SENATE BILL NO. 323

INTRODUCED BY S. DOHERTY, E. SWANSON, A. BISHOP, J. BOHLINGER, C. CHRISTIAENS, V. COCCHIARELLA, D. ECK, J. ELLINGSON, E. FRANKLIN, S. GALLUS, M. HALLIGAN, G. JERGESON, L. NELSON, S. STANG, J. TESTER, C. WILLIAMS

A BILL FOR AN ACT ENTITLED: "AN ACT SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO THE MONTANA CONSTITUTION TO REQUIRE THE LEGISLATURE TO DEDICATE A PORTION OF THE TOBACCO SETTLEMENT PROCEEDS TO A PERMANENT TRUST FUND; AND PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Article XII of The Constitution of the State of Montana is amended by adding a new section 4 that reads:

Section 4. Health care trust fund. The legislature shall dedicate not less than fifty percent (50%) of the tobacco settlement proceeds to a trust fund, the interest and income from which may be appropriated for state programs related to health care . The principal of the trust shall forever remain inviolate unless appropriated by three-fourths (3/4) of the members of each house of the legislature.

NEW SECTION. Section 2. Submission to electorate. This amendment shall be submitted to the qualified electors of Montana at the general election to be held in November 2000 by printing on the ballot the full title of this act and the following:

[]	FOR creating a permanent health care trust fund from tobacco settlement proceeds.

[]	AGAINST creating a permanent health care trust fund from tobacco settlement proceeds.

NEW SECTION. Section 3. Effective date. This act is effective on approval by the electorate.

NEW SECTION. Section 4. Applicability. This act applies to payments received after the effective date of this act as Montana's allocable share pursuant to the master settlement agreement in Civil Action No. 9700306-14 filed in the first judicial district as the settlement of a legal action filed against participating tobacco product manufacturers.

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