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S.B. 6005

             1     

TOBACCO PERMANENT TRUST FUND

             2     
APPROPRIATION

             3     
2002 SIXTH SPECIAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: L. Steven Poulton

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


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




Legislative Review Note
    as of 12-18-02 6:01 PM


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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