LGC 12.12 - Don't Encourage Drug Use Act - STATUTE

[Adam Griffin]

This has been seen. I am considering all possibilities and will make a forthcoming decision.

[Adam Griffin]

I am personally quite conflicted on various elements in this bill: I am personally opposed to consumption taxes as a general rule of thumb, open to legal drug use and yet not opposed to "vice/excise taxes".

Based on consultation with the Speaker (since Lincoln seemingly overhauls its methods of operation every 1-2 years in dramatic fashion), I will be voting AYE to break this tie - with the understanding that I will be issuing a redraft of this legislation for the Council to consider. I will not sign into law this bill in its current configuration.

As such, I will author a redraft soon for the Council to evaluate.

[Adam Griffin]

I have thought long and hard about this. On one hand, I am against general consumption ("sales") taxes on necessary products. On the other hand, I have no issue with select excise taxes on vices - particularly when they apply to substances that have known negative health effects that incur costs for the entire population & that are disproportionately incurred by individuals who are otherwise incapable of contributing a proportionate share toward said long-term costs.

As such, my redraft of the Don't Encourage Drug Use Act is as follows:

Section I: NPC Recall Elections Act

1. LGC 1.11, NPC Recall Elections Act, is hereby repealed as NPC elections are no longer simulated.

Section II: Excise Tax Rates for Certain Products

1. LGC 11.40, the No Unjust Taxation Act, is hereby repealed.

2. An excise tax shall be applied or adjusted for the following substances and products:

   a. all substances and products containing tetrahydrocannabinol and/or any of its derivatives: 5%
   b. all substances and products containing caffeine: 5%
   c. all substances and products containing tobacco or nicotine: 15%
   d. all substances and products containing alcohol: 15%
   e. all substances and products in liquid form containing more than 1.7g of refined sugars or other carbohydrates
   per fluid ounce: 25%
   f. all substances and products containing cocaine, psilocybin, opiates or opioids, or amphetamines that are
   otherwise legal but purchased without a prescription: 25%
   g. all substances and products where multiple aforementioned substances are combined shall have a cumulative
   nominal excise tax applied and are not included in the excise tax cap provisions.

Section III: Excise Tax Cap

1. To avoid over-taxation on the products outlined in Section II-2a through II-2f, the above tax rates will be complementary with the federal budget, thus creating a tax cap that:

   a. if federal tax rates are higher than the Lincoln tax rate, the Lincoln rate shall not be applied.
   b. if federal tax rates are enacted, repealed, or adjusted, the Lincoln rate shall be adjusted accordingly.

Section IV: Stipulations

1. All provisions of this bill shall immediately go into effect upon passage.
2. No provisions of Section II-2g with respect to combined sugar or carbohydrate composition by fluid ounce shall apply to any individual restaurant or bar's specific menu-offered liquid alcoholic beverages that also contain a minimum of 4% ABV and that are offered "on tap", "by the drink" or otherwise as a single serving.

[Adam Griffin]

So y'all, it's important to evaluate all aspects of an amended bill before deciding to vote in its favor. Section IV-2 is now a redundant inclusion and the lettering within Section II should've been corrected. Presumably the latter is no big deal and can be adjusted without additional votes, but having obsolete segments remaining in a bill is bad practice.

Nevertheless, I will sign this in the hopes that such practices won't occur in the future and that an addition to a future bill to strike said portion will occur.

 

Section I: NPC Recall Elections Act

1. LGC 1.11, NPC Recall Elections Act, is hereby repealed as NPC elections are no longer simulated.

Section II: Excise Tax Rates for Certain Products

1. LGC 11.40, the No Unjust Taxation Act, is hereby repealed.

2. An excise tax shall be applied or adjusted for the following substances and products:

   a. all substances and products containing tetrahydrocannabinol and/or any of its derivatives: 5%
   b. all substances and products containing tobacco or nicotine: 15%
   c. all substances and products containing alcohol: 15%
   d. all substances and products containing cocaine, psilocybin, opiates or opioids, or amphetamines that are
   otherwise legal but purchased without a prescription: 25%
   e. all substances and products where multiple aforementioned substances are combined shall have a cumulative
   nominal excise tax applied and are not included in the excise tax cap provisions.

Section III: Excise Tax Cap

1. To avoid over-taxation on the products outlined in Section II-2a through II-2d, the above tax rates will be complementary with the federal budget, thus creating a tax cap that:

   a. if federal tax rates are higher than the Lincoln tax rate, the Lincoln rate shall not be applied.
   b. if federal tax rates are enacted, repealed, or adjusted, the Lincoln rate shall be adjusted accordingly.

Section IV: Stipulations

1. All provisions of this bill shall immediately go into effect upon passage.
2. No provisions of Section II-2e with respect to combined sugar or carbohydrate composition by fluid ounce shall apply to any individual restaurant or bar's specific menu-offered liquid alcoholic beverages that also contain a minimum of 4% ABV and that are offered "on tap", "by the drink" or otherwise as a single serving.

x Adam Griffin