PRINTER'S NO. 219

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 207 Session of 1979


        INTRODUCED BY FREIND, FEBRUARY 6, 1979

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 7, 1979

                                     AN ACT

     1  Amending the act of July 22, 1970 (P.L.513, No.178), entitled
     2     "An act imposing a tax on the sale or possession of
     3     cigarettes and providing penalties," removing an exemption
     4     from taxation.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Subsection (a) of section 204, act of July 22,
     8  1970 (P.L.513, No.178), known as the "Pennsylvania Cigarette Tax
     9  Act," amended July 7, 1978 (No.139), is amended to read:
    10     Section 204.  Exemptions from Tax.--(a)  No tax imposed by
    11  this act shall be levied upon the possession or sale of
    12  cigarettes which this Commonwealth is prohibited from taxing
    13  under the Constitution or statutes of the United States. In
    14  addition, when the seller and purchaser have registered with the
    15  department and have obtained exemption certificates in
    16  accordance with such regulations as the department shall
    17  prescribe, the following sales are exempt:
    18     (1)  Sales to veterans' organizations approved by the
    19  department, if the cigarettes are being purchased by the


     1  organization for gratuitous issue to veteran patients in
     2  Federal, State or State-aided hospitals;
     3     (2)  Sales to voluntary unincorporated organizations of
     4  military forces personnel operating under regulations
     5  promulgated by the United States Secretary of Defense or
     6  departments under his jurisdiction;
     7     (3)  Sales to retail dealers located in Veterans'
     8  Administration hospitals for sales to patients in such
     9  hospitals.
    10     [(4)  Sales to retail dealers in institutions under the
    11  jurisdiction of the United States Department of Justice for
    12  sales to persons incarcerated in such institutions.]
    13     * * *
    14     Section 2.  This act shall take effect in 30 days.











    A11L61ACVV/19790H0207B0219       - 2 -