CHAPTER 4. INDIANA TOBACCO USE PREVENTION AND CESSATION TRUST FUND
IC 4-12-4
Chapter 4. Indiana Tobacco Use Prevention and Cessation Trust
Fund
IC 4-12-4-1
"Executive board" defined
Sec. 1. As used in this chapter, "executive board" refers to the
Indiana tobacco use prevention and cessation executive board created
by section 4 of this chapter.
As added by P.L.21-2000, SEC.2.
IC 4-12-4-2
"Fund" defined
Sec. 2. As used in this chapter, "fund" refers to the Indiana
tobacco use prevention and cessation trust fund created by this
chapter.
As added by P.L.21-2000, SEC.2.
IC 4-12-4-3
"Master settlement agreement" defined
Sec. 3. As used in this chapter, "master settlement agreement" has
the meaning set forth in IC 24-3-3-6.
As added by P.L.21-2000, SEC.2.
IC 4-12-4-4
Creation of executive board; members
Sec. 4. (a) The Indiana tobacco use prevention and cessation
executive board is created.
(b) The executive board is an agency of the state.
(c) The executive board consists of the following:
(1) The following five (5) ex officio members:
(A) The executive director employed under section 6 of this
chapter.
(B) The state superintendent of public instruction, or the
state superintendent's designee.
(C) The attorney general, or the attorney general's designee.
(D) The commissioner of the state department of health, or
the commissioner's designee.
(E) The secretary of the family and social services
administration, or the secretary's designee.
(2) Eleven (11) members who are appointed by the governor
and have knowledge, skill, and experience in smoking reduction
and cessation programs, health care services, or preventive
health care measures.
(3) Six (6) members who are appointed by the governor who
represent the following organizations:
(A) The American Cancer Society.
(B) The American Heart Association, Indiana Affiliate.
(C) The American Lung Association of Indiana.
(D) The Indiana Hospital and Health Association.
(E) The Indiana State Medical Association.
(F) The Indiana Council of Community Mental Health
Centers.
The executive director serves as a nonvoting member and all other
members serve as voting members.
(d) During a member's term of service on the executive board, an
appointed member of the executive board may not be an official or
employee of the state.
(e) Not more than six (6) members of the executive board
appointed under subsection (c)(2) may belong to the same political
party.
(f) A member appointed under subsection (c)(2) serves a four (4)
year term and shall hold over after the expiration of the member's
term until the member's successor is appointed and qualified. A
member appointed under subsection (c)(3) serves until the member
resigns or is removed from the executive board by the governor.
(g) The governor may reappoint an appointed member of the
executive board.
(h) A vacancy with respect to a member appointed under
subsection (c)(2) shall be filled for the balance of an unexpired term
in the same manner as the original appointment. A vacancy with
respect to a member appointed under subsection (c)(3) shall be filled
in the same manner as the original appointment.
(i) The governor shall designate a member to serve as chairperson
of the executive board. The executive board shall annually elect one
(1) of its ex officio members as vice chairperson and may elect any
other officer that the executive board desires.
(j) The governor may remove a member appointed under
subsection (c)(2) for misfeasance, malfeasance, willful neglect of
duty, or other cause after notice and a public hearing, unless the
member expressly waives the notice and hearing in writing.
As added by P.L.21-2000, SEC.2.
IC 4-12-4-5
Expenses of executive board members
Sec. 5. (a) An appointed member of the executive board who is
not a state employee is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b). Each appointed member is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties.
(b) An ex officio member of the executive board is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties.
As added by P.L.21-2000, SEC.2.
IC 4-12-4-6
Powers of executive board
Sec. 6. (a) The executive board may:
(1) employ an executive director; and
(2) delegate necessary and appropriate functions and authority
to the executive director.
(b) Subject to the approval of the executive board, the executive
director may do the following:
(1) Employ staff necessary to advise and assist the executive
board as required by this chapter.
(2) Fix compensation of staff according to the policies currently
enforced by the budget agency and the state personnel
department.
(3) Engage experts and consultants to assist the executive
board.
(4) Expend funds made available to the staff according to the
policies established by the budget agency.
(5) Establish policies, procedures, standards, and criteria
necessary to carry out the duties of the staff of the executive
board.
As added by P.L.21-2000, SEC.2.
IC 4-12-4-7
Quorum; voting; meetings
Sec. 7. (a) Eleven (11) voting members of the executive board
constitute a quorum for:
(1) the transaction of business at a meeting of the executive
board; or
(2) the exercise of a power or function of the executive board.
(b) The affirmative vote of a majority of all the voting members
of the executive board is necessary for the executive board to take
action. A vacancy in the membership of the executive board does not
impair the right of a quorum to exercise all the rights and perform all
the duties of the executive board.
(c) The executive board shall meet at least quarterly and at the call
of the chairperson.
As added by P.L.21-2000, SEC.2.
IC 4-12-4-8
Executive board as public agency and governing body
Sec. 8. (a) The executive board is a public agency for purposes of
IC 5-14-1.5 and IC 5-14-3.
(b) The executive board is a governing body for purposes of
IC 5-14-1.5.
As added by P.L.21-2000, SEC.2.
IC 4-12-4-9
Additional powers of executive board
Sec. 9. In addition to any other power granted by this chapter, the
executive board may:
(1) adopt an official seal and alter the seal at its pleasure;
(2) adopt rules, under IC 4-22-2, for the regulation of its affairs
and the conduct of its business and prescribe policies in
connection with the performance of its functions and duties;
(3) accept gifts, devises, bequests, grants, loans, appropriations,
revenue sharing, other financing and assistance, and any other
aid from any source and agree to and comply with conditions
attached to that aid;
(4) make, execute, and effectuate any and all contracts,
agreements, or other documents with any governmental agency
or any person, corporation, limited liability company,
association, partnership, or other organization or entity
necessary or convenient to accomplish the purposes of this
chapter, including contracts for the provision of all or any
portion of the services the executive board considers necessary
for the management and operations of the executive board;
(5) recommend legislation to the governor and general
assembly; and
(6) do any and all acts and things necessary, proper, or
convenient to carry out this article.
As added by P.L.21-2000, SEC.2.
IC 4-12-4-10
Establishment of fund; contents; administration
Sec. 10. (a) The Indiana tobacco use prevention and cessation
trust fund is established. The executive board may expend money
from the fund and make grants from the fund to implement the long
range state plan established under this chapter. General operating and
administrative expenses of the executive board are also payable from
the fund.
(b) The fund consists of:
(1) amounts, if any, that another statute requires to be
distributed to the fund from the Indiana tobacco master
settlement agreement fund;
(2) appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the fund;
and
(4) interest that accrues from money in the fund.
(c) The fund shall be administered by the executive board.
Notwithstanding IC 5-13, the treasurer of state shall invest the money
in the fund not currently needed to meet the obligations of the fund
in the same manner as money is invested by the public employees
retirement fund under IC 5-10.3-5. The treasurer of state may
contract with investment management professionals, investment
advisors, and legal counsel to assist in the investment of the fund and
may pay the expenses incurred under those contracts from the fund.
Money in the fund at the end of a state fiscal year does not revert to
the state general fund.
(d) All income and assets of the executive board deposited in the
fund are for the use of the executive board without appropriation.
As added by P.L.21-2000, SEC.2. Amended by P.L.291-2001,
SEC.53.
IC 4-12-4-11
Mission statement; long range state plan
Sec. 11. (a) The executive board shall develop:
(1) a mission statement concerning prevention and reduction of
the usage of tobacco and tobacco products in Indiana, including:
(A) emphasis on prevention and reduction of tobacco use by
minorities, pregnant women, children, and youth, including
youth with serious and emotional disturbances;
(B) encouragement of smoking cessation;
(C) production and distribution of information concerning
the dangers of tobacco use and tobacco related diseases;
(D) providing research on issues related to reduction of
tobacco use;
(E) enforcement of laws concerning sales of tobacco to
youth and use of tobacco by youth; and
(F) other activities that the executive board considers
necessary and appropriate for inclusion in the mission
statement; and
(2) a long range state plan, based on Best Practices for Tobacco
Control Programs as published by the Centers for Disease
Control and Prevention, for:
(A) the provision of services by the executive board, public
or private entities, and individuals to implement the
executive board's mission statement; and
(B) the coordination of state efforts to reduce usage of
tobacco and tobacco products.
The executive board shall update the mission statement and long
range state plan as necessary to carry out the purposes of this
chapter.
(b) The long range state plan described in subsection (a) must:
(1) cover a period of at least five (5) years;
(2) include base line data concerning tobacco usage;
(3) set forth specific goals for prevention and reduction of
tobacco usage in Indiana; and
(4) be made available to the governor, the general assembly,
and any other appropriate state or federal agency.
As added by P.L.21-2000, SEC.2. Amended by P.L.99-2007, SEC.7.
IC 4-12-4-12
Applications for grants
Sec. 12. A public or private entity or an individual may submit an
application to the executive board for a grant from the fund. Each
application must be in writing and contain the following information:
(1) A clear objective to be achieved with the grant.
(2) A plan for implementation of the specific program.
(3) A statement of the manner in which the proposed program
will further the goals of the executive board's mission statement
and long range state plan.
(4) The amount of the grant requested.
(5) An evaluation and assessment component to determine the
program's performance.
(6) Any other information required by the executive board.
The executive board may adopt written guidelines to establish
procedures, forms, additional evaluation criteria, and application
deadlines.
As added by P.L.21-2000, SEC.2.
IC 4-12-4-13
Executive board approval of expenditures
Sec. 13. The expenditure of state funds (other than a grant
awarded under this chapter) for a program concerning prevention or
reduction of tobacco usage that is operated by a state agency or a
public or private entity is subject to the approval of the executive
board. The state agency or public or private entity shall submit a
description of the proposed expenditure to the executive board for
the executive board's review and approval. The description submitted
under this section must include the following:
(1) The objective to be achieved through the expenditure.
(2) The plan for implementation of the expenditure.
(3) The extent to which the expenditure will supplement or
duplicate existing expenditures of other state agencies, public
or private entities, or the executive board.
As added by P.L.21-2000, SEC.2.
IC 4-12-4-14
Annual reports of executive board
Sec. 14. The executive board shall prepare an annual financial
report and an annual report concerning the executive board's
activities under this chapter and promptly transmit the annual reports
to the governor and, in an electronic format under IC 5-14-6, to the
legislative council. The executive board shall make the annual
reports available to the public upon request.
As added by P.L.21-2000, SEC.2. Amended by P.L.28-2004, SEC.38.
IC 4-12-4-15
Annual audit of executive board
Sec. 15. The funds, accounts, management, and operations of the
executive board are subject to annual audit by the state board of
accounts.
As added by P.L.21-2000, SEC.2.
IC 4-12-4-16
Advisory board
Sec. 16. (a) The Indiana tobacco use prevention and cessation
advisory board is established. The board consists of:
(1) the executive director employed under section 6 of this
chapter, who shall serve as the chairperson of the advisory
board; and
(2) other members appointed by the governor who have
knowledge, skill, and experience in smoking reduction and
cessation programs, health care services, or preventive health
care measures.
(b) The advisory committee shall meet at least quarterly and at the
call of the chairperson.
(c) The advisory committee shall, as considered necessary by the
advisory committee or as requested by the executive board, make
recommendations to the executive committee concerning:
(1) the development and implementation of the mission
statement and long range state plan under section 11 of this
chapter;
(2) the criteria to be used for the evaluation of grant
applications under this chapter;
(3) the coordination of public and private efforts concerning
reduction and prevention of tobacco usage; and
(4) any other matters for which the executive board requests
recommendations from the advisory committee.
(d) Members of the advisory committee are not entitled to a salary
per diem or reimbursement of expenses for service on the advisory
committee.
(e) The advisory committee may establish subcommittees as
necessary to carry out its duties under this section.
As added by P.L.21-2000, SEC.2.