Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2014
 

Cigarette and Tobacco Products Tax Law

CHAPTER 2. IMPOSITION OF TAX.

Article 2. Cigarette and Tobacco Products Surtax1

Section 30122

30122. Cigarette and Tobacco Products Surtax Fund. (a) The Cigarette and Tobacco Products Surtax Fund is hereby created in the State Treasury. The fund shall consist of all revenues deposited therein pursuant to this article. Moneys in the fund may only be appropriated for the following purposes:

(1) Tobacco-related school and community health education programs.

(2) Tobacco-related disease research.

(3) Medical and hospital care and treatment of patients who cannot afford to pay for those services, and for whom payment will not be made through any private coverage or by any program funded in whole by the federal government.

(4) Programs for fire prevention; environmental conservation; protection, restoration, enhancement, and maintenance of fish, waterfowl, and wildlife habitat areas; and enhancement of state and local park and recreation purposes.

(b) The fund consists of six separate accounts, as follows:

(1) The Health Education Account, which shall only be available for appropriation for programs for the prevention and reduction of tobacco use, primarily among children, through school and community health education programs. Revenues from the Health Education Account shall not be used to match federal funds for any purpose.

(2) The Hospital Services Account, which shall only be available for appropriation for payment to public and private hospitals licensed pursuant to subdivision (a) of Section 1250 of the Health and Safety Code for the treatment of hospital patients who cannot afford to pay for that treatment and for whom payment for hospital services will not be made through private coverage or by any program funded in whole by the federal government.

(3) The Physician Services Account, which shall only be available for appropriation for payment to physicians for services to patients who cannot afford to pay for those services, and for whom payment for physician services will not be made through private coverage or by any program funded in whole by the federal government.

(4) The Research Account, which shall only be available for appropriation for tobacco-related disease research. Revenues from the Public Research Account shall not be used to match federal funds for any purpose. (5) The Public Resources Account, which shall only be available for appropriation in equal amounts for both of the following:

(A) Programs to protect, restore, enhance, or maintain fish, waterfowl, and wildlife habitat on an equally funded basis.

(B) Programs to enhance state and local park and recreation resources.

(6) The Unallocated Account, which shall be available for appropriation for any purpose specified in subdivision (a).

History.—Stats. 2005, Ch. 14 (SB 88), in effect June 17, 2005, deleted "or in part" after "funded in whole" in subdivisions (a)(3), (b)(2), and (b)(3); added last sentence to subdivision (b)(1) which provides that "Revenues from the Health Education Account shall not be used to match federal funds for any purpose", and added last sentence to subdivision (b)(4) which provides "Revenues from the Public Research Account shall not be used to match federal funds for any purpose."

Note.—SEC. 4. of Stats. 2005, Ch. 14 (SB 88), in effect June 17, 2005, states, "Section 2 of this act shall be applied with respect to the entire 2004–05 fiscal year and for each fiscal year following that fiscal year."

Note.—SEC. 5. of Stats. 2005, Ch. 14 (SB 88), in effect June 17, 2005, states, "No program or service funded through the Budget Act of 2004 that receives funding from the Physicians Services Account, the Hospital Services Account, or the Unallocated Account of the Cigarette and Tobacco Products Surtax Fund shall be adversely affected by the receipt of federal funding as a result of the implementation of this act."

1Article 2 adopted by voters, Prop 99 Sec. 4, in effect January 1, 1989.