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First Substitute H.B. 293
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5 AN ACT RELATING TO STATE AFFAIRS IN GENERAL; IMPOSING APPLICATION AND
6 CONTRACT REQUIREMENTS ON PRIVATE AND PUBLIC TOBACCO PREVENTION,
7 CESSATION, AND CONTROL PROGRAMS; REQUIRING THE LEGISLATURE TO
8 EVALUATE PROGRAMS; AUTHORIZING THE ATTORNEY GENERAL TO RECOVER
9 FUND REPAYMENTS; S [
9a COORDINATION CLAUSE s .
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 ENACTS:
12 63-97-103, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 63-97-103 is enacted to read:
15 63-97-103. Requirements for tobacco prevention, S REDUCTION s cessation, and
15a control programs.
16 (1) To be eligible to receive funding under this chapter for a tobacco prevention
16a S REDUCTION, s , cessation,
17 or control program, an organization, whether private, governmental, or quasi-governmental, shall:
18 (a) submit a request to the S [
18a following information:
19 (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate sound
20 management and periodic evaluation of the campaign's relevance to the intended audience,
21 particularly in campaigns directed toward youth, including audience awareness of the campaign
22 and recollection of the main message;
23 (ii) for school-based education programs to prevent and reduce youth smoking, the request
24 shall describe how the program will be effective in preventing and reducing youth smoking;
25 (iii) for community-based programs to prevent and reduce smoking, the request shall
26 demonstrate that the proposed program:
27 (A) has a comprehensive strategy with a clear mission and goals;
28 (B) provides for committed, caring, and professional leadership; and
29 (C) if directed toward youth:
30 (I) offers h [
31 (II) is culturally sensitive, inclusive, and diverse;
32 (III) involves youth in the planning, delivery, and evaluation of services that affect them;
33 and
34 (IV) offers a positive focus that is inclusive of all youth; and
35 (iv) for enforcement, control, and compliance program, the request shall demonstrate that
36 the proposed program can reasonably be expected to reduce the extent to which tobacco products
37 are available to individuals under the age of 19;
38 (b) agree, by contract, to file an annual written report with the S [
39 31 and as otherwise requested by the Legislature
39a contain the following:
40 (i) the amount funded;
41 (ii) the amount expended;
42 (iii) a description of the program or campaign and the number of adults and youth who
43 participated;
44 (iv) specific elements of the program or campaign meeting the applicable criteria set forth
45 in Subsection (1)(a); and
46 (v) a statement concerning the success and effectiveness of the program or campaign;
47 (c) agree, by contract, to not use any funds h [
47a1 CHAPTER, h h directly
47a or indirectly, to:
48 (i) engage in any lobbying or political activity, including the support of, or opposition to,
49 candidates, ballot questions, referenda, or similar activities; or
50 (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor h , EXCEPT
50a TO ENFORCE:
50b (A) THE PROVISIONS OF THE MASTER SETTLEMENT AGREEMENT;
50c (B) TITLE 26, CHAPTER 38, UTAH CLEAN AIR ACT; S [
50d (C) TITLE 26, CHAPTER 42, CIVIL PENALTIES FOR TOBACCO SALES TO UNDERAGED
50e PERSONS h ; and
50f S (D) TITLE 77, CHAPTER 39, SALE OF TOBACCO AND ALCOHOL TO UNDERAGED PERSONS, IN AN
50g AMOUNT NOT TO EXCEED THE STATE-LEVEL OF FUNDING IN FISCAL YEAR 1999-2000 FOR
50h ENFORCEMENT OF TITLE 77, CHAPTER 39; AND s
51 (d) agree, by contract, to repay the funds provided under this chapter if the organization:
52 (i) fails to file a timely report as required by Subsection (1)(b); or
53 (ii) uses any portion of the funds in violation of Subsection (1)(c).
54 (2) The S [
54a and effectiveness of any program
55 or campaign that receives funding h PURSUANT TO A REQUEST SUBMITTED h under Subsection
55a (1). The review and evaluation:
56 (a) shall include a comparison of annual smoking trends;
57 (b) may be conducted by an independent evaluator; and
58 (c) may be paid for by funds appropriated from the account for that purpose.
58a S (3) THE DEPARTMENT OF HEALTH SHALL ANNUALLY REPORT TO THE HEALTH AND HUMAN
58b SERVICES APPROPRIATIONS SUBCOMMITTEE ON THE REVIEWS CONDUCTED PURSUANT TO
58c SUBSECTION (2). s
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60 Subsection (1) shall:
61 (a) repay the state as provided in Subsection (1)(d); and
62 (b) be disqualified from receiving funds under this chapter in any subsequent fiscal year.
63 S [
64 repaid to the state under this section.
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64b APPLYING TO FUNDS THAT ARE NOT APPROPRIATED UNDER THIS CHAPTER . h
65 Section 2. Effective date.
66 This act takes effect on July 1, 2000.
66a S SECTION 3. COORDINATION CLAUSE.
66b IF THIS BILL AND 3rd SUB. S.B. 15, USE OF TOBACCO SETTLEMENT REVENUES, BOTH PASS,
66c IT IS THE INTENT OF THE LEGISLATURE THAT SECTION 63-97-103 IN THIS BILL BE RENUMBERED
66d AS SECTION 63-97-401. s
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