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H.B. 12
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USE OF SETTLEMENT PROCEEDS FOR
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TOBACCO PREVENTION
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Karen W. Morgan
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AN ACT RELATING TO THE TOBACCO SETTLEMENT ACCOUNT; DESIGNATING THAT
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25% OF TOBACCO SETTLEMENT PAYMENTS, NOT TO EXCEED $8,000,000 IN ANY
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ONE FISCAL YEAR, BE USED TO FUND A STATEWIDE TOBACCO PREVENTION,
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REDUCTION, AND CONTROL MEDIA CAMPAIGN AND COMMUNITY OUTREACH
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PROGRAM; IMPOSING REPORTING REQUIREMENTS; REQUIRING THAT INTEREST BE
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EARNED ON THE ACCOUNT; APPROPRIATING $8,000,000 FROM THE TOBACCO
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SETTLEMENT ACCOUNT TO THE HEALTH DEPARTMENT FOR THE PROGRAM FOR
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FISCAL YEAR 2000-01; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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63-97-102, as enacted by Chapter 78, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-97-102
is amended to read:
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63-97-102. Creation and use of restricted account.
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(1) There is created within the General Fund a restricted account known as the Tobacco
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Settlement Account.
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(2) The account shall earn interest.
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[(2)] (3) The account shall consist of:
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(a) all funds received by the state that are related to the settlement agreement that the state
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entered into with leading tobacco manufacturers on November 23, 1998[.]; and
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(b) interest earned on the account.
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(4) (a) Subject to Subsection (4)(b), the Legislature shall annually appropriate 25% of any
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tobacco settlement related funds deposited into the account during the previous fiscal year to the
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Department of Health to be used in the manner set forth in Subsection (4)(c) to further the public
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health interests of the state.
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(b) (i) Unless an additional appropriation is made pursuant to Subsection (5), an
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appropriation made pursuant to Subsection (4)(a) may not exceed $8,000,000 in any given fiscal
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year.
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(ii) Any amount in excess of the $8,000,000 in Subsection (4)(b)(i) shall be governed by
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Subsection (5).
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(c) The Department of Health shall:
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(i) use up to 75% of the amount appropriated in Subsection (4)(a) to fund a statewide
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tobacco prevention, reduction, and control media campaign and community outreach program that:
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(A) is coordinated through the department;
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(B) is comprised of a media campaign and a community outreach component that are
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linked together and communicate a consistent and unified message;
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(C) takes into account existing department and community efforts to prevent, reduce, and
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control tobacco use;
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(D) takes into account the latest, available research and best practice models of other states
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with respect to tobacco prevention, reduction, and control;
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(E) discourages the use of cigarettes and other tobacco products, as those terms are defined
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in Section
59-14-102
;
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(F) places the greatest emphasis on children and youth, but includes target groups such as
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college-aged adults, pregnant women, the prison population, and those exposed to second hand
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smoke;
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(G) with respect to the media campaign, maximizes the use of radio, television, and other
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related mass communication outlets; and
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(H) with respect to the community outreach component, cooperatively involves local
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health departments; and
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(ii) provide no less than 25% of the amount appropriated in Subsection (4)(a) to local
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health departments to support efforts related to:
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(A) the local implementation of the community outreach component and media campaign
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described in Subsection (4)(c)(i); and
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(B) the local enforcement of tobacco laws.
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(d) The Department of Health shall:
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(i) report annually to the legislative appropriations subcommittee that has oversight
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responsibility for the department on the expenditures, department administrative costs, activities,
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outcomes, and efficacy of the statewide tobacco prevention and reduction media campaign and
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community outreach program;
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(ii) contract once every three years with an independent entity to evaluate the outcomes
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and efficacy of the statewide tobacco prevention, reduction, and control media campaign and
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community outreach program; and
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(iii) forward a copy of the evaluation conducted pursuant to Subsection (4)(d)(iii) within
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30 days of its completion to the legislative interim committee and the legislative appropriations
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subcommittee that have oversight responsibility for the department.
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[(3)] (5) Funds remaining in the account after the appropriation required by Subsection
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(4)(a) may only be used as directed by the Legislature through appropriation.
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Section 2. Appropriation.
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(1) There is appropriated $8,000,000 from the Tobacco Settlement Account within the
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General Fund for fiscal year 2000-01 to the Department of Health to be used as follows:
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(a) $6,000,000 for the statewide tobacco prevention, reduction, and control media
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campaign and related community outreach program as described in Section
63-97-102
; and
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(b) $2,000,000 for local health departments to support efforts related to the local
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implementation of the community outreach component and media campaign.
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(2) The appropriation in Subsection (1):
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(a) is the only appropriation that may be made for fiscal year 2000-01 in connection with
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the statewide tobacco prevention, reduction, and control program created by Section
63-97-102
;
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and
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(b) shall come from funds deposited into the account before July 1, 2000.
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Section 3. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 11-30-99 10:48 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.