DAVIS (63) (Co-sponsors), CURLS, GEORGE, KREIDER, FRANKLIN, HOLLINGSWORTH, SHELTON,
BRITT, SKAGGS, GRATZ, LUETKENHAUS, GRAHAM (24), CAMPBELL, BRAY, KOLLER, MONACO,
LIESE, KISSELL, HOSMER, TREADWAY, FORD, OVERSCHMIDT, DAVIS (122), DAYS,
HAGAN-HARRELL, McKENNA, SEIGFREID, AUER, ABEL AND WILSON (42).
Read 1st time January 18, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 196, RSMo, by adding thereto one new section relating to the tobacco settlement trust fund, with a contingent effective date for a certain subsection.
Section A. Chapter 196, RSMo, is amended by adding thereto one new section, to be known as section 196.1014, to read as follows:
196.1014. 1. Any moneys received by the state of Missouri as a result of any legal settlement or award related to tobacco-related products shall be deposited in a special trust fund to be known as the "Missouri Tobacco Settlement Trust Fund", which is hereby created in the state treasury.
2. Beginning with the 2002 budget year, moneys in the Missouri tobacco settlement trust fund shall be appropriated as follows:
(1) Eighteen percent of the moneys used solely for:
(a) Community programs to reduce tobacco use;
(b) Chronic disease programs to reduce the burden of tobacco-related diseases;
(c) School-based tobacco prevention programs that identify the social influences that promote tobacco use among youth and teach skills to reduce or delay adolescent smoking;
(d) Enforcement of state and local tobacco control policies;
(e) Statewide programs that provide technical assistance on evaluating local programs, promote media advocacy, implement smoke-free policies and reduce minors' access to tobacco;
(f) Counter-marketing activities that promote smoking cessation and decrease initiation of tobacco use;
(g) Cessation programs that assist youth and adult tobacco users in quitting; and
(h) A surveillance and evaluation system to monitor and document program accountability.
The department of mental health shall administer and oversee such programs. Appropriations for such programs shall generally follow the guidelines set forth in the Centers for Disease Control and Prevention's "Best Practices for Comprehensive Tobacco Control Programs" guide or its successor publication;
(2) Fifteen percent of the moneys used solely for a life science and biotech development program. The coordinating board for higher education shall administer and oversee such program, and shall provide grants to public and private university projects in cooperation with private biotech companies which promote and develop life science and biotech initiatives and research. The board shall establish a peer review process to develop, accept, evaluate and prioritize applications for the grants and present recommendations to the general assembly for appropriation;
(3) Thirty-seven percent of the moneys used for health care access. The first ten million dollars shall be used to facilitate health care access for persons in a high-risk category for the health insurance pool established in sections 376.960 to 376.989, RSMo. Any additional moneys shall be distributed to health care providers based on the following formula:
(a) Each provider's cost of the uninsured amount, as determined by the division of medical services in the department of social services, shall be divided by the statewide total of the cost of the uninsured to determine a provider-specific percentage of total statewide cost of the uninsured;
(b) The provider-specific percentage shall be multiplied by the amount of available moneys to be distributed each year to determine each provider's payment.
Each provider's cost of the uninsured shall be determined by the division of medical services in the department of social services when completing desk reviews of provider cost reports. The division may, by rule, require the submission of provider financial information necessary to make the calculation required;
(4) Ten percent of the moneys shall be deposited in the early childhood development, education and care fund established in section 313.835, RSMo; and
(5) Twenty percent of the moneys shall be transferred to the "Emergency Budget Reserve Fund", which is hereby created in the state treasury. Moneys in the emergency budget reserve fund shall not be appropriated without a two-thirds majority vote of the current sitting members of each house of the general assembly. Approval for appropriation of the moneys in the emergency budget reserve fund shall be determined through submission of a concurrent resolution containing the amount and specific uses of the moneys from such fund. Upon approval of the concurrent resolution by a two-thirds majority vote of the current sitting members of each house of the general assembly, such amount of moneys shall be available for appropriation for the approved specific purposes.
3. The state treasurer shall invest moneys in the Missouri tobacco settlement trust fund and the emergency budget reserve fund in the same manner as surplus state funds are invested pursuant to section 30.260, RSMo. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the trust funds shall not revert to the credit of the general revenue fund at the end of the biennium.
4. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536, RSMo.
5. The provisions of subsection 2 of this section shall become effective upon passage of a constitutional
amendment authorizing the use of tobacco settlement moneys.
Missouri House of Representatives