Connecticut 2022 Regular Session

Connecticut Senate Bill SB00399 Compare Versions

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7		-	General Assembly Substitute Bill No. 399
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	6	+	LCO No. 2219 1 of 9
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	8	+	General Assembly Raised Bill No. 399
8	9		February Session, 2022
	10	+	LCO No. 2219
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	13	+	Referred to Committee on APPROPRIATIONS
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	15	+
	16	+	Introduced by:
	17	+	(APP)
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14	22		AN ACT CONCERNING THE TOBACCO SETTLEMENT TRUST FUND
15	23		AND THE SALE OF TOBACCO PRODUCTS.
16	24		Be it enacted by the Senate and House of Representatives in General
17	25		Assembly convened:
18	26
19		-	Section 1. Section 4-28e of the general statutes is repealed and the 1
20		-	following is substituted in lieu thereof (Effective July 1, 2022): 2
21		-	(a) There is created a Tobacco Settlement Fund which shall be a 3
22		-	separate nonlapsing fund. Any funds received by the state from the 4
23		-	Master Settlement Agreement executed November 23, 1998, shall be 5
24		-	deposited into the fund. 6
25		-	(b) (1) The Treasurer is authorized to invest all or any part of the 7
26		-	Tobacco Settlement Fund, all or any part of the Tobacco and Health 8
27		-	Trust Fund created in section 4-28f, as amended by this act, and all or 9
28		-	any part of the Biomedical Research Trust Fund created in section 19a-10
29		-	32c. The interest derived from any such investment shall be credited to 11
30		-	the resources of the fund from which the investment was made. 12
31		-	(2) Notwithstanding sections 3-13 to 3-13h, inclusive, the Treasurer 13
32		-	shall invest the amounts on deposit in the Tobacco Settlement Fund, the 14
33		-	Tobacco and Health Trust Fund and the Biomedical Research Trust 15
34		-	Fund in a manner reasonable and appropriate to achieve the objectives 16
35		-	of such funds, exercising the discretion and care of a prudent person in 17 Substitute Bill No. 399
	27	+	Section 1. Subsection (c) of section 4-28e of the general statutes is 1
	28	+	repealed and the following is substituted in lieu thereof (Effective July 1, 2
	29	+	2022): 3
	30	+	(c) For the fiscal year ending June 30, [2018] 2023, and each fiscal year 4
	31	+	thereafter, disbursements from the Tobacco Settlement Fund shall be 5
	32	+	made [to] as follows: (1) To the General Fund (A) in the amount 6
	33	+	identified as "Transfer from Tobacco Settlement Fund" in the General 7
	34	+	Fund revenue schedule adopted by the General Assembly, and (B) in an 8
	35	+	amount equal to four million dollars, and (2) any remainder to the 9
	36	+	Tobacco and Health Trust Fund. 10
	37	+	Sec. 2. Section 4-28f of the general statutes is repealed and the 11
	38	+	following is substituted in lieu thereof (Effective July 1, 2022): 12
	39	+	(a) There is created a Tobacco and Health Trust Fund which shall be 13
	40	+	a separate nonlapsing fund. The purpose of the trust fund shall be to 14 Raised Bill No. 399
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42		-	similar circumstances with similar objectives. The Treasurer shall give 18
43		-	due consideration to rate of return, risk, term or maturity, 19
44		-	diversification of the total portfolio within such funds, liquidity, the 20
45		-	projected disbursements and expenditures, and the expected payments, 21
46		-	deposits, contributions and gifts to be received. The Treasurer shall not 22
47		-	be required to invest such funds directly in obligations of the state or 23
48		-	any political subdivision of the state or in any investment or other fund 24
49		-	administered by the Treasurer. The assets of such funds shall be 25
50		-	continuously invested and reinvested in a manner consistent with the 26
51		-	objectives of such funds until disbursed in accordance with this section, 27
52		-	section 4-28f, as amended by this act, or section 19a-32c. 28
53		-	(c) [For] Commencing with the fiscal year ending June 30, [2018, and 29
54		-	each fiscal year thereafter,] 2023, annual disbursements from the 30
55		-	Tobacco Settlement Fund shall be made [to] as follows: (1) To the 31
56		-	General Fund in the amount identified as "Transfer from Tobacco 32
57		-	Settlement Fund" in the General Fund revenue schedule adopted by the 33
58		-	General Assembly; and (2) to the Tobacco and Health Trust Fund in an 34
59		-	amount equal to twelve million dollars. 35
60		-	[(d) For the fiscal year ending June 30, 2000, five million dollars shall 36
61		-	be disbursed from the Tobacco Settlement Fund to a tobacco grant 37
62		-	account to be established in the Office of Policy and Management. Such 38
63		-	funds shall not lapse on June 30, 2000, and shall continue to be available 39
64		-	for expenditure during the fiscal year ending June 30, 2001. 40
65		-	(e) Tobacco grants shall be made from the account established 41
66		-	pursuant to subsection (d) of this section by the Secretary of the Office 42
67		-	of Policy and Management in consultation with the speaker of the 43
68		-	House of Representatives, the president pro tempore of the Senate, the 44
69		-	majority leader of the House of Representatives, the majority leader of 45
70		-	the Senate, the minority leader of the House of Representatives, the 46
71		-	minority leader of the Senate, and the cochairpersons and ranking 47
72		-	members of the joint standing committees of the General Assembly 48
73		-	having cognizance of matters relating to public health and 49
74		-	appropriations and the budgets of state agencies, or their designees. 50 Substitute Bill No. 399
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	46	+	create a continuing significant source of funds to (1) support and 15
	47	+	encourage development of programs to reduce tobacco abuse through 16
	48	+	prevention, education and cessation programs, (2) support and 17
	49	+	encourage development of programs to reduce substance abuse, and (3) 18
	50	+	develop and implement programs to meet the unmet physical and 19
	51	+	mental health needs in the state. 20
	52	+	(b) The trust fund may accept transfers from the Tobacco Settlement 21
	53	+	Fund and may apply for and accept gifts, grants or donations from 22
	54	+	public or private sources to enable the trust fund to carry out its 23
	55	+	objectives. 24
	56	+	(c) The trust fund shall be administered by a board of trustees, except 25
	57	+	that the board shall suspend its operations from July 1, 2003, to June 30, 26
	58	+	2005, inclusive. The board shall, consist of seventeen trustees. The 27
	59	+	appointment of the initial trustees shall be as follows: (1) The Governor 28
	60	+	shall appoint four trustees, one of whom shall serve for a term of one 29
	61	+	year from July 1, 2000, two of whom shall serve for a term of two years 30
	62	+	from July 1, 2000, and one of whom shall serve for a term of three years 31
	63	+	from July 1, 2000; (2) the speaker of the House of Representatives and 32
	64	+	the president pro tempore of the Senate each shall appoint two trustees, 33
	65	+	one of whom shall serve for a term of two years from July 1, 2000, and 34
	66	+	one of whom shall serve for a term of three years from July 1, 2000; (3) 35
	67	+	the majority leader of the House of Representatives and the majority 36
	68	+	leader of the Senate each shall appoint two trustees, one of whom shall 37
	69	+	serve for a term of one year from July 1, 2000, and one of whom shall 38
	70	+	serve for a term of three years from July 1, 2000; (4) the minority leader 39
	71	+	of the House of Representatives and the minority leader of the Senate 40
	72	+	each shall appoint two trustees, one of whom shall serve for a term of 41
	73	+	one year from July 1, 2000, and one of whom shall serve for a term of 42
	74	+	two years from July 1, 2000; and (5) the Secretary of the Office of Policy 43
	75	+	and Management, or the secretary's designee, shall serve as an ex-officio 44
	76	+	voting member. Following the expiration of such initial terms, 45
	77	+	subsequent trustees shall serve for a term of three years. The period of 46
	78	+	suspension of the board's operations from July 1, 2003, to June 30, 2005, 47
	79	+	inclusive, shall not be included in the term of any trustee serving on July 48 Raised Bill No. 399
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81		-	Such grants shall be used to reduce tobacco abuse through prevention, 51
82		-	education, cessation, treatment, enforcement and health needs 52
83		-	programs.] 53
84		-	[(f)] (d) For the fiscal year ending June 30, 2005, and each fiscal year 54
85		-	thereafter, the sum of one hundred thousand dollars is appropriated to 55
86		-	the Department of Revenue Services and the sum of twenty-five 56
87		-	thousand dollars is appropriated to the office of the Attorney General 57
88		-	for the enforcement of the provisions of sections 4-28h to 4-28q, 58
89		-	inclusive. 59
90		-	Sec. 2. Section 4-28f of the general statutes is repealed and the 60
91		-	following is substituted in lieu thereof (Effective July 1, 2022): 61
92		-	(a) There is created a Tobacco and Health Trust Fund which shall be 62
93		-	a separate nonlapsing fund. The purpose of the trust fund shall be to 63
94		-	create a continuing significant source of funds to (1) support and 64
95		-	encourage development of programs to reduce tobacco abuse through 65
96		-	prevention, education and cessation programs, (2) support and 66
97		-	encourage development of programs to reduce substance abuse, and (3) 67
98		-	develop and implement programs to meet the unmet physical and 68
99		-	mental health needs in the state. 69
100		-	(b) The trust fund may accept transfers from the Tobacco Settlement 70
101		-	Fund and may apply for and accept gifts, grants or donations from 71
102		-	public or private sources to enable the trust fund to carry out its 72
103		-	objectives. 73
104		-	(c) The trust fund shall be administered by a board of trustees, except 74
105		-	that the board shall suspend its operations from July 1, 2003, to June 30, 75
106		-	2005, inclusive. The board shall consist of seventeen trustees. The 76
107		-	appointment of the initial trustees shall be as follows: (1) The Governor 77
108		-	shall appoint four trustees, one of whom shall serve for a term of one 78
109		-	year from July 1, 2000, two of whom shall serve for a term of two years 79
110		-	from July 1, 2000, and one of whom shall serve for a term of three years 80
111		-	from July 1, 2000; (2) the speaker of the House of Representatives and 81 Substitute Bill No. 399
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	85	+	1, 2003. 49
	86	+	The trustees shall serve without compensation except for 50
	87	+	reimbursement for necessary expenses incurred in performing their 51
	88	+	duties. The board of trustees shall establish rules of procedure for the 52
	89	+	conduct of its business which shall include, but not be limited to, 53
	90	+	criteria, processes and procedures to be used in selecting programs to 54
	91	+	receive money from the trust fund. The trust fund shall be within the 55
	92	+	Office of Policy and Management for administrative purposes only. The 56
	93	+	board of trustees shall, not later than January first of each year [, except 57
	94	+	following a fiscal year in which the trust fund does not receive a deposit 58
	95	+	from the Tobacco Settlement Fund, shall] submit a report of its activities 59
	96	+	and accomplishments to the joint standing committees of the General 60
	97	+	Assembly having cognizance of matters relating to public health and 61
	98	+	appropriations and the budgets of state agencies, in accordance with 62
	99	+	section 11-4a. 63
	100	+	(d) (1) [During the period commencing July 1, 2000, and ending June 64
	101	+	30, 2003, the board of trustees, by majority vote, may recommend 65
	102	+	authorization of disbursement from the trust fund for the purposes 66
	103	+	described in subsection (a) of this section and section 19a-6d, provided 67
	104	+	the board may not recommend authorization of disbursement of more 68
	105	+	than fifty per cent of net earnings from the principal of the trust fund for 69
	106	+	such purposes. For the fiscal year commencing July 1, 2005, and each 70
	107	+	fiscal year thereafter, the board may recommend authorization of the 71
	108	+	net earnings from the principal of the trust fund for such purposes. For 72
	109	+	the fiscal year ending June 30, 2009, and each fiscal year thereafter, the 73
	110	+	board may recommend authorization of disbursement for such 74
	111	+	purposes of (A) up to one-half of the annual disbursement from the 75
	112	+	Tobacco Settlement Fund to the Tobacco and Health Trust Fund from 76
	113	+	the previous fiscal year, pursuant to section 4-28e, up to a maximum of 77
	114	+	six million dollars per fiscal year, and (B) the net earnings from the 78
	115	+	principal of the trust fund from the previous fiscal year.] For the fiscal 79
	116	+	year ending June 30, [2014] 2023, and each fiscal year thereafter, the 80
	117	+	board of trustees, by majority vote, may recommend authorization of 81
	118	+	disbursement [of up to the total unobligated balance remaining in the 82 Raised Bill No. 399
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118		-	the president pro tempore of the Senate each shall appoint two trustees, 82
119		-	one of whom shall serve for a term of two years from July 1, 2000, and 83
120		-	one of whom shall serve for a term of three years from July 1, 2000; (3) 84
121		-	the majority leader of the House of Representatives and the majority 85
122		-	leader of the Senate each shall appoint two trustees, one of whom shall 86
123		-	serve for a term of one year from July 1, 2000, and one of whom shall 87
124		-	serve for a term of three years from July 1, 2000; (4) the minority leader 88
125		-	of the House of Representatives and the minority leader of the Senate 89
126		-	each shall appoint two trustees, one of whom shall serve for a term of 90
127		-	one year from July 1, 2000, and one of whom shall serve for a term of 91
128		-	two years from July 1, 2000; and (5) the Secretary of the Office of Policy 92
129		-	and Management, or the secretary's designee, shall serve as an ex-officio 93
130		-	voting member. Following the expiration of such initial terms, 94
131		-	subsequent trustees shall serve for a term of three years. The period of 95
132		-	suspension of the board's operations from July 1, 2003, to June 30, 2005, 96
133		-	inclusive, shall not be included in the term of any trustee serving on July 97
134		-	1, 2003.The trustees shall serve without compensation except for 98
135		-	reimbursement for necessary expenses incurred in performing their 99
136		-	duties. The board of trustees shall establish rules of procedure for the 100
137		-	conduct of its business which shall include, but not be limited to, 101
138		-	criteria, processes and procedures to be used in selecting programs to 102
139		-	receive money from the trust fund. The trust fund shall be within the 103
140		-	Office of Policy and Management for administrative purposes only. The 104
141		-	board of trustees shall, not later than January first of each year [, except 105
142		-	following a fiscal year in which the trust fund does not receive a deposit 106
143		-	from the Tobacco Settlement Fund, shall] submit a report of its activities 107
144		-	and accomplishments to the joint standing committees of the General 108
145		-	Assembly having cognizance of matters relating to public health and 109
146		-	appropriations and the budgets of state agencies, in accordance with 110
147		-	section 11-4a. 111
148		-	(d) (1) [During the period commencing July 1, 2000, and ending June 112
149		-	30, 2003, the board of trustees, by majority vote, may recommend 113
150		-	authorization of disbursement from the trust fund for the purposes 114
151		-	described in subsection (a) of this section and section 19a-6d, provided 115 Substitute Bill No. 399
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	124	+	trust fund after disbursement in accordance with the provisions of the 83
	125	+	general statutes and relevant special and public acts for such purposes, 84
	126	+	not to exceed] from the trust fund for the purposes described in 85
	127	+	subsection (a) of this section and section 19a-6d, provided the board 86
	128	+	may not recommend authorization of disbursement of more than twelve 87
	129	+	million dollars per fiscal year from the trust fund for such purposes. The 88
	130	+	board's recommendations shall give (i) priority to programs that 89
	131	+	address tobacco and substance abuse and serve minors, pregnant 90
	132	+	women and parents of young children, and (ii) consideration to the 91
	133	+	availability of private matching funds. Recommended disbursements 92
	134	+	from the trust fund shall be in addition to any resources that would 93
	135	+	otherwise be appropriated by the state for such purposes and programs. 94
	136	+	(2) Except during the fiscal years ending June 30, 2004, and June 30, 95
	137	+	2005, the board of trustees shall submit such recommendations for the 96
	138	+	authorization of disbursement from the trust fund to the joint standing 97
	139	+	committees of the General Assembly having cognizance of matters 98
	140	+	relating to public health and appropriations and the budgets of state 99
	141	+	agencies. Not later than thirty days after receipt of such 100
	142	+	recommendations, said committees shall advise the board of their 101
	143	+	approval, modifications, if any, or rejection of the board's 102
	144	+	recommendations. If said joint standing committees do not concur, the 103
	145	+	speaker of the House of Representatives, the president pro tempore of 104
	146	+	the Senate, the majority leader of the House of Representatives, the 105
	147	+	majority leader of the Senate, the minority leader of the House of 106
	148	+	Representatives and the minority leader of the Senate each shall appoint 107
	149	+	one member from each of said joint standing committees to serve as a 108
	150	+	committee on conference. The committee on conference shall submit its 109
	151	+	report to both committees, which shall vote to accept or reject the report. 110
	152	+	The report of the committee on conference may not be amended. If a 111
	153	+	joint standing committee rejects the report of the committee on 112
	154	+	conference, the board's recommendations shall be deemed approved. If 113
	155	+	the joint standing committees accept the report of the committee on 114
	156	+	conference, the joint standing committee having cognizance of matters 115
	157	+	relating to appropriations and the budgets of state agencies shall advise 116 Raised Bill No. 399
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158		-	~~the board may not recommend authorization~~ of ~~disbursement of more 116~~
159		-	~~than fifty per cent of net earnings from the principal of the trust fund for 117~~
160		-	~~such purposes. For~~ the ~~fiscal year commencing July 1~~, ~~2005, and each 118~~
161		-	~~fiscal year thereafter~~, ~~the board may recommend authorization~~ of the ~~119~~
162		-	~~net earnings from the principal~~ of the ~~trust fund for such purposes. For 120~~
163		-	~~the fiscal year ending June 30, 2009, and each fiscal year thereafter,~~ the ~~121~~
164		-	~~board may recommend authorization of~~ disbursement ~~for such 122~~
165		-	~~purposes of (A) up to one-half~~ of the ~~annual disbursement from the 123~~
166		-	~~Tobacco Settlement Fund to the Tobacco and Health Trust Fund from 124~~
167		-	the ~~previous fiscal year, pursuant to section 4-28e, up to a maximum~~ of ~~125~~
168		-	~~six million dollars per fiscal year,~~ ~~and (B) the net earnings from the 126~~
169		-	~~principal~~ of ~~the trust fund from~~ the ~~previous fiscal year.] For the fiscal 127~~
170		-	~~year ending June 30,~~ ~~[2014] 2023,~~ ~~and each fiscal year thereafter,~~ the ~~128~~
171		-	~~board of trustees~~, ~~by majority vote~~, ~~[may]~~ shall ~~recommend 129~~
172		-	~~authorization of disbursement [of~~ ~~up to the total unobligated balance 130~~
173		-	~~remaining in the trust fund after disbursement in accordance~~ with the ~~131~~
174		-	~~provisions~~ of the ~~general statutes and relevant special and public acts 132~~
175		-	~~for such purposes,~~ ~~not~~ to ~~exceed twelve million dollars per fiscal year]~~ ~~133~~
176		-	~~from the trust fund~~ of ~~the amount deposited in the trust fund for the 134~~
177		-	~~fiscal year pursuant to subsection (c)~~ of ~~section 4-28e~~, ~~as amended by 135~~
178		-	~~this act,~~ ~~for the purposes described in subsection (a) of this section and 136~~
179		-	~~section 19a-6d.~~ The board~~'s recommendations~~ shall ~~give (i) priority to 137~~
180		-	~~programs that address tobacco and substance abuse and serve minors~~, ~~138~~
181		-	~~pregnant women and parents of young children~~, ~~and (ii) consideration 139~~
182		-	to the ~~availability~~ of ~~private matching funds. Recommended 140~~
183		-	disbursements from the ~~trust fund shall be in addition to any resources 141~~
184		-	~~that would otherwise be appropriated by~~ the ~~state for such purposes 142~~
185		-	~~and programs~~. ~~143~~
186		-	~~(2) [Except during~~ the ~~fiscal years ending June 30, 2004,~~ and ~~June 30,~~ ~~144~~
187		-	~~2005, the] The board of trustees shall submit~~ such ~~recommendations for 145~~
188		-	~~the authorization~~ of ~~disbursement from~~ the ~~trust fund to the joint 146~~
189		-	~~standing committees of the General Assembly having cognizance of 147~~
190		-	~~matters relating to public health and appropriations and the budgets of 148~~
191		-	~~state agencies.~~ ~~Not later than thirty days after receipt of such 149 Substitute~~ Bill No. 399
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	163	+	the board of said joint standing committees' approval or modifications, 117
	164	+	if any, of the board's recommended disbursement. If said joint standing 118
	165	+	committees do not act within thirty days after receipt of the board's 119
	166	+	recommendations for the authorization of disbursement, such 120
	167	+	recommendations shall be deemed approved. Disbursement from the 121
	168	+	trust fund shall be in accordance with the board's recommendations as 122
	169	+	approved or modified by said joint standing committees. 123
	170	+	(3) After such recommendations for the authorization of 124
	171	+	disbursement have been approved or modified pursuant to subdivision 125
	172	+	(2) of this subsection, any modification in the amount of an authorized 126
	173	+	disbursement in excess of fifty thousand dollars or ten per cent of the 127
	174	+	authorized amount, whichever is less, shall be submitted to said joint 128
	175	+	standing committees and approved, modified or rejected in accordance 129
	176	+	with the procedure set forth in subdivision (2) of this subsection. 130
	177	+	Notification of all disbursements from the trust fund made pursuant to 131
	178	+	this section shall be sent to the joint standing committees of the General 132
	179	+	Assembly having cognizance of matters relating to public health and 133
	180	+	appropriations and the budgets of state agencies, through the Office of 134
	181	+	Fiscal Analysis. 135
	182	+	(4) The board of trustees shall, not later than February first of each 136
	183	+	year [, except following a fiscal year in which the trust fund does not 137
	184	+	receive a deposit from the Tobacco Settlement Fund,] submit a report to 138
	185	+	the General Assembly, in accordance with the provisions of section 11-139
	186	+	4a, that includes all disbursements and other expenditures from the 140
	187	+	trust fund and an evaluation of the performance and impact of each 141
	188	+	program receiving funds from the trust fund. Such report shall also 142
	189	+	include the criteria and application process used to select programs to 143
	190	+	receive such funds. 144
	191	+	Sec. 3. Section 53-344 of the general statutes is repealed and the 145
	192	+	following is substituted in lieu thereof (Effective July 1, 2022): 146
	193	+	(a) As used in this section: 147
	194	+	(1) "Cardholder" means any person who presents a driver's license or 148 Raised Bill No. 399
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198		-	recommendations, said committees shall advise the board of their 150
199		-	approval, modifications, if any, or rejection of the board's 151
200		-	recommendations. If said joint standing committees do not concur, the 152
201		-	speaker of the House of Representatives, the president pro tempore of 153
202		-	the Senate, the majority leader of the House of Representatives, the 154
203		-	majority leader of the Senate, the minority leader of the House of 155
204		-	Representatives and the minority leader of the Senate each shall appoint 156
205		-	one member from each of said joint standing committees to serve as a 157
206		-	committee on conference. The committee on conference shall submit its 158
207		-	report to both committees, which shall vote to accept or reject the report. 159
208		-	The report of the committee on conference may not be amended. If a 160
209		-	joint standing committee rejects the report of the committee on 161
210		-	conference, the board's recommendations shall be deemed approved. If 162
211		-	the joint standing committees accept the report of the committee on 163
212		-	conference, the joint standing committee having cognizance of matters 164
213		-	relating to appropriations and the budgets of state agencies shall advise 165
214		-	the board of said joint standing committees' approval or modifications, 166
215		-	if any, of the board's recommended disbursement. If said joint standing 167
216		-	committees do not act within thirty days after receipt of the board's 168
217		-	recommendations for the authorization of disbursement, such 169
218		-	recommendations shall be deemed approved. Disbursement from the 170
219		-	trust fund shall be in accordance with the board's recommendations as 171
220		-	approved or modified by said joint standing committees. 172
221		-	(3) After such recommendations for the authorization of 173
222		-	disbursement have been approved or modified pursuant to subdivision 174
223		-	(2) of this subsection, any modification in the amount of an authorized 175
224		-	disbursement in excess of fifty thousand dollars or ten per cent of the 176
225		-	authorized amount, whichever is less, shall be submitted to said joint 177
226		-	standing committees and approved, modified or rejected in accordance 178
227		-	with the procedure set forth in subdivision (2) of this subsection. 179
228		-	Notification of all disbursements from the trust fund made pursuant to 180
229		-	this section shall be sent to the joint standing committees of the General 181
230		-	Assembly having cognizance of matters relating to public health and 182
231		-	appropriations and the budgets of state agencies, through the Office of 183 Substitute Bill No. 399
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	199	+
	200	+	an identity card to a seller or seller's agent or employee, to purchase or 149
	201	+	receive tobacco from such seller or seller's agent or employee; 150
	202	+	(2) "Cigarette" has the same meaning as provided in subsection (b) of 151
	203	+	section 12-285; 152
	204	+	(3) "Identity card" means an identification card issued in accordance 153
	205	+	with the provisions of section 1-1h; 154
	206	+	(4) "Sale" has the same meaning as provided in section 53-344b; 155
	207	+	(5) "Give" or "giving" has the same meaning as provided in section 156
	208	+	53-344b; 157
	209	+	(6) "Deliver" or "delivering" has the same meaning as provided in 158
	210	+	section 53-344b; 159
	211	+	(7) "Seller" means any person engaged in the sale, giving or delivering 160
	212	+	of cigarettes or tobacco products; 161
	213	+	(8) "Tobacco products" has the same meaning as provided in section 162
	214	+	12-330a; 163
	215	+	(9) "Transaction scan" means the process by which a seller or seller's 164
	216	+	agent or employee checks, by means of a transaction scan device, the 165
	217	+	validity of a driver's license or an identity card; and 166
	218	+	(10) "Transaction scan device" means any commercial device or 167
	219	+	combination of devices used at a point of sale that is capable of 168
	220	+	deciphering in an electronically readable format the information 169
	221	+	encoded on the magnetic strip or bar code of a driver's license or an 170
	222	+	identity card. 171
	223	+	(b) Any person who sells, gives or delivers to any person under 172
	224	+	twenty-one years of age cigarettes or a tobacco product shall be fined 173
	225	+	not more than three hundred dollars for the first offense, not more than 174
	226	+	seven hundred fifty dollars for a second offense on or before twenty-175
	227	+	four months after the date of the first offense and not more than one 176 Raised Bill No. 399
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238		-	Fiscal Analysis. 184
239		-	(4) The board of trustees shall [, not later than February first of each 185
240		-	year , except following a fiscal year in which the trust fund does not 186
241		-	receive a deposit from the Tobacco Settlement Fund,] submit a biennial 187
242		-	report to the joint standing committees of the General Assembly having 188
243		-	cognizance of matters relating to public health and appropriations and 189
244		-	the budgets of state agencies, in accordance with the provisions of 190
245		-	section 11-4a. [, that includes] Such report shall include, but need not be 191
246		-	limited to, an accounting of the unexpended amount in the trust fund, 192
247		-	if any, all disbursements and other expenditures from the trust fund and 193
248		-	an evaluation of the performance and impact of each program receiving 194
249		-	funds from the trust fund. Such report shall also include the criteria and 195
250		-	application process used to select programs to receive such funds. 196
251		-	Sec. 3. Section 53-344 of the general statutes is repealed and the 197
252		-	following is substituted in lieu thereof (Effective July 1, 2022): 198
253		-	(a) As used in this section: 199
254		-	(1) "Cardholder" means any person who presents a driver's license or 200
255		-	an identity card to a seller or seller's agent or employee, to purchase or 201
256		-	receive tobacco from such seller or seller's agent or employee; 202
257		-	(2) "Cigarette" has the same meaning as provided in subsection (b) of 203
258		-	section 12-285; 204
259		-	(3) "Identity card" means an identification card issued in accordance 205
260		-	with the provisions of section 1-1h; 206
261		-	(4) "Sale" has the same meaning as provided in section 53-344b; 207
262		-	(5) "Give" or "giving" has the same meaning as provided in section 208
263		-	53-344b; 209
264		-	(6) "Deliver" or "delivering" has the same meaning as provided in 210
265		-	section 53-344b; 211 Substitute Bill No. 399
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	232	+
	233	+	thousand dollars for each subsequent offense on or before twenty-four 177
	234	+	months after the date of the first offense. The provisions of this 178
	235	+	subsection shall not apply to a person under twenty-one years of age 179
	236	+	who is delivering or accepting delivery of cigarettes or a tobacco 180
	237	+	product (1) in such person's capacity as an employee, or (2) as part of a 181
	238	+	scientific study being conducted by an organization for the purpose of 182
	239	+	medical research to further efforts in cigarette and tobacco product use 183
	240	+	prevention and cessation, provided such medical research has been 184
	241	+	approved by the organization's institutional review board, as defined in 185
	242	+	section 21a-408. 186
	243	+	(c) Any person under twenty-one years of age who misrepresents 187
	244	+	such person's age to purchase cigarettes or a tobacco product shall be 188
	245	+	fined not more than fifty dollars for the first offense and not less than 189
	246	+	fifty dollars or more than one hundred dollars for each subsequent 190
	247	+	offense. 191
	248	+	(d) (1) A seller or seller's agent or employee shall request that each 192
	249	+	person intending to purchase cigarettes or a tobacco product present a 193
	250	+	driver's license or identity card to establish that such person is twenty-194
	251	+	one years of age or older. 195
	252	+	(2) A seller or seller's agent or employee may perform a transaction 196
	253	+	scan to check the validity of a driver's license or identity card presented 197
	254	+	by a cardholder as a condition for selling, giving away or otherwise 198
	255	+	distributing cigarettes or a tobacco product to the cardholder. 199
	256	+	[(2)] (3) If the information deciphered by the transaction scan 200
	257	+	performed under subdivision (1) of this subsection fails to match the 201
	258	+	information printed on the driver's license or identity card presented by 202
	259	+	the cardholder, or if the transaction scan indicates that the information 203
	260	+	so printed is false or fraudulent, neither the seller nor any seller's agent 204
	261	+	or employee shall sell, give away or otherwise distribute any cigarettes 205
	262	+	or a tobacco product to the cardholder. 206
	263	+	[(3)] (4) Subdivision (1) of this subsection does not preclude a seller 207
	264	+	or seller's agent or employee from using a transaction scan device to 208 Raised Bill No. 399
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272		-	(7) "Seller" means any person engaged in the sale, giving or delivering 212
273		-	of cigarettes or tobacco products; 213
274		-	(8) "Tobacco products" has the same meaning as provided in section 214
275		-	12-330a; 215
276		-	(9) "Transaction scan" means the process by which a seller or seller's 216
277		-	agent or employee checks, by means of a transaction scan device, the 217
278		-	validity of a driver's license or an identity card; and 218
279		-	(10) "Transaction scan device" means any commercial device or 219
280		-	combination of devices used at a point of sale that is capable of 220
281		-	deciphering in an electronically readable format the information 221
282		-	encoded on the magnetic strip or bar code of a driver's license or an 222
283		-	identity card. 223
284		-	(b) Any person who sells, gives or delivers to any person under 224
285		-	twenty-one years of age cigarettes or a tobacco product shall be fined 225
286		-	not more than three hundred dollars for the first offense, not more than 226
287		-	seven hundred fifty dollars for a second offense on or before twenty-227
288		-	four months after the date of the first offense and not more than one 228
289		-	thousand dollars for each subsequent offense on or before twenty-four 229
290		-	months after the date of the first offense. The provisions of this 230
291		-	subsection shall not apply to a person under twenty-one years of age 231
292		-	who is delivering or accepting delivery of cigarettes or a tobacco 232
293		-	product (1) in such person's capacity as an employee, or (2) as part of a 233
294		-	scientific study being conducted by an organization for the purpose of 234
295		-	medical research to further efforts in cigarette and tobacco product use 235
296		-	prevention and cessation, provided such medical research has been 236
297		-	approved by the organization's institutional review board, as defined in 237
298		-	section 21a-408. 238
299		-	(c) Any person under twenty-one years of age who misrepresents 239
300		-	such person's age to purchase cigarettes or a tobacco product shall be 240
301		-	fined not more than fifty dollars for the first offense and not less than 241
302		-	fifty dollars or more than one hundred dollars for each subsequent 242 Substitute Bill No. 399
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	269	+
	270	+	check the validity of a document other than a driver's license or an 209
	271	+	identity card, if the document includes a bar code or magnetic strip that 210
	272	+	may be scanned by the device, as a condition for selling, giving away or 211
	273	+	otherwise distributing cigarettes or a tobacco product to the person 212
	274	+	presenting the document. 213
	275	+	(e) (1) No seller or seller's agent or employee shall electronically or 214
	276	+	mechanically record or maintain any information derived from a 215
	277	+	transaction scan, except the following: (A) The name and date of birth 216
	278	+	of the person listed on the driver's license or identity card presented by 217
	279	+	a cardholder; (B) the expiration date and identification number of the 218
	280	+	driver's license or identity card presented by a cardholder. 219
	281	+	(2) No seller or seller's agent or employee shall use a transaction scan 220
	282	+	device for a purpose other than the purposes specified in subsection (e) 221
	283	+	of section 53-344b, subsection [(d)] (e) of this section or subsection (c) of 222
	284	+	section 30-86. 223
	285	+	(3) No seller or seller's agent or employee shall sell or otherwise 224
	286	+	disseminate the information derived from a transaction scan to any third 225
	287	+	party, including, but not limited to, selling or otherwise disseminating 226
	288	+	that information for any marketing, advertising or promotional 227
	289	+	activities, but a seller or seller's agent or employee may release that 228
	290	+	information pursuant to a court order. 229
	291	+	(4) Nothing in subsection [(d)] (e) of this section or this subsection 230
	292	+	relieves a seller or seller's agent or employee of any responsibility to 231
	293	+	comply with any other applicable state or federal laws or rules 232
	294	+	governing the sale, giving away or other distribution of cigarettes or 233
	295	+	tobacco products. 234
	296	+	(5) Any person who violates this subsection shall be subject to a civil 235
	297	+	penalty of not more than one thousand dollars. 236
	298	+	(f) (1) In any prosecution of a seller or seller's agent or employee for 237
	299	+	a violation of subsection (b) of this section, it shall be an affirmative 238
	300	+	defense that all of the following occurred: (A) A cardholder attempting 239 Raised Bill No. 399
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309		-	offense. 243
310		-	(d) (1) A seller or seller's agent or employee shall request that each 244
311		-	person intending to purchase cigarettes or a tobacco product present a 245
312		-	driver's license or identity card to establish that such person is twenty-246
313		-	one years of age or older. 247
314		-	[(d) (1)] (2) A seller or seller's agent or employee may perform a 248
315		-	transaction scan to check the validity of a driver's license or identity card 249
316		-	presented by a cardholder as a condition for selling, giving away or 250
317		-	otherwise distributing cigarettes or a tobacco product to the cardholder. 251
318		-	[(2)] (3) If the information deciphered by the transaction scan 252
319		-	performed under subdivision [(1)] (2) of this subsection fails to match 253
320		-	the information printed on the driver's license or identity card presented 254
321		-	by the cardholder, or if the transaction scan indicates that the 255
322		-	information so printed is false or fraudulent, neither the seller nor any 256
323		-	seller's agent or employee shall sell, give away or otherwise distribute 257
324		-	any cigarettes or a tobacco product to the cardholder. 258
325		-	[(3)] (4) Subdivision [(1)] (2) of this subsection does not preclude a 259
326		-	seller or seller's agent or employee from using a transaction scan device 260
327		-	to check the validity of a document other than a driver's license or an 261
328		-	identity card, if the document includes a bar code or magnetic strip that 262
329		-	may be scanned by the device, as a condition for selling, giving away or 263
330		-	otherwise distributing cigarettes or a tobacco product to the person 264
331		-	presenting the document. 265
332		-	(e) (1) No seller or seller's agent or employee shall electronically or 266
333		-	mechanically record or maintain any information derived from a 267
334		-	transaction scan, except the following: (A) The name and date of birth 268
335		-	of the person listed on the driver's license or identity card presented by 269
336		-	a cardholder; and (B) the expiration date and identification number of 270
337		-	the driver's license or identity card presented by a cardholder. 271
338		-	(2) No seller or seller's agent or employee shall use a transaction scan 272
339		-	device for a purpose other than the purposes specified in subsection (e) 273 Substitute Bill No. 399
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345		-
346		-	of section 53-344b, subsection (d) of this section or subsection (c) of 274
347		-	section 30-86. 275
348		-	(3) No seller or seller's agent or employee shall sell or otherwise 276
349		-	disseminate the information derived from a transaction scan to any third 277
350		-	party, including, but not limited to, selling or otherwise disseminating 278
351		-	that information for any marketing, advertising or promotional 279
352		-	activities, but a seller or seller's agent or employee may release that 280
353		-	information pursuant to a court order. 281
354		-	(4) Nothing in subsection (d) of this section or this subsection relieves 282
355		-	a seller or seller's agent or employee of any responsibility to comply 283
356		-	with any other applicable state or federal laws or rules governing the 284
357		-	sale, giving away or other distribution of cigarettes or tobacco products. 285
358		-	(5) Any person who violates this subsection shall be subject to a civil 286
359		-	penalty of not more than one thousand dollars. 287
360		-	(f) (1) In any prosecution of a seller or seller's agent or employee for 288
361		-	a violation of subsection (b) of this section, it shall be an affirmative 289
362		-	defense that all of the following occurred: (A) A cardholder attempting 290
363		-	to purchase or receive cigarettes or a tobacco product presented a 291
364		-	driver's license or an identity card; (B) a transaction scan of the driver's 292
365		-	license or identity card that the cardholder presented indicated that the 293
366		-	license or card was valid and indicated that the cardholder was at least 294
367		-	twenty-one years of age; and (C) the cigarettes or a tobacco product was 295
368		-	sold, given away or otherwise distributed to the cardholder in 296
369		-	reasonable reliance upon the identification presented and the completed 297
370		-	transaction scan. 298
371		-	(2) In determining whether a seller or seller's agent or employee has 299
372		-	proven the affirmative defense provided by subdivision (1) of this 300
373		-	section, the trier of fact in such prosecution shall consider that 301
374		-	reasonable reliance upon the identification presented and the completed 302
375		-	transaction scan may require a seller or seller's agent or employee to 303
376		-	exercise reasonable diligence and that the use of a transaction scan 304 Substitute Bill No. 399
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383		-	device does not excuse a seller or seller's agent or employee from 305
384		-	exercising such reasonable diligence to determine the following: (A) 306
385		-	Whether a person to whom the seller or seller's agent or employee sells, 307
386		-	gives away or otherwise distributes cigarettes or a tobacco product is 308
387		-	twenty-one years of age or older; and (B) whether the description and 309
388		-	picture appearing on the driver's license or identity card presented by a 310
389		-	cardholder is that of the cardholder.311
	306	+	to purchase or receive cigarettes or a tobacco product presented a 240
	307	+	driver's license or an identity card; (B) a transaction scan of the driver's 241
	308	+	license or identity card that the cardholder presented indicated that the 242
	309	+	license or card was valid and indicated that the cardholder was at least 243
	310	+	twenty-one years of age; and (C) the cigarettes or a tobacco product was 244
	311	+	sold, given away or otherwise distributed to the cardholder in 245
	312	+	reasonable reliance upon the identification presented and the completed 246
	313	+	transaction scan. 247
	314	+	(2) In determining whether a seller or seller's agent or employee has 248
	315	+	proven the affirmative defense provided by subdivision (1) of this 249
	316	+	section, the trier of fact in such prosecution shall consider that 250
	317	+	reasonable reliance upon the identification presented and the completed 251
	318	+	transaction scan may require a seller or seller's agent or employee to 252
	319	+	exercise reasonable diligence and that the use of a transaction scan 253
	320	+	device does not excuse a seller or seller's agent or employee from 254
	321	+	exercising such reasonable diligence to determine the following: (A) 255
	322	+	Whether a person to whom the seller or seller's agent or employee sells, 256
	323	+	gives away or otherwise distributes cigarettes or a tobacco product is 257
	324	+	twenty-one years of age or older; and (B) whether the description and 258
	325	+	picture appearing on the driver's license or identity card presented by a 259
	326	+	cardholder is that of the cardholder.260
390	327		This act shall take effect as follows and shall amend the following
391	328		sections:
392	329
393		-	Section 1 July 1, 2022 4-28e
	330	+	Section 1 July 1, 2022 4-28e(c)
394	331		Sec. 2 July 1, 2022 4-28f
395	332		Sec. 3 July 1, 2022 53-344
396	333
397		-	APP Joint Favorable Subst.
	334	+	Statement of Purpose:
	335	+	To restore disbursements to the Tobacco and Health Trust Fund to be
	336	+	used to reduce tobacco and substance abuse and require persons of all
	337	+	ages to present proof of age to purchase cigarettes.
	338	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	339	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	340	+	underlined.]
398	341