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H.B. 302

             1     

DISTRIBUTION OF TOBACCO SETTLEMENT

             2     
MONIES AMENDMENTS

             3     
2009 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Ron Bigelow

             6     
Senate Sponsor: Lyle W. Hillyard

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill changes the amounts provided to the Departments of Health and Human
             11      Services from the Tobacco Settlement Funds.
             12      Highlighted Provisions:
             13          This bill:
             14          .    reduces amounts allotted to the Departments of Health and Human Services from
             15      the Tobacco Settlement Funds;
             16          .    reduces the amount allotted to the Department of Human Services for a drug board
             17      pilot program; and
             18          .    changes the amount provided to the Department of Health for the Children's Health
             19      Insurance Program.
             20      Monies Appropriated in this Bill:
             21          None
             22      Other Special Clauses:
             23          This bill provides an immediate effective date.
             24      Utah Code Sections Affected:
             25      AMENDS:
             26          51-9-201, as last amended by Laws of Utah 2008, Chapter 250 and renumbered and
             27      amended by Laws of Utah 2008, Chapter 382


             28     
             29      Be it enacted by the Legislature of the state of Utah:
             30          Section 1. Section 51-9-201 is amended to read:
             31           51-9-201. Creation of Tobacco Settlement Restricted Account.
             32          (1) There is created within the General Fund a restricted account known as the
             33      "Tobacco Settlement Restricted Account."
             34          (2) The account shall earn interest.
             35          (3) The account shall consist of:
             36          (a) until July 1, 2003, 50% of all funds of every kind that are received by the state that
             37      are related to the settlement agreement that the state entered into with leading tobacco
             38      manufacturers on November 23, 1998;
             39          (b) on and after July 1, 2003 and until July 1, 2004, 80% of all funds of every kind that
             40      are received by the state that are related to the settlement agreement that the state entered into
             41      with leading tobacco manufacturers on November 23, 1998;
             42          (c) on and after July 1, 2004 and until July 1, 2005, 70% of all funds of every kind that
             43      are received by the state that are related to the settlement agreement that the state entered into
             44      with leading tobacco manufacturers on November 23, 1998;
             45          (d) on and after July 1, 2005 and until July 1, 2007, 75% of all funds of every kind that
             46      are received by the state that are related to the settlement agreement that the state entered into
             47      with leading tobacco manufacturers on November 23, 1998;
             48          (e) on and after July 1, 2007, 60% of all funds of every kind that are received by the
             49      state that are related to the settlement agreement that the state entered into with leading tobacco
             50      manufacturers on November 23, 1998; and
             51          (f) interest earned on the account.
             52          (4) To the extent that funds will be available for appropriation in a given fiscal year,
             53      those funds shall be appropriated from the account in the following order:
             54          (a) [$10,300,000] $10,452,900 to the Department of Health for the Children's Health
             55      Insurance Program created in Section 26-40-103 and for restoration of dental benefits in the
             56      Children's Health Insurance Program;
             57          (b) [$4,000,000] $3,847,100 to the Department of Health for alcohol, tobacco, and
             58      other drug prevention, reduction, cessation, and control programs that promote unified


             59      messages and make use of media outlets, including radio, newspaper, billboards, and
             60      television, and with a preference in funding given to tobacco-related programs;
             61          (c) $193,700 to the Administrative Office of the Courts and [$1,296,300] $1,471,700
             62      to the Department of Human Services for the statewide expansion of the drug court program;
             63          (d) $77,400 to the Board of Pardons, $81,700 to the Department of Corrections, and
             64      [$350,900] $175,500 to the Department of Human Services for a drug board pilot program;
             65          (e) $4,000,000 to the State Board of Regents for the University of Utah Health
             66      Sciences Center to benefit the health and well-being of Utah citizens through in-state research,
             67      treatment, and educational activities; and
             68          (f) any remaining funds as directed by the Legislature through appropriation.
             69          (5) (a) If tobacco funds in dispute for attorney fees are received by the state, those
             70      funds shall be divided and deposited in accordance with Subsection (3) and Section 51-9-202 .
             71          (b) The amount appropriated from the Tobacco Settlement Restricted Account to the
             72      Department of Health for alcohol, tobacco, and other drug programs described in Subsection
             73      (4)(b), including the funding preference for tobacco-related programs, shall be increased by up
             74      to $2,000,000 in a given fiscal year to the extent that funds in dispute for attorney fees are
             75      available to the state for appropriation from the account.
             76          (6) Each state agency identified in Subsection (4) shall provide an annual report on the
             77      program and activities funded under Subsection (4) to:
             78          (a) the Health and Human Services Interim Committee no later than September 1; and
             79          (b) the Health and Human Services Appropriations Subcommittee.
             80          Section 2. Effective date.
             81          If approved by two-thirds of all the members elected to each house, this bill takes effect
             82      upon approval by the governor, or the day following the constitutional time limit of Utah
             83      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
             84      the date of veto override.




Legislative Review Note
    as of 2-27-09 10:00 AM


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