Bill Text: MI SB0393 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Taxation; tobacco; cigarette tax; modify. Amends secs. 7 & 12 of 1993 PA 327 (MCL 205.427 & 205.432).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-05-28 - Referred To Committee On Finance [SB0393 Detail]
Download: Michigan-2013-SB0393-Introduced.html
SENATE BILL No. 393
May 28, 2013, Introduced by Senators HUNE and BRANDENBURG and referred to the Committee on Finance.
A bill to amend 1993 PA 327, entitled
"Tobacco products tax act,"
by amending sections 7 and 12 (MCL 205.427 and 205.432), section 7
as amended by 2012 PA 325 and section 12 as amended by 2012 PA 188.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) Beginning May 1, 1994, a tax is levied on the sale
of tobacco products sold in this state as follows:
(a) Through July 31, 2002, for cigars, noncigarette smoking
tobacco, and smokeless tobacco, 16% of the wholesale price.
(b)
For Through September 30,
2013, for cigarettes, 37.5 mills
per cigarette. Beginning October 1, 2013, for cigarettes, 18.75
mills per cigarette.
(c) Beginning August 1, 2002 and through September 30, 2013,
for cigarettes, in addition to the tax levied in subdivision (b),
an additional 15 mills per cigarette. Beginning October 1, 2013,
for cigarettes, in addition to the tax levied in subdivision (b),
an additional 7.5 mills per cigarette.
(d) Beginning August 1, 2002 and through September 30, 2013,
for cigarettes, in addition to the tax levied in subdivisions (b)
and (c), an additional 10 mills per cigarette. Beginning October 1,
2013, for cigarettes, in addition to the tax levied in subdivisions
(b) and (c), an additional 5 mills per cigarette.
(e) Beginning July 1, 2004 and through September 30, 2013, for
cigarettes, in addition to the tax levied in subdivisions (b), (c),
and (d), an additional 37.5 mills per cigarette. Beginning October
1, 2013, for cigarettes, in addition to the tax levied in
subdivisions (b), (c), and (d), an additional 18.75 mills per
cigarette.
(f) Beginning August 1, 2002 and through June 30, 2004, for
cigars, noncigarette smoking tobacco, and smokeless tobacco, 20% of
the wholesale price.
(g) Beginning July 1, 2004, for cigars, noncigarette smoking
tobacco, and smokeless tobacco, 32% of the wholesale price.
However, beginning November 1, 2012 and through October 31, 2016,
the amount of tax levied under this subdivision on cigars shall not
exceed 50 cents per individual cigar.
(2) On or before the twentieth day of each calendar month,
every licensee under section 3 other than a retailer, unclassified
acquirer licensed as a manufacturer, or vending machine operator
shall file a return with the department stating the wholesale price
of each tobacco product other than cigarettes purchased, the
quantity of cigarettes purchased, the wholesale price charged for
all tobacco products other than cigarettes sold, the number of
individual packages of cigarettes and the number of cigarettes in
those individual packages, and the number and denominations of
stamps affixed to individual packages of cigarettes sold by the
licensee for each place of business in the preceding calendar
month. The return shall also include the number and denomination of
unaffixed stamps in the possession of the licensee at the end of
the preceding calendar month. Wholesalers shall also report
accurate inventories of cigarettes, both stamped and unstamped at
the end of the preceding calendar month. Wholesalers and
unclassified acquirers shall also report accurate inventories of
affixed and unaffixed stamps by denomination at the beginning and
end of each calendar month and all stamps acquired during the
preceding calendar month. The return shall be signed under penalty
of perjury. The return shall be on a form prescribed by the
department and shall contain or be accompanied by any further
information the department requires. The department may also
require licensees to report cigarette acquisition, purchase, and
sales information in other formats and frequency.
(3) To cover the cost of expenses incurred in the
administration of this act, at the time of the filing of the
return, the licensee shall pay to the department the tax levied in
subsection (1) for tobacco products sold during the calendar month
covered by the return, less compensation equal to the following:
(a) One percent of the total amount of the tax due on tobacco
products sold other than cigarettes.
(b) Through July 31, 2002, 1.25% of the total amount of the
tax due on cigarettes sold.
(c) Beginning August 1, 2002, 1.5% of the total amount of the
tax due on cigarettes sold and, beginning on June 20, 2012, for
sales of untaxed cigarettes to Indian tribes in this state, an
amount equal to 1.5% of the total amount of the tax due on those
cigarettes sold as if those cigarette sales were taxable sales
under this act.
(d) Beginning on the first calendar month following the
implementation of the use of digital stamps as provided in section
5a(2), for licensees who are stamping agents, 0.5% of the total
amount of the tax due on cigarettes sold and, for sales of untaxed
cigarettes to Indian tribes in this state, 0.5% of the total amount
of the tax due on those cigarettes sold as if those cigarette sales
were taxable sales under this act, until the stamping agent is
compensated in an amount equal to the direct cost actually incurred
by the stamping agent for upgrades to technology and equipment,
excluding the equipment reimbursed under subdivision (e), that are
necessary to affix the digital stamp as determined by the
department.
(e) Beginning in the first calendar month following the
implementation of the use of digital stamps as provided in section
5a(2) and continuing for the immediately succeeding 17 months, for
licensees who are stamping agents, reimbursement of direct costs
actually incurred by the stamping agent, as determined by the
department, for the initial purchase of eligible equipment in an
amount equal to 5.55% of the total net purchase price of the
eligible equipment necessary to affix the digital stamp. The
reimbursement provided under this subdivision shall exclude
reimbursement for any costs for installation or for ongoing
maintenance related to eligible equipment. A stamping agent may
only receive reimbursement under this subdivision to the extent
that the eligible equipment purchased by the stamping agent does
not exceed the total number of the stamping agent's existing
equipment as certified by the stamping agent on a form prescribed
by the department.
(4) Every licensee and retailer who, on August 1, 2002, has on
hand for sale any cigarettes upon which a tax has been paid
pursuant to subsection (1)(b) shall file a complete inventory of
those cigarettes before September 1, 2002 and shall pay to the
department at the time of filing this inventory a tax equal to the
difference between the tax imposed in subsection (1)(b), (c), and
(d) and the tax that has been paid under subsection (1)(b). Every
licensee and retailer who, on August 1, 2002, has on hand for sale
any cigars, noncigarette smoking tobacco, or smokeless tobacco upon
which a tax has been paid pursuant to subsection (1)(a) shall file
a complete inventory of those cigars, noncigarette smoking tobacco,
and smokeless tobacco before September 1, 2002 and shall pay to the
department at the time of filing this inventory a tax equal to the
difference between the tax imposed in subsection (1)(f) and the tax
that has been paid under subsection (1)(a).
(5) Every licensee and retailer who, on July 1, 2004, has on
hand for sale any cigarettes upon which a tax has been paid
pursuant to subsection (1)(b), (c), and (d) shall file a complete
inventory of those cigarettes before August 1, 2004 and shall pay
to the department at the time of filing this inventory a tax equal
to the difference between the tax imposed in subsection (1)(b),
(c), (d), and (e) and the tax that has been paid under subsection
(1)(b), (c), and (d). Every licensee and retailer who, on July 1,
2004, has on hand for sale any cigars, noncigarette smoking
tobacco, or smokeless tobacco upon which a tax has been paid
pursuant to subsection (1)(f) shall file a complete inventory of
those cigars, noncigarette smoking tobacco, and smokeless tobacco
before August 1, 2004 and shall pay to the department at the time
of filing this inventory a tax equal to the difference between the
tax imposed in subsection (1)(g) and the tax that has been paid
under subsection (1)(f). The proceeds derived under this subsection
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.
(6) The department may require the payment of the tax imposed
by this act upon the importation or acquisition of a tobacco
product. A tobacco product for which the tax under this act has
once been imposed and that has not been refunded if paid is not
subject upon a subsequent sale to the tax imposed by this act.
(7) An abatement or refund of the tax provided by this act may
be made by the department for causes the department considers
expedient. The department shall certify the amount and the state
treasurer shall pay that amount out of the proceeds of the tax.
(8) A person liable for the tax may reimburse itself by adding
to the price of the tobacco products an amount equal to the tax
levied under this act.
(9) A wholesaler, unclassified acquirer, or other person shall
not sell or transfer any unaffixed stamps acquired by the
wholesaler or unclassified acquirer from the department. A
wholesaler or unclassified acquirer who has any unaffixed stamps on
hand at the time its license is revoked or expires, or at the time
it discontinues the business of selling cigarettes, shall return
those stamps to the department. The department shall refund the
value of the stamps, less the appropriate discount paid.
(10) If the wholesaler or unclassified acquirer has unsalable
packs returned from a retailer, secondary wholesaler, vending
machine operator, wholesaler, or unclassified acquirer with stamps
affixed, the department shall refund the amount of the tax less the
appropriate discount paid. If the wholesaler or unclassified
acquirer has unaffixed unsalable stamps, the department shall
exchange with the wholesaler or unclassified acquirer new stamps in
the same quantity as the unaffixed unsalable stamps. An application
for refund of the tax shall be filed on a form prescribed by the
department for that purpose, within 4 years from the date the
stamps were originally acquired from the department. A wholesaler
or unclassified acquirer shall make available for inspection by the
department the unused or spoiled stamps and the stamps affixed to
unsalable individual packages of cigarettes. The department may, at
its own discretion, witness and certify the destruction of the
unused or spoiled stamps and unsalable individual packages of
cigarettes that are not returnable to the manufacturer. The
wholesaler or unclassified acquirer shall provide certification
from the manufacturer for any unsalable individual packages of
cigarettes that are returned to the manufacturer.
(11) On or before the twentieth of each month, each
manufacturer shall file a report with the department listing all
sales of tobacco products to wholesalers and unclassified acquirers
during the preceding calendar month and any other information the
department finds necessary for the administration of this act. This
report shall be in the form and manner specified by the department.
(12) Each wholesaler or unclassified acquirer shall submit to
the department an unstamped cigarette sales report on or before the
twentieth day of each month covering the sale, delivery, or
distribution of unstamped cigarettes during the preceding calendar
month to points outside of Michigan. A separate schedule shall be
filed for each state, country, or province into which shipments are
made. For purposes of the report described in this subsection,
"unstamped cigarettes" means individual packages of cigarettes that
do not bear a Michigan stamp. The department may provide the
information contained in this report to a proper officer of another
state, country, or province reciprocating in this privilege.
(13) As used in subsection (3):
(a) "Eligible equipment" means a cigarette tax stamping
machine that meets all of the following conditions:
(i) Was purchased by a stamping agent who was licensed as a
stamping agent as of December 31, 2011.
(ii) Enables the stamping agent to affix digital stamps to
individual packages of cigarettes in accordance with the
requirements under section 6a(2).
(iii) Was purchased to be used for the primary purpose of
permitting the stamping agent to affix digital stamps to individual
packages of cigarettes to be sold in this state following the
implementation of the use of digital stamps as provided in section
5a(2).
(b) "Existing equipment" means a cigarette tax stamping
machine that meets all of the following conditions:
(i) Was owned by a person who was licensed as a stamping agent
as of December 31, 2011.
(ii) Was a cigarette tax stamping machine used prior to January
1, 2012 by the stamping agent to apply stamps using stamp rolls of
30,000 stamps.
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 community health 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, 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 community health to expand the
free smokers quit kit program to include the nicotine patch or
nicotine gum.
(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.
(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 community health 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 Michigan 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 community health 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.
(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 community health 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.
(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.
(9)
The proceeds of the fees and penalties provided for
described in this act shall be used for the administration of this
act.
