Regular Session 2023-2024 House Bill 1252 P.N. 1688

PRIOR PRINTER'S NO. 1351

PRINTER'S NO. 1688

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1252

Session of

2023

INTRODUCED BY BENHAM, MADDEN, SANCHEZ, HILL-EVANS, SIEGEL,

DEASY, CONKLIN, GREEN, PISCIOTTANO AND SALISBURY,

MAY 24, 2023

AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 22, 2023

AN ACT

Amending the act of June 9, 1936 (Sp.Sess.1, 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," further providing for

emergency tax on liquors and amount of tax and collection.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2 of the act of June 9, 1936 (Sp.Sess.1,

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," is amended to read:

Section 2. (a) An emergency State tax is hereby imposed and

assessed at the rate of eighteen per centum of the net price of

all liquors sold by the board. The tax herein imposed shall be

collected by the board from the purchasers of the liquor from

the board. [The] Except as provided under subsection (b), the

amount of such eighteen per centum so collected by the board,

under the provisions of this act, shall be paid into the State

Treasury, through the department, in the manner and within the

times herein specified, and shall be credited to the General

Fund.

(b) On February 1 of each calendar year, the board shall

retain THE STATE TREASURY SHALL TRANSFER an amount equal to one

per centum of the money collected under subsection (a) during

the preceding calendar year . INTO A RESTRICTED ACCOUNT

ESTABLISHED IN THE STATE TREASURY. MONEY IN THE RESTRICTED

ACCOUNT SHALL BE APPROPRIATED TO THE BOARD ON A CONTINUING BASIS

FOR THE PURPOSES OF THIS SUBSECTION. The following shall apply:

(1) The board may award the amount retained under this

subsection to establish a program USE THE MONEY IN THE

RESTRICTED ACCOUNT TO ESTABLISH A PROGRAM IN THE BUREAU OF

ALCOHOL EDUCATION to provide grants to saturated municipalities

to address health, welfare and safety issues associated with the

sale and distribution of alcohol. GRANTS MAY BE USED TO PAY FOR

STAFFING COSTS FOR A MUNICIPAL POLICE DEPARTMENT OR REGIONAL

POLICE FORCE IN AREAS SURROUNDING LICENSED ESTABLISHMENTS,

SECURITY CAMERAS, EXTRA STREET LIGHTING, TECHNOLOGY ENHANCEMENTS

FOR PUBLIC SAFETY, COMMUNITY VIOLENCE PREVENTION AND MUNICIPAL

PUBLIC SAFETY. A GRANT MAY NOT EXCEED $100,000 FOR A SATURATED

MUNICIPALITY.

(2) To qualify for a grant under the program, a saturated

municipality shall have a municipal police department.

MUNICIPALITY MUST DEMONSTRATE NEED AND MUST HAVE A MUNICIPAL

POLICE DEPARTMENT OR REGIONAL POLICE FORCE OR CONTRACT WITH A

MUNICIPAL POLICE DEPARTMENT.

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(3) The board may use an amount equal to two per centum of

the amount awarded in grants under the program for expenses

associated with administrating the program.

(4) Money retained under this subsection that is not used

for awarding grants under the program or to pay for expenses

associated with administering the program shall be made

available for grants under the program in subsequent calendar

years.

(4) MONEY IN THE RESTRICTED ACCOUNT THAT REMAINS UNEXPENDED,

UNCOMMITTED OR UNENCUMBERED ON DECEMBER 31 OF EACH YEAR SHALL

LAPSE TO THE GENERAL FUND.

(5) WITHIN EIGHTEEN (18) MONTHS OF RECEIVING A GRANT UNDER

THIS SUBSECTION, A SATURATED MUNICIPALITY SHALL PROVIDE A REPORT

TO THE BOARD ON THE IMPACT OF THE GRANT.

(6) THE BOARD SHALL POST A LIST OF MUNICIPALITIES THAT ARE

SATURATED MUNICIPALITIES UNDER THIS SUBSECTION ON ITS PUBLICLY

ACCESSIBLE INTERNET WEBSITE. THE BOARD SHALL UPDATE THE LIST

ANNUALLY.

(5) (7) As used in this subsection, the term "saturated

municipality" means a municipality in which the total number of

existing restaurant liquor licenses and eating place retail

dispenser licenses subject to the quota restrictions specified

under section 461 of the act of April 12, 1951 (P.L.90, No.21),

known as the Liquor Code, is equal to or exceeds one license per

thousand inhabitants or exceeds ten.

Section 2. This act shall take effect in 60 days.

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