UTAH CODE (Last Updated: January 16, 2015) |
Title 51. Public Funds and Accounts |
Chapter 9. Funds and Accounts Act |
Part 2. Tobacco Settlement Funds and Endowment |
§ 51-9-203. Requirements for tobacco programs.
Latest version.
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(1) To be eligible to receive funding under this part for a tobacco prevention, reduction, cessation, or control program, an organization, whether private, governmental, or quasi-governmental, shall: (b) agree, by contract, to file an annual written report with the Department of Health. The report shall contain the following: (i) the amount funded; (ii) the amount expended; (iii) a description of the program or campaign and the number of adults and youth who participated; (iv) specific elements of the program or campaign meeting the applicable criteria set forth in Subsection (1)(a); and (v) a statement concerning the success and effectiveness of the program or campaign; (c) agree, by contract, to not use any funds received under this part directly or indirectly, to: (i) engage in any lobbying or political activity, including the support of, or opposition to, candidates, ballot questions, referenda, or similar activities; or (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to enforce: (A) the provisions of the Master Settlement Agreement; (B) Title 26, Chapter 38, Utah Indoor Clean Air Act; (C) Title 26, Chapter 42, Civil Penalties for Tobacco Sales to Underage Persons; and (D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and (d) agree, by contract, to repay the funds provided under this part if the organization: (i) fails to file a timely report as required by Subsection (1)(b); or (ii) uses any portion of the funds in violation of Subsection (1)(c). (2) The Department of Health shall review and evaluate the success and effectiveness of any program or campaign that receives funding pursuant to a request submitted under Subsection (1). The review and evaluation: (a) shall include a comparison of annual smoking trends; (b) may be conducted by an independent evaluator; and (c) may be paid for by funds appropriated from the account for that purpose. (3) The Department of Health shall annually report to the Social Services Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2). (4) An organization that fails to comply with the contract requirements set forth in Subsection (1) shall: (a) repay the state as provided in Subsection (1)(d); and (b) be disqualified from receiving funds under this part in any subsequent fiscal year. (5) The attorney general shall be responsible for recovering funds that are required to be repaid to the state under this section. (6) Nothing in this section may be construed as applying to funds that are not appropriated under this part.
Amended by Chapter 242, 2012 General Session