Bill Text: MI HB4668 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Liquor; other; marihuana-infused alcohol; prohibit. Amends sec. 221 of 1998 PA 58 (MCL 436.1221) & adds sec. 914b.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-10-17 - Assigned Pa 346'18 With Immediate Effect [HB4668 Detail]
Download: Michigan-2017-HB4668-Introduced.html
HOUSE BILL No. 4668
May 30, 2017, Introduced by Reps. Kesto, Iden, McCready, Hauck, Crawford, Zemke, Webber, Griffin, Maturen, Bellino, Leutheuser, Brann, Lucido and Hughes and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending sections 221 and 543 (MCL 436.1221 and 436.1543),
section 543 as amended by 2016 PA 434.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
221. (1) The commission is authorized to may maintain a
revolving fund that is to be derived from the money deposited to
the credit of the commission with the state treasurer. From time to
time,
amounts shall money must be transferred from the revolving
fund to the general fund in accordance with the management and
budget act, 1984 PA 431, MCL 18.1101 to 18.1594. The fund provided
for
in this section shall must
be used for replenishing,
maintaining, warehousing, and distributing liquor stock throughout
the
this state and for administration of this act. The
commission
shall make a monthly report of the revolving fund to the state
treasurer
and to the budget director. The report shall contain must
include an itemized account of all money received and all
expenditures made by the commission during the month covered in the
report.
(2) Interest earnings on common cash attributable to the
revolving
fund shall must be credited to the revolving fund and
shall
must be available to the commission for administration of
this act.
(3)
All money received by the commission under this act shall
must be turned over to the state treasurer according to department
of treasury procedures.
(4) All money deposited by the commission with the state
treasurer
shall must be either credited to the any of the
following:
(a) The revolving fund for expenditures authorized under
subsection
(1). or credited to the
(b) The general fund to be available for the purposes for
which the general fund is available.
(c) The Michigan craft beverage council described in section
303, to be used as described in section 303.
Sec. 543. (1) Quarterly, on the commission's recommendation,
the
this state shall pay pursuant to appropriation in the
manner
prescribed by law to the city, village, or township in which a
full-time police department or full-time ordinance enforcement
department is maintained or, if a police department or full-time
ordinance enforcement department is not maintained, to the county,
to be credited to the sheriff's department of the county in which
the licensed premises are located, 55% of the amount of the
proceeds of the retailers' license fees and license renewal fees
collected in that jurisdiction, for the specific purpose of
enforcing this act and the rules promulgated under this act. Forty-
one and one-half percent of the amount of the proceeds of
retailers' license and license renewal fees collected must be
deposited in a special fund to be annually appropriated to the
commission for carrying out the licensing and enforcement
provisions of this act. Any unencumbered or uncommitted money in
the special fund must revert to the general fund of this state 12
months after the end of each fiscal year in which the money was
collected. The legislature shall appropriate 3-1/2% of the amount
of the proceeds of retailers' license and license renewal fees
collected to be credited to a special fund in the state treasury
for the purposes of promoting and sustaining programs for the
prevention, rehabilitation, care, and treatment of alcoholics. This
subsection does not apply to retail license fees collected for
railroad or Pullman cars, watercraft, aircraft, or wine auctions or
to the transfer fees provided in section 529.
(2) All license and license renewal fees, other than retail
license and license renewal fees and wholesale vendor license and
license
renewal fees, must be credited to the grape and wine
industry
Michigan craft beverage council created described in
section 303, to be used as provided in section 303. Money credited
to
the grape and wine industry Michigan
craft beverage council must
not revert to the general fund at the close of the fiscal year, but
must remain in the account to which it was credited to be used as
provided in section 303.
(3) All retail license fees collected for railroad or Pullman
cars, watercraft, or aircraft and the transfer fees provided in
section 529 must be deposited in the special fund created in
subsection (1) for carrying out the licensing and enforcement
provisions of this act.
(4) The license fee enhancement imposed for licenses issued
under section 531(3) and (4) must be deposited into a special fund
to be annually appropriated to the commission for enforcement and
other related projects determined appropriate by the commission.
The money representing that amount of the license fees for
identical licenses not issued under section 531(3) and (4) must be
allocated and appropriated under subsection (1).
(5) The license fee imposed on direct shipper licenses and any
violation fines imposed by the commission must be deposited into
the direct shipper enforcement revolving fund. The direct shipper
enforcement revolving fund is created within the state treasury.
The state treasurer shall direct the investment of the fund. The
state treasurer shall credit to the fund interest and earnings from
fund investments. Money in the fund at the close of the fiscal year
must remain in the fund and must not lapse to the general fund. The
commission shall expend money from the fund, on appropriation, only
for
enforcement of the provisions of section 203 and related
projects.
(6) One hundred percent of the wine auction license fee
imposed in section 525(1)(aa) must be deposited into the general
fund.
(7) Notwithstanding any other provision of this section, the
additional $160.00 license fee imposed on a licensee selling
alcoholic liquor between the hours of 7 a.m. on Sunday and 12 noon
on Sunday is allocated to the general fund.
(8) Wholesale vendor license fees and license renewal fees
must be deposited into the liquor control enforcement and license
investigation revolving fund created under subsection (9).
(9) The liquor control enforcement and license investigation
revolving fund is created within the state treasury. The state
treasurer shall direct the investment of the fund. The state
treasurer shall credit to the fund interest and earnings from fund
investments. Money in the fund at the close of the fiscal year must
remain in the fund and must not lapse to the general fund. The
commission shall expend money from the fund, on appropriation, only
for enforcement of this act and the rules promulgated under this
act and for license investigations. The commission shall not use
more than 35% of the money appropriated to the fund under this
subsection to carry out the licensing provisions of this act.
(10) As used in this section, "license fee enhancement" means
the money representing the difference between the license fee
imposed for a license under section 525(1) and the additional
amount imposed for resort and resort economic development licenses
under section 525(2).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4667 (request no.
00184'17) of the 99th Legislature is enacted into law.
