104896-104899

HEALTH AND SAFETY CODE
SECTION 104896-104899




104896.  (a) As used in this part, the following definitions shall
apply:
   (1) "Fund" means the Tobacco Settlement Fund.
   (2) "Master Settlement Agreement" means the settlement agreement
and related documents entered into on November 23, 1998, by the state
and leading United States tobacco product manufacturers.
   (3) "State's share of funds" means that portion of payments
received from the Master Settlement Agreement designated for use by
the state and shall not include those funds designated for
distribution to the counties or other local jurisdictions.
   (b) Nothing in this part is intended to limit expenditures for
programs to the amount provided by the fund.



104897.  (a) There is hereby established in the State Treasury the
Tobacco Settlement Fund.
   (b) In the 2001-02 fiscal year, four hundred one million nine
hundred ninety-two thousand dollars ($401,992,000) of the state's
share of funds received pursuant to the Master Settlement Agreement
shall be deposited in the fund.
   (c) Except as provided in Article 7 (commencing with Section
63049) of Chapter 2 of Division 1 of Title 6.7 of the Government
Code, commencing July 1, 2002, the total amount of the state's share
of moneys received pursuant to the Master Settlement Agreement shall
be deposited in the fund.



104898.  (a) Distribution of moneys from the fund shall be made by
annual appropriation of the Legislature consistent with the
requirements of this part.
   (b) Moneys appropriated from the fund shall be used for health
purposes, including all of the following:
   (1) Health care expansions in the Medi-Cal program, Healthy
Families Program, and other state programs.
   (2) Health care education and outreach, including, but not limited
to, efforts to help reduce the use of tobacco products.
   (3) Smoking cessation services.
   (4) Enforcement of tobacco-related statutes.
   (5) Expansions to primary care and other state-funded clinics that
serve low-income, uninsured, or underinsured Californians.



104898.5.  (a) Notwithstanding any other provision of law, there
shall be transferred annually from the General Fund to the Tobacco
Settlement Fund an amount, not to exceed one hundred million dollars
($100,000,000) out of funds not otherwise appropriated, as a loan to
cover appropriations from the fund when moneys from the Master
Settlement Agreement have not been received by the state.
   (b) This loan from the General Fund shall be repaid on or before
June 30 of each year, without interest, from the funds received
pursuant to the Master Settlement Agreement.



104899.  Revenue accruing to the Tobacco Settlement Fund pursuant to
this part shall be deemed revenue to the General Fund solely for the
purpose of certifications of General Fund revenue for purposes of
subdivision (e) of Section 12306.1 of the Welfare and Institutions
Code with respect to in-home supportive services program and Section
10754 of the Revenue and Taxation Code with respect to vehicle
license fees.