44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO HEALTH; PROVIDING FOR A COMPREHENSIVE ANTI-SMOKING PROGRAM WITHIN THE PUBLIC SCHOOLS; CREATING THE TOBACCO SETTLEMENT FUND; PROVIDING FOR DISTRIBUTIONS TO THE FUND; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. TOBACCO SETTLEMENT FUND.--The "tobacco settlement fund" is created in the state treasury. The fund shall consist of money distributed to the state pursuant to the master settlement agreement entered into between tobacco product manufacturers and various states, including New Mexico, and executed November 23, 1998 or from a qualified escrow fund authorized by a qualifying state statute enacted pursuant to the master settlement agreement. Earnings of the fund shall be credited to the fund, and balances in the fund shall not revert or be transferred to any other fund. Money in the fund shall be subject to appropriation by the legislature for health care and health education.

Section 2. TOBACCO SETTLEMENT DISTRIBUTIONS TO STATE--TRANSFER TO TOBACCO SETTLEMENT FUND.--The state treasurer shall deposit in the tobacco settlement fund all amounts distributed to the state pursuant to the master settlement agreement entered into between tobacco product manufacturers and various states, including New Mexico, and executed November 23, 1998 or from a qualified escrow fund authorized by a qualifying state statute enacted pursuant to the master settlement agreement.

Section 3. STATE DEPARTMENT OF PUBLIC EDUCATION--COMPREHENSIVE ANTI-SMOKING PROGRAM.--The state department of public education shall develop a comprehensive anti-smoking program for use in all public schools. The program shall include:

A. a speakers' bureau that uses role models to speak with authority and credibility on tobacco use;

B. a quarterly newsletter that all students from the same grade levels shall receive. The newsletter shall include messages from role models, peer-to-peer articles, messages from other students and age-appropriate activities;

C. a no-tobacco pledge that all students will be encouraged to make as a public and written commitment;

D. an interactive internet site with chatroom opportunities with high profile role models;

E. collateral materials for teachers, students and parents concerning the dangers of smoking;

F. videos featuring high profile role models for use as the cornerstone of their presentations;

G. a 1-800 program connected to an interactive voicemail system;

H. a media program for using local media outlets, air time for public service announcements and print advertisements;

I. video-conferencing to be used to put more high profile role models in the classrooms; and

J. comprehensive research and monitoring to track the success and progress of the program.

Section 4. APPROPRIATION.--Three hundred thousand dollars ($300,000) is appropriated from the tobacco settlement fund to the state department of public education in each of fiscal years 2000, 2001 and 2002 for carrying out the purposes of Section 3 of this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the tobacco settlement fund.