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First Substitute S.B. 106

Senator Lyle W. Hillyard proposes the following substitute bill:


             1     
TOBACCO SETTLEMENT ACCOUNT AMENDMENTS

             2     
2012 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Lyle W. Hillyard

             5     
House Sponsor: Melvin R. Brown

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill amends the priority of the use of funds in the Tobacco Settlement Restricted
             10      Account.
             11      Highlighted Provisions:
             12          This bill:
             13          .    amends the priority of the use of funds in the Tobacco Settlement Restricted
             14      Account; and
             15          .    makes technical amendments.
             16      Money Appropriated in this Bill:
             17          None
             18      Other Special Clauses:
             19          This bill takes effect on July 1, 2012.
             20      Utah Code Sections Affected:
             21      AMENDS:
             22          51-9-201, as last amended by Laws of Utah 2010, Chapter 404
             23     
             24      Be it enacted by the Legislature of the state of Utah:
             25          Section 1. Section 51-9-201 is amended to read:


             26           51-9-201. Creation of Tobacco Settlement Restricted Account.
             27          (1) There is created within the General Fund a restricted account known as the
             28      "Tobacco Settlement Restricted Account."
             29          (2) The account shall earn interest.
             30          (3) The account shall consist of:
             31          [(a) until July 1, 2003, 50% of all funds of every kind that are received by the state that
             32      are related to the settlement agreement that the state entered into with leading tobacco
             33      manufacturers on November 23, 1998;]
             34          [(b) on and after July 1, 2003 and until July 1, 2004, 80% of all funds of every kind
             35      that are received by the state that are related to the settlement agreement that the state entered
             36      into with leading tobacco manufacturers on November 23, 1998;]
             37          [(c) on and after July 1, 2004 and until July 1, 2005, 70% of all funds of every kind that
             38      are received by the state that are related to the settlement agreement that the state entered into
             39      with leading tobacco manufacturers on November 23, 1998;]
             40          [(d) on and after July 1, 2005 and until July 1, 2007, 75% of all funds of every kind
             41      that are received by the state that are related to the settlement agreement that the state entered
             42      into with leading tobacco manufacturers on November 23, 1998;]
             43          [(e)] (a) on and after July 1, 2007, 60% of all funds of every kind that are received by
             44      the state that are related to the settlement agreement that the state entered into with leading
             45      tobacco manufacturers on November 23, 1998; and
             46          [(f)] (b) interest earned on the account.
             47          (4) To the extent that funds will be available for appropriation in a given fiscal year,
             48      those funds shall be appropriated from the account in the following order:
             49          (a) $66,600 to the Office of the Attorney General for ongoing enforcement and defense
             50      of the Tobacco Settlement Agreement;
             51          (b) $18,500 to the State Tax Commission for ongoing enforcement of business
             52      compliance with the Tobacco Tax Settlement Agreement;
             53          [(a)] (c) $10,452,900 to the Department of Health for the Children's Health Insurance
             54      Program created in Section 26-40-103 and for restoration of dental benefits in the Children's
             55      Health Insurance Program;
             56          [(b)] (d) $3,847,100 to the Department of Health for alcohol, tobacco, and other drug


             57      prevention, reduction, cessation, and control programs that promote unified messages and
             58      make use of media outlets, including radio, newspaper, billboards, and television, and with a
             59      preference in funding given to tobacco-related programs;
             60          [(c)] (e) $193,700 to the Administrative Office of the Courts and $2,325,400 to the
             61      Department of Human Services for the statewide expansion of the drug court program;
             62          [(d)] (f) $4,000,000 to the State Board of Regents for the University of Utah Health
             63      Sciences Center to benefit the health and well-being of Utah citizens through in-state research,
             64      treatment, and educational activities; and
             65          [(e)] (g) any remaining funds as directed by the Legislature through appropriation.
             66          [(5) (a) If tobacco funds in dispute for attorney fees are received by the state, those
             67      funds shall be divided and deposited in accordance with Subsection (3) and Section 51-9-202 .]
             68          [(b) The amount appropriated from the Tobacco Settlement Restricted Account to the
             69      Department of Health for alcohol, tobacco, and other drug programs described in Subsection
             70      (4)(b), including the funding preference for tobacco-related programs, shall be increased by up
             71      to $2,000,000 in a given fiscal year to the extent that funds in dispute for attorney fees are
             72      available to the state for appropriation from the account.]
             73          [(6)] (5) Each state agency identified in Subsection (4) shall provide an annual report
             74      on the program and activities funded under Subsection (4) to:
             75          (a) the Health and Human Services Interim Committee no later than September 1; and
             76          (b) the Health and Human Services Appropriations Subcommittee.
             77          Section 2. Effective date.
             78          This bill takes effect on July 1, 2012.


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