A coalition of eight prominent health and medical organizations has filed an amicus brief with the Oklahoma Supreme Court, demanding the reversal of legislation they argue infringes upon the constitutional independence of the Tobacco Settlement Endowment Trust (TSET).
The groups—including the Oklahoma State Medical Association, Oklahoma Academy of Family Physicians, American Heart Association, American Lung Association, American Cancer Society Cancer Action Network, Americans for Nonsmokers’ Rights, Oklahoma chapter of the American Academy of Pediatrics, and the Campaign for Tobacco‑Free Kids—warn that House Bill 2783 strips board members of their protection from arbitrary dismissal by granting appointing authorities the power to remove them “at their pleasure.” They assert this directly contravenes the trust’s original constitutional design, intended to insulate it from political influence.
Established in 2000 by an amendment voted on by Oklahomans, TSET was created to manage the state’s share of Master Settlement Agreement funds through a grant-making trust insulated from political manipulation. Its board, comprised of seven members with staggered seven‑year terms and drawn from different congressional districts, was designed to ensure stability and nonpartisan oversight.
The brief emphasizes that HB 2783 would convert board members into political appointees lacking fixed terms, thereby threatening the trust’s independence and, the coalition fears, the integrity of tobacco‑control investments.
In response, the Oklahoma Supreme Court has placed HB 2783 on hold pending further deliberation, preventing it from becoming law as scheduled on August 28. Until a decision is issued, TSET’s current governance structure remains in place.
Attorney Bob Burke, representing TSET in court filings, underscored the gravity of the change: “Oklahoma was the only state to protect its part of the money in a constitutional trust,” he said. “The legislature…passed a bill that says…all you board members, you can be removed at any time by your appointing authority.” It’s, he asserts, “an attempt…to control the board members so that anything that the legislature wants funded by TSET will be funded.”
TSET has proven effective in channeling funds toward tobacco‑use prevention and cessation, according to studies. Oklahoma now allocates significantly more toward these efforts than most states— it ranks second nationally, using 85.9 percent of CDC‑recommended levels- which the groups say underscores the importance of preserved autonomy.
