H.B. 464

This document includes House Floor Amendments incorporated into the bill on Tue, Mar 9, 2010 at 6:23 PM by lerror. --> 1

FAMILY HEALTH SERVICES RFPS - TOBACCO
2 SETTLEMENT FUNDS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: John Dougall
6 Senate Sponsor: Daniel R. Liljenquist
7
8 LONG TITLE
9 General Description:
10 This bill requires the Department of Health to use the RFP process to provide services
11 with Tobacco Settlement funds and makes a one-time deposit into the General Fund
12 from Tobacco Settlement funds.
13 Highlighted Provisions:
14 This bill:
15 . requires that the Department of Health provide services with Tobacco Settlement
16 money through the RFP process; and
17 . makes a one-time deposit of $ H. [ 5,050,900 ] 11,350,900 .H from funds received
17a under the Tobacco
18 Settlement into the General Fund.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 51-9-202, as last amended by Laws of Utah 2009, Chapter 183
26 ENACTS:
27 26-10-8, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 26-10-8 is enacted to read:
31 26-10-8. Request for proposal required for non-state supplied services.
32 (1) Funds provided to the department through Sections 51-9-201 and 59-14-204 to be
33 used to provide H. [ specialized ] .H services, shall be awarded to
33a non- H. [ state ] governmental .H entities based on a
34 competitive H. [ request for proposal ] .H process H. consistent with Title 63G, Chapter 6,
34a Utah Procurement Code .H .
35 (2) Beginning July 1, 2010, and not more than every five years thereafter, the
36 department shall issue requests for proposals for H. [ awarding ] new or renewing contracts to
36a award .H funding for programs under
37 Subsection (1).
38 Section 2. Section 51-9-202 is amended to read:
39 51-9-202. Permanent state trust fund.
40 (1) Until July 1, 2003, 50% of all funds of every kind that are received by the state that
41 are related to the settlement agreement that the state entered into with leading tobacco
42 manufacturers on November 23, 1998, shall be deposited into the permanent state trust fund
43 created by and operated under Utah Constitution Article XXII, Section 4.
44 (2) On and after July 1, 2003 and until July 1, 2004 20% of the funds of any kind
45 received by the state that are related to the settlement agreement that the state entered into with
46 leading tobacco manufacturers shall be deposited into the permanent state trust fund created by
47 and operated under Utah Constitution Article XXII, Section 4.
48 (3) On and after July 1, 2004 and until July 1, 2005, 30% of all funds of any kind
49 received by the state that are related to the settlement agreement that the state entered into with
50 leading tobacco manufacturers shall be deposited into the General Fund Budget Reserve
51 Account created in Section 63J-1-312 .
52 (4) On and after July 1, 2005 and until July 1, 2007, 25% of all funds of any kind
53 received by the state that are related to the settlement agreement that the state entered into with
54 leading tobacco manufacturers shall be deposited into the permanent state trust fund created by
55 and operated under Utah Constitution Article XXII, Section 4.
56 (5) On and after July 1, 2007, 40% of all funds of every kind that are received by the
57 state that are related to the settlement agreement that the state entered into with leading tobacco
58 manufacturers on November 23, 1998, shall be deposited into the permanent state trust fund

59 created by and operated under Utah Constitution Article XXII, Section 4. Notwithstanding the
60 direction in this H. [ subsection ] Subsection (5) .H , for fiscal year 2011, the first
60a $ H.[5,050,900 ] 11,350,900 .H shall be deposited in the
61 General Fund and the remaining funds deposited as directed.
62 (6) Funds in the permanent state trust fund shall be deposited or invested pursuant to
63 Section 51-7-12.1 .
64 (7) (a) In accordance with Utah Constitution Article XXII, Section 4, the interest and
65 dividends earned annually from the permanent state trust fund shall be deposited in the General
66 Fund. There shall be transferred on an ongoing basis from the General Fund to the permanent
67 state trust fund created under Utah Constitution Article XXII, Section 4, an amount equal to
68 50% of the interest and dividends earned annually from the permanent state trust fund. The
69 amount transferred into the fund under this Subsection (7)(a) shall be treated as principal.
70 (b) Any annual interest or dividends earned from the permanent state trust fund that
71 remain in the General Fund after Subsection (7)(a) may be appropriated by the Legislature.
72 (c) Any realized or unrealized gains or losses on investments in the permanent state
73 trust fund shall remain in the permanent state trust fund.
74 (8) This section does not apply to funds deposited under Chapter 9, Part 3,
75 Infrastructure and Economic Diversification Investment Account and Severance Tax Holding
76 Account, into the permanent state trust fund.




Legislative Review Note
as of 3-8-10 8:30 AM

Office of Legislative Research and General Counsel