Maine Legislature, Session 121, LD 1612
Committee: Health Care Reform
Sponsors: COLWELL, YOUNGBLOOD, DUDLEY, MOODY, PERRY, RICHARDSON, YOUNG, EDMONDS, KNEELAND, MARTIN

Legislative Document 
No. 1612 
H.P. 1188 
House of Representatives, May 12,2003 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine to Preserve the Fund for a Healthy Maine 
Reference to the Joint Select Committee on Health Care Reform suggested and ordered 
printed. 
IY/~ 
/h·711d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Speaker COLWELL of Gardiner. (GOVERNOR'S BILL) 
Cosponsored by Senator YOUNGBLOOD of Penobscot and 
Representatives: DUDLEY of Portland, MOODY of Manchester, PERRY of Calais, 
RICHARDSON of Brunswick, YOUNG of Limestone, Senators: EDMONDS of Cumberland, 
KNEELAND of Aroostook, MARTIN of Aroostook. 
Printed on recycled paper 
Constitutional amendment. 
Resolved: 
Two 
thirds 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
amendment to the Constitution of Maine be proposed: 
Constitution, Art. IX, §24 is enacted to read: 
of 
each 
following 
Section 24. 
Preservation of Fund for a Healthy Maine. 
Each 
fiscal year beginning in fiscal year 2003-04, all money received 
by the State of Maine in settlement of or in relation to the 
lawsuit State of Maine v. Philip Morris et al., Kennebec County 
Superior Court, Docket No. CV-97-134 and all money from any other 
source, 
whether public or private, designated for deposit or 
credit to the State, must be credited to the Fund for a Healthy 
Maine, 
or its successor, 
as established in Public Law 
1999, 
chapter 401, Part V, section 1. 
Each fiscal year beginning in fiscal year 2003-04, in order 
to achieve the State's disease prevention and health access 
goals, 
the Governor shall propose 
and the Legislature shall 
allocate or reserve for future allocation all such revenues and 
all interest earned or other investment income on balances in the 
fund for the following health-related purposes only: 
1. 
Smoking prevention, cessation and control activities. 
Smoking prevention, cessation and control activities, including, 
but not limited to l 
reducing smoking among the children of the 
State: 
2. 
Prenatal and young children's care. 
Prenatal and young 
children's care, including home visits and support for parents of 
children from birth to 6 years of age: 
3. 
Child care. 
Child care for children up to 15 years of 
age, including after-school care: 
4. 
Health coverage. 
Health 
coverage 
for 
children 
and 
adults, maximizing to the extent possible federal matching funds; 
5. 
Prescription drugs. 
Prescription drugs for adults who 
are elderly or 
disabled, 
maximizing 
to 
the 
extent 
possible 
federal matching funds: 
6. 
Dental and oral health care. 
Dental and oral health 
care to low-income persons who lack adequate dental coverage; 
7. 
Substance abuse prevention and treatment. 
Substance 
abuse prevention and treatment; 
8. 
Comprehensive 
school health programs. 
Comprehensive 
school health programs, including school-based health centers; and 
Page l-LR2139(1) 
9. 
Other 
health promotion: 
disease prevention. 
Other 
health promotion and disease prevention activities included in a 
state health plan. 
Each fiscal year, 
the State Controller is authorized to 
provide an annual advance from the General Fund to the Fund for a 
Healthy Maine, or its successor, to provide money for allocations 
from the fund. 
This money must be returned to the General Fund 
as the first priority from the amounts credited to the fund. 
Any unencumbered balance remaining at the end of any fiscal 
year lapses back to the Fund for a Healthy Maine account, or its 
successor, within the Department of Administrative and Financial 
Services and may not be made available for expenditure without 
specific legislative approval. 
It is the intent of the people of Maine that the Fund for a 
Heal thy Maine be used to fund services and programs at a level 
above the level of funding that existed at the time the Fund for 
a Healthy Maine was created and that tobacco settlement money not 
be used, directly or indirectly, to supplant current levels of 
funding for other programs and services. 
and be it further 
Constitutional referendum procedure; form of question; effective 
date. Resolved: 
That the municipal officers of this State shall 
notify the inhabitants of their respective cities, 
towns 
and 
plantations to meet, in the manner prescribed by law for holding 
a statewide election, at a statewide election, on the Tuesday 
following the first Monday of November following the passage of 
this resolution, to vote upon the ratification of the amendment 
proposed in this resolution by voting upon the following question: 
"Do you favor amending the Constitution of Maine to require 
that Maine's 
tobacco settlement money be 
used only for 
health-related purposes, including prevention and treatment 
of disease and addiction and access to health care for both 
children and adults?" 
The legal voters of each city, town and plantation shall 
vote by ballot on this question and designate their choice by a 
cross or check mark placed within the corresponding square below 
the word "Yes" or "No." 
The ballots must be received, sorted, 
counted and declared in open ward, town and plantation meetings 
and returns made to the Secretary of State in the same manner as 
votes for members of the Legislature. 
The Governor shall review 
the returns and, if it appears that a majority of the legal votes 
are cast in favor of the amendment, the Governor shall proclaim 
that fact without delay and the amendment becomes part of the 
Constitution of Maine on the date of the proclamation; and be it 
further 
Secretary of State shall prepare ballots. Resolved: 
That 
the 
Secretary of State shall prepare and furnish to each city, town 
and plantation all ballots, returns and copies of this resolution 
necessary to carry out the purposes of this referendum. 
SUMMARY 
This resolution proposes to amend the Constitution of Maine 
to 
ensure 
that 
the 
Fund 
for 
a 
Healthy 
Maine 
is 
used 
for 
health-related 
purposes 
only. 
The 
resolution 
prevents 
the 
tobacco settlement money 
from being used to replace existing 
funds outside of the Fund for a Healthy Maine.