SENATE AMENDED
PRIOR PRINTER'S NO. 2077 PRINTER'S NO. 4762
No. 1649 Session of 2005
INTRODUCED BY TRUE, BEBKO-JONES, HICKERNELL, BOYD, THOMAS,
BISHOP, BARRAR, BELARDI, BUXTON, CALTAGIRONE, CAPPELLI,
CRAHALLA, CREIGHTON, DALEY, DeLUCA, FABRIZIO, FICHTER,
FRANKEL, GEORGE, GERGELY, GOOD, HARHART, JAMES, JOSEPHS,
KENNEY, LEACH, MACKERETH, MANDERINO, MANN, McILHATTAN,
NAILOR, PETRONE, PHILLIPS, RAPP, REICHLEY, ROEBUCK, ROSS,
RUBLEY, SCHRODER, SHANER, SIPTROTH, STABACK, STERN, STURLA,
SURRA, TANGRETTI, E. Z. TAYLOR, TURZAI, WATSON, YOUNGBLOOD,
GEIST, WRIGHT, CIVERA, VEON, ALLEN, PISTELLA, M. KELLER,
MUNDY, YUDICHAK AND GINGRICH, JUNE 7, 2005
SENATOR CORMAN, PUBLIC HEALTH AND WELFARE, IN SENATE, AS
AMENDED, OCTOBER 16, 2006
AN ACT
1 Establishing the Drug and Alcohol Treatment and Prevention Fund;
2 and providing for the deposit of a portion of the liquor tax
3 into the fund and for use of fund.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Drug and
8 Alcohol Treatment and Prevention Fund Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Fund." The Drug and Alcohol Treatment and Prevention Fund
1 established in section 3 (relating to establishment of special
2 fund).
3 "Liquor tax." The tax imposed in accordance with the act of
4 June 9, 1936 (1st Sp.Sess., P.L.13, No.4), entitled "An act
5 imposing an emergency State tax on liquor, as herein defined,
6 sold by the Pennsylvania Liquor Control Board; providing for the
7 collection and payment of such tax; and imposing duties upon the
8 Department of Revenue and the Pennsylvania Liquor Control
9 Board."
10 "Liquor tax rate." The rate of tax imposed pursuant to
11 section 2 of the act of June 9, 1936 (1st Sp.Sess., P.L.13,
12 No.4), entitled "An act imposing an emergency State tax on
13 liquor, as herein defined, sold by the Pennsylvania Liquor
14 Control Board; providing for the collection and payment of such
15 tax; and imposing duties upon the Department of Revenue and the
16 Pennsylvania Liquor Control Board."
17 Section 3. Establishment of special fund.
18 The Drug and Alcohol Treatment and Prevention Fund is hereby
19 established as a special fund in the State Treasury. The moneys
20 of the fund are hereby appropriated on a continuing basis to
21 carry out the provisions of this act.
22 Section 4. Deposit of revenues.
23 All revenues received by the Commonwealth pursuant to the
24 imposition of the liquor tax shall be deposited by the
25 Department of Revenue as follows:
26 (1) The revenues derived from the first 13.407 13 <--
27 percentage points of the liquor tax rate shall be deposited
28 in the Drug and Alcohol Treatment and Prevention Fund.
29 (2) The remainder shall be deposited in the General
30 Fund.
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1 Section 5. Use of fund.
2 (a) Annual report.--The Governor shall report on the fund in
3 the annual budget which shall include the amounts allocated to
4 each program.
5 (b) Allocations.--
6 (1) The moneys of the fund shall be allocated in
7 accordance with the percentages set forth in paragraph (2)
8 based on actual liquor tax revenues that were required to be
9 deposited in the fund for the immediately preceding fiscal
10 year. For the first fiscal year to which this act applies,
11 the allocations from the fund shall be based on the revenues
12 that would have been deposited in the fund had the division
13 of revenues required under section 4 (relating to deposit of
14 revenues) been in effect for the immediately preceding fiscal
15 year.
16 (2) The allocations from the fund pursuant to paragraph
17 (1) shall be as follows:
18 (i) 11.754% 11.276% shall be allocated to the <--
19 Department of Public Welfare to provide for a continuum
20 of alcohol and drug detoxification and rehabilitation
21 services to persons eligible for medical assistance
22 pursuant to section 2334 of the act of April 9, 1929
23 (P.L.177, No.175), known as The Administrative Code of
24 1929.
25 (ii) 28.443% 27.289% shall be allocated to the <--
26 Department of Public Welfare for behavioral health
27 services for individuals affected by eligibility changes
28 for the general assistance medically needy only program
29 based on section 442.1 of the act of June 13, 1967
30 (P.L.31, No.21), known as the Public Welfare Code.
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1 (iii) 24.994% 25.671% shall be allocated to the <--
2 Department of Health to distribute to single county
3 authorities for the provision of drug and alcohol
4 services to include prevention, treatment, intervention
5 and case management.
6 (iv) 10.234% 9.819% shall be allocated to the <--
7 Governor for the Pennsylvania Commission on Crime and
8 Delinquency to provide drug and alcohol treatment-based
9 restrictive intermediate punishment programs. The
10 allocation under this paragraph shall be expended on
11 programs that treat only offenders who fall under 204 Pa.
12 Code § 303.11(b)(3) or (4) (relating to guideline
13 sentence recommendations: sentencing levels).
14 (v) 24.575% 25.945% shall be allocated to the <--
15 Department of Corrections to provide comprehensive drug
16 and alcohol treatment to the inmate population including
17 assessment, education, intensive treatment and aftercare.
18 (c) Lapses.--Lapses from moneys provided for a program under
19 this section shall be reallocated to that department or
20 commission and program specified in subsection (b) for use in
21 succeeding years.
22 (D) PRO RATA CALCULATION.--IF THE DEPOSITS IN THE FUND ARE <--
23 INSUFFICIENT TO ALLOCATE THE AMOUNTS CALCULATED UNDER SUBSECTION
24 (B) IN A FISCAL YEAR, EACH PROGRAM SPECIFIED UNDER SUBSECTION
25 (B) SHALL BE ALLOCATED A PRO RATA SHARE OF THE FUNDS AVAILABLE.
26 (E) TRANSFER TO GENERAL FUND.--ANY BALANCE IN THE FUND WHICH
27 REMAINS UNALLOCATED AFTER THE APPLICATION OF SUBSECTIONS (B),
28 (C) AND (D) SHALL BE TRANSFERRED TO THE GENERAL FUND ON OR
29 BEFORE JUNE 30 OF EACH FISCAL YEAR.
30 (F) LOANS FROM THE GENERAL FUND.--
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1 (1) WHENEVER THE GOVERNOR SHALL ASCERTAIN THAT THE CASH
2 BALANCE AND THE ESTIMATED CASH FLOW OF THE FUND SHALL BE
3 INSUFFICIENT AT ANY TIME DURING THE FISCAL YEAR TO PROVIDE AN
4 ALLOCATION DETERMINED UNDER THIS SECTION, THE STATE TREASURER
5 IS HEREBY AUTHORIZED AND DIRECTED TO TRANSFER TO THE FUND
6 FROM THE GENERAL FUND SUCH SUMS AS THE GOVERNOR SHALL DIRECT.
7 ANY SUM SO TRANSFERRED SHALL BE AVAILABLE FOR THE PURPOSES OF
8 THIS ACT.
9 (2) AN AMOUNT EQUAL TO THAT TRANSFERRED UNDER PARAGRAPH
10 (1) SHALL BE RETRANSFERRED TO THE GENERAL FUND AT SUCH TIME
11 AS THE GOVERNOR MAY DIRECT, BUT IN NO EVENT LATER THAN THE
12 LAST DAY OF THE FISCAL YEAR IN WHICH THE ORIGINAL TRANSFER
13 WAS MADE.
14 (3) TRANSFERS UNDER THIS SUBSECTION SHALL BE MADE UPON
15 THE WARRANT OF THE STATE TREASURER UPON REQUISITION OF THE
16 GOVERNOR.
17 Section 6. Repeals.
18 All acts and parts of acts are repealed insofar as they are
19 inconsistent with this act.
20 Section 7. Applicability.
21 This act shall apply to the fiscal year beginning after the
22 effective date of this section and to each fiscal year
23 thereafter.
24 Section 8. Effective date.
25 This act shall take effect immediately.
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