HOUSE BILL NO. 131
INTRODUCED BY B. KASTEN
BY REQUEST OF THE GOVERNOR
A BILL FOR AN ACT ENTITLED: "AN ACT ALLOCATING MONEY RECOVERED BY THE STATE OF
MONTANA AS A RESULT OF CLAIMS AGAINST TOBACCO COMPANIES; CREATING A HEALTH AND
LONG-TERM CARE TRUST FUND; CREATING A HEALTH AND LONG-TERM CARE ADVISORY BOARD;
CREATING A COMPREHENSIVE TOBACCO USE PREVENTION AND CONTROL CREATING A LOCAL
HEALTH AND PREVENTION GRANTS PROGRAM; CREATING A HEALTH AND PREVENTION FUNDING
ADVISORY BOARD; PROVIDING A CONTINGENT APPROPRIATION; AMENDING SECTION 50-1-202, MCA;
AND PROVIDING AN EFFECTIVE DATES, DATE AND A RETROACTIVE APPLICABILITY DATE, AND A
TERMINATION DATE."
WHEREAS, tobacco use is the most common preventable cause of death in Montana, tobacco-related deaths in Montana account for approximately 1,500 deaths annually, nearly 20% of all deaths, and tobacco use has been identified as a cause of lung cancer, asthma, oral cancer, and cardiovascular disease; and
WHEREAS, more than 21% of Montana adults smoke tobacco, and the rate of Montana youth smoking increased to 25% in 1997; and
WHEREAS, Montana has ONE OF the highest rate of smokeless tobacco use in the United States, and smokeless tobacco use rates for Montana youth are nearly twice the national average; and
WHEREAS, diseases related to tobacco use place an additional burden on Montana's Medicaid program, the additional
financial cost to the Montana Medicaid program that is attributable to tobacco use totals approximately MORE THAN $12
million each year, and the Centers for Disease Control and Prevention estimates that as of 1990, direct medical costs in
Montana related to cigarette smoking are $102 million annually; and
WHEREAS, litigation to prevent marketing of cigarettes to children, to recover state medical costs related to smoking, and to obtain statutory penalties for unfair and deceptive trade practices has been settled between the State of Montana and the major tobacco companies, and the settlements are expected to bring revenue of approximately $832 million over the next 28 years to the State of Montana; and
WHEREAS, more than 15% of Montanans were not covered by health insurance in 1997; and
WHEREAS, the future cost of health care is uncertain because of inflation, the aging of Montana's population, and potential cutbacks in federal funding for health care programs; and
WHEREAS, it is the intent of the Legislature to appropriate money recovered from tobacco companies to reimburse the
general fund for the additional financial cost attributable to tobacco use, to develop and fund a comprehensive tobacco use
prevention and control program, to fund the children's health insurance plan, and to create and regulate a health and
long-term care trust fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Tobacco claims recoveries -- investment and appropriation. (1) MONEY RECOVERED BY THE STATE OF MONTANA FROM JANUARY 1, 1999, THROUGH JUNE 30, 2000, FROM ANY JUDGMENT, SETTLEMENT, OR FINE RECEIVED AS A RESULT OF A CRIMINAL OR CIVIL CLAIM AGAINST A TOBACCO COMPANY RELATED TO THE PRODUCTION, MARKETING, OR USE OF TOBACCO PRODUCTS IS ALLOCATED AS FOLLOWS:
(A) ONE-HALF MUST BE ALLOCATED TO THE CREDIT OF AN ACCOUNT IN THE STATE SPECIAL REVENUE FUND FOR THE PURPOSE OF TAX RELIEF AS DETERMINED BY THE 57TH LEGISLATURE FOR THE 2003 BIENNIUM;
(A)(B) THE FIRST $20 $10 MILLION MUST BE DEPOSITED IN THE GENERAL FUND;
(B)(C) $8 MILLION MUST BE DEPOSITED IN THE STATE SPECIAL REVENUE FUND TO THE CREDIT OF
AN ACCOUNT ESTABLISHED BY THE DEPARTMENT FOR THE CHILDREN'S HEALTH INSURANCE PLAN
FOR THE 2001 BIENNIUM, AS PROVIDED IN [SENATE BILL NO. 81], AND USED TO FUND ANY INCREASES
IN MEDICAID PROGRAM COSTS RESULTING FROM THE CHILDREN'S HEALTH INSURANCE PLAN
OUTREACH; AND
(C)(D) ANY REMAINING AMOUNT MUST BE ALLOCATED AS PROVIDED IN SUBSECTION (2). FOLLOWS:
(I) TO THE DEPARTMENT TO BE DEPOSITED IN THE STATE SPECIAL REVENUE FUND TO THE CREDIT OF AN ACCOUNT ESTABLISHED BY THE DEPARTMENT FOR THE CHILDREN'S HEALTH INSURANCE PLAN, AS PROVIDED IN [SENATE BILL NO. 81], 10%;
(II) TO THE STATE AUDITOR TO BE DEPOSITED IN THE STATE SPECIAL REVENUE FUND TO THE CREDIT OF AN ACCOUNT ESTABLISHED BY THE STATE AUDITOR FOR THE MONTANA COMPREHENSIVE HEALTH ASSOCIATION, 3.4%;
(III) TO THE DEPARTMENT TO BE DEPOSITED IN THE STATE SPECIAL REVENUE FUND TO THE CREDIT OF AN ACCOUNT ESTABLISHED BY THE DEPARTMENT FOR HEALTH AND PREVENTION GRANTS TO LOCAL SCHOOLS, ENTITIES, ORGANIZATIONS, OR PROGRAMS FOR HEALTH AND PREVENTION PURPOSES, INCLUDING BUT NOT LIMITED TO TOBACCO USE PREVENTION AND CONTROL, 46%; AND
(IV) TO THE FUND PROVIDED FOR IN [SECTION 2], 40.6%.
(1)(2) Money recovered by the state of Montana ON OR AFTER JULY 1,2000, from any judgment, settlement, or fine
received as a result of a criminal or civil claim against a tobacco company related to the production, marketing, or use of
tobacco products is allocated FOR EACH PAYMENT RECEIVED as follows:
(A) ONE-HALF MUST BE ALLOCATED TO THE CREDIT OF AN ACCOUNT IN THE STATE SPECIAL REVENUE FUND FOR THE PURPOSE OF TAX RELIEF AS DETERMINED BY THE NEXT LEGISLATURE FOR THE FOLLOWING BIENNIUM; AND
(B) THE REMAINDER SHALL BE ALLOCATED AS FOLLOWS:
(a)(I) to the general fund of the state, 30% 40%, UP TO $12 $6 MILLION FOR EACH FISCAL YEAR;
(b)(II)(I) to the department to be deposited in the state special revenue fund to the credit of an account established by the
department for a comprehensive tobacco use prevention and control program, as provided in [section 6], and the children's
health insurance plan, as provided in [LC 449], and to fund any increases in medicaid program costs resulting from the
children's health insurance plan outreach, 35% [SENATE BILL NO. 81], 10%, UP TO $3 $1.5 MILLION FOR EACH
FISCAL YEAR;
(C)(III)(II) TO THE STATE AUDITOR TO BE DEPOSITED IN THE STATE SPECIAL REVENUE FUND TO THE
CREDIT OF AN ACCOUNT ESTABLISHED BY THE STATE AUDITOR FOR THE MONTANA COMPREHENSIVE
HEALTH ASSOCIATION, 3.4%, UP TO $1 MILLION $500,000 FOR EACH FISCAL YEAR; and
(D)(IV)(III) TO THE DEPARTMENT TO BE DEPOSITED IN THE STATE SPECIAL REVENUE FUND TO THE
CREDIT OF AN ACCOUNT ESTABLISHED BY THE DEPARTMENT FOR HEALTH AND PREVENTION GRANTS
TO LOCAL SCHOOLS, ENTITIES, ORGANIZATIONS, OR PROGRAMS FOR HEALTH AND PREVENTION
PURPOSES, INCLUDING BUT NOT LIMITED TO TOBACCO USE PREVENTION AND CONTROL, 36%, UP TO
$10.8 $5.4 46%, UP TO $6.9 MILLION FOR EACH FISCAL YEAR, THE GRANTS FROM WHICH ARE SUBJECT TO
THE FOLLOWING RESTRICTIONS:
(A) A SCHOOL MAY NOT RECEIVE ANY FUNDS UNLESS THE SCHOOL AND SCHOOL GROUNDS ARE ENFORCED AS TOBACCO-FREE;
(B) A GRANT MAY NOT BE ISSUED TO A SCHOOL, ENTITY, ORGANIZATION, OR PROGRAM UNLESS IT PROVIDES FREE COUNSELING AND TOBACCO CESSATION PROGRAMS FOR ITS STUDENTS OR EMPLOYEES;
(C) A GRANT MAY NOT BE ISSUED TO A SCHOOL, ENTITY, ORGANIZATION, OR PROGRAM UNLESS PROOF IS PROVIDED THAT THE SCHOOL, ENTITY, ORGANIZATION, OR PROGRAM HAS ENFORCED AND IS RIGOROUSLY ENFORCING THE LAWS PERTAINING TO TOBACCO USE BY YOUTH, AND A GRANT MAY BE FORFEITED TO THE DEPARTMENT IF THE SCHOOL, ENTITY, ORGANIZATION, OR PROGRAM IS SHOWN TO NOT BE ENFORCING THE TOBACCO LAWS PERTAINING TO YOUTH; AND
(c)(E)(V)(IV) to the fund, provided for in [sections 3 and 4], 35% [SECTION 2], 10% 30.6% AND THE REMAINDER
OF ANY PAYMENTS MADE IN A FISCAL YEAR AFTER THE AMOUNTS IN SUBSECTIONS (2)(A) THROUGH
(2)(D) SUBSECTION (2)(B) OF THIS SECTION ARE SATISFIED.
(2)(3) Any funds appropriated to the department to fund the comprehensive tobacco use prevention and control
CHILDREN'S HEALTH INSURANCE PLAN AS PROVIDED IN SUBSECTION (2)(B)(I) AND THE LOCAL HEALTH
AND PREVENTION GRANTS program PROVIDED FOR IN SUBSECTION (2)(D) (2)(B)(III) remaining unexpended at
the end of each biennium remain in the state special revenue fund account for future use by the tobacco use prevention and
control LOCAL HEALTH AND PREVENTION GRANTS program.
(3)(4) Principal and net earnings remaining in the fund PROVIDED FOR IN [SECTION 2] at the end of each biennium
do not revert to the general fund.
(4)(5) Funds appropriated to the department to fund the children's health insurance plan and outreach that remain
unexpended at the end of each biennium revert to the general fund.
(6)(5) IF THE FEDERAL GOVERNMENT REQUIRES THAT FUNDS FROM THE TOBACCO SETTLEMENT BE
PAID TO THE FEDERAL GOVERNMENT OR OTHERWISE RECOVERS MONEY FROM THE STATE OF
MONTANA TO COMPENSATE FOR FEDERAL PARTICIPATION IN MEDICAID COSTS, THE PAYMENT OR
RECOVERY MUST BE MADE FROM THE GENERAL FUND ALLOCATION SPECIFIED IN SUBSECTIONS (1)(A)
SUBSECTION (1)(B) IF RECOVERY IS DETERMINED PRIOR TO OR ON JUNE 30, 2000, AND IF RECOVERY IS
DETERMINED ON OR AFTER JULY 1, 2000, THE PAYMENT OR RECOVERY MUST BE MADE
PROPORTIONATELY FROM THE GENERAL FUND ALLOCATION SPECIFIED IN SUBSECTION (2)(A), THE
STATE SPECIAL REVENUE FUND LOCAL HEALTH AND PREVENTION GRANTS ACCOUNT ESTABLISHED IN
SUBSECTION (2)(D), (2)(B)(III) AND THE HEALTH AND LONG-TERM CARE TRUST FUND ESTABLISHED IN
[SECTION 2].
NEW SECTION. Section 2. Definitions. For purposes of [sections 1 through 6], the following definitions apply:
(1) "Board" means the Montana health and long-term care trust fund advisory board provided for in [section 5].
(2) "Fund" means the Montana health and long-term care trust fund provided for in [section 3].
NEW SECTION. Section 3. Montana health and long-term care trust fund. (1) There is an account in the state
special revenue fund for health and long-term care needs. Principal deposited in the fund must be invested at the discretion
of the board of investments. Income and earnings on the account accrue to the fund.
(2) The account may be appropriated only as follows:
(a) the principal and 50% of the net earnings by a vote of two-thirds of the members of each house of the legislature if it
determines that the immediate needs outweigh the projected future health and long-term care needs of Montanans; and
(b) the remaining 50% of net earnings by majority vote.
NEW SECTION. Section 2. Montana health and long-term care trust fund. (1) There is an account in the state
special revenue fund for health and long-term care needs. Principal deposited in the fund must be invested at the discretion
of the board of investments. Income and earnings on the account accrue to the fund, which AND MAY BE EXPENDED
BY THE DEPARTMENT. THE PRINCIPAL OF THE FUND may be appropriated by the legislature by a majority vote
OF TWO-THIRDS OF THE MEMBERS OF EACH HOUSE OF THE LEGISLATURE.
(2) FOR THE PURPOSES OF [SECTIONS 1 AND 2], "FUND" MEANS THE MONTANA HEALTH AND LONG-TERM CARE TRUST FUND PROVIDED FOR IN THIS SECTION.
NEW SECTION. SECTION 3. HEALTH AND PREVENTION FUNDING ADVISORY BOARD. (1) THERE IS A HEALTH AND PREVENTION FUNDING ADVISORY BOARD ATTACHED TO THE DEPARTMENT FOR ADMINISTRATIVE PURPOSES ONLY AS PROVIDED FOR IN 2-15-121.
(2) THERE ARE EIGHT MEMBERS OF THE BOARD APPOINTED AS FOLLOWS:
(A) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES;
(B) TWO MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE;
(C) TWO MEMBERS APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES; AND
(D) TWO MEMBERS APPOINTED BY THE MINORITY LEADER OF THE SENATE.
(3) A MEMBER MAY NOT BE A LEGISLATOR. FOUR MEMBERS MUST BE REPRESENTATIVES OF THE PUBLIC AT LARGE, AND FOUR MEMBERS SHALL REPRESENT HEALTH PROFESSIONS OR HEALTH-RELATED ORGANIZATIONS.
(4) THE BOARD SHALL APPROVE THE AWARDING OF ANY GRANT FUNDS BY THE DEPARTMENT FROM THE LOCAL HEALTH AND PREVENTION GRANTS PROGRAM PROVIDED FOR IN [SECTION 1].
NEW SECTION. Section 5. Montana health and long-term care trust fund advisory board. (1) There is
a Montana health and long-term care trust fund advisory board.
(2) The board shall make a written report to the governor before each regular legislative session
regarding whether immediate health care needs outweigh the projected future health and long-term care
needs and make recommendations for necessary changes to enable the use of the health and long-term
care trust funds for immediate health care needs.
(3) The board consists of seven members, appointed as follows:
(a) one member of the house of representatives appointed by the speaker;
(b) one member of the senate appointed by the president;
(c) one member who is the attorney general or the attorney general's designee; and
(d) four members appointed by the governor.
(4) The board shall seek the advice and comments of the public.
(5) The board is attached to the department for administrative purposes only and is not subject to
2-15-121(1)(c).
NEW SECTION. Section 6. Comprehensive tobacco use prevention and control program -- rulemaking
authority. (1) There is a program in the department to implement a comprehensive tobacco use prevention
and control strategy. A comprehensive tobacco use prevention and control strategy may include but is
not limited to improving school-based programs to ensure that children receive accurate information and
intervention regarding tobacco use, expanding community-based programs to offer a variety of services
and interventions to prevent and combat tobacco use and to reduce the burden of tobacco-related
diseases, providing access to effective tobacco addiction cessation programs, promoting public education
and awareness campaigns that counter messages that promote tobacco, and providing monitoring and
evaluation programs that ensure the best and most effective programs for tobacco use prevention and
control.
(2) The comprehensive tobacco use prevention and control strategy must be administered in accordance
with this section.
(3) The department may adopt and enforce rules that are necessary to comply with any federal tobacco
use prevention and control requirements in order to create and implement a comprehensive tobacco use
prevention and control program.
(4) The rules adopted by the department pursuant to this section may contain provisions reasonably
necessary to promote the purposes of this section, including but not limited to technical and procedural
standards, interpretation or description of law, and description of program characteristics.
(5) The rules adopted by the department pursuant to this section may not contain:
(a) prohibitions or fees that have not been previously authorized in accordance with law; or
(b) provisions that are not reasonably related to tobacco use prevention and control.
NEW SECTION. SECTION 4. CONTINGENT APPROPRIATION. IF MONEY IS NOT RECOVERED AS
PROVIDED FOR IN [SECTION 1(1)], THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES IS
AUTHORIZED TO MAKE A GENERAL FUND LOAN PURSUANT TO 17-2-107 IN THE AMOUNT OF $8 MILLION
FOR THE PURPOSES OF THE CHILDREN'S HEALTH INSURANCE PROGRAM PROVIDED FOR IN [SENATE BILL
NO. 81] FOR THE 2001 BIENNIUM. THE GENERAL FUND LOAN MUST BE REPAID FROM ANY MONEY
RECOVERED BY THE STATE OF MONTANA, BY JUNE 30, 2001, FROM ANY JUDGMENT, SETTLEMENT, OR
FINE RECEIVED AS A RESULT OF A CRIMINAL OR CIVIL CLAIM AGAINST A TOBACCO COMPANY RELATED
TO THE PRODUCTION, MARKETING, OR USE OF TOBACCO PRODUCTS AND ALLOCATED FOR THE
PURPOSES OF [SECTION 1(1)(B) OR (2)(B) 1(1)(C) OR (2)(B)(I)].
Section 5. Section 50-1-202, MCA, is amended to read:
"50-1-202. General powers and duties. The department shall:
(1) shall study conditions affecting the citizens of the state by making use of birth, death, and sickness records;
(2) shall make investigations, disseminate information, and make recommendations for control of diseases and improvement of public health to persons, groups, or the public;
(3) at the request of the governor, shall administer any federal health program for which responsibilities are delegated to states;
(4) shall inspect and work in conjunction with custodial institutions and Montana university system units periodically as necessary and at other times on request of the governor;
(5) after each inspection made under subsection (4), shall submit a written report on sanitary conditions to the governor and to the director of the department of corrections or the commissioner of higher education and include recommendations for improvement in conditions if necessary;
(6) shall advise state agencies on location, drainage, water supply, disposal of excreta, heating, plumbing, sewer systems, and ventilation of public buildings;
(7) shall develop and administer activities for the protection and improvement of dental health and supervise dentists employed by the state, local boards of health, or schools;
(8) shall develop, adopt, and administer rules setting standards for participation in and operation of programs to protect the health of mothers and children, which rules may include programs for nutrition, family planning services, improved pregnancy outcome, and those authorized by Title X of the federal Public Health Service Act and Title V of the federal Social Security Act;
(9) shall conduct health education programs;
(10) shall provide consultation to school and local community health nurses in the performance of their duties;
(11) shall consult with the superintendent of public instruction on health measures for schools;
(12) shall develop, adopt, and administer rules setting standards for a program to provide services to children with disabilities, including standards for:
(a) diagnosis;
(b) medical, surgical, and corrective treatment;
(c) aftercare and related services; and
(d) eligibility;
(13) shall provide consultation to local boards of health;
(14) shall bring actions in court for the enforcement of the health laws and defend actions brought against the board or department;
(15) shall accept and expend federal funds available for public health services;
(16) must have the power to use personnel of local departments of health to assist in the administration of laws relating to public health;
(17) shall adopt rules imposing fees for the tests and services performed by the department's laboratory. Fees should reflect the actual costs of the tests or services provided. The department may not establish fees exceeding the costs incurred in performing tests and services. All fees must be deposited in the state special revenue fund for the use of the department in performing tests and services.
(18) shall adopt and enforce rules regarding the definition of communicable diseases and the reporting and control of communicable diseases;
(19) shall adopt and enforce rules regarding the transportation of dead human bodies;
(20) shall adopt and enforce rules and standards concerning the issuance of licenses to laboratories
that conduct analysis of public water supply systems; and
(21) shall adopt and enforce minimum sanitation requirements for tattooing as provided in 50-2-116, including regulation of premises, equipment, and methods of operation, solely oriented to the protection of public health and the prevention of communicable disease; and
(22) shall ADOPT RULES AND establish a comprehensive tobacco use prevention and control program as
provided in [section 6] LOCAL HEALTH AND PREVENTION GRANTS PROGRAM FOR GRANTS TO LOCAL
SCHOOLS, ENTITIES, ORGANIZATIONS, OR PROGRAMS FOR HEALTH AND PREVENTION PURPOSES,
INCLUDING BUT NOT LIMITED TO TOBACCO USE PREVENTION AND CONTROL AND OTHER HEALTH AND
PREVENTION ACTIVITIES."
NEW SECTION. Section 6. Codification instruction. [Sections 1 through 6 AND 2 THROUGH 3] are
intended to be codified as an integral part of Title 50, chapter 1, part 2, and the provisions of Title 50,
chapter 1, part 2, apply to [sections 1 through 6 AND 2 THROUGH 3].
NEW SECTION. Section 7. Coordination instruction. If [LC 449] is not passed and approved, then [SECTION 4] IS VOID AND [section 1] must read:
"NEW SECTION. Section 1. Tobacco claims recoveries -- investment and appropriation. (1) MONEY RECOVERED BY THE STATE OF MONTANA FROM JANUARY 1, 1999, THROUGH JUNE 30, 2000, FROM ANY JUDGMENT, SETTLEMENT, OR FINE RECEIVED AS A RESULT OF A CRIMINAL OR CIVIL CLAIM AGAINST A TOBACCO COMPANY RELATED TO THE PRODUCTION, MARKETING, OR USE OF TOBACCO PRODUCTS IS ALLOCATED AS FOLLOWS:
(A) ONE-HALF MUST BE ALLOCATED TO THE CREDIT OF AN ACCOUNT IN THE STATE SPECIAL REVENUE FUND FOR THE PURPOSE OF TAX RELIEF AS DETERMINED BY THE 57TH LEGISLATURE FOR THE 2003 BIENNIUM;
(A)(B) $20 $10 MILLION MUST BE DEPOSITED IN THE GENERAL FUND; AND
(B)(C) ANY REMAINING AMOUNT MUST BE ALLOCATED AS PROVIDED IN SUBSECTION (2). FOLLOWS:
(I) TO THE STATE AUDITOR TO BE DEPOSITED IN THE STATE SPECIAL REVENUE FUND TO THE CREDIT OF AN ACCOUNT ESTABLISHED BY THE STATE AUDITOR FOR THE MONTANA COMPREHENSIVE HEALTH ASSOCIATION, 3.4%;
(II) TO THE DEPARTMENT TO BE DEPOSITED IN THE STATE SPECIAL REVENUE FUND TO THE CREDIT OF AN ACCOUNT ESTABLISHED BY THE DEPARTMENT FOR HEALTH AND PREVENTION GRANTS TO LOCAL SCHOOLS, ENTITIES, ORGANIZATIONS, OR PROGRAMS FOR HEALTH AND PREVENTION PURPOSES, INCLUDING BUT NOT LIMITED TO TOBACCO USE PREVENTION AND CONTROL, 51%; AND
(III) TO THE FUND PROVIDED FOR IN [SECTION 2], 45.6%.
(1)(2) Money recovered by the state of Montana ON OR AFTER JULY 1, 2000, from any judgment,
settlement, or fine received as a result of a criminal or civil claim against a tobacco company related to
the production, marketing, or use of tobacco products is allocated FOR EACH PAYMENT RECEIVED as
follows:
(A) ONE-HALF MUST BE ALLOCATED TO THE CREDIT OF AN ACCOUNT IN THE STATE SPECIAL REVENUE FUND FOR THE PURPOSE OF TAX RELIEF AS DETERMINED BY THE NEXT LEGISLATURE FOR THE FOLLOWING BIENNIUM; AND
(B) THE REMAINDER MUST BE ALLOCATED AS FOLLOWS:
(a)(I) to the general fund of the state, 30% 40%, UP TO $12 $6 MILLION FOR EACH FISCAL YEAR;
(b)(II)(I) to the department to be deposited in the state special revenue fund to the credit of an account
established by the department for a comprehensive tobacco use prevention and control program, as
provided in [section 6], 35%; STATE AUDITOR FOR THE MONTANA COMPREHENSIVE HEALTH
ASSOCIATION, 3.4%, UP TO $1 MILLION $500,000 FOR EACH FISCAL YEAR;
(C)(III)(II) TO THE DEPARTMENT TO BE DEPOSITED IN THE STATE SPECIAL REVENUE FUND TO THE
CREDIT OF AN ACCOUNT ESTABLISHED BY THE DEPARTMENT FOR HEALTH AND PREVENTION GRANTS
TO LOCAL SCHOOLS, ENTITIES, ORGANIZATIONS, OR PROGRAMS FOR HEALTH AND PREVENTION
PURPOSES, INCLUDING BUT NOT LIMITED TO TOBACCO USE PREVENTION AND CONTROL, 36%, UP TO
$10.8 $5.4 46%, UP TO $6.9 MILLION FOR EACH FISCAL YEAR; AND
(c)(D)(IV)(III) to the future health and long-term care trust fund, 35% PROVIDED FOR IN [SECTION 2],
10% 30.6%, AND THE REMAINDER OF ANY PAYMENTS MADE IN A FISCAL YEAR AFTER THE AMOUNTS IN
SUBSECTIONS (2)(A) THROUGH (2)(C) SUBSECTION (2)(B) ARE SATISFIED.
(2)(3) Any funds appropriated to the department to fund the comprehensive tobacco use prevention and
control LOCAL HEALTH AND PREVENTION GRANTS program PROVIDED FOR IN SUBSECTION (2)
remaining unexpended at the end of each biennium must remain in the state special revenue fund account
for future use by the tobacco use prevention and control LOCAL HEALTH AND PREVENTION GRANTS
program.
(3)(4) Principal and net earnings remaining in the health and long-term care trust fund at the end of
each biennium do not revert to the general fund.
(5) IF THE FEDERAL GOVERNMENT REQUIRES THAT FUNDS FROM THE TOBACCO SETTLEMENT BE PAID
TO THE FEDERAL GOVERNMENT OR OTHERWISE RECOVERS MONEY FROM THE STATE OF MONTANA TO
COMPENSATE FOR FEDERAL PARTICIPATION IN MEDICAID COSTS, THE PAYMENT OR RECOVERY MUST
BE MADE FROM THE GENERAL FUND ALLOCATION SPECIFIED IN SUBSECTIONS (1)(A) SUBSECTION (1)(B)
IF RECOVERY IS DETERMINED PRIOR TO OR ON JUNE 30, 2000, AND IF RECOVERY IS DETERMINED ON OR
AFTER JULY 1, 2000, THE PAYMENT OR RECOVERY MUST BE MADE PROPORTIONATELY FROM THE
GENERAL FUND ALLOCATION SPECIFIED IN SUBSECTION (2)(A), THE STATE SPECIAL REVENUE FUND
LOCAL HEALTH AND PREVENTION GRANTS ACCOUNT ESTABLISHED IN SUBSECTION (2)(C) (2)(B)(II), AND
THE HEALTH AND LONG-TERM CARE TRUST FUND ACCOUNT ESTABLISHED IN SUBSECTION (2)(D)
[SECTION 2]."
NEW SECTION. Section 8. Effective dates DATE. (1) Except as provided in subsection (2), [this [THIS act]
is effective on passage and approval.
(2) [Section 4] is effective July 1, 2009.
NEW SECTION. Section 9. Retroactive applicability. [This act] applies retroactively, within the meaning of 1-2-109, to money recovered by the state of Montana on or after December 1, 1998, from any judgment, settlement, or fine that is received as a result of a criminal or civil claim against a tobacco company related to the production, marketing, or use of tobacco products.
NEW SECTION. Section 12. Termination. [Section 3] terminates June 30, 2009.
- END -
Latest Version of HB 131 (HB0131.03)
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