Citations Affected: IC 4-12-1-14.3 ; IC 16-46-12.
Synopsis: Tobacco settlement money for rural health. Provides that
$8,000,000 of the money received by the state under the tobacco
settlement agreement between the state and tobacco companies shall
be transferred from the tobacco settlement fund to the Indiana tobacco
settlement rural health fund each year. Provides for the distribution of
$8,000,000 per year of tobacco settlement money for rural health
Effective: July 1, 2000.
January 10, 2000, read first time and referred to Committee on Rules and Legislative
A BILL FOR AN ACT to amend the Indiana Code concerning
health and to make an appropriation.
, AS ADDED BY P.L.273-1999,
SECTION 232, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 14.3. (a) There is hereby created
the tobacco settlement fund for the purpose of depositing money
received by the state from the master settlement agreement with the
United States' tobacco product manufacturers. 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 other public money is invested. Interest
that accrues from these investments shall be deposited in the fund.
Money in the fund at the end of the state fiscal year does not revert to
the state general fund.
(b) On the first business day in July each year, the treasurer of state shall transfer eight million dollars ($8,000,000) from the fund to the Indiana tobacco settlement rural health fund created by IC 16-46-12-5.
SECTION 2. IC 16-46-12 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]:
Chapter 12. Indiana Tobacco Settlement Rural Health Program
Sec. 1. The purpose of the Indiana tobacco settlement rural health program established by this chapter is to provide guidelines for the expenditure of a portion of the settlement money the state receives as a result of the November 1998 master settlement agreement between tobacco companies and the state of Indiana.
Sec. 2. As used in this chapter, "advisory commission" refers to the rural Indiana tobacco settlement advisory commission established by this chapter.
Sec. 3. As used in this chapter, "person" means an individual, a partnership, an association, a limited liability company, a corporation, an estate, a trust, or a governmental entity.
Sec. 4. As used in this chapter, "project" means an undertaking that:
(1) furthers the purposes of this chapter;
(2) is eligible to receive money from the fund; and
(3) is funded under this chapter.
Sec. 5. (a) The Indiana tobacco settlement rural health fund is established for the purpose of disbursing a portion of the tobacco settlement money as provided in this chapter. Money in the fund shall be dedicated to protect and promote adult and child health and local health departments in rural areas in Indiana.
(b) The state department of health shall administer 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 funds are invested. Interest that accrues from these investments shall be deposited in the fund.
(d) Transfers under IC 4-12-1-14.3 and any other appropriation made to the fund shall be credited to the fund at the beginning of the fiscal period for which the transfer or appropriation was made.
(e) The fund may accept donations to the fund. However, the fund may not accept a donation from a tobacco company or a subsidiary or parent of a tobacco company.
(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund or to any other fund.
Sec. 6. Money in the Indiana tobacco settlement rural health fund may be used only to encourage physicians and local health clinics to locate and expand in rural areas, particularly rural areas where there is an economic impact due to the loss of tobacco production. Allotments from this fund may not exceed eight million dollars ($8,000,000) in a state fiscal year.
Sec. 7. (a) The rural Indiana tobacco settlement advisory commission is established.
(b) The purpose of the advisory commission is to provide oversight, coordination, and advice to the general assembly, governor, and the state department of health regarding the Indiana tobacco settlement rural health fund money.
(c) The advisory commission consists of the following twelve (12) members:
(1) Six (6) members of the house of representatives, not more than three (3) of whom are from the same political party, appointed by the speaker of the house of representatives.
(2) Six (6) members of the senate, not more than three (3) of whom are from the same political party, appointed by the president pro tempore of the senate.
(d) The chairman of the legislative council shall annually appoint the chairperson of the advisory commission from among the members of the commission.
(e) The advisory commission shall meet at least annually and at the call of the chairperson of the advisory commission.
(f) Seven (7) members of the advisory commission constitute a quorum. The affirmative votes of seven (7) of the members of the advisory commission are necessary for the advisory commission to take any action.
(g) The term of a member appointed to the advisory commission begins on the later of the following:
(1) The day the term of the member who the individual is appointed to succeed expires.
(2) The day the individual is appointed.
(h) The term of a member expires July 1 of the year after the member is appointed. However, a member serves at the pleasure of the appointing authority. The appointing authority may reappoint a member for a new term. The appointing authority that appointed a member shall appoint an individual to fill a vacancy.
(i) Each member of the advisory commission is entitled to the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.
(j) The advisory commission shall, before October 15 of each year, prepare a report concerning the projects funded under this chapter. The advisory commission shall distribute the report to the legislative council and governor.
Sec. 8. The following procedure must be followed before the budget agency may allot money under this chapter:
(1) After January 1 and March 1 each year, the state department of health may submit to the advisory commission and the budget agency a written proposal for each project to be funded by an allotment requested for the following state fiscal year.
(2) The budget agency shall review the proposals before August 1 of that state fiscal year. The budget agency may, after review by the budget committee, approve, reject, or modify then approve a project.
The budget agency may not approve a project after August 31 of a state fiscal year. A project that is not approved before September 1 is considered rejected for that state fiscal year. A rejected project must be proposed again before it may be approved during a subsequent state fiscal year. Money may not be allotted during a state fiscal year for a project not approved by the budget agency before September 1 of that state fiscal year.
Sec. 9. There is appropriated to the state department of health eight million dollars ($8,000,000) from the Indiana tobacco settlement rural health fund for use in funding projects as provided in section 6 of this chapter for each state fiscal year beginning July 1, 2000, through June 30, 2024.