An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2012 and June 30,2013
Maine Legislature, Session 125, LD 1746
Committee Amendment CA_A-HA_M_H975 (House)
Amends: 36 MRSA §4401, 36 MRSA §4403

HOUSE AMENDMENT "M " to COMMITTEE AMENDMENT "A" to S.P. 600, 
L.D. 1746, Bill, "An Act To Make Supplemental Appropriations and Allocations for the 
Expenditures of State Government and To Change Certain Provisions of the Law 
Necessary to the Proper Operations of State Government for the Fiscal Years Ending 
June 30, 2012 and June 30,2013" 
Amend the amendment by striking out all of Part G. 
Amend the amendment by inserting after Part HH the following: 
'PART II 
Sec. II-I. 36 MRS A §4401, sub-§l-B is enacted to read: 
I-B. Cigar. "Cigar" means a tobacco product that consists of: 
A. A roll of tobacco wrapped in leaf tobacco; or 
B. A roll of tobacco that is wrapped in a substance other than leaf tobacco and that is 
not defined as a cigarette under section 4361, subsection I-A or as a little cigar. 
Sec. 11-2. 36 MRSA §4401, sub-§§2-A and 2-B are enacted to read: 
2-A. Little cigar. "Little cigar" means a roll of tobacco that is wrapped in a 
reconstituted tobacco sheet or any other substance containing tobacco, other than whole 
leaf tobacco, that is not a cigarette as defined in section 4361, subsection I-A and that: 
A. Has a typical cigarette size and shape with a cellulose acetate or other cigarette-
type integrated filter; 
B. Is marketed in a traditional cigarette-type package or a package that bears a 
product designation or tax classification specified in 27 Code of Federal Regulations, 
Section 40.214(c) (2011); or 
C. Has a filler that consists primarily of flue-cured, burley, oriental or unfermented 
tobacco or any other material that yields the smoking characteristics of those 
tobaccos. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "/Y1,, to COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
2-B. 
Loose tobacco. 
"Loose tobacco" means any unwrapped tobacco sold or 
otherwise intended or expected to be smoked, including roll-your-own tobacco and pipe 
tobacco. 
Sec. 11-3. 36 MRSA §4401, sub-§§7-A and 7-B are enacted to read: 
7-A. 
Single-unit tobacco product. 
"Single-unit tobacco product" means any 
tobacco product other than cigarettes or cigars that is offered in discrete single-use 
tablets, lozenges, pouches, pills or other single-dose or single-use units or in packages of 
such single-use units. 
7-B. Smokeless tobacco. "Smokeless tobacco" means any finely cut, ground or 
powdered tobacco or blend containing tobacco that is intended for oral consumption 
without being combusted and that is not offered or consumed in individual single-dose 
tablets, lozenges, pills or other discrete single-use or single-dose units. 
Sec. 11-4. 36 MRS A §4403, sub-§l, as repealed and replaced by PL 2009, c. 213, 
Pt. H, § 1 and affected by §3, is repealed. 
Sec. 11-5. 36 MRSA §4403, sub-§l-A is enacted to read: 
I-A. Smokeless tobacco. Beginning October 1,2012, a tax is imposed: 
A. On amounts of smokeless tobacco packaged for sale to the consumer in a package 
that contains one ounce or more of smokeless tobacco at the rate of 100 mills per .036 
ounces of smokeless tobacco packaged for sale; and 
B. 
On smokeless tobacco packaged for sale to the consumer in a package that 
contains less than one ounce of smokeless tobacco at the rate of $2.00 per package. 
Sec. 11-6. 36 MRSA §4403, sub-§2, as amended by PL 2005, c. 627, §8, is 
repealed. 
Sec. 11-7. 36 MRSA §4403, sub-§2-A is enacted to read: 
2-A. Other tobacco. Beginning October 1, 2012, a tax is imposed on the following 
tobacco products at the following rates: 
A. On cigars with a retail price of $2.50 per cigar or more, 70% of the wholesale 
price; 
B. On cigars with a retail price ofless than $2.50 per cigar, $1.75 per cigar; 
C. On loose tobacco, 100 mills per .036 ounces; 
D. On little cigars, 100 mills per little cigar; and 
E. On single-unit tobacco products, 70% of the wholesale price. 
Sec. 11-8. 36 MRSA §4403, sub-§5 is enacted to read: 
5. Equivalence with cigarette tax. If the tax on cigarettes under chapter 703 is 
increased, the State Tax Assessor shall calculate a rate of tax on tobacco products under 
this section that is substantially equivalent to the tax on cigarettes. The assessor shall 
submit a bill to the Legislature at the earliest opportunity to amend this section to 
incorporate equivalent rates. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "M "to COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Sec. II-9. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
FHM - Bureau of Health 0953 
Initiative: Restores funding for the Fund for a Healthy Maine FHM - Bureau of Health 
program, Community School Grant account. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
FHM - Bureau of Health 0953 
Initiative: Allocates funds for the tobacco help line. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
FHM - Medical Care 0960 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
$2,239,616 
$2,239,616 
2012-13 
$100,000 
$100,000 
Initiative: Notwithstanding any other provision of law, adjusts funding by increasing 
funding in the Medical Care - Payments to Providers program and decreasing funding in 
the FHM - Medical Care program to reflect a redistribution of funding within the Fund 
for a Healthy Maine. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
FHM - Purchased Social Services 0961 
2011-12 
$0 
$0 
2012-13 
($3,936,231 ) 
($3,936,231 ) 
Initiative: Restores funding for child care services in the Fund for a Healthy Maine FHM 
- Purchased Social Services program. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
HOUSE AMENDMENT 
2012-13 
$1,596,615 
$1,596,615 
~o~'P 
HOUSE AMENDMENT "H "to COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Initiative: Restores funding for reimbursement for smoking cessation products. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
Medical Care - Payments to Providers 0147 
2012-13 
$430,000 
$430,000 
2012-13 
$740,705 
$740,705 
Initiative: Notwithstanding any other provision of law, adjusts funding by increasing 
funding in the Medical Care - Payments to Providers program and decreasing funding in 
the FHM - Medical Care program to reflect a redistribution of funding within the Fund 
for a Healthy Maine. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
FUND FOR A HEALTHY MAINE 
DEPARTMENT TOTAL - ALL FUNDS 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
$0 
$0 
2012-13 
$3,936,231 
$3,936,231 
2012-13 
$4,366,231 
$740,705 
$0 
$5,106,936 
Sec. 11-10. Effective date. Those sections of this Act that repeal the Maine 
Revised Statutes, Title 36, section 4403, subsections 1 and 2 and enact Title 36, section 
4403, subsections I-A and 2-A take effect October 1,2012.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "M" to COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
SUMMARY 
This amendment requires that all tobacco products be taxcd at rates equivalent to the 
current tax on cigarettes. 
The amendment provides funds for the operation of a help line to provide those 
tobacco users seeking to quit smoking a mechanism to do so. It also restores funding to 
the MaineCare tobacco cessation products benefit and provides partial restoration of 
funds to the Fund for a Healthy Maine FHM - Bureau of Health program, Community 
School Grant account to support those tobacco users seeking to quit smoking. It also 
provides partial restoration of funds to child care subsidies. 
FISCAL NOTE REQUIRED 
~(see 
attached) 
SPONSORED BY: ~ 
-;:Ha 
(Representative YOLK) 
TOWN: Scarborough 
HOUSE AMENDMENT 
" 
Revised: 05/15112 ;:!vac. 
LD 1746 
LR 2678(29) 
An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State 
Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of 
State Government for the Fiscal Years Ending June 30, 2012 and June 30, 2013 
Fiscal Note for House Amendment "M" to Committee Amendment "A" 
Sponsor: Rep. Yolk of Scarborough 
Fiscal Note Req(Iired: Yes 
Fiscal Ncte 
Projections 
Projections 
FY 2;/U-12 
FY 2012-13 
FY 2013-14 
FY 2014-15 
Net Cost (Savings) 
General Fund 
$0 
$0 
($1,933,213) 
($1,996,102) 
Fund for a Healthy Maine 
$0 
$0 
$0 
$0 
Appropriations/Allocations 
General Fund 
$0 
$4,366,231 
$4,366,231 
$4,366,231 
Federal Expenditures Fund 
$0 
$740,705 
$740,705 
$740,705 
Fund for a Healthy Maine 
$0 
$0 
$0 
$0 
Revenue 
General Fund 
$0 
$4,366,231 
$6,299,444 
$6,362,333 
Other Special Revenue Funds 
$0 
$10,630 
$15,637 
$15,793 
Fund Detail by Section 
Appropriations/Allocations 
General Fund 
PART II, Section 1 
$0 
$4,366,231 
$4,366,231 
$4,366,231 
Federal Expenditures Fund 
PART II, Section 1 
$0 
$740,705 
$740,705 
$740,705 
Fund for a Healthy Maine 
PART II, Section 1 
$0 
$0 
$0 
$0 
Revenue 
General Fund 
$0 
$4,366,231 
$6,299,444 
$6,362,333 
Other Special Revenue Funds 
$0 
$10,630 
$15,637 
$15,79~ 
Fiscal Detail and Notes 
This amendment has no net impact on the General Fund or the Fund for a Healthy Maine in fiscal year 2012-13 and a 
balanced budget is maintained for the 2012-20l3 biennium. 
LR2678(29) - Fiscal Note - Page 1 of 1