House Concurrent Resolution 47

A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 BY CREATING A NEW SECTION ESTABLISHING A COMPREHENSIVE STATEWIDE TOBACCO EDUCATION AND PREVENTION PROGRAM; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend the Mississippi Constitution of 1890 to create a new Section to read as follows:

"Section __. Comprehensive Statewide Tobacco Education and Prevention Program. In order to protect people, especially youth, from health hazards of using tobacco, including addictive disorders, cancer, cardiovascular diseases and lung diseases; and to discourage use of tobacco, particularly among youth, a portion of the money that tobacco companies pay to the State of Mississippi under the Tobacco Settlement each year shall be used to fund a comprehensive statewide tobacco education and prevention program consistent with recommendations of the U.S. Centers for Disease Control and Prevention (CDC) as follows:

(a) Program. The money appropriated pursuant to this section shall be used to fund a comprehensive statewide tobacco education and prevention program consistent with the recommendations for effective program components in the 1999 Best Practices for Comprehensive Tobacco Control Programs of the CDC, as such Best Practices may be amended by the CDC. This program shall include, at a minimum, the following components, and may include additional components that are also contained within the CDC Best Practices, as periodically amended, and that are effective at accomplishing the purpose of this section, and that do not undermine the effectiveness of these required minimum components:

(i) An advertising campaign to discourage the use of tobacco and to educate people, especially youth, about the health hazards of tobacco, which shall be designed to be effective at achieving these goals and shall include, but need not be limited to, television, radio and print advertising, with no limitation on any individual advertising medium utilized;

(ii) Evidence-based curricula and programs to educate youth about tobacco and to discourage their use of it, including, but not limited to, programs that involve youth, educate youth about the health hazards of tobacco, help youth develop skills to refuse tobacco, and demonstrate to youth how to stop using tobacco;

(iii) Programs of local community-based partnerships that discourage the use of tobacco and work to educate people, especially youth, about the health hazards of tobacco, with an emphasis on programs that involve youth and emphasize the prevention and cessation of tobacco use;

(iv) Enforcement of laws, regulations and policies against the sale or other provision of tobacco to minors, and the possession of tobacco by minors;

(v) Programs assisting and encouraging participation in tobacco cessation throughout Mississippi; and

(vi) Publicly-reported annual evaluations to ensure that moneys appropriated pursuant to this section are spent properly, which shall include evaluation of the program's effectiveness in reducing and preventing tobacco use and annual recommendations for improvements to enhance the program's effectiveness, which are to include comparisons to similar programs proven to be effective in other states, as well as comparisons to CDC Best Practices, including amendments thereto.

(b) Funding. In every year beginning with the calendar year after voters approve this amendment, the Mississippi Legislature shall appropriate to a nonprofit entity designated by the legislature or the Partnership for a Healthy Mississippi, for the purpose expressed in this section, from the total gross funds that tobacco companies pay to the State of Mississippi under the Tobacco Settlement, an amount equal to twenty percent (20%) of such funds paid to the state in 2005; and the appropriation required by this section shall be adjusted annually for inflation, using the Consumer Price Index as published by the United States Department of Labor.

(c) Definitions. "Tobacco" includes, without limitation, tobacco itself and tobacco products that include tobacco and are intended or expected for human use or consumption, including but not limited to, cigarettes, cigars, pipe tobacco and smokeless tobacco. The "Tobacco Settlement" means that certain settlement agreement of the case of Mike More, Attorney General ex. rel. State of Mississippi v. The American Tobacco Company et al. (Chancery Court of Jackson County, Mississippi, Cause No. 94-1429) and the settlement of any case brought against tobacco companies by another state, and includes any subsequent amendments and successor agreements. "Youth" includes minors and young adults. "Health Care Trust Fund" means the trust fund established by the Legislature for the deposit of the funds received by the State of Mississippi as a result of the tobacco settlement, including income from the investment of those funds. "Health Care Expendable Fund" means the fund established for the annual transfer of certain funds from the Health Care Trust Fund that are available for appropriation by the Legislature. "Income" means all interest and dividends derived from the investment of any tobacco settlement funds and any capital gains from the sale or exchange of those investments.

(e) This amendment shall be known as the "Youth Tobacco Addiction and Prevention Amendment.""

BE IT FURTHER RESOLVED, That this amendment shall be submitted to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2006, as provided by Section 273 of the Constitution and by law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment establishes a Statewide Tobacco Education and Prevention Program, describes its components and requires an annual appropriation to a nonprofit entity for the purposes of implementing the program."