H 4729 Joint Resolution, By Easterday, Hamilton, W. McLeod, Rice and Seithel
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH
 CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37
 IN ARTICLE III SO AS TO ESTABLISH A SEPARATE FUND IN THE STATE TREASURY STYLED
 THE TOBACCO TRUST FUND TO RECEIVE ALL REVENUES DUE THIS STATE UNDER THE
 TOBACCO MASTER SETTLEMENT AGREEMENT, TO PROVIDE THAT EARNINGS ON THIS ACCOUNT
 ARE RETAINED IN IT, AND TO PROVIDE THAT REVENUES IN THE FUND MAY BE
 APPROPRIATED BY THE GENERAL ASSEMBLY ONLY TO MEET COSTS INCURRED BY THE STATE
 IN THE TREATMENT OF SMOKING-RELATED DISEASES, FOR SMOKING CESSATION PROGRAMS,
 AND FOR YOUTH SMOKING PREVENTION PROGRAMS.

   03/02/00  House  Introduced and read first time HJ-6
   03/02/00  House  Referred to Committee on Ways and Means HJ-7

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37 IN ARTICLE III SO AS TO ESTABLISH A SEPARATE FUND IN THE STATE TREASURY STYLED THE TOBACCO TRUST FUND TO RECEIVE ALL REVENUES DUE THIS STATE UNDER THE TOBACCO MASTER SETTLEMENT AGREEMENT, TO PROVIDE THAT EARNINGS ON THIS ACCOUNT ARE RETAINED IN IT, AND TO PROVIDE THAT REVENUES IN THE FUND MAY BE APPROPRIATED BY THE GENERAL ASSEMBLY ONLY TO MEET COSTS INCURRED BY THE STATE IN THE TREATMENT OF SMOKING-RELATED DISEASES, FOR SMOKING CESSATION PROGRAMS, AND FOR YOUTH SMOKING PREVENTION PROGRAMS.

Whereas, the Master Settlement Agreement settled claims made by this and other states against tobacco companies for additional health care costs incurred by this State and other states from tobacco use by state residents; and

Whereas, the toll on the health of South Carolinians of smoking-related diseases is enormous in terms of physical suffering and financial costs; and

Whereas, the only appropriate use of revenues received by this State under the Master Settlement Agreement is to meet the health costs incurred by this State in the treatment of smoking-related diseases, and in programs for smoking cessation and youth smoking prevention. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Article III of the Constitution of this State be amended by adding:

"Section 37. There is established in the State Treasury a fund separate and distinct from the general fund and all other funds styled the Tobacco Trust Fund (trust fund). All revenues received by this State pursuant to the Tobacco Master Settlement Agreement as defined by law must be credited to this trust fund. The General Assembly may appropriate revenues in the trust fund only to meet costs incurred by the State in the treatment of smoking-related diseases, for smoking cessation programs, and for youth smoking prevention programs."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Article III of the Constitution of this State be amended by adding a new Section 37 so as to establish a separate fund in the State Treasury styled the Tobacco Trust Fund (trust fund) to which must be credited all revenues received by this State under the Tobacco Master Settlement Agreement, as defined by law, to provide that earnings on the trust fund are credited to it, and to provide that revenues of the trust fund may be appropriated by the General Assembly only to meet costs incurred by the State in the treatment of smoking-related diseases, for smoking cessation programs, and for youth smoking prevention programs?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."