H.B. 54 Tobacco Amendments

Bill Sponsor:
Rep. Saunders, Carl R.
Floor Sponsor:

Sen. Knudson, Peter C.
  • Drafting Attorney: Cathy J. Dupont


  • Related Documents

    • Information
      • Last Action: 18 Mar 2002, Governor Signed
      • Last Location: Executive Branch - Lieutenant Governor
      • Effective Date: 6 May 2002
      • Session Law Chapter: 119


    H.B. 54


    Download Zipped Enrolled WP 9 HB0054.ZIP 5,467 Bytes
    [Introduced][Status][Bill Documents][Fiscal Note] [Bills Directory]

    H.B. 54 Enrolled

                     

    TOBACCO AMENDMENTS

                     
    2002 GENERAL SESSION

                     
    STATE OF UTAH

                     
    Sponsor: Carl R. Saunders

                      This act modifies provision related to tobacco. The act removes the limitation on money
                      spent enforcing the prohibition of tobacco sales to minors.
                      This act affects sections of Utah Code Annotated 1953 as follows:
                      AMENDS:
                          63-97-401, as enacted by Chapter 284, Laws of Utah 2000
                      Be it enacted by the Legislature of the state of Utah:
                          Section 1. Section 63-97-401 is amended to read:
                           63-97-401. Requirements for tobacco programs.
                          (1) To be eligible to receive funding under this chapter for a tobacco prevention, reduction,
                      cessation, or control program, an organization, whether private, governmental, or
                      quasi-governmental, shall:
                          (a) submit a request to the Department of Health containing the following information:
                          (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate sound
                      management and periodic evaluation of the campaign's relevance to the intended audience,
                      particularly in campaigns directed toward youth, including audience awareness of the campaign
                      and recollection of the main message;
                          (ii) for school-based education programs to prevent and reduce youth smoking, the request
                      shall describe how the program will be effective in preventing and reducing youth smoking;
                          (iii) for community-based programs to prevent and reduce smoking, the request shall
                      demonstrate that the proposed program:
                          (A) has a comprehensive strategy with a clear mission and goals;
                          (B) provides for committed, caring, and professional leadership; and
                          (C) if directed toward youth:
                          (I) offers youth-centered activities in youth accessible facilities;
                          (II) is culturally sensitive, inclusive, and diverse;


                          (III) involves youth in the planning, delivery, and evaluation of services that affect them; and
                          (IV) offers a positive focus that is inclusive of all youth; and
                          (iv) for enforcement, control, and compliance program, the request shall demonstrate that
                      the proposed program can reasonably be expected to reduce the extent to which tobacco products
                      are available to individuals under the age of 19;
                          (b) agree, by contract, to file an annual written report with the Department of Health. The
                      report shall contain the following:
                          (i) the amount funded;
                          (ii) the amount expended;
                          (iii) a description of the program or campaign and the number of adults and youth who
                      participated;
                          (iv) specific elements of the program or campaign meeting the applicable criteria set forth
                      in Subsection (1)(a); and
                          (v) a statement concerning the success and effectiveness of the program or campaign;
                          (c) agree, by contract, to not use any funds received under this chapter directly or indirectly,
                      to:
                          (i) engage in any lobbying or political activity, including the support of, or opposition to,
                      candidates, ballot questions, referenda, or similar activities; or
                          (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
                      enforce:
                          (A) the provisions of the Master Settlement Agreement;
                          (B) Title 26, Chapter 38, Utah Clean Air Act;
                          (C) Title 26, Chapter 42, Civil Penalties for Tobacco Sales to Underaged Persons; and
                          (D) Title 77, Chapter 39, Sale of Tobacco and Alcohol to Underaged Persons[, in an amount
                      not to exceed the state level of funding in fiscal year 1999-2000 for enforcement of Title 77, Chapter
                      39]; and
                          (d) agree, by contract, to repay the funds provided under this chapter if the organization:
                          (i) fails to file a timely report as required by Subsection (1)(b); or

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                          (ii) uses any portion of the funds in violation of Subsection (1)(c).
                          (2) The Department of Health shall review and evaluate the success and effectiveness of any
                      program or campaign that receives funding pursuant to a request submitted under Subsection (1).
                      The review and evaluation:
                          (a) shall include a comparison of annual smoking trends;
                          (b) may be conducted by an independent evaluator; and
                          (c) may be paid for by funds appropriated from the account for that purpose.
                          (3) The Department of Health shall annually report to the Health and Human Services
                      Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2).
                          (4) An organization that fails to comply with the contract requirements set forth in
                      Subsection (1) shall:
                          (a) repay the state as provided in Subsection (1)(d); and
                          (b) be disqualified from receiving funds under this chapter in any subsequent fiscal year.
                          (5) The attorney general shall be responsible for recovering funds that are required to be
                      repaid to the state under this section.
                          (6) Nothing in this section may be construed as applying to funds that are not appropriated
                      under this chapter.

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    [Bill Documents][Bills Directory]

    Bill Status / Votes
    • Senate Actions • House Actions • Fiscal Actions • Other Actions
    DateActionLocationVote
    1/7/2002 Bill Numbered but not Distributed Legislative Research and General Counsel
    1/7/2002 Numbered Bill Publicly Distributed Legislative Research and General Counsel
    1/8/2002 House/ received bill from Legislative Research House Docket Clerk
    1/15/2002 House/ received fiscal note from Fiscal Analyst Waiting for Introduction in the House
    1/21/2002 House/ 1st reading (Introduced) House Rules Committee
    1/21/2002 House/ under suspension of the rules House Rules Committee
    1/21/2002 House/ 2nd reading House 3rd Reading Calendar for House bills
    1/22/2002 House/ 3rd reading House 3rd Reading Calendar for House bills
    1/23/2002 House/ passed 3rd reading Senate Secretary67 0 8
    1/23/2002 House/ to Senate Senate Secretary
    1/23/2002 Senate/ received from House Waiting for Introduction in the Senate
    1/23/2002 Senate/ 1st reading (Introduced) Senate Rules Committee
    1/24/2002 Senate/ to standing committee Senate Health and Environment Committee
    1/29/2002 Senate Comm - Favorable Recommendation Senate Health and Environment Committee5 0 0
    1/30/2002 Senate/ committee report favorable Senate 2nd Reading Calendar
    1/30/2002 Senate/ placed on 2nd Reading Calendar Senate 2nd Reading Calendar
    1/31/2002 Senate/ 2nd reading Senate 2nd Reading Calendar
    1/31/2002 Senate/ passed 2nd reading Senate 3rd Reading Calendar22 1 6
    2/1/2002 Senate/ 3rd reading Senate 3rd Reading Calendar
    2/1/2002 Senate/ passed 3rd reading Senate President28 1 0
    2/1/2002 Senate/ signed by President/ returned to House House Speaker
    2/1/2002 House/ received from Senate House Speaker
    2/4/2002 House/ signed by Speaker/ sent for enrolling Legislative Research and General Counsel / Enrolling
    2/4/2002 Bill Received from House for Enrolling Legislative Research and General Counsel / Enrolling
    2/6/2002 Draft of Enrolled Bill Prepared Legislative Research and General Counsel / Enrolling
    3/13/2002 Enrolled Bill Returned to House or Senate Clerk of the House
    3/14/2002 House/ to Governor Executive Branch - Governor
    3/18/2002 Governor Signed Executive Branch - Lieutenant Governor