MR. PRESIDENT:
The Senate Committee on Finance, to which was referred House Bill No. 1312, has had the
same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 1; (00)CR131202.1. -->
Page 1, delete lines 1 through 17.
Delete page 2.
Page 3, delete lines 1 through 6.
Page 3, line 9, delete "(a) As used in this section,".
Page 3, delete lines 10 through 11.
Page 3, line 12, delete "(b)" and insert " (a)".
Page 3, line 14, delete "(c)" and insert " (b)".
Page 3, line 14, after "created the" insert " Indiana".
Page 3, line 14, after "tobacco" insert " master".
Page 3, line 14, after "settlement" insert " agreement".
Page 3, line 15, after "depositing" insert " and distributing money
received under the master settlement agreement. The fund consists
of:
(1) all".
Page 3, line 15, strike "from" and insert " under".
Page 3, line 16, after "agreement" delete "." and insert ";".
Page 3, line 17, after "manufacturers." begin a new line block
indented and insert:
" (2) appropriations made to the fund by the general assembly;
and
(3) grants, gifts, and donations intended for deposit in the
fund.
(c) Money may be expended, transferred, or distributed from
the fund during a state fiscal year only in amounts permitted by
subsections (d) through (f), and only if the expenditures, transfers,
or distributions are specifically authorized by another statute.
(d) The maximum amount of expenditures, transfers, or
distributions that may be made from the fund during the state
fiscal year beginning July 1, 2000, is equal to the amount
appropriated by P.L.273-1999, SECTION 8, for that state fiscal
year to the children's health insurance program from funds
accruing to the state from the tobacco settlement.
(e) The maximum amount of expenditures, transfers, or
distributions that may be made from the fund during the state
fiscal year beginning July 1, 2001, is determined under STEP
THREE of the following formula:
STEP ONE: Determine the sum of the money received or to
be received by the state under the master settlement
agreement during the calendar years beginning January 1,
1999, January 1, 2000, and January 1, 2001.
STEP TWO: Subtract from the STEP ONE sum the sum of
the amounts appropriated by P.L.273-1999, SECTION 8, to
the children's health insurance program for the state fiscal
years beginning July 1, 1999, and July 1, 2000.
STEP THREE: Multiply the STEP TWO remainder by fifty
percent (50%).
(f) The maximum amount of expenditures, transfers, or
distributions that may be made from the fund during the state
fiscal year beginning July 1, 2002, and each state fiscal year after
that is equal to fifty percent (50%) of the money received or to be
received by the state under the master settlement agreement
during the calendar year in which the state fiscal year begins.
(g) The following amounts shall be retained in the fund and may
not be expended, transferred, or otherwise distributed from the
fund:
(1) All of the money that is received by the state under the
master settlement agreement and remains in the fund after
the expenditures, transfers, or distributions permitted under
subsections (c) through (f).
term in the same manner as the original appointment. A vacancy
with respect to a member appointed under subsection (a)(3) shall
be filled in the same manner as the original appointment.
(g) The governor shall designate a member to serve as
chairperson of the board. The board shall annually elect one (1) of
its ex officio members as vice chairperson and may elect any other
officer that the board desires.
(h) The governor may remove a member appointed under
subsection (a)(2) for misfeasance, malfeasance, willful neglect of
duty, or other cause after notice and a public hearing, unless the
member expressly waives the notice and hearing in writing. The
governor may remove a member appointed under subsection (a)(3)
upon the recommendation of the organization that made the
original recommendation for appointment of the member.
Sec. 8. (a) An appointed member of the board who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1
(b). Each appointed member is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties.
(b) An ex officio member of the board is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties.
Sec. 9. The board may:
(1) employ an executive director, who is not a member of the
board; and
(2) delegate necessary and appropriate functions and
authority to the executive director.
Sec. 10. (a) Ten (10) members of the board constitute a quorum
for:
(1) the transaction of business at a meeting of the board; or
(2) the exercise of a power or function of the authority.
(b) The affirmative vote of a majority of all the members of the
board is necessary for the authority to take action. A vacancy in
the membership of the board does not impair the right of a quorum
to exercise all the rights and perform all the duties of the authority.
(c) The board shall meet at the call of the chairperson and as
provided in the bylaws of the authority.
Sec. 11. (a) The authority is a public agency for purposes of
IC 5-14-1.5
and
IC 5-14-3.
(b) The board is a governing body for purposes of
IC 5-14-1.5.
Sec. 12. In addition to any other power granted by this chapter,
the board may:
(1) adopt an official seal and alter the seal at its pleasure;
(2) adopt and periodically amend and repeal bylaws for the
regulation of its affairs and the conduct of its business and
prescribe rules and policies in connection with the
performance of its functions and duties;
(3) accept gifts, devises, bequests, grants, loans,
appropriations, revenue sharing, other financing and
assistance, and any other aid from any source and agree to
and comply with conditions attached to that aid;
(4) make, execute, and effectuate any and all contracts,
agreements, or other documents with any governmental
agency or any person, corporation, limited liability company,
association, partnership, or other organization or entity
necessary or convenient to accomplish the purposes of this
chapter, including contracts for the provision of all or any
portion of the services the board considers necessary for the
management and operations of the authority, including all
funds of the authority;
(5) recommend legislation to the governor and general
assembly;
(6) sue and be sued; and
(7) do any and all acts and things necessary, proper, or
convenient to carry out this article.
Sec. 13. (a) The Indiana tobacco use prevention and cessation
trust fund is established. The board may expend money from the
fund and make grants from the fund to implement the long range
state plan established under section 14 of this chapter. General
operating, administrative, and capital expenses of the authority are
also payable from the fund.
(b) The fund consists of:
(1) amounts, if any, that another statute requires to be
distributed to the fund from the Indiana tobacco master
settlement agreement fund;
(2) appropriations to the fund from other sources;
and any other appropriate state or federal agency.
Sec. 15. A public or private entity or an individual may submit
an application to the board for a grant from the fund. Each
application must be in writing and contain the following
information:
(1) A clear objective to be achieved with the grant.
(2) A plan for implementation of the specific program.
(3) A statement of the manner in which the proposed program
will further the goals of the board's mission statement and
long range state plan.
(4) The amount of the grant requested.
(5) An evaluation and assessment component to determine the
program's performance.
(6) Any other information required by the board.
The board may adopt written guidelines to establish procedures,
forms, additional evaluation criteria, and application deadlines.
Sec. 16. The expenditure of state funds (other than a grant
awarded under this chapter) for a program concerning prevention
or reduction of tobacco usage that is operated by a state agency or
a public or private entity is subject to the approval of the board.
The state agency or public or private entity shall submit a
description of the proposed expenditure to the board for the
board's review and approval. The description submitted under this
section must include the following:
(1) The objective to be achieved through the expenditure.
(2) The plan for implementation of the expenditure.
(3) The extent to which the expenditure will supplement or
duplicate existing expenditures of other state agencies, public
or private entities, or the authority.
Sec. 17. The authority shall prepare an annual financial report
and an annual report concerning the authority's activities under
this chapter and promptly transmit the annual reports to the
governor and the general assembly. The authority shall make the
annual reports available to the public upon request.
Sec. 18. Before the board awards any grants under this chapter
or otherwise expends any money from the fund, the:
(1) chairperson;
(2) vice chairperson;
settlement agreement fund;
(2) appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the
fund; and
(4) interest that accrues from money in the fund.
(b) The fund shall be administered by the budget agency. The
treasurer of state shall invest the money in the fund not currently
needed to meet the obligations of the fund in the same manner as
public money is invested under IC 5-13. Money in the fund at the
end of the state fiscal year does not revert to the state general fund.
Sec. 4. Subject to appropriation by the general assembly, review
by the budget committee, and approval by the budget agency, the
treasurer of state shall distribute money from the fund to public or
private entities or individuals for the implementation of programs
concerning one (1) or more of the following purposes:
(1) Enforcement of laws concerning sales of tobacco to youth
and use of tobacco by youth.
(2) The children's health insurance program established
under IC 12-17.6.
(3) Cancer detection tests.
(4) Cancer education programs.
(5) Medical assistance to low income individuals whose health
has been affected by tobacco use.
(6) Clinics providing vaccinations against communicable
diseases, with an emphasis on service to youth and the elderly.
(7) Clinics providing health care services and preventive
measures that address the special health care needs of
minorities (as defined in
IC 16-46-6-2
).
(8) Clinics providing health care services and preventive
measures in rural areas.
(9) Other purposes recommended by the Indiana health care
trust fund advisory board established by section 5 of this
chapter.
However, money in the fund may not be used to pay any costs
related to the construction, expansion, repair, or renovation of
facilities or infrastructure.
Sec. 5. (a) The Indiana health care trust fund advisory board is
established. The advisory board shall meet at least quarterly and
at the call of the chairperson to make recommendations to the
governor, the budget agency, and the general assembly concerning
the priorities for appropriation and distribution of money from the
fund.
(b) The advisory board consists of the following:
(1) The following three (3) ex officio members:
(A) The director of the budget agency or the director's
designee.
(B) The commissioner of the state department of health or
the commissioner's designee.
(C) The secretary of family and social services or the
secretary's designee.
(2) Two (2) members of the senate, who may not be members
of the same political party, appointed by the president pro
tempore of the senate.
(3) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house.
(4) A member of a local board of health (as defined in
IC 16-46-1-7
) appointed by the governor.
(5) A member appointed by the governor upon the
recommendation of the Indiana State Medical Association.
(6) A member appointed by the governor who has knowledge
and experience in the special health needs of minorities.
(7) A representative of the Indiana health care association
appointed by the governor.
(c) The term of office of a legislative member of the advisory
board is four (4) years. However, a legislative member of the
advisory board ceases to be a member of the advisory board if the
member:
(1) is no longer a member of the chamber from which the
member was appointed; or
(2) is removed from the advisory board under subsection (d).
(d) A legislative member of the advisory board may be removed
at any time by the appointing authority who appointed the
legislative member.
(e) The term of office of a member of the advisory board
appointed under subsection (b)(4) through (b)(7) is four (4) years.
However, these members serve at the pleasure of the governor and
may be removed for any reason.
(f) If a vacancy exists on the advisory board with respect to a
legislative member or the members appointed under subsection
(b)(4) through (b)(7), the appointing authority who appointed the
former member whose position has become vacant shall appoint an
individual to fill the vacancy for the balance of the unexpired term.
(g) The budget director shall serve as chairperson of the
advisory board.
(h) Six (6) members of the advisory board constitute a quorum
for the transaction of business at a meeting of the advisory board.
The affirmative vote of at least six (6) members of the advisory
board is necessary for the advisory board to take action.
(i) Each member of the advisory board who is not a state
employee is not entitled to the minimum salary per diem provided
by
IC 4-10-11-2.1
(b). The member is, however, entitled to
reimbursement for traveling expenses as provided under
IC 4-13-1-4
and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(j) Each member of the advisory board who is a state employee
but who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under
IC 4-13-1-4
and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(k) Each member of the advisory board who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be
paid from appropriations made to the legislative council or the
legislative services agency.
Sec. 6. Appropriations and distributions from the fund under
this chapter are in addition to and not in place of other
appropriations or distributions made for the same purpose.
1, 2001]:
Chapter 7. Indiana Local Health Department Trust Fund
Sec. 1. As used in this chapter, "fund" refers to the Indiana local
health department trust fund established by section 4 of this
chapter.
Sec. 2. As used in this chapter, "local board of health" means
the board of a:
(1) county health department established under
IC 16-20-2
;
(2) multiple county health department established under
IC 16-20-3
;
(3) city health department established under
IC 16-20-4
; or
(4) health and hospital corporation established under
IC 16-22-8.
Sec. 3. As used in this chapter, "master settlement agreement"
has the meaning set forth in
IC 24-3-3-6.
Sec. 4. (a) The Indiana local health department trust fund is
established for the purpose of making distributions to each county
to provide funding for services provided by local boards of health
in that county. The fund consists of:
(1) money required to be distributed to the fund under
subsection (b);
(2) additional amounts, if any, that another statute requires to
be distributed to the fund from the Indiana tobacco master
settlement agreement fund;
(3) appropriations to the fund from other sources;
(4) grants, gifts, and donations intended for deposit in the
fund; and
(5) interest that accrues from money in the fund.
(b) Six million nine hundred thousand dollars ($6,900,000) of the
money received by the state under the master settlement
agreement during each calendar year beginning on or after
January 1, 2001, shall be distributed to the fund from the Indiana
tobacco master settlement agreement fund.
(c) The fund shall be administered by the budget agency. The
treasurer of state shall invest the money in the fund not currently
needed to meet the obligations of the fund in the same manner as
public money is invested under IC 5-13. Money in the fund at the
end of the state fiscal year does not revert to the state general fund.
Sec. 5. (a) Subject to subsection (b) and subject to review by the
budget committee and approval by the budget agency, on July 1 of
each year the treasurer of state shall distribute money from the
fund to each county in the amount determined under STEP FOUR
of the following formula:
STEP ONE: Determine the amount of money, if any, available
for distribution from the fund.
STEP TWO: Subtract nine hundred twenty thousand dollars
($920,000) from the amount determined under STEP ONE.
STEP THREE: Multiply the STEP TWO remainder by a
fraction. The numerator of the fraction is the population of
the county. The denominator of the fraction is the population
of the state.
STEP FOUR: Add ten thousand dollars ($10,000) to the STEP
THREE product.
(b) If less than nine hundred twenty thousand dollars ($920,000)
is available for distribution from the fund on July 1 of any year,
the amount of the distribution from the fund to each county is
determined under STEP 2 of the following formula.
STEP ONE: Determine the amount of money, if any, available
for distribution from the fund.
STEP TWO: Multiply the STEP ONE amount by a fraction.
The numerator of the fraction is the population of the county.
The denominator of the fraction is the population of the state.
Sec. 6. If only one (1) local board of health exists in a county, the
county fiscal body shall appropriate all distributions received by
the county under this chapter to that local board of health. If more
than one (1) local board of health exists in a county, the county
fiscal body shall appropriate all distributions received by the
county under this chapter to those local boards of health in
amounts determined by the county fiscal body.
Sec. 7. In using money distributed under this chapter, a local
board of health shall give priority to:
(1) programs that share common goals with the mission
statement and long range state plan established by the
Indiana tobacco use prevention and cessation authority;
(2) preventive health measures; and
(3) support for medical clinics that treat low income persons
and the elderly.
Sec. 8. Appropriations and distributions from the fund under
this chapter are in addition to and not in place of other
appropriations or distributions made for the same purpose.
Sec. 9. Money in the fund is annually appropriated for the
purposes described in this chapter.
SOURCE: IC 4-12-9; (00)CR131202.6. -->
SECTION 6.
IC 4-12-9
IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Chapter 9. Indiana Elderly Well Being Trust Fund
Sec. 1. As used in this chapter, "fund" refers to the Indiana
elderly well being trust fund established by section 2 of this
chapter.
Sec. 2. (a) The Indiana elderly well being trust fund is
established for the purpose of promoting the health and welfare of
Indiana's elderly citizens. The fund consists of:
(1) amounts, if any, that another statute requires to be
distributed to the fund from the Indiana tobacco master
settlement agreement fund;
(2) appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the
fund; and
(4) interest that accrues from money in the fund.
(b) The fund shall be administered by the budget agency. The
treasurer of state shall invest the money in the fund not currently
needed to meet the obligations of the fund in the same manner as
public money is invested under IC 5-13. Money in the fund at the
end of the state fiscal year does not revert to the state general fund.
Sec. 3. Subject to appropriation by the general assembly, review
by the budget committee, and approval by the budget agency, the
treasurer of state shall distribute money from the fund to public or
private entities or individuals for the implementation of programs
to provide services to Indiana's elderly citizens with respect to
housing, employment, education and training, medical care, long
term care, preventive care, protective services, social services,
mental health, transportation, insurance, and other related
matters.
Sec. 4. Appropriations and distributions from the fund under
this chapter are in addition to and not in place of other
appropriations or distributions made for the same purpose.
SOURCE: IC 4-12-10; (00)CR131202.7. -->
SECTION 7.
IC 4-12-10
IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Chapter 10. Rural Community Impact Fund
Sec. 1. As used in this chapter, "fund" refers to the rural
community impact fund established by section 2 of this chapter.
Sec. 2. (a) The rural community impact fund is established. The
fund shall be administered by the commissioner of agriculture and
the department of commerce. The fund consists of:
(1) amounts, if any, that another statute requires to be
distributed to the fund from the Indiana tobacco master
settlement agreement fund;
(2) appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the
fund; and
(4) interest that accrues from money in the fund.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) Money in the fund at the end of the state fiscal year does not
revert to the state general fund.
Sec. 3. (a) Subject to subsection (b), money in the fund shall be
used for the following purposes:
(1) To develop new agricultural enterprises in areas that were
used for tobacco production, including facilities for research
and development, new market opportunities, educational
programs, leadership developmental programs, and direct
financial assistance.
(2) Assistance to rural communities that suffer a negative
economic impact from the loss of tobacco production.
(b) Expenditures from the fund are subject to appropriation by
the general assembly, review by the budget committee, and
approval by the budget agency. In addition, the commissioner of
agriculture shall approve expenditures for projects under
subsection (a)(1), and the department of commerce shall approve
money for projects under subsection (a)(2).
SOURCE: ; (00)CR131202.8. -->
SECTION 8. [EFFECTIVE JULY 1, 2000] (a) All money
remaining in the tobacco settlement fund on June 30, 2000, shall be
transferred to the Indiana tobacco master settlement agreement
fund established by
IC 4-12-1-14.3
, as amended by this act, on July
1, 2000.
(b) Notwithstanding P.L.273-1999 or
IC 4-12-1-14.3
, as
amended by this act, the appropriations made by P.L.273-1999,
SECTION 8, for the state fiscal year beginning July 1, 2000, for
CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP)
ASSISTANCE and CHILDREN'S HEALTH INSURANCE
PROGRAM (CHIP) ADMINISTRATION are payable from the
Indiana tobacco master settlement agreement fund established by
IC 4-12-1-14.3
, as amended by this act.
(c) This SECTION expires July 1, 2002.
SOURCE: ; (00)CR131202.9. -->
SECTION 9. [EFFECTIVE APRIL 1, 2000] (a) Notwithstanding
IC 4-12-4-7
, as added by this act, the initial terms of office of the
eleven (11) members appointed by the governor to the board of
directors of the Indiana tobacco use prevention and cessation
authority under
IC 4-12-4-7
(a)(2), as added by this act, are as
follows:
(1) Three (3) members for a term of two (2) years.
(2) Four (4) members for a term of three (3) years.
(3) Four (4) members for a term of four (4) years.
(b) The initial terms begin April 1, 2000.
(c) This SECTION expires July 1, 2005.".
Delete pages 4 through 21.
and when so amended that said bill do pass.
Committee Vote: Yeas 12, Nays 3.
Borst
CR131202/DI 44 2000