WEST virginia legislature

2020 regular session

Introduced

House Bill 4494

By Delegates Bates, Cowles, Lavender-Bowe, Pack, Rohrbach, Shott, Ellington, Boggs, Hill and Espinosa

[Introduced January 23, 2020; Referred to the Committee on Health and Human Resources then Finance]

A BILL to amend and reenact §4-11A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated as §16-9G-1, §16-9G-2, §16-9G-3 and §16-9G-4, all relating to expanding tobacco use reduction and cessation initiatives; dedicating a portion of the proceeds from the West Virginia Tobacco Settlement Medical Trust Fund for tobacco reduction and cessation programs; creating a task force to undertake studies and monitor and advise the Division of Tobacco Cessation and recommend policies to the Legislature; authorizing the Office of Tobacco Cessation to apply and administer private grants and donations; and creation of a special revenue account to fund the Office of Tobacco Cessation and state tobacco use reduction and cessation programs.

Be it enacted by the Legislature of West Virginia:

CHAPTER 4. THE LEGISLATURE.

ARTICLE 11A. LEGISLATIVE APPROPRIATION OF TOBACCO SETTLEMENT FUNDS.

§4-11A-2. Receipt of settlement funds and required deposit in West Virginia Tobacco Settlement Medical Trust Fund until June 1, 2005, then to Workers' Compensation Debt Reduction Fund; deposit of strategic compensation payments; transfer of trust fund moneys.

(a) The Legislature finds and declares that certain dedicated revenues should be preserved in trust for the purpose of stabilizing the state's health-related programs and delivery systems. It further finds and declares that these dedicated revenues should be preserved in trust for the purpose of educating the public about the health risks associated with tobacco usage and establishing a program designed to reduce and stop the use of tobacco by the citizens of this state and in particular by teenagers.

(b) There is hereby created a special account in the state Treasury, designated the West Virginia Tobacco Settlement Medical Trust Fund, which shall be an interest-bearing account and may be invested in the manner permitted by §12-6-9 of this code, with the interest income a proper credit to the fund. Unless contrary to federal law, 50 percent of all revenues received pursuant to the master settlement agreement shall be deposited in this fund. Funds paid into the account may also be derived from the following sources:

(1) All interest or return on investment accruing to the fund;

(2) Any gifts, grants, bequests, transfers or donations which may be received from any governmental entity or unit or any person, firm, foundation or corporation;

(3) Any appropriations by the Legislature which may be made for this purpose; and

(4) Any funds or accrued interest remaining in the board of Risk and Insurance Management Physicians' Mutual Insurance Company account created pursuant to §33-20F-7 of this code on or after July 1, 2004.

(c) (1) The moneys from the principal in the trust fund may not be expended for any purpose, except that on April 1, 2003, the Treasurer shall transfer to the board of Risk and Insurance Management Physicians' Mutual Insurance Company account created by §33-20F-7 of this code, $24 million from the West Virginia Tobacco Settlement Medical Trust Fund for use as the initial capital and surplus of the Physicians' Mutual Insurance Company created pursuant to said article. The remaining moneys in the trust fund resulting from interest earned on the moneys in the fund and the return on investments of the moneys in the fund shall be available only upon appropriation by the Legislature as part of the state budget and expended in accordance with the provisions of section three of this article.

(2) Notwithstanding any other provision of this code to the contrary, on the effective date of the amendment and reenactment of this section during the regular session of the Legislature in 2006, all moneys in the trust fund and any interest or other return earned thereon shall be transferred to the Revenue Shortfall Reserve Fund - Part B created in §11B-2-20 of this code and the trust fund shall be closed. No provisions of the amendments made to this section during the regular session of the Legislature in 2006 may be construed to change the requirements of this section for the deposit of revenues received pursuant to the master settlement agreement into the Workers' Compensation Debt Reduction Fund: Provided, That notwithstanding any other provision of this code to the contrary, on the effective date of the amendment and reenactment of this section during the regular session of the Legislature in 2020, the interest from this trust fund shall be deposited into the “Tobacco Cessation Initiative Program Special Revenue Account”  created in §16-9G-3 of this code, for the purpose of funding the state program established in §16-9G-1 et seq. of this code.

(d) Notwithstanding the preceding subsections to the contrary, the first $30 million of all revenues received after June 30, 2005, pursuant to section IX(c)(1) of the master settlement agreement shall in the fiscal year beginning July 1, 2005, and each fiscal year thereafter, be deposited in the Workers' Compensation Debt Reduction Fund established in the State Treasury in §23-2D-5 of this code. Receipts in excess of $30 million shall be deposited into the Tobacco Settlement Fund provided in section three of this article.

(e) Notwithstanding anything in this code to the contrary, strategic compensation payments received pursuant to section IX(c)(2) of the master settlement agreement, beginning in 2008, shall be deposited in their entirety in the Workers' Compensation Debt Reduction Fund.

(f) Notwithstanding anything in this code to the contrary, on the effective date of the sale of the state's share to the authority as authorized in this article, the deposits and transfers provided in this section shall cease and no longer be required.

CHAPTER 16. PUBLIC HEALTH.

ARTICLE 9G. TOBACCO CESSATION INTITITIVE.

§16-9G-1. Establishment of Tobacco Use Cessation Initiative.

The purpose of this article is to direct a portion of the dedicated funding of the Tobacco Master Settlement proceeds to fund state programs for the reduction of all forms of tobacco use in West Virginia. The Bureau for Public Health’s Division of Tobacco Prevention shall administer the program, and the Tobacco Use Prevention and Cessation Task Force shall monitor the agency’s programs and activities and recommend programs and initiatives focused on reduction of tobacco use, with a primary focus on reduction of the initiation of use of all tobacco products by the youth of this state.

§16-9G-2. Tobacco Use Prevention and Cessation Task Force.

(a) Task Force Created. -- The West Virginia Tobacco Use Prevention and Cessation Task Force is hereby created for the purpose of recommending and monitoring the establishment and management of programs that are found to be effective in the reduction of tobacco use by all state citizens, with particular and strong focus on the prevention of children and young adults use of tobacco products. The Task Force is directed to meet regularly to study, monitor, and recommend funding and initiation of programs that reduce tobacco consumption in West Virginia, and to initiate studies and processes to provide the most efficient and effective use of the funds dedicated for this purpose. The Task Force is to be compiled of a wide range of persons in the health care field, tobacco cessation experts, advocates, and citizens, with the intention of the Legislature to create a dynamic and innovative group to focus, monitor, and facilitate state resources towards this goal.

(b) Task Force membership. --

(1) The Task Force on Tobacco Use Prevention and Cessation Task Force shall have the following members:

(A) The Director of the Bureau for Public Health or his or her designee, who shall serve as chair of the Task Force;

(B) A representative of the State Board of Medicine who is a licensed physician with expertise in health impacts associated with tobacco consumption, as appointed by the board;

(C) The Superintendent of the Department of Education or his or her designee;

(2) Four members to be appointed by the Governor:

(A) A representative of a nationwide nonprofit organization dedicated to the elimination of cancer;

(B) A representative of a nonprofit national organization that funds cardiovascular medical research;

(C) A representative of the Board of Dental examiners with an expertise in oral health as appointed by the board;

(D) A representative of a national voluntary health organization whose mission is to save lives by improving lung health and preventing lung disease through education, advocacy, and research; and

(E)  Two citizen members that through professional or medical experience or advocacy are committed to work and advocate for cessation of tobacco consumption in all forms in the state.

(c) Task Force authority and directives. --

The Task Force shall meet at least quarterly at the call of the chair. The Director of the Division of Tobacco Prevention shall attend each task force meeting and shall provide staff support services for the task force. The task force shall monitor the Division of Tobacco Prevention’s programs and make recommendations to the division on expenditures and programs which are being administered by that office. The Task Force shall also provide annual reports to the Legislative Oversight Committee on Health and Human Resources Accountability by December 1st of each year, which shall include at a minimum, the following:

(1) An assessment of each program administered by the Division of Tobacco Prevention towards reducing tobacco consumption and include overview of the Division of Tobacco Prevention budget for the prior year and how state moneys and any other funding or grants received by the office are being expended that year;

(2)  Reviews and analysis of all the types of tobacco consumption practices in the state and identification of any emerging trends related to tobacco delivery devices and related activities impacting tobacco use, with particular emphasis on youth consumption trends and practices; and

(3)  Recommendations for legislation or implementation of legislation, public policies, and funding of programs that can further facilitate a reduction in tobacco usage in our state.

(d) Members of the task force are entitled to expenses reimbursement, consistent with expense reimbursements for members of the Legislature, for expenses associated with fulfilling their duties on the task force.

§16-9G-3. Division of Tobacco Prevention.

In addition to the administering and coordination of the state program on tobacco cessation as herein authorized, the Division of Tobacco Prevention is further authorized to apply for and administer federal and private grants and donations made for the purpose of reducing and eliminating tobacco consumption in this state.

§16-9G-4. Special revenue account.

There is hereby created the “Tobacco Cessation Initiative Program Special Revenue Account” the State Treasury. All moneys deposited into this special account shall be expended for the purposes set forth in this article, and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon fulfillment of the provisions of §11B-2-1 et seq. of this code: Provided, That for the fiscal year ending June 30, 2021, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature.

NOTE: The purpose of this bill is to invigorate the state tobacco cessation program by providing a dedicated funding stream to the Office of Tobacco Prevention by dedicating funds from interest accrued by the state from the Tobacco Master Settlement Fund to be used for tobacco cessation initiatives; and by creating the Tobacco Use Prevention and Cessation Task Force, to be made up of experts and citizens to monitor the state program to monitor the Office of Tobacco Prevention and recommend public policies and initiatives to facilitate tobacco use reduction.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.