HomeMy WebLinkAbout3846Ordinance No. 384b
3 /1n Ordinance Amending Ordinance Number 3826, Entitled "COMMUNITY HEALTH CARE
4 ORDINANCE PROVIDING STANDARDS FUR THE [JSE OF LOCAL TOBACCO
5 1~'IONIES" and Amending Chapter 2 ofthe Butte County Code, entitled "Administration",
6 Adding Article XXIII, Entitled "Community Health Care Ordinance Providing Standards for the
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Use of Local Tobacco Monies".
9 The Board of Supervisors of the County of Butte, State of California, ordains that Article
10 XXIII, entitled, "Community Health Care Ordinance Providing Standards for the Use of Local
1 ] Tobacco Monies" is added to Chapter 2, entitled, "Administration" of the Butte County Code, to
12 read as follows:
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14 WHEREAS, the use of tobacco and related products remains one of the largest health
15 concerns in the United States, the State of California., and the County of Butte; and
16 WHEREAS, 16% of the population of the County of Butte continue to use tobacco
17 products, and untold numbers of residents of the County of Butte suffer from tobacco-related
1 H illnesses related to the direct consumption of tobacco products or second-hand exposure to
l9 tobacco product use; and
20 WHEREAS, the voters of California have adopted Propositions 10 and 9~ to provide
21 funding for tobacco-related programs and services; and
22 WHEREAS, the County of Butte successfully joined other California counties, and
23 counties and states throughout the United States in litigation against the tobacco industry to
24 recoup monies spent on tobacco-related health care and increased insurance premiums for
25 employees and their dependents because of tobacco-related illnesses; and
26 WHEREAS, the settlement of that litigation in the Master Settlement Agreement, has
27 provided the County of Butte with additional discretionary dollars with which to address the
28 needs of the citizens of Butte County; and
29 WHEREAS, the coordination of tobacco-related services between public agencies that
30 receive and expend funds raised through tobacco taxes would increase the effectiveness of
31 services provided; and
1 WHEREAS, the Children and Families Commission 11as adopted samples of strategies to
2 address the health needs of children, early childhood care and education, and improved family
3 functioning and objectives of programs within those samples of strategies; and
4 WHEREAS, over ~8 million will be spent in the 2002-03 fiscal year within the County of
5 Butte by the Board of Supervisors and other publicly-funded entities on health care services and
f~ programs and services related to tobacco use, tobacco-related illness, and health needs of children
7 and t~milies; and
8 WHEREAS, the Board of Supervisors of the County of Butte seeks to ensure
9 accountability over how those dollars are spent and coordination among programs to ensure
10 effective use of those dollars.
1 1 Nf~W, THEREFORE, BE IT ORDAINED AS FOLLOWS:
12 Section 1. Statement of Intent
13 The People ofthe County of Butte find and declare that:
14 (a) Proposition 99, the "Tobacco Tax Initiative," was adapted by the Voters of
15 California in 1988 to fund anti-smoking education programs through schools and community
16 health organizations, hospital and physician health treatment services, tobacco-related disease
17 research, and environmental conservation and damage restoration programs. Proposition 99
1 ~ established a surtax of 25-cent-per pack-of-twenty cigarettes and an equivalent rate on other
19 tobacco products for the express purpose of reducing smoking and other tobacco use among
20 children, to support medical research into tobacco-related cancer, heart, and lung diseases, and to
21 treat people suffering trom tobacco-related diseases.
22 Proposition 10, adopted by the Voters of California in 1998, added a 50 cent-per-pack tax on
23 cigarettes and an equivalent tax on other tobacco products, The monies collected are used to fund
24 programs that support and improve early childhood development through coordinating resources
25 and programs emphasizing family support, parent education, childcare, child development, and
26 health care. The Act also works to protect children from exposure to harmful substances like
27 tobacco, drugs, or alcohol, and to make sure expectant mothers get good prenatal care.
28 Proposition 10, unique because it represents an historic effort to gather input from the public,
29 directs each county to create a strategic plan based on extensive input from communities,
30 including families, service providers, and advocacy groups. The plan outlines how counties will
31 use these funds to develop a comprehensive, integrated system of support and services for all
32 children, 0 to 5 years of age.
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(c) The Tobacco Litigation Master Settlement A~~reement of November 23, 1998,
prohibits participating tobacca manufacturers from continuing deceptive marketing practices, and
places specific restrictions an tobacco manufacturers aver 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 manufacturers 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 Beard of Supervisors of the County of Butte. Prevision 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 tabacca 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 County, and programs to diminish tobacco consumption as well as health care to those
citizens suffering from tobacca-related illnesses would save future health care costs.
(f) The Beard of Supervisors of the County of Butte is charged with, among other
things, the responsibility of providing effective services to the people of the Caunty 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
Caunty of Butte are being met.
Section 2. Creation of the Tobacco Monies Advisory Commission
24 (a) The Tobacco Monies Advisory Commission is hereby created in Butte County.
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The Commission shall consist of two (2) members of the Butte County Board 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-Controller,
an at-large member appointed by the ex-officio members of the Commission and a public
member. The governing beards of the following organizations shall each nominate one member:
the local chapter of the American Lung Association; the local chapter of the American Cancer
Society; and, the Butte-Glenn Medical Society. Each organization shall notify the Board of
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l Supervisors of nominations in writing, and each appointee shall serve at the pleasure of the Board
2 of Supervisors. Participating organizations nay nominate new or replacement members as they
3 desire. Additionally, the Board of Supervisors shall appoint one public member not affiliated
4 with any of the foregoing organizations. The public member shall serve at the pleasure of the
5 Board of Supervisors. The Commission shall make recommendations to the Butte County Board
6 of Supervisors and the Children and Families Commission regarding the appropriation of
7 tobacco-related funds available to the Butte County Board of Supervisors and other related
8 bodies. The Commission shall monitor the success of the programs and services identified by this
9 Chapter and cause to be made an annual report to the people of Butte County regarding those
10 programs and services.
1 1 (b} The programs and sen~ices identitied in Section 3 of this Chapter are designed to
12 be in five-year increments, Prior to the beginning of the sixth year after passage of this Chapter,
13 the Commission shall meet and prepare recommendations to the Board of Supervisors and other
14 tobacco-related bodies within Butte County regarding programs and services to be provided
15 under this Chapter, with a goal of decreasing tobacco-related health care costs, the consumption
1(~ of tobacco products, and the preservation of public safety.
17 (c) After their appointment, members of the Commission shall meet to prepare by-
18 laws governing their conduct with said by-laws being presented to the Board of Supervisors for
l9 consideration and adoption. Meetings of the Commission shall be open to the public and subject
20 to open meeting laws of the State of California.
21 Section 3. Tobacco Monies Accountability and Coordination Programs and Services
22 Beginning July 1, 2003, and in each subsequent fiscal year thereafter through June 30,
23 2008, through coordination of efforts by and between the County of Butte, the Children and
24 Families Commission, and other publicly-funded entities, programs and services specifically
25 designed to achieve a reduction in the consumption of tobacco products, ensure that children are
26 protected against the marketing of tobacco products and the hazards of second-hand exposure to
27 tobacco product use, and the delivery of health care services to people impacted by tobacco-
28 related illnesses who have na other means of obtaining health care will be provided. The
29 programs will include, at a minimum:
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1 {a) Services to children, youth and families to educate them regarding the harmful
2 effects of tobacco use and protect children from the marketing of tobacco-related products.
3 Specifically, the County will fund the following services,
4 a. Ongoing programs to educate school children in the classroom in coordination
5 with the Butte County Office of Education and the American Lung Association.
6 b. Development of age-specific educational material for teachers to use in the
7 classraom to inform children about the harmful effects of tobacco use and second-hand
8 exposure to tobacco product use.
9 c. Educational outreach to children attending community events so they receive
10 information outside of the classroom that supports what they are taught inside the
l 1 classroom.
12 d. Monitoring and enforcement of marketing campaigns and prohibitions
13 contained in state laws and local ordinances.
14 (b) Services to help tobacco users that want to yuit the use of tobacco products to
15 achieve their goal. Examples of the services provided are:
16 a. Day and evening tobacco-use cessation classes to help people that want to quit
17 the use of tobacco products. These classes will be offered at no charge to participants.
18 b. Child care services will be made available at no-cost or low-cost to eligible
l9 participants in classes provided to help people quit the use of tobacco products.
20 c. Provision of nicotine patch or other aids to persons participating in classes to
21 assist them in reducing their addition to tobacco products.
22 (c) An educational campaign targeting local residents on the hazards of the use of
23 tobacco products, the hazards of second-hand exposure to tobacco product use, the availability of
24 treahment and cessation classes, and the availability of clinics and other health-related services to
25 people impacted by tobacco product usage.
26 (d) A health care delivery system for medical and behavioral health care services to
27 include immunizations, primary, specialty, diagnostic, and dental health care services to indigent,
28 low-income populations and other persons, including those individuals suffering from tobacco-
29 related illnesses from direct consumption and second-hand exposure to tobacco product use, not
30 covered by other state and federal programs. Specifically, the county will provide the following
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1 a. Financial assistance to community health care clinics and hospitals.
2 b. Financial assistance to health providers for emergency services not funded by
3 private insurance or Medicare.
4 c. Health related services to infants, children and their mothers that are indigent or
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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.
Section ~F. 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
Cammission and adopt afive-year plan for the provision of programs and services designed to
meet the intent of this Chapter. This new tive-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 thereot:
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte this 8th
day of April 2003 by the following vote:
A1~ES: Supervisors Dolan, Houx, ~Tosiassen, Yamaguchi. and Chair Beeler
NOES: None
ABSENT: None
NQT VO"T'ING: None
R. J. HEELER, Chair
ATTEST:
PAUL MCINTUSH, Chief Administrative Officer
And Clerk of the Board of Supervisors
By: __ ~ ~
Deputy
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