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COMMITTEE AMENDMENT ADOPTED
March 30, 2000
S. 894
S. Printed 3/30/00--S.
Read the first time June 3, 1999.
TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 128, SO AS TO ESTABLISH THE SOUTH CAROLINA YOUTH SMOKING PREVENTION COMMISSION AND FUND, TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, THE DISTRIBUTION OF MONIES RECEIVED BY THE COMMISSION, THE DEVELOPMENT OF A STATE PLAN FOR YOUTH SMOKING PREVENTION, AND THE TYPES OF QUALIFIED PROGRAMS ELIGIBLE FOR GRANTS FROM THE FUND; AND TO AMEND SECTION 1-30-110, RELATING TO VARIOUS ENTITIES INCORPORATED INTO THE OFFICE OF THE GOVERNOR, SO AS TO ADD THE YOUTH SMOKING PREVENTION COMMISSION IN THAT OFFICE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-128-10. As used in this chapter, unless the context clearly indicates otherwise:
(1) 'Commission' means the Youth Smoking Prevention Commission established pursuant to Section 44-128-20 to develop a State Plan for youth smoking prevention and to award grants from the fund for the purpose of reducing the consumption of cigarettes by minors.
(2) 'Fund' means the Youth Smoking Prevention Fund established pursuant to Section 44-128-50.
(3) 'Grantee' means a public entity or private nonprofit entity approved by the commission to receive monies from the fund for Qualified Youth Smoking Prevention Programs.
(4) 'Master Settlement Agreement' means the settlement agreement and related documents between the State and leading United States tobacco product manufacturers dated November 23, 1998.
(5) 'Qualified Youth Smoking Prevention Program' means a program that meets the criteria set forth in the State Plan for Youth Smoking Prevention.
(6) 'State Plan' means the State Plan for Youth Smoking Prevention adopted pursuant to Section 44-128-60.
Section 44-128-20. (A) There is established in the Office of the Governor the South Carolina Youth Smoking Prevention Commission. The commission is vested with all of the politic and corporate powers as provided in this chapter. The commission shall adopt a State Plan for Youth Smoking Prevention and shall award grants from the fund. The commission has only the powers enumerated in Section 44-128-30.
(B) Notwithstanding the provisions of Section 8-13-770, the membership of the commission is as follows:
(1) two members appointed by the Speaker of the House of Representatives from the membership of the House of Representatives;
(2) two members appointed by the President Pro Tempore of the Senate from the membership of the Senate; and
(3) thirteen members appointed by the Governor subject to confirmation by the Senate, as follows:
(a) three designated representatives of public health agencies;
(b) three health professionals;
(c) two youths between the ages of twelve and eighteen; and
(d) five citizens of the State with knowledge, competence, experience, or interest in youth smoking prevention, or other relevant background including, but not limited to, youth education, public health, social science, and business expertise.
(C) Members serve for a term of two years and until their successors are appointed and qualify. A vacancy on the commission must be filled in the same manner as the original appointment for the remainder of the unexpired term. All members listed in subsection (B) are voting members. All members must be residents of the State.
(D) The Governor shall convene the commission's first meeting by March 15, 2000, and its members of the commission shall elect a chairman and vice chairman. A majority of members of the commission serving at any one time constitute a quorum for the transaction of business.
(E) Members of the commission serve without pay but are allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions.
(F) Members of the commission and its employees of the foundation are subject to the provisions of the Ethics, Government Accountability and Campaign Reform Act, Chapter 13 of Title 8 of the 1976 Code and the Lobbyist Reform Act, Chapter 17 of Title 2 of the 1976 Code.
Section 44-128-30. The commission is granted all powers necessary or appropriate to carry out and effectuate its corporate purposes including, without limitation, the following:
(1) adopt and use an official seal;
(2) have succession until dissolved by the General Assembly, in which event title to the properties of the commission, both real and personal, insofar as consistent with existing contractual obligations and subject to all other legally enforceable claims or demands by or against the commission, must pass to and become vested in the State;
(3) maintain its office in Columbia;
(4) accept, hold, and administer any monies appropriated or distributed to the commission and other money, securities, or other property appropriated, given, or bequeathed to the commission, absolutely or in trust, for the purposes for which the commission is created;
(5) distribute the monies in the fund to entities in accordance with the State Plan;
(6) make and execute contracts and all other instruments and agreements necessary or convenient for the exercise of its powers and functions;
(7) appoint and prescribe the duties of officers, agents, employees, advisors, and consultants as are necessary to carry out its functions, and to fix and pay compensation to them for their services as the commission determines;
(8) make bylaws for the management and regulations of its affairs;
(9) receive and accept aid, grants, contributions, and cooperation of any kind from any source for the purposes of this chapter subject to the conditions, acceptable to the commission, upon which the aid, grants, contributions, and cooperation may be made;
(10) invest its funds as provided in this chapter or permitted by applicable law; and
(11) do any lawful act necessary or appropriate to carry out the powers granted or reasonably implied, including use of any lawful act necessary or appropriate to recover payments wrongfully made from the fund.
Section 44-128-40. The commission is authorized to employ a director who serves at the pleasure of the commission. The director administers, manages, and directs the affairs and business of the commission in accordance with the provisions of this chapter, subject to the commission's control. The commission may employ technical experts and other officers, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation. The commission may delegate to one or more of its agents or employees the administrative duties as it considers proper. The actual expenses incurred in the performance of these duties shall be paid from the fund.
Section 44-128-50. (A) The commission shall create and administer a fund to be known as the South Carolina Youth Smoking Prevention Fund. The fund shall consist of monies received by the State under the Master Settlement Agreement for the purpose of the prevention of youth smoking and all other monies, including appropriations, gifts, grants, or other funds, designated for the fund. All interest derived from the deposit and investment of monies in the fund must be credited to the fund.
(B) All monies in the fund are subject to annual appropriations by the General Assembly for the purposes described in this chapter and are available for the award of grants for qualified Youth Smoking Prevention programs and the administrative costs of the commission.
(C) Monies from the fund must not be used to engage in political activity or lobbying including, but not limited to, support of or opposition to candidates, ballot questions, referenda, or similar activities.
Section 44-128-60. (A) On or before June 30, 2000, the commission shall propose a State Plan for Youth Smoking Prevention. On or before June thirtieth of each subsequent year the commission may propose amendments to the plan. The commission shall submit its proposed State Plan or any proposed amendments to it to the Governor, the General Assembly, the Department of Health and Human Services, the Department of Health and Environmental Control, and the Attorney General. The Governor, the General Assembly, the named departments, and the Attorney General may submit comments to the commission on the proposed State Plan on or before September 30, 2000, and may submit comments to the commission on its proposed amendments to the State Plan on or before September thirtieth of each subsequent year. On or before January 30, 2001, the commission shall adopt a final State Plan and shall make the plan public. On or before January thirtieth of each subsequent year, the commission shall adopt any amendments to the State Plan and shall make the amended State Plan public.
(B) The State Plan shall set out the criteria by which grant proposals are considered by the commission. The plan shall also describe the types of youth smoking prevention programs that shall be eligible for consideration for grants from the fund. The eligible programs shall include, but are not limited to:
(1) media campaigns directed to youth to prevent underage consumption of cigarettes;
(2) school-based education programs to prevent youth smoking;
(3) community-based youth programs involving youth smoking prevention through general youth development; and
(4) enforcement and administration of the state law related to the prevention of cigarette sales to minors, related retailer education, and compliance efforts.
(C) The State Plan shall provide that no less than fifty percent of the dollar value of the grants awarded in each year is dedicated to programs described in subsections (B)(2) and (B)(3).
(D) The State Plan further shall provide for a grant for an annual statewide school-based survey to measure cigarette use and behaviors towards cigarette use by individuals in grades 6-12. This survey shall:
(1) involve a statistically valid sample of the individuals in each grade from sixth through twelfth;
(2) not include any individual who is eighteen years of age or older; and
(3) be made available to the public, along with the resulting date, excluding respondent identities and respondent-identifiable date, before September first of each year.
(E) The State Plan shall provide that no more than five percent of the fund shall be expended on the administrative costs of the commission.
(F) The development and adoption of the State Plan is not subject to the notice and comment provisions of the State Administrative Procedures Act as provided in Chapter 23, Title 1 of the 1976 Code.
Section 44-128-70. (A) The commission shall meet at least four times a year to review applications for grants for youth smoking prevention programs. A grant may not be awarded without the approval of the vote of a majority of the commission. To the extent practicable and consistent with the criteria for qualified applicants set forth in the State Plan, the commission shall make awards equal to the total amount of funds appropriated in each fiscal year for Qualified Youth Smoking Prevention Programs less the administrative costs of the commission.
(B) An applicant for a grant for a Qualified Youth Smoking Prevention Program must file an application with the commission no later than November first of the year preceding the fiscal year for which the grant is requested.
(C) An applicant that requests funding to initiate, continue, or expand a youth smoking prevention program shall demonstrate, by means of application, letters of recommendation, and other means as the commission may designate, that the proposed youth smoking prevention program for which it seeks funds meets the criteria set forth in the State Plan. Previous grant recipients shall include recent evaluations of their programs with their applications. The commission may not award a grant unless it makes a specific finding, as to each applicant, that the program proposed to be funded meets the criteria set forth in the State Plan.
(D) In addition to evaluating the funding request pursuant to the criteria set out in the State Plan, the commission shall consider:
(1) in the case of applications to fund media campaigns directed to youth to prevent underage consumption of cigarettes, whether the campaign provides for sound management and periodic evaluation of the campaign's relevance to the intended audience, including audience awareness of the campaign and recollection of the main message.
(2) in the case of applications to fund school-based education programs to prevent youth smoking, whether there is credible evidence that the program is effective in reducing youth smoking.
(3) in the case of applications to fund community-based youth programs involving youth smoking prevention through general youth development, whether the program:
(a) has a comprehensive strategy with a clear mission and goals;
(b) has committed, caring, and professional leadership;
(c) offers a diverse array of youth-centered activities in youth-accessible facilities;
(d) is culturally sensitive, inclusive, and diverse;
(e) involves youth in the planning, delivery, and evaluation of services that affect them; and
(f) offers a positive focus including all youth.
(4) In the case of applications to fund enforcement and administration of state law related to the prevention of cigarette sales to minors, related retailer education and compliance efforts, whether those activities and efforts can reasonably be expected to reduce the extent to which tobacco products are available to individuals under the age of eighteen.
(E) State and local government departments and agencies are eligible for grants provided pursuant to this chapter.
Section 44-128-80. On or before March first each year, the commission shall announce the award of grants for the next fiscal year. Any funds appropriated for Qualified Youth Smoking Prevention Programs not expended in any fiscal year shall be retained in the fund and available for Qualified Youth Smoking Prevention Programs in the following year.
Section 44-128-90. (A) The accounts and records of the commission showing the receipt and disbursement of funds from whatever source derived must be in the form as the Comptroller General prescribes.
(B) The accounts of the commission must be audited annually by the Comptroller General or his designee. Copies of the annual audit must be distributed to the Governor and to the chairmen of the House Ways and Means Committee and the Senate Finance Committee, pursuant to Section 44-128-100(C).
Section 44-128-100. (A) As a condition for the receipt of funds under this chapter, a grantee shall agree to file a report with the commission, on or before September thirtieth after the end of the fiscal year for which the grant was awarded, as to the following:
(1) amount received as a grant and the expenditures made with the proceeds of the grant;
(2) a description of the program offered and the number of youths who participated in the program; and
(3) specific elements of the program meeting the criteria set forth in the State Plan.
(B) A grantee failing to timely file the report required under this section shall be subject to the jurisdiction of the Attorney General for repayment of the full amounts of the grant expended.
(C) The commission shall review and evaluate the reports of grantees required under this section and file a written report with the Governor and the chairmen of the House Ways and Means Committee and the Senate Finance Committee on or before February first of each year on the status of the fund and the activities of the fund for the fiscal year most recently ended. The report shall include a copy of the annual audit, the name of each grantee, and the amount of each grant made, the criteria used to award each grant, and whether the program implemented by each grantee met the criteria. The report shall be publicly available immediately upon its filing.
Section 44-128-110. (A) The exercise of the powers granted by this chapter must be in all respects for the benefit of the inhabitants of the State and for the promotion of their safety, health, welfare, knowledge, convenience, and prosperity.
(B) The commission is performing an essential governmental function in the exercise of the powers conferred upon it by this chapter, and the property of the commission and its income and operations are exempt from taxation or assessments upon property acquired or used by the foundation under the provisions of this chapter."
SECTION 2. Section 1-30-110 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-110. Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the office of the Governor:
(1) Continuum of Care for Emotionally Disturbed Children provided for at Section 20-7-5610, et seq.;
(2) Guardian Ad Litem Program, formerly provided for at Section 20-7-121, et seq.;
(3) State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;
(4) Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;
(5) Commission on Women, formerly provided for at Section 1-15-10, et seq.;
(6) Commission on Aging, formerly provided for at Section 43-21-10, et seq.;
(7) Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq. ; and
(8) Youth Smoking Prevention Commission, provided for at Section 44-128-20."
SECTION 3. This act takes effect upon approval by the Governor.
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