ENROLLED
H. B. 3031
(By Leach, Compton, Ashley, Thompson, Fleischauer, Laird and Miller)
[Passed March 13, 1999; in effect from passage.]
AN ACT to amend chapter four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eleven-a, all
relating to appropriations of tobacco settlement money;
creating two funds for the deposit of tobacco settlement
moneys; authorizing the expenditure of the interest from the
West Virginia tobacco settlement medical trust fund;
authorizing certain expenditures from the "Tobacco Settlement
Fund" only upon legislative appropriation.
Be it enacted by the Legislature of West Virginia:
That chapter four of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article eleven-a, to read as follows:
ARTICLE 11A. LEGISLATIVE APPROPRIATION OF TOBACCO SETTLEMENT FUNDS.
§4-11A-1. Legislative findings and purpose.
(a) On the twenty-third day of November, one thousand nine
hundred ninety-eight, tobacco product manufacturers entered into a
settlement agreement with the state. This "master settlement
agreement" releases those manufacturers from past, present and
specific future claims against them in return for payment of annual
sums of money to the state, obligates the manufacturers to change
their advertising and marketing practices, and requires the
establishment by the manufacturers of a national foundation for the
interests of public health.
(b) The revenues received pursuant to the master settlement
agreement are directly related to the past, present and future
costs incurred by the state for the treatment of tobacco related
illnesses. The purpose of this article is to preserve the revenues
received from the settlement.
(c) The receipt of funds in accordance with the master
settlement agreement shall be deposited only in accordance with the
provisions of this article.
§4-11A-2. Receipt of settlement funds and required deposit in West
Virginia tobacco settlement medical trust fund.
(a) The Legislature finds and declares that certain dedicated
revenues should be preserved in trust for the purpose of
stabilizing the states health related programs and delivery
systems. It further finds and declares that these dedicated
revenues should also be preserved in trust for the purpose of
educating the public about the health risks associated with tobacco usage and for the establishment of a program designed to reduce and
stop the use of tobacco by the citizens of this state and in
particular by teenagers.
(b) There is hereby created a special account in the state
treasury, designated the "West Virginia Tobacco Settlement Medical
Trust Fund", which shall be an interest-bearing account and may be
invested in the manner permitted by section nine, article six,
chapter twelve of this code, with the interest income a proper
credit to the fund. Unless contrary to federal law, fifty percent
of all revenues received pursuant to the master settlement
agreement shall be deposited in this fund. Funds paid into the
account may also be derived from the following sources:
(1) All interest or return on investment accruing to the fund;
(2) Any gifts, grants, bequests, transfers or donations which
may be received from any governmental entity or unit or any person,
firm, foundation or corporation; and
(3) Any appropriations by the Legislature which may be made
for this purpose.
(c) The moneys from the principal in the trust fund may not be
expended for any purpose. The moneys in the trust fund resulting
from interest earned on the moneys in the fund and the return on
investments of the moneys in the fund shall be available only upon
appropriation by the Legislature as part of the state budget and
expended in accordance with the provisions of section three of this
article.
§4-11A-3. Receipt of settlement funds and required deposit in the
West Virginia tobacco settlement fund.
(a) There is hereby created in the state treasury a special
revenue account, designated the "Tobacco Settlement Fund", which
shall be an interest bearing account and may be invested in the
manner permitted by the provisions of article six, chapter twelve
of this code, with the interest income a proper credit to the fund.
Unless contrary to federal law, fifty percent of all revenues
received pursuant to the master settlement agreement shall be
deposited in this fund. These funds shall be available only upon
appropriation by the Legislature as part of the state budget:
Provided, That for the fiscal year two thousand, the first five
million dollars received into the fund shall be transferred to the
public employees insurance reserve fund created in article two,
chapter five-a of this code.
(b) Appropriations from the tobacco settlement fund are
limited to expenditures for the following purposes:
(1) Reserve funds for continued support of the programs
offered by the public employees insurance agency established in
article sixteen, chapter five of this code;
(2) Funding for expansion of the federal-state medicaid
program as authorized by the Legislature or mandated by the federal
government;
(3) Funding for public health programs, services and agencies;
and
(4) Funding for any state owned or operated health facilities.
(c) Notwithstanding the provisions of section two, article
two, chapter twelve of this code, moneys within the tobacco
settlement trust fund may not be redesignated for any purpose other
than those set forth in this section.
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