1999 Legislation
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SENATE CONCURRENT RESOLUTION NO. 139 – Tobacco settlement funds, use


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Daily Data Tracking History

SCR139...........................................................by FINANCE
TOBACCO SETTLEMENT FUNDS - Stating findings of the Legislature and
requesting Congress to enact legislation prohibiting the federal Department
of Health and Human Services from recouping the tobacco settlement funds as
third-party recoveries under Medicaid law.

03/17    Senate intro - 1st rdg - to printing
03/18    Rpt prt - to 10th Ord
03/18    10th ord - ADOPTED - voice vote
    Title apvd - to House
03/18    House intro - 1st rdg - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
    Rules susp - ADOPTED - 59-0-11
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
      Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
      Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Mader, Marley,
      McKague, Meyer(Duncan), Montgomery, Moyle, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Stevenson,
      Stoicheff, Stone, Taylor, Tippets, Wheeler, Wood, Zimmermann,
      Mr Speaker
      NAYS -- None
    Absent and excused -- Barrett, Ellsworth, Limbaugh, Linford, Mortensen,
Pischner, Smylie, Tilman, Trail, Watson, Williams
    Title apvd - to Senate
03/22    To enrol - rpt enrol - Pres signed - Sp signed
03/23    To Secretary of State

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                           SENATE CONCURRENT RESOLUTION NO. 139

                                   BY FINANCE COMMITTEE

 1                               A CONCURRENT RESOLUTION

 4    Be It Resolved by the Legislature of the State of Idaho:

 5        WHEREAS, in November 1998, forty-six states agreed to a  historic  settle-
 6    ment  with  the  tobacco  industry ending a four-year battle with the industry
 7    over treatment costs the states have incurred for  smoking-related  illnesses;
 8    and
 9        WHEREAS,  the forty-six states could receive up to $196,000,000,000 over a
10    twenty-five year period, with the funding designated for the state of Idaho to
11    be $711,700,479 over the next twenty-five years; and
12        WHEREAS, because the Master Settlement  Agreement  does  not  restrict  or
13    earmark  use of the money that will be received under the settlement, the gen-
14    eral belief is that the funds may be appropriated according to state law; and
15        WHEREAS, the federal Department of Health and Human Services contends that
16    existing Medicaid law (Sec.  1903(d),  Social  Security  Act)  compels  it  to
17    recover its share of third-party payments collected by the states on behalf of
18    Medicaid  clients,  and  argues that state tobacco settlement funds are third-
19    party recoveries under the provisions of the Medicaid statute.
20        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
21    of the Fifty-fifth Idaho Legislature, the Senate and the House of  Representa-
22    tives  concurring  therein,  that  the Idaho Legislature respectfully requests
23    that the Congress of the United States and the Clinton  Administration  recog-
24    nize  state  interests  and  enact legislation that would prohibit the federal
25    Department of Health and Human Services from recouping the tobacco  settlement
26    funds  as third-party recoveries under Medicaid law; and furthermore, that the
27    Idaho Legislature  supports  any  proposed  federal  legislation  to  prohibit
28    recoupment  of the tobacco settlement funds, or the imposition of any restric-
29    tions on how the money can be spent by any branch of the federal government.
30        BE IT FURTHER RESOLVED that copies of this resolution shall be sent to the
31    Honorable Larry Craig and the Honorable Mike Crapo,  U.S.  Senators,  and  the
32    Honorable  Helen Chenoweth and the Honorable Michael Simpson, U.S. Representa-
33    tives, members of the Idaho delegation to the Congress of the United States.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE
                           RS 09214
 The purpose of this concurrent resolution is to
 communicate to the U.S. Congress and the President of the
 United States the concern of the Idaho Legislature with
 federal proposals to use the state tobacco settlement
 funds for purposes in which the state has no say.
 It was because of the efforts that the states put forth
 through their respective state Attorneys General that this
 settlement was reached with tobacco companies, and not
 through federal efforts.
 This resolution asks that our federal elected officials
 stop efforts to recoup these settlement funds, and make no
 attempt to put restrictions on how the states can spend
 the money. These are considered state funds and should be
 left to the discretion, and subject to the authority of
 state appropriations through the Idaho Legislature.
                         FISCAL NOTE
 CONTACT: Senator Dean Cameron 332-1358