Bill Text: HI SB2604 | 2010 | Regular Session | Amended
Bill Title: Hawaii Tobacco Settlement Special Fund
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2010-03-03 - (H) Referred to HLT, FIN, referral sheet 35 [SB2604 Detail]
Download: Hawaii-2010-SB2604-Amended.html
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THE SENATE |
S.B. NO. |
2604 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII TOBACCO SETTLEMENT SPECIAL FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 328L-4, Hawaii Revised Statutes, is amended to read as follows:
"§328L-4 Use of funds appropriated to the department. The department, immediately upon receipt of the moneys appropriated pursuant to section 328L-2(b)(2) shall:
(1) Transfer up to ten per cent of the total moneys received by the State from tobacco settlement moneys to the department of human services for the children's health insurance program; and
(2) Expend the remainder of the moneys received by the department for health promotion and disease prevention programs, including but not limited to, maternal child health and child development programs, promotion of healthy lifestyles (including fitness, nutrition, and tobacco control), and prevention oriented public health programs.
[For purposes of paragraph (2), the director
shall convene an advisory group that shall be separate from the tobacco
prevention and control advisory board, to strategically plan the development
and implementation of preventive systems to achieve measurable outcomes and to
make recommendations for the expenditure of these moneys. The advisory group
shall be composed of nine members with expertise in the programs under
paragraph (2), and shall be selected at the discretion of the director.]"
SECTION 2. Section 328L-5, Hawaii Revised Statutes, is amended to read as follows:
"§328L-5 Hawaii tobacco prevention and control trust fund. (a) There is established the Hawaii tobacco prevention and control trust fund as a separate fund of a nonprofit entity having a board of directors and qualifying under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, into which shall be deposited moneys received as provided under section 328L-2(b)(3). The director of health with the concurrence of the governor, shall select, in accordance with law, the entity based upon the proven record of accomplishment of the entity in administering a similar trust fund.
(b) Notwithstanding that the Hawaii tobacco prevention and control trust fund is established within a private entity, the department of budget and finance shall have oversight authority over the fund and may make periodic financial audits of the fund; provided that the director of finance may contract with a certified public accountancy firm for this purpose. The director of health with the concurrence of the governor in their sole discretion may rescind the selection of the entity. If the selection of the entity [is] rescinded, moneys in the trust fund shall revert back to the State and shall be deemed to be trust moneys.
(c) The entity selected under subsection (a), for each fiscal year, may expend, as specified by the tobacco prevention and control advisory board pursuant to section 328L-6, up to fifty per cent of the total market value of the Hawaii tobacco prevention and control trust fund on the preceding June 30, for tobacco prevention and control, including but not limited to, reducing cigarette smoking and tobacco use among youth and adults through education and enforcement activities, and controlling and preventing chronic diseases where tobacco is a risk factor. The entity selected under subsection (a) may make recommendations to the tobacco prevention and control advisory board as to funding approval for activities pursuant to this subsection.
(d) The Hawaii tobacco prevention and control trust fund may receive appropriations, contributions, grants, endowments, or gifts in cash or otherwise from any source, including the State, corporations or other businesses, foundations, government, individuals, and other interested parties; provided that any appropriations made by the State shall not supplant or diminish the funding of existing tobacco prevention and control programs or any health related programs funded in whole or in part by the State.
(e) The assets of the Hawaii tobacco prevention and control trust fund shall consist of:
(1) Moneys appropriated under section 328L-2(b)(3);
(2) Moneys appropriated to the Hawaii tobacco prevention and control trust fund by the state, county, or federal government;
(3) Private contributions of cash or property; and
(4) Income and capital gains earned by the trust fund.
(f) The aggregate principal sum deposited in the Hawaii tobacco prevention and control trust fund shall be invested by the entity selected under subsection (a) in a manner intended to maximize the rate of return on investment of the trust fund consistent with the objective of preserving the trust fund's principal.
(g) The entity selected under subsection (a), for each fiscal year, shall submit a report to the legislature and to the tobacco prevention and control advisory board created under section 328L-6. The report shall include:
(1) Amounts received from appropriations, contributions, grants, endowments, and gifts from any sources and in any form;
(2) Income and capital gains earned by the fund;
(3) Investments of fund moneys and outcomes of each investment; and
(4) Expenditures of fund moneys pursuant to subsection (c) and outcomes achieved by each expenditure as measured by criteria developed by the tobacco prevention and control advisory board pursuant to section 328L-6.
[(g)] (h) If the entity selected
under subsection (a) is dissolved, the director of health, with the concurrence
of the governor, shall select a successor entity. If the Hawaii tobacco
prevention and control trust fund is terminated, the moneys remaining in the
trust fund shall revert back to the State and shall be deemed to be trust
moneys.
[(h)] (i) The administration of
the Hawaii tobacco prevention and control trust fund shall be advised by the
tobacco prevention and control advisory board created under section
328L-6."
SECTION 3. Section 328L-6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§328L-6[]] Tobacco
prevention and control advisory board. (a) There is established a tobacco
prevention and control advisory board under the department for administrative
purposes.
(b) The tobacco prevention and control advisory board shall consist of members who are involved in tobacco prevention and control. Membership of the board shall be as follows:
[(1) One member of the governor's staff,
appointed by the governor;
(2)] (1) One member to be appointed by
the governor from a list of two names submitted by the president of the senate;
[(3)] (2) One member to be appointed by
the governor from a list of two names submitted by the speaker of the house of
representatives;
[(4)] (3) The director or the director's
designee;
[(5)] (4) The superintendent of
education or the superintendent's designee;
[(6)] (5) Three members having
demonstrated interest in and having backgrounds beneficial to controlling and
preventing the use of tobacco, appointed [by the director of health;] by
the governor from a list of at least four names submitted by the speaker of the
house of representatives; and
[(7)] (6) Three members representing
populations at risk for tobacco use, appointed [by the governor.] by
the governor from a list of at least four names submitted by the president of
the senate;
provided that no member of the tobacco prevention and control advisory board, except as specified in paragraph (3) of this subsection, shall be an employee or contractor of the department who performs work in an area within the purview of the tobacco prevention and control advisory board.
(c) Members shall:
(1) Be appointed or designated, as applicable, without regard to section 26-34;
(2) Serve without compensation; and
(3) Serve for a term of three years.
(d) The tobacco prevention and control advisory board, in collaboration with the department, shall develop a strategic plan for tobacco prevention and control, including:
(1) Developing and implementing effective and cost efficient programs, including health promotion and disease prevention;
(2) Developing adequate standards and benchmarks by
which [measures of program success] the success of programs
implemented under paragraph (1) of this subsection and tobacco
prevention and control activities implemented pursuant to section 328L-5(c)
may be appropriately evaluated; [and]
(3) Assessing the effectiveness of programs [engaged
in] implemented under this section and section 328L-5(c) for the purpose
of health promotion and disease prevention[.];
(4) Establishing criteria for expenditures under section 328L-5(c); and
(5) Approving or disapproving and determining the amount of expenditures for activities under section 328L‑5(c).
The strategic plan shall be in writing and shall be a public document.
(e) The tobacco prevention and control advisory board shall advise the department on the administration of the Hawaii tobacco prevention and control trust fund. This advice shall be considered prescriptive."
SECTION 4. Act 119, Session Laws of Hawaii 2009, is amended by amending section 6 to read as follows:
"SECTION 6. This Act shall take effect on
July 1, 2009, and shall be repealed on June 30, 2015; provided that [section]
sections 328L-2, [Hawaii Revised Statutes] 328L-3, and 328L-4,
Hawaii Revised Statutes, shall be reenacted in the form in which [it]
they read on the day before the effective date of Act 264, Session Laws
of Hawaii 2007[.]; provided further that the amendments made to
section 328L-4, Hawaii Revised Statutes, by section 1 of Act
, Session Laws of Hawaii 2010, shall not be
repealed when that section is reenacted on June 30, 2015."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect July 1, 2010.
Report Title:
Hawaii Tobacco Settlement Special Fund
Description:
Deletes the requirement that the director of health convene an advisory group to plan the development and implementation of prevention programs and make recommendations on expenditures. Transfers the responsibilities of the advisory group to the tobacco prevention and control advisory board. Amends composition of the tobacco prevention and control advisory board and makes the boards decisions prescriptive. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
