REPORT TITLE:
Tobacco Settlement 

DESCRIPTION:
Provides funds received by DOH from the Tobacco Settlement for
health promotion and disease prevention programs shall not
supplant or diminish the funding of existing tobacco prevention
and control programs or any health related programs; specifies
other expenditures by the DOH; makes appropriations.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2277
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
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:

 1      SECTION 1.  Section 328L-2, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[]]§328L-2[]]  Hawaii tobacco settlement special fund.(a)
 
 4 There is established in the state treasury the Hawaii tobacco
 
 5 settlement special fund into which shall be deposited:
 
 6      (1)  All tobacco settlement moneys; and
 
 7      (2)  All interest and earnings accruing from the investment
 
 8           of moneys in the fund.
 
 9 The Hawaii tobacco settlement special fund shall be administered
 
10 by the department.
 
11      (b)  The fund shall be used for the purpose of receiving and
 
12 appropriating the tobacco settlement moneys as follows:
 
13      (1)  Forty per cent shall be [appropriated] transferred into
 
14           the emergency and budget reserve fund under section
 
15           328L-3;
 
16      (2)  Thirty-five per cent shall be [appropriated]
 
17           transferred to the department for purpose of section
 
18           328L-4; and
 
19      (3)  Twenty-five per cent shall be [appropriated]
 
20           transferred into the Hawaii tobacco prevention and
 

 
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 1           control trust fund under section 328L-5.
 
 2      (c)  Notwithstanding any law or administrative procedure to
 
 3 the contrary, transfers made from the Hawaii tobacco settlement
 
 4 special fund to the emergency budget and reserve fund, department
 
 5 of health tobacco special fund, and Hawaii tobacco prevention and
 
 6 control trust fund for purposes of subsection (b) may be made
 
 7 without an appropriation act or budget proviso; provided that the
 
 8 transfer into each of the funds is in the same percentage as
 
 9 specified in subsection (b)."
 
10      SECTION 2.  Section 328L-4, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "[[]§328L-4[]  Use of funds appropriated to the department.]
 
13 Department of health tobacco special fund.  (a)  There is
 
14 established the department of health tobacco special fund.
 
15 Tobacco settlement moneys transferred under section 328L-2 to the
 
16 department shall be deposited into the department of health
 
17 tobacco special fund.
 
18      (b)  The department, immediately upon receipt of the thirty-
 
19 five per cent of moneys appropriated pursuant to section
 
20 328L-2(b)(2) shall:
 
21      (1)  Transfer up to ten per cent of the total moneys
 
22           received by the State from tobacco settlement moneys to
 
23           the department of human services for the children's
 

 
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 1           health insurance program; and
 
 2      (2)  Expend, pursuant to legislative appropriations, the
 
 3           remainder of the moneys received by the department for
 
 4           health promotion and disease prevention programs,
 
 5           including but not limited to, maternal and child health
 
 6           and child development programs, youth programs,
 
 7           prevention of child abuse and neglect, early childhood
 
 8           education and care, substance abuse prevention and
 
 9           treatment services, and adult dental services;
 
10           promotion of healthy lifestyles (including fitness,
 
11           nutrition, and tobacco control)[,]; and prevention
 
12           oriented public health programs[.]; provided that the
 
13           moneys received or expended under this paragraph shall
 
14           not supplant or diminish the funding of any existing
 
15           programs funded in whole or in part by the State.
 
16      (c)  For purposes of [paragraph (2),] subsection (b)(2), the
 
17 director shall convene an advisory group that shall be separate
 
18 from the tobacco prevention and control advisory board, to
 
19 strategically plan the development and implementation of
 
20 preventive systems to achieve measurable outcomes and to make
 
21 recommendations for the expenditure of these moneys.  The
 
22 advisory group shall be composed of nine members with expertise
 
23 in the programs under [paragraph (2),] subsection (b)(2), and
 

 
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 1 shall be selected at the discretion of the director.
 
 2      (d)  If tobacco settlement moneys are less than anticipated
 
 3 in a fiscal year so as not to be sufficient to meet legislative
 
 4 appropriation amounts designated for programs specified under
 
 5 subsection (b)(2), the department shall expend available moneys
 
 6 otherwise appropriated for each program in the proportionate
 
 7 amount that the program bears to the total amount of all
 
 8 appropriations for all of those programs, without necessity of
 
 9 legislative approval."
 
10      SECTION 3.  Section 328L-5, Hawaii Revised Statutes, is
 
11 amended by amending subsection (f) to read as follows:
 
12      "(f)  The aggregate principal sum deposited in the Hawaii
 
13 tobacco prevention and control trust fund shall be invested by
 
14 the entity selected under subsection (a) in a manner intended to
 
15 maximize the rate of return on investment of the trust fund
 
16 consistent with the objective of preserving the trust fund's
 
17 principal.  The entity may expend any portion of the Hawaii
 
18 tobacco prevention and control trust fund to implement the
 
19 tobacco prevention and control strategic plan as developed by the
 
20 tobacco prevention and control advisory board under section
 
21 328L-6."
 
22      SECTION 4.  Act 304, Session Laws of Hawaii 1999, is amended
 
23 as follows:
 

 
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 1      1.  By amending section 5 to read:
 
 2      "SECTION 5.  There is appropriated out of the Hawaii tobacco
 
 3 settlement special fund the sum of $5,777,903, or so much thereof
 
 4 as may be necessary, for fiscal year 1999-2000, and the sum of
 
 5 [$15,436,031,] $30,164,159, or so much thereof as may be
 
 6 necessary, for fiscal year 2000-2001, to be deposited into the
 
 7 the emergency and budget reserve fund."
 
 8      2.  By amending section 6 to read:
 
 9      "SECTION 6.  There is appropriated out of the Hawaii tobacco
 
10 settlement special fund the sum of $5,055,665, or so much thereof
 
11 as may be necessary, for fiscal year [1999-2001,] 1999-2000, and
 
12 the sum of [$13,506,527,] $27,000,000, or so much thereof as may
 
13 be necessary, for fiscal year 2000-2001, to the department of
 
14 health to be expended for the purposes specified in section   -4,
 
15 Hawaii Revised Statutes.  The sums appropriated shall be
 
16 [expended by the department of health.] deposited into the
 
17 department of health tobacco special fund.
 
18      Of the appropriation for fiscal years 1999-2000, up to the
 
19 sum of $1,400,000, and for fiscal year 2000-2001, up to the sum
 
20 of [$3,859,000,] $7,541,390, shall be transferred to the
 
21 department of human services to be expended for the children's
 
22 health insurance program; provided that the amount of moneys to
 
23 be transferred shall not exceed the amount of moneys needed by
 

 
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 1 the childrens health insurance program."
 
 2      3.  By amending section 7 to read:
 
 3      "SECTION 7.  There is appropriated out of the Hawaii tobacco
 
 4 settlement special fund the sum of $3,611,189, or so much thereof
 
 5 as may be necessary, for fiscal year 1999-2000, and the sum of
 
 6 [$9,647,519,] $19,047,519, or so much thereof as may be
 
 7 necessary, for fiscal year 2000-2001, to be deposited into the
 
 8 Hawaii tobacco prevention and control trust fund."
 
 9      SECTION 5.  There is appropriated out of the department of
 
10 health tobacco special fund the sum of $400,000, or so much
 
11 thereof as may be necessary, for each of fiscal year 2000-2001,
 
12 for incarcerated inmates in transitional programs, and
 
13 $1,300,000, or so much thereof as may be necessary for fiscal
 
14 year 2000-2001, for substance abuse treatment for parolees.
 
15      The sums appropriated shall be expended by the department of
 
16 public safety.
 
17      SECTION 6.  There is appropriated out of the department of
 
18 health tobacco special fund the sum of $1,500,000, or so much
 
19 thereof as may be necessary, for fiscal year 2000-2001, for
 
20 substance abuse treatment for probationers.
 
21      The sum appropriated shall be expended by the judiciary.
 
22      SECTION 7.  There is appropriated out of the department of
 
23 health tobacco special fund the sum of $3,608,360, or so much
 

 
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 1 thereof as may be necessary, for fiscal year 2000-2001, for
 
 2 expenditure on the healthy start program.
 
 3      The sum appropriated shall be expended by the department of
 
 4 health.
 
 5      SECTION 8.  There is appropriated out of the department of
 
 6 health tobacco special fund the sum of $4,994,013, or so much
 
 7 thereof as may be necessary, for fiscal year 2000-2001, for
 
 8 expenditure on adolescent substance abuse prevention and
 
 9 treatment, and substance abuse prevention and treatment for child
 
10 protective services families.
 
11      The sum appropriated shall be expended by the department of
 
12 health.
 
13      SECTION 9.  There is appropriated out of the department of
 
14 health tobacco special fund the sum of $500,000, or so much
 
15 thereof as may be necessary, for fiscal year 2000-2001, for
 
16 expenditure on the Hawaii children's trust fund.
 
17      The sum appropriated shall be expended by the department of
 
18 health.
 
19      SECTION 10.  There is appropriated out of the department of
 
20 health tobacco special fund the sum of $150,000, or so much
 
21 thereof as may be necessary, for fiscal year 2000-2001, for
 
22 expenditure on the Good Beginnings Alliance.
 
23      The sum appropriated shall be expended by the department of
 

 
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 1 health.
 
 2      SECTION 11.  There is appropriated out of the department of
 
 3 health tobacco special fund the sum of $750,000, or so much
 
 4 thereof as may be necessary, for fiscal year 2000-2001, for
 
 5 expenditure on school based health centers.
 
 6      The sum appropriated shall be expended by the department of
 
 7 health.
 
 8      SECTION 12.  There is appropriated out of the department of
 
 9 health tobacco special fund the sum of $675,000, or so much
 
10 thereof as may be necessary, for fiscal year 2000-2001, for
 
11 expenditure on adult dental services for the developmentally
 
12 disabled.
 
13      The sum appropriated shall be expended by the department of
 
14 health.
 
15      SECTION 13.  There is appropriated out of the department of
 
16 health tobacco special fund the sum of $1,771,529, or so much
 
17 thereof as may be necessary, for fiscal year 2000-2001, for
 
18 expenditure on adult dental services fee for service program, to
 
19 be matched by federal Medicaid funds.
 
20      The sum appropriated shall be expended by the department of
 
21 human services.
 
22      SECTION 14.  There is appropriated out of the department of
 
23 health tobacco special fund the sum of $420,161, or so much
 

 
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 1 thereof as may be necessary, for fiscal year 2000-2001, for
 
 2 expenditure on the neighborhood places and blueprint for change
 
 3 programs.
 
 4      The sum appropriated shall be expended by the department of
 
 5 health.
 
 6      SECTION 15.  There is appropriated out of the department of
 
 7 health tobacco special fund the sum of $4,000,000, or so much
 
 8 thereof as may be necessary, for fiscal year 2000-2001, for
 
 9 expenditure on the healthy Hawaii initiative.
 
10      The sum appropriated shall be expended by the department of
 
11 health. 
 
12      SECTION 16.  Notwithstanding any law to the contrary, the
 
13 appropriations under this Act shall not be expended for any other
 
14 purpose than as specified in the applicable appropriation.
 
15      SECTION 17.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 18.  This Act shall take effect on July 1, 2000.