51-9-201 - Creation of Tobacco Settlement Restricted Account. - Utah Statutes

51-9-201. Creation of Tobacco Settlement Restricted Account.
(1) There is created within the General Fund a restricted account known as the "TobaccoSettlement Restricted Account."
(2) The account shall earn interest.
(3) The account shall consist of:
(a) until July 1, 2003, 50% of all funds of every kind that are received by the state thatare related to the settlement agreement that the state entered into with leading tobaccomanufacturers on November 23, 1998;
(b) on and after July 1, 2003 and until July 1, 2004, 80% of all funds of every kind thatare received by the state that are related to the settlement agreement that the state entered intowith leading tobacco manufacturers on November 23, 1998;
(c) on and after July 1, 2004 and until July 1, 2005, 70% of all funds of every kind thatare received by the state that are related to the settlement agreement that the state entered intowith leading tobacco manufacturers on November 23, 1998;
(d) on and after July 1, 2005 and until July 1, 2007, 75% of all funds of every kind thatare received by the state that are related to the settlement agreement that the state entered intowith leading tobacco manufacturers on November 23, 1998;
(e) on and after July 1, 2007, 60% of all funds of every kind that are received by the statethat are related to the settlement agreement that the state entered into with leading tobaccomanufacturers on November 23, 1998; and
(f) interest earned on the account.
(4) To the extent that funds will be available for appropriation in a given fiscal year,those funds shall be appropriated from the account in the following order:
(a) $10,452,900 to the Department of Health for the Children's Health Insurance Programcreated in Section 26-40-103 and for restoration of dental benefits in the Children's HealthInsurance Program;
(b) $3,847,100 to the Department of Health for alcohol, tobacco, and other drugprevention, reduction, cessation, and control programs that promote unified messages and makeuse of media outlets, including radio, newspaper, billboards, and television, and with apreference in funding given to tobacco-related programs;
(c) $193,700 to the Administrative Office of the Courts and $2,325,400 to theDepartment of Human Services for the statewide expansion of the drug court program;
(d) $4,000,000 to the State Board of Regents for the University of Utah Health SciencesCenter to benefit the health and well-being of Utah citizens through in-state research, treatment,and educational activities; and
(e) any remaining funds as directed by the Legislature through appropriation.
(5) (a) If tobacco funds in dispute for attorney fees are received by the state, those fundsshall be divided and deposited in accordance with Subsection (3) and Section 51-9-202.
(b) The amount appropriated from the Tobacco Settlement Restricted Account to theDepartment of Health for alcohol, tobacco, and other drug programs described in Subsection(4)(b), including the funding preference for tobacco-related programs, shall be increased by up to$2,000,000 in a given fiscal year to the extent that funds in dispute for attorney fees are availableto the state for appropriation from the account.
(6) Each state agency identified in Subsection (4) shall provide an annual report on theprogram and activities funded under Subsection (4) to:

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(a) the Health and Human Services Interim Committee no later than September 1; and
(b) the Health and Human Services Appropriations Subcommittee.

Amended by Chapter 404, 2010 General Session