S-1655

AN ACT Relating to creation of the tobacco prevention and control program; adding a new section to chapter 43.79 RCW; and adding a new section to chapter 43.70 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 43.79 RCW to read as follows:

(1) The tobacco prevention and control program is created within the department of health and shall be administered in consultation with the tobacco prevention and control advisory board created in section 2 of this act.

(2) The tobacco prevention and control program shall design and implement public health projects relating to tobacco, including but not limited to enforcing prohibitions on tobacco sales to minors, countermarketing and advertising efforts relating to tobacco.

The department in consultation with the tobacco prevention and control advisory board shall develop a sustainable, long-term, comprehensive tobacco control program that integrates public education, community-based programs, treatment of tobacco addiction, school-based programs, and enforcement of laws prohibiting illegal sales of cigarettes, with a mechanism for ongoing monitoring and evaluation.

The department shall develop an inventory of current state, federally funded and other national programs which address substance abuse in youth under age eighteen in school-based and community programs, with the goal of designing a state-wide tobacco prevention and control program that builds on and does not duplicate current programs.

The department shall develop a plan that uses and enhances the state's public health system, community programs, and community coalitions along with schools, health care providers, and the private sector to implement the state's tobacco control program. Funding for school health services shall be included to address behavioral health in youth.

The department shall review research into tobacco control programs in other states and in the private sector which have had success rates comparable to the smoking reduction goals developed by the department. The department shall pursue information from the files of the tobacco companies named in the master settlement.

The plan authorized under this section and section 2 of this act shall include long-term outcome measures including but not limited to: Reducing overall smoking prevalence; reducing cigarette smoking by children and youth; increasing smoking cessation during pregnancy; reducing smokeless tobacco by youth ages twelve through twenty-four; establishing tobacco-free environments; and increasing the proportion of smoke-free work sites. All outcome goals will be based on nationally accepted outcome measures in order to compare Washington state success rates with those of other states. The department shall integrate ongoing evaluation and accountability measures into the plan.

The department shall plan for increasing access to smoking cessation programs, especially for high risk populations including but not limited to pregnant women and adolescents.

The department shall develop a plan for reducing access to tobacco products. The department and the department of revenue shall consult on ways to use funds to create economic incentives for Indian tribes to reduce the sales of cigarettes from Indian reservations. The department of revenue shall develop a plan in consultation with tribal governments to develop compacts allowing for the collection of state taxes on tribal cigarettes and for preventing the sale of cigarettes to minors.

The department shall report back to the legislature by December 1, 1999, on the initial phase of the tobacco control plan with projected expenditures through June 30, 2001. The department shall report back to the legislature on September 30, 2000, with the long-range plan for tobacco prevention and cessation in Washington state.

NEW SECTION. Sec. 2. A new section is added to chapter 43.70 RCW to read as follows:

There is hereby created the tobacco prevention and control advisory board to advise and assist the secretary of the department of health in developing, selecting, and evaluating strategies for the tobacco prevention and control efforts that are administered by the tobacco prevention and control program. The board shall consist of eighteen members designated or appointed as provided in this section.

(1) The attorney general or the attorney general's designee.

(2) Two members of the senate, designated by the president of the senate.

(3) Two members of the house of representatives, designated by the speaker of the house of representatives.

(4) One member of the governor's policy staff, designated by the governor.

(5) Two members representing populations at risk for tobacco use, appointed by the governor. The initial term of appointment for one member is two years and for the other member, three years.

Two members representing youth under age eighteen, appointed by the governor. The initial term of appointment for one member is two years and for the other member, three years.

(6) Three representatives of nongovernmental voluntary tobacco control organizations, appointed by the governor. The initial term of appointment for two members is two years and for the remaining member, three years.

(7) One tribal representative, appointed by the governor. The initial term of appointment is two years.

(8) Two members of the local public health community, appointed by the secretary of the department of health. The initial term of appointment for one member is two years and for the second member, three years.

(9) The secretary of the department of health or the secretary's designee.

(10) The superintendent of public instruction or the superintendent's designee.

Any appointed member of the board remains a board member until his or her successor is appointed. Appointed members of the board may be reappointed for additional terms. Appointments for vacancies are made for the unexpired term, in the same manner as the original appointment. After the term of initial appointment, the term of appointed members of the board is three years. Any appointed member of the board may be removed for cause by the authority appointing that member.

The attorney general or the attorney general's designee shall serve as chair of the board for an initial two-year term. Thereafter, the board shall select a chair from among its members. The board shall adopt procedures for conducting its affairs and accomplishing its duties. Necessary administrative support for the board shall be provided by the department of health.

Members of the board who are state officers or employees shall serve without additional compensation or reimbursement for expenses. Such members shall be compensated and reimbursed for expenses by their employer and according to their regular position or employment. Members of the board who are not state officers or employees shall be reimbursed for expenses as provided in RCW 43.03.220.

NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.