SB-0473, As Passed House, March 2, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 473

     A bill to amend 1993 PA 327, entitled

"Tobacco products tax act,"

(MCL 205.421 to 205.436) by adding section 6e.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 6e. (1) Notwithstanding any law to the contrary, the

department shall, upon request of the attorney general, disclose to

the attorney general, or his or her designee, information obtained

by the department that is relevant to the enforcement of the

tobacco product manufacturers' escrow accounts act, 1999 PA 244,

MCL 445.2051 to 445.2052. However, with regard to information

received pursuant to any tax agreement entered into between this

state and any Indian tribe, that includes limitations on disclosure

of such information in addition to, or in lieu of, those contained

in statute, the information provided under this section shall be

consolidated to include all information received pursuant to such

agreements with Indian tribes so as not to enable a person to

ascertain any 1 Indian tribe's information. The department and the

attorney general or his or her designee, except as provided in this

subsection, may disclose information provided under this section

that may otherwise be confidential if 1 or more of the following

apply:

     (a) In discharge of the duty to enforce or defend the

provisions of this act or the tobacco product manufacturers' escrow

accounts act, 1999 PA 244, MCL 445.2051 to 445.2052.

     (b) In the course of any litigation, arbitration, or

proceeding related to the tobacco product manufacturers' escrow

accounts act, 1999 PA 244, MCL 445.2051 to 445.2052, the master

settlement agreement, or the NPM adjustment settlement agreement.

     (c) In complying with provisions in the NPM adjustment

settlement agreement related to a data clearinghouse.

     (2) Tobacco product sales data provided by another state, a

manufacturer, or other person or entity to a data clearinghouse

pursuant to the NPM adjustment settlement agreement that is also

provided to the department pursuant to that agreement shall be

treated as confidential tax information subject to section 28 of

1941 PA 122, MCL 205.28. This subsection only applies to

information received by the department as a result of the NPM

adjustment settlement agreement.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.