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Utah Senate approves resolution on tobacco settlement, debates spending constraints
Summary
The Utah Senate passed a concurrent resolution urging adherence to the national tobacco settlement’s intent while sparking debate over whether the legislature or the courts/executive branch control appropriation of settlement funds. The measure (SCR 2) passed the Senate and will be transmitted to the House.
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The Utah State Senate approved Senate Concurrent Resolution 2, a measure that articulates the state’s intent for spending proceeds from a national tobacco settlement and affirms the state’s intent to abide by the settlement agreement.
Senator Davis, a sponsor of the Senate amendments, said the changes were intended to "clarify exactly what we mean" and to emphasize that the state intends to use settlement monies in a way that keeps the federal government from directing the funds. Opponents, including Senator Hilliard, pressed whether the settlement legally obligates the Legislature to spend the money on public‑health and tobacco‑prevention programs and voiced concern that court settlements could bypass legislative appropriation powers.
Senator Hilliard asked whether the settlement already limits expenditures and whether adopting the resolution would precommit the Legislature; he said he was "deeply concerned" about ceding appropriations authority via a settlement approved in court without a legislative appropriation. Senator Nelson and others noted the settlement language is "fairly loose" and that the resolution is intended in part to send a message to federal officials about preserving state discretion.
After debate and a roll call, the clerk announced SCR 2 passed the Senate by a recorded vote of 23 ayes and 5 nays with 1 absent; the president recorded that the measure will be transmitted to the House for consideration.
The resolution is nonbinding guidance expressing the Legislature’s posture toward the settlement and does not itself appropriate funds. The Senate discussion emphasized the need for the Legislature to preserve its appropriation authority and for clearer language about allowable uses; senators asked for copies of the settlement agreement before committing to any final appropriations steps.
SCR 2 now moves to the Utah House for its consideration.
