ARTICLE 2. Cigarette and Tobacco Products Surtax

30121. For purposes of this article:
(a) “Cigarettes” has the same meaning as in Section 30003 , as it read on January 1, 1988.
(b) “Tobacco products” includes, but is not limited to, a product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff, but does not include cigarettes.  Tobacco products shall also include electronic cigarettes.  Tobacco products shall not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where that product is marketed and sold solely for such approved use.  Tobacco products does not include any food products as that term is defined pursuant to Section 6359 .
(c) “Electronic cigarettes” means any device or delivery system sold in combination with nicotine which can be used to deliver to a person nicotine in aerosolized or vaporized form, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.  Electronic cigarettes include any component, part, or accessory of such a device that is used during the operation of the device when sold in combination with any liquid or substance containing nicotine.  Electronic cigarettes also include any liquid or substance containing nicotine, whether sold separately or sold in combination with any device that could be used to deliver to a person nicotine in aerosolized or vaporized form.  Electronic cigarettes do not include any device not sold in combination with any liquid or substance containing nicotine, or any battery, battery charger, carrying case, or other accessory not used in the operation of the device if sold separately.  Electronic cigarettes shall not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where that product is marketed and sold solely for such approved use.  As used in this subdivision, nicotine does not include any food products as that term is defined pursuant to Section 6359 .
(d) “Fund” means the Cigarette and Tobacco Products Surtax Fund created by Section 30122

30122. (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)

30123. (a) In addition to the tax imposed upon the distribution of cigarettes by this chapter, there shall be imposed upon every distributor a tax upon the distribution of cigarettes at the rate of twelve and one-half mills ($0.0125) for each cigarette distributed.
(b) There shall be imposed upon every distributor a tax upon the distribution of tobacco products, based on the wholesale cost of these products, at a tax rate, as determined annually by the State Board of Equalization, which is equivalent to the combined rate of tax imposed on cigarettes by subdivision (a) and the other provisions of this part.
(c) The wholesale cost used to calculate the amount of tax due under subdivision (b) does not include the wholesale cost of tobacco products that were returned by a customer during the same reporting period in which the tobacco products were distributed, when the distributor refunds the entire amount the customer paid for the tobacco products either in cash or credit.  For purposes of this subdivision, refund or credit of the entire amount shall be deemed to be given when the purchase price less rehandling and restocking costs is refunded or credited to the customer.  The amount withheld for rehandling and restocking costs may be a percentage of the sales price determined by the average cost of rehandling and restocking returned merchandise during the previous accounting cycle

30124. (a) With the exception of payments of refunds made pursuant to Article 1 (commencing with Section 30361 ) of Chapter 6, and reimbursement of the State Board of Equalization for expenses incurred in the administration and collection of the tax imposed by Section 30123 , pursuant to its powers vested by this part, all moneys raised pursuant to the taxes imposed by Section 30123 shall be deposited into the fund as provided in subdivision (b).
(b) Moneys shall be deposited in the fund according to the following formula:
(1) Twenty percent shall be deposited in the Health Education Account.
(2) Thirty-five percent shall be deposited in the Hospital Services Account.
(3) Ten percent shall be deposited in the Physician Services Account.
(4) Five percent shall be deposited in the Research Account.
(5) Five percent shall be deposited in the Public Resources Account.
(6) Twenty-five percent shall be deposited in the Unallocated Account.
(c) Any amounts appropriated from any account specified in subdivision (b) which is not encumbered within the period prescribed by law shall revert to the account from which it was appropriated.
(d) This section shall become operative July 1, 1996

30125. Funds expended pursuant to this article shall be used only for the purposes expressed in this article and shall be used to supplement existing levels of service and not to fund existing levels of service. The fund and accounts in the fund may be used for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code . The loans shall be repaid with interest from the General Fund at the Pooled Money Investment Account rate.

30126. The annual determination required of the State Board of Equalization pursuant to subdivision (b) of Section 30123 shall be made based on the wholesale cost of tobacco products as of March 1, and shall be effective during the state's next fiscal year.

30128. This article shall take effect on January 1, 1989.

30129. The tax imposed by Section 30123 shall be imposed on every cigarette and tobacco product in the possession or under the control of every dealer and distributor on and after 12:01 a.m. on January 1, 1989, pursuant to rules and regulations promulgated by the State Board of Equalization.
to rules and regulations promulgated by the State Board of Equalization

30130. This article may be amended only by vote of four-fifths of the membership of both houses of the Legislature. All amendments to this article must be consistent with its purposes.