PRINTER'S NO. 1040
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 19890S0911B1040 - 2 -
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 19890S0911B1040 - 3 -
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. B6L35RDG/19890S0911B1040 - 5 -