March 14, 2018, Introduced by Rep. Farrington and referred to the Committee on Appropriations.
A bill to amend 1993 PA 327, entitled
"Tobacco products tax act,"
by amending section 12 (MCL 205.432), as amended by 2016 PA 309.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12. (1) The proceeds derived from the payment of taxes,
fees, and penalties provided for under this act and the license
fees received by the department shall be deposited with the state
treasurer and disbursed only as provided in this section and
section 7(5). However, before a distribution of funds is made under
this section, subject to appropriation, the funds described in this
section may be used by the department, the attorney general, and
the department of state police for enforcement and administration
of this act.
(2) The tax imposed under section 7(1)(a) shall be disbursed
as follows:
(a) 94% of the proceeds shall be credited to the state school
aid fund established by section 11 of article IX of the state
constitution of 1963.
(b) 6% of the proceeds shall be credited to the Healthy
Michigan fund created under section 5953 of the public health code,
1978 PA 368, MCL 333.5953. Fifty percent of the proceeds described
in this subdivision that are used for smoking prevention programs
shall be used by the department of health and human services to
expand the free smokers quit kit program to include the nicotine
patch or nicotine gum.
(3) The tax imposed on cigarettes under section 7(1)(b) shall
be disbursed as follows:
(a) Beginning May 1, 1994 and through June 30, 2004, 5.3% of
the proceeds shall be credited to the health and safety fund
created in the health and safety fund act, 1987 PA 264, MCL 141.471
to 141.479.
(b) Beginning July 1, 2004, 6.5% of the proceeds shall be
credited to the health and safety fund created in the health and
safety fund act, 1987 PA 264, MCL 141.471 to 141.479.
(c) Through June 30, 2004, 25.3% of the proceeds shall be
credited to the general fund of this state.
(d) Beginning July 1, 2004 and through September 30, 2014,
24.1% of the proceeds shall be credited to the general fund of this
state.
(e) 63.4% of the proceeds shall be credited to the state
school aid fund established by section 11 of article IX of the
state constitution of 1963.
(f) 6% of the proceeds shall be credited to the Healthy
Michigan fund created under section 5953 of the public health code,
1978 PA 368, MCL 333.5953. Fifty percent of the proceeds described
in this subdivision that are used for smoking prevention programs
shall be used by the department of health and human services to
expand the free smokers quit kit program to include the nicotine
patch or nicotine gum.
(g) Beginning October 1, 2014, 24.1% of the proceeds shall be
disbursed as follows:
(i) For the 2014-2015 fiscal year and each subsequent fiscal
year, $3,000,000.00 to the Michigan state capitol historic site
fund created in section 7 of the Michigan state capitol historic
site act, 2013 PA 240, MCL 4.1947. For the 2015-2016 fiscal year
and each subsequent fiscal year, the state treasurer shall adjust
the figure described in this subparagraph by an amount determined
by the state treasurer at the end of each calendar year to reflect
the
cumulative annual percentage change in the consumer price
index.
Consumer Price Index. Beginning for the 2015-2016 fiscal
year and each subsequent fiscal year, if the cumulative annual
percentage
change in the consumer price index Consumer Price Index
is negative, then the adjustment for that fiscal year is zero. As
used
in this subsection, "consumer price index" "Consumer Price
Index" means the most comprehensive index of consumer prices
available for this state from the Bureau of Labor Statistics of the
United States Department of Labor. From the funds described in this
subparagraph, not later than February 1 of each year, the Michigan
state capitol commission created in section 5 of the Michigan state
capitol historic site act, 2013 PA 240, MCL 4.1945, shall report to
the Michigan capitol committee created in section 701 of the
legislative council act, 1986 PA 268, MCL 4.1701, and to the
chairpersons of the house and senate appropriations committees. The
report shall contain all of the following:
(A) The proposed maintenance plan for the Michigan State
Capitol Historical Site for the immediately following fiscal year.
(B) The projected 5-year maintenance plan for the Michigan
State Capitol Historical Site for the immediately following 5
fiscal years.
(C) Projected large-scale projects for the Michigan State
Capitol Historical Site that exceed $1,000,000.00.
(ii) The remaining proceeds shall be credited to the general
fund
of this state.Michigan
transportation fund established in
section 10 of 1951 PA 51, MCL 247.660.
(4) Beginning August 1, 2002, the tax imposed on cigarettes
under section 7(1)(c) shall be disbursed as follows:
(a) Through June 30, 2004, 74.2%, and beginning July 1, 2004,
9.0%
of the proceeds shall be credited to the general fund of this
state.Michigan transportation fund established in
section 10 of
1951 PA 51, MCL 247.660.
(b) Through June 30, 2004, 4.6%, and beginning July 1, 2004,
56.3% of the proceeds shall be credited to the state school aid
fund established by section 11 of article IX of the state
constitution of 1963.
(c) 6.0% of the proceeds shall be credited to the Healthy
Michigan fund created under section 5953 of the public health code,
1978 PA 368, MCL 333.5953. Fifty percent of the proceeds described
in this subdivision that are used for smoking prevention programs
shall be used by the department of health and human services to
expand the free smokers quit kit program to include the nicotine
patch or nicotine gum.
(d) Through June 30, 2004, 3.0%, and beginning July 1, 2004,
3.7% of the proceeds shall be paid to counties with a 2000
population of more than 2,000,000, to be used only for indigent
health care.
(e) Through June 30, 2004, 12.2%, and beginning July 1, 2004,
25.0% of the proceeds shall be credited to the Medicaid benefits
trust fund created under section 5 of the Michigan trust fund act,
2000 PA 489, MCL 12.255.
(5) Beginning August 1, 2002, the tax imposed under section
7(1)(f) shall be disbursed as follows:
(a) 75.6% of the proceeds shall be credited to the state
school aid fund established by section 11 of article IX of the
state constitution of 1963.
(b) 6.0% of the proceeds shall be credited to the Healthy
Michigan fund created under section 5953 of the public health code,
1978 PA 368, MCL 333.5953. Fifty percent of the proceeds described
in this subdivision that are used for smoking prevention programs
shall be used by the department of health and human services to
expand the free smokers quit kit program to include the nicotine
patch or nicotine gum.
(c)
18.4% of the proceeds shall be credited to the general
fund
of this state.Michigan transportation
fund established in
section 10 of 1951 PA 51, MCL 247.660.
(6) Beginning August 1, 2002, the tax imposed on cigarettes
under section 7(1)(d) shall be disbursed as follows:
(a) 94.0% of the proceeds shall be credited to the state
school aid fund established by section 11 of article IX of the
state constitution of 1963.
(b) 6.0% of the proceeds shall be credited to the Healthy
Michigan fund created under section 5953 of the public health code,
1978 PA 368, MCL 333.5953. Fifty percent of the proceeds described
in this subdivision that are used for smoking prevention programs
shall be used by the department of health and human services to
expand the free smokers quit kit program to include the nicotine
patch or nicotine gum.
(7) Beginning July 1, 2004, the tax imposed on cigarettes
under section 7(1)(e) shall be disbursed as follows:
(a) Beginning July 1, 2004 and through September 30, 2005,
100% of the proceeds shall be credited to the Michigan Medicaid
benefits trust fund created under section 5 of the Michigan trust
fund act, 2000 PA 489, MCL 12.255.
(b) Beginning October 1, 2005, 75.0% of the proceeds shall be
credited to the Michigan Medicaid benefits trust fund created under
section 5 of the Michigan trust fund act, 2000 PA 489, MCL 12.255.
(c) Beginning October 1, 2005, 25.0% of the proceeds shall be
credited
to the general fund of this state.Michigan transportation
fund established in section 10 of 1951 PA 51, MCL 247.660.
(8) Beginning July 1, 2004, the tax imposed under section
7(1)(g) shall be disbursed as follows:
(a) Beginning July 1, 2004 and through September 30, 2005,
100% of the proceeds shall be credited to the Michigan Medicaid
benefits trust fund created under section 5 of the Michigan trust
fund act, 2000 PA 489, MCL 12.255.
(b) Beginning October 1, 2005, 75.0% of the proceeds shall be
credited to the Michigan Medicaid benefits trust fund created under
section 5 of the Michigan trust fund act, 2000 PA 489, MCL 12.255.
(c) Beginning October 1, 2005, 25.0% of the proceeds shall be
credited
to the general fund of this state.Michigan transportation
fund established in section 10 of 1951 PA 51, MCL 247.660.
(9) The proceeds of the fees and penalties provided for in
this act shall be used for the administration of this act.