Bill Text: PA HB1364 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Establishing the Drug and Alcohol Treatment and Prevention Fund; and providing for the deposit of a portion of the liquor tax into the fund and for use of fund.

Spectrum: Moderate Partisan Bill (Democrat 16-2)

Status: (Introduced - Dead) 2011-04-25 - Referred to APPROPRIATIONS [HB1364 Detail]

Download: Pennsylvania-2011-HB1364-Introduced.html

---

PRINTER'S NO. 1605
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1364 Session of2011
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
REFERRED TO COMMITTEE ON APPROPRIATIONS, APRIL 25, 2011
AN ACT
Establishing the Drug and Alcohol Treatment and Prevention Fund;
and providing for the deposit of a portion of the liquor tax
into the fund and for use of fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Drug and
Alcohol Treatment and Prevention Fund Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Fund." The Drug and Alcohol Treatment and Prevention Fund
established in section 3.
"Liquor tax." The tax imposed in accordance with the act of
June 9, 1936 (1st Sp.Sess., P.L.13, No.4), entitled "An act
imposing an emergency State tax on liquor, as herein defined,
sold by the Pennsylvania Liquor Control Board; providing for the
collection and payment of such tax; and imposing duties upon the
Department of Revenue and the Pennsylvania Liquor Control
Board."
"Liquor tax rate." The rate of tax imposed pursuant to
section 2 of the act of June 9, 1936 (1st Sp.Sess., P.L.13,
No.4), entitled "An act imposing an emergency State tax on
liquor, as herein defined, sold by the Pennsylvania Liquor
Control Board; providing for the collection and payment of such
tax; and imposing duties upon the Department of Revenue and the
Pennsylvania Liquor Control Board."
Section 3. Establishment of special fund.
The Drug and Alcohol Treatment and Prevention Fund is
established as a special fund in the State Treasury. The money
of the fund is hereby appropriated on a continuing basis to
carry out the provisions of this act.
Section 4. Certifications, notifications and reports.
(a) Secretary of Revenue certification.--Within 15 days of
the beginning of each fiscal year, the Secretary of Revenue
shall calculate and certify the amount to be deposited in the
fund for the fiscal year. The amount certified shall be
calculated by determining the revenue derived from 6.43
percentage points of the liquor tax rate in the immediately
preceding fiscal year.
(b) Secretary of the Budget notification.--Within 30 days of
the beginning of each fiscal year, the Secretary of the Budget
shall notify each Commonwealth agency receiving allocations
under this act of the amount of the allocation for the fiscal
year.
(c) Annual report.--The Governor shall report on the fund in
20110HB1364PN1605 - 2 -
the annual budget. The report shall include the amounts
allocated to each program.
Section 5. Drug and alcohol treatment and prevention funding.
(a) General rule.--The Department of Revenue shall transfer
the revenue received by the Commonwealth pursuant to the
imposition of the liquor tax from the General Fund to the fund.
No amount in excess of the amount calculated and certified under
section 4(a) shall be transferred to the fund in the fiscal
year.
(b) Allocations.--The money in the fund shall be allocated
out of the amount certified under section 4(a) as follows:
(1) One-third shall be allocated to the Department of
Public Welfare as follows:
(i) 50% of this allocation shall be used to provide
for a continuum of alcohol and drug detoxification and
rehabilitation services to persons eligible for medical
assistance pursuant to section 2334 of the act of April
9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929.
(ii) 50% of this allocation shall be used for
behavioral health services for individuals affected by
eligibility changes for the general assistance medically
needy only program based on section 442.1 of the act of
June 13, 1967 (P.L.31, No.21), known as the Public
Welfare Code.
(2) One-third shall be allocated to the Department of
Health to distribute to single county authorities for the
provision of drug and alcohol services to include prevention,
treatment, intervention and case management.
(3) One-third shall be allocated to the Governor for the
20110HB1364PN1605 - 3 -
Pennsylvania Commission on Crime and Delinquency to provide
drug and alcohol treatment-based restrictive intermediate
punishment programs. The allocation under this paragraph
shall be expended on programs that treat only offenders to
whom sentencing recommendations under 204 Pa. Code §
303.11(b)(3) or (4) (relating to guideline sentence
recommendations: sentencing levels) apply.
(c) Lapses.--Lapses from money provided for a program under
this section shall be reallocated to that Commonwealth agency
and program specified in subsection (b) for use in succeeding
years.
Section 28. Repeals.
All acts and parts of acts are repealed insofar as they are
inconsistent with this act.
Section 29. Applicability.
This act shall apply to the fiscal year beginning after the
effective date of this section and to each fiscal year
thereafter.
Section 30. Effective date.
This act shall take effect immediately.
20110HB1364PN1605 - 4 -