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)

____________

[Introduced March 9, 2001; referred to the Committee on Health and Human Resources; and then to the Committee on Finance.]

____________




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.