| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 2012, 2666, 2703 | PRINTER'S NO. 2782 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BELFANTI, GERGELY, GOODMAN, MENSCH, BRENNAN, SIPTROTH, HORNAMAN, CALTAGIRONE, PASHINSKI, DeLUCA, GEORGE, HALUSKA, GRUCELA, FRANKEL, MURPHY, KORTZ, FABRIZIO, CARROLL, K. SMITH, MAHONEY, MURT, MELIO AND YOUNGBLOOD, JUNE 5, 2009 |
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| SENATOR TOMLINSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, OCTOBER 8, 2009 |
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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 | <-- |
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1 | providing for the definition of "cigarettes"; providing for |
2 | the definition of "little cigars"; establishing the |
3 | independent fiscal office; further providing for notice and |
4 | publication of lists of property subject to custody and |
5 | control of the Commonwealth; providing for borrowing for |
6 | capital facilities and for oil and gas wells; further |
7 | providing for the State Workers' Insurance Board and for |
8 | sunset provisions relating to State Workers' Insurance Fund |
9 | investment authority; providing for Pennsylvania Gaming | <-- |
10 | Economic Development and Tourism Fund and for Water and Sewer |
11 | System Assistance Bond Fund; further providing for Department |
12 | of Corrections, for Department of Education, for Department |
13 | of Environmental Protection, for Pennsylvania State Police |
14 | and for Pennsylvania Emergency Management Agency; providing |
15 | for 2009-2010 budget implementation and for 2009-2010 |
16 | restrictions on appropriations for funds and accounts; |
17 | abolishing the Board of Trustees of the Scranton State School |
18 | for the Deaf; and making related repeals. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Sections 1731-A and 1732-A of the act of April 9, | <-- |
22 | 1929 (P.L.343, No.176), known as The Fiscal Code, added July 7, |
23 | 2005 (P.L.174, No.41), are reenacted and amended to read: |
24 | Section 1. The act of April 9, 1929 (P.L.343, No.176), known | <-- |
25 | as The Fiscal Code, is amended by adding a section to read: |
26 | Section 10. Method of Filing.--(a) The Department of |
27 | Revenue may require any return, report or other document |
28 | required to be filed for a tax administered by the department |
29 | prepared by a third party who submits fifty or more returns per |
30 | year to be filed by any method prescribed by the department |
31 | including by telephonic, electronic or other method. Notice of |
32 | the method of filing shall be published in the Pennsylvania |
33 | Bulletin and on the Department of Revenue's Internet website at |
34 | least sixty days prior to the due date of the return, report or |
35 | other document required to be filed by telephonic, electronic or |
36 | other method. The notice shall refer to this section. |
37 | (b) Failure to file a return, report or other document by |
38 | the method required under subsection (a) shall subject the tax |
39 | preparer to a penalty of one percent of the tax due on the |
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1 | return, report or other document up to a maximum of five hundred |
2 | dollars ($500), but not less than ten dollars ($10). This |
3 | penalty shall be assessed and collected in the manner provided |
4 | by the act of March 4, 1971 (P.L.6, No.2), known as the "Tax |
5 | Reform Code of 1971." This penalty shall be in addition to any |
6 | civil penalty imposed in the applicable article of the "Tax |
7 | Reform Code of 1971" for failure to file a return, report or |
8 | other document. The criminal penalty for failure to file a |
9 | return, report or other document by the method required under |
10 | subsection (a) shall be the same as the criminal penalty for |
11 | failure to file a return, report or other document under the |
12 | applicable article of the "Tax Reform Code of 1971." |
13 | (c) (1) The Department of Revenue may waive the requirement |
14 | to file by the method required under subsection (a) when the |
15 | department determines that any of the following apply: |
16 | (i) The prescribed filing method causes an undue hardship. |
17 | (ii) The preparer or taxpayer requests a waiver in writing |
18 | that clearly states why the filing method causes an undue |
19 | hardship. |
20 | (2) In determining whether filing by the method required |
21 | under subsection (a) causes an undue hardship, the Department of |
22 | Revenue may consider unusual circumstances that may prevent the |
23 | person from filing by the prescribed method or any other factor |
24 | that the department determines is relevant. |
25 | Section 1.1. The definition of "cigarettes" in section 202-A |
26 | of the act, added July 2, 1993 (P.L.250, No.46), is amended and |
27 | the section is amended by adding a definition to read: |
28 | Section 202-A. Definitions.--As used in this article-- |
29 | * * * |
30 | "Cigarettes" shall mean and include any roll for smoking made |
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1 | wholly or in part of tobacco, irrespective of size or shape, and |
2 | whether or not such tobacco is flavored, adulterated or mixed |
3 | with any other ingredient, the wrapper or cover of which is made |
4 | of paper or any other substance or material, excepting tobacco, |
5 | and shall not include cigars. For purposes of licensing under |
6 | this article only, the term shall include little cigars. |
7 | * * * |
8 | "Little cigars" shall mean any roll for smoking that weighs |
9 | not more than four pounds per thousand, where the wrapper or |
10 | cover is made of natural leaf tobacco or of any substance |
11 | containing tobacco. |
12 | * * * |
13 | Section 1.2. The act is amended by adding an article to |
14 | read: |
15 | ARTICLE V-A |
16 | INDEPENDENT FISCAL OFFICE |
17 | Section 501-A. Short title. |
18 | This article relates to independence in fiscal matters. |
19 | Section 502-A. Definitions. |
20 | The following words and phrases when used in this article |
21 | shall have the meanings given to them in this section unless the |
22 | context clearly indicates otherwise: |
23 | "Baseline budget." A draft budget using current dollar |
24 | values that projects current year levels of budget authority, |
25 | outlays and revenues and the deficit or surplus into the new |
26 | budget year and out years on the basis of current laws and |
27 | policies. |
28 | "Committee." The Independent Fiscal Office Selection |
29 | Committee. |
30 | "Commonwealth agency." Any office, department, authority, |
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1 | board, multistate agency or commission of the executive branch. |
2 | The term includes: |
3 | (1) The Office of the Governor. |
4 | (2) The Office of Attorney General, the Department of |
5 | the Auditor General and the Treasury Department. |
6 | (3) An independent agency, as defined in the act of |
7 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know |
8 | Law. |
9 | (4) A State-affiliated entity, as defined in the Right- |
10 | to-Know Law. |
11 | (5) The General Assembly. |
12 | (6) The Judiciary. |
13 | "Director." The director of the Independent Fiscal Office. |
14 | "Office." The Independent Fiscal Office established in |
15 | section 503-A. |
16 | Section 503-A. Office established. |
17 | There is established a nonpartisan Independent Fiscal Office |
18 | as an independent agency. |
19 | Section 504-A. Duties of office. |
20 | The office shall: |
21 | (1) Prepare revenue estimates to include Federal funds, |
22 | State revenues and funds from other resources, including any |
23 | projected revenue surplus or deficit for a given fiscal year, |
24 | as provided under section 505-A. |
25 | (2) By January 1, provide a baseline budget that |
26 | includes levels of spending necessary to retain the current |
27 | program and statutory requirements. |
28 | (3) Provide an analysis of the executive budget, |
29 | including budgetary projections, economic outlook, economic |
30 | impact and an analysis of all related tax and revenue |
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1 | proposals. The budget analysis may include performance |
2 | recommendations to secure greater efficiency and economy. |
3 | (4) Develop and use econometric models to annually |
4 | forecast State revenues and update the models. The office |
5 | shall make the equations of a model and any historic |
6 | databases related to the model available to the |
7 | Appropriations Committee of the Senate, the Appropriations |
8 | Committee of the House of Representatives, the Majority |
9 | Leader and Minority Leader of the Senate and the Majority |
10 | Leader and Minority Leader of the House of Representatives. |
11 | (5) By November 15 of each year, provide an assessment |
12 | of the State's current fiscal condition and a projection of |
13 | what the fiscal condition will be during the next five years. |
14 | The assessment shall take into account the state of the |
15 | economy, demographics, revenues and expenditures. |
16 | (6) Monitor State taxes and other receipts. |
17 | (7) Develop performance measures for executive-level |
18 | programs and departments and evaluate performance measures |
19 | and results as promulgated and reported by executive-level |
20 | departments. Performance measurements shall be outcomes-based |
21 | and include activity cost analysis, measures of status |
22 | improvement of recipient populations, economic outcomes and |
23 | performance benchmarks against similar State programs. |
24 | (8) Establish an Internet website. |
25 | Section 505-A. Revenue estimates. |
26 | (a) Initial revenue estimate.--By the second week of |
27 | February, the office shall submit to the General Assembly an |
28 | initial revenue estimate for the next fiscal year. |
29 | (b) Official revenue estimate.-- |
30 | (1) By June 15 of each year, the office shall submit to |
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1 | the General Assembly an official final binding revenue |
2 | estimate for the next fiscal year. If the General |
3 | Appropriation Act is not enacted by July 1, the office shall |
4 | prepare a revised revenue estimate by the 15th of each |
5 | succeeding month until such time as the General Appropriation |
6 | Act is enacted. The revised revenue estimate prepared |
7 | immediately preceding enactment shall be binding. |
8 | (2) The revenue estimate submitted under this section |
9 | shall establish the maximum amount of tax revenue which may |
10 | be considered for the General Appropriation Act for the |
11 | ensuing fiscal year. No changes in the revenue estimates |
12 | shall be made by the office after submission under paragraph |
13 | (1) unless significant changes in economic assumptions or |
14 | changes in statutes affecting revenues and receipts are |
15 | enacted. |
16 | (3) The office shall publish the methodology used to |
17 | develop revenue estimates. |
18 | (4) Following the adoption of a General Appropriation |
19 | Act or Supplemental Appropriation Act by the General |
20 | Assembly, the Governor shall certify that the budget |
21 | appropriations made by the General Assembly do not exceed the |
22 | actual and estimated revenue and surplus available according |
23 | to the official final binding revenue estimate under |
24 | paragraph (1). |
25 | (c) Information.--The office shall provide the |
26 | Appropriations Committee of the Senate, the Appropriations |
27 | Committee of the House of Representatives and the Secretary of |
28 | the Budget all data, assumptions and econometric models used to |
29 | develop projections and revenue estimates. |
30 | (d) Required information.-- |
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1 | (1) A revenue estimate submitted by the office under |
2 | this subsection shall include all of the following: |
3 | (i) An assessment of the Pennsylvania economy and |
4 | the national economy and the impact of the existing or |
5 | emerging State or national economic trends on revenue |
6 | performance for the current year and the forecasted or |
7 | projected revenue collections for the budget year and the |
8 | succeeding year. |
9 | (ii) A summary of current year-to-date revenue |
10 | collections by specific tax or revenue source, including |
11 | Federal funds, the General Fund, the Lottery Fund and the |
12 | Motor License Fund and a detailed explanation of any |
13 | negative or positive variation from the prior year's |
14 | official revenue estimate, including the reasons or |
15 | events contributing to the variation. |
16 | (iii) Any projected revenue surplus or deficit for |
17 | the current budget year. |
18 | (2) A revenue estimate shall be based on existing |
19 | statutes and tax policy and existing or emerging State or |
20 | national economic trends. |
21 | (3) The office shall prepare a revenue estimate of any |
22 | change in State tax law proposed as part of the annual State |
23 | budget. If the proposed change in State tax law will have a |
24 | fiscal impact in excess of $10,000,000 in any fiscal year, |
25 | the estimate shall be prepared on the basis of assumptions |
26 | that estimate the probable behavioral responses of taxpayers, |
27 | businesses and other persons to the proposed changes and |
28 | shall include a statement identifying those assumptions. |
29 | (e) Department of Revenue.--The Department of Revenue in |
30 | conjunction with the Secretary of the Budget shall make revenue |
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1 | estimates for the use of the Governor in preparing the budget. |
2 | Section 506-A. Budget information. |
3 | The office shall be notified and shall attend any briefings |
4 | provided by the Governor or the Secretary of the Budget under |
5 | section 619 of the act of April 9, 1929 (P.L.177, No.175), known |
6 | as The Administrative Code of 1929. |
7 | Section 507-A. Expenditures. |
8 | (a) Expenditure reports.--Commonwealth agencies shall make |
9 | monthly expenditure data available to the office. The data shall |
10 | be provided within seven days after the end of each month. The |
11 | monthly data shall include a summary of the last monthly |
12 | submission. The data shall be provided in finished reports or |
13 | electronically, as determined by the office. The data shall be |
14 | provided by fund, by appropriation, by department and by |
15 | organization within each department and shall include: |
16 | (1) Number of filled personnel positions and their cost. |
17 | (2) Itemized personnel vacancies and their cost. |
18 | (3) New positions created and their cost. |
19 | (4) Wage and overtime costs. |
20 | (5) Allotments and expenditures for itemized personnel |
21 | expenses. |
22 | (6) Allotments and expenditures for itemized operating |
23 | expenses. |
24 | (7) Allotment and expenditures for itemized fixed |
25 | assets. |
26 | (8) The rate of expenditures in appropriations for major |
27 | subsidy and grant programs during the month. |
28 | (b) Budget requests.--Commonwealth agencies shall submit |
29 | their agency budget requests to the office and the Office of the |
30 | Budget. The Commonwealth agency budget requests shall be |
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1 | submitted to both offices at the same time. |
2 | (c) Revenue reports.--The Governor shall make monthly |
3 | revenue reports to the office. The revenue reports shall show |
4 | the actual collection of revenue itemized by source and a |
5 | comparison of the actual collections with estimated collections |
6 | for each month. The comparison shall include an analysis of any |
7 | change in collection patterns which will cause a shortfall or |
8 | overrun on annual estimates of more than 1%. |
9 | (d) Other revenue data.--Commonwealth agencies shall cause |
10 | to be prepared any other revenue data as may be requested from |
11 | time to time by the office. |
12 | (e) Electronic access.--Except for information that is |
13 | confidential pursuant to statute, the office shall have access |
14 | to all information available under this section on inquiry-only |
15 | screens through an integrated central computer system. |
16 | Section 508-A. Revenue conference. |
17 | By January 31 of each year, the office shall convene a |
18 | meeting with the Secretary of the Budget and the chairman and |
19 | minority chairman of the Appropriations Committee of the Senate |
20 | and the chairman and minority chairman of the Appropriations |
21 | Committee of the House of Representatives to discuss the |
22 | following: |
23 | (1) An assessment of the Pennsylvania economy and the |
24 | national economy and the impact of the economic trends on |
25 | revenue performance for the budget year and the succeeding |
26 | year. |
27 | (2) Recommended changes to revenue forecasting and |
28 | econometric models being considered by the office. |
29 | (3) Current year-to-date revenue collections by specific |
30 | tax or revenue source, including Federal funds, the General |
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1 | Fund, the Lottery Fund and the Motor License Fund and |
2 | variations that may be occurring in the revenue estimate |
3 | submitted under section 505-A(a). |
4 | (4) Any statutory or tax policy changes that may be |
5 | recommended by the Governor or the General Assembly for the |
6 | next succeeding fiscal year. |
7 | Section 509-A. Access to information. |
8 | (a) Agencies.--The director is authorized to secure |
9 | information, data, expense information, estimates and statistics |
10 | directly from a Commonwealth agency or a political subdivision. |
11 | All Commonwealth agencies and political subdivisions shall |
12 | furnish the director with all reports of expenditure for each |
13 | agency and any other available material or data which the |
14 | director determines to be necessary in the performance of the |
15 | duties of the office, other than material the disclosure of |
16 | which would be a violation of law. The director is also |
17 | authorized, upon agreement with the head of any Commonwealth |
18 | agency or political subdivision, to utilize the services, |
19 | facilities and personnel of the agency with or without |
20 | reimbursement. |
21 | (b) Office of the Budget.--In carrying out the duties and |
22 | functions of the office, the director is authorized to obtain |
23 | information, data, estimates and statistics developed by the |
24 | Office of the Budget and all Commonwealth agencies. The Governor |
25 | shall submit to the office copies of final agency budget |
26 | requests. |
27 | (c) Computer database.--In order to carry out its duties |
28 | under this article, the office shall have access to the |
29 | computerized database of a State agency that is required to aid |
30 | the office in the performance of its duties under sections 504-A |
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1 | and 505-A, except that any statutory requirements regarding |
2 | privacy of individuals' records shall be observed in providing |
3 | access. |
4 | (d) Daily revenue data.-- |
5 | (1) The Secretary of Revenue and the Secretary of the |
6 | Budget shall post revenue collection data for each deposit |
7 | day and make the information available to the office and the |
8 | chairman and minority chairman of the Appropriations |
9 | Committee of the Senate and the chairman and minority |
10 | chairman of the Appropriations Committee of the House of |
11 | Representatives. |
12 | (2) The daily revenue data shall be presented in a |
13 | manner similar to and consistent with the daily revenue data |
14 | provided on June 30, 2007. In no case shall each deposit day |
15 | contain less information than was accessible during the |
16 | 2006-2007 fiscal year as a result of changes in reporting |
17 | procedures, accounting systems or computer systems. |
18 | (3) The Governor, the Attorney General, the Auditor |
19 | General and the State Treasurer shall cause to be prepared |
20 | any other revenue data as may be requested by the office. |
21 | (e) Civil action.--If information is not made available by a |
22 | Commonwealth agency or political subdivision within a reasonable |
23 | time, the director may make a written request to the agency |
24 | head, stating the authority to receive the information. The |
25 | agency head shall have ten days to respond. If the information |
26 | is not provided within ten days of the receipt of the agency |
27 | response, the director may bring a civil action to require the |
28 | agency head to provide the information. |
29 | Section 510-A. Selection and organization committee. |
30 | (a) Selection and organization committee.--There is |
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1 | established a committee to organize the office and select the |
2 | director of the office consisting of the following: |
3 | (1) The chairman and minority chairman of the |
4 | Appropriations Committee of the Senate and the chairman and |
5 | minority chairman of the Appropriations Committee of the |
6 | House of Representatives. |
7 | (2) The Majority Leader and the Minority Leader of the |
8 | Senate and the Majority Leader and the Minority Leader of the |
9 | House of Representatives. |
10 | (3) The President pro tempore of the Senate and the |
11 | Speaker of the House of Representatives. |
12 | (4) The Governor. |
13 | (b) Duties of committee.--The following shall apply: |
14 | (1) By August 31, 2010, the selection and organization |
15 | committee shall deliberate the following: |
16 | (i) The organizational structure of the office. |
17 | (ii) The procedures to be adopted to select the |
18 | director of the office. |
19 | (iii) The operational budget for the office. |
20 | (2) By October 31, 2010, the selection and organization |
21 | committee shall submit a report to the Secretary of the |
22 | Budget, the chairman and minority chairman of the |
23 | Appropriations Committee and the chairman and minority |
24 | chairman of the Finance Committee of the Senate and the |
25 | chairman and minority chairman of the Appropriations |
26 | Committee and the chairman and minority chairman of the |
27 | Finance Committee of the House of Representatives setting |
28 | forth a plan to establish the office, including an |
29 | operational budget, and to select the director of the office. |
30 | Section 511-A. Appointment. |
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1 | (a) Director.--The office shall be headed by a director |
2 | appointed by the selection committee under section 510-A. The |
3 | appointment shall be made without regard to political |
4 | affiliation and solely on the basis of fitness to perform the |
5 | duties of the office based on qualifications published by the |
6 | selection committee. |
7 | (b) Deputy director.--The director shall appoint a deputy |
8 | director who shall perform such duties as assigned by the |
9 | director and who shall during the absence or incapacity of the |
10 | director or a vacancy act as the director. |
11 | (c) Term.--The term of office of the director shall be six |
12 | years. An individual appointed as director to fill a vacancy |
13 | prior to the expiration of a term shall serve only for the |
14 | unexpired portion of that term. An individual serving as |
15 | director at the expiration of a term may continue to serve until |
16 | a successor is appointed. |
17 | (d) Removal.--The director may be removed by a concurrent |
18 | resolution passed by the Senate and the House of Representatives |
19 | and approval of the Governor. |
20 | Section 512-A. Powers and duties of director. |
21 | (a) Personnel.--The director shall appoint and fix the |
22 | compensation of personnel necessary to carry out the duties and |
23 | functions of the office. All personnel shall be appointed |
24 | without regard to political affiliation and solely on the basis |
25 | of their fitness to perform their duties. |
26 | (b) Experts and consultants.--In carrying out the duties and |
27 | functions of the office, the director may procure the temporary |
28 | or intermittent services of experts or consultants by contract. |
29 | Section 2. Section 1301.12(c) and (d) of the act, amended |
30 | June 29, 2002 (P.L.614, No.91), are amended to read: |
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1 | Section 1301.12. Notice and Publication of Lists of Property |
2 | Subject to Custody and Control of the Commonwealth under this |
3 | Article.--* * * |
4 | (c) The State Treasurer is not required to [publish in such |
5 | notice] include in such notice published in an English language |
6 | newspaper of general circulation any item of less than [one |
7 | hundred dollars ($100)] two hundred fifty dollars ($250) or to |
8 | include in such notice published in a legal newspaper any item |
9 | of less than two hundred fifty dollars ($250), unless the State |
10 | Treasurer, in either instance, deems such publication to be in |
11 | the public interest. |
12 | (d) Within nine (9) months from the receipt of the report |
13 | required by section 1301.11, the State Treasurer shall mail a |
14 | notice to each person having an address listed who appears to be |
15 | entitled to property of the value of [one hundred dollars |
16 | ($100)] two hundred fifty dollars ($250) or more subject to |
17 | custody and control of the Commonwealth under this article. The |
18 | mailed notice shall contain: |
19 | 1. A statement that, according to a report filed with the |
20 | State Treasurer, property is being held to which the addressee |
21 | appears entitled; |
22 | 2. The name and address of the holder of the property and |
23 | any necessary information regarding changes of name and address |
24 | of the holder; |
25 | 3. A statement that, if satisfactory proof of claim is not |
26 | presented by the owner to the holder by the date specified in |
27 | the published notice, claims should thereafter be filed with the |
28 | State Treasurer. |
29 | * * * |
30 | Section 3. The act is amended by adding articles to read: |
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1 | ARTICLE XVI-B |
2 | BORROWING FOR CAPITAL FACILITIES |
3 | Section 1601-B. Scope. |
4 | This article relates to neighborhood improvement zones. |
5 | Section 1602-B. 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 | "Capital Facilities Debt Enabling Act." The act of February |
10 | 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt |
11 | Enabling Act. |
12 | "City." A city of the third class with, on the effective |
13 | date of this section, a population of at least 106,000 and not |
14 | more than 107,000, based on the 2000 Federal decennial census. |
15 | "Contracting authority." An authority created under 53 |
16 | Pa.C.S. Ch. 56 (relating to municipal authorities) for the |
17 | purpose of designating a neighborhood improvement zone and |
18 | constructing a facility or other authority created under the |
19 | laws of this Commonwealth which is eligible to apply for and |
20 | receive redevelopment assistance capital grants under Chapter 3 |
21 | of the act of February 9, 1999 (P.L.1, No.1), known as the |
22 | Capital Facilities Debt Enabling Act, and which is under a |
23 | contract with the Office of the Budget to receive those grants. |
24 | "Facility." A stadium, arena or other structure owned or |
25 | leased by professional sports organization at which professional |
26 | athletic events are conducted in the presence of individuals who |
27 | pay admission to view the event constructed or operated by the |
28 | contracting authority. |
29 | "Facility complex." A development or complex of residential, |
30 | commercial, exhibition, hospitality, conference, retail and |
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1 | community uses which includes a stadium arena or other place |
2 | owned, leased or utilized by a professional sports organization |
3 | at which a professional athletic event or other events are |
4 | conducted in the presence of individuals who pay admission to |
5 | view the event. |
6 | "Fund." The Neighborhood Improvement Zone Fund established |
7 | under section 1604-B. |
8 | "Neighborhood improvement zone." A neighborhood improvement |
9 | zone designated by the contracting authority for the purposes of |
10 | neighborhood improvement and development within a city. |
11 | "Professional sports organization." A sole proprietorship, |
12 | corporation, limited liability company, partnership or |
13 | association that meets all of the following: |
14 | (1) Owns a professional sports franchise. |
15 | (2) Conducts professional athletic events of the sports |
16 | franchise at a facility. |
17 | "Qualified business." An entity authorized to conduct |
18 | business in this Commonwealth which is located or partially |
19 | located within a neighborhood improvement zone and is engaged in |
20 | the active conduct of a trade or business for the taxable year. |
21 | An agent, broker or representative of a business shall not be |
22 | considered to be in the active conduct of trade or business for |
23 | the business. |
24 | Section 1603-B. Facility. |
25 | The contracting authority may designate a neighborhood |
26 | improvement zone of not greater than 130 acres, in which a |
27 | facility or facility complex may be constructed, and may borrow |
28 | funds for the purpose of improvement and development within the |
29 | neighborhood improvement zone and construction of a facility or |
30 | facility complex within the zone. |
|
1 | Section 1604-B. Neighborhood Improvement Zone Fund. |
2 | (a) Special fund.--There is established a special fund known |
3 | as the Neighborhood Improvement Zone Fund. Interest income |
4 | derived from investment of the money in the fund shall be |
5 | credited by the Treasury Department to the fund. |
6 | (b) Calculation.--Within 60 days of the end of each quarter, |
7 | the Department of Revenue shall calculate the amounts under this |
8 | subsection for improvement and development in the neighborhood |
9 | improvement zone, the facility complex and the facility. The |
10 | contracting authority shall provide good faith estimates of |
11 | quarterly amounts to be calculated in a form and manner required |
12 | by the Department of Revenue. The Department of Revenue shall |
13 | estimate the quarterly amounts, subject to an annual |
14 | reconciliation, and shall certify the amounts to the Office of |
15 | the Budget within 90 days of the end of a fiscal quarter. An |
16 | entity collecting a local tax within the neighborhood |
17 | improvement zone shall, within 30 days of the end of a fiscal |
18 | quarter, submit all of the local taxes collected that are to be |
19 | calculated under this subsection to the State Treasurer for |
20 | transfer to the fund under subsection (d). The following shall |
21 | be the amounts calculated: |
22 | (1) An amount equal to all corporate net income tax, |
23 | capital stock and franchise tax, personal income tax, |
24 | business privilege tax, business privilege licensing fees and |
25 | earned income tax related to the ownership and operation of a |
26 | professional sports organization conducting professional |
27 | athletic events at the facility or facility complex. |
28 | (2) An amount equal to all of the following: |
29 | (i) All personal income tax, earned income tax and |
30 | local services tax withheld from its employees by a |
|
1 | professional sports organization conducting professional |
2 | athletic events at the facility or facility complex. |
3 | (ii) All personal income tax, earned income tax and |
4 | local services tax withheld from the employees of any |
5 | provider of events at or services to, or any operator of |
6 | an enterprise in, the facility or facility complex. |
7 | (iii) All personal income tax, earned income tax and |
8 | local services tax to which the Commonwealth would be |
9 | entitled from performers or other participants, including |
10 | visiting teams, at an event or activity at the facility |
11 | or facility complex. |
12 | (3) An amount equal to all sales and use tax related to |
13 | the operation of the professional sports organization and the |
14 | facility and enterprises developed as part of the facility |
15 | complex. This paragraph shall include sales and use tax paid |
16 | by any provider of events or activities at or services to the |
17 | facility or facility complex, including sales and use tax |
18 | paid by vendors and concessionaires and contractors at the |
19 | facility or facility complex. |
20 | (4) An amount equal to all tax paid to the Commonwealth |
21 | related to the sale of any liquor, wine or malt or brewed |
22 | beverage in the facility or facility complex. |
23 | (5) The amount paid by the professional sports |
24 | organization or by any provider of events or activities at or |
25 | services to the facility or facility complex of any new tax |
26 | enacted by the Commonwealth following the effective date of |
27 | this section. |
28 | (6) An amount equal to all personal income tax, earned |
29 | income tax and local services tax withheld from personnel by |
30 | the professional sports organization or by a contractor or |
|
1 | other entity involved in the construction of the facility or |
2 | facility complex. |
3 | (7) An amount equal to all sales and use tax paid on |
4 | materials and other construction costs, whether withheld or |
5 | paid by the professional sports organization or other entity, |
6 | directly related to the construction of the facility or |
7 | facility complex. |
8 | (8) An amount equal to all of the following: |
9 | (i) All corporate net income tax, capital stock and |
10 | franchise tax, personal income tax, business privilege |
11 | tax, business privilege licensing fees and earned income |
12 | tax related to the ownership and operation of any |
13 | qualified business within the neighborhood improvement |
14 | zone. |
15 | (ii) All personal income tax, earned income tax and |
16 | local services tax withheld from its employees by a |
17 | qualified business within the neighborhood improvement |
18 | zone. |
19 | (iii) All personal income tax, earned income tax and |
20 | local services tax withheld from the employees of a |
21 | qualified business that provides events, activities or |
22 | services in the neighborhood improvement zone. |
23 | (iv) All personal income tax, earned income tax and |
24 | local services tax to which the Commonwealth would be |
25 | entitled from performers or other participants at an |
26 | event or activity in the neighborhood improvement zone. |
27 | (v) All sales and use tax related to the operation |
28 | of a qualified business within the neighborhood |
29 | improvement zone. This subparagraph shall include sales |
30 | and use tax paid by a qualified business that provides |
|
1 | events, activities or services in the neighborhood |
2 | improvement zone. |
3 | (vi) All tax paid by a qualified business to the |
4 | Commonwealth related to the sale of any liquor, wine or |
5 | malt or brewed beverage within the neighborhood |
6 | improvement zone. |
7 | (vii) The amount paid a qualified business within |
8 | the neighborhood improvement zone of any new tax enacted |
9 | by the Commonwealth following the effective date of this |
10 | section. |
11 | (viii) All personal income tax, earned income tax |
12 | and local services tax withheld from personnel by a |
13 | qualified business involved in the improvement, |
14 | development or construction of the neighborhood |
15 | improvement zone. |
16 | (ix) All sales and use tax paid on materials and |
17 | other construction costs, whether withheld or paid by the |
18 | professional sports organization or other qualified |
19 | business, directly related to the improvement, |
20 | development or construction of the neighborhood |
21 | improvement zone. |
22 | (x) An amount equal to any amusement tax paid by a |
23 | qualified business operating in the neighborhood |
24 | improvement zone. No political subdivision or other |
25 | entity authorized to collect amusement taxes may impose |
26 | or increase the rate of any tax on admissions to places |
27 | of entertainment, exhibition, amusement or upon athletic |
28 | events in the neighborhood improvement zone which are not |
29 | in effect on the date the neighborhood improvement zone |
30 | is designated by the contracting authority. |
|
1 | (9) Except for a tax levied against real property, an |
2 | amount equal to any tax imposed by the Commonwealth or any of |
3 | its political subdivisions on a qualified business engaged in |
4 | an activity within the neighborhood improvement zone. |
5 | (c) Income apportionment.--For the purpose of making the |
6 | calculations under subsection (b), the taxable income of a |
7 | corporation that is a qualified business shall be apportioned to |
8 | the neighborhood improvement zone by multiplying the |
9 | Pennsylvania taxable income by a fraction, the numerator of |
10 | which is the property factor plus the payroll factor plus the |
11 | sales factor and the denominator of which is three, in |
12 | accordance with the following: |
13 | (1) The property factor is a fraction, the numerator of |
14 | which is the average value of the taxpayer's real and |
15 | tangible personal property owned or rented and used in the |
16 | neighborhood improvement zone during the tax period and the |
17 | denominator of which is the average value of all the |
18 | taxpayer's real and tangible personal property owned or |
19 | rented and used in this Commonwealth during the tax period |
20 | but shall not include the security interest of any |
21 | corporation as seller or lessor in personal property sold or |
22 | leased under a conditional sale, bailment lease, chattel |
23 | mortgage or other contract providing for the retention of a |
24 | lien or title as security for the sales price of the |
25 | property. |
26 | (2) The following apply: |
27 | (i) The payroll factor is a fraction, the numerator |
28 | of which is the total amount paid in the neighborhood |
29 | improvement zone during the tax period by the taxpayer |
30 | for compensation and the denominator of which is the |
|
1 | total compensation paid in this Commonwealth during the |
2 | tax period. |
3 | (ii) Compensation is paid in the neighborhood |
4 | improvement zone if: |
5 | (A) the person's service is performed entirely |
6 | within the neighborhood improvement zone; |
7 | (B) the person's service is performed both |
8 | within and without the neighborhood improvement zone, |
9 | but the service performed without the neighborhood |
10 | improvement zone is incidental to the person's |
11 | service within the neighborhood improvement zone; or |
12 | (C) some of the service is performed in the |
13 | neighborhood improvement zone and the base of |
14 | operations or, if there is no base of operations, the |
15 | place from which the service is directed or |
16 | controlled is in the neighborhood improvement zone, |
17 | or the base of operations or the place from which the |
18 | service is directed or controlled is not in any |
19 | location in which some part of the service is |
20 | performed, but the person's residence is in the |
21 | neighborhood improvement zone. |
22 | (3) The sales factor is a fraction, the numerator of |
23 | which is the total sales of the taxpayer in the neighborhood |
24 | improvement zone during the tax period and the denominator of |
25 | which is the total sales of the taxpayer in this Commonwealth |
26 | during the tax period. |
27 | (i) Sales of tangible personal property are in the |
28 | neighborhood improvement zone if the property is |
29 | delivered or shipped to a purchaser that takes possession |
30 | within the neighborhood improvement zone regardless of |
|
1 | the F.O.B. point or other conditions of the sale. |
2 | (ii) Sales other than sales of tangible personal |
3 | property are in the neighborhood improvement zone if: |
4 | (A) the income-producing activity is performed |
5 | in the neighborhood improvement zone; or |
6 | (B) the income-producing activity is performed |
7 | both within and without the neighborhood improvement |
8 | zone and a greater proportion of the income-producing |
9 | activity is performed in the neighborhood improvement |
10 | zone than in any other location, based on costs of |
11 | performance. |
12 | (d) Transfers.-- |
13 | (1) Within ten days of receiving notification under |
14 | subsection (b), the Secretary of the Budget shall direct the |
15 | State Treasurer to, notwithstanding any other law, transfer |
16 | the amounts calculated under subsection (b) from the General |
17 | Fund to the fund. |
18 | (2) The State Treasurer shall provide quarterly payments |
19 | to the contracting authority until the bonds issued to |
20 | finance the improvement and development of the neighborhood |
21 | improvement zone and the construction of the contracted |
22 | facility or facility complex are retired. The payment in each |
23 | quarter shall be equal to the balance of the fund on the last |
24 | day of the prior calendar quarter. |
25 | (e) Restriction on use of funds.--Funds transferred under |
26 | subsection (d): |
27 | (1) May only be utilized for payment of debt service on |
28 | bonds issued for the improvement and development of all or |
29 | any part of the neighborhood improvement zone and the purpose |
30 | of constructing a facility or facility complex. |
|
1 | (2) May not be utilized for purposes of renovating or |
2 | repairing a facility or facility complex, except for capital |
3 | maintenance and improvement projects. |
4 | (f) Ticket surcharge.--The entity operating the facility may |
5 | collect a capital repair and improvement ticket surcharge, the |
6 | proceeds of which shall be deposited into the fund. The funds |
7 | shall be maintained and utilized as follows: |
8 | (1) The money deposited under this subsection may not be |
9 | encumbered for any reason and shall be transferred to the |
10 | entity for capital repair and improvement projects upon |
11 | request from the entity. |
12 | (2) Upon the expiration of the neighborhood improvement |
13 | zone under section 1606-B, any and all portions of the fund |
14 | attributable to the ticket surcharge shall be immediately |
15 | transferred to the contracting authority to be held in escrow |
16 | where they shall be unencumbered and maintained by the |
17 | contracting authority in the same manner as the fund. Upon |
18 | the transfer, any ticket surcharge collected by the operating |
19 | entity shall thereafter be deposited in the account |
20 | maintained by the contracting authority and dispersed for a |
21 | capital repair and improvement project upon request by the |
22 | operating entity. |
23 | Section 1605-B. Keystone Opportunity Zone. |
24 | Within 30 days of the effective date of this section, the |
25 | city shall apply to the department to decertify and remove the |
26 | designation of all or part of the Keystone Opportunity Zone in |
27 | accordance with section 309 of the act of October 6, 1998 |
28 | (P.L.705, No.92), known as the Keystone Opportunity Zone, |
29 | Keystone Opportunity Expansion Zone and Keystone Opportunity |
30 | Improvement Zone Act. The department shall act on the |
|
1 | application within 30 days. |
2 | Section 1606-B. Duration. |
3 | The neighborhood improvement zone shall be in effect for a |
4 | period equal to the length of time of the bonds that are |
5 | initially issued. |
6 | ARTICLE XVI-E |
7 | OIL AND GAS WELLS |
8 | SUBARTICLE A |
9 | PRELIMINARY PROVISIONS |
10 | Section 1601-E. Definitions. |
11 | The following words and phrases when used in this article |
12 | shall have the meanings given to them in this subarticle unless |
13 | the context clearly indicates otherwise: |
14 | "Department." The Department of Conservation and Natural |
15 | Resources. |
16 | "Fund." The Oil and Gas Lease Fund established under the act |
17 | of December 15, 1955 (P.L.865, No.256), entitled, "An act |
18 | requiring rents and royalties from oil and gas leases of |
19 | Commonwealth land to be placed in a special fund to be used for |
20 | conservation, recreation, dams, and flood control; authorizing |
21 | the Secretary of Forests and Waters to determine the need for |
22 | and location of such projects and to acquire the necessary |
23 | land." |
24 | "Marcellus well." An active production well certified by the |
25 | Department of Environmental Protection as a well from which gas |
26 | from the Marcellus Shale formation as determined by the United |
27 | States Geological Survey was extracted during the fiscal year, |
28 | including wells on Commonwealth and non-Commonwealth land. |
29 | Section 1602-E. Appropriation. |
30 | Notwithstanding any other provision of law and except as |
|
1 | provided in section 1603-E, no money in the fund from royalties |
2 | may be expended unless appropriated by the General Assembly. In |
3 | making appropriations, the General Assembly shall consider the |
4 | adoption of an allocation to municipalities impacted by a |
5 | Marcellus well. |
6 | Section 1603-E. Department of Conservation and Natural |
7 | Resources. |
8 | Subject to the availability of money in the fund, up to |
9 | $50,000,000 from the fund from royalties shall be appropriated |
10 | annually to the department to carry out the purposes set forth |
11 | in the act of December 15, 1955 (P.L.865, No.256), entitled "An |
12 | act requiring rents and royalties from oil and gas leases of |
13 | Commonwealth land to be placed in a special fund to be used for |
14 | conservation, recreation, dams, and flood control; authorizing |
15 | the Secretary of Forests and Waters to determine the need for |
16 | and location of such projects and to acquire the necessary |
17 | land." The department shall give preference to the operation and |
18 | maintenance of State parks and forests. |
19 | Section 1604-E. Transfer. |
20 | Notwithstanding section 1603-E or any other provision of law, |
21 | in fiscal year 2009-2010 the amount of $60,000,000 shall be |
22 | transferred from the fund to the General Fund. |
23 | Section 3.1. Sections 1731-A and 1732-A of the act, added |
24 | July 7, 2005 (P.L.174, No.41), are reenacted and amended to |
25 | read: |
26 | Section 1731-A. State Workers' Insurance Board. |
27 | Notwithstanding any inconsistent provisions of section 1512 |
28 | of the act of June 2, 1915 (P.L.736, No.338), known as the |
29 | Workers' Compensation Act, section 504 of the act of November |
30 | 30, 1965 (P.L.847, No.356), known as the Banking Code of 1965, |
|
1 | section 922 of the act of December 14, 1967 (P.L.746, No.345), |
2 | known as the Savings Association Code of 1967, and any other law |
3 | of this Commonwealth, the power of the State Workers' Insurance |
4 | Board to invest money shall include the power to hold, purchase, |
5 | sell, assign, transfer and dispose of securities, including |
6 | common stock with the following restrictions: |
7 | (1) Investments in equities may not exceed the lesser |
8 | of: |
9 | (i) 20% of the State Workers' Insurance Fund's |
10 | assets; or |
11 | (ii) the State Workers' Insurance Fund's statutory |
12 | surplus after discount, except that in the event that the |
13 | statutory surplus is less than 7 1/2% of the book value |
14 | of the assets of the State Workers' Insurance Fund, the |
15 | investment in equities may not exceed the percentage set |
16 | forth in the provisions applicable to savings banks in |
17 | section 504 of the Banking Code of 1965. |
18 | (1.1) Investments in equities shall be made subject to |
19 | the prudent man rule of section 504(c) of the Banking Code of |
20 | 1965. |
21 | (2) The State Workers' Insurance Board shall establish a |
22 | policy for investments and shall meet at least annually to |
23 | develop a schedule for rebalancing its investments in |
24 | securities to meet the restriction of paragraph (1). |
25 | Section 1732-A. Expiration. |
26 | This subarticle shall expire June 30, [2009] 2014 2010. | <-- |
27 | Section 2. The reenactment and amendment of sections 1731-A | <-- |
28 | and 1732-A shall apply retroactively to June 30, 2009. |
29 | Section 3. This act shall take effect immediately. |
30 | Section 3.2. Article XVII-A of the act is amended by adding | <-- |
|
1 | subarticles to read: |
2 | SUBARTICLE H |
3 | PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT |
4 | AND TOURISM FUND |
5 | Section 1771-A. Definitions. |
6 | The following words and phrases when used in this subarticle |
7 | shall have the meanings given to them in this section unless the |
8 | context clearly indicates otherwise: |
9 | "Affiliated entity." Any of the following: |
10 | (1) A subsidiary or holding company of a lobbying firm |
11 | or other business entity owned in whole or in part by a |
12 | lobbying firm. |
13 | (2) An organization recognized by the Internal Revenue |
14 | Service as a tax-exempt organization under section 501(c) of |
15 | the Internal Revenue Code of 1986 (Public Law 99-514, 26 |
16 | U.S.C. § 501(c)) established by a lobbyist or lobbying firm |
17 | or an affiliated entity. |
18 | "Authority." The Commonwealth Financing Authority. |
19 | "Eligible applicant." As defined in the H2O PA Act. |
20 | "H2O PA Act." The act of July 9, 2008 (P.L.908, No.63), |
21 | known as the H2O PA Act. |
22 | "High hazard unsafe dam." As defined in the H2O PA Act. |
23 | "Lobbying." The term shall have the meaning given to it in |
24 | 65 Pa.C.S. § 13A03 (relating to definitions). The term shall |
25 | also include an effort to influence the action of the authority |
26 | or the Department of Community and Economic Development relating |
27 | to the approval, award, receipt or denial of a grant under the |
28 | H2O PA Act. |
29 | "Project." As defined in the H2O PA Act. |
30 | Section 1772-A. Certification of funds. |
|
1 | On or before January 1 of each year, the Secretary of the |
2 | Budget shall certify to the authority and the State Treasurer |
3 | the amount of funds available for transfer from the Gaming |
4 | Economic Development and Tourism Fund under the provisions of |
5 | section 301 of the H2O PA Act, for the next fiscal year. |
6 | Section 1773-A. Request for appropriation. |
7 | If inadequate funds are available to the authority to pay all |
8 | the costs related to indebtedness incurred to fund projects |
9 | under the H2O PA Act after the transfer of funds from the Gaming |
10 | Economic Development and Tourism Fund under section 301 of the |
11 | H2O PA Act, the Secretary of the Budget on behalf of the |
12 | authority shall seek an appropriation from the General Fund to |
13 | fully pay the costs. |
14 | Section 1774-A. Amount of grants. |
15 | Notwithstanding the provisions of section 501(d) of the H2O |
16 | PA Act, grants shall be made as follows: |
17 | (1) A minimum of $85,000,000 shall be awarded to flood |
18 | control projects. |
19 | (2) A minimum of $50,000,000 shall be awarded to high- |
20 | hazard unsafe dam projects. No more than $20,000,000 may go |
21 | to an eligible applicant that is the Commonwealth or an |
22 | independent agency. |
23 | Section 1775-A. Eligible applicants. |
24 | Notwithstanding any other provision of the H2O PA Act to the |
25 | contrary, a not-for-profit organization that owns a high-hazard |
26 | unsafe dam and has filed with the authority an application for a |
27 | grant under section 502(a)(3) of the H2O PA Act prior to the |
28 | effective date of this section shall be an eligible applicant |
29 | for a grant under section 502(a)(3) of the H2O PA Act. |
30 | Section 1776-A. Prohibited activities. |
|
1 | (a) Limitation on giving compensation.--A person or its |
2 | affiliated entity may not compensate or incur an obligation to |
3 | compensate a person to engage in lobbying for compensation |
4 | contingent in whole or in part upon the approval, award, receipt |
5 | or denial of a grant under Chapters 1 through 7 of the H2O PA |
6 | Act. |
7 | (b) Limitation on receiving compensation.--A person or its |
8 | affiliated entity may not engage in or agree to engage in |
9 | lobbying for compensation contingent in whole or in part upon |
10 | the approval, award, receipt or denial of any grant under |
11 | Chapters 1 through 7 of the H2O PA Act. |
12 | (c) Inapplicability.--The provisions of this section shall |
13 | not apply to an eligible applicant that compensates a person to |
14 | prepare or assist in the preparation of a grant application and |
15 | related materials for submission to the authority under the H2O |
16 | PA Act if the following requirements are met: |
17 | (1) The person is not identified in the submitted |
18 | application. |
19 | (2) The person has no direct contact with the authority, |
20 | unless the person is responding to requests for additional |
21 | information or clarification. |
22 | (3) The person is paid a fixed fee for the preparation |
23 | or assistance or a percentage of the amount of any grant |
24 | approved, awarded or received of up to .5%. |
25 | (d) Violation.--A violation of this section shall be |
26 | considered an intentional violation of 65 Pa.C.S. § 13A09(e) |
27 | (relating to penalties). |
28 | SUBARTICLE I |
29 | WATER AND SEWER SYSTEMS |
30 | ASSISTANCE BOND FUND |
|
1 | Section 1781-A. Definitions. |
2 | The following words and phrases when used in this subarticle |
3 | shall have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | "Assistance Act." The act of July 9, 2008 (P.L.915, No.64), |
6 | known as the Water and Sewer Systems Assistance Act. |
7 | "Fund." The Water and Sewer Systems Assistance Bond Fund. |
8 | "Issuing officials." The Governor, the Auditor General and |
9 | the State Treasurer. |
10 | "Nutrient credit." As defined in the Assistance Act. |
11 | "Project." As defined in the Assistance Act. |
12 | "Municipality." As defined in the Assistance Act. |
13 | Section 1782-A. Water and Sewer Systems Assistance Bond Fund. |
14 | (a) Establishment.--The Water and Sewer Systems Assistance |
15 | Bond Fund, which is created in the State Treasury, shall be the |
16 | source from which all payments are authorized, with the approval |
17 | of the Governor, to carry out the purposes of this section and |
18 | as otherwise provided for in the Assistance Act. |
19 | (b) Purpose of fund.--The money in the fund shall only be |
20 | utilized in accordance with the provisions of the Assistance Act |
21 | for grants and loans to municipalities, public utilities and |
22 | other entities implementing eligible projects and for the |
23 | purchase or trading of nutrient credits. |
24 | (c) Exemption.--Money in the fund is exempt and not to be |
25 | considered under the limitations of section 5(c)(2) of the act |
26 | of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania |
27 | Infrastructure Investment Authority Act. |
28 | Section 1783-A. Commonwealth indebtedness. |
29 | (a) Borrowing authorized.-- |
30 | (1) If the electorate approves a referendum question, in |
|
1 | accordance with the provisions of the Assistance Act, for |
2 | incurring indebtedness in the amount and for the purposes |
3 | prescribed in the Assistance Act and this article, the |
4 | issuing officials, pursuant to the provisions of section 7(a) |
5 | (3) of Article VIII of the Constitution of Pennsylvania, are |
6 | authorized and directed to borrow, on the credit of the |
7 | Commonwealth, money not exceeding in the aggregate the sum of |
8 | $400,000,000, in increments of not more than $150,000,000 |
9 | every year over a three-year period after the effective date |
10 | of this section, not including money borrowed to refund |
11 | outstanding bonds, notes or replacement notes, as may be |
12 | found necessary to carry out the purposes of the Assistance |
13 | Act. |
14 | (2) As evidence of the indebtedness, general obligation |
15 | bonds of the Commonwealth shall be issued to provide money |
16 | necessary to carry out the purposes of the Assistance Act for |
17 | the total amounts, in the form, in the denominations and |
18 | subject to the terms and conditions of issue, redemption and |
19 | maturity, rate of interest and time of payment of interest, |
20 | as the issuing officials direct, except that the latest |
21 | stated maturity date shall not exceed 20 years from the date |
22 | of the first obligation issued to evidence the debt. |
23 | (3) All bonds and notes issued under the authority of |
24 | the Assistance Act must bear facsimile signatures of the |
25 | issuing officials and a facsimile of the Great Seal of the |
26 | Commonwealth and must be countersigned by an authorized |
27 | officer of an authorized loan and transfer agent of the |
28 | Commonwealth. |
29 | (4) All bonds and notes issued in accordance with the |
30 | provisions of this section shall be direct obligations of the |
|
1 | Commonwealth, and the full faith and credit of the |
2 | Commonwealth is pledged for the payment of the interest on |
3 | them, as it becomes due, and for the payment of the principal |
4 | at maturity. The principal of and interest on the bonds and |
5 | notes shall be payable in lawful money of the United States. |
6 | (5) All bonds and notes issued under the provisions of |
7 | this section shall be exempt from taxation for State and |
8 | local purposes. |
9 | (6) The bonds may be issued as coupon bonds or |
10 | registered as to both principal and interest as the issuing |
11 | officials determine. If interest coupons are attached, they |
12 | shall contain the facsimile signature of the State Treasurer. |
13 | (7) The issuing officials shall provide for amortization |
14 | of the bonds in substantial and regular amounts over the term |
15 | of the debt so that the bonds of each issue allocated to the |
16 | project to be funded from the bond issue shall mature within |
17 | a period not to exceed the appropriate amortization period |
18 | for each project as specified by the issuing officials, but |
19 | in no case in excess of 20 years. The first retirement of |
20 | principal shall be stated to mature prior to the expiration |
21 | of a period of time equal to one-tenth of the time from the |
22 | date of the first obligation issued to evidence the debt to |
23 | the date of the expiration of the term of the debt. |
24 | Retirements of principal shall be regular and substantial if |
25 | made in annual or semiannual amounts, whether by stated |
26 | serial maturities or by mandatory sinking fund retirements. |
27 | (8) The issuing officials are authorized to provide by |
28 | resolution for the issuance of refunding bonds for the |
29 | purpose of refunding any debt issued under the provisions of |
30 | the Assistance Act and this article and outstanding, either |
|
1 | by voluntary exchange with the holders of the outstanding |
2 | debt or by providing funds to redeem and retire the |
3 | outstanding debt with accrued interest, any premium payable |
4 | on the debt and the costs of issuance and retirement of the |
5 | debt, at maturity or at any call date. The issuance of the |
6 | refunding bonds, the maturities and other details of the |
7 | refunding bonds, the rights of the holders of the refunding |
8 | bonds and the duties of the issuing official in respect to |
9 | the refunding bonds shall be governed by the applicable |
10 | provisions of this section. Refunding bonds, which are not |
11 | subject to the aggregate limitation of $400,000,000 of debt |
12 | to be issued under the Assistance Act, may be issued by the |
13 | issuing officials to refund debt originally issued or to |
14 | refund bonds previously issued for refunding purposes. |
15 | (9) If action is to be taken or decision made by the |
16 | issuing officials and the issuing officials are not able |
17 | unanimously to agree, the action or decision of the Governor |
18 | and either the Auditor General or the State Treasurer shall |
19 | be binding and final. |
20 | (b) Sale of bonds.-- |
21 | (1) When bonds are issued, they shall be offered for |
22 | sale at not less than 98% of the principal amount and accrued |
23 | interest and shall be sold by the issuing officials to the |
24 | highest and best bidder or bidders after due public |
25 | advertisement on the terms and conditions and upon open |
26 | competitive bidding as the issuing officials direct. The |
27 | manner and character of the advertisement and the time of |
28 | advertising shall be prescribed by the issuing officials. No |
29 | commission shall be allowed or paid for the sale of any bonds |
30 | issued under the authority of the Assistance Act and this |
|
1 | article. |
2 | (2) Any portion of any bond issue so offered and not |
3 | sold or subscribed for at public sale may be disposed of by |
4 | private sale by the issuing officials in the manner and at |
5 | prices, not less than 98% of the principal amount and accrued |
6 | interest, as the Governor directs. No commission shall be |
7 | allowed or paid for the sale of any bonds issued under the |
8 | authority of the Assistance Act. |
9 | (3) When bonds are issued, the bonds of each issue shall |
10 | constitute a separate series to be designated by the issuing |
11 | officials or may be combined for sale as one series with |
12 | other general obligation bonds of the Commonwealth. |
13 | (4) Until permanent bonds can be prepared, the issuing |
14 | officials may issue, in lieu of permanent bonds, temporary |
15 | bonds in the form and with the privileges as to registration |
16 | and exchange for permanent bonds as determined by the issuing |
17 | officials. |
18 | (5) The proceeds realized from the sale of bonds and |
19 | notes, except refunding bonds and replacement notes, under |
20 | the provisions of the Assistance Act and this article shall |
21 | be paid into the fund. The proceeds shall be paid by the |
22 | State Treasurer periodically to those Commonwealth officers |
23 | and Commonwealth agencies authorized to expend them at the |
24 | times and in the amounts necessary to satisfy the funding |
25 | needs of those Commonwealth agencies. The proceeds of the |
26 | sale of refunding bonds and replacement notes shall be paid |
27 | to the State Treasurer and applied to the payment of |
28 | principal, any accrued interest and premium and the cost of |
29 | redemption of the bonds and notes for which the obligations |
30 | shall have been issued. |
|
1 | (6) Pending application for the purposes authorized, |
2 | money held or deposited by the State Treasurer may be |
3 | invested or reinvested as are other funds in the custody of |
4 | the State Treasurer in the manner provided by law. All |
5 | earnings received from the investment or deposit of the funds |
6 | shall be paid into the State Treasury to the credit of the |
7 | fund. The earnings in excess of bond discounts allowed, |
8 | expenses paid for the issuance of bonds and notes and |
9 | interest arbitrage rebates due to the Federal Government |
10 | shall be transferred annually to the fund. Any interest or |
11 | investment income shall be applied to assist in the payment |
12 | of the debt service incurred in connection with the |
13 | Assistance Act and this article. |
14 | (7) The Auditor General shall prepare the necessary |
15 | registry book to be kept in the office of the authorized loan |
16 | and transfer agent of the Commonwealth for the registration |
17 | of any bonds, at the request of owners of the bonds, |
18 | according to the terms and conditions of issue directed by |
19 | the issuing officials. |
20 | (8) There is appropriated to the State Treasurer from |
21 | the fund as much money as may be necessary for all costs and |
22 | expenses in connection with the issue of and sale and |
23 | registration of the bonds and notes in connection with the |
24 | Assistance Act and this article and the payment of interest |
25 | arbitrage rebates or proceeds of the bonds and notes. |
26 | (c) Temporary financing authorization.-- |
27 | (1) Pending the authorized issuance of bonds of the |
28 | Commonwealth, the issuing officials are authorized, in |
29 | accordance with the provisions of the Assistance Act and this |
30 | article and on the credit of the Commonwealth, to make |
|
1 | temporary borrowings not to exceed three years in |
2 | anticipation of the issue of bonds in order to provide funds |
3 | in the amounts deemed advisable prior to the issue of bonds. |
4 | In order to provide for and in connection with the temporary |
5 | borrowings, the issuing officials are authorized in the name |
6 | and on behalf of the Commonwealth to enter into any purchase, |
7 | loan or credit agreement or other agreement with any bank, |
8 | trust company or other lending institution, investment |
9 | banking firm or person, in the United States having power to |
10 | enter into the agreement. The agreement may contain |
11 | provisions which are not inconsistent with the provisions of |
12 | the Assistance Act or this article and authorized by the |
13 | issuing officials. |
14 | (2) All temporary borrowings made under this section |
15 | shall be evidenced by notes of the Commonwealth, which shall |
16 | be issued for amounts not exceeding in the aggregate the |
17 | applicable statutory and constitutional debt limitation in |
18 | the form and denominations and subject to terms and |
19 | conditions of sale and issue, prepayment or redemption and |
20 | maturity, rate of interest and time of payment of interest as |
21 | the issuing officials authorize and direct in accordance with |
22 | the Assistance Act and this article. The authorization and |
23 | direction may provide for the subsequent issuance of |
24 | replacement notes to refund outstanding notes or replacement |
25 | notes. The replacement notes shall, upon issuance, evidence |
26 | the borrowing and may specify other terms and conditions with |
27 | respect to the notes and replacement notes as the issuing |
28 | officials determine and direct. |
29 | (3) If the authorization and direction of the issuing |
30 | officials provide for the issuance of replacement notes, the |
|
1 | following shall apply: |
2 | (i) The issuing officials may, on behalf of the |
3 | Commonwealth, issue, enter into or authorize and direct |
4 | the State Treasurer to enter into an agreement with any |
5 | bank, trust company, investment banking firm or other |
6 | institution or person, in the United States having the |
7 | power to enter the agreement: |
8 | (A) To purchase or underwrite an issue or series |
9 | of issues or notes. |
10 | (B) To credit, enter into a purchase, loan or |
11 | credit agreement, draw money pursuant to the |
12 | agreement on the terms and conditions set forth in |
13 | the agreement and issue notes as evidence of |
14 | borrowings made under the agreements. |
15 | (C) To appoint an issuing and payment agent or |
16 | agents with respect to the notes. |
17 | (D) To do other acts necessary or appropriate to |
18 | provide for the payment, when due, of the interest on |
19 | and the principal of the notes. |
20 | (ii) The agreements may provide for the compensation |
21 | of purchasers or underwriters of notes or replacement |
22 | notes by discounting the purchase price of the notes or |
23 | by payment of a fixed fee or commission at the time of |
24 | issuance. All other costs and expenses, including fees |
25 | for agreements related to the notes, issuing and paying |
26 | agent costs and costs and expenses of issuance, may be |
27 | paid from the proceeds of the notes. |
28 | (4) If the issuing officials provide for the issuance of |
29 | replacement notes all subject to the authorization and |
30 | direction of the issuing officials, the following apply: |
|
1 | (i) At or prior to the time of delivery of the notes |
2 | or replacement notes, the State Treasurer shall determine |
3 | the principal amount, date of issue, interest rate or |
4 | procedure for establishing interest rate, rate of |
5 | discount, denominations and all other terms and |
6 | conditions relating to the issuance. |
7 | (ii) The State Treasurer shall perform all acts |
8 | necessary to pay or cause to be paid, when due, all |
9 | principal of and interest on the notes being refunded by |
10 | replacement notes and to assure that the replacement |
11 | notes may draw upon any money available for that purpose |
12 | pursuant to any purchase, loan or credit agreement |
13 | established with respect to the replacement notes. |
14 | (5) Outstanding notes evidencing the borrowings may be |
15 | funded and retired by the issuance and sale of the bonds of |
16 | the Commonwealth as authorized in this subarticle. The |
17 | refunding bonds shall be issued and sold no later than a date |
18 | three years after the date of issuance of the first notes |
19 | evidencing the borrowings to the extent that payment of the |
20 | notes has not otherwise been made or provided for by sources |
21 | other than proceeds of replacement notes. |
22 | (6) The proceeds of all the temporary borrowing shall be |
23 | paid to the State Treasurer to be held and disposed of in |
24 | accordance with the provisions of the Assistance Act and this |
25 | article. |
26 | (d) Debt retirement.-- |
27 | (1) All bonds issued under the Assistance Act and this |
28 | article shall be redeemed at maturity, together with all |
29 | interest due on the bonds; and these principal and interest |
30 | payments shall be paid from the Water and Sewer Systems |
|
1 | Assistance Bond Sinking Fund, which is created. For the |
2 | specific purpose of redeeming the bonds at maturity and |
3 | paying all interest on the bonds in accordance with the |
4 | information received from the Governor, the General Assembly |
5 | shall appropriate money to the Water and Sewer Systems |
6 | Assistance Bond Sinking Fund for the payment of interest on |
7 | the bonds and notes and their principal at maturity. All |
8 | money paid into the Water and Sewer Systems Assistance Bond |
9 | Sinking Fund and all of the money not necessary to pay |
10 | accruing interest shall be invested by the State Treasurer in |
11 | the securities as are provided by law for the investment of |
12 | the sinking funds of the Commonwealth. |
13 | (2) The State Treasurer, with the approval of the |
14 | Governor, may use any of the money in the fund not necessary |
15 | to conduct the referendum authorizing the indebtedness |
16 | necessary to carry out the Assistance Act and this article to |
17 | purchase and retire of all or part of the bonds and notes |
18 | issued pursuant to the Assistance Act and this article. If |
19 | all or part of the bonds and notes are purchased, they shall |
20 | be canceled and returned to the loan and transfer agent as |
21 | canceled and paid bonds and notes. Following the purchase, |
22 | all payments of interest on the bonds and notes shall cease. |
23 | The canceled bonds, notes and coupons, together with any |
24 | other canceled bonds, notes and coupons, shall be destroyed |
25 | as promptly as possible, but no later than two years after |
26 | cancellation. A certification evidencing the destruction of |
27 | the canceled bonds, notes and coupons shall be provided by |
28 | the loan and transfer agent to the issuing officials. All |
29 | canceled bonds, notes and coupons shall be marked to make the |
30 | canceled bonds, notes and coupons nonnegotiable. |
|
1 | (3) The State Treasurer shall determine and report to |
2 | the Secretary of the Budget by November 1 of each year the |
3 | amount of money necessary for the payment of interest on |
4 | outstanding obligations and the principal of the obligations, |
5 | if any, for the following fiscal year and the times and |
6 | amounts of the payments. The Governor shall include in every |
7 | budget submitted to the General Assembly full information |
8 | relating to the issuance of bonds and notes under the |
9 | Assistance Act and this article and the status of the Water |
10 | and Sewer Systems Assistance Bond Sinking Fund for the |
11 | payment of interest on the bonds and notes and their |
12 | principal at maturity. |
13 | (4) The General Assembly shall appropriate an amount |
14 | equal to the sums necessary to meet repayment obligations for |
15 | principal and interest for deposit into the Water and Sewer |
16 | Systems Assistance Bond Sinking Fund. |
17 | (e) Expiration.--Authorization to issue bonds and notes, not |
18 | including refunding bonds and replacement notes, for the purpose |
19 | of the Assistance Act and this article shall expire ten years |
20 | from the effective date of this section. |
21 | Section 4. Sections 1721-E, 1722-E, 1723-E, 1733-E and 1735- |
22 | E of the act, added July 17, 2007 (P.L.141, No.42), are amended |
23 | to read: |
24 | Section 1721-E. Department of Corrections [(Reserved)]. |
25 | The following shall apply to appropriations for the |
26 | Department of Corrections: |
27 | (1) When making expenditures from appropriations for the |
28 | operation of State correctional institutions, the Department |
29 | of Corrections shall give consideration to minimum relief |
30 | factor values calculated when determining staffing levels for |
|
1 | corrections officers and food service instructors at each |
2 | State correctional institution. |
3 | (2) (Reserved). |
4 | Section 1722-E. Department of Education [(Reserved)]. |
5 | (a) General rule.--For the 2010-2011 school year and every |
6 | school year thereafter, payments under section 1376.1(b.2) of |
7 | the act of March 10, 1949 (P.L.30, No.14), known as the Public |
8 | School Code of 1949, for a chartered school that establishes a |
9 | satellite campus with the approval of the department for the |
10 | purpose of enrolling students previously enrolled in a school |
11 | for the deaf formerly operated by the Commonwealth shall, in |
12 | addition to any amount otherwise calculated under section |
13 | 1376.1(b.2), include the amount provided in fiscal year |
14 | 2009-2010 pursuant to section 1722-J(10)(ii). The total shall be |
15 | subject to the annual adjustment under section 1376.1(b.2)(1) of |
16 | the Public School Code of 1949. |
17 | (b) Additional funding.--For the 2010-2011 and 2011-2012 |
18 | school years, in addition to any other funds provided to it, the |
19 | department shall provide to a chartered school that establishes |
20 | a satellite campus with approval of the department for the |
21 | purpose of enrolling students previously enrolled in a school |
22 | for the deaf formerly operated by the Commonwealth, out of funds |
23 | appropriated to the department, an amount equal to $500,000 |
24 | annually to the extent appropriated by the General Assembly. |
25 | Section 1723-E. Department of Environmental Protection |
26 | [(Reserved)]. |
27 | The Department of Environmental Protection may assess a fee |
28 | to applicants who apply for funds under section 306 of the act |
29 | of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known as the |
30 | Alternative Energy Investment Act. The department shall publish |
|
1 | the fee on its publicly accessible Internet website. Proceeds |
2 | from the fee shall be used to administer the provision of loans, |
3 | grants, reimbursements or rebates under section 306 of the |
4 | Alternative Energy Investment Act. No fee authorized under this |
5 | section may exceed $150 for commercial applicants and $100 for |
6 | residential applicants. |
7 | Section 1733-E. Pennsylvania State Police [(Reserved)]. |
8 | The following shall apply to appropriations for the |
9 | Pennsylvania State Police: |
10 | (1) The Pennsylvania State Police may not close a |
11 | barracks until the Pennsylvania State Police conducts a |
12 | public hearing and provides 30 days' notice, which shall be |
13 | published in the Pennsylvania Bulletin and in at least two |
14 | local newspapers. |
15 | (2) (Reserved). |
16 | Section 1735-E. Pennsylvania Emergency Management Agency |
17 | [(Reserved)]. |
18 | The Pennsylvania Emergency Management Agency shall provide |
19 | semiannual reports of all grants awarded by the Pennsylvania |
20 | Emergency Management Agency from Federal disaster assistance or |
21 | relief funds, homeland security and defense funds, avian |
22 | flu/pandemic preparedness or other public health emergency funds |
23 | to the chairman and minority chairman of the Appropriations |
24 | Committee of the Senate and the chairman and minority chairman |
25 | of the Appropriations Committee of the House of Representatives. |
26 | The reports shall include information relating to the entity |
27 | receiving grant money from the agency, including the name and |
28 | address of the entity, the amount of the grant, the date of |
29 | issuance and the purpose of the grant. Reports shall be |
30 | submitted by August 15 for grants awarded during the period from |
|
1 | January 1 through June 30 and by February 15 for grants awarded |
2 | during the period from July 1 through December 31. |
3 | Section 5. The act is amended by adding articles to read: |
4 | ARTICLE XVII-J |
5 | 2009-2010 BUDGET IMPLEMENTATION |
6 | SUBARTICLE A |
7 | PRELIMINARY PROVISIONS |
8 | Section 1701-J. Applicability. |
9 | Except as specifically provided in this article, this article |
10 | applies to the General Appropriation Act of 2009, the |
11 | Supplemental Appropriation Act of 2009 and, as appropriate, all |
12 | other appropriation acts of 2009. |
13 | Section 1702-J. Definitions and abbreviations. |
14 | (a) Definitions.--The following words and phrases when used |
15 | in this article shall have the meanings given to them in this |
16 | section unless the context clearly indicates otherwise: |
17 | "General Appropriation Act." The act of August 5, 2009 (P.L. |
18 | , No.1A), known as the General Appropriation Act of 2009, and |
19 | the act of , 2009 (P.L. , No. ), known as the |
20 | Supplemental Appropriation Act of 2009. |
21 | "Secretary." The Secretary of the Budget of the |
22 | Commonwealth. |
23 | (b) Abbreviations.--The following abbreviations when used in |
24 | this article shall have the meanings given to them in this |
25 | section: |
26 | "AIDS." Acquired Immune Deficiency Syndrome. |
27 | "ARC." Appalachian Regional Commission. |
28 | "ARRA." The American Recovery and Reinvestment Act of 2009 |
29 | (Public Law 111-5, 123 Stat. 115). |
30 | "BG." Block Grant. |
|
1 | "CCDFBG." Child Care and Development Fund Block Grant. |
2 | "Chartered school." A school chartered by the Commonwealth. |
3 | "CSBG." Community Services Block Grant. |
4 | "DCSI." Drug Control and Systems Improvement Formula Grant |
5 | Program. |
6 | "DFSC." The Safe and Drug-Free Schools and Communities Act |
7 | (Public Law 107-110, 20 U.S.C. § 7101 et seq.). |
8 | "DOE." Department of Energy. |
9 | "EEOC." Equal Employment Opportunity Commission. |
10 | "EPA." Environmental Protection Agency. |
11 | "ESEA." The Elementary and Secondary Education Act of 1965 |
12 | (Public Law 89-10, 20 U.S.C. § 6301 et seq.). |
13 | "FEMA." Federal Emergency Management Agency. |
14 | "FTA." Federal Transit Administration. |
15 | "HUD." Department of Housing and Urban Development. |
16 | "LIHEABG." Low-Income Home Energy Assistance Block Grant. |
17 | "LSTA." The Library Services and Technology Act (Public Law |
18 | 104-208, 20 U.S.C. § 9101 et seq.). |
19 | "MCHSBG." Maternal and Child Health Services Block Grant. |
20 | "MHSBG." Mental Health Services Block Grant. |
21 | "MR." Mental Retardation. |
22 | "PAFE." Pennsylvania Agricultural Food Exposition. |
23 | "PHHSBG." Preventive Health and Health Services Block Grant. |
24 | "RSAT." Residential Substance Abuse Treatment. |
25 | "SABG." Substance Abuse Block Grant. |
26 | "SCDBG." Small Communities Development Block Grant. |
27 | "SDA." Service Delivery Area. |
28 | "SSBG." Social Services Block Grant. |
29 | "TANF." Temporary Assistance for Needy Families. |
30 | "TANFBG." Temporary Assistance for Needy Families Block |
|
1 | Grant. |
2 | "TEFAP." Temporary Emergency Food Assistance Program. |
3 | "WIA." The Workforce Investment Act of 1998 (Public Law |
4 | 105-220, 112 Stat. 936). |
5 | "WIC." Women, Infants and Children Program. |
6 | Section 1703-J. Warrants (Reserved). |
7 | SUBARTICLE B |
8 | EXECUTIVE DEPARTMENT |
9 | Section 1711-J. Governor (Reserved). |
10 | Section 1712-J. Executive Offices. |
11 | The following shall apply to appropriations for the Executive |
12 | Offices: |
13 | (1) Funds appropriated for public television station |
14 | grants shall be paid in an amount equal to the formula award |
15 | amount determined by the Pennsylvania Public Television |
16 | Commission for fiscal year 2008-2009. If insufficient funds |
17 | are appropriated, such payments shall be paid on a pro rata |
18 | basis. |
19 | (2) (Reserved). |
20 | Section 1713-J. Lieutenant Governor (Reserved). |
21 | Section 1714-J. Attorney General (Reserved). |
22 | Section 1715-J. Auditor General (Reserved). |
23 | Section 1716-J. Treasury Department (Reserved). |
24 | Section 1717-J. Department of Aging (Reserved). |
25 | Section 1718-J. Department of Agriculture (Reserved). |
26 | Section 1719-J. Department of Community and Economic |
27 | Development. |
28 | The sum of $12,000,000 shall be transferred from the Small |
29 | Business First Fund to the Machinery and Equipment Loan Fund to |
30 | be used in accordance with 12 Pa.C.S. § 2905 (relating to |
|
1 | eligibility for loans; terms and conditions). |
2 | Section 1720-J. Department of Conservation and Natural |
3 | Resources (Reserved). |
4 | Section 1721-J. Department of Corrections (Reserved). |
5 | Section 1722-J. Department of Education. |
6 | The following shall apply to appropriations for the |
7 | Department of Education from the General Appropriation Act: |
8 | (1) Notwithstanding any other provision of law, funds |
9 | received under the ARRA shall be spent in accordance with the |
10 | ARRA and applicable rules and guidelines developed by the |
11 | Federal Government. |
12 | (2) Notwithstanding any other provision of law, a board |
13 | of school directors of a school district may reopen its |
14 | 2009-2010 budget to reflect Federal and State allocations for |
15 | fiscal year 2009-2010 provided by the General Appropriation |
16 | Act. |
17 | (3) Annual payments from the appropriation to |
18 | institutions of higher learning for defraying the expenses of |
19 | hearing-impaired or sight-impaired students shall not exceed |
20 | $500 per student. |
21 | (4) Notwithstanding any other provision of law, Federal |
22 | and State funds shall be distributed to each community |
23 | college in an amount equal to the amount paid under section |
24 | 1913-A(b)(1.6) of the act of March 10, 1949 (P.L.30, No.14), |
25 | known as the Public School Code of 1949, during the 2008-2009 |
26 | fiscal year. If insufficient funds are appropriated, the |
27 | payments shall be made on a pro rata basis. |
28 | (5) Funds appropriated for special education payments to |
29 | school districts shall be distributed to each school district |
30 | in an amount equal to the amount paid during the 2008-2009 |
|
1 | school year under section 2509.5(zz) of the Public School |
2 | Code of 1949. If insufficient funds are appropriated, the |
3 | payments shall be made on a pro rata basis. |
4 | (6) (i) Funds appropriated for the Educational |
5 | Assistance Program shall be distributed to each school |
6 | entity in an amount equal to the amount paid during the |
7 | 2008-2009 school year. If insufficient funds are |
8 | appropriated, the payments shall be made on a pro rata |
9 | basis. |
10 | (ii) For purposes of the Educational Assistance |
11 | Program established in section 1502-C of the Public |
12 | School Code of 1949 and this paragraph, "school entity" |
13 | shall mean any of the following located in this |
14 | Commonwealth: a school district, joint school district, |
15 | area vocational-technical school or independent school. |
16 | (7) Funds appropriated for Pennsylvania accountability |
17 | grants shall be distributed to each school district in an |
18 | amount equal to the amount paid during the 2008-2009 school |
19 | year. If insufficient funds are appropriated, the payments |
20 | shall be made on a pro rata basis. |
21 | (8) The following shall apply to professional and |
22 | temporary professional employees of a school formerly |
23 | operated by the Commonwealth: |
24 | (i) The Commonwealth shall create a pool for each |
25 | school comprised of the professional and temporary |
26 | professional employees who have received formal notice of |
27 | suspension from the Commonwealth as a result of the |
28 | Commonwealth's decision to cease Commonwealth operation |
29 | of the school. |
30 | (ii) For the three school years immediately |
|
1 | following the formal notice of suspension from the |
2 | Commonwealth, employees in a pool created under |
3 | subparagraph (i) shall be offered employment by each |
4 | eligible school entity as determined under subparagraph |
5 | (iv) associated with the applicable pool created under |
6 | subparagraph (i), when that eligible school entity has a |
7 | vacancy for a position that an employee in the applicable |
8 | pool is properly certified to fill, provided that no |
9 | employee of the eligible school entity in which the |
10 | vacancy exists, including a suspended or demoted |
11 | employee, has a right to the vacancy under the Public |
12 | School Code of 1949 or the collective bargaining |
13 | agreement of the respective eligible school entity. |
14 | (iii) For the three school years immediately |
15 | following the formal notice of suspension from the |
16 | Commonwealth, no new employee shall be hired by an |
17 | eligible school entity as determined under subparagraph |
18 | (iv) associated with the applicable pool created under |
19 | subparagraph (i), until the position has been offered, in |
20 | order of seniority, to all properly certified members of |
21 | the applicable pool created under subparagraph (i). |
22 | (iv) For the purpose of subparagraphs (ii) and |
23 | (iii), an "eligible school entity" shall be determined as |
24 | follows: |
25 | (A) a school district, vocational-technical |
26 | school or intermediate unit, the administration |
27 | building of which is 17 miles or less from the |
28 | administration building of a school formerly operated |
29 | by the Commonwealth or a school district which is |
30 | adjacent to the school district in which a school |
|
1 | formerly operated by the Commonwealth was situate; or |
2 | (B) a school district with average daily |
3 | membership greater than or equal to 8,000, the |
4 | administration building of which is 45 miles or less |
5 | from the administration building of a school formerly |
6 | operated by the Commonwealth, and which relies on |
7 | State revenue for no less than 50% of the school |
8 | district's total budget in the most recent year for |
9 | which data has been published on the Department of |
10 | Education's public Internet website. |
11 | (9) (i) Employees hired from a pool under paragraph (8) |
12 | and former employees of a school formerly operated by the |
13 | Commonwealth who resigned from a school formerly operated |
14 | by the Commonwealth within the six months prior to the |
15 | effective date of an act of the General Assembly |
16 | declining to fund the school and who accepted employment |
17 | at a school district, intermediate unit or vocational- |
18 | technical school shall be credited by the hiring school |
19 | district, intermediate unit or vocational-technical |
20 | school for all sick leave accumulated in the school and |
21 | shall be credited for years of service in the school for |
22 | purposes of salary schedule placement. Employees shall |
23 | further be credited for their years of service in the |
24 | school for purposes of sabbatical leave eligibility, |
25 | suspension and realignment rights and eligibility for any |
26 | retirement incentives or severance payments in a hiring |
27 | school district, intermediate unit or vocational- |
28 | technical school. |
29 | (ii) Nothing in this paragraph shall be construed to |
30 | supersede or preempt any provision of an individual |
|
1 | employment agreement between a school district, |
2 | intermediate unit or vocational-technical school and an |
3 | employee entered into prior to the effective date of this |
4 | paragraph, or any provision of a collective bargaining |
5 | agreement in effect as of the effective date of this |
6 | paragraph and negotiated by a school entity and an |
7 | exclusive representative of the employees in accordance |
8 | with the act of July 23, 1970 (P.L.563, No.195), known as |
9 | the Public Employe Relations Act. |
10 | (10) The appropriation for the Scranton State School for |
11 | the Deaf - Transition funding shall be distributed as |
12 | follows: |
13 | (i) In addition to any other funding provided |
14 | pursuant to section 1376.1(b.2) of the Public School Code |
15 | of 1949, the Department of Education shall provide to |
16 | each chartered school in the 2009-2010 school year for |
17 | enrollment during the 2009-2010 school year for one or |
18 | more students who were enrolled as of May 1, 2009, in a |
19 | school for the deaf formerly operated by the |
20 | Commonwealth, an amount equal to the product of the |
21 | following: |
22 | (A) The number of students enrolled in the |
23 | chartered school as of October 1, 2009, who were |
24 | enrolled as of May 1, 2009, in a school for the deaf |
25 | formerly operated by the Commonwealth, divided by the |
26 | total number of such students enrolled in all |
27 | chartered schools as of October 1, 2009, who were |
28 | enrolled as of May 1, 2009, in a school for the deaf |
29 | formerly operated by the Commonwealth. |
30 | (B) Three million three hundred thousand |
|
1 | dollars. |
2 | (ii) In addition to any other funds provided to a |
3 | chartered school under subparagraph (i), the department |
4 | shall provide to each chartered school that establishes a |
5 | satellite campus with approval of the department for the |
6 | purpose of enrolling students previously enrolled in a |
7 | school for the deaf formerly operated by the |
8 | Commonwealth, the amount of $27,273 multiplied by the |
9 | number of students enrolled in the chartered school as of |
10 | October 1, 2009, who were enrolled as of May 1, 2009, in |
11 | a school for the deaf formerly operated by the |
12 | Commonwealth, provided that the total amount under this |
13 | subparagraph shall not exceed $2,100,000. |
14 | (11) The Department of Education, with assistance from |
15 | the Department of Public Welfare and the Juvenile Court |
16 | Judges Commission, shall submit a report to the General |
17 | Assembly by June 1, 2010, detailing the costs to school |
18 | districts and the Commonwealth to provide educational |
19 | services to children who are adjudicated delinquent and |
20 | committed to nonpublic residential facilities pursuant to 42 |
21 | Pa.C.S. § 6352 (relating to disposition of delinquent child) |
22 | for the 2008-2009 school year. The report shall identify the |
23 | following information relating to each facility: |
24 | (i) Facility location. |
25 | (ii) School district where each facility is located. |
26 | (iii) Provider of educational services at each |
27 | facility, including whether those services are under |
28 | contract or provided by an entity other than the |
29 | facility. |
30 | (iv) Department of Education's classification of the |
|
1 | education program at each facility. |
2 | (v) Number of students committed by the court |
3 | receiving educational services at each facility. |
4 | (vi) School district of residence for each student |
5 | committed by the court at each facility. |
6 | (vii) Tuition fee charged by the educational |
7 | services provider per student committed by the court at |
8 | each facility. |
9 | (viii) Entity responsible for each tuition payment |
10 | for each student committed by the court at each facility. |
11 | The term "facility" shall mean any nonpublic program |
12 | supervised or licensed pursuant to the act of June 13, 1967 |
13 | (P.L.31, No.21), known as the Public Welfare Code, that |
14 | provides out-of-home, residential services to a child who is |
15 | adjudicated delinquent. |
16 | (12) (i) Each school district shall take such steps as |
17 | necessary during fiscal year 2009-2010 in order to have |
18 | or maintain a certified safety committee by December 31, |
19 | 2010, for the purposes of section 1002(b) of the act of |
20 | June 2, 1915 (P.L.736, No.338), known as the Workers' |
21 | Compensation Act. The Department of Labor and Industry |
22 | shall provide the Department of Education with the list |
23 | of school districts who have a certified safety |
24 | committee. In the case of a school district that does not |
25 | submit evidence to the Department of Education that |
26 | complies with this paragraph, the Department of Education |
27 | shall deduct from any allocation from the Commonwealth to |
28 | which the school district is entitled the amount of the |
29 | discount the school district would otherwise receive |
30 | under section 1002(b) of the Workers' Compensation Act. |
|
1 | (ii) Subparagraph (i) shall not apply to a school |
2 | district that cannot receive a premium discount under |
3 | section 1002(b) of the Workers' Compensation Act, or an |
4 | equivalent reduction in contribution rates, by |
5 | establishing and maintaining a certified safety committee |
6 | because it is authorized to self-insure its liabilities |
7 | under section 305 of the Workers' Compensation Act or |
8 | pool its liabilities under section 802 of the Workers' |
9 | Compensation Act. |
10 | (13) Notwithstanding the provisions of 24 Pa.C.S. § |
11 | 8329(a) (relating to payments on account of social security |
12 | deductions from appropriations) when calculating payments by |
13 | the Commonwealth under 24 Pa.C.S. § 8329, the Department of |
14 | Education shall treat wages paid out of the ARRA State |
15 | Stabilization Fund or out of ARRA funds appropriated for |
16 | Individual with Disabilities Education (Part B - Preschool - |
17 | Age 3-5) as covered wages which are not federally funded. |
18 | (14) The following apply to libraries: |
19 | (i) Funds appropriated for libraries shall be |
20 | distributed to each library under the following formula: |
21 | (A) Divide the sum of the amount of funding that |
22 | the library received in fiscal year 2007-2008 under |
23 | section 2316 of the Public School Code of 1949 by the |
24 | total State-aid subsidy for fiscal year 2007-2008. |
25 | (B) Multiply the quotient under clause (A) by |
26 | the total State-aid subsidy for 2009-2010. |
27 | (ii) Following distribution of funds appropriated |
28 | for State aid to libraries, any remaining funds may be |
29 | distributed at the discretion of the State Librarian. |
30 | (iii) If funds appropriated for State aid to |
|
1 | libraries in fiscal year 2009-2010 are less than funds |
2 | appropriated in fiscal year 2002-2003, the State |
3 | Librarian may waive standards as prescribed in section |
4 | 103 of the act of June 14, 1961 (P.L.324, No.188), known |
5 | as The Library Code, relating to hours of operation, |
6 | continuing professional development, collections, |
7 | expenditures and other aspects of library operation. |
8 | (iv) (A) Each library system receiving State aid |
9 | under this subsection may distribute the local |
10 | library share of that aid in a manner as determined |
11 | by the board of directors of the library system. |
12 | (B) This subparagraph shall not apply to a |
13 | library system operating in a county of the second |
14 | class. |
15 | (15) (i) The Department of Education may utilize up to |
16 | $4,500,000 of undistributed funds not expended, |
17 | encumbered or committed from appropriations for grants |
18 | and subsidies made to the department to assist school |
19 | districts certified as an education empowerment district |
20 | under section 1705-B(h)(3) of the Public School Code of |
21 | 1949. |
22 | (ii) There is hereby established a restricted |
23 | account in the State Treasury from which payments under |
24 | this paragraph shall be paid. Funds shall be transferred |
25 | by the Secretary of the Budget to the restricted account |
26 | to the extent necessary to make payments under this |
27 | paragraph. Funds in the restricted account are hereby |
28 | appropriated to carry out the purposes of this paragraph. |
29 | The subsidy payment from this restricted account shall be |
30 | utilized to supplement the operational budget of the |
|
1 | eligible school districts. |
2 | (16) Notwithstanding section 2510.1 of the Public School |
3 | Code of 1949, payments made to school districts for the |
4 | instruction of homebound children shall only be made to the |
5 | extent funds are appropriated for this purpose. |
6 | (17) The appropriation for basic education funding shall |
7 | be distributed as follows: |
8 | (i) The Commonwealth shall pay to each school |
9 | district a basic education funding allocation for the |
10 | 2008-2009 school year which shall consist of the sum of |
11 | the following: |
12 | (A) An amount equal to the allocations received |
13 | by the school district for the 2007-2008 school year |
14 | under section 2502.48(d)(1) and (2) and (e) of the |
15 | Public School Code of 1949. |
16 | (B) If a school district has been declared a |
17 | Commonwealth partnership school district under |
18 | Article XVII-B of the Public School Code of 1949, an |
19 | amount equal to $2,000,000. |
20 | (C) (I) For a school district subject to |
21 | section 2502.48(d)(3)(i) of the Public School |
22 | Code of 1949, 27.82% of the amount determined |
23 | under section 2502.48(c)(1) of the Public School |
24 | Code of 1949. |
25 | (II) For a school district subject to |
26 | section 2502.48(d)(3)(ii) of the Public School |
27 | Code of 1949, 21.4% of the amount determined |
28 | under section 2502.48(c)(1) of the Public School |
29 | Code of 1949. |
30 | (III) Any additional amount required so that |
|
1 | the total amount provided under clause (A) and |
2 | this clause equals 2% greater than the amount |
3 | provided under section 2502.48(d) and (e) of the |
4 | Public School Code of 1949. |
5 | (ii) For the purpose of the calculation under |
6 | section 2502.48(c)(1) of the Public School Code of 1949, |
7 | for payments made under this subsection: |
8 | (A) The amount per student under section |
9 | 2502.48(a) of the Public School Code of 1949 shall be |
10 | increased by the index for the school year in which |
11 | funding will be paid. The term "index" shall have the |
12 | meaning given to it under section 2501 of the Public |
13 | School Code of 1949. |
14 | (B) The number used for the purpose of each |
15 | school district's calculation under section |
16 | 2502.48(b)(5)(ii)(B) of the Public School Code of |
17 | 1949 shall not be less than one. |
18 | (iii) Any increase in basic education funding under |
19 | this subsection shall qualify as an increase in basic |
20 | education funding for the purpose of section 2502.49 of |
21 | the Public School Code of 1949. The Department of |
22 | Education may grant a waiver for the use of up to 25% of |
23 | the funds subject to section 2502.49(a)(1) of the Public |
24 | School Code of 1949 if all of the following apply: |
25 | (A) The school district would otherwise be |
26 | required to reduce or eliminate one or more of the |
27 | programs listed under section 2502.49(a)(1) of the |
28 | Public School Code of 1949 due to a projected budget |
29 | shortfall. |
30 | (B) The funds subject to the waiver will be used |
|
1 | to maintain one or more existing programs listed |
2 | under section 2502.49(a)(1) of the Public School Code |
3 | of 1949. |
4 | (C) The school district has, in the |
5 | determination of the Department of Education, pursued |
6 | alternative opportunities for greater efficiency and |
7 | internal savings in order to fund the program or |
8 | programs without need for a waiver. |
9 | (D) The program to be maintained addresses a |
10 | significant need of the school district's students |
11 | and has demonstrated effectiveness at increasing |
12 | student achievement in the school district, in the |
13 | determination of the Department of Education. |
14 | (iv) The decision to grant a waiver shall be at the |
15 | sole discretion of the Department of Education and shall |
16 | not be subject to appeal. |
17 | (18) Community colleges shall comply with the provisions |
18 | of section 1737-J. |
19 | (b) Definitions.--The words and phrases used in this section |
20 | shall have the meanings given to them in the Public School Code |
21 | of 1949. |
22 | Section 1723-J. Department of Environmental Protection. |
23 | The following shall apply to appropriations for the |
24 | Department of Environmental Protection in the General |
25 | Appropriation Act: |
26 | (1) Appropriations include funds for the Water Resources |
27 | Technical Assistance Center in an amount to be determined by |
28 | the department in cooperation with the Water Conservation |
29 | Subcommittee of the Statewide Water Resources Committee. |
30 | (2) Notwithstanding the provisions of section 502 of the |
|
1 | act of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known as |
2 | the Alternative Energy Investment Act, in fiscal year |
3 | 2009-2010, no funds shall be appropriated from the General |
4 | Fund to the department for the Consumer Energy Program. The |
5 | appropriation for fiscal year 2009-2010 is revoked. |
6 | Section 1724-J. Department of General Services (Reserved). |
7 | Section 1725-J. Department of Health. |
8 | The following shall apply to appropriations for the |
9 | Department of Health in the General Appropriation Act: |
10 | (1) Funds appropriated for lupus programs shall be |
11 | distributed in the same proportion as distributed in fiscal |
12 | year 2008-2009. |
13 | (2) Funds appropriated for arthritis outreach and |
14 | education shall be equitably distributed among the central, |
15 | western and eastern regions of this Commonwealth based on the |
16 | ratio of population served in each region to the total |
17 | population served in this Commonwealth. |
18 | (3) Funds appropriated for biotechnology research |
19 | include $1,100,000 for a regenerative medicine center located |
20 | in a county of the second class and $1,500,000 for an |
21 | institution for hepatitis and virus research located in |
22 | county of the second class-A, which conducts research related |
23 | to developing new therapies for viral hepatitis and liver |
24 | cancer. |
25 | Section 1726-J. Insurance Department (Reserved). |
26 | Section 1727-J. Department of Labor and Industry. |
27 | The following shall apply to appropriations for the |
28 | Department of Labor and Industry in the General Appropriation |
29 | Act: |
30 | (1) The appropriation for payment to the Vocational |
|
1 | Rehabilitation Fund for work of the State Board of Vocational |
2 | Rehabilitation includes $2,153,000 for a Statewide |
3 | professional service provider association for the blind to |
4 | provide specialized services and prevention of blindness |
5 | services and $431,000 to provide specialized services and |
6 | prevention of blindness services in cities of the first |
7 | class. |
8 | (2) For the "Reed Act-Unemployment Insurance" and "Reed |
9 | Act-Employment Services and Unemployment Insurance" |
10 | appropriations, the total amount which may be obligated shall |
11 | not exceed the limitations under section 903 of the Social |
12 | Security Act (49 Stat. 620, 42 U.S.C. § 1103). |
13 | Section 1728-J. Department of Military and Veterans Affairs |
14 | (Reserved). |
15 | Section 1729-J. Department of Public Welfare. |
16 | The following shall apply to appropriations for the |
17 | Department of Public Welfare from the General Appropriation Act: |
18 | (1) Authorized transfers for child-care services. The |
19 | following shall apply: |
20 | (i) The department, upon approval of the secretary, |
21 | may transfer Federal funds appropriated for TANFBG Child |
22 | Care Assistance to the CCDFBG Child Care Services |
23 | appropriation to provide child-care services to |
24 | additional low-income families if the transfer of funds |
25 | will not result in a deficit in the appropriation. The |
26 | secretary shall provide notice ten days prior to a |
27 | transfer under this subparagraph to the chairman and |
28 | minority chairman of the Appropriations Committee of the |
29 | Senate and the chairman and minority chairman of the |
30 | Appropriations Committee of the House of Representatives. |
|
1 | (ii) The department, upon approval of the secretary, |
2 | may transfer Federal funds appropriated for CCDFBG Child |
3 | Care Assistance to the CCDFBG Child Care Services |
4 | appropriation to provide child-care services to |
5 | additional low-income families provided that the transfer |
6 | of funds will not result in a deficit in the |
7 | appropriation. The secretary shall provide notice ten |
8 | days prior to a transfer under this subparagraph to the |
9 | chairman and minority chairman of the Appropriations |
10 | Committee of the Senate and the chairman and minority |
11 | chairman of the Appropriations Committee of the House of |
12 | Representatives. |
13 | (2) Federal and State medical assistance payments. The |
14 | following shall apply: |
15 | (i) When making payments for medical assistance |
16 | outpatient or capitation services, the department shall |
17 | not require a recipient to obtain a physician referral in |
18 | order to receive chiropractic services. |
19 | (ii) No funds appropriated for approved capitation |
20 | plans shall be used to pay a provider who fails to supply |
21 | information in a form required by the department in order |
22 | to facilitate claims for Federal financial participation |
23 | for services rendered to general assistance clients. |
24 | (iii) For fiscal year 2009-2010, additional Federal |
25 | and State inpatient funding is included to provide for |
26 | Community Access Fund payments. Payments to hospitals for |
27 | Community Access Fund grants shall be distributed under |
28 | the formulas utilized for these grants in fiscal year |
29 | 2008-2009. If the total funding available for Community |
30 | Access Fund payments in fiscal year 2009-2010 is less |
|
1 | than that available in fiscal year 2008-2009, payments |
2 | shall be made on a pro rata basis. |
3 | (iv) Qualifying State-related academic medical |
4 | centers shall not receive any less funding than received |
5 | for the fiscal year 2004-2005 State appropriation level |
6 | if Federal funding for academic medical centers is not |
7 | made available to those academic medical centers during |
8 | fiscal year 2009-2010. |
9 | (v) If supplemental Federal funding for physician |
10 | practice plans is not made available during fiscal year |
11 | 2009-2010, qualifying universities and affiliated |
12 | physician practice plans shall not receive any less |
13 | funding than the amount received for the fiscal year |
14 | 2007-2008 State appropriation level. |
15 | (vi) Funds appropriated for medical assistance |
16 | transportation shall only be utilized as a payment of |
17 | last resort for transportation for eligible medical |
18 | assistance recipients. |
19 | (vii) The department shall consider pharmaceutical |
20 | services a covered benefit for recipients who are |
21 | eligible for such services and whose care is managed |
22 | through contracts between the department and managed care |
23 | contractors. Pharmaceutical benefits shall remain a |
24 | covered benefit in the contracts between the department |
25 | and managed care contractors for fiscal years 2008-2009 |
26 | and 2009-2010. If the department elects to bid a contract |
27 | for fiscal year 2010-2011 that does not include |
28 | pharmaceutical services as a covered benefit for |
29 | recipients whose care is managed through contracts |
30 | between the department and managed care contractors, the |
|
1 | Secretary of Public Welfare shall do all of the |
2 | following: |
3 | (A) By March 30, notify in writing the chair and |
4 | minority chair of the Appropriations Committee of the |
5 | Senate, the chair and minority chair of the |
6 | Appropriations Committee of the House of |
7 | Representatives, the chair and minority chair of the |
8 | Public Health and Welfare Committee of the Senate and |
9 | the chair and minority chair of the Health and Human |
10 | Services Committee of the House of Representatives. |
11 | (B) Additionally bid a contract for fiscal year |
12 | 2010-2011 that does include pharmaceutical services |
13 | as a covered benefit for recipients who are eligible |
14 | for such services and whose care is managed through |
15 | contracts between the department and managed care |
16 | contractors. |
17 | (C) Conduct any procurement for existing or new |
18 | zones in a public manner, including publication of |
19 | any request for proposal on the Department of Public |
20 | Welfare's publicly accessible Internet website. |
21 | (viii) Amounts allocated from funds appropriated for |
22 | medical assistance outpatient services for the Select |
23 | Plan for Women Preventative Health Services shall be used |
24 | for women's medical services, including noninvasive |
25 | contraception supplies. |
26 | (ix) Federal or State funds appropriated under the |
27 | General Appropriation Act in accordance with the act of |
28 | March 24, 2004 (P.L.148, No.15), known as the |
29 | Pennsylvania Trauma Systems Stabilization Act, not used |
30 | to make payments to hospitals qualifying as Level III |
|
1 | trauma centers shall be used to make payments to |
2 | hospitals qualifying as Level I and II trauma centers. |
3 | (3) Breast cancer screening. The following shall apply: |
4 | (i) Funds appropriated for breast cancer screening |
5 | may be used for women's medical services, including |
6 | noninvasive contraception supplies. |
7 | (ii) (Reserved). |
8 | (4) Women's service programs. The following shall apply: |
9 | (i) Funds appropriated for women's service programs |
10 | grants to nonprofit agencies whose primary function is to |
11 | provide alternatives to abortion shall be expended to |
12 | provide services to women until childbirth and for up to |
13 | 12 months thereafter, including food, shelter, clothing, |
14 | health care, counseling, adoption services, parenting |
15 | classes, assistance for postdelivery stress and other |
16 | supportive programs and services and for related outreach |
17 | programs. Agencies may subcontract with other nonprofit |
18 | entities which operate projects designed specifically to |
19 | provide all or a portion of these services. Projects |
20 | receiving funds referred to in this subparagraph shall |
21 | not promote, refer or perform abortions or engage in any |
22 | counseling which is inconsistent with the appropriation |
23 | referred to in this subparagraph and shall be physically |
24 | and financially separate from any component of any legal |
25 | entity engaging in such activities. |
26 | (ii) Funds appropriated for women's service programs |
27 | shall be used for women's medical services, including |
28 | noninvasive contraception supplies. |
29 | (iii) Federal funds appropriated for TANFBG |
30 | Alternatives to Abortion shall be utilized solely for |
|
1 | services to women whose gross family income is below 185% |
2 | of the Federal poverty guidelines. |
3 | (5) County children and youth programs. The following |
4 | shall apply: |
5 | (i) No more than 50% of funds allocated from the |
6 | State appropriation for county children and youth |
7 | programs to each county shall be expended until each |
8 | county submits to the department data for the prior State |
9 | fiscal year, and updated quarterly, on the unduplicated |
10 | caseloads, unduplicated services and number of |
11 | caseworkers by county program. Data shall be submitted in |
12 | a form acceptable to the department. A copy of the data |
13 | shall be sent to the chairman and minority chairman of |
14 | the Appropriations Committee of the Senate and to the |
15 | chairman and the minority chairman of the Appropriations |
16 | Committee of the House of Representatives. |
17 | (ii) Reimbursement for children and youth services |
18 | made pursuant to section 704.1 of the act of June 13, |
19 | 1967 (P.L.31, No.21), known as the Public Welfare Code, |
20 | shall not exceed the amount of State funds appropriated. |
21 | It is the intent of the General Assembly that counties do |
22 | not experience any adverse fiscal impact due to the |
23 | department's maximization efforts. |
24 | (6) Community-based family centers. No funds |
25 | appropriated for community-based family centers may be |
26 | considered as part of the base for calculation of the county |
27 | child welfare needs-based budget for a fiscal year. |
28 | Section 1730-J. Department of Revenue (Reserved). |
29 | Section 1731-J. Department of State (Reserved). |
30 | Section 1732-J. Department of Transportation (Reserved). |
|
1 | Section 1733-J. Pennsylvania State Police. |
2 | The following shall apply to appropriations for the |
3 | Pennsylvania State Police from the General Appropriation Act: |
4 | (1) Payments made to municipalities under 53 Pa.C.S. § |
5 | 2170 (relating to reimbursement of expenses) shall be limited |
6 | to funds available. If funds are not available to make full |
7 | payments, the Municipal Police Officers' Education and |
8 | Training Commission shall make payments on a pro rata basis. |
9 | (2) (Reserved). |
10 | Section 1734-J. State Civil Service Commission (Reserved). |
11 | Section 1735-J. Pennsylvania Emergency Management Agency |
12 | (Reserved). |
13 | Section 1736-J. Pennsylvania Fish and Boat Commission |
14 | (Reserved). |
15 | Section 1737-J. State System of Higher Education. |
16 | The following shall apply to appropriations for the State |
17 | System of Higher Education from the General Appropriation Act: |
18 | (1) Each public institution of higher education as |
19 | defined in Article XX-C of the Public School Code of 1949 |
20 | shall do all of the following: |
21 | (i) Agree to accept with full junior standing the |
22 | Associate of Arts or Associate of Science degree into a |
23 | parallel baccalaureate program as outlined in |
24 | subparagraph (iii) by the timelines established by the |
25 | Transfer and Articulation Oversight Committee but no |
26 | later than December 31, 2011. For purposes of this |
27 | paragraph, an Associate of Arts or Associate of Science |
28 | degree is a degree designed primarily for transfer to a |
29 | baccalaureate institution and must contain a minimum of |
30 | 60 credits. |
|
1 | (ii) Submit to the Department of Education interim |
2 | reports outlining the actions that the public institution |
3 | of higher education has undertaken or intends to |
4 | undertake to comply with subparagraph (i), which shall be |
5 | filed by December 31, 2009, June 30, 2010, and December |
6 | 31, 2010. |
7 | (iii) As a member of the Transfer and Articulation |
8 | Oversight Committee established in section 2004-C of the |
9 | Public School Code of 1949: |
10 | (A) By December 1, 2009, consult with the |
11 | Department of Education on a process and timeline, |
12 | subject to approval by the department, to identify |
13 | the Associate of Arts or Associate of Science degree |
14 | aligned with the graduation requirements of the |
15 | parallel baccalaureate degree in all public |
16 | institutions of higher education in consultation with |
17 | faculty and personnel. |
18 | (B) Identify Associate of Arts or Associate of |
19 | Science degree programs for transfer with full junior |
20 | standing into a parallel baccalaureate degree in |
21 | consultation with faculty and personnel in those |
22 | degree programs by December 31, 2011. |
23 | (C) Identify modifications that may be required |
24 | in existing associate or baccalaureate degrees to |
25 | satisfy external accreditation or licensure |
26 | requirements in consultation with faculty and |
27 | personnel. Approved modifications shall recognize all |
28 | competencies attained within either the associate or |
29 | baccalaureate programs. |
30 | (D) Define requirements, in consultation with |
|
1 | faculty and personnel, for education degrees, |
2 | including Early Childhood Education degrees, leading |
3 | to certification to be included in an associate |
4 | degree and to be accepted for transfer with full |
5 | junior standing into a parallel baccalaureate degree |
6 | program. |
7 | (2) (Reserved). |
8 | Section 1737.1-J. State-related institutions. |
9 | The following shall apply to State-related institutions: |
10 | (1) (i) No later than June 15, 2010, each State-related |
11 | institution shall identify 30 credit hours of course |
12 | content from equivalent courses identified under Article |
13 | XX-C of the Public School Code of 1949 that it will |
14 | accept from a student accepted for transfer from an |
15 | institution of higher eduction participating in Article |
16 | XX-C of the Public School Code of 1949. A State-related |
17 | institution shall count a course in the same manner that |
18 | it would count the same or equivalent course if taken by |
19 | a student at the State-related institution. |
20 | (ii) Each State-related institution shall make the |
21 | information identified in subparagraph (i) available to |
22 | the Department of Education for posting on the |
23 | department's publicly accessible Internet website. |
24 | (iii) Nothing in this paragraph shall be construed |
25 | to: |
26 | (A) Require a State-related institution to apply |
27 | a course to graduation or degree requirements if that |
28 | course or its equivalent course would not be applied |
29 | to graduation or degree requirements if taken at the |
30 | State-related institution. |
|
1 | (B) Infringe on a State-related institution's |
2 | sole authority to accept a student for transfer, to |
3 | determine acceptance into a major, to determine the |
4 | campus assignment of such student or to determine how |
5 | many and which credit hours shall apply for the |
6 | transfer student toward the completion of a degree. |
7 | The manner in which accepted courses apply toward |
8 | completion of a degree and whether they are counted |
9 | for general education, major or free elective credit |
10 | shall be subject to the requirements established by |
11 | the accepting State-related institution for each |
12 | individual major or program of study. |
13 | (C) Prohibit a State-related institution's |
14 | ability to enter into discussions with the Department |
15 | of Education to increase the number of credits |
16 | pursuant to subparagraph (i). |
17 | (iv) For the purpose of this paragraph, "State- |
18 | related institution" shall have the meaning given to it |
19 | in Article XX-C of the Public School Code of 1949. |
20 | (2) (Reserved). |
21 | Section 1738-J. Pennsylvania Higher Education Assistance |
22 | Agency. |
23 | The following shall apply to appropriations for the |
24 | Pennsylvania Higher Education Assistance Agency from the General |
25 | Appropriation Act: |
26 | (1) Maximization of funds. The Pennsylvania Higher |
27 | Education Assistance Agency shall use funds appropriated for |
28 | matching payments for student aid funds to maximize the |
29 | receipt of Federal funds to the fullest extent possible. |
30 | (2) Limitation. No college, university or institution |
|
1 | receiving a direct appropriation from the Commonwealth shall |
2 | be eligible to participate in the institutional assistance |
3 | grants program. |
4 | (3) Agricultural loan forgiveness. In distributing funds |
5 | appropriated for agricultural loan forgiveness, the agency |
6 | shall give preference to renewal applicants. |
7 | Section 1739-J. Pennsylvania Historical and Museum Commission |
8 | (Reserved). |
9 | Section 1740-J. Pennsylvania Infrastructure Investment |
10 | Authority (Reserved). |
11 | Section 1741-J. Environmental Hearing Board (Reserved). |
12 | Section 1742-J. Pennsylvania Board of Probation and Parole |
13 | (Reserved). |
14 | Section 1743-J. Pennsylvania Public Television Network |
15 | Commission (Reserved). |
16 | Section 1744-J. Pennsylvania Securities Commission (Reserved). |
17 | Section 1745-J. State Tax Equalization Board (Reserved). |
18 | Section 1746-J. Health Care Cost Containment Council. |
19 | (1) The Health Care Cost Containment Council shall |
20 | submit a report to the chairman and minority chairman of the |
21 | Appropriations Committee of the Senate and the chairman and |
22 | minority chairman of the Appropriations Committee of the |
23 | House of Representatives specifying the amount and source of |
24 | proceeds received from the sale of data by the council. The |
25 | report shall supplement the annual report of financial |
26 | expenditures required under section 17.1 of the act of July |
27 | 8, 1986 (P.L.408, No.89), known as the Health Care Cost |
28 | Containment Act. Twenty-five percent of the proceeds received |
29 | from the sale of data may be used for the operations of the |
30 | council. The remainder of the proceeds shall be deposited in |
|
1 | the General Fund and shall not be expended unless |
2 | appropriated by the General Assembly. |
3 | (2) The sum of $2,300,000 is transferred from the Health |
4 | Care Cost Containment Council to the General Fund, to include |
5 | money appropriated to or received by the council prior to |
6 | 2008-2009 that is unspent or uncommitted. |
7 | Section 1747-J. State Ethics Commission (Reserved). |
8 | Section 1748-J. State Employees' Retirement System (Reserved). |
9 | Section 1749-J. Thaddeus Stevens College of Technology |
10 | (Reserved). |
11 | Section 1750-J. Pennsylvania Housing Finance Agency (Reserved). |
12 | Section 1751-J. LIHEABG (Reserved). |
13 | Section 1752-J. Budget Stabilization Reserve Fund (Reserved). |
14 | SUBARTICLE C |
15 | LEGISLATIVE DEPARTMENT |
16 | (Reserved) |
17 | SUBARTICLE D |
18 | JUDICIAL DEPARTMENT |
19 | Section 1781-J. Supreme Court (Reserved). |
20 | Section 1782-J. Superior Court (Reserved). |
21 | Section 1783-J. Commonwealth Court (Reserved). |
22 | Section 1784-J. Courts of common pleas (Reserved). |
23 | Section 1785-J. Community courts; magisterial district judges |
24 | (Reserved). |
25 | Section 1786-J. Philadelphia Traffic Court (Reserved). |
26 | Section 1787-J. Philadelphia Municipal Court (Reserved). |
27 | Section 1788-J. Judicial Conduct Board (Reserved). |
28 | Section 1789-J. Court of Judicial Discipline (Reserved). |
29 | Section 1790-J. Juror cost reimbursement (Reserved). |
30 | Section 1791-J. County court reimbursement (Reserved). |
|
1 | Section 1792-J. Senior judges (Reserved). |
2 | Section 1793-J. Transfer of funds by Supreme Court (Reserved). |
3 | ARTICLE XVII-K |
4 | 2009-2010 RESTRICTIONS ON APPROPRIATIONS |
5 | FOR FUNDS AND ACCOUNTS |
6 | Section 1701-K. Applicability. |
7 | Except as specifically provided in this article, this article |
8 | applies to the act of August 5, 2009 (P.L. , No.1A), known as |
9 | the General Appropriation Act of 2009, the act of , 2009 |
10 | (P.L. , No. ), known as the Supplemental Appropriation Act |
11 | of 2009, and as appropriate, all other appropriation acts of |
12 | 2009. |
13 | Section 1702-K. State Lottery Fund. |
14 | (1) Funds appropriated for PENNCARE shall not be |
15 | utilized for administrative costs by the Department of Aging. |
16 | (2) (Reserved). |
17 | Section 1703-K. Energy Conservation and Assistance Fund |
18 | (Reserved). |
19 | Section 1704-K. 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 1704.1-K. Access to Justice Account. |
26 | Notwithstanding 42 Pa.C.S. § 4906 (relating to distribution |
27 | of funds), moneys 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 1705-K. Emergency Medical Services Operating Fund |
2 | (Reserved). |
3 | Section 1706-K. State Stores Fund (Reserved). |
4 | Section 1707-K. Motor License Fund (Reserved). |
5 | Section 1708-K. Hazardous Material Response Fund (Reserved). |
6 | Section 1709-K. Milk Marketing Fund (Reserved). |
7 | Section 1710-K. Home Investment Trust Fund (Reserved). |
8 | Section 1711-K. Tuition Payment Fund (Reserved). |
9 | Section 1712-K. Banking Department Fund (Reserved). |
10 | Section 1713-K. Firearm Records Check Fund (Reserved). |
11 | Section 1714-K. Ben Franklin Technology Development Authority |
12 | Fund (Reserved). |
13 | Section 1715-K. Tobacco Settlement Fund. |
14 | (a) Deposits.-- |
15 | (1) Notwithstanding sections 303(b)(2), (3) and (4) and |
16 | 306 of the act of June 26, 2001 (P.L.755, No.77), known as |
17 | the Tobacco Settlement Act, the following shall apply: |
18 | (i) For fiscal year 2009-2010, the strategic |
19 | contribution payments received in fiscal year 2008-2009 |
20 | pursuant to the Master Settlement Agreement shall be |
21 | deposited in the Tobacco Settlement Fund. |
22 | (ii) For fiscal year 2009-2010, $15,000,000 of the |
23 | funds derived under section 303(b)(3) of the Tobacco |
24 | Settlement Act shall be deposited into the Tobacco |
25 | Settlement Fund. |
26 | (iii) For fiscal year 2009-2010, $10,000,000 of the |
27 | funds derived under section 303(b)(4) of the Tobacco |
28 | Settlement Act shall be deposited into the Tobacco |
29 | Settlement Fund. |
30 | (iv) For fiscal year 2009-2010, 25% of the money |
|
1 | appropriated under section 306(b)(1)(iii) of the Tobacco |
2 | Settlement Act may not be expended, transferred or lapsed |
3 | but shall remain in the Tobacco Settlement Fund. |
4 | (v) For fiscal year 2009-2010, 33.3% of the money |
5 | appropriated under section 306(b)(1)(vi) of the Tobacco |
6 | Settlement Act may not be expended, transferred or lapsed |
7 | but shall remain in the Tobacco Settlement Fund. |
8 | (2) Money deposited into the fund under paragraph (1) |
9 | shall be appropriated for health-related purposes. If |
10 | applicable, the amount appropriated in accordance with this |
11 | paragraph shall be matched by appropriated Federal augmenting |
12 | funds. |
13 | (b) Transfers.-- |
14 | (1) Notwithstanding sections 306 and 307 of the Tobacco |
15 | Settlement Act, the following shall apply. |
16 | (i) For fiscal year 2009-2010, 37.5% of the money |
17 | appropriated under section 306(b)(1)(iii) of the Tobacco |
18 | Settlement Act is transferred from the Tobacco Settlement |
19 | Fund to the General Fund. |
20 | (ii) For fiscal year 2010-2011, 37.5% of the money |
21 | appropriated under section 306(b)(1)(iii) of the Tobacco |
22 | Settlement Act is transferred from the Tobacco Settlement |
23 | Fund to the General Fund. |
24 | (iii) For fiscal year 2009-2010, 100% of the money |
25 | received in fiscal year 2008-2009 appropriated under |
26 | section 306(b)(1)(i) of the Tobacco Settlement Act shall |
27 | be transferred from the Tobacco Endowment Account for |
28 | Long-Term Hope to the Tobacco Settlement Fund. |
29 | (iv) For fiscal year 2009-2010, $150,000,000 is |
30 | transferred from the Tobacco Endowment Account for Long- |
|
1 | Term Hope to the General Fund. |
2 | (v) For fiscal year 2010-2011, $250,000,000 is |
3 | transferred from the Tobacco Endowment Account for Long- |
4 | Term Hope to the General Fund. |
5 | (2) Money transferred under paragraph (1)(iii) 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 | (c) Allocation.--Funding for local programs under section |
10 | 708(b) of the Tobacco Settlement Act shall be allocated as |
11 | follows: |
12 | (1) Thirty percent of grant funding to primary |
13 | contractors for local programs shall be allocated equally |
14 | among each of the 67 counties. |
15 | (2) The remaining 70% of grant funding to primary |
16 | contractors for local programs shall be allocated on a per |
17 | capita basis of each county with a population greater than |
18 | 60,000. The per capita formula shall be applied only to that |
19 | portion of the population that is greater than 60,000 for |
20 | each county. |
21 | (3) Budgets shall be developed by each primary |
22 | contractor to reflect service planning and expenditures in |
23 | each county. Each primary contractor will ensure that |
24 | services are available to residents of each county and must |
25 | expend the allocated funds on a per-county basis pursuant to |
26 | paragraphs (1) and (2). |
27 | (4) The Department of Health shall compile a detailed |
28 | annual report of expenditures per county and the specific |
29 | programs offered in each region. This report shall be made |
30 | available on the Department of Health's publicly available |
|
1 | Internet website 60 days following the close of each fiscal |
2 | year. |
3 | (5) During the third quarter of the fiscal year, funds |
4 | which have not been spent within a service area may be |
5 | reallocated to support programming in the same region. |
6 | (d) Use of money for lobbying prohibited.--No money derived |
7 | from an appropriation by the General Assembly from the Tobacco |
8 | Settlement Fund may be used for the lobbying of any State public |
9 | official. |
10 | Section 1716-K. Community Health Reinvestment Restricted |
11 | Account. |
12 | (a) Establishment.--There is established in the State |
13 | Treasury a restricted receipts account in the Tobacco Settlement |
14 | Fund to be known as the Community Health Reinvestment Restricted |
15 | Account. Interest earned on money in the account shall remain in |
16 | the account. |
17 | (b) Agreement on community health reinvestment.--Each |
18 | calendar year, a corporation under 40 Pa.C.S. Ch. 61 (relating |
19 | to hospital plan corporations) or 63 (relating to professional |
20 | health services plan corporations) that is a party to the |
21 | Agreement on Community Health Reinvestment entered into February |
22 | 2, 2005, by the Insurance Department and the Capital Blue Cross, |
23 | Highmark, Inc., Hospital Service Association of Northeastern |
24 | Pennsylvania and Independence Blue Cross, and published in the |
25 | Pennsylvania Bulletin at 35 Pa.B. 4155 (July 23, 2005), shall |
26 | pay to the account the amount calculated for such calendar year |
27 | in section 5 of the agreement, published at 35 Pa.B. 4156. |
28 | (c) Appropriation.--The money in the account, including all |
29 | interest earned, is appropriated to the Insurance Department to |
30 | be used in accordance with the agreement on community health |
|
1 | reinvestment described in subsection (b). |
2 | Section 1717-K. Health Care Provider Retention Account. |
3 | The sum of $708,000,000 is transferred from the Health Care |
4 | Provider Retention Account established under section 1112(a) of |
5 | the act of March 20, 2002 (P.L.154, No.13), known as the Medical |
6 | Care Availability and Reduction of Error (Mcare) Act, to the |
7 | General Fund. |
8 | Section 1717.1-K. Medical Care Availability and Reduction of |
9 | Error Fund. |
10 | The following shall apply: |
11 | (1) The sum of $100,000,000 is transferred from the |
12 | Medical Care Availability and Reduction of Error Fund |
13 | established under section 712 of the act of March 20, 2002 |
14 | (P.L.154, No.13), known as the Medical Care Availability and |
15 | Reduction of Error (Mcare) Act, to the General Fund. |
16 | (2) Notwithstanding section 712(m) of the act of March |
17 | 20, 2002 (P.L.154, No.13), known as the Medical Care |
18 | Availability and Reduction of Error (Mcare) Act, and 75 |
19 | Pa.C.S. § 6506(b) (relating to surcharge), for fiscal years |
20 | 2009-2010 and 2010-2011, all surcharges collected under 75 |
21 | Pa.C.S. § 6506 by any division of the Unified Judicial System |
22 | shall be deposited in the General Fund upon receipt. |
23 | Section 1718-K. Budget Stabilization Reserve Fund. |
24 | (a) General provisions.--Notwithstanding section 1703-A(b), |
25 | the sum of $755,000,000 is transferred from the Budget |
26 | Stabilization Reserve Fund to the General Fund. |
27 | (b) Surplus.--No amount of the surplus in the General Fund |
28 | in fiscal year 2009-2010 shall be deposited into the Budget |
29 | Stabilization Reserve Fund. |
30 | Section 1718.1-K. Gaming Economic Development and Tourism Fund. |
|
1 | Notwithstanding the provisions of 4 Pa.C.S. Part II (relating |
2 | to gaming) and the act of July 9, 2008 (P.L.908, No.63), known |
3 | as the H2O PA Act, $5,080,000 is hereby appropriated from the |
4 | Gaming Economic Development and Tourism Fund to the Department |
5 | of General Services to meet additional payment obligations for |
6 | the project itemized in section 3(2)(i)(D) of the act of July |
7 | 25, 2007 (P.L.342, No.53), known as the Pennsylvania Gaming |
8 | Economic Development and Tourism Fund Capital Budget Itemization |
9 | Act of 2007. |
10 | Section 1719-K. Restricted Receipt Accounts. |
11 | (a) General provisions.--The secretary may create restricted |
12 | receipt accounts for the purpose of administering Federal grants |
13 | only for the purposes designated in this section. |
14 | (b) Department of Community and Economic Development.--The |
15 | following restricted receipt accounts may be established for the |
16 | Department of Community and Economic Development: |
17 | (1) ARC Housing Revolving Loan Program. |
18 | (2) (Reserved). |
19 | (c) Department of Conservation and Natural Resources.--The |
20 | following restricted receipt accounts may be established for the |
21 | Department of Conservation and Natural Resources: |
22 | (1) Federal Aid to Volunteer Fire Companies. |
23 | (2) Federal Land and Water Conservation Fund Act. |
24 | (3) National Forest Reserve Allotment. |
25 | (4) Federal Land and Water Conservation Fund Act - |
26 | Conservation and Natural Resources. |
27 | (d) Department of Education.--The following restricted |
28 | receipt accounts may be established for the Department of |
29 | Education: |
30 | (1) Education of the Disabled - Part C. |
|
1 | (2) LSTA - Library Grants. |
2 | (3) The Pennsylvania State University Federal Aid. |
3 | (4) Emergency Immigration Education Assistance. |
4 | (5) Education of the Disabled - Part D. |
5 | (6) Homeless Adult Assistance Program. |
6 | (7) Severely Handicapped. |
7 | (8) Medical Assistance Reimbursements to Local Education |
8 | Agencies. |
9 | (e) Department of Environmental Protection.--The following |
10 | restricted receipt accounts may be established for the |
11 | Department of Environmental Protection: |
12 | (1) Federal Water Resources Planning Act. |
13 | (2) Flood Control Payments. |
14 | (3) Soil and Water Conservation Act - Inventory of |
15 | Programs. |
16 | (f) Department of Health.--The following restricted receipt |
17 | accounts may be established for the Department of Health: |
18 | (1) Share Loan Program. |
19 | (2) (Reserved). |
20 | (g) Department of Transportation.--The following restricted |
21 | receipt accounts may be established for the Department of |
22 | Transportation: |
23 | (1) Capital Assistance Elderly and Handicapped Programs. |
24 | (2) Railroad Rehabilitation and Improvement Assistance. |
25 | (3) Ridesharing/Van Pool Program - Acquisition. |
26 | (h) Pennsylvania Emergency Management Agency.--The following |
27 | restricted receipt accounts may be established for the |
28 | Pennsylvania Emergency Management Agency: |
29 | (1) Receipts from Federal Government - Disaster Relief - |
30 | Disaster Relief Assistance to State and Political |
|
1 | Subdivisions. |
2 | (2) (Reserved). |
3 | (i) Pennsylvania Historical and Museum Commission.--The |
4 | following restricted receipt accounts may be established for the |
5 | Pennsylvania Historical and Museum Commission: |
6 | (1) Federal Grant - National Historic Preservation Act. |
7 | (2) (Reserved). |
8 | (j) Executive Offices.--The following restricted receipt |
9 | accounts may be established for the Executive Offices: |
10 | (1) Retired Employees Medicare Part D. |
11 | (2) Justice Assistance. |
12 | (3) Juvenile Accountability Incentive. |
13 | Section 1720-K. State Gaming Fund. |
14 | (a) Deduction of certain appropriations.--Notwithstanding |
15 | the provisions of section 504(c)(1) of the act of June 27, 2006 |
16 | (1st Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief |
17 | Act, funds appropriated to the Pennsylvania Gaming Control Board |
18 | from the State Gaming Fund shall be deducted from the amount |
19 | transferred to the Property Tax Relief Reserve Fund under |
20 | section 504(b) of the Taxpayer Relief Act and loaned to the |
21 | Pennsylvania Gaming Control Board for payment of the board's |
22 | administrative and operating expenses for the fiscal year |
23 | commencing July 1, 2009. Funds loaned to the board under this |
24 | section and sections 1720-G and 1720-I shall be repaid from the |
25 | accounts established under 4 Pa.C.S. § 1401 (relating to slot |
26 | machine licensee deposits) in accordance with subsection (b). |
27 | (b) Assessment for repayment.--Notwithstanding the |
28 | provisions of 4 Pa.C.S. § 1901.1 (relating to repayments to |
29 | State Gaming Fund), the Pennsylvania Gaming Control Board shall |
30 | assess slot machine licensees for repayment of funds transferred |
|
1 | and loaned to the board under subsection (a) from the State |
2 | Gaming Fund in accordance with 4 Pa.C.S. § 1402 (relating to |
3 | gross terminal revenue deductions) for repayment to the Property |
4 | Tax Relief Reserve Fund at such time as at least 11 slot machine |
5 | licenses have been issued and 11 licensed gaming entities have |
6 | commenced the operation of slot machines. The board shall adopt |
7 | a repayment schedule that assesses to each slot machine licensee |
8 | costs for the repayment of amounts appropriated under this |
9 | section in an amount that is proportional to each slot machine |
10 | licensee's gross terminal revenue. |
11 | (c) Property tax relief.-- |
12 | (1) Notwithstanding the provisions of section 504 of the |
13 | Taxpayer Relief Act, until the loan to the Pennsylvania |
14 | Gaming Control Board under subsection (a) is repaid, the |
15 | Secretary of the Budget is authorized to provide for property |
16 | tax relief under section 503(d) of the Taxpayer Relief Act, |
17 | regardless of whether the amount deposited in the Property |
18 | Tax Relief Reserve Fund is less than required by section 504 |
19 | of the Taxpayer Relief Act. |
20 | (2) Notwithstanding the provisions of 4 Pa.C.S. § |
21 | 1901.1, beginning January 1, 2011, if the Secretary of the |
22 | Budget determines that the moneys in the Property Tax Relief |
23 | Reserve Fund are needed for property tax relief, the |
24 | secretary shall notify the Pennsylvania Gaming Control Board |
25 | and upon notification, the board shall immediately assess |
26 | each slot machine licensee for the repayment of the loan in |
27 | an amount that is proportional to each slot machine |
28 | licensee's gross terminal revenue. |
29 | (d) Other appropriations solely from assessment.-- |
30 | (1) All funds for the operation of the Pennsylvania |
|
1 | State Police, Department of Revenue and Attorney General are |
2 | appropriated solely from an assessment on gross terminal |
3 | revenue from accounts under 4 Pa.C.S. § 1401 in an amount |
4 | equal to that appropriated by the General Assembly for fiscal |
5 | year 2009-2010. The Pennsylvania State Police, Attorney |
6 | General or Department of Revenue shall not assess any charge, |
7 | fee, cost of operations or other payment from a licensed |
8 | gaming entity in excess of amounts appropriated for fiscal |
9 | year 2009-2010, unless specifically authorized by law. |
10 | (2) This subsection shall not apply to any voluntary |
11 | payment made by a new slot machine licensee in accordance |
12 | with similar payments voluntarily made by existing licensees. |
13 | Section 1721-K. Pennsylvania Racehorse Development Fund. |
14 | (Reserved). |
15 | Section 1722-K. Straw Purchase Prevention Education Fund. |
16 | Notwithstanding the provisions of 18 Pa.C.S. § 6187 (relating |
17 | to transfer for initial funding), in fiscal year 2009-2010, no |
18 | funds shall be transferred from the General Fund to the Straw |
19 | Purchase Prevention Education Fund established in 18 Pa.C.S. § |
20 | 6186 (relating to Straw Purchase Prevention Education Fund). |
21 | Section 6. Notwithstanding any other provision of law, the |
22 | Scranton State School for the Deaf and the Board of Trustees of |
23 | the Scranton State School for the Deaf are abolished. |
24 | Section 7. Repeals are as follows: |
25 | (1) The General Assembly declares that the repeal under |
26 | paragraph (2) is necessary to effectuate the addition of |
27 | Article V-A of the act. |
28 | (2) Sections 618 and 618.1 of the act of April 9, 1929 |
29 | (P.L.177, No.175), known as The Administrative Code of 1929, |
30 | are repealed. |
|
1 | (3) The General Assembly declares that the repeals under |
2 | paragraph (4) are necessary to effectuate the addition of |
3 | section 1722-J(8), (9) and (10) of the act. |
4 | (4) The following acts or parts of acts are repealed |
5 | insofar as they are inconsistent with this act: |
6 | (i) Sections 3 and 4 of the act of May 8, 1913 |
7 | (P.L.163, No.112), entitled "An act providing for an |
8 | examination of the Pennsylvania Oral School for the Deaf, |
9 | at Scranton, Lackawanna County, Pennsylvania; providing |
10 | for the transfer, under certain conditions, of the said |
11 | Oral School for the Deaf to the Commonwealth; regulating |
12 | said school in the event of such transfer; and making an |
13 | appropriation to carry out the purposes of this act." |
14 | (ii) Sections 2 and 202 of the act of June 7, 1923 |
15 | (P.L. 498, No. 274), known as The Administrative Code. |
16 | (iii) Sections 202, 401 and 1311 of the act of April |
17 | 9, 1929 (P.L.177, No.175), known as The Administrative |
18 | Code of 1929. |
19 | (iv) Section 5.1 of the act of July 8, 1957 |
20 | (P.L.579, No.321), entitled, "An act establishing minimum |
21 | compensation and increments for members of the faculty |
22 | and administration of the Thaddeus Stevens State School |
23 | of Technology, the Scotland School for Veterans' |
24 | Children, and the Scranton State School for the Deaf, |
25 | providing leave of absence with pay for faculty members |
26 | and the superintendent of schools and imposing duties on |
27 | the Board of Trustees of such schools and the Secretary |
28 | of Education." |
29 | (v) Section 1.2 of the act of December 12, 1973 |
30 | (P.L.397, No.141), known as the Professional Educator |
|
1 | Discipline Act. |
2 | (vi) 24 Pa.C.S. §§ 8102 and 8327. |
3 | (4.1) The General Assembly declares that the repeal |
4 | under paragraph (5) is necessary to effectuate the addition |
5 | of section 1717.1-K of the act. |
6 | (5) Chapter 11 of the act of March 20, 2002 (P.L.154, |
7 | No.13), known as the Medical Care Availability and Reduction |
8 | of Error (Mcare) Act, is repealed. |
9 | (6) The act of July 9, 2008 (P.L.908, No.63), known as |
10 | the H2O PA Act, is repealed insofar as it is inconsistent |
11 | with this act. |
12 | (7) All other acts and parts of acts are repealed |
13 | insofar as they are inconsistent with this act. |
14 | (8) The following appropriations in the act of August 5, |
15 | 2009 (P.L. , No.1A), known as the General Appropriation Act |
16 | of 2009, vetoed in part, are repealed: |
17 | (i) The State appropriation for smoke free |
18 | Pennsylvania enforcement in section 215 of the act is |
19 | repealed. |
20 | (ii) The State appropriation for a separate State- |
21 | funded vocational rehabilitation program to provide |
22 | vocational rehabilitation services leading to competitive |
23 | employment for OVR-eligible persons with disabilities |
24 | unable to receive services through the Federal Vocational |
25 | Rehabilitation Program in section 217 of the act is |
26 | repealed. |
27 | (iii) The Federal appropriation for "Home Visitation |
28 | to Prevent Child Maltreatment" in section 219 of the act |
29 | is repealed. |
30 | (iv) The Federal appropriation for "Emergency Food |
|
1 | Assistance" in section 1712 of the act is repealed. |
2 | (v) The Federal and State appropriations for |
3 | payments for early intervention services, for |
4 | "Individuals with Disabilities Education," for "Food and |
5 | Nutrition - Local," for "Esea - Title I - Local" and for |
6 | "ARRA - Education for Homeless Children and Youth" in |
7 | section 1714 of the act are repealed. |
8 | (vi) The Federal appropriations for "Survey Studies" |
9 | and "State Energy Program (SEP)" in section 1715 of the |
10 | act are repealed. |
11 | (vii) The Federal appropriations for "Programs for |
12 | the Aging - Title III," and "Programs for the Aging - |
13 | Title V" in section 1731 of the act are repealed. |
14 | Section 8. The provisions of this act are severable. If any |
15 | provision of this act or its application to any person or |
16 | circumstance is held invalid, the invalidity shall not affect |
17 | other provisions or applications of this act which can be given |
18 | effect without the invalid provision or application. |
19 | Section 9. This act shall apply as follows: |
20 | (1) The addition of section 1776-A of the act shall |
21 | apply to contracts entered into on or after the effective |
22 | date of this paragraph. |
23 | (1.1) The following provisions shall apply retroactively |
24 | to July 1, 2009: |
25 | (i) The amendment of section 1721-E of the act. |
26 | (ii) The amendment of section 1722-E of the act. |
27 | (iii) The amendment of section 1733-E of the act. |
28 | (iv) The amendment of section 1735-E of the act. |
29 | (v) Except as set forth in paragraph (3), the |
30 | addition of Article XVII-J of the act. |
|
1 | (vi) The addition of Article XVII-K of the act. |
2 | (2) The amendment of section 1723-E of the act shall |
3 | apply retroactively to May 1, 2009. |
4 | (3) Paragraph (1.1)(v) does not apply to the addition of |
5 | section 1722-J(8) and (9) of the act. |
6 | (4) The reenactment and amendment of sections 1731-A and |
7 | 1732-A shall apply retroactively to June 30, 2009. |
8 | Section 10. This act shall take effect as follows: |
9 | (1) Notwithstanding paragraph (2)(i), the addition of |
10 | section 510-A of the act shall take effect July 1, 2010, or |
11 | immediately, whichever is later. |
12 | (2) The following provisions shall take effect November |
13 | 30, 2010: |
14 | (i) Except as set forth in paragraph (1), the |
15 | addition of Article V-A of the act. |
16 | (ii) Section 7(1) and (2) of this act. |
17 | (3) The remainder of this act shall take effect |
18 | immediately. |
|