H. B. 4671
(By Delegate Rowe, Compton, Houston, Amores, C. White,
Fleischauer and Susman)
[Introduced February 24, 2000; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend and reenact section three, 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 the use of funds in
the West Virginia tobacco settlement fund; the governor's
cabinet on children and families; 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 three, 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-3. Receipt of settlement funds and required deposit in the
West Virginia tobacco settlement fund.
(a) There is hereby created in the state treasury a special
revenue account, designated the "Tobacco Settlement Fund", which
shall be an interest bearing account and may be invested in the
manner permitted by the provisions of 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. These funds shall be available only upon
appropriation by the Legislature as part of the state budget:
Provided, That for the fiscal year two thousand, the first five
million dollars received into the fund shall be transferred to the
public employees insurance reserve fund created in article two,
chapter five-a of this code.
(b) Appropriations from the tobacco settlement fund are
limited to expenditures for the following purposes:
(1) Reserve funds for continued support of the programs
offered by the public employees insurance agency established in article sixteen, chapter five of this code;
(2) Funding for expansion of the federal-state medicaid
program as authorized by the Legislature or mandated by the federal
government;
(3) Funding for public health programs, services and agencies;
and
(4) Funding for any state owned or operated health facilities.
(5) Funding during fiscal years in which revenues are received
pursuant to the master tobacco settlement beginning in the year two
thousand and in each of the nine years next following the year two
thousand, 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 protobacco influences and increase prohealth 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.
(I) 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.
(c) Notwithstanding the provisions of section two, article
two, chapter twelve of this code, moneys within the tobacco
settlement trust fund may not be redesignated for any purpose other
than those set forth in this section.
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 thousand one.
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.
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) 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) 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.
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 thousand one; 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 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, 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 provide that the Governor's
Cabinet on Children and Families develop educational programs to
discourage children from using tobacco products; and providing 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.