Session of 2000
HOUSE BILL No. 2609 By Representative Myers (By Request) 1-10

10 AN ACT concerning the disposition of tobacco litigation settlement pro-
11 ceeds; creating the Kansas senior health and in-home care fund; pre-
12 scribing certain powers, duties and functions; amending K.S.A. 1999
13 Supp. 38-2101 and repealing the existing section.
14
15 Be it enacted by the Legislature of the State of Kansas:
16 New Section 1. (a) There is hereby established in the state treasury
17 the Kansas senior health and in-home care fund which shall be admin-
18 istered by the secretary of aging.
19 (b) Not less than 30% of all of the tobacco litigation settlement mon-
20 eys received during each fiscal year shall be deposited in the state treasury
21 and credited to the Kansas senior health and in-home care fund. The
22 specific percentage shall be specified annually by appropriation act. All
23 moneys credited to the Kansas senior health and in-home care fund shall
24 be used for additional funding for senior health care programs, assistance
25 and services, in-home services under the Kansas senior care act, assistance
26 and services under the home and community-based services for the frail
27 elderly (HCBS-FE) program, and assistance and services under the in-
28 come eligible state program of the department on aging for persons not
29 yet certified as eligible for the HCBS-FE program. Moneys allocated or
30 appropriated from the Kansas senior health and in-home care fund shall
31 not be used to replace or substitute for moneys appropriated from the
32 state general fund in the immediately preceding fiscal year. All expendi-
33 tures from the Kansas senior health and in-home care fund shall be made
34 in accordance with appropriation acts upon warrants of the director of
35 accounts and reports issued pursuant to vouchers approved by the sec-
36 retary of aging or by the secretary's designee.
37 (c) On or before the 10th day of each month, the director of accounts
38 and reports shall transfer from the state general fund to the Kansas senior
39 health and in-home care fund interest earnings based on (1) the average
40 daily balance of moneys in the Kansas senior health and in-home care
41 fund and (2) the net earnings rate of the pooled money investment port-
42 folio for the preceding month.
43 (d) As used in this section, "tobacco litigation settlement moneys"

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1 means all moneys received by the state pursuant to the tobacco litigation
2 settlement agreements entered into by the attorney general on behalf of
3 the state of Kansas, or pursuant to any judgment rendered, regarding the
4 litigation against tobacco industry companies and related entities.
5 Sec. 2. K.S.A. 1999 Supp. 38-2101 is hereby amended to read as
6 follows: 38-2101. (a) There is hereby established in the state treasury the
7 Kansas endowment for youth fund which shall constitute a trust fund and
8 shall be invested, managed and administered in accordance with the pro-
9 visions of this act by the board of trustees of the Kansas public employees
10 retirement system established by K.S.A. 74-4905 and amendments
11 thereto.
12 (b) All of the moneys received during each fiscal year by the state
13 pursuant to the tobacco litigation settlement agreements entered into by
14 the attorney general on behalf of the state of Kansas, or pursuant to any
15 judgment rendered, regarding the litigation against tobacco industry com-
16 panies and related entities, less the portion of such moneys that are re-
17 quired to be credited to the Kansas senior health and in-home care fund
18 pursuant to section 1 and amendments thereto, shall be deposited in the
19 state treasury and credited to the Kansas endowment for youth fund. All
20 such moneys credited to the Kansas endowment for youth fund shall con-
21 stitute an endowment which shall remain credited to the Kansas endow-
22 ment for youth fund except as provided in this section or in K.S.A. 1999
23 Supp. 38-2102 and amendments thereto for transfers to the children's
24 initiatives fund. Expenditures may be made from the Kansas endowment
25 for youth fund for the payment of the operating expenses of the Kansas
26 children's cabinet and the board of trustees, including the expenses of
27 investing and managing the moneys, which are attributable to the Kansas
28 endowment for youth fund. All moneys credited to the Kansas endow-
29 ment for youth fund shall be invested to provide an ongoing source of
30 investment earnings available for periodic transfer to the children's ini-
31 tiatives fund in accordance with this act. All expenditures from the Kansas
32 endowment for youth fund shall be made in accordance with appropria-
33 tion acts upon warrants of the director of accounts and reports issued
34 pursuant to vouchers approved by the chairperson of the board of trustees
35 of the Kansas public employees retirement system or by the chairperson's
36 designee.
37 (c) On the effective date of this act, the director of accounts and
38 reports shall transfer all moneys credited to the children's health care
39 programs fund to the Kansas endowment for youth fund and the chil-
40 dren's health care programs fund is hereby abolished. On and after July
41 1, 1999, whenever the children's health care programs fund, or words of
42 like effect, is referred to or designated by statute, contract or other doc-
43 ument, such reference or designation shall be deemed to apply to the

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1 Kansas endowment for youth fund.
2 Sec. 3. K.S.A. 1999 Supp. 38-2101 is hereby repealed.
3 Sec. 4. This act shall take effect and be in force from and after its
4 publication in the statute book.