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S.B. 6003

             1     

USE OF TOBACCO FUNDS

             2     
2002 SIXTH SPECIAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: John W. Hickman

             5      This act modifies State Affairs in General. The act modifies the distribution of Tobacco
             6      Settlement Funds from December 20, 2002 until July 1, 2003. The act has an immediate
             7      effective date.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      ENACTS:
             10          63-97-301.5, Utah Code Annotated 1953
             11      Be it enacted by the Legislature of the state of Utah:
             12          Section 1. Section 63-97-301.5 is enacted to read:
             13          63-97-301.5. Tobacco Settlement Funds Allocation.
             14          Notwithstanding the provisions of Sections 63-97-201 and 63-97-301 , all funds of
             15      every kind that are received by the state that are related to the settlement agreement that the
             16      state entered into with leading tobacco manufacturers on November 23, 1998 shall be deposited
             17      as follows:
             18          (1) from December 20, 2002 until January 31, 2003:
             19          (a) 50% of all money received by the state shall be deposited in the General Fund;
             20          (b) 50% of all money received by the state shall be deposited in the "Tobacco
             21      Settlement Restricted Account" and distributed in accordance with Section 63-97-201 ; and
             22          (c) money received by the state shall not be deposited into the permanent state trust
             23      fund created and operated under Utah Constitution Article XXII, Section 4;
             24          (2) from February 1, 2003 until June 30, 2003:
             25          (a) an amount of money received by the state equal to $16 million, minus the amount
             26      deposited under Subsection (1)(a) shall be deposited into the General Fund;
             27          (b) the money received by the state that remains after the deposit required by


             28      Subsection (2)(a) shall be deposited into the "Tobacco Settlement Restricted Account" and
             29      distributed in accordance with Section 63-97-201 ; and
             30          (c) money received by the state shall not be deposited into the permanent state trust
             31      fund created and operated under Utah Constitution Article XXII, Section 4; and
             32          (3) beginning July 1, 2003 money received by the state shall be deposited in
             33      accordance with Sections 63-97-201 and 63-97-301 .
             34          Section 2. Effective date.
             35          If approved by two-thirds of all the members elected to each house, this act takes effect
             36      upon approval by the governor, or the day following the constitutional time limit of Utah
             37      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
             38      the date of veto override.




Legislative Review Note
    as of 12-18-02 11:04 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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