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Register July 2011 No. 667
Chapter DHS 199
TOBACCO CONTROL ACTIVITIES
DHS 199.01   Authority and purpose.
DHS 199.02   Applicability.
DHS 199.03   Definitions.
DHS 199.04   Project eligibility.
DHS 199.05   Application.
DHS 199.06   Grant awards.
DHS 199.07   Restrictions.
Ch. DHS 199 Note Note: Chapter TCB 1 was created as an emergency rule effective November 7, 2000. Chapter TCB 1 was renumbered to HFS 199 under s. 13.93 (2m) (b) 1. Stats., and corrections were made under s. 13.93 (2m) (b) 7., Stats., Register January 2004 No. 577. Chapter HFS 199 was renumbered chapter DHS 199 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 199.01 DHS 199.01 Authority and purpose. This chapter is promulgated under the authority of s. 255.15 (1m) (c), Stats., for the purpose of establishing criteria, procedures, requirements and conditions for the award of project grants from the appropriation under s. 20.435 (1) (fm), Stats., to organizations that operate or propose to operate programs reducing tobacco use by preventing tobacco use, promoting tobacco use cessation, and eliminating environmental tobacco smoke.
DHS 199.01 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667.
DHS 199.02 DHS 199.02 Applicability. This chapter applies to the tobacco control board, to applicants for grants awarded by the board, and to organizations that have been awarded grants by the board.
DHS 199.02 Note Note: Section 15.195 (1), Stats., which created the Tobacco Control Board, was repealed by 2003 Wis. Act 33. Tobacco control activities are transferred to the Department of Health Services.
DHS 199.02 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01.
DHS 199.03 DHS 199.03 Definitions. In this chapter:
DHS 199.03(1) (1) “Administrative costs" means costs associated with implementing grant objectives and activities, such as the provision of office space, telephone service and employees.
DHS 199.03(2) (2) “Applicant" means an organization that applies for a grant from the tobacco control board to operate a program reducing tobacco use by preventing tobacco use, promoting tobacco use cessation, and eliminating environmental tobacco smoke.
DHS 199.03(3) (3) “Continuation grant" means a grant awarded by the board to an applicant who received an initial grant for the current funding year and who proposes to continue to operate the same program, or that program as modified in consultation with the board, in the new funding year.
DHS 199.03(4) (4) “Culturally competent" means activities that are appropriate and effective for the populations those activities are directed at and that utilize the leadership of those populations in developing, implementing and evaluating those activities.
DHS 199.03(5) (5) “Evaluation committee" means a committee of board members and other persons invited by board members that reviews and evaluates applications.
DHS 199.03(6) (6) “Funding year" means the 12–month period beginning July 1.
DHS 199.03(7) (7) “Governmental body" means a state or local agency, board, committee, council, department or public body created by constitution, statute, ordinance, rule.
DHS 199.03(8) (8) “Grant" means a monetary award made by the board from the appropriation under s. 20.435 (1) (fm), Stats., to an applicant for the uses specified in s. 255.15 (3) (b), Stats.
DHS 199.03(9) (9) “Initial grant" means a grant awarded for the first time to an applicant.
DHS 199.03(10) (10) “Public agency" has the meaning prescribed in s. 46.856 (1) (b), Stats., namely, a county, city, village, town or school district, an agency of Wisconsin state government or an agency of a county, city, village, town or school district.
DHS 199.03(11) (11) “Request for proposals" or “RFP" means a document that describes a grant program, invites applications for the grant and specifies who may apply, application procedures, criteria for awarding grants and conditions and restrictions that accompany grant awards.
DHS 199.03(12) (12) “Tobacco control board" or “board" means the 21–member tobacco control board established under s. 15.195 (1), Stats., to carry out the responsibilities set out in s. 255.15 (1m), Stats., including to award and monitor grants to applicant organizations for reducing tobacco use by preventing tobacco use, promoting tobacco use cessation, and eliminating environmental tobacco smoke.
DHS 199.03 Note Note: Section 15.195 (1), Stats., which created the Tobacco Control Board, was repealed by 2003 Wis. Act 33. Tobacco control activities are transferred to the Department of Health Services.
DHS 199.03(13) (13) “Tobacco prevention and control" means anti-tobacco activities including but not limited to comprehensive efforts in prevention, cessation, policy advocacy, media and countermarketing, evaluation, monitoring, and administrative activities.
DHS 199.03 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667.
DHS 199.04 DHS 199.04 Project eligibility.
DHS 199.04(1) (1) The board shall do all of the following:
DHS 199.04(1)(a) (a) Fund projects that have prevention and control of tobacco use as their primary goal.
DHS 199.04(1)(b) (b) Make funds available to community coalitions such that each county of the state has the opportunity to have at least one anti-tobacco coalition ensuring tobacco prevention and control activities within its geographic borders.
DHS 199.04(1)(c) (c) Fund only programs or projects that are culturally competent.
DHS 199.04(1)(d)1.1. Fund media activities that shall be measured against the following performance-based standards:
DHS 199.04(1)(d)1.a. a. Create awareness of campaign messages among 80% of the target population within 6 months of initiating the campaign message.
DHS 199.04(1)(d)1.b. b. Create a 10% change in attitudes, beliefs and knowledge of identified tobacco-related issues. Issues may include secondhand smoke, the dangers of tobacco, tobacco addiction cessation and the roles of the tobacco industry.
DHS 199.04(1)(d)2. 2. As determined appropriate by the board, specify additional performance-based standards in each grant contract based on the scope and content of the media and counter-marketing campaign.
DHS 199.04(1)(e) (e) Fund programs or projects that demonstrate plans and progress toward achieving program quality criteria and indicators of success specified in the grant RFP and the board strategic plan.
DHS 199.04(1)(f) (f) Fund only programs or projects that maintain administrative costs no more than 10% of total costs.
DHS 199.04(1)(g) (g) Fund programs and projects that demonstrate independence from the influence of the tobacco industry.
DHS 199.04(2) (2) The board may provide funding to governmental organizations performing or providing support for tobacco prevention and reduction activities, including tobacco education, cessation services, policy development, policy advocacy, monitoring, evaluation, resource distribution, program planning or monitoring.
DHS 199.04 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01; CR 03-033: am. (1) (d) 1. b. Register January 2004 No. 577, eff. 2-1-04.
DHS 199.05 DHS 199.05 Application.
DHS 199.05(1)(1) Who may apply.
DHS 199.05(1)(a)(a) An applicant may be any of the following:
DHS 199.05(1)(a)1. 1. A public agency.
DHS 199.05(1)(a)2. 2. A legally-formed organization.
DHS 199.05(1)(a)3. 3. A coalition of organizations under the auspices of a public agency or a legally-formed organization.
DHS 199.05(1)(a)4. 4. The tribal governing body of a federally recognized Wisconsin tribe or band of Indians, or an American Indian organization appointed by the tribal governing body.
DHS 199.05(2) (2)Solicitation.
DHS 199.05(2)(a)(a) The board shall solicit applications for initial grants by preparing one or more RFPs, publishing a legal notice of the availability of each RFP at least twice in the official state newspaper no later than 3 weeks before the application deadline, and distributing copies of an RFP on request.
DHS 199.05(2)(b) (b) Based upon satisfactory performance and availability of funds, the board may solicit applications annually for continuation grants from current grantees. The board's solicitations shall be published as a legal notice at least twice in the official state newspaper no later than 3 weeks before the application deadline. The board shall provide details of the continuation grant to interested parties upon request.
DHS 199.05(3) (3)Making application.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.