LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06730-R01- HB.docx 1 of 5 General Assembly Substitute Bill No. 6730 January Session, 2023 AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS REGARDING THE TOBACCO AND HEALTH TRUST FUND. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 4-28f of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2023): 2 (a) There is created a Tobacco and Health Trust Fund which shall be 3 a separate nonlapsing fund. The purpose of the trust fund shall be to 4 create a continuing significant source of funds to [(1)] support and 5 encourage development of programs to reduce tobacco [abuse] and 6 nicotine use through prevention, education and cessation programs [, 7 (2) support and encourage development of programs to reduce 8 substance abuse, and (3) develop and implement programs to meet the 9 unmet physical and mental health needs in the state] that use 10 evidence-based best practices regarding (1) state and community 11 interventions, (2) communication methods to disseminate health 12 information to a wide audience, (3) cessation interventions, (4) 13 surveillance and evaluation, and (5) infrastructure, administration and 14 management. The trust fund shall be used to support the reduction in 15 use of all tobacco and nicotine products, including, but not limited to, 16 combustible, noncombustible, electronic and synthetic tobacco and 17 nicotine products. 18 Substitute Bill No. 6730 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06730- R01-HB.docx } 2 of 5 (b) The trust fund may accept transfers from the Tobacco Settlement 19 Fund and may apply for and accept gifts, grants, [or] donations, 20 assignments or transfers from public or private sources to enable the 21 trust fund to carry out its objectives. 22 (c) The trust fund shall be administered by a board of trustees, 23 except that the board shall suspend its operations from July 1, 2003, to 24 June 30, 2005, inclusive. The board shall consist of seventeen trustees. 25 The appointment of the initial trustees shall be as follows: (1) The 26 Governor shall appoint four trustees, one of whom shall serve for a 27 term of one year from July 1, 2000, two of whom shall serve for a term 28 of two years from July 1, 2000, and one of whom shall serve for a term 29 of three years from July 1, 2000; (2) the speaker of the House of 30 Representatives and the president pro tempore of the Senate each shall 31 appoint two trustees, one of whom shall serve for a term of two years 32 from July 1, 2000, and one of whom shall serve for a term of three years 33 from July 1, 2000; (3) the majority leader of the House of 34 Representatives and the majority leader of the Senate each shall 35 appoint two trustees, one of whom shall serve for a term of one year 36 from July 1, 2000, and one of whom shall serve for a term of three years 37 from July 1, 2000; (4) the minority leader of the House of 38 Representatives and the minority leader of the Senate each shall 39 appoint two trustees, one of whom shall serve for a term of one year 40 from July 1, 2000, and one of whom shall serve for a term of two years 41 from July 1, 2000; and (5) the Secretary of the Office of Policy and 42 Management, or the secretary's designee, shall serve as an ex-officio 43 voting member. Following the expiration of such initial terms, 44 subsequent trustees shall serve for a term of three years. The trustees 45 shall continue to serve until their successors are appointed or 46 designated. Any vacancy occurring other than by expiration of term 47 shall be filled in the same manner as the original appointment for the 48 balance of the unexpired term. The period of suspension of the board's 49 operations from July 1, 2003, to June 30, 2005, inclusive, shall not be 50 included in the term of any trustee serving on July 1, 2003. The trustees 51 shall serve without compensation except for reimbursement for 52 Substitute Bill No. 6730 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06730- R01-HB.docx } 3 of 5 necessary expenses incurred in performing their duties. The board of 53 trustees shall establish rules of procedure for the conduct of its 54 business which shall include, but not be limited to, criteria, processes 55 and procedures to be used in selecting programs to receive money 56 from the trust fund. The trust fund shall be within the Office of Policy 57 and Management for administrative purposes only. The board of 58 trustees shall, not later than January first of each year, submit a report 59 of its activities and accomplishments to the joint standing committees 60 of the General Assembly having cognizance of matters relating to 61 public health and appropriations and the budgets of state agencies, in 62 accordance with section 11-4a. 63 (d) (1) For the fiscal year ending June 30, 2023, and each fiscal year 64 thereafter, the board of trustees, by majority vote, shall recommend 65 authorization of disbursement from the trust fund of the amount 66 deposited in the trust fund for the fiscal year pursuant to subsection (c) 67 of section 4-28e, for the purposes described in subsection (a) of this 68 section and section 19a-6d. The board's recommendations shall give 69 [(i)] (A) priority to [programs that address tobacco and substance 70 abuse and serve minors, pregnant women and parents of young 71 children] comprehensive tobacco and nicotine control programs for (i) 72 prevention of initial tobacco and nicotine product use among youth 73 and young adults, (ii) smoking cessation directed at adults and youth, 74 (iii) elimination of exposure to secondhand smoke and aerosol, and (iv) 75 identification and elimination of tobacco and nicotine-related 76 disparities, and [(ii)] (B) consideration to the availability of private 77 matching funds. Recommended disbursements from the trust fund 78 shall be in addition to any resources that would otherwise be 79 appropriated by the state for such purposes and programs. 80 (2) The board of trustees shall submit such recommendations for the 81 authorization of disbursement from the trust fund to the joint standing 82 committees of the General Assembly having cognizance of matters 83 relating to public health and appropriations and the budgets of state 84 agencies. Not later than thirty days after receipt of such 85 Substitute Bill No. 6730 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06730- R01-HB.docx } 4 of 5 recommendations, said committees shall advise the board of their 86 approval, modifications, if any, or rejection of the board's 87 recommendations. If said joint standing committees do not concur, the 88 speaker of the House of Representatives, the president pro tempore of 89 the Senate, the majority leader of the House of Representatives, the 90 majority leader of the Senate, the minority leader of the House of 91 Representatives and the minority leader of the Senate each shall 92 appoint one member from each of said joint standing committees to 93 serve as a committee on conference. The committee on conference shall 94 submit its report to both committees, which shall vote to accept or 95 reject the report. The report of the committee on conference may not be 96 amended. If a joint standing committee rejects the report of the 97 committee on conference, the board's recommendations shall be 98 deemed approved. If the joint standing committees accept the report of 99 the committee on conference, the joint standing committee having 100 cognizance of matters relating to appropriations and the budgets of 101 state agencies shall advise the board of said joint standing committees' 102 approval or modifications, if any, of the board's recommended 103 disbursement. If said joint standing committees do not act within thirty 104 days after receipt of the board's recommendations for the 105 authorization of disbursement, such recommendations shall be 106 deemed approved. Disbursement from the trust fund shall be in 107 accordance with the board's recommendations as approved or 108 modified by said joint standing committees. 109 (3) After such recommendations for the authorization of 110 disbursement have been approved or modified pursuant to 111 subdivision (2) of this subsection, any modification in the amount of an 112 authorized disbursement in excess of fifty thousand dollars or ten per 113 cent of the authorized amount, whichever is less, shall be submitted to 114 said joint standing committees and approved, modified or rejected in 115 accordance with the procedure set forth in subdivision (2) of this 116 subsection. Notification of all disbursements from the trust fund made 117 pursuant to this section shall be sent to the joint standing committees 118 of the General Assembly having cognizance of matters relating to 119 Substitute Bill No. 6730 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06730- R01-HB.docx } 5 of 5 public health and appropriations and the budgets of state agencies, 120 through the Office of Fiscal Analysis. 121 (4) The board of trustees shall submit a biennial report to the joint 122 standing committees of the General Assembly having cognizance of 123 matters relating to public health and appropriations and the budgets of 124 state agencies, in accordance with the provisions of section 11-4a. Such 125 report shall include, but need not be limited to, an accounting of the 126 unexpended amount in the trust fund, if any, all disbursements and 127 other expenditures from the trust fund and an evaluation of the 128 performance and impact of each program receiving funds from the 129 trust fund. Such report shall also include the measurable outcome and 130 evaluation criteria and application process used to select programs to 131 receive such funds. 132 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2023 4-28f PH Joint Favorable Subst.