March 27,
2006
TO THE MISSISSIPPI HOUSE OF REPRESENTATIVES:
GOVERNOR'S VETO MESSAGE FOR HOUSE BILL 1115
I am returning House Bill 1115: "AN ACT TO AMEND
SECTION 43-13-403, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS IN THE
HEALTH CARE TRUST FUND LAW; TO AMEND SECTION 43-13-405, MISSISSIPPI CODE OF
1972, TO PROVIDE THAT ALL TOBACCO SETTLEMENT INSTALLMENT PAYMENTS MADE TO THE
STATE SHALL BE DEPOSITED INTO THE HEALTH CARE TRUST FUND, INCLUDING ANY
SETTLEMENT PAYMENTS MADE UNDER COURT ORDER FOR TOBACCO CESSATION PROGRAMS,
EXCEPT AS OTHERWISE PROVIDED IN THIS ACT; TO EXTEND THE DATE OF THE REPEALER ON
THAT SECTION; TO AMEND SECTION 43-13-407, MISSISSIPPI CODE OF 1972, TO DIRECT
THE LEGISLATURE TO APPROPRIATE A CERTAIN SUM ANNUALLY FROM THE TOBACCO SETTLEMENT
PAYMENTS TO THE PARTNERSHIP FOR A HEALTHY MISSISSIPPI TO FUND A COMPREHENSIVE
STATEWIDE TOBACCO EDUCATION AND PREVENTION PROGRAM; TO SPECIFY THE MINIMUM
COMPONENTS OF THE PROGRAM; TO EXTEND THE DATE OF THE REPEALER ON THAT SECTION;
TO AMEND SECTION 43-13-409, MISSISSIPPI CODE OF 1972, TO EXPAND THE MEMBERSHIP
OF THE BOARD OF DIRECTORS OF THE HEALTH CARE TRUST FUND; TO PROVIDE THAT THE
BOARD SHALL REVIEW THE EXPENDITURES AND OUTCOMES OF THE PARTNERSHIP FOR A
HEALTHY MISSISSIPPI; TO REQUIRE THE PARTNERSHIP TO PREPARE AN ANNUAL REPORT FOR
THE BOARD; AND FOR RELATED PURPOSES" without my approval, and assign the
following reasons for my veto.
After full consideration, I am vetoing House Bill 1115,
which would require the Legislature to give in perpetuity $20,000,000 a year,
increased annually for inflation, of state funds received under the 1997
tobacco settlement to a private non-profit corporation, the Partnership for a
Healthy Mississippi. This legislation
represents a flawed approach to the worthy goal of stopping teenage smoking.
From its
inception, the Partnership for a Healthy Mississippi has been cloaked in
politics and cronyism. In 2000, a
Jackson County Chancery Court judge gave the Partnership $20 million a year off
the top of tobacco lawsuit proceeds without any motion being filed, without any
notice to the parties involved and without even holding a hearing – all
contrary to accepted rules of court procedure.
On November
6, 2003, the Legislature's Committee on Performance Evaluation and Expenditure
Review (PEER) found the 2000 court order granting state money to the
Partnership was not in accordance with the law and recommended the Attorney
General seek to overturn the Chancery Court's order. Neither Attorney General Moore nor Attorney General Hood has
followed this counsel.
Therefore,
I joined the Division of Medicaid and the State Treasurer, who acted on behalf
of the Health Care Trust Fund, in taking legal action to end the
unconstitutional diversion of public funds to this private organization. A court has put this year's diversion of
another $20 million on hold until the lawsuit can be heard. The proponents of this legislation claim
House Bill 1115 will end the concerns about the Partnership and its use of
taxpayer dollars. I disagree. Many questions still remain.
First, the Partnership has received approximately $100
million over the past five years (an annual amount twice as much as Mississippi
spends fighting the scourge of illegal drugs), and there has never been an
accounting given to the Legislature, the Governor, the Health Care Trust Fund
Board, or the taxpayers of how the Partnership has spent this $100
million. While it is claimed that the
Partnership is audited, no certified audit of the Partnership's use of the
state's money has ever been provided.
Second, there is no mechanism in House Bill 1115 to prevent
the waste and abuse of taxpayer dollars by the Partnership. For example, the Partnership spent $20,000
on a newspaper ad that ran in newspapers across the state that had nothing to
do with keeping youth from smoking.
Instead, it was an ad praising former Attorney General Mike Moore for
winning an award. In addition, the
Partnership has awarded monetary grants which are tinged with politics such as
the $2.9 million given by the Partnership to the Legislative Black Caucus'
foundation. These actions raise the
question in many people's minds of whether the Partnership's priorities are
more focused on politics than on stopping kids from smoking.
Competing for funds in the annual appropriations process
holds state agencies accountable to the Legislature in how they spend taxpayer
dollars. Under House Bill 1115, the
Partnership's $20 million annual appropriation is perpetual, year after year,
as if on auto-pilot, plus inflation.
There are no perpetual appropriations in Mississippi government for any
department or agency. Further, under
House Bill 1115, the Partnership would not be subject to the State Personnel
Board or the public bid laws. No other
state agency receives such a sweetheart deal, and as long as I'm Governor, they
won't.
There is also uncertainty about the constitutionality of how
House Bill 1115 passed the Legislature.
The bill requires the Legislature to appropriate $20,000,000 in
perpetuity. This is an attempt to
unconstitutionally appropriate money beyond the upcoming fiscal year which the
Mississippi Constitution prohibits. In
addition, this legislation makes a donation to a private entity, which requires
a 2/3 vote of the Legislature under the constitution. House Bill 1115 did not pass either House of the Legislature by
that margin.
The bottom line is that Mississippi's taxpayers should not
have to rely on an unaccountable private organization like the Partnership for
a Healthy Mississippi to fight youth smoking.
Mississippi needs a new, comprehensive approach to fighting tobacco, and
the diseases it causes, which builds on the things the Partnership has done
well, but includes oversight to prevent the waste, abuse, and politicizing of
public health efforts.
I have proposed a constitutional and comprehensive program
to reduce youth smoking and to fight the scourge of illegal drugs, while
improving health care not only for our school children but for all
Mississippians. I have asked the
Legislature to appropriate the previously diverted $20 million out of the
Health Care Expendable Fund through the annual appropriations process to expand
the school nurse Program; to maintain anti-tobacco education and advertising;
to expand cancer research, screening, education, and treatment; and to increase
the state's support for the fight against drugs.
For these
reasons, I urge the members to reject House Bill 1115 and sustain the veto.
Respectfully submitted,
Haley Barbour
Governor