| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1331, 1465 | PRINTER'S NO. 2141 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, SCARNATI, PILEGGI AND CORMAN, JULY 19, 2009 |
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| AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JULY 2, 2010 |
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| AN ACT |
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1 | Amending the act of April 9, 1929 (P.L.343, No.176), entitled, | <-- |
2 | as amended, "An act relating to the finances of the State |
3 | government; providing for the settlement, assessment, |
4 | collection, and lien of taxes, bonus, and all other accounts |
5 | due the Commonwealth, the collection and recovery of fees and |
6 | other money or property due or belonging to the Commonwealth, |
7 | or any agency thereof, including escheated property and the |
8 | proceeds of its sale, the custody and disbursement or other |
9 | disposition of funds and securities belonging to or in the |
10 | possession of the Commonwealth, and the settlement of claims |
11 | against the Commonwealth, the resettlement of accounts and |
12 | appeals to the courts, refunds of moneys erroneously paid to |
13 | the Commonwealth, auditing the accounts of the Commonwealth |
14 | and all agencies thereof, of all public officers collecting |
15 | moneys payable to the Commonwealth, or any agency thereof, |
16 | and all receipts of appropriations from the Commonwealth, |
17 | authorizing the Commonwealth to issue tax anticipation notes |
18 | to defray current expenses, implementing the provisions of |
19 | section 7(a) of Article VIII of the Constitution of |
20 | Pennsylvania authorizing and restricting the incurring of |
21 | certain debt and imposing penalties; affecting every |
22 | department, board, commission, and officer of the State |
23 | government, every political subdivision of the State, and |
24 | certain officers of such subdivisions, every person, |
25 | association, and corporation required to pay, assess, or |
26 | collect taxes, or to make returns or reports under the laws |
27 | imposing taxes for State purposes, or to pay license fees or |
28 | other moneys to the Commonwealth, or any agency thereof, |
29 | every State depository and every debtor or creditor of the |
30 | Commonwealth," providing for method of filing; further |
31 | providing for the definition of "cigarettes"; providing for |
32 | the definition of "little cigars"; establishing the |
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1 | independent fiscal office; further providing for notice and |
2 | publication of lists of property subject to custody and |
3 | control of the Commonwealth; providing for borrowing for |
4 | capital facilities, for oil and gas wells and for |
5 | Pennsylvania Gaming Economic Development and Tourism Fund and |
6 | for Water and Sewer System Assistance Bond Fund; further |
7 | providing for Department of Corrections, for Department of |
8 | Education, for Department of Environmental Protection, for |
9 | Pennsylvania State Police and for Pennsylvania Emergency |
10 | Management Agency; providing for 2009-2010 budget |
11 | implementation and for 2009-2010 restrictions on |
12 | appropriations for funds and accounts; abolishing the Board |
13 | of Trustees of the Scranton State School for the Deaf; and |
14 | making related repeals. |
15 | Amending the act of April 9, 1929 (P.L.343, No.176), entitled, | <-- |
16 | as amended, "An act relating to the finances of the State |
17 | government; providing for the settlement, assessment, |
18 | collection, and lien of taxes, bonus, and all other accounts |
19 | due the Commonwealth, the collection and recovery of fees and |
20 | other money or property due or belonging to the Commonwealth, |
21 | or any agency thereof, including escheated property and the |
22 | proceeds of its sale, the custody and disbursement or other |
23 | disposition of funds and securities belonging to or in the |
24 | possession of the Commonwealth, and the settlement of claims |
25 | against the Commonwealth, the resettlement of accounts and |
26 | appeals to the courts, refunds of moneys erroneously paid to |
27 | the Commonwealth, auditing the accounts of the Commonwealth |
28 | and all agencies thereof, of all public officers collecting |
29 | moneys payable to the Commonwealth, or any agency thereof, |
30 | and all receipts of appropriations from the Commonwealth, |
31 | authorizing the Commonwealth to issue tax anticipation notes |
32 | to defray current expenses, implementing the provisions of |
33 | section 7(a) of Article VIII of the Constitution of |
34 | Pennsylvania authorizing and restricting the incurring of |
35 | certain debt and imposing penalties; affecting every |
36 | department, board, commission, and officer of the State |
37 | government, every political subdivision of the State, and |
38 | certain officers of such subdivisions, every person, |
39 | association, and corporation required to pay, assess, or |
40 | collect taxes, or to make returns or reports under the laws |
41 | imposing taxes for State purposes, or to pay license fees or |
42 | other moneys to the Commonwealth, or any agency thereof, |
43 | every State depository and every debtor or creditor of the |
44 | Commonwealth," further providing for investment, for State |
45 | depositories, for requisitions, for audit of requisitions and |
46 | issuance of warrants and for payments; providing for |
47 | additional transfer, for bonds, for educational tax credits, |
48 | for permit extensions, for heritage areas and for special |
49 | provisions relating to victims of crime; further providing |
50 | for the Pennsylvania Emergency Management Agency, for the |
51 | Judicial Computer System Augmentation Account and for the |
52 | Access to Justice Account; providing for the State Gaming |
53 | Fund; further providing for the Tobacco Settlement Fund; |
54 | providing for 2010-2011 budget implementation, for 2010-2011 |
55 | restrictions on appropriations for funds and accounts and for |
56 | retirement; and making related repeals. |
57 | The General Assembly of the Commonwealth of Pennsylvania |
58 | hereby enacts as follows: |
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1 | Section 1. The act of April 9, 1929 (P.L.343, No.176), known | <-- |
2 | as The Fiscal Code, is amended by adding a section to read: |
3 | Section 10. Method of Filing.--(a) The Department of |
4 | Revenue may require any return, report or other document |
5 | required to be filed for a tax administered by the department |
6 | prepared by a third party who submits fifty or more returns per |
7 | year to be filed by any method prescribed by the department |
8 | including by telephonic, electronic or other method. Notice of |
9 | the method of filing shall be published in the Pennsylvania |
10 | Bulletin and on the Department of Revenue's Internet website at |
11 | least sixty days prior to the due date of the return, report or |
12 | other document required to be filed by telephonic, electronic or |
13 | other method. The notice shall refer to this section. |
14 | (b) Failure to file a return, report or other document by |
15 | the method required under subsection (a) shall subject the tax |
16 | preparer to a penalty of one percent of the tax due on the |
17 | return, report or other document up to a maximum of five hundred |
18 | dollars ($500), but not less than ten dollars ($10). This |
19 | penalty shall be assessed and collected in the manner provided |
20 | by the act of March 4, 1971 (P.L.6, No.2), known as the "Tax |
21 | Reform Code of 1971." This penalty shall be in addition to any |
22 | civil penalty imposed in the applicable article of the "Tax |
23 | Reform Code of 1971" for failure to file a return, report or |
24 | other document. The criminal penalty for failure to file a |
25 | return, report or other document by the method required under |
26 | subsection (a) shall be the same as the criminal penalty for |
27 | failure to file a return, report or other document under the |
28 | applicable article of the "Tax Reform Code of 1971." |
29 | (c) (1) The Department of Revenue may waive the requirement |
30 | to file by the method required under subsection (a) when the |
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1 | department determines that any of the following apply: |
2 | (i) The prescribed filing method causes an undue hardship. |
3 | (ii) The preparer or taxpayer requests a waiver in writing |
4 | that clearly states why the filing method causes an undue |
5 | hardship. |
6 | (2) In determining whether filing by the method required |
7 | under subsection (a) causes an undue hardship, the Department of |
8 | Revenue may consider unusual circumstances that may prevent the |
9 | person from filing by the prescribed method or any other factor |
10 | that the department determines is relevant. |
11 | Section 1.1. The definition of "cigarettes" in section 202-A |
12 | of the act, added July 2, 1993 (P.L.250, No.46), is amended and |
13 | the section is amended by adding a definition to read: |
14 | Section 202-A. Definitions.--As used in this article-- |
15 | * * * |
16 | "Cigarettes" shall mean and include any roll for smoking made |
17 | wholly or in part of tobacco, irrespective of size or shape, and |
18 | whether or not such tobacco is flavored, adulterated or mixed |
19 | with any other ingredient, the wrapper or cover of which is made |
20 | of paper or any other substance or material, excepting tobacco, |
21 | and shall not include cigars. For purposes of licensing under |
22 | this article only, the term shall include little cigars. |
23 | * * * |
24 | "Little cigars" shall mean any roll for smoking that weighs |
25 | not more than four pounds per thousand, where the wrapper or |
26 | cover is made of natural leaf tobacco or of any substance |
27 | containing tobacco. |
28 | * * * |
29 | Section 1.2. The act is amended by adding an article to |
30 | read: |
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1 | ARTICLE V-A |
2 | INDEPENDENT FISCAL OFFICE |
3 | Section 501-A. Short title. |
4 | This article relates to independence in fiscal matters. |
5 | Section 502-A. Definitions. |
6 | The following words and phrases when used in this article |
7 | shall have the meanings given to them in this section unless the |
8 | context clearly indicates otherwise: |
9 | "Baseline budget." A draft budget using current dollar |
10 | values that projects current year levels of budget authority, |
11 | outlays and revenues and the deficit or surplus into the new |
12 | budget year and out years on the basis of current laws and |
13 | policies. |
14 | "Committee." The Independent Fiscal Office Selection |
15 | Committee. |
16 | "Commonwealth agency." Any office, department, authority, |
17 | board, multistate agency or commission of the executive branch. |
18 | The term includes: |
19 | (1) The Office of the Governor. |
20 | (2) The Office of Attorney General, the Department of |
21 | the Auditor General and the Treasury Department. |
22 | (3) An independent agency, as defined in the act of |
23 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know |
24 | Law. |
25 | (4) A State-affiliated entity, as defined in the Right- |
26 | to-Know Law. |
27 | (5) The General Assembly. |
28 | (6) The Judiciary. |
29 | "Director." The director of the Independent Fiscal Office. |
30 | "Office." The Independent Fiscal Office established in |
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1 | section 503-A. |
2 | Section 503-A. Office established. |
3 | There is established a nonpartisan Independent Fiscal Office |
4 | as an independent agency. |
5 | Section 504-A. Duties of office. |
6 | The office shall: |
7 | (1) Prepare revenue estimates to include Federal funds, |
8 | State revenues and funds from other resources, including any |
9 | projected revenue surplus or deficit for a given fiscal year, |
10 | as provided under section 505-A. |
11 | (2) By January 1, provide a baseline budget that |
12 | includes levels of spending necessary to retain the current |
13 | program and statutory requirements. |
14 | (3) Provide an analysis of the executive budget, |
15 | including budgetary projections, economic outlook, economic |
16 | impact and an analysis of all related tax and revenue |
17 | proposals. The budget analysis may include performance |
18 | recommendations to secure greater efficiency and economy. |
19 | (4) Develop and use econometric models to annually |
20 | forecast State revenues and update the models. The office |
21 | shall make the equations of a model and any historic |
22 | databases related to the model available to the |
23 | Appropriations Committee of the Senate, the Appropriations |
24 | Committee of the House of Representatives, the Majority |
25 | Leader and Minority Leader of the Senate and the Majority |
26 | Leader and Minority Leader of the House of Representatives. |
27 | (5) By November 15 of each year, provide an assessment |
28 | of the State's current fiscal condition and a projection of |
29 | what the fiscal condition will be during the next five years. |
30 | The assessment shall take into account the state of the |
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1 | economy, demographics, revenues and expenditures. |
2 | (6) Monitor State taxes and other receipts. |
3 | (7) Develop performance measures for executive-level |
4 | programs and departments and evaluate performance measures |
5 | and results as promulgated and reported by executive-level |
6 | departments. Performance measurements shall be outcomes-based |
7 | and include activity cost analysis, measures of status |
8 | improvement of recipient populations, economic outcomes and |
9 | performance benchmarks against similar State programs. |
10 | (8) Establish an Internet website. |
11 | Section 505-A. Revenue estimates. |
12 | (a) Initial revenue estimate.--By the second week of |
13 | February, the office shall submit to the General Assembly an |
14 | initial revenue estimate for the next fiscal year. |
15 | (b) Official revenue estimate.-- |
16 | (1) By June 15 of each year, the office shall submit to |
17 | the General Assembly an official final binding revenue |
18 | estimate for the next fiscal year. |
19 | (2) The revenue estimate submitted under this section |
20 | shall establish the maximum amount of tax revenue which may |
21 | be considered for the General Appropriation Act for the |
22 | ensuing fiscal year. No changes in the revenue estimates |
23 | shall be made by the office after submission under paragraph |
24 | (1) unless changes in statutes affecting revenues and |
25 | receipts are enacted. |
26 | (3) The office shall publish the methodology used to |
27 | develop revenue estimates. |
28 | (4) Following the adoption of a General Appropriation |
29 | Act or Supplemental Appropriation Act by the General |
30 | Assembly, the Governor shall certify that the budget |
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1 | appropriations made by the General Assembly do not exceed the |
2 | actual and estimated revenue and surplus available according |
3 | to the official final binding revenue estimate under |
4 | paragraph (1). |
5 | (c) Information.--The office shall provide the |
6 | Appropriations Committee of the Senate, the Appropriations |
7 | Committee of the House of Representatives and the Secretary of |
8 | the Budget all data, assumptions and econometric models used to |
9 | develop projections and revenue estimates. |
10 | (d) Required information.-- |
11 | (1) A revenue estimate submitted by the office under |
12 | this subsection shall include all of the following: |
13 | (i) An assessment of the Pennsylvania economy and |
14 | the national economy and the impact of the existing or |
15 | emerging State or national economic trends on revenue |
16 | performance for the current year and the forecasted or |
17 | projected revenue collections for the budget year and the |
18 | succeeding year. |
19 | (ii) A summary of current year-to-date revenue |
20 | collections by specific tax or revenue source, including |
21 | Federal funds, the General Fund, the Lottery Fund and the |
22 | Motor License Fund and a detailed explanation of any |
23 | negative or positive variation from the prior year's |
24 | official revenue estimate, including the reasons or |
25 | events contributing to the variation. |
26 | (iii) Any projected revenue surplus or deficit for |
27 | the current budget year. |
28 | (2) A revenue estimate shall be based on existing |
29 | statutes and tax policy and existing or emerging State or |
30 | national economic trends. |
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1 | (3) The office shall prepare a revenue estimate of any |
2 | change in State tax law proposed as part of the annual State |
3 | budget. If the proposed change in State tax law will have a |
4 | fiscal impact in excess of $10,000,000 in any fiscal year, |
5 | the estimate shall be prepared on the basis of assumptions |
6 | that estimate the probable behavioral responses of taxpayers, |
7 | businesses and other persons to the proposed changes and |
8 | shall include a statement identifying those assumptions. |
9 | (e) Department of Revenue.--The Department of Revenue in |
10 | conjunction with the Secretary of the Budget shall make revenue |
11 | estimates for the use of the Governor in preparing the budget. |
12 | (f) Governor.--The Governor shall item veto any part of any |
13 | appropriation bill that causes total appropriations to exceed |
14 | the official revenue estimate under subsection (b) plus any |
15 | unappropriated surplus. |
16 | Section 506-A. Budget information. |
17 | The office shall be notified and shall attend any briefings |
18 | provided by the Governor or the Secretary of the Budget under |
19 | section 619 of the act of April 9, 1929 (P.L.177, No.175), known |
20 | as The Administrative Code of 1929. |
21 | Section 507-A. Expenditures. |
22 | (a) Expenditure reports.--Commonwealth agencies shall make |
23 | monthly expenditure data available to the office. The data shall |
24 | be provided within seven days after the end of each month. The |
25 | monthly data shall include a summary of the last monthly |
26 | submission. The data shall be provided in finished reports or |
27 | electronically, as determined by the office. The data shall be |
28 | provided by fund, by appropriation, by department and by |
29 | organization within each department and shall include: |
30 | (1) Number of filled personnel positions and their cost. |
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1 | (2) Itemized personnel vacancies and their cost. |
2 | (3) New positions created and their cost. |
3 | (4) Wage and overtime costs. |
4 | (5) Allotments and expenditures for itemized personnel |
5 | expenses. |
6 | (6) Allotments and expenditures for itemized operating |
7 | expenses. |
8 | (7) Allotment and expenditures for itemized fixed |
9 | assets. |
10 | (8) The rate of expenditures in appropriations for major |
11 | subsidy and grant programs during the month. |
12 | (b) Budget requests.--Commonwealth agencies shall submit |
13 | their agency budget requests to the office and the Office of the |
14 | Budget. The Commonwealth agency budget requests shall be |
15 | submitted to both offices at the same time. |
16 | (c) Revenue reports.--The Governor shall make monthly |
17 | revenue reports to the office. The revenue reports shall show |
18 | the actual collection of revenue itemized by source and a |
19 | comparison of the actual collections with estimated collections |
20 | for each month. The comparison shall include an analysis of any |
21 | change in collection patterns which will cause a shortfall or |
22 | overrun on annual estimates of more than 1%. |
23 | (d) Other revenue data.--Commonwealth agencies shall cause |
24 | to be prepared any other revenue data as may be requested from |
25 | time to time by the office. |
26 | (e) Electronic access.--Except for information that is |
27 | confidential pursuant to statute, the office shall have access |
28 | to all information available under this section on inquiry-only |
29 | screens through an integrated central computer system. |
30 | Section 508-A. Revenue conference. |
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1 | By January 31 of each year, the office shall convene a |
2 | meeting with the Secretary of the Budget and the chairman and |
3 | minority chairman of the Appropriations Committee of the Senate |
4 | and the chairman and minority chairman of the Appropriations |
5 | Committee of the House of Representatives to discuss the |
6 | following: |
7 | (1) An assessment of the Pennsylvania economy and the |
8 | national economy and the impact of the economic trends on |
9 | revenue performance for the budget year and the succeeding |
10 | year. |
11 | (2) Recommended changes to revenue forecasting and |
12 | econometric models being considered by the office. |
13 | (3) Current year-to-date revenue collections by specific |
14 | tax or revenue source, including Federal funds, the General |
15 | Fund, the Lottery Fund and the Motor License Fund and |
16 | variations that may be occurring in the revenue estimate |
17 | submitted under section 505-A(a). |
18 | (4) Any statutory or tax policy changes that may be |
19 | recommended by the Governor or the General Assembly for the |
20 | next succeeding fiscal year. |
21 | Section 509-A. Access to information. |
22 | (a) Agencies.--The director is authorized to secure |
23 | information, data, expense information, estimates and statistics |
24 | directly from a Commonwealth agency or a political subdivision. |
25 | All Commonwealth agencies and political subdivisions shall |
26 | furnish the director with all reports of expenditure for each |
27 | agency and any other available material or data which the |
28 | director determines to be necessary in the performance of the |
29 | duties of the office, other than material the disclosure of |
30 | which would be a violation of law. The director is also |
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1 | authorized, upon agreement with the head of any Commonwealth |
2 | agency or political subdivision, to utilize the services, |
3 | facilities and personnel of the agency with or without |
4 | reimbursement. |
5 | (b) Office of the Budget.--In carrying out the duties and |
6 | functions of the office, the director is authorized to obtain |
7 | information, data, estimates and statistics developed by the |
8 | Office of the Budget and all Commonwealth agencies. The Governor |
9 | shall submit to the office copies of final agency budget |
10 | requests. |
11 | (c) Computer database.--In order to carry out its duties |
12 | under this article, the office shall have access to any |
13 | computerized database of a State agency that is required to aid |
14 | the office in the performance of its duties, except that any |
15 | statutory requirements regarding privacy of individuals' records |
16 | shall be observed in providing access. |
17 | (d) Daily revenue data.-- |
18 | (1) The Secretary of Revenue and the Secretary of the |
19 | Budget shall post revenue collection data for each deposit |
20 | day and make the information available to the office and the |
21 | chairman and minority chairman of the Appropriations |
22 | Committee of the Senate and the chairman and minority |
23 | chairman of the Appropriations Committee of the House of |
24 | Representatives. |
25 | (2) The daily revenue data shall be presented in a |
26 | manner similar to and consistent with the daily revenue data |
27 | provided on June 30, 2007. In no case shall each deposit day |
28 | contain less information than was accessible during the |
29 | 2006-2007 fiscal year as a result of changes in reporting |
30 | procedures, accounting systems or computer systems. |
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1 | (3) The Governor, the Attorney General, the Auditor |
2 | General and the State Treasurer shall cause to be prepared |
3 | any other revenue data as may be requested by the office. |
4 | (e) Civil action.--If information is not made available by a |
5 | Commonwealth agency or political subdivision within a reasonable |
6 | time, the director may make a written request to the agency |
7 | head, stating the authority to receive the information. The |
8 | agency head shall have ten days to respond. If the information |
9 | is not provided within ten days of the receipt of the agency |
10 | response, the director may bring a civil action to require the |
11 | agency head to provide the information. |
12 | Section 510-A. Selection and organization committee. |
13 | (a) Selection and organization committee.--There is |
14 | established a committee to organize the office and select the |
15 | director of the office consisting of the following: |
16 | (1) The chairman and minority chairman of the |
17 | Appropriations Committee of the Senate and the chairman and |
18 | minority chairman of the Appropriations Committee of the |
19 | House of Representatives. |
20 | (2) The Majority Leader and the Minority Leader of the |
21 | Senate and the Majority Leader and the Minority Leader of the |
22 | House of Representatives. |
23 | (3) The President pro tempore of the Senate and the |
24 | Speaker of the House of Representatives. |
25 | (4) The Governor. |
26 | (b) Duties of committee.--The following shall apply: |
27 | (1) By August 31, 2010, the selection and organization |
28 | committee shall deliberate the following: |
29 | (i) The organizational structure of the office. |
30 | (ii) The procedures to be adopted to select the |
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1 | director of the office. |
2 | (iii) The operational budget for the office. |
3 | (2) By October 31, 2010, the selection and organization |
4 | committee shall submit a report to the Secretary of the |
5 | Budget, the chairman and minority chairman of the |
6 | Appropriations Committee and the chairman and minority |
7 | chairman of the Finance Committee of the Senate and the |
8 | chairman and minority chairman of the Appropriations |
9 | Committee and the chairman and minority chairman of the |
10 | Finance Committee of the House of Representatives setting |
11 | forth a plan to establish the office, including an |
12 | operational budget, and to select the director of the office. |
13 | Section 511-A. Appointment. |
14 | (a) Director.--The office shall be headed by a director |
15 | appointed by the selection committee under section 510-A. The |
16 | appointment shall be made without regard to political |
17 | affiliation and solely on the basis of fitness to perform the |
18 | duties of the office based on qualifications published by the |
19 | selection committee. |
20 | (b) Deputy director.--The director shall appoint a deputy |
21 | director who shall perform such duties as assigned by the |
22 | director and who shall during the absence or incapacity of the |
23 | director or a vacancy act as the director. |
24 | (c) Term.--The term of office of the director shall be six |
25 | years. An individual appointed as director to fill a vacancy |
26 | prior to the expiration of a term shall serve only for the |
27 | unexpired portion of that term. An individual serving as |
28 | director at the expiration of a term may continue to serve until |
29 | a successor is appointed. |
30 | (d) Removal.--The director may be removed by a concurrent |
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1 | resolution passed by the Senate and the House of |
2 | Representatives. |
3 | Section 512-A. Powers and duties of director. |
4 | (a) Personnel.--The director shall appoint and fix the |
5 | compensation of personnel necessary to carry out the duties and |
6 | functions of the office. All personnel shall be appointed |
7 | without regard to political affiliation and solely on the basis |
8 | of their fitness to perform their duties. |
9 | (b) Experts and consultants.--In carrying out the duties and |
10 | functions of the office, the director may procure the temporary |
11 | or intermittent services of experts or consultants by contract. |
12 | Section 2. Section 1301.12(c) and (d) of the act, amended |
13 | June 29, 2002 (P.L.614, No.91), are amended to read: |
14 | Section 1301.12. Notice and Publication of Lists of Property |
15 | Subject to Custody and Control of the Commonwealth under this |
16 | Article.--* * * |
17 | (c) The State Treasurer is not required to [publish in such |
18 | notice] include in such notice published in an English language |
19 | newspaper of general circulation any item of less than [one |
20 | hundred dollars ($100)] two hundred fifty dollars ($250) or to |
21 | include in such notice published in a legal newspaper any item |
22 | of less than two hundred fifty dollars ($250), unless the State |
23 | Treasurer, in either instance, deems such publication to be in |
24 | the public interest. |
25 | (d) Within nine (9) months from the receipt of the report |
26 | required by section 1301.11, the State Treasurer shall mail a |
27 | notice to each person having an address listed who appears to be |
28 | entitled to property of the value of [one hundred dollars |
29 | ($100)] two hundred fifty dollars ($250) or more subject to |
30 | custody and control of the Commonwealth under this article. The |
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1 | mailed notice shall contain: |
2 | 1. A statement that, according to a report filed with the |
3 | State Treasurer, property is being held to which the addressee |
4 | appears entitled; |
5 | 2. The name and address of the holder of the property and |
6 | any necessary information regarding changes of name and address |
7 | of the holder; |
8 | 3. A statement that, if satisfactory proof of claim is not |
9 | presented by the owner to the holder by the date specified in |
10 | the published notice, claims should thereafter be filed with the |
11 | State Treasurer. |
12 | * * * |
13 | Section 3. The act is amended by adding articles to read: |
14 | ARTICLE XVI-B |
15 | BORROWING FOR CAPITAL FACILITIES |
16 | Section 1601-B. Scope. |
17 | This article relates to neighborhood improvement zones. |
18 | Section 1602-B. Definitions. |
19 | The following words and phrases when used in this article |
20 | shall have the meanings given to them in this section unless the |
21 | context clearly indicates otherwise: |
22 | "Capital Facilities Debt Enabling Act." The act of February |
23 | 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt |
24 | Enabling Act. |
25 | "City." A city of the third class with, on the effective |
26 | date of this section, a population of at least 106,000 and not |
27 | more than 107,000, based on the 2000 Federal decennial census. |
28 | "Contracting authority." An authority created under 53 |
29 | Pa.C.S. Ch. 56 (relating to municipal authorities) for the |
30 | purpose of designating a neighborhood improvement zone and |
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1 | constructing a facility or other authority created under the |
2 | laws of this Commonwealth which is eligible to apply for and |
3 | receive redevelopment assistance capital grants under Chapter 3 |
4 | of the act of February 9, 1999 (P.L.1, No.1), known as the |
5 | Capital Facilities Debt Enabling Act, and which is under a |
6 | contract with the Office of the Budget to receive those grants. |
7 | "Facility." A stadium, arena or other structure owned or |
8 | leased by professional sports organization at which professional |
9 | athletic events are conducted in the presence of individuals who |
10 | pay admission to view the event constructed or operated by the |
11 | contracting authority. |
12 | "Facility complex." A development or complex of residential, |
13 | commercial, exhibition, hospitality, conference, retail and |
14 | community uses which includes a stadium arena or other place |
15 | owned, leased or utilized by a professional sports organization |
16 | at which a professional athletic event or other events are |
17 | conducted in the presence of individuals who pay admission to |
18 | view the event. |
19 | "Fund." The Neighborhood Improvement Zone Fund established |
20 | under section 1604-B. |
21 | "Neighborhood improvement zone." A neighborhood improvement |
22 | zone designated by the contracting authority for the purposes of |
23 | neighborhood improvement and development within a city. |
24 | "Professional sports organization." A sole proprietorship, |
25 | corporation, limited liability company, partnership or |
26 | association that meets all of the following: |
27 | (1) Owns a professional sports franchise. |
28 | (2) Conducts professional athletic events of the sports |
29 | franchise at a facility. |
30 | "Qualified business." An entity authorized to conduct |
|
1 | business in this Commonwealth which is located or partially |
2 | located within a neighborhood improvement zone and is engaged in |
3 | the active conduct of a trade or business for the taxable year. |
4 | An agent, broker or representative of a business shall not be |
5 | considered to be in the active conduct of trade or business for |
6 | the business. |
7 | Section 1603-B. Facility. |
8 | The contracting authority may designate a neighborhood |
9 | improvement zone of not greater than 130 acres, in which a |
10 | facility or facility complex may be constructed, and may borrow |
11 | funds for the purpose of improvement and development within the |
12 | neighborhood improvement zone and construction of a facility or |
13 | facility complex within the zone. |
14 | Section 1604-B. Neighborhood Improvement Zone Fund. |
15 | (a) Special fund.--There is established a special fund known |
16 | as the Neighborhood Improvement Zone Fund. Interest income |
17 | derived from investment of the money in the fund shall be |
18 | credited by the Treasury Department to the fund. |
19 | (b) Calculation.--Within 60 days of the end of each quarter, |
20 | the Department of Revenue shall calculate the amounts under this |
21 | subsection for improvement and development in the neighborhood |
22 | improvement zone, the facility complex and the facility. The |
23 | contracting authority shall provide good faith estimates of |
24 | quarterly amounts to be calculated. The Department of Revenue |
25 | shall estimate the quarterly amounts, subject to an annual |
26 | reconciliation, and shall certify the amounts to the Office of |
27 | the Budget within 90 days of the end of a fiscal quarter. An |
28 | entity collecting a local tax within the neighborhood |
29 | improvement zone shall, within 30 days of the end of a fiscal |
30 | quarter, submit all of the local taxes collected that are to be |
|
1 | calculated under this subsection to the State Treasurer for |
2 | transfer to the fund under subsection (d). The following shall |
3 | be the amounts calculated: |
4 | (1) An amount equal to all corporate net income tax, |
5 | capital stock and franchise tax, personal income tax, |
6 | business privilege tax, business privilege licensing fees and |
7 | earned income tax related to the ownership and operation of a |
8 | professional sports organization conducting professional |
9 | athletic events at the facility or facility complex. |
10 | (2) An amount equal to all of the following: |
11 | (i) All personal income tax, earned income tax and |
12 | local services tax withheld from its employees by a |
13 | professional sports organization conducting professional |
14 | athletic events at the facility or facility complex. |
15 | (ii) All personal income tax, earned income tax and |
16 | local services tax withheld from the employees of any |
17 | provider of events at or services to, or any operator of |
18 | an enterprise in, the facility or facility complex. |
19 | (iii) All personal income tax, earned income tax and |
20 | local services tax to which the Commonwealth would be |
21 | entitled from performers or other participants, including |
22 | visiting teams, at an event or activity at the facility |
23 | or facility complex. |
24 | (3) An amount equal to all sales and use tax related to |
25 | the operation of the professional sports organization and the |
26 | facility and enterprises developed as part of the facility |
27 | complex. This paragraph shall include sales and use tax paid |
28 | by any provider of events or activities at or services to the |
29 | facility or facility complex, including sales and use tax |
30 | paid by vendors and concessionaires and contractors at the |
|
1 | facility or facility complex. |
2 | (4) An amount equal to all tax paid to the Commonwealth |
3 | related to the sale of any liquor, wine or malt or brewed |
4 | beverage in the facility or facility complex. |
5 | (5) The amount paid by the professional sports |
6 | organization or by any provider of events or activities at or |
7 | services to the facility or facility complex of any new tax |
8 | enacted by the Commonwealth following the effective date of |
9 | this section. |
10 | (6) An amount equal to all personal income tax, earned |
11 | income tax and local services tax withheld from personnel by |
12 | the professional sports organization or by a contractor or |
13 | other entity involved in the construction of the facility or |
14 | facility complex. |
15 | (7) An amount equal to all sales and use tax paid on |
16 | materials and other construction costs, whether withheld or |
17 | paid by the professional sports organization or other entity, |
18 | directly related to the construction of the facility or |
19 | facility complex. |
20 | (8) An amount equal to all of the following: |
21 | (i) All corporate net income tax, capital stock and |
22 | franchise tax, personal income tax, business privilege |
23 | tax, business privilege licensing fees and earned income |
24 | tax related to the ownership and operation of any |
25 | qualified business within the neighborhood improvement |
26 | zone. |
27 | (ii) All personal income tax, earned income tax and |
28 | local services tax withheld from its employees by a |
29 | qualified business within the neighborhood improvement |
30 | zone. |
|
1 | (iii) All personal income tax, earned income tax and |
2 | local services tax withheld from the employees of a |
3 | qualified business that provides events, activities or |
4 | services in the neighborhood improvement zone. |
5 | (iv) All personal income tax, earned income tax and |
6 | local services tax to which the Commonwealth would be |
7 | entitled from performers or other participants at an |
8 | event or activity in the neighborhood improvement zone. |
9 | (v) All sales and use tax related to the operation |
10 | of a qualified business within the neighborhood |
11 | improvement zone. This subparagraph shall include sales |
12 | and use tax paid by a qualified business that provides |
13 | events, activities or services in the neighborhood |
14 | improvement zone. |
15 | (vi) All tax paid by a qualified business to the |
16 | Commonwealth related to the sale of any liquor, wine or |
17 | malt or brewed beverage within the neighborhood |
18 | improvement zone. |
19 | (vii) The amount paid a qualified business within |
20 | the neighborhood improvement zone of any new tax enacted |
21 | by the Commonwealth following the effective date of this |
22 | section. |
23 | (viii) All personal income tax, earned income tax |
24 | and local services tax withheld from personnel by a |
25 | qualified business involved in the improvement, |
26 | development or construction of the neighborhood |
27 | improvement zone. |
28 | (ix) All sales and use tax paid on materials and |
29 | other construction costs, whether withheld or paid by the |
30 | professional sports organization or other qualified |
|
1 | business, directly related to the improvement, |
2 | development or construction of the neighborhood |
3 | improvement zone. |
4 | (x) An amount equal to any amusement tax paid by a |
5 | qualified business operating in the neighborhood |
6 | improvement zone. No political subdivision or other |
7 | entity authorized to collect amusement taxes may impose |
8 | or increase the rate of any tax on admissions to places |
9 | of entertainment, exhibition, amusement or upon athletic |
10 | events in the neighborhood improvement zone which are not |
11 | in effect on the date the neighborhood improvement zone |
12 | is designated by the contracting authority. |
13 | (9) Except for a tax levied against real property, an |
14 | amount equal to any tax imposed by the Commonwealth or any of |
15 | its political subdivisions on a qualified business engaged in |
16 | an activity within the neighborhood improvement zone. |
17 | (c) Income apportionment.--For the purpose of making the |
18 | calculations under subsection (b), the taxable income of a |
19 | corporation that is a qualified business shall be apportioned to |
20 | the neighborhood improvement zone by multiplying the |
21 | Pennsylvania taxable income by a fraction, the numerator of |
22 | which is the property factor plus the payroll factor plus the |
23 | sales factor and the denominator of which is three, in |
24 | accordance with the following: |
25 | (1) The property factor is a fraction, the numerator of |
26 | which is the average value of the taxpayer's real and |
27 | tangible personal property owned or rented and used in the |
28 | neighborhood improvement zone during the tax period and the |
29 | denominator of which is the average value of all the |
30 | taxpayer's real and tangible personal property owned or |
|
1 | rented and used in this Commonwealth during the tax period |
2 | but shall not include the security interest of any |
3 | corporation as seller or lessor in personal property sold or |
4 | leased under a conditional sale, bailment lease, chattel |
5 | mortgage or other contract providing for the retention of a |
6 | lien or title as security for the sales price of the |
7 | property. |
8 | (2) The following apply: |
9 | (i) The payroll factor is a fraction, the numerator |
10 | of which is the total amount paid in the neighborhood |
11 | improvement zone during the tax period by the taxpayer |
12 | for compensation and the denominator of which is the |
13 | total compensation paid in this Commonwealth during the |
14 | tax period. |
15 | (ii) Compensation is paid in the neighborhood |
16 | improvement zone if: |
17 | (A) the person's service is performed entirely |
18 | within the neighborhood improvement zone; |
19 | (B) the person's service is performed both |
20 | within and without the neighborhood improvement zone, |
21 | but the service performed without the neighborhood |
22 | improvement zone is incidental to the person's |
23 | service within the neighborhood improvement zone; or |
24 | (C) some of the service is performed in the |
25 | neighborhood improvement zone and the base of |
26 | operations or, if there is no base of operations, the |
27 | place from which the service is directed or |
28 | controlled is in the neighborhood improvement zone, |
29 | or the base of operations or the place from which the |
30 | service is directed or controlled is not in any |
|
1 | location in which some part of the service is |
2 | performed, but the person's residence is in the |
3 | neighborhood improvement zone. |
4 | (3) The sales factor is a fraction, the numerator of |
5 | which is the total sales of the taxpayer in the neighborhood |
6 | improvement zone during the tax period and the denominator of |
7 | which is the total sales of the taxpayer in this Commonwealth |
8 | during the tax period. |
9 | (i) Sales of tangible personal property are in the |
10 | neighborhood improvement zone if the property is |
11 | delivered or shipped to a purchaser that takes possession |
12 | within the neighborhood improvement zone regardless of |
13 | the F.O.B. point or other conditions of the sale. |
14 | (ii) Sales other than sales of tangible personal |
15 | property are in the neighborhood improvement zone if: |
16 | (A) the income-producing activity is performed |
17 | in the neighborhood improvement zone; or |
18 | (B) the income-producing activity is performed |
19 | both within and without the neighborhood improvement |
20 | zone and a greater proportion of the income-producing |
21 | activity is performed in the neighborhood improvement |
22 | zone than in any other location, based on costs of |
23 | performance. |
24 | (d) Transfers.-- |
25 | (1) Within ten days of receiving notification under |
26 | subsection (b), the Secretary of the Budget shall direct the |
27 | State Treasurer to, notwithstanding any other law, transfer |
28 | the amounts calculated under subsection (b) from the General |
29 | Fund to the fund. |
30 | (2) The State Treasurer shall provide quarterly payments |
|
1 | to the contracting authority until the bonds issued to |
2 | finance the improvement and development of the neighborhood |
3 | improvement zone and the construction of the contracted |
4 | facility or facility complex are retired. The payment in each |
5 | quarter shall be equal to the balance of the fund on the last |
6 | day of the prior calendar quarter. |
7 | (e) Restriction on use of funds.--Funds transferred under |
8 | subsection (d): |
9 | (1) May only be utilized for payment of debt service on |
10 | bonds issued for the improvement and development of all or |
11 | any part of the neighborhood improvement zone and the purpose |
12 | of constructing a facility or facility complex. |
13 | (2) May not be utilized for purposes of renovating or |
14 | repairing a facility or facility complex, except for capital |
15 | maintenance and improvement projects. |
16 | (f) Ticket surcharge.--The entity operating the facility may |
17 | collect a capital repair and improvement ticket surcharge, the |
18 | proceeds of which shall be deposited into the fund. The funds |
19 | shall be maintained and utilized as follows: |
20 | (1) The money deposited under this subsection may not be |
21 | encumbered for any reason and shall be transferred to the |
22 | entity for capital repair and improvement projects upon |
23 | request from the entity. |
24 | (2) Upon the expiration of the neighborhood improvement |
25 | zone under section 1606-B, any and all portions of the fund |
26 | attributable to the ticket surcharge shall be immediately |
27 | transferred to the contracting authority to be held in escrow |
28 | where they shall be unencumbered and maintained by the |
29 | contracting authority in the same manner as the fund. Upon |
30 | the transfer, any ticket surcharge collected by the operating |
|
1 | entity shall thereafter be deposited in the account |
2 | maintained by the contracting authority and dispersed for a |
3 | capital repair and improvement project upon request by the |
4 | operating entity. |
5 | Section 1605-B. Keystone Opportunity Zone. |
6 | Within 30 days of the effective date of this section, the |
7 | city shall apply to the department to decertify and remove the |
8 | designation of all or part of the Keystone Opportunity Zone in |
9 | accordance with section 309 of the act of October 6, 1998 |
10 | (P.L.705, No.92), known as the Keystone Opportunity Zone, |
11 | Keystone Opportunity Expansion Zone and Keystone Opportunity |
12 | Improvement Zone Act. The department shall act on the |
13 | application within 30 days. |
14 | Section 1606-B. Duration. |
15 | The neighborhood improvement zone shall be in effect for a |
16 | period equal to the length of time of the bonds that are |
17 | initially issued. |
18 | ARTICLE XVI-E |
19 | OIL AND GAS WELLS |
20 | SUBARTICLE A |
21 | PRELIMINARY PROVISIONS |
22 | Section 1601-E. Definitions. |
23 | The following words and phrases when used in this article |
24 | shall have the meanings given to them in this subarticle unless |
25 | the context clearly indicates otherwise: |
26 | "Active production well." An oil, gas or coal bed methane |
27 | well which is certified by the Department of Environmental |
28 | Protection as a well from which oil, gas or coal bed methane was |
29 | extracted during the fiscal year. |
30 | "Commonwealth lands." Land owned by the Commonwealth. The |
|
1 | term does not include land owned by the Commonwealth |
2 | administered by the Pennsylvania Game Commission or the |
3 | Pennsylvania Fish and Boat Commission. |
4 | "Department." The Department of Conservation and Natural |
5 | Resources. |
6 | "Fund." The Oil and Gas Lease Fund established under the act |
7 | of December 15, 1955 (P.L.865, No.256), entitled, "An act |
8 | requiring rents and royalties from oil and gas leases of |
9 | Commonwealth land to be placed in a special fund to be used for |
10 | conservation, recreation, dams, and flood control; authorizing |
11 | the Secretary of Forests and Waters to determine the need for |
12 | and location of such projects and to acquire the necessary |
13 | land." |
14 | "Marcellus well." An active production well certified by the |
15 | Department of Environmental Protection as a well from which gas |
16 | from the Marcellus Shale formation as determined by the United |
17 | States Geological Survey was extracted during the fiscal year, |
18 | including wells on Commonwealth and non-Commonwealth land. |
19 | "Responsible bidder." The term shall have the same meaning |
20 | as the term "responsible bidder" as defined in 62 Pa.C.S. § 103 |
21 | (relating to definitions). |
22 | SUBARTICLE B |
23 | ADMINISTRATION |
24 | Section 1611-E. Contracts. |
25 | In fiscal year 2009-2010 and in fiscal year 2010-2011, the |
26 | department shall conduct a competitive public auction to lease |
27 | State forest land each year for the production of Marcellus |
28 | Shale gas reserves in an amount that generates the amount |
29 | required to be transferred to the General Fund under section |
30 | 1615-E. The department shall advertise each auction of Marcellus |
|
1 | Shale gas reserves once a week for three weeks in at least two |
2 | newspapers of general circulation published nearest to the |
3 | locality of the State forest land to be leased and in the |
4 | Pennsylvania Bulletin. The department may not accept a bid for |
5 | the rights to explore and develop Marcellus Shale gas reserves |
6 | unless the bid is in an amount that reflects a reasonable market |
7 | price and maximizes revenues for the Commonwealth and is at |
8 | least $2,500 per acre. A lease contract shall be awarded to the |
9 | highest responsible bidder and shall require the posting of a |
10 | bond and carry a primary term of ten years, which may be |
11 | extended. Each lease contract shall reserve as royalty payable |
12 | to the Commonwealth not less than 16% of the market value of all |
13 | marketable gas produced at each wellhead. Nothing in this |
14 | section shall prevent the department from establishing a higher |
15 | minimum price or higher royalty in any request for or |
16 | solicitation of bids. Lease and royalty payments received by the |
17 | Commonwealth under a lease awarded under this paragraph shall be |
18 | deposited into the fund. |
19 | Section 1611.1-E. Wellhead meter. |
20 | Each active production well leased under section 1611-E shall |
21 | be equipped with a wellhead meter maintained according to |
22 | industry standards and accessible to the department. |
23 | Section 1612-E. Reports. |
24 | By June 1 of each year, the department, in cooperation with |
25 | the Department of Environmental Protection, shall certify to the |
26 | State Treasurer the number of Marcellus wells located in each |
27 | municipality on the first day of May of each year. |
28 | Section 1613-E. Fund. |
29 | Lease payments received by the Oil and Gas Lease Fund for the |
30 | development or storage of oil and gas reserves shall be |
|
1 | deposited into a separate lease account in the fund. Royalty |
2 | payments received by the Oil and Gas Lease Fund from the |
3 | production of oil and gas from active production wells on |
4 | Commonwealth lands shall be deposited into a separate royalties |
5 | account in the fund. |
6 | Section 1614-E. Appropriation. |
7 | Notwithstanding any other provision of law, beginning in |
8 | fiscal year 2010-2011, all money in the royalties account may |
9 | not be expended unless appropriated by the General Assembly. |
10 | Beginning in fiscal year 2010-2011, the sum of $30,000,000 from |
11 | the royalties account is appropriated annually to the department |
12 | to carry out the purposes set forth in the act of December 15, |
13 | 1955 (P.L.865, No.256), entitled "An act requiring rents and |
14 | royalties from oil and gas leases of Commonwealth land to be |
15 | placed in a special fund to be used for conservation, |
16 | recreation, dams, and flood control; authorizing the Secretary |
17 | of Forests and Waters to determine the need for and location of |
18 | such projects and to acquire the necessary land." |
19 | Section 1615-E. Use. |
20 | (a) Local distribution.--Notwithstanding any other provision |
21 | of law, beginning in fiscal year 2012-2013, 15% of the money in |
22 | the account for royalties in the fund, up to $50,000,000, shall |
23 | be distributed annually to municipalities impacted by the |
24 | operation of Marcellus wells in accordance with an allocation |
25 | plan and procedures adopted in a statute by the General |
26 | Assembly. |
27 | (b) Transfers from lease account.--Notwithstanding any other |
28 | provision of law, the following shall apply: |
29 | (1) In fiscal year 2009-2010, the amount of $60,000,000 |
30 | shall be transferred from the lease account to the General |
|
1 | Fund. |
2 | (2) In fiscal year 2010-2011, the amount of $180,000,000 |
3 | shall be transferred from the lease account to the General |
4 | Fund. |
5 | Section 3.1. Article XVII-A of the act is amended by adding |
6 | subarticles to read: |
7 | SUBARTICLE H |
8 | PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT |
9 | AND TOURISM FUND |
10 | Section 1771-A. Definitions. |
11 | The following words and phrases when used in this subarticle |
12 | shall have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Affiliated entity." Any of the following: |
15 | (1) A subsidiary or holding company of a lobbying firm |
16 | or other business entity owned in whole or in part by a |
17 | lobbying firm. |
18 | (2) An organization recognized by the Internal Revenue |
19 | Service as a tax-exempt organization under section 501(c) of |
20 | the Internal Revenue Code of 1986 (Public Law 99-514, 26 |
21 | U.S.C. § 501(c)) established by a lobbyist or lobbying firm |
22 | or an affiliated entity. |
23 | "Authority." The Commonwealth Financing Authority. |
24 | "Eligible applicant." As defined in the H2O PA Act. |
25 | "H2O PA Act." The act of July 9, 2008 (P.L.908, No.63), |
26 | known as the H2O PA Act. |
27 | "High hazard unsafe dam." As defined in the H2O PA Act. |
28 | "Lobbying." The term shall have the meaning given to it in |
29 | 65 Pa.C.S. § 13A03 (relating to definitions). The term shall |
30 | also include an effort to influence the action of the authority |
|
1 | or the Department of Community and Economic Development relating |
2 | to the approval, award, receipt or denial of a grant under the |
3 | H2O PA Act. |
4 | "Project." As defined in the H2O PA Act. |
5 | Section 1772-A. Certification of funds. |
6 | On or before January 1 of each year, the Secretary of the |
7 | Budget shall certify to the authority and the State Treasurer |
8 | the amount of funds available for transfer from the Gaming |
9 | Economic Development and Tourism Fund under the provisions of |
10 | section 301 of the H2O PA Act, for the next fiscal year. |
11 | Section 1773-A. Request for appropriation. |
12 | If inadequate funds are available to the authority to pay all |
13 | the costs related to indebtedness incurred to fund projects |
14 | under the H2O PA Act after the transfer of funds from the Gaming |
15 | Economic Development and Tourism Fund under section 301 of the |
16 | H2O PA Act, the Secretary of the Budget on behalf of the |
17 | authority shall seek an appropriation from the General Fund to |
18 | fully pay the costs. |
19 | Section 1774-A. Amount of grants. |
20 | Notwithstanding the provisions of section 501(d) of the H2O |
21 | PA Act, grants shall be made as follows: |
22 | (1) A minimum of $85,000,000 shall be awarded to flood |
23 | control projects. |
24 | (2) A minimum of $50,000,000 shall be awarded to high- |
25 | hazard unsafe dam projects. No more than $20,000,000 may go |
26 | to an eligible applicant that is the Commonwealth or an |
27 | independent agency. |
28 | Section 1775-A. Eligible applicants. |
29 | Notwithstanding any other provision of the H2O PA Act to the |
30 | contrary, a not-for-profit organization that owns a high-hazard |
|
1 | unsafe dam and has filed with the authority an application for a |
2 | grant under section 502(a)(3) of the H2O PA Act prior to the |
3 | effective date of this section shall be an eligible applicant |
4 | for a grant under section 502(a)(3) of the H2O PA Act. |
5 | Section 1776-A. Prohibited activities. |
6 | (a) Limitation on giving compensation.--A person or its |
7 | affiliated entity may not compensate or incur an obligation to |
8 | compensate a person to engage in lobbying for compensation |
9 | contingent in whole or in part upon the approval, award, receipt |
10 | or denial of a grant under Chapters 1 through 7 of the H2O PA |
11 | Act. |
12 | (b) Limitation on receiving compensation.--A person or its |
13 | affiliated entity may not engage in or agree to engage in |
14 | lobbying for compensation contingent in whole or in part upon |
15 | the approval, award, receipt or denial of any grant under |
16 | Chapters 1 through 7 of the H2O PA Act. |
17 | (c) Inapplicability.--The provisions of this section shall |
18 | not apply to an eligible applicant that compensates a person to |
19 | prepare or assist in the preparation of a grant application and |
20 | related materials for submission to the authority under the H2O |
21 | PA Act if the following requirements are met: |
22 | (1) The person is not identified in the submitted |
23 | application. |
24 | (2) The person has no direct contact with the authority, |
25 | unless the person is responding to requests for additional |
26 | information or clarification. |
27 | (3) The person is paid a fixed fee for the preparation |
28 | or assistance or a percentage of the amount of any grant |
29 | approved, awarded or received of up to .5%. |
30 | (d) Violation.--A violation of this section shall be |
|
1 | considered an intentional violation of 65 Pa.C.S. § 13A09(e) |
2 | (relating to penalties). |
3 | SUBARTICLE I |
4 | WATER AND SEWER SYSTEMS |
5 | ASSISTANCE BOND FUND |
6 | Section 1781-A. Definitions. |
7 | The following words and phrases when used in this subarticle |
8 | shall have the meanings given to them in this section unless the |
9 | context clearly indicates otherwise: |
10 | "Assistance Act." The act of July 9, 2008 (P.L.915, No.64), |
11 | known as the Water and Sewer Systems Assistance Act. |
12 | "Fund." The Water and Sewer Systems Assistance Bond Fund. |
13 | "Issuing officials." The Governor, the Auditor General and |
14 | the State Treasurer. |
15 | "Nutrient credit." As defined in the Assistance Act. |
16 | "Project." As defined in the Assistance Act. |
17 | "Municipality." As defined in the Assistance Act. |
18 | Section 1782-A. Water and Sewer Systems Assistance Bond Fund. |
19 | (a) Establishment.--The Water and Sewer Systems Assistance |
20 | Bond Fund, which is created in the State Treasury, shall be the |
21 | source from which all payments are authorized, with the approval |
22 | of the Governor, to carry out the purposes of this section and |
23 | as otherwise provided for in the Assistance Act. |
24 | (b) Purpose of fund.--The money in the fund shall only be |
25 | utilized in accordance with the provisions of the Assistance Act |
26 | for grants and loans to municipalities, public utilities and |
27 | other entities implementing eligible projects and for the |
28 | purchase or trading of nutrient credits. |
29 | (c) Exemption.--Money in the fund is exempt and not to be |
30 | considered under the limitations of section 5(c)(2) of the act |
|
1 | of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania |
2 | Infrastructure Investment Authority Act. |
3 | Section 1783-A. Commonwealth indebtedness. |
4 | (a) Borrowing authorized.-- |
5 | (1) If the electorate approves a referendum question, in |
6 | accordance with the provisions of the Assistance Act, for |
7 | incurring indebtedness in the amount and for the purposes |
8 | prescribed in the Assistance Act and this article, the |
9 | issuing officials, pursuant to the provisions of section 7(a) |
10 | (3) of Article VIII of the Constitution of Pennsylvania, are |
11 | authorized and directed to borrow, on the credit of the |
12 | Commonwealth, money not exceeding in the aggregate the sum of |
13 | $400,000,000, in increments of not more than $150,000,000 |
14 | every year over a three-year period after the effective date |
15 | of this section, not including money borrowed to refund |
16 | outstanding bonds, notes or replacement notes, as may be |
17 | found necessary to carry out the purposes of the Assistance |
18 | Act. |
19 | (2) As evidence of the indebtedness, general obligation |
20 | bonds of the Commonwealth shall be issued to provide money |
21 | necessary to carry out the purposes of the Assistance Act for |
22 | the total amounts, in the form, in the denominations and |
23 | subject to the terms and conditions of issue, redemption and |
24 | maturity, rate of interest and time of payment of interest, |
25 | as the issuing officials direct, except that the latest |
26 | stated maturity date shall not exceed 20 years from the date |
27 | of the first obligation issued to evidence the debt. |
28 | (3) All bonds and notes issued under the authority of |
29 | the Assistance Act must bear facsimile signatures of the |
30 | issuing officials and a facsimile of the Great Seal of the |
|
1 | Commonwealth and must be countersigned by an authorized |
2 | officer of an authorized loan and transfer agent of the |
3 | Commonwealth. |
4 | (4) All bonds and notes issued in accordance with the |
5 | provisions of this section shall be direct obligations of the |
6 | Commonwealth, and the full faith and credit of the |
7 | Commonwealth is pledged for the payment of the interest on |
8 | them, as it becomes due, and for the payment of the principal |
9 | at maturity. The principal of and interest on the bonds and |
10 | notes shall be payable in lawful money of the United States. |
11 | (5) All bonds and notes issued under the provisions of |
12 | this section shall be exempt from taxation for State and |
13 | local purposes. |
14 | (6) The bonds may be issued as coupon bonds or |
15 | registered as to both principal and interest as the issuing |
16 | officials determine. If interest coupons are attached, they |
17 | shall contain the facsimile signature of the State Treasurer. |
18 | (7) The issuing officials shall provide for amortization |
19 | of the bonds in substantial and regular amounts over the term |
20 | of the debt so that the bonds of each issue allocated to the |
21 | project to be funded from the bond issue shall mature within |
22 | a period not to exceed the appropriate amortization period |
23 | for each project as specified by the issuing officials, but |
24 | in no case in excess of 20 years. The first retirement of |
25 | principal shall be stated to mature prior to the expiration |
26 | of a period of time equal to one-tenth of the time from the |
27 | date of the first obligation issued to evidence the debt to |
28 | the date of the expiration of the term of the debt. |
29 | Retirements of principal shall be regular and substantial if |
30 | made in annual or semiannual amounts, whether by stated |
|
1 | serial maturities or by mandatory sinking fund retirements. |
2 | (8) The issuing officials are authorized to provide by |
3 | resolution for the issuance of refunding bonds for the |
4 | purpose of refunding any debt issued under the provisions of |
5 | the Assistance Act and this article and outstanding, either |
6 | by voluntary exchange with the holders of the outstanding |
7 | debt or by providing funds to redeem and retire the |
8 | outstanding debt with accrued interest, any premium payable |
9 | on the debt and the costs of issuance and retirement of the |
10 | debt, at maturity or at any call date. The issuance of the |
11 | refunding bonds, the maturities and other details of the |
12 | refunding bonds, the rights of the holders of the refunding |
13 | bonds and the duties of the issuing official in respect to |
14 | the refunding bonds shall be governed by the applicable |
15 | provisions of this section. Refunding bonds, which are not |
16 | subject to the aggregate limitation of $400,000,000 of debt |
17 | to be issued under the Assistance Act, may be issued by the |
18 | issuing officials to refund debt originally issued or to |
19 | refund bonds previously issued for refunding purposes. |
20 | (9) If action is to be taken or decision made by the |
21 | issuing officials and the issuing officials are not able |
22 | unanimously to agree, the action or decision of the Governor |
23 | and either the Auditor General or the State Treasurer shall |
24 | be binding and final. |
25 | (b) Sale of bonds.-- |
26 | (1) When bonds are issued, they shall be offered for |
27 | sale at not less than 98% of the principal amount and accrued |
28 | interest and shall be sold by the issuing officials to the |
29 | highest and best bidder or bidders after due public |
30 | advertisement on the terms and conditions and upon open |
|
1 | competitive bidding as the issuing officials direct. The |
2 | manner and character of the advertisement and the time of |
3 | advertising shall be prescribed by the issuing officials. No |
4 | commission shall be allowed or paid for the sale of any bonds |
5 | issued under the authority of the Assistance Act and this |
6 | article. |
7 | (2) Any portion of any bond issue so offered and not |
8 | sold or subscribed for at public sale may be disposed of by |
9 | private sale by the issuing officials in the manner and at |
10 | prices, not less than 98% of the principal amount and accrued |
11 | interest, as the Governor directs. No commission shall be |
12 | allowed or paid for the sale of any bonds issued under the |
13 | authority of the Assistance Act. |
14 | (3) When bonds are issued, the bonds of each issue shall |
15 | constitute a separate series to be designated by the issuing |
16 | officials or may be combined for sale as one series with |
17 | other general obligation bonds of the Commonwealth. |
18 | (4) Until permanent bonds can be prepared, the issuing |
19 | officials may issue, in lieu of permanent bonds, temporary |
20 | bonds in the form and with the privileges as to registration |
21 | and exchange for permanent bonds as determined by the issuing |
22 | officials. |
23 | (5) The proceeds realized from the sale of bonds and |
24 | notes, except refunding bonds and replacement notes, under |
25 | the provisions of the Assistance Act and this article shall |
26 | be paid into the fund. The proceeds shall be paid by the |
27 | State Treasurer periodically to those Commonwealth officers |
28 | and Commonwealth agencies authorized to expend them at the |
29 | times and in the amounts necessary to satisfy the funding |
30 | needs of those Commonwealth agencies. The proceeds of the |
|
1 | sale of refunding bonds and replacement notes shall be paid |
2 | to the State Treasurer and applied to the payment of |
3 | principal, any accrued interest and premium and the cost of |
4 | redemption of the bonds and notes for which the obligations |
5 | shall have been issued. |
6 | (6) Pending application for the purposes authorized, |
7 | money held or deposited by the State Treasurer may be |
8 | invested or reinvested as are other funds in the custody of |
9 | the State Treasurer in the manner provided by law. All |
10 | earnings received from the investment or deposit of the funds |
11 | shall be paid into the State Treasury to the credit of the |
12 | fund. The earnings in excess of bond discounts allowed, |
13 | expenses paid for the issuance of bonds and notes and |
14 | interest arbitrage rebates due to the Federal Government |
15 | shall be transferred annually to the fund. Any interest or |
16 | investment income shall be applied to assist in the payment |
17 | of the debt service incurred in connection with the |
18 | Assistance Act and this article. |
19 | (7) The Auditor General shall prepare the necessary |
20 | registry book to be kept in the office of the authorized loan |
21 | and transfer agent of the Commonwealth for the registration |
22 | of any bonds, at the request of owners of the bonds, |
23 | according to the terms and conditions of issue directed by |
24 | the issuing officials. |
25 | (8) There is appropriated to the State Treasurer from |
26 | the fund as much money as may be necessary for all costs and |
27 | expenses in connection with the issue of and sale and |
28 | registration of the bonds and notes in connection with the |
29 | Assistance Act and this article and the payment of interest |
30 | arbitrage rebates or proceeds of the bonds and notes. |
|
1 | (c) Temporary financing authorization.-- |
2 | (1) Pending the authorized issuance of bonds of the |
3 | Commonwealth, the issuing officials are authorized, in |
4 | accordance with the provisions of the Assistance Act and this |
5 | article and on the credit of the Commonwealth, to make |
6 | temporary borrowings not to exceed three years in |
7 | anticipation of the issue of bonds in order to provide funds |
8 | in the amounts deemed advisable prior to the issue of bonds. |
9 | In order to provide for and in connection with the temporary |
10 | borrowings, the issuing officials are authorized in the name |
11 | and on behalf of the Commonwealth to enter into any purchase, |
12 | loan or credit agreement or other agreement with any bank, |
13 | trust company or other lending institution, investment |
14 | banking firm or person, in the United States having power to |
15 | enter into the agreement. The agreement may contain |
16 | provisions which are not inconsistent with the provisions of |
17 | the Assistance Act or this article and authorized by the |
18 | issuing officials. |
19 | (2) All temporary borrowings made under this section |
20 | shall be evidenced by notes of the Commonwealth, which shall |
21 | be issued for amounts not exceeding in the aggregate the |
22 | applicable statutory and constitutional debt limitation in |
23 | the form and denominations and subject to terms and |
24 | conditions of sale and issue, prepayment or redemption and |
25 | maturity, rate of interest and time of payment of interest as |
26 | the issuing officials authorize and direct in accordance with |
27 | the Assistance Act and this article. The authorization and |
28 | direction may provide for the subsequent issuance of |
29 | replacement notes to refund outstanding notes or replacement |
30 | notes. The replacement notes shall, upon issuance, evidence |
|
1 | the borrowing and may specify other terms and conditions with |
2 | respect to the notes and replacement notes as the issuing |
3 | officials determine and direct. |
4 | (3) If the authorization and direction of the issuing |
5 | officials provide for the issuance of replacement notes, the |
6 | following shall apply: |
7 | (i) The issuing officials may, on behalf of the |
8 | Commonwealth, issue, enter into or authorize and direct |
9 | the State Treasurer to enter into an agreement with any |
10 | bank, trust company, investment banking firm or other |
11 | institution or person, in the United States having the |
12 | power to enter the agreement: |
13 | (A) To purchase or underwrite an issue or series |
14 | of issues or notes. |
15 | (B) To credit, enter into a purchase, loan or |
16 | credit agreement, draw money pursuant to the |
17 | agreement on the terms and conditions set forth in |
18 | the agreement and issue notes as evidence of |
19 | borrowings made under the agreements. |
20 | (C) To appoint an issuing and payment agent or |
21 | agents with respect to the notes. |
22 | (D) To do other acts necessary or appropriate to |
23 | provide for the payment, when due, of the interest on |
24 | and the principal of the notes. |
25 | (ii) The agreements may provide for the compensation |
26 | of purchasers or underwriters of notes or replacement |
27 | notes by discounting the purchase price of the notes or |
28 | by payment of a fixed fee or commission at the time of |
29 | issuance. All other costs and expenses, including fees |
30 | for agreements related to the notes, issuing and paying |
|
1 | agent costs and costs and expenses of issuance, may be |
2 | paid from the proceeds of the notes. |
3 | (4) If the issuing officials provide for the issuance of |
4 | replacement notes all subject to the authorization and |
5 | direction of the issuing officials, the following apply: |
6 | (i) At or prior to the time of delivery of the notes |
7 | or replacement notes, the State Treasurer shall determine |
8 | the principal amount, date of issue, interest rate or |
9 | procedure for establishing interest rate, rate of |
10 | discount, denominations and all other terms and |
11 | conditions relating to the issuance. |
12 | (ii) The State Treasurer shall perform all acts |
13 | necessary to pay or cause to be paid, when due, all |
14 | principal of and interest on the notes being refunded by |
15 | replacement notes and to assure that the replacement |
16 | notes may draw upon any money available for that purpose |
17 | pursuant to any purchase, loan or credit agreement |
18 | established with respect to the replacement notes. |
19 | (5) Outstanding notes evidencing the borrowings may be |
20 | funded and retired by the issuance and sale of the bonds of |
21 | the Commonwealth as authorized in this subarticle. The |
22 | refunding bonds shall be issued and sold no later than a date |
23 | three years after the date of issuance of the first notes |
24 | evidencing the borrowings to the extent that payment of the |
25 | notes has not otherwise been made or provided for by sources |
26 | other than proceeds of replacement notes. |
27 | (6) The proceeds of all the temporary borrowing shall be |
28 | paid to the State Treasurer to be held and disposed of in |
29 | accordance with the provisions of the Assistance Act and this |
30 | article. |
|
1 | (d) Debt retirement.-- |
2 | (1) All bonds issued under the Assistance Act and this |
3 | article shall be redeemed at maturity, together with all |
4 | interest due on the bonds; and these principal and interest |
5 | payments shall be paid from the Water and Sewer Systems |
6 | Assistance Bond Sinking Fund, which is created. For the |
7 | specific purpose of redeeming the bonds at maturity and |
8 | paying all interest on the bonds in accordance with the |
9 | information received from the Governor, the General Assembly |
10 | shall appropriate money to the Water and Sewer Systems |
11 | Assistance Bond Sinking Fund for the payment of interest on |
12 | the bonds and notes and their principal at maturity. All |
13 | money paid into the Water and Sewer Systems Assistance Bond |
14 | Sinking Fund and all of the money not necessary to pay |
15 | accruing interest shall be invested by the State Treasurer in |
16 | the securities as are provided by law for the investment of |
17 | the sinking funds of the Commonwealth. |
18 | (2) The State Treasurer, with the approval of the |
19 | Governor, may use any of the money in the fund not necessary |
20 | to conduct the referendum authorizing the indebtedness |
21 | necessary to carry out the Assistance Act and this article to |
22 | purchase and retire of all or part of the bonds and notes |
23 | issued pursuant to the Assistance Act and this article. If |
24 | all or part of the bonds and notes are purchased, they shall |
25 | be canceled and returned to the loan and transfer agent as |
26 | canceled and paid bonds and notes. Following the purchase, |
27 | all payments of interest on the bonds and notes shall cease. |
28 | The canceled bonds, notes and coupons, together with any |
29 | other canceled bonds, notes and coupons, shall be destroyed |
30 | as promptly as possible, but no later than two years after |
|
1 | cancellation. A certification evidencing the destruction of |
2 | the canceled bonds, notes and coupons shall be provided by |
3 | the loan and transfer agent to the issuing officials. All |
4 | canceled bonds, notes and coupons shall be marked to make the |
5 | canceled bonds, notes and coupons nonnegotiable. |
6 | (3) The State Treasurer shall determine and report to |
7 | the Secretary of the Budget by November 1 of each year the |
8 | amount of money necessary for the payment of interest on |
9 | outstanding obligations and the principal of the obligations, |
10 | if any, for the following fiscal year and the times and |
11 | amounts of the payments. The Governor shall include in every |
12 | budget submitted to the General Assembly full information |
13 | relating to the issuance of bonds and notes under the |
14 | Assistance Act and this article and the status of the Water |
15 | and Sewer Systems Assistance Bond Sinking Fund for the |
16 | payment of interest on the bonds and notes and their |
17 | principal at maturity. |
18 | (4) The General Assembly shall appropriate an amount |
19 | equal to the sums necessary to meet repayment obligations for |
20 | principal and interest for deposit into the Water and Sewer |
21 | Systems Assistance Bond Sinking Fund. |
22 | (e) Expiration.--Authorization to issue bonds and notes, not |
23 | including refunding bonds and replacement notes, for the purpose |
24 | of the Assistance Act and this article shall expire ten years |
25 | from the effective date of this section. |
26 | Section 4. Sections 1721-E, 1722-E, 1723-E, 1733-E and 1735- |
27 | E of the act, added July 17, 2007 (P.L.141, No.42), are amended |
28 | to read: |
29 | Section 1721-E. Department of Corrections [(Reserved)]. |
30 | The following shall apply to appropriations for the |
|
1 | Department of Corrections: |
2 | (1) When making expenditures from appropriations for the |
3 | operation of State correctional institutions, the Department |
4 | of Corrections shall give consideration to minimum relief |
5 | factor values calculated when determining staffing levels for |
6 | corrections officers and food service instructors at each |
7 | State correctional institution. |
8 | (2) (Reserved). |
9 | Section 1722-E. Department of Education [(Reserved)]. |
10 | (a) General rule.--For the 2010-2011 school year and every |
11 | school year thereafter, payments under section 1376.1(b.2) of |
12 | the act of March 10, 1949 (P.L.30, No.14), known as the Public |
13 | School Code of 1949, for a chartered school that establishes a |
14 | satellite campus with the approval of the department for the |
15 | purpose of enrolling students previously enrolled in a school |
16 | for the deaf formerly operated by the Commonwealth shall, in |
17 | addition to any amount otherwise calculated under section |
18 | 1376.1(b.2), include the amount provided in fiscal year |
19 | 2009-2010 pursuant to section 1722-J(10)(ii). The total shall be |
20 | subject to the annual adjustment under section 1376.1(b.2)(1) of |
21 | the Public School Code of 1949. |
22 | (b) Additional funding.--For the 2010-2011 and 2011-2012 |
23 | school years, in addition to any other funds provided to it, the |
24 | department shall provide to a chartered school that establishes |
25 | a satellite campus with approval of the department for the |
26 | purpose of enrolling students previously enrolled in a school |
27 | for the deaf formerly operated by the Commonwealth, out of funds |
28 | appropriated to the department, an amount equal to $500,000 |
29 | annually to the extent appropriated by the General Assembly. |
30 | Section 1723-E. Department of Environmental Protection |
|
1 | [(Reserved)]. |
2 | The Department of Environmental Protection may assess a fee |
3 | to applicants who apply for funds under section 306 of the act |
4 | of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known as the |
5 | Alternative Energy Investment Act. The department shall publish |
6 | the fee on its publicly accessible Internet website. Proceeds |
7 | from the fee shall be used to administer the provision of loans, |
8 | grants, reimbursements or rebates under section 306 of the |
9 | Alternative Energy Investment Act. No fee authorized under this |
10 | section may exceed $150 for commercial applicants and $100 for |
11 | residential applicants. |
12 | Section 1733-E. Pennsylvania State Police [(Reserved)]. |
13 | The following shall apply to appropriations for the |
14 | Pennsylvania State Police: |
15 | (1) The Pennsylvania State Police may not close a |
16 | barracks until the Pennsylvania State Police conducts a |
17 | public hearing and provides 30 days' notice, which shall be |
18 | published in the Pennsylvania Bulletin and in at least two |
19 | local newspapers. |
20 | (2) (Reserved). |
21 | Section 1735-E. Pennsylvania Emergency Management Agency |
22 | [(Reserved)]. |
23 | The Pennsylvania Emergency Management Agency shall provide |
24 | semiannual reports of all grants awarded by the Pennsylvania |
25 | Emergency Management Agency from Federal disaster assistance or |
26 | relief funds, homeland security and defense funds, avian |
27 | flu/pandemic preparedness or other public health emergency funds |
28 | to the chairman and minority chairman of the Appropriations |
29 | Committee of the Senate and the chairman and minority chairman |
30 | of the Appropriations Committee of the House of Representatives. |
|
1 | The reports shall include information relating to the entity |
2 | receiving grant money from the agency, including the name and |
3 | address of the entity, the amount of the grant, the date of |
4 | issuance and the purpose of the grant. Reports shall be |
5 | submitted by August 15 for grants awarded during the period from |
6 | January 1 through June 30 and by February 15 for grants awarded |
7 | during the period from July 1 through December 31. |
8 | Section 5. The act is amended by adding articles to read: |
9 | ARTICLE XVII-J |
10 | 2009-2010 BUDGET IMPLEMENTATION |
11 | SUBARTICLE A |
12 | PRELIMINARY PROVISIONS |
13 | Section 1701-J. Applicability. |
14 | Except as specifically provided in this article, this article |
15 | applies to the General Appropriation Act of 2009, the |
16 | Supplemental Appropriation Act of 2009 and, as appropriate, all |
17 | other appropriation acts of 2009. |
18 | Section 1702-J. Definitions and abbreviations. |
19 | (a) Definitions.--The following words and phrases when used |
20 | in this article shall have the meanings given to them in this |
21 | section unless the context clearly indicates otherwise: |
22 | "General Appropriation Act." The act of August 5, 2009 (P.L. |
23 | , No.1A), known as the General Appropriation Act of 2009, and |
24 | the act of , 2009 (P.L. , No. ), known as the |
25 | Supplemental Appropriation Act of 2009. |
26 | "Secretary." The Secretary of the Budget of the |
27 | Commonwealth. |
28 | (b) Abbreviations.--The following abbreviations when used in |
29 | this article shall have the meanings given to them in this |
30 | section: |
|
1 | "AIDS." Acquired Immune Deficiency Syndrome. |
2 | "ARC." Appalachian Regional Commission. |
3 | "ARRA." The American Recovery and Reinvestment Act of 2009 |
4 | (Public Law 111-5, 123 Stat. 115). |
5 | "BG." Block Grant. |
6 | "CCDFBG." Child Care and Development Fund Block Grant. |
7 | "Chartered school." A school chartered by the Commonwealth. |
8 | "CSBG." Community Services Block Grant. |
9 | "DCSI." Drug Control and Systems Improvement Formula Grant |
10 | Program. |
11 | "DFSC." The Safe and Drug-Free Schools and Communities Act |
12 | (Public Law 107-110, 20 U.S.C. § 7101 et seq.). |
13 | "DOE." Department of Energy. |
14 | "EEOC." Equal Employment Opportunity Commission. |
15 | "EPA." Environmental Protection Agency. |
16 | "ESEA." The Elementary and Secondary Education Act of 1965 |
17 | (Public Law 89-10, 20 U.S.C. § 6301 et seq.). |
18 | "FEMA." Federal Emergency Management Agency. |
19 | "FTA." Federal Transit Administration. |
20 | "HUD." Department of Housing and Urban Development. |
21 | "LIHEABG." Low-Income Home Energy Assistance Block Grant. |
22 | "LSTA." The Library Services and Technology Act (Public Law |
23 | 104-208, 20 U.S.C. § 9101 et seq.). |
24 | "MCHSBG." Maternal and Child Health Services Block Grant. |
25 | "MHSBG." Mental Health Services Block Grant. |
26 | "MR." Mental Retardation. |
27 | "PAFE." Pennsylvania Agricultural Food Exposition. |
28 | "PHHSBG." Preventive Health and Health Services Block Grant. |
29 | "RSAT." Residential Substance Abuse Treatment. |
30 | "SABG." Substance Abuse Block Grant. |
|
1 | "SCDBG." Small Communities Development Block Grant. |
2 | "SDA." Service Delivery Area. |
3 | "SSBG." Social Services Block Grant. |
4 | "TANF." Temporary Assistance for Needy Families. |
5 | "TANFBG." Temporary Assistance for Needy Families Block |
6 | Grant. |
7 | "TEFAP." Temporary Emergency Food Assistance Program. |
8 | "WIA." The Workforce Investment Act of 1998 (Public Law |
9 | 105-220, 112 Stat. 936). |
10 | "WIC." Women, Infants and Children Program. |
11 | Section 1703-J. Warrants (Reserved). |
12 | SUBARTICLE B |
13 | EXECUTIVE DEPARTMENT |
14 | Section 1711-J. Governor (Reserved). |
15 | Section 1712-J. Executive Offices. |
16 | The following shall apply to appropriations for the Executive |
17 | Offices: |
18 | (1) Funds appropriated for public television station |
19 | grants shall be paid in an amount equal to the formula award |
20 | amount determined by the Pennsylvania Public Television |
21 | Commission for fiscal year 2008-2009. If insufficient funds |
22 | are appropriated, such payments shall be paid on a pro rata |
23 | basis. |
24 | (2) (Reserved). |
25 | Section 1713-J. Lieutenant Governor (Reserved). |
26 | Section 1714-J. Attorney General (Reserved). |
27 | Section 1715-J. Auditor General (Reserved). |
28 | Section 1716-J. Treasury Department (Reserved). |
29 | Section 1717-J. Department of Aging (Reserved). |
30 | Section 1718-J. Department of Agriculture (Reserved). |
|
1 | Section 1719-J. Department of Community and Economic |
2 | Development. |
3 | The sum of $12,000,000 shall be transferred from the Small |
4 | Business First Fund to the Machinery and Equipment Loan Fund to |
5 | be used in accordance with 12 Pa.C.S. § 2905 (relating to |
6 | eligibility for loans; terms and conditions). |
7 | Section 1720-J. Department of Conservation and Natural |
8 | Resources (Reserved). |
9 | Section 1721-J. Department of Corrections (Reserved). |
10 | Section 1722-J. Department of Education. |
11 | The following shall apply to appropriations for the |
12 | Department of Education from the General Appropriation Act: |
13 | (1) Notwithstanding any other provision of law, funds |
14 | received under the ARRA shall be spent in accordance with the |
15 | ARRA and applicable rules and guidelines developed by the |
16 | Federal Government. |
17 | (2) Notwithstanding any other provision of law, a board |
18 | of school directors of a school district may reopen its |
19 | 2009-2010 budget to reflect Federal and State allocations for |
20 | fiscal year 2009-2010 provided by the General Appropriation |
21 | Act. |
22 | (3) Annual payments from the appropriation to |
23 | institutions of higher learning for defraying the expenses of |
24 | hearing-impaired or sight-impaired students shall not exceed |
25 | $500 per student. |
26 | (4) Notwithstanding any other provision of law, Federal |
27 | and State funds shall be distributed to each community |
28 | college in an amount equal to the amount paid under section |
29 | 1913-A(b)(1.6) of the act of March 10, 1949 (P.L.30, No.14), |
30 | known as the Public School Code of 1949, during the 2008-2009 |
|
1 | fiscal year. If insufficient funds are appropriated, the |
2 | payments shall be made on a pro rata basis. |
3 | (5) Funds appropriated for special education payments to |
4 | school districts shall be distributed to each school district |
5 | in an amount equal to the amount paid during the 2008-2009 |
6 | school year under section 2509.5(zz) of the Public School |
7 | Code of 1949. If insufficient funds are appropriated, the |
8 | payments shall be made on a pro rata basis. |
9 | (6) (i) Funds appropriated for the Educational |
10 | Assistance Program shall be distributed to each school |
11 | entity in an amount equal to the amount paid during the |
12 | 2008-2009 school year. If insufficient funds are |
13 | appropriated, the payments shall be made on a pro rata |
14 | basis. |
15 | (ii) For purposes of the Educational Assistance |
16 | Program established in section 1502-C of the Public |
17 | School Code of 1949 and this paragraph, "school entity" |
18 | shall mean any of the following located in this |
19 | Commonwealth: a school district, joint school district, |
20 | area vocational-technical school or independent school. |
21 | (7) Funds appropriated for Pennsylvania accountability |
22 | grants shall be distributed to each school district in an |
23 | amount equal to the amount paid during the 2008-2009 school |
24 | year. If insufficient funds are appropriated, the payments |
25 | shall be made on a pro rata basis. |
26 | (8) The following shall apply to professional and |
27 | temporary professional employees of a school formerly |
28 | operated by the Commonwealth: |
29 | (i) The Commonwealth shall create a pool for each |
30 | school comprised of the professional and temporary |
|
1 | professional employees who have received formal notice of |
2 | suspension from the Commonwealth as a result of the |
3 | Commonwealth's decision to cease Commonwealth operation |
4 | of the school. |
5 | (ii) For the three school years immediately |
6 | following the formal notice of suspension from the |
7 | Commonwealth, employees in a pool created under |
8 | subparagraph (i) shall be offered employment by each |
9 | eligible school entity as determined under subparagraph |
10 | (iv) associated with the applicable pool created under |
11 | subparagraph (i), when that eligible school entity has a |
12 | vacancy for a position that an employee in the applicable |
13 | pool is properly certified to fill, provided that no |
14 | employee of the eligible school entity in which the |
15 | vacancy exists, including a suspended or demoted |
16 | employee, has a right to the vacancy under the Public |
17 | School Code of 1949 or the collective bargaining |
18 | agreement of the respective eligible school entity. |
19 | (iii) For the three school years immediately |
20 | following the formal notice of suspension from the |
21 | Commonwealth, no new employee shall be hired by an |
22 | eligible school entity as determined under subparagraph |
23 | (iv) associated with the applicable pool created under |
24 | subparagraph (i), until the position has been offered, in |
25 | order of seniority, to all properly certified members of |
26 | the applicable pool created under subparagraph (i). |
27 | (iv) For the purpose of subparagraphs (ii) and |
28 | (iii), an "eligible school entity" shall be determined as |
29 | follows: |
30 | (A) a school district, vocational-technical |
|
1 | school or intermediate unit, the administration |
2 | building of which is 17 miles or less from the |
3 | administration building of a school formerly operated |
4 | by the Commonwealth or which is adjacent to the |
5 | school district in which a school formerly operated |
6 | by the Commonwealth was situate; or |
7 | (B) a school district with average daily |
8 | membership greater than or equal to 8,000, the |
9 | administration building of which is 45 miles or less |
10 | from the administration building of a school formerly |
11 | operated by the Commonwealth, and which relies on |
12 | State revenue for no less than 50% of the school |
13 | district's total budget in the most recent year for |
14 | which data has been published on the Department of |
15 | Education's public Internet website. |
16 | (9) (i) Employees hired from a pool under paragraph (8) |
17 | and former employees of a school formerly operated by the |
18 | Commonwealth who resigned from a school formerly operated |
19 | by the Commonwealth within the six months prior to the |
20 | effective date of an act of the General Assembly |
21 | declining to fund the school and who accepted employment |
22 | at a school district, intermediate unit or vocational- |
23 | technical school shall be credited by the hiring school |
24 | district, intermediate unit or vocational-technical |
25 | school for all sick leave accumulated in the school and |
26 | shall be credited for years of service in the school for |
27 | purposes of salary schedule placement. Employees shall |
28 | further be credited for their years of service in the |
29 | school for purposes of sabbatical leave eligibility, |
30 | suspension and realignment rights and eligibility for any |
|
1 | retirement incentives or severance payments in a hiring |
2 | school district, intermediate unit or vocational- |
3 | technical school. |
4 | (ii) Nothing in this paragraph shall be construed to |
5 | supersede or preempt any provision of an individual |
6 | employment agreement between a school district, |
7 | intermediate unit or vocational-technical school and an |
8 | employee entered into prior to the effective date of this |
9 | paragraph, or any provision of a collective bargaining |
10 | agreement in effect as of the effective date of this |
11 | paragraph and negotiated by a school entity and an |
12 | exclusive representative of the employees in accordance |
13 | with the act of July 23, 1970 (P.L.563, No.195), known as |
14 | the Public Employe Relations Act. |
15 | (10) The appropriation for the Scranton State School for |
16 | the Deaf - Transition funding shall be distributed as |
17 | follows: |
18 | (i) In addition to any other funding provided |
19 | pursuant to section 1376.1(b.2) of the Public School Code |
20 | of 1949, the Department of Education shall provide to |
21 | each chartered school in the 2009-2010 school year for |
22 | enrollment during the 2009-2010 school year for one or |
23 | more students who were enrolled as of May 1, 2009, in a |
24 | school for the deaf formerly operated by the |
25 | Commonwealth, an amount equal to the product of the |
26 | following: |
27 | (A) The number of students enrolled in the |
28 | chartered school as of October 1, 2009, who were |
29 | enrolled as of May 1, 2009, in a school for the deaf |
30 | formerly operated by the Commonwealth, divided by the |
|
1 | total number of such students enrolled in all |
2 | chartered schools as of October 1, 2009, who were |
3 | enrolled as of May 1, 2009, in a school for the deaf |
4 | formerly operated by the Commonwealth. |
5 | (B) Three million three hundred thousand |
6 | dollars. |
7 | (ii) In addition to any other funds provided to a |
8 | chartered school under subparagraph (i), the department |
9 | shall provide to each chartered school that establishes a |
10 | satellite campus with approval of the department for the |
11 | purpose of enrolling students previously enrolled in a |
12 | school for the deaf formerly operated by the |
13 | Commonwealth, the amount of $27,273 multiplied by the |
14 | number of students enrolled in the chartered school as of |
15 | October 1, 2009, who were enrolled as of May 1, 2009, in |
16 | a school for the deaf formerly operated by the |
17 | Commonwealth, provided that the total amount under this |
18 | subparagraph shall not exceed $2,100,000. |
19 | (11) The Department of Education, with assistance from |
20 | the Department of Public Welfare and the Juvenile Court |
21 | Judges Commission, shall submit a report to the General |
22 | Assembly by June 1, 2010, detailing the costs to school |
23 | districts and the Commonwealth to provide educational |
24 | services to children who are adjudicated delinquent and |
25 | committed to nonpublic residential facilities pursuant to 42 |
26 | Pa.C.S. § 6352 (relating to disposition of delinquent child) |
27 | for the 2008-2009 school year. The report shall identify the |
28 | following information relating to each facility: |
29 | (i) Facility location. |
30 | (ii) School district where each facility is located. |
|
1 | (iii) Provider of educational services at each |
2 | facility, including whether those services are under |
3 | contract or provided by an entity other than the |
4 | facility. |
5 | (iv) Department of Education's classification of the |
6 | education program at each facility. |
7 | (v) Number of students committed by the court |
8 | receiving educational services at each facility. |
9 | (vi) School district of residence for each student |
10 | committed by the court at each facility. |
11 | (vii) Tuition fee charged by the educational |
12 | services provider per student committed by the court at |
13 | each facility. |
14 | (viii) Entity responsible for each tuition payment |
15 | for each student committed by the court at each facility. |
16 | The term "facility" shall mean any nonpublic program |
17 | supervised or licensed pursuant to the act of June 13, 1967 |
18 | (P.L.31, No.21), known as the Public Welfare Code, that |
19 | provides out-of-home, residential services to a child who is |
20 | adjudicated delinquent. |
21 | (12) (i) Each school district shall take such steps as |
22 | necessary during fiscal year 2009-2010 in order to have |
23 | or maintain a certified safety committee by December 31, |
24 | 2010, for the purposes of section 1002(b) of the act of |
25 | June 2, 1915 (P.L.736, No.338), known as the Workers' |
26 | Compensation Act. The Department of Labor and Industry |
27 | shall provide the Department of Education with the list |
28 | of school districts who have a certified safety |
29 | committee. In the case of a school district that does not |
30 | submit evidence to the Department of Education that |
|
1 | complies with this paragraph, the Department of Education |
2 | shall deduct from any allocation from the Commonwealth to |
3 | which the school district is entitled the amount of the |
4 | discount the school district would otherwise receive |
5 | under section 1002(b) of the Workers' Compensation Act. |
6 | (ii) Subparagraph (i) shall not apply to a school |
7 | district that cannot receive a premium discount under |
8 | section 1002(b) of the Workers' Compensation Act, or an |
9 | equivalent reduction in contribution rates, by |
10 | establishing and maintaining a certified safety committee |
11 | because it is authorized to self-insure its liabilities |
12 | under section 305 of the Workers' Compensation Act or |
13 | pool its liabilities under section 802 of the Workers' |
14 | Compensation Act. |
15 | (13) Notwithstanding the provisions of 24 Pa.C.S. § |
16 | 8329(a) (relating to payments on account of social security |
17 | deductions from appropriations) when calculating payments by |
18 | the Commonwealth under 24 Pa.C.S. § 8329, the Department of |
19 | Education shall treat wages paid out of the ARRA State |
20 | Stabilization Fund or out of ARRA funds appropriated for |
21 | Individual with Disabilities Education (Part B - Preschool - |
22 | Age 3-5) as covered wages which are not federally funded. |
23 | (14) The following apply to libraries: |
24 | (i) Funds appropriated for libraries shall be |
25 | distributed to each library under the following formula: |
26 | (A) Divide the sum of the amount of funding that |
27 | the library received in fiscal year 2007-2008 under |
28 | section 2316 of the Public School Code of 1949 by the |
29 | total State-aid subsidy for fiscal year 2007-2008. |
30 | (B) Multiply the quotient under clause (A) by |
|
1 | the total State-aid subsidy for 2009-2010. |
2 | (ii) Following distribution of funds appropriated |
3 | for State aid to libraries, any remaining funds may be |
4 | distributed at the discretion of the State Librarian. |
5 | (iii) If funds appropriated for State aid to |
6 | libraries in fiscal year 2009-2010 are less than funds |
7 | appropriated in fiscal year 2002-2003, the State |
8 | Librarian may waive standards as prescribed in section |
9 | 103 of the act of June 14, 1961 (P.L.324, No.188), known |
10 | as The Library Code, relating to hours of operation, |
11 | continuing professional development, collections, |
12 | expenditures and other aspects of library operation. |
13 | (iv) (A) Each library system receiving State aid |
14 | under this subsection may distribute the local |
15 | library share of that aid in a manner as determined |
16 | by the board of directors of the library system. |
17 | (B) This subparagraph shall not apply to a |
18 | library system operating in a county of the second |
19 | class. |
20 | (15) (i) The Department of Education may utilize up to |
21 | $4,500,000 of undistributed funds not expended, |
22 | encumbered or committed from appropriations for grants |
23 | and subsidies made to the department to assist school |
24 | districts certified as an education empowerment district |
25 | under section 1705-B(h)(3) of the Public School Code of |
26 | 1949. |
27 | (ii) There is hereby established a restricted |
28 | account in the State Treasury from which payments under |
29 | this paragraph shall be paid. Funds shall be transferred |
30 | by the Secretary of the Budget to the restricted account |
|
1 | to the extent necessary to make payments under this |
2 | paragraph. Funds in the restricted account are hereby |
3 | appropriated to carry out the purposes of this paragraph. |
4 | The subsidy payment from this restricted account shall be |
5 | utilized to supplement the operational budget of the |
6 | eligible school districts. |
7 | (16) Notwithstanding section 2510.1 of the Public School |
8 | Code of 1949, payments made to school districts for the |
9 | instruction of homebound children shall only be made to the |
10 | extent funds are appropriated for this purpose. |
11 | (17) The appropriation for basic education funding shall |
12 | be distributed as follows: |
13 | (i) The Commonwealth shall pay to each school |
14 | district a basic education funding allocation for the |
15 | 2008-2009 school year which shall consist of the sum of |
16 | the following: |
17 | (A) An amount equal to the allocations received |
18 | by the school district for the 2007-2008 school year |
19 | under section 2502.48(d)(1) and (2) and (e) of the |
20 | Public School Code of 1949. |
21 | (B) If a school district has been declared a |
22 | Commonwealth partnership school district under |
23 | Article XVII-B of the Public School Code of 1949, an |
24 | amount equal to $2,000,000. |
25 | (C) (I) For a school district subject to |
26 | section 2502.48(d)(3)(i) of the Public School |
27 | Code of 1949, 27.82% of the amount determined |
28 | under section 2502.48(c)(1) of the Public School |
29 | Code of 1949. |
30 | (II) For a school district subject to |
|
1 | section 2502.48(d)(3)(ii) of the Public School |
2 | Code of 1949, 21.4% of the amount determined |
3 | under section 2502.48(c)(1) of the Public School |
4 | Code of 1949. |
5 | (III) Any additional amount required so that |
6 | the total amount provided under clause (A) and |
7 | this clause equals 2% greater than the amount |
8 | provided under section 2502.48(d) and (e) of the |
9 | Public School Code of 1949. |
10 | (ii) For the purpose of the calculation under |
11 | section 2502.48(c)(1) of the Public School Code of 1949, |
12 | for payments made under this subsection: |
13 | (A) The amount per student under section |
14 | 2502.48(a) of the Public School Code of 1949 shall be |
15 | increased by the index for the school year in which |
16 | funding will be paid. The term "index" shall have the |
17 | meaning given to it under section 2501 of the Public |
18 | School Code of 1949. |
19 | (B) The number used for the purpose of each |
20 | school district's calculation under section |
21 | 2502.48(b)(5)(ii)(B) of the Public School Code of |
22 | 1949 shall not be less than one. |
23 | (iii) Any increase in basic education funding under |
24 | this subsection shall qualify as an increase in basic |
25 | education funding for the purpose of section 2502.49 of |
26 | the Public School Code of 1949. The Department of |
27 | Education may grant a waiver for the use of up to 25% of |
28 | the funds subject to section 2502.49(a)(1) of the Public |
29 | School Code of 1949 if all of the following apply: |
30 | (A) The school district would otherwise be |
|
1 | required to reduce or eliminate one or more of the |
2 | programs listed under section 2502.49(a)(1) of the |
3 | Public School Code of 1949 due to a projected budget |
4 | shortfall. |
5 | (B) The funds subject to the waiver will be used |
6 | to maintain one or more existing programs listed |
7 | under section 2502.49(a)(1) of the Public School Code |
8 | of 1949. |
9 | (C) The school district has, in the |
10 | determination of the Department of Education, pursued |
11 | alternative opportunities for greater efficiency and |
12 | internal savings in order to fund the program or |
13 | programs without need for a waiver. |
14 | (D) The program to be maintained addresses a |
15 | significant need of the school district's students |
16 | and has demonstrated effectiveness at increasing |
17 | student achievement in the school district, in the |
18 | determination of the Department of Education. |
19 | (iv) The decision to grant a waiver shall be at the |
20 | sole discretion of the Department of Education and shall |
21 | not be subject to appeal. |
22 | (18) Community colleges shall comply with the |
23 | provisions of section 1737-J. |
24 | (b) Definitions.--The words and phrases used in this section |
25 | shall have the meanings given to them in the Public School Code |
26 | of 1949. |
27 | Section 1723-J. Department of Environmental Protection. |
28 | The following shall apply to appropriations for the |
29 | Department of Environmental Protection in the General |
30 | Appropriation Act: |
|
1 | (1) Appropriations include funds for the Water Resources |
2 | Technical Assistance Center in an amount to be determined by |
3 | the department in cooperation with the Water Conservation |
4 | Subcommittee of the Statewide Water Resources Committee. |
5 | (2) Notwithstanding the provisions of section 502 of the |
6 | act of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known as |
7 | the Alternative Energy Investment Act, in fiscal year |
8 | 2009-2010, no funds shall be appropriated from the General |
9 | Fund to the department for the Consumer Energy Program. The |
10 | appropriation for fiscal year 2009-2010 is revoked. |
11 | Section 1724-J. Department of General Services (Reserved). |
12 | Section 1725-J. Department of Health. |
13 | The following shall apply to appropriations for the |
14 | Department of Health in the General Appropriation Act: |
15 | (1) Funds appropriated for lupus programs shall be |
16 | distributed in the same proportion as distributed in fiscal |
17 | year 2007-2008. |
18 | (2) Funds appropriated for arthritis outreach and |
19 | education shall be equitably distributed among the central, |
20 | western and eastern regions of this Commonwealth based on the |
21 | ratio of population served in each region to the total |
22 | population served in this Commonwealth. |
23 | (3) Funds appropriated for biotechnology research |
24 | include $1,100,000 for a regenerative medicine center located |
25 | in a county of the second class and $1,500,000 for an |
26 | institution for hepatitis and virus research located in |
27 | county of the second class-A, which conducts research related |
28 | to developing new therapies for viral hepatitis and liver |
29 | cancer. |
30 | Section 1726-J. Insurance Department (Reserved). |
|
1 | Section 1727-J. Department of Labor and Industry. |
2 | The following shall apply to appropriations for the |
3 | Department of Labor and Industry in the General Appropriation |
4 | Act: |
5 | (1) The appropriation for payment to the Vocational |
6 | Rehabilitation Fund for work of the State Board of Vocational |
7 | Rehabilitation includes $2,153,000 for a Statewide |
8 | professional service provider association for the blind to |
9 | provide specialized services and prevention of blindness |
10 | services and $431,000 to provide specialized services and |
11 | prevention of blindness services in cities of the first |
12 | class. |
13 | (2) For the "Reed Act-Unemployment Insurance" and "Reed |
14 | Act-Employment Services and Unemployment Insurance" |
15 | appropriations, the total amount which may be obligated shall |
16 | not exceed the limitations under section 903 of the Social |
17 | Security Act (49 Stat. 620, 42 U.S.C. § 1103). |
18 | Section 1728-J. Department of Military and Veterans Affairs |
19 | (Reserved). |
20 | Section 1729-J. Department of Public Welfare. |
21 | The following shall apply to appropriations for the |
22 | Department of Public Welfare from the General Appropriation Act: |
23 | (1) Authorized transfers for child-care services. The |
24 | following shall apply: |
25 | (i) The department, upon approval of the secretary, |
26 | may transfer Federal funds appropriated for TANFBG Child |
27 | Care Assistance to the CCDFBG Child Care Services |
28 | appropriation to provide child-care services to |
29 | additional low-income families if the transfer of funds |
30 | will not result in a deficit in the appropriation. The |
|
1 | secretary shall provide notice ten days prior to a |
2 | transfer under this subparagraph to the chairman and |
3 | minority chairman of the Appropriations Committee of the |
4 | Senate and the chairman and minority chairman of the |
5 | Appropriations Committee of the House of Representatives. |
6 | (ii) The department, upon approval of the secretary, |
7 | may transfer Federal funds appropriated for CCDFBG Child |
8 | Care Assistance to the CCDFBG Child Care Services |
9 | appropriation to provide child-care services to |
10 | additional low-income families provided that the transfer |
11 | of funds will not result in a deficit in the |
12 | appropriation. The secretary shall provide notice ten |
13 | days prior to a transfer under this subparagraph to the |
14 | chairman and minority chairman of the Appropriations |
15 | Committee of the Senate and the chairman and minority |
16 | chairman of the Appropriations Committee of the House of |
17 | Representatives. |
18 | (2) Federal and State medical assistance payments. The |
19 | following shall apply: |
20 | (i) When making payments for medical assistance |
21 | outpatient or capitation services, the department shall |
22 | not require a recipient to obtain a physician referral in |
23 | order to receive chiropractic services. |
24 | (ii) No funds appropriated for approved capitation |
25 | plans shall be used to pay a provider who fails to supply |
26 | information in a form required by the department in order |
27 | to facilitate claims for Federal financial participation |
28 | for services rendered to general assistance clients. |
29 | (iii) For fiscal year 2009-2010, additional Federal |
30 | and State inpatient funding is included to provide for |
|
1 | Community Access Fund payments. Payments to hospitals for |
2 | Community Access Fund grants shall be distributed under |
3 | the formulas utilized for these grants in fiscal year |
4 | 2008-2009. If the total funding available for Community |
5 | Access Fund payments in fiscal year 2009-2010 is less |
6 | than that available in fiscal year 2008-2009, payments |
7 | shall be made on a pro rata basis. |
8 | (iv) Qualifying State-related academic medical |
9 | centers shall not receive any less funding than received |
10 | for the fiscal year 2004-2005 State appropriation level |
11 | if Federal funding for academic medical centers is not |
12 | made available to those academic medical centers during |
13 | fiscal year 2009-2010. |
14 | (v) If supplemental Federal funding for physician |
15 | practice plans is not made available during fiscal year |
16 | 2009-2010, qualifying universities and affiliated |
17 | physician practice plans shall not receive any less |
18 | funding than the amount received for the fiscal year |
19 | 2007-2008 State appropriation level. |
20 | (vi) Funds appropriated for medical assistance |
21 | transportation shall only be utilized as a payment of |
22 | last resort for transportation for eligible medical |
23 | assistance recipients. |
24 | (vii) The department shall consider pharmaceutical |
25 | services a covered benefit for recipients who are |
26 | eligible for such services and whose care is managed |
27 | through contracts between the department and managed care |
28 | contractors. Pharmaceutical benefits shall remain a |
29 | covered benefit in the contracts between the department |
30 | and managed care contractors for fiscal years 2008-2009 |
|
1 | and 2009-2010. If the department elects to bid a contract |
2 | for fiscal year 2010-2011 that does not include |
3 | pharmaceutical services as a covered benefit for |
4 | recipients whose care is managed through contracts |
5 | between the department and managed care contractors, the |
6 | Secretary of Public Welfare shall do all of the |
7 | following: |
8 | (A) By March 30, notify in writing the chair and |
9 | minority chair of the Appropriations Committee of the |
10 | Senate, the chair and minority chair of the |
11 | Appropriations Committee of the House of |
12 | Representatives, the chair and minority chair of the |
13 | Public Health and Welfare Committee of the Senate and |
14 | the chair and minority chair of the Health and Human |
15 | Services Committee of the House of Representatives. |
16 | (B) Additionally bid a contract for fiscal year |
17 | 2010-2011 that does include pharmaceutical services |
18 | as a covered benefit for recipients who are eligible |
19 | for such services and whose care is managed through |
20 | contracts between the department and managed care |
21 | contractors. |
22 | (C) Conduct any procurement for existing or new |
23 | zones in a public manner, including publication of |
24 | any request for proposal on the Department of Public |
25 | Welfare's publicly accessible Internet website. |
26 | (viii) Amounts allocated from funds appropriated for |
27 | medical assistance outpatient services for the Select |
28 | Plan for Women Preventative Health Services shall be used |
29 | for women's medical services, including noninvasive |
30 | contraception supplies. |
|
1 | (ix) Federal or State funds appropriated under the |
2 | General Appropriation Act in accordance with the act of |
3 | March 24, 2004 (P.L.148, No.15), known as the |
4 | Pennsylvania Trauma Systems Stabilization Act, not used |
5 | to make payments to hospitals qualifying as Level III |
6 | trauma centers shall be used to make payments to |
7 | hospitals qualifying as Level I and II trauma centers. |
8 | (3) Breast cancer screening. The following shall apply: |
9 | (i) Funds appropriated for breast cancer screening |
10 | may be used for women's medical services, including |
11 | noninvasive contraception supplies. |
12 | (ii) (Reserved). |
13 | (4) Women's service programs. The following shall apply: |
14 | (i) Funds appropriated for women's service programs |
15 | grants to nonprofit agencies whose primary function is to |
16 | provide alternatives to abortion shall be expended to |
17 | provide services to women until childbirth and for up to |
18 | 12 months thereafter, including food, shelter, clothing, |
19 | health care, counseling, adoption services, parenting |
20 | classes, assistance for postdelivery stress and other |
21 | supportive programs and services and for related outreach |
22 | programs. Agencies may subcontract with other nonprofit |
23 | entities which operate projects designed specifically to |
24 | provide all or a portion of these services. Projects |
25 | receiving funds referred to in this subparagraph shall |
26 | not promote, refer or perform abortions or engage in any |
27 | counseling which is inconsistent with the appropriation |
28 | referred to in this subparagraph and shall be physically |
29 | and financially separate from any component of any legal |
30 | entity engaging in such activities. |
|
1 | (ii) Funds appropriated for women's service programs |
2 | shall be used for women's medical services, including |
3 | noninvasive contraception supplies. |
4 | (iii) Federal funds appropriated for TANFBG |
5 | Alternatives to Abortion shall be utilized solely for |
6 | services to women whose gross family income is below 185% |
7 | of the Federal poverty guidelines. |
8 | (5) County children and youth programs. The following |
9 | shall apply: |
10 | (i) No more than 50% of funds allocated from the |
11 | State appropriation for county children and youth |
12 | programs to each county shall be expended until each |
13 | county submits to the department data for the prior State |
14 | fiscal year, and updated quarterly, on the unduplicated |
15 | caseloads, unduplicated services and number of |
16 | caseworkers by county program. Data shall be submitted in |
17 | a form acceptable to the department. A copy of the data |
18 | shall be sent to the chairman and minority chairman of |
19 | the Appropriations Committee of the Senate and to the |
20 | chairman and the minority chairman of the Appropriations |
21 | Committee of the House of Representatives. |
22 | (ii) Reimbursement for children and youth services |
23 | made pursuant to section 704.1 of the act of June 13, |
24 | 1967 (P.L.31, No.21), known as the Public Welfare Code, |
25 | shall not exceed the amount of State funds appropriated. |
26 | It is the intent of the General Assembly that counties do |
27 | not experience any adverse fiscal impact due to the |
28 | department's maximization efforts. |
29 | (6) Community-based family centers. No funds |
30 | appropriated for community-based family centers may be |
|
1 | considered as part of the base for calculation of the county |
2 | child welfare needs-based budget for a fiscal year. |
3 | Section 1730-J. Department of Revenue (Reserved). |
4 | Section 1731-J. Department of State (Reserved). |
5 | Section 1732-J. Department of Transportation (Reserved). |
6 | Section 1733-J. Pennsylvania State Police. |
7 | The following shall apply to appropriations for the |
8 | Pennsylvania State Police from the General Appropriation Act: |
9 | (1) Payments made to municipalities under 53 Pa.C.S. § |
10 | 2170 (relating to reimbursement of expenses) shall be limited |
11 | to funds available. If funds are not available to make full |
12 | payments, the Municipal Police Officers' Education and |
13 | Training Commission shall make payments on a pro rata basis. |
14 | (2) (Reserved). |
15 | Section 1734-J. State Civil Service Commission (Reserved). |
16 | Section 1735-J. Pennsylvania Emergency Management Agency |
17 | (Reserved). |
18 | Section 1736-J. Pennsylvania Fish and Boat Commission |
19 | (Reserved). |
20 | Section 1737-J. State System of Higher Education. |
21 | The following shall apply to appropriations for the State |
22 | System of Higher Education from the General Appropriation Act: |
23 | (1) Each public institution of higher education as |
24 | defined in Article XX-C of the Public School Code of 1949 |
25 | shall do all of the following: |
26 | (i) Agree to accept with full junior standing the |
27 | Associate of Arts or Associate of Science degree into a |
28 | parallel baccalaureate program as outlined in |
29 | subparagraph (iii) by the timelines established by the |
30 | Transfer and Articulation Oversight Committee but no |
|
1 | later than December 31, 2011. For purposes of this |
2 | paragraph, an Associate of Arts or Associate of Science |
3 | degree is a degree designed primarily for transfer to a |
4 | baccalaureate institution and must contain a minimum of |
5 | 60 credits. |
6 | (ii) Submit to the Department of Education interim |
7 | reports outlining the actions that the public institution |
8 | of higher education has undertaken or intends to |
9 | undertake to comply with subparagraph (i), which shall be |
10 | filed by December 31, 2009, June 30, 2010, and December |
11 | 31, 2010. |
12 | (iii) As a member of the Transfer and Articulation |
13 | Oversight Committee established in section 2004-C of the |
14 | Public School Code of 1949: |
15 | (A) By December 1, 2009, consult with the |
16 | Department of Education on a process and timeline, |
17 | subject to approval by the department, to identify |
18 | the Associate of Arts or Associate of Science degree |
19 | aligned with the graduation requirements of the |
20 | parallel baccalaureate degree in all public |
21 | institutions of higher education in consultation with |
22 | faculty and personnel. |
23 | (B) Identify Associate of Arts or Associate of |
24 | Science degree programs for transfer with full junior |
25 | standing into a parallel baccalaureate degree in |
26 | consultation with faculty and personnel in those |
27 | degree programs by December 31, 2011. |
28 | (C) Identify modifications that may be required |
29 | in existing associate or baccalaureate degrees to |
30 | satisfy external accreditation or licensure |
|
1 | requirements in consultation with faculty and |
2 | personnel. Approved modifications shall recognize all |
3 | competencies attained within either the associate or |
4 | baccalaureate programs. |
5 | (D) Define requirements, in consultation with |
6 | faculty and personnel, for education degrees, |
7 | including Early Childhood Education degrees, leading |
8 | to certification to be included in an associate |
9 | degree and to be accepted for transfer with full |
10 | junior standing into a parallel baccalaureate degree |
11 | program. |
12 | (2) (Reserved). |
13 | Section 1737.1-J. State-related institutions. |
14 | The following shall apply to State-related institutions: |
15 | (1) (i) No later than June 15, 2010, each State-related |
16 | institution shall identify 30 credit hours of course |
17 | content from equivalent courses identified under Article |
18 | XX-C of the Public School Code of 1949 that it will |
19 | accept from a student accepted for transfer from an |
20 | institution of higher eduction participating in Article |
21 | XX-C of the Public School Code of 1949. A State-related |
22 | institution shall count a course in the same manner that |
23 | it would count the same or equivalent course if taken by |
24 | a student at the State-related institution. |
25 | (ii) Each State-related institution shall make the |
26 | information identified in subparagraph (i) available to |
27 | the Department of Education for posting on the |
28 | department's publicly accessible Internet website. |
29 | (iii) Nothing in this paragraph shall be construed |
30 | to: |
|
1 | (A) Require a State-related institution to apply |
2 | a course to graduation or degree requirements if that |
3 | course or its equivalent course would not be applied |
4 | to graduation or degree requirements if taken at the |
5 | State-related institution. |
6 | (B) Infringe on a State-related institution's |
7 | sole authority to accept a student for transfer, to |
8 | determine acceptance into a major, to determine the |
9 | campus assignment of such student or to determine how |
10 | many and which credit hours shall apply for the |
11 | transfer student toward the completion of a degree. |
12 | The manner in which accepted courses apply toward |
13 | completion of a degree and whether they are counted |
14 | for general education, major or free elective credit |
15 | shall be subject to the requirements established by |
16 | the accepting State-related institution for each |
17 | individual major or program of study. |
18 | (C) Prohibit a State-related institution's |
19 | ability to enter into discussions with the Department |
20 | of Education to increase the number of credits |
21 | pursuant to subparagraph (i). |
22 | (iv) For the purpose of this paragraph, "State- |
23 | related institution" shall have the meaning given to it |
24 | in Article XX-C of the Public School Code of 1949. |
25 | (2) (Reserved). |
26 | Section 1738-J. Pennsylvania Higher Education Assistance |
27 | Agency. |
28 | The following shall apply to appropriations for the |
29 | Pennsylvania Higher Education Assistance Agency from the General |
30 | Appropriation Act: |
|
1 | (1) Maximization of funds. The Pennsylvania Higher |
2 | Education Assistance Agency shall use funds appropriated for |
3 | matching payments for student aid funds to maximize the |
4 | receipt of Federal funds to the fullest extent possible. |
5 | (2) Limitation. No college, university or institution |
6 | receiving a direct appropriation from the Commonwealth shall |
7 | be eligible to participate in the institutional assistance |
8 | grants program. |
9 | (3) Agricultural loan forgiveness. In distributing funds |
10 | appropriated for agricultural loan forgiveness, the agency |
11 | shall give preference to renewal applicants. |
12 | Section 1739-J. Pennsylvania Historical and Museum Commission |
13 | (Reserved). |
14 | Section 1740-J. Pennsylvania Infrastructure Investment |
15 | Authority (Reserved). |
16 | Section 1741-J. Environmental Hearing Board (Reserved). |
17 | Section 1742-J. Pennsylvania Board of Probation and Parole |
18 | (Reserved). |
19 | Section 1743-J. Pennsylvania Public Television Network |
20 | Commission (Reserved). |
21 | Section 1744-J. Pennsylvania Securities Commission (Reserved). |
22 | Section 1745-J. State Tax Equalization Board (Reserved). |
23 | Section 1746-J. Health Care Cost Containment Council. |
24 | (1) The Health Care Cost Containment Council shall |
25 | submit a report to the chairman and minority chairman of the |
26 | Appropriations Committee of the Senate and the chairman and |
27 | minority chairman of the Appropriations Committee of the |
28 | House of Representatives specifying the amount and source of |
29 | proceeds received from the sale of data by the council. The |
30 | report shall supplement the annual report of financial |
|
1 | expenditures required under section 17.1 of the act of July |
2 | 8, 1986 (P.L.408, No.89), known as the Health Care Cost |
3 | Containment Act. Twenty-five percent of the proceeds received |
4 | from the sale of data may be used for the operations of the |
5 | council. The remainder of the proceeds shall be deposited in |
6 | the General Fund and shall not be expended unless |
7 | appropriated by the General Assembly. |
8 | (2) The sum of $2,300,000 is transferred from the Health |
9 | Care Cost Containment Council to the General Fund, to include |
10 | money appropriated to or received by the council prior to |
11 | 2008-2009 that is unspent or uncommitted. |
12 | Section 1747-J. State Ethics Commission (Reserved). |
13 | Section 1748-J. State Employees' Retirement System (Reserved). |
14 | Section 1749-J. Thaddeus Stevens College of Technology |
15 | (Reserved). |
16 | Section 1750-J. Pennsylvania Housing Finance Agency (Reserved). |
17 | Section 1751-J. LIHEABG (Reserved). |
18 | Section 1752-J. Budget Stabilization Reserve Fund (Reserved). |
19 | SUBARTICLE C |
20 | LEGISLATIVE DEPARTMENT |
21 | (Reserved) |
22 | SUBARTICLE D |
23 | JUDICIAL DEPARTMENT |
24 | Section 1781-J. Supreme Court (Reserved). |
25 | Section 1782-J. Superior Court (Reserved). |
26 | Section 1783-J. Commonwealth Court (Reserved). |
27 | Section 1784-J. Courts of common pleas (Reserved). |
28 | Section 1785-J. Community courts; magisterial district judges |
29 | (Reserved). |
30 | Section 1786-J. Philadelphia Traffic Court (Reserved). |
|
1 | Section 1787-J. Philadelphia Municipal Court (Reserved). |
2 | Section 1788-J. Judicial Conduct Board (Reserved). |
3 | Section 1789-J. Court of Judicial Discipline (Reserved). |
4 | Section 1790-J. Juror cost reimbursement (Reserved). |
5 | Section 1791-J. County court reimbursement (Reserved). |
6 | Section 1792-J. Senior judges (Reserved). |
7 | Section 1793-J. Transfer of funds by Supreme Court (Reserved). |
8 | ARTICLE XVII-K |
9 | 2009-2010 RESTRICTIONS ON APPROPRIATIONS |
10 | FOR FUNDS AND ACCOUNTS |
11 | Section 1701-K. Applicability. |
12 | Except as specifically provided in this article, this article |
13 | applies to the act of August 5, 2009 (P.L. , No.1A), known as |
14 | the General Appropriation Act of 2009, the act of , 2009 |
15 | (P.L. , No. ), known as the Supplemental Appropriation Act |
16 | of 2009, and as appropriate, all other appropriation acts of |
17 | 2009. |
18 | Section 1702-K. State Lottery Fund. |
19 | (1) Funds appropriated for PENNCARE shall not be |
20 | utilized for administrative costs by the Department of Aging. |
21 | (2) (Reserved). |
22 | Section 1703-K. Energy Conservation and Assistance Fund |
23 | (Reserved). |
24 | Section 1704-K. Judicial Computer System Augmentation Account. |
25 | The Supreme Court and the Court Administrator of Pennsylvania |
26 | are prohibited from augmenting the amount appropriated to the |
27 | Judicial Computer System Augmentation Account by billings to |
28 | other appropriations to the judicial branch for the Statewide |
29 | Judicial Computer System or for any other purpose. |
30 | Section 1705-K. Emergency Medical Services Operating Fund |
|
1 | (Reserved). |
2 | Section 1706-K. State Stores Fund (Reserved). |
3 | Section 1707-K. Motor License Fund (Reserved). |
4 | Section 1708-K. Hazardous Material Response Fund (Reserved). |
5 | Section 1709-K. Milk Marketing Fund (Reserved). |
6 | Section 1710-K. Home Investment Trust Fund (Reserved). |
7 | Section 1711-K. Tuition Payment Fund (Reserved). |
8 | Section 1712-K. Banking Department Fund (Reserved). |
9 | Section 1713-K. Firearm Records Check Fund (Reserved). |
10 | Section 1714-K. Ben Franklin Technology Development Authority |
11 | Fund (Reserved). |
12 | Section 1715-K. Tobacco Settlement Fund. |
13 | (a) Deposits.-- |
14 | (1) Notwithstanding sections 303(b)(2), (3) and (4) and |
15 | 306 of the act of June 26, 2001 (P.L.755, No.77), known as |
16 | the Tobacco Settlement Act, the following shall apply: |
17 | (i) For fiscal year 2009-2010, the strategic |
18 | contribution payments received in fiscal year 2008-2009 |
19 | pursuant to the Master Settlement Agreement shall be |
20 | deposited in the Tobacco Settlement Fund. |
21 | (ii) For fiscal year 2009-2010, $15,000,000 of the |
22 | funds derived under section 303(b)(3) of the Tobacco |
23 | Settlement Act shall be deposited into the Tobacco |
24 | Settlement Fund. |
25 | (iii) For fiscal year 2009-2010, $10,000,000 of the |
26 | funds derived under section 303(b)(4) of the Tobacco |
27 | Settlement Act shall be deposited into the Tobacco |
28 | Settlement Fund. |
29 | (iv) For fiscal year 2009-2010, 25% of the money |
30 | appropriated under section 306(b)(1)(iii) of the Tobacco |
|
1 | Settlement Act may not be expended, transferred or lapsed |
2 | but shall remain in the Tobacco Settlement Fund. |
3 | (v) For fiscal year 2009-2010, 33.3% of the money |
4 | appropriated under section 306(b)(1)(vi) of the Tobacco |
5 | Settlement Act may not be expended, transferred or lapsed |
6 | but shall remain in the Tobacco Settlement Fund. |
7 | (2) Money deposited into the fund under paragraph (1) |
8 | shall be appropriated for health-related purposes. If |
9 | applicable, the amount appropriated in accordance with this |
10 | paragraph shall be matched by appropriated Federal augmenting |
11 | funds. |
12 | (b) Transfers.-- |
13 | (1) Notwithstanding sections 306 and 307 of the Tobacco |
14 | Settlement Act, the following shall apply. |
15 | (i) For fiscal year 2009-2010, 37.5% of the money |
16 | appropriated under section 306(b)(1)(iii) of the Tobacco |
17 | Settlement Act is transferred from the Tobacco Settlement |
18 | Fund to the General Fund. |
19 | (ii) For fiscal year 2010-2011, 37.5% of the money |
20 | appropriated under section 306(b)(1)(iii) of the Tobacco |
21 | Settlement Act is transferred from the Tobacco Settlement |
22 | Fund to the General Fund. |
23 | (iii) For fiscal year 2009-2010, 100% of the money |
24 | received in fiscal year 2008-2009 appropriated under |
25 | section 306(b)(1)(i) of the Tobacco Settlement Act shall |
26 | be transferred from the Tobacco Endowment Account for |
27 | Long-Term Hope to the Tobacco Settlement Fund. |
28 | (iv) For fiscal year 2009-2010, $150,000,000 is |
29 | transferred from the Tobacco Endowment Account for Long- |
30 | Term Hope to the General Fund. |
|
1 | (v) For fiscal year 2010-2011, $250,000,000 is |
2 | transferred from the Tobacco Endowment Account for Long- |
3 | Term Hope to the General Fund. |
4 | (2) Money transferred under paragraph (1)(iii) shall be |
5 | appropriated for health-related purposes. If applicable, the |
6 | amount appropriated in accordance with this paragraph shall |
7 | be matched by appropriated Federal augmenting funds. |
8 | (c) Allocation.--Funding for local programs under section |
9 | 708(b) of the Tobacco Settlement Act shall be allocated as |
10 | follows: |
11 | (1) Thirty percent of grant funding to primary |
12 | contractors for local programs shall be allocated equally |
13 | among each of the 67 counties. |
14 | (2) The remaining 70% of grant funding to primary |
15 | contractors for local programs shall be allocated on a per |
16 | capita basis of each county with a population greater than |
17 | 60,000. The per capita formula shall be applied only to that |
18 | portion of the population that is greater than 60,000 for |
19 | each county. |
20 | (3) Budgets shall be developed by each primary |
21 | contractor to reflect service planning and expenditures in |
22 | each county. Each primary contractor will ensure that |
23 | services are available to residents of each county and must |
24 | expend the allocated funds on a per-county basis pursuant to |
25 | paragraphs (1) and (2). |
26 | (4) The Department of Health shall compile a detailed |
27 | annual report of expenditures per county and the specific |
28 | programs offered in each region. This report shall be made |
29 | available on the Department of Health's publicly available |
30 | Internet website 60 days following the close of each fiscal |
|
1 | year. |
2 | (5) During the third quarter of the fiscal year, funds |
3 | which have not been spent within a service area may be |
4 | reallocated to support programming in the same region. |
5 | (d) Use of money for lobbying prohibited.--No money derived |
6 | from an appropriation by the General Assembly from the Tobacco |
7 | Settlement Fund may be used for the lobbying of any State public |
8 | official. |
9 | Section 1716-K. Community Health Reinvestment Restricted |
10 | Account. |
11 | (a) Establishment.--There is established in the State |
12 | Treasury a restricted receipts account in the Tobacco Settlement |
13 | Fund to be known as the Community Health Reinvestment Restricted |
14 | Account. Interest earned on money in the account shall remain in |
15 | the account. |
16 | (b) Agreement on community health reinvestment.--Each |
17 | calendar year, a corporation under 40 Pa.C.S. Ch. 61 (relating |
18 | to hospital plan corporations) or 63 (relating to professional |
19 | health services plan corporations) that is a party to the |
20 | Agreement on Community Health Reinvestment entered into February |
21 | 2, 2005, by the Insurance Department and the Capital Blue Cross, |
22 | Highmark, Inc., Hospital Service Association of Northeastern |
23 | Pennsylvania and Independence Blue Cross, and published in the |
24 | Pennsylvania Bulletin at 35 Pa.B. 4155 (July 23, 2005), shall |
25 | pay to the account the amount calculated for such calendar year |
26 | in section 5 of the agreement, published at 35 Pa.B. 4156. |
27 | (c) Appropriation.--The money in the account, including all |
28 | interest earned, is appropriated to the Insurance Department to |
29 | be used in accordance with the agreement on community health |
30 | reinvestment described in subsection (b). |
|
1 | Section 1717-K. Health Care Provider Retention Account. |
2 | The sum of $708,000,000 is transferred from the Health Care |
3 | Provider Retention Account established under section 1112(a) of |
4 | the act of March 20, 2002 (P.L.154, No.13), known as the Medical |
5 | Care Availability and Reduction of Error (Mcare) Act, to the |
6 | General Fund. |
7 | Section 1717.1-K. Medical Care Availability and Reduction of |
8 | Error Fund. |
9 | The sum of $100,000,000 is transferred from the Medical Care |
10 | Availability and Reduction of Error Fund established under |
11 | section 712 of the act of March 20, 2002 (P.L.154, No.13), known |
12 | as the Medical Care Availability and Reduction of Error (Mcare) |
13 | Act, to the General Fund. |
14 | Section 1717.2-K. Catastrophic Loss Benefits Continuation Fund. |
15 | Notwithstanding any other law to the contrary, for fiscal |
16 | years 2009-2010 and 2010-2011, all surcharges deposited in the |
17 | Catastrophic Loss Benefits Continuation Fund under 75 Pa.C.S. § |
18 | 6506 (relating to surcharge) shall be transferred to the General |
19 | Fund. |
20 | Section 1718-K. Budget Stabilization Reserve Fund. |
21 | (a) General provisions.--Notwithstanding section 1703-A(b), |
22 | the sum of $755,000,000 is transferred from the Budget |
23 | Stabilization Reserve Fund to the General Fund. |
24 | (b) Surplus.--No amount of the surplus in the General Fund |
25 | in fiscal year 2009-2010 shall be deposited into the Budget |
26 | Stabilization Reserve Fund. |
27 | Section 1718.1-K. Gaming Economic Development and Tourism Fund. |
28 | Notwithstanding the provisions of 4 Pa.C.S. Part II (relating |
29 | to gaming) and the act of July 9, 2008 (P.L.908, No.63), known |
30 | as the H2O PA Act, $5,080,000 is hereby appropriated from the |
|
1 | Gaming Economic Development and Tourism Fund to the Department |
2 | of General Services to meet additional payment obligations for |
3 | the project itemized in section 3(2)(i)(D) of the act of July |
4 | 25, 2007 (P.L.342, No.53), known as the Pennsylvania Gaming |
5 | Economic Development and Tourism Fund Capital Budget Itemization |
6 | Act of 2007. |
7 | Section 1719-K. Restricted Receipt Accounts. |
8 | (a) General provisions.--The secretary may create restricted |
9 | receipt accounts for the purpose of administering Federal grants |
10 | only for the purposes designated in this section. |
11 | (b) Department of Community and Economic Development.--The |
12 | following restricted receipt accounts may be established for the |
13 | Department of Community and Economic Development: |
14 | (1) ARC Housing Revolving Loan Program. |
15 | (2) (Reserved). |
16 | (c) Department of Conservation and Natural Resources.--The |
17 | following restricted receipt accounts may be established for the |
18 | Department of Conservation and Natural Resources: |
19 | (1) Federal Aid to Volunteer Fire Companies. |
20 | (2) Federal Land and Water Conservation Fund Act. |
21 | (3) National Forest Reserve Allotment. |
22 | (4) Federal Land and Water Conservation Fund Act - |
23 | Conservation and Natural Resources. |
24 | (d) Department of Education.--The following restricted |
25 | receipt accounts may be established for the Department of |
26 | Education: |
27 | (1) Education of the Disabled - Part C. |
28 | (2) LSTA - Library Grants. |
29 | (3) The Pennsylvania State University Federal Aid. |
30 | (4) Emergency Immigration Education Assistance. |
|
1 | (5) Education of the Disabled - Part D. |
2 | (6) Homeless Adult Assistance Program. |
3 | (7) Severely Handicapped. |
4 | (8) Medical Assistance Reimbursements to Local Education |
5 | Agencies. |
6 | (e) Department of Environmental Protection.--The following |
7 | restricted receipt accounts may be established for the |
8 | Department of Environmental Protection: |
9 | (1) Federal Water Resources Planning Act. |
10 | (2) Flood Control Payments. |
11 | (3) Soil and Water Conservation Act - Inventory of |
12 | Programs. |
13 | (f) Department of Health.--The following restricted receipt |
14 | accounts may be established for the Department of Health: |
15 | (1) Share Loan Program. |
16 | (2) (Reserved). |
17 | (g) Department of Transportation.--The following restricted |
18 | receipt accounts may be established for the Department of |
19 | Transportation: |
20 | (1) Capital Assistance Elderly and Handicapped Programs. |
21 | (2) Railroad Rehabilitation and Improvement Assistance. |
22 | (3) Ridesharing/Van Pool Program - Acquisition. |
23 | (h) Pennsylvania Emergency Management Agency.--The following |
24 | restricted receipt accounts may be established for the |
25 | Pennsylvania Emergency Management Agency: |
26 | (1) Receipts from Federal Government - Disaster Relief - |
27 | Disaster Relief Assistance to State and Political |
28 | Subdivisions. |
29 | (2) (Reserved). |
30 | (i) Pennsylvania Historical and Museum Commission.--The |
|
1 | following restricted receipt accounts may be established for the |
2 | Pennsylvania Historical and Museum Commission: |
3 | (1) Federal Grant - National Historic Preservation Act. |
4 | (2) (Reserved). |
5 | (j) Executive Offices.--The following restricted receipt |
6 | accounts may be established for the Executive Offices: |
7 | (1) Retired Employees Medicare Part D. |
8 | (2) Justice Assistance. |
9 | (3) Juvenile Accountability Incentive. |
10 | Section 1720-K. State Gaming Fund. |
11 | (a) Deduction of certain appropriations.--Notwithstanding |
12 | the provisions of section 504(c)(1) of the act of June 27, 2006 |
13 | (1st Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief |
14 | Act, funds appropriated to the Pennsylvania Gaming Control Board |
15 | from the State Gaming Fund shall be deducted from the amount |
16 | transferred to the Property Tax Relief Reserve Fund under |
17 | section 504(b) of the Taxpayer Relief Act and loaned to the |
18 | Pennsylvania Gaming Control Board for payment of the board's |
19 | administrative and operating expenses for the fiscal year |
20 | commencing July 1, 2009. Funds loaned to the board under this |
21 | section and sections 1720-G and 1720-I shall be repaid from the |
22 | accounts established under 4 Pa.C.S. § 1401 (relating to slot |
23 | machine licensee deposits) in accordance with subsection (b). |
24 | (b) Assessment for repayment.--Notwithstanding the |
25 | provisions of 4 Pa.C.S. § 1901.1 (relating to repayments to |
26 | State Gaming Fund), the Pennsylvania Gaming Control Board shall |
27 | assess slot machine licensees for repayment of funds transferred |
28 | and loaned to the board under subsection (a) from the State |
29 | Gaming Fund in accordance with 4 Pa.C.S. § 1402 (relating to |
30 | gross terminal revenue deductions) for repayment to the Property |
|
1 | Tax Relief Reserve Fund at such time as at least 11 slot machine |
2 | licenses have been issued and 11 licensed gaming entities have |
3 | commenced the operation of slot machines. The board shall adopt |
4 | a repayment schedule that assesses to each slot machine licensee |
5 | costs for the repayment of amounts appropriated under this |
6 | section in an amount that is proportional to each slot machine |
7 | licensee's gross terminal revenue. |
8 | (c) Property tax relief.-- |
9 | (1) Notwithstanding the provisions of section 504 of the |
10 | Taxpayer Relief Act, until the loan to the Pennsylvania |
11 | Gaming Control Board under subsection (a) is repaid, the |
12 | Secretary of the Budget is authorized to provide for property |
13 | tax relief under section 503(d) of the Taxpayer Relief Act, |
14 | regardless of whether the amount deposited in the Property |
15 | Tax Relief Reserve Fund is less than required by section 504 |
16 | of the Taxpayer Relief Act. |
17 | (2) Notwithstanding the provisions of 4 Pa.C.S. § |
18 | 1901.1, beginning January 1, 2011, if the Secretary of the |
19 | Budget determines that the moneys in the Property Tax Relief |
20 | Reserve Fund are needed for property tax relief, the |
21 | secretary shall notify the Pennsylvania Gaming Control Board |
22 | and upon notification, the board shall immediately assess |
23 | each slot machine licensee for the repayment of the loan in |
24 | an amount that is proportional to each slot machine |
25 | licensee's gross terminal revenue. |
26 | (d) Other appropriations solely from assessment.-- |
27 | (1) All funds for the operation of the Pennsylvania |
28 | State Police, Department of Revenue and Attorney General are |
29 | appropriated solely from an assessment on gross terminal |
30 | revenue from accounts under 4 Pa.C.S. § 1401 in an amount |
|
1 | equal to that appropriated by the General Assembly for fiscal |
2 | year 2009-2010. The Pennsylvania State Police, Attorney |
3 | General or Department of Revenue shall not assess any charge, |
4 | fee, cost of operations or other payment from a licensed |
5 | gaming entity in excess of amounts appropriated for fiscal |
6 | year 2009-2010, unless specifically authorized by law. |
7 | (2) This subsection shall not apply to any voluntary |
8 | payment made by a new slot machine licensee in accordance |
9 | with similar payments voluntarily made by existing licensees. |
10 | Section 1721-K. Pennsylvania Racehorse Development Fund. |
11 | (Reserved). |
12 | Section 1722-K. Straw Purchase Prevention Education Fund. |
13 | Notwithstanding the provisions of 18 Pa.C.S. § 6187 (relating |
14 | to transfer for initial funding), in fiscal year 2009-2010, no |
15 | funds shall be transferred from the General Fund to the Straw |
16 | Purchase Prevention Education Fund established in 18 Pa.C.S. § |
17 | 6186 (relating to Straw Purchase Prevention Education Fund). |
18 | Section 6. Notwithstanding any other provision of law, the |
19 | Scranton State School for the Deaf and the Board of Trustees of |
20 | the Scranton State School for the Deaf are abolished. |
21 | Section 7. Repeals are as follows: |
22 | (1) The General Assembly declares that the repeal under |
23 | paragraph (2) is necessary to effectuate the addition of |
24 | Article V-A of the act. |
25 | (2) Sections 618 and 618.1 of the act of April 9, 1929 |
26 | (P.L.177, No.175), known as The Administrative Code of 1929, |
27 | are repealed. |
28 | (3) The General Assembly declares that the repeals under |
29 | paragraph (4) are necessary to effectuate the addition of |
30 | section 1722-J(11) of the act. |
|
1 | (4) The following acts or parts of acts are repealed |
2 | insofar as they are inconsistent with this act: |
3 | (i) Sections 3 and 4 of the act of May 8, 1913 |
4 | (P.L.163, No.112), entitled "An act providing for an |
5 | examination of the Pennsylvania Oral School for the Deaf, |
6 | at Scranton, Lackawanna County, Pennsylvania; providing |
7 | for the transfer, under certain conditions, of the said |
8 | Oral School for the Deaf to the Commonwealth; regulating |
9 | said school in the event of such transfer; and making an |
10 | appropriation to carry out the purposes of this act." |
11 | (ii) Sections 2 and 202 of the act of June 7, 1923 |
12 | (P.L. 498, No. 274), known as The Administrative Code. |
13 | (iii) Sections 202, 401 and 1311 of the act of April |
14 | 9, 1929 (P.L.177, No.175), known as The Administrative |
15 | Code of 1929. |
16 | (iv) Section 5.1 of the act of July 8, 1957 |
17 | (P.L.579, No.321), entitled, "An act establishing minimum |
18 | compensation and increments for members of the faculty |
19 | and administration of the Thaddeus Stevens State School |
20 | of Technology, the Scotland School for Veterans' |
21 | Children, and the Scranton State School for the Deaf, |
22 | providing leave of absence with pay for faculty members |
23 | and the superintendent of schools and imposing duties on |
24 | the Board of Trustees of such schools and the Secretary |
25 | of Education." |
26 | (v) Section 1.2 of the act of December 12, 1973 |
27 | (P.L.397, No.141), known as the Professional Educator |
28 | Discipline Act. |
29 | (vi) 24 Pa.C.S. §§ 8102 and 8327. |
30 | (5) Chapter 11 of the act of March 20, 2002 (P.L.154, |
|
1 | No.13), known as the Medical Care Availability and Reduction |
2 | of Error (Mcare) Act, is repealed. |
3 | (6) The act of July 9, 2008 (P.L.908, No.63), known as |
4 | the H2O PA Act, is repealed insofar as it is inconsistent |
5 | with this act. |
6 | (7) All other acts and parts of acts are repealed |
7 | insofar as they are inconsistent with this act. |
8 | (8) The following appropriations in the act of August 5, |
9 | 2009 (P.L. , No.1A), known as the General Appropriation Act |
10 | of 2009, vetoed in part, are repealed: |
11 | (i) The State appropriation for smoke free |
12 | Pennsylvania enforcement in section 215 of the act is |
13 | repealed. |
14 | (ii) The State appropriation for a separate State- |
15 | funded vocational rehabilitation program to provide |
16 | vocational rehabilitation services leading to competitive |
17 | employment for OVR-eligible persons with disabilities |
18 | unable to receive services through the Federal Vocational |
19 | Rehabilitation Program in section 217 of the act is |
20 | repealed. |
21 | (iii) The Federal appropriation for "Home Visitation |
22 | to Prevent Child Maltreatment" in section 219 of the act |
23 | is repealed. |
24 | (iv) The Federal appropriation for "Emergency Food |
25 | Assistance" in section 1712 of the act is repealed. |
26 | (v) The Federal and State appropriations for |
27 | payments for early intervention services, for |
28 | "Individuals with Disabilities Education," for "Food and |
29 | Nutrition - Local," for "Esea - Title I - Local" and for |
30 | "ARRA - Education for Homeless Children and Youth" in |
|
1 | section 1714 of the act are repealed. |
2 | (vi) The Federal appropriations for "Survey Studies" |
3 | and "State Energy Program (SEP)" in section 1715 of the |
4 | act are repealed. |
5 | (vii) The Federal appropriations for "Programs for |
6 | the Aging - Title III," and "Programs for the Aging - |
7 | Title V" in section 1731 of the act are repealed. |
8 | Section 8. The provisions of this act are severable. If any |
9 | provision of this act or its application to any person or |
10 | circumstance is held invalid, the invalidity shall not affect |
11 | other provisions or applications of this act which can be given |
12 | effect without the invalid provision or application. |
13 | Section 9. This act shall apply as follows: |
14 | (1) The addition of section 1776-A of the act shall |
15 | apply to contracts entered into on or after the effective |
16 | date of this paragraph. |
17 | (1.1) The following provisions shall apply retroactively |
18 | to July 1, 2009: |
19 | (i) The amendment of section 1721-E of the act. |
20 | (ii) The amendment of section 1722-E of the act. |
21 | (iii) The amendment of section 1733-E of the act. |
22 | (iv) The amendment of section 1735-E of the act. |
23 | (v) Except as set forth in paragraph (3), the |
24 | addition of Article XVII-J of the act. |
25 | (vi) The addition of Article XVII-K of the act. |
26 | (2) The amendment of section 1723-E of the act shall |
27 | apply retroactively to May 1, 2009. |
28 | (3) Paragraph (1.1)(v) does not apply to the addition of |
29 | section 1722-J(8) and (9) of the act. |
30 | Section 10. This act shall take effect as follows: |
|
1 | (1) Notwithstanding paragraph (2)(i), the addition of |
2 | section 510-A of the act shall take effect July 1, 2010, or |
3 | immediately, whichever is later. |
4 | (2) The following provisions shall take effect November |
5 | 30, 2010: |
6 | (i) Except as set forth in paragraph (1), the |
7 | addition of Article V-A of the act. |
8 | (ii) Section 7(1) and (2) of this act. |
9 | (3) The remainder of this act shall take effect |
10 | immediately. |
11 | Section 1. Section 301.1(i) of the act of April 9, 1929 | <-- |
12 | (P.L.343, No.176), known as The Fiscal Code, amended July 4, |
13 | 2008 (P.L.629, No.53), is amended to read: |
14 | Section 301.1. Investment of Moneys.--* * * |
15 | (i) (1) Notwithstanding subsections (a) through (h), the |
16 | Treasury Department shall have the exclusive management and full |
17 | power to invest and reinvest the moneys of any fund as shall be |
18 | accumulated beyond the ordinary needs of the various funds and |
19 | which are not authorized by law to be invested by any board, |
20 | commission or State officer, subject, however, to the prudent |
21 | investor standard. |
22 | (1.1) When investing, reinvesting, purchasing, acquiring, |
23 | exchanging, selling or managing public funds, the Treasury |
24 | Department shall act as a fiduciary with care, skill, prudence |
25 | and diligence under the circumstances then prevailing, |
26 | specifically including, but not limited to, the general economic |
27 | conditions and the anticipated needs of the funds, that a |
28 | prudent person acting in a like capacity and with familiarity |
29 | with those matters would use in the conduct of funds of a like |
30 | character and with like objectives. The following shall apply: |
|
1 | (i) The primary objective of the Treasury Department shall |
2 | be to safeguard the principal of the funds. The secondary |
3 | objective shall be to meet the liquidity needs of the funds. The |
4 | third objective shall be to achieve a return on the funds. |
5 | (ii) The prudent investor standard embraces the duty of |
6 | loyalty whereby actions must be in accordance with the sole |
7 | purpose doctrine to accomplish the prudent investor objectives |
8 | and not in pursuit of other objectives except as otherwise |
9 | provided by statute. |
10 | (iii) The prudent investor standard embraces the duty to |
11 | monitor the ongoing circumstances of investments for ongoing |
12 | appropriateness of investments to meet the prudent investor |
13 | objectives. |
14 | (iv) The Treasury Department shall have the power and |
15 | authority to invest in securities subject to the then prevailing |
16 | standards that institutional investors employ in the context of |
17 | investment decisions made with consideration of fiduciary |
18 | standards. |
19 | (v) The Treasury Department shall maintain and publish a |
20 | list of prohibited investments within its investment policy. |
21 | (2) The authority to invest or reinvest the moneys of any |
22 | fund pursuant to this subsection shall expire December 31, |
23 | [2010] 2014. The Treasury Department may maintain investments |
24 | pursuant to this subsection which are in existence on the |
25 | expiration date in this paragraph for not more than two years |
26 | following such expiration date. |
27 | Section 2. Section 505(a) and (c) of the act, amended June |
28 | 28, 1951 (P.L.601, No.152), December 14, 1967 (P.L.,810, |
29 | No.347), December 1, 1971 (P.L.581, No.151) and July 11, 1980 |
30 | (P.L.554, No.115), are amended to read: |
|
1 | Section 505. State Depositories.--The Board of Finance and |
2 | Revenue shall have the power, and its duty shall be, |
3 | (a) To select and designate, as depositories for the State |
4 | moneys, banks, banking institutions, trust companies or savings |
5 | and loan associations, which are subject to national or State |
6 | supervision, and the accounts of which are insured by a |
7 | corporation organized under the Laws of the Commonwealth, or by |
8 | an instrumentality of the Federal Government, and each of which, |
9 | 1. Has made written application to the State Treasurer for a |
10 | deposit of State moneys, designating the amount of deposit |
11 | solicited, and accompanying its application by a written |
12 | statement showing the amount of its capital actually paid in, |
13 | the amount of its surplus, the number of its stockholders, and |
14 | whether its stock is well distributed or largely held by a few |
15 | individuals, and the length of time that said institution has |
16 | been engaged in business under its charter. Each such statement |
17 | shall be verified by the oath or affirmation of the president, |
18 | cashier, or trust officer, as the case may be, and the State |
19 | Treasurer shall present the same to the board for its |
20 | consideration within thirty days after the receipt thereof. |
21 | 2. Shall, upon the receipt of notice of its selection as a |
22 | depository of State moneys, furnish a bond to secure payment of |
23 | deposits and interests to the Commonwealth of Pennsylvania, with |
24 | a proper warrant of attorney to confess judgment in favor of the |
25 | Commonwealth, secured by a surety company or individual sureties |
26 | to be approved by the board, in the amount of the deposit to be |
27 | made. If a corporate bond be given, no one surety company shall |
28 | be approved in an aggregate amount in excess of five times its |
29 | capital surplus, and reserve, and, whenever individual sureties |
30 | are presented for approval, they shall qualify in an aggregate |
|
1 | over and above their individual liabilities to three times the |
2 | amount of the deposit. No one person may qualify for more than |
3 | one-fourth of the total amount of the bond required: Provided, |
4 | That when any deposit of State moneys is insured with the |
5 | Federal Deposit Insurance Commissioner or any other corporation |
6 | hereafter organized by the United States for the purpose of |
7 | insuring deposits, such depository shall not be required to |
8 | furnish bond or security to cover the amount of such deposit so |
9 | insured: And provided further, That, in lieu of the surety bonds |
10 | of surety companies or of individuals as aforesaid, the deposit |
11 | of State moneys may be secured by the deposit with the State |
12 | Treasurer, with the Federal Reserve Bank of Philadelphia or |
13 | Pittsburgh, or with any bank or bank and trust company organized |
14 | under the laws of this Commonwealth or any national association |
15 | located in this Commonwealth which shall be approved by the |
16 | State Treasurer, subject to such regulations as may be |
17 | prescribed by the Board of Finance and Revenue or the State |
18 | Treasurer, or both, as the case may be, of bonds or notes of the |
19 | United States, or bonds or notes which the United States fully |
20 | guarantees both as to principal and interest, bonds of the |
21 | Delaware River Joint Commissions, bonds of the Pennsylvania |
22 | Turnpike Commission, bonds of the State Public School Building |
23 | Authority, bonds of The General State Authority, bonds of the |
24 | State Highway and Bridge Authority, bonds of the Pennsylvania |
25 | Housing Agency, bonds or tax anticipation notes of this |
26 | Commonwealth, or of any municipal subdivision, institution |
27 | district, or school district or county thereof, to be approved |
28 | by the board, in an amount measured by their actual market value |
29 | equal to the amount of deposit so secured and [twenty] two per |
30 | centum in addition thereto. Said bonds and any additions to and |
|
1 | substitutions and exchanges therefor shall be subject to proper |
2 | assignment, or right to sell, or power of attorney to transfer |
3 | the same, and said trust deposit of securities shall be |
4 | maintained, on request, at the amount aforesaid, in case of any |
5 | depreciation in the value thereof: Provided, That no bonds, or |
6 | other security, shall be required of State depositories for |
7 | State deposits to the extent, that such State deposits are |
8 | insured under the provisions of Section 12 B of the Federal |
9 | Reserve Act, approved the twenty-third day of December, one |
10 | thousand nine hundred and thirteen, its amendments and |
11 | supplements. |
12 | 3. Shall agree to pay interest upon all State deposits, at |
13 | the rate to be fixed every six months by the Board of Finance |
14 | and Revenue, having due regard to the then prevailing money |
15 | market: Provided, That such agreement is not in conflict with |
16 | law or any regulation of the Comptroller of the Currency, or of |
17 | the Federal Reserve Board of the United States. The said board |
18 | may fix different rates of interest for active and inactive |
19 | depositories, not in conflict with law or any regulation of the |
20 | Comptroller of the Currency, or of the Federal Reserve Board of |
21 | the United States, and may adopt and promulgate rules governing |
22 | the time when interest shall begin to run on deposits of |
23 | uncollected items. The board shall fix the specific day on which |
24 | any change in interest rate shall become effective, and shall |
25 | notify, in writing, every depository of such change and the |
26 | effective date thereof. Pending action by the board the interest |
27 | rates heretofore fixed by law shall remain in force. All |
28 | collections shall be made for the Commonwealth without cost or |
29 | compensation. |
30 | * * * |
|
1 | (c) To designate [two banks or trust companies in Dauphin |
2 | County, two banks or trust companies in Allegheny County, two |
3 | banks or trust companies in Philadelphia County, and thirteen] |
4 | at least eight banks or trust companies in any part of the |
5 | Commonwealth, to be known as active depositories, in which shall |
6 | be deposited a sufficient amount of the daily receipts of the |
7 | State Treasury to transact the current business of the |
8 | Commonwealth. [The board may designate nine other banks or trust |
9 | companies, located anywhere in the Commonwealth, to be known as |
10 | active depositories, and to be used for the purpose above |
11 | mentioned.] |
12 | * * * |
13 | Section 2.1. Section 1501 of the act, amended March 18, 1971 |
14 | (P.L.109, No.4) and July 26, 1973 (P.L.223, No.56) and repealed |
15 | in part April 28, 1978 (P.L.202, No.53), is amended to read: |
16 | Section 1501. Requisitions.--No money shall be paid out of |
17 | any fund in the State Treasury, except (1) the State Workmen's |
18 | Insurance Fund, and except (2) the Surplus Commodities Stamp |
19 | Fund, until a requisition therefor shall have been presented to |
20 | or prepared by the State Treasurer. |
21 | For money appropriated to the Governor or to the Executive |
22 | Board, the Governor shall prepare requisitions and present them |
23 | to the Treasury Department. |
24 | For money appropriated to the Lieutenant Governor he shall |
25 | prepare requisitions and present them to the Treasury |
26 | Department. |
27 | For money appropriated to administrative departments, or to |
28 | independent administrative boards or commissions, the respective |
29 | departments, boards, or commissions, shall prepare their |
30 | requisitions, with the written approval of their respective |
|
1 | department heads and departmental comptrollers noted thereon, |
2 | and present them to the Treasury Department. |
3 | Requisitions for payment shall be presented in such form, |
4 | whether paper, electronic or otherwise, in accordance with |
5 | generally commercially accepted methods. Requisitions for |
6 | payment may be presented to the Treasury Department by |
7 | electronic transmission which shall evidence the approval of the |
8 | comptroller and department head. |
9 | For money appropriated to departmental administrative boards |
10 | or commissions, or advisory boards or commissions, such boards |
11 | or commissions shall prepare requisitions, and forward them to |
12 | the departments with which they are respectively connected. Such |
13 | departments, if they approve the requisitions, shall so signify |
14 | in writing, and shall transmit them to the Treasury Department. |
15 | No requisition of a departmental administrative board or |
16 | commission, or of an advisory board or commission, shall be |
17 | valid without the approval in writing of the head and the |
18 | comptroller of the department with which such board or |
19 | commission is connected. |
20 | For money appropriated to a person, association, corporation, |
21 | or agency, not a part of the executive branch of the State |
22 | Government, the person, association, corporation, or agency, to |
23 | whom or to which the appropriation was made, shall prepare |
24 | requisitions and present them to the Treasury Department, but |
25 | whenever, in any such case, any other act of Assembly requires |
26 | the requisition to be approved by an administrative department |
27 | of the State Government, other than the Treasury Department, it |
28 | shall be forwarded to the Treasury Department through such other |
29 | administrative department. |
30 | For money appropriated for a purpose, without designation of |
|
1 | the expending agency, the Treasury Department shall prepare |
2 | requisitions except as to appropriations for the purposes of the |
3 | judiciary for which the Court Administrator of Pennsylvania |
4 | shall prepare, supervise or delegate preparation of requisitions |
5 | and present them to the Treasury Department. Such requisitions |
6 | shall include those for the payment of the salaries, |
7 | compensations and expenses of all justices, judges, district |
8 | justices, employes, boards, commissions and other agencies of |
9 | the judicial department who are paid from Commonwealth |
10 | appropriations. |
11 | Section 2.2. Section 1502 of the act, amended November 17, |
12 | 1982 (P.L.684, No.195), is amended to read: |
13 | Section 1502. Audit of Requisitions and Issuance of |
14 | Warrants.--Requisitions shall be audited by the Treasury |
15 | Department in accordance with generally accepted auditing |
16 | standards and if they appear to be lawful and correct, the State |
17 | Treasurer shall issue his warrant for the payment thereof. The |
18 | Treasury Department shall audit requisitions for payments to |
19 | credit card processors in accordance with generally accepted |
20 | auditing standards to determine if they appear to be lawful and |
21 | correct after issuing a warrant for payment and shall refer any |
22 | error to the Secretary of Budget and the Office of Attorney |
23 | General for recovery or collection. Otherwise, they shall be |
24 | returned to the source from which they came for revision, |
25 | correction, or cancellation. |
26 | Section 2.3. Section 1503(a) of the act, amended May 2, 1986 |
27 | (P.L.145, No.45), is amended to read: |
28 | Section 1503. Payments.--(a) All payments out of the |
29 | several funds in the State Treasury shall be made by a |
30 | commercially accepted method of payment from the Treasury |
|
1 | Department. The State Treasurer shall determine the form and |
2 | method of issuing such payments. The State Treasurer shall make |
3 | available to the agencies for which the Treasury Department |
4 | makes payments as many of such payment methods as the Treasury |
5 | Department determines to be commercially accepted and generally |
6 | used. The Treasury Department shall administer and support the |
7 | provisioning of these payment methods. |
8 | * * * |
9 | Section 2.4. The act is amended by adding a section to read: |
10 | Section 1605-E. Additional transfer. |
11 | Notwithstanding section 1603-E or any other provision of law, |
12 | in fiscal year 2010-2011 the amount of $180,000,000 shall be |
13 | transferred from the fund to the General Fund. |
14 | Section 2.5. The act is amended by adding articles to read: |
15 | ARTICLE XVI-F |
16 | (RESERVED) |
17 | ARTICLE XVI-G |
18 | BONDS |
19 | Section 1601-G. Issuance of certain refunding bonds. |
20 | (a) Issuance of bonds.--Notwithstanding any other provision |
21 | of law, any transit entity may issue bonds to refund obligations |
22 | issued prior to June 30, 2007, and may pay and secure such |
23 | refunding bonds with all or part of the sources of payment and |
24 | security for the obligations that are being refunded, including, |
25 | but not limited to, money from the fund. Refunding bonds issued |
26 | pursuant to this section may include bonds issued to fund costs |
27 | of the refunding, including, but not limited to, costs of |
28 | issuance, funding one or more debt service reserve or similar |
29 | funds and making termination payments on interest rate exchange |
30 | agreements related to the obligations being refunded. The term |
|
1 | of any refunding bonds issued under this section may not exceed |
2 | the term of the obligations being refunded and the total debt |
3 | service payable on refunding bonds issued under this section may |
4 | not exceed the total debt service payable on the obligations |
5 | being refunded by the refunding. |
6 | (b) Commonwealth pledge.--The Commonwealth does hereby |
7 | pledge to and agree with any person, firm or corporation, |
8 | government agency, whether in this Commonwealth or elsewhere, or |
9 | Federal agency subscribing to or acquiring bonds issued under |
10 | this section, that the Commonwealth will not limit or alter the |
11 | rights hereby vested in the transit entity in any manner |
12 | inconsistent with the obligations of the transit entity to the |
13 | obligees of the transit entity until all the refunding bonds |
14 | issued by the transit entity under this section, together with |
15 | the interest thereon, are fully paid or provided for. |
16 | (c) Definitions.--As used in this section, the following |
17 | words and phrases shall have the meanings given to them in this |
18 | subsection unless the context clearly indicates otherwise: |
19 | "Bonds." Notes, bonds, refunding notes and refunding bonds, |
20 | interim certificates, debentures and other evidences of |
21 | indebtedness or obligations which a transit entity is authorized |
22 | to issue. |
23 | "Fund." The Public Transportation Assistance Fund |
24 | established under Article XXIII of the act of March 4, 1971 |
25 | (P.L.6, No.2), known as the Tax Reform Code of 1971. |
26 | "Obligations." Any bonds, notes, bond anticipation notes, |
27 | refunding notes and refunding bonds, interim certificates, |
28 | debentures and other evidences of indebtedness or obligations of |
29 | a transit entity for which revenues from the fund were pledged |
30 | prior to June 30, 2007. |
|
1 | "Obligees of the transit entity." Any holder or owner of any |
2 | refunding bond of a transit entity issued under this section or |
3 | any trustee or other fiduciary for any such holder or any |
4 | provider of a letter of credit, policy of municipal bond |
5 | insurance or other credit enhancement or liquidity facility for |
6 | refunding bonds issued under this section. |
7 | "Transit entity." Any class of transit entity as defined in |
8 | former 74 Pa.C.S. § 1301. |
9 | ARTICLE XVI-H |
10 | EDUCATIONAL TAX CREDITS |
11 | Section 1601-H. Department of Education. |
12 | (a) Applicability.--This section shall apply to Educational |
13 | Improvement Tax Credits awarded in fiscal year 2010-2011. |
14 | (b) Restoration.--Notwithstanding Articles XVII-F and XXIX-E |
15 | of the act of March 4, 1971 (P.L.6, No.2), known as the Tax |
16 | Reform Code of 1971, for the tax credit established under |
17 | Article XVII-F of the Tax Reform Code of 1971, the amount |
18 | available to be awarded pursuant to section 1706-F(a) of the Tax |
19 | Reform Code of 1971 shall be $60,000,000 in fiscal year |
20 | 2010-2011. The amount available to be awarded under section |
21 | 1706-F(a)(1) and (2) of the Tax Reform Code of 1971 shall be as |
22 | follows: |
23 | (1) The total aggregate amount of all tax credits |
24 | approved shall not exceed $53,604,000 in fiscal year |
25 | 2010-2011. No less than $40,202,400 of the total aggregate |
26 | amount shall be used to provide tax credits for contributions |
27 | from business firms to scholarship organizations. No less |
28 | than $13,401,600 of the total aggregate amount shall be used |
29 | to provide tax credits for contributions from business firms |
30 | to educational improvement organizations. |
|
1 | (2) The total aggregate amount of all tax credits |
2 | approved for contributions from business firms to |
3 | prekindergarten scholarship programs shall not exceed |
4 | $6,396,000 in fiscal year 2010-2011. |
5 | ARTICLE XVI-I |
6 | PERMIT EXTENSIONS |
7 | Section 1601-I. Scope. |
8 | This article relates to development permit extensions. |
9 | Section 1602-I. Definitions. |
10 | The following words and phrases when used in this article |
11 | shall have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Approval." |
14 | (1) Except as provided in paragraph (2), any government |
15 | agency approval, agreement, permit, including a building |
16 | permit or construction permit, or other authorization or |
17 | decision: |
18 | (i) allowing a development or construction project |
19 | to proceed; or |
20 | (ii) relating to or affecting development, granted |
21 | pursuant to a statute, regulation or ordinance adopted by |
22 | a municipality, including the following: |
23 | (A) 37 Pa.C.S. (relating to historical and |
24 | museums). |
25 | (B) 53 Pa.C.S. (relating to municipalities |
26 | generally). |
27 | (C) 68 Pa.C.S. Pt. II Subpt. B (relating to |
28 | condominiums). |
29 | (D) 68 Pa.C.S. Pt. II Subpt. C (relating to |
30 | cooperatives). |
|
1 | (E) 68 Pa.C.S. Pt. II, Subpt. D (relating to |
2 | planned communities). |
3 | (F) The act of March 7, 1901 (P.L.20, No.14), |
4 | referred to as the Second Class City Law, as it |
5 | relates to development and construction. |
6 | (G) The act of April 9, 1929 (P.L.177, No.175), |
7 | known as The Administrative Code of 1929. |
8 | (H) The act of June 23, 1931 (P.L.932, No.317), |
9 | known as The Third Class City Code, as it relates to |
10 | development and construction. |
11 | (I) The act of June 24, 1931 (P.L.1206, No.331), |
12 | known as The First Class Township Code, as it relates |
13 | to development and construction. |
14 | (J) The act of May 1, 1933 (P.L.103, No.69), |
15 | known as The Second Class Township Code, as it |
16 | relates to development and construction. |
17 | (K) The act of June 22, 1937 (P.L.1987, No.394), |
18 | known as The Clean Streams Law. |
19 | (L) The act of June 1, 1945 (P.L.1242, No.428), |
20 | known as the State Highway Law, as it relates to the |
21 | issuance of highway occupancy permits which are |
22 | regulated under 67 Pa. Code Ch. 441 (relating to |
23 | access to and occupancy of highways by driveways and |
24 | local roads) or which are affected by other laws or |
25 | regulations. |
26 | (M) The act of April 21, 1949 (P.L.665, No.155), |
27 | known as the First Class City Home Rule Act, as it |
28 | relates to development and construction. |
29 | (N) The act of July 28, 1953 (P.L.723, No.230), |
30 | known as the Second Class County Code. |
|
1 | (O) The act of August 9, 1955 (P.L.323, No.130), |
2 | known as The County Code. |
3 | (P) The act of July 15, 1957 (P.L.901, No.399), |
4 | known as the Optional Third Class City Charter Law, |
5 | as it relates to development and construction. |
6 | (Q) The act of May 16, 1923 (P.L.207, No.153), |
7 | referred to as the Municipal Claim and Tax Lien Law. |
8 | (R) The act of January 24, 1966 (1965 P.L.1535, |
9 | No.537), known as the Pennsylvania Sewage Facilities |
10 | Act. |
11 | (S) The act of February 1, 1966 (1965 P.L.1656, |
12 | No.581), known as The Borough Code, as it relates to |
13 | development and construction. |
14 | (T) The act of July 31, 1968 (P.L.805, No.247), |
15 | known as the Pennsylvania Municipalities Planning |
16 | Code. |
17 | (U) The act of July 9, 1971 (P.L.206, No.34), |
18 | known as the Improvement of Deteriorating Real |
19 | Property or Areas Tax Exemption Act. |
20 | (V) The act of October 4, 1978 (P.L.851, |
21 | No.166), known as the Flood Plain Management Act. |
22 | (W) The act of October 4, 1978 (P.L.864, |
23 | No.167), known as the Storm Water Management Act. |
24 | (X) The act of November 26, 1978 (P.L.1375, |
25 | No.325), known as the Dam Safety and Encroachments |
26 | Act. |
27 | (Y) The act of November 10, 1999 (P.L.491, |
28 | No.45), known as the Pennsylvania Construction Code |
29 | Act. |
30 | (Z) The act of December 20, 2000 (P.L.724, |
|
1 | No.99), known as the Municipal Code and Ordinance |
2 | Compliance Act. |
3 | (Z.1) The act of June 22, 2001 (P.L.390, No.29), |
4 | known as the Conservation and Preservation Easements |
5 | Act. |
6 | (Z.2) The act of May 16, 2002 (P.L.315, No.46), |
7 | known as the Community Services Block Grant Act. |
8 | (Z.3) The act of February 22, 2008 (P.L.36, |
9 | No.4), entitled "An act authorizing the Department of |
10 | General Services, with the concurrence of the |
11 | Department of Environmental Protection, to lease to |
12 | VTE Philadelphia, LP, or its nominee, land within the |
13 | bed of the Delaware River in the City of |
14 | Philadelphia; and affirming the authority of the |
15 | General Assembly to enact certain conveyances." |
16 | (Z.4) The act of February 22, 2008 (P.L.41, |
17 | No.5), entitled "An act authorizing the Department of |
18 | General Services, with the concurrence of the |
19 | Department of Environmental Protection, to lease to |
20 | NCCB Associates, LP, or its nominee, land within the |
21 | bed of the Delaware River in the City of |
22 | Philadelphia; and affirming the authority of the |
23 | General Assembly to enact certain conveyances." |
24 | (Z.5) Soil erosion and sediment control plans |
25 | approved by a local soil conservation district under |
26 | 25 Pa. Code Ch. 102 (relating to erosion and sediment |
27 | control). |
28 | (Z.6) The National Historic Preservation Act |
29 | (Public Law 89-665, 80 Stat. 915), to the extent the |
30 | Commonwealth has been empowered to administer, |
|
1 | approve or otherwise authorize activities under that |
2 | act. |
3 | (Z.7) The Federal Water Pollution Control Act |
4 | (62 Stat. 1155, 33 U.S.C. § 1251 et seq.), to the |
5 | extent the Commonwealth has been empowered to |
6 | administer, approve or otherwise authorize activities |
7 | under that act. |
8 | (2) In cities of the first class and agencies |
9 | established by such cities, the term shall include only the |
10 | issuance of a building permit, a zoning use and registration |
11 | permit, and any administrative approval, including an |
12 | approval by a board or commission, that is a condition |
13 | precedent to issuance of a building permit or zoning use and |
14 | registration permit to an owner of property. |
15 | (3) Creating additional units and common elements out of |
16 | convertible real estate in a condominium or planned |
17 | community. |
18 | "Development." Any of the following: |
19 | (1) The division of a parcel of land into two or more |
20 | parcels, including a subdivision as defined in section 107 of |
21 | the act of July 31, 1968 (P.L.805, No.247), known as the |
22 | Pennsylvania Municipalities Planning Code. |
23 | (2) The construction, reconstruction, conversion, |
24 | structural alteration, relocation or enlargement of a |
25 | building or other structure. |
26 | (3) Site preparation, including grading, earth moving |
27 | activities, clearance, soil removal or movement, timber |
28 | harvesting relocation, excavation, landfill and moving, |
29 | depositing or storing soil, rock or earth materials. |
30 | (4) A use or change in the use of a building or other |
|
1 | structure or change in land use. |
2 | (5) Land development, as defined in section 107 of the |
3 | Pennsylvania Municipalities Planning Code, or land use. |
4 | (6) Demolition, moving or removing a building or other |
5 | structure. |
6 | (7) The right to convert convertible real estate or |
7 | withdraw withdrawable real estate pursuant to 68 Pa.C.S. Pt. |
8 | II Subpt. B (relating to condominiums) or 68 Pa.C.S. Pt. II |
9 | Subpt. D (relating to planned communities). |
10 | "Extension period." The period beginning after December 31, |
11 | 2008, and ending before July 2, 2013. |
12 | "Government agency." The Commonwealth, a political |
13 | subdivision or an agency, department, authority, commission or |
14 | board of the Commonwealth or a political subdivision. The term |
15 | includes regional commissions, boards or instrumentalities with |
16 | the authority to issue approvals. |
17 | Section 1603-I. Existing approval. |
18 | (a) Automatic suspension.--The expiration date of an |
19 | approval by a government agency that is granted for or in effect |
20 | during the extension period, whether obtained before or after |
21 | the beginning of the extension period, shall be automatically |
22 | suspended during the extension period. |
23 | (a.1) Cities of the first class.--In cities of the first |
24 | class and agencies established by such cities, the suspension |
25 | provided for in subsection (a) shall be valid, for any covered |
26 | approval, 20 days after the notice from the approval holder to |
27 | the agency that issued the approval of the approval holder's |
28 | intent to exercise his or her rights under the suspension and |
29 | payment of a fee equal to 50% of the original application fee, |
30 | but not to exceed $5,000. The agency that issued the approval |
|
1 | may prescribe a form of notice. |
2 | (b) Duration.--Nothing in this section shall shorten the |
3 | term or duration an approval relating to development would have |
4 | had in the absence of the enactment of this section. Nothing in |
5 | this section shall prohibit the granting of additional |
6 | extensions as provided by law. |
7 | (c) Riparian leases.-- |
8 | (1) The time period relating to obtaining a building |
9 | permit under section 1(i) of the act of February 22, 2008 |
10 | (P.L. 36, No. 4), entitled, "An act authorizing the |
11 | Department of General Services, with the concurrence of the |
12 | Department of Environmental Protection, to lease to VTE |
13 | Philadelphia, LP, or its nominee, land within the bed of the |
14 | Delaware River in the City of Philadelphia; and affirming the |
15 | authority of the General Assembly to enact certain |
16 | conveyances," shall be extended until January 1, 2013, or one |
17 | year from the effective date of this subsection, whichever is |
18 | later. |
19 | (2) The time period relating to obtaining a building |
20 | permit under section 1(i) of the act of February 22, 2008 |
21 | (P.L. 41, No. 5), entitled, "An act authorizing the |
22 | Department of General Services, with the concurrence of the |
23 | Department of Environmental Protection, to lease to NCCB |
24 | Associates, LP, or its nominee, land within the bed of the |
25 | Delaware River in the City of Philadelphia; and affirming the |
26 | authority of the General Assembly to enact certain |
27 | conveyances," shall be extended until January 1, 2013, or one |
28 | year from the effective date of this subsection, whichever is |
29 | later. |
30 | Section 1604-I. Subsequent changes. |
|
1 | (a) Change in law.--A law, regulation or policy enacted, |
2 | adopted or modified by a government agency during the extension |
3 | period shall not have the effect of prohibiting or limiting an |
4 | existing approval during the extension period. |
5 | (b) Planning code approval.--When an approval has been |
6 | granted under the act of July 31, 1968 (P.L.805, No.247), known |
7 | as the Pennsylvania Municipalities Planning Code, a subsequent |
8 | change in a zoning, subdivision or other governing ordinance or |
9 | plan shall not apply to or affect the right of the applicant to |
10 | commence or complete the activities authorized by the approval |
11 | for the duration of the extension period. For purposes of this |
12 | subsection, the extension period shall be extended for the |
13 | duration of any litigation, including appeals, relating to an |
14 | approval which prevents the completion of all or part of the |
15 | activity authorized by the approval. |
16 | (c) Nonexpiration.--An action by a government agency or law |
17 | to lease, license, grant or otherwise convey rights in the beds |
18 | of navigable waters of the Commonwealth shall not expire for the |
19 | duration of the extension period, including time limits relating |
20 | to the initiation, prosecution or completion of construction. A |
21 | conveyance of rights under this subsection shall not terminate |
22 | during the extension period for failure to initiate, prosecute |
23 | or complete construction. |
24 | Section 1605-I. Agency verification. |
25 | (a) Request for verification.-- |
26 | (1) The holder or recipient of an approval may seek |
27 | written verification from the issuing government agency for |
28 | any of the following: |
29 | (i) The existence of a valid approval. |
30 | (ii) The expiration date of the approval under this |
|
1 | article. |
2 | (2) The request shall set forth the approval in question |
3 | and the anticipated expiration date under this article. |
4 | (b) Agency action.--Upon receipt of a request under |
5 | subsection (a), the government agency shall respond in writing, |
6 | affirming or denying the existence of the approval, its |
7 | expiration date and any issues associated with its validity |
8 | within 30 days. Except in cities of the first class and agencies |
9 | established by such cities, failure to respond within 30 days |
10 | shall result in a deemed affirmation of the existence of the |
11 | approval and expiration date set forth in the request submitted |
12 | under subsection (a). The agency may charge a fee of not more |
13 | than $100 for verification of a residential approval and $500 |
14 | for verification of a commercial approval under this subsection. |
15 | (c) Failure to seek affirmation.--The failure of the holder |
16 | of an approval to seek verification from a government agency |
17 | shall not be grounds for termination, revocation or other |
18 | invalidation of an approval. |
19 | (d) Appeals of verification.--A dispute arising under this |
20 | section shall be appealable in accordance with one of the |
21 | following applicable laws: |
22 | (1) 2 Pa.C.S. § 105 (relating to local agency law). |
23 | (2) The act of July 31, 1968 (P.L.805, No.247), known as |
24 | the Pennsylvania Municipalities Planning Code. |
25 | Section 1606-I. Applicability. |
26 | (a) Exceptions.--This article shall not apply to any of the |
27 | following: |
28 | (1) An approval issued to comply with Federal law, the |
29 | duration or terms of expiration of which is specified or |
30 | determined by Federal law. |
|
1 | (2) An administrative consent order or other enforcement |
2 | action relating to an approval that is subject to the |
3 | extension period. |
4 | (3) An approval, designation or benefit under the act of |
5 | October 6, 1998 (P.L.705, No.92), known as the Keystone |
6 | Opportunity Zone, Keystone Opportunity Expansion Zone and |
7 | Keystone Opportunity Improvement Zone Act. |
8 | (4) A "One-Call" determination, response or other |
9 | requirement under the act of December 10, 1974 (P.L.852, |
10 | No.287), referred to as the Underground Utility Line |
11 | Protection Law. |
12 | (5) The revocation or modification of an approval or |
13 | extension of an approval, when the approval authorizes the |
14 | modification or revocation for cause. |
15 | (6) An approval issued by the Department of |
16 | Transportation, except that approvals in accordance with 67 |
17 | Pa. Code Ch. 441 (relating to access to and occupancy of |
18 | highways by driveways and local roads) shall be extended by |
19 | the department upon the submission of a complete and accurate |
20 | application throughout the extension period for one-year |
21 | intervals, subject to the requirements of 67 Pa. Code Ch. |
22 | 441, including modifications based on changed circumstances. |
23 | (7) An approval issued by the Department of |
24 | Environmental Protection implementing 25 Pa. Code § 93.4a |
25 | (relating to antidegradation) in connection with surface |
26 | waters, as defined in 25 Pa. Code § 93.1 (relating to |
27 | definitions), or wetlands, as defined in 25 Pa. Code § 93.1, |
28 | which surface waters or wetlands, after the issuance of the |
29 | approval, and during the extension period, became classified |
30 | as: |
|
1 | (i) High Quality Waters, pursuant to 25 Pa. Code §§ |
2 | 93.1, 93.4b(a); or |
3 | (ii) Exceptional Value Waters, pursuant to 25 Pa. |
4 | Code § 93.4b(b)(1). |
5 | (8) An approval issued by the Department of |
6 | Environmental Protection implementing 25 Pa. Code § 93.4a in |
7 | connection with surface waters, as defined in 25 Pa. Code § |
8 | 93.1, or wetlands, as defined in 25 Pa. Code § 93.1, which |
9 | surface waters or wetlands are classified as Exceptional |
10 | Value Waters pursuant to 25 Pa. Code § 93.4b(b)(1). |
11 | (b) Sewer and water systems.--If an approval is based upon |
12 | the connection to a sanitary sewer system or water distribution |
13 | system, the application of the extension period as it relates to |
14 | capacity shall be contingent upon the availability of sufficient |
15 | capacity of the system to accommodate the development that is |
16 | the subject of the extended approval. If sufficient capacity is |
17 | unavailable at the time it is required to proceed with |
18 | development under the approval, priority with regard to further |
19 | distribution or allocation of capacity shall be established by |
20 | the date on which the approval was obtained. Priority relating |
21 | to distribution of additional capacity shall be allocated in |
22 | order of the granting of the original approval for the |
23 | connection. |
24 | (c) Fee.--A government agency which issued an approval may |
25 | charge a fee to extend the approval that may be no more than 25% |
26 | of the original application fee. In no event may the fee be more |
27 | than $5,000. |
28 | Section 1607-I. Notice. |
29 | Within 30 days of the effective date of this section, each |
30 | affected government agency shall publish notice of applicability |
|
1 | of the extension period to approvals granted by the government |
2 | agency under this article in the Pennsylvania Bulletin. |
3 | Section 1608-I. Miscellaneous. |
4 | (a) Construction.--Nothing in this article shall be |
5 | construed to modify any requirement of law that is necessary to |
6 | retain Federal delegation to, or assumption by, the Commonwealth |
7 | of the authority to implement a Federal law or program. |
8 | (b) Authority.--During the extension period, a government |
9 | agency shall retain the authority to do all of the following: |
10 | (1) Suspend or revoke an approval for noncompliance with |
11 | a written condition of the approval. |
12 | (2) Enforce conditions of approvals granted under law |
13 | prior to the extension period. |
14 | (3) Enforce only those conditions in an approval issued |
15 | under the act of July 31, 1968 (P.L.805, No.247), known as |
16 | the Pennsylvania Municipalities Planning Code, that are |
17 | required to be performed prior to final plan approval. |
18 | ARTICLE XVI-J |
19 | HERITAGE AREAS |
20 | Section 1601-J. Program. |
21 | (a) Establishment.--The Heritage Area Program is established |
22 | within the Department of Conservation and Natural Resources to |
23 | identify, protect, enhance and promote the historic, |
24 | recreational, natural, cultural and scenic resources of this |
25 | Commonwealth. |
26 | (b) Administration.--The department shall adopt guidelines |
27 | and policies for the implementation and administration of the |
28 | program. |
29 | (c) Funding.--The department may allocate funds appropriated |
30 | to the department for grants and investment programs within |
|
1 | heritage areas, including administration and operation. |
2 | Section 2.6. Article XVII-A of the act is amended by adding |
3 | a subarticle to read: |
4 | SUBARTICLE J |
5 | SPECIAL PROVISIONS RELATING TO |
6 | VICTIMS OF CRIME |
7 | Section 1791-A. Definitions. |
8 | The following words and phrases when used in this subarticle |
9 | shall have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Commission." The Pennsylvania Commission on Crime and |
12 | Delinquency. |
13 | "Crime." As defined in section 103 of the act of November |
14 | 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. |
15 | "Crime Victims Act. The act of November 24, 1998 (P.L.882, |
16 | No.111), known as the Crime Victims Act. |
17 | "Juvenile." As defined in section 103 of the act of November |
18 | 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. |
19 | "Victim." As defined in section 103 of the act of November |
20 | 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. |
21 | Section 1792-A. Special Juvenile Victim Compensation Fund. |
22 | (a) Establishment.--There is established in the State |
23 | Treasury a special fund to be known as the Special Juvenile |
24 | Victim Compensation Fund. |
25 | (b) Sources.--The sources of the fund are as follows: |
26 | (1) A transfer of $500,000 from the Crime Victim's |
27 | Compensation Fund established under section 1101(b)(1) of the |
28 | Crime Victims Act. As soon as practicable following the |
29 | effective date of this section, the State Treasurer shall |
30 | make the transfer. |
|
1 | (2) Appropriations. |
2 | (3) Money from any other source. |
3 | (4) Return on the money in the fund. |
4 | (c) Nonlapse.--The money in the Special Juvenile Victim |
5 | Compensation Fund is continuously appropriated into the Special |
6 | Juvenile Victim Compensation Fund. This appropriation shall not |
7 | lapse at the end of any fiscal year. |
8 | (d) Use.--The Special Juvenile Victim Compensation Fund |
9 | shall be administered by the commission as follows: |
10 | (1) The commission may not use any money for |
11 | administrative costs. |
12 | (2) The money shall be used solely to provide |
13 | compensation to victims of juvenile crime in a county of the |
14 | third class. A victim shall be entitled to receive |
15 | compensation from the fund if all of the following conditions |
16 | apply: |
17 | (i) A juvenile delinquency petition was filed in the |
18 | county which alleged that the victim was a victim of a |
19 | crime committed by a juvenile. |
20 | (ii) The juvenile delinquency petition was disposed |
21 | of prior to May 31, 2008, by the entry of a consent |
22 | decree or an adjudication of delinquency entered by a |
23 | court of common pleas in the county. |
24 | (iii) After December 31, 2008, the consent decree or |
25 | adjudication of delinquency previously entered was |
26 | vacated by order of the Supreme Court. |
27 | (iv) Following the vacating of the consent decree or |
28 | adjudication of delinquency, the Supreme Court or a |
29 | special master appointed by the Supreme Court issued a |
30 | written determination stating: |
|
1 | (A) that the victim suffered monetary loss, |
2 | expense or damage as a result of the alleged crime; |
3 | (B) that the court of common pleas in the county |
4 | had previously entered an order directing that the |
5 | victim was entitled to restitution or compensation |
6 | for the victim's loss, expense or damage which was |
7 | vacated prior to the victim's receiving payment in |
8 | full; |
9 | (C) that the victim is entitled to receive a |
10 | compensation award for pain and suffering endured in |
11 | connection with the victim's contact with the |
12 | juvenile justice system in the county under the |
13 | circumstances described in subparagraphs (i), (ii) |
14 | and (iii); and |
15 | (D) the amount of compensation award to be paid |
16 | to the victim for pain and suffering which shall |
17 | equal the amount of restitution the victim would have |
18 | been entitled to had the consent decree or |
19 | adjudication of delinquency previously entered not |
20 | been vacated, less any restitution and compensation |
21 | previously paid to the victim in connection with the |
22 | alleged crime. |
23 | (v) Notwithstanding any provision of this subarticle |
24 | to the contrary, the following shall apply regarding the |
25 | calculation of the amount of restitution and compensation |
26 | previously paid to the victim under subparagraph (iv)(D): |
27 | (A) The Supreme Court or special master |
28 | appointed by the Supreme Court shall request, and the |
29 | commission shall disclose, information concerning |
30 | applications for an award of compensation and |
|
1 | compensation award payments previously made by the |
2 | commission to the victim in connection with the crime |
3 | charged in the juvenile delinquency petition referred |
4 | to in subparagraph (i). |
5 | (B) The Supreme Court or special master |
6 | appointed by the Supreme Court shall include any |
7 | monetary loss, expense or damage that the Supreme |
8 | Court or special master determines has been or will |
9 | be paid to or on behalf of the victim by any of the |
10 | following: |
11 | (I) insurance, or health or welfare |
12 | programs, including those mandated by law; |
13 | (II) under a contract of insurance where the |
14 | victim is the beneficiary; |
15 | (III) under any pension program, including |
16 | those providing for disability or survivor's |
17 | benefits, or from any other public funds; or |
18 | (IV) under a settlement or award made by or |
19 | on behalf of a party alleged to be responsible, |
20 | in whole or in part for the injury, without |
21 | regard to the party's criminal liability. |
22 | (C) The Supreme Court or special master |
23 | appointed by the Supreme Court may require as a |
24 | condition of receiving an award under this section |
25 | that a victim disclose to the court or special master |
26 | the amount of restitution and compensation previously |
27 | received in connection with the crime charged in the |
28 | juvenile delinquency petition referred to in |
29 | subparagraph (i). |
30 | (vi) Promptly following issuance of the last written |
|
1 | determination described in subparagraph (iv), the Supreme |
2 | Court or special master appointed by the Supreme Court |
3 | shall notify the commission that all written |
4 | determinations have been issued. |
5 | (e) Administration.—- |
6 | (1) The commission shall make a lump sum payment to each |
7 | victim for which a determination has been issued under |
8 | subsection (d)(2)(iv). The payment shall be in the amount |
9 | specified in the determination. |
10 | (2) If money in the Special Juvenile Victim Compensation |
11 | Fund is not sufficient to make all of the payments required |
12 | under this subsection, the payments shall be reduced for each |
13 | victim on a pro rata basis. |
14 | (3) The commission shall, no more than 45 days following |
15 | notification from the Supreme Court or special master that |
16 | all written determinations under subsection (d)(2)(iv) have |
17 | been issued, submit requests to the State Treasurer that a |
18 | lump sum payment be made to each victim in the amount set |
19 | forth in the written determination pertaining to the victim. |
20 | (f) Tax consequences.--A payment made under subsection (e) |
21 | shall not be considered a class of income under section 303 of |
22 | the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform |
23 | Code of 1971. |
24 | (g) Right of subrogation and return of certain payments.-- |
25 | The following shall apply: |
26 | (1) The Commonwealth shall be subrogated to the payment |
27 | of an award made under this section, to the extent of the |
28 | payment, to any right of action against any person to recover |
29 | losses resulting from the crime charged in the juvenile |
30 | delinquency petition referred to in subsection (d)(2)(i). |
|
1 | (2) A victim receiving an award under this section shall |
2 | notify the commission of any payments received from any |
3 | source, other than the commission, that relate to the crime |
4 | charged in the juvenile delinquency petition referred to in |
5 | subsection (d)(2)(i) and which are received on or after the |
6 | date of the Supreme Court's or special master's written |
7 | determination. The victim shall promptly return to the |
8 | commission an amount equal to such payments for deposit into |
9 | the Crime Victim's Compensation Fund. |
10 | (h) Expiration.--A victim's ability to receive a written |
11 | determination for a compensation award under this subarticle |
12 | shall expire on the earlier of the following: |
13 | (1) The expenditure of all money in the Special Juvenile |
14 | Victim Compensation Fund. |
15 | (2) June 30, 2011. Money remaining in the fund on June |
16 | 30, 2011, that has not been encumbered or committed to pay |
17 | awards under written determinations issued prior to June 30, |
18 | 2011, shall be transferred to the Crime Victim's Compensation |
19 | Fund. |
20 | Section 1793-A. Victim Witness Services Fund. |
21 | On July 1, 2011, the State Treasurer shall transfer the sum |
22 | of $1,000,000 from the Crime Victim's Compensation Fund to the |
23 | Victim Witness Services Fund established in section 1101(b)(2) |
24 | of the Crime Victims Act to supplement, and to be distributed |
25 | together with, other money of the Victim Witness Services Fund |
26 | used to provide victim of juvenile offender grants to counties. |
27 | The transferred sum is hereby appropriated to the Victim Witness |
28 | Services Fund on a continuing basis for such purpose. |
29 | Section 2.7. Section 1735-E of the act, amended October 9, |
30 | 2009 (P.L.537, No.50), is amended to read: |
|
1 | Section 1735-E. Pennsylvania Emergency Management Agency. |
2 | The Pennsylvania Emergency Management Agency shall provide |
3 | semiannual reports of all grants awarded by the Pennsylvania |
4 | Emergency Management Agency from Federal disaster assistance or |
5 | relief funds, homeland security and defense funds, avian |
6 | flu/pandemic preparedness or other public health emergency funds |
7 | to the chairman and minority chairman of the Appropriations |
8 | Committee of the Senate and the chairman and minority chairman |
9 | of the Appropriations Committee of the House of Representatives. |
10 | The reports shall include information relating to the entity |
11 | receiving grant money from the agency, including the name and |
12 | address of the entity, the amount of the grant, the date of |
13 | issuance and the purpose of the grant. Reports shall be |
14 | submitted by August [15] 20 for grants awarded during the period |
15 | from January 1 through June 30 and by February [15] 20 for |
16 | grants awarded during the period from July 1 through December |
17 | 31. |
18 | Section 2.8. The act is amended by adding sections to read: |
19 | Section 1794-E. Judicial Computer System Augmentation Account. |
20 | The Supreme Court and the Court Administrator of Pennsylvania |
21 | are prohibited from augmenting the amount appropriated to the |
22 | Judicial Computer System Augmentation Account by billings to |
23 | other appropriations to the judicial branch for the Statewide |
24 | Judicial Computer System or for any other purpose. |
25 | Section 1795-E. Access to Justice Account. |
26 | Notwithstanding 42 Pa.C.S. § 4906 (relating to distribution |
27 | of funds), money in the Access to Justice Account may be |
28 | distributed at any time upon requisition of the Court |
29 | Administrator of Pennsylvania to the Pennsylvania Interest on |
30 | Lawyers Trust Account Board. |
|
1 | Section 2.9. Section 1799-E of the act is amended by adding |
2 | subsections to read: |
3 | Section 1799-E. State Gaming Fund. |
4 | * * * |
5 | (e) Assessments for property tax relief.--Notwithstanding |
6 | subsection (g) or any other provision of law to the contrary, if |
7 | the Secretary of the Budget authorizes a transfer from the |
8 | Property Tax Relief Reserve Fund and determines that the moneys |
9 | in the fund are insufficient to support the transfer, the |
10 | Secretary of the Budget shall notify the Pennsylvania Gaming |
11 | Control Board and, upon notification, the board shall |
12 | immediately assess each slot machine licensee for the repayment |
13 | of the loans authorized under sections 1720-G, 1720-I and 1720-K |
14 | in an amount that is proportional to each slot machine |
15 | licensee's gross terminal revenue. |
16 | (f) Appropriations solely from assessments.--Beginning in |
17 | fiscal year 2010-2011 and each fiscal year thereafter, all funds |
18 | for the operation of the Pennsylvania State Police, the |
19 | Department of Revenue and the Attorney General shall be |
20 | appropriated solely from an assessment on gross terminal revenue |
21 | from accounts under 4 Pa.C.S. § 1401 (relating to slot machine |
22 | licensee deposits) in an amount equal to that appropriated by |
23 | the General Assembly for that fiscal year. The Pennsylvania |
24 | State Police, Department of Revenue or Attorney General shall |
25 | not assess any charge, fee, cost of operations or other payment |
26 | from a licensed gaming entity in excess of amounts appropriated |
27 | in any such fiscal year unless specifically authorized by law. |
28 | (g) Establishment of repayment schedule.--No later than June |
29 | 30, 2011, the Pennsylvania Gaming Control Board, in consultation |
30 | with all licensed gaming entities, shall establish a schedule |
|
1 | governing the repayment by licensed gaming entities of loans |
2 | provided to the Pennsylvania Gaming Control Board under sections |
3 | 1720-G, 1720-I and 1720-K. The following shall apply: |
4 | (1) Repayment of loans provided to the Pennsylvania |
5 | Gaming Control Board pursuant to sections 1720-G, 1720-I and |
6 | 1720-K by licensed gaming entities shall begin at such time |
7 | as at least 11 slot machine licenses have been issued and 11 |
8 | licensed gaming entities have commenced operation of slot |
9 | machines. |
10 | (2) The Pennsylvania Gaming Control Board shall |
11 | establish a repayment schedule that, at a minimum: |
12 | (i) Sets forth the dates upon which the repayments |
13 | shall be due. Payments may be required on a quarterly, |
14 | semiannual or annual basis. |
15 | (ii) Assesses to each slot machine licensee costs |
16 | for repayment of loans from the Property Tax Relief |
17 | Reserve Fund made under sections 1720-G, 1720-I and 1720- |
18 | K in an amount that is proportional to each slot machine |
19 | licensee's gross terminal revenue. |
20 | (iii) Results in full repayment of amounts loaned |
21 | pursuant to sections 1720-G, 1720-I and 1720-K not |
22 | earlier than five years nor later than ten years |
23 | following commencement of the loan repayments by the slot |
24 | machine licensee. |
25 | Section 2.10 Section 1715-K(b)(1)(v) of the act, added |
26 | October 9, 2009 (P.L.537, No.50), is amended to read: |
27 | Section 1715-K. Tobacco Settlement Fund. |
28 | * * * |
29 | (b) Transfers.-- |
30 | (1) Notwithstanding sections 306 and 307 of the Tobacco |
|
1 | Settlement Act, the following shall apply. |
2 | * * * |
3 | [(v) For fiscal year 2010-2011, $250,000,000 is |
4 | transferred from the Tobacco Endowment Account for Long- |
5 | Term Hope to the General Fund.] |
6 | * * * |
7 | Section 3. The act is amended by adding articles to read: |
8 | ARTICLE XVII-L |
9 | 2010-2011 BUDGET IMPLEMENTATION |
10 | SUBARTICLE A |
11 | PRELIMINARY PROVISIONS |
12 | Section 1701-L. Applicability. |
13 | Except as specifically provided in this article, this article |
14 | applies to the General Appropriation Act of 2010 and all other |
15 | appropriation acts of 2010. |
16 | Section 1702-L. Definitions and abbreviations. |
17 | (a) Definitions.--The following words and phrases when used |
18 | in this article shall have the meanings given to them in this |
19 | section unless the context clearly indicates otherwise: |
20 | "General Appropriation Act." The act of , 2010 (P.L. , |
21 | No. ), known as the General Appropriation Act of 2010. |
22 | "Secretary." The Secretary of the Budget of the |
23 | Commonwealth. |
24 | (b) Abbreviations.--The following abbreviations when used in |
25 | this article shall have the meanings given to them in this |
26 | section: |
27 | "AIDS." Acquired Immune Deficiency Syndrome. |
28 | "ARC." Appalachian Regional Commission. |
29 | "ARRA." The American Recovery and Reinvestment Act of 2009 |
30 | (Public Law 111-5, 123 Stat. 115). |
|
1 | "BG." Block Grant. |
2 | "CCDFBG." Child Care and Development Fund Block Grant. |
3 | "Chartered school." A school chartered by the Commonwealth. |
4 | "CSBG." Community Services Block Grant. |
5 | "DCSI." Drug Control and Systems Improvement Formula Grant |
6 | Program. |
7 | "DFSC." The Safe and Drug-Free Schools and Communities Act |
8 | (Public Law 107-110, 20 U.S.C. § 7101 et seq.). |
9 | "DOE." Department of Energy. |
10 | "EEOC." Equal Employment Opportunity Commission. |
11 | "EPA." Environmental Protection Agency. |
12 | "ESEA." The Elementary and Secondary Education Act of 1965 |
13 | (Public Law 89-10, 20 U.S.C. § 6301 et seq.). |
14 | "FEMA." Federal Emergency Management Agency. |
15 | "FTA." Federal Transit Administration. |
16 | "HUD." Department of Housing and Urban Development. |
17 | "LIHEABG." Low-Income Home Energy Assistance Block Grant. |
18 | "LSTA." The Library Services and Technology Act (Public Law |
19 | 104-208, 20 U.S.C. § 9101 et seq.). |
20 | "MCHSBG." Maternal and Child Health Services Block Grant. |
21 | "MHSBG." Mental Health Services Block Grant. |
22 | "MR." Mental Retardation. |
23 | "PAFE." Pennsylvania Agricultural Food Exposition. |
24 | "PHHSBG." Preventive Health and Health Services Block Grant. |
25 | "RSAT." Residential Substance Abuse Treatment. |
26 | "SABG." Substance Abuse Block Grant. |
27 | "SCDBG." Small Communities Development Block Grant. |
28 | "SDA." Service Delivery Area. |
29 | "SSBG." Social Services Block Grant. |
30 | "TANF." Temporary Assistance for Needy Families. |
|
1 | "TANFBG." Temporary Assistance for Needy Families Block |
2 | Grant. |
3 | "TEFAP." Temporary Emergency Food Assistance Program. |
4 | "WIA." The Workforce Investment Act of 1998 (Public Law |
5 | 105-220, 112 Stat. 936). |
6 | "WIC." Women, Infants and Children Program. |
7 | SUBARTICLE B |
8 | EXECUTIVE DEPARTMENT |
9 | Section 1711-L. Governor (Reserved). |
10 | Section 1712-L. Executive Offices. |
11 | (a) Appropriations.--The following shall apply to |
12 | appropriations for the Executive Offices: |
13 | (1) (Reserved). |
14 | (2) A portion of the appropriation for the Office of the |
15 | Budget may be distributed upon approval of the secretary to |
16 | other State agencies to pay for comptroller services provided |
17 | to the agency. The secretary shall provide notice 10 days |
18 | prior to a distribution under this paragraph to the chairman |
19 | and the minority chairman of the Appropriations Committee of |
20 | the Senate and the chairman and the minority chairman of the |
21 | Appropriations Committee of the House of Representatives. |
22 | (b) Purchase cards.--The Office of the Budget shall maximize |
23 | the use of purchase cards for financial transactions involving |
24 | the Commonwealth where practical, in accordance with an |
25 | interagency agreement establishing usage guidelines between the |
26 | Office of the Budget and the Treasury Department. |
27 | Section 1713-L. Lieutenant Governor (Reserved). |
28 | Section 1714-L. Attorney General (Reserved). |
29 | Section 1715-L. Auditor General (Reserved). |
30 | Section 1716-L. Treasury Department (Reserved). |
|
1 | Section 1717-L. Department of Aging (Reserved). |
2 | Section 1718-L. Department of Agriculture. |
3 | No less than 80% of the funds appropriated for hardwoods |
4 | research and promotion shall be equally distributed among the |
5 | hardwood utilization groups of this Commonwealth established |
6 | prior to the effective date of this section. |
7 | Section 1719-L. Department of Community and Economic |
8 | Development (Reserved). |
9 | Section 1720-L. Department of Conservation and Natural |
10 | Resources (Reserved). |
11 | Section 1721-L. Department of Corrections (Reserved). |
12 | Section 1722-L. Department of Education. |
13 | (a) General rule.--The following shall apply to |
14 | appropriations for the Department of Education in the General |
15 | Appropriation Act for the fiscal year beginning July 1, 2010: |
16 | (1) (i) The board of directors of each school district |
17 | shall take such steps as necessary in order to have or |
18 | maintain a certified safety committee by June 30, 2011, |
19 | for the purposes of section 1002(b) of the act of June 2, |
20 | 1915 (P.L.736, No.338), known as the Workers' |
21 | Compensation Act. |
22 | (ii) The Department of Labor and Industry shall |
23 | provide the Department of Education with the list of |
24 | school districts who have a certified safety committee. |
25 | (iii) In the case of a school district that does not |
26 | submit evidence to the Department of Education that |
27 | complies with this paragraph, the Department of Education |
28 | shall deduct from any allocation from the Commonwealth to |
29 | which the school district is entitled the amount of the |
30 | discount the school district would otherwise receive |
|
1 | under section 1002(b) of the Workers' Compensation Act. |
2 | (iv) This paragraph shall not apply to a school |
3 | district that cannot receive a premium discount under |
4 | section 1002(b) of the Workers' Compensation Act, or an |
5 | equivalent reduction in contribution rates, by |
6 | establishing and maintaining a certified safety committee |
7 | because it is authorized to self-insure its liabilities |
8 | under section 305 of the Workers' Compensation Act or |
9 | pool its liabilities under section 802 of the Workers' |
10 | Compensation Act. |
11 | (2) The following shall apply to professional and |
12 | temporary professional employees of a school formerly |
13 | operated by the Commonwealth: |
14 | (i) The Commonwealth shall create a pool for each |
15 | school comprised of the professional and temporary |
16 | professional employees who have received formal notice of |
17 | suspension from the Commonwealth as a result of the |
18 | Commonwealth's decision to cease Commonwealth operation |
19 | of the school. |
20 | (ii) For the three school years immediately |
21 | following the formal notice of suspension from the |
22 | Commonwealth, employees in a pool created under |
23 | subparagraph (i) shall be offered employment by each |
24 | eligible school entity as determined under subparagraph |
25 | (iv) associated with the applicable pool created under |
26 | subparagraph (i), when that eligible school entity has a |
27 | vacancy for a position that an employee in the applicable |
28 | pool is properly certified to fill, provided that no |
29 | employee of the eligible school entity in which the |
30 | vacancy exists, including a suspended or demoted |
|
1 | employee, has a right to the vacancy under the act of |
2 | March 10, 1949 (P.L.30, No.14), known as the Public |
3 | School Code of 1949, or the collective bargaining |
4 | agreement of the respective eligible school entity. |
5 | (iii) For the three school years immediately |
6 | following the formal notice of suspension from the |
7 | Commonwealth, no new employee shall be hired by an |
8 | eligible school entity as determined under subparagraph |
9 | (iv) associated with the applicable pool created under |
10 | subparagraph (i), until the position has been offered, in |
11 | order of seniority, to all properly certified members of |
12 | the applicable pool created under subparagraph (i). |
13 | (iv) For the purpose of subparagraphs (ii) and |
14 | (iii), an "eligible school entity" shall be determined as |
15 | follows: |
16 | (A) a school district, vocational-technical |
17 | school or intermediate unit, the administration |
18 | building of which is 17 miles or less from the |
19 | administration building of a school formerly operated |
20 | by the Commonwealth or a school district which is |
21 | adjacent to the school district in which a school |
22 | formerly operated by the Commonwealth was situate; or |
23 | (B) a school district with average daily |
24 | membership greater than or equal to 8,000, the |
25 | administration building of which is 45 miles or less |
26 | from the administration building of a school formerly |
27 | operated by the Commonwealth, and which relies on |
28 | State revenue for not less than 50% of the school |
29 | district's total budget in one of the two most recent |
30 | years for which data has been published on the |
|
1 | Department of Education's public Internet website. |
2 | (3) (i) (A) Employees hired from a pool under |
3 | paragraph (2) and former employees of a school |
4 | formerly operated by the Commonwealth who resigned |
5 | from a school formerly operated by the Commonwealth |
6 | within the six months prior to October 9, 2009, and |
7 | who accepted employment at a school district, |
8 | intermediate unit or vocational-technical school |
9 | shall be credited by the hiring school district, |
10 | intermediate unit or vocational-technical school for |
11 | all sick leave accumulated in the school and shall be |
12 | credited for years of service in the school for |
13 | purposes of salary schedule placement. |
14 | (B) Such employees shall further be credited for |
15 | their years of service in the school for purposes of |
16 | sabbatical leave eligibility, suspension and |
17 | realignment rights and eligibility for any retirement |
18 | incentives or severance payments in a hiring school |
19 | district, intermediate unit or vocational-technical |
20 | school. |
21 | (ii) Nothing in this paragraph shall be construed to |
22 | supersede or preempt any provision of an individual |
23 | employment agreement between a school district, |
24 | intermediate unit or vocational-technical school and an |
25 | employee entered into prior to the effective date of this |
26 | section, or any provision of a collective bargaining |
27 | agreement in effect as of the effective date of this |
28 | section and negotiated by a school entity and an |
29 | exclusive representative of the employees in accordance |
30 | with the act of July 23, 1970 (P.L.563, No.195), known as |
|
1 | the Public Employe Relations Act. |
2 | (4) Notwithstanding any other provision of law, funds |
3 | received under the ARRA shall be spent in accordance with the |
4 | ARRA and applicable rules and guidelines developed by the |
5 | Federal Government. |
6 | (5) Notwithstanding any other provision of law, a board |
7 | of school directors of a school district may reopen its |
8 | 2010-2011 budget to reflect Federal and State allocations for |
9 | fiscal year 2010-2011 provided by the General Appropriation |
10 | Act. |
11 | (6) Annual payments from the appropriation to |
12 | institutions of higher learning for defraying the expenses of |
13 | hearing-impaired or sight-impaired students shall not exceed |
14 | $500 per student. |
15 | (7) Notwithstanding any other provision of law, Federal |
16 | and State funds shall be distributed to each community |
17 | college in an amount equal to the amount paid under section |
18 | 1913-A(b)(1.6) of the Public School Code of 1949, during the |
19 | 2008-2009 fiscal year. If insufficient funds are |
20 | appropriated, the payments shall be made on a pro rata basis. |
21 | (8) Funds appropriated for special education payments to |
22 | school districts shall be distributed to each school district |
23 | in an amount equal to the amount paid during the 2008-2009 |
24 | school year under section 2509.5(zz) of the Public School |
25 | Code of 1949. If insufficient funds are appropriated, the |
26 | payments shall be made on a pro rata basis. |
27 | (9) (i) Funds appropriated for the Educational |
28 | Assistance Program established in section 1502-C of the |
29 | Public School Code of 1949 shall be distributed to each |
30 | school entity in an amount equal to the amount paid |
|
1 | during the 2009-2010 school year. If insufficient funds |
2 | are appropriated, the payments shall be made on a pro |
3 | rata basis. |
4 | (ii) For purposes of the Educational Assistance |
5 | Program established in section 1502-C of the Public |
6 | School Code of 1949 and this paragraph, "school entity" |
7 | shall mean any of the following located in this |
8 | Commonwealth: a school district, joint school district, |
9 | area vocational-technical school or independent school. |
10 | (10) Funds appropriated for Pennsylvania accountability |
11 | grants shall be distributed to each school district in an |
12 | amount equal to the amount paid during the 2009-2010 school |
13 | year. If insufficient funds are appropriated, the payments |
14 | shall be made on a pro rata basis. |
15 | (11) Notwithstanding the provisions of 24 Pa.C.S. § |
16 | 8329(a) (relating to payments on account of social security |
17 | deductions from appropriations) when calculating payments by |
18 | the Commonwealth under 24 Pa.C.S. § 8329, the Department of |
19 | Education shall treat wages paid out of the ARRA State |
20 | Stabilization Fund or out of ARRA funds appropriated for Individual with Disabilities Education (Part B - Preschool |
21 | -Age 3-5) as covered wages which are not federally funded. |
22 | (12) The following apply to libraries: |
23 | (i) Funds appropriated for libraries shall be |
24 | distributed to each library under the following formula: |
25 | (A) Divide the sum of the amount of funding that |
26 | the library received in fiscal year 2009-2010 under |
27 | section 1722-J(14) by the total State-aid subsidy for |
28 | fiscal year 2009-2010. |
29 | (B) Multiply the quotient under clause (A) by |
|
1 | the total State-aid subsidy for 2010-2011. |
2 | (ii) Following distribution of funds appropriated |
3 | for State aid to libraries, any remaining funds may be |
4 | distributed at the discretion of the State Librarian. |
5 | (iii) If funds appropriated for State aid to |
6 | libraries in fiscal year 2010-2011 are less than funds |
7 | appropriated in fiscal year 2002-2003, the State |
8 | Librarian may waive standards as prescribed in section |
9 | 103 of the act of June 14, 1961 (P.L.324, No.188), known |
10 | as The Library Code, relating to hours of operation, |
11 | continuing professional development, collections, |
12 | expenditures and other aspects of library operation. |
13 | (iv) (A) Each library system receiving State aid |
14 | under this paragraph may distribute the local library |
15 | share of that aid in a manner as determined by the |
16 | board of directors of the library system. |
17 | (B) This subparagraph shall not apply to a |
18 | library system operating in a county of the second |
19 | class. |
20 | (13) Notwithstanding section 2510.1 of the Public School |
21 | Code of 1949, payments made to school districts for the |
22 | instruction of homebound children shall only be made to the |
23 | extent funds are appropriated for this purpose. |
24 | (14) The appropriation for basic education funding shall |
25 | be distributed as follows: |
26 | (i) The Commonwealth shall pay to each school |
27 | district a basic education funding allocation for the |
28 | 2009-2010 school year which shall consist of the sum of |
29 | the following: |
30 | (A) An amount equal to the allocations received |
|
1 | by the school district under section 1722-J (17)(i) |
2 | (A) and (B) and (C)(III). |
3 | (B) If a school district has been declared a |
4 | Commonwealth partnership school district on or before |
5 | June 30, 2010, under Article XVII-B of the Public |
6 | School Code of 1949, an amount equal to $2,000,000. |
7 | (C) (I) Thirty-two and six one-hundredths |
8 | percent (32.06%) of the amount determined under |
9 | section 2502.48(c)(1) of the Public School Code |
10 | of 1949. |
11 | (II) Any additional amount required so that |
12 | the total amount provided under clause (A) and |
13 | this clause equals 2% greater than the amount |
14 | provided under section 1722-J (17)(i). |
15 | (ii) For the purpose of the calculation under |
16 | section 2502.48(c)(1) of the Public School Code of 1949, |
17 | for payments made under this subsection: |
18 | (A) The amount per student under section |
19 | 2502.48(a) of the Public School Code of 1949 shall be |
20 | increased by the 2009-2010 index and by the 2010-2011 |
21 | index. The term "index" shall have the meaning given |
22 | to it under section 2501 of the Public School Code of |
23 | 1949. |
24 | (B) The number used for the purpose of each |
25 | school district's calculation under section |
26 | 2502.48(b)(5)(ii)(B) of the Public School Code of |
27 | 1949 shall not be less than one. |
28 | (iii) Any increase in basic education funding under |
29 | this paragraph shall qualify as an increase in basic |
30 | education funding for the purpose of section 2502.49 of |
|
1 | the Public School Code of 1949. The Department of |
2 | Education may grant a waiver for the use of up to 25% of |
3 | the funds subject to section 2502.49(a)(1) of the Public |
4 | School Code of 1949 if all of the following apply: |
5 | (A) The school district would otherwise be |
6 | required to reduce or eliminate one or more of the |
7 | programs listed under section 2502.49(a)(1) of the |
8 | Public School Code of 1949 due to a projected budget |
9 | shortfall. |
10 | (B) The funds subject to the waiver will be used |
11 | to maintain one or more existing programs listed |
12 | under section 2502.49(a)(1) of the Public School Code |
13 | of 1949. |
14 | (C) The school district has, in the |
15 | determination of the Department of Education, pursued |
16 | alternative opportunities for greater efficiency and |
17 | internal savings in order to fund the program or |
18 | programs without need for a waiver. |
19 | (D) The program to be maintained addresses a |
20 | significant need of the school district's students |
21 | and has demonstrated effectiveness at increasing |
22 | student achievement in the school district, in the |
23 | determination of the Department of Education. |
24 | (iv) The decision to grant a waiver under |
25 | subparagraph (iii) shall be at the sole discretion of the |
26 | Department of Education and shall not be subject to |
27 | appeal. |
28 | (15) (i) The Department of Education may utilize up to |
29 | $4,500,000 of undistributed funds not expended, |
30 | encumbered or committed from appropriations for grants |
|
1 | and subsidies made to the department to assist school |
2 | districts certified on or before June 30, 2010, as an |
3 | education empowerment district under section 1705-B(h)(3) |
4 | of the Public School Code of 1949. |
5 | (ii) There is hereby established a restricted |
6 | account in the State Treasury from which payments under |
7 | this paragraph shall be paid. Funds shall be transferred |
8 | by the secretary to the restricted account to the extent |
9 | necessary to make payments under this paragraph. Funds in |
10 | the restricted account are hereby appropriated to carry |
11 | out the purposes of this paragraph. The subsidy payment |
12 | from this restricted account shall be utilized to |
13 | supplement the operational budget of the eligible school |
14 | districts. |
15 | (16) Community colleges shall comply with the provisions |
16 | of section 1737-J. |
17 | (17) The appropriation for school improvement grants |
18 | shall be distributed as follows: |
19 | (i) Each eligible school district shall be eligible |
20 | to receive a school improvement grant under this |
21 | paragraph subject to the following provisions: |
22 | (A) Within 45 days after the effective date of |
23 | this paragraph, the eligible school district must |
24 | submit a plan for the use of the school improvement |
25 | grant to the Department of Education for approval. |
26 | (B) Within ten days after receipt of the plan, |
27 | the Department of Education shall approve or modify |
28 | the plan. The Department of Education may approve a |
29 | plan only if the plan demonstrates that the school |
30 | improvement grant funds will be used in a manner |
|
1 | consistent with the uses required under the Federal |
2 | School Improvement Grants program. |
3 | (C) Within five days after receipt of approval |
4 | from the Department of Education, the eligible school |
5 | district must post its approved or modified plan on |
6 | its public Internet website. |
7 | (D) The Department of Education shall provide |
8 | eligible school districts with technical assistance |
9 | in the implementation of an approved or modified |
10 | plan. |
11 | (ii) Subject to the requirements of this paragraph, |
12 | each eligible school district shall receive a base annual |
13 | grant of $450,000 and an additional grant of up to $75 |
14 | per average daily membership for the prior school year of |
15 | the eligible school district. The eligible school |
16 | district shall give priority in allocating the grant |
17 | funding to the persistently lowest achieving schools |
18 | within the eligible school district. |
19 | (iii) As used in this paragraph, the following words |
20 | and phrases shall have the meanings given to them in this |
21 | subparagraph unless the context clearly indicates |
22 | otherwise: |
23 | "Eligible school district." A school district that |
24 | received a school improvement grant for the 2009-2010 |
25 | school year under section 1709-B of the Public School |
26 | Code of 1949, which section expired on June 30, 2010, and |
27 | each school district of the first class designated as |
28 | distressed under section 691(c) of the Public School Code |
29 | of 1949. |
30 | "Federal School Improvement Grants program." The |
|
1 | school improvement grants authorized by section 1003(g) |
2 | of the Elementary and Secondary Education Act of 1965 |
3 | (Public Law 107-110, 115 Stat. 1425) and ARRA. |
4 | "Persistently lowest achieving school." A school |
5 | achieving within the lowest measured group of 5% in this |
6 | Commonwealth as certified by the Department of Education |
7 | for the most recent school year for which data is posted |
8 | on the Department of Education's public Internet website. |
9 | (b) Definitions.--The words and phrases used in this section |
10 | and not otherwise defined in Subarticle A shall have the |
11 | meanings given to them in the act of March 10, 1949 (P.L.30, |
12 | No.14), known as the Public School Code of 1949. |
13 | Section 1723-L. Department of Environmental Protection. |
14 | The following shall apply to appropriations for the |
15 | Department of Environmental Protection in the General |
16 | Appropriation Act: |
17 | (1) (Reserved). |
18 | (2) Notwithstanding the provisions of section 502 of the |
19 | act of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known as |
20 | the Alternative Energy Investment Act, in fiscal year |
21 | 2010-2011, no funds shall be appropriated from the General |
22 | Fund to the department for the Consumer Energy Program. Any |
23 | appropriation for fiscal year 2010-2011 is revoked. |
24 | Section 1724-L. Department of General Services (Reserved). |
25 | Section 1725-L. Department of Health. |
26 | The following shall apply to appropriations for the |
27 | Department of Health in the General Appropriation Act: |
28 | (1) Funds appropriated for lupus programs shall be |
29 | distributed in the same proportion as distributed in fiscal |
30 | year 2009-2010. |
|
1 | (2) Funds appropriated for arthritis outreach and |
2 | education shall be equitably distributed among the central, |
3 | western and eastern regions of this Commonwealth based on the |
4 | ratio of population served in each region to the total |
5 | population served in this Commonwealth. |
6 | (3) Funds appropriated for biotechnology research |
7 | include $839,000 for a regenerative medicine center located |
8 | in a county of the second class and $1,145,000 for an |
9 | institution for hepatitis and virus research located in a |
10 | county of the second class A, which conducts research related |
11 | to developing new therapies for viral hepatitis and liver |
12 | cancer. |
13 | Section 1726-L. Insurance Department (Reserved). |
14 | Section 1727-L. Department of Labor and Industry. |
15 | The following shall apply to appropriations for the |
16 | Department of Labor and Industry in the General Appropriation |
17 | Act: |
18 | (1) The appropriation for payment to the Vocational |
19 | Rehabilitation Fund for work of the State Board of Vocational |
20 | Rehabilitation includes $2,153,000 for a Statewide |
21 | professional service provider association for the blind to |
22 | provide specialized services and prevention of blindness |
23 | services and $431,000 to provide specialized services and |
24 | prevention of blindness services in cities of the first |
25 | class. |
26 | (2) For the "Reed Act-Unemployment Insurance" and "Reed |
27 | Act-Employment Services and Unemployment Insurance" |
28 | appropriations, the total amount which may be obligated shall |
29 | not exceed the limitations under section 903 of the Social |
30 | Security Act (49 Stat. 620, 42 U.S.C. § 1103). |
|
1 | Section 1728-L. Department of Military and Veterans Affairs |
2 | (Reserved). |
3 | Section 1729-L. Department of Public Welfare. |
4 | The following shall apply to appropriations for the |
5 | Department of Public Welfare from the General Appropriation Act: |
6 | (1) Authorized transfers for child-care services. The |
7 | following shall apply: |
8 | (i) The department, upon approval of the secretary, |
9 | may transfer Federal funds appropriated for TANFBG Child |
10 | Care Assistance to the CCDFBG Child Care Services |
11 | appropriation to provide child-care services to |
12 | additional low-income families if the transfer of funds |
13 | will not result in a deficit in the appropriation. The |
14 | secretary shall provide notice ten days prior to a |
15 | transfer under this subparagraph to the chairman and |
16 | minority chairman of the Appropriations Committee of the |
17 | Senate and the chairman and minority chairman of the |
18 | Appropriations Committee of the House of Representatives. |
19 | (ii) The department, upon approval of the secretary, |
20 | may transfer Federal funds appropriated for CCDFBG Child |
21 | Care Assistance to the CCDFBG Child Care Services |
22 | appropriation to provide child-care services to |
23 | additional low-income families, provided that the |
24 | transfer of funds will not result in a deficit in the |
25 | appropriation. The secretary shall provide notice ten |
26 | days prior to a transfer under this subparagraph to the |
27 | chairman and minority chairman of the Appropriations |
28 | Committee of the Senate and the chairman and minority |
29 | chairman of the Appropriations Committee of the House of |
30 | Representatives. |
|
1 | (2) Federal and State medical assistance payments. The |
2 | following shall apply: |
3 | (i) When making payments for medical assistance |
4 | outpatient or capitation services, the department shall |
5 | not require a recipient to obtain a physician referral in |
6 | order to receive chiropractic services. |
7 | (ii) No funds appropriated for approved capitation |
8 | plans shall be used to pay a provider who fails to supply |
9 | information in a form required by the department in order |
10 | to facilitate claims for Federal financial participation |
11 | for services rendered to general assistance clients. |
12 | (iii) For fiscal year 2010-2011, payments to |
13 | hospitals for Community Access Fund grants shall be |
14 | distributed under the formulas utilized for these grants |
15 | in fiscal year 2009-2010. If the total funding available |
16 | for Community Access Fund payments in fiscal year |
17 | 2010-2011 is less than that available in fiscal year |
18 | 2009-2010, payments shall be made on a pro rata basis. |
19 | (iv) Qualifying State-related academic medical |
20 | centers shall not receive any less funding than received |
21 | for the fiscal year 2004-2005 State appropriation level |
22 | if Federal funding for academic medical centers is not |
23 | made available to those academic medical centers during |
24 | fiscal year 2010-2011. |
25 | (v) (Reserved). |
26 | (vi) Funds appropriated for medical assistance |
27 | transportation shall only be utilized as a payment of |
28 | last resort for transportation for eligible medical |
29 | assistance recipients. |
30 | (vii) Amounts allocated from funds appropriated for |
|
1 | medical assistance outpatient services for the Select |
2 | Plan for Women Preventative Health Services shall be used |
3 | for women's medical services, including noninvasive |
4 | contraception supplies. |
5 | (viii) Federal or State funds appropriated under the |
6 | General Appropriation Act in accordance with the act of |
7 | March 24, 2004 (P.L.148, No.15), known as the |
8 | Pennsylvania Trauma Systems Stabilization Act, not used |
9 | to make payments to hospitals qualifying as Level III |
10 | trauma centers shall be used to make payments to |
11 | hospitals qualifying as Level I and II trauma centers. |
12 | (3) Breast cancer screening. The following shall apply: |
13 | (i) Funds appropriated for breast cancer screening |
14 | may be used for women's medical services, including |
15 | noninvasive contraception supplies. |
16 | (ii) (Reserved). |
17 | (4) Women's service programs. The following shall apply: |
18 | (i) Funds appropriated for women's service programs |
19 | grants to nonprofit agencies whose primary function is to |
20 | provide alternatives to abortion shall be expended to |
21 | provide services to women until childbirth and for up to |
22 | 12 months thereafter, including food, shelter, clothing, |
23 | health care, counseling, adoption services, parenting |
24 | classes, assistance for postdelivery stress and other |
25 | supportive programs and services and for related outreach |
26 | programs. Agencies may subcontract with other nonprofit |
27 | entities which operate projects designed specifically to |
28 | provide all or a portion of these services. Projects |
29 | receiving funds referred to in this subparagraph shall |
30 | not promote, refer or perform abortions or engage in any |
|
1 | counseling which is inconsistent with the appropriation |
2 | referred to in this subparagraph and shall be physically |
3 | and financially separate from any component of any legal |
4 | entity engaging in such activities. |
5 | (ii) Federal funds appropriated for TANFBG |
6 | Alternatives to Abortion shall be utilized solely for |
7 | services to women whose gross family income is below 185% |
8 | of the Federal poverty guidelines. |
9 | (5) County children and youth programs. The following |
10 | shall apply: |
11 | (i) No more than 50% of funds allocated from the |
12 | State appropriation for county children and youth |
13 | programs to each county shall be expended until each |
14 | county submits to the department data for the prior State |
15 | fiscal year, and updated quarterly, on the unduplicated |
16 | caseloads, unduplicated services and number of |
17 | caseworkers by county program. Data shall be submitted in |
18 | a form acceptable to the department. A copy of the data |
19 | shall be sent to the chairman and minority chairman of |
20 | the Appropriations Committee of the Senate and to the |
21 | chairman and the minority chairman of the Appropriations |
22 | Committee of the House of Representatives. |
23 | (ii) Reimbursement for children and youth services |
24 | made pursuant to section 704.1 of the act of June 13, |
25 | 1967 (P.L.31, No.21), known as the Public Welfare Code, |
26 | shall not exceed the amount of State funds appropriated. |
27 | It is the intent of the General Assembly that counties do |
28 | not experience any adverse fiscal impact due to the |
29 | department's maximization efforts. |
30 | (6) Community-based family centers. No funds |
|
1 | appropriated for community-based family centers may be |
2 | considered as part of the base for calculation of the county |
3 | child welfare needs-based budget for a fiscal year. |
4 | Section 1730-L. Department of Revenue. |
5 | The following shall apply to appropriations for the |
6 | Department of Revenue from the General Appropriation Act: |
7 | (1) There is hereby created within the General Fund a |
8 | restricted account to be known as the Enhanced Revenue |
9 | Collection Account. Revenues collected and the amount of |
10 | refunds avoided as a result of expanded tax return review and |
11 | tax collection activities shall be deposited into the |
12 | account. |
13 | (2) Of the funds in the Enhanced Revenue Collection |
14 | Account, for each of fiscal year 2010-2011 and 2011-2012, up |
15 | to $4,300,000 is hereby appropriated to the Department of |
16 | Revenue to fund the costs associated with increased tax |
17 | collection enforcement and reduction in tax refund errors. |
18 | The balance of the funds in the account on June 15, 2011, and |
19 | each June 15 thereafter shall be transferred to the General |
20 | Fund or other appropriate fund. |
21 | (3) The Department of Revenue shall issue a report to |
22 | the Governor, the majority and minority chairs of the |
23 | Appropriations Committee of the Senate and the majority and |
24 | minority chairs of the Appropriations Committee of the House |
25 | of Representatives by June 1, 2011, and by each June 1 |
26 | thereafter, with the following information: |
27 | (i) A detailed breakdown of the department's |
28 | administrative costs in implementing the activities |
29 | described under paragraph (1). |
30 | (ii) The amount of revenue collected and the amount |
|
1 | of refunds avoided as a result of the activities |
2 | described under paragraph (1). The report shall also |
3 | detail the type of tax generating the revenue and avoided |
4 | refunds. |
5 | Section 1731-L. Department of State (Reserved). |
6 | Section 1732-L. Department of Transportation (Reserved). |
7 | Section 1733-L. Pennsylvania State Police. |
8 | The following shall apply to appropriations for the |
9 | Pennsylvania State Police from the General Appropriation Act: |
10 | (1) Payments made to municipalities under 53 Pa.C.S. § |
11 | 2170 (relating to reimbursement of expenses) shall be limited |
12 | to funds available. If funds are not available to make full |
13 | payments, the Municipal Police Officers' Education and |
14 | Training Commission shall make payments on a pro rata basis. |
15 | (2) (Reserved). |
16 | Section 1734-L. State Civil Service Commission (Reserved). |
17 | Section 1735-L. Pennsylvania Emergency Management Agency |
18 | (Reserved). |
19 | Section 1736-L. Pennsylvania Fish and Boat Commission |
20 | (Reserved). |
21 | Section 1737-L. State System of Higher Education. |
22 | Each public institution of higher education shall comply with |
23 | the provisions of section 1737-J for the Fiscal Year beginning |
24 | July 1, 2010. |
25 | Section 1737.1-L. State-related institutions. |
26 | Each State-related institution shall comply with the |
27 | provisions of section 1737.1-J for the Fiscal Year beginning |
28 | July 1, 2010. |
29 | Section 1738-L. Pennsylvania Higher Education Assistance |
30 | Agency. |
|
1 | The following shall apply to appropriations for the |
2 | Pennsylvania Higher Education Assistance Agency from the General |
3 | Appropriation Act: |
4 | (1) Maximization of funds. The Pennsylvania Higher |
5 | Education Assistance Agency shall use funds appropriated for |
6 | matching payments for student aid funds to maximize the |
7 | receipt of Federal funds to the fullest extent possible. |
8 | (2) Limitation. No college, university or institution |
9 | receiving a direct appropriation from the Commonwealth shall |
10 | be eligible to participate in the institutional assistance |
11 | grants program. |
12 | (3) Agricultural loan forgiveness. In distributing funds |
13 | appropriated for agricultural loan forgiveness, the agency |
14 | shall give preference to renewal applicants. |
15 | Section 1739-L. Pennsylvania Historical and Museum Commission |
16 | (Reserved). |
17 | Section 1740-L. Pennsylvania Infrastructure Investment |
18 | Authority (Reserved). |
19 | Section 1741-L. Environmental Hearing Board (Reserved). |
20 | Section 1742-L. Pennsylvania Board of Probation and Parole |
21 | (Reserved). |
22 | Section 1743-L. Pennsylvania Public Television Network |
23 | Commission (Reserved). |
24 | Section 1744-L. Pennsylvania Securities Commission (Reserved). |
25 | Section 1745-L. State Tax Equalization Board (Reserved). |
26 | Section 1746-L. Health Care Cost Containment Council. |
27 | The Health Care Cost Containment Council shall submit a |
28 | report to the chairman and minority chairman of the |
29 | Appropriations Committee of the Senate and the chairman and |
30 | minority chairman of the Appropriations Committee of the House |
|
1 | of Representatives specifying the amount and source of proceeds |
2 | received from the sale of data by the council. The report shall |
3 | supplement the annual report of financial expenditures required |
4 | under section 17.1 of the act of July 8, 1986 (P.L.408, No.89), |
5 | known as the Health Care Cost Containment Act. Forty percent of |
6 | the proceeds received from the sale of data may be used for the |
7 | operations of the council. The remainder of the proceeds shall |
8 | be deposited in the General Fund and shall not be expended |
9 | unless appropriated by the General Assembly. |
10 | Section 1747-L. State Ethics Commission (Reserved). |
11 | Section 1748-L. State Employees' Retirement System (Reserved). |
12 | Section 1749-L. Thaddeus Stevens College of Technology |
13 | (Reserved). |
14 | Section 1750-L. Pennsylvania Housing Finance Agency (Reserved). |
15 | Section 1751-L. LIHEABG (Reserved). |
16 | Section 1752-L. Budget Stabilization Reserve Fund (Reserved). |
17 | SUBARTICLE C |
18 | LEGISLATIVE DEPARTMENT |
19 | Section 1761-L. Authorization to transfer certain legislative |
20 | appropriations. |
21 | (a) Transfer.--All appropriations made in the General |
22 | Appropriation Act of 2010 or in any other act in any fiscal year |
23 | to an account of an agency within sections 253, 254, 255, 256, |
24 | 257, 258, 259, 260, 261, 262, 263 and 264 of the General |
25 | Appropriation Act of 2010 remaining unexpended on the effective |
26 | date of the General Appropriation Act of 2010 may be transferred |
27 | to the accounts of the agencies within sections 253, 254, 255, |
28 | 256, 257, 258, 259, 260, 261, 262, 263 and 264 upon the written |
29 | concurrence of all of the following: |
30 | (1) The President pro tempore of the Senate. |
|
1 | (2) The Majority Leader of the Senate. |
2 | (3) The Minority Leader of the Senate. |
3 | (4) The Speaker of the House of Representatives. |
4 | (5) The Majority Leader of the House of Representatives. |
5 | (6) The Minority Leader of the House of Representatives. |
6 | (b) Limitation.--The power to transfer appropriations under |
7 | subsection (a) shall be limited to the 2010-2011 fiscal year. |
8 | SUBARTICLE D |
9 | JUDICIAL DEPARTMENT |
10 | Section 1781-L. Supreme Court (Reserved). |
11 | Section 1782-L. Superior Court (Reserved). |
12 | Section 1783-L. Commonwealth Court (Reserved). |
13 | Section 1784-L. Courts of common pleas (Reserved). |
14 | Section 1785-L. Community courts; magisterial district judges |
15 | (Reserved). |
16 | Section 1786-L. Philadelphia Traffic Court (Reserved). |
17 | Section 1787-L. Philadelphia Municipal Court (Reserved). |
18 | Section 1788-L. Judicial Conduct Board (Reserved). |
19 | Section 1789-L. Court of Judicial Discipline (Reserved). |
20 | Section 1790-L. Juror cost reimbursement (Reserved). |
21 | Section 1791-L. County court reimbursement (Reserved). |
22 | Section 1792-L. Senior judges (Reserved). |
23 | Section 1793-L. Transfer of funds by Supreme Court (Reserved). |
24 | ARTICLE XVII-M |
25 | 2010-2011 RESTRICTIONS ON APPROPRIATIONS |
26 | FOR FUNDS AND ACCOUNTS |
27 | Section 1701-M. Applicability. |
28 | Except as specifically provided in this article, this article |
29 | applies to the General Appropriation Act of 2010 and all other |
30 | appropriation acts of 2010. |
|
1 | Section 1702-M. State Lottery Fund. |
2 | (1) Funds appropriated for PENNCARE shall not be |
3 | utilized for administrative costs by the Department of Aging. |
4 | (2) (Reserved). |
5 | Section 1703-M. Energy Conservation and Assistance Fund. |
6 | (Reserved). |
7 | Section 1704-M. Judicial Computer System Augmentation Account |
8 | (Reserved). |
9 | Section 1704.1-M. Access to Justice Account (Reserved). |
10 | Section 1705-M. Emergency Medical Services Operating Fund |
11 | (Reserved). |
12 | Section 1706-M. State Stores Fund (Reserved). |
13 | Section 1707-M. Motor License Fund. |
14 | A portion of the appropriation for the Office of the Budget |
15 | may be distributed upon approval of the secretary to other State |
16 | agencies to pay for comptroller services provided to the agency. |
17 | The secretary shall provide notice ten days prior to a |
18 | distribution under this section to the chairman and minority |
19 | chairman of the Appropriations Committee of the Senate and the |
20 | chairman and minority chairman of the Appropriations Committee |
21 | of the House of Representatives. |
22 | Section 1708-M. Hazardous Material Response Fund (Reserved). |
23 | Section 1709-M. Milk Marketing Fund (Reserved). |
24 | Section 1710-M. Home Investment Trust Fund (Reserved). |
25 | Section 1711-M. Tuition Payment Fund (Reserved). |
26 | Section 1712-M. Banking Department Fund (Reserved). |
27 | Section 1713-M. Firearm Records Check Fund (Reserved). |
28 | Section 1714-M. Ben Franklin Technology Development Authority |
29 | Fund (Reserved). |
30 | Section 1715-M. Tobacco Settlement Fund. |
|
1 | (a) Deposits.-- |
2 | (1) Notwithstanding sections 303(b)(2), (3) and (4) and |
3 | 306 of the act of June 26, 2001 (P.L.755, No.77), known as |
4 | the Tobacco Settlement Act, the following shall apply: |
5 | (i) For fiscal year 2010-2011, the strategic |
6 | contribution payments received in fiscal year 2009-2010, |
7 | pursuant to the Master Settlement Agreement shall be |
8 | deposited in the Tobacco Settlement Fund. |
9 | (ii) For fiscal year 2010-2011, $15,000,000 of the |
10 | funds derived under section 303(b)(3) of the Tobacco |
11 | Settlement Act shall be deposited into the Tobacco |
12 | Settlement Fund. |
13 | (iii) For fiscal year 2010-2011, 25% of the money |
14 | appropriated under section 306(b)(1)(iii) of the Tobacco |
15 | Settlement Act may not be expended, transferred or lapsed |
16 | but shall remain in the Tobacco Settlement Fund. |
17 | (iv) For fiscal year 2010-2011, 33.3% of the money |
18 | appropriated under section 306(b)(1)(vi) of the Tobacco |
19 | Settlement Act may not be expended, transferred or lapsed |
20 | but shall remain in the Tobacco Settlement Fund. |
21 | (2) Money deposited into the fund under paragraph (1) |
22 | shall be appropriated for health-related purposes. If |
23 | applicable, the amount appropriated in accordance with this |
24 | paragraph shall be matched by appropriated Federal augmenting |
25 | funds. |
26 | (b) Transfers.-- |
27 | (1) Notwithstanding sections 306 and 307 of the Tobacco |
28 | Settlement Act, the following shall apply. |
29 | (i) For fiscal year 2010-2011, 100% of the money |
30 | received in fiscal year 2009-2010 and appropriated under |
|
1 | section 306(b)(1)(i) of the Tobacco Settlement Act shall |
2 | be transferred from the Tobacco Endowment Account for |
3 | Long-Term Hope to the Tobacco Settlement Fund. |
4 | (ii) (Reserved). |
5 | (2) Money transferred under paragraph (1)(i) shall be |
6 | appropriated for health-related purposes. If applicable, the |
7 | amount appropriated in accordance with this paragraph shall |
8 | be matched by appropriated Federal augmenting funds. |
9 | (3) Notwithstanding any provisions of law to the |
10 | contrary, after all transfers required under paragraph (1)(i) |
11 | are made, $121,000,000 remaining in the Tobacco Endowment |
12 | Account for Long-Term Hope shall be transferred to a |
13 | restricted receipt account hereby created in the General Fund |
14 | and shall be used to augment the appropriation for payment of |
15 | required contribution for public school employees' |
16 | retirement. |
17 | (4) Notwithstanding the provisions of Chapter 3 of the |
18 | Tobacco Settlement Act, all remaining assets, cash and |
19 | investments in the Tobacco Endowment Account for Long-Term |
20 | Hope, after the transfer in paragraphs (1)(i) and (3) are |
21 | made, and any other funds deposited in the account in fiscal |
22 | year 2010-2011, shall be transferred by June 1, 2011, to the |
23 | Tobacco Settlement Fund. |
24 | (5) Notwithstanding the provisions of Chapter 3 of the |
25 | Tobacco Settlement Act, for fiscal year 2010-2011, |
26 | $250,000,000 shall be transferred from the Tobacco Settlement |
27 | Fund to the General Fund. |
28 | (c) Allocation.--Funding for local programs under section |
29 | 708(b) of the Tobacco Settlement Act shall be allocated as |
30 | follows: |
|
1 | (1) Thirty percent of grant funding to primary |
2 | contractors for local programs shall be allocated equally |
3 | among each of the 67 counties. |
4 | (2) The remaining 70% of grant funding to primary |
5 | contractors for local programs shall be allocated on a per |
6 | capita basis of each county with a population greater than |
7 | 60,000. The per capita formula shall be applied only to that |
8 | portion of the population that is greater than 60,000 for |
9 | each county. |
10 | (3) Budgets shall be developed by each primary |
11 | contractor to reflect service planning and expenditures in |
12 | each county. Each primary contractor will ensure that |
13 | services are available to residents of each county and must |
14 | expend the allocated funds on a per-county basis pursuant to |
15 | paragraphs (1) and (2). |
16 | (4) The Department of Health shall compile a detailed |
17 | annual report of expenditures per county and the specific |
18 | programs offered in each region. This report shall be made |
19 | available on the Department of Health's publicly available |
20 | Internet website 60 days following the close of each fiscal |
21 | year. |
22 | (5) During the third quarter of the fiscal year, funds |
23 | which have not been spent within a service area may be |
24 | reallocated to support programming in the same region. |
25 | (d) Use of money for lobbying prohibited.--No money derived |
26 | from an appropriation by the General Assembly from the Tobacco |
27 | Settlement Fund may be used for the lobbying of any State public |
28 | official. |
29 | Section 1716-M. Community Health Reinvestment Restricted |
30 | Account. |
|
1 | (a) Establishment.--There is established in the State |
2 | Treasury a restricted receipt account in the Tobacco Settlement |
3 | Fund to be known as the Community Health Reinvestment Restricted |
4 | Account. Interest earned on money in the account shall remain in |
5 | the account. |
6 | (b) Agreement on community health reinvestment.--Each |
7 | calendar year, a corporation under 40 Pa.C.S. Ch. 61 (relating |
8 | to hospital plan corporations) or 63 (relating to professional |
9 | health services plan corporations) that is a party to the |
10 | Agreement on Community Health Reinvestment entered into February |
11 | 2, 2005, by the Insurance Department and the Capital Blue Cross, |
12 | Highmark, Inc., Hospital Service Association of Northeastern |
13 | Pennsylvania and Independence Blue Cross, and published in the |
14 | Pennsylvania Bulletin at 35 Pa.B. 4155 (July 23, 2005), or any |
15 | subsequent agreement, shall pay to the account the amount |
16 | calculated for such calendar year in section 5 of the agreement, |
17 | published at 35 Pa.B. 4156. |
18 | (c) Appropriation.--The money in the account, including all |
19 | interest earned, is appropriated to the Insurance Department to |
20 | be used in accordance with the agreement on community health |
21 | reinvestment described in subsection (b). |
22 | Section 1717-M. Health Care Provider Retention Account. |
23 | (Reserved). |
24 | Section 1717.1-M. Medical Care Availability and Reduction of |
25 | Error Fund. (Reserved). |
26 | Section 1718-M. Budget Stabilization Reserve Fund. (Reserved). |
27 | Section 1718.1-M. (Reserved). |
28 | Section 1719-M. Restricted receipt accounts. |
29 | (a) General provisions.--The secretary may create restricted |
30 | receipt accounts for the purpose of administering Federal grants |
|
1 | only for the purposes designated in this section. |
2 | (b) Department of Community and Economic Development.--The |
3 | following restricted receipt accounts may be established for the |
4 | Department of Community and Economic Development: |
5 | (1) ARC Housing Revolving Loan Program. |
6 | (2) (Reserved). |
7 | (c) Department of Conservation and Natural Resources.--The |
8 | following restricted receipt accounts may be established for the |
9 | Department of Conservation and Natural Resources: |
10 | (1) Federal Aid to Volunteer Fire Companies. |
11 | (2) Federal Land and Water Conservation Fund Act. |
12 | (3) National Forest Reserve Allotment. |
13 | (4) Federal Land and Water Conservation Fund Act - |
14 | Conservation and Natural Resources. |
15 | (d) Department of Education.--The following restricted |
16 | receipt accounts may be established for the Department of |
17 | Education: |
18 | (1) Education of the Disabled - Part C. |
19 | (2) LSTA - Library Grants. |
20 | (3) The Pennsylvania State University Federal Aid. |
21 | (4) Emergency Immigration Education Assistance. |
22 | (5) Education of the Disabled - Part D. |
23 | (6) Homeless Adult Assistance Program. |
24 | (7) Severely Handicapped. |
25 | (8) Medical Assistance Reimbursements to Local Education |
26 | Agencies. |
27 | (e) Department of Environmental Protection.--The following |
28 | restricted receipt accounts may be established for the |
29 | Department of Environmental Protection: |
30 | (1) Federal Water Resources Planning Act. |
|
1 | (2) Flood Control Payments. |
2 | (3) Soil and Water Conservation Act - Inventory of |
3 | Programs. |
4 | (f) Department of Health.--The following restricted receipt |
5 | accounts may be established for the Department of Health: |
6 | (1) Share Loan Program. |
7 | (2) (Reserved). |
8 | (g) Department of Transportation.--The following restricted |
9 | receipt accounts may be established for the Department of |
10 | Transportation: |
11 | (1) Capital Assistance Elderly and Handicapped Programs. |
12 | (2) Railroad Rehabilitation and Improvement Assistance. |
13 | (3) Ridesharing/Van Pool Program - Acquisition. |
14 | (h) Pennsylvania Emergency Management Agency.--The following |
15 | restricted receipt accounts may be established for the |
16 | Pennsylvania Emergency Management Agency: |
17 | (1) Receipts from Federal Government - Disaster Relief - |
18 | Disaster Relief Assistance to State and Political |
19 | Subdivisions. |
20 | (2) (Reserved). |
21 | (i) Pennsylvania Historical and Museum Commission.--The |
22 | following restricted receipt accounts may be established for the |
23 | Pennsylvania Historical and Museum Commission: |
24 | (1) Federal Grant - National Historic Preservation Act. |
25 | (2) (Reserved). |
26 | (j) Executive Offices.--The following restricted receipt |
27 | accounts may be established for the Executive Offices: |
28 | (1) Retired Employees Medicare Part D. |
29 | (2) Justice Assistance. |
30 | (3) Juvenile Accountability Incentive. |
|
1 | Section 1720-M. State Gaming Fund (Reserved). |
2 | Section 1721-M. Pennsylvania Racehorse Development Fund |
3 | (Reserved). |
4 | Section 1722-M. Straw Purchase Prevention Education Fund |
5 | (Reserved). |
6 | Section 1723-M. Budget Stabilization Reserve Fund. |
7 | Notwithstanding the provisions of Subarticle A of Article |
8 | XVII-A, in fiscal year 2010-2011, $745,000 shall be transferred |
9 | from the Budget Stabilization Reserve Fund to the General Fund. |
10 | The provisions of section 1703-A shall not apply to this |
11 | section. |
12 | Section 1724-M. Emergency Medical Services Operating Fund. |
13 | Notwithstanding the provisions of 35 Pa.C.S. Ch. 81 (relating |
14 | to emergency medical services system) and 75 Pa.C.S. § 3121 |
15 | (relating to EMS costs), in fiscal year 2010-2011, $5,000,000 |
16 | shall be transferred from the Emergency Medical Services |
17 | Operating Fund to the General Fund. |
18 | Section 1725-M. Highway Beautification Fund. |
19 | Notwithstanding the act of December 15, 1971 (P.L.596, |
20 | No.160), known as the Outdoor Advertising Control Act of 1971, |
21 | for fiscal year 2010-2011, $800,000 shall be transferred from |
22 | the Highway Beautification Fund to the General Fund. |
23 | Section 1726-M. Keystone Recreation, Park and Conservation |
24 | Fund. |
25 | Notwithstanding any other provision of law to the contrary, |
26 | for fiscal year 2010-2011, the total amount of funding available |
27 | to the State System of Higher Education for deferred maintenance |
28 | under the act of July 2, 1993 (P.L.359, No.50), known as the |
29 | Keystone Recreation, Park and Conservation Fund Act, shall be |
30 | transferred from the Keystone Recreation, Park and Conservation |
|
1 | Fund to the General Fund. |
2 | Section 1727-M. Local Government Capital Project Fund. |
3 | Notwithstanding Article XVI-D, for fiscal year 2010-2011, |
4 | $1,000,000 shall be transferred from the Local Government |
5 | Capital Project Fund to the General Fund. |
6 | Section 1728-M. Low-Level Waste Fund. |
7 | Notwithstanding the act of February 9, 1988 (P.L.31, No.12), |
8 | known as the Low-Level Radioactive Waste Disposal Act, for |
9 | fiscal year 2010-2011, $2,700,000 shall be transferred from the |
10 | Low-Level Waste Fund to the General Fund. |
11 | Section 1729-M. Pennsylvania Economic Revitalization Fund. |
12 | Notwithstanding the act of July 2, 1984 (P.L.512, No.104), |
13 | known as the Pennsylvania Economic Revitalization Act, for |
14 | fiscal year 2010-2011, $5,400,000 shall be transferred from the |
15 | Pennsylvania Economic Revitalization Fund to the General Fund. |
16 | Moneys remaining in the fund shall be used to retire all of the |
17 | outstanding debt payable attributed to the fund. |
18 | Section 1730-M. Small Business First Fund. |
19 | Notwithstanding 12 Pa.C.S. Pt. III (relating to economic |
20 | development programs), for fiscal year 2010-2011, $4,000,000 |
21 | shall be transferred from the Small Business First Fund to the |
22 | General Fund. |
23 | ARTICLE XVII-N |
24 | RETIREMENT |
25 | Section 1701-N. Public School Employees' Retirement System |
26 | recertification to Secretary of the Budget. |
27 | Notwithstanding any other provisions of law to the contrary, |
28 | the Public School Employees' Retirement Board shall, effective |
29 | for the fiscal year beginning July 1, 2010, recertify to the |
30 | Secretary of the Budget and the employers, as defined in 24 |
|
1 | Pa.C.S. § 8102 (relating to definitions), within 20 days of the |
2 | effective date of this section, the employer contribution rate |
3 | expressed as a percentage of members' payroll necessary for the |
4 | funding of prospective annuities for active members and the |
5 | annuities of annuitants to be 5.00%, plus the premium assistance |
6 | contribution rate of .64% in accordance with 24 Pa.C.S. § |
7 | 8328(f) (relating to actuarial cost method), and also recertify |
8 | the rates, factors and amounts set forth in 24 Pa.C.S. § 8502(k) |
9 | (relating to administrative duties of board) to reflect the |
10 | impact of the recertified rates provided in this section. This |
11 | recertification shall supersede the prior certification for the |
12 | fiscal year beginning July 1, 2010, for all purposes. |
13 | Section 1702-N. State Employees' Retirement System. |
14 | Notwithstanding any provision of 71 Pa.C.S. (relating to |
15 | State government) or other law to the contrary, and |
16 | notwithstanding any actuarial calculation resulting in any |
17 | employer contribution rate previously made and certified by the |
18 | State Employees' Retirement Board pursuant to 71 Pa.C.S. for the |
19 | fiscal year beginning July 1, 2010, and ending June 30, 2011, |
20 | the composite employer contribution rate to determine |
21 | contributions by the Commonwealth and other employers to the |
22 | State Employees' Retirement System for the fiscal year beginning |
23 | July 1, 2010, and ending June 30, 2011, shall be 1% of |
24 | compensation greater than the composite employer contribution |
25 | rate for the immediately prior fiscal year. In addition to the |
26 | temporarily limited composite employer contribution rate |
27 | established by this section, the Commonwealth and other |
28 | employers whose employees are active members in the State |
29 | Employees' Retirement System shall make the contributions to |
30 | fund the Benefits Completion Plan established under 71 Pa.C.S. § |
|
1 | 5941 (relating to benefits completion plan) as certified by the |
2 | State Employees' Retirement Board. |
3 | Section 4. Intent regarding legislation. |
4 | (a) It is the intent of the House majority leadership and |
5 | Senate majority leadership to pass legislation that raises |
6 | revenue from the extraction of Marcellus Shale natural gas by |
7 | October 1, 2010, with an effective date for implementation no |
8 | later than January 1, 2011. It is the further intent to have |
9 | revenue raised from the extraction of Marcellus Shale natural |
10 | gas to be divided by a ratio to be determined by legislation |
11 | between the Commonwealth, counties and municipalities, and |
12 | environmental initiatives. |
13 | (b) It is the intent of the Senate majority leadership and |
14 | House majority leadership to pass legislation establishing a new |
15 | independent agency to be known as the Independent Fiscal Office |
16 | no later than October 1, 2010, with an effective date for |
17 | implementation no later than January 1, 2011. |
18 | (c) This section shall expire December 1, 2010. |
19 | Section 5. Repeals are as follows: |
20 | (1) The General Assembly declares that the repeal under |
21 | paragraph (2) is necessary to effectuate the addition of |
22 | section 1761-L of the act. |
23 | (2) Section 1909 of the act of , 2010 (P.L. , |
24 | No. ), known as the General Appropriation Act of 2010, is |
25 | repealed. |
26 | (3) The General Assembly declares that the repeal under |
27 | paragraph (4) is necessary to effectuate the addition of |
28 | section 1723-M of the act. |
29 | (4) Section 2912-F(c) of the act of March 4, 1971 |
30 | (P.L.6, No.2), known as the Tax Reform Code of 1971, is |
|
1 | repealed. |
2 | Section 6. If enacted after July 1, 2010, this act shall be |
3 | retroactive to July 1, 2010. |
4 | Section 7. This act shall take effect immediately. |
|