142A.4 - COMMISSION DUTIES.

        142A.4  COMMISSION DUTIES.
         The commission shall do all of the following:
         1.  Develop and implement the comprehensive tobacco use prevention
      and control initiative as provided in this chapter.
         2.  Provide a forum for the discussion, development, and
      recommendation of public policy alternatives in the field of tobacco
      use prevention and control.
         3.  Develop an educational component of the initiative.
      Educational efforts provided through the school system shall be
      developed in conjunction with the department of education.
         4.  Develop a plan for implementation of the initiative in
      accordance with the purpose and intent specified in section 142A.1.
         5.  Provide for technical assistance, training, and other support
      under the initiative.
         6.  Take actions to develop and implement a statewide system for
      the initiative programs that are delivered through community
      partnerships.
         7.  Manage and coordinate the provision of funding and other
      moneys available to the initiative by combining all or portions of
      appropriations or other revenues as authorized by law.
         8.  Assist with the linkage of the initiative with child welfare
      and juvenile justice decategorization projects, education
      programming, community empowerment areas, and other programs and
      services directed to youth at the state and community level.
         9. a.  Coordinate and respond to any requests from a community
      partnership relating to any of the following:
         (1)  Removal of barriers to community partnership efforts.
         (2)  Pooling and redirecting of existing federal, state, or other
      public or private funds available for purposes that are consistent
      with the initiative.
         (3)  Seeking of federal waivers to assist community partnership
      efforts.
         b.  In coordinating and responding to the requests, the
      commission shall work with state agencies, the governor, and the
      general assembly as necessary to address requests deemed appropriate
      by the commission.
         10.  Adopt rules pursuant to chapter 17A as necessary for the
      designation, governance, and oversight of the initiative and the
      implementation of this chapter.  The commission shall provide for
      community partnership and youth program input in the rules adoption
      process.  The rules shall include but are not limited to all of the
      following:
         a.  Performance indicators for initiative programs, community
      partnerships, and the services provided under the auspices of
      community partnerships.  The performance indicators shall be
      developed with input from communities.
         b.  Minimum standards to further the provision of equal access
      to services.
         11.  Monitor and evaluate the effectiveness of performance
      measures utilized under the initiative.
         12.  Submit a report to the governor and the general assembly on a
      periodic basis, during the initial year of operation, and on an
      annual basis thereafter, regarding the initiative, including
      demonstrated progress based on performance indicators.  The
      commission shall report more frequently if requested by the joint
      appropriations subcommittee that makes recommendations concerning the
      commission's budget.  Beginning July 1, 2005, the commission shall
      also perform a comprehensive review of the initiative and shall
      submit a report of its findings to the governor and the general
      assembly on or before December 15, 2005.
         13.  Represented by the chairperson of the commission, annually
      appear before the joint appropriations subcommittee that makes
      recommendations concerning the commission's budget to report on
      budget expenditures and division operations relative to the prior
      fiscal year and the current fiscal year.
         14.  Approve contracts entered into with the alcoholic beverages
      division of the department of commerce, to provide for enforcement of
      tobacco laws and regulations.
         15.  Advise the director in evaluating potential candidates for
      the position of administrator, consult with the director in the
      hiring of the administrator, and review and advise the director on
      the performance of the administrator in the discharge of the
      administrator's duties.
         16.  Prioritize funding needs and the allocation of moneys
      appropriated and other resources available for the programs and
      activities of the initiative.
         17.  Ensure that sufficient resources are available to promote and
      ensure retailer compliance with tobacco laws and ordinances relating
      to minors and ensure that compliance with 42 U.S.C. § 300X-26 is
      prioritized when allocating funds under this chapter.
         18.  Review fiscal needs of the initiative and make
      recommendations to the director in the development of budget
      requests.
         19.  Solicit and accept any gift of money or property, including
      any grant of money, services, or property from the federal
      government, the state, a political subdivision, or a private source
      that is consistent with the goals of the initiative.  The commission
      shall adopt rules prohibiting the acceptance of gifts from a
      manufacturer of tobacco products.
         20.  Advise and make recommendations to the governor, the general
      assembly, the director, and the administrator, relative to tobacco
      use, treatment, intervention, prevention, control, and education
      programs in the state.
         21.  Evaluate the work of the division and the department relating
      to the initiative.  For this purpose, the commission shall have
      access to any relevant department records and documents, and other
      information reasonably obtainable by the department.
         22.  Develop the structure for the statewide youth summit to be
      held annually.
         23.  Approve the content of any materials distributed by the youth
      program pursuant to section 142A.9, prior to distribution of the
      materials.  
         Section History: Recent Form
         2000 Acts, ch 1192, §4, 17; 2004 Acts, ch 1176, §7; 2005 Acts, ch
      179, §57; 2009 Acts, ch 41, §263
         Referred to in § 142A.5