03/15/1999 01:39 PM Senate HES

                                                                                                                                
        HJR 12-NO FED. CLAIM ON STATE TOBACCO SETTLEMENT                                                                        
                              and                                                                                               
              SJR  7-TOBACCO LITIGATION SETTLEMENT                                                                              
                                                                                                                                
Number 013                                                                                                                      
                                                                                                                                
REPRESENTATIVE JOHN HARRIS, sponsor of HJR 12, explained that the                                                               
resolution asks that the federal government not take any of the                                                                 
monies allocated to the states in the tobacco settlement.  There is                                                             
concern that the President's budget includes some Medicaid money                                                                
previously allocated to states which could be withheld.  The                                                                    
resolution doesn't determine how the state will spend the money; it                                                             
strictly asks Congress to ensure that those states involved in the                                                              
litigation receive 100% of their entitlements.                                                                                  
                                                                                                                                
CHAIRMAN MILLER asked if anyone from Senator Ward's office was                                                                  
present to testify on SJR 7.  No one came forward, and he stated                                                                
that no one else had signed up to testify on the legislation.                                                                   
                                                                                                                                
CHAIRMAN MILLER asserted that the Department of Law supports the                                                                
legislation, and he received a nod of agreement from a department                                                               
representative.  He explained that the two joint resolutions are                                                                
identical in wording, and the tradition of the Legislature has been                                                             
to move forward the vehicle passing the other body.  In this case,                                                              
the House Joint Resolution passed into the Senate before the Senate                                                             
Joint Resolution passed into the House.  Traditionally, therefore,                                                              
the House vehicle should move forward, but CHAIRMAN MILLER would                                                                
leave it to the will of the committee.                                                                                          
                                                                                                                                
Number 059                                                                                                                      
                                                                                                                                
SENATOR ELTON brought up that the department voiced a preference                                                                
for the House version in their testimony last week.  For that                                                                   
reason and the protocols involved, he suggested the committee pass                                                              
the House Joint Resolution.                                                                                                     
                                                                                                                                
CHAIRMAN MILLER agreed, but he said they are now identical word-                                                                
for-word with Senator Ward's new sponsor substitute.                                                                            
                                                                                                                                
SENATOR ELTON moved CSHJR 12(FIN).  Hearing no objection, it passed                                                             
from the committee with individual recommendations.