HOUSE BILL No. 4980


     June 26, 1997, Introduced by Reps. Gilmer, Ciaramitaro, Johnson, Emerson, Bankes, Martinez, Crissman, Hammerstrom, Birkholz, Cassis, Gire, Bobier, Palamara, Schauer, Brater, LaForge, Schroer, McBryde and Godchaux and referred to the Committee on Appropriations.


        A bill to amend 1846 RS 12, entitled

   "Of certain state officers,"

   by amending section 33 (MCL 14.33), as amended by 1996 PA 563.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 33.  (1)  All moneys  EXCEPT AS OTHERWISE PROVIDED IN

 2    SUBSECTION (3), ALL MONEY received by the attorney general, for

 3    debts due, or penalties forfeited to the people of this state,

 4    shall be paid by him or her, immediately after receipt, into the

 5    state treasury.

 6         (2) Except as otherwise provided in  this section 

 7    SUBSECTIONS (1) AND (3), any proceeds from a lawsuit settlement

 8    entered into by a state agency, department, division, bureau,

 9    board, commission, council, authority, or other body in the

10    executive branch of state government or an individual acting on

11    behalf of the executive branch of state government as the result


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 1    of an action instituted on behalf of the state against a private

 2    individual or business or any other private organization shall be

 3    deposited into a restricted fund to be used as provided by law.

 4    In case of a conflict between this section and another state or

 5    federal law that requires allocation to a specific fund or

 6    account or for a specific purpose or purposes, that other state

 7    statute or federal law shall prevail.

 8         (3) ANY PROCEEDS FROM A LAWSUIT INITIATED BY OR SETTLEMENT

 9    AGREEMENT ENTERED INTO ON BEHALF OF THIS STATE AGAINST A MANUFAC-

10    TURER OF TOBACCO PRODUCTS BY THE ATTORNEY GENERAL SHALL BE CRED-

11    ITED TO THE HEALTHY MICHIGAN FUND CREATED UNDER SECTION 5953 OF

12    THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.5953, TO BE USED TO

13    IMPROVE THE HEALTH OF THE CITIZENS OF THIS STATE.  FROM THE PRO-

14    CEEDS CREDITED UNDER THIS SUBSECTION TO THE HEALTHY MICHIGAN FUND

15    CREATED UNDER SECTION 5953 OF THE PUBLIC HEALTH CODE, 1978 PA

16    368, MCL 333.5953, PRIORITY IN EXPENDITURE SHALL BE GIVEN TO BOTH

17    OF THE FOLLOWING:

18         (A) SMOKING CESSATION AND ANTITOBACCO ACTIVITIES WITH AN

19    EMPHASIS ON CHILDREN AND PREGNANT WOMEN.

20         (B) MATERNAL AND CHILD HEALTH INITIATIVES.

21         (4)  (3)  As used in this section, "proceeds" means a cash

22    settlement.  Proceeds does not include real property or stocks,

23    bonds, or other evidences of indebtedness unless these items are

24    to be converted into cash as part of the settlement or payments

25    to be made to a specifically designated party as a result of the

26    settlement of a contractual dispute between the state and a party

27    or parties to a contract with the state.



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