§ 17-6-606 — Tobacco Settlement Accounts -- Purpose -- Uses

17-6-606 . Tobacco settlement accounts -- purpose -- uses. (1) The purpose of this section is to dedicate a portion of the tobacco settlement proceeds to fund statewide programs for tobacco disease prevention and other health and support services designed to:
(a) discourage children from starting use of tobacco;
(b) assist adults in quitting use of tobacco;
(c) provide funds for the children's health insurance program; and
(d) provide assistance to children and adults who are aged, blind, or disabled.
(2) An amount equal to 32% of the total yearly tobacco settlement proceeds received after June 30, 2003, must be deposited in a state special revenue account. Subject to subsection (5), the funds referred to in this subsection may be used only for funding statewide programs for tobacco disease prevention designed to prevent children from starting tobacco use and to help adults who want to quit tobacco use. The department of public health and human services shall manage the tobacco disease prevention programs and shall adopt rules to implement the programs. In adopting rules, the department shall consider the standards contained in Best Practices for Comprehensive Tobacco Control Programs--August 1999 or its successor document, published by the U.S. department of health and human services, centers for disease control and prevention.
(3) An amount equal to 17% of the total yearly tobacco settlement proceeds received after June 30, 2003, must be deposited in a state special revenue account. Subject to subsection (5), the funds referred to in this subsection may be used only:
(a) for matching funds to secure the maximum amount of federal funds for:
(i) the Children's Health Insurance Program Act provided for in Title 53, chapter 4, part 10;
(ii) home visiting through the maternal, infant, and early childhood program established in 42 U.S.C. 711 or Title IV-E prevention services;
(iii) the medicaid section 1115 waiver 0148.R07.00 for Montana residents who are elderly or physically disabled; and
(iv) the medicaid section 1115 waiver 0208.R07.00 to provide home and community-based services for individuals with developmental disabilities; and
(b) to fund services for infants and toddlers with disabilities provided for in 34 CFR 303.13 and through the department of public health and human services' family education support program.
(4) Funds deposited in a state special revenue account, as provided in subsection (2) or (3), that are not appropriated within 2 years after the date of deposit must be transferred to the trust fund.
(5) The legislature shall appropriate money from the state special revenue accounts provided for in this section for programs for tobacco disease prevention and for the programs referred to in the subsection establishing the account.
(6) Programs funded under this section that are private in nature may be funded through contracted services.

Legislative History

En. Sec. 2, I.M. No. 146, approved Nov. 5, 2002; amd. Sec. 1, Ch. 608, L. 2003; amd. Sec. 2, Ch. 283, L. 2007; amd. Sec. 10, Ch. 486, L. 2009; amd. Sec. 2, Ch. 63, L. 2015; amd. Sec. 1, Ch. 198, L. 2025; amd. Sec. 1, Ch. 496, L. 2025.