IC 4-12-4
    Chapter 4. Indiana Tobacco Use Prevention and Cessation TrustFund

IC 4-12-4-1
"Executive board" defined
    Sec. 1. As used in this chapter, "executive board" refers to theIndiana tobacco use prevention and cessation executive board createdby section 4 of this chapter.
As added by P.L.21-2000, SEC.2.

IC 4-12-4-2
"Fund" defined
    Sec. 2. As used in this chapter, "fund" refers to the Indianatobacco use prevention and cessation trust fund created by thischapter.
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" hasthe meaning set forth in IC 24-3-3-6.
As added by P.L.21-2000, SEC.2.

IC 4-12-4-4
Creation of executive board; members
    Sec. 4. (a) The Indiana tobacco use prevention and cessationexecutive board is created.
    (b) The executive board is an agency of the state.
    (c) The executive board consists of the following:
        (1) The following five (5) ex officio members:
            (A) The executive director employed under section 6 of thischapter.
            (B) The state superintendent of public instruction, or thestate superintendent's designee.
            (C) The attorney general, or the attorney general's designee.
            (D) The commissioner of the state department of health, orthe commissioner's designee.
            (E) The secretary of the family and social servicesadministration, or the secretary's designee.
        (2) Eleven (11) members who are appointed by the governorand have knowledge, skill, and experience in smoking reductionand cessation programs, health care services, or preventivehealth care measures.
        (3) Six (6) members who are appointed by the governor whorepresent the following organizations:
            (A) The American Cancer Society.
            (B) The American Heart Association, Indiana Affiliate.
            (C) The American Lung Association of Indiana.
            (D) The Indiana Hospital and Health Association.            (E) The Indiana State Medical Association.
            (F) The Indiana Council of Community Mental HealthCenters.
The executive director serves as a nonvoting member and all othermembers serve as voting members.
    (d) During a member's term of service on the executive board, anappointed member of the executive board may not be an official oremployee of the state.
    (e) Not more than six (6) members of the executive boardappointed under subsection (c)(2) may belong to the same politicalparty.
    (f) A member appointed under subsection (c)(2) serves a four (4)year term and shall hold over after the expiration of the member'sterm until the member's successor is appointed and qualified. Amember appointed under subsection (c)(3) serves until the memberresigns or is removed from the executive board by the governor.
    (g) The governor may reappoint an appointed member of theexecutive board.
    (h) A vacancy with respect to a member appointed undersubsection (c)(2) shall be filled for the balance of an unexpired termin the same manner as the original appointment. A vacancy withrespect to a member appointed under subsection (c)(3) shall be filledin the same manner as the original appointment.
    (i) The governor shall designate a member to serve as chairpersonof the executive board. The executive board shall annually elect one(1) of its ex officio members as vice chairperson and may elect anyother officer that the executive board desires.
    (j) The governor may remove a member appointed undersubsection (c)(2) for misfeasance, malfeasance, willful neglect ofduty, or other cause after notice and a public hearing, unless themember expressly waives the notice and hearing in writing.
As added by P.L.21-2000, SEC.2.

IC 4-12-4-5
Expenses of executive board members
    Sec. 5. (a) An appointed member of the executive board who isnot a state employee is entitled to the minimum salary per diemprovided by IC 4-10-11-2.1(b). Each appointed member is entitled toreimbursement for traveling expenses and other expenses actuallyincurred in connection with the member's duties.
    (b) An ex officio member of the executive board is entitled toreimbursement for traveling expenses and other expenses actuallyincurred in connection with the member's duties.
As added by P.L.21-2000, SEC.2.

IC 4-12-4-6
Powers of executive board
    Sec. 6. (a) The executive board may:
        (1) employ an executive director; and
        (2) delegate necessary and appropriate functions and authority

to the executive director.
    (b) Subject to the approval of the executive board, the executivedirector may do the following:
        (1) Employ staff necessary to advise and assist the executiveboard as required by this chapter.
        (2) Fix compensation of staff according to the policies currentlyenforced by the budget agency and the state personneldepartment.
        (3) Engage experts and consultants to assist the executiveboard.
        (4) Expend funds made available to the staff according to thepolicies established by the budget agency.
        (5) Establish policies, procedures, standards, and criterianecessary to carry out the duties of the staff of the executiveboard.
As added by P.L.21-2000, SEC.2.

IC 4-12-4-7
Quorum; voting; meetings
    Sec. 7. (a) Eleven (11) voting members of the executive boardconstitute a quorum for:
        (1) the transaction of business at a meeting of the executiveboard; or
        (2) the exercise of a power or function of the executive board.
    (b) The affirmative vote of a majority of all the voting membersof the executive board is necessary for the executive board to takeaction. A vacancy in the membership of the executive board does notimpair the right of a quorum to exercise all the rights and perform allthe duties of the executive board.
    (c) The executive board shall meet at least quarterly and at the callof the chairperson.
As added by P.L.21-2000, SEC.2.

IC 4-12-4-8
Executive board as public agency and governing body
    Sec. 8. (a) The executive board is a public agency for purposes ofIC 5-14-1.5 and IC 5-14-3.
    (b) The executive board is a governing body for purposes ofIC 5-14-1.5.
As added by P.L.21-2000, SEC.2.

IC 4-12-4-9
Additional powers of executive board
    Sec. 9. In addition to any other power granted by this chapter, theexecutive 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 affairsand the conduct of its business and prescribe policies inconnection with the performance of its functions and duties;
        (3) accept gifts, devises, bequests, grants, loans, appropriations,

revenue sharing, other financing and assistance, and any otheraid from any source and agree to and comply with conditionsattached to that aid;
        (4) make, execute, and effectuate any and all contracts,agreements, or other documents with any governmental agencyor any person, corporation, limited liability company,association, partnership, or other organization or entitynecessary or convenient to accomplish the purposes of thischapter, including contracts for the provision of all or anyportion of the services the executive board considers necessaryfor the management and operations of the executive board;
        (5) recommend legislation to the governor and generalassembly; and
        (6) do any and all acts and things necessary, proper, orconvenient to carry out this article.
As added by P.L.21-2000, SEC.2.

IC 4-12-4-10
Establishment of fund; contents; administration
    Sec. 10. (a) The Indiana tobacco use prevention and cessationtrust fund is established. The executive board may expend moneyfrom the fund and make grants from the fund to implement the longrange state plan established under this chapter. General operating andadministrative expenses of the executive board are also payable fromthe fund.
    (b) The fund consists of:
        (1) amounts, if any, that another statute requires to bedistributed to the fund from the Indiana tobacco mastersettlement 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 executive board.Notwithstanding IC 5-13, the treasurer of state shall invest the moneyin the fund not currently needed to meet the obligations of the fundin the same manner as money is invested by the public employeesretirement fund under IC 5-10.3-5. The treasurer of state maycontract with investment management professionals, investmentadvisors, and legal counsel to assist in the investment of the fund andmay 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 tothe state general fund.
    (d) All income and assets of the executive board deposited in thefund are for the use of the executive board without appropriation.
As added by P.L.21-2000, SEC.2. Amended by P.L.291-2001,SEC.53.

IC 4-12-4-11
Mission statement; long range state plan    Sec. 11. (a) The executive board shall develop:
        (1) a mission statement concerning prevention and reduction ofthe usage of tobacco and tobacco products in Indiana, including:
            (A) emphasis on prevention and reduction of tobacco use byminorities, pregnant women, children, and youth, includingyouth with serious and emotional disturbances;
            (B) encouragement of smoking cessation;
            (C) production and distribution of information concerningthe dangers of tobacco use and tobacco related diseases;
            (D) providing research on issues related to reduction oftobacco use;
            (E) enforcement of laws concerning sales of tobacco toyouth and use of tobacco by youth; and
            (F) other activities that the executive board considersnecessary and appropriate for inclusion in the missionstatement; and
        (2) a long range state plan, based on Best Practices for TobaccoControl Programs as published by the Centers for DiseaseControl and Prevention, for:
            (A) the provision of services by the executive board, publicor private entities, and individuals to implement theexecutive board's mission statement; and
            (B) the coordination of state efforts to reduce usage oftobacco and tobacco products.
The executive board shall update the mission statement and longrange state plan as necessary to carry out the purposes of thischapter.
    (b) The long range state plan described in subsection (a) must:
        (1) cover a period of at least five (5) years;
        (2) include base line data concerning tobacco usage;
        (3) set forth specific goals for prevention and reduction oftobacco usage in Indiana; and
        (4) be made available to the governor, the general assembly,and any other appropriate state or federal agency.
As added by P.L.21-2000, SEC.2. Amended by P.L.99-2007, SEC.7.

IC 4-12-4-12
Applications for grants
    Sec. 12. A public or private entity or an individual may submit anapplication to the executive board for a grant from the fund. Eachapplication 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 programwill further the goals of the executive board's mission statementand long range state plan.
        (4) The amount of the grant requested.
        (5) An evaluation and assessment component to determine theprogram's performance.
        (6) Any other information required by the executive board.The executive board may adopt written guidelines to establishprocedures, forms, additional evaluation criteria, and applicationdeadlines.
As added by P.L.21-2000, SEC.2.

IC 4-12-4-13
Executive board approval of expenditures
    Sec. 13. The expenditure of state funds (other than a grantawarded under this chapter) for a program concerning prevention orreduction of tobacco usage that is operated by a state agency or apublic or private entity is subject to the approval of the executiveboard. The state agency or public or private entity shall submit adescription of the proposed expenditure to the executive board forthe executive board's review and approval. The description submittedunder 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 orduplicate existing expenditures of other state agencies, publicor private entities, or the executive board.
As added by P.L.21-2000, SEC.2.

IC 4-12-4-14
Annual reports of executive board
    Sec. 14. The executive board shall prepare an annual financialreport and an annual report concerning the executive board'sactivities under this chapter and promptly transmit the annual reportsto the governor and, in an electronic format under IC 5-14-6, to thelegislative council. The executive board shall make the annualreports available to the public upon request.
As added by P.L.21-2000, SEC.2. Amended by P.L.28-2004, SEC.38.

IC 4-12-4-15
Annual audit of executive board
    Sec. 15. The funds, accounts, management, and operations of theexecutive board are subject to annual audit by the state board ofaccounts.
As added by P.L.21-2000, SEC.2.

IC 4-12-4-16
Advisory board
    Sec. 16. (a) The Indiana tobacco use prevention and cessationadvisory board is established. The board consists of:
        (1) the executive director employed under section 6 of thischapter, who shall serve as the chairperson of the advisoryboard; and
        (2) other members appointed by the governor who haveknowledge, skill, and experience in smoking reduction andcessation programs, health care services, or preventive healthcare measures.    (b) The advisory committee shall meet at least quarterly and at thecall of the chairperson.
    (c) The advisory committee shall, as considered necessary by theadvisory committee or as requested by the executive board, makerecommendations to the executive committee concerning:
        (1) the development and implementation of the missionstatement and long range state plan under section 11 of thischapter;
        (2) the criteria to be used for the evaluation of grantapplications under this chapter;
        (3) the coordination of public and private efforts concerningreduction and prevention of tobacco usage; and
        (4) any other matters for which the executive board requestsrecommendations from the advisory committee.
    (d) Members of the advisory committee are not entitled to a salaryper diem or reimbursement of expenses for service on the advisorycommittee.
    (e) The advisory committee may establish subcommittees asnecessary to carry out its duties under this section.
As added by P.L.21-2000, SEC.2.