Connecticut 2023 Regular Session

Connecticut House Bill HB06730 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 6730
	5	+	General Assembly Raised Bill No. 6730
8	6		January Session, 2023
	7	+	LCO No. 3728
9	8
	9	+
	10	+	Referred to Committee on PUBLIC HEALTH
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PH)
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14	19		AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S
15	20		RECOMMENDATIONS REGARDING THE TOBACCO AND HEALTH
16		-	TRUST FUND.
	21	+	TRUST FUND AND THE REQUIREMENT TO CHECK IDENTIFICATION
	22	+	PRIOR TO SELLING CIGARETTES OR TOBACCO PRODUCTS.
17	23		Be it enacted by the Senate and House of Representatives in General
18	24		Assembly convened:
19	25
20	26		Section 1. Section 4-28f of the general statutes is repealed and the 1
21	27		following is substituted in lieu thereof (Effective July 1, 2023): 2
22	28		(a) There is created a Tobacco and Health Trust Fund which shall be 3
23	29		a separate nonlapsing fund. The purpose of the trust fund shall be to 4
24	30		create a continuing significant source of funds to [(1)] support and 5
25	31		encourage development of programs to reduce tobacco [abuse] and 6
26	32		nicotine use through prevention, education and cessation programs [, 7
27	33		(2) support and encourage development of programs to reduce 8
28	34		substance abuse, and (3) develop and implement programs to meet the 9
29		-	unmet physical and mental health needs in the state] that use 10
30		-	evidence-based best practices regarding (1) state and community 11
31		-	interventions, (2) communication methods to disseminate health 12
32		-	information to a wide audience, (3) cessation interventions, (4) 13
33		-	surveillance and evaluation, and (5) infrastructure, administration and 14
34		-	management. The trust fund shall be used to support the reduction in 15
35		-	use of all tobacco and nicotine products, including, but not limited to, 16
36		-	combustible, noncombustible, electronic and synthetic tobacco and 17
37		-	nicotine products. 18 Substitute Bill No. 6730
	35	+	unmet physical and mental health needs in the state] that use evidence-10
	36	+	based best practices regarding (1) state and community interventions, 11
	37	+	(2) communication methods to disseminate health information to a wide 12
	38	+	audience, (3) cessation interventions, (4) surveillance and evaluation, 13
	39	+	and (5) infrastructure, administration and management. The trust fund 14 Raised Bill No. 6730
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44		-	(b) The trust fund may accept transfers from the Tobacco Settlement 19
45		-	Fund and may apply for and accept gifts, grants, [or] donations, 20
46		-	assignments or transfers from public or private sources to enable the 21
47		-	trust fund to carry out its objectives. 22
48		-	(c) The trust fund shall be administered by a board of trustees, 23
49		-	except that the board shall suspend its operations from July 1, 2003, to 24
50		-	June 30, 2005, inclusive. The board shall consist of seventeen trustees. 25
51		-	The appointment of the initial trustees shall be as follows: (1) The 26
52		-	Governor shall appoint four trustees, one of whom shall serve for a 27
53		-	term of one year from July 1, 2000, two of whom shall serve for a term 28
54		-	of two years from July 1, 2000, and one of whom shall serve for a term 29
55		-	of three years from July 1, 2000; (2) the speaker of the House of 30
56		-	Representatives and the president pro tempore of the Senate each shall 31
57		-	appoint two trustees, one of whom shall serve for a term of two years 32
58		-	from July 1, 2000, and one of whom shall serve for a term of three years 33
59		-	from July 1, 2000; (3) the majority leader of the House of 34
60		-	Representatives and the majority leader of the Senate each shall 35
61		-	appoint two trustees, one of whom shall serve for a term of one year 36
62		-	from July 1, 2000, and one of whom shall serve for a term of three years 37
63		-	from July 1, 2000; (4) the minority leader of the House of 38
64		-	Representatives and the minority leader of the Senate each shall 39
65		-	appoint two trustees, one of whom shall serve for a term of one year 40
66		-	from July 1, 2000, and one of whom shall serve for a term of two years 41
67		-	from July 1, 2000; and (5) the Secretary of the Office of Policy and 42
68		-	Management, or the secretary's designee, shall serve as an ex-officio 43
69		-	voting member. Following the expiration of such initial terms, 44
70		-	subsequent trustees shall serve for a term of three years. The trustees 45
71		-	shall continue to serve until their successors are appointed or 46
72		-	designated. Any vacancy occurring other than by expiration of term 47
73		-	shall be filled in the same manner as the original appointment for the 48
74		-	balance of the unexpired term. The period of suspension of the board's 49
75		-	operations from July 1, 2003, to June 30, 2005, inclusive, shall not be 50
76		-	included in the term of any trustee serving on July 1, 2003. The trustees 51
77		-	shall serve without compensation except for reimbursement for 52 Substitute Bill No. 6730
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	45	+	shall be used to support the reduction in use of all tobacco and nicotine 15
	46	+	products, including, but not limited to, combustible, noncombustible, 16
	47	+	electronic and synthetic tobacco and nicotine products. 17
	48	+	(b) The trust fund may accept transfers from the Tobacco Settlement 18
	49	+	Fund and may apply for and accept gifts, grants or donations from 19
	50	+	public or private sources to enable the trust fund to carry out its 20
	51	+	objectives. 21
	52	+	(c) The trust fund shall be administered by a board of trustees, except 22
	53	+	that the board shall suspend its operations from July 1, 2003, to June 30, 23
	54	+	2005, inclusive. The board shall consist of seventeen trustees. The 24
	55	+	appointment of the initial trustees shall be as follows: (1) The Governor 25
	56	+	shall appoint four trustees, one of whom shall serve for a term of one 26
	57	+	year from July 1, 2000, two of whom shall serve for a term of two years 27
	58	+	from July 1, 2000, and one of whom shall serve for a term of three years 28
	59	+	from July 1, 2000; (2) the speaker of the House of Representatives and 29
	60	+	the president pro tempore of the Senate each shall appoint two trustees, 30
	61	+	one of whom shall serve for a term of two years from July 1, 2000, and 31
	62	+	one of whom shall serve for a term of three years from July 1, 2000; (3) 32
	63	+	the majority leader of the House of Representatives and the majority 33
	64	+	leader of the Senate each shall appoint two trustees, one of whom shall 34
	65	+	serve for a term of one year from July 1, 2000, and one of whom shall 35
	66	+	serve for a term of three years from July 1, 2000; (4) the minority leader 36
	67	+	of the House of Representatives and the minority leader of the Senate 37
	68	+	each shall appoint two trustees, one of whom shall serve for a term of 38
	69	+	one year from July 1, 2000, and one of whom shall serve for a term of 39
	70	+	two years from July 1, 2000; and (5) the Secretary of the Office of Policy 40
	71	+	and Management, or the secretary's designee, shall serve as an ex-officio 41
	72	+	voting member. Following the expiration of such initial terms, 42
	73	+	subsequent trustees shall serve for a term of three years. The trustees 43
	74	+	shall continue to serve until their successors are appointed or 44
	75	+	designated. Any vacancy occurring other than by expiration of term 45
	76	+	shall be filled in the same manner as the original appointment for the 46
	77	+	balance of the unexpired term. The period of suspension of the board's 47
	78	+	operations from July 1, 2003, to June 30, 2005, inclusive, shall not be 48 Raised Bill No. 6730
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84		-	necessary expenses incurred in performing their duties. The board of 53
85		-	trustees shall establish rules of procedure for the conduct of its 54
86		-	business which shall include, but not be limited to, criteria, processes 55
87		-	and procedures to be used in selecting programs to receive money 56
88		-	from the trust fund. The trust fund shall be within the Office of Policy 57
89		-	and Management for administrative purposes only. The board of 58
90		-	trustees shall, not later than January first of each year, submit a report 59
91		-	of its activities and accomplishments to the joint standing committees 60
92		-	of the General Assembly having cognizance of matters relating to 61
93		-	public health and appropriations and the budgets of state agencies, in 62
94		-	accordance with section 11-4a. 63
95		-	(d) (1) For the fiscal year ending June 30, 2023, and each fiscal year 64
96		-	thereafter, the board of trustees, by majority vote, shall recommend 65
97		-	authorization of disbursement from the trust fund of the amount 66
98		-	deposited in the trust fund for the fiscal year pursuant to subsection (c) 67
99		-	of section 4-28e, for the purposes described in subsection (a) of this 68
100		-	section and section 19a-6d. The board's recommendations shall give 69
101		-	[(i)] (A) priority to [programs that address tobacco and substance 70
102		-	abuse and serve minors, pregnant women and parents of young 71
103		-	children] comprehensive tobacco and nicotine control programs for (i) 72
104		-	prevention of initial tobacco and nicotine product use among youth 73
105		-	and young adults, (ii) smoking cessation directed at adults and youth, 74
106		-	(iii) elimination of exposure to secondhand smoke and aerosol, and (iv) 75
107		-	identification and elimination of tobacco and nicotine-related 76
108		-	disparities, and [(ii)] (B) consideration to the availability of private 77
109		-	matching funds. Recommended disbursements from the trust fund 78
110		-	shall be in addition to any resources that would otherwise be 79
111		-	appropriated by the state for such purposes and programs. 80
112		-	(2) The board of trustees shall submit such recommendations for the 81
113		-	authorization of disbursement from the trust fund to the joint standing 82
114		-	committees of the General Assembly having cognizance of matters 83
115		-	relating to public health and appropriations and the budgets of state 84
116		-	agencies. Not later than thirty days after receipt of such 85 Substitute Bill No. 6730
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	84	+	included in the term of any trustee serving on July 1, 2003. The trustees 49
	85	+	shall serve without compensation except for reimbursement for 50
	86	+	necessary expenses incurred in performing their duties. The board of 51
	87	+	trustees shall establish rules of procedure for the conduct of its business 52
	88	+	which shall include, but not be limited to, criteria, processes and 53
	89	+	procedures to be used in selecting programs to receive money from the 54
	90	+	trust fund. The trust fund shall be within the Office of Policy and 55
	91	+	Management for administrative purposes only. The board of trustees 56
	92	+	shall, not later than January first of each year, submit a report of its 57
	93	+	activities and accomplishments to the joint standing committees of the 58
	94	+	General Assembly having cognizance of matters relating to public 59
	95	+	health and appropriations and the budgets of state agencies, in 60
	96	+	accordance with section 11-4a. 61
	97	+	(d) (1) For the fiscal year ending June 30, 2023, and each fiscal year 62
	98	+	thereafter, the board of trustees, by majority vote, shall recommend 63
	99	+	authorization of disbursement from the trust fund of the amount 64
	100	+	deposited in the trust fund for the fiscal year pursuant to subsection (c) 65
	101	+	of section 4-28e, for the purposes described in subsection (a) of this 66
	102	+	section and section 19a-6d. The board's recommendations shall give [(i)] 67
	103	+	(A) priority to [programs that address tobacco and substance abuse and 68
	104	+	serve minors, pregnant women and parents of young children ] 69
	105	+	comprehensive tobacco and nicotine control programs for the 70
	106	+	prevention of tobacco and nicotine product initiation among youth and 71
	107	+	young adults, smoking cessation directed at adults and youth, 72
	108	+	elimination of exposure to secondhand smoke and aerosol, 73
	109	+	identification and elimination of tobacco and nicotine-related 74
	110	+	disparities, and [(ii)] (B) consideration to the availability of private 75
	111	+	matching funds. Recommended disbursements from the trust fund shall 76
	112	+	be in addition to any resources that would otherwise be appropriated 77
	113	+	by the state for such purposes and programs. 78
	114	+	(2) The board of trustees shall submit such recommendations for the 79
	115	+	authorization of disbursement from the trust fund to the joint standing 80
	116	+	committees of the General Assembly having cognizance of matters 81
	117	+	relating to public health and appropriations and the budgets of state 82 Raised Bill No. 6730
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123		-	recommendations, said committees shall advise the board of their 86
124		-	approval, modifications, if any, or rejection of the board's 87
125		-	recommendations. If said joint standing committees do not concur, the 88
126		-	speaker of the House of Representatives, the president pro tempore of 89
127		-	the Senate, the majority leader of the House of Representatives, the 90
128		-	majority leader of the Senate, the minority leader of the House of 91
129		-	Representatives and the minority leader of the Senate each shall 92
130		-	appoint one member from each of said joint standing committees to 93
131		-	serve as a committee on conference. The committee on conference shall 94
132		-	submit its report to both committees, which shall vote to accept or 95
133		-	reject the report. The report of the committee on conference may not be 96
134		-	amended. If a joint standing committee rejects the report of the 97
135		-	committee on conference, the board's recommendations shall be 98
136		-	deemed approved. If the joint standing committees accept the report of 99
137		-	the committee on conference, the joint standing committee having 100
138		-	cognizance of matters relating to appropriations and the budgets of 101
139		-	state agencies shall advise the board of said joint standing committees' 102
140		-	approval or modifications, if any, of the board's recommended 103
141		-	disbursement. If said joint standing committees do not act within thirty 104
142		-	days after receipt of the board's recommendations for the 105
143		-	authorization of disbursement, such recommendations shall be 106
144		-	deemed approved. Disbursement from the trust fund shall be in 107
145		-	accordance with the board's recommendations as approved or 108
146		-	modified by said joint standing committees. 109
147		-	(3) After such recommendations for the authorization of 110
148		-	disbursement have been approved or modified pursuant to 111
149		-	subdivision (2) of this subsection, any modification in the amount of an 112
150		-	authorized disbursement in excess of fifty thousand dollars or ten per 113
151		-	cent of the authorized amount, whichever is less, shall be submitted to 114
152		-	said joint standing committees and approved, modified or rejected in 115
153		-	accordance with the procedure set forth in subdivision (2) of this 116
154		-	subsection. Notification of all disbursements from the trust fund made 117
155		-	pursuant to this section shall be sent to the joint standing committees 118
156		-	of the General Assembly having cognizance of matters relating to 119 Substitute Bill No. 6730
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	122	+
	123	+	agencies. Not later than thirty days after receipt of such 83
	124	+	recommendations, said committees shall advise the board of their 84
	125	+	approval, modifications, if any, or rejection of the board's 85
	126	+	recommendations. If said joint standing committees do not concur, the 86
	127	+	speaker of the House of Representatives, the president pro tempore of 87
	128	+	the Senate, the majority leader of the House of Representatives, the 88
	129	+	majority leader of the Senate, the minority leader of the House of 89
	130	+	Representatives and the minority leader of the Senate each shall appoint 90
	131	+	one member from each of said joint standing committees to serve as a 91
	132	+	committee on conference. The committee on conference shall submit its 92
	133	+	report to both committees, which shall vote to accept or reject the report. 93
	134	+	The report of the committee on conference may not be amended. If a 94
	135	+	joint standing committee rejects the report of the committee on 95
	136	+	conference, the board's recommendations shall be deemed approved. If 96
	137	+	the joint standing committees accept the report of the committee on 97
	138	+	conference, the joint standing committee having cognizance of matters 98
	139	+	relating to appropriations and the budgets of state agencies shall advise 99
	140	+	the board of said joint standing committees' approval or modifications, 100
	141	+	if any, of the board's recommended disbursement. If said joint standing 101
	142	+	committees do not act within thirty days after receipt of the board's 102
	143	+	recommendations for the authorization of disbursement, such 103
	144	+	recommendations shall be deemed approved. Disbursement from the 104
	145	+	trust fund shall be in accordance with the board's recommendations as 105
	146	+	approved or modified by said joint standing committees. 106
	147	+	(3) After such recommendations for the authorization of 107
	148	+	disbursement have been approved or modified pursuant to subdivision 108
	149	+	(2) of this subsection, any modification in the amount of an authorized 109
	150	+	disbursement in excess of fifty thousand dollars or ten per cent of the 110
	151	+	authorized amount, whichever is less, shall be submitted to said joint 111
	152	+	standing committees and approved, modified or rejected in accordance 112
	153	+	with the procedure set forth in subdivision (2) of this subsection. 113
	154	+	Notification of all disbursements from the trust fund made pursuant to 114
	155	+	this section shall be sent to the joint standing committees of the General 115
	156	+	Assembly having cognizance of matters relating to public health and 116 Raised Bill No. 6730
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163		-	public health and appropriations and the budgets of state agencies, 120
164		-	through the Office of Fiscal Analysis. 121
165		-	(4) The board of trustees shall submit a biennial report to the joint 122
166		-	standing committees of the General Assembly having cognizance of 123
167		-	matters relating to public health and appropriations and the budgets of 124
168		-	state agencies, in accordance with the provisions of section 11-4a. Such 125
169		-	report shall include, but need not be limited to, an accounting of the 126
170		-	unexpended amount in the trust fund, if any, all disbursements and 127
171		-	other expenditures from the trust fund and an evaluation of the 128
172		-	performance and impact of each program receiving funds from the 129
173		-	trust fund. Such report shall also include the measurable outcome and 130
174		-	evaluation criteria and application process used to select programs to 131
175		-	receive such funds. 132
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	161	+
	162	+	appropriations and the budgets of state agencies, through the Office of 117
	163	+	Fiscal Analysis. 118
	164	+	(4) The board of trustees shall submit a biennial report to the joint 119
	165	+	standing committees of the General Assembly having cognizance of 120
	166	+	matters relating to public health and appropriations and the budgets of 121
	167	+	state agencies, in accordance with the provisions of section 11-4a. Such 122
	168	+	report shall include, but need not be limited to, an accounting of the 123
	169	+	unexpended amount in the trust fund, if any, all disbursements and 124
	170	+	other expenditures from the trust fund and an evaluation of the 125
	171	+	performance and impact of each program receiving funds from the trust 126
	172	+	fund. Such report shall also include the measurable outcome and 127
	173	+	evaluation criteria and application process used to select programs to 128
	174	+	receive such funds. 129
	175	+	Sec. 2. Subsection (d) of section 53-344 of the general statutes is 130
	176	+	repealed and the following is substituted in lieu thereof (Effective July 1, 131
	177	+	2023): 132
	178	+	[(d) (1) A seller or seller's agent or employee shall request that each 133
	179	+	person intending to purchase cigarettes or a tobacco product present a 134
	180	+	driver's license or identity card to establish that such person is twenty-135
	181	+	one years of age or older.] 136
	182	+	[(2)] (1) A seller or seller's agent or employee may perform a 137
	183	+	transaction scan to check the validity of a driver's license or identity card 138
	184	+	presented by a cardholder as a condition for selling, giving away or 139
	185	+	otherwise distributing cigarettes or a tobacco product to the cardholder. 140
	186	+	[(3)] (2) If the information deciphered by the transaction scan 141
	187	+	performed under subdivision [(2)] (1) of this subsection fails to match 142
	188	+	the information printed on the driver's license or identity card presented 143
	189	+	by the cardholder, or if the transaction scan indicates that the 144
	190	+	information so printed is false or fraudulent, neither the seller nor any 145
	191	+	seller's agent or employee shall sell, give away or otherwise distribute 146
	192	+	any cigarettes or a tobacco product to the cardholder. 147 Raised Bill No. 6730
	193	+
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	198	+	[(4)] (3) Subdivision [(2)] (1) of this subsection does not preclude a 148
	199	+	seller or seller's agent or employee from using a transaction scan device 149
	200	+	to check the validity of a document other than a driver's license or an 150
	201	+	identity card, if the document includes a bar code or magnetic strip that 151
	202	+	may be scanned by the device, as a condition for selling, giving away or 152
	203	+	otherwise distributing cigarettes or a tobacco product to the person 153
	204	+	presenting the document. 154
176	205		This act shall take effect as follows and shall amend the following
177	206		sections:
178	207
179	208		Section 1 July 1, 2023 4-28f
	209	+	Sec. 2 July 1, 2023 53-344(d)
180	210
181		-	PH Joint Favorable Subst.
	211	+	Statement of Purpose:
	212	+	To implement the Department of Public Health's recommendations
	213	+	regarding (1) the Tobacco and Health Trust Fund's purposes; and (2) the
	214	+	requirement for sellers to check the identification of the purchaser prior
	215	+	to selling cigarettes or tobacco products.
	216	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	217	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	218	+	underlined.]
182	219