September 10, 2015, Introduced by Senators MACGREGOR and SCHMIDT and referred to the Committee on Commerce.
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, 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, the information will be consolidated to include all
agreements with Indian tribes' information 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 tobacco
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 solely as a result of the
NPM adjustment settlement agreement.