SB 452 Text

COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 452
(By Senators Rowe, Mitchell, Hunter, Kessler and Burnette)
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[Originating in the Committee on the Judiciary;
reported February 26, 2002.]
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A BILL to amend and reenact section two, article eleven-a, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to funding programs to discourage use of tobacco at levels recommended by the federal center for disease control out of the West Virginia tobacco settlement medical trust fund.

Be it enacted by the Legislature of West Virginia:

That section two, article eleven-a, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
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.

(a) The Legislature finds and declares that certain dedicated revenues should be preserved in trust for the purpose of stabilizing the ~~states~~ state's health related programs and delivery systems. It further finds and declares that these dedicated revenues should also be preserved in trust for the purpose of educating the public about the health risks associated with tobacco usage and for the establishment of 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 section nine, article six, chapter twelve of this code, with the interest income a proper credit to the fund. Unless contrary to federal law, fifty 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; and

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

(c) The moneys from the principal in the trust fund may not be expended for any purpose The 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. may be expended in amounts no greater than fifteen million dollars in any one budget year for no purpose other than the following listed purposes:

(1) Community programs focused on: (A) Prevention of the initiation of tobacco use among young people; (B) cessation for current users of tobacco; (C) protection from environmental tobacco smoke; and (D) elimination of disparities in tobacco use among populations;

(2) Comprehensive chronic disease programs to focus attention directly on tobacco-related diseases, both to prevent them and detect them early;

(3) Comprehensive tobacco prevention programs to identify the social influences which promote tobacco use among youth and which teach skills to resist such influences and significantly reduce or delay adolescent smoking;

(4) Programs for enforcement of tobacco control policies to enhance their efficacy both by deterring violators and by sending a message to the public that the community leadership believes the policies are important, especially in regard to the access of minors to tobacco and for the health of nonsmokers;

(5) Funding to support statewide programs for a comprehensive approach to the prevention and reduction of tobacco use by providing technical assistance on evaluating programs, promoting media advocacy, implementing smoke-free policies and reducing minors' access to tobacco;

(6) Programs for counter-marketing activities or promote smoking cessation and decrease the likelihood of initiation, to counter pro-tobacco influences and increase pro-health messages and influences throughout the state, region or community, by a wide range of efforts, including paid television, radio, outdoor and print counter-advertising at the state and local level; media advocacy and other public relations techniques using such tactics as press releases, local events, and health promotion activities; and efforts to reduce or replace tobacco industry sponsorship and promotions;

(7) Programs for cessation of tobacco use by all age groups;

(8) Programs to establish comprehensive surveillance and evaluation systems to monitor and document program accountability for state policy-makers and others responsible for fiscal oversight;

(9) A state coordinating and management program to be administered by the department of health and human resources.

(d) The 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.

NOTE: The purpose of this bill is to provide that funds for the programs come from the tobacco master settlement agreement.

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

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