PRINTER'S NO. 1000
No. 879 Session of 1989
INTRODUCED BY DAWIDA, MAY 2, 1989
REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 2, 1989
AN ACT
1 Creating the Children's Educational Fund Board in the Department
2 of Health as a funding source for educational institutions to
3 establish educational and other programs to reduce the use of
4 tobacco by children; and further taxing cigarettes.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Tobacco
9 Education Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Board." The Children's Educational Fund Board created by
15 this act.
16 "Department." The Department of Health of this Commonwealth.
17 "Educational fund." The Children's Educational Fund created
18 by this act.
1 "Educational institution." Any public or private school with
2 grades kindergarten through 12, any day-care center or any Head
3 Start program established under the Head Start Act (Public Law
4 97-35, 95 Stat. 499).
5 "Public member." A person who is appointed to the Children's
6 Educational Fund Board by the Governor and who holds no Federal,
7 State or local elected or appointed position except on a State
8 or local educational advisory committee.
9 Section 3. Children's Educational Fund Board.
10 (a) Board created.--The Children's Educational Fund Board is
11 created in the Department of Health. The board shall administer
12 the program and award grants. The department shall perform
13 budgetary, accounting, procurement and other support services.
14 (b) Board composition.--The board shall consist of 15
15 members. Three shall be members of the Senate appointed by the
16 President pro tempore of the Senate, and three shall be members
17 of the House of Representatives appointed by the Speaker of the
18 House of Representatives. In no case shall more than two members
19 from either the Senate or the House of Representatives be from
20 the same political party. The Governor shall appoint nine public
21 members, to be confirmed by majority vote of the Senate. Public
22 members appointed under this subsection shall demonstrate
23 knowledge in the area of education or health care of children.
24 (c) Term of office.--The term of each public member shall be
25 three years and until a successor is appointed and qualified.
26 However, of the public members first appointed, three shall
27 serve for three years, three shall serve for two years and three
28 shall serve for one year. A public member shall serve no more
29 than two consecutive terms, whether partial or full. A vacancy
30 shall be filled for the balance of the unexpired term in the
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1 same manner as the original appointment.
2 (d) Votes.--No member of the board may delegate his vote.
3 (e) Officers and rules.--The board shall elect a chairperson
4 every two years from among the public members and may elect
5 other officers and establish committees as it deems necessary
6 and has provided for in the regulations it promulgates. Business
7 transacted by the board shall be conducted in accordance with
8 the act of July 3, 1986 (P.L.388, No.84), known as the Sunshine
9 Act.
10 (f) Meetings.--The board shall meet not less than three
11 times annually at the call of the chairperson.
12 (g) Compensation.--Board members shall serve without
13 compensation but shall be reimbursed for actual and reasonable
14 expenses incurred in the performance of their official duties.
15 Reimbursements shall be allocated from funds available from the
16 educational fund under this act.
17 Section 4. Powers and duties of board.
18 The board has the power and duty to:
19 (1) Develop, within one year of its establishment, a
20 State plan for the distribution of funds from the educational
21 fund.
22 (2) Provide for the coordination and exchange of
23 information regarding the dangers of tobacco use.
24 (3) Promulgate regulations providing for the criteria
25 for the granting of educational fund money to eligible
26 educational institutions and provide for publicizing such
27 criteria.
28 (4) Administer and award educational fund money and
29 monitor the expenditure of the money by eligible educational
30 institutions. Funds shall be awarded to educational
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1 institutions which establish educational and action programs
2 to reduce tobacco use among children. These programs may
3 include information about the addictive nature of tobacco use
4 and the accompanying health risks.
5 (5) Prepare an annual report for the Governor and the
6 General Assembly, including recommendations for legislative
7 action and regulatory change when needed and appropriate.
8 (6) Accept gifts and donations from individuals, private
9 organizations or foundations. Funds received shall be
10 transmitted to the State Treasurer for
11 deposit in the educational fund.
12 Section 5. Powers and duties of State Treasurer.
13 On an annual basis, the State Treasurer shall make available
14 to the board for its use, consistent with section 4, such trust
15 funds as are requested by the board and such funds are hereby
16 appropriated to the board for the purposes set forth in this
17 act.
18 Section 6. Children's Educational Fund created.
19 There is hereby created within the Department of Treasury a
20 restricted account known as the Children's Educational Fund,
21 which shall receive moneys from the cigarette excise tax under
22 this act.
23 Section 7. Additional excise taxes on cigarettes.
24 An excise tax of one-half of 1¢ per cigarette is hereby
25 imposed and assessed upon the sale and possession of cigarettes
26 within this Commonwealth in the same manner as, and in addition
27 to, taxes imposed under section 1206 of the act of March 4, 1971
28 (P.L.6, No.2), known as the Tax Reform Code of 1971. The moneys
29 raised from this additional excise tax shall be paid into a
30 restricted account in the Treasury Department, to be known as
19890S0879B1000 - 4 -
1 the Children's Educational Fund.
2 Section 8. Effective date.
3 This act shall take effect in 90 days.
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