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 1        AN ACT concerning public 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 2310-371 as follows:

 7        (20 ILCS 2310/2310-371 new)
 8        Sec. 2310-371.  Obesity Study and Prevention Fund.
 9        (a)  Findings  and  declarations.  The  General  Assembly
10    finds and declares the following:
11             (1)  that  obesity  is  a  serious  medical  problem
12        affecting up to one-third of all Americans;
13             (2)  that  obesity is known to cause or exacerbate a
14        number  of  serious  disorders  including   hypertension,
15        dyslipidemia,     cardiovascular    disease,    diabetes,
16        respiratory dysfunction, gout, and osteoarthritis;
17             (3)  that  nearly  80%  of  patients  with  diabetes
18        mellitus are obese;
19             (4)  that  nearly  70%   of   diagnosed   cases   of
20        cardiovascular disease are related to obesity; and
21             (5)  that  obesity ranks second only to smoking as a
22        preventable cause of  death,  with  some  300,000  deaths
23        annually attributable to obesity.
24        (b)  Definition  of "obesity". In this Section, "obesity"
25    means the term as it is defined by the National Institutes of
26    Health including, but not limited to, the condition in  which
27    a person's body mass index is at least 30 kilograms per meter
28    squared, or the condition in which a person's body mass index
29    is  at  least  27  kilograms per meter squared and the person
30    suffers from one or  more  of  the  following  conditions  or
31    diseases:   (i)  type  II  diabetes;  (ii)  impaired  glucose
 
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 1    tolerance; (iii)  hyperinsulinemia;  (iv)  dyslipidemia;  (v)
 2    hypertension;     (vi)    cardiovascular    disease;    (vii)
 3    cerebrovascular disease; (viii) osteoarthritis of the hips or
 4    knees; (ix) sleep apnea; (x) gastric reflux disease; or  (xi)
 5    gallbladder disease.
 6        (c)  Data collection and report to the General Assembly.
 7             (1)  Subject  to  appropriation,  the Department, or
 8        its designee, shall sample and collect data on individual
 9        cases where obesity is being actively treated and analyze
10        that data in order to evaluate  the  impact  of  treating
11        obesity.  The  data collection and analysis shall include
12        the following: (i) the effectiveness of existing  methods
13        for    treating   or   preventing   obesity;   (ii)   the
14        effectiveness  of  alternate  methods  for  treating   or
15        preventing  obesity;  (iii) the fiscal impact of treating
16        or  preventing   obesity;   (iv)   the   compliance   and
17        cooperation  of patients with various methods of treating
18        or preventing obesity; and (v) any reduction  in  serious
19        medical  problems  associated  with  diabetes that result
20        from treating or preventing obesity.
21             (2)  After completion of the  data  collection,  the
22        Department shall submit a report and supporting materials
23        to the General Assembly by March 1, 2005.
24        (d)  Obesity Study and Prevention Fund. The Obesity Study
25    and  Prevention  Fund  is  established in the State treasury.
26    Moneys in  the  Fund  shall  be  earmarked  for  use  by  the
27    Department  to  conduct or support research regarding obesity
28    and shall be expended in accordance with  the  provisions  of
29    this  Section.  Any  Fund  balance  remaining at the end of a
30    fiscal year shall be carried forward  into  the  next  fiscal
31    year. Income accruing on investments and deposits of the Fund
32    shall be deposited into the Fund. Moneys in the Fund shall be
33    invested by the Treasurer and administered by the Director of
34    the Department of Public Health.
 
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 1        Section  10.  The  State Finance Act is amended by adding
 2    Section 5.595 as follows:

 3        (30 ILCS 105/5.595 new)
 4        Sec. 5.595.  Obesity Study and Prevention Fund.

 5        Section 99. This Act takes effect on July 1, 2003.