CHAPTER 62
HB 1594-FN - FINAL VERSION
23march00.....3969-EBA
2000 SESSION
HOUSE BILL 1594-FN
AN ACT relative to the allocation of moneys in the tobacco use prevention fund.
SPONSORS: Rep. Flora, Hills 15; Rep. Lozeau, Hills 30; Rep. Nordgren, Graf 10; Rep. Emerton, Hills 7; Rep. Akins, Graf 14; Sen. Squires, Dist 12; Rep. Larsen, Dist 15; Sen. Disnard, Dist 8; Sen. Fernald, Dist 11; Sen. Russman, Dist 19
COMMITTEE: Health, Human Services and Elderly Affairs
This bill sets forth the allocation of the moneys in the tobacco use prevention fund established in RSA 126-K:15. The bill also establishes an advisory committee to advise the department of health and human services on the criteria for the expenditure of the moneys in the fund.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23march00.....3969-EBA
00-2162
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to the allocation of moneys in the tobacco use prevention fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
62:1 Subdivision Heading Amended. Amend the subdivision heading preceding RSA 126-K:15 to read as follows:
Tobacco Use Prevention Fund and Tobacco Control Program
62:2 Funding Evaluation. RSA 126-K:15, VI is repealed and reenacted to read as follows:
VI. Evaluation of tobacco control initiatives.
62:3 New Sections; Definitions; Grants; Advisory Committee. Amend RSA 126-K by inserting after section 15 the following new sections:
126-K:16 Definitions. In this subdivision:
I. "Commissioner" means the commissioner of the department of health and human services.
II. "Department" means the department of health and human services.
III. "Fund" means the tobacco use prevention fund established in RSA 126-K:15.
126-K:17 Purpose of Grants; Grants Process. Grants shall be available in accordance with the following procedures:
I. Requests for funding consideration in any given year shall be forwarded to the commissioner by January 1 to be reviewed for a grant beginning in the following fiscal year.
II. The commissioner shall review all requests and recommend awards, including amounts and duration. The commissioner shall submit recommendations to the governor and executive council for approval.
III. Additional requests may be considered throughout the year if funds are available. The commissioner shall forward recommendations to the governor and council for approval.
126-K:18 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, necessary for the administration of this subdivision.
126-K:19 Advisory Committee.
I. There is hereby established a tobacco use advisory committee to advise the department on the criteria for the expenditure of funds available from the fund.
II. The committee shall include members as follows:
(a) A member of the senate, appointed by the senate president.
(b) A member of the house of representatives, appointed by the speaker of the house.
(c) The commissioner of health and human services, or designee.
(d) The commissioner of the department of education, or designee.
(e) One representative appointed by the liquor commission.
(f) Three public members, appointed by the governor.
(g) The following members shall be appointed by the commissioner:
(1) One representative of the New Hampshire Public Health Association.
(2) One representative of the New England affiliate of the American Heart Association.
(3) One representative of the American Lung Association of New Hampshire.
(4) One representative of the New Hampshire division of the American Cancer Society.
(5) One representative of the New Hampshire Medical Society.
(6) One representative of a community law enforcement agency.
(7) One representative of the New Hampshire Hospital Association.
(8) Two representatives of the Smoke Free New Hampshire Alliance, of which one shall be a minor and one shall be a community coalition member.
(9) One representative of the Norris Cotton Cancer Center.
III. The members of the committee shall serve 3-year terms; provided that the initial terms of office shall be as follows: the members in subparagraphs II(e), (g)(3), (g)(5), and (g)(8) shall serve for one year; the members in subparagraphs II (g)(1), (g)(4), and (g)(9) shall serve for 2 years; and the members in subparagraphs (g)(2), (g)(6), and (g)(7) shall serve for 3 years. The other members in subparagraphs II(a)-(d) shall serve terms which are coterminous with their terms in office. One of the members in subparagraph II(f) shall serve for one year, one shall serve for 2 years; and one shall serve for 3 years.
IV. The members shall elect annually from among their number a chairperson. A member shall hold office until a successor has been appointed and qualified.
V. Legislative members of the committee shall receive mileage for the performance of their duties under this section.
62:4 Allocation of Moneys in the Tobacco Use Prevention Fund.
I. For the biennium ending June 30, 2001, moneys in the tobacco use prevention fund established by RSA 126-K:15 shall be allocated as follows:
Community-Based Programs
Prevention Programs $1,250,000
School-Based Programs $ 250,000
Cessation programs (including Quit Line) $ 100,000
Statewide (Other) Efforts
Counter-Marketing $ 700,000
Enforcement $ 100,000
Surveillance & Evaluation $ 300,000
Administration & Management $ 150,000
II. For the purposes of paragraph I:
(a) "Prevention program" means statewide and community initiatives coordinated to reduce the appeal of, access to, and the initiation of tobacco use by youth, incorporating the 9 critical components of the Centers for Disease Control's (CDC) Best Practices For Comprehensive Tobacco Control Programs.
(b) "School-based program" means educational and community collaborative programs offered in the school setting to prevent the initiation of tobacco use among students of all ages.
(c) "Cessation" means a medically based intervention designed to eliminate an individual's use of tobacco through a clinical evaluation, behavioral counseling, and the prescription of pharmaceuticals to assist in nicotine withdrawal.
(d) "Counter-marketing" means advertising that promotes smoking cessation and is meant to decrease the likelihood of initiation of tobacco use by youth and influence public support for tobacco control programs.
(e) "Enforcement" means any and all activity to ensure compliance with regulations and law which restrict the use and promotion of tobacco products.
(f) "Surveillance and evaluation" means the monitoring by scientific methods of tobacco-related behaviors, attitudes, and health outcomes at regular intervals of time.
(g) "Administration and management" means the management and coordination of the program's components among all of the participating state and community partners.
III. Moneys allocated to cessation programs under paragraph I shall not be used for persons whose insurance coverage pays for such programs.
62:5 Effective Date. This act shall take effect 60 days after its passage.
(Approved: April 17, 2000)
(Effective Date: June 16, 2000)
LBAO
00-2162
12/17/99
HB 1594-FN - FISCAL NOTE
AN ACT relative to the allocation of moneys in the tobacco use prevention fund.
FISCAL IMPACT:
The Department of Health and Human Service states this bill will increase state expenditures by $3,000,000 in fiscal year 2001 and in each year thereafter. There will be no impact on state, county and local revenue or county and local expenditures.
METHODOLOGY:
The Department assumes an effective date of July 1, 2000, and has indicated that four additional full-time positions, one part-time position, and associated equipment and operating expenses will be necessary to implement this bill. A full-time Program Specialist III (LG 22) will draft rules, prepare request for grant proposals and Governor and Council requests, review grant applications, score grant proposals and manage grants. A part-time (3/4 FTE) Promotion Advisor (LG22) will draft technical content of RFPs and educate school and community based groups. An Administrator I (LG 26) will oversee administrative responsibilities. An Assistant State Epidemiologist (LG 22) will evaluate trends in tobacco use and guide future program activities. A Statistician II (LG 18) will provide analysis of data and statistical reports. The Department states contractual funds will be used to acquire technical expertise required to conduct polls, perform survey work, design surveillance tools.
FY 2001 FY 2002 FY 2003 FY 2004
Salaries $ 150,686 $ 156,224 $ 161,897 $ 167,981
Benefits 36,900 38,085 39,305 40,624
Current Expenses 37,013 37,409 35,961 32,186
Equipment 8,000 2,100 0 0
Travel 11,550 11,550 11,550 11,550
Contracts 1,655,851 1,654,632 1,651,287 1,647,659
Community Grants 1,100,000 1,100,000 1,100,000 1,100,000
Totals $3,000,000 $3,000,000 $3,000,000 $3,000,000