Senate Bill sb2236c1

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    Florida Senate - 2001                          CS for SJR 2236

    By the Committee on Appropriations and Senators Burt and
    Rossin




    309-1955-01

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing the creation of

  3         Section 20 of Article X of the State

  4         Constitution, relating to miscellaneous

  5         matters, to prescribe the use of moneys in the

  6         Lawton Chiles Endowment Fund.

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  8  Be It Resolved by the Legislature of the State of Florida:

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10         That the following creation of Section 20 of Article X

11  of the State Constitution is agreed to and shall be submitted

12  to the electors of this state for approval or rejection at the

13  next general election or at an earlier special election

14  specifically authorized by law for that purpose:

15                            ARTICLE X

16                          MISCELLANEOUS

17         SECTION 20.  Lawton Chiles Endowment Fund.--

18         (a)  There is created the Lawton Chiles Endowment Fund

19  to provide a perpetual source of funding for the future of

20  state children's health programs, child welfare programs,

21  community-based health and human services initiatives, and

22  biomedical research activities. The principal of the endowment

23  fund, composed of moneys received from the tobacco industry to

24  mitigate the impact of the use of tobacco on Florida

25  residents, shall not be appropriated by the Legislature except

26  as provided by this section. The annual capital gains and

27  investment income of the Lawton Chiles Endowment Fund may be

28  appropriated, in accordance with general law, by the

29  legislature in a separate act and shall be approved by a

30  two-thirds vote of the membership of each house.  This

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    Florida Senate - 2001                          CS for SJR 2236
    309-1955-01




  1  appropriation shall not supplant current state or federal

  2  funds.

  3         (b)  In an emergency declared by the legislature, no

  4  more than 10 percent of the principal of the endowment fund

  5  may be appropriated by the legislature in any fiscal year for

  6  state children's health programs; child welfare programs; and

  7  community-based health and human services. Such appropriation

  8  shall be in a separate act and be approved by a two-thirds

  9  vote of the membership of each house.

10         (c)  For purposes of this section, the term "emergency"

11  means a set of conditions which was unforeseen and which must

12  be corrected in order to continue an operation of government,

13  or a set of conditions which constitutes an imminent threat to

14  public health, safety, or welfare. The emergency must relate

15  to one of the following areas: state children's health

16  programs; child welfare programs; or community-based health

17  and human services.

18         BE IT FURTHER RESOLVED that the following statement be

19  placed on the ballot:

20                     CONSTITUTIONAL AMENDMENT

21                      ARTICLE X, SECTION 20

22         USE OF FUNDS IN THE LAWTON CHILES ENDOWMENT

23  FUND.--Proposing an amendment to the State Constitution to

24  authorize the legislature to appropriate the investment income

25  from the Lawton Chiles Endowment Fund as provided by general

26  law and to limit the use of the principal of the endowment

27  fund to emergencies that relate to children's health or

28  welfare programs or community-based health and human services.

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    Florida Senate - 2001                          CS for SJR 2236
    309-1955-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SJR 2236

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  4  Requires that a separate act be approved by a two-thirds vote
    of the membership of each house in order to appropriate the
  5  annual capital gains and investment income of the Lawton
    Chiles Endowment Fund. Specifies that the appropriation shall
  6  not supplant current state or federal funds.

  7  Removes biomedical research activities from the available
    programs to which up to 10 percent of the principal of the
  8  fund may be appropriated should an emergency be declared by
    the Legislature. Requires such appropriation to be made by a
  9  two-thirds vote of the membership of each house.

10  Removes biomedical research activities from the areas which
    must relate to the emergency.
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