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Bill 4489

                    Current Status

Bill Number:                      4489
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000127
Primary Sponsor:                  Cobb-Hunter
All Sponsors:                     Cobb-Hunter
Drafted Document Number:          l:\council\bills\skb\18133som00.doc
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Subject:                          Health Improvement Council established, 
                                  Medical, Commissions or Committees, Created, 
                                  Agriculture, Tobacco


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000127  Introduced, read first time,           30 HWM
                  referred to Committee


              Versions of This Bill

TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 129, SO AS TO ESTABLISH THE SOUTH CAROLINA HEALTH IMPROVEMENT COUNCIL, TO PROVIDE FOR ITS MEMBERSHIP, POWERS, DUTIES, AND THE DISTRIBUTION OF MONIES RECEIVED BY THE COUNCIL, INCLUDING MONIES RECEIVED BY THE STATE FROM THE MASTER SETTLEMENT AGREEMENT.

Whereas, the South Carolina General Assembly is aware of the importance of investing in health services to promote optimal health status for all South Carolinians and is committed to providing all children access to health care and assuring each child enters school healthy and ready to learn; assuring our growing population of senior citizens age with dignity and optimal health; and reducing disparities in health status that face our minority population and rural residents; and

Whereas, the improvement in health status must be based on prevention, cost reduction strategies and measurable results; and

Whereas, there is a need to establish a long-term direction for health improvement for the State through the development of a comprehensive health improvement plan to be reviewed and updated annually; and

Whereas, the monies from the Master Settlement Agreement affords South Carolina an opportunity to invest in the health improvement of our citizens. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 44 of the 1976 Code is amended by adding:

Section 44-129-10. As used in this chapter, unless the context clearly indicates otherwise:

(1) 'Council' means the South Carolina Health Improvement Council established pursuant to Section 44-129-20.

(2) 'Fund' means the South Carolina Health Improvement Fund established pursuant to Section 44-129-50.

(3) 'Master Settlement Agreement' means the settlement agreement and related documents between the State and leading United States tobacco product manufacturers dated November 23, 1998.

Section 44-129-20. (A) There is created the South Carolina Health Improvement Council. The council is vested with all of the powers and duties as provided in this chapter. The council is established to administer and distribute the monies received pursuant to Section 44-129-50 for the purposes provided in this chapter.

(B) Notwithstanding the provisions of Section 8-13-770, the membership of the council is as follows:

(1) a chair, appointed by the Governor;

(2) two members appointed by the President Pro Tempore of the Senate;

(3) two members appointed by the Speaker of the House of Representatives;

(4) the chairman of the Legislative Black Caucus;

(5) the Director of the Department of Health and Environmental Control;

(6) the Director of the Department of Health and Human Services; and

(7) the Director of the Department of Alcohol and Other Drug Abuse Services.

(C) The following people with expertise in health care issues shall serve as the advisory committee to the council and attend all of its meetings:

(1) the President of the South Carolina Association of Council on Aging Directors;

(2) the President of the South Carolina Chapter, American Academy of Pediatrics;

(3) the Chief Executive Officer of the South Carolina Medical Association;

(4) the President of the Palmetto Medical, Dental, and Pharmaceutical Association;

(5) the Speaker of the House of the Silver Haired Legislature;

(6) a representative of the American Cancer Society as designated by that organization;

(7) the Executive Director of the American Lung Association of South Carolina;

(8) the Executive Director of the South Carolina Nurses Association;

(9) the President of the South Carolina Health Alliance;

(10) a representative of the American Heart Association as designated by that organization;

(11) the Dean of the College of Medicine at the Medical University of South Carolina;

(12) the Dean of the School of Medicine of the University of South Carolina;

(13) the President of the Rural Health Association;

(14) the Executive Director of the Alliance for South Carolina's Children;

(15) a representative of the South Carolina Appleseed Legal Justice Center;

(16) a representative of South Carolina Fair Share; and

(17) a representative of a consumer advocacy group appointed by the Governor.

(D) The membership of the council and its advisory committee shall represent and reflect the diversity of the citizens of the State, and, preferably, have at least two years' experience or involvement in health care issues. Representatives of the tobacco industry and tobacco industry subsidiaries may not serve on the council.

(E) Only the members listed in subsection (B) are voting members of the council. Members of the council or the advisory committee serve for a term of three years and until their successors are appointed and qualify. A vacancy on the council or advisory committee must be filled in the same manner as the original appointment for the remainder of the unexpired term. No member is eligible to serve more than three successive three-year terms; however, three additional terms may be served by a member appointed to fill a vacancy when the remainder of that term is two years or less.

(F) The Department of Health and Environmental Control shall provide administrative support to the council in order for it to carry out its powers and duties. The council may employ or contract for additional administrative support services with attorneys, accountants, consultants, or other professionals, as it considers appropriate. The actual expenses incurred in the performance of these administrative support duties shall be paid from the fund.

Section 44-129-30. The council is granted all powers necessary and appropriate to carry out its corporate purposes including, without limitation, the following:

(1) accept, hold, and administer monies distributed to the council pursuant to Section 44-129-50 and other money, securities, or other property appropriated, given or bequeathed to the council, absolutely or in trust, for the purposes for which the council is created;

(2) distribute the monies in the fund to entities for use as provided in this chapter, on terms and in amounts as it determines;

(3) make and execute contracts, other instruments, and agreements necessary or convenient for the exercise of its powers and functions;

(4) receive and accept aid, grants, contributions, and cooperation of any kind from any source for the purposes of this chapter, subject to conditions acceptable to the council and pursuant to other applicable state and federal laws upon which the aid, grants, contributions, and cooperation may be made;

(5) execute agreements with the Office of the State Treasurer to develop actuarially sound strategies to invest its funds as provided in this chapter or permitted by applicable law; and

(6) have succession until dissolved by the General Assembly when and if the monies received pursuant to Section 44-129-50 have been exhausted and the purposes of the council as stated in this section have been fulfilled. At that time the title to the properties of the council, both real and personal, insofar as is consistent with existing contractual obligations and subject to all other legally enforceable claims or demands by or against the council, must pass to and become vested in the State.

Section 44-129-40(A). The council has the following duties:

(1) require the development of a South Carolina Health Improvement Plan and annual recommendations to identify and prioritize the areas of greatest opportunity to improve health status;

(2) expend monies to improve the health status of children, youth, and seniors, reduce health disparities, and establish comprehensive tobacco use prevention programs based on, but not limited to, the recommendations of the State Health Improvement Plan;

(3) distribute funds based on the ability to demonstrate improvement in health status measured by the National Healthy People Goals published by the United States Department of Health and Human Services and identified in the South Carolina Health Improvement Plan; and

(4) evaluate the results of all efforts receiving support from the council.

(B) The development of the South Carolina Health Improvement Plan and annual recommendations are not subject to the notice and comment provisions of the Administrative Procedures Act as provided in Chapter 23, Title 1 of the 1976 Code.

Section 44-129-50. (A) The council shall create a fund to be known as the South Carolina Health Improvement Fund. The fund shall consist of the monies designated for use in the State under the Master Settlement Agreement and monies received from grants, donations, or additional appropriations and designated for deposit in the fund. No additional monies, grants, or donations may be received from tobacco industries or their subsidiaries.

(B) A portion of the monies distributed from the fund pursuant to this chapter must be used for the purpose of expanding the statewide comprehensive tobacco-use prevention and control program to include the components in the most recent Center of Disease Control and Prevention's Best Practices Publication.

(C) The council shall establish policies that require recipients of the funds to establish and maintain policies that restrict the use of tobacco products by minors.

(D) The council shall establish distribution criteria and an accountability process pursuant to this section.

Section 44-129-60. (A) Monies made available under the Master Settlement Agreement shall be administered by the council and expended in accordance with the following formula:

(1) fifteen percent of the funds appropriated for fiscal year 2001 and forty percent of recurring annual monies thereafter shall be spent on health improvement initiatives including, but not limited to, the provision of health care services;

(2) seventy-five percent of the funds appropriated for fiscal year 2001 and fifty percent of the recurring annual monies thereafter shall be invested in a trust fund;

(3) five percent of the funds appropriated each year shall be used to compensate tobacco growers who are legal residents of South Carolina; and

(4) five percent of the funds each year to fund rural economic development initiatives as appropriated by the General Assembly.

(B) Interest earned in the trust fund must be allocated annually by the council in accordance with the provisions of this chapter for health related initiatives and to provide administrative support for the council.

(C) Funds collected and distributed by the council must be spent to the greatest extent possible on initiatives that are focused on children and youth, on seniors, on reducing health disparities, and on a comprehensive tobacco use prevention program.

(D) Funds granted to South Carolina under the Master Settlement Agreement must not be used for the purposes of funding programs currently receiving an appropriation from the general fund or the supplemental appropriations bill. However, these funds may be used to supplement or enhance existing programs funded by the general fund or supplemental appropriations revenues.

Section 44-129-70. (A) The accounts and records of the council showing the receipt and disbursement of funds from whatever source derived must be in the form as prescribed by the Comptroller General.

(B) The accounts of the council are subject to audit by the Comptroller General or his designee. Copies of any audit must be distributed to the Governor and to the chairmen of the House Ways and Means Committee and the Senate Finance Committee.

Section 44-129-80. The council shall submit a report annually to the Governor and the General Assembly. The report must include information regarding programs supported by the council and expenditures from the fund.

Section 44-129-90. The council is performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The property of the council and its income and operations are exempt from taxation or assessments upon property acquired or used by the council under the provisions of this chapter."

SECTION 2. This act takes effect upon approval by the Governor.

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