Senate Bill No. 457
(By Senators Rowe, Kessler, Hunter, Mitchell, Ross, Burnette,
Deem, Sharpe, Edgell, Fanning, Helmick, Prezioso, McCabe,
Unger, Minard, Bowman, Wooten, Jackson, Anderson, Love,
Oliverio, Tomblin, Mr. President, Redd and Bailey)
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[Introduced March 9, 2001; referred to the Committee on Health
and Human Resources; and then to the Committee on Finance.]
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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; and to amend and reenact
sections one, three, four, five and six, article twenty-six,
chapter five of said code, all 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; the governor's
cabinet on children and families to administer programs; providing that the cabinet provide educational programs to
discourage children from using tobacco products; and
providing funds for the programs from the tobacco master
settlement agreement.
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; and that sections one, three,
four, five and six, article twenty-six, chapter five of said code
be amended and reenacted, all to read as follows:
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.
(a) The Legislature finds and declares that certain
dedicated revenues should be preserved in trust for the purpose
of stabilizing the states 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
other than the following which have
been recommended by the federal center for disease control:
(1) Funding during fiscal years in which revenues are
received pursuant to the master tobacco settlement beginning in
the year two thousand one and in each of the nine years next
following the year two thousand one, for state and local tobacco
cessation and prevention programs in amounts no less than the
minimum amounts listed below and in amounts no greater than the
amounts listed below for each of the following types of programs
and administrative board to coordinate and manage the programs:
(A) Community programs focused on: (i) Prevention of the
initiation of tobacco use among young people; (ii) cessation for
current users of tobacco; (iii) protection from environmental
tobacco smoke; and (iv) elimination of disparities in tobacco use
among populations, with a minimum annual sum of two million one
hundred twenty-two thousand dollars up to a maximum annual sum of
four million eight hundred thirty-two thousand dollars.
(B) Comprehensive chronic disease programs to focus
attention directly on tobacco related diseases, both to prevent
them and detect them early, with a minimum annual sum of two
million eight hundred eight thousand dollars up to a maximum annual sum of four million one hundred eighty-three thousand
dollars.
(C) 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, with a minimum annual sum of
one million seven hundred thirty-three thousand dollars up to a
maximum annual sum of two million six hundred thousand dollars.
(D) 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, with a
minimum annual sum of nine hundred thirty-two thousand dollars
up to a maximum annual sum of one million seven hundred
sixty-three thousand dollars.
(E) 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, with a minimum annual sum of seven hundred twenty-seven thousand dollars up to a maximum
annual sum of one million eight hundred sixteen thousand dollars.
(F) 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, with a minimum annual sum of one million eight
hundred sixteen thousand dollars up to a maximum annual sum of
five million four hundred forty-eight thousand dollars.
(G) Programs for cessation of tobacco use by all age groups,
with a minimum annual sum of two million one hundred twenty-four
thousand dollars up to a maximum annual sum of ten million one
hundred nine thousand dollars.
(H) Programs to establish comprehensive surveillance and
evaluation systems to monitor and document program accountability
for state policy-makers and other responsible for fiscal oversight, with a minimum annual sum of one million two hundred
thirty-two thousand dollars up to a maximum annual sum of three
million seventy-six thousand dollars.
(2) A state coordinating and management program to be
administered by a board to be appointed by the governor, which
board may have a staff in the governor's office to administer its
programs, with trust funds provided from revenues received
pursuant to the master tobacco settlement.
(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.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 26. GOVERNOR'S CABINET ON CHILDREN AND FAMILIES.
§5-26-1. Legislative findings; statement of purpose.
(a) The Legislature finds that the early years of life are
a critical developmental and educational stage in the total life
cycle and declares that parents are the children's first teachers and have the primary responsibility for meeting the needs and
addressing the development of their children. Therefore, social
programs and services for children and families shall be built
upon respect for the integrity of the family and the belief in
the strength and the ability of families to thrive and the
ability of parents to nurture and provide for their children.
However, families can experience severe crises which result in
life-threatening situations to children or other family members
or can have long-term negative impact on the child. The
Legislature further finds that two of the crises which affect the
ability of children to thrive and develop are teenage pregnancies
and
tobacco and substance abuse. Successful intervention by a
combined effort of government, the people of West Virginia and
the Legislature can successfully reduce the number of pregnancies
to unmarried, adolescent females and the instances of
tobacco,
drug and alcohol abuse by children by the year two thousand
two.
(b) The state has an obligation to provide crisis
intervention and stabilization, with the goal of providing for
children's well-being in a permanent situation in the home
environment or in the least restrictive setting as close to a
home environment as possible.
(c) The Legislature intends to accomplish its goals relating
to children and families through a family-centered,
comprehensive, community-based system for the provision of social
services, programs and facilities for children and families
overseen by the highest levels of state government, although this
may require fundamental changes in the way state government
responds to the needs of children and their families.
(b) (d) The Legislature hereby declares that one purpose of
this article and the policy of the state is to achieve the
coordination of programs and services to children and families
through a cabinet in the governor's office which is independent
from any state agency and which shall act as an interagency
cabinet created to nurture a flexible system for the
comprehensive, unified, effective and efficient administration of
programs and services to children and families which avoids
fragmentation and duplication of programs and services and which
facilitates and promotes cooperation among state agencies, as
well as regional, local and private service agencies. It is the
intent of the Legislature, through the governor's cabinet, to
emphasize preventive services to children and families in order
to avoid the human and financial costs to the state of individual and family instability and to benefit the state and society as a
whole. For maximum effectiveness, the Legislature intends to
provide such services in a long-term manner with such intensity
as the needs of the particular situation require.
(c)(e) The Legislature intends that participation in the
programs authorized or required in this article shall be
voluntary on the part of any child or family for whom the program
is available, and not otherwise required under state or federal
laws or regulations, and all outreach shall emphasize the
positive, voluntary nature of the programs. The service delivery
system shall be driven by the needs and preferences of the child
and family, shall reflect local community characteristics and
resources, shall allow for local input, and shall focus on
prevention, education and early intervention. The service
providers shall convey an attitude of support, compassion,
understanding, friendliness and patience.
(f) The Legislature intends, by this article, to allow
diversity and regional, cultural and ethnic sensitivity in the
development of programs and services for children and families.
To the greatest extent possible, families are to be involved in
all aspects of planning and delivery of services to that family, and the community shall be involved in the service delivery
system in that community. This is intended to foster strong
family and community program ownership while maintaining clear
parameters for program goals and purposes through the governor's
cabinet on children and families.
§5-26-3. Duties and responsibilities of cabinet generally.
In addition to all other duties and responsibilities
assigned to the cabinet in this article and elsewhere by law, the
cabinet shall have the power and the duty to:
(1) Analyze ways to best utilize the information and
evaluations obtained through previously existing or ongoing
programs for children and families such as "Home-Oriented
Preschool Education" (HOPE), which focuses on televised
educational outreach to rural children; "Parent and Child
Education" (PACE), which focuses on literacy; and "Parents as
Teachers" (PAT), which focuses on parents working with the
children and determine ways to implement or incorporate aspects
of the programs that would be of benefit to families and children
in this state;
(2) Designate an individual who shall monitor and report on
head-start, early intervention and other preschool programs throughout the state;
(3) Provide for the holistic coordination of programs and
services for
all children and families in such areas as housing;
health promotion and disease prevention; education,
transportation, reading and literacy; food and nutrition; other
necessities such as clothing and utilities; job training and
employment; child care; child protection; early intervention and
crisis intervention; assessment and diagnosis; home-based family
development, preservation and reunification; financial planning;
mental health and counseling;
tobacco and substance abuse
prevention counseling and treatment; in order to increase the
available
tobacco, drug and alcohol counseling, education and
addiction awareness training; pregnancy prevention for
adolescents with the goal being to reduce the number of
adolescent pregnancies by fifty percent by the year two thousand
two; information, referral and placement and any other such
services;
(4) Promote the delivery of early prenatal care services for
all pregnant women through local health care providers;
(5) Assure the development of parenting education services
and outreach efforts, child developmental stages, including the utilization of media and supportive activities for children and
care givers with a focus on children three to five years old
living in rural areas;
(6) Provide for the coordination of programs and services
for comprehensive developmental screening and well-baby visits
for all preschool children and parental involvement in all areas
of a child's education and development;
(7) Identify facilities and properties throughout the state
that may be required or available for the effective and efficient
provision of programs and services to children and families, with
an emphasis on utilizing available state facilities, including
public school facilities
and facilities within the state system
of higher education;
(8) Prepare a proposed budget for the operation of the
cabinet to be recommended to the governor for inclusion in the
executive budget to be submitted to the Legislature;
(9) Create an independent case management system for all
children in the custody of the state, for families requiring
services from multiple agencies, and for any other category of
children or families as the cabinet may
deem consider
appropriate;
(10) Develop coordinated information systems and examples of
forms, including eligibility forms, for use at the local,
regional and state levels designed: (i) To provide people with
complete, easy-to-read information on programs and services
available to children and families; and (ii) to provide service
providers with sufficient information while minimizing the amount
of paperwork required of people seeking services or for program
participation;
(11) Promote the work of the governor's cabinet on children
and families in order to engender strong support from the
community, the Legislature, and business leaders;
(12) Provide public information on services and programs
available to children and families which shall include a staffed,
statewide toll-free phone number whereby children and families
can receive information on available services and programs and
which may include television programs, public service
announcements and any other effective means of providing
information on, communicating or promoting any service or
program;
(13) Address specifically the provision of programs and
services to children and families living in the rural areas of the state; and
(14) Report annually to the Legislature and to such other
units as the cabinet
may deem considers appropriate on issues
relating to children and families.
§5-26-4. Powers and authority of cabinet generally.
In addition to all other powers granted to the cabinet in
this article and elsewhere by law, the cabinet
shall have has the
power and authority to:
(1) Negotiate written agreements and procedures between and
among departments of state government which assure that children
and families are provided with health care, social services,
appropriate education and vocational training, and any other
services to which they may be entitled under state and federal
law;
(2) Provide or contract with any agencies or persons in this
state and other states for any facilities, equipment or service
necessary to achieve the purposes of this article; and hire such
staff support sufficient to carry out the duties and
responsibilities of the cabinet;
(3) Develop and implement rules,
regulations, standards and
policies governing the internal operation and administration of the cabinet;
(4) Delegate any of the cabinet's powers, duties or
functions as the cabinet
may deem considers appropriate,
expedient and effective;
(5) Solicit and accept proposals in furtherance of any
program or service required by this article, especially for the
establishment of family resource networks at the regional or
local level and for the implementation of pilot programs;
(6) Develop programmatic standards for early childhood
programs, including recommendations regarding development
activities required to be provided by licensed day care and child
care facilities and programs;
(7) Review any rules,
and regulations including licensure
requirements, to the extent that they impact on or create
barriers to the provision of programs and services to children
and families;
(8) Develop and require the implementation of
interdisciplinary and interagency standards for all children in
the custody of the state, with the goal of providing for
children's well-being in the home environment or the least
restrictive setting;
(9) Waive rules
and regulations that impede coordinated
service delivery;
(10) Solicit, accept and expend grants, gifts, bequests,
donations and other funds made available to the cabinet:
Provided, That all unrestricted grants, gifts, bequests and
donations shall be deposited in the children's fund created
pursuant to section six of this article;
(11) Establish family resource networks and services in
local communities by building on existing resources to coordinate
services to families and children;
(12) Authorize family resource networks or otherwise develop
service areas which will allow for the efficient delivery of
programs and services on a local or regional basis so that
programs and services are provided in or as close to the local
community level as possible in accordance with guidelines to be
established by the cabinet; and
(13) Exercise any and all other powers, including the
adoption of an official seal and to charter public or
quasi-public corporations, necessary for the discharge of the
cabinet's duties and the implementation of the purposes of this
article.
§5-26-5. Powers and duties relating to funding and budgetary
needs for children and families.
(a) The cabinet shall analyze the budgets of the departments
of state government to the extent that they address or impact
upon programs and services for children and families, review
budgetary needs and revenue sources, and make recommendations
regarding the governor's proposed budget and the redirection of
resources. In making
such these recommendations, the cabinet
shall educate themselves on the availability of and eligibility
for federal, local and private funding, with the goal of
maximizing federal, local and private revenues,
including funds
from the tobacco master settlement agreement and the "West
Virginia Tobacco Settlement Medical Trust Fund" created by
section two, article eleven-a, chapter four of this code, for use
in areas directly benefitting children and families.
(b) Any legislative recommendation shall be accompanied by
a proposal or plan for sufficient funding. In exploring all
aspects of funding possibilities, the cabinet shall consider
innovative, flexible funding such as interagency funding, joint
funding pools, interagency reimbursement, and funding by the
families serviced based on ability to pay.
(c) Notwithstanding the provisions of section nineteen, article two, chapter five-a of this code or any other provision
of law to the contrary, the cabinet
shall have the ability to may
transfer funds among, between and within departments in
accordance with rules for
such this purpose adopted by the
cabinet notwithstanding the provisions of chapter twenty-nine-a
of this code.
(d) The cabinet shall develop fiscal incentives for the
establishment of family resource networks and for programs
resulting in substantial cost savings, such as programs which
keep children at home and which thereby avoid unnecessary
out-of-home care. Any savings resulting from the coordination of
programs and services for children and families shall be
reinvested for expenditure in areas directly benefitting children
and families.
§5-26-6. Children's fund created; purpose.
(a) The cabinet shall establish a children's fund for the
sole purpose of awarding grants, loans and loan guaranties for
child abuse and neglect prevention activities
and educational
programs to discourage children from using tobacco products.
Gifts, bequests or donations for this purpose, in addition to
appropriations to the fund, shall be deposited in the state treasury in a special revenue account that is independent from
any executive or other department of government, other than the
office of the governor.
(b) Each state taxpayer may voluntarily contribute a portion
of the taxpayer's state income tax refund to the children's fund
by so designating the contribution on the state personal income
tax return form. The cabinet shall approve the wording of the
designation on the income tax return form, which designation
shall appear on tax forms. The tax commissioner shall determine
by the first day of July of each year the total amount designated
pursuant to this subsection and shall report that amount to the
state treasurer, who shall credit that amount to the children's
fund.
(c) All interest accruing from investment of moneys in the
children's fund shall be credited to the fund. The legislative
auditor shall conduct an audit of the fund before the first day
of July, two thousand three and at least every three fiscal years
thereafter.
(d) Grants, loans and loan guaranties may be awarded from
the children's fund by the cabinet for child abuse and neglect
prevention activities
and educational programs to discourage children from using tobacco products.
NOTE: The purpose of this bill is to provide that the
Governor's Cabinet on Children and Families develop educational
programs to discourage children and others from using tobacco
products; and 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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