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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 TO ALLOW A PORTION OF THE INTEREST AND INCOME TO BE APPROPRIATED FOR HEALTH CARE PROGRAMS; 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. (1) The legislature shall dedicate not less than fifty percent (50%) of the
settlement proceeds RECEIVED BY THE STATE AS A RESULT OF THE SETTLEMENT OF THE CIVIL ACTION
BROUGHT BY THE STATE IN 1997 AGAINST VARIOUS TOBACCO COMPANIES FOR RECOUPMENT OF
STATE EXPENSES FOR TREATMENT OF TOBACCO-RELATED ILLNESSES to a trust fund , the.
(2) (A) THE interest and income from
which THE TRUST FUND may be appropriated for state programs
related to health care IN THE AMOUNT OF INTEREST AND INCOME REMAINING AFTER THE DEPOSIT
REQUIRED IN SUBSECTION (2)(B).
(B) AN AMOUNT MUST BE REDEPOSITED IN THE TRUST FUND EACH YEAR
BASED ON THE PERCENTAGE
OF THE INTEREST AND INCOME EARNED THAT EQUALS EQUAL TO THE PRECEDING CALENDAR YEAR'S
INFLATION FACTOR, EXPRESSED AS A PERCENTAGE, THAT IS USED FOR GOVERNMENTAL PROGRAMS
that provide benefits, services, or coverage in addition to or expanded upon those benefits, services, or
coverage that existed on January 1, 1999.
(3) The principal of the trust shall forever remain inviolate unless appropriated by
TWO-THIRDS (2/3) 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 AND ALLOWING INCOME AND INTEREST TO BE APPROPRIATED FOR HEALTH CARE PROGRAMS.
 AGAINST creating a permanent health care trust fund from tobacco settlement proceeds AND ALLOWING INCOME AND INTEREST TO BE APPROPRIATED FOR HEALTH CARE PROGRAMS.
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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Latest Version of SB 323 (SB0323.04)
Processed for the Web on April 9, 1999 (2:48PM)
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