House Amendment 1152


PAG LIN




     1  1    Amend the amendment, H=1116, to House File 555, as
     1  2 follows:
     1  3 #1.  Page 1, line 41, by striking the word <FUND
     1  4 ==> and inserting the following:  <FUND>.
     1  5 #2.  Page 1, by striking line 42 and inserting the
     1  6 following:  <AND TOBACCO USE PREVENTION AND CONTROL
     1  7 ACCOUNT.>
     1  8 #3.  Page 1, by striking lines 46 and 47, and
     1  9 inserting the following:  <from all permits issued by
     1 10 the department, with the exception of the proceeds
     1 11 derived from payment of taxes pursuant to section
     1 12 453A.6, subsection 1, and section 453A.43, subsections
     1 13 1, 2, 3, and 4, which shall be credited to the tobacco
     1 14 use prevention and control account created in section
     1 15 453A.35A, shall be credited to the general fund of the
     1 16 state.>
     1 17 #4.  By striking page 1, line 48, through page 2,
     1 18 line 6.
     1 19 #5.  Page 2, by striking lines 15 through 43 and
     1 20 inserting the following:
     1 21    <Sec.    .  NEW SECTION.  453A.35A  TOBACCO USE
     1 22 PREVENTION AND CONTROL ACCOUNT.
     1 23    1.  A tobacco use prevention and control account is
     1 24 created in the office of the treasurer of state.  The
     1 25 account consists of the revenue generated from the
     1 26 taxes imposed on cigarettes and tobacco products
     1 27 pursuant to section 453A.6, subsection 1, and section
     1 28 453A.43, subsections 1, 2, 3, and 4.  Moneys in the
     1 29 account shall be separate from the general fund of the
     1 30 state and shall be considered a special account for
     1 31 the purposes of section 8.53 relating to generally
     1 32 accepted accounting principles.  Moneys in the account
     1 33 shall be used only as specified in this section and
     1 34 shall be appropriated only for the uses specified.
     1 35 Moneys in the account are not subject to section 8.33
     1 36 and shall not be transferred, used, obligated,
     1 37 appropriated, or otherwise encumbered, except as
     1 38 provided in this section.  Notwithstanding section
     1 39 12C.7, subsection 2, interest or earnings on moneys
     1 40 deposited in the account shall be credited to the
     1 41 account.
     1 42    2.  Moneys in the account are allocated, subject to
     1 43 their appropriation by the general assembly, as
     1 44 follows for the fiscal year beginning July 1, 2007,
     1 45 and for each fiscal year thereafter, for the
     1 46 following:
     1 47    a.  An amount that is the current annual amount
     1 48 recommended by the centers for disease control and
     1 49 prevention of the United States department of health
     1 50 and human services for tobacco use prevention and
     2  1 control.
     2  2    b.  Ten million dollars for youth programs,
     2  3 designed to achieve the desired results of the
     2  4 comprehensive tobacco use prevention and control
     2  5 initiative pursuant to section 142A.9, that are
     2  6 directed by youth participants for youth.
     2  7    c.  Five million dollars for enforcement of tobacco
     2  8 laws and regulations, including through grants to
     2  9 community partnerships as provided in section 142A.10.
     2 10    d.  An amount, to be determined annually, for
     2 11 smoking cessation programs.
     2 12    3.  In addition to the allocations specified in
     2 13 subsection 2, moneys in the fund may be used only for
     2 14 other activities related to tobacco use prevention,
     2 15 cessation, and control.>
     2 16 #6.  Page 5, by striking lines 40 and 41, and
     2 17 inserting the following:  <products, creating a
     2 18 tobacco use prevention and control account, providing
     2 19 for standing appropriations from the account, and
     2 20 providing an>.
     2 21
     2 22
     2 23                               
     2 24 RAECKER of Polk
     2 25 HF 555.217 82
     2 26 pf/es/7717

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