S.B. 173 Enrolled

USE OF TOBACCO SETTLEMENT MONIES
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Lane Beattie
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; CREATING A RESTRICTED
ACCOUNT FOR TOBACCO SETTLEMENT FUNDS; MAKING CONFORMING
AMENDMENTS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
26-40-112, as enacted by Chapter 360, Laws of Utah 1998
ENACTS:
63-97-101, Utah Code Annotated 1953
63-97-102, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-40-112 is amended to read:
26-40-112. Hospital Provider Assessment Account.
(1) There is created within the General Fund a restricted account known as the "Hospital
Provider Assessment Account."
(2) The account shall be nonlapsing and consist of:
(a) proceeds from the assessment imposed in accordance with Section 26-40-111 ;
(b) funds transferred from the Medicaid Hospital Provider Temporary Assessment
Account;
(c) private contributions; and
(d) interest earned on monies in the account[; and].
[(e) any funds received by virtue of the state's action for reimbursement of medicaid funds
from tobacco manufacturers that are not restricted by use or purpose by:]
[(i) the federal government;]
[(ii) state or federal law; or]
[(iii) the terms of any settlement agreement, order, law, or related contract.]

(3) Funds in the account shall be appropriated by the Legislature to fund:
(a) the program; and
(b) if funds remain after Subsection (3)(a), the Medicaid program.
Section 2. Section 63-97-101 is enacted to read:
CHAPTER 97. TOBACCO SETTLEMENT ACCOUNT
63-97-101. Title.
This chapter is known as the "Tobacco Settlement Account."
Section 3. Section 63-97-102 is enacted to read:
63-97-102. Creation of restricted account.
(1) There is created within the General Fund a restricted account known as the Tobacco
Settlement Account.
(2) The account shall consist of all funds received by the state that are related to the
settlement agreement that the state entered into with leading tobacco manufacturers on November
23, 1998.
(3) Funds in the account may only be used as directed by the Legislature through
appropriation.
Section 4. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

- 2 -