An Act To Provide Health Coverage for Smokers Who SutTer from Smoking-related Illnesses
Maine Legislature, Session 121, LD 0684
Committee: Taxation
Sponsors: JOY, BLANCHETTE, CARR, DUPREY, GOODWIN, JACKSON
Amends: 36 MRSA §4381, 36 MRSA §4384

Legislative Document 
No. 684 
H.P.501 
House of Representatives, February 14, 2003 
An Act To Provide Health Coverage for Smokers Who SutTer from 
Smoking-related Illnesses 
Reference to the Committee on Taxation suggested and ordered printed. 
Presented by Representative JOY of Crystal. 
7Y/~ 
'1J? 7lldi:~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BLANCHETTE of Bangor, CARR of Lincoln, DUPREY of 
Medway, GOODWIN of Pembroke, JACKSON of Fort Kent. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 36 MRSA §4381 is amended to read: 
§438l. Tax credited to General Fund 
The revenue derived from the tax imposed by this chapter 
sHall-ee is credited to the General fund of the State, except for 
40% of the revenue, which is credited to the smoker illness fund 
established in section 4384, subsection 3. 
Sec. 2. 36 MRSA §4384 is enacted to read: 
§4384. 
Smoker illness program 
1. 
Smoker illness program. 
There is established a smoker 
illness program to provide health coverage to eligible tobacco 
smokers for smoking-related diseases. 
The Department of Human 
Services shall administer the program. 
2. 
Eligibility. 
A person 
is eligible 
for 
the 
smoker 
illness 
program 
if 
the 
person 
contributes 
to 
the 
fund 
in 
subsection 3 through the purchase of tobacco products in the 
State. 
An illness of the person is eligible for coverage if the 
illness is smoking related. 
3. 
Smoker illness fund. 
There is established the smoker 
illness fund to carry out the purposes of the smoker illness 
program under this section. 
The smoker illness fund consists of 
40% of the proceeds of the tax levied in this chapter and chapter 
704. 
The 
Department of 
Human 
Services shall administer 
the 
smoker illness fund. 
Eligible investment earnings credited to 
the assets of the smoker illness fund become part of the assets 
of that fund. 
Any balance remaining in the smoker illness fund 
at the end of any fiscal year does not lapse but must be carried 
forward for the next fiscal year. 
4. 
Publicity 
and 
marketing. 
The 
Department 
of 
Human 
Services shall actively seek to enroll eligible persons into the 
smoker illness program by advertising and marketing the program 
and working in conjunction with licensed distributors of tobacco. 
5. 
Rulemaking. 
The 
Department of 
Human 
Services shall 
adopt rules to administer the smoker illness program, including 
procedures 
for 
application 
to 
the 
program, 
verifying 
the 
eligibility of applicants, verifying the illnesses of applicants, 
methods of health coverage and disbursements 
from the 
smoker 
illness fund. 
Rules adopted pursuant to this section are major 
substantive rules pursuant to Title 5, chapter 375, subchapter 
2-A. 
Page l-LRl094(1) 
Sec. 3. 36 MRSA *4403, sub-§5 is enacted to read: 
5. 
Disposition of tax. 
The revenue derived from the tax 
imposed by this chapter is credited to the General Fund of the 
State, except for 
40o~ of the revenue, which is credited to the 
smoker illness fund established in section 4384, subsection 3. 
SUMMARY 
This bill creates 
a 
smoker illness program and 
a 
smoker 
illness fund with the purpose of providing coverage to smokers 
for smoking-related illnesses. 
The fund will consist of 40 q" of 
the revenue derived from the cigarette tax. 
This program and 
fund will be administered by the Department of Human Services.