Bill Text: AZ HCR2029 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: Tobacco tax fund; repeal
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-11 - Introduced [HCR2029 Detail]
Download: Arizona-2013-HCR2029-Introduced.html
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REFERENCE TITLE: tobacco tax fund; repeal |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HCR 2029 |
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Introduced by Representative Stevens
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A CONCURRENT RESOLUTION
Enacting and ordering the submission to the people of a measure relating to tobacco taxes.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to tobacco tax funds, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
changing the designation of title 36, chapter 6, article 8, Arizona Revised Statutes, to "tobacco tax and health care fund"; repealing sections 36‑770 and 36‑772, Arizona Revised Statutes; amending title 36, chapter 6, article 8, Arizona Revised Statutes, by adding a new section 36‑772; repealing sections 36‑776, 36-777, 36-778 and 42-3251.01, Arizona Revised Statutes; amending section 42‑3302, Arizona Revised Statutes; relating to tobacco tax health care.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The article heading of title 36, chapter 6, article 8, Arizona Revised Statutes, is changed from "TOBACCO TAX FUNDS" to "TOBACCO TAX AND HEALTH CARE FUND".
Sec. 2. Repeal
Sections 36-770 and 36-772, Arizona Revised Statutes, are repealed.
Sec. 3. Title 36, chapter 6, article 8, Arizona Revised Statutes, is amended by adding a new section 36-772, to read:
36-772. Health education account; purposes; report
A. The health education account is established.
B. Twenty-three cents of each dollar in the tobacco tax and health care fund shall be deposited in the health education account for programs for the prevention and reduction of tobacco use, through public health education programs, including community based education, cessation, evaluation and other programs to discourage tobacco use among the general population as well as minors and culturally diverse populations.
C. The department of health services shall administer the account.
D. Monies that are deposited in the health education account shall:
1. Be used only to supplement monies that are appropriated by the legislature for health education purposes and shall not be used to supplant those appropriated monies.
2. Be spent only for the following purposes:
(a) Contracts with county health departments, qualifying community health centers as defined in section 36-2907.06, Indian tribes, accredited schools, nonprofit organizations, community colleges and universities for education programs related to preventing and reducing tobacco use.
(b) Administrative expenditures related to implementing and operating programs developed pursuant to subdivision (a) of this paragraph to award and oversee contracts for education programs, including obtaining expert services to assist in evaluating requests for proposals and responses to those requests.
(c) Department of health services expenditures for developing and delivering education programs that are designed to prevent or reduce tobacco use, including radio, television or print media costs. When contracting for the development and production of original advertising materials, the department shall require advertising, production and editorial firms to use their best efforts to employ or contract with residents of this state to manage, produce and edit the original advertising. The department shall report on or before December 1 of each year to the governor, the president of the senate and the speaker of the house of representatives regarding instances when the department did not employ or contract with residents of this state, including the reasons for failing to do so.
(d) The evaluations required by subsection F of this section.
E. Monies from the health education account shall not be spent for lobbying activities involving elected officials or political campaigns for individuals or any ballot measure.
F. Each fiscal year, the department may spend not more than an amount equivalent to ninety per cent of the previous fiscal year's tobacco tax and health care fund's allocation to the health education account for expenditures made pursuant to this section and for other purposes as prescribed by law.
G. The department of health services shall evaluate the programs established pursuant to subsection D, paragraph 2 of this section and shall submit a written report of its findings once every two years to the governor, the president of the senate and the speaker of the house of representatives. The department of health services shall provide a copy of each report to the secretary of state.
Sec. 4. Repeal
Sections 36-776, 36-777, 36-778 and 42-3251.01, Arizona Revised Statutes, are repealed.
Sec. 5. Section 42-3302, Arizona Revised Statutes, is amended to read:
42-3302. Levy; rates; disposition of revenues
A. In addition to all other taxes, there is levied and shall be collected by the department a tax on the purchase on an Indian reservation of cigarettes, cigars, smoking tobacco, plug tobacco, snuff and other forms of tobacco at the rates prescribed by sections section 42‑3251 and 42‑3251.01.
B. The department shall deposit, pursuant to sections 35‑146 and 35‑147, monies levied and collected pursuant to subsection A of this section in the tobacco tax and health care fund established by section 36‑771 and the tobacco products tax fund established by section 36‑770 for use as prescribed by title 36, chapter 6, article 8.
C. If an Indian tribe imposes a luxury, sales, transaction privilege or similar tax on cigarettes, cigars, smoking tobacco, plug tobacco, snuff and other forms of tobacco but at a rate that is:
1. Less than that prescribed by subsection A of this section, the tax imposed by this article shall be levied at a rate equal to the difference between the rate prescribed by subsection A of this section and the tax imposed by the Indian tribe.
2. Equal to or greater than the tax prescribed by subsection A of this section, then the rate of tax under this article is zero.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.
