An Act To Help Deter Youth Smoking and To Help Smokers Quit

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  this legislation needs to take effect before the expiration of the 90-day period in order to help prevent tobacco use by children and help smokers quit smoking; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. 36 MRSA §4365,  as amended by PL 2005, c. 457, Pt. AA, §1 and affected by §8, is further amended to read:

§ 4365. Rate of tax

A tax is imposed on all cigarettes imported into this State or held in this State by any person for sale at the rate of 100 175 mills for each cigarette. Payment of the tax is evidenced by the affixing of stamps to the packages containing the cigarettes.

Sec. 2. 36 MRSA §4365-F,  as enacted by PL 2005, c. 457, Pt. AA, §3 and affected by §8, is repealed.

Sec. 3. 36 MRSA §4365-G  is enacted to read:

§ 4365-G.  Application of cigarette tax rate increase effective July 1, 2011

The following provisions apply to cigarettes held for resale on July 1, 2011.

Sec. 4. 36 MRSA §4366-A, sub-§2, ¶D,  as amended by PL 2007, c. 438, §93, is further amended to read:

Sec. 5. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF

Health - Bureau of 0143

Initiative: Provides funds for tobacco treatment counseling by a tobacco help line.

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
All Other	$800,000	$400,000
OTHER SPECIAL REVENUE FUNDS TOTAL	$800,000	$400,000

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect July 1, 2011.

SUMMARY

This bill increases the cigarette tax by $1.50 per package, from $2.00 to $3.50, to help deter the initial use of tobacco by youth. It includes an appropriations and allocations section to fund operation of a tobacco help line to provide those tobacco users seeking to quit smoking a mechanism to do so.