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.