Be it enacted by the General Assembly of Virginia:
§ 32.1-355. Virginia Foundation for Healthy Youth created; purposes.
A. The Virginia Foundation for Healthy Youth (VFHY) is hereby created as a body corporate and a political subdivision of the Commonwealth and as such shall have, and is hereby vested with, all of the politic and corporate powers as are set forth in this chapter. The Foundation is established for the purposes of determining the appropriate recipients of moneys in the Virginia Tobacco Settlement Fund and causing distribution of such moneys for the purposes provided in this chapter.
Virginia Tobacco Settlement Foundation (VTSF) division,
to assist in financing efforts to restrict the use of
tobacco products by minors through such means as educational and awareness
programs on the health effects of tobacco use on minors and enforcement of laws
restricting the distribution of tobacco products to minors
2. The Virginia Youth Obesity Prevention (VYOP) division, which may use moneys from the Fund to assist in financing efforts to reduce childhood obesity through such means as educational and awareness programs, implementing evidence-based practices, and assisting schools and communities with policies and programs; and
3. The Virginia Youth Substance Use Prevention (VYSUP) division, which may use moneys from the Fund to assist in financing efforts to prevent and reduce substance use by youth in the Commonwealth through such means as educational and awareness programs, implementing evidence-based practices, and assisting schools and communities with policies and programs.
C. The Foundation shall have only those powers enumerated in § 32.1-356.
§ 32.1-356. Powers of the Foundation.
The Foundation is hereby granted all powers necessary or appropriate to carry out and effectuate its corporate purposes, including, without limitation, the following:
1. To have official seals and to alter the same at pleasure;
2. To maintain an office at such place or places within this Commonwealth as it may designate;
3. To accept, hold, and administer moneys, grants, securities, or other property transferred, given, or bequeathed to the Foundation, absolutely or in trust, for the purposes for which the Foundation is created;
4. To determine how moneys in the Fund are to be distributed
and to authorize distribution of moneys in the Fund to entities whose goal is
to discourage, eliminate or prevent the use of tobacco products by minors
5. To deposit moneys from the Fund to the Endowment as determined by the Board;
6. To make and execute contracts and all other instruments and agreements necessary or convenient for the exercise of its powers and functions;
7. To appoint and prescribe the duties of such officers, agents, employees, advisors, and consultants as may be necessary to carry out its functions, and to fix and pay such compensation to them for their services as the Foundation may determine;
8. To adopt and from time to time amend and repeal bylaws, not inconsistent with this chapter, to carry into effect the powers and purposes of the Foundation;
9. To receive and accept aid, grants, contributions and cooperation of any kind from any source for the purposes of this chapter subject to such conditions, acceptable to the Foundation, upon which such aid, grants, contributions and cooperation may be made;
10. To do any lawful act necessary or appropriate to carry out the powers herein granted or reasonably implied, including use of whatever lawful means may be necessary and appropriate to recover any payments wrongfully made from the Fund.
§ 32.1-359. Duties of the Board.
The Board shall perform the following duties:
1. Establish specific criteria and procedures governing decisions by the Foundation to cause the moneys obtained from the Master Settlement Agreement in the Fund to be primarily distributed to entities for use in the discouragement, elimination or prevention of the use of tobacco products by minors. Additionally, the Foundation may distribute moneys in the Fund obtained primarily from public grants and private funding sources to reduce childhood obesity and to prevent and reduce substance use by youth in the Commonwealth;
2. Establish requirements that every recipient of money distributed from the Fund establish and maintain policies that restrict the use of tobacco products by minors, as provided in § 32.1-361;
3. Evaluate the proposals for the use of the assets of the Fund in accordance with the criteria established by the Board and the provisions of this chapter;
4. Evaluate the implementation and results of all efforts receiving support from the Foundation; and
5. Determine amounts to be deposited from time to time from the Fund to the Endowment.
§ 32.1-360. Virginia Tobacco Settlement Fund.
There is hereby created in the state treasury a special
nonreverting fund to be known as the Virginia Tobacco Settlement Fund. The Fund
shall be established on the books of the Comptroller. Subject to the sale of
all or any portion of the Foundation Allocation, 10 percent of the annual
amount received by the Commonwealth from the Master Settlement Agreement shall
be paid into the state treasury and credited to the Fund. In the event of such
sale (i) the Foundation Allocation shall be paid in accordance with the
agreement for the period of sale and (ii) the fund shall receive amounts
withdrawn from the Endowment in accordance with § 32.1-361.1. Interest earned
on moneys in the Fund shall remain in the Fund and be credited to it. Any
moneys remaining in the Fund, including interest thereon, at the end of each
fiscal year shall not revert to the general fund but shall remain in the Fund.
Moneys in the Fund shall be used solely for the purposes described in this
chapter. Expenditures and disbursements from the Fund shall be made by the
State Treasurer on warrants issued by the Comptroller upon written
authorization signed by the chairman of the Board or his designee. Moneys in
the Fund shall be used for the purposes of (a)
discouraging, eliminating or preventing the use of tobacco
products by minors, including but not limited to educational and awareness
programs on the health effects of tobacco use on minors and laws restricting
the distribution of tobacco products to minors