Sec. D-1. 5 MRSA §12004-I, sub-§36-D is enacted to read:
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Sec. D-2. 22 MRSA c. 102 is enacted to read:
CHAPTER 102
TOBACCO TAX AND HEALTH PROTECTION
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Bureau. "Bureau" means the Bureau of Health.
2. Advisory council. "Advisory council" means the Tobacco Prevention and Control Advisory Council.
3. Program. "Program" means the Tobacco Prevention and Control Program.
4. Tobacco products. "Tobacco products" means any form of tobacco and any material or device used in the smoking, chewing or other form of tobacco consumption, including cigarette papers and pipes.
§272. Tobacco Prevention and Control Program
1. Program established. The Tobacco Prevention and Control Program is established in the bureau. The purposes of the program are to prevent the State's youths from ever using tobacco products and to assist youths and adults who currently smoke cigarettes and use other tobacco products to discontinue that use. The program includes the following components:
A. An ongoing, major media campaign to:
(1) Educate the public about the health hazards, costs and other relevant facts surrounding the use of tobacco products;
(2) Encourage young people not to begin using tobacco products;
(3) Motivate the users of tobacco products to discontinue smoking; and
(4) Encourage public acceptance of smoke-free environments;
B. Grants for funding community-based programs aimed at tobacco prevention and control, including funding of tobacco prevention and control education for those school administrative units that choose to offer such programs to primary, middle and high school students; for community-based enforcement of state tobacco control laws, including sales to minors and for cessation services;
C. Procedures for monitoring and evaluating the prevention and control program, including:
(1) Monitoring and maintaining the program's effectiveness through an evaluation of each component; and
(2) Assessing the prevalence of the use of tobacco products and knowledge about and attitudes towards such use on a statewide and community basis; and
D. In conjunction with law enforcement and other state and federal agencies, increased law enforcement efforts to increase compliance with laws regarding the transportation, distribution and sale of cigarettes and tobacco products.
The bureau shall administer the program with the review and advice provided by the council in subsection 2 and may contract for professional services to carry out the program.
2. Tobacco Prevention and Control Advisory Council. The Tobacco Prevention and Control Advisory Council is established under Title 5, section 12004-I, subsection 36-D to review the program. The advisory council shall provide advice to the bureau in carrying out its duties under this section and ensure coordination of the program with relevant nonprofit and community agencies and the Department of Education, the Department of Mental Health, Mental Retardation and Substance Abuse Services, the Office of Substance Abuse and other relevant state agencies. The advisory council consists of 9 members, appointed as follows:
A. Two public health officials, appointed by the Governor;
B. Two representatives of nonprofit organizations involved in seeking to reduce the use of tobacco products in the State, with one representative appointed by the President of the Senate and one representative appointed by the Speaker of the House of Representatives;
C. A person who designs and implements issue-oriented public health media campaigns, appointed by the Governor;
D. Two persons involved in designing and implementing community-based education or cessation programs for the prevention of tobacco products use, one to focus on adults, appointed by the President of the Senate, and one to focus on youth, appointed by the Speaker of the House of Representatives; and
E. Two members of the public, appointed jointly by the President of the Senate and the Speaker of the House of Representatives in consultation with the leaders of the minority political party.
Appointments to the advisory council must be made by October 15, 1997. Members serve for 3-year terms and may be reappointed. When the appointment of all members is complete, the Governor or the Governor's designee shall convene the first meeting of the advisory council no later than November 15, 1997. The advisory council shall choose a chair from among its members and establish its procedure for reaching decisions. The bureau shall provide staff assistance to the advisory council. The advisory council shall report annually on the program to the Governor and the Legislature by December 1st and include any recommendations or proposed legislation to further the purposes of the program.
The appointing authority shall fill a vacancy on the advisory council for the remainder of the vacant term. Each member who is not a salaried employee is entitled to compensation as provided in Title 5, section 12004-I, subsection 36-D, following approval of expenses by the Director of the Bureau of Health.
Sec. D-3. Allocation. The following funds are allocated from Other Special Revenue to carry out the purposes of this Part.
1997-98 1998-99
HUMAN SERVICES, DEPARTMENT OF
Bureau of Health
All Other $3,500,000 $3,500,000
Provides funds from the Tobacco Tax Relief Fund to support the Tobacco Prevention and Control Program.
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