PRIOR PRINTER'S NO. 1896 PRINTER'S NO. 2408
No. 1539 Session of 2005
INTRODUCED BY NICKOL, CALTAGIRONE, CREIGHTON, DENLINGER, GEIST, GILLESPIE, HARRIS, JAMES, STERN, E. Z. TAYLOR AND THOMAS, MAY 9, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 30, 2005
AN ACT 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," further providing for reports to the Secretary 31 of Revenue; AND ESTABLISHING AND PROVIDING FOR APPROPRIATION <-- 32 TO THE EMERGENCY ENERGY ASSISTANCE FUND.
1 The General Assembly of the Commonwealth of Pennsylvania 2 hereby enacts as follows: 3 Section 1. Section 901 of the act of April 9, 1929 (P.L.343, 4 No.176), known as The Fiscal Code, amended December 2, 1976 5 (P.L.1274, No.283) and repealed in part April 28, 1978 (P.L.202, 6 No.53), is amended to read: 7 Section 901. Reports to the Secretary of Revenue.--On the 8 fifth day of each month, [and] or at such times and with such 9 frequency as may be prescribed by the Secretary of Revenue, it 10 shall be the duty of each judicial officer of a court not of 11 record, city officer and county officer to render to the 12 Department of Revenue, under oath or affirmation, returns of all 13 moneys or as much as may be prescribed by the Secretary of 14 Revenue, received during the applicable period for the use of 15 the Commonwealth, designating, under proper headings, the source 16 from which such moneys were received, and to pay the same into 17 the State Treasury, through the Department of Revenue, less any 18 compensation and reimbursement for expenses allowable by law for 19 having made the collections. 20 SECTION 2. ARTICLE XVII-A OF THE ACT IS AMENDED BY ADDING A <-- 21 SUBARTICLE TO READ: 22 SUBARTICLE D 23 EMERGENCY ENERGY ASSISTANCE FUND 24 SECTION 1731-A. ESTABLISHMENT OF EMERGENCY ENERGY ASSISTANCE 25 FUND 26 THERE IS ESTABLISHED A SPECIAL FUND TO BE KNOWN AS THE 27 EMERGENCY ENERGY ASSISTANCE FUND. 28 SECTION 1732-A. APPROPRIATION TO EMERGENCY ENERGY ASSISTANCE 29 FUND. 30 AN AMOUNT EQUAL TO 1.0 MILLS OF THE UTILITIES' GROSS RECEIPTS 20050H1539B2408 - 2 -
1 TAX COLLECTED DURING EACH FISCAL YEAR UNDER ARTICLE XI OF THE 2 ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE 3 OF 1971, SHALL BE APPROPRIATED ANNUALLY FROM THE GENERAL FUND TO 4 THE EMERGENCY ENERGY ASSISTANCE FUND, TO BE ADMINISTERED BY THE 5 DEPARTMENT OF PUBLIC WELFARE FOR STATE-FUNDED EMERGENCY ENERGY 6 ASSISTANCE IF THE GOVERNOR DECLARES THAT EITHER WEATHER 7 CONDITIONS, NATURAL OR MAN-MADE DISASTERS, OR HIGH ENERGY PRICES 8 OR A COMBINATION THEREOF ARE A THREAT TO PUBLIC HEALTH WITHIN 9 THIS COMMONWEALTH AND AVAILABLE FEDERAL HOME ENERGY ASSISTANCE 10 FUNDS ARE NOT SUFFICIENT TO MEET THIS NEED. THE GOVERNOR SHALL 11 PUBLISH THIS EMERGENCY DECLARATION IN THE PENNSYLVANIA BULLETIN 12 ALONG WITH THE CRITERIA AND EMERGENCY REGULATIONS FOR THIS 13 PROGRAM. 14 Section 2 3. This act shall take effect immediately. <-- C29L72JAM/20050H1539B2408 - 3 -