CHAPTER 421

FORMERLY

HOUSE BILL NO. 248

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE TO AUTHORIZE A FUND TO PROMOTE HEALTHY LIFESTYLES AND TOBACCO-RELATED DISEASE PREVENTION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 1, Title 16, Delaware Code by inserting a new § 136 to read as follows:

"§ 136. Healthy Lifestyles And Tobacco-Related Disease Prevention Fund.

(a) A Healthy Lifestyles And Tobacco-Related Disease Prevention Fund (hereinafter in this section, the "Fund") is established within the Division of Public Health of the Department of Health and Social Services.

(b) The Fund shall be used by the Public Health Director to encourage Delawareans to seek preventative health care, live healthy lifestyles, and to avoid unhealthy behavior, in particular, tobacco use. To that end, the Director shall: develop and implement programs to encourage healthy lifestyles and to promote avoidance of tobacco, alcohol, and drug abuse; and provide Delawareans with accurate and understandable information regarding their health, including but not limited to, information regarding the dangers of tobacco, alcohol and drug use; the preventive care Delawareans should seek to avoid and/or detect adverse health conditions, in particular cancer; and the effects of diet and physical exercise on health.

(c) The Director shall prepare an annual plan for use of the Fund, which shall be approved or modified by the Secretary of the Department.

(d) The Fund shall operate within the limits of general fund appropriations made to it. The Fund may retain any unexpended funds on a fiscal year-to-year basis; provided, however, that any funds in excess of $250,000 in the Fund at the end of any fiscal year shall be reverted to the general fund absent specific legislation authorization to the contrary."

Section 2. The operation and use of this Fund, as well as the requirements placed on the Public Health Director, shall be contingent on an appropriation being made for funding.

Approved July 13, 1998