REPORT TITLE:
Tobacco Settlement $


DESCRIPTION:
Prohibits supplanting or diminishing of funds from Department of
Health budget because of tobacco settlement moneys; allows
nonprofit entity selected to administer the trust fund to expend
principal and interest of funds in tobacco prevention and control
trust fund; clarifies appropriation period.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HAWAII TOBACCO SETTLEMENT MONEYS. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 328L-4, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§328L-4[]]  Use of funds appropriated to the department.
 
 4 The department, immediately upon receipt of the thirty-five per
 
 5 cent of moneys appropriated pursuant to section 328L-2(b)(2)
 
 6 shall:
 
 7      (1)  Transfer up to ten per cent of the total moneys
 
 8           received by the State from tobacco settlement moneys to
 
 9           the department of human services for the children's
 
10           health insurance program; and
 
11      (2)  Expend the remainder of the moneys received by the
 
12           department for health promotion and disease prevention
 
13           programs, including but not limited to, maternal child
 
14           health and child development programs, promotion of
 
15           healthy lifestyles (including fitness, nutrition, and
 
16           tobacco control), and prevention oriented public health
 
17           programs[.]; provided that any expenditure by the
 
18           department shall not serve to supplant or diminish the
 
19           funding of programs by the State's general fund.
 

 
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 1      For purposes of paragraph (2), the director shall convene an
 
 2 advisory group that shall be separate from the tobacco prevention
 
 3 and control advisory board, to strategically plan the development
 
 4 and implementation of preventive systems to achieve measurable
 
 5 outcomes, and to make recommendations for the expenditure of
 
 6 these moneys.  The advisory group shall be composed of nine
 
 7 members with expertise in the programs under paragraph (2), and
 
 8 shall be selected at the discretion of the director."
 
 9      SECTION 2.  Section 328L-5, Hawaii Revised Statutes, is
 
10 amended by amending subsection (c) to read as follows:
 
11      "(c)  The entity selected under subsection (a) [shall] may
 
12 expend any portion of the moneys, including principal and
 
13 interest, from the Hawaii tobacco prevention and control trust
 
14 fund for tobacco prevention and control, including but not
 
15 limited to, reducing cigarette smoking and tobacco use among
 
16 youth and adults through education and enforcement activities,
 
17 and controlling and preventing chronic diseases where tobacco use
 
18 is a risk factor."
 
19      SECTION 3.  Act 304, Session Laws of Hawaii 1999, is amended
 
20 by amending section 6 to read as follows:
 
21      "SECTION 6.  There is appropriated out of the Hawaii tobacco
 
22 settlement special fund the sum of $5,055,665, or so much thereof
 
23 as may be necessary, for fiscal year [1999-2001,] 1999-2000, and
 

 
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 1 the sum of $13,506,527, or so much thereof as may be necessary,
 
 2 for fiscal year 2000-2001, to the department of health to be
 
 3 expended for the purposes specified in section   -4, Hawaii
 
 4 Revised Statutes.  The sums appropriated shall be expended by the
 
 5 department of health.
 
 6      Of the appropriation for fiscal years 1999-2000, up to the
 
 7 sum of $1,400,000, and for fiscal year 2000-2001, up to the sum
 
 8 of $3,859,000, shall be transferred to the department of human
 
 9 services to be expended for the children's health insurance
 
10 program; provided that the amount of moneys to be transferred
 
11 shall not exceed the amount of moneys needed by the childrens
 
12 health insurance program."
 
13      SECTION 4.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 5.  This Act shall take effect on July 1, 2000;
 
16 provided that section 3 shall take effect upon its approval.