Tobacco Documents Online

PRIVILEGED AND CONFIDENTIAL Version t Draft - April 27,1999 I An Act to create a Youth Smoking Prevention Fund to receive moneys paid to the 2 state under the Master Settlement Agreement with the tobacco manufacturers, to 3 establish a Youth Smoking Prevention Advisory Commission and to provide for grants for 4 effective youth smoking prevention programs. 5 6 Sec. 1. Definitions. 7 (a) "Fund" means the Youth Smoking Prevention Fund established pursuant to 8 this Act. 9 (b) "Master Settlement Agreement" means the tobacco settlement agreement 10 entered into by [state] and 45 other states and participating tobacco manufacturers dated 11 November 23, 1998, under which [state] is to receive settlement funds from the tobacco 12 manufacturers. 13 (c) "Commission" means the Youth Smoking Prevention Advisory Commission 14 established pursuant to this Act to develop a State Plan for Youth Smoking Prevention 15 and to make recommendations for the award of grants from the Fund for the purpose of 16 reducing the consumption of cigarettes by minors. [The Commission shall be a part of 17 the [Department of HealthBducation] for administrative purposes.) 18 (d) "State Plan" means the State Plan for Youth Smoking Prevention adopted 19 pursuant to this Act. 20 (e) "Grantee" means any public entity or private nonprofit entity approved by the 21 [Department of Health/Education], after recommendation by the Youth Smoking 22 Prevention Advisory Commission, to receive moneys from the Fund for qualified youth 23 smoking prevention programs. 205730v4

1 (A) focuses on communication styles found to be effective in preventing or 2 reducing youth smoking, such as peer to peer communication, depicting no 3 smoking as the youth norm, conveying negative images of youth smoking, 4 celebrating youths who choose not to smoke, and giving credit to youths for being 5 able to make good decisions; 6 (5) is operated by trained staff; and 7 (6) provides for sound management and periodic evaluation of program 8 progress and effectiveness; 9 (g) State and local government [departments and agencies] shall be eligible for 10 grants provided pursuant to this Act. The [Department of Health/Education] or [other 11 state or local agencies] may be awarded a grant only if it is recommended by a super 12 majority of at least [ ] of the voting members of the Commission. 13 Sec. 6. Award of Grants.-On or before [date] each year, the [Department of 14 Health/Education] shall announce the award of grants for the next fiscal year. Any funds 15 appropriated for qualified youth smoking prevention programs not expended in any fiscal 16 year shall be retained in the Fund and available for qualified youth smoking prevention 17 programs in any following year. 18 Sec. 7. Reports. 19 (a) As a condition to the receipt of funds under this Act, a grantee shall agree to 20 file a report with the (Department of Health/Education], on or before the [date] day after 21 the end of the fiscal year for which the grant was awarded, as to the following: 22 (1) amount received as a grant and the expenditures made with the 23 proceeds of the grant; -8-

1 Health/Education]. No portion of the salaries of such employees shall be reimbursable 2 from the Fund. 3 Sec. 4. State Plan for Youth Smoking Prevention. 4 (a) On or before [date], the Commission shall propose a State Plan for Youth 5 Smoking Prevention. On or before [date] of each subsequent year, the Commission may 6 propose amendments to the plan. The Commission shall submit its proposed State Plan 7 or any proposed amendments thereto to the Governor, [the assembly/Senate], [the 8 Secretary of the Department of Health/Education], [and the Attorney General]. The 9 Governor, members of the state legislature, and the Secretary of the Department of 10 Health/Education may submit comments to the Commission on the State Plan on or 11 before [date] and may submit comments to the Commission on its proposed amendments 12 to the State Plan on or before [date] of each subsequent year. On or before [date], the 13 Commission shall adopt a final State Plan and shall make such plan public. On or before 14 [date] of each subsequent year, the Commission shall adopt any amendments to the State 15 Plan and shall make such amended State Plan public. 16 (b) The State Plan shall goverrt the criteria by which grant proposals are 17 considered by the Commission. Such plan shall describe the types of youth smoking 18 prevention programs that shall be eligible for consideration for grants from the Fund. 19 Such eligible programs shall include, but not be limited to- 20 (1) media campaigns directed to youth; 21 (2) school-based education programs; 22 (3) community-based youth programs involving cigarette use prevention 23 through general youth development; and

1 provides for sound management and periodic evaluation of program progress and 2 effectiveness. 3 (e) Consideration shall be given to whether a grant application for a school-based 4 education program- 5 (1) will be operated by instructors certified by [state teaching license or 6 social worker alternative] who have completed [] hours of training in youth 7 smoking prevention [and/or] other relevant training in youth social or 8 psychological counseling; 9 (2) includes life skills training; 10 (3) includes the development of decision-making and social skills; 11 (4) involves sustained efforts related to the same youth; 12 (5) is interact:ive with the target youth; and 13 (6) provides for sound management and periodic evaluation of program 14 progress and effectiveness. 15 (f) Consideration sha ll be given to whether a grant application for a community 16 based program- 17 (1) involves activities that will be conducted in locations that are safe and 18 accessible to the targeted youth, and involve a comprehensive mix of services and 19 structured activities (such as sports, art, computer and other training); 20 (2) involves the participation in the program of adults, as models or 21 mentors; 0 4 22 (3) involves parents guardians or family members of the targeted youth; ~ , O X).

1 (2) a description of the program offered and the number of youths who 2 participated in the program; and 3 (3) specific elements of the program meeting the criteria set forth under 4 this Act. 5 (b) Any grantee failing to timely file the report required under this section shall be 6 subject to the jurisdiction of the [state AG] for repayment of the fu11 amounts of the grant 7 expended. 8 (c) The [Deparhnenl: of Health/Education (alternative: Office of [Grant Review] 9 in the Department of Health/Education)] shall review and evaluate the reports of grantees 10 required under this section and shall report [to the state house/assembly, senate, and 11 Governor] on or before [date] of each year on the status of the Fund and the activities of 12 the Fund for the fiscal year most recently ended. The report shall include the beginning 13 and ending balance of the Fund for each fiscal year, payments or gifts received by the 14 fund, income earned and expenditures made, the name of the recipient and amount of 15 each grant made, the criteria used to award each grant, and whether the program 16 implemented by each grantee met the criteria. The report shall be publicly available 17 immediately upon its filing.

1 (1) "Qualified Youth Smoking Prevention Program" means a program that meets 2 the criteria set forth in this Act for an effective youth smoking prevention program and 3 the terms of the State Plan for Youth Smoking Prevention. 4 Sec. 2. Establishment of Youth Smoking Prevention Fund. 5 (a) There is established in the [Department of the Treasury] a Youth Smoking 6 Prevention Fund. The fund shall consist of [25 percent] of all moneys received by the 7 state under the Master Settlement Agreement [and/or other settlement agreement], and all 8 other moneys, including gifts, grants or other funds, designated for the Fund. All interest 9 derived from the deposit and investment of moneys in the Fund shall be credited to the 10 Fund. 11 (b) The Fund shall be administered by the [Department of Health/Education] 12 pursuant to this Act. 13 (c) All moneys in the Fund shall be subject to annual appropriations by the [state 14 legislature] for [such purposes as are authorized herein] and shall be available for the 15 award of grants for effective youth smoking prevention programs and related 16 administrative costs of the Youth Smoking Prevention Advisory Commission. 17 Sec. 3. Establishment of Youth Smoking Prevention Advisory Commission. 18 (a) There is established a [state] Youth Smoking Prevention Advisory 19 Commission, which shall adopt a State Plan for Youth Smoking Prevention and make 20 recommendations for the award of grants from the Fund for effective youth smoking 21 prevention programs. 22 (b) The Commission shall consist of [] voting members, of which [] shall be 23 appointed by the [leader of the houselassembly], [] shall be appointed by the [leader of

1 (4 ^^F^rcement and administration of sections [provisions of state law , 2 related to the prevention of cigarette sales to minors] and related retail compliance 3 efforts. 4 (c) The State Plan shall provide that no less than - percent of the dollar value of 5 the grants awarded in each year shall be dedicated to programs described in subsections 6 (b)(2) and (b)(3). 7 (d) The State Plan further shall provide for a grant for an annual statewide school 8 based survey to measure cigarette use and behaviors towards cigarette use by individuals 9 in grades 9-12. Such survey shall- 10 (1) not require parental consent; 11 (2) involve a statistically valid sample of the individuals in each grade 9- 12 12; 13 (3) not include any individual who is [18] years of age or older; 14 (4) include results that are made available to the public prior to [date] of 15 each year. 16 (e) The State Plan shall provide than no more than _ percent of the fund shall be 17 expended on the administrative costs of the Commission. 18 (f) The development and adoption of the State Plan shall not be subject to the 19 notice and comment provisions of the [State Administrative Procedures Act]. 20 Sec. 5. Criteria for the Award of Grants. 21 (a) The Commission shall meet at least [] times a year to review applications for 22 grants for youth smoking prevention programs. On or before [date] of each year, 23 beginning in [year], the Commission shall make final recommendations to the

1 the senate], and [] shall be appointed by the Governor. [Insert title of one or more state 2 officials who have responsibility for administering the Fund or other relevant 3 responsibility for state departments or agencies that have major roles related to youth 4 smoking prevention] shall be ex officio members of the Commission. Members of the 5 Commission shall be residents of the state and shall be selected for their knowledge, 6 competence, experience or interest in youth smoking prevention, or other relevant 7 background, including, but not limited to, youth education, public health, social science 8 and business expertise. Members of the Commission shall serve for two-year terms and 9 may be reappointed without limitation on total number of terms. 10 (c) The Commission shall be convened by the Governor for its first meeting no 11 later than [date]. A chairperson and vice chairperson of the Commission shall be elected 12 by a majority vote of its voting members and shall serve at the pleasure of the majority of 13 the voting members of the Commission. Meetings of the Commission shall be at the call 14 of the chairperson. The chairperson, or in the chairperson's absence, the vice 15 chairperson, shall preside over meetings of the Commission. 16 (d) The Commission shall have an Executive Director, who shall be appointed by 17 the [Governor] and approved by a majority vote of the voting members of the 18 Commission. The salary of the Executive Director and travel and per diem expenses of 19 the Commission members when attending Commission meetings shall be paid for from 20 the Fund. From time to time as necessary to support its activities, the Commission may 21 request from the [Department of Health/Education] the assignment of not to exceed [] 22 staff and support personnel who are full-time employees of the [Department of

I [Department of Health/Education] for the award of grants to qua'.ified grantees for the 2 next fiscal year. No recommendation may be forwarded to [the Department] without the 3 approval of the vote of a majority of the Commission. To the extent practicable and 4 consistent with the criteria for qualified grantees set forth below, the Commission shall 5 make recommendations for the expenditure of the total amount of funds appropriated in 6 each fiscal year for qualified youth smoking prevention programs. 7 (b) An applicant for a grant for a qualified youth smoking prevention program 8 must file an application with the [Department] no later than [date] of the year preceding 9 the fiscal year for which the grant is requested. The [Department] shall forward all 10 applications to the Commission for review and may not award a grant without the 11 recommendation of a majority vote of the Commission, as provided in this Act. 12 (c) An applicant that requests funding to initiate, continue or expand a youth 13 smoking prevention program shall demonstrate, by means of application, letters of 14 recommendation, and [] that the proposed youth smoking prevention program for which 15 it seeks funds meets the criteria set forth in the State Plan. Previous grant recipients shall 16 include recent evaluations of their programs with their applications. The Commission 17 may not recommend the award of a grant unless it makes a specific finding, as to each 18 applicant, that the program proposed to be funded meets the criteria set forth in the State 19 Plan. 20 (d) Consideration shall be given to whether a grant application for a media 21 campaign meets the criteria established by the United States Centers for Disease Control 22 for an effective media campaign to prevent underage consumption of cigarettes, and -6-