Senate Bill No. 452
(By Senator Rowe, Mitchell, Hunter, Kessler and Burnette)
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[Introduced January 30, 2002; referred to the Committee
on the Judiciary; 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, 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 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.
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 two, and in each of the nine years next
following the year two thousand two, 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 others 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.
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.