2005 California Revenue and Taxation Code Sections 30461-30462.1 CHAPTER 9. DISPOSITION OF PROCEEDS

30461.  (a) All amounts required to be paid to the state under this
part shall be paid to the board in the form of remittances payable to
the State Board of Equalization.  Except as provided in subdivision
(b) and Section 30461.6, the board shall transmit the payments to the
Treasurer to be deposited in the State Treasury to the credit of the
Cigarette Tax Fund, which fund is hereby created.
   (b) The board shall transmit amounts received from the penalty
assessed pursuant to Section 30474 to the Treasurer for deposit in
the General Fund.
30461.6.  (a) Notwithstanding Section 30461, the board shall
transmit the revenue derived from the increase in the cigarette tax
rate of one mill ($0.001) per cigarette imposed by Section 30101 on
and after January 1, 1994, to the Treasurer to be deposited in the
State Treasury to the credit of the Breast Cancer Fund, which fund is
hereby created.  The Breast Cancer Fund shall consist of two
accounts:  the Breast Cancer Research Account and the Breast Cancer
Control Account.  The revenues deposited in the fund shall be divided
equally between the two accounts.
   (b) The moneys in the accounts within the Breast Cancer Fund
shall, upon appropriation by the Legislature, be allocated as
follows:
   (1) The moneys in the Breast Cancer Research Account shall be
allocated for research with respect to the cause, cure, treatment,
earlier detection, and prevention of breast cancer as follows:
   (A) Ten percent to the Cancer Surveillance Section of the State
Department of Health Services for the collection of breast
cancer-related data and the conduct of breast cancer-related
epidemiological research by the state cancer registry established
pursuant to Section 103885 of the Health and Safety Code.
   (B) Ninety percent to the Breast Cancer Research Program, that is
hereby created at the University of California, for the awarding of
grants and contracts to researchers for research with respect to the
cause, cure, treatment, prevention, and earlier detection of breast
cancer and with respect to the cultural barriers to accessing the
health care system for early detection and treatment of breast
cancer.
   (2) The moneys in the Breast Cancer Control Account shall be
allocated to the Breast Cancer Control Program, that is hereby
created for the provision of early breast cancer detection services
for uninsured and underinsured women.  The Breast Cancer Control
Program shall be established in the State Department of Health
Services and shall be administered in coordination with the breast
and cervical cancer control program established pursuant to Public
Law 101-354.
   (c) The early breast cancer detection services provided by the
Breast Cancer Control Program shall include all of the following:
   (1) Screening, including mammography, of women for breast cancer
as an early detection health care measure.
   (2) After screening, medical referral of screened women and
services necessary for definitive diagnosis, including
nonradiological techniques or biopsy.
   (3) If a positive diagnosis is made, then assistance and advocacy
shall be provided to help the person obtain necessary treatment.
   (4) Outreach and health education activities to ensure that
uninsured and underinsured women are aware of and appropriately
utilize the services provided by the Breast Cancer Control Program.
   (d) Any entity funded by the Breast Cancer Control Program shall
coordinate with other local providers of breast cancer screening,
diagnostic, followup, education, and advocacy services to avoid
duplication of effort.  Any entity funded by the program shall comply
with any applicable state and federal standards regarding
mammography quality assurance.
   (e) Administrative costs of the State Department of Health
Services shall not exceed 10 percent of the funds allocated to the
Breast Cancer Control Program created pursuant to paragraph (2) of
subdivision (b).  Indirect costs of the entities funded by this
program shall not exceed 12 percent.  The department shall define
"indirect costs" in accordance with applicable state and federal law.
   (f) Any entity funded by the Breast Cancer Control Program shall
collect data and maintain records that are determined by the State
Department of Health Services to be necessary to facilitate the state
department's ability to monitor and evaluate the effectiveness of
the entities and the program.  Commencing with the program's second
year of operation, the State Department of Health Services shall
submit an annual report to the Legislature and any other appropriate
entity.  The costs associated with this report shall be paid from the
allocation made pursuant to paragraph (2) of subdivision (b).  The
report shall describe the activities and effectiveness of the program
and shall include, but not be limited to, the following types of
information regarding those served by the program:
   (1) The number.
   (2) The ethnic, geographic, and age breakdown.
   (3) The stages of presentation.
   (4) The diagnostic and treatment status.
   (g) The Breast Cancer Control Program shall be conducted in
consultation with the Breast Cancer Research Program created pursuant
to subparagraph (B) of paragraph (1) of subdivision (b).
   (h) In implementing the Breast Cancer Control Program, the State
Department of Health Services may appoint and consult with an
advisory panel appointed by the State Director of Health Services and
consisting of one ex officio, nonvoting member from the Breast
Cancer Research Program, breast cancer researchers, and
representatives from voluntary, nonprofit health organizations,
health care professional organizations, breast cancer survivor
groups, and breast cancer and health care-related advocacy groups.
It is the intent of the Legislature that breast cancer-related
survivors and advocates and health advocates for low-income women
compose at least one-third of the advisory panel.  It is also the
intent of the Legislature that the State Department of Health
Services collaborate closely with the panel.
   (i) It is the intent of the Legislature in enacting the Breast
Cancer Control Program to decrease cancer mortality rates
attributable to breast cancer among uninsured and underinsured women,
with special emphasis on low-income, Native American, and minority
women.  It is also the intent of the Legislature that the communities
served by the Breast Cancer Control Program reflect the ethnic,
racial, cultural, and geographic diversity of the state and that the
Breast Cancer Control Program fund entities where uninsured and
underinsured women are most likely to seek their health care.
   (j) The State Department of Health Services or any entity funded
by the Breast Cancer Control Program shall collect personal and
medical information necessary to administer this program from any
individual applying for services under the program.  The information
shall be confidential and shall not be disclosed other than for
purposes directly connected with the administration of this program
or except as otherwise provided by law or pursuant to prior written
consent of the subject of the information.
   The State Department of Health Services or any entity funded by
the Breast Cancer Control Program may disclose the confidential
information to medical personnel and fiscal intermediaries of the
state to the extent necessary to administer this program, and to
other state public health agencies or medical researchers when the
confidential information is necessary to carry out the duties of
those agencies or researchers in the investigation, control, or
surveillance of breast cancer.
   (k) The State Department of Health Services shall adopt
regulations to implement this act in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The initial adoption of implementing regulations shall be deemed an
emergency and shall be considered as necessary for the immediate
preservation of the public peace, health and safety, or general
welfare, within the meaning of Section 11346.1.  Emergency
regulations adopted pursuant to this section shall remain in effect
for no more than 180 days.
   (l) It is the intent of the Legislature in enacting this section
that this section supersede and be operative in place of Section
30461.6 of the Revenue and Taxation Code as added by Assembly Bill
478 of the 1993-94 Regular Session.
   (m) To implement the Breast Cancer Control Program, the State
Department of Health Services may contract, to the extent permitted
by Section 19130 of the Government Code, with public and private
entities, or utilize existing health care service provider enrollment
and payment mechanisms, including the Medi-Cal program's fiscal
intermediary.  However, the Medi-Cal program's fiscal intermediary
shall only be utilized if services provided under the program are
specifically identified and reimbursed in a manner that does not
claim federal financial reimbursement.  Any contracts with, and the
utilization of, the Medi-Cal program's fiscal intermediary shall not
be subject to Chapter 3 (commencing with Section 12100) of Part 2 of
Division 2 of the Public Contract Code.  Contracts to implement the
Breast Cancer Control Program entered into by the State Department of
Health Services with entities other than the Medi-Cal program's
fiscal intermediary shall not be subject to Part 2 (commencing with
Section 10100) of Division 2 of the Public Contract Code.
30462.  (a) All money deposited in the Cigarette Tax Fund under this
part is hereby appropriated, subject to the provisions of any budget
bill heretofore or hereafter enacted, and shall, upon order of the
Controller, be drawn therefrom and allocated for the following
purposes:
   (1) To pay the refunds authorized by this part.
   (2) The balance remaining in the fund shall be transferred to the
General Fund of this state on or before the last calendar day of each
month.
   (b) It is the intent of the Legislature that Section 30111
continues to prohibit the imposition of local taxes by any city,
charter city, town, county, charter county, city and county, charter
cities and counties, or other political subdivision or agency of this
state, on the sale, use, ownership, holding, or other distribution
of cigarettes and tobacco products except as provided by Section
30111.  The Legislature finds and declares that the need for uniform
statewide regulation and collection of cigarette taxes is a matter of
statewide concern, and it is the Legislature's intent to regulate
the subject matter of cigarette taxes comprehensively and to occupy
the field to the exclusion of local action except as specifically
provided by Section 30111.
30462.1.  Any city may apply to the population research unit of the
Department of Finance to estimate its population.  The department may
make the estimate if in the opinion of the department there is
available adequate information upon which to base the estimate.  Not
less than 25 days nor more than 30 days after the completion of the
estimate, the Department of Finance shall file a certified copy
thereof with the Controller if the estimate is greater than the
current certified population.  This certification may be made once
each fiscal year.
   All payments under subparagraph (B) of paragraph (3) of
subdivision (b) of Section 30462 for any allocation subsequent to the
filing of the estimate shall be based upon the population so
estimated until a subsequent certification is made by the Department
of Finance or a subsequent federal decennial census is made.
   Population changes based on a federal or state special census or
estimate validated by the Department of Finance shall be accepted by
the Controller only if certified to him or her at the request of the
Department of Finance.  The request shall be made only if the census
or estimate is greater than the current certified population and
shall become effective on the first day of the month following
receipt of the certification.
   The Department of Finance may assess a reasonable charge, not to
exceed the actual cost thereof, for the preparation of population
estimates pursuant to this section, which is a proper charge against
the city applying therefor.  The amount received shall be deposited
in the State Treasury as a reimbursement to be credited to the
appropriation from which the expenditure is made.
   As of May 1, 1988, any population estimate prepared by the
Department of Finance pursuant to Section 2227 may be used for all
purposes of this section unless a written request not to certify is
received by the department from the city within 25 days of completion
of the estimate.