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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY K. SMITH, BRENNAN, CALTAGIRONE, D. COSTA, DeWEESE, GIBBONS, JOHNSON, JOSEPHS, KULA, LONGIETTI, MALONEY, MANN, McGEEHAN, MURT, M. O'BRIEN, PASHINSKI, PAYTON AND WAGNER, APRIL 25, 2011 |
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| REFERRED TO COMMITTEE ON APPROPRIATIONS, APRIL 25, 2011 |
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| AN ACT |
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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 |
14 | established in section 3. |
15 | "Liquor tax." The tax imposed in accordance with the act of |
16 | June 9, 1936 (1st Sp.Sess., P.L.13, No.4), entitled "An act |
17 | imposing an emergency State tax on liquor, as herein defined, |
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1 | sold by the Pennsylvania Liquor Control Board; providing for the |
2 | collection and payment of such tax; and imposing duties upon the |
3 | Department of Revenue and the Pennsylvania Liquor Control |
4 | Board." |
5 | "Liquor tax rate." The rate of tax imposed pursuant to |
6 | section 2 of the act of June 9, 1936 (1st Sp.Sess., P.L.13, |
7 | No.4), entitled "An act imposing an emergency State tax on |
8 | liquor, as herein defined, sold by the Pennsylvania Liquor |
9 | Control Board; providing for the collection and payment of such |
10 | tax; and imposing duties upon the Department of Revenue and the |
11 | Pennsylvania Liquor Control Board." |
12 | Section 3. Establishment of special fund. |
13 | The Drug and Alcohol Treatment and Prevention Fund is |
14 | established as a special fund in the State Treasury. The money |
15 | of the fund is hereby appropriated on a continuing basis to |
16 | carry out the provisions of this act. |
17 | Section 4. Certifications, notifications and reports. |
18 | (a) Secretary of Revenue certification.--Within 15 days of |
19 | the beginning of each fiscal year, the Secretary of Revenue |
20 | shall calculate and certify the amount to be deposited in the |
21 | fund for the fiscal year. The amount certified shall be |
22 | calculated by determining the revenue derived from 6.43 |
23 | percentage points of the liquor tax rate in the immediately |
24 | preceding fiscal year. |
25 | (b) Secretary of the Budget notification.--Within 30 days of |
26 | the beginning of each fiscal year, the Secretary of the Budget |
27 | shall notify each Commonwealth agency receiving allocations |
28 | under this act of the amount of the allocation for the fiscal |
29 | year. |
30 | (c) Annual report.--The Governor shall report on the fund in |
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1 | the annual budget. The report shall include the amounts |
2 | allocated to each program. |
3 | Section 5. Drug and alcohol treatment and prevention funding. |
4 | (a) General rule.--The Department of Revenue shall transfer |
5 | the revenue received by the Commonwealth pursuant to the |
6 | imposition of the liquor tax from the General Fund to the fund. |
7 | No amount in excess of the amount calculated and certified under |
8 | section 4(a) shall be transferred to the fund in the fiscal |
9 | year. |
10 | (b) Allocations.--The money in the fund shall be allocated |
11 | out of the amount certified under section 4(a) as follows: |
12 | (1) One-third shall be allocated to the Department of |
13 | Public Welfare as follows: |
14 | (i) 50% of this allocation shall be used to provide |
15 | for a continuum of alcohol and drug detoxification and |
16 | rehabilitation services to persons eligible for medical |
17 | assistance pursuant to section 2334 of the act of April |
18 | 9, 1929 (P.L.177, No.175), known as The Administrative |
19 | Code of 1929. |
20 | (ii) 50% of this allocation shall be used for |
21 | behavioral health services for individuals affected by |
22 | eligibility changes for the general assistance medically |
23 | needy only program based on section 442.1 of the act of |
24 | June 13, 1967 (P.L.31, No.21), known as the Public |
25 | Welfare Code. |
26 | (2) One-third shall be allocated to the Department of |
27 | Health to distribute to single county authorities for the |
28 | provision of drug and alcohol services to include prevention, |
29 | treatment, intervention and case management. |
30 | (3) One-third shall be allocated to the Governor for the |
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1 | Pennsylvania Commission on Crime and Delinquency to provide |
2 | drug and alcohol treatment-based restrictive intermediate |
3 | punishment programs. The allocation under this paragraph |
4 | shall be expended on programs that treat only offenders to |
5 | whom sentencing recommendations under 204 Pa. Code § |
6 | 303.11(b)(3) or (4) (relating to guideline sentence |
7 | recommendations: sentencing levels) apply. |
8 | (c) Lapses.--Lapses from money provided for a program under |
9 | this section shall be reallocated to that Commonwealth agency |
10 | and program specified in subsection (b) for use in succeeding |
11 | years. |
12 | Section 28. Repeals. |
13 | All acts and parts of acts are repealed insofar as they are |
14 | inconsistent with this act. |
15 | Section 29. Applicability. |
16 | This act shall apply to the fiscal year beginning after the |
17 | effective date of this section and to each fiscal year |
18 | thereafter. |
19 | Section 30. Effective date. |
20 | This act shall take effect immediately. |
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