An Act to Protect the Fund for a Healthy Maine
Maine Legislature, Session 131, LD 2249
Committee: Health and Human Services
Amends: 22 MRSA §1511, 36 MRSA §4381, 36 MRSA §4403

Legislative Document
No. 2249
S.P. 969
In Senate, March 5, 2024
An Act to Protect the Fund for a Healthy Maine
Reported by Senator BALDACCI of Penobscot for the the Joint Standing Committee on 
Health and Human Services pursuant to Resolve 2023, chapter 100, section 7.
Reference to the Committee on Health and Human Services suggested and ordered printed 
pursuant to Joint Rule 218.
DAREK M. GRANT
Secretary of the Senate
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1511, sub-§2, as enacted by PL 1999, c. 401, Pt. V, §1, is 
amended to read:
2.  Sources of fund.  The State Controller shall credit to the fund:
A.  All money received by the State in settlement of or in relation to the lawsuit State 
of Maine v. Philip Morris, et al., Kennebec County Superior Court, Docket No. 
CV-97-134;
B.  Money from any other source, whether public or private, designated for deposit into 
or credited to the fund; and
C.  Interest earned or other investment income on balances in the fund.;
D.  Money received from the cigarette tax pursuant to Title 36, section 4381; and
E.  Money received from the tax on tobacco products pursuant to Title 36, section 4403.
Sec. 2.  36 MRSA §4381 is amended to read:
§4381.  Tax credited to General Fund Application of cigarette tax revenue
The revenue derived from the tax imposed by this chapter shall must be credited to the 
General Fund of the State. applied as follows:
1.  Fund for a Healthy Maine.  To the extent that the funds described in Title 22, 
section 1511, subsection 2, paragraphs A to C are insufficient to cover budgeted allocations 
for the purposes described in Title 22, section 1511, subsection 6, revenue must be credited 
to the Fund for a Healthy Maine established by Title 22, section 1511; and
2.  General Fund.  The balance of revenue after the credit made under subsection 1 
must be credited to the General Fund.
Sec. 3.  36 MRSA §4403, sub-§6 is enacted to read:
6.  Application of revenue.  The revenue derived from the tax imposed by this section 
must be applied as follows:
A.  To the extent that the funds described in Title 22, section 1511, subsection 2, 
paragraphs A to D are insufficient to cover budgeted allocations for the purposes 
described in Title 22, section 1511, subsection 6, revenue must be credited to the Fund 
for a Healthy Maine established by Title 22, section 1511; and
B.  The balance of revenue after the credit made under paragraph A must be credited 
to the General Fund.
SUMMARY
This bill, which is reported out by the Joint Standing Committee on Health and Human 
Services pursuant to Resolve 2023, chapter 100, section 7, directs funds from the cigarette 
tax and the tobacco products tax to the Fund for a Healthy Maine.  Under the bill, tax 
revenue from the cigarette tax is applied to the Fund for a Healthy Maine only if Master 
Settlement Agreement funds and other sources are insufficient to cover budgeted 
allocations, and the tobacco products tax revenue is applied to the Fund for a Healthy Maine 
only if the cigarette tax revenue is insufficient to cover any remaining budgeted allocations.