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1 1 Section 1. NEW SECTION. 142A.1 TOBACCO USE PREVENTION
1 2 AND CONTROL PARTNERSHIP – PURPOSE AND INTENT.
1 3 1. The purpose of this chapter is to establish a
1 4 comprehensive partnership among the general assembly, the
1 5 executive branch, communities, and the people of Iowa in
1 6 addressing the prevalence of tobacco use in the state.
1 7 2. It is the intent of the general assembly that the
1 8 comprehensive tobacco use prevention and control initiative
1 9 established in this chapter will specifically address
1 10 reduction of tobacco use by youth and pregnant women,
1 11 promotion of compliance by minors and retailers with tobacco
1 12 sales laws and ordinances, and enhancement of the capacity of
1 13 youth to make healthy choices, and provide for extensive
1 14 involvement of youth in attaining these results.
1 15 3. It is also the intent of the general assembly that the
1 16 comprehensive tobacco use prevention and control initiative
1 17 will evolve to create a social and legal climate in which
1 18 tobacco use becomes undesirable and unacceptable, in which
1 19 role models and those who influence youth promote healthy
1 20 social norms, and demonstrate behavior that counteracts the
1 21 glamorization of tobacco use, and in which tobacco becomes
1 22 less accessible. The evolution of the initiative shall be
1 23 accomplished by engaging all who are affected by the use of
1 24 tobacco in the state, including smokers and nonsmokers, youth,
1 25 and adults.
1 26 Sec. 2. NEW SECTION. 142A.2 DEFINITIONS.
1 27 As used in this chapter, unless the context otherwise
1 28 requires:
1 29 1. "Administrator" means the administrator of the division
1 30 of tobacco use prevention and control.
1 31 2. "Alcoholic beverage" means alcoholic beverage as
1 32 defined in section 123.3.
1 33 3. "Commission" means the commission on tobacco use
1 34 prevention and control established in this chapter.
1 35 4. "Community partnership" means a public agency or
2 1 nonprofit organization implementing the tobacco use prevention
2 2 and control initiative in a local area in accordance with this
2 3 chapter.
2 4 5. "Department" means the Iowa department of public
2 5 health.
2 6 6. "Director" means the director of public health.
2 7 7. "Distributor" means distributor as defined in section
2 8 453A.1.
2 9 8. "Division" means the division of tobacco use prevention
2 10 and control of the Iowa department of public health,
2 11 established pursuant to this chapter.
2 12 9. "Importer" means importer as defined in section 123.3.
2 13 10. "Initiative" means the comprehensive tobacco use
2 14 prevention and control initiative established in this chapter.
2 15 11. "Manufacture" with regard to alcoholic beverages,
2 16 means manufacture as defined in section 123.3.
2 17 12. "Manufacturer" means manufacturer as defined in
2 18 section 453A.1.
2 19 13. "Pregnant woman" means a female of any age who is
2 20 pregnant.
2 21 14. "Retailer" means retailer as defined in section
2 22 453A.1.
2 23 15. "School-age youth" means a person attending school in
2 24 kindergarten through grade twelve.
2 25 16. "Tobacco" means both cigarettes and tobacco products
2 26 as defined in section 453A.1.
2 27 17. "Youth" means a person who is five through twenty-four
2 28 years of age.
2 29 Sec. 3. NEW SECTION. 142A.3 TOBACCO USE PREVENTION AND
2 30 CONTROL – DIVISION – COMMISSION – CREATED.
2 31 1. The department shall establish, as a separate and
2 32 distinct division within the department, a division of tobacco
2 33 use prevention and control. The division shall develop,
2 34 implement, and administer the initiative established in this
2 35 chapter and shall perform other duties as directed by this
3 1 chapter or as assigned by the director of public health.
3 2 2. A commission on tobacco use prevention and control is
3 3 established to develop policy, provide direction for the
3 4 initiative, and perform all other duties as directed by this
3 5 chapter or referred to the commission by the director of
3 6 public health.
3 7 3. The commission shall consist of the following voting
3 8 members who shall serve three-year, staggered terms:
3 9 a. Three members who are active with nonprofit health
3 10 organizations, at the local level, that emphasize tobacco use
3 11 prevention.
3 12 b. Two members who are active as health services providers
3 13 at the local level.
3 14 c. Two members who are retailers.
3 15 d. Three members who are active with health promotion
3 16 activities at the local level in youth education, law
3 17 enforcement, nonprofit services, or other activities relating
3 18 to tobacco use prevention and control.
3 19 Following initial appointments to the commission, the
3 20 members appointed under this subsection shall be appointed by
3 21 the governor, subject to confirmation by the senate, pursuant
3 22 to section 2.32 and 69.19.
3 23 4. In addition to the members described in subsection 3,
3 24 the membership of the commission shall include five voting
3 25 members who are selected by the participants in the annual
3 26 statewide youth summit of the initiative's youth program. The
3 27 selection process shall provide that each of the state's
3 28 congressional districts is represented. These members shall
3 29 also serve three-year staggered terms.
3 30 5. The commission shall also include the following ex
3 31 officio, nonvoting members:
3 32 a. Four members of the general assembly, with not more
3 33 than one member from each chamber being from the same
3 34 political party. The two senators shall be appointed by the
3 35 majority leader of the senate following consultation with the
4 1 president of the senate and the minority leader of the senate.
4 2 The two representatives shall be appointed by the speaker of
4 3 the house of representatives after consultation with the
4 4 majority and minority leaders of the house of representatives.
4 5 b. The presiding officer of the statewide youth executive
4 6 body, selected by the delegates to the statewide youth summit.
4 7 6. In addition to the members of the council, the
4 8 following agencies, organizations, and persons shall each
4 9 assign a single liaison to the commission to provide
4 10 assistance to the commission in the discharge of the
4 11 commission's duties:
4 12 a. The department of education.
4 13 b. The drug policy coordinator.
4 14 c. The department of justice, office of the attorney
4 15 general.
4 16 d. The department of human services.
4 17 7. Citizen members shall be reimbursed for actual and
4 18 necessary expenses incurred in performance of their duties.
4 19 Citizen members shall be paid a per diem as specified in
4 20 section 7E.6. Legislative members are eligible for per diem
4 21 and expenses as provided in section 2.10.
4 22 8. A member of the commission who is convicted of a crime
4 23 relating to tobacco, alcohol, or controlled substances is
4 24 subject to removal from the commission.
4 25 9. The commission shall designate an advisory council.
4 26 The commission shall determine the membership and
4 27 representation of the advisory council and members of the
4 28 council shall serve at the pleasure of the commission. The
4 29 advisory council may include representatives of health care
4 30 provider groups, parent groups, antitobacco advocacy programs
4 31 and organizations, tobacco retailers, research and evaluation
4 32 experts, and youth organizers.
4 33 10. A vacancy on the commission other than for the youth
4 34 members shall be filled in the same manner as the original
4 35 appointment for the balance of the unexpired term. A youth
5 1 member vacancy shall be filled by the presiding officer of the
5 2 statewide executive body as selected by the delegates to the
5 3 statewide youth summit. The commission shall elect a
5 4 chairperson from among its voting members and may select other
5 5 officers from among its voting members, as determined
5 6 necessary by the commission. The commission shall meet
5 7 regularly as determined by the commission, upon the call of
5 8 the chairperson, or upon the call of a majority of the voting
5 9 members.
5 10 Sec. 4. NEW SECTION. 142A.4 COMMISSION DUTIES.
5 11 The commission shall do all of the following:
5 12 1. Develop and implement the comprehensive tobacco use
5 13 prevention and control initiative as provided in this chapter.
5 14 2. Provide a forum for the discussion, development, and
5 15 recommendation of public policy alternatives in the field of
5 16 tobacco use prevention and control.
5 17 3. Develop an educational component of the initiative.
5 18 Educational efforts provided through the school system shall
5 19 be developed in conjunction with the department of education.
5 20 4. Develop a plan for evolution of the initiative in
5 21 accordance with the purpose and intent specified in section
5 22 142A.1.
5 23 5. Provide technical assistance, training, and other
5 24 support under the initiative.
5 25 6. Take actions to develop and implement a statewide
5 26 system for the initiative programs that are delivered through
5 27 community partnerships.
5 28 7. Manage and coordinate the provision of funding and
5 29 other moneys available to the initiative by combining all or
5 30 portions of appropriations or other revenues as authorized by
5 31 law.
5 32 8. Assist with the linkage of the initiative with child
5 33 welfare and juvenile justice decategorization projects,
5 34 education programming, community empowerment areas, and other
5 35 programs and services directed to youth at the state and
6 1 community level.
6 2 9. Coordinate and respond to any requests from a community
6 3 partnership relating to any of the following:
6 4 a. Removal of barriers to community partnership efforts.
6 5 b. Pooling and redirecting of existing federal, state, or
6 6 other public or private funds available for purposes that are
6 7 consistent with the initiative.
6 8 c. Seeking of federal waivers to assist community
6 9 partnership efforts.
6 10 In coordinating and responding to the requests, the
6 11 commission shall work with state agencies, the governor, and
6 12 the general assembly as necessary to address requests deemed
6 13 appropriate by the commission.
6 14 10. Adopt rules pursuant to chapter 17A as necessary for
6 15 the designation, governance, and oversight of the initiative
6 16 and the implementation of this chapter. The commission shall
6 17 provide for community partnership and youth program input in
6 18 the rules adoption process. The rules shall include but are
6 19 not limited to all of the following:
6 20 a. Performance indicators for initiative programs,
6 21 community partnerships, and the services provided under the
6 22 auspices of community partnerships. The performance
6 23 indicators shall be developed with input from communities.
6 24 b. Minimum standards to further the provision of equal
6 25 access to services.
6 26 11. Monitor and evaluate the effectiveness of performance
6 27 measures utilized under the initiative.
6 28 12. Submit a report to the governor and the general
6 29 assembly on a periodic basis, during the initial year of
6 30 operation, and on an annual basis thereafter, regarding the
6 31 initiative, including demonstrated progress based on
6 32 performance indicators. The commission shall report more
6 33 frequently if requested by the joint appropriations
6 34 subcommittee that makes recommendations concerning the
6 35 commission's budget.
7 1 13. Approve contracts entered into with the alcoholic
7 2 beverages division of the department of commerce, to provide
7 3 for enforcement of tobacco laws and regulations.
7 4 14. Advise the director in evaluating potential candidates
7 5 for the position of administrator, consult with the director
7 6 in the hiring of the administrator, and review and advise the
7 7 director on the performance of the administrator in the
7 8 discharge of the administrator's duties.
7 9 15. Prioritize funding needs and the allocation of moneys
7 10 appropriated and other resources available for the programs
7 11 and activities of the initiative.
7 12 16. Ensure that sufficient resources are available to
7 13 promote and ensure retailer compliance with tobacco laws and
7 14 ordinances relating to minors and ensure that compliance with
7 15 42 U.S.C. } 300X-26 is prioritized when allocating funds under
7 16 this chapter.
7 17 17. Review fiscal needs of the initiative and make
7 18 recommendations to the director in the development of budget
7 19 requests.
7 20 18. Solicit and accept any gift of money or property,
7 21 including any grant of money, services, or property from the
7 22 federal government, the state, a political subdivision, or a
7 23 private source that is consistent with the goals of the
7 24 initiative. Such gifts shall not be accepted from
7 25 manufactures or distributors of tobacco products or from
7 26 importers of or persons who manufacture alcoholic beverages.
7 27 19. Advise and make recommendations to the governor, the
7 28 general assembly, the director, and the administrator,
7 29 relative to tobacco use, treatment, intervention, prevention,
7 30 control, and education programs in the state.
7 31 20. Evaluate the work of the division and the department
7 32 relating to the initiative. For this purpose, the commission
7 33 shall have access to any relevant department records and
7 34 documents, and other information reasonably obtainable by the
7 35 department.
8 1 21. Develop the structure for the statewide youth summit
8 2 to be held annually.
8 3 Sec. 5. NEW SECTION. 142A.5 DIRECTOR AND ADMINISTRATOR
8 4 DUTIES.
8 5 1. The director shall do all of the following:
8 6 a. Establish and maintain the division of tobacco use
8 7 prevention and control.
8 8 b. Employ a division administrator who shall be
8 9 responsible for the administration and oversight of the
8 10 division. The administrator shall be exempt from the merit
8 11 system provisions of chapter 19A.
8 12 c. Coordinate all tobacco use prevention and enforcement
8 13 programs and activities under the purview of the department.
8 14 d. Receive and review budget recommendations from the
8 15 commission. The director shall consider these recommendations
8 16 in developing the budget request for the department.
8 17 e. Enter into contracts with the alcoholic beverages
8 18 division of the department of commerce, to provide enforcement
8 19 of tobacco laws and regulations. Such contracts shall provide
8 20 that enforcement efforts shall include training of local
8 21 authorities that issue retailer permits in the procedure for
8 22 suspension or revocation of a permit.
8 23 2. The administrator shall do all of the following:
8 24 a. Implement the initiative, coordinate the activities of
8 25 the commission and the initiative, and coordinate other
8 26 tobacco prevention and control activities as assigned by the
8 27 director.
8 28 b. Monitor and evaluate the effectiveness of performance
8 29 measures.
8 30 c. Provide staff and administrative support to the
8 31 commission.
8 32 d. Administer contracts entered into under this chapter.
8 33 e. Coordinate and cooperate with other tobacco use
8 34 prevention and enforcement programs within and outside of the
8 35 state.
9 1 f. Coordinate the efforts of the division with tobacco law
9 2 enforcement programs funded through the commission.
9 3 Sec. 6. NEW SECTION. 142A.6 COMPREHENSIVE TOBACCO USE
9 4 PREVENTION AND CONTROL INITIATIVE ESTABLISHED – PURPOSE –
9 5 RESULTS.
9 6 1. A comprehensive tobacco use prevention and control
9 7 initiative is established. The division shall implement the
9 8 initiative as provided in this chapter.
9 9 2. The purpose of the initiative is to attain the
9 10 following results:
9 11 a. Reduction of tobacco use by youth.
9 12 b. Strong, active youth involvement in activities to
9 13 prevent youth tobacco use and to promote cessation of youth
9 14 tobacco use.
9 15 c. Enhanced capacity of youth to make healthy choices.
9 16 d. Reduction of tobacco use by pregnant women who
9 17 currently use tobacco but desire to terminate tobacco use and
9 18 participate in cessation efforts.
9 19 e. Increased compliance by minors and retailers with
9 20 tobacco sales laws and ordinances.
9 21 3. Success in achieving the initiative's desired results
9 22 may be demonstrated by a minimum of the following:
9 23 a. Data demonstrating consistent progress in reducing the
9 24 prevalence of tobacco use among youth and adults.
9 25 b. Survey results indicating widespread support among
9 26 youth for the initiative's tobacco use prevention and control
9 27 activities, for programs that enhance the ability of youth to
9 28 make healthy choices including those related to use of
9 29 tobacco, alcohol, and other substances, and for the media,
9 30 marketing, and communications efforts supporting the
9 31 initiative's desired results. Any survey conducted shall also
9 32 include an assessment of the effectiveness of tobacco use
9 33 prevention and control activities in affecting other unhealthy
9 34 behaviors including sexual activity and violent behavior.
9 35 c. Data demonstrating increased compliance by minors and
10 1 retailers with tobacco sales laws and ordinances.
10 2 4. The division shall implement the initiative in a manner
10 3 that ensures that youth are extensively involved in the
10 4 decision making for the programs implemented under the
10 5 initiative. The initiative shall also involve parents,
10 6 schools, and community members in activities to achieve the
10 7 results desired for the initiative. The division shall
10 8 encourage collaboration at the state and local levels to
10 9 maximize available resources and to provide flexibility to
10 10 support community efforts.
10 11 5. Notwithstanding chapter 18 or any other provision of
10 12 law to the contrary, goods and services necessary to implement
10 13 the initiative may be procured without competitive bidding,
10 14 subject to approval of the commission.
10 15 Sec. 7. NEW SECTION. 142A.7 INITIATIVE COMPONENTS.
10 16 1. The initiative shall include but is not limited to all
10 17 of the following:
10 18 a. Youth programs, designed to achieve the initiative's
10 19 desired results, that are directed by youth participants for
10 20 youth.
10 21 b. A media, marketing, and communications program to
10 22 achieve the initiative's desired results. Advertising shall
10 23 not include the name, voice, or likeness of any elected or
10 24 appointed public official or of any candidate for elective
10 25 office.
10 26 c. Independent evaluation of each component of the
10 27 initiative.
10 28 d. Ongoing assessment of data, review of indicators used
10 29 in assessing the effectiveness of the initiative, and
10 30 evaluation of the initiative, its programs, and its marketing
10 31 strategy. The initial baseline used to subsequently measure
10 32 the effectiveness of the initiative shall be developed using
10 33 existing, available indicators and data sources. Following
10 34 development of the initial baseline, indicators of the
10 35 effectiveness of the initiative shall be reviewed on at least
11 1 an annual basis to ensure that the indicators used most
11 2 accurately provide for measurement of such effectiveness. The
11 3 data assessed may include data demonstrating the prevalence of
11 4 tobacco use among youth and pregnant women, the prevalence of
11 5 the use of alcohol and other substances among youth, and the
11 6 effectiveness of tobacco promotional activities. The data
11 7 assessed may also include data demonstrating the prevalence of
11 8 other youth and adult behaviors, attitudes, knowledge, and
11 9 beliefs including those related to the prevalence of sexual
11 10 activity among youth and the effectiveness of pregnancy
11 11 prevention measures, and the prevalence of violent behavior
11 12 among youth.
11 13 2. Administrative costs associated with each program of
11 14 the initiative and program provider shall be established at a
11 15 reasonable level consistent with effective management
11 16 practices.
11 17 3. Requests for information or for proposals shall
11 18 emphasize that performance measures are required for any
11 19 contract or allocation of funding under the initiative.
11 20 Sec. 8. NEW SECTION. 142A.8 COMMUNITY PARTNERSHIPS.
11 21 1. A community partnership is a public agency or nonprofit
11 22 organization operating in a local area under contract with the
11 23 department to implement the initiative in that local area
11 24 utilizing broad community involvement.
11 25 2. A community partnership area shall encompass a county
11 26 or multicounty area, school district or multischool district
11 27 area, or community empowerment area, in accordance with
11 28 criteria adopted by the commission for appropriate population
11 29 levels and size of geographic areas.
11 30 3. The commission shall adopt rules pursuant to chapter
11 31 17A providing procedures for the initial designation of
11 32 community partnership areas and for subsequent changes to the
11 33 initially designated areas.
11 34 4. The requirements for contracts entered into by a
11 35 community partnership and the department shall include but are
12 1 not limited to all of the following:
12 2 a. Administrative functions.
12 3 b. Fiscal provisions.
12 4 c. Community and youth involvement in program and
12 5 administrative decisions.
12 6 d. Law enforcement involvement.
12 7 Sec. 9. NEW SECTION. 142A.9 YOUTH PROGRAM.
12 8 1. A youth program component shall be implemented in each
12 9 community partnership area to achieve the purposes of the
12 10 initiative.
12 11 2. The youth program shall include but is not limited to
12 12 all of the following:
12 13 a. A structure for program participants to interact with
12 14 other participating youth within the community partnership
12 15 area and in other areas of the state.
12 16 b. A structure for formal youth involvement in youth
12 17 program governance at the community partnership area level and
12 18 in a statewide youth summit or summits consisting of
12 19 participation by representatives of the community partnership
12 20 area level.
12 21 c. A structure for participation in a statewide executive
12 22 body consisting of participants selected by the delegates to
12 23 the statewide youth summit of the youth program.
12 24 d. Youth activities that are character-based and focused
12 25 on rewarding appropriate values, behavior, and healthy choices
12 26 by participants.
12 27 3. To the greatest extent possible, the youth program
12 28 shall be directed by youth for youth participants. In
12 29 addition, the state and local administrators associated with
12 30 the initiative shall consult with and utilize the youth
12 31 program participants in the media, marketing, and
12 32 communications program, education efforts, evaluation,
12 33 collaboration, enforcement, and other aspects of the
12 34 initiative.
12 35 Sec. 10. NEW SECTION. 142A.10 FUNDING OF PROGRAMS
13 1 DELIVERED THROUGH COMMUNITY PARTNERSHIPS.
13 2 1. The commission shall develop and implement a statewide
13 3 system for the initiative programs that are delivered through
13 4 community partnerships.
13 5 2. The system shall provide for equitable allocation of
13 6 funding for initiative programs among the state's community
13 7 partnership areas, based upon school-age population and other
13 8 criteria established by the commission.
13 9 3. The specific programs, distribution provisions, and
13 10 other provisions approved by the commission for expenditure of
13 11 the maximum allocation amount established for a community
13 12 partnership area shall be outlined in the written contract
13 13 with the community partnership.
13 14 4. Any allocation received by a community partnership
13 15 shall be matched with local funding, in-kind services, office
13 16 support, or other tangible support or offset of costs.
13 17 Sec. 11. NEW SECTION. 142A.11 REPEAL.
13 18 This chapter is repealed June 30, 2005.
13 19 Sec. 12. INITIAL APPOINTMENTS.
13 20 1. The initial appointments to the commission on tobacco
13 21 use prevention and control of the members who are not youth
13 22 members selected at the youth summit or who are not commission
13 23 nonvoting members, as established by this Act, are as follows:
13 24 a. Three members to a one-year term.
13 25 b. Three members to a two-year term.
13 26 c. Four members to a three-year term.
13 27 2. The initial youth appointments shall be as follows:
13 28 a. One member to a one-year term.
13 29 b. Two members to a two-year term.
13 30 c. Two members to a three-year term.
13 31 3. The initial appointments to the commission on tobacco
13 32 use prevention and control who are not youth members selected
13 33 at the annual youth summit or who are not commission nonvoting
13 34 members shall be made by the governor from a nominating pool
13 35 provided by the legislative council for the terms set out in
14 1 subsection 1. The legislative council shall solicit extensive
14 2 public input in developing the nominating pool. The
14 3 nominating pool shall include at least three nominees for each
14 4 membership slot.
14 5 4. The initial appointments to the commission shall be
14 6 made within sixty days of the effective date of this Act.
14 7 Sec. 13. REVIEW OF ENFORCEMENT EFFORTS. The tobacco use
14 8 prevention and control commission created under chapter 142A,
14 9 in cooperation with the office of the attorney general, the
14 10 Iowa department of public health, and the alcoholic beverage
14 11 division of the department of commerce, shall review current
14 12 state and local tobacco enforcement regulations and
14 13 activities, including those related to retailers, clerks and
14 14 minors, and shall submit recommendations to the governor and
14 15 the general assembly, on or before December 1, 2000, to
14 16 provide for balanced and uniform enforcement statewide.
14 17 Sec. 14. EMERGENCY RULES. The department of public health
14 18 may adopt emergency rules under section 17A.4, subsection 2,
14 19 and section 17A.5, subsection 2, paragraph "b", to implement
14 20 this Act, and the rules shall become effective immediately
14 21 upon filing, unless the effective date is delayed by the
14 22 administrative rules review committee, notwithstanding section
14 23 17A.4, subsection 5, and section 17A.8, subsection 9, or a
14 24 later effective date is specified in the rules. Any rules
14 25 adopted in accordance with this section shall not take effect
14 26 before the rules are reviewed by the administrative rules
14 27 review committee. Any rules adopted in accordance with the
14 28 provisions of this section shall also be published as notice
14 29 of intended action as provided in section 17A.4.
14 30 Sec. 15. EFFECTIVE DATE. This Act, being deemed of
14 31 immediate importance, takes effect upon enactment.
14 32 EXPLANATION
14 33 This bill creates new Code chapter 142A relating to tobacco
14 34 use prevention and control.
14 35 Code section 142A.1 provides the purpose and intent of the
15 1 chapter. This section provides that the purpose of the
15 2 chapter is to establish a comprehensive partnership among the
15 3 general assembly, the executive branch, communities, and the
15 4 people of Iowa in addressing the prevalence of tobacco use in
15 5 the state. The intent of the general assembly is that the
15 6 comprehensive tobacco use prevention and control initiative
15 7 established in the chapter specifically address reduction of
15 8 tobacco use by youth and pregnant women, promotion of
15 9 compliance by youth and retailers with tobacco sales laws and
15 10 ordinances, and enhancement of the capacity of youth to make
15 11 healthy choices, and provide for extensive involvement of
15 12 youth in the activities under the initiative. This section
15 13 also provides that it is the intent of the general assembly
15 14 that the initiative evolve to create a social and legal
15 15 climate in which tobacco use becomes undesirable and
15 16 unacceptable, in which role models and those who influence
15 17 younger generations promote social norms and demonstrate
15 18 behavior that counteracts the glamorization of tobacco use,
15 19 and in which tobacco becomes less accessible. The evolution
15 20 of the initiative is to be accomplished by engaging all who
15 21 are affected by the use of tobacco in the state including
15 22 smokers and nonsmokers, youth and adults.
15 23 Code section 142A.2 provides definitions used in the
15 24 chapter.
15 25 Code section 142A.3 creates a tobacco use prevention and
15 26 control division within the Iowa department of public health
15 27 and creates a tobacco use prevention and control commission.
15 28 This section specifies the membership of the commission. The
15 29 commission is comprised of 15 voting members, five of which
15 30 are youth, and five ex officio nonvoting members. The voting
15 31 members who are not youth are initially to be appointed by the
15 32 governor utilizing a pool of nominees presented by the
15 33 legislative council. Subsequent to the initial appointments,
15 34 the governor is directed to appoint these voting members,
15 35 subject to confirmation by the senate. In addition to the
16 1 members of the commission, specified agencies are directed to
16 2 each assign one liaison to the commission to provide
16 3 assistance to the commission. The commission is also directed
16 4 to designate an advisory council to the commission to include
16 5 representatives of health care provider groups, parent groups,
16 6 antitobacco advocacy programs and organizations, tobacco
16 7 retailers, research and evaluation experts, and youth
16 8 organizers. The bill provides that if a member of the
16 9 commission is convicted of a crime relating to tobacco,
16 10 alcohol, or controlled substances, the member is subject to
16 11 removal.
16 12 Code section 142A.4 specifies the commission duties, and
16 13 Code section 142A.5 specifies the duties of the director of
16 14 public health and the duties of the administrator of the
16 15 division of tobacco use prevention and control under the
16 16 chapter.
16 17 Code section 142A.6 establishes the comprehensive tobacco
16 18 use prevention and control initiative. The purpose of the
16 19 initiative is to attain the specified results of reduction of
16 20 tobacco use by youth, strong and active involvement of youth
16 21 in tobacco use prevention and cessation activities, enhanced
16 22 capacity of youth to make healthy choices, reduction of
16 23 tobacco use by pregnant women, and increased compliance by
16 24 minors and retailers with tobacco sales laws and ordinances.
16 25 The bill specifies the type of data which will demonstrate
16 26 success of the initiative. The initiative is to be
16 27 implemented with the extensive involvement of youth and the
16 28 involvement of parents, schools, and community members. The
16 29 division is to encourage collaboration at the state and local
16 30 levels to maximize available resources and to provide
16 31 flexibility to support community efforts. The bill provides
16 32 that goods and services necessary to implement the initiative
16 33 may be procured without competitive bidding, subject to the
16 34 approval of the commission.
16 35 Code section 142A.7 specifies the components of the
17 1 initiative including youth programs, a media, marketing, and
17 2 communications program, independent evaluation of each
17 3 component of the initiative, and ongoing data assessment and
17 4 initiative evaluation. The bill limits administrative costs
17 5 of each program to a reasonable level and requires that any
17 6 request for information or request for proposal emphasize that
17 7 performance measures are required for any contract or
17 8 allocation of funding under the initiative.
17 9 Code section 142A.8 provides for the designation of
17 10 community partnerships which are public agencies or nonprofit
17 11 organizations operating in a local area under contract with
17 12 the department to implement the initiative in that local area.
17 13 The community partnership is to utilize broad community
17 14 involvement. Community partnerships may be a county or
17 15 multicounty area, school district or multischool district
17 16 area, or a community empowerment area, in accordance with
17 17 criteria adopted by the commission for appropriate population
17 18 levels and geographic area size. The commission is to adopt
17 19 rules to provide procedures for initial designation of the
17 20 community partnerships. Contracts entered into between the
17 21 department and community partnerships are to include
17 22 administrative functions, fiscal provisions, community and
17 23 youth involvement in program and administrative decisions, and
17 24 law enforcement involvement.
17 25 Code section 142A.9 provides for a youth program component.
17 26 A youth program is to be implemented in each community
17 27 partnership area. Each youth program is to include a
17 28 structure for program participants to interact with other
17 29 participating youth in the community partnership and
17 30 throughout the state, a structure for formal youth involvement
17 31 in youth program governance in the community partnership and
17 32 in statewide youth summits, a structure for participation in a
17 33 statewide executive body consisting of participants selected
17 34 by the delegates to the statewide youth summit of the youth
17 35 program, and youth activities that are character-based and
18 1 focused on rewarding appropriate values, behavior, and healthy
18 2 choices by participants. The youth program is to be directed
18 3 by youth for youth, and is to include utilization of and
18 4 consultation with youth in the media, marketing, and
18 5 communications program, education efforts, evaluation,
18 6 collaboration, enforcement, and other aspects of the
18 7 initiative.
18 8 Code section 142A.10 directs the commission to develop a
18 9 system to implement a statewide system for the initiative
18 10 programs delivered through the community partnerships. The
18 11 system is to provide for equitable allocation of funding,
18 12 based upon school-age population, and other criteria
18 13 established by the commission. The specific programs,
18 14 distribution provisions, and other provisions approved by the
18 15 commission for expenditure of the maximum allocation
18 16 established for a community partnership area are to be
18 17 outlined in the written contract with the community
18 18 partnership. Allocations received by a community partnership
18 19 must be matched with local funding, in-kind services, office
18 20 support, or other tangible support, or offset of costs.
18 21 Code section 142A.11 provides for repeal of the new Code
18 22 chapter June 30, 2005.
18 23 The bill provides for the initial appointments to the
18 24 commission in a manner that staggers the terms of the voting
18 25 members. The bill provides that initial appointments to the
18 26 commission of members who are not youth members, or who are
18 27 not nonvoting members are to be appointed by the governor from
18 28 a nominating pool provided by the legislative council. The
18 29 legislative council is directed to solicit extensive public
18 30 input in developing the nominating pool. The nominating pool
18 31 is to include at least three nominees for each membership
18 32 slot. The initial appointments to the commission are to be
18 33 made within 60 days of the effective date of the bill.
18 34 The bill provides that the tobacco use prevention and
18 35 control commission, in cooperation with the office of the
19 1 attorney general, the Iowa department of public health, and
19 2 the alcoholic beverages division of the department of
19 3 commerce, is to review current state and local tobacco
19 4 enforcement regulations and activities, and submit
19 5 recommendations to the governor and the general assembly on or
19 6 before December 1, 2000, to provide for balanced and uniform
19 7 enforcement statewide.
19 8 The bill provides emergency rulemaking authority for the
19 9 Iowa department of public health. Any rules adopted under
19 10 this provision do not take effect until reviewed by the
19 11 administrative rules review committee.
19 12 The bill takes effect upon enactment.
19 13 LSB 7257XS 78
19 14 pf/cf/24
Text: SF02448 Text: SF02450 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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