PRINTER'S NO. 2925
No. 2232 Session of 2000
INTRODUCED BY VEON, COY, THOMAS, HARHAI, CAPPABIANCA, BUXTON,
MANDERINO, BELARDI, BATTISTO, MANN, JOSEPHS, LUCYK, MUNDY,
GORDNER, SANTONI, STABACK, GRUCELA, GEORGE, SURRA, TANGRETTI,
GIGLIOTTI, WALKO, FRANKEL, M. COHEN, YOUNGBLOOD, GEIST,
STURLA, VAN HORNE, STEELMAN, LAUGHLIN, DeLUCA, LEVDANSKY,
BEBKO-JONES, COSTA, LESCOVITZ, ROONEY, SAINATO, MYERS AND
RAMOS, FEBRUARY 7, 2000
REFERRED TO COMMITTEE ON APPROPRIATIONS, FEBRUARY 7, 2000
AN ACT
1 Establishing the Tobacco Settlement Fund for moneys received by
2 the Commonwealth from resolution of certain matters; and
3 establishing the Tobacco Settlement Policy Council.
4 The General Assembly finds and declares as follows:
5 (1) There are and will be funds available to the
6 Commonwealth due to settlement of litigation and
7 administrative proceedings brought against the tobacco
8 industry.
9 (2) Under the terms and conditions of the documents or
10 orders controlling that settlement, moneys are to be
11 distributed to the states.
12 (3) Such moneys are public funds and are subject to
13 appropriation by the General Assembly.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Short title.
1 This act shall be known and may be cited as the Tobacco
2 Settlement Act.
3 Section 2. Definitions.
4 The following words and phrases when used in this act shall
5 have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Council." The Tobacco Settlement Policy Council established
8 in section 4.
9 "Fund." The Tobacco Settlement Fund established in section
10 3.
11 "Implementing legislation." Legislation enacted in accordance
12 with the provisions of the Constitution of Pennsylvania
13 authorizing the creation of programs and the authorization of
14 expenditures from the Tobacco Settlement Fund. This term shall
15 not include spending authorizations included in an
16 appropriations act.
17 "Tobacco Settlement." The master settlement agreement
18 entered into by representatives of the states, including the
19 Commonwealth of Pennsylvania, and the major tobacco companies on
20 November 23, 1998.
21 Section 3. Establishment of Tobacco Settlement Fund.
22 The Tobacco Settlement Fund is hereby established in the
23 State Treasury. All moneys made available to the Commonwealth
24 after January 1, 1999, due to the tobacco settlement shall be
25 credited to this fund and shall be subject to the provisions of
26 the act of June 29, 1976 (P.L.469, No.117), entitled "An act
27 relating to the fiscal affairs of the Commonwealth concerning
28 duties of the Governor, the Secretary of Revenue and the Budget
29 Secretary, with respect to the submission of and signing the
30 budget for any fiscal year; and, after a budget is enacted,
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1 regulating the issuance of warrants by the State Treasurer for
2 certain requisitioned funds and imposing duties on persons
3 authorized by law to issue requisitions for the payment of
4 moneys from the State Treasury; and prescribing that Federal
5 funds received by the Commonwealth shall be deposited in the
6 General Fund account with certain exceptions." Interest earned
7 by investment of moneys in this fund by the Treasury Department
8 shall also be credited by the Treasury Department to this fund.
9 No funds may be expended from this fund except by annual
10 appropriation by the General Assembly.
11 Section 4. Tobacco Settlement Policy Council.
12 (a) Establishment.--A Tobacco Settlement Policy Council is
13 hereby established and shall advise the Governor and the General
14 Assembly on matters of policy related to the development and
15 implementation of programs for the expenditure of moneys in the
16 Tobacco Settlement Fund.
17 (b) Membership.--The council shall consist of the following
18 members:
19 (1) The Secretary of Health.
20 (2) The Physician General.
21 (3) One member of the Senate appointed by the Majority
22 Leader of the Senate.
23 (4) One member of the Senate appointed by the Minority
24 Leader of the Senate.
25 (5) One member of the House of Representatives appointed
26 by the Majority Leader of the House of Representatives.
27 (6) One member of the House of Representatives appointed
28 by the Minority Leader of the House of Representatives.
29 (7) Three public members appointed by the Governor.
30 (8) One representative of hospitals and health systems
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1 appointed by the Minority Leader of the House of
2 Representatives.
3 (9) One representative of the medical community
4 appointed by the Minority Leader of the Senate.
5 (10) One representative of the medical research
6 community appointed by the Majority Leader of the House of
7 Representatives.
8 (11) One representative of private charitable
9 foundations appointed by the Majority Leader of the Senate.
10 (c) Development of Statewide plan.--Within six months of the
11 effective date of this act, the council shall develop a detailed
12 plan for the expenditure of the moneys in the fund. The council
13 shall make recommendations on legislation and appropriation
14 authorizations to the Governor and the General Assembly.
15 Annually, the council shall review expenditures from the fund
16 and make appropriate recommendations to the Governor and the
17 General Assembly.
18 (d) Annual report to General Assembly.--The council shall
19 submit an annual report to the General Assembly on or before
20 September 30 of each year summarizing and evaluating the
21 expenditure of funds under this section during the previous
22 State fiscal year.
23 (e) Inclusion in Governor's budget request.--The Governor
24 shall include the recommendations of the council in his annual
25 budget request to the General Assembly.
26 Section 5. Bar on appropriation.
27 No funds may be dispersed from this fund except upon
28 appropriations made in accordance with law.
29 Section 6. Effective date.
30 This act shall take effect immediately.
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