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Ordinance No. 3826
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COMMUNITY HEALTH CARE ORDINANCE -PROVIDING
STANDARDS FOR THE USE OF LOCAL TOBACCO MONIES
WHEREAS, the use of tobacco and related products remains one of the largest health concerns in
the United States, the State of California, and the County of Butte; and
WHEREAS, 16% of the population of the County of Butte continue to use tobacco products and
untold,~umbers of residents of the County of Butte continue to suffer from tobacco-related
illnesses related to the direct consumption of tobacco products or second-hand exposure to
tobacco product use; and
WHEREAS, the Voters of California have adopted Propositions 10 and 99 to provide funding for
tobacco-related programs and services; and
WHEREAS, the County of Butte successfully joined other California counties, and counties and
states throughout the United States in litigation against the tobacco industry to recoup monies
spent on tobacco-related health care and increased insurance premiums for employees and their
dependents because oftobacco-related illnesses; and
WHEREAS, the settlement of that litigation in the Master Settlement Agreement, has provided
the County of Butte with additional discretionary dollars with which to address the needs of the
citizens of Butte County; and
WHEREAS, the coordination oftobacco-related services between public agencies that receive
and expend funds raised through tobacco taxes would increase the effectiveness of services
'', provided; and
WHEREAS, the Children and Families Commission has adopted samples of strategies to address
the health needs of children, early childhood care and education, and improved family
functioning and objectives of programs within those samples of strategies; and
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WHEREAS, over $$ million will be spent in the 2002103 fiscal year within the County of Butte,
by the Board of Supervisors and other publicly-funded entities on healthcare services and
programs and services related to tobacco use, tobacco-related illness and health needs of children
and families; and
WHEREAS, the Board of Supervisors of the County of Butte seeks to ensure accountability over
how those dollars are spent and coordination among programs to ensure effective use of those
dollars.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. Statement of Intent
The People of the County of Butte find and declare that:
(a) Proposition 99, the "Tobacco Tax Initiative", was adopted by the Voters of California in
1988 to fund anti-smoking education programs through schools and community health
organizations, hospital and physician health treatment services, tobacco-related disease research,
and environmental conservation and damage restoration programs. Proposition 99 established a
surtax of 25-cent-per-pack-of-twenty cigarettes and an equivalent rate on other tobacco products
for the express purpose of reducing smoking and other tobacco use among children, to support
medical research into tobacco-related cancer, heart, and lung diseases, and to treat people
suffering from tobacco-related diseases.
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{h) Proposition 10 was adopted by the Voters of California in 1998 to fund anti-smoking and
early childhood development programs through a 50-cent-per-pack surtax on cigarettes and an
equivalent surtax on other tobacco products. This funding is used to provide community-based
education and training programs in avoidance of tobacco, drugs, and alcohol during pregnancy
and to educate the public, using mass media, on the dangers caused by smoking and other
tobacco use by pregnant women to themselves and to infants and young children, and the dangers
of second-hand exposure to tobacco product use to all children.
{c) The Tobacco Litigation Master Settlement Agreement of November 23, 1998 prohibits
participating tobacco manufacturers from continuing deceptive marketing practices and places
specific restrictions on tobacco manufacturers over the marketing of tobacco products aimed
', specifically at protecting youth from the marketing of those products. In addition, the Tobacco
Settlement provides funds to Butte County on an annual basis. These funds are penalties to the
tobacco manufactures and are predicated on the concept that Butte County had to spend
' significant funds on tobacco-related illnesses and on insurance premiums far its employees, at
'the expense of other general fund-supported services such as public safety and libraries.
{d) The overall health and safety of the citizens of Butte County is a primary responsibility of
the Board of Supervisors of the County of Butte. Provision of public safety services, such as,
child and elder abuse programs, sherifFs services and fire protection, are of immediate concern to
the citizens of Butte County. If a sufficient level of education and health programs designed to
reduce tobacco consumption can be achieved, the priority far discretionary funds under this
Chapter should be sustaining public safety programs throughout Butte County.
(e) Tobacco-related illnesses remain a significant health concern of the citizens of Butte
2b I~ County and programs to diminish tobacco consumption, as well as health care to those citizens
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suffering from tobacco-related illnesses would save future health care costs.
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(f) The Baard of Supervisors of the County of Butte is charged with, among other things, the
responsibility of providing effective services to the people of the County of Butte in the areas of
health care, public safety, education, welfare and general government and requires maximum
flexibility in the allocation of resources to ensure that the needs of the citizens of the County of
~ Butte are being met.
Section 2. Creation of the Tobacco Monies Advisory Commission
{a) The Tobacco Monies Advisory Commission is hereby created in Butte County. The
Commission shall consist of two (2) members of the Butte County Baard of Supervisors, one (1)
local representative each from the American Lung Association and American Cancer Society, a
representative of the Butte County medical community, the Butte County Public Health Director,
the Butte County Director of Behavioral Health, the Butte County Auditor, and an at-large
member appointed by the ex officio members of the Commission. The Commission shall make
recommendations to the Butte County Board of Supervisors and the Children and Families
Commission regarding the appropriation aftnbacco-related funds available to the Butte County
Board of Supervisors and other related bodies. The Commission shall monitor the success of the
programs and services identified by this Chapter and cause to be made an annual report to the
People of Butte County regarding those programs and services.
(b) The programs and services identified in Section 3 of this Chapter are designed to be in
five-year increments. Prior to the beginning of the sixth year after passage of this Chapter, the
Commission shall meet and prepare recommendations to the Board of Supervisors and other
tobacco-related bodies within Butte County regarding programs and services to be provided
under this Chapter, with a goal of decreasing tobacco-related health care casts, the consumption
of tobacco products, and the preservation of public safety.
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{c) After their appointment, members of the Commission shall meet to prepare by-laws
governing their conduct with said by-laws being presented to the Board of Supervisors for
consideration and adoption. Meetings of the Commission shall be open to the public and subject
to open meeting laws of the State of California.
~ Section 3. Tobacco Monies Accountability and Coordination Programs and Services
Beginning July 1, 2003, and in each subsequent fiscal year, thereafter through June 30, 2008,
through coordination of efforts by and between the County of Butte, the Children and Families
Commission, and other publicly-funded entities, programs and services specifically designed to
achieve a reduction in the consumption of tobacco products, ensure that children are protected
against the marketing of tobacco products and the hazards of second-hand exposure to tobacco
product use, and the delivery of healthcare services to people impacted bytobacco-related
illnesses who have no other means of obtaining healthcare will be provided. The programs will
include, at a minimum:
(a} Services to children, youth and families to educate them regarding the harmful effects of
tobacco use and protect children from the marketing oftobacco-related products. Specifically,
the County will fund the following services:
a. Ongoing programs to educate school children in the classroom in coordination with the
Butte County Office of Education and the American Lung Association.
b. Development of age specific educational material for teachers to use in the classroom to
inform children about the harmfiil effects of tobacco use and second-hand exposure to tobacco
product use.
c. Educational outreach to children attending community events so they receive information
outside of the classroom that supports what they are taught inside the classroom.
d. Monitoring and enforcement of marketing campaigns and prohibitions contained in state
laws and local ordinances.
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(b) Services to help tobacco users that want to quit the use of tobacco products to achieve
their goal. Examples of the services to be provided are:
a. Day and evening tobacco-use cessation classes to help people that want to quit the use of
tobacco products. These classes will be offered at no charge to the participants.
b. Childcare services will be made available at no-cost or low-cost to eligible participants in
classes provided to help people quit the use of tobacco products.
c. Provision of nicotine patch or other aids to persons participating in classes to assist them
in reducing their addiction to tobacco products.
(c} An educational campaign targeting local residents on the hazards of the use of tobacco
products, the hazards of second-hand exposure to tobacco product use, the availability of
treatment and cessation classes, and the availability of clinics and other health-related services to
people impacted by tobacco product usage.
(d} A healthcare delivery system for medical and behavioral health care services to include
immunizations, primary, specialty, diagnostic, and dental health care services to indigent,
low-income populations and other persons, including those individuals suffering from
tobacco-related illnesses from direct consumption andl second-hand exposure to tobacco product
use, not covered by other state and federal programs. Specifically, the County will provide the
following services:
a. Financial assistance to community health care clinics and hospitals.
b. Financial assistance to health providers for emergency services not funded by private
insurance or Medicare.
c. Health related services to infants, children and their mothers that are indigent or have a
low income.
d. Health prevention and diagnostic services for children oflow-income families.
e. Assist families without health insurance to get health insurance that they can afford.
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Section 4. Five-Year Plan
The Tobacco Accountability and Coordination Programs and Services identified in Section 3 are
intended to be accomplished annually, over afive-year period, with annual reports to the People
of Butte County regarding progress on each program. Prior to the beginning of the sixth year
under this Chapter, the Board of Supervisors, County of Butte, shall hold no less than two (2)
public hearings to consider the recommendations of the Tobacco Monies Advisory Commission
and adopt afive-year plan for the provision of programs and services designed to meet the intent
of this Chapter. This new five-year plan, when adopted, shall replace the five-year plan
identified in Section 3.
Section 5. Severability.
It is the intent of the people of Butte County, in enacting this Ordinance, that its provisions be
severable, and to that end, if any provision of this Ordinance or the application thereof to any
person or circumstance is for any reason held to be invalid by a court of competent jurisdiction,
such provision shall be deemed severable, and the invalidity thereof shall not affect the
remaining provisions or other applications of the Ordinance which can be given effect without
the invalid provision or application thereof.
Passed and adopted by the Board of Supervisors of the County of Butte this 13th day of
2002, by the following vote:
~ AYES: Supervisors Dolan, Houx, Yamaguchi and Vice-Chair Beeler
NOES: None
ABSENT: Chair ,Tosiassen
ABSTAIN: None
urt 3osiassen, Chair
ATTEST:
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
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