H. B. 3031
(By Leach, Compton, Ashley, Thompson, Fleischauer, Laird and
Miller)
(Originating in the Committee on Finance)
[March 3, 1999]
A BILL 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 a trust fund for the deposit of tobacco settlement
moneys; and authorizing certain expenditures 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 and 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 Legislature finds and declares that certain
dedicated revenues should be preserved in trust for the purpose
of stabilizing the state's health related programs and delivery
systems.
(c) 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.
§4-11A-2. Receipt of settlement funds and required deposit in
state treasury.
Unless contrary to federal law, all revenues received
pursuant to the master settlement agreement shall be deposited in
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. 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.
§4-11A-3.Authorized appropriations.
(a) 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.
(b) Notwithstanding the provision 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.