House Amendments to Senate Bill No. 2777

 

TO THE SECRETARY OF THE SENATE:

 

  THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:

 

 

AMENDMENT NO. 1

 

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 


     SECTION 1.  Section 43-13-407, Mississippi Code of 1972, is amended as follows:

     43-13-407.  (1)  In accordance with the purposes of this article, there is established in the State Treasury the Health Care Expendable Fund, into which shall be transferred from the Health Care Trust Fund the following sums:

          (a)  In fiscal year 2005, Four Hundred Fifty-six Million Dollars ($456,000,000.00);

          (b)  In fiscal year 2006, One Hundred Eighty-six Million Dollars ($186,000,000.00);

          (c)  In fiscal year 2007, One Hundred Forty-six Million Dollars ($146,000,000.00);

          (d)  In fiscal year 2008, One Hundred Six Million Dollars ($106,000,000.00);

          (e)  In fiscal year 2009, Sixty-six Million Dollars ($66,000,000.00);

          (f)  In fiscal year 2010 and each fiscal year thereafter, a sum equal to the average annual amount of the dividends, interest and other income, including increases in value of the principal, earned on the funds in the Health Care Trust Fund during the preceding four (4) fiscal years.

     (2)  In any fiscal year in which interest, dividends and other income from the investment of the funds in the Health Care Trust Fund are not sufficient to fund the full amount of the annual transfer into the Health Care Expendable Fund as required in subsection (1)(f) of this section, the State Treasurer shall transfer from tobacco settlement installment payments an amount that is sufficient to fully fund the amount of the annual transfer.

     (3)  On March 6, 2002, the State Treasurer shall transfer the sum of Eighty-seven Million Dollars ($87,000,000.00) from the Health Care Trust Fund into the Health Care Expendable Fund.  In addition, at the time the State of Mississippi receives thetobacco settlement installment payments for each of the calendar years 2002 and 2003, the State Treasurer shall deposit the full amount of each of those installment payments into the Health Care Expendable Fund.

     (4)  The total sum of Two Hundred Forty Million Dollars ($240,000,000.00) plus interest at the rate of five percent (5%) per annum shall be transferred into the Health Care Trust Fund from the State General Fund during fiscal years 2009 through 2016 to repay the trust fund for Two Hundred Forty Million Dollars ($240,000,000.00) of the total sum that is transferred from the trust fund to the Health Care Expendable Fund during fiscal year 2005 under subsection (1)(a) of this section.  The repayment shall be made according to the following schedule:  During each of fiscal years 2009 through 2015, the State Fiscal Officer shall transfer from the General Fund to the Health Care Trust Fund the sum of Thirty-eight Million Dollars ($38,000,000.00), and during fiscal year 2016 the State Fiscal Officer shall transfer from the State General Fund to the Health Care Trust Fund a sum in the amount certified by the State Treasurer as necessary to fully repay the balance of the Two Hundred Forty Million Dollars ($240,000,000.00) plus interest at the rate of five percent (5%) per annum.

     (5)  All income from the investment of the funds in the Health Care Expendable Fund shall be credited to the account of the Health Care Expendable Fund.  Any funds in the Health Care Expendable Fund at the end of a fiscal year shall not lapse into the State General Fund.

     (6)  The funds in the Health Care Expendable Fund shall be available for expenditure under specific appropriation by the Legislature beginning in fiscal year 2000, and shall be expended exclusively for health care purposes.

     (7)  In addition to the transfers made to the Health Care Expendable Fund under subsection (1) of this section, during fiscal year 2008 and each fiscal year thereafter, the sum of Twenty Million Dollars ($20,000,000.00) shall be transferred from the Health Care Trust Fund to the Tobacco Control Commission Fund established in Section 2 of this act.

     (8)  The provisions of subsection (1) of this section may not be changed in any manner except upon amendment to that subsection by a bill enacted by the Legislature with a vote of not less than three-fifths (3/5) of the members of each house present and voting.

     (9)  Subsections (1), (2), (5) and (6) of this section shall stand repealed on July 1, 2009.

     SECTION 2.  (1)  There is established in the State Treasury a special fund to be known as the Tobacco Control Commission Fund, which shall be comprised of the funds transferred from the Health Care Trust Fund under Section 43-13-407(7) and any other funds that are authorized or required to be deposited into the special fund.

     (2)  The Legislature shall annually appropriate the funds in the special fund to the Mississippi Tobacco Control Commission, which shall expend the funds solely for the purposes specified in Sections 13 through 17 of Senate Bill No. 2764, 2007 Regular Session.  None of the funds in the special fund may be transferred to any other fund or appropriated or expended for any other purpose.

     (3)  All income from the investment of the funds in the special fund shall be credited to the account of the special fund.  Any funds in the special fund at the end of a fiscal year shall not lapse into the State General Fund.

     SECTION 3.  During fiscal year 2008, the State Fiscal Officer shall transfer to the Budget Contingency Fund created in Section 27-103-301 from the State General Fund an amount equal to Thirty-seven Million Two Hundred Forty Thousand Dollars ($37,240,000.00).

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2007.


     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 


     AN ACT TO AMEND SECTION 43-13-407, MISSISSIPPI CODE OF 1972, TO REVISE THE SCHEDULE FOR REPAYMENT OF THE HEALTH CARE TRUST FUND FOR A CERTAIN AMOUNT THAT WAS TRANSFERRED TO THE HEALTH CARE EXPENDABLE FUND DURING FISCAL YEAR 2005; TO PROVIDE FOR AN ANNUAL TRANSFER OF $20,000,000.00 FROM THE HEALTH CARE TRUST FUND INTO THE TOBACCO CONTROL COMMISSION FUND; TO ESTABLISH IN THE STATE TREASURY A SPECIAL FUND TO BE KNOWN AS THE TOBACCO CONTROL COMMISSION FUND; TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER A CERTAIN AMOUNT TO THE BUDGET CONTINGENCY FUND FROM THE STATE GENERAL FUND DURING FISCAL YEAR 2008; AND FOR RELATED PURPOSES.


 

HR03\SB2777A.J

 

                                                  Don Richardson

                           Clerk of the House of Representatives