§32.1-354. Definitions.
As used in this chapter, unless the context clearly indicates otherwise:
"Board" means the Board of Trustees of the Foundation appointed pursuant to §32.1-357.
"Director" means the director of the Foundation appointed pursuant to§32.1-358.
"Foundation" means the Virginia Tobacco Settlement Foundation, created pursuant to §32.1-355.
"Fund" means the Virginia Tobacco Settlement Fund established pursuant to §32.1-360.
§32.1-355. Virginia Tobacco Settlement Foundation created; purposes.
The Virginia Tobacco Settlement Foundation is hereby created as a body corporate and a political subdivision of the Commonwealth and as such shall have, and is hereby vested with, all of the politic and corporate powers as are set forth in this chapter. The Foundation is established for the purposes of determining the appropriate recipients of moneys in the Virginia Tobacco Settlement Fund and causing distribution of such moneys for the purposes provided in this chapter, including using moneys in the Virginia Tobacco Settlement Fund to assist in financing efforts to restrict the use of tobacco products by minors through such means as educational and awareness programs on the health effects of tobacco use on minors and laws restricting the distribution of tobacco products to minors. The Foundation shall have only those powers enumerated in §32.1-356.
§32.1-356. Powers of the Foundation.
The Foundation is hereby granted all powers necessary or appropriate to carry out and effectuate its corporate purposes, including, without limitation, the following:
1. To have an official seal and to alter the same at pleasure;
2. To maintain an office at such place or places within this Commonwealth as it may designate;
3. To accept, hold, and administer moneys, grants, securities, or other property transferred, given, or bequeathed to the Foundation, absolutely or in trust, for the purposes for which the Foundation is created;
4. To determine how moneys in the Fund are to be distributed and to authorize distribution of moneys in the Fund to entities whose goal is to discourage, eliminate or prevent the use of tobacco products by minors in the Commonwealth, on such terms and in such amounts as determined by the Board;
5. To make and execute contracts and all other instruments and agreements necessary or convenient for the exercise of its powers and functions;
6. To appoint and prescribe the duties of such officers, agents, employees, advisors, and consultants as may be necessary to carry out its functions, and to fix and pay such compensation to them for their services as the Foundation may determine;
7. To adopt and from time to time amend and repeal bylaws, not inconsistent with this chapter, to carry into effect the powers and purposes of the Foundation;
8. To receive and accept aid, grants, contributions and cooperation of any kind from any source for the purposes of this chapter subject to such conditions, acceptable to the Foundation, upon which such aid, grants, contributions and cooperation may be made;
9. To do any lawful act necessary or appropriate to carry out the powers herein granted or reasonably implied, including use of whatever lawful means may be necessary and appropriate to recover any payments wrongfully made from the Fund.
§32.1-357. Board of Trustees; appointment; officers.
A. The Foundation shall be governed and administered by a Board of Trustees consisting of twenty-one members. Two members shall be appointed by the Speaker of the House of Delegates from among the membership of the House of Delegates, one representing rural interests and one representing urban interests, for terms concurrent with the term for which they have been elected to office; two members shall be appointed by the Senate Committee on Privileges and Elections, one representing rural interests and one representing urban interests, from among the membership of the Senate for terms concurrent with the term for which they have been elected to office; and seventeen members shall be appointed by the Governor, subject to confirmation by the General Assembly, as follows: (I) five designated representatives of public health organizations, such as the American Cancer Society, American Heart Association, American Lung Association of Virginia, Medical Society of Virginia, and the Virginia Thoracic Society; (ii) four health professionals in the fields of oncology, cardiology, pulmonary medicine, and pediatrics; and (iii) eight citizens, including two youths.
Except as otherwise provided herein, appointments shall be for four years. Vacancies in the membership of the Boar4d shall be filled by appointment of the entity initially making the appointment for the unexpired portion of the term. No member shall be eligible to serve for more than two successive four-year terms; however, after the expiration of a term of three years or less, or after the expiration of the remainder of a term to which he was appointed to fill a vacancy, two additional terms may be served by such member if appointed thereto. Immediately after such appointment, the members shall enter upon the performance of their duties.
The initial appointments of the representatives of the public health organizations, the health professionals, and the citizen members shall be as follows: one representative of a public health organization, two health professionals and three citizen members shall be appointed for terms of two years; two representatives of public health organizations, one health professional and three citizen members shall be appointed for terms of three years; and two representatives of public health organizations, on health professional and two citizen members shall be appointed for terms of four years. Thereafter all appointments shall be for terms of four years.
B. The Governor shall appointed from the membership of the Board a chairman and vice-chairman, both of whom shall serve in such capacities at the pleasure of the Governor. The chairman, or in his absence, the vice-chairman, shall preside at all meetings of the Board. A majority of the members of the Board serving at any one time shall constitute a quorum for the transaction of business. The Board shall meet annually or more frequently at the call of the chairman.
C. Members of the Board shall receive reimbursement for actual expenses incurred in the performance of their duties on behalf of the Board. Such expenses shall be paid from the Fund.
D. Notwithstanding the provisions of any other law, no officer or employee of the Commonwealth shall be deemed to have forfeited or shall forfeit his office or employment by reason of his acceptance of membership on the Board or his service to the Foundation.
§32.1-358. Appointment of director; counsel to the Board and Foundation.
A. The Governor shall appoint a director, whose compensation shall be determined by the Board, subject to approval by the Governor, and who shall also be the secretary or the Board. The director shall administer, manage and direct the affairs and business of the Foundation in accordance with the provisions of this chapter, subject to the policies, control and direction of the Board. The Board may employ technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The Board may delegate to one or more of its agents or employees such administrative duties as it may deem proper. The actual expenses incurred in the performance of such duties shall be paid from the Fund.
B. The Office of the Attorney General shall provide counsel to the Board and the Foundation.
§32.1-359. Duties of the Board.
The Board shall perform the following duties:
1. Establish specific criteria and procedures governing decisions by the Foundation to cause the moneys in the Fund to be distributed to entities for use in the discouragement, elimination or prevention of the use of tobacco products by minors;
2. Establish requirements that every recipient of money distributed from the Fund establish and maintain policies that restrict the use of tobacco products by minors, as provided in §32.1-361.
3. Evaluate the proposals for the use of the assets of the Fund in accordance with the criteria established by the Board and the provisions of this chapter; and
4. Evaluate the implementation and results of all efforts receiving support from the Foundation.
§32.1-360. Virginia Tobacco Settlement Fund.
There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Tobacco Settlement Fund. The Fund shall be established on the books of the Comptroller. Ten percent of the annual amount received by the Commonwealth from the Master Settlement Agreement shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes described in this chapter. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written authorization signed by the chairman of the Board or his designee. Moneys in the Fund shall be used for the purposes of discouraging, eliminating or preventing the use of tobacco products by minors, including but not limiting to educational and awareness programs on the health effects of tobacco use on minors and laws restricting the distribution of tobacco products to minors.
§32.1-361. Use of moneys distributed.
Any recipient of any moneys distributed from the Fund pursuant to this chapter for the purpose of restricting the use of tobacco products by minors shall be required, as a condition precedent to the release of such moneys to such entity, to establish and maintain policies restricting or preventing tobacco use by minors. The Foundation shall (I) establish criteria for determining whether an entity’s policies support the restriction of tobacco use by minors and (I)i monitor the distribution of such moneys to ensure that the recipients of such funds are in compliance with the provisions of this section.
§32.1-362. Audit.
The accounts of the Foundation shall be audited annually by the Auditor of Public Accounts, or his legally authorized representatives. Copies of the annual audit shall be distributed to the Governor and to the Chairman of the House Committee on Appropriations and the Senate Committee on Finance.
§32.1-363. Forms of accounts and records.
The accounts and records of the Foundation showing the receipt and disbursement of funds from whatever source derived shall be in such form as the Auditor of Public Accounts prescribes.
§32.1-364. Reports to the Governor and General Assembly.
The Foundation shall submit a report annually to the Governor and the General Assembly. The report shall include information regarding programs supported by the Foundation and expenditures from the Fund.
§32.1-365. Public purpose; exemption from taxation.
A. The exercise of the powers granted by this chapter shall be in all respects for the benefit of the citizens of the Commonwealth and for the promotion of their safety, health, welfare, knowledge, convenience and prosperity.
B. The Foundation will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter, and the property of the Foundation and its income and operations shall be exempt from taxation or assessments upon any property acquired or used by the Foundation under the provisions of this chapter.
2. That there is hereby appropriated to the Tobacco Indemnification and Community Revitalization Fund fifty percent of all amounts received by the Commonwealth from the Master Settlement Agreement between the effective date of this act and June 30, 2000. There is hereby appropriated to the Virginia Tobacco Settlement Fund ten percent of all amounts received by the Commonwealth from the Master Settlement Agreement between the effective date of this act and June 30,2000. All remaining funds received by the Commonwealth from the Master Settlement Agreement between the effective date of this act and June 30, 2000, shall be deposited in the general fund.
3. That the amounts appropriated by this act shall be subject to reduction in the event that the federal government takes as recovery of the federal share of Medicaid expenditures money from the amounts received by the Commonwealth from the Master Settlement Agreement. Should such recovery by the federal government occur, the appropriations provided by this act to the Tobacco Indemnification and Community Revitalization Fund and the Virginia Tobacco Settlement Fund shall be fifty percent and ten percent, respectively, of the net amounts received from the Master Settlement Agreement, after any amounts recovered by the federal government are subtracted from all amounts received from the Master Settlement Agreement.
4. That notwithstanding §4-11.00 and all other provisions of Chapter 464, Acts of Assembly of 1998, as amended by Chapter 1, Acts of Assembly of 1998, Special Session I, and as may be further amended, and until June 30, 2000, the provisions of this act shall prevail over any conflicting provision of any other law.
back to top
|
