigarettes in their possession when the additional tax takes effect are not required to pay the additional tax on those stamped cigarettes, except that retailers and distributors are required to pay the additional tax to the extent the average monthly volume of cigarette stamps in the retailer or distributor's possession exceeds the average monthly volume of cigarette stamps purchased by the retailer or distributor in the previous calendar year. Allows distributors to make payment for tax stamps by draft, which shall be payable within 10 days after purchase. Amends the Tobacco Products Tax Act. Provides that moist snuff is considered a tobacco product. Provides that the tax is imposed on moist snuff at the rate of $0.20 per ounce. Provides that, beginning on March 1, 2011, the tax rate imposed per ounce of moist snuff may not exceed 11% of the tax imposed upon a package of 20 cigarettes pursuant to the Cigarette Tax Act. Effective immediately.” Last Action: 1/27/2011 ‐ Referred to Assignments Sponsor: Sen. John J. Cullerton Link: http://www.ilga.gov/legislation/billstatus.asp?DocNum=0006&GAID=11&GA=97&DocTypeID=SB&LegID=53963
&SessionID=84 SB0396, REVENUE‐TECH Synopsis: “Amends the Economic Development for a Growing Economy Tax Credit Act. Makes a technical change in a Section concerning the purpose of the Act. An amendment filed 4/1/2011 cites this as the ‘Sugar‐
Sweetened Beverages, Syrups, and Powder Tax Act.’” (See also HB1190.) Last action: 3/17/2011 ‐ Placed on Calendar Order of 3rd Reading March 29, 2011 Sponsor: Sen. William Delgado Link: http://www.ilga.gov/legislation/BillStatus.asp?DocNum=0396&GAID=11&DocTypeID=SB&LegID=55224&Session
ID=84&SpecSess=&Session=0&GA=97 SB1621, INS CD‐TOBACCO DEPENDENCE LAW Synopsis: “Amends the Illinois Insurance Code. Provides that the provision concerning tobacco use cessation programs does not apply to short‐term travel, disability income, long‐term care, accident only, or limited or specified disease policies. Creates the Tobacco Dependence Coverage Law. Provides that group and individual accident and health policies and managed care plans issued to a resident of the State must provide coverage or reimbursement of up to $500 annually for a tobacco use cessation program for insureds who are 18 years of age or older. Provides that notice of the availability of coverage shall be delivered to the insured. Provides that an insurer may not deny eligibility or continued eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of the Law. Provides that an insurer may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives to induce the provider to provide care that is inconsistent with the Law. Amends the Health Maintenance Organization Act, Limited Health Service Organization Act, and Voluntary Health Services Plans Act to provide that those Acts shall be subject to the provisions of the Illinois Insurance Code concerning tobacco use cessation programs.” Last action: 3/18/2011 ‐ Rule 3‐9(a)/ Re‐referred to assignments Sponsor: Sen. Heather A. Steans Link: http://www.ilga.gov/legislation/billstatus.asp?DocNum=1621&GAID=11&GA=97&DocTypeID=SB&LegID=57569
&SessionID=84