House Concurrent Resolution 85

(As Adopted by House)

A CONCURRENT RESOLUTION SUSPENDING THE DEADLINES FOR THE PURPOSE OF REQUESTING THE DRAFTING, AND THE INTRODUCTION, CONSIDERATION AND PASSAGE, OF A BILL ENTITLED "AN ACT TO AMEND SECTION 43-13-407, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN ADDITIONAL AMOUNT SHALL BE TRANSFERRED FROM THE HEALTH CARE TRUST FUND TO THE HEALTH CARE EXPENDABLE FUND IN FISCAL YEAR 2005; TO REQUIRE THAT THE ADDITIONAL AMOUNT TRANSFERRED TO THE HEALTH CARE EXPENDABLE FUND SHALL BE APPROPRIATED TO THE DIVISION OF MEDICAID FOR FISCAL YEAR 2005; TO PROVIDE THAT ALL MONIES TRANSFERRED FROM THE HEALTH CARE TRUST FUND MUST BE USED FOR HEALTH CARE SERVICES AND ADMINISTRATION; TO AMEND SECTIONS 27-69-3, 27-69-5, 27-69-7, 27-69-11, 27-69-13 AND 27-69-41, MISSISSIPPI CODE OF 1972, TO INCREASE THE EXCISE TAX ON CIGARETTES AND OTHER TOBACCO PRODUCTS; TO DEFINE THE TERMS "TOBACCO SETTLEMENT," "NONPARTICIPATING MANUFACTURER" AND "PARTICIPATING MANUFACTURER" FOR PURPOSES OF THE STATE TOBACCO TAX LAW; TO REQUIRE THAT CIGARETTE MANUFACTURERS PAY AN EQUITY ASSESSMENT OF TWO CENTS PER CIGARETTE ON ALL CIGARETTES SUBJECT TO THE CIGARETTE EXCISE TAX; TO PROVIDE THAT THE EQUITY ASSESSMENT SHALL BE INCREASED ANNUALLY BY THREE PERCENT OR THE INCREASE IN THE CONSUMER PRICE INDEX WHICHEVER IS GREATER; TO PROVIDE THAT CIGARETTE WHOLESALERS MUST PROVIDE CIGARETTE MANUFACTURERS MONTHLY REPORTS SETTING FORTH THE NUMBER OF CIGARETTES ON WHICH TOBACCO TAX STAMPS WERE AFFIXED DURING THE PRECEDING MONTH AND IDENTIFYING THOSE CIGARETTES BY MANUFACTURER, BRAND AND STYLE; TO PROVIDE A CREDIT AGAINST THE EQUITY ASSESSMENT FOR ANNUAL TOBACCO SETTLEMENT INSTALLMENTS MADE BY PARTICIPATING MANUFACTURERS; TO PROVIDE PENALTIES FOR THE FAILURE OF A CIGARETTE MANUFACTURER TO PAY THE EQUITY ASSESSMENT; TO PROVIDE PENALTIES FOR THE FAILURE OF A WHOLESALER TO PROVIDE INFORMATION TO A MANUFACTURER NECESSARY FOR THE MANUFACTURER TO COMPUTE THE EQUITY ASSESSMENT; TO AMEND SECTION 27-69-75, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REVENUE DERIVED FROM THE TAX INCREASES AND THE EQUITY ASSESSMENT PROVIDED FOR BY THIS ACT SHALL BE DEPOSITED INTO THE HEALTH CARE TRUST FUND UNTIL SUCH TIME AS THE STATE TREASURER DETERMINES THAT A TOTAL SUM EQUAL TO THE AMOUNT TRANSFERRED TO THE HEALTH CARE EXPENDABLE FUND UNDER THIS ACT HAS BEEN DEPOSITED INTO THE TRUST FUND, AND THEREAFTER THE REVENUE DERIVED FROM THE TAX INCREASES AND THE EQUITY ASSESSMENT SHALL BE DEPOSITED INTO THE SPECIAL FUND IN THE STATE TREASURY TO THE CREDIT OF THE GOVERNOR'S OFFICE-DIVISION OF MEDICAID; AND FOR RELATED PURPOSES."

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the Joint Rules of the House and the Senate, including all the deadlines and other provisions imposed by Joint Rule No. 40, are suspended for the purpose of requesting the drafting, and the introduction, consideration and passage, of a bill entitled "AN ACT TO AMEND SECTION 1-13-407, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN ADDITIONAL AMOUNT SHALL BE TRANSFERRED FROM THE HEALTH CARE TRUST FUND TO THE HEALTH CARE EXPENDABLE FUND IN FISCAL YEAR 2005; TO REQUIRE THAT THE ADDITIONAL AMOUNT TRANSFERRED TO THE HEALTH CARE EXPENDABLE FUND SHALL BE APPROPRIATED TO THE DIVISION OF MEDICAID FOR FISCAL YEAR 2005; TO PROVIDE THAT ALL MONIES TRANSFERRED FROM THE HEALTH CARE TRUST FUND MUST BE USED FOR HEALTH CARE SERVICES AND ADMINISTRATION; TO AMEND SECTIONS 27-69-3, 27-69-5, 27-69-7, 27-69-11, 27-69-13 AND 27-69-41, MISSISSIPPI CODE OF 1972, TO INCREASE THE EXCISE TAX ON CIGARETTES AND OTHER TOBACCO PRODUCTS; TO DEFINE THE TERMS "TOBACCO SETTLEMENT," "NONPARTICIPATING MANUFACTURER" AND "PARTICIPATING MANUFACTURER" FOR PURPOSES OF THE STATE TOBACCO TAX LAW; TO REQUIRE THAT CIGARETTE MANUFACTURERS PAY AN EQUITY ASSESSMENT OF TWO CENTS PER CIGARETTE ON ALL CIGARETTES SUBJECT TO THE CIGARETTE EXCISE TAX; TO PROVIDE THAT THE EQUITY ASSESSMENT SHALL BE INCREASED ANNUALLY BY THREE PERCENT OR THE INCREASE IN THE CONSUMER PRICE INDEX WHICHEVER IS GREATER; TO PROVIDE THAT CIGARETTE WHOLESALERS MUST PROVIDE CIGARETTE MANUFACTURERS MONTHLY REPORTS SETTING FORTH THE NUMBER OF CIGARETTES ON WHICH TOBACCO TAX STAMPS WERE AFFIXED DURING THE PRECEDING MONTH AND IDENTIFYING THOSE CIGARETTES BY MANUFACTURER, BRAND AND STYLE; TO PROVIDE A CREDIT AGAINST THE EQUITY ASSESSMENT FOR ANNUAL TOBACCO SETTLEMENT INSTALLMENTS MADE BY PARTICIPATING MANUFACTURERS; TO PROVIDE PENALTIES FOR THE FAILURE OF A CIGARETTE MANUFACTURER TO PAY THE EQUITY ASSESSMENT; TO PROVIDE PENALTIES FOR THE FAILURE OF A WHOLESALER TO PROVIDE INFORMATION TO A MANUFACTURER NECESSARY FOR THE MANUFACTURER TO COMPUTE THE EQUITY ASSESSMENT; TO AMEND SECTION 27-69-75, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REVENUE DERIVED FROM THE TAX INCREASES AND THE EQUITY ASSESSMENT PROVIDED FOR BY THIS ACT SHALL BE DEPOSITED INTO THE HEALTH CARE TRUST FUND UNTIL SUCH TIME AS THE STATE TREASURER DETERMINES THAT A TOTAL SUM EQUAL TO THE AMOUNT TRANSFERRED TO THE HEALTH CARE EXPENDABLE FUND UNDER THIS ACT HAS BEEN DEPOSITED INTO THE TRUST FUND, AND THEREAFTER THE REVENUE DERIVED FROM THE TAX INCREASES AND THE EQUITY ASSESSMENT SHALL BE DEPOSITED INTO THE SPECIAL FUND IN THE STATE TREASURY TO THE CREDIT OF THE GOVERNOR'S OFFICE-DIVISION OF MEDICAID; AND FOR RELATED PURPOSES."