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                                                      PRINTER'S NO. 1040

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 911 Session of 1989


        INTRODUCED BY JONES, SHUMAKER, WILLIAMS, BELL, REIBMAN,
           JUBELIRER, O'PAKE, HELFRICK, PORTERFIELD, FUMO, DAWIDA,
           STOUT, SALVATORE, AFFLERBACH, RHOADES, ANDREZESKI, BELAN,
           ARMSTRONG, SHAFFER, PETERSON, FATTAH, MELLOW, STAPLETON,
           STEWART, BODACK, SCANLON, LEWIS, BRIGHTBILL, WILT, REGOLI,
           WENGER, ROCKS, GREENWOOD, CORMAN, LYNCH, HOPPER, LINCOLN,
           LOEPER, PECORA, MADIGAN, ROSS, MUSTO, GREENLEAF, LEMMOND,
           HESS, FISHER AND PUNT, MAY 9, 1989

        REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 9, 1989

                                     AN ACT

     1  Authorizing the Department of Health, along with the Department
     2     of Revenue, to establish a program which allows taxpayers in
     3     this Commonwealth to contribute a portion of their tax
     4     payments or refunds to a special fund established to prevent
     5     substance abuse among certain school-age children.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8  Section 1.  Short title.
     9     This act shall be known and may be cited as the Drug and
    10  Alcohol Abuse Prevention Fund Act.
    11  Section 2.  Legislative findings and purpose.
    12     (a)  Legislative findings.--The General Assembly finds as
    13  follows:
    14         (1)  Drug and alcohol abuse has become a serious threat
    15     to the public health and general welfare of the citizens of
    16     this Commonwealth and a special threat to the children.


     1         (2)  Drug and alcohol abuse prevention programs for
     2     school-age children are a critical part of the Commonwealth's
     3     campaign against substance abuse.
     4         (3)  It is the goal of this Commonwealth to expand drug
     5     and alcohol abuse prevention programs to all grade levels in
     6     all school districts.
     7         (4)  It is also the goal of this Commonwealth to develop
     8     and expand drug and alcohol abuse prevention programs for
     9     high school dropouts.
    10     (b)  Purpose.--It is the purpose of this act to encourage the
    11  citizens of this Commonwealth to financially assist the
    12  Commonwealth in meeting the goal of developing and expanding
    13  drug and alcohol abuse prevention programs for school-age
    14  children by providing taxpayers with a simple means of
    15  contributing a portion of their State income tax refund to a
    16  special fund established for such prevention programs.
    17  Section 3.  Definitions.
    18     The following words and phrases when used in this act shall
    19  have the meanings given to them in this section unless the
    20  context clearly indicates otherwise:
    21     "Department."  The Department of Health of the Commonwealth.
    22     "Fund."  The Drug and Alcohol Abuse Prevention Fund created
    23  under section 5.
    24     "Office of Drug and Alcohol Programs."  The Office of Drug
    25  and Alcohol Programs in the Department of Health.
    26     "School-age children."  Children 4 through 18 years of age,
    27  regardless of whether they are enrolled in school.
    28     "Single-county authority."  The agency designated by the
    29  local authorities in a county or counties to plan, fund and
    30  administer drug and alcohol treatment, prevention and
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     1  intervention activities in that county or those counties.
     2  Section 4.  Voluntary contribution system.
     3     (a)  Contribution on tax form.--The Department of Revenue
     4  shall provide a space on the face of the Pennsylvania individual
     5  income tax return form whereby an individual may voluntarily
     6  designate a contribution of any amount desired to the fund
     7  established under section 5.
     8     (b)  Deduction.--The amount so designated by an individual on
     9  the income tax return form shall be deducted from the tax refund
    10  to which the individual is entitled and shall not constitute a
    11  charge against the income tax revenues due the Commonwealth.
    12     (c)  General Fund transfer.--The Department of Revenue shall
    13  determine annually the total amount designated pursuant to this
    14  section and shall report such amount to the State Treasurer, who
    15  shall transfer such amount from the General Fund to the fund.
    16     (d)  List of contributions by county.--The Department of
    17  Revenue shall total the amounts contributed to the fund by
    18  county according to the county of residence of the
    19  taxpayer/contributor and shall provide a list of the total
    20  contributions by county to the Office of Drug and Alcohol
    21  Programs.
    22     (e)  Information to taxpayers.--The Department of Revenue
    23  shall provide adequate information concerning the fund in its
    24  instructions which accompany State income tax return forms,
    25  which shall include the listing of an address, furnished to it
    26  by the department, to which contributions may be sent by those
    27  taxpayers wishing to contribute to the fund but who do not
    28  receive refunds. The Department of Revenue shall also insert a
    29  statement in its instructions informing taxpayers that the money
    30  they contribute to the fund will only be used for drug and
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     1  alcohol abuse prevention programs in their county of residence,
     2  except where a single-county authority covers more than one
     3  county.
     4     (f)  Applicability.--This section shall apply to the tax year
     5  ending December 31, 1989.
     6  Section 5.  Drug and Alcohol Abuse Prevention Fund.
     7     (a)  Creation of fund.--In order to carry out the purposes of
     8  this act, there is hereby created in the State Treasury a
     9  special fund, which shall be known as the Drug and Alcohol Abuse
    10  Prevention Fund.
    11     (b)  Deposit of funds.--All moneys received from the
    12  voluntary contribution system established in section 4 shall be
    13  deposited in the fund.
    14     (c)  Appropriations.--The General Assembly may, from time to
    15  time, appropriate moneys to the fund for the purposes of this
    16  act.
    17     (d)  Continuous appropriation.--The moneys contained in the
    18  fund shall be continuously appropriated to the department for
    19  the purposes set forth in section 6.
    20  Section 6.  Use and distribution of fund moneys.
    21     The moneys contained in the fund shall be used solely for
    22  drug and alcohol prevention activities aimed at school-age
    23  children. Fund moneys shall be distributed by the Office of Drug
    24  and Alcohol Programs as grants to school districts or single-
    25  county authorities for the establishment or expansion of
    26  prevention activities or programs. The total grant amounts
    27  awarded to school districts and single-county authorities in any
    28  given county shall equal the total contributed by residents of
    29  that county as determined by the Department of Revenue pursuant
    30  to section 4(d), except where the grantee is a single-county
    19890S0911B1040                  - 4 -

     1  authority that covers more than one county, in which case the
     2  total shall equal the combined totals contributed by the
     3  residents of those counties covered by the single-county
     4  authority.
     5  Section 7.  Coordination with Department of Education.
     6     The Office of Drug and Alcohol Programs shall seek the advice
     7  of the Department of Education in making funding decisions under
     8  this act and shall in other ways seek to coordinate its
     9  activities under this act with the drug and alcohol abuse
    10  prevention activities of the Department of Education.
    11  Section 8.  Repeals.
    12     Section 12 of the act of June 23, 1982 (P.L.597, No.170),
    13  known as the Wild Resource Conservation Act, is repealed insofar
    14  as it is inconsistent with this act.
    15  Section 8.  Effective date.
    16     This act shall take effect immediately.










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