19-12-117. Establishment of the Arkansas Tobacco Settlement Commission.

19-12-117. Establishment of the Arkansas Tobacco Settlement Commission. (a) There is hereby created and recognized the Arkansas Tobacco Settlement Commission, which shall be composed of the following: (1) The Director of the Arkansas Economic Development Commission or his or her designee; (2) The Commissioner of Elementary and Secondary Education or his or her designee; (3) The Director of the Division of Higher Education or his or her designee; (4) The Secretary of the Department of Human Services or his or her designee; (5) The Secretary of the Department of Health or his or her designee; (6) A healthcare professional to be selected by the President Pro Tempore of the Senate; (7) A healthcare professional to be selected by the Speaker of the House of Representatives; (8) A citizen selected by the Governor; and (9) A citizen selected by the Attorney General. (b)(1) The four (4) members of the commission who are not on the commission by virtue of being a director of an agency, will serve four-year terms. The terms shall commence on October 1 of each year. Commission members are limited to serving two (2) consecutive four-year terms. (2) Members of the commission shall not be entitled to compensation for their services, but may receive expense reimbursement in accordance with § 25-16-902, to be paid from funds appropriated for this program. (c) Members appointed to the commission and the organizations they represent shall make full disclosure of the members' participation on the commission when applying for any grant or contract funded by this chapter. (d) All members appointed to the commission shall make full and public disclosure of any past or present association to the tobacco industry. (e) The commission shall, within ninety (90) days of appointment, hold a meeting and elect from its membership a chair for a term set by the commission. The commission is authorized to adopt bylaws. (f) The commission shall meet at least quarterly. However, special meetings of the commission may be called at any time at the pleasure of the chair or pursuant to the bylaws of the commission. (g) The commission is authorized to hire an independent third party with appropriate experience in health, preventive resources, health statistics, and evaluation expertise to perform monitoring and evaluation of program expenditures made from the program accounts pursuant to this chapter. Such monitoring and evaluation shall be performed in accordance with § 19-12-118, and the third party retained to perform such services shall prepare a biennial report to be delivered to the General Assembly and the Secretary of the Department of Health by each August 1 preceding a general session of the General Assembly. The report shall be accompanied by a recommendation from the commission as to the continued funding for each program. (h) The costs and expenses of the monitoring and evaluation program, as administered by the Department of Health, as well as the salaries, costs, and expenses of staff shall be paid from the Arkansas Tobacco Settlement Commission Fund established pursuant to § 19-12-108. (i) If the deposits into the Arkansas Tobacco Settlement Commission Fund exceed the amount necessary to pay the costs and expenses described in subsection (h) of this section, then the commission is authorized to make grants as follows: (1) Those organizations eligible to receive grants are nonprofit and community-based; (2) Grant criteria shall be established based upon the following principles: (A) All funds should be used to improve and optimize the health of Arkansans; (B) Funds should be spent on long-term projects that improve the health of Arkansans; (C) Future tobacco-related illness and healthcare costs in Arkansas should be minimized through this opportunity; and (D) Funds should be invested in solutions that work effectively and efficiently in Arkansas; and (3) Grant awards shall be restricted in amounts up to fifty-thousand dollars ($50,000) per year for each eligible organization.