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H.B. 464 Enrolled

             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 $11,350,900 from funds received 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 services, shall be awarded to non-governmental entities based on a competitive
             34      process consistent with Title 63G, Chapter 6, Utah Procurement Code.
             35          (2) Beginning July 1, 2010, and not more than every five years thereafter, the
             36      department shall issue requests for proposals for new or renewing contracts to award funding
             37      for programs under 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
             41      that 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
             47      by 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
             55      by 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


             58      tobacco manufacturers on November 23, 1998, shall be deposited into the permanent state
             59      trust fund created by and operated under Utah Constitution Article XXII, Section 4.
             60      Notwithstanding the direction in this Subsection (5), for fiscal year 2011, the first
             61      $11,350,900 shall be deposited in the General Fund and the remaining funds deposited as
             62      directed.
             63          (6) Funds in the permanent state trust fund shall be deposited or invested pursuant to
             64      Section 51-7-12.1 .
             65          (7) (a) In accordance with Utah Constitution Article XXII, Section 4, the interest and
             66      dividends earned annually from the permanent state trust fund shall be deposited in the
             67      General Fund. There shall be transferred on an ongoing basis from the General Fund to the
             68      permanent state trust fund created under Utah Constitution Article XXII, Section 4, an amount
             69      equal to 50% of the interest and dividends earned annually from the permanent state trust
             70      fund. The amount transferred into the fund under this Subsection (7)(a) shall be treated as
             71      principal.
             72          (b) Any annual interest or dividends earned from the permanent state trust fund that
             73      remain in the General Fund after Subsection (7)(a) may be appropriated by the Legislature.
             74          (c) Any realized or unrealized gains or losses on investments in the permanent state
             75      trust fund shall remain in the permanent state trust fund.
             76          (8) This section does not apply to funds deposited under Chapter 9, Part 3,
             77      Infrastructure and Economic Diversification Investment Account and Severance Tax Holding
             78      Account, into the permanent state trust fund.


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