LRB-2413/3
TAY:cmh:km
1999 - 2000 LEGISLATURE
June 15, 1999 - Introduced by Committee on Human Services and Aging, by request
of Attorney General James Doyle, American Cancer Society, Southern District,
American Cancer Society, Midwest Division, American Heart Association, American
Heart Association, Marathon County, American Heart Association, Sheboygan
Division, American Lung Association, Wisconsin Education Association Council
(WEAC), State Medical Society of Wisconsin, Aurora Health Care, Glaxo Welcome,
Dean Health System, Children Hospital System, Medical College of Wisconsin,
Marshfield Clinic, Wisconsin Public Health Association, March of Dimes Birth
Defects Foundation, Wisconsin Nurses Association, Wisconsin Academy of Family
Physicians, Wisconsin Grocers Association, Medical Associates Health Plans,
Church Health Services, Wisconsin Association of Local Health Departments and
Boards, Wisconsin Nursing Coalition, Association of Operating Room Nurses,
Association of Women's Health, Obstetrics, and Neonatal Nurses, Milwaukee,
District Nurses Association, 1199W/United Professionals for Quality Health
Care/SEIU, Wisconsin Association of Licensed Practical Nurses, Wisconsin
Association of Nurse Anesthetists, Wisconsin Association of Rehabilitation Nurses,
Wisconsin Chapter of American College Nurse-Midwives, Wisconsin Federation of
Nurses and Health Professionals, AFT, AFL-CIO, Wisconsin Society of
Perianesthesia, Professional Fire Fighters of Wisconsin, Care Foundation, Inc.,
Children's Health System, Inc., Consortium for Primary Care in Wisconsin, Family
and Sports Orthopedic Center, Ltd., Family Resource Center of Iowa County Inc.,
Franciscan Skemp Healthcare, Wisconsin Alcohol, Tobacco and Other Drug
Education Network (WATODEN), Wisconsin Environmental Health Association
(WEHA), Wisconsin Primary Health Care Association, YWCA of Waukesha, WI
Alzheimer's Association Chapter Network, La Crosse Health Department, Confront
Addiction Now, Ozaukee Council, Playful Kids Learning Center, Price County Health
Department, Highland Dental Health, Wisconsin Indianhead Technical College -
Superior Campus, Medical Associates of Beaver Dam - St. Mary's/Dean Ventures,
CARE Foundation, Family and Sports Orthopedic Center, LLC, Beaver Dam,
National Honor Society, Beaver Dam, St. Croix Department of Health and Human
Services, Central States Occupational Medicine Association, Mercy Health
System/Mercy Care Insurance Company, Medical Health Associates, Fond du Lac
County Tobacco Control Coalition, Winnebago County Tobacco Free Coalition,
Senators Robson, Roessler, Burke, Rosenzweig, Cowles, Wirch, Schultz, Darling,
Grobschmidt, Risser, Clausing, Erpenbach, Huelsman, George and Shibilski,
Representatives Urban, Bock, Riley, Walker, M. Lehman, Townsend, Handrick,
Freese, Ott, Klusman, Morris-Tatum, Coggs, Young, Schoof, J. Lehman, Hebl, Miller,
Turner, La Fave, Black, Hasenohrl, Richards, Carpenter, Plouff, Cullen, Reynolds,
Boyle, Travis, Wasserman, Berceau, Meyerhofer, Schneider, Sinicki, Staskunas,
Lassa, Meyer and Krusick. Referred to Committee on Human Services and Aging.
SB197,2,3
1An Act to create 15.77, 20.436, 25.17 (1) (tt), 25.66, 230.08 (2) (wy) and 255.15
2of the statutes;
relating to: creating a health trust fund and health trust board,
3granting rule-making authority and making an appropriation.
Analysis by the Legislative Reference Bureau
In November 1998, Wisconsin and 45 other states entered into the Attorneys
General Master Tobacco Settlement (settlement) with the tobacco industry, which
requires tobacco companies to make payments to the states in perpetuity. Under the
settlement, it is estimated that Wisconsin will receive a total of $5.9 billion through
2025.
This bill directs that the first $50 million received annually under the
settlement be deposited into a segregated fund. Under the bill, moneys deposited
into the fund may only be used for the costs associated with providing grants to
organizations for activities related to smoking cessation and tobacco use reduction.
The bill also creates an independent board composed of the attorney general,
two senators and two representatives of the assembly (one from each party in each
house); the secretary of health and family services; the superintendent of public
instruction; one physician with expertise in oncology, smoking cessation or public
health; one student from the University of Wisconsin System; two high school
students; five representatives of organizations that have as their primary
organizational mission reducing the health or economic consequences of tobacco use
or ameliorating the effects of tobacco use and reducing incidence of particular
diseases or health conditions associated with tobacco use; one local health officer;
and one person who is a minority group member.
The bill requires the board to develop a competitive grant program and to
administer the grant program. Under the bill, the board must promulgate rules
specifying criteria for receiving a grant, including performance standards for
media-based projects for which grants are awarded.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB197, s. 1
4Section
1. 15.77 of the statutes is created to read:
SB197,2,6
515.77 Health trust board. (1) There is created a health trust board. The
6health trust board shall consist of the following members:
SB197,2,77
(a) The attorney general or his or her designee.
SB197,3,4
1(b) One majority party senator, one minority party senator, one majority party
2representative to the assembly and one minority party representative to the
3assembly, appointed as are the members of standing committees in their respective
4houses.
SB197,3,55
(c) The secretary of health and family services or his or her designee.
SB197,3,66
(d) The superintendent of public instruction.
SB197,3,87
(e) One physician with expertise in oncology, smoking cessation or public
8health.
SB197,3,99
(f)
One student from the University of Wisconsin System.
SB197,3,1110
(g) Two high school students, including at least one minority student, as
11defined in s. 39.40 (1).
SB197,3,1512
(h) Five representatives of organizations that have as their primary
13organizational mission reducing the health or economic consequences of tobacco use
14or ameliorating the effects of tobacco use and reducing the incidence of particular
15diseases or health conditions associated with tobacco use.
SB197,3,1616
(i) One local health officer.
SB197,3,1717
(j) One person who is a minority group member, as defined in s. 560.036 (1) (f).
SB197,3,21
18(2) The members specified in sub. (1) (e) to (j) shall be appointed for 3-year
19terms, except that if a student member appointed under sub. (1) (f) or (g) loses the
20status upon which the appointment was based, he or she shall cease to be a member
21of the health trust board.
SB197,3,24
22(3) The board shall meet at least 4 times per year. Ten members constitute a
23quorum. For the purpose of conducting business and exercising its powers, a
24majority vote of the board is required.
SB197, s. 3
3Section
3. 20.436 of the statutes is created to read:
SB197,4,5
420.436 Health trust board. There is appropriated from the health trust fund
5to the health trust board for the following programs:
SB197,4,7
6(1) Smoking cessation and education. (a)
General program operations. The
7amounts in the schedule for general program operations of the health trust board.
SB197,4,98
(b)
Grants. Biennially, the amounts in the schedule for the purposes specified
9under s. 255.15 (3).
SB197,4,1110
(g)
Gifts and grants. All moneys received from gifts, grants and donations for
11the purposes specified under s. 255.15.
SB197, s. 4
12Section
4. 25.17 (1) (tt) of the statutes is created to read:
SB197,4,1313
25.17
(1) (tt) Health trust fund (s. 25.66);
SB197, s. 5
14Section
5. 25.66 of the statutes is created to read:
SB197,4,16
1525.66 Health trust fund. (1) Definition. In this section, "board" means the
16health trust board.
SB197,4,18
17(2) Creation. There is created a separate nonlapsible trust fund, known as the
18health trust fund, to consist of the lesser of the following:
SB197,5,2
1(a) The first $50,000,000 of the moneys received annually under the Attorneys
2General Master Tobacco Settlement Agreement of November 23, 1998.
SB197,5,43
(b) The moneys received annually under the Attorneys General Master Tobacco
4Settlement Agreement of November 23, 1998.
SB197,5,6
5(3) Distribution. Amounts in the fund may be distributed only for the purposes
6specified in s. 20.436.
SB197, s. 6
7Section
6. 230.08 (2) (wy) of the statutes is created to read:
SB197,5,88
230.08
(2) (wy) The executive director and staff of the health trust board.
SB197, s. 7
9Section
7. 255.15 of the statutes is created to read:
SB197,5,10
10255.15 Health trust board. (1) Definitions. In this section:
SB197,5,1111
(a) "Board" means the health trust board under s. 15.77.
SB197,5,1312
(b) "Tobacco settlement" means the Attorneys General Master Tobacco
13Settlement Agreement of November 23, 1998.
SB197,5,14
14(2) Duties. The board shall do all of the following:
