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IC 4-12-4-1
Repealed
(Repealed by P.L.229-2011, SEC.268.)
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
Repealed
(Repealed by P.L.229-2011, SEC.268.)
IC 4-12-4-5
Repealed
(Repealed by P.L.229-2011, SEC.268.)
IC 4-12-4-6
Repealed
(Repealed by P.L.229-2011, SEC.268.)
IC 4-12-4-7
Repealed
(Repealed by P.L.229-2011, SEC.268.)
IC 4-12-4-8
Repealed
(Repealed by P.L.229-2011, SEC.268.)
IC 4-12-4-9 Version a
Additional powers of executive board
Note: This version of section amended by P.L.197-2011, SEC.4.
See also following version of this section amended by P.L.229-2011,
SEC.45.
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;
(6) make recommendations to the governor, the budget agency,
and the general assembly concerning the priorities for
appropriation and distribution of money from the Indiana health
care account established by IC 4-12-5-3; and
(7) 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. Amended by P.L.197-2011, SEC.4.
IC 4-12-4-9 Version b
Termination; tobacco use prevention and cessation executive
board; additional powers of department
Note: This version of section amended by P.L.229-2011, SEC.45.
See also preceding version of this section amended by P.L.197-2011,
SEC.4.
Sec. 9. (a) The Indiana tobacco use prevention and cessation
executive board is abolished July 1, 2011. On July 1, 2011:
(1) all assets, obligations, powers, and duties of the executive
board are transferred to the state department of health; and
(2) all appropriations made to the Indiana tobacco use
prevention and cessation executive board are transferred to the
state department of health and are considered appropriations
made to the state department of health.
(b) In addition to any other power granted by this chapter, the
state department of health may:
(1) adopt rules under IC 4-22-2 to carry out this chapter;
(2) 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;
(3) 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 state department of health considers
necessary;
(4) recommend legislation to the governor and general
assembly; and
(5) do any and all acts and things necessary, proper, or
convenient to carry out this chapter.
As added by P.L.21-2000, SEC.2. Amended by P.L.229-2011,
SEC.45.
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 state department of health may expend
money from the fund and make grants from the fund to implement
the long range state plan established under this chapter.
Administrative expenses necessary to carry out this chapter 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 state department of
health. 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 state department of health after
appropriation.
As added by P.L.21-2000, SEC.2. Amended by P.L.291-2001,
SEC.53; P.L.229-2011, SEC.46.
IC 4-12-4-11
Mission statement; long range state plan
Sec. 11. (a) The state department of health 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;
IC 4-12-4-12
Applications for grants
Sec. 12. A public or private entity or an individual may submit an
application to the state department of health 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 state department of health'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 state department of
health.
The state department of health may adopt written guidelines to
establish procedures, forms, additional evaluation criteria, and
application deadlines.
As added by P.L.21-2000, SEC.2. Amended by P.L.229-2011,
SEC.48.
IC 4-12-4-13
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 state
department of health. The state agency or public or private entity
shall submit a description of the proposed expenditure to the state
department of health for the state department of health'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 state department of health.
As added by P.L.21-2000, SEC.2. Amended by P.L.229-2011,
SEC.49.
IC 4-12-4-14
Annual reports
Sec. 14. The state department of health shall prepare an annual
financial report and an annual report concerning the state department
of health'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 state department of health
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;
P.L.229-2011, SEC.50.
IC 4-12-4-15
Annual audit
Sec. 15. The funds, accounts, management, and operations of the
state department of health under this chapter are subject to annual
audit by the state board of accounts.
As added by P.L.21-2000, SEC.2. Amended by P.L.229-2011,
SEC.51.
IC 4-12-4-16
Repealed
(Repealed by P.L.197-2011, SEC.153.)