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S.B. 140
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TOBACCO PREVENTION AND TREATMENT
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ENDOWMENT
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: D. Edgar Allen
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AN ACT RELATING TO THE TOBACCO SETTLEMENT ACCOUNT; AMENDING THE
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NAME OF THE TOBACCO SETTLEMENT ACCOUNT; CREATING A SECOND
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RESTRICTED ACCOUNT KNOWN AS THE TOBACCO PREVENTION AND TREATMENT
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ENDOWMENT; REQUIRING THAT 25% OF ALL TOBACCO SETTLEMENT FUNDS BE
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DEPOSITED INTO THE ENDOWMENT; PERMITTING ONLY THE INTEREST EARNED
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ON THE ENDOWMENT TO BE APPROPRIATED; ESTABLISHING THE PURPOSES FOR
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WHICH INTEREST MAY BE APPROPRIATED; APPROPRIATING INTO THE
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ENDOWMENT 25% OF ANY TOBACCO SETTLEMENT FUNDS RECEIVED BY THE
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STATE BEFORE THE EFFECTIVE DATE OF THIS ACT; AND ESTABLISHING AN
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EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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63-97-101, as enacted by Chapter 78, Laws of Utah 1999
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ENACTS:
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63-97-301, Utah Code Annotated 1953
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RENUMBERS AND AMENDS:
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63-97-201, (Renumbered from 63-97-102, as enacted by Chapter 78, Laws of Utah 1999)
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-97-101
is amended to read:
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CHAPTER 97. TOBACCO SETTLEMENT ACCOUNTS
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Part 1. General Provision
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63-97-101. Title.
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This chapter is known as [the] "Tobacco Settlement [Account] Accounts."
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Section 2.
Section
63-97-201
, which is renumbered from Section 63-97-102 is renumbered
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and amended to read:
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Part 2. Tobacco Settlement Restricted Account
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[63-97-102]. 63-97-201. Creation of Tobacco Settlement Restricted Account.
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(1) There is created within the General Fund a restricted account known as the Tobacco
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Settlement Restricted Account.
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(2) The account shall earn interest.
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[(2)] (3) The account shall consist of:
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(a) 75% of all funds of every kind received by the state that are related to the settlement
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agreement that the state entered into with leading tobacco manufacturers on November 23, 1998;
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and
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(b) interest earned on the account.
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[(3)] (4) Funds in the account may only be used as directed by the Legislature through
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appropriation.
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Section 3.
Section
63-97-301
is enacted to read:
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Part 3. Tobacco Prevention and Treatment Endowment.
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63-97-301. Tobacco Prevention and Treatment Endowment.
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(1) There is created within the General Fund a restricted account known as the Tobacco
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Prevention and Treatment Endowment.
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(2) The account shall earn interest.
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(3) The account shall consist of:
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(a) 25% of all funds of every kind that are received by the state that are related to the
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settlement agreement that the state entered into with leading tobacco manufacturers on November
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23, 1998; and
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(b) interest earned on the account.
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(4) Tobacco settlement funds deposited into the account pursuant to Subsection (3)(a) may
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not be appropriated for any purpose, but shall remain in the account for the purpose of earning
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interest to be appropriated in accordance with Subsection (5).
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(5) The Legislature shall annually appropriate all interest earned on the account for the
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following purposes:
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(a) to discourage the use of tobacco products;
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(b) to reduce the use of tobacco products; and
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(c) to help pay for the ongoing costs of treating tobacco-related illnesses and diseases.
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Section 4. Appropriation.
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There is appropriated 25% of any funds that are deposited into the Tobacco Settlement
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Account within the General Fund before July 1, 2000, to the Tobacco Prevention and Treatment
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Endowment within the General Fund to ensure that the starting fund balance in each account is
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consistent with the provisions of this act.
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Section 5. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 1-21-00 1:42 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.