PRINTER'S NO. 1996
No. 1618 Session of 1997
INTRODUCED BY L. I. COHEN, BELARDI, FICHTER, MELIO, HORSEY,
PETTIT, RUBLEY, LAUGHLIN, SATHER, E. Z. TAYLOR, PRESTON,
MAITLAND, BARD, JAMES, TIGUE, ROBINSON, CURRY, BEBKO-JONES,
WAUGH, TRICH, PISTELLA, ORIE, CORRIGAN, CIVERA, C. WILLIAMS,
McILHATTAN, ROSS, SEYFERT, BOSCOLA, MILLER AND CORPORA,
JUNE 10, 1997
REFERRED TO COMMITTEE ON FINANCE, JUNE 10, 1997
AN ACT
1 Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
2 act relating to tax reform and State taxation by codifying
3 and enumerating certain subjects of taxation and imposing
4 taxes thereon; providing procedures for the payment,
5 collection, administration and enforcement thereof; providing
6 for tax credits in certain cases; conferring powers and
7 imposing duties upon the Department of Revenue, certain
8 employers, fiduciaries, individuals, persons, corporations
9 and other entities; prescribing crimes, offenses and
10 penalties," increasing the tax on cigarettes; and
11 establishing the Breast Cancer Fund.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 1206 of the act of March 4, 1971 (P.L.6,
15 No.2), known as the Tax Reform Code of 1971, amended August 4,
16 1991 (P.L.97, No.22), is amended to read:
17 Section 1206. Incidence and Rate of Tax.--(a) An excise tax
18 is hereby imposed and assessed upon the sale or possession of
19 cigarettes within this Commonwealth at the rate of one and
20 fifty-five hundredths of a cent per cigarette.
1 (b) (1) In addition to the tax imposed under subsection
2 (a), there is hereby imposed an additional tax upon the sale or
3 possession of cigarettes within this Commonwealth at the rate of
4 one hundredth of a cent per cigarette.
5 (2) The revenues derived from the tax imposed under this
6 subsection shall be deposited in the Breast Cancer Fund.
7 Section 2. Article XII of the act is amended by adding a
8 part to read:
9 PART VIII-A
10 BREAST CANCER FUND
11 Section 1261-A. Establishment.--There is hereby established
12 a separate account in the State Treasury to be known as the
13 Breast Cancer Fund. Proceeds from the tax imposed under section
14 1206(b) shall be deposited in the fund and shall be used for the
15 purposes described in this part. The General Assembly shall make
16 an appropriation each year to the Department of Health for these
17 purposes.
18 Section 1262-A. Allocation of moneys.--The Department of
19 Health shall allocate the moneys appropriated from the fund as
20 follows:
21 (1) Forty-five per cent shall be allocated to research with
22 respect to the cause, cure and prevention of breast cancer.
23 (2) Five per cent shall be allocated for the collection of
24 breast cancer-related data and the conduct of breast cancer-
25 related epidemiological research.
26 (3) Forty per cent shall be allocated to the breast and
27 cervical cancer control program undertaken by the Department of
28 Health for the provision of early breast cancer detection
29 services for uninsured and underinsured women. These services
30 shall include all of the following:
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1 (i) Mammography screening of women for breast cancer as an
2 early detection health care measure.
3 (ii) Medical referral of screened women for definitive
4 diagnosis, including sonograms or biopsy, and, to the extent
5 practical, follow-up services for those women. If follow-up
6 services cannot be provided, then assistance shall be provided
7 to help the person obtain necessary follow-up services.
8 (iii) Educational and training programs for health care
9 professionals, including allied health care professionals, to
10 improve the detection and control of breast cancer and
11 communication with breast cancer patients after diagnosis.
12 (iv) Outreach to groups with high proportions of uninsured
13 women.
14 (4) Ten per cent shall be allocated to the Department of
15 Health for a campaign to increase awareness and provide
16 education with respect to breast cancer, including steps to
17 ensure early detection. In developing this campaign, the
18 Department of Health shall consult with an advisory panel
19 appointed by the Secretary of Health and consisting of breast
20 cancer researchers and representatives from voluntary, nonprofit
21 health organizations, health care professional organizations,
22 breast cancer survivor groups and breast cancer-related advocacy
23 groups. The membership of the panel shall broadly reflect the
24 ethnic, racial, cultural, economic and geographic diversity and
25 gender balance of this Commonwealth.
26 Section 3. This act shall take effect January 1, 1998.
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