Whereas, when the Fund for a Healthy Maine was created, it was intended that the money would be used to address the public health crisis created by smoking, as well as several other health-related problems that Maine faces; and

Whereas, in spite of that intention, over $93,000,000 has already been diverted to the General Fund to help fill budget gaps; and

Whereas, it is critically important that Fund for a Healthy Maine revenue be allocated only for the disease prevention and health promotion purposes for which it was intended; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §1511, sub-§6-A is enacted to read:

6-A.__Allocation requiring separate measures.__An allocation must be made in a separate measure and not part of a biennial, supplemental or emergency budget bill whenever:

A.__Unallocated funds are transferred out of the fund to the General Fund;

B.__An allocation from the fund is increased for a program in order to reduce that program's funding from a source other than the fund;

C.__Funding is deallocated from one program that receives allocations from the fund and allocated to another program that receives allocations from the fund, in order to reduce the funding from a source other than the fund of the 2nd program;

D.__A program that is currently funded only by sources other than the fund becomes a program funded, in whole or in part, by allocations from the fund; and