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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
SCR139|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE CONCURRENT RESOLUTION NO. 139 BY FINANCE COMMITTEE 1 A CONCURRENT RESOLUTION 2 RELATING TO PROHIBITING FEDERAL CLAIMS AGAINST FUNDS OBTAINED BY SETTLEMENT OF 3 TOBACCO LITIGATION. 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
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
None.
CONTACT: Senator Dean Cameron 332-1358
STATEMENT OF PURPOSE/FISCAL NOTE SCR139