PRINTER'S NO. 83

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 82 Session of 1981


        INTRODUCED BY FREIND, JANUARY 19, 1981

        REFERRED TO COMMITTEE ON FINANCE, JANUARY 19, 1981

                                     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 (P.L.746, No.139), is amended to
    10  read:
    11     Section 204.  Exemptions from Tax.--(a)  No tax imposed by
    12  this act shall be levied upon the possession or sale of
    13  cigarettes which this Commonwealth is prohibited from taxing
    14  under the Constitution or statutes of the United States. In
    15  addition, when the seller and purchaser have registered with the
    16  department and have obtained exemption certificates in
    17  accordance with such regulations as the department shall
    18  prescribe, the following sales are exempt:


     1     (1)  Sales to veterans' organizations approved by the
     2  department, if the cigarettes are being purchased by the
     3  organization for gratuitous issue to veteran patients in
     4  Federal, State or State-aided hospitals;
     5     (2)  Sales to voluntary unincorporated organizations of
     6  military forces personnel operating under regulations
     7  promulgated by the United States Secretary of Defense or
     8  departments under his jurisdiction;
     9     (3)  Sales to retail dealers located in Veterans'
    10  Administration hospitals for sales to patients in such
    11  hospitals.
    12     [(4)  Sales to retail dealers in institutions under the
    13  jurisdiction of the United States Department of Justice for
    14  sales to persons incarcerated in such institutions.]
    15     * * *
    16     Section 2.  This act shall take effect in 30 days.










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