THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WARD, BRUBAKER, BAKER, ERICKSON, YAW, EARLL, SMUCKER, MUSTO, GORDNER, WASHINGTON, ALLOWAY, M. WHITE, TOMLINSON AND BOSCOLA, DECEMBER 17, 2009

REFERRED TO PUBLIC HEALTH AND WELFARE, DECEMBER 17, 2009  

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; and prescribing the manner in which the

number and compensation of the deputies and all other

assistants and employes of certain departments, boards and

commissions shall be determined," establishing the Essential

Programs Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, is amended by adding a

section to read:

Section 1107.  Essential Programs Fund.--(a)  The Essential

Programs Fund is established as a separate fund in the State

Treasury. The moneys of this fund are hereby appropriated on a

continuing basis to carry out the provisions of this section.

(b)  If legislation providing an appropriation for programs

relating to essential programs is not enacted by August 15, the

State Treasurer shall periodically transfer unappropriated,

unrestricted General Fund moneys, to the extent that such funds

are available, to the Essential Programs Fund. The transfers

shall be up to such dollar amounts and at such times as

necessary to meet the requirements under subsection (c).

(c)  If the Governor fails to certify revenue estimates under

section 618 for the current fiscal year, the Secretary of

Revenue shall certify to the State Treasurer each time a

transfer is needed under subsection (a) that there are adequate

unappropriated, unrestricted General Fund moneys to make the

transfer.

(d)  (1)  The Secretary of Public Welfare shall draw a

warrant on the State Treasurer in favor of each essential

program for the payment provided under subsection (c).

(2)  Payments shall be made up to ninety percent (90%) of the

amount as the previous fiscal year to the essential programs.

Payments shall be adjusted pursuant to the program's

appropriation in the enacted budget.

(e)  Transfers provided under this section shall only be in

effect during the time in which no appropriation has been

enacted and shall be made only in the amount necessary to meet

each payment for the essential programs.

(f)  For the purposes of this section "essential programs"

include, but are not limited to:

(1)  Subsidized child care providers.

(2)  Transitional food and shelter providers.

(3)  Foster care and adoption subsidizers.

(4)  Protective care providers.

(5)  Access-to-care providers.

Section 2.  This act shall take effect immediately.