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| PRIOR PRINTER'S NOS. 2012, 2666, 2703, 2782 | PRINTER'S NO. 2799 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BELFANTI, GERGELY, 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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| AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES, OCTOBER 9, 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. The act of April 9, 1929 (P.L.343, No.176), known |
22 | as The Fiscal Code, is amended by adding a section to read: |
23 | Section 10. Method of Filing.--(a) The Department of |
24 | Revenue may require any return, report or other document |
25 | required to be filed for a tax administered by the department |
26 | prepared by a third party who submits fifty or more returns per |
27 | year to be filed by any method prescribed by the department |
28 | including by telephonic, electronic or other method. Notice of |
29 | the method of filing shall be published in the Pennsylvania |
30 | Bulletin and on the Department of Revenue's Internet website at |
31 | least sixty days prior to the due date of the return, report or |
32 | other document required to be filed by telephonic, electronic or |
33 | other method. The notice shall refer to this section. |
34 | (b) Failure to file a return, report or other document by |
35 | the method required under subsection (a) shall subject the tax |
36 | preparer to a penalty of one percent of the tax due on the |
37 | return, report or other document up to a maximum of five hundred |
38 | dollars ($500), but not less than ten dollars ($10). This |
39 | penalty shall be assessed and collected in the manner provided |
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1 | by the act of March 4, 1971 (P.L.6, No.2), known as the "Tax |
2 | Reform Code of 1971." This penalty shall be in addition to any |
3 | civil penalty imposed in the applicable article of the "Tax |
4 | Reform Code of 1971" for failure to file a return, report or |
5 | other document. The criminal penalty for failure to file a |
6 | return, report or other document by the method required under |
7 | subsection (a) shall be the same as the criminal penalty for |
8 | failure to file a return, report or other document under the |
9 | applicable article of the "Tax Reform Code of 1971." |
10 | (c) (1) The Department of Revenue may waive the requirement |
11 | to file by the method required under subsection (a) when the |
12 | department determines that any of the following apply: |
13 | (i) The prescribed filing method causes an undue hardship. |
14 | (ii) The preparer or taxpayer requests a waiver in writing |
15 | that clearly states why the filing method causes an undue |
16 | hardship. |
17 | (2) In determining whether filing by the method required |
18 | under subsection (a) causes an undue hardship, the Department of |
19 | Revenue may consider unusual circumstances that may prevent the |
20 | person from filing by the prescribed method or any other factor |
21 | that the department determines is relevant. |
22 | Section 1.1. The definition of "cigarettes" in section 202-A |
23 | of the act, added July 2, 1993 (P.L.250, No.46), is amended and |
24 | the section is amended by adding a definition to read: |
25 | Section 202-A. Definitions.--As used in this article-- |
26 | * * * |
27 | "Cigarettes" shall mean and include any roll for smoking made |
28 | wholly or in part of tobacco, irrespective of size or shape, and |
29 | whether or not such tobacco is flavored, adulterated or mixed |
30 | with any other ingredient, the wrapper or cover of which is made |
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1 | of paper or any other substance or material, excepting tobacco, |
2 | and shall not include cigars. For purposes of licensing under |
3 | this article only, the term shall include little cigars. |
4 | * * * |
5 | "Little cigars" shall mean any roll for smoking that weighs |
6 | not more than four pounds per thousand, where the wrapper or |
7 | cover is made of natural leaf tobacco or of any substance |
8 | containing tobacco. |
9 | * * * |
10 | Section 1.2. The act is amended by adding an article to |
11 | read: |
12 | ARTICLE V-A |
13 | INDEPENDENT FISCAL OFFICE |
14 | Section 501-A. Short title. |
15 | This article relates to independence in fiscal matters. |
16 | Section 502-A. Definitions. |
17 | The following words and phrases when used in this article |
18 | shall have the meanings given to them in this section unless the |
19 | context clearly indicates otherwise: |
20 | "Baseline budget." A draft budget using current dollar |
21 | values that projects current year levels of budget authority, |
22 | outlays and revenues and the deficit or surplus into the new |
23 | budget year and out years on the basis of current laws and |
24 | policies. |
25 | "Committee." The Independent Fiscal Office Selection |
26 | Committee. |
27 | "Commonwealth agency." Any office, department, authority, |
28 | board, multistate agency or commission of the executive branch. |
29 | The term includes: |
30 | (1) The Office of the Governor. |
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1 | (2) The Office of Attorney General, the Department of |
2 | the Auditor General and the Treasury Department. |
3 | (3) An independent agency, as defined in the act of |
4 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know |
5 | Law. |
6 | (4) A State-affiliated entity, as defined in the Right- |
7 | to-Know Law. |
8 | (5) The General Assembly. |
9 | (6) The Judiciary. |
10 | "Director." The director of the Independent Fiscal Office. |
11 | "Office." The Independent Fiscal Office established in |
12 | section 503-A. |
13 | Section 503-A. Office established. |
14 | There is established a nonpartisan Independent Fiscal Office |
15 | as an independent agency. |
16 | Section 504-A. Duties of office. |
17 | The office shall: |
18 | (1) Prepare revenue estimates to include Federal funds, |
19 | State revenues and funds from other resources, including any |
20 | projected revenue surplus or deficit for a given fiscal year, |
21 | as provided under section 505-A. |
22 | (2) By January 1, provide a baseline budget that |
23 | includes levels of spending necessary to retain the current |
24 | program and statutory requirements. |
25 | (3) Provide an analysis of the executive budget, |
26 | including budgetary projections, economic outlook, economic |
27 | impact and an analysis of all related tax and revenue |
28 | proposals. The budget analysis may include performance |
29 | recommendations to secure greater efficiency and economy. |
30 | (4) Develop and use econometric models to annually |
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1 | forecast State revenues and update the models. The office |
2 | shall make the equations of a model and any historic |
3 | databases related to the model available to the |
4 | Appropriations Committee of the Senate, the Appropriations |
5 | Committee of the House of Representatives, the Majority |
6 | Leader and Minority Leader of the Senate and the Majority |
7 | Leader and Minority Leader of the House of Representatives. |
8 | (5) By November 15 of each year, provide an assessment |
9 | of the State's current fiscal condition and a projection of |
10 | what the fiscal condition will be during the next five years. |
11 | The assessment shall take into account the state of the |
12 | economy, demographics, revenues and expenditures. |
13 | (6) Monitor State taxes and other receipts. |
14 | (7) Develop performance measures for executive-level |
15 | programs and departments and evaluate performance measures |
16 | and results as promulgated and reported by executive-level |
17 | departments. Performance measurements shall be outcomes-based |
18 | and include activity cost analysis, measures of status |
19 | improvement of recipient populations, economic outcomes and |
20 | performance benchmarks against similar State programs. |
21 | (8) Establish an Internet website. |
22 | Section 505-A. Revenue estimates. |
23 | (a) Initial revenue estimate.--By the second week of |
24 | February, the office shall submit to the General Assembly an |
25 | initial revenue estimate for the next fiscal year. |
26 | (b) Official revenue estimate.-- |
27 | (1) By June 15 of each year, the office shall submit to |
28 | the General Assembly an official final binding revenue |
29 | estimate for the next fiscal year. If the General |
30 | Appropriation Act is not enacted by July 1, the office shall |
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1 | prepare a revised revenue estimate by the 15th of each |
2 | succeeding month until such time as the General Appropriation |
3 | Act is enacted. The revised revenue estimate prepared |
4 | immediately preceding enactment shall be binding. |
5 | (2) The revenue estimate submitted under this section |
6 | shall establish the maximum amount of tax revenue which may |
7 | be considered for the General Appropriation Act for the |
8 | ensuing fiscal year. No changes in the revenue estimates |
9 | shall be made by the office after submission under paragraph |
10 | (1) unless significant changes in economic assumptions or |
11 | changes in statutes affecting revenues and receipts are |
12 | enacted. |
13 | (3) The office shall publish the methodology used to |
14 | develop revenue estimates. |
15 | (4) Following the adoption of a General Appropriation |
16 | Act or Supplemental Appropriation Act by the General |
17 | Assembly, the Governor shall certify that the budget |
18 | appropriations made by the General Assembly do not exceed the |
19 | actual and estimated revenue and surplus available according |
20 | to the official final binding revenue estimate under |
21 | paragraph (1). |
22 | (c) Information.--The office shall provide the |
23 | Appropriations Committee of the Senate, the Appropriations |
24 | Committee of the House of Representatives and the Secretary of |
25 | the Budget all data, assumptions and econometric models used to |
26 | develop projections and revenue estimates. |
27 | (d) Required information.-- |
28 | (1) A revenue estimate submitted by the office under |
29 | this subsection shall include all of the following: |
30 | (i) An assessment of the Pennsylvania economy and |
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1 | the national economy and the impact of the existing or |
2 | emerging State or national economic trends on revenue |
3 | performance for the current year and the forecasted or |
4 | projected revenue collections for the budget year and the |
5 | succeeding year. |
6 | (ii) A summary of current year-to-date revenue |
7 | collections by specific tax or revenue source, including |
8 | Federal funds, the General Fund, the Lottery Fund and the |
9 | Motor License Fund and a detailed explanation of any |
10 | negative or positive variation from the prior year's |
11 | official revenue estimate, including the reasons or |
12 | events contributing to the variation. |
13 | (iii) Any projected revenue surplus or deficit for |
14 | the current budget year. |
15 | (2) A revenue estimate shall be based on existing |
16 | statutes and tax policy and existing or emerging State or |
17 | national economic trends. |
18 | (3) The office shall prepare a revenue estimate of any |
19 | change in State tax law proposed as part of the annual State |
20 | budget. If the proposed change in State tax law will have a |
21 | fiscal impact in excess of $10,000,000 in any fiscal year, |
22 | the estimate shall be prepared on the basis of assumptions |
23 | that estimate the probable behavioral responses of taxpayers, |
24 | businesses and other persons to the proposed changes and |
25 | shall include a statement identifying those assumptions. |
26 | (e) Department of Revenue.--The Department of Revenue in |
27 | conjunction with the Secretary of the Budget shall make revenue |
28 | estimates for the use of the Governor in preparing the budget. |
29 | Section 506-A. Budget information. |
30 | The office shall be notified and shall attend any briefings |
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1 | provided by the Governor or the Secretary of the Budget under |
2 | section 619 of the act of April 9, 1929 (P.L.177, No.175), known |
3 | as The Administrative Code of 1929. |
4 | Section 507-A. Expenditures. |
5 | (a) Expenditure reports.--Commonwealth agencies shall make |
6 | monthly expenditure data available to the office. The data shall |
7 | be provided within seven days after the end of each month. The |
8 | monthly data shall include a summary of the last monthly |
9 | submission. The data shall be provided in finished reports or |
10 | electronically, as determined by the office. The data shall be |
11 | provided by fund, by appropriation, by department and by |
12 | organization within each department and shall include: |
13 | (1) Number of filled personnel positions and their cost. |
14 | (2) Itemized personnel vacancies and their cost. |
15 | (3) New positions created and their cost. |
16 | (4) Wage and overtime costs. |
17 | (5) Allotments and expenditures for itemized personnel |
18 | expenses. |
19 | (6) Allotments and expenditures for itemized operating |
20 | expenses. |
21 | (7) Allotment and expenditures for itemized fixed |
22 | assets. |
23 | (8) The rate of expenditures in appropriations for major |
24 | subsidy and grant programs during the month. |
25 | (b) Budget requests.--Commonwealth agencies shall submit |
26 | their agency budget requests to the office and the Office of the |
27 | Budget. The Commonwealth agency budget requests shall be |
28 | submitted to both offices at the same time. |
29 | (c) Revenue reports.--The Governor shall make monthly |
30 | revenue reports to the office. The revenue reports shall show |
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1 | the actual collection of revenue itemized by source and a |
2 | comparison of the actual collections with estimated collections |
3 | for each month. The comparison shall include an analysis of any |
4 | change in collection patterns which will cause a shortfall or |
5 | overrun on annual estimates of more than 1%. |
6 | (d) Other revenue data.--Commonwealth agencies shall cause |
7 | to be prepared any other revenue data as may be requested from |
8 | time to time by the office. |
9 | (e) Electronic access.--Except for information that is |
10 | confidential pursuant to statute, the office shall have access |
11 | to all information available under this section on inquiry-only |
12 | screens through an integrated central computer system. |
13 | Section 508-A. Revenue conference. |
14 | By January 31 of each year, the office shall convene a |
15 | meeting with the Secretary of the Budget and the chairman and |
16 | minority chairman of the Appropriations Committee of the Senate |
17 | and the chairman and minority chairman of the Appropriations |
18 | Committee of the House of Representatives to discuss the |
19 | following: |
20 | (1) An assessment of the Pennsylvania economy and the |
21 | national economy and the impact of the economic trends on |
22 | revenue performance for the budget year and the succeeding |
23 | year. |
24 | (2) Recommended changes to revenue forecasting and |
25 | econometric models being considered by the office. |
26 | (3) Current year-to-date revenue collections by specific |
27 | tax or revenue source, including Federal funds, the General |
28 | Fund, the Lottery Fund and the Motor License Fund and |
29 | variations that may be occurring in the revenue estimate |
30 | submitted under section 505-A(a). |
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1 | (4) Any statutory or tax policy changes that may be |
2 | recommended by the Governor or the General Assembly for the |
3 | next succeeding fiscal year. |
4 | Section 509-A. Access to information. |
5 | (a) Agencies.--The director is authorized to secure |
6 | information, data, expense information, estimates and statistics |
7 | directly from a Commonwealth agency or a political subdivision. |
8 | All Commonwealth agencies and political subdivisions shall |
9 | furnish the director with all reports of expenditure for each |
10 | agency and any other available material or data which the |
11 | director determines to be necessary in the performance of the |
12 | duties of the office, other than material the disclosure of |
13 | which would be a violation of law. The director is also |
14 | authorized, upon agreement with the head of any Commonwealth |
15 | agency or political subdivision, to utilize the services, |
16 | facilities and personnel of the agency with or without |
17 | reimbursement. |
18 | (b) Office of the Budget.--In carrying out the duties and |
19 | functions of the office, the director is authorized to obtain |
20 | information, data, estimates and statistics developed by the |
21 | Office of the Budget and all Commonwealth agencies. The Governor |
22 | shall submit to the office copies of final agency budget |
23 | requests. |
24 | (c) Computer database.--In order to carry out its duties |
25 | under this article, the office shall have access to the |
26 | computerized database of a State agency that is required to aid |
27 | the office in the performance of its duties under sections 504-A |
28 | and 505-A, except that any statutory requirements regarding |
29 | privacy of individuals' records shall be observed in providing |
30 | access. |
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1 | (d) Daily revenue data.-- |
2 | (1) The Secretary of Revenue and the Secretary of the |
3 | Budget shall post revenue collection data for each deposit |
4 | day and make the information available to the office and the |
5 | chairman and minority chairman of the Appropriations |
6 | Committee of the Senate and the chairman and minority |
7 | chairman of the Appropriations Committee of the House of |
8 | Representatives. |
9 | (2) The daily revenue data shall be presented in a |
10 | manner similar to and consistent with the daily revenue data |
11 | provided on June 30, 2007. In no case shall each deposit day |
12 | contain less information than was accessible during the |
13 | 2006-2007 fiscal year as a result of changes in reporting |
14 | procedures, accounting systems or computer systems. |
15 | (3) The Governor, the Attorney General, the Auditor |
16 | General and the State Treasurer shall cause to be prepared |
17 | any other revenue data as may be requested by the office. |
18 | (e) Civil action.--If information is not made available by a |
19 | Commonwealth agency or political subdivision within a reasonable |
20 | time, the director may make a written request to the agency |
21 | head, stating the authority to receive the information. The |
22 | agency head shall have ten days to respond. If the information |
23 | is not provided within ten days of the receipt of the agency |
24 | response, the director may bring a civil action to require the |
25 | agency head to provide the information. |
26 | Section 510-A. Selection and organization committee. |
27 | (a) Selection and organization committee.--There is |
28 | established a committee to organize the office and select the |
29 | director of the office consisting of the following: |
30 | (1) The chairman and minority chairman of the |
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1 | Appropriations Committee of the Senate and the chairman and |
2 | minority chairman of the Appropriations Committee of the |
3 | House of Representatives. |
4 | (2) The Majority Leader and the Minority Leader of the |
5 | Senate and the Majority Leader and the Minority Leader of the |
6 | House of Representatives. |
7 | (3) The President pro tempore of the Senate and the |
8 | Speaker of the House of Representatives. |
9 | (4) The Governor. |
10 | (b) Duties of committee.--The following shall apply: |
11 | (1) By August October 31, 2010, the selection and | <-- |
12 | organization committee shall deliberate the following: |
13 | (i) The organizational structure of the office. |
14 | (ii) The procedures to be adopted to select the |
15 | director of the office. |
16 | (iii) The operational budget for the office. |
17 | (2) By October 31 November 30, 2010, the selection and | <-- |
18 | organization committee shall submit a report to the Secretary |
19 | of the Budget, the chairman and minority chairman of the |
20 | Appropriations Committee and the chairman and minority |
21 | chairman of the Finance Committee of the Senate and the |
22 | chairman and minority chairman of the Appropriations |
23 | Committee and the chairman and minority chairman of the |
24 | Finance Committee of the House of Representatives setting |
25 | forth a plan to establish the office, including an |
26 | operational budget, and to select the director of the office. |
27 | Section 511-A. Appointment. |
28 | (a) Director.--The office shall be headed by a director |
29 | appointed by the selection committee under section 510-A. The |
30 | appointment shall be made without regard to political |
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1 | affiliation and solely on the basis of fitness to perform the |
2 | duties of the office based on qualifications published by the |
3 | selection committee. |
4 | (b) Deputy director.--The director shall appoint a deputy |
5 | director who shall perform such duties as assigned by the |
6 | director and who shall during the absence or incapacity of the |
7 | director or a vacancy act as the director. |
8 | (c) Term.--The term of office of the director shall be six |
9 | years. An individual appointed as director to fill a vacancy |
10 | prior to the expiration of a term shall serve only for the |
11 | unexpired portion of that term. An individual serving as |
12 | director at the expiration of a term may continue to serve until |
13 | a successor is appointed. |
14 | (d) Removal.--The director may be removed by a concurrent |
15 | resolution passed by the Senate and the House of Representatives |
16 | and approval of the Governor. |
17 | Section 512-A. Powers and duties of director. |
18 | (a) Personnel.--The director shall appoint and fix the |
19 | compensation of personnel necessary to carry out the duties and |
20 | functions of the office. All personnel shall be appointed |
21 | without regard to political affiliation and solely on the basis |
22 | of their fitness to perform their duties. |
23 | (b) Experts and consultants.--In carrying out the duties and |
24 | functions of the office, the director may procure the temporary |
25 | or intermittent services of experts or consultants by contract. |
26 | Section 513-A. Conflict. | <-- |
27 | This article supersedes sections 618 and 618.1 of the act of |
28 | April 9, 1929 (P.L.177, No.175), known as The Administrative |
29 | Code of 1929. |
30 | Section 514-A. Expiration. |
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1 | This article shall expire upon enactment of the act of , |
2 | 2010 (P.L. , No. ), known as the General Appropriation Act of |
3 | 2010. |
4 | Section 2. Section 1301.12(c) and (d) of the act, amended |
5 | June 29, 2002 (P.L.614, No.91), are amended to read: |
6 | Section 1301.12. Notice and Publication of Lists of Property |
7 | Subject to Custody and Control of the Commonwealth under this |
8 | Article.--* * * |
9 | (c) The State Treasurer is not required to [publish in such |
10 | notice] include in such notice published in an English language |
11 | newspaper of general circulation any item of less than [one |
12 | hundred dollars ($100)] two hundred fifty dollars ($250) or to |
13 | include in such notice published in a legal newspaper any item |
14 | of less than two hundred fifty dollars ($250), unless the State |
15 | Treasurer, in either instance, deems such publication to be in |
16 | the public interest. |
17 | (d) Within nine (9) months from the receipt of the report |
18 | required by section 1301.11, the State Treasurer shall mail a |
19 | notice to each person having an address listed who appears to be |
20 | entitled to property of the value of [one hundred dollars |
21 | ($100)] two hundred fifty dollars ($250) or more subject to |
22 | custody and control of the Commonwealth under this article. The |
23 | mailed notice shall contain: |
24 | 1. A statement that, according to a report filed with the |
25 | State Treasurer, property is being held to which the addressee |
26 | appears entitled; |
27 | 2. The name and address of the holder of the property and |
28 | any necessary information regarding changes of name and address |
29 | of the holder; |
30 | 3. A statement that, if satisfactory proof of claim is not |
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1 | presented by the owner to the holder by the date specified in |
2 | the published notice, claims should thereafter be filed with the |
3 | State Treasurer. |
4 | * * * |
5 | Section 3. The act is amended by adding articles to read: |
6 | ARTICLE XVI-B |
7 | BORROWING FOR CAPITAL FACILITIES |
8 | Section 1601-B. Scope. |
9 | This article relates to neighborhood improvement zones. |
10 | Section 1602-B. Definitions. |
11 | The following words and phrases when used in this article |
12 | shall have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Capital Facilities Debt Enabling Act." The act of February |
15 | 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt |
16 | Enabling Act. |
17 | "City." A city of the third class with, on the effective |
18 | date of this section, a population of at least 106,000 and not |
19 | more than 107,000, based on the 2000 Federal decennial census. |
20 | "Contracting authority." An authority created under 53 |
21 | Pa.C.S. Ch. 56 (relating to municipal authorities) for the |
22 | purpose of designating a neighborhood improvement zone and |
23 | constructing a facility or other authority created under the |
24 | laws of this Commonwealth which is eligible to apply for and |
25 | receive redevelopment assistance capital grants under Chapter 3 |
26 | of the act of February 9, 1999 (P.L.1, No.1), known as the |
27 | Capital Facilities Debt Enabling Act, and which is under a |
28 | contract with the Office of the Budget to receive those grants. |
29 | "Facility." A stadium, arena or other structure owned or |
30 | leased by professional sports organization at which professional |
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1 | athletic events are conducted in the presence of individuals who |
2 | pay admission to view the event constructed or operated by the |
3 | contracting authority. |
4 | "Facility complex." A development or complex of residential, |
5 | commercial, exhibition, hospitality, conference, retail and |
6 | community uses which includes a stadium arena or other place |
7 | owned, leased or utilized by a professional sports organization |
8 | at which a professional athletic event or other events are |
9 | conducted in the presence of individuals who pay admission to |
10 | view the event. |
11 | "Fund." The Neighborhood Improvement Zone Fund established |
12 | under section 1604-B. |
13 | "Neighborhood improvement zone." A neighborhood improvement |
14 | zone designated by the contracting authority for the purposes of |
15 | neighborhood improvement and development within a city. |
16 | "Professional sports organization." A sole proprietorship, |
17 | corporation, limited liability company, partnership or |
18 | association that meets all of the following: |
19 | (1) Owns a professional sports franchise. |
20 | (2) Conducts professional athletic events of the sports |
21 | franchise at a facility. |
22 | "Qualified business." An entity authorized to conduct |
23 | business in this Commonwealth which is located or partially |
24 | located within a neighborhood improvement zone and is engaged in |
25 | the active conduct of a trade or business for the taxable year. |
26 | An agent, broker or representative of a business shall not be |
27 | considered to be in the active conduct of trade or business for |
28 | the business. |
29 | Section 1603-B. Facility. |
30 | The contracting authority may designate a neighborhood |
|
1 | improvement zone of not greater than 130 acres, in which a |
2 | facility or facility complex may be constructed, and may borrow |
3 | funds for the purpose of improvement and development within the |
4 | neighborhood improvement zone and construction of a facility or |
5 | facility complex within the zone. |
6 | Section 1604-B. Neighborhood Improvement Zone Fund. |
7 | (a) Special fund.--There is established a special fund known |
8 | as the Neighborhood Improvement Zone Fund. Interest income |
9 | derived from investment of the money in the fund shall be |
10 | credited by the Treasury Department to the fund. |
11 | (b) Calculation.--Within 60 days of the end of each quarter, |
12 | the Department of Revenue shall calculate the amounts under this |
13 | subsection for improvement and development in the neighborhood |
14 | improvement zone, the facility complex and the facility. The |
15 | contracting authority shall provide good faith estimates of |
16 | quarterly amounts to be calculated in a form and manner required |
17 | by the Department of Revenue. The Department of Revenue shall |
18 | estimate the quarterly amounts, subject to an annual |
19 | reconciliation, and shall certify the amounts to the Office of |
20 | the Budget within 90 days of the end of a fiscal quarter. An |
21 | entity collecting a local tax within the neighborhood |
22 | improvement zone shall, within 30 days of the end of a fiscal |
23 | quarter, submit all of the local taxes collected that are to be |
24 | calculated under this subsection to the State Treasurer for |
25 | transfer to the fund under subsection (d). The following shall |
26 | be the amounts calculated: |
27 | (1) An amount equal to all corporate net income tax, |
28 | capital stock and franchise tax, personal income tax, |
29 | business privilege tax, business privilege licensing fees and |
30 | earned income tax related to the ownership and operation of a |
|
1 | professional sports organization conducting professional |
2 | athletic events at the facility or facility complex. |
3 | (2) An amount equal to all of the following: |
4 | (i) All personal income tax, earned income tax and |
5 | local services tax withheld from its employees by a |
6 | professional sports organization conducting professional |
7 | athletic events at the facility or facility complex. |
8 | (ii) All personal income tax, earned income tax and |
9 | local services tax withheld from the employees of any |
10 | provider of events at or services to, or any operator of |
11 | an enterprise in, the facility or facility complex. |
12 | (iii) All personal income tax, earned income tax and |
13 | local services tax to which the Commonwealth would be |
14 | entitled from performers or other participants, including |
15 | visiting teams, at an event or activity at the facility |
16 | or facility complex. |
17 | (3) An amount equal to all sales and use tax related to |
18 | the operation of the professional sports organization and the |
19 | facility and enterprises developed as part of the facility |
20 | complex. This paragraph shall include sales and use tax paid |
21 | by any provider of events or activities at or services to the |
22 | facility or facility complex, including sales and use tax |
23 | paid by vendors and concessionaires and contractors at the |
24 | facility or facility complex. |
25 | (4) An amount equal to all tax paid to the Commonwealth |
26 | related to the sale of any liquor, wine or malt or brewed |
27 | beverage in the facility or facility complex. |
28 | (5) The amount paid by the professional sports |
29 | organization or by any provider of events or activities at or |
30 | services to the facility or facility complex of any new tax |
|
1 | enacted by the Commonwealth following the effective date of |
2 | this section. |
3 | (6) An amount equal to all personal income tax, earned |
4 | income tax and local services tax withheld from personnel by |
5 | the professional sports organization or by a contractor or |
6 | other entity involved in the construction of the facility or |
7 | facility complex. |
8 | (7) An amount equal to all sales and use tax paid on |
9 | materials and other construction costs, whether withheld or |
10 | paid by the professional sports organization or other entity, |
11 | directly related to the construction of the facility or |
12 | facility complex. |
13 | (8) An amount equal to all of the following: |
14 | (i) All corporate net income tax, capital stock and |
15 | franchise tax, personal income tax, business privilege |
16 | tax, business privilege licensing fees and earned income |
17 | tax related to the ownership and operation of any |
18 | qualified business within the neighborhood improvement |
19 | zone. |
20 | (ii) All personal income tax, earned income tax and |
21 | local services tax withheld from its employees by a |
22 | qualified business within the neighborhood improvement |
23 | zone. |
24 | (iii) All personal income tax, earned income tax and |
25 | local services tax withheld from the employees of a |
26 | qualified business that provides events, activities or |
27 | services in the neighborhood improvement zone. |
28 | (iv) All personal income tax, earned income tax and |
29 | local services tax to which the Commonwealth would be |
30 | entitled from performers or other participants at an |
|
1 | event or activity in the neighborhood improvement zone. |
2 | (v) All sales and use tax related to the operation |
3 | of a qualified business within the neighborhood |
4 | improvement zone. This subparagraph shall include sales |
5 | and use tax paid by a qualified business that provides |
6 | events, activities or services in the neighborhood |
7 | improvement zone. |
8 | (vi) All tax paid by a qualified business to the |
9 | Commonwealth related to the sale of any liquor, wine or |
10 | malt or brewed beverage within the neighborhood |
11 | improvement zone. |
12 | (vii) The amount paid a qualified business within |
13 | the neighborhood improvement zone of any new tax enacted |
14 | by the Commonwealth following the effective date of this |
15 | section. |
16 | (viii) All personal income tax, earned income tax |
17 | and local services tax withheld from personnel by a |
18 | qualified business involved in the improvement, |
19 | development or construction of the neighborhood |
20 | improvement zone. |
21 | (ix) All sales and use tax paid on materials and |
22 | other construction costs, whether withheld or paid by the |
23 | professional sports organization or other qualified |
24 | business, directly related to the improvement, |
25 | development or construction of the neighborhood |
26 | improvement zone. |
27 | (x) An amount equal to any amusement tax paid by a |
28 | qualified business operating in the neighborhood |
29 | improvement zone. No political subdivision or other |
30 | entity authorized to collect amusement taxes may impose |
|
1 | or increase the rate of any tax on admissions to places |
2 | of entertainment, exhibition, amusement or upon athletic |
3 | events in the neighborhood improvement zone which are not |
4 | in effect on the date the neighborhood improvement zone |
5 | is designated by the contracting authority. |
6 | (9) Except for a tax levied against real property, an |
7 | amount equal to any tax imposed by the Commonwealth or any of |
8 | its political subdivisions on a qualified business engaged in |
9 | an activity within the neighborhood improvement zone. |
10 | (c) Income apportionment.--For the purpose of making the |
11 | calculations under subsection (b), the taxable income of a |
12 | corporation that is a qualified business shall be apportioned to |
13 | the neighborhood improvement zone by multiplying the |
14 | Pennsylvania taxable income by a fraction, the numerator of |
15 | which is the property factor plus the payroll factor plus the |
16 | sales factor and the denominator of which is three, in |
17 | accordance with the following: |
18 | (1) The property factor is a fraction, the numerator of |
19 | which is the average value of the taxpayer's real and |
20 | tangible personal property owned or rented and used in the |
21 | neighborhood improvement zone during the tax period and the |
22 | denominator of which is the average value of all the |
23 | taxpayer's real and tangible personal property owned or |
24 | rented and used in this Commonwealth during the tax period |
25 | but shall not include the security interest of any |
26 | corporation as seller or lessor in personal property sold or |
27 | leased under a conditional sale, bailment lease, chattel |
28 | mortgage or other contract providing for the retention of a |
29 | lien or title as security for the sales price of the |
30 | property. |
|
1 | (2) The following apply: |
2 | (i) The payroll factor is a fraction, the numerator |
3 | of which is the total amount paid in the neighborhood |
4 | improvement zone during the tax period by the taxpayer |
5 | for compensation and the denominator of which is the |
6 | total compensation paid in this Commonwealth during the |
7 | tax period. |
8 | (ii) Compensation is paid in the neighborhood |
9 | improvement zone if: |
10 | (A) the person's service is performed entirely |
11 | within the neighborhood improvement zone; |
12 | (B) the person's service is performed both |
13 | within and without the neighborhood improvement zone, |
14 | but the service performed without the neighborhood |
15 | improvement zone is incidental to the person's |
16 | service within the neighborhood improvement zone; or |
17 | (C) some of the service is performed in the |
18 | neighborhood improvement zone and the base of |
19 | operations or, if there is no base of operations, the |
20 | place from which the service is directed or |
21 | controlled is in the neighborhood improvement zone, |
22 | or the base of operations or the place from which the |
23 | service is directed or controlled is not in any |
24 | location in which some part of the service is |
25 | performed, but the person's residence is in the |
26 | neighborhood improvement zone. |
27 | (3) The sales factor is a fraction, the numerator of |
28 | which is the total sales of the taxpayer in the neighborhood |
29 | improvement zone during the tax period and the denominator of |
30 | which is the total sales of the taxpayer in this Commonwealth |
|
1 | during the tax period. |
2 | (i) Sales of tangible personal property are in the |
3 | neighborhood improvement zone if the property is |
4 | delivered or shipped to a purchaser that takes possession |
5 | within the neighborhood improvement zone regardless of |
6 | the F.O.B. point or other conditions of the sale. |
7 | (ii) Sales other than sales of tangible personal |
8 | property are in the neighborhood improvement zone if: |
9 | (A) the income-producing activity is performed |
10 | in the neighborhood improvement zone; or |
11 | (B) the income-producing activity is performed |
12 | both within and without the neighborhood improvement |
13 | zone and a greater proportion of the income-producing |
14 | activity is performed in the neighborhood improvement |
15 | zone than in any other location, based on costs of |
16 | performance. |
17 | (d) Transfers.-- |
18 | (1) Within ten days of receiving notification under |
19 | subsection (b), the Secretary of the Budget shall direct the |
20 | State Treasurer to, notwithstanding any other law, transfer |
21 | the amounts calculated under subsection (b) from the General |
22 | Fund to the fund. |
23 | (2) The State Treasurer shall provide quarterly payments |
24 | to the contracting authority until the bonds issued to |
25 | finance the improvement and development of the neighborhood |
26 | improvement zone and the construction of the contracted |
27 | facility or facility complex are retired. The payment in each |
28 | quarter shall be equal to the balance of the fund on the last |
29 | day of the prior calendar quarter. |
30 | (e) Restriction on use of funds.--Funds transferred under |
|
1 | subsection (d): |
2 | (1) May only be utilized for payment of debt service on |
3 | bonds issued for the improvement and development of all or |
4 | any part of the neighborhood improvement zone and the purpose |
5 | of constructing a facility or facility complex. |
6 | (2) May not be utilized for purposes of renovating or |
7 | repairing a facility or facility complex, except for capital |
8 | maintenance and improvement projects. |
9 | (f) Ticket surcharge.--The entity operating the facility may |
10 | collect a capital repair and improvement ticket surcharge, the |
11 | proceeds of which shall be deposited into the fund. The funds |
12 | shall be maintained and utilized as follows: |
13 | (1) The money deposited under this subsection may not be |
14 | encumbered for any reason and shall be transferred to the |
15 | entity for capital repair and improvement projects upon |
16 | request from the entity. |
17 | (2) Upon the expiration of the neighborhood improvement |
18 | zone under section 1606-B, any and all portions of the fund |
19 | attributable to the ticket surcharge shall be immediately |
20 | transferred to the contracting authority to be held in escrow |
21 | where they shall be unencumbered and maintained by the |
22 | contracting authority in the same manner as the fund. Upon |
23 | the transfer, any ticket surcharge collected by the operating |
24 | entity shall thereafter be deposited in the account |
25 | maintained by the contracting authority and dispersed for a |
26 | capital repair and improvement project upon request by the |
27 | operating entity. |
28 | Section 1605-B. Keystone Opportunity Zone. |
29 | Within 30 days of the effective date of this section, the |
30 | city shall apply to the department to decertify and remove the |
|
1 | designation of all or part of the Keystone Opportunity Zone in |
2 | accordance with section 309 of the act of October 6, 1998 |
3 | (P.L.705, No.92), known as the Keystone Opportunity Zone, |
4 | Keystone Opportunity Expansion Zone and Keystone Opportunity |
5 | Improvement Zone Act. The department shall act on the |
6 | application within 30 days. |
7 | Section 1606-B. Duration. |
8 | The neighborhood improvement zone shall be in effect for a |
9 | period equal to the length of time of the bonds that are |
10 | initially issued. |
11 | ARTICLE XVI-E |
12 | OIL AND GAS WELLS |
13 | SUBARTICLE A |
14 | PRELIMINARY PROVISIONS |
15 | Section 1601-E. Definitions. |
16 | The following words and phrases when used in this article |
17 | shall have the meanings given to them in this subarticle unless |
18 | the context clearly indicates otherwise: |
19 | "Department." The Department of Conservation and Natural |
20 | Resources. |
21 | "Fund." The Oil and Gas Lease Fund established under the act |
22 | of December 15, 1955 (P.L.865, No.256), entitled, "An act |
23 | requiring rents and royalties from oil and gas leases of |
24 | Commonwealth land to be placed in a special fund to be used for |
25 | conservation, recreation, dams, and flood control; authorizing |
26 | the Secretary of Forests and Waters to determine the need for |
27 | and location of such projects and to acquire the necessary |
28 | land." |
29 | "Marcellus well." An active production well certified by the |
30 | Department of Environmental Protection as a well from which gas |
|
1 | from the Marcellus Shale formation as determined by the United |
2 | States Geological Survey was extracted during the fiscal year, |
3 | including wells on Commonwealth and non-Commonwealth land. |
4 | Section 1602-E. Appropriation. |
5 | Notwithstanding any other provision of law and except as |
6 | provided in section 1603-E, no money in the fund from royalties |
7 | may be expended unless appropriated by the General Assembly. In |
8 | making appropriations, the General Assembly shall consider the |
9 | adoption of an allocation to municipalities impacted by a |
10 | Marcellus well. |
11 | Section 1603-E. Department of Conservation and Natural |
12 | Resources. |
13 | Subject to the availability of money in the fund, up to |
14 | $50,000,000 from the fund from royalties shall be appropriated |
15 | annually to the department to carry out the purposes set forth |
16 | in the act of December 15, 1955 (P.L.865, No.256), entitled "An |
17 | act requiring rents and royalties from oil and gas leases of |
18 | Commonwealth land to be placed in a special fund to be used for |
19 | conservation, recreation, dams, and flood control; authorizing |
20 | the Secretary of Forests and Waters to determine the need for |
21 | and location of such projects and to acquire the necessary |
22 | land." The department shall give preference to the operation and |
23 | maintenance of State parks and forests. |
24 | Section 1604-E. Transfer. |
25 | Notwithstanding section 1603-E or any other provision of law, |
26 | in fiscal year 2009-2010 the amount of $60,000,000 shall be |
27 | transferred from the fund to the General Fund. |
28 | Section 3.1. Sections 1731-A and 1732-A of the act, added |
29 | July 7, 2005 (P.L.174, No.41), are reenacted and amended to |
30 | read: |
|
1 | Section 1731-A. State Workers' Insurance Board. |
2 | Notwithstanding any inconsistent provisions of section 1512 |
3 | of the act of June 2, 1915 (P.L.736, No.338), known as the |
4 | Workers' Compensation Act, section 504 of the act of November |
5 | 30, 1965 (P.L.847, No.356), known as the Banking Code of 1965, |
6 | section 922 of the act of December 14, 1967 (P.L.746, No.345), |
7 | known as the Savings Association Code of 1967, and any other law |
8 | of this Commonwealth, the power of the State Workers' Insurance |
9 | Board to invest money shall include the power to hold, purchase, |
10 | sell, assign, transfer and dispose of securities, including |
11 | common stock with the following restrictions: |
12 | (1) Investments in equities may not exceed the lesser |
13 | of: |
14 | (i) 20% of the State Workers' Insurance Fund's |
15 | assets; or |
16 | (ii) the State Workers' Insurance Fund's statutory |
17 | surplus after discount, except that in the event that the |
18 | statutory surplus is less than 7 1/2% of the book value |
19 | of the assets of the State Workers' Insurance Fund, the |
20 | investment in equities may not exceed the percentage set |
21 | forth in the provisions applicable to savings banks in |
22 | section 504 of the Banking Code of 1965. |
23 | (1.1) Investments in equities shall be made subject to |
24 | the prudent man rule of section 504(c) of the Banking Code of |
25 | 1965. |
26 | (2) The State Workers' Insurance Board shall establish a |
27 | policy for investments and shall meet at least annually to |
28 | develop a schedule for rebalancing its investments in |
29 | securities to meet the restriction of paragraph (1). |
30 | Section 1732-A. Expiration. |
|
1 | This subarticle shall expire June 30, [2009] 2010. |
2 | Section 3.2. Article XVII-A of the act is amended by adding |
3 | subarticles to read: |
4 | SUBARTICLE H |
5 | PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT |
6 | AND TOURISM FUND |
7 | Section 1771-A. Definitions. |
8 | The following words and phrases when used in this subarticle |
9 | shall have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Affiliated entity." Any of the following: |
12 | (1) A subsidiary or holding company of a lobbying firm |
13 | or other business entity owned in whole or in part by a |
14 | lobbying firm. |
15 | (2) An organization recognized by the Internal Revenue |
16 | Service as a tax-exempt organization under section 501(c) of |
17 | the Internal Revenue Code of 1986 (Public Law 99-514, 26 |
18 | U.S.C. § 501(c)) established by a lobbyist or lobbying firm |
19 | or an affiliated entity. |
20 | "Authority." The Commonwealth Financing Authority. |
21 | "Eligible applicant." As defined in the H2O PA Act. |
22 | "H2O PA Act." The act of July 9, 2008 (P.L.908, No.63), |
23 | known as the H2O PA Act. |
24 | "High hazard unsafe dam." As defined in the H2O PA Act. |
25 | "Lobbying." The term shall have the meaning given to it in |
26 | 65 Pa.C.S. § 13A03 (relating to definitions). The term shall |
27 | also include an effort to influence the action of the authority |
28 | or the Department of Community and Economic Development relating |
29 | to the approval, award, receipt or denial of a grant under the |
30 | H2O PA Act. |
|
1 | "Project." As defined in the H2O PA Act. |
2 | Section 1772-A. Certification of funds. |
3 | On or before January 1 of each year, the Secretary of the |
4 | Budget shall certify to the authority and the State Treasurer |
5 | the amount of funds available for transfer from the Gaming |
6 | Economic Development and Tourism Fund under the provisions of |
7 | section 301 of the H2O PA Act, for the next fiscal year. |
8 | Section 1773-A. Request for appropriation. |
9 | If inadequate funds are available to the authority to pay all |
10 | the costs related to indebtedness incurred to fund projects |
11 | under the H2O PA Act after the transfer of funds from the Gaming |
12 | Economic Development and Tourism Fund under section 301 of the |
13 | H2O PA Act, the Secretary of the Budget on behalf of the |
14 | authority shall seek an appropriation from the General Fund to |
15 | fully pay the costs. |
16 | Section 1774-A. Amount of grants. |
17 | Notwithstanding the provisions of section 501(d) of the H2O |
18 | PA Act, grants shall be made as follows: |
19 | (1) A minimum of $85,000,000 shall be awarded to flood |
20 | control projects. |
21 | (2) A minimum of $50,000,000 shall be awarded to high- |
22 | hazard unsafe dam projects. No more than $20,000,000 may go |
23 | to an eligible applicant that is the Commonwealth or an |
24 | independent agency. |
25 | Section 1775-A. Eligible applicants. |
26 | Notwithstanding any other provision of the H2O PA Act to the |
27 | contrary, a not-for-profit organization that owns a high-hazard |
28 | unsafe dam and has filed with the authority an application for a |
29 | grant under section 502(a)(3) of the H2O PA Act prior to the |
30 | effective date of this section shall be an eligible applicant |
|
1 | for a grant under section 502(a)(3) of the H2O PA Act. |
2 | Section 1776-A. Prohibited activities. |
3 | (a) Limitation on giving compensation.--A person or its |
4 | affiliated entity may not compensate or incur an obligation to |
5 | compensate a person to engage in lobbying for compensation |
6 | contingent in whole or in part upon the approval, award, receipt |
7 | or denial of a grant under Chapters 1 through 7 of the H2O PA |
8 | Act. |
9 | (b) Limitation on receiving compensation.--A person or its |
10 | affiliated entity may not engage in or agree to engage in |
11 | lobbying for compensation contingent in whole or in part upon |
12 | the approval, award, receipt or denial of any grant under |
13 | Chapters 1 through 7 of the H2O PA Act. |
14 | (c) Inapplicability.--The provisions of this section shall |
15 | not apply to an eligible applicant that compensates a person to |
16 | prepare or assist in the preparation of a grant application and |
17 | related materials for submission to the authority under the H2O |
18 | PA Act if the following requirements are met: |
19 | (1) The person is not identified in the submitted |
20 | application. |
21 | (2) The person has no direct contact with the authority, |
22 | unless the person is responding to requests for additional |
23 | information or clarification. |
24 | (3) The person is paid a fixed fee for the preparation |
25 | or assistance or a percentage of the amount of any grant |
26 | approved, awarded or received of up to .5%. |
27 | (d) Violation.--A violation of this section shall be |
28 | considered an intentional violation of 65 Pa.C.S. § 13A09(e) |
29 | (relating to penalties). |
30 | SUBARTICLE I |
|
1 | WATER AND SEWER SYSTEMS |
2 | ASSISTANCE BOND FUND |
3 | Section 1781-A. Definitions. |
4 | The following words and phrases when used in this subarticle |
5 | shall have the meanings given to them in this section unless the |
6 | context clearly indicates otherwise: |
7 | "Assistance Act." The act of July 9, 2008 (P.L.915, No.64), |
8 | known as the Water and Sewer Systems Assistance Act. |
9 | "Fund." The Water and Sewer Systems Assistance Bond Fund. |
10 | "Issuing officials." The Governor, the Auditor General and |
11 | the State Treasurer. |
12 | "Nutrient credit." As defined in the Assistance Act. |
13 | "Project." As defined in the Assistance Act. |
14 | "Municipality." As defined in the Assistance Act. |
15 | Section 1782-A. Water and Sewer Systems Assistance Bond Fund. |
16 | (a) Establishment.--The Water and Sewer Systems Assistance |
17 | Bond Fund, which is created in the State Treasury, shall be the |
18 | source from which all payments are authorized, with the approval |
19 | of the Governor, to carry out the purposes of this section and |
20 | as otherwise provided for in the Assistance Act. |
21 | (b) Purpose of fund.--The money in the fund shall only be |
22 | utilized in accordance with the provisions of the Assistance Act |
23 | for grants and loans to municipalities, public utilities and |
24 | other entities implementing eligible projects and for the |
25 | purchase or trading of nutrient credits. |
26 | (c) Exemption.--Money in the fund is exempt and not to be |
27 | considered under the limitations of section 5(c)(2) of the act |
28 | of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania |
29 | Infrastructure Investment Authority Act. |
30 | Section 1783-A. Commonwealth indebtedness. |
|
1 | (a) Borrowing authorized.-- |
2 | (1) If the electorate approves a referendum question, in |
3 | accordance with the provisions of the Assistance Act, for |
4 | incurring indebtedness in the amount and for the purposes |
5 | prescribed in the Assistance Act and this article, the |
6 | issuing officials, pursuant to the provisions of section 7(a) |
7 | (3) of Article VIII of the Constitution of Pennsylvania, are |
8 | authorized and directed to borrow, on the credit of the |
9 | Commonwealth, money not exceeding in the aggregate the sum of |
10 | $400,000,000, in increments of not more than $150,000,000 |
11 | every year over a three-year period after the effective date |
12 | of this section, not including money borrowed to refund |
13 | outstanding bonds, notes or replacement notes, as may be |
14 | found necessary to carry out the purposes of the Assistance |
15 | Act. |
16 | (2) As evidence of the indebtedness, general obligation |
17 | bonds of the Commonwealth shall be issued to provide money |
18 | necessary to carry out the purposes of the Assistance Act for |
19 | the total amounts, in the form, in the denominations and |
20 | subject to the terms and conditions of issue, redemption and |
21 | maturity, rate of interest and time of payment of interest, |
22 | as the issuing officials direct, except that the latest |
23 | stated maturity date shall not exceed 20 years from the date |
24 | of the first obligation issued to evidence the debt. |
25 | (3) All bonds and notes issued under the authority of |
26 | the Assistance Act must bear facsimile signatures of the |
27 | issuing officials and a facsimile of the Great Seal of the |
28 | Commonwealth and must be countersigned by an authorized |
29 | officer of an authorized loan and transfer agent of the |
30 | Commonwealth. |
|
1 | (4) All bonds and notes issued in accordance with the |
2 | provisions of this section shall be direct obligations of the |
3 | Commonwealth, and the full faith and credit of the |
4 | Commonwealth is pledged for the payment of the interest on |
5 | them, as it becomes due, and for the payment of the principal |
6 | at maturity. The principal of and interest on the bonds and |
7 | notes shall be payable in lawful money of the United States. |
8 | (5) All bonds and notes issued under the provisions of |
9 | this section shall be exempt from taxation for State and |
10 | local purposes. |
11 | (6) The bonds may be issued as coupon bonds or |
12 | registered as to both principal and interest as the issuing |
13 | officials determine. If interest coupons are attached, they |
14 | shall contain the facsimile signature of the State Treasurer. |
15 | (7) The issuing officials shall provide for amortization |
16 | of the bonds in substantial and regular amounts over the term |
17 | of the debt so that the bonds of each issue allocated to the |
18 | project to be funded from the bond issue shall mature within |
19 | a period not to exceed the appropriate amortization period |
20 | for each project as specified by the issuing officials, but |
21 | in no case in excess of 20 years. The first retirement of |
22 | principal shall be stated to mature prior to the expiration |
23 | of a period of time equal to one-tenth of the time from the |
24 | date of the first obligation issued to evidence the debt to |
25 | the date of the expiration of the term of the debt. |
26 | Retirements of principal shall be regular and substantial if |
27 | made in annual or semiannual amounts, whether by stated |
28 | serial maturities or by mandatory sinking fund retirements. |
29 | (8) The issuing officials are authorized to provide by |
30 | resolution for the issuance of refunding bonds for the |
|
1 | purpose of refunding any debt issued under the provisions of |
2 | the Assistance Act and this article and outstanding, either |
3 | by voluntary exchange with the holders of the outstanding |
4 | debt or by providing funds to redeem and retire the |
5 | outstanding debt with accrued interest, any premium payable |
6 | on the debt and the costs of issuance and retirement of the |
7 | debt, at maturity or at any call date. The issuance of the |
8 | refunding bonds, the maturities and other details of the |
9 | refunding bonds, the rights of the holders of the refunding |
10 | bonds and the duties of the issuing official in respect to |
11 | the refunding bonds shall be governed by the applicable |
12 | provisions of this section. Refunding bonds, which are not |
13 | subject to the aggregate limitation of $400,000,000 of debt |
14 | to be issued under the Assistance Act, may be issued by the |
15 | issuing officials to refund debt originally issued or to |
16 | refund bonds previously issued for refunding purposes. |
17 | (9) If action is to be taken or decision made by the |
18 | issuing officials and the issuing officials are not able |
19 | unanimously to agree, the action or decision of the Governor |
20 | and either the Auditor General or the State Treasurer shall |
21 | be binding and final. |
22 | (b) Sale of bonds.-- |
23 | (1) When bonds are issued, they shall be offered for |
24 | sale at not less than 98% of the principal amount and accrued |
25 | interest and shall be sold by the issuing officials to the |
26 | highest and best bidder or bidders after due public |
27 | advertisement on the terms and conditions and upon open |
28 | competitive bidding as the issuing officials direct. The |
29 | manner and character of the advertisement and the time of |
30 | advertising shall be prescribed by the issuing officials. No |
|
1 | commission shall be allowed or paid for the sale of any bonds |
2 | issued under the authority of the Assistance Act and this |
3 | article. |
4 | (2) Any portion of any bond issue so offered and not |
5 | sold or subscribed for at public sale may be disposed of by |
6 | private sale by the issuing officials in the manner and at |
7 | prices, not less than 98% of the principal amount and accrued |
8 | interest, as the Governor directs. No commission shall be |
9 | allowed or paid for the sale of any bonds issued under the |
10 | authority of the Assistance Act. |
11 | (3) When bonds are issued, the bonds of each issue shall |
12 | constitute a separate series to be designated by the issuing |
13 | officials or may be combined for sale as one series with |
14 | other general obligation bonds of the Commonwealth. |
15 | (4) Until permanent bonds can be prepared, the issuing |
16 | officials may issue, in lieu of permanent bonds, temporary |
17 | bonds in the form and with the privileges as to registration |
18 | and exchange for permanent bonds as determined by the issuing |
19 | officials. |
20 | (5) The proceeds realized from the sale of bonds and |
21 | notes, except refunding bonds and replacement notes, under |
22 | the provisions of the Assistance Act and this article shall |
23 | be paid into the fund. The proceeds shall be paid by the |
24 | State Treasurer periodically to those Commonwealth officers |
25 | and Commonwealth agencies authorized to expend them at the |
26 | times and in the amounts necessary to satisfy the funding |
27 | needs of those Commonwealth agencies. The proceeds of the |
28 | sale of refunding bonds and replacement notes shall be paid |
29 | to the State Treasurer and applied to the payment of |
30 | principal, any accrued interest and premium and the cost of |
|
1 | redemption of the bonds and notes for which the obligations |
2 | shall have been issued. |
3 | (6) Pending application for the purposes authorized, |
4 | money held or deposited by the State Treasurer may be |
5 | invested or reinvested as are other funds in the custody of |
6 | the State Treasurer in the manner provided by law. All |
7 | earnings received from the investment or deposit of the funds |
8 | shall be paid into the State Treasury to the credit of the |
9 | fund. The earnings in excess of bond discounts allowed, |
10 | expenses paid for the issuance of bonds and notes and |
11 | interest arbitrage rebates due to the Federal Government |
12 | shall be transferred annually to the fund. Any interest or |
13 | investment income shall be applied to assist in the payment |
14 | of the debt service incurred in connection with the |
15 | Assistance Act and this article. |
16 | (7) The Auditor General shall prepare the necessary |
17 | registry book to be kept in the office of the authorized loan |
18 | and transfer agent of the Commonwealth for the registration |
19 | of any bonds, at the request of owners of the bonds, |
20 | according to the terms and conditions of issue directed by |
21 | the issuing officials. |
22 | (8) There is appropriated to the State Treasurer from |
23 | the fund as much money as may be necessary for all costs and |
24 | expenses in connection with the issue of and sale and |
25 | registration of the bonds and notes in connection with the |
26 | Assistance Act and this article and the payment of interest |
27 | arbitrage rebates or proceeds of the bonds and notes. |
28 | (c) Temporary financing authorization.-- |
29 | (1) Pending the authorized issuance of bonds of the |
30 | Commonwealth, the issuing officials are authorized, in |
|
1 | accordance with the provisions of the Assistance Act and this |
2 | article and on the credit of the Commonwealth, to make |
3 | temporary borrowings not to exceed three years in |
4 | anticipation of the issue of bonds in order to provide funds |
5 | in the amounts deemed advisable prior to the issue of bonds. |
6 | In order to provide for and in connection with the temporary |
7 | borrowings, the issuing officials are authorized in the name |
8 | and on behalf of the Commonwealth to enter into any purchase, |
9 | loan or credit agreement or other agreement with any bank, |
10 | trust company or other lending institution, investment |
11 | banking firm or person, in the United States having power to |
12 | enter into the agreement. The agreement may contain |
13 | provisions which are not inconsistent with the provisions of |
14 | the Assistance Act or this article and authorized by the |
15 | issuing officials. |
16 | (2) All temporary borrowings made under this section |
17 | shall be evidenced by notes of the Commonwealth, which shall |
18 | be issued for amounts not exceeding in the aggregate the |
19 | applicable statutory and constitutional debt limitation in |
20 | the form and denominations and subject to terms and |
21 | conditions of sale and issue, prepayment or redemption and |
22 | maturity, rate of interest and time of payment of interest as |
23 | the issuing officials authorize and direct in accordance with |
24 | the Assistance Act and this article. The authorization and |
25 | direction may provide for the subsequent issuance of |
26 | replacement notes to refund outstanding notes or replacement |
27 | notes. The replacement notes shall, upon issuance, evidence |
28 | the borrowing and may specify other terms and conditions with |
29 | respect to the notes and replacement notes as the issuing |
30 | officials determine and direct. |
|
1 | (3) If the authorization and direction of the issuing |
2 | officials provide for the issuance of replacement notes, the |
3 | following shall apply: |
4 | (i) The issuing officials may, on behalf of the |
5 | Commonwealth, issue, enter into or authorize and direct |
6 | the State Treasurer to enter into an agreement with any |
7 | bank, trust company, investment banking firm or other |
8 | institution or person, in the United States having the |
9 | power to enter the agreement: |
10 | (A) To purchase or underwrite an issue or series |
11 | of issues or notes. |
12 | (B) To credit, enter into a purchase, loan or |
13 | credit agreement, draw money pursuant to the |
14 | agreement on the terms and conditions set forth in |
15 | the agreement and issue notes as evidence of |
16 | borrowings made under the agreements. |
17 | (C) To appoint an issuing and payment agent or |
18 | agents with respect to the notes. |
19 | (D) To do other acts necessary or appropriate to |
20 | provide for the payment, when due, of the interest on |
21 | and the principal of the notes. |
22 | (ii) The agreements may provide for the compensation |
23 | of purchasers or underwriters of notes or replacement |
24 | notes by discounting the purchase price of the notes or |
25 | by payment of a fixed fee or commission at the time of |
26 | issuance. All other costs and expenses, including fees |
27 | for agreements related to the notes, issuing and paying |
28 | agent costs and costs and expenses of issuance, may be |
29 | paid from the proceeds of the notes. |
30 | (4) If the issuing officials provide for the issuance of |
|
1 | replacement notes all subject to the authorization and |
2 | direction of the issuing officials, the following apply: |
3 | (i) At or prior to the time of delivery of the notes |
4 | or replacement notes, the State Treasurer shall determine |
5 | the principal amount, date of issue, interest rate or |
6 | procedure for establishing interest rate, rate of |
7 | discount, denominations and all other terms and |
8 | conditions relating to the issuance. |
9 | (ii) The State Treasurer shall perform all acts |
10 | necessary to pay or cause to be paid, when due, all |
11 | principal of and interest on the notes being refunded by |
12 | replacement notes and to assure that the replacement |
13 | notes may draw upon any money available for that purpose |
14 | pursuant to any purchase, loan or credit agreement |
15 | established with respect to the replacement notes. |
16 | (5) Outstanding notes evidencing the borrowings may be |
17 | funded and retired by the issuance and sale of the bonds of |
18 | the Commonwealth as authorized in this subarticle. The |
19 | refunding bonds shall be issued and sold no later than a date |
20 | three years after the date of issuance of the first notes |
21 | evidencing the borrowings to the extent that payment of the |
22 | notes has not otherwise been made or provided for by sources |
23 | other than proceeds of replacement notes. |
24 | (6) The proceeds of all the temporary borrowing shall be |
25 | paid to the State Treasurer to be held and disposed of in |
26 | accordance with the provisions of the Assistance Act and this |
27 | article. |
28 | (d) Debt retirement.-- |
29 | (1) All bonds issued under the Assistance Act and this |
30 | article shall be redeemed at maturity, together with all |
|
1 | interest due on the bonds; and these principal and interest |
2 | payments shall be paid from the Water and Sewer Systems |
3 | Assistance Bond Sinking Fund, which is created. For the |
4 | specific purpose of redeeming the bonds at maturity and |
5 | paying all interest on the bonds in accordance with the |
6 | information received from the Governor, the General Assembly |
7 | shall appropriate money to the Water and Sewer Systems |
8 | Assistance Bond Sinking Fund for the payment of interest on |
9 | the bonds and notes and their principal at maturity. All |
10 | money paid into the Water and Sewer Systems Assistance Bond |
11 | Sinking Fund and all of the money not necessary to pay |
12 | accruing interest shall be invested by the State Treasurer in |
13 | the securities as are provided by law for the investment of |
14 | the sinking funds of the Commonwealth. |
15 | (2) The State Treasurer, with the approval of the |
16 | Governor, may use any of the money in the fund not necessary |
17 | to conduct the referendum authorizing the indebtedness |
18 | necessary to carry out the Assistance Act and this article to |
19 | purchase and retire of all or part of the bonds and notes |
20 | issued pursuant to the Assistance Act and this article. If |
21 | all or part of the bonds and notes are purchased, they shall |
22 | be canceled and returned to the loan and transfer agent as |
23 | canceled and paid bonds and notes. Following the purchase, |
24 | all payments of interest on the bonds and notes shall cease. |
25 | The canceled bonds, notes and coupons, together with any |
26 | other canceled bonds, notes and coupons, shall be destroyed |
27 | as promptly as possible, but no later than two years after |
28 | cancellation. A certification evidencing the destruction of |
29 | the canceled bonds, notes and coupons shall be provided by |
30 | the loan and transfer agent to the issuing officials. All |
|
1 | canceled bonds, notes and coupons shall be marked to make the |
2 | canceled bonds, notes and coupons nonnegotiable. |
3 | (3) The State Treasurer shall determine and report to |
4 | the Secretary of the Budget by November 1 of each year the |
5 | amount of money necessary for the payment of interest on |
6 | outstanding obligations and the principal of the obligations, |
7 | if any, for the following fiscal year and the times and |
8 | amounts of the payments. The Governor shall include in every |
9 | budget submitted to the General Assembly full information |
10 | relating to the issuance of bonds and notes under the |
11 | Assistance Act and this article and the status of the Water |
12 | and Sewer Systems Assistance Bond Sinking Fund for the |
13 | payment of interest on the bonds and notes and their |
14 | principal at maturity. |
15 | (4) The General Assembly shall appropriate an amount |
16 | equal to the sums necessary to meet repayment obligations for |
17 | principal and interest for deposit into the Water and Sewer |
18 | Systems Assistance Bond Sinking Fund. |
19 | (e) Expiration.--Authorization to issue bonds and notes, not |
20 | including refunding bonds and replacement notes, for the purpose |
21 | of the Assistance Act and this article shall expire ten years |
22 | from the effective date of this section. |
23 | Section 4. Sections 1721-E, 1722-E, 1723-E, 1733-E and 1735- |
24 | E of the act, added July 17, 2007 (P.L.141, No.42), are amended |
25 | to read: |
26 | Section 1721-E. Department of Corrections [(Reserved)]. |
27 | The following shall apply to appropriations for the |
28 | Department of Corrections: |
29 | (1) When making expenditures from appropriations for the |
30 | operation of State correctional institutions, the Department |
|
1 | of Corrections shall give consideration to minimum relief |
2 | factor values calculated when determining staffing levels for |
3 | corrections officers and food service instructors at each |
4 | State correctional institution. |
5 | (2) (Reserved). |
6 | Section 1722-E. Department of Education [(Reserved)]. |
7 | (a) General rule.--For the 2010-2011 school year and every |
8 | school year thereafter, payments under section 1376.1(b.2) of |
9 | the act of March 10, 1949 (P.L.30, No.14), known as the Public |
10 | School Code of 1949, for a chartered school that establishes a |
11 | satellite campus with the approval of the department for the |
12 | purpose of enrolling students previously enrolled in a school |
13 | for the deaf formerly operated by the Commonwealth shall, in |
14 | addition to any amount otherwise calculated under section |
15 | 1376.1(b.2), include the amount provided in fiscal year |
16 | 2009-2010 pursuant to section 1722-J(10)(ii). The total shall be |
17 | subject to the annual adjustment under section 1376.1(b.2)(1) of |
18 | the Public School Code of 1949. |
19 | (b) Additional funding.--For the 2010-2011 and 2011-2012 |
20 | school years, in addition to any other funds provided to it, the |
21 | department shall provide to a chartered school that establishes |
22 | a satellite campus with approval of the department for the |
23 | purpose of enrolling students previously enrolled in a school |
24 | for the deaf formerly operated by the Commonwealth, out of funds |
25 | appropriated to the department, an amount equal to $500,000 |
26 | annually to the extent appropriated by the General Assembly. |
27 | Section 1723-E. Department of Environmental Protection |
28 | [(Reserved)]. |
29 | The Department of Environmental Protection may assess a fee |
30 | to applicants who apply for funds under section 306 of the act |
|
1 | of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known as the |
2 | Alternative Energy Investment Act. The department shall publish |
3 | the fee on its publicly accessible Internet website. Proceeds |
4 | from the fee shall be used to administer the provision of loans, |
5 | grants, reimbursements or rebates under section 306 of the |
6 | Alternative Energy Investment Act. No fee authorized under this |
7 | section may exceed $150 for commercial applicants and $100 for |
8 | residential applicants. |
9 | Section 1733-E. Pennsylvania State Police [(Reserved)]. |
10 | The following shall apply to appropriations for the |
11 | Pennsylvania State Police: |
12 | (1) The Pennsylvania State Police may not close a |
13 | barracks until the Pennsylvania State Police conducts a |
14 | public hearing and provides 30 days' notice, which shall be |
15 | published in the Pennsylvania Bulletin and in at least two |
16 | local newspapers. |
17 | (2) (Reserved). |
18 | Section 1735-E. Pennsylvania Emergency Management Agency |
19 | [(Reserved)]. |
20 | The Pennsylvania Emergency Management Agency shall provide |
21 | semiannual reports of all grants awarded by the Pennsylvania |
22 | Emergency Management Agency from Federal disaster assistance or |
23 | relief funds, homeland security and defense funds, avian |
24 | flu/pandemic preparedness or other public health emergency funds |
25 | to the chairman and minority chairman of the Appropriations |
26 | Committee of the Senate and the chairman and minority chairman |
27 | of the Appropriations Committee of the House of Representatives. |
28 | The reports shall include information relating to the entity |
29 | receiving grant money from the agency, including the name and |
30 | address of the entity, the amount of the grant, the date of |
|
1 | issuance and the purpose of the grant. Reports shall be |
2 | submitted by August 15 for grants awarded during the period from |
3 | January 1 through June 30 and by February 15 for grants awarded |
4 | during the period from July 1 through December 31. |
5 | Section 5. The act is amended by adding articles to read: |
6 | ARTICLE XVII-J |
7 | 2009-2010 BUDGET IMPLEMENTATION |
8 | SUBARTICLE A |
9 | PRELIMINARY PROVISIONS |
10 | Section 1701-J. Applicability. |
11 | Except as specifically provided in this article, this article |
12 | applies to the General Appropriation Act of 2009, the |
13 | Supplemental Appropriation Act of 2009 and, as appropriate, all |
14 | other appropriation acts of 2009. |
15 | Section 1702-J. Definitions and abbreviations. |
16 | (a) Definitions.--The following words and phrases when used |
17 | in this article shall have the meanings given to them in this |
18 | section unless the context clearly indicates otherwise: |
19 | "General Appropriation Act." The act of August 5, 2009 (P.L. |
20 | , No.1A), known as the General Appropriation Act of 2009, and |
21 | the act of , 2009 (P.L. , No. ), known as the |
22 | Supplemental Appropriation Act of 2009. |
23 | "Secretary." The Secretary of the Budget of the |
24 | Commonwealth. |
25 | (b) Abbreviations.--The following abbreviations when used in |
26 | this article shall have the meanings given to them in this |
27 | section: |
28 | "AIDS." Acquired Immune Deficiency Syndrome. |
29 | "ARC." Appalachian Regional Commission. |
30 | "ARRA." The American Recovery and Reinvestment Act of 2009 |
|
1 | (Public Law 111-5, 123 Stat. 115). |
2 | "BG." Block Grant. |
3 | "CCDFBG." Child Care and Development Fund Block Grant. |
4 | "Chartered school." A school chartered by the Commonwealth. |
5 | "CSBG." Community Services Block Grant. |
6 | "DCSI." Drug Control and Systems Improvement Formula Grant |
7 | Program. |
8 | "DFSC." The Safe and Drug-Free Schools and Communities Act |
9 | (Public Law 107-110, 20 U.S.C. § 7101 et seq.). |
10 | "DOE." Department of Energy. |
11 | "EEOC." Equal Employment Opportunity Commission. |
12 | "EPA." Environmental Protection Agency. |
13 | "ESEA." The Elementary and Secondary Education Act of 1965 |
14 | (Public Law 89-10, 20 U.S.C. § 6301 et seq.). |
15 | "FEMA." Federal Emergency Management Agency. |
16 | "FTA." Federal Transit Administration. |
17 | "HUD." Department of Housing and Urban Development. |
18 | "LIHEABG." Low-Income Home Energy Assistance Block Grant. |
19 | "LSTA." The Library Services and Technology Act (Public Law |
20 | 104-208, 20 U.S.C. § 9101 et seq.). |
21 | "MCHSBG." Maternal and Child Health Services Block Grant. |
22 | "MHSBG." Mental Health Services Block Grant. |
23 | "MR." Mental Retardation. |
24 | "PAFE." Pennsylvania Agricultural Food Exposition. |
25 | "PHHSBG." Preventive Health and Health Services Block Grant. |
26 | "RSAT." Residential Substance Abuse Treatment. |
27 | "SABG." Substance Abuse Block Grant. |
28 | "SCDBG." Small Communities Development Block Grant. |
29 | "SDA." Service Delivery Area. |
30 | "SSBG." Social Services Block Grant. |
|
1 | "TANF." Temporary Assistance for Needy Families. |
2 | "TANFBG." Temporary Assistance for Needy Families Block |
3 | Grant. |
4 | "TEFAP." Temporary Emergency Food Assistance Program. |
5 | "WIA." The Workforce Investment Act of 1998 (Public Law |
6 | 105-220, 112 Stat. 936). |
7 | "WIC." Women, Infants and Children Program. |
8 | Section 1703-J. Warrants (Reserved). |
9 | SUBARTICLE B |
10 | EXECUTIVE DEPARTMENT |
11 | Section 1711-J. Governor (Reserved). |
12 | Section 1712-J. Executive Offices. |
13 | The following shall apply to appropriations for the Executive |
14 | Offices: |
15 | (1) Funds appropriated for public television station |
16 | grants shall be paid in an amount equal to the formula award |
17 | amount determined by the Pennsylvania Public Television |
18 | Commission for fiscal year 2008-2009. If insufficient funds |
19 | are appropriated, such payments shall be paid on a pro rata |
20 | basis. |
21 | (2) (Reserved). |
22 | Section 1713-J. Lieutenant Governor (Reserved). |
23 | Section 1714-J. Attorney General (Reserved). |
24 | Section 1715-J. Auditor General (Reserved). |
25 | Section 1716-J. Treasury Department (Reserved). |
26 | Section 1717-J. Department of Aging (Reserved). |
27 | Section 1718-J. Department of Agriculture (Reserved). |
28 | Section 1719-J. Department of Community and Economic |
29 | Development. |
30 | The sum of $12,000,000 shall be transferred from the Small |
|
1 | Business First Fund to the Machinery and Equipment Loan Fund to |
2 | be used in accordance with 12 Pa.C.S. § 2905 (relating to |
3 | eligibility for loans; terms and conditions). |
4 | Section 1720-J. Department of Conservation and Natural |
5 | Resources (Reserved). |
6 | Section 1721-J. Department of Corrections (Reserved). |
7 | Section 1722-J. Department of Education. |
8 | The following shall apply to appropriations for the |
9 | Department of Education from the General Appropriation Act: |
10 | (1) Notwithstanding any other provision of law, funds |
11 | received under the ARRA shall be spent in accordance with the |
12 | ARRA and applicable rules and guidelines developed by the |
13 | Federal Government. |
14 | (2) Notwithstanding any other provision of law, a board |
15 | of school directors of a school district may reopen its |
16 | 2009-2010 budget to reflect Federal and State allocations for |
17 | fiscal year 2009-2010 provided by the General Appropriation |
18 | Act. |
19 | (3) Annual payments from the appropriation to |
20 | institutions of higher learning for defraying the expenses of |
21 | hearing-impaired or sight-impaired students shall not exceed |
22 | $500 per student. |
23 | (4) Notwithstanding any other provision of law, Federal |
24 | and State funds shall be distributed to each community |
25 | college in an amount equal to the amount paid under section |
26 | 1913-A(b)(1.6) of the act of March 10, 1949 (P.L.30, No.14), |
27 | known as the Public School Code of 1949, during the 2008-2009 |
28 | fiscal year. If insufficient funds are appropriated, the |
29 | payments shall be made on a pro rata basis. |
30 | (5) Funds appropriated for special education payments to |
|
1 | school districts shall be distributed to each school district |
2 | in an amount equal to the amount paid during the 2008-2009 |
3 | school year under section 2509.5(zz) of the Public School |
4 | Code of 1949. If insufficient funds are appropriated, the |
5 | payments shall be made on a pro rata basis. |
6 | (6) (i) Funds appropriated for the Educational |
7 | Assistance Program shall be distributed to each school |
8 | entity in an amount equal to the amount paid during the |
9 | 2008-2009 school year. If insufficient funds are |
10 | appropriated, the payments shall be made on a pro rata |
11 | basis. |
12 | (ii) For purposes of the Educational Assistance |
13 | Program established in section 1502-C of the Public |
14 | School Code of 1949 and this paragraph, "school entity" |
15 | shall mean any of the following located in this |
16 | Commonwealth: a school district, joint school district, |
17 | area vocational-technical school or independent school. |
18 | (7) Funds appropriated for Pennsylvania accountability |
19 | grants shall be distributed to each school district in an |
20 | amount equal to the amount paid during the 2008-2009 school |
21 | year. If insufficient funds are appropriated, the payments |
22 | shall be made on a pro rata basis. |
23 | (8) The following shall apply to professional and |
24 | temporary professional employees of a school formerly |
25 | operated by the Commonwealth: |
26 | (i) The Commonwealth shall create a pool for each |
27 | school comprised of the professional and temporary |
28 | professional employees who have received formal notice of |
29 | suspension from the Commonwealth as a result of the |
30 | Commonwealth's decision to cease Commonwealth operation |
|
1 | of the school. |
2 | (ii) For the three school years immediately |
3 | following the formal notice of suspension from the |
4 | Commonwealth, employees in a pool created under |
5 | subparagraph (i) shall be offered employment by each |
6 | eligible school entity as determined under subparagraph |
7 | (iv) associated with the applicable pool created under |
8 | subparagraph (i), when that eligible school entity has a |
9 | vacancy for a position that an employee in the applicable |
10 | pool is properly certified to fill, provided that no |
11 | employee of the eligible school entity in which the |
12 | vacancy exists, including a suspended or demoted |
13 | employee, has a right to the vacancy under the Public |
14 | School Code of 1949 or the collective bargaining |
15 | agreement of the respective eligible school entity. |
16 | (iii) For the three school years immediately |
17 | following the formal notice of suspension from the |
18 | Commonwealth, no new employee shall be hired by an |
19 | eligible school entity as determined under subparagraph |
20 | (iv) associated with the applicable pool created under |
21 | subparagraph (i), until the position has been offered, in |
22 | order of seniority, to all properly certified members of |
23 | the applicable pool created under subparagraph (i). |
24 | (iv) For the purpose of subparagraphs (ii) and |
25 | (iii), an "eligible school entity" shall be determined as |
26 | follows: |
27 | (A) a school district, vocational-technical |
28 | school or intermediate unit, the administration |
29 | building of which is 17 miles or less from the |
30 | administration building of a school formerly operated |
|
1 | by the Commonwealth or a school district which is |
2 | adjacent to the school district in which a school |
3 | formerly operated by the Commonwealth was situate; or |
4 | (B) a school district with average daily |
5 | membership greater than or equal to 8,000, the |
6 | administration building of which is 45 miles or less |
7 | from the administration building of a school formerly |
8 | operated by the Commonwealth, and which relies on |
9 | State revenue for no less than 50% of the school |
10 | district's total budget in the most recent year for |
11 | which data has been published on the Department of |
12 | Education's public Internet website. |
13 | (9) (i) Employees hired from a pool under paragraph (8) |
14 | and former employees of a school formerly operated by the |
15 | Commonwealth who resigned from a school formerly operated |
16 | by the Commonwealth within the six months prior to the |
17 | effective date of an act of the General Assembly |
18 | declining to fund the school and who accepted employment |
19 | at a school district, intermediate unit or vocational- |
20 | technical school shall be credited by the hiring school |
21 | district, intermediate unit or vocational-technical |
22 | school for all sick leave accumulated in the school and |
23 | shall be credited for years of service in the school for |
24 | purposes of salary schedule placement. Employees shall |
25 | further be credited for their years of service in the |
26 | school for purposes of sabbatical leave eligibility, |
27 | suspension and realignment rights and eligibility for any |
28 | retirement incentives or severance payments in a hiring |
29 | school district, intermediate unit or vocational- |
30 | technical school. |
|
1 | (ii) Nothing in this paragraph shall be construed to |
2 | supersede or preempt any provision of an individual |
3 | employment agreement between a school district, |
4 | intermediate unit or vocational-technical school and an |
5 | employee entered into prior to the effective date of this |
6 | paragraph, or any provision of a collective bargaining |
7 | agreement in effect as of the effective date of this |
8 | paragraph and negotiated by a school entity and an |
9 | exclusive representative of the employees in accordance |
10 | with the act of July 23, 1970 (P.L.563, No.195), known as |
11 | the Public Employe Relations Act. |
12 | (10) The appropriation for the Scranton State School for |
13 | the Deaf - Transition funding shall be distributed as |
14 | follows: |
15 | (i) In addition to any other funding provided |
16 | pursuant to section 1376.1(b.2) of the Public School Code |
17 | of 1949, the Department of Education shall provide to |
18 | each chartered school in the 2009-2010 school year for |
19 | enrollment during the 2009-2010 school year for one or |
20 | more students who were enrolled as of May 1, 2009, in a |
21 | school for the deaf formerly operated by the |
22 | Commonwealth, an amount equal to the product of the |
23 | following: |
24 | (A) The number of students enrolled in the |
25 | chartered school as of October 1, 2009, who were |
26 | enrolled as of May 1, 2009, in a school for the deaf |
27 | formerly operated by the Commonwealth, divided by the |
28 | total number of such students enrolled in all |
29 | chartered schools as of October 1, 2009, who were |
30 | enrolled as of May 1, 2009, in a school for the deaf |
|
1 | formerly operated by the Commonwealth. |
2 | (B) Three million three hundred thousand |
3 | dollars. |
4 | (ii) In addition to any other funds provided to a |
5 | chartered school under subparagraph (i), the department |
6 | shall provide to each chartered school that establishes a |
7 | satellite campus with approval of the department for the |
8 | purpose of enrolling students previously enrolled in a |
9 | school for the deaf formerly operated by the |
10 | Commonwealth, the amount of $27,273 multiplied by the |
11 | number of students enrolled in the chartered school as of |
12 | October 1, 2009, who were enrolled as of May 1, 2009, in |
13 | a school for the deaf formerly operated by the |
14 | Commonwealth, provided that the total amount under this |
15 | subparagraph shall not exceed $2,100,000. |
16 | (11) The Department of Education, with assistance from |
17 | the Department of Public Welfare and the Juvenile Court |
18 | Judges Commission, shall submit a report to the General |
19 | Assembly by June 1, 2010, detailing the costs to school |
20 | districts and the Commonwealth to provide educational |
21 | services to children who are adjudicated delinquent and |
22 | committed to nonpublic residential facilities pursuant to 42 |
23 | Pa.C.S. § 6352 (relating to disposition of delinquent child) |
24 | for the 2008-2009 school year. The report shall identify the |
25 | following information relating to each facility: |
26 | (i) Facility location. |
27 | (ii) School district where each facility is located. |
28 | (iii) Provider of educational services at each |
29 | facility, including whether those services are under |
30 | contract or provided by an entity other than the |
|
1 | facility. |
2 | (iv) Department of Education's classification of the |
3 | education program at each facility. |
4 | (v) Number of students committed by the court |
5 | receiving educational services at each facility. |
6 | (vi) School district of residence for each student |
7 | committed by the court at each facility. |
8 | (vii) Tuition fee charged by the educational |
9 | services provider per student committed by the court at |
10 | each facility. |
11 | (viii) Entity responsible for each tuition payment |
12 | for each student committed by the court at each facility. |
13 | The term "facility" shall mean any nonpublic program |
14 | supervised or licensed pursuant to the act of June 13, 1967 |
15 | (P.L.31, No.21), known as the Public Welfare Code, that |
16 | provides out-of-home, residential services to a child who is |
17 | adjudicated delinquent. |
18 | (12) (i) Each school district shall take such steps as |
19 | necessary during fiscal year 2009-2010 in order to have |
20 | or maintain a certified safety committee by December 31, |
21 | 2010, for the purposes of section 1002(b) of the act of |
22 | June 2, 1915 (P.L.736, No.338), known as the Workers' |
23 | Compensation Act. The Department of Labor and Industry |
24 | shall provide the Department of Education with the list |
25 | of school districts who have a certified safety |
26 | committee. In the case of a school district that does not |
27 | submit evidence to the Department of Education that |
28 | complies with this paragraph, the Department of Education |
29 | shall deduct from any allocation from the Commonwealth to |
30 | which the school district is entitled the amount of the |
|
1 | discount the school district would otherwise receive |
2 | under section 1002(b) of the Workers' Compensation Act. |
3 | (ii) Subparagraph (i) shall not apply to a school |
4 | district that cannot receive a premium discount under |
5 | section 1002(b) of the Workers' Compensation Act, or an |
6 | equivalent reduction in contribution rates, by |
7 | establishing and maintaining a certified safety committee |
8 | because it is authorized to self-insure its liabilities |
9 | under section 305 of the Workers' Compensation Act or |
10 | pool its liabilities under section 802 of the Workers' |
11 | Compensation Act. |
12 | (13) Notwithstanding the provisions of 24 Pa.C.S. § |
13 | 8329(a) (relating to payments on account of social security |
14 | deductions from appropriations) when calculating payments by |
15 | the Commonwealth under 24 Pa.C.S. § 8329, the Department of |
16 | Education shall treat wages paid out of the ARRA State |
17 | Stabilization Fund or out of ARRA funds appropriated for |
18 | Individual with Disabilities Education (Part B - Preschool - |
19 | Age 3-5) as covered wages which are not federally funded. |
20 | (14) The following apply to libraries: |
21 | (i) Funds appropriated for libraries shall be |
22 | distributed to each library under the following formula: |
23 | (A) Divide the sum of the amount of funding that |
24 | the library received in fiscal year 2007-2008 under |
25 | section 2316 of the Public School Code of 1949 by the |
26 | total State-aid subsidy for fiscal year 2007-2008. |
27 | (B) Multiply the quotient under clause (A) by |
28 | the total State-aid subsidy for 2009-2010. |
29 | (ii) Following distribution of funds appropriated |
30 | for State aid to libraries, any remaining funds may be |
|
1 | distributed at the discretion of the State Librarian. |
2 | (iii) If funds appropriated for State aid to |
3 | libraries in fiscal year 2009-2010 are less than funds |
4 | appropriated in fiscal year 2002-2003, the State |
5 | Librarian may waive standards as prescribed in section |
6 | 103 of the act of June 14, 1961 (P.L.324, No.188), known |
7 | as The Library Code, relating to hours of operation, |
8 | continuing professional development, collections, |
9 | expenditures and other aspects of library operation. |
10 | (iv) (A) Each library system receiving State aid |
11 | under this subsection may distribute the local |
12 | library share of that aid in a manner as determined |
13 | by the board of directors of the library system. |
14 | (B) This subparagraph shall not apply to a |
15 | library system operating in a county of the second |
16 | class. |
17 | (15) (i) The Department of Education may utilize up to |
18 | $4,500,000 of undistributed funds not expended, |
19 | encumbered or committed from appropriations for grants |
20 | and subsidies made to the department to assist school |
21 | districts certified as an education empowerment district |
22 | under section 1705-B(h)(3) of the Public School Code of |
23 | 1949. |
24 | (ii) There is hereby established a restricted |
25 | account in the State Treasury from which payments under |
26 | this paragraph shall be paid. Funds shall be transferred |
27 | by the Secretary of the Budget to the restricted account |
28 | to the extent necessary to make payments under this |
29 | paragraph. Funds in the restricted account are hereby |
30 | appropriated to carry out the purposes of this paragraph. |
|
1 | The subsidy payment from this restricted account shall be |
2 | utilized to supplement the operational budget of the |
3 | eligible school districts. |
4 | (16) Notwithstanding section 2510.1 of the Public School |
5 | Code of 1949, payments made to school districts for the |
6 | instruction of homebound children shall only be made to the |
7 | extent funds are appropriated for this purpose. |
8 | (17) The appropriation for basic education funding shall |
9 | be distributed as follows: |
10 | (i) The Commonwealth shall pay to each school |
11 | district a basic education funding allocation for the |
12 | 2008-2009 school year which shall consist of the sum of |
13 | the following: |
14 | (A) An amount equal to the allocations received |
15 | by the school district for the 2007-2008 school year |
16 | under section 2502.48(d)(1) and (2) and (e) of the |
17 | Public School Code of 1949. |
18 | (B) If a school district has been declared a |
19 | Commonwealth partnership school district under |
20 | Article XVII-B of the Public School Code of 1949, an |
21 | amount equal to $2,000,000. |
22 | (C) (I) For a school district subject to |
23 | section 2502.48(d)(3)(i) of the Public School |
24 | Code of 1949, 27.82% of the amount determined |
25 | under section 2502.48(c)(1) of the Public School |
26 | Code of 1949. |
27 | (II) For a school district subject to |
28 | section 2502.48(d)(3)(ii) of the Public School |
29 | Code of 1949, 21.4% of the amount determined |
30 | under section 2502.48(c)(1) of the Public School |
|
1 | Code of 1949. |
2 | (III) Any additional amount required so that |
3 | the total amount provided under clause (A) and |
4 | this clause equals 2% greater than the amount |
5 | provided under section 2502.48(d) and (e) of the |
6 | Public School Code of 1949. |
7 | (ii) For the purpose of the calculation under |
8 | section 2502.48(c)(1) of the Public School Code of 1949, |
9 | for payments made under this subsection: |
10 | (A) The amount per student under section |
11 | 2502.48(a) of the Public School Code of 1949 shall be |
12 | increased by the index for the school year in which |
13 | funding will be paid. The term "index" shall have the |
14 | meaning given to it under section 2501 of the Public |
15 | School Code of 1949. |
16 | (B) The number used for the purpose of each |
17 | school district's calculation under section |
18 | 2502.48(b)(5)(ii)(B) of the Public School Code of |
19 | 1949 shall not be less than one. |
20 | (iii) Any increase in basic education funding under |
21 | this subsection shall qualify as an increase in basic |
22 | education funding for the purpose of section 2502.49 of |
23 | the Public School Code of 1949. The Department of |
24 | Education may grant a waiver for the use of up to 25% of |
25 | the funds subject to section 2502.49(a)(1) of the Public |
26 | School Code of 1949 if all of the following apply: |
27 | (A) The school district would otherwise be |
28 | required to reduce or eliminate one or more of the |
29 | programs listed under section 2502.49(a)(1) of the |
30 | Public School Code of 1949 due to a projected budget |
|
1 | shortfall. |
2 | (B) The funds subject to the waiver will be used |
3 | to maintain one or more existing programs listed |
4 | under section 2502.49(a)(1) of the Public School Code |
5 | of 1949. |
6 | (C) The school district has, in the |
7 | determination of the Department of Education, pursued |
8 | alternative opportunities for greater efficiency and |
9 | internal savings in order to fund the program or |
10 | programs without need for a waiver. |
11 | (D) The program to be maintained addresses a |
12 | significant need of the school district's students |
13 | and has demonstrated effectiveness at increasing |
14 | student achievement in the school district, in the |
15 | determination of the Department of Education. |
16 | (iv) The decision to grant a waiver shall be at the |
17 | sole discretion of the Department of Education and shall |
18 | not be subject to appeal. |
19 | (18) Community colleges shall comply with the provisions |
20 | of section 1737-J. |
21 | (b) Definitions.--The words and phrases used in this section |
22 | shall have the meanings given to them in the Public School Code |
23 | of 1949. |
24 | Section 1723-J. Department of Environmental Protection. |
25 | The following shall apply to appropriations for the |
26 | Department of Environmental Protection in the General |
27 | Appropriation Act: |
28 | (1) Appropriations include funds for the Water Resources |
29 | Technical Assistance Center in an amount to be determined by |
30 | the department in cooperation with the Water Conservation |
|
1 | Subcommittee of the Statewide Water Resources Committee. |
2 | (2) Notwithstanding the provisions of section 502 of the |
3 | act of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known as |
4 | the Alternative Energy Investment Act, in fiscal year |
5 | 2009-2010, no funds shall be appropriated from the General |
6 | Fund to the department for the Consumer Energy Program. The |
7 | appropriation for fiscal year 2009-2010 is revoked. |
8 | Section 1724-J. Department of General Services (Reserved). |
9 | Section 1725-J. Department of Health. |
10 | The following shall apply to appropriations for the |
11 | Department of Health in the General Appropriation Act: |
12 | (1) Funds appropriated for lupus programs shall be |
13 | distributed in the same proportion as distributed in fiscal |
14 | year 2008-2009. |
15 | (2) Funds appropriated for arthritis outreach and |
16 | education shall be equitably distributed among the central, |
17 | western and eastern regions of this Commonwealth based on the |
18 | ratio of population served in each region to the total |
19 | population served in this Commonwealth. |
20 | (3) Funds appropriated for biotechnology research |
21 | include $1,100,000 for a regenerative medicine center located |
22 | in a county of the second class and $1,500,000 for an |
23 | institution for hepatitis and virus research located in |
24 | county of the second class-A, which conducts research related |
25 | to developing new therapies for viral hepatitis and liver |
26 | cancer. |
27 | Section 1726-J. Insurance Department (Reserved). |
28 | Section 1727-J. Department of Labor and Industry. |
29 | The following shall apply to appropriations for the |
30 | Department of Labor and Industry in the General Appropriation |
|
1 | Act: |
2 | (1) The appropriation for payment to the Vocational |
3 | Rehabilitation Fund for work of the State Board of Vocational |
4 | Rehabilitation includes $2,153,000 for a Statewide |
5 | professional service provider association for the blind to |
6 | provide specialized services and prevention of blindness |
7 | services and $431,000 to provide specialized services and |
8 | prevention of blindness services in cities of the first |
9 | class. |
10 | (2) For the "Reed Act-Unemployment Insurance" and "Reed |
11 | Act-Employment Services and Unemployment Insurance" |
12 | appropriations, the total amount which may be obligated shall |
13 | not exceed the limitations under section 903 of the Social |
14 | Security Act (49 Stat. 620, 42 U.S.C. § 1103). |
15 | Section 1728-J. Department of Military and Veterans Affairs |
16 | (Reserved). |
17 | Section 1729-J. Department of Public Welfare. |
18 | The following shall apply to appropriations for the |
19 | Department of Public Welfare from the General Appropriation Act: |
20 | (1) Authorized transfers for child-care services. The |
21 | following shall apply: |
22 | (i) The department, upon approval of the secretary, |
23 | may transfer Federal funds appropriated for TANFBG Child |
24 | Care Assistance to the CCDFBG Child Care Services |
25 | appropriation to provide child-care services to |
26 | additional low-income families if the transfer of funds |
27 | will not result in a deficit in the appropriation. The |
28 | secretary shall provide notice ten days prior to a |
29 | transfer under this subparagraph to the chairman and |
30 | minority chairman of the Appropriations Committee of the |
|
1 | Senate and the chairman and minority chairman of the |
2 | Appropriations Committee of the House of Representatives. |
3 | (ii) The department, upon approval of the secretary, |
4 | may transfer Federal funds appropriated for CCDFBG Child |
5 | Care Assistance to the CCDFBG Child Care Services |
6 | appropriation to provide child-care services to |
7 | additional low-income families provided that the transfer |
8 | of funds will not result in a deficit in the |
9 | appropriation. The secretary shall provide notice ten |
10 | days prior to a transfer under this subparagraph to the |
11 | chairman and minority chairman of the Appropriations |
12 | Committee of the Senate and the chairman and minority |
13 | chairman of the Appropriations Committee of the House of |
14 | Representatives. |
15 | (2) Federal and State medical assistance payments. The |
16 | following shall apply: |
17 | (i) When making payments for medical assistance |
18 | outpatient or capitation services, the department shall |
19 | not require a recipient to obtain a physician referral in |
20 | order to receive chiropractic services. |
21 | (ii) No funds appropriated for approved capitation |
22 | plans shall be used to pay a provider who fails to supply |
23 | information in a form required by the department in order |
24 | to facilitate claims for Federal financial participation |
25 | for services rendered to general assistance clients. |
26 | (iii) For fiscal year 2009-2010, additional Federal |
27 | and State inpatient funding is included to provide for |
28 | Community Access Fund payments. Payments to hospitals for |
29 | Community Access Fund grants shall be distributed under |
30 | the formulas utilized for these grants in fiscal year |
|
1 | 2008-2009. If the total funding available for Community |
2 | Access Fund payments in fiscal year 2009-2010 is less |
3 | than that available in fiscal year 2008-2009, payments |
4 | shall be made on a pro rata basis. |
5 | (iv) Qualifying State-related academic medical |
6 | centers shall not receive any less funding than received |
7 | for the fiscal year 2004-2005 State appropriation level |
8 | if Federal funding for academic medical centers is not |
9 | made available to those academic medical centers during |
10 | fiscal year 2009-2010. |
11 | (v) If supplemental Federal funding for physician |
12 | practice plans is not made available during fiscal year |
13 | 2009-2010, qualifying universities and affiliated |
14 | physician practice plans shall not receive any less |
15 | funding than the amount received for the fiscal year |
16 | 2007-2008 State appropriation level. |
17 | (vi) Funds appropriated for medical assistance |
18 | transportation shall only be utilized as a payment of |
19 | last resort for transportation for eligible medical |
20 | assistance recipients. |
21 | (vii) The department shall consider pharmaceutical |
22 | services a covered benefit for recipients who are |
23 | eligible for such services and whose care is managed |
24 | through contracts between the department and managed care |
25 | contractors. Pharmaceutical benefits shall remain a |
26 | covered benefit in the contracts between the department |
27 | and managed care contractors for fiscal years 2008-2009 |
28 | and 2009-2010. If the department elects to bid a contract |
29 | for fiscal year 2010-2011 that does not include |
30 | pharmaceutical services as a covered benefit for |
|
1 | recipients whose care is managed through contracts |
2 | between the department and managed care contractors, the |
3 | Secretary of Public Welfare shall do all of the |
4 | following: |
5 | (A) By March 30, notify in writing the chair and |
6 | minority chair of the Appropriations Committee of the |
7 | Senate, the chair and minority chair of the |
8 | Appropriations Committee of the House of |
9 | Representatives, the chair and minority chair of the |
10 | Public Health and Welfare Committee of the Senate and |
11 | the chair and minority chair of the Health and Human |
12 | Services Committee of the House of Representatives. |
13 | (B) Additionally bid a contract for fiscal year |
14 | 2010-2011 that does include pharmaceutical services |
15 | as a covered benefit for recipients who are eligible |
16 | for such services and whose care is managed through |
17 | contracts between the department and managed care |
18 | contractors. |
19 | (C) Conduct any procurement for existing or new |
20 | zones in a public manner, including publication of |
21 | any request for proposal on the Department of Public |
22 | Welfare's publicly accessible Internet website. |
23 | (viii) Amounts allocated from funds appropriated for |
24 | medical assistance outpatient services for the Select |
25 | Plan for Women Preventative Health Services shall be used |
26 | for women's medical services, including noninvasive |
27 | contraception supplies. |
28 | (ix) Federal or State funds appropriated under the |
29 | General Appropriation Act in accordance with the act of |
30 | March 24, 2004 (P.L.148, No.15), known as the |
|
1 | Pennsylvania Trauma Systems Stabilization Act, not used |
2 | to make payments to hospitals qualifying as Level III |
3 | trauma centers shall be used to make payments to |
4 | hospitals qualifying as Level I and II trauma centers. |
5 | (3) Breast cancer screening. The following shall apply: |
6 | (i) Funds appropriated for breast cancer screening |
7 | may be used for women's medical services, including |
8 | noninvasive contraception supplies. |
9 | (ii) (Reserved). |
10 | (4) Women's service programs. The following shall apply: |
11 | (i) Funds appropriated for women's service programs |
12 | grants to nonprofit agencies whose primary function is to |
13 | provide alternatives to abortion shall be expended to |
14 | provide services to women until childbirth and for up to |
15 | 12 months thereafter, including food, shelter, clothing, |
16 | health care, counseling, adoption services, parenting |
17 | classes, assistance for postdelivery stress and other |
18 | supportive programs and services and for related outreach |
19 | programs. Agencies may subcontract with other nonprofit |
20 | entities which operate projects designed specifically to |
21 | provide all or a portion of these services. Projects |
22 | receiving funds referred to in this subparagraph shall |
23 | not promote, refer or perform abortions or engage in any |
24 | counseling which is inconsistent with the appropriation |
25 | referred to in this subparagraph and shall be physically |
26 | and financially separate from any component of any legal |
27 | entity engaging in such activities. |
28 | (ii) Funds appropriated for women's service programs |
29 | shall be used for women's medical services, including |
30 | noninvasive contraception supplies. |
|
1 | (iii) Federal funds appropriated for TANFBG |
2 | Alternatives to Abortion shall be utilized solely for |
3 | services to women whose gross family income is below 185% |
4 | of the Federal poverty guidelines. |
5 | (5) County children and youth programs. The following |
6 | shall apply: |
7 | (i) No more than 50% of funds allocated from the |
8 | State appropriation for county children and youth |
9 | programs to each county shall be expended until each |
10 | county submits to the department data for the prior State |
11 | fiscal year, and updated quarterly, on the unduplicated |
12 | caseloads, unduplicated services and number of |
13 | caseworkers by county program. Data shall be submitted in |
14 | a form acceptable to the department. A copy of the data |
15 | shall be sent to the chairman and minority chairman of |
16 | the Appropriations Committee of the Senate and to the |
17 | chairman and the minority chairman of the Appropriations |
18 | Committee of the House of Representatives. |
19 | (ii) Reimbursement for children and youth services |
20 | made pursuant to section 704.1 of the act of June 13, |
21 | 1967 (P.L.31, No.21), known as the Public Welfare Code, |
22 | shall not exceed the amount of State funds appropriated. |
23 | It is the intent of the General Assembly that counties do |
24 | not experience any adverse fiscal impact due to the |
25 | department's maximization efforts. |
26 | (6) Community-based family centers. No funds |
27 | appropriated for community-based family centers may be |
28 | considered as part of the base for calculation of the county |
29 | child welfare needs-based budget for a fiscal year. |
30 | Section 1730-J. Department of Revenue (Reserved). |
|
1 | Section 1731-J. Department of State (Reserved). |
2 | Section 1732-J. Department of Transportation (Reserved). |
3 | Section 1733-J. Pennsylvania State Police. |
4 | The following shall apply to appropriations for the |
5 | Pennsylvania State Police from the General Appropriation Act: |
6 | (1) Payments made to municipalities under 53 Pa.C.S. § |
7 | 2170 (relating to reimbursement of expenses) shall be limited |
8 | to funds available. If funds are not available to make full |
9 | payments, the Municipal Police Officers' Education and |
10 | Training Commission shall make payments on a pro rata basis. |
11 | (2) (Reserved). |
12 | Section 1734-J. State Civil Service Commission (Reserved). |
13 | Section 1735-J. Pennsylvania Emergency Management Agency |
14 | (Reserved). |
15 | Section 1736-J. Pennsylvania Fish and Boat Commission |
16 | (Reserved). |
17 | Section 1737-J. State System of Higher Education. |
18 | The following shall apply to appropriations for the State |
19 | System of Higher Education from the General Appropriation Act: |
20 | (1) Each public institution of higher education as |
21 | defined in Article XX-C of the Public School Code of 1949 |
22 | shall do all of the following: |
23 | (i) Agree to accept with full junior standing the |
24 | Associate of Arts or Associate of Science degree into a |
25 | parallel baccalaureate program as outlined in |
26 | subparagraph (iii) by the timelines established by the |
27 | Transfer and Articulation Oversight Committee but no |
28 | later than December 31, 2011. For purposes of this |
29 | paragraph, an Associate of Arts or Associate of Science |
30 | degree is a degree designed primarily for transfer to a |
|
1 | baccalaureate institution and must contain a minimum of |
2 | 60 credits. |
3 | (ii) Submit to the Department of Education interim |
4 | reports outlining the actions that the public institution |
5 | of higher education has undertaken or intends to |
6 | undertake to comply with subparagraph (i), which shall be |
7 | filed by December 31, 2009, June 30, 2010, and December |
8 | 31, 2010. |
9 | (iii) As a member of the Transfer and Articulation |
10 | Oversight Committee established in section 2004-C of the |
11 | Public School Code of 1949: |
12 | (A) By December 1, 2009, consult with the |
13 | Department of Education on a process and timeline, |
14 | subject to approval by the department, to identify |
15 | the Associate of Arts or Associate of Science degree |
16 | aligned with the graduation requirements of the |
17 | parallel baccalaureate degree in all public |
18 | institutions of higher education in consultation with |
19 | faculty and personnel. |
20 | (B) Identify Associate of Arts or Associate of |
21 | Science degree programs for transfer with full junior |
22 | standing into a parallel baccalaureate degree in |
23 | consultation with faculty and personnel in those |
24 | degree programs by December 31, 2011. |
25 | (C) Identify modifications that may be required |
26 | in existing associate or baccalaureate degrees to |
27 | satisfy external accreditation or licensure |
28 | requirements in consultation with faculty and |
29 | personnel. Approved modifications shall recognize all |
30 | competencies attained within either the associate or |
|
1 | baccalaureate programs. |
2 | (D) Define requirements, in consultation with |
3 | faculty and personnel, for education degrees, |
4 | including Early Childhood Education degrees, leading |
5 | to certification to be included in an associate |
6 | degree and to be accepted for transfer with full |
7 | junior standing into a parallel baccalaureate degree |
8 | program. |
9 | (2) (Reserved). |
10 | Section 1737.1-J. State-related institutions. |
11 | The following shall apply to State-related institutions: |
12 | (1) (i) No later than June 15, 2010, each State-related |
13 | institution shall identify 30 credit hours of course |
14 | content from equivalent courses identified under Article |
15 | XX-C of the Public School Code of 1949 that it will |
16 | accept from a student accepted for transfer from an |
17 | institution of higher eduction participating in Article |
18 | XX-C of the Public School Code of 1949. A State-related |
19 | institution shall count a course in the same manner that |
20 | it would count the same or equivalent course if taken by |
21 | a student at the State-related institution. |
22 | (ii) Each State-related institution shall make the |
23 | information identified in subparagraph (i) available to |
24 | the Department of Education for posting on the |
25 | department's publicly accessible Internet website. |
26 | (iii) Nothing in this paragraph shall be construed |
27 | to: |
28 | (A) Require a State-related institution to apply |
29 | a course to graduation or degree requirements if that |
30 | course or its equivalent course would not be applied |
|
1 | to graduation or degree requirements if taken at the |
2 | State-related institution. |
3 | (B) Infringe on a State-related institution's |
4 | sole authority to accept a student for transfer, to |
5 | determine acceptance into a major, to determine the |
6 | campus assignment of such student or to determine how |
7 | many and which credit hours shall apply for the |
8 | transfer student toward the completion of a degree. |
9 | The manner in which accepted courses apply toward |
10 | completion of a degree and whether they are counted |
11 | for general education, major or free elective credit |
12 | shall be subject to the requirements established by |
13 | the accepting State-related institution for each |
14 | individual major or program of study. |
15 | (C) Prohibit a State-related institution's |
16 | ability to enter into discussions with the Department |
17 | of Education to increase the number of credits |
18 | pursuant to subparagraph (i). |
19 | (iv) For the purpose of this paragraph, "State- |
20 | related institution" shall have the meaning given to it |
21 | in Article XX-C of the Public School Code of 1949. |
22 | (2) (Reserved). |
23 | Section 1738-J. Pennsylvania Higher Education Assistance |
24 | Agency. |
25 | The following shall apply to appropriations for the |
26 | Pennsylvania Higher Education Assistance Agency from the General |
27 | Appropriation Act: |
28 | (1) Maximization of funds. The Pennsylvania Higher |
29 | Education Assistance Agency shall use funds appropriated for |
30 | matching payments for student aid funds to maximize the |
|
1 | receipt of Federal funds to the fullest extent possible. |
2 | (2) Limitation. No college, university or institution |
3 | receiving a direct appropriation from the Commonwealth shall |
4 | be eligible to participate in the institutional assistance |
5 | grants program. |
6 | (3) Agricultural loan forgiveness. In distributing funds |
7 | appropriated for agricultural loan forgiveness, the agency |
8 | shall give preference to renewal applicants. |
9 | Section 1739-J. Pennsylvania Historical and Museum Commission |
10 | (Reserved). |
11 | Section 1740-J. Pennsylvania Infrastructure Investment |
12 | Authority (Reserved). |
13 | Section 1741-J. Environmental Hearing Board (Reserved). |
14 | Section 1742-J. Pennsylvania Board of Probation and Parole |
15 | (Reserved). |
16 | Section 1743-J. Pennsylvania Public Television Network |
17 | Commission (Reserved). |
18 | Section 1744-J. Pennsylvania Securities Commission (Reserved). |
19 | Section 1745-J. State Tax Equalization Board (Reserved). |
20 | Section 1746-J. Health Care Cost Containment Council. |
21 | (1) The Health Care Cost Containment Council shall |
22 | submit a report to the chairman and minority chairman of the |
23 | Appropriations Committee of the Senate and the chairman and |
24 | minority chairman of the Appropriations Committee of the |
25 | House of Representatives specifying the amount and source of |
26 | proceeds received from the sale of data by the council. The |
27 | report shall supplement the annual report of financial |
28 | expenditures required under section 17.1 of the act of July |
29 | 8, 1986 (P.L.408, No.89), known as the Health Care Cost |
30 | Containment Act. Twenty-five percent of the proceeds received |
|
1 | from the sale of data may be used for the operations of the |
2 | council. The remainder of the proceeds shall be deposited in |
3 | the General Fund and shall not be expended unless |
4 | appropriated by the General Assembly. |
5 | (2) The sum of $2,300,000 is transferred from the Health |
6 | Care Cost Containment Council to the General Fund, to include |
7 | money appropriated to or received by the council prior to |
8 | 2008-2009 that is unspent or uncommitted. |
9 | Section 1747-J. State Ethics Commission (Reserved). |
10 | Section 1748-J. State Employees' Retirement System (Reserved). |
11 | Section 1749-J. Thaddeus Stevens College of Technology |
12 | (Reserved). |
13 | Section 1750-J. Pennsylvania Housing Finance Agency (Reserved). |
14 | Section 1751-J. LIHEABG (Reserved). |
15 | Section 1752-J. Budget Stabilization Reserve Fund (Reserved). |
16 | SUBARTICLE C |
17 | LEGISLATIVE DEPARTMENT |
18 | (Reserved) |
19 | SUBARTICLE D |
20 | JUDICIAL DEPARTMENT |
21 | Section 1781-J. Supreme Court (Reserved). |
22 | Section 1782-J. Superior Court (Reserved). |
23 | Section 1783-J. Commonwealth Court (Reserved). |
24 | Section 1784-J. Courts of common pleas (Reserved). |
25 | Section 1785-J. Community courts; magisterial district judges |
26 | (Reserved). |
27 | Section 1786-J. Philadelphia Traffic Court (Reserved). |
28 | Section 1787-J. Philadelphia Municipal Court (Reserved). |
29 | Section 1788-J. Judicial Conduct Board (Reserved). |
30 | Section 1789-J. Court of Judicial Discipline (Reserved). |
|
1 | Section 1790-J. Juror cost reimbursement (Reserved). |
2 | Section 1791-J. County court reimbursement (Reserved). |
3 | Section 1792-J. Senior judges (Reserved). |
4 | Section 1793-J. Transfer of funds by Supreme Court (Reserved). |
5 | ARTICLE XVII-K |
6 | 2009-2010 RESTRICTIONS ON APPROPRIATIONS |
7 | FOR FUNDS AND ACCOUNTS |
8 | Section 1701-K. Applicability. |
9 | Except as specifically provided in this article, this article |
10 | applies to the act of August 5, 2009 (P.L. , No.1A), known as |
11 | the General Appropriation Act of 2009, the act of , 2009 |
12 | (P.L. , No. ), known as the Supplemental Appropriation Act |
13 | of 2009, and as appropriate, all other appropriation acts of |
14 | 2009. |
15 | Section 1702-K. State Lottery Fund. |
16 | (1) Funds appropriated for PENNCARE shall not be |
17 | utilized for administrative costs by the Department of Aging. |
18 | (2) (Reserved). |
19 | Section 1703-K. Energy Conservation and Assistance Fund |
20 | (Reserved). |
21 | Section 1704-K. Judicial Computer System Augmentation Account. |
22 | The Supreme Court and the Court Administrator of Pennsylvania |
23 | are prohibited from augmenting the amount appropriated to the |
24 | Judicial Computer System Augmentation Account by billings to |
25 | other appropriations to the judicial branch for the Statewide |
26 | Judicial Computer System or for any other purpose. |
27 | Section 1704.1-K. Access to Justice Account. |
28 | Notwithstanding 42 Pa.C.S. § 4906 (relating to distribution |
29 | of funds), moneys in the Access to Justice Account may be |
30 | distributed at any time upon requisition of the Court |
|
1 | Administrator of Pennsylvania to the Pennsylvania Interest on |
2 | Lawyers Trust Account Board. |
3 | Section 1705-K. Emergency Medical Services Operating Fund |
4 | (Reserved). |
5 | Section 1706-K. State Stores Fund (Reserved). |
6 | Section 1707-K. Motor License Fund (Reserved). |
7 | Section 1708-K. Hazardous Material Response Fund (Reserved). |
8 | Section 1709-K. Milk Marketing Fund (Reserved). |
9 | Section 1710-K. Home Investment Trust Fund (Reserved). |
10 | Section 1711-K. Tuition Payment Fund (Reserved). |
11 | Section 1712-K. Banking Department Fund (Reserved). |
12 | Section 1713-K. Firearm Records Check Fund (Reserved). |
13 | Section 1714-K. Ben Franklin Technology Development Authority |
14 | Fund (Reserved). |
15 | Section 1715-K. Tobacco Settlement Fund. |
16 | (a) Deposits.-- |
17 | (1) Notwithstanding sections 303(b)(2), (3) and (4) and |
18 | 306 of the act of June 26, 2001 (P.L.755, No.77), known as |
19 | the Tobacco Settlement Act, the following shall apply: |
20 | (i) For fiscal year 2009-2010, the strategic |
21 | contribution payments received in fiscal year 2008-2009 |
22 | pursuant to the Master Settlement Agreement shall be |
23 | deposited in the Tobacco Settlement Fund. |
24 | (ii) For fiscal year 2009-2010, $15,000,000 of the |
25 | funds derived under section 303(b)(3) of the Tobacco |
26 | Settlement Act shall be deposited into the Tobacco |
27 | Settlement Fund. |
28 | (iii) For fiscal year 2009-2010, $10,000,000 of the |
29 | funds derived under section 303(b)(4) of the Tobacco |
30 | Settlement Act shall be deposited into the Tobacco |
|
1 | Settlement Fund. |
2 | (iv) For fiscal year 2009-2010, 25% of the money |
3 | appropriated under section 306(b)(1)(iii) of the Tobacco |
4 | Settlement Act may not be expended, transferred or lapsed |
5 | but shall remain in the Tobacco Settlement Fund. |
6 | (v) For fiscal year 2009-2010, 33.3% of the money |
7 | appropriated under section 306(b)(1)(vi) of the Tobacco |
8 | Settlement Act may not be expended, transferred or lapsed |
9 | but shall remain in the Tobacco Settlement Fund. |
10 | (2) Money deposited into the fund under paragraph (1) |
11 | shall be appropriated for health-related purposes. If |
12 | applicable, the amount appropriated in accordance with this |
13 | paragraph shall be matched by appropriated Federal augmenting |
14 | funds. |
15 | (b) Transfers.-- |
16 | (1) Notwithstanding sections 306 and 307 of the Tobacco |
17 | Settlement Act, the following shall apply. |
18 | (i) For fiscal year 2009-2010, 37.5% of the money |
19 | appropriated under section 306(b)(1)(iii) of the Tobacco |
20 | Settlement Act is transferred from the Tobacco Settlement |
21 | Fund to the General Fund. |
22 | (ii) For fiscal year 2010-2011, 37.5% of the money |
23 | appropriated under section 306(b)(1)(iii) of the Tobacco |
24 | Settlement Act is transferred from the Tobacco Settlement |
25 | Fund to the General Fund. |
26 | (iii) For fiscal year 2009-2010, 100% of the money |
27 | received in fiscal year 2008-2009 appropriated under |
28 | section 306(b)(1)(i) of the Tobacco Settlement Act shall |
29 | be transferred from the Tobacco Endowment Account for |
30 | Long-Term Hope to the Tobacco Settlement Fund. |
|
1 | (iv) For fiscal year 2009-2010, $150,000,000 is |
2 | transferred from the Tobacco Endowment Account for Long- |
3 | Term Hope to the General Fund. |
4 | (v) For fiscal year 2010-2011, $250,000,000 is |
5 | transferred from the Tobacco Endowment Account for Long- |
6 | Term Hope to the General Fund. |
7 | (2) Money transferred under paragraph (1)(iii) shall be |
8 | appropriated for health-related purposes. If applicable, the |
9 | amount appropriated in accordance with this paragraph shall |
10 | be matched by appropriated Federal augmenting funds. |
11 | (c) Allocation.--Funding for local programs under section |
12 | 708(b) of the Tobacco Settlement Act shall be allocated as |
13 | follows: |
14 | (1) Thirty percent of grant funding to primary |
15 | contractors for local programs shall be allocated equally |
16 | among each of the 67 counties. |
17 | (2) The remaining 70% of grant funding to primary |
18 | contractors for local programs shall be allocated on a per |
19 | capita basis of each county with a population greater than |
20 | 60,000. The per capita formula shall be applied only to that |
21 | portion of the population that is greater than 60,000 for |
22 | each county. |
23 | (3) Budgets shall be developed by each primary |
24 | contractor to reflect service planning and expenditures in |
25 | each county. Each primary contractor will ensure that |
26 | services are available to residents of each county and must |
27 | expend the allocated funds on a per-county basis pursuant to |
28 | paragraphs (1) and (2). |
29 | (4) The Department of Health shall compile a detailed |
30 | annual report of expenditures per county and the specific |
|
1 | programs offered in each region. This report shall be made |
2 | available on the Department of Health's publicly available |
3 | Internet website 60 days following the close of each fiscal |
4 | year. |
5 | (5) During the third quarter of the fiscal year, funds |
6 | which have not been spent within a service area may be |
7 | reallocated to support programming in the same region. |
8 | (d) Use of money for lobbying prohibited.--No money derived |
9 | from an appropriation by the General Assembly from the Tobacco |
10 | Settlement Fund may be used for the lobbying of any State public |
11 | official. |
12 | Section 1716-K. Community Health Reinvestment Restricted |
13 | Account. |
14 | (a) Establishment.--There is established in the State |
15 | Treasury a restricted receipts account in the Tobacco Settlement |
16 | Fund to be known as the Community Health Reinvestment Restricted |
17 | Account. Interest earned on money in the account shall remain in |
18 | the account. |
19 | (b) Agreement on community health reinvestment.--Each |
20 | calendar year, a corporation under 40 Pa.C.S. Ch. 61 (relating |
21 | to hospital plan corporations) or 63 (relating to professional |
22 | health services plan corporations) that is a party to the |
23 | Agreement on Community Health Reinvestment entered into February |
24 | 2, 2005, by the Insurance Department and the Capital Blue Cross, |
25 | Highmark, Inc., Hospital Service Association of Northeastern |
26 | Pennsylvania and Independence Blue Cross, and published in the |
27 | Pennsylvania Bulletin at 35 Pa.B. 4155 (July 23, 2005), shall |
28 | pay to the account the amount calculated for such calendar year |
29 | in section 5 of the agreement, published at 35 Pa.B. 4156. |
30 | (c) Appropriation.--The money in the account, including all |
|
1 | interest earned, is appropriated to the Insurance Department to |
2 | be used in accordance with the agreement on community health |
3 | reinvestment described in subsection (b). |
4 | Section 1717-K. Health Care Provider Retention Account. |
5 | The sum of $708,000,000 is transferred from the Health Care |
6 | Provider Retention Account established under section 1112(a) of |
7 | the act of March 20, 2002 (P.L.154, No.13), known as the Medical |
8 | Care Availability and Reduction of Error (Mcare) Act, to the |
9 | General Fund. |
10 | Section 1717.1-K. Medical Care Availability and Reduction of |
11 | Error Fund. |
12 | The following shall apply: |
13 | (1) The sum of $100,000,000 is transferred from the |
14 | Medical Care Availability and Reduction of Error Fund |
15 | established under section 712 of the act of March 20, 2002 |
16 | (P.L.154, No.13), known as the Medical Care Availability and |
17 | Reduction of Error (Mcare) Act, to the General Fund. |
18 | (2) Notwithstanding section 712(m) of the act of March |
19 | 20, 2002 (P.L.154, No.13), known as the Medical Care |
20 | Availability and Reduction of Error (Mcare) Act, and 75 |
21 | Pa.C.S. § 6506(b) (relating to surcharge), for fiscal years |
22 | 2009-2010 and 2010-2011, all surcharges collected under 75 |
23 | Pa.C.S. § 6506 by any division of the Unified Judicial System |
24 | shall be deposited in the General Fund upon receipt. |
25 | Section 1718-K. Budget Stabilization Reserve Fund. |
26 | (a) General provisions.--Notwithstanding section 1703-A(b), |
27 | the sum of $755,000,000 is transferred from the Budget |
28 | Stabilization Reserve Fund to the General Fund. |
29 | (b) Surplus.--No amount of the surplus in the General Fund |
30 | in fiscal year 2009-2010 shall be deposited into the Budget |
|
1 | Stabilization Reserve Fund. |
2 | Section 1718.1-K. Gaming Economic Development and Tourism Fund. |
3 | Notwithstanding the provisions of 4 Pa.C.S. Part II (relating |
4 | to gaming) and the act of July 9, 2008 (P.L.908, No.63), known |
5 | as the H2O PA Act, $5,080,000 is hereby appropriated from the |
6 | Gaming Economic Development and Tourism Fund to the Department |
7 | of General Services to meet additional payment obligations for |
8 | the project itemized in section 3(2)(i)(D) of the act of July |
9 | 25, 2007 (P.L.342, No.53), known as the Pennsylvania Gaming |
10 | Economic Development and Tourism Fund Capital Budget Itemization |
11 | Act of 2007. |
12 | Section 1719-K. Restricted Receipt Accounts. |
13 | (a) General provisions.--The secretary may create restricted |
14 | receipt accounts for the purpose of administering Federal grants |
15 | only for the purposes designated in this section. |
16 | (b) Department of Community and Economic Development.--The |
17 | following restricted receipt accounts may be established for the |
18 | Department of Community and Economic Development: |
19 | (1) ARC Housing Revolving Loan Program. |
20 | (2) (Reserved). |
21 | (c) Department of Conservation and Natural Resources.--The |
22 | following restricted receipt accounts may be established for the |
23 | Department of Conservation and Natural Resources: |
24 | (1) Federal Aid to Volunteer Fire Companies. |
25 | (2) Federal Land and Water Conservation Fund Act. |
26 | (3) National Forest Reserve Allotment. |
27 | (4) Federal Land and Water Conservation Fund Act - |
28 | Conservation and Natural Resources. |
29 | (d) Department of Education.--The following restricted |
30 | receipt accounts may be established for the Department of |
|
1 | Education: |
2 | (1) Education of the Disabled - Part C. |
3 | (2) LSTA - Library Grants. |
4 | (3) The Pennsylvania State University Federal Aid. |
5 | (4) Emergency Immigration Education Assistance. |
6 | (5) Education of the Disabled - Part D. |
7 | (6) Homeless Adult Assistance Program. |
8 | (7) Severely Handicapped. |
9 | (8) Medical Assistance Reimbursements to Local Education |
10 | Agencies. |
11 | (e) Department of Environmental Protection.--The following |
12 | restricted receipt accounts may be established for the |
13 | Department of Environmental Protection: |
14 | (1) Federal Water Resources Planning Act. |
15 | (2) Flood Control Payments. |
16 | (3) Soil and Water Conservation Act - Inventory of |
17 | Programs. |
18 | (f) Department of Health.--The following restricted receipt |
19 | accounts may be established for the Department of Health: |
20 | (1) Share Loan Program. |
21 | (2) (Reserved). |
22 | (g) Department of Transportation.--The following restricted |
23 | receipt accounts may be established for the Department of |
24 | Transportation: |
25 | (1) Capital Assistance Elderly and Handicapped Programs. |
26 | (2) Railroad Rehabilitation and Improvement Assistance. |
27 | (3) Ridesharing/Van Pool Program - Acquisition. |
28 | (h) Pennsylvania Emergency Management Agency.--The following |
29 | restricted receipt accounts may be established for the |
30 | Pennsylvania Emergency Management Agency: |
|
1 | (1) Receipts from Federal Government - Disaster Relief - |
2 | Disaster Relief Assistance to State and Political |
3 | Subdivisions. |
4 | (2) (Reserved). |
5 | (i) Pennsylvania Historical and Museum Commission.--The |
6 | following restricted receipt accounts may be established for the |
7 | Pennsylvania Historical and Museum Commission: |
8 | (1) Federal Grant - National Historic Preservation Act. |
9 | (2) (Reserved). |
10 | (j) Executive Offices.--The following restricted receipt |
11 | accounts may be established for the Executive Offices: |
12 | (1) Retired Employees Medicare Part D. |
13 | (2) Justice Assistance. |
14 | (3) Juvenile Accountability Incentive. |
15 | Section 1720-K. State Gaming Fund. |
16 | (a) Deduction of certain appropriations.--Notwithstanding |
17 | the provisions of section 504(c)(1) of the act of June 27, 2006 |
18 | (1st Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief |
19 | Act, funds appropriated to the Pennsylvania Gaming Control Board |
20 | from the State Gaming Fund shall be deducted from the amount |
21 | transferred to the Property Tax Relief Reserve Fund under |
22 | section 504(b) of the Taxpayer Relief Act and loaned to the |
23 | Pennsylvania Gaming Control Board for payment of the board's |
24 | administrative and operating expenses for the fiscal year |
25 | commencing July 1, 2009. Funds loaned to the board under this |
26 | section and sections 1720-G and 1720-I shall be repaid from the |
27 | accounts established under 4 Pa.C.S. § 1401 (relating to slot |
28 | machine licensee deposits) in accordance with subsection (b). |
29 | (b) Assessment for repayment.--Notwithstanding the |
30 | provisions of 4 Pa.C.S. § 1901.1 (relating to repayments to |
|
1 | State Gaming Fund), the Pennsylvania Gaming Control Board shall |
2 | assess slot machine licensees for repayment of funds transferred |
3 | and loaned to the board under subsection (a) from the State |
4 | Gaming Fund in accordance with 4 Pa.C.S. § 1402 (relating to |
5 | gross terminal revenue deductions) for repayment to the Property |
6 | Tax Relief Reserve Fund at such time as at least 11 slot machine |
7 | licenses have been issued and 11 licensed gaming entities have |
8 | commenced the operation of slot machines. The board shall adopt |
9 | a repayment schedule that assesses to each slot machine licensee |
10 | costs for the repayment of amounts appropriated under this |
11 | section in an amount that is proportional to each slot machine |
12 | licensee's gross terminal revenue. |
13 | (c) Property tax relief.-- |
14 | (1) Notwithstanding the provisions of section 504 of the |
15 | Taxpayer Relief Act, until the loan to the Pennsylvania |
16 | Gaming Control Board under subsection (a) is repaid, the |
17 | Secretary of the Budget is authorized to provide for property |
18 | tax relief under section 503(d) of the Taxpayer Relief Act, |
19 | regardless of whether the amount deposited in the Property |
20 | Tax Relief Reserve Fund is less than required by section 504 |
21 | of the Taxpayer Relief Act. |
22 | (2) Notwithstanding the provisions of 4 Pa.C.S. § |
23 | 1901.1, beginning January 1, 2011, if the Secretary of the |
24 | Budget determines that the moneys in the Property Tax Relief |
25 | Reserve Fund are needed for property tax relief, the |
26 | secretary shall notify the Pennsylvania Gaming Control Board |
27 | and upon notification, the board shall immediately assess |
28 | each slot machine licensee for the repayment of the loan in |
29 | an amount that is proportional to each slot machine |
30 | licensee's gross terminal revenue. |
|
1 | (d) Other appropriations solely from assessment.-- |
2 | (1) All funds for the operation of the Pennsylvania |
3 | State Police, Department of Revenue and Attorney General are |
4 | appropriated solely from an assessment on gross terminal |
5 | revenue from accounts under 4 Pa.C.S. § 1401 in an amount |
6 | equal to that appropriated by the General Assembly for fiscal |
7 | year 2009-2010. The Pennsylvania State Police, Attorney |
8 | General or Department of Revenue shall not assess any charge, |
9 | fee, cost of operations or other payment from a licensed |
10 | gaming entity in excess of amounts appropriated for fiscal |
11 | year 2009-2010, unless specifically authorized by law. |
12 | (2) This subsection shall not apply to any voluntary |
13 | payment made by a new slot machine licensee in accordance |
14 | with similar payments voluntarily made by existing licensees. |
15 | Section 1721-K. Pennsylvania Racehorse Development Fund. |
16 | (Reserved). |
17 | Section 1722-K. Straw Purchase Prevention Education Fund. |
18 | Notwithstanding the provisions of 18 Pa.C.S. § 6187 (relating |
19 | to transfer for initial funding), in fiscal year 2009-2010, no |
20 | funds shall be transferred from the General Fund to the Straw |
21 | Purchase Prevention Education Fund established in 18 Pa.C.S. § |
22 | 6186 (relating to Straw Purchase Prevention Education Fund). |
23 | Section 6. Notwithstanding any other provision of law, the |
24 | Scranton State School for the Deaf and the Board of Trustees of |
25 | the Scranton State School for the Deaf are abolished. |
26 | Section 7. Repeals are as follows: |
27 | (1) The General Assembly declares that the repeal under | <-- |
28 | paragraph (2) is necessary to effectuate the addition of |
29 | Article V-A of the act (Reserved). | <-- |
30 | (2) Sections 618 and 618.1 of the act of April 9, 1929 | <-- |
|
1 | (P.L.177, No.175), known as The Administrative Code of 1929, |
2 | are repealed (Reserved). | <-- |
3 | (3) The General Assembly declares that the repeals under |
4 | paragraph (4) are necessary to effectuate the addition of |
5 | section 1722-J(8), (9) and (10) of the act. |
6 | (4) The following acts or parts of acts are repealed |
7 | insofar as they are inconsistent with this act: |
8 | (i) Sections 3 and 4 of the act of May 8, 1913 |
9 | (P.L.163, No.112), entitled "An act providing for an |
10 | examination of the Pennsylvania Oral School for the Deaf, |
11 | at Scranton, Lackawanna County, Pennsylvania; providing |
12 | for the transfer, under certain conditions, of the said |
13 | Oral School for the Deaf to the Commonwealth; regulating |
14 | said school in the event of such transfer; and making an |
15 | appropriation to carry out the purposes of this act." |
16 | (ii) Sections 2 and 202 of the act of June 7, 1923 |
17 | (P.L. 498, No. 274), known as The Administrative Code. |
18 | (iii) Sections 202, 401 and 1311 of the act of April |
19 | 9, 1929 (P.L.177, No.175), known as The Administrative |
20 | Code of 1929. |
21 | (iv) Section 5.1 of the act of July 8, 1957 |
22 | (P.L.579, No.321), entitled, "An act establishing minimum |
23 | compensation and increments for members of the faculty |
24 | and administration of the Thaddeus Stevens State School |
25 | of Technology, the Scotland School for Veterans' |
26 | Children, and the Scranton State School for the Deaf, |
27 | providing leave of absence with pay for faculty members |
28 | and the superintendent of schools and imposing duties on |
29 | the Board of Trustees of such schools and the Secretary |
30 | of Education." |
|
1 | (v) Section 1.2 of the act of December 12, 1973 |
2 | (P.L.397, No.141), known as the Professional Educator |
3 | Discipline Act. |
4 | (vi) 24 Pa.C.S. §§ 8102 and 8327. |
5 | (4.1) The General Assembly declares that the repeal |
6 | under paragraph (5) is necessary to effectuate the addition |
7 | of section 1717.1-K of the act. |
8 | (5) Chapter 11 of the act of March 20, 2002 (P.L.154, |
9 | No.13), known as the Medical Care Availability and Reduction |
10 | of Error (Mcare) Act, is repealed. |
11 | (6) The act of July 9, 2008 (P.L.908, No.63), known as |
12 | the H2O PA Act, is repealed insofar as it is inconsistent |
13 | with this act. |
14 | (7) All other acts and parts of acts are repealed |
15 | insofar as they are inconsistent with this act. |
16 | (8) The following appropriations in the act of August 5, |
17 | 2009 (P.L. , No.1A), known as the General Appropriation Act |
18 | of 2009, vetoed in part, are repealed: |
19 | (i) The State appropriation for smoke free |
20 | Pennsylvania enforcement in section 215 of the act is |
21 | repealed. |
22 | (ii) The State appropriation for a separate State- |
23 | funded vocational rehabilitation program to provide |
24 | vocational rehabilitation services leading to competitive |
25 | employment for OVR-eligible persons with disabilities |
26 | unable to receive services through the Federal Vocational |
27 | Rehabilitation Program in section 217 of the act is |
28 | repealed. |
29 | (iii) The Federal appropriation for "Home Visitation |
30 | to Prevent Child Maltreatment" in section 219 of the act |
|
1 | is repealed. |
2 | (iv) The Federal appropriation for "Emergency Food |
3 | Assistance" in section 1712 of the act is repealed. |
4 | (v) The Federal and State appropriations for |
5 | payments for early intervention services, for |
6 | "Individuals with Disabilities Education," for "Food and |
7 | Nutrition - Local," for "Esea - Title I - Local" and for |
8 | "ARRA - Education for Homeless Children and Youth" in |
9 | section 1714 of the act are repealed. |
10 | (vi) The Federal appropriations for "Survey Studies" |
11 | and "State Energy Program (SEP)" in section 1715 of the |
12 | act are repealed. |
13 | (vii) The Federal appropriations for "Programs for |
14 | the Aging - Title III," and "Programs for the Aging - |
15 | Title V" in section 1731 of the act are repealed. |
16 | Section 8. The provisions of this act are severable. If any |
17 | provision of this act or its application to any person or |
18 | circumstance is held invalid, the invalidity shall not affect |
19 | other provisions or applications of this act which can be given |
20 | effect without the invalid provision or application. |
21 | Section 9. This act shall apply as follows: |
22 | (1) The addition of section 1776-A of the act shall |
23 | apply to contracts entered into on or after the effective |
24 | date of this paragraph. |
25 | (1.1) The following provisions shall apply retroactively |
26 | to July 1, 2009: |
27 | (i) The amendment of section 1721-E of the act. |
28 | (ii) The amendment of section 1722-E of the act. |
29 | (iii) The amendment of section 1733-E of the act. |
30 | (iv) The amendment of section 1735-E of the act. |
|
1 | (v) Except as set forth in paragraph (3), the |
2 | addition of Article XVII-J of the act. |
3 | (vi) The addition of Article XVII-K of the act. |
4 | (2) The amendment of section 1723-E of the act shall |
5 | apply retroactively to May 1, 2009. |
6 | (3) Paragraph (1.1)(v) does not apply to the addition of |
7 | section 1722-J(8) and (9) of the act. |
8 | (4) The reenactment and amendment of sections 1731-A and |
9 | 1732-A shall apply retroactively to June 30, 2009. |
10 | Section 10. This act shall take effect as follows: |
11 | (1) Notwithstanding paragraph (2)(i), the addition of | <-- |
12 | section 510-A of the act shall take effect July 1, 2010, or |
13 | immediately, whichever is later. |
14 | (2) The following provisions shall take effect November |
15 | 30, 2010: |
16 | (i) Except as set forth in paragraph (1), the |
17 | addition of Article V-A of the act. |
18 | (ii) Section 7(1) and (2) of this act. |
19 | (1) Notwithstanding paragraph (2), the addition of | <-- |
20 | section 510-A of the act shall take effect October 15, 2010. |
21 | (2) The addition of Article V-A of the act shall take |
22 | effect November 30, 2010. |
23 | (3) The remainder of this act shall take effect |
24 | immediately. |
|