See other bills
under the
same topic
SENATE AMENDED
PRIOR PRINTER'S NOS. 2320, 3691
PRINTER'S NO. 3730
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1605
Session of
2015
INTRODUCED BY JAMES, BAKER, BARRAR, BIZZARRO, CALTAGIRONE,
CARROLL, CAUSER, CORBIN, DiGIROLAMO, EVERETT, FLYNN, FREEMAN,
HARHART, A. HARRIS, HEFFLEY, HELM, HENNESSEY, KAUFFMAN,
KAVULICH, MACKENZIE, MAHER, McNEILL, MENTZER, MILLARD, MURT,
PETRI, QUINN, REESE, REGAN, ROEBUCK, SAYLOR, SCHWEYER,
TOEPEL, TOPPER, WARD, WATSON, OBERLANDER, WENTLING, GABLER,
ADOLPH AND BRIGGS, OCTOBER 7, 2015
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JULY 13, 2016
AN ACT
Establishing the Heritage Area Program to identify, protect,
enhance and promote the historic, recreational, natural,
cultural and scenic resources of this Commonwealth and to
stimulate community revitalization and economic development
through regional heritage conservation, recreation, tourism
and partnerships; and repealing provisions in The Fiscal Code
relating to heritage areas.
AMENDING THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), ENTITLED,
AS AMENDED, "AN ACT RELATING TO THE FINANCES OF THE STATE
GOVERNMENT; PROVIDING FOR THE SETTLEMENT, ASSESSMENT,
COLLECTION, AND LIEN OF TAXES, BONUS, AND ALL OTHER ACCOUNTS
DUE THE COMMONWEALTH, THE COLLECTION AND RECOVERY OF FEES AND
OTHER MONEY OR PROPERTY DUE OR BELONGING TO THE COMMONWEALTH,
OR ANY AGENCY THEREOF, INCLUDING ESCHEATED PROPERTY AND THE
PROCEEDS OF ITS SALE, THE CUSTODY AND DISBURSEMENT OR OTHER
DISPOSITION OF FUNDS AND SECURITIES BELONGING TO OR IN THE
POSSESSION OF THE COMMONWEALTH, AND THE SETTLEMENT OF CLAIMS
AGAINST THE COMMONWEALTH, THE RESETTLEMENT OF ACCOUNTS AND
APPEALS TO THE COURTS, REFUNDS OF MONEYS ERRONEOUSLY PAID TO
THE COMMONWEALTH, AUDITING THE ACCOUNTS OF THE COMMONWEALTH
AND ALL AGENCIES THEREOF, OF ALL PUBLIC OFFICERS COLLECTING
MONEYS PAYABLE TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
AND ALL RECEIPTS OF APPROPRIATIONS FROM THE COMMONWEALTH,
AUTHORIZING THE COMMONWEALTH TO ISSUE TAX ANTICIPATION NOTES
TO DEFRAY CURRENT EXPENSES, IMPLEMENTING THE PROVISIONS OF
SECTION 7(A) OF ARTICLE VIII OF THE CONSTITUTION OF
PENNSYLVANIA AUTHORIZING AND RESTRICTING THE INCURRING OF
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CERTAIN DEBT AND IMPOSING PENALTIES; AFFECTING EVERY
DEPARTMENT, BOARD, COMMISSION, AND OFFICER OF THE STATE
GOVERNMENT, EVERY POLITICAL SUBDIVISION OF THE STATE, AND
CERTAIN OFFICERS OF SUCH SUBDIVISIONS, EVERY PERSON,
ASSOCIATION, AND CORPORATION REQUIRED TO PAY, ASSESS, OR
COLLECT TAXES, OR TO MAKE RETURNS OR REPORTS UNDER THE LAWS
IMPOSING TAXES FOR STATE PURPOSES, OR TO PAY LICENSE FEES OR
OTHER MONEYS TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
EVERY STATE DEPOSITORY AND EVERY DEBTOR OR CREDITOR OF THE
COMMONWEALTH," IN HERITAGE AREAS, PROVIDING FOR THE HERITAGE
AREA PROGRAM TO IDENTIFY, PROTECT, ENHANCE AND PROMOTE THE
HISTORIC, RECREATIONAL, NATURAL, CULTURAL AND SCENIC
RESOURCES OF THIS COMMONWEALTH AND TO STIMULATE COMMUNITY
REVITALIZATION AND ECONOMIC DEVELOPMENT THROUGH REGIONAL
HERITAGE CONSERVATION, RECREATION, TOURISM AND PARTNERSHIPS;
IN GENERAL BUDGET IMPLEMENTATION, PROVIDING FOR FEDERAL AND
COMMONWEALTH USE OF FOREST LAND; AND MAKING A RELATED REPEAL.
AMENDING THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), ENTITLED,
AS AMENDED, "AN ACT RELATING TO THE FINANCES OF THE STATE
GOVERNMENT; PROVIDING FOR THE SETTLEMENT, ASSESSMENT,
COLLECTION, AND LIEN OF TAXES, BONUS, AND ALL OTHER ACCOUNTS
DUE THE COMMONWEALTH, THE COLLECTION AND RECOVERY OF FEES AND
OTHER MONEY OR PROPERTY DUE OR BELONGING TO THE COMMONWEALTH,
OR ANY AGENCY THEREOF, INCLUDING ESCHEATED PROPERTY AND THE
PROCEEDS OF ITS SALE, THE CUSTODY AND DISBURSEMENT OR OTHER
DISPOSITION OF FUNDS AND SECURITIES BELONGING TO OR IN THE
POSSESSION OF THE COMMONWEALTH, AND THE SETTLEMENT OF CLAIMS
AGAINST THE COMMONWEALTH, THE RESETTLEMENT OF ACCOUNTS AND
APPEALS TO THE COURTS, REFUNDS OF MONEYS ERRONEOUSLY PAID TO
THE COMMONWEALTH, AUDITING THE ACCOUNTS OF THE COMMONWEALTH
AND ALL AGENCIES THEREOF, OF ALL PUBLIC OFFICERS COLLECTING
MONEYS PAYABLE TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
AND ALL RECEIPTS OF APPROPRIATIONS FROM THE COMMONWEALTH,
AUTHORIZING THE COMMONWEALTH TO ISSUE TAX ANTICIPATION NOTES
TO DEFRAY CURRENT EXPENSES, IMPLEMENTING THE PROVISIONS OF
SECTION 7(A) OF ARTICLE VIII OF THE CONSTITUTION OF
PENNSYLVANIA AUTHORIZING AND RESTRICTING THE INCURRING OF
CERTAIN DEBT AND IMPOSING PENALTIES; AFFECTING EVERY
DEPARTMENT, BOARD, COMMISSION, AND OFFICER OF THE STATE
GOVERNMENT, EVERY POLITICAL SUBDIVISION OF THE STATE, AND
CERTAIN OFFICERS OF SUCH SUBDIVISIONS, EVERY PERSON,
ASSOCIATION, AND CORPORATION REQUIRED TO PAY, ASSESS, OR
COLLECT TAXES, OR TO MAKE RETURNS OR REPORTS UNDER THE LAWS
IMPOSING TAXES FOR STATE PURPOSES, OR TO PAY LICENSE FEES OR
OTHER MONEYS TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
EVERY STATE DEPOSITORY AND EVERY DEBTOR OR CREDITOR OF THE
COMMONWEALTH," IN CIGARETTE SALES AND LICENSING, FURTHER
PROVIDING FOR DEFINITIONS, FOR RETENTION OF RECORDS AND FOR
VIOLATIONS AND PENALTIES AND PROVIDING FOR PREEMPTION AND FOR
COMPLIANCE CHECKS; PROVIDING FOR CANCER CONTROL, PREVENTION
AND RESEARCH; IN DISPOSITION OF ABANDONED AND UNCLAIMED
PROPERTY, FURTHER PROVIDING FOR DEFINITIONS AND FOR PROPERTY
HELD BY FIDUCIARIES, PROVIDING FOR NOTICE GIVEN BY HOLDER AND
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FOR UNITED STATES SAVINGS BONDS AND FURTHER PROVIDING FOR
CERTIFICATE OF FINDER REGISTRATION AND FOR NOTICE AND
PUBLICATION OF LISTS OF PROPERTY SUBJECT TO COMMONWEALTH
CUSTODY AND CONTROL; PROVIDING FOR CAPITAL FACILITIES; IN OIL
AND GAS WELLS, FURTHER PROVIDING FOR ENVIRONMENTAL
STEWARDSHIP FUND AND PROVIDING FOR OIL AND GAS CONSERVATION;
IN HERITAGE AREAS, FURTHER PROVIDING FOR PROGRAM AND
PROVIDING FOR DECLARATION OF POLICY AND FOR HERITAGE AREA
PROGRAM; PROVIDING FOR BUSINESS IN OUR SITES PROGRAM ACCOUNT;
PROVIDING FOR TRANSPORTATION NETWORK COMPANIES AND MOTOR
CARRIER COMPANIES; IN SPECIAL FUNDS, FURTHER PROVIDING FOR
FUNDING AND FOR STATE WORKERS' INSURANCE BOARD; IN ADDITIONAL
SPECIAL FUNDS, FURTHER PROVIDING FOR USE OF FUND, PROVIDING
FOR HOSPITAL UNCOMPENSATED CARE PAYMENTS AND REIMBURSEMENTS
FOR EXTRAORDINARY EXPENSE REPORT AND FURTHER PROVIDING FOR
DEFINITIONS, FOR PENNSYLVANIA RACE HORSE DEVELOPMENT FUND,
FOR DISTRIBUTIONS FROM PENNSYLVANIA RACE HORSE DEVELOPMENT
FUND, FOR DRUG AND ALCOHOL PROGRAMS AND FOR NATURAL GAS
INFRASTRUCTURE DEVELOPMENT FUND; REPEALING PROVISIONS
RELATING TO 2011-2012 BUDGET IMPLEMENTATION AND 2011-2012
RESTRICTIONS ON APPROPRIATIONS FOR FUNDS AND ACCOUNTS;
PROVIDING FOR 2016-2017 BUDGET IMPLEMENTATION AND FOR 2016-
2017 RESTRICTIONS ON APPROPRIATIONS FOR FUNDS AND ACCOUNTS;
IN GENERAL BUDGET IMPLEMENTATION, FURTHER PROVIDING FOR
EXECUTIVE OFFICES AND FOR GAMING CONTROL BOARD AND PROVIDING
FOR COMMONWEALTH FINANCING AUTHORITY RESTRICTED REVENUE
ACCOUNT, FOR FEDERAL AND COMMONWEALTH USE OF FOREST LAND, FOR
MOTOR LICENSE FUND, FOR PENNSYLVANIA LIQUOR CONTROL BOARD
PROCEDURE, FOR RESTAURANT LIQUOR LICENSE AUCTION AND FOR
LIQUOR CODE TERM; PROVIDING FOR GENERAL BUDGET RESTRICTIONS
ON APPROPRIATIONS FOR FUNDS AND ACCOUNTS; PROVIDING FOR
SCHOOL DISTRICT INTERCEPTS FOR THE PAYMENT OF DEBT SERVICE
DURING BUDGET IMPASSE; IN 2015-2016 BUDGET IMPLEMENTATION,
FURTHER PROVIDING FOR DEPARTMENT OF HUMAN SERVICES; AND
MAKING RELATED REPEALS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Heritage Area
Program Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) The act of June 28, 1995 (P.L.89, No.18), known as
the Conservation and Natural Resources Act, created the
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Department of Conservation and Natural Resources and
empowered the department to administer State heritage
conservation programs, such as the Pennsylvania Heritage
Parks Program.
(2) The Pennsylvania Heritage Parks Program consists of
heritage areas, which are multicounty regions located in this
Commonwealth and designated by gubernatorial action that
promotes an appreciation of the history and heritage of the
regions.
(3) Since 1989, heritage areas assist communities in
developing, restoring, preserving and conserving nationally,
State and locally significant historic, cultural, natural and
recreational resources through capital and programmatic
investments.
(4) Heritage areas have successfully demonstrated the
ability to create public, private and nonprofit investment
partnerships leveraging significant investments for every
dollar of Commonwealth funds.
(5) Heritage areas are a key catalyst in regions of this
Commonwealth for economic growth and community development
strategies and investments resulting in tourism promotion,
small business development and the creation of jobs.
(6) The Commonwealth's program has long been recognized,
studied and replicated by other states and the National Park
Service as a model for successful heritage and community
conservation and development.
(7) Due to the success of the program, a targeted effort
should be made to promote this Commonwealth's heritage areas
by providing dedicated funding.
Section 3. Definitions.
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The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Conservation and Natural
Resources of the Commonwealth.
"Heritage area." A Commonwealth-designated region, managed
by a nonprofit organization or governmental entity, which
conserves nationally and State significant landscapes and
develops, protects, interprets and promotes its historic,
cultural, natural and recreational resources to stimulate
economic and community development.
"Program." The Heritage Area Program.
"Secretary." The Secretary of the Department of Conservation
and Natural Resources of the Commonwealth.
Section 4. Heritage Area Program.
(a) Establishment.--The Heritage Area Program is established
within the department to identify, protect, develop, enhance and
promote the historic, recreational, natural, cultural and scenic
resources of this Commonwealth and to stimulate community
revitalization and economic development through regional
heritage conservation, recreation, tourism and partnerships.
(b) Administration.--
(1) The department shall adopt program guidelines and
policies for the implementation and administration of the
program.
(2) The department shall consult with the heritage areas
on an annual basis to discuss program goals, guidelines and
policies.
(c) Funding.--The department shall, under subsection (f),
allocate funds appropriated to the department to the program for
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the following purposes:
(1) Management, administration, operation and marketing
of heritage areas.
(2) Planning, implementation, technical assistance and
educational projects and programs related to heritage areas.
(3) Development, construction, rehabilitation, repair,
acquisition, preservation and enhancement of lands, buildings
and other structures related to heritage areas.
(4) Protection, documentation, interpretation and
promotion of the cultural, natural, scenic, recreational and
historic resources of heritage areas.
(5) Establishment of partnerships and coalitions of
governmental and nongovernmental agencies and organizations
to assist heritage areas with the implementation of
management action plans.
(6) Any other activities deemed appropriate by the
department.
(d) Use.--A heritage area may use the funding allocated by
the department for the program to provide a grant to another
entity and organization, including a county, municipality,
authority, nonprofit organization, other authorized
organization, private sector firm and business, if the purpose
of the grant meets the requirements of subsection (c).
(e) Eligibility.--In addition to any other funding provided
to a heritage area, a heritage area shall be eligible to apply
for a grant and loan program administered by the department or
other Federal or State agency or entity.
(f) Amount.--
(1) The department shall distribute funds to the program
based on established program goals, guidelines and policies.
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(2) The department shall allocate all funds appropriated
annually for the program and each State-designated heritage
area shall receive a minimum amount established by the
program goals, guidelines and policies.
(g) Administrative use.--The department may use no more than
5% of the funding appropriated annually for the program for
administrative expenses, including the development of a
strategic plan or other appropriate initiative related to the
administration of the program.
Section 5. Repeal and continuation.
(a) Repeal.--Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) Article XVI-J of the act of April 9, 1929 (P.L.343,
No.176), known as The Fiscal Code, is repealed.
(b) Continuation.--This act is a continuation of Article
XVI-J of The Fiscal Code. Except as otherwise provided in this
act, all activities initiated under Article XVI-J of The Fiscal
Code shall continue and remain in full force and effect and may
be completed under this act. Orders, regulations, rules and
decisions which were made under Article XVI-J of The Fiscal Code
and which are in effect on the effective date of subsection (a)
(2) shall remain in full force and effect until revoked, vacated
or modified under this act. Contracts, obligations and
collective bargaining agreements entered into under Article XVI-
J of The Fiscal Code are not affected nor impaired by the repeal
of Article XVI-J of The Fiscal Code.
Section 6. Effective date.
This act shall take effect immediately.
SECTION 1. SECTION 1601-J OF THE ACT OF APRIL 9, 1929
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(P.L.343, NO.176), KNOWN AS THE FISCAL CODE, ADDED JULY 6, 2010
(P.L.279, NO.46), IS AMENDED TO READ:
SECTION 1601-J. [PROGRAM.
(A) ESTABLISHMENT.--THE HERITAGE AREA PROGRAM IS ESTABLISHED
WITHIN THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES TO
IDENTIFY, PROTECT, ENHANCE AND PROMOTE THE HISTORIC,
RECREATIONAL, NATURAL, CULTURAL AND SCENIC RESOURCES OF THIS
COMMONWEALTH.
(B) ADMINISTRATION.--THE DEPARTMENT SHALL ADOPT GUIDELINES
AND POLICIES FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE
PROGRAM.
(C) FUNDING.--THE DEPARTMENT MAY ALLOCATE FUNDS APPROPRIATED
TO THE DEPARTMENT FOR GRANTS AND INVESTMENT PROGRAMS WITHIN
HERITAGE AREAS, INCLUDING ADMINISTRATION AND OPERATION.] SCOPE
OF ARTICLE.
THIS ARTICLE RELATES TO THE HERITAGE AREA PROGRAM.
SECTION 2. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1602-J . DECLARATION OF POLICY.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(1) THE ACT OF JUNE 28, 1995 (P.L.89, NO.18), KNOWN AS
THE CONSERVATION AND NATURAL RESOURCES ACT, CREATED THE
DEPARTMENT AND EMPOWERED THE DEPARTMENT TO ADMINISTER STATE
HERITAGE CONSERVATION PROGRAMS, SUCH AS THE PENNSYLVANIA
HERITAGE PARKS PROGRAM.
(2) THE PENNSYLVANIA HERITAGE PARKS PROGRAM CONSISTS OF
HERITAGE AREAS, WHICH ARE MULTICOUNTY REGIONS LOCATED IN THIS
COMMONWEALTH AND DESIGNATED BY GUBERNATORIAL ACTION THAT
PROMOTES AN APPRECIATION OF THE HISTORY AND HERITAGE OF THE
REGIONS.
(3) SINCE 1989, HERITAGE AREAS ASSIST COMMUNITIES IN
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DEVELOPING, RESTORING, PRESERVING AND CONSERVING NATIONALLY,
STATE AND LOCALLY SIGNIFICANT HISTORIC, CULTURAL, NATURAL AND
RECREATIONAL RESOURCES THROUGH CAPITAL AND PROGRAMMATIC
INVESTMENTS.
(4) HERITAGE AREAS HAVE SUCCESSFULLY DEMONSTRATED THE
ABILITY TO CREATE PUBLIC, PRIVATE AND NONPROFIT INVESTMENT
PARTNERSHIPS LEVERAGING SIGNIFICANT INVESTMENTS FOR EVERY
DOLLAR OF COMMONWEALTH FUNDS.
(5) HERITAGE AREAS ARE A KEY CATALYST IN REGIONS OF THIS
COMMONWEALTH FOR ECONOMIC GROWTH AND COMMUNITY DEVELOPMENT
STRATEGIES AND INVESTMENTS RESULTING IN TOURISM PROMOTION,
SMALL BUSINESS DEVELOPMENT AND THE CREATION OF JOBS.
(6) THE COMMONWEALTH'S PROGRAM HAS LONG BEEN RECOGNIZED,
STUDIED AND REPLICATED BY OTHER STATES AND THE NATIONAL PARK
SERVICE AS A MODEL FOR SUCCESSFUL HERITAGE AND COMMUNITY
CONSERVATION AND DEVELOPMENT.
(7) DUE TO THE SUCCESS OF THE PROGRAM, A TARGETED EFFORT
SHOULD BE MADE TO PROMOTE THIS COMMONWEALTH'S HERITAGE AREAS
BY PROVIDING DEDICATED FUNDING.
SECTION 1603-J . DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES OF THE COMMONWEALTH.
"HERITAGE AREA." A COMMONWEALTH-DESIGNATED REGION, MANAGED
BY A NONPROFIT ORGANIZATION OR GOVERNMENTAL ENTITY, WHICH
CONSERVES NATIONALLY AND STATE SIGNIFICANT LANDSCAPES AND
DEVELOPS, PROTECTS, INTERPRETS AND PROMOTES ITS HISTORIC,
CULTURAL, NATURAL AND RECREATIONAL RESOURCES TO STIMULATE
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ECONOMIC AND COMMUNITY DEVELOPMENT.
"PROGRAM." THE HERITAGE AREA PROGRAM.
"SECRETARY." THE SECRETARY OF THE DEPARTMENT OF CONSERVATION
AND NATURAL RESOURCES OF THE COMMONWEALTH.
SECTION 1604-J . HERITAGE AREA PROGRAM.
(A) ESTABLISHMENT.--THE HERITAGE AREA PROGRAM IS ESTABLISHED
WITHIN THE DEPARTMENT TO IDENTIFY, PROTECT, DEVELOP, ENHANCE AND
PROMOTE THE HISTORIC, RECREATIONAL, NATURAL, CULTURAL AND SCENIC
RESOURCES OF THIS COMMONWEALTH AND TO STIMULATE COMMUNITY
REVITALIZATION AND ECONOMIC DEVELOPMENT THROUGH REGIONAL
HERITAGE CONSERVATION, RECREATION, TOURISM AND PARTNERSHIPS.
(B) ADMINISTRATION.--
(1) THE DEPARTMENT SHALL ADOPT PROGRAM GUIDELINES AND
POLICIES FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE
PROGRAM.
(2) THE DEPARTMENT SHALL CONSULT WITH THE HERITAGE AREAS
ON AN ANNUAL BASIS TO DISCUSS PROGRAM GOALS, GUIDELINES AND
POLICIES.
(C) FUNDING.--THE DEPARTMENT SHALL, UNDER SUBSECTION (F),
ALLOCATE FUNDS APPROPRIATED TO THE DEPARTMENT TO THE PROGRAM FOR
THE FOLLOWING PURPOSES:
(1) MANAGEMENT, ADMINISTRATION, OPERATION AND MARKETING
OF HERITAGE AREAS.
(2) PLANNING, IMPLEMENTATION, TECHNICAL ASSISTANCE AND
EDUCATIONAL PROJECTS AND PROGRAMS RELATED TO HERITAGE AREAS.
(3) DEVELOPMENT, CONSTRUCTION, REHABILITATION, REPAIR,
ACQUISITION, PRESERVATION AND ENHANCEMENT OF LANDS, BUILDINGS
AND OTHER STRUCTURES RELATED TO HERITAGE AREAS.
(4) PROTECTION, DOCUMENTATION, INTERPRETATION AND
PROMOTION OF THE CULTURAL, NATURAL, SCENIC, RECREATIONAL AND
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HISTORIC RESOURCES OF HERITAGE AREAS.
(5) ESTABLISHMENT OF PARTNERSHIPS AND COALITIONS OF
GOVERNMENTAL AND NONGOVERNMENTAL AGENCIES AND ORGANIZATIONS
TO ASSIST HERITAGE AREAS WITH THE IMPLEMENTATION OF
MANAGEMENT ACTION PLANS.
(6) ANY OTHER ACTIVITIES DEEMED APPROPRIATE BY THE
DEPARTMENT.
(D) USE.--A HERITAGE AREA MAY USE THE FUNDING ALLOCATED BY
THE DEPARTMENT FOR THE PROGRAM TO PROVIDE A GRANT TO ANOTHER
ENTITY AND ORGANIZATION, INCLUDING A COUNTY, MUNICIPALITY,
AUTHORITY, NONPROFIT ORGANIZATION, OTHER AUTHORIZED
ORGANIZATION, PRIVATE SECTOR FIRM AND BUSINESS, IF THE PURPOSE
OF THE GRANT MEETS THE REQUIREMENTS OF SUBSECTION (C).
(E) ELIGIBILITY.--IN ADDITION TO ANY OTHER FUNDING PROVIDED
TO A HERITAGE AREA, A HERITAGE AREA SHALL BE ELIGIBLE TO APPLY
FOR A GRANT AND LOAN PROGRAM ADMINISTERED BY THE DEPARTMENT OR
OTHER FEDERAL OR STATE AGENCY OR ENTITY.
(F) AMOUNT.--
(1) THE DEPARTMENT SHALL DISTRIBUTE FUNDS TO THE PROGRAM
BASED ON ESTABLISHED PROGRAM GOALS, GUIDELINES AND POLICIES.
(2) THE DEPARTMENT SHALL ALLOCATE ALL FUNDS APPROPRIATED
ANNUALLY FOR THE PROGRAM AND EACH STATE-DESIGNATED HERITAGE
AREA SHALL RECEIVE A MINIMUM AMOUNT ESTABLISHED BY THE
PROGRAM GOALS, GUIDELINES AND POLICIES.
(G) ADMINISTRATIVE USE.--THE DEPARTMENT MAY USE NO MORE THAN
5% OF THE FUNDING APPROPRIATED ANNUALLY FOR THE PROGRAM FOR
ADMINISTRATIVE EXPENSES, INCLUDING THE DEVELOPMENT OF A
STRATEGIC PLAN OR OTHER APPROPRIATE INITIATIVE RELATED TO THE
ADMINISTRATION OF THE PROGRAM.
SECTION 1798.1-E. FEDERAL AND COMMONWEALTH USE OF FOREST LAND.
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(A) SCOPE.--THIS SECTION APPLIES TO THE FOLLOWING:
(1) REAL PROPERTY ACQUIRED FOR FOREST RESERVES BY:
(I) THE FEDERAL GOVERNMENT; OR
(II) THE COMMONWEALTH.
(2) TAX-EXEMPT REAL PROPERTY ACQUIRED BY THE FEDERAL
GOVERNMENT OR BY THE COMMONWEALTH FOR THE PURPOSE OF
PRESERVING, PERPETUATING AND MAINTAINING ANY PORTION OF THE
ORIGINAL FORESTS OF THIS COMMONWEALTH AS PUBLIC PLACES AND
PARKS.
(3) REAL PROPERTY:
(I) WHICH IS ACQUIRED FOR THE PURPOSE OF
CONSERVATION OF WATER OR THE PREVENTION OF FLOOD
CONDITIONS; AND
(II) UPON WHICH THERE IS AN IMPOSED TAX PAYABLE BY
THE COMMONWEALTH.
(B) CHARGE.--
(1) SUBJECT TO SUBSECTION (C), REAL PROPERTY UNDER
SUBSECTION (A) SHALL BE SUBJECT TO THE FOLLOWING ANNUAL
CHARGES:
(I) FOR LAND OWNED BY THE DEPARTMENT OF CONSERVATION
AND NATURAL RESOURCES:
(A) $2.00 PER ACRE FOR THE BENEFIT OF EACH
COUNTY WHERE THE REAL PROPERTY IS LOCATED;
(B) $2.00 PER ACRE FOR THE BENEFIT OF THE
SCHOOLS IN EACH SCHOOL DISTRICT WHERE THE REAL
PROPERTY IS LOCATED; AND
(C) $2.00 PER ACRE FOR THE BENEFIT OF THE
TOWNSHIP WHERE THE REAL PROPERTY IS LOCATED.
(II) FOR LAND OWNED BY THE THE PENNSYLVANIA GAME
COMMISSION OR THE PENNSYLVANIA FISH AND BOAT COMMISSION:
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(A) $1.20 PER ACRE FOR THE BENEFIT OF EACH
COUNTY WHERE THE REAL PROPERTY IS LOCATED;
(B) $1.20 PER ACRE FOR THE BENEFIT OF THE
SCHOOLS IN EACH SCHOOL DISTRICT WHERE THE REAL
PROPERTY IS LOCATED; AND
(C) $1.20 PER ACRE FOR THE BENEFIT OF THE
TOWNSHIP WHERE THE REAL PROPERTY IS LOCATED.
(2) SUBJECT TO SUBSECTION (F), THE CHARGE UNDER
PARAGRAPH (1) SHALL BE PAYABLE BY THE COMMONWEALTH BEFORE
SEPTEMBER 2.
(C) DURATION.--
(1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE ANNUAL
CHARGE PAYABLE BY THE COMMONWEALTH ON REAL PROPERTY UNDER
SUBSECTION (A)(1)(I) SHALL CONTINUE ONLY UNTIL THE RECEIPT OF
MONEY BY TREASURERS AND TOWNSHIP SUPERVISORS OF THE POLITICAL
SUBDIVISIONS UNDER SUBSECTION (B)(1), IN ACCORDANCE WITH THE
ACT OF APRIL 27, 1925 (P.L.324, NO.185), ENTITLED "AN ACT FOR
THE DISTRIBUTION BY THE COMMONWEALTH AND COUNTIES TO
TOWNSHIPS AND SCHOOL DISTRICTS OF MONEYS RECEIVED FROM THE
UNITED STATES FROM FOREST RESERVES WITHIN THE COMMONWEALTH,"
EQUALS OR EXCEEDS THE AMOUNT PAID BY THE COMMONWEALTH IN LIEU
OF TAXES.
(2) PARAGRAPH (1) DOES NOT APPLY TO:
(I) THE ANNUAL CHARGE PER ACRE FOR THE BENEFIT OF
THE COUNTY WHERE REAL PROPERTY UNDER SUBSECTION (A)(1)(I)
IS LOCATED FOR 1953, 1954, 1955 AND 1956; AND
(II) $0.025 OF THE ANNUAL CHARGE PER ACRE FOR THE
BENEFIT OF THE COUNTY WHERE THE REAL PROPERTY UNDER
SUBSECTION (A)(1)(I) IS LOCATED FOR EACH YEAR AFTER 1956.
(3) THE COMMONWEALTH SHALL PAY THE CHARGES EXEMPTED
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UNDER PARAGRAPH (2).
(D) CERTIFICATION.--UPON APPLICATION OF THE TREASURER OR
TOWNSHIP SUPERVISOR, THE SECRETARY OF CONSERVATION AND NATURAL
RESOURCES SHALL CERTIFY TO THE RESPECTIVE COUNTIES, SCHOOL
DISTRICTS AND TOWNSHIPS WHERE REAL PROPERTY UNDER SUBSECTION (A)
IS LOCATED AND TO THE STATE TREASURER:
(1) THE NUMBER OF ACRES OWNED BY THE FEDERAL GOVERNMENT
AND BY THE COMMONWEALTH IN THE POLITICAL SUBDIVISION; AND
(2) THE CHARGE AGAINST THE REAL PROPERTY.
(E) PAYMENT.--THE STATE TREASURER SHALL PAY TO POLITICAL
SUBDIVISIONS UNDER SUBSECTION (D) THE AMOUNT DUE UNDER
SUBSECTION (B) UPON:
(1) REQUISITION OF THE SECRETARY OF CONSERVATION AND
NATURAL RESOURCES; AND
(2) APPLICATION BY THE APPROPRIATE TREASURER OR TOWNSHIP
SUPERVISORS.
(F) SOURCE OF PAYMENT.-- FOR REAL PROPERTY OWNED BY THE
DEPARTMENT, THE PENNSYLVANIA GAME COMMISSION OR THE PENNSYLVANIA
FISH AND BOAT COMMISSION, OF THE CHARGE PER ACRE UNDER
SUBSECTION (B):
(1) $2.40 SHALL BE PAID FROM MONEY AVAILABLE UNDER 4
PA.C.S. ยง 1403 (RELATING TO ESTABLISHMENT OF STATE GAMING
FUND AND NET SLOT MACHINE REVENUE DISTRIBUTION); AND
(2) THE REMAINDER SHALL BE PAID BY THE COMMONWEALTH
AGENCY WHICH OWNS THE PROPERTY.
SECTION 3. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SECTION 1798.1-E OF THE ACT.
(2) THE ACT OF MAY 17, 1929 (P.L.1798, NO.591), REFERRED
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TO AS THE FOREST RESERVES MUNICIPAL FINANCIAL RELIEF LAW, IS
REPEALED.
SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT JULY 1,
2017:
(I) THE ADDITION OF 1798.1-E OF THE ACT.
(II) SECTION 3(2) OF THIS ACT.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
SECTION 1. THE GENERAL ASSEMBLY FINDS AND DECLARES AS
FOLLOWS:
(1) THE INTENT OF THIS ACT IS TO PROVIDE FOR THE
IMPLEMENTATION OF THE 2016-2017 COMMONWEALTH BUDGET.
(2) THE CONSTITUTION OF PENNSYLVANIA CONFERS NUMEROUS
EXPRESS DUTIES UPON THE GENERAL ASSEMBLY, INCLUDING THE
PASSAGE OF A BALANCED BUDGET FOR THE COMMONWEALTH.
(3) SECTION 24 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE GENERAL ASSEMBLY TO ADOPT ALL
APPROPRIATIONS FOR THE OPERATION OF GOVERNMENT IN THE
COMMONWEALTH, REGARDLESS OF THEIR SOURCE. THE SUPREME COURT
HAS REPEATEDLY AFFIRMED THAT, "IT IS FUNDAMENTAL WITHIN
PENNSYLVANIA'S TRIPARTITE SYSTEM THAT THE GENERAL ASSEMBLY
ENACTS THE LEGISLATION ESTABLISHING THOSE PROGRAMS WHICH THE
STATE PROVIDES FOR ITS CITIZENS AND APPROPRIATES THE FUNDS
NECESSARY FOR THEIR OPERATION."
(4) PURSUANT TO SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA, THE GENERAL ASSEMBLY IS
EXPLICITLY REQUIRED TO ADOPT A BALANCED COMMONWEALTH BUDGET.
GIVEN THE UNPREDICTABILITY AND POTENTIAL INSUFFICIENCY OF
REVENUE COLLECTIONS, VARIOUS CHANGES IN STATE LAW RELATING TO
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SOURCES OF REVENUE, THE COLLECTION OF REVENUE AND THE
IMPLEMENTATION OF STATUTES WHICH IMPACT REVENUE MAY BE
REQUIRED TO DISCHARGE THIS CONSTITUTIONAL OBLIGATION.
(5) SECTION 11 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE ADOPTION OF A GENERAL APPROPRIATION
ACT THAT EMBRACES "NOTHING BUT APPROPRIATIONS." WHILE ACTUAL
ITEMS OF APPROPRIATION CAN BE CONTAINED IN A GENERAL
APPROPRIATIONS ACT, THE ACHIEVEMENT AND IMPLEMENTATION OF A
COMPREHENSIVE BUDGET INVOLVES MORE THAN SUBJECTS OF
APPROPRIATIONS AND DOLLAR AMOUNTS. ULTIMATELY, THE BUDGET HAS
TO BE BALANCED UNDER SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA. THIS MAY NECESSITATE CHANGES TO
SOURCES OF FUNDING AND ENACTMENT OF STATUTES TO ACHIEVE FULL
COMPLIANCE WITH THESE CONSTITUTIONAL PROVISIONS.
(6) FOR THE REASONS SET FORTH IN PARAGRAPHS (1), (2),
(3), (4) AND (5), IT IS THE INTENT OF THE GENERAL ASSEMBLY
THROUGH THIS ACT TO PROVIDE FOR THE IMPLEMENTATION OF THE
2016-2017 COMMONWEALTH BUDGET.
(7) EVERY PROVISION OF THIS ACT RELATES TO THE
IMPLEMENTATION OF THE OPERATING BUDGET OF THE COMMONWEALTH
FOR THIS FISCAL YEAR, ADDRESSING IN VARIOUS WAYS THE FISCAL
OPERATIONS, REVENUES AND POTENTIAL LIABILITIES OF THE
COMMONWEALTH. TO THAT END, THIS ACT IS INTENDED TO IMPLEMENT
THE 2016-2017 COMMONWEALTH BUDGET WITHOUT SPECIFICALLY
APPROPRIATING PUBLIC MONEY FROM THE GENERAL FUND. THIS ACT
PROVIDES ACCOUNTABILITY FOR SPENDING AND MAKES TRANSFERS OR
OTHER CHANGES NECESSARY TO IMPACT THE AVAILABILITY OF REVENUE
IN ORDER TO MEET THE REQUIREMENTS OF SECTION 13 OF ARTICLE
VIII OF THE CONSTITUTION OF PENNSYLVANIA AND TO IMPLEMENT THE
ACT OF , 2016 (P.L. , NO. ), KNOWN AS THE
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GENERAL APPROPRIATION ACT OF 2016.
SECTION 2. THE DEFINITION OF "COST OF THE RETAILER" IN
SECTION 202-A OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176),
KNOWN AS THE FISCAL CODE, ADDED JULY 2, 1993 (P.L.250, NO.46),
IS AMENDED TO READ:
SECTION 202-A. DEFINITIONS.--AS USED IN THIS ARTICLE--
* * *
"COST OF THE RETAILER" SHALL MEAN THE BASIC COST OF
CIGARETTES TO THE RETAILER PLUS THE COST OF DOING BUSINESS BY
THE RETAILER IN EXCESS OF THE BASIC COST OF CIGARETTES,
EXPRESSED AS A PERCENTAGE AND APPLIED TO THE BASIC COST OF
CIGARETTES. IN THE ABSENCE OF FILING OF SATISFACTORY PROOF OF A
LESSER OR HIGHER COST OF DOING BUSINESS BY THE RETAILER MAKING
THE SALE, THE COST OF DOING BUSINESS BY THE RETAILER SHALL BE
PRESUMED TO BE [SIX] SEVEN PER CENTUM OF THE BASIC COST OF
CIGARETTES TO THE RETAILER. WHEN A RETAILER ESTABLISHES A LESSER
COST OF DOING BUSINESS THAN THE PRESUMPTIVE [SIX] SEVEN PER
CENTUM COST OF DOING BUSINESS, SUCH LESSER COST OF DOING
BUSINESS MAY BE USED TO COMPUTE THE COST OF THE RETAILER FOR A
PERIOD OF TIME NO GREATER THAN TWELVE MONTHS, AT THE END OF
WHICH TIME THE COST TO THE RETAILER SHALL BE COMPUTED USING THE
PRESUMPTIVE [SIX] SEVEN PER CENTUM COST OF DOING BUSINESS,
UNLESS THE RETAILER AGAIN ESTABLISHES A LESSER COST OF DOING
BUSINESS. ANY FRACTIONAL PART OF A CENT IN SUCH COST PER CARTON
SHALL BE ROUNDED OFF TO THE NEXT HIGHER CENT. IN THE CASE OF ANY
PERSON WHO PURCHASES CIGARETTES FOR SALE AT RETAIL FROM ANY
MANUFACTURER OF CIGARETTES WITHOUT RESORT TO A WHOLESALER AS
SUCH, SUCH PERSON SHALL BE DEEMED, FOR THE PURPOSES OF THIS
ARTICLE, TO BE ENGAGED IN THE SALE OF CIGARETTES AS A STAMPING
AGENT, WHOLESALER AND RETAILER AND AS SUCH SHALL BE SUBJECT TO
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ALL MARK-UP PROVISIONS OF THIS ARTICLE IN THE ORDER NAMED.
* * *
SECTION 2.1. SECTION 214-A OF THE ACT, ADDED JULY 2, 1993
(P.L.250, NO.46), IS AMENDED TO READ:
SECTION 214-A. [RETENTION OF] REQUIRED RECORDS.--(A) EVERY
LICENSED DEALER SHALL KEEP AND MAINTAIN FOR A PERIOD OF FOUR
YEARS SUCH RECORDS IN SUCH FORM AS THE DEPARTMENT SHALL BY
REGULATION PRESCRIBE. THE RECORDS SHALL BE MAINTAINED AT THE
LOCATION FOR WHICH THE LICENSE IS ISSUED.
(B) A CONTRACT OF SALE COMPLYING WITH THE PROVISIONS OF THIS
ARTICLE SHALL BE SIGNED BY THE PARTIES TO A SALE OF CIGARETTES
AND SHALL BE KEPT ON FILE BY EACH PARTY AT THE LOCATION FOR
WHICH THE LICENSE IS ISSUED. IN THE CASE OF A DEALER HAVING MORE
THAN ONE LOCATION UNDER COMMON OWNERSHIP, THE CONTRACT OF SALE
SHALL BE KEPT AT THE BUSINESS OR CORPORATE HEADQUARTERS. A
CONTRACT OF SALE SHALL INCLUDE, BUT NOT BE LIMITED TO, AN ACTUAL
DOCUMENT OR INTERNET OR ELECTRONIC EVIDENCE INDICATING THAT A
TRANSACTION FOR THE SALE OF CIGARETTES HAS TAKEN PLACE.
SECTION 2.2 SECTION 229-A OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 229-A. VIOLATIONS AND PENALTIES.--* * *
(G) A LICENSEE WHO FAILS TO PAY FOR CIGARETTES IN FULL UPON
DELIVERY BY CASH, CHECK OR ELECTRONIC FUND TRANSFER OR ACCORDING
TO THE CONTRACT OF SALE, REQUIRING FULL PAYMENT NO LATER THAN
FOURTEEN DAYS AFTER DELIVERY, IN ADDITION TO ANY OTHER
VIOLATIONS PROVIDED BY LAW, SHALL BE IN VIOLATION OF THIS
ARTICLE.
SECTION 2.3. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 232-A. PREEMPTION.--(A) ALL POWERS AND JURISDICTION
OVER DEALERS LICENSED UNDER THIS ARTICLE, AND REGARDING OR
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AFFECTING THE SALE OF TOBACCO PRODUCTS BY DEALERS LICENSED UNDER
THIS ARTICLE, SHALL RESIDE IN THE COMMONWEALTH UNLESS ANY SUCH
POWER OR JURISDICTION IS SPECIFICALLY GRANTED TO A POLITICAL
SUBDIVISION.
(B) THIS SECTION SHALL NOT APPLY TO A CITY OF THE FIRST
CLASS.
(C) AS USED IN THIS SECTION, THE TERM "TOBACCO PRODUCT"
SHALL HAVE THE SAME MEANING AS DEFINED IN 18 PA.C.S. ยง 6305(K)
(RELATING TO SALE OF TOBACCO).
SECTION 233-A. COMPLIANCE CHECKS.
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, A PROCEEDING
AGAINST A PERSON THAT IS ALLEGED TO HAVE SOLD OR OTHERWISE
FURNISHED TOBACCO TO AN INDIVIDUAL UNDER 18 YEARS OF AGE IN
VIOLATION OF THE PROVISIONS OF 18 PA.C.S. ยง 6305(A)(RELATING TO
SALE OF TOBACCO) DURING A COMPLIANCE CHECK CONDUCTED UNDER THE
PROVISIONS OF 18 PA.C.S. ยง 6305 MAY ONLY BE INSTITUTED BY THE
ISSUANCE OF A CITATION.
SECTION 2.4. THE ACT IS AMENDED BY ADDING AN ARTICLE TO
READ:
ARTICLE II-B
CANCER CONTROL, PREVENTION AND RESEARCH
SECTION 201-B. SCOPE.
THIS ARTICLE RELATES TO CANCER CONTROL, PREVENTION AND
RESEARCH.
SECTION 202-B. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"BOARD." THE PENNSYLVANIA CANCER CONTROL, PREVENTION AND
RESEARCH ADVISORY BOARD ESTABLISHED UNDER SECTION 203-B.
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"CANCER." ALL MALIGNANT NEOPLASMS, REGARDLESS OF THE TISSUE
OF ORIGIN, INCLUDING MALIGNANT LYMPHOMA AND LEUKEMIA.
"DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
"SECRETARY." THE SECRETARY OF HEALTH OF THE COMMONWEALTH.
SECTION 203-B. PENNSYLVANIA CANCER CONTROL, PREVENTION AND
RESEARCH ADVISORY BOARD.
(A) BOARD ESTABLISHED.--
(1) THERE IS ESTABLISHED IN THE DEPARTMENT THE
PENNSYLVANIA CANCER CONTROL, PREVENTION AND RESEARCH ADVISORY
BOARD.
(2) THE BOARD SHALL CONSIST OF 11 MEMBERS, ALL OF WHOM
SHALL BE PENNSYLVANIA RESIDENTS, 10 OF WHOM THE GOVERNOR
SHALL APPOINT BY AND WITH THE CONSENT OF A MAJORITY OF THE
SENATE. OF THE 10 MEMBERS APPOINTED BY THE GOVERNOR:
(I) THREE SHALL BE DISTINGUISHED SCIENTISTS AND
PHYSICIANS IN THE FIELD OF CANCER;
(II) ONE SHALL BE A QUALIFIED PROFESSIONAL NURSE
ENGAGED IN THE PRACTICE OF ONCOLOGICAL NURSING;
(III) ONE SHALL BE SKILLED IN HEALTH CARE
ADMINISTRATION;
(IV) TWO SHALL HAVE SUBSTANTIAL EXPERIENCE IN THE
FIELD OF PUBLIC HEALTH, ONE OF WHOM SHALL BE A
PROFESSIONAL NURSE ENGAGED IN THE PRACTICE OF COMMUNITY
HEALTH NURSING; AND
(V) THREE SHALL BE CONSUMER MEMBERS.
(3) THE SECRETARY SHALL BE A MEMBER OF THE BOARD.
(B) TERMS.--THE TERMS OF THE MEMBERS SHALL BE FOUR YEARS
FROM THE RESPECTIVE DATE OF THEIR APPOINTMENT.
(C) CHAIRPERSON.--A CHAIRPERSON OF THE BOARD SHALL BE
APPOINTED BY THE GOVERNOR FOR A TERM OF FOUR YEARS.
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(D) MEETINGS AND QUORUM.--THE BOARD SHALL MEET NO LESS THAN
FOUR TIMES ANNUALLY AT THE CALL OF THE CHAIRPERSON OR, IN THE
CHAIRPERSON'S ABSENCE OR INCAPACITY, AT THE CALL OF THE
SECRETARY. SIX MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM
FOR THE PURPOSE OF EXERCISING ALL OF THE POWERS OF THE BOARD. A
VOTE OF THE MAJORITY OF THE MEMBERS PRESENT SHALL BE SUFFICIENT
FOR ALL ACTIONS OF THE BOARD.
(E) EXPENSES.--EACH BOARD MEMBER, EXCEPT THE SECRETARY,
SHALL RECEIVE ACTUAL TRAVELING EXPENSES AND OTHER NECESSARY
EXPENSES.
(F) CONFLICT OF INTEREST.--NO MEMBER OF THE BOARD MAY
PARTICIPATE IN ANY DISCUSSIONS AND DECISIONS TO RECOMMEND GRANTS
OR CONTRACTS TO ANY QUALIFIED ASSOCIATION OR TO ANY AGENCY OF
THE COMMONWEALTH OR ITS POLITICAL SUBDIVISIONS WITH WHICH THE
MEMBER IS ASSOCIATED AS A MEMBER OF THE GOVERNING BODY OR AS AN
EMPLOYEE, OR WITH WHICH THE MEMBER HAS ENTERED INTO ANY
CONTRACTUAL ARRANGEMENT.
SECTION 204-B. RESPONSIBILITIES OF BOARD.
(A) BYLAWS.--THE BOARD SHALL HAVE THE POWER TO PRESCRIBE,
AMEND AND REPEAL BYLAWS GOVERNING THE MANNER IN WHICH THE
BUSINESS OF THE BOARD IS CONDUCTED.
(B) DUTY TO ADVISE.--THE BOARD SHALL ADVISE THE SECRETARY
WITH RESPECT TO CANCER CONTROL, PREVENTION AND RESEARCH IN THIS
COMMONWEALTH.
(C) APPROVAL OF PROGRAM.--THE BOARD SHALL APPROVE EACH YEAR
A PROGRAM FOR CANCER CONTROL, PREVENTION AND RESEARCH TO BE
KNOWN AS THE PENNSYLVANIA CANCER PLAN.
(D) AWARD OF GRANTS AND CONTRACTS.--IN ORDER TO IMPLEMENT IN
WHOLE OR IN PART THE PENNSYLVANIA CANCER PLAN, THE BOARD SHALL
RECOMMEND TO THE SECRETARY THE AWARDING OF GRANTS AND CONTRACTS
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TO QUALIFIED ASSOCIATIONS, NONPROFIT ORGANIZATIONS OR
GOVERNMENTAL AGENCIES IN ORDER TO PLAN, ESTABLISH OR CONDUCT
PROGRAMS IN CANCER CONTROL OR PREVENTION, CANCER EDUCATION AND
TRAINING AND CANCER CLINICAL RESEARCH.
(E) ELIGIBLE PROGRAMS.--GRANTS AND CONTRACTS MAY BE
RECOMMENDED FOR:
(1) THE CANCER REGISTRY UNDER SECTION 206-B.
(2) CANCER SCREENING, DETECTION AND PREVENTION.
(3) CANCER EPIDEMIOLOGY AND BIOSTATISTICAL STUDIES.
(4) CANCER COMMUNITY OUTREACH PROGRAMS, INCLUDING, BUT
NOT LIMITED TO, GRANTS FOR THE PROVISION OF FACILITIES AND
PERSONNEL FOR CONDUCTING SUMMER CAMPS AND OTHER ACTIVITIES
FOR CANCER-AFFLICTED CHILDREN.
(5) CANCER REHABILITATION.
(6) COMMUNICATION AND PLANNING AMONG CANCER
INSTITUTIONS.
(7) CANCER EDUCATION AND INFORMATION.
(8) CANCER TRAINING.
(9) CANCER CLINICAL RESEARCH.
(F) FUNDING PRIORITIES.--CONSISTENT WITH THE PENNSYLVANIA
CANCER PLAN THE BOARD SHALL GIVE ITS:
(1) FIRST PRIORITY TO FUNDING GRANTS AND CONTRACTS
RELATING TO SUBSECTION (E)(1), (2), (3) AND (4);
(2) SECOND PRIORITY TO FUNDING GRANTS AND CONTRACTS
RELATING TO SUBSECTION (E)(5) AND (6); AND
(3) THIRD PRIORITY TO FUNDING GRANTS AND CONTRACTS
RELATING TO SUBSECTION (E)(7), (8) AND (9).
(G) CRITERIA.--THE FOLLOWING CRITERIA SHALL BE GIVEN
CONSIDERATION FOR RECOMMENDING GRANTS AND CONTRACTS FOR
PROGRAMS:
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(1) THE RELEVANCY OF APPLICANT'S PROPOSAL TO THE
PENNSYLVANIA CANCER PLAN.
(2) THE FEASIBILITY OF THE APPLICANT'S PROPOSAL.
(H) RULES AND REGULATIONS.--THE BOARD SHALL RECOMMEND TO THE
SECRETARY RULES AND REGULATIONS CONSISTENT WITH LAWS OF THIS
COMMONWEALTH AS IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS
DUTIES AND THE PROPER ADMINISTRATION OF THIS ARTICLE.
(I) REPORT.--THE BOARD SHALL REPORT ANNUALLY TO THE GOVERNOR
AND THE GENERAL ASSEMBLY. THE REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FOLLOWING:
(1) A FULL DESCRIPTION OF THE GRANTS AND CONTRACTS
FUNDED PURSUANT TO THIS ARTICLE.
(2) THE AMOUNT OF GRANTS AND CONTRACTS.
(3) AN OUTLINE OF THE PROPOSAL ON WHICH GRANTS WERE
BASED.
(4) THE RESULTS ACHIEVED AS A RESULT OF THE GRANTS.
SECTION 205-B. RESPONSIBILITIES OF SECRETARY.
(A) AWARD OF GRANTS AND CONTRACTS.--THE SECRETARY SHALL
AWARD GRANTS AND CONTRACTS ONLY FROM AMONG THOSE RECOMMENDED BY
THE BOARD TO QUALIFIED ASSOCIATIONS IN THIS COMMONWEALTH AND
GOVERNMENTAL AGENCIES IN ORDER TO PLAN, ESTABLISH OR CONDUCT
PROGRAMS IN CANCER CONTROL AND PREVENTION, CANCER EDUCATION AND
TRAINING AND CANCER RESEARCH. THE SECRETARY MAY REQUEST
ADDITIONAL RECOMMENDATIONS FROM THE BOARD.
(B) ASSISTANCE TO BOARD.--THE SECRETARY SHALL PROVIDE SUCH
STAFF, INFORMATION AND OTHER ASSISTANCE AS THE SECRETARY MAY
DEEM NECESSARY FOR THE COMPLETION OF THE BOARD'S
RESPONSIBILITIES. THE STAFF SHALL BE RESPONSIBLE TO THE
SECRETARY.
SECTION 206-B. CANCER REGISTRY.
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(A) REGISTRY.--THE DEPARTMENT SHALL ESTABLISH A SYSTEM FOR
THE STATEWIDE COLLECTION AND DISSEMINATION OF DATA ON CASES OF
CANCER BY ANATOMICAL SITE, MEDICAL AND OCCUPATIONAL HISTORY OF
PATIENTS, STAGE OF DISEASE AND OTHER DATA NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS ARTICLE AS DETERMINED BY THE
DEPARTMENT.
(B) REQUIRED REPORTING.--PERSONS IN CHARGE OF HOSPITALS AND
LABORATORIES SHALL BE REQUIRED BY THE DEPARTMENT, IN ACCORDANCE
WITH REGULATIONS ADOPTED WITH THE ADVICE OF THE BOARD TO REPORT
CASES OF CANCER ON FORMS FURNISHED BY THE DEPARTMENT.
(C) CONFIDENTIALITY OF INFORMATION.--THE REPORTS REQUIRED
UNDER THIS ARTICLE SHALL BE CONFIDENTIAL AND NOT OPEN TO PUBLIC
INSPECTION OR DISSEMINATION. THIS SUBSECTION SHALL NOT RESTRICT
THE COLLECTION AND ANALYSIS OF DATA BY THE DEPARTMENT OR THOSE
WITH WHICH THE DEPARTMENT CONTRACTS, NOR SHALL IT RESTRICT THE
DEPARTMENT FROM PERMITTING THE USE OF THE REPORTS AND DATA
CONTAINED IN THE REPORTS FOR RESEARCH PURPOSES, SUBJECT TO
STRICT SUPERVISION BY THE DEPARTMENT TO ENSURE THAT THE USE OF
THE REPORTS IS LIMITED TO SPECIFIC RESEARCH PURPOSES.
SECTION 207-B. SUNSET PROVISIONS.
WITH THE EXCEPTION OF SECTION 206-B, THIS ARTICLE SHALL
EXPIRE ON JUNE 30, 2026, UNLESS OTHERWISE EXTENDED BY AN ACT OF
THE GENERAL ASSEMBLY.
SECTION 3. SECTION 1301.1 OF THE ACT IS AMENDED BY ADDING A
DEFINITION TO READ:
SECTION 1301.1. DEFINITIONS.--AS USED IN THIS ARTICLE,
UNLESS THE CONTEXT OTHERWISE REQUIRES:
* * *
"UNITED STATES SAVINGS BOND" SHALL MEAN PROPERTY, TANGIBLE OR
INTANGIBLE, IN THE FORM OF A SAVINGS BOND ISSUED BY THE UNITED
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STATES TREASURY, WHETHER IN PAPER, ELECTRONIC OR PAPERLESS FORM,
ALONG WITH ALL THE PROCEEDS OF THE SAVINGS BOND.
* * *
SECTION 4. SECTION 1301.8 OF THE ACT, AMENDED JULY 10, 2014
(P.L.1053, NO.126), IS AMENDED TO READ:
[SECTION 1301.8. PROPERTY HELD BY FIDUCIARIES.--THE
FOLLOWING PROPERTY HELD BY FIDUCIARIES IS PRESUMED ABANDONED AND
UNCLAIMED:
1. ALL PROPERTY HELD IN A FIDUCIARY CAPACITY FOR THE BENEFIT
OF ANOTHER PERSON, UNLESS THE OWNER, WITHIN THREE (3) YEARS
AFTER IT HAS OR SHALL BECOME PAYABLE OR DISTRIBUTABLE, HAS
INCREASED OR DECREASED THE PRINCIPAL, ACCEPTED PAYMENT OF
PRINCIPAL OR INCOME OR OTHERWISE INDICATED AN INTEREST IN THE
PROPERTY OR IN OTHER PROPERTY OF THE OWNER IN THE POSSESSION,
CUSTODY OR CONTROL OF THE HOLDER.
2. FOR AN INDIVIDUAL RETIREMENT ACCOUNT, A RETIREMENT PLAN
FOR SELF-EMPLOYED INDIVIDUALS OR A SIMILAR ACCOUNT OR PLAN
CREATED PURSUANT TO FEDERAL INTERNAL REVENUE LAW OR TO THE LAW
OF THIS COMMONWEALTH AND NOT SUBJECT TO A MANDATORY DISTRIBUTION
REQUIREMENT, THREE (3) YEARS AFTER THE OWNER HAS:
(I) ATTAINED SEVENTY AND ONE-HALF (70.5) YEARS OF AGE; OR
(II) INDICATED AN INTEREST IN THE ACCOUNT OR PLAN OR IN OTHER
PROPERTY OF THE OWNER IN THE POSSESSION, CUSTODY OR CONTROL OF
THE HOLDER.]
SECTION 1301.8. PROPERTY HELD BY AGENTS-IN-FACT AND
FIDUCIARIES.--(A) THE FOLLOWING PROPERTY HELD BY AGENTS-IN-FACT
OR FIDUCIARIES IS PRESUMED ABANDONED AND UNCLAIMED:
1. ALL PROPERTY HELD BY AN AGENT-IN-FACT OR IN A FIDUCIARY
CAPACITY FOR THE BENEFIT OF ANOTHER PERSON, THREE (3) YEARS
AFTER THE HOLDER HAS LOST CONTACT WITH THE OWNER, UNLESS THE
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OWNER HAS, WITHIN THAT THREE (3) YEAR PERIOD:
(I) INCREASED OR DECREASED THE PRINCIPAL;
(II) ACCEPTED PAYMENT OF PRINCIPAL OR INCOME; OR
(III) OTHERWISE INDICATED AN INTEREST IN THE PROPERTY OR IN
OTHER PROPERTY OF THE OWNER IN THE POSSESSION, CUSTODY OR
CONTROL OF THE HOLDER.
2. AN INDIVIDUAL RETIREMENT ACCOUNT, A RETIREMENT PLAN FOR
SELF-EMPLOYED INDIVIDUALS OR SIMILAR ACCOUNT OR A RETIREMENT
PLAN CREATED PURSUANT TO FEDERAL LAW OR THE LAWS OF THIS
COMMONWEALTH, THREE (3) YEARS AFTER THE HOLDER HAS LOST CONTACT
WITH THE OWNER, UNLESS THE OWNER HAS, WITHIN THAT THREE (3) YEAR
PERIOD:
(I) COMMENCED RECEIVING DISTRIBUTIONS OF PRINCIPAL OR
INCOME;
(II) INCREASED OR DECREASED THE PRINCIPAL;
(III) RECEIVED PAYMENT OF PRINCIPAL OR INCOME; OR
(IV) OTHERWISE INDICATED AN INTEREST IN THE ACCOUNT OR PLAN
OR IN OTHER PROPERTY OF THE OWNER IN POSSESSION, CUSTODY OR
CONTROL OF THE HOLDER.
(B) EXCEPT AS PROVIDED UNDER SUBSECTION (C), THE DATE ON
WHICH THE HOLDER HAS LOST CONTACT WITH THE OWNER IS:
1. THE DATE A SECOND CONSECUTIVE COMMUNICATION SENT BY THE
HOLDER BY FIRST CLASS UNITED STATES MAIL TO THE OWNER IS
RETURNED TO THE HOLDER UNDELIVERED BY THE UNITED STATES POSTAL
SERVICE; OR
2. IF THE SECOND COMMUNICATION IS MADE LATER THAN THIRTY
(30) DAYS AFTER THE FIRST COMMUNICATION IS RETURNED, THE DATE
THE FIRST COMMUNICATION IS RETURNED UNDELIVERED TO THE HOLDER BY
THE UNITED STATES POSTAL SERVICE.
(C) IF THE OWNER DOES NOT RECEIVE COMMUNICATIONS FROM THE
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HOLDER BY UNITED STATES MAIL, THE HOLDER SHALL ATTEMPT TO
CONFIRM THE OWNER'S INTEREST IN THE PROPERTY BY SENDING THE
OWNER AN ELECTRONIC MAIL COMMUNICATION NOT LATER THAN TWO (2)
YEARS AFTER THE OWNER'S LAST INDICATION OF INTEREST IN THE
PROPERTY. IF THE HOLDER RECEIVES NOTIFICATION THAT THE
ELECTRONIC MAIL COMMUNICATION WAS NOT RECEIVED OR IF THE OWNER
DOES NOT RESPOND TO THE ELECTRONIC MAIL COMMUNICATION WITHIN
THIRTY (30) DAYS AFTER THE COMMUNICATION WAS SENT, THE HOLDER
SHALL PROMPTLY ATTEMPT TO CONTACT THE OWNER BY FIRST CLASS
UNITED STATES MAIL. IF THE MAIL IS RETURNED TO THE HOLDER
UNDELIVERED BY THE UNITED STATES POSTAL SERVICE, THE HOLDER
SHALL BE DEEMED TO HAVE LOST CONTACT WITH THE OWNER ON THE DATE
OF THE OWNER'S LAST INDICATION OF INTEREST IN THE PROPERTY.
SECTION 5. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1301.10A. NOTICE GIVEN BY HOLDER.--(A) THE HOLDER
OF PROPERTY PRESUMED ABANDONED SHALL SEND NOTICE TO THE OWNER,
NOT MORE THAN ONE HUNDRED TWENTY (120) DAYS NOR LESS THAN SIXTY
(60) DAYS PRIOR TO THE DATE IN WHICH THE CORRESPONDING REPORT IS
TO BE SUBMITTED TO THE STATE TREASURER, STATING THAT THE HOLDER
IS IN POSSESSION OF PROPERTY SUBJECT TO THIS ARTICLE, IF:
1. THE HOLDER OF PROPERTY HAS IN ITS RECORDS AN ADDRESS FOR
THE OWNER WHICH THE HOLDER'S RECORDS DO NOT DISCLOSE TO BE
INACCURATE; AND
2. THE VALUE OF THE PROPERTY IS FIFTY DOLLARS ($50) OR MORE.
(B) WRITTEN NOTICE SHALL BE SENT BY FIRST CLASS MAIL, UNLESS
THE OWNER HAS PREVIOUSLY AGREED TO A METHOD OF ELECTRONIC NOTICE
THAT REMAINS VALID TO CONTACT THE OWNER, AND INCLUDE:
1. A DESCRIPTION OF THE PROPERTY.
2. A DESCRIPTION OF THE PROPERTY OWNERSHIP.
3. THE VALUE OF THE PROPERTY, IF KNOWN.
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4. ANY INFORMATION NECESSARY TO CONTACT THE HOLDER TO
PREVENT THE REPORTING OF THE PROPERTY TO THE STATE TREASURER.
(C) IN ADDITION TO THE NOTICE REQUIRED UNDER SUBSECTION (A),
THE HOLDER OF PROPERTY MAY GIVE ADDITIONAL NOTICE AT ANY TIME
BETWEEN THE DATE OF LAST ACTIVITY BY OR COMMUNICATION WITH THE
OWNER OF THE PROPERTY AND THE DATE THE HOLDER TRANSFERS THE
PROPERTY TO THE CUSTODY AND CONTROL OF THE STATE TREASURER.
(D) IN ADDITION TO THE VERIFICATION REQUIRED UNDER SECTION
1301.11, THE HOLDER OF PROPERTY SHALL INCLUDE AN AFFIRMATION OF
COMPLIANCE WITH SUBSECTION (A).
(E) NO COST OR FEE SHALL BE IMPOSED UPON AN OWNER ASSOCIATED
WITH ANY NOTICE UNDER THIS SECTION.
SECTION 1301.10B. UNITED STATES SAVINGS BONDS.--(A) IT IS
THE INTENT OF THE GENERAL ASSEMBLY TO ALLOW THE STATE TREASURER
TO OBTAIN POSSESSION OF UNREDEEMED AND UNCLAIMED UNITED STATES
SAVINGS BONDS ON BEHALF OF RESIDENTS OF THIS COMMONWEALTH BUT
HELD BY THE FEDERAL GOVERNMENT TO PERMIT AND FACILITATE THE
RIGHT OF PENNSYLVANIA BOND HOLDERS TO BE REUNITED WITH THE BOND
HOLDERS' UNITED STATES SAVINGS BONDS PROCEEDS.
(B) ANY SUM DUE AS PRINCIPAL OR INTEREST ON A UNITED STATES
SAVINGS BOND OR DEBENTURE, OR COUPONS ATTACHED THERETO, WHENEVER
THE BOND HAS REMAINED UNCLAIMED AND UNREDEEMED BY THE OWNER FOR
MORE THAN THREE (3) YEARS AFTER ITS DATE OF FINAL MATURITY AND
IN WHICH THE OWNER HAS NOT INDICATED AN INTEREST, SHALL BE
PRESUMED ABANDONED AND UNCLAIMED.
(C) NOTWITHSTANDING ANY LAW TO THE CONTRARY, UNITED STATES
SAVINGS BONDS THAT ARE UNCLAIMED PROPERTY PURSUANT TO SECTION
1301.10(1) SHALL ESCHEAT TO THE COMMONWEALTH THREE (3) YEARS
AFTER BECOMING UNCLAIMED PROPERTY BY VIRTUE OF THE PROVISIONS OF
SECTION 1301.2. ALL PROPERTY RIGHTS AND LEGAL TITLE TO AND
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OWNERSHIP OF UNITED STATES SAVING BONDS OR PROCEEDS FROM THE
BONDS, INCLUDING ALL RIGHTS, POWERS AND PRIVILEGES OF
SURVIVORSHIP OF ANY OWNER, CO-OWNER OR BENEFICIARY, SHALL VEST
SOLELY IN THE COMMONWEALTH ACCORDING TO PROCEDURES SET FORTH IN
SUBSECTIONS (D), (E), (F), (G) AND (H).
(D) WITHIN ONE HUNDRED EIGHTY (180) DAYS AFTER BECOMING
REPORTABLE AS UNCLAIMED PROPERTY PURSUANT TO SECTION 1301.10(1),
IF NO CLAIM HAS BEEN FILED IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 1301.19 FOR A UNITED STATES SAVINGS BOND, THE STATE
TREASURER MAY COMMENCE A CIVIL ACTION IN COMMONWEALTH COURT FOR
A DETERMINATION THAT THE UNITED STATES SAVINGS BOND SHALL
ESCHEAT TO THE COMMONWEALTH. THE STATE TREASURER MAY POSTPONE
BRINGING THE ACTION UNTIL SUFFICIENT UNITED STATES SAVINGS BONDS
HAVE ACCUMULATED TO JUSTIFY, IN THE STATE TREASURER'S OPINION,
THE EXPENSE OF THE PROCEEDINGS.
(E) THE STATE TREASURER SHALL MAKE SERVICE BY PUBLICATION OF
THE PROCEEDING IN ACCORDANCE WITH PA.R.C.P. NO. 430 (RELATING TO
SERVICE PURSUANT TO SPECIAL ORDER OF COURT. PUBLICATION). IN
ADDITION, THE NOTICE SHALL NAME ANY KNOWN OWNER, CO-OWNER OR
BENEFICIARY TO BE SERVED AND NOTIFY THE PERSON THAT:
1. THE PERSON HAS BEEN SUED IN COMMONWEALTH COURT;
2. THE PERSON SHALL ANSWER THE PETITION OR OTHER PLEADING OR
OTHERWISE DEFEND, ON OR BEFORE A SPECIFIED DATE, NOT LESS THAN
FORTY-ONE (41) DAYS AFTER THE DATE THE NOTICE IS FIRST
PUBLISHED;
3. IF THE PERSON DOES NOT ANSWER OR OTHERWISE RESPOND, THE
PETITION OR OTHER PLEADING SHALL BE TAKEN AS TRUE, AND JUDGMENT,
THE NATURE OF WHICH SHALL BE STATED, SHALL BE RENDERED
ACCORDINGLY.
(F) THE COMMONWEALTH COURT, IF SATISFIED BY EVIDENCE THAT
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THE STATE TREASURER HAS SUBSTANTIALLY COMPLIED WITH THE LAWS OF
THIS COMMONWEALTH, SHALL ENTER A JUDGMENT THAT THE UNITED STATES
SAVING BOND HAS ESCHEATED TO THE COMMONWEALTH IF:
1. NO PERSON FILES A CLAIM OR APPEARS AT THE HEARING TO
SUBSTANTIATE A CLAIM; OR
2. THE COMMONWEALTH COURT DETERMINES THAT A CLAIMANT IS NOT
ENTITLED TO THE PROPERTY CLAIMED BY THE CLAIMANT.
(G) THE STATE TREASURER SHALL REDEEM THE UNITED STATES
SAVINGS BONDS ESCHEATED TO THE COMMONWEALTH. THE PROCEEDS, MINUS
ADMINISTRATIVE EXPENSES AND EXPENSES INCURRED BY THE
COMMONWEALTH IN SECURING TITLE TO THE BONDS, FROM THE REDEMPTION
OF UNITED STATES SAVINGS BONDS SHALL BE DEPOSITED IN THE GENERAL
FUND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1301.18.
(H) NOTWITHSTANDING ANY LAW TO THE CONTRARY, A PERSON MAKING
A CLAIM FOR UNITED STATES SAVINGS BONDS ESCHEATED TO THE
COMMONWEALTH UNDER THIS SECTION, OR FOR THE PROCEEDS FROM THE
BONDS, MAY FILE A CLAIM WITH THE STATE TREASURER. UPON PROVIDING
SUFFICIENT PROOF OF THE VALIDITY OF THE PERSON'S CLAIM, THE
STATE TREASURER SHALL PAY THE CLAIM. IF PAYMENT HAS BEEN MADE TO
A CLAIMANT, NO ACTION SHALL BE MAINTAINED BY ANY OTHER CLAIMANT
AGAINST THE COMMONWEALTH OR ANY OFFICER OF THE COMMONWEALTH, FOR
OR ON ACCOUNT OF THE FUNDS.
SECTION 6. SECTION 1301.11A(B) AND (D) OF THE ACT, ADDED
JULY 10, 2014 (P.L.1053, NO.126), IS AMENDED TO READ:
SECTION 1301.11A. CERTIFICATE OF FINDER REGISTRATION.--* * *
(B) AN APPLICATION FOR A CERTIFICATE OF REGISTRATION SHALL
BE IN WRITING AND ON THE FORM PRESCRIBED BY THE STATE TREASURER
AND ACCOMPANIED BY A RECENT FULL FACE COLOR PHOTOGRAPH OF THE
APPLICANT. IN ADDITION TO INFORMATION THAT MAY BE REQUESTED BY
THE STATE TREASURER, THE APPLICATION SHALL PROVIDE THE
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FOLLOWING:
1. THE APPLICANT'S FULL NAME, TELEPHONE NUMBER, E-MAIL
ADDRESS, HOME ADDRESS AND WORK ADDRESS;
2. A STATEMENT THAT THE APPLICANT HAS NOT, DURING THE TEN-
YEAR (10) PERIOD IMMEDIATELY PRECEDING THE SUBMISSION OF THE
APPLICATION, VIOLATED A PROVISION OF THIS ARTICLE OR [HAS] BEEN
CONVICTED OF A FELONY OR AN OFFENSE OF:
(I) THEFT OR OTHER RELATED OFFENSES AGAINST PROPERTY AS
ENUMERATED UNDER 18 PA.C.S. CH. 39 (RELATING TO THEFT AND
RELATED OFFENSES) OR ITS EQUIVALENT IF COMMITTED IN ANOTHER
JURISDICTION;
(II) FORGERY OR OTHER FRAUDULENT PRACTICES AS ENUMERATED IN
18 PA.C.S. CH. 41 (RELATING TO FORGERY AND FRAUDULENT PRACTICES)
OR ITS EQUIVALENT IF COMMITTED IN ANOTHER JURISDICTION; OR
(III) PERJURY, FALSE SWEARING, FRAUD OR OTHER OFFENSE AS
ENUMERATED IN 18 PA.C.S. CH. 49 SUBCH. A (RELATING TO PERJURY
AND FALSIFICATION IN OFFICIAL MATTERS) OR ITS EQUIVALENT IF
COMMITTED IN ANOTHER JURISDICTION;
3. A STATEMENT THAT, TO THE APPLICANT'S KNOWLEDGE, THE
APPLICANT IS NOT THE SUBJECT OF AN ONGOING INVESTIGATION OR
PROSECUTION INVOLVING AN ALLEGED VIOLATION OF A PROVISION OF
THIS ARTICLE OR AN OFFENSE OF:
(I) THEFT OR OTHER RELATED OFFENSES AGAINST PROPERTY AS
ENUMERATED UNDER 18 PA.C.S. CH. 39 OR ITS EQUIVALENT IF
COMMITTED IN ANOTHER JURISDICTION;
(II) FORGERY OR OTHER FRAUDULENT PRACTICES AS ENUMERATED IN
18 PA.C.S. CH. 41 OR ITS EQUIVALENT IF COMMITTED IN ANOTHER
JURISDICTION; OR
(III) PERJURY, FALSE SWEARING, FRAUD OR OTHER OFFENSE AS
ENUMERATED IN 18 PA.C.S. CH. 49 SUBCH. A OR ITS EQUIVALENT IF
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COMMITTED IN ANOTHER JURISDICTION; AND
4. THE NOTARIZED SIGNATURE OF THE APPLICANT IMMEDIATELY
FOLLOWING AN ACKNOWLEDGMENT THAT A FALSE OR PERJURED STATEMENT
SUBJECTS THE APPLICANT TO CRIMINAL LIABILITY.
* * *
(D) A CERTIFICATE OF REGISTRATION WITH A UNIQUE REGISTRATION
NUMBER MAY BE ISSUED TO AN APPLICANT IF THE FOLLOWING CONDITIONS
ARE MET:
1. DURING THE TEN-YEAR (10) PERIOD IMMEDIATELY PRECEDING THE
SUBMISSION OF THE APPLICATION, THE APPLICANT HAS NOT VIOLATED A
PROVISION OF THIS ARTICLE OR [HAS] BEEN CONVICTED OF A FELONY OR
AN OFFENSE OF:
(I) THEFT OR OTHER RELATED OFFENSES AGAINST PROPERTY AS
ENUMERATED UNDER 18 PA.C.S. CH. 39 OR ITS EQUIVALENT IF
COMMITTED IN ANOTHER JURISDICTION;
(II) FORGERY OR OTHER FRAUDULENT PRACTICES AS ENUMERATED IN
18 PA.C.S. CH. 41 OR ITS EQUIVALENT IF COMMITTED IN ANOTHER
JURISDICTION; OR
(III) PERJURY, FALSE SWEARING, FRAUD OR OTHER OFFENSE AS
ENUMERATED IN 18 PA.C.S. CH. 49 SUBCH. A OR ITS EQUIVALENT IF
COMMITTED IN ANOTHER JURISDICTION; AND
2. THE APPLICANT HAS EXECUTED A SWORN STATEMENT THAT IS A
COMMITMENT TO CONDUCT HIS ACTIONS AS A FINDER OF ABANDONED AND
UNCLAIMED PROPERTY IN COMPLIANCE WITH THIS ARTICLE AND THE
REGULATIONS PROMULGATED UNDER THIS ARTICLE.
* * *
SECTION 7. SECTION 1301.12 OF THE ACT, AMENDED JUNE 29, 2002
(P.L.614, NO.91), NOVEMBER 9, 2006 (P.L.1335, NO.138) AND
OCTOBER 9, 2009 (P.L.537, NO.50) IS AMENDED TO READ:
SECTION 1301.12. NOTICE AND PUBLICATION OF LISTS OF PROPERTY
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SUBJECT TO CUSTODY AND CONTROL OF THE COMMONWEALTH UNDER THIS
ARTICLE.--(A) WITHIN TWELVE (12) MONTHS FROM THE FILING OF THE
REPORT REQUIRED BY SECTION 1301.11, THE STATE TREASURER SHALL
CAUSE NOTICE TO BE PUBLISHED AT LEAST ONCE IN A LEGAL NEWSPAPER
AS WELL AS AN ENGLISH LANGUAGE NEWSPAPER OF GENERAL CIRCULATION
IN THE COUNTY IN WHICH THE OWNER OF THE PROPERTY HAD A LAST
KNOWN ADDRESS APPEARING FROM THE VERIFIED REPORT FILED BY THE
HOLDER OR, IF THERE IS NO NAME OR ADDRESS OR THE OWNER IS NOT A
PENNSYLVANIA RESIDENT, THEN AT LEAST ONE TIME IN THE
PENNSYLVANIA BULLETIN. NOTICE SHALL ALSO BE POSTED ON THE
INTERNET WEBSITE OF THE TREASURY DEPARTMENT.
(B) THE PUBLISHED NOTICE SHALL BE ENTITLED "NOTICE OF NAMES
OF PERSONS APPEARING TO BE OWNERS OF ABANDONED AND UNCLAIMED
PROPERTY," AND SHALL CONTAIN:
1. THE NAMES [AND LAST KNOWN ADDRESSES, IF ANY,] OF PERSONS
LISTED IN THE REPORT AND ENTITLED TO NOTICE WITHIN THE COUNTY AS
HEREINBEFORE SPECIFIED AND THE NAME AND ADDRESS OF THE HOLDER;
2. A STATEMENT THAT INFORMATION CONCERNING THE AMOUNT OR
DESCRIPTION OF THE PROPERTY AND THE NAME AND ADDRESS OF THE
HOLDER MAY BE OBTAINED BY ANY PERSONS POSSESSING AN INTEREST IN
THE PROPERTY BY ADDRESSING AN INQUIRY TO THE HOLDER;
3. A STATEMENT THAT A PROOF OF CLAIM SHOULD BE PRESENTED BY
THE OWNER TO THE HOLDER WITHIN THREE (3) MONTHS FROM THE DATE OF
THE PUBLISHED NOTICE, AND THAT THEREAFTER CLAIMS SHOULD BE FILED
WITH THE STATE TREASURER.
(C) THE STATE TREASURER IS NOT REQUIRED TO INCLUDE IN SUCH
NOTICE PUBLISHED IN AN ENGLISH LANGUAGE NEWSPAPER OF GENERAL
CIRCULATION ANY ITEM OF LESS THAN TWO HUNDRED FIFTY DOLLARS
($250) OR TO INCLUDE IN SUCH NOTICE PUBLISHED IN A LEGAL
NEWSPAPER ANY ITEM OF LESS THAN TWO HUNDRED FIFTY DOLLARS
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($250), UNLESS THE STATE TREASURER, IN EITHER INSTANCE, DEEMS
SUCH PUBLICATION TO BE IN THE PUBLIC INTEREST.
(D) WITHIN NINE (9) MONTHS FROM THE RECEIPT OF THE REPORT
REQUIRED BY SECTION 1301.11, THE STATE TREASURER SHALL MAIL A
NOTICE TO EACH PERSON HAVING AN ADDRESS LISTED WHO APPEARS TO BE
ENTITLED TO PROPERTY OF THE VALUE OF TWO HUNDRED FIFTY DOLLARS
($250) OR MORE SUBJECT TO CUSTODY AND CONTROL OF THE
COMMONWEALTH UNDER THIS ARTICLE. THE MAILED NOTICE SHALL
CONTAIN:
1. A STATEMENT THAT, ACCORDING TO A REPORT FILED WITH THE
STATE TREASURER, PROPERTY IS BEING HELD TO WHICH THE ADDRESSEE
APPEARS ENTITLED;
2. THE NAME AND ADDRESS OF THE HOLDER OF THE PROPERTY AND
ANY NECESSARY INFORMATION REGARDING CHANGES OF NAME AND ADDRESS
OF THE HOLDER;
3. A STATEMENT THAT, IF SATISFACTORY PROOF OF CLAIM IS NOT
PRESENTED BY THE OWNER TO THE HOLDER BY THE DATE SPECIFIED IN
THE PUBLISHED NOTICE, CLAIMS SHOULD THEREAFTER BE FILED WITH THE
STATE TREASURER.
(E) THIS SECTION IS NOT APPLICABLE TO SUMS PAYABLE ON
TRAVELERS CHECKS AND MONEY ORDERS OR TO PROPERTY REPORTED TO BE
WITHOUT A RIGHTFUL OR LAWFUL OWNER.
(F) COMPLIANCE WITH THE PUBLICATION REQUIREMENTS OF THIS
SECTION SHALL BE BASED ON THE BEST AVAILABLE COMMERCIAL RATES
AND SUBJECT TO AVAILABLE APPROPRIATIONS.
SECTION 8. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XVI-B.1
CAPITAL FACILITIES
SECTION 1601-B.1. APPLICATIONS.
NOTWITHSTANDING SECTION 318 OF THE ACT OF FEBRUARY 9, 1999
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(P.L.1, NO.1), KNOWN AS THE CAPITAL FACILITIES DEBT ENABLING
ACT, A REDEVELOPMENT ASSISTANCE CAPITAL PROJECT MAY RECEIVE
FUNDS IF THE PROJECT WAS ITEMIZED IN A CAPITAL PROJECT
ITEMIZATION BILL OR A CAPITAL BUDGET BILL THAT WAS ENACTED MORE
THAN 10 YEARS BEFORE THE DATE THE PROJECT IS APPROVED UNDER
SECTION 318 OF THE CAPITAL FACILITIES DEBT ENABLING ACT,
PROVIDED THAT THE OFFICE OF THE BUDGET RECEIVED AN APPLICATION
OR OTHER WRITTEN FORM OF REQUEST FOR REDEVELOPMENT ASSISTANCE
CAPITAL PROJECT GRANT FUNDING FOR THE PROJECT FROM A PROSPECTIVE
APPLICANT DURING THE TIME PERIOD FROM JANUARY 9, 2015, THROUGH
MAY 18, 2015.
SECTION 9. SECTION 1608-E HEADING AND (A) OF THE ACT, ADDED
APRIL 25, 2016 (P.L.168, NO.25), ARE AMENDED AND THE SECTION IS
AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 1608-E. [ENVIRONMENTAL STEWARDSHIP FUND] TRANSFERS AND
ALLOCATIONS.
(A) [TRANSFER] ENVIRONMENTAL STEWARDSHIP FUND TRANSFER.--
NOTWITHSTANDING 58 PA.C.S. ยง 2505(B)(1)(II) (RELATING TO FUNDS),
THE AMOUNT TRANSFERRED FROM THE FUND TO THE MARCELLUS LEGACY
FUND FOR DISTRIBUTION TO THE ENVIRONMENTAL STEWARDSHIP FUND IN
FISCAL YEAR 2015-2016 AND FISCAL YEAR 2016-2017 SHALL BE
$20,000,000.
(A.1) HAZARDOUS SITES CLEANUP FUND TRANSFER.--
NOTWITHSTANDING 58 PA.C.S. ยง 2505(B)(2)(II), THE AMOUNT
TRANSFERRED FROM THE FUND TO THE MARCELLUS LEGACY FUND FOR
DISTRIBUTION TO THE HAZARDOUS SITES CLEANUP FUND IN FISCAL YEAR
2016-2017 SHALL BE $5,000,000.
* * *
SECTION 9.1. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1609-E. OIL AND GAS CONSERVATION.
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NOTWITHSTANDING SECTION 3(B) OF THE ACT OF JULY 25, 1961
(P.L.825, NO.359), KNOWN AS THE OIL AND GAS CONSERVATION LAW,
THE OIL AND GAS CONSERVATION LAW SHALL NOT APPLY TO OR AFFECT
ANY WELL OR WELLS WHICH DO NOT PENETRATE THE ONONDAGA HORIZON,
OR IN THOSE AREAS IN WHICH THE ONONDAGA HORIZON IS NEARER TO THE
SURFACE THAN 3,800 FEET, ANY WELL OR WELLS WHICH DO NOT EXCEED A
DEPTH OF 3,800 FEET BENEATH THE SURFACE OR ANY WELL OR WELLS
THAT UNINTENTIONALLY PENETRATE THE ONONDAGA HORIZON AND DO NOT
INTENTIONALLY PRODUCE OIL OR GAS FROM THE ONONDAGA HORIZON. FOR
THE PURPOSES OF THE OIL AND GAS CONSERVATION LAW, THE QUESTION
WHETHER A POOL IS COVERED BY THAT LAW SHALL BE DETERMINED BY THE
DEPTH OF THE PRODUCING INTERVAL IN THE DISCOVERY WELL IN SUCH
POOL, AND IF SUCH PRODUCING INTERVAL IS COVERED BY THAT LAW, ALL
WELLS DRILLED TO SUCH POOL SHALL BE COVERED BY THAT LAW, EVEN
THOUGH SOME OF THE WELLS IN THE POOL, IF CONSIDERED ALONE, WOULD
NOT BE COVERED BY THAT LAW.
SECTION 9.2. SECTION 1601-J OF THE ACT, ADDED JULY 6, 2010
(P.L.279, NO.46), IS AMENDED TO READ:
SECTION 1601-J. [PROGRAM.
(A) ESTABLISHMENT.--THE HERITAGE AREA PROGRAM IS ESTABLISHED
WITHIN THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES TO
IDENTIFY, PROTECT, ENHANCE AND PROMOTE THE HISTORIC,
RECREATIONAL, NATURAL, CULTURAL AND SCENIC RESOURCES OF THIS
COMMONWEALTH.
(B) ADMINISTRATION.--THE DEPARTMENT SHALL ADOPT GUIDELINES
AND POLICIES FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE
PROGRAM.
(C) FUNDING.--THE DEPARTMENT MAY ALLOCATE FUNDS APPROPRIATED
TO THE DEPARTMENT FOR GRANTS AND INVESTMENT PROGRAMS WITHIN
HERITAGE AREAS, INCLUDING ADMINISTRATION AND OPERATION.] SCOPE
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OF ARTICLE.
THIS ARTICLE RELATES TO THE HERITAGE AREA PROGRAM.
SECTION 9.3. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1602-J. DECLARATION OF POLICY.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(1) THE ACT OF JUNE 28, 1995 (P.L.89, NO.18), KNOWN AS
THE CONSERVATION AND NATURAL RESOURCES ACT, CREATED THE
DEPARTMENT AND EMPOWERED THE DEPARTMENT TO ADMINISTER STATE
HERITAGE CONSERVATION PROGRAMS, SUCH AS THE PENNSYLVANIA
HERITAGE PARKS PROGRAM.
(2) THE PENNSYLVANIA HERITAGE PARKS PROGRAM CONSISTS OF
HERITAGE AREAS, WHICH ARE MULTICOUNTY REGIONS LOCATED IN THIS
COMMONWEALTH AND DESIGNATED BY GUBERNATORIAL ACTION THAT
PROMOTES AN APPRECIATION OF THE HISTORY AND HERITAGE OF THE
REGIONS.
(3) SINCE 1989, HERITAGE AREAS ASSIST COMMUNITIES IN
DEVELOPING, RESTORING, PRESERVING AND CONSERVING NATIONALLY,
STATE AND LOCALLY SIGNIFICANT HISTORIC, CULTURAL, NATURAL AND
RECREATIONAL RESOURCES THROUGH CAPITAL AND PROGRAMMATIC
INVESTMENTS.
(4) HERITAGE AREAS HAVE SUCCESSFULLY DEMONSTRATED THE
ABILITY TO CREATE PUBLIC, PRIVATE AND NONPROFIT INVESTMENT
PARTNERSHIPS LEVERAGING SIGNIFICANT INVESTMENTS FOR EVERY
DOLLAR OF COMMONWEALTH FUNDS.
(5) HERITAGE AREAS ARE A KEY CATALYST IN REGIONS OF THIS
COMMONWEALTH FOR ECONOMIC GROWTH AND COMMUNITY DEVELOPMENT
STRATEGIES AND INVESTMENTS RESULTING IN TOURISM PROMOTION,
SMALL BUSINESS DEVELOPMENT AND THE CREATION OF JOBS.
(6) THE COMMONWEALTH'S PROGRAM HAS LONG BEEN RECOGNIZED,
STUDIED AND REPLICATED BY OTHER STATES AND THE NATIONAL PARK
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SERVICE AS A MODEL FOR SUCCESSFUL HERITAGE AND COMMUNITY
CONSERVATION AND DEVELOPMENT.
(7) DUE TO THE SUCCESS OF THE PROGRAM, A TARGETED EFFORT
SHOULD BE MADE TO PROMOTE THIS COMMONWEALTH'S HERITAGE AREAS
BY PROVIDING DEDICATED FUNDING.
SECTION 1603-J. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES OF THE COMMONWEALTH.
"HERITAGE AREA." A COMMONWEALTH-DESIGNATED REGION, MANAGED
BY A NONPROFIT ORGANIZATION OR GOVERNMENTAL ENTITY, WHICH
CONSERVES NATIONALLY SIGNIFICANT AND STATE-SIGNIFICANT
LANDSCAPES AND DEVELOPS, PROTECTS, INTERPRETS AND PROMOTES ITS
HISTORIC, CULTURAL, NATURAL AND RECREATIONAL RESOURCES TO
STIMULATE ECONOMIC AND COMMUNITY DEVELOPMENT.
"PROGRAM." THE HERITAGE AREA PROGRAM.
"SECRETARY." THE SECRETARY OF THE DEPARTMENT OF CONSERVATION
AND NATURAL RESOURCES OF THE COMMONWEALTH.
SECTION 1604-J. HERITAGE AREA PROGRAM.
(A) ESTABLISHMENT.--THE HERITAGE AREA PROGRAM IS ESTABLISHED
WITHIN THE DEPARTMENT TO IDENTIFY, PROTECT, DEVELOP, ENHANCE AND
PROMOTE THE HISTORIC, RECREATIONAL, NATURAL, CULTURAL AND SCENIC
RESOURCES OF THIS COMMONWEALTH AND TO STIMULATE COMMUNITY
REVITALIZATION AND ECONOMIC DEVELOPMENT THROUGH REGIONAL
HERITAGE CONSERVATION, RECREATION, TOURISM AND PARTNERSHIPS.
(B) ADMINISTRATION.--
(1) THE DEPARTMENT SHALL ADOPT PROGRAM GUIDELINES AND
POLICIES FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE
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PROGRAM.
(2) THE DEPARTMENT SHALL CONSULT WITH THE HERITAGE AREAS
ON AN ANNUAL BASIS TO DISCUSS PROGRAM GOALS, GUIDELINES AND
POLICIES.
(C) FUNDING.--THE DEPARTMENT SHALL, UNDER SUBSECTION (F),
ALLOCATE FUNDS APPROPRIATED TO THE DEPARTMENT TO THE PROGRAM FOR
THE FOLLOWING PURPOSES:
(1) MANAGEMENT, ADMINISTRATION, OPERATION AND MARKETING
OF HERITAGE AREAS.
(2) PLANNING, IMPLEMENTATION, TECHNICAL ASSISTANCE AND
EDUCATIONAL PROJECTS AND PROGRAMS RELATED TO HERITAGE AREAS.
(3) DEVELOPMENT, CONSTRUCTION, REHABILITATION, REPAIR,
ACQUISITION, PRESERVATION AND ENHANCEMENT OF LANDS, BUILDINGS
AND OTHER STRUCTURES RELATED TO HERITAGE AREAS.
(4) PROTECTION, DOCUMENTATION, INTERPRETATION AND
PROMOTION OF THE CULTURAL, NATURAL, SCENIC, RECREATIONAL AND
HISTORIC RESOURCES OF HERITAGE AREAS.
(5) ESTABLISHMENT OF PARTNERSHIPS AND COALITIONS OF
GOVERNMENTAL AND NONGOVERNMENTAL AGENCIES AND ORGANIZATIONS
TO ASSIST HERITAGE AREAS WITH THE IMPLEMENTATION OF
MANAGEMENT ACTION PLANS.
(6) ANY OTHER ACTIVITIES DEEMED APPROPRIATE BY THE
DEPARTMENT.
(D) USE.--A HERITAGE AREA MAY USE THE FUNDING ALLOCATED BY
THE DEPARTMENT FOR THE PROGRAM TO PROVIDE A GRANT TO ANOTHER
ENTITY AND ORGANIZATION, INCLUDING A COUNTY, MUNICIPALITY,
AUTHORITY, NONPROFIT ORGANIZATION, OTHER AUTHORIZED
ORGANIZATION, PRIVATE SECTOR FIRM OR BUSINESS, IF THE PURPOSE OF
THE GRANT MEETS THE REQUIREMENTS OF SUBSECTION (C).
(E) ELIGIBILITY.--IN ADDITION TO ANY OTHER FUNDING PROVIDED
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TO A HERITAGE AREA, A HERITAGE AREA SHALL BE ELIGIBLE TO APPLY
FOR A GRANT AND LOAN PROGRAM ADMINISTERED BY THE DEPARTMENT OR
OTHER FEDERAL OR STATE AGENCY OR ENTITY.
(F) AMOUNT.--
(1) THE DEPARTMENT SHALL DISTRIBUTE FUNDS TO THE PROGRAM
BASED ON ESTABLISHED PROGRAM GOALS, GUIDELINES AND POLICIES.
(2) THE DEPARTMENT SHALL ALLOCATE ALL FUNDS APPROPRIATED
ANNUALLY FOR THE PROGRAM AND EACH STATE-DESIGNATED HERITAGE
AREA SHALL RECEIVE A MINIMUM AMOUNT ESTABLISHED BY THE
PROGRAM GOALS, GUIDELINES AND POLICIES.
(G) ADMINISTRATIVE USE.--THE DEPARTMENT MAY USE NO MORE THAN
5% OF THE FUNDING APPROPRIATED ANNUALLY FOR THE PROGRAM FOR
ADMINISTRATIVE EXPENSES, INCLUDING THE DEVELOPMENT OF A
STRATEGIC PLAN OR OTHER APPROPRIATE INITIATIVE RELATED TO THE
ADMINISTRATION OF THE PROGRAM.
SECTION 9.4. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE XVI-K
BUSINESS IN OUR SITES PROGRAM ACCOUNT
SECTION 1601-K. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"AUTHORITY." THE COMMONWEALTH FINANCING AUTHORITY
ESTABLISHED UNDER 64 PA.C.S. CH. 15 (RELATING TO COMMONWEALTH
FINANCING AUTHORITY).
SECTION 1602-K. TRANSFERS OF FUNDS.
THE AUTHORITY SHALL MAKE ALL OF THE FOLLOWING TRANSFERS:
(1) $50,000,000 FROM THE FIRST INDUSTRIES PROGRAM
ACCOUNT ESTABLISHED UNDER 64 PA.C.S. ยง 1542(B) (RELATING TO
REVOLVING LOAN PROGRAM ACCOUNT) TO THE BUSINESS IN OUR SITES
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PROGRAM ACCOUNT ESTABLISHED UNDER 64 PA.C.S. ยง 1542(A),
SUBJECT TO THE PROVISIONS OF ANY PLEDGE TO OR AGREEMENT MADE
BY THE AUTHORITY WITH OR FOR THE BENEFIT OF OBLIGEES OF THE
AUTHORITY.
(2) $25,000,000 FROM THE TRUST ACCOUNT ESTABLISHED UNDER
64 PA.C.S. ยง 1541 (RELATING TO TRUST ACCOUNTS) FOR THE
BUILDING PENNSYLVANIA PROGRAM TO THE BUSINESS IN OUR SITES
PROGRAM ACCOUNT ESTABLISHED UNDER 64 PA.C.S. ยง 1542(A),
SUBJECT TO THE PROVISIONS OF ANY PLEDGE TO OR AGREEMENT MADE
BY THE AUTHORITY WITH OR FOR THE BENEFIT OF OBLIGEES OF THE
AUTHORITY.
SECTION 1603-K. BUSINESS IN OUR SITES PROGRAM LIMITATIONS.
A PROJECT GRANT AWARDED UNDER 64 PA.C.S. ยง 1551(F) (RELATING
TO BUSINESS IN OUR SITES PROGRAM) SHALL NOT EXCEED 40% OF THE
TOTAL AMOUNT OF FINANCING AWARDED BY THE BOARD OF DIRECTORS OF
THE AUTHORITY FOR THE PROJECT OR $4,000,000, WHICHEVER IS LESS.
NO MORE THAN ONE-THIRD OF THE FUNDS MADE AVAILABLE FOR THE
PROGRAM AUTHORIZED BY 64 PA.C.S. ยง 1551, INCLUDING LOAN
REPAYMENTS AND FUNDS TRANSFERRED PURSUANT TO THIS ACT, MAY BE
USED FOR ALL PROJECT GRANTS.
ARTICLE XVI-M
TRANSPORTATION NETWORK COMPANIES
AND MOTOR CARRIER COMPANIES
SECTION 1601-M. TRANSPORTATION NETWORK COMPANIES.
(A) CERTIFICATE OF PUBLIC CONVENIENCE.--A TRANSPORTATION
NETWORK COMPANY OPERATING PURSUANT TO A CERTIFICATE OF PUBLIC
CONVENIENCE FOR EXPERIMENTAL SERVICE ISSUED BY THE COMMISSION
MAY OPERATE IN A CITY OF THE FIRST CLASS UNDER THIS SECTION.
(B) REGULATIONS.--A PARKING AUTHORITY OF A CITY OF THE FIRST
CLASS MAY ADOPT REASONABLE TEMPORARY REGULATIONS RELATING TO
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ENFORCEMENT UNDER THIS SECTION THAT DO NOT IMPOSE ADDITIONAL
BURDENS ON THE TRANSPORTATION NETWORK COMPANY AND ARE CONSISTENT
WITH THOSE IMPOSED BY THE COMMISSION ON TRANSPORTATION NETWORK
COMPANIES UNDER THE CERTIFICATE OF PUBLIC CONVENIENCE.
REGULATIONS UNDER THIS SUBSECTION SHALL EXPIRE UPON THE
EXPIRATION OF THIS SECTION. A TRANSPORTATION NETWORK COMPANY
DRIVER OPERATING IN A CITY OF THE FIRST CLASS MAY NOT SOLICIT OR
ACCEPT A PREARRANGED RIDE AT ANY OF THE FOLLOWING LOCATIONS:
(1) AN INTERNATIONAL AIRPORT OWNED BY THE CITY AND
LOCATED IN WHOLE OR IN PART IN THE CITY. NOTHING UNDER THIS
PARAGRAPH MAY BE CONSTRUED TO LIMIT THE ABILITY OF A
MUNICIPALITY OR OTHER GOVERNING AUTHORITY THAT OWNS OR
OPERATES AN AIRPORT LOCATED, IN WHOLE OR IN PART, IN THE CITY
FROM ADOPTING CONTRACTS, LICENSES AND REGULATIONS RELATING TO
THE DUTIES AND RESPONSIBILITIES ON AIRPORT PROPERTY OF A
TRANSPORTATION NETWORK SERVICE OR A TRANSPORTATION NETWORK
COMPANY DRIVER, INCLUDING THE IMPOSITION OF REASONABLE FEES.
(2) A DESIGNATED TAXI STAND, NO STOPPING OR STANDING
ZONE OR OTHER AREA WHERE A PERSONAL VEHICLE MAY NOT ENTER AT
A TRAIN STATION OWNED BY AMTRAK LOCATED IN THE CITY.
(3) AN ORGANIZED LINE OF TAXIS AT A HOTEL UTILIZED TO
PROVIDE SERVICES TO PATRONS AND VISITORS AT THE HOTEL.
(C) DISQUALIFICATION OF DRIVERS.--THE FOLLOWING SHALL APPLY
TO A PARKING AUTHORITY OF A CITY OF THE FIRST CLASS:
(1) THE AUTHORITY MAY ISSUE AN ORDER TO A TRANSPORTATION
NETWORK COMPANY REQUIRING DISQUALIFICATION OF A DRIVER FROM
BEING A TRANSPORTATION NETWORK COMPANY DRIVER IF, PRIOR TO
THE EXPIRATION OF THIS SECTION, THE DRIVER COMMITS FIVE OR
MORE VIOLATIONS OF THE REGULATIONS PROMULGATED UNDER THIS
SECTION.
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(2) AN AUTHORITY DIRECTIVE TO THE TRANSPORTATION NETWORK
COMPANY TO DISQUALIFY A DRIVER FROM BEING A TRANSPORTATION
NETWORK COMPANY DRIVER MAY OCCUR ONLY AFTER THE FILING AND
ADJUDICATION OF A FORMAL COMPLAINT PURSUANT TO 52 PA. CODE
CH. 1005 (RELATING TO FORMAL PROCEEDINGS) , BY WHICH THE
TRANSPORTATION NETWORK COMPANY SHALL BE AFFORDED FULL DUE
PROCESS, INCLUDING NOTICE AND OPPORTUNITY TO BE HEARD.
(3) THE AUTHORITY MAY ADOPT REGULATIONS TO ALLOW
REINSTATEMENT OF A DRIVER FOLLOWING AN APPROPRIATE
DISQUALIFICATION PERIOD AND COMPLIANCE WITH ANY CONDITIONS
IMPOSED BY THE AUTHORITY.
(4) THE AUTHORITY MAY ONLY CONFISCATE THE VEHICLE OF A
DRIVER IF THE DRIVER CONTINUES TO PROVIDE SERVICE WHILE
DISQUALIFIED OR FOLLOWING SUSPENSION OR REVOCATION OF A
TRANSPORTATION NETWORK COMPANY'S LICENSE BY THE COMMISSION.
(D) ASSESSMENT.--A PARKING AUTHORITY OF A CITY OF THE FIRST
CLASS SHALL REQUIRE A TRANSPORTATION NETWORK COMPANY OPERATING
IN A CITY OF THE FIRST CLASS TO PAY TO THE PARKING AUTHORITY AN
ASSESSMENT AMOUNT EQUAL TO 1% OF THE GROSS RECEIPTS FROM ALL
FARES CHARGED TO ALL PASSENGERS FOR PREARRANGED RIDES THAT
ORIGINATE IN THE CITY. THE AMOUNT ASSESSED SHALL BE REMITTED ON
A QUARTERLY BASIS AND DEPOSITED INTO A RESTRICTED RECEIPTS
ACCOUNT IN THE STATE TREASURY. THE TREASURER SHALL DISTRIBUTE
66.67% TO A SCHOOL DISTRICT OF THE FIRST CLASS AND 33.33% TO THE
PARKING AUTHORITY ON A QUARTERLY BASIS. THE AUTHORITY MAY ENTER
INTO A SETTLEMENT WITH A TRANSPORTATION NETWORK COMPANY RELATING
TO LEGAL DISPUTES RELATING TO THE TIME PERIOD FROM OCTOBER 24,
2014, THROUGH JULY 7, 2016.
(E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
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SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"COMMISSION." THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.
"TRANSPORTATION NETWORK COMPANY." A MOTOR CARRIER SERVICE
THAT USES AN ONLINE APPLICATION, SOFTWARE OR INTERNET WEBSITE TO
PROVIDE PREARRANGED RIDES TO PASSENGERS.
(F) EXPIRATION.--THIS SECTION SHALL EXPIRE SEPTEMBER 30,
2016, OR UPON ENACTMENT OF ENABLING LEGISLATION, WHICHEVER IS
SOONER.
SECTION 1602-M. MOTOR CARRIER COMPANIES.
(A) REGULATION OF TAXIS AND LIMOUSINES.--
(1) THE PENNSYLVANIA PUBLIC UTILITY COMMISSION SHALL,
WITHIN 150 DAYS OF THE EFFECTIVE DATE OF THIS SECTION,
PROMULGATE TEMPORARY REGULATIONS. THE TEMPORARY REGULATIONS
SHALL NOT BE SUBJECT TO THE FOLLOWING:
(I) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT
OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(II) SECTIONS 204(B) AND 301(10) OF THE ACT OF
OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE
COMMONWEALTH ATTORNEYS ACT.
(III) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
KNOWN AS THE REGULATORY REVIEW ACT.
(2) THE TEMPORARY REGULATIONS SHALL EXPIRE UPON THE
PROMULGATION OF FINAL-FORM REGULATIONS OR TWO YEARS FOLLOWING
THE EFFECTIVE DATE OF THIS SECTION, WHICHEVER IS EARLIER.
(3) THE TEMPORARY REGULATIONS UNDER THIS SUBSECTION
SHALL ADDRESS ALL OF THE FOLLOWING:
(I) THE USE OF LOG SHEETS AND MANIFESTS, INCLUDING
THE STORAGE OF INFORMATION ON DIGITAL OR OTHER ELECTRONIC
DEVICES.
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(II) METERING ADDRESSING THE USE OF A VARIETY OF
TECHNOLOGIES.
(III) VEHICLES' AGE AND MILEAGE, INCLUDING
PROCEDURES TO PETITION FOR EXCEPTIONS TO AGE AND MILEAGE
STANDARDS.
(IV) MARKING OF TAXIS, INCLUDING ADVERTISING.
(V) THE OPERATION OF LEASE-TO-OWN TAXI AND LIMOUSINE
EQUIPMENT SUBJECT TO THE FOLLOWING CONDITIONS:
(A) PROVIDING REQUIRED LEVELS OF INSURANCE ON
THE VEHICLE.
(B) ENSURING THAT THE VEHICLE IS SUBJECT TO AND
COMPLIES WITH ALL VEHICLE INSPECTION REQUIREMENTS.
(C) ENSURING THAT THE DRIVER COMPLIES WITH ALL
THE REQUIREMENTS OF 52 PA. CODE CH. 29 SUBCH. F
(RELATING TO DRIVER REGULATIONS).
(D) TERMINATING INSURANCE PROVIDED TO A DRIVER
WHO COMPLETES THE PURCHASE OF THE VEHICLE OR WHO NO
LONGER PROVIDES DRIVER SERVICES TO THE TAXI OR
LIMOUSINE COMPANY.
(VI) TAXI TARIFFS, INCLUDING RATE AND TARIFF CHANGE
PROCEDURES FOR BOTH METERS AND DIGITAL PLATFORMS.
REGULATIONS SHALL REFLECT REDUCED OR FLEXIBLE RATES AND
TARIFFS AS APPROPRIATE.
(VII) PROCEDURES FOR CANCELLATIONS, NO-SHOWS AND
CLEANING FEES.
(VIII) LIMOUSINE TARIFFS, INCLUDING RATE AND TARIFF
CHANGE PROCEDURES. REGULATIONS SHALL REFLECT REDUCED OR
FLEXIBLE RATES AND TARIFFS AS APPROPRIATE.
(IX) DRIVER REQUIREMENTS, INCLUDING CRIMINAL HISTORY
BACKGROUND CHECK REQUIREMENTS AND DRIVING RECORD
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REQUIREMENTS.
(X) VEHICLE REQUIREMENTS, INCLUDING COMPLIANCE WITH
ENVIRONMENTAL, CLEANLINESS, SAFETY AND CUSTOMER SERVICE
STANDARDS, INCLUDING SPECIAL SAFETY REQUIREMENTS FOR
CHILDREN.
(XI) REQUIREMENTS FOR CONTINUOUS SERVICE AND
EXCEPTIONS FOR UNEXPECTED DEMAND AND PERSONAL HEALTH AND
SAFETY.
(B) DUAL DISPATCH.--A MOTOR CARRIER THAT PROVIDES CALL OR
DEMAND SERVICE UNDER A CERTIFICATE OF PUBLIC CONVENIENCE AND
THAT IS OPERATING UNDER A CERTIFICATE OF PUBLIC CONVENIENCE FOR
EXPERIMENTAL SERVICE ISSUED BY THE PENNSYLVANIA PUBLIC UTILITY
COMMISSION TO PROVIDE TRANSPORTATION NETWORK SERVICE MAY
DISPATCH EITHER A CALL OR DEMAND VEHICLE OR A PERSONAL VEHICLE
DRIVEN BY A TRANSPORTATION NETWORK COMPANY DRIVER TO PROVIDE
SERVICE IN THE MOTOR CARRIER'S AUTHORIZED SERVICE TERRITORY.
SECTION 10. SECTION 1702-A OF THE ACT, AMENDED APRIL 25,
2016 (P.L.168, NO.25), IS AMENDED TO READ:
SECTION 1702-A. FUNDING.
(A) INTENT.--IT IS HEREBY DECLARED AS THE INTENT AND GOAL OF
THE GENERAL ASSEMBLY TO CREATE A STABILIZATION RESERVE IN AN
EVENTUAL AMOUNT OF 6% OF THE REVENUES OF THE GENERAL FUND OF THE
COMMONWEALTH.
(B) TRANSFER OF PORTION OF SURPLUS.--
(1) EXCEPT AS MAY BE PROVIDED IN PARAGRAPH (2), FOR
FISCAL YEARS BEGINNING AFTER JUNE 30, 2002, THE FOLLOWING
APPLY:
(I) EXCEPT AS SET FORTH IN THIS PARAGRAPH, IF THE
SECRETARY OF THE BUDGET CERTIFIES THAT THERE IS A SURPLUS
IN THE GENERAL FUND FOR A SPECIFIC FISCAL YEAR, 25% OF
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THE SURPLUS SHALL BE DEPOSITED BY THE END OF THE NEXT
SUCCEEDING QUARTER INTO THE BUDGET STABILIZATION RESERVE
FUND.
(II) IF THE SECRETARY OF THE BUDGET CERTIFIES, AFTER
JUNE 30, 2005, THAT THERE IS A SURPLUS IN THE GENERAL
FUND FOR THE FISCAL YEAR 2004-2005, 15% OF THE SURPLUS
SHALL BE DEPOSITED BY THE END OF THE NEXT SUCCEEDING
QUARTER INTO THE BUDGET STABILIZATION RESERVE FUND.
(III) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND
FOR FISCAL YEAR 2007-2008 MAY BE DEPOSITED INTO THE
BUDGET STABILIZATION RESERVE FUND.
(IV) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND
FOR FISCAL YEAR 2010-2011 MAY BE DEPOSITED INTO THE
BUDGET STABILIZATION RESERVE FUND.
(V) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND FOR
FISCAL YEAR 2011-2012 MAY BE DEPOSITED INTO THE BUDGET
STABILIZATION RESERVE FUND.
(VI) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND
FOR FISCAL YEAR 2012-2013 MAY BE DEPOSITED INTO THE
BUDGET STABILIZATION RESERVE FUND.
(VII) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND
FOR FISCAL YEAR 2013-2014 MAY BE DEPOSITED INTO THE
BUDGET STABILIZATION RESERVE FUND.
(VIII) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND
FOR FISCAL YEAR 2014-2015 MAY BE DEPOSITED INTO THE
BUDGET STABILIZATION RESERVE FUND.
(IX) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND
FOR FISCAL YEAR 2015-2016 MAY BE DEPOSITED INTO THE
BUDGET STABILIZATION RESERVE FUND.
(2) IF, AT THE END OF ANY FISCAL YEAR, THE ENDING
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BALANCE OF THE BUDGET STABILIZATION RESERVE FUND EQUALS OR
EXCEEDS 6% OF THE ACTUAL GENERAL FUND REVENUES RECEIVED FOR
THE FISCAL YEAR IN WHICH THE SURPLUS OCCURS, 10% OF THE
SURPLUS SHALL BE DEPOSITED BY THE END OF THE NEXT SUCCEEDING
QUARTER INTO THE BUDGET RESERVE STABILIZATION FUND.
(C) APPROPRIATED FUNDS.--THE GENERAL ASSEMBLY MAY AT ANY
TIME PROVIDE ADDITIONAL AMOUNTS FROM ANY FUNDS AVAILABLE TO THIS
COMMONWEALTH AS AN APPROPRIATION TO THE BUDGET STABILIZATION
RESERVE FUND.
SECTION 11. SECTION 1731-A OF THE ACT IS AMENDED BY ADDING A
PARAGRAPH TO READ:
SECTION 1731-A. STATE WORKERS' INSURANCE BOARD.
NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF SECTION 1512
OF THE ACT OF JUNE 2, 1915 (P.L.736, NO.338), KNOWN AS THE
WORKERS' COMPENSATION ACT, SECTION 504 OF THE ACT OF NOVEMBER
30, 1965 (P.L.847, NO.356), KNOWN AS THE BANKING CODE OF 1965,
AND ANY OTHER LAW OF THIS COMMONWEALTH, THE POWER OF THE STATE
WORKERS' INSURANCE BOARD TO INVEST MONEY SHALL INCLUDE THE POWER
TO HOLD, PURCHASE, SELL, ASSIGN, TRANSFER AND DISPOSE OF
SECURITIES, INCLUDING COMMON STOCK WITH THE FOLLOWING
RESTRICTIONS:
* * *
(2.1) THE STATE WORKERS' INSURANCE BOARD MAY INVEST IN
FINANCIAL INSTITUTIONS THAT ARE DESIGNATED AS A MINORITY
DEPOSITORY INSTITUTION, AS DEFINED IN SECTION 808(B) OF THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1977 (PUBLIC LAW 95-
128, 91 STAT. 1111), OR A COMMUNITY DEVELOPMENT FINANCIAL
INSTITUTION, AS DEFINED IN SECTION 103 OF THE RIEGEL-NEAL
INTERSTATE BANKING AND BRANCHING EFFICIENCY ACT OF 1994
(PUBLIC LAW 103-328, 12 U.S.C. ยง 4702(5)) IF THE INVESTMENT
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IS CONSISTENT WITH AUTHORIZED INVESTMENTS AND PRUDENT PERSON
STANDARDS APPLICABLE TO THE BOARD.
SECTION 12. SECTION 1713-A.1(B) OF THE ACT, AMENDED APRIL
25, 2016 (P.L.168, NO.25), IS AMENDED TO READ:
SECTION 1713-A.1. USE OF FUND.
* * *
(B) APPROPRIATIONS.--
(1) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPHS (1.1),
(1.2), (1.3), (1.4) AND (1.5), THE GENERAL ASSEMBLY
APPROPRIATES MONEYS IN THE FUND IN ACCORDANCE WITH THE
FOLLOWING PERCENTAGES BASED ON THE ANNUAL PAYMENT RECEIVED IN
EACH YEAR:
(I) THIRTEEN PERCENT FOR HOME AND COMMUNITY-BASED
SERVICES PURSUANT TO CHAPTER 5 OF THE TOBACCO SETTLEMENT
ACT.
(II) FOUR AND FIVE-TENTHS PERCENT FOR TOBACCO USE
PREVENTION AND CESSATION PROGRAMS PURSUANT TO CHAPTER 7
OF THE TOBACCO SETTLEMENT ACT.
(III) TWELVE AND SIX-TENTHS PERCENT FOR HEALTH AND
RELATED RESEARCH PURSUANT TO SECTION 906 OF THE TOBACCO
SETTLEMENT ACT.
(IV) ONE PERCENT FOR HEALTH AND RELATED RESEARCH
PURSUANT TO SECTION 909 OF THE TOBACCO SETTLEMENT ACT.
(V) EIGHT AND EIGHTEEN ONE-HUNDREDTHS PERCENT FOR
THE UNCOMPENSATED CARE PAYMENT PROGRAM PURSUANT TO
CHAPTER 11 OF THE TOBACCO SETTLEMENT ACT.
(VI) THIRTY PERCENT FOR THE PURCHASE OF MEDICAID
BENEFITS FOR WORKERS WITH DISABILITIES PURSUANT TO
CHAPTER 15 OF THE TOBACCO SETTLEMENT ACT.
(VII) EIGHT PERCENT FOR THE EXPANSION OF THE PACENET
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PROGRAM PURSUANT TO CHAPTER 23 OF THE TOBACCO SETTLEMENT
ACT.
(VIII) TWENTY-TWO AND SEVENTY-TWO ONE-HUNDREDTHS
PERCENT SHALL REMAIN IN THE FUND TO BE SEPARATELY
APPROPRIATED FOR HEALTH-RELATED PURPOSES.
(1.1) FOR FISCAL YEAR 2013-2014, THE GENERAL ASSEMBLY
APPROPRIATES MONEY IN THE FUND IN ACCORDANCE WITH THE
FOLLOWING PERCENTAGE BASED ON THE ANNUAL PAYMENT RECEIVED
EACH YEAR:
(I) THIRTEEN PERCENT FOR HOME-BASED AND COMMUNITY-
BASED SERVICES UNDER CHAPTER 5 OF THE TOBACCO SETTLEMENT
ACT.
(II) TWO AND NINETY-THREE HUNDREDTHS PERCENT FOR
TOBACCO USE PREVENTION AND CESSATION PROGRAMS UNDER
CHAPTER 7 OF THE TOBACCO SETTLEMENT ACT.
(III) SIX AND THREE-TENTHS PERCENT FOR HEALTH AND
RELATED RESEARCH UNDER SECTION 906 OF THE TOBACCO
SETTLEMENT ACT.
(IV) ONE-HALF PERCENT FOR HEALTH AND RELATED
RESEARCH UNDER SECTION 909 OF THE TOBACCO SETTLEMENT ACT.
(V) FOUR AND NINE-HUNDREDTHS PERCENT FOR THE
UNCOMPENSATED CARE PAYMENT PROGRAM UNDER CHAPTER 11 OF
THE TOBACCO SETTLEMENT ACT.
(VI) THIRTY PERCENT FOR THE PURCHASE OF MEDICAID
BENEFITS FOR WORKERS WITH DISABILITIES UNDER CHAPTER 15
OF THE TOBACCO SETTLEMENT ACT.
(VII) FORTY-THREE AND EIGHTEEN HUNDREDTHS PERCENT
SHALL REMAIN IN THE FUND TO BE SEPARATELY APPROPRIATED
FOR HEALTH-RELATED PURPOSES.
(1.2) FOR FISCAL YEAR 2014-2015, MONEY IN THE FUND FROM
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A PAYMENT RECEIVED DUE TO THE RECALCULATION OF A PRIOR ANNUAL
PAYMENT SHALL REMAIN IN THE FUND TO BE SEPARATELY
APPROPRIATED FOR HEALTH-RELATED PURPOSES.
(1.3) FOR FISCAL YEAR 2014-2015, THE GENERAL ASSEMBLY
APPROPRIATES MONEY IN THE FUND IN ACCORDANCE WITH THE
FOLLOWING PERCENTAGES BASED ON THE ANNUAL PAYMENT RECEIVED
EACH YEAR:
(I) THIRTEEN PERCENT FOR HOME-BASED AND COMMUNITY-
BASED SERVICES UNDER CHAPTER 5 OF THE TOBACCO SETTLEMENT
ACT.
(II) FOUR AND FIVE-TENTHS PERCENT FOR TOBACCO USE
PREVENTION AND CESSATION PROGRAMS UNDER CHAPTER 7 OF THE
TOBACCO SETTLEMENT ACT.
(III) TWELVE AND SIX-TENTHS PERCENT FOR HEALTH AND
RELATED RESEARCH UNDER SECTION 906 OF THE TOBACCO
SETTLEMENT ACT.
(IV) ONE PERCENT FOR HEALTH AND RELATED RESEARCH
UNDER SECTION 909 OF THE TOBACCO SETTLEMENT ACT.
(V) EIGHT AND EIGHTEEN HUNDREDTHS PERCENT FOR THE
UNCOMPENSATED CARE PAYMENT PROGRAM UNDER CHAPTER 11 OF
THE TOBACCO SETTLEMENT ACT.
(VI) FIFTEEN AND TWELVE HUNDREDTHS PERCENT FOR THE
PURCHASE OF MEDICAID BENEFITS FOR WORKERS WITH
DISABILITIES UNDER CHAPTER 15 OF THE TOBACCO SETTLEMENT
ACT.
(VII) FORTY-FIVE AND SIX-TENTHS PERCENT SHALL REMAIN
IN THE FUND TO BE SEPARATELY APPROPRIATED FOR HEALTH-
RELATED PURPOSES.
(1.4) FOR FISCAL YEAR 2015-2016 AND FISCAL YEAR 2016-
2017, MONEY IN THE FUND FROM A PAYMENT RECEIVED DUE TO THE
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RECALCULATION OF A PRIOR ANNUAL PAYMENT SHALL REMAIN IN THE
FUND TO BE SEPARATELY APPROPRIATED FOR HEALTH-RELATED
PURPOSES.
(1.5) FOR FISCAL YEAR 2015-2016 AND FISCAL YEAR 2016-
2017, THE GENERAL ASSEMBLY APPROPRIATES MONEY IN THE FUND IN
ACCORDANCE WITH THE FOLLOWING PERCENTAGES BASED ON THE ANNUAL
PAYMENT RECEIVED EACH YEAR:
(I) THIRTEEN PERCENT FOR HOME-BASED AND COMMUNITY-
BASED SERVICES UNDER CHAPTER 5 OF THE TOBACCO SETTLEMENT
ACT.
(II) FOUR AND FIVE-TENTHS PERCENT FOR TOBACCO USE
PREVENTION AND CESSATION PROGRAMS UNDER CHAPTER 7 OF THE
TOBACCO SETTLEMENT ACT.
(III) TWELVE AND SIX-TENTHS PERCENT FOR HEALTH AND
RELATED RESEARCH UNDER SECTION 906 OF THE TOBACCO
SETTLEMENT ACT.
(IV) ONE PERCENT FOR HEALTH AND RELATED RESEARCH
UNDER SECTION 909 OF THE TOBACCO SETTLEMENT ACT.
(V) EIGHT AND EIGHTEEN HUNDREDTHS PERCENT FOR THE
UNCOMPENSATED CARE PAYMENT PROGRAM UNDER CHAPTER 11 OF
THE TOBACCO SETTLEMENT ACT.
(VI) THIRTY PERCENT FOR THE PURCHASE OF MEDICAID
BENEFITS FOR WORKERS WITH DISABILITIES UNDER CHAPTER 15
OF THE TOBACCO SETTLEMENT ACT.
(VII) THIRTY AND SEVENTY-TWO HUNDREDTHS PERCENT
SHALL REMAIN IN THE FUND TO BE SEPARATELY APPROPRIATED
FOR HEALTH-RELATED PURPOSES.
(2) IN ADDITION, ANY FEDERAL FUNDS RECEIVED FOR ANY OF
THESE PROGRAMS ARE SPECIFICALLY APPROPRIATED TO THOSE
PROGRAMS.
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(3) ALL OTHER PAYMENTS AND REVENUE RECEIVED IN THE FUND
OTHER THAN THE ANNUAL PAYMENT SHALL REMAIN IN THE FUND AND
ARE AVAILABLE TO BE APPROPRIATED FOR HEALTH-RELATED PURPOSES.
* * *
SECTION 13. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1716-A.1. HOSPITAL UNCOMPENSATED CARE PAYMENTS AND
REIMBURSEMENTS FOR EXTRAORDINARY EXPENSE REPORT.
(A) REPORT.--THE FOLLOWING SHALL APPLY:
(1) ON OR BEFORE DECEMBER 31, 2016, THE DEPARTMENT OF
HUMAN SERVICES SHALL ISSUE A REPORT THAT COMPARES THE
DIFFERENCES AMONG THE FOLLOWING:
(I) THE PAYMENTS MADE BY THE DEPARTMENT OF HUMAN
SERVICES TO ELIGIBLE HOSPITALS UNDER CHAPTER 11 OF THE
ACT OF JUNE 26, 2001 (P.L.755, NO.77), KNOWN AS THE
TOBACCO SETTLEMENT ACT, FOR EACH FISCAL YEAR FROM FISCAL
YEAR 2009-2010 THROUGH FISCAL YEAR 2014-2015;
(II) THE PAYMENTS WHICH WOULD HAVE BEEN MADE BY THE
DEPARTMENT OF HUMAN SERVICES UNDER CHAPTER 11 OF THE
TOBACCO SETTLEMENT ACT FOR EACH FISCAL YEAR FROM FISCAL
YEAR 2009-2010 THROUGH FISCAL YEAR 2014-2015 IF THE
DEPARTMENT HAD REDISTRIBUTED THE PAYMENTS BASED ON
REPORTS ISSUED BY THE AUDITOR GENERAL; AND
(III) THE PAYMENTS WHICH WOULD BE MADE BY THE
DEPARTMENT OF HUMAN SERVICES TO ELIGIBLE HOSPITALS UNDER
CHAPTER 11 OF THE TOBACCO SETTLEMENT ACT FOR EACH FISCAL
YEAR FROM FISCAL YEAR 2009-2010 THROUGH FISCAL YEAR 2014-
2015 IF THE PAYMENTS WERE TO BE RECALCULATED BASED ON THE
MOST CURRENT DATA FOR EACH FISCAL YEAR.
(2) THE REPORT SHALL ANALYZE THE IMPACT, IF ANY, TO
ELIGIBLE HOSPITALS AND THE COMMONWEALTH IF THE REDISTRIBUTION
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FOR FISCAL YEAR 2009-2010 THROUGH FISCAL YEAR 2014-2015 WAS
TO OCCUR ON OR PRIOR TO JUNE 30, 2017. THE ANALYSIS UNDER
THIS PARAGRAPH SHALL INCLUDE ANALYSIS OF PAYMENT CHANGES TO
OR FROM ELIGIBLE HOSPITALS AND THE COMMONWEALTH FROM MEDICAID
DISPROPORTIONATE SHARE HOSPITAL PAYMENTS OR OTHER FEDERAL
PROGRAM PAYMENTS.
(3) THE DEPARTMENT OF HUMAN SERVICES SHALL CAUSE THE
REPORT TO BE PUBLISHED ON THE DEPARTMENT'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE AND SHALL SUBMIT A COPY OF THE
REPORT TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE PUBLIC HEALTH AND WELFARE
COMMITTEE OF THE SENATE, THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES AND THE CHAIRPERSON AND MINORITY CHAIRPERSON
OF THE HEALTH COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(B) (RESERVED).
SECTION 14. THE DEFINITION OF "RACE HORSE INDUSTRY REFORM
ACT" IN SECTION 1721-A.1 OF THE ACT, ADDED JULY 18, 2013
(P.L.574, NO.71), IS AMENDED AND THE SECTION IS AMENDED BY
ADDING DEFINITIONS TO READ:
SECTION 1721-A.1. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"ADMINISTRATIVE CODE OF 1929." THE ACT OF APRIL 9, 1929
(P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
* * *
"COMMISSION." THE STATE HORSE RACING COMMISSION ESTABLISHED
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UNDER ARTICLE XXVIII-D OF THE ACT OF APRIL 9, 1929 (P.L.177,
NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
* * *
"PENNSYLVANIA BREEDING FUND." THE RESTRICTED ACCOUNT IN THE
STATE RACING FUND ESTABLISHED UNDER SECTION 2836-D OF THE ACT OF
APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
CODE OF 1929.
"PENNSYLVANIA SIRE STAKES FUND." THE RESTRICTED ACCOUNT IN
THE STATE RACING FUND ESTABLISHED UNDER SECTION 2837-D OF THE
ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
ADMINISTRATIVE CODE OF 1929.
["RACE HORSE INDUSTRY REFORM ACT." THE ACT OF DECEMBER 17,
1981 (P.L.435, NO.135), KNOWN AS THE RACE HORSE INDUSTRY REFORM
ACT.]
SECTION 15. SECTION 1722-A.1(C) OF THE ACT, ADDED JULY 18,
2013 (P.L.574, NO.71), IS AMENDED TO READ:
SECTION 1722-A.1. PENNSYLVANIA RACE HORSE DEVELOPMENT FUND.
* * *
(C) DISTRIBUTIONS.--[IN] EXCEPT AS PROVIDED UNDER SECTIONS
2813-D AND 2874-D OF THE ADMINISTRATIVE CODE OF 1929, AND IN
ACCORDANCE WITH SECTION 1723-A.1, THE DEPARTMENT SHALL MAKE
DISTRIBUTIONS FROM THE FUND TO EACH OF THE ACTIVE AND OPERATING
CATEGORY 1 LICENSEES CONDUCTING LIVE RACING.
SECTION 16. SECTIONS 1723-A.1, 1733-A.1, 1742-A.1 AND 1743-
A.1 OF THE ACT, AMENDED OR ADDED APRIL 25, 2016 (P.L.168,
NO.25), ARE AMENDED TO READ:
SECTION 1723-A.1. DISTRIBUTIONS FROM PENNSYLVANIA RACE HORSE
DEVELOPMENT FUND.
FUNDS IN THE FUND ARE APPROPRIATED TO THE DEPARTMENT ON A
CONTINUING BASIS FOR THE PURPOSES SET FORTH IN THIS SUBSECTION
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AND SHALL BE DISTRIBUTED TO EACH ACTIVE AND OPERATING CATEGORY 1
LICENSEE CONDUCTING LIVE RACING AS FOLLOWS:
(1) AN AMOUNT EQUAL TO 18% OF THE DAILY GROSS TERMINAL
REVENUE OF EACH CATEGORY 1 LICENSEE SHALL BE DISTRIBUTED TO
EACH ACTIVE AND OPERATING CATEGORY 1 LICENSEE CONDUCTING LIVE
RACING UNLESS THE DAILY ASSESSMENTS ARE AFFECTED BY THE DAILY
ASSESSMENT CAP PROVIDED FOR IN 4 PA.C.S. ยง 1405(C) (RELATING
TO PENNSYLVANIA RACE HORSE DEVELOPMENT FUND). IN CASES IN
WHICH THE DAILY ASSESSMENT CAP AFFECTS DAILY ASSESSMENTS, THE
DISTRIBUTION TO EACH ACTIVE AND OPERATING CATEGORY 1 LICENSEE
CONDUCTING LIVE RACING FOR THAT DAY SHALL BE A PERCENTAGE OF
THE TOTAL DAILY ASSESSMENTS PAID INTO THE FUND FOR THAT DAY
EQUAL TO THE GROSS TERMINAL REVENUE OF EACH ACTIVE AND
OPERATING CATEGORY 1 LICENSEE CONDUCTING LIVE RACING FOR THAT
DAY DIVIDED BY THE TOTAL GROSS TERMINAL REVENUE OF ALL ACTIVE
AND OPERATING CATEGORY 1 LICENSEES CONDUCTING LIVE RACING FOR
THAT DAY. EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (2.1), THE
DISTRIBUTIONS TO LICENSED RACING ENTITIES FROM THE FUND SHALL
BE ALLOCATED AS FOLLOWS:
(I) EIGHTY PERCENT SHALL BE DEPOSITED WEEKLY INTO A
SEPARATE, INTEREST-BEARING PURSE ACCOUNT TO BE
ESTABLISHED BY AND FOR THE BENEFIT OF THE HORSEMEN. THE
EARNED INTEREST ON THE ACCOUNT SHALL BE CREDITED TO THE
PURSE ACCOUNT. LICENSEES SHALL COMBINE THESE FUNDS WITH
REVENUES FROM EXISTING PURSE AGREEMENTS TO FUND PURSES
FOR LIVE RACES CONSISTENT WITH THOSE AGREEMENTS WITH THE
ADVICE AND CONSENT OF THE HORSEMEN.
(II) FOR THOROUGHBRED TRACKS, 16% SHALL BE DEPOSITED
ON A MONTHLY BASIS INTO THE PENNSYLVANIA BREEDING FUND
[AS DEFINED IN SECTION 223 OF THE RACE HORSE INDUSTRY
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REFORM ACT]. FOR STANDARDBRED TRACKS, 8% SHALL BE
DEPOSITED ON A MONTHLY BASIS IN THE PENNSYLVANIA SIRE
STAKES FUND [AS DEFINED IN SECTION 224 OF THE RACE HORSE
INDUSTRY REFORM ACT], AND 8% SHALL BE DEPOSITED ON A
MONTHLY BASIS INTO A RESTRICTED ACCOUNT IN THE STATE
RACING FUND TO BE KNOWN AS THE PENNSYLVANIA STANDARDBRED
BREEDERS DEVELOPMENT FUND. THE [STATE HARNESS RACING
COMMISSION] COMMISSION SHALL, IN CONSULTATION WITH THE
SECRETARY OF AGRICULTURE, BY RULE OR BY REGULATION, ADOPT
A STANDARDBRED BREEDERS PROGRAM THAT WILL INCLUDE THE
ADMINISTRATION OF THE PENNSYLVANIA STALLION AWARD, THE
PENNSYLVANIA BRED AWARD AND THE PENNSYLVANIA SIRED AND
BRED AWARD.
(III) FOUR PERCENT SHALL BE USED TO FUND HEALTH AND
PENSION BENEFITS FOR THE MEMBERS OF THE HORSEMEN'S
ORGANIZATIONS REPRESENTING THE OWNERS AND TRAINERS AT THE
RACETRACK AT WHICH THE LICENSED RACING ENTITY OPERATES
FOR THE BENEFIT OF THE ORGANIZATION'S MEMBERS, THEIR
FAMILIES, EMPLOYEES AND OTHERS IN ACCORDANCE WITH THE
RULES AND ELIGIBILITY REQUIREMENTS OF THE ORGANIZATION,
AS APPROVED BY THE [STATE HORSE RACING COMMISSION OR THE
STATE HARNESS RACING COMMISSION] COMMISSION. THIS AMOUNT
SHALL BE DEPOSITED WITHIN FIVE BUSINESS DAYS OF THE END
OF EACH MONTH INTO A SEPARATE ACCOUNT TO BE ESTABLISHED
BY EACH RESPECTIVE HORSEMEN'S ORGANIZATION AT A BANKING
INSTITUTION OF ITS CHOICE. OF THIS AMOUNT, $250,000 SHALL
BE PAID ANNUALLY BY THE HORSEMEN'S ORGANIZATION TO THE
THOROUGHBRED JOCKEYS OR STANDARDBRED DRIVERS ORGANIZATION
AT THE RACETRACK AT WHICH THE LICENSED RACING ENTITY
OPERATES FOR HEALTH INSURANCE, LIFE INSURANCE OR OTHER
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BENEFITS TO ACTIVE AND DISABLED THOROUGHBRED JOCKEYS OR
STANDARDBRED DRIVERS IN ACCORDANCE WITH THE RULES AND
ELIGIBILITY REQUIREMENTS OF THAT ORGANIZATION.
(2) DISTRIBUTIONS FROM THE FUND SHALL BE ALLOCATED AS
FOLLOWS:
(I) FOR FISCAL YEARS 2013-2014 AND 2014-2015, EACH
WEEK, $802,682 IN THE FUND SHALL BE TRANSFERRED TO THE
ACCOUNT. THIS TRANSFER SHALL NOT EXCEED $17,659,000
ANNUALLY.
(I.1) IN ADDITION TO THE TRANSFER UNDER SUBPARAGRAPH
(I), FOR A TOTAL OF 14 WEEKS FROM THE EFFECTIVE DATE OF
THIS SUBPARAGRAPH, EACH WEEK, $300,000 SHALL BE
TRANSFERRED FROM THE FUND, FOR A TOTAL AMOUNT OF
$4,200,000, TO THE STATE RACING FUND TO BE USED
EXCLUSIVELY FOR THE ENFORCEMENT OF THE ACT OF DECEMBER
17, 1981 (P.L.435, NO.135), KNOWN AS THE RACE HORSE
INDUSTRY REFORM ACT. MONEYS TRANSFERRED PURSUANT TO THIS
SUBPARAGRAPH SHALL NOT BE TRANSFERRED SUBSEQUENTLY TO ANY
OTHER STATE FUND OR ACCOUNT FOR ANY PURPOSE.
(I.2) FOR FISCAL YEAR 2015-2016, BEGINNING ON THE
EFFECTIVE DATE OF THIS SUBPARAGRAPH, THE SUM OF
$25,759,000 IN THE FUND SHALL BE TRANSFERRED TO THE
ACCOUNT IN EQUAL WEEKLY AMOUNTS SUFFICIENT TO COMPLETE
THE TRANSFER BY JUNE 30, 2016.
(I.3) FOR FISCAL YEAR 2016-2017, THE SUM OF
$19,659,000 IN THE FUND SHALL BE TRANSFERRED TO THE
ACCOUNT IN 22 EQUAL WEEKLY AMOUNTS BEGINNING ON THE
EFFECTIVE DATE OF THIS SUBPARAGRAPH.
(II) EACH WEEK, THE MONEY REMAINING IN THE FUND
AFTER ANY TRANSFER UNDER SUBPARAGRAPHS (I), (I.1) [AND],
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(I.2) AND (I.3) SHALL BE DISTRIBUTED TO EACH ACTIVE AND
OPERATING CATEGORY 1 LICENSEE CONDUCTING LIVE RACING IN
ACCORDANCE WITH THE FOLLOWING FORMULA:
(A) DIVIDE:
(I) THE TOTAL DAILY ASSESSMENTS PAID, BY
EACH ACTIVE AND OPERATING CATEGORY 1 LICENSEE
CONDUCTING LIVE RACING, INTO THE FUND FOR THAT
WEEK; BY
(II) THE TOTAL DAILY ASSESSMENTS PAID, BY
ALL ACTIVE AND OPERATING CATEGORY 1 LICENSEES
CONDUCTING LIVE RACING, INTO THE FUND FOR THAT
WEEK.
(B) MULTIPLY THE QUOTIENT UNDER CLAUSE (A) BY
THE AMOUNT TO BE DISTRIBUTED UNDER THIS SUBPARAGRAPH.
(III) THE DISTRIBUTION UNDER SUBPARAGRAPH (II) SHALL
BE ALLOCATED AS FOLLOWS:
(A) THE GREATER OF 4% OF THE AMOUNT TO BE
DISTRIBUTED UNDER SUBPARAGRAPH (II) OR $220,000 SHALL
BE USED TO FUND HEALTH AND PENSION BENEFITS FOR THE
MEMBERS OF THE HORSEMEN'S ORGANIZATIONS REPRESENTING
THE OWNERS AND TRAINERS AT THE RACETRACK AT WHICH THE
LICENSED RACING ENTITY OPERATES FOR THE BENEFIT OF
THE ORGANIZATION'S MEMBERS, THEIR FAMILIES, EMPLOYEES
AND OTHERS IN ACCORDANCE WITH THE RULES AND
ELIGIBILITY REQUIREMENTS OF THE ORGANIZATION, AS
APPROVED BY THE [STATE HORSE RACING COMMISSION OR THE
STATE HARNESS RACING COMMISSION] COMMISSION. THIS
AMOUNT SHALL BE DEPOSITED WITHIN FIVE BUSINESS DAYS
OF THE END OF EACH WEEK INTO A SEPARATE ACCOUNT TO BE
ESTABLISHED BY EACH RESPECTIVE HORSEMEN'S
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ORGANIZATION AT A BANKING INSTITUTION OF ITS CHOICE.
OF THIS AMOUNT, A MINIMUM OF $250,000 SHALL BE PAID
ANNUALLY BY THE HORSEMEN'S ORGANIZATION TO THE
THOROUGHBRED JOCKEYS OR STANDARDBRED DRIVERS
ORGANIZATION AT THE RACETRACK AT WHICH THE LICENSED
RACING ENTITY OPERATES FOR HEALTH INSURANCE, LIFE
INSURANCE OR OTHER BENEFITS TO ACTIVE AND DISABLED
THOROUGHBRED JOCKEYS OR STANDARDBRED DRIVERS IN
ACCORDANCE WITH THE RULES AND ELIGIBILITY
REQUIREMENTS OF THAT ORGANIZATION. THE TOTAL
DISTRIBUTION UNDER THIS CLAUSE IN ANY FISCAL YEAR
SHALL NOT EXCEED $11,400,000.
(B) OF THE MONEY REMAINING TO BE DISTRIBUTED
UNDER SUBPARAGRAPH (II) AFTER APPLICATION OF CLAUSE
(A), THE FOLLOWING DISBURSEMENTS SHALL BE MADE:
(I) EIGHTY-THREE AND ONE-THIRD PERCENT OF
THE MONEY TO BE DISTRIBUTED UNDER THIS CLAUSE
SHALL BE DEPOSITED ON A WEEKLY BASIS INTO A
SEPARATE, INTEREST-BEARING PURSE ACCOUNT TO BE
ESTABLISHED BY AND FOR THE BENEFIT OF THE
HORSEMEN. THE EARNED INTEREST ON THE ACCOUNT
SHALL BE CREDITED TO THE PURSE ACCOUNT. LICENSEES
SHALL COMBINE THESE FUNDS WITH REVENUES FROM
EXISTING PURSE AGREEMENTS TO FUND PURSES FOR LIVE
RACES CONSISTENT WITH THOSE AGREEMENTS WITH THE
ADVICE AND CONSENT OF THE HORSEMEN.
(II) FOR THOROUGHBRED TRACKS, 16 AND 2/3% OF
THE MONEY TO BE DISTRIBUTED UNDER THIS CLAUSE
SHALL BE DEPOSITED ON A WEEKLY BASIS INTO THE
PENNSYLVANIA BREEDING FUND [ESTABLISHED IN
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SECTION 223 OF THE RACE HORSE INDUSTRY REFORM
ACT]. FOR STANDARDBRED TRACKS, 8 AND 1/3% OF THE
MONEY TO BE DISTRIBUTED UNDER THIS CLAUSE SHALL
BE DEPOSITED ON A WEEKLY BASIS INTO THE
PENNSYLVANIA SIRE STAKES FUND [AS DEFINED IN
SECTION 224 OF THE RACE HORSE INDUSTRY REFORM
ACT]; AND 8 AND 1/3% OF THE MONEY TO BE
DISTRIBUTED UNDER THIS CLAUSE SHALL BE DEPOSITED
ON A WEEKLY BASIS INTO A RESTRICTED ACCOUNT IN
THE STATE RACING FUND TO BE KNOWN AS THE
PENNSYLVANIA STANDARDBRED BREEDERS DEVELOPMENT
FUND. THE [STATE HARNESS RACING COMMISSION]
COMMISSION SHALL, IN CONSULTATION WITH THE
SECRETARY OF AGRICULTURE, PROMULGATE REGULATIONS
ADOPTING A STANDARDBRED BREEDERS PROGRAM THAT
WILL INCLUDE THE ADMINISTRATION OF THE
PENNSYLVANIA STALLION AWARD, THE PENNSYLVANIA
BRED AWARD AND THE PENNSYLVANIA SIRED AND BRED
AWARD.
(3) FOR FISCAL YEAR 2016-2017, THE DEPARTMENT SHALL
TRANSFER $8,555,255 FROM THE FUND TO THE STATE RACING FUND
PURSUANT TO SECTION 2874-D OF THE ADMINISTRATIVE CODE OF
1929.
SECTION 1733-A.1. DRUG AND ALCOHOL PROGRAMS.
FOR FISCAL YEAR 2015-2016 AND FISCAL YEAR 2016-2017,
$2,500,000 FROM THE SALE OF LIQUOR AND ALCOHOL SHALL BE
TRANSFERRED TO THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS FOR
THE PURPOSES SET FORTH IN SECTION 802(C) OF THE ACT OF APRIL 12,
1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE.
SECTION 1742-A.1. NATURAL GAS INFRASTRUCTURE DEVELOPMENT FUND.
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THE NATURAL GAS INFRASTRUCTURE DEVELOPMENT FUND IS
ESTABLISHED IN THE [STATE TREASURY] COMMONWEALTH FINANCING
AUTHORITY.
SECTION 1743-A.1. TRANSFER OF FUNDS.
[THE] (A) FISCAL YEAR 2015-2016.--FOR FISCAL YEAR 2015-2016,
THE SUM OF $12,000,000 ALLOCATED UNDER SECTION 307(C) OF THE ACT
OF JULY 9, 2008 (1ST SP.SESS., P.L.1873, NO.1), KNOWN AS THE
ALTERNATIVE ENERGY INVESTMENT ACT, SHALL BE TRANSFERRED TO THE
FUND FOR USE BY THE AUTHORITY.
(B) FISCAL YEAR 2016-2017.--FOR FISCAL YEAR 2016-2017, THE
SUM OF $12,000,000 ALLOCATED UNDER SECTION 307(C) OF THE
ALTERNATIVE ENERGY INVESTMENT ACT SHALL BE TRANSFERRED TO THE
FUND FOR USE BY THE AUTHORITY.
SECTION 17. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(I) EACH YEAR, ARTICLES ON BUDGET IMPLEMENTATION ARE
ADDED TO THE ACT.
(II) THESE ARTICLES ARE TEMPORARY IN NATURE BUT ARE
PLACED PERMANENTLY INTO THE ACT, UTILIZING ARTICLE
NUMBERS AND SECTION NUMBERS.
(III) REUSING ARTICLE NUMBERS AND SECTION NUMBERS
WILL KEEP THE TEXT OF THE ACT MORE CONCISE.
(IV) THE REPEALS UNDER PARAGRAPH (2) ARE NECESSARY
TO EFFECTUATE SUBPARAGRAPH (III).
(2) ARTICLES XVII-B AND XVII-C OF THE ACT, REPEALED AND
ADDED JUNE 30, 2011 (P.L.159, NO.26), ARE REPEALED.
SECTION 18. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE XVII-B
2016-2017 BUDGET IMPLEMENTATION
SUBARTICLE A
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PRELIMINARY PROVISIONS
SECTION 1701-B. APPLICABILITY.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE
APPLIES TO THE GENERAL APPROPRIATION ACT OF 2016 AND ALL OTHER
APPROPRIATION ACTS OF 2016.
SECTION 1702-B. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"CCDFBG." CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT.
"GENERAL APPROPRIATION ACT OF 2016." THE ACT OF , 2016
(P.L. , NO. ), KNOWN AS THE GENERAL APPROPRIATION ACT OF
2016.
"HUMAN SERVICES CODE." THE ACT OF JUNE 13, 1967 (P.L.31,
NO.21), KNOWN AS THE HUMAN SERVICES CODE.
"PUBLIC SCHOOL CODE OF 1949." THE ACT OF MARCH 10, 1949
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
"SECRETARY." THE SECRETARY OF THE BUDGET OF THE
COMMONWEALTH.
"TANFBG." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
GRANT.
SUBARTICLE B
EXECUTIVE DEPARTMENTS
SECTION 1711-B. GOVERNOR (RESERVED).
SECTION 1712-B. EXECUTIVE OFFICES.
THE FOLLOWING APPLY:
(1) FUNDS APPROPRIATED TO THE PENNSYLVANIA COMMISSION ON
CRIME AND DELINQUENCY FOR INTERMEDIATE PUNISHMENT TREATMENT
PROGRAMS SHALL BE DISTRIBUTED COMPETITIVELY TO COUNTIES FOR
OFFENDERS SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAMS. THE
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PORTION OF FUNDS FOR DRUG AND ALCOHOL TREATMENT PROGRAMS
SHALL BE BASED ON NATIONAL STATISTICS THAT IDENTIFY THE
PERCENTAGE OF INCARCERATED INDIVIDUALS THAT ARE IN NEED OF
TREATMENT FOR SUBSTANCE ISSUES BUT IN NO CASE SHALL BE LESS
THAN 80% OF THE AMOUNT APPROPRIATED.
(2) FROM FUNDS APPROPRIATED TO THE COMMISSION, THE
FOLLOWING APPLY:
(I) NO LESS THAN THE AMOUNT USED IN THE 2014-2015
FISCAL YEAR SHALL BE USED TO SUPPORT THE STATEWIDE
AUTOMATED VICTIM INFORMATION AND NOTIFICATION SYSTEM
(SAVIN) TO PROVIDE OFFENDER INFORMATION THROUGH COUNTY
JAILS.
(II) NO LESS THAN THE AMOUNT USED IN THE 2014-2015
FISCAL YEAR SHALL BE USED FOR A RESIDENTIAL TREATMENT
COMMUNITY FACILITY FOR AT-RISK YOUTH LOCATED IN A COUNTY
OF THE FIFTH CLASS.
(III) FROM THE AMOUNT APPROPRIATED, $100,000 SHALL
BE USED FOR AN INNOVATIVE POLICE DATA SHARING POINTER
INDEX SYSTEM THAT WILL ALLOW PARTICIPATING LAW
ENFORCEMENT AGENCIES ACCESS TO INCIDENT REPORT DATA.
(IV) FROM THE AMOUNT APPROPRIATED, $200,000 SHALL BE
USED FOR A DIVERSION PROGRAM FOR FIRST TIME NONVIOLENT
OFFENDERS FACING PRISON SENTENCES. THE DIVERSION PROGRAM
MUST INCLUDE EDUCATION AND EMPLOYMENT SERVICES, CASE
MANAGEMENT AND MENTORING.
(3) FROM FUNDS APPROPRIATED FOR VIOLENCE PREVENTION
PROGRAMS, NO LESS THAN THE AMOUNT USED IN THE 2014-2015
FISCAL YEAR SHALL BE USED FOR PROGRAMS IN A CITY OF THE
SECOND CLASS, AND NO LESS THAN THE AMOUNT USED IN THE 2014-
2015 FISCAL YEAR SHALL BE USED FOR BLUEPRINT MENTORING
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PROGRAMS THAT ADDRESS REDUCING YOUTH VIOLENCE IN CITIES OF
THE FIRST, SECOND AND THIRD CLASS.
SECTION 1713-B. LIEUTENANT GOVERNOR (RESERVED).
SECTION 1714-B. ATTORNEY GENERAL (RESERVED).
SECTION 1715-B. AUDITOR GENERAL (RESERVED).
SECTION 1716-B. TREASURY DEPARTMENT.
FROM THE FUNDS APPROPRIATED FOR GENERAL GOVERNMENT
OPERATIONS, NO LESS THAN $250,000 SHALL BE USED FOR A TUITION
ASSISTANCE MARKETING CAMPAIGN.
SECTION 1717-B. DEPARTMENT OF AGING (RESERVED).
SECTION 1718-B. DEPARTMENT OF AGRICULTURE.
THE FOLLOWING APPLY:
(1) FROM FUNDS APPROPRIATED FOR AGRICULTURAL RESEARCH,
THE FOLLOWING APPLY:
(I) NO LESS THAN $300,000 SHALL BE USED FOR AN
AGRICULTURAL RESOURCE CENTER AND NO LESS THAN $100,000
SHALL BE USED FOR AGRICULTURAL LAW RESEARCH PROGRAMS,
INCLUDING THOSE ADDRESSING ENERGY DEVELOPMENT, IN
CONJUNCTION WITH A LAND-GRANT UNIVERSITY.
(II) AT LEAST $800,000 SHALL BE USED FOR AN ANIMAL
DIAGNOSTIC LABORATORY AFFILIATED WITH A UNIVERSITY
LOCATED IN A CITY OF THE FIRST CLASS TO INCREASE THE
CAPACITY TO ADDRESS AVIAN FLU AND OTHER ANIMAL DISEASE
OUTBREAKS.
(2) FROM FUNDS APPROPRIATED FOR HARDWOODS RESEARCH AND
PROMOTION, AT LEAST 80% OF THE FUNDS SHALL BE EQUALLY
DISTRIBUTED AMONG THE HARDWOOD UTILIZATION GROUPS OF THIS
COMMONWEALTH ESTABLISHED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
(3) FROM FUNDS APPROPRIATED FOR GENERAL GOVERNMENT
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OPERATIONS, NO LESS THAN THE AMOUNT TRANSFERRED IN THE 2014-
2015 FISCAL YEAR SHALL BE TRANSFERRED TO THE DOG LAW
RESTRICTED ACCOUNT.
(4) IN ADDITION TO THE USES PROVIDED IN SECTION 7.3 OF
THE ACT OF JUNE 18, 1982 (P.L.549, NO.159), ENTITLED, "AN ACT
PROVIDING FOR THE ADMINISTRATION OF CERTAIN COMMONWEALTH
FARMLAND WITHIN THE DEPARTMENT OF AGRICULTURE," THE
DEPARTMENT MAY USE UP TO A TOTAL OF $165,000 IN THE
AGRICULTURAL CONSERVATION EASEMENT PURCHASE FUND UNDER
SECTION 7.1 OF THE ACT OF JUNE 18, 1982 (P.L.549, NO.159),
ENTITLED, "AN ACT PROVIDING FOR THE ADMINISTRATION OF CERTAIN
COMMONWEALTH FARMLAND WITHIN THE DEPARTMENT OF AGRICULTURE,"
TO ISSUE GRANTS NOT TO EXCEED $3,000 EACH FOR SUCCESSION
PLANNING TO ENSURE THAT AGRICULTURAL OPERATIONS CONTINUE ON
LAND SUBJECT TO AGRICULTURAL CONSERVATION EASEMENTS. THE
DEPARTMENT, IN CONSULTATION WITH THE STATE AGRICULTURAL LAND
PRESERVATION BOARD, SHALL ESTABLISH ELIGIBILITY CRITERIA FOR
AWARDING GRANTS UNDER THIS PARAGRAPH.
SECTION 1719-B. DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT:
(1) FROM FUNDS APPROPRIATED FOR GENERAL GOVERNMENT
OPERATIONS, $250,000 SHALL BE USED FOR THE CREATION OF AN
INSTITUTE IN A CITY OF THE SECOND CLASS TO RESEARCH AND
DEVELOP HEALTHY BUILDING PRODUCTS AND AT LEAST $150,000 SHALL
BE USED TO SUPPORT OPERATIONS OF LOCKS AND DAMS WHICH ARE
NECESSARY TO SUPPORT ECONOMIC GROWTH AND COMMERCIAL
NAVIGATION.
(2) FUNDS APPROPRIATED FOR MARKETING TO ATTRACT TOURISTS
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INCLUDE THE FOLLOWING:
(I) THREE MILLION NINE HUNDRED SIXTY-FOUR THOUSAND
DOLLARS TO FUND THE ACTIVITIES OF THE TOURISM OFFICE
WITHIN THE DEPARTMENT; AND
(II) THE REMAINING AMOUNT INCLUDES AN ALLOCATION TO
PLAN AND MARKET A BIENNIAL ARTS AND CULTURAL ACTIVITY
WHICH GENERATES STATEWIDE AND REGIONAL ECONOMIC IMPACT,
ALLOCATIONS TO PROMOTE ANNUAL ARTS AND CULTURAL
ACTIVITIES AND AN ALLOCATION OF $500,000 FOR AN ANNUAL
STATEWIDE COMPETITION SERVING APPROXIMATELY 2,000
ATHLETES WITH INTELLECTUAL DISABILITIES FROM ACROSS THIS
COMMONWEALTH TO BE HELD IN A COUNTY OF THE FOURTH CLASS.
(3) FROM FUNDS APPROPRIATED FOR KEYSTONE COMMUNITIES,
$450,000 SHALL BE DISTRIBUTED TO A MULTIMUNICIPAL
REVITALIZATION ORGANIZATION IN A COUNTY OF THE SIXTH CLASS
WITH A POPULATION, BASED ON THE MOST RECENT FEDERAL DECENNIAL
CENSUS, OF AT LEAST 88,000 TO ENHANCE COMMUNITY
REVITALIZATION PROGRAMS. THE REMAINING FUNDS INCLUDE AN
ALLOCATION FOR THE MAIN STREET AND ELM STREET PROGRAMS WHICH
ARE DISTRIBUTED IN THE SAME PROPORTION AS AMOUNTS ALLOCATED
IN FISCAL YEAR 2012-2013.
(4) FUNDS APPROPRIATED FOR REGIONAL EVENT SECURITY SHALL
BE DISBURSED AS GRANTS OR REIMBURSEMENTS FOR LOCAL COSTS
INCURRED FOR A NATIONAL CONVENTION AND CONFERENCE.
(5) FUNDS APPROPRIATED FOR LOCAL MUNICIPAL EMERGENCY
RELIEF SHALL BE USED TO PROVIDE ASSISTANCE TO INDIVIDUALS AND
POLITICAL SUBDIVISIONS DIRECTLY AFFECTED BY NATURAL AND MAN-
MADE DISASTERS OR PUBLIC SAFETY EMERGENCIES. STATE ASSISTANCE
MAY BE LIMITED TO GRANTS FOR PROJECTS THAT DO NOT QUALIFY FOR
FEDERAL ASSISTANCE TO HELP REPAIR DAMAGES TO PRIMARY
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RESIDENCES, PERSONAL PROPERTY AND PUBLIC FACILITIES. GRANTS
WILL BE MADE AVAILABLE FOR REIMBURSEMENT IN A DISASTER
EMERGENCY AREA ONLY WHEN A PRESIDENTIAL DISASTER DECLARATION
IS NOT COVERING THE AREA OR WHEN THE DEPARTMENT DETERMINES
THAT A PUBLIC SAFETY EMERGENCY HAS OCCURRED.
SECTION 1720-B. DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES:
(1) FROM FUNDS APPROPRIATED FOR STATE PARKS OPERATIONS,
NO LESS THAN $2,250,000 SHALL BE USED FOR THE OPERATION AND
MAINTENANCE OF THE WASHINGTON CROSSING HISTORICAL PARK.
(2) (RESERVED).
SECTION 1721-B. DEPARTMENT OF CORRECTIONS.
FROM THE APPROPRIATION FOR GENERAL GOVERNMENT OPERATIONS OF
THE DEPARTMENT OF CORRECTIONS, AT LEAST $1,500,000 SHALL BE USED
FOR A NONNARCOTIC MEDICATION ASSISTED SUBSTANCE ABUSE TREATMENT
GRANT PILOT PROGRAM.
SECTION 1721.1-B. DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS.
FROM THE APPROPRIATION FOR GENERAL GOVERNMENT OPERATIONS, AT
LEAST $750,000 SHALL BE USED FOR PROGRAMS PROVIDING TREATMENT
FOR POSTTRAUMATIC STRESS DISORDER FOR VETERANS.
SECTION 1722-B. DEPARTMENT OF EDUCATION.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
DEPARTMENT OF EDUCATION:
(1) THE OFFICE FOR SAFE SCHOOLS SHALL HAVE THE POWER AND
DUTY TO DEVELOP, SUBJECT TO THE AVAILABILITY OF FUNDING,
TELEPHONE HOTLINES AND INTERNET NOTIFICATION SYSTEMS ENSURING
ANONYMITY TO BE USED BY STUDENTS, PARENTS, TEACHERS, SCHOOL
EMPLOYES AND MEMBERS OF THE COMMUNITY TO REPORT POTENTIAL OR
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ACTUAL VIOLENCE OR POSSESSION OF WEAPONS ON SCHOOL PROPERTY.
IN COMPLYING WITH THIS PARAGRAPH THE OFFICE MAY CONTRACT WITH
ANY STATE AGENCY OR INTERMEDIATE UNIT FOR THE PROVISION OF
SERVICES.
(2) FROM THE APPROPRIATION FOR MOBILE SCIENCE AND
MATHEMATICS EDUCATION PROGRAMS, NO LESS THAN THE AMOUNT
ALLOCATED IN FISCAL YEAR 2014-2015 SHALL BE ALLOCATED FOR A
MATHEMATICS EDUCATION PROGRAM THAT TARGETS MIDDLE SCHOOL
STUDENTS, NO LESS THAN THE AMOUNT ALLOCATED IN THE 2014-2015
FISCAL YEAR SHALL BE ALLOCATED TO A NAUTICAL SCIENCE CENTER
IN A COUNTY OF THE SECOND CLASS, NO LESS THAN THE AMOUNT
ALLOCATED IN THE 2014-2015 FISCAL YEAR SHALL BE ALLOCATED FOR
A MATHEMATICS LABORATORY IN A SCHOOL DISTRICT IN A CITY OF
THE THIRD CLASS LOCATED IN A COUNTY OF THE THIRD CLASS, NO
LESS THAN THE AMOUNT ALLOCATED IN THE 2014-2015 FISCAL YEAR
SHALL BE ALLOCATED FOR A REGIONAL SCIENCE, TECHNOLOGY,
ENGINEERING AND MATHEMATICS CENTER SERVING SIXTH THROUGH
TWELFTH GRADE STUDENTS LOCATED IN A TOWNSHIP OF THE FIRST
CLASS IN A COUNTY OF THE THIRD CLASS AND $100,000 SHALL BE
ALLOCATED FOR A RESEARCH AND DEVELOPMENT CENTER ASSOCIATED
WITH THE COMMONWEALTH'S LAND GRANT INSTITUTION LOCATED IN A
COUNTY OF THE SIXTH CLASS FOR THE PROMOTION OF ECONOMIC
DEVELOPMENT.
(3) FROM AN APPROPRIATION FOR ADULT AND FAMILY LITERACY
PROGRAMS, SUMMER READING PROGRAMS AND THE ADULT HIGH SCHOOL
DIPLOMAS PROGRAM, NO LESS THAN THE AMOUNT ALLOCATED IN THE
2014-2015 FISCAL YEAR SHALL BE ALLOCATED FOR AN AFTER-SCHOOL
LEARNING PROGRAM SERVICING LOW-INCOME STUDENTS LOCATED IN A
COUNTY OF THE SIXTH CLASS WITH A POPULATION, BASED ON THE
MOST RECENT FEDERAL DECENNIAL CENSUS, OF AT LEAST 60,000 BUT
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NOT MORE THAN 70,000, AND $400,000 SHALL BE ALLOCATED FOR AN
AFTER-SCHOOL LEARNING PROGRAM SERVICING LOW-INCOME STUDENTS
LOCATED IN A COUNTY OF THE THIRD CLASS WITH A POPULATION,
BASED ON THE MOST RECENT FEDERAL DECENNIAL CENSUS, OF AT
LEAST 320,000 BUT NOT MORE THAN 321,000.
(4) FROM FUNDS APPROPRIATED FOR PENNSYLVANIA CHARTER
SCHOOLS FOR THE DEAF AND BLIND, $1,100,000 SHALL BE
DISTRIBUTED PRO RATA BASED ON EACH SCHOOL'S INCREASED SHARE
OF REQUIRED CONTRIBUTIONS FOR PUBLIC SCHOOL EMPLOYEES'
RETIREMENT.
(5) FOR THE PURPOSES OF FUNDS APPROPRIATED FOR APPROVED
PRIVATE SCHOOLS, A PAYMENT MADE UNDER SECTION 1722-L(6) SHALL
BE CONSIDERED PART OF THE BASE ALLOCATION IN SECTION
1376(A.2) OF THE PUBLIC SCHOOL CODE OF 1949.
(6) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FUNDS
FROM THE SET-ASIDE UNDER SECTION 2509.8 OF THE PUBLIC SCHOOL
CODE OF 1949 SHALL BE ALLOCATED TO EACH APPROVED PRIVATE
SCHOOL WITH A DAY TUITION RATE DETERMINED TO BE LESS THAN
$32,000 DURING THE 2010-2011 SCHOOL YEAR. THE ALLOCATION
SHALL BE NO LESS THAN THE AMOUNT ALLOCATED IN THE 2015-2016
FISCAL YEAR.
(7) FROM THE APPROPRIATION FOR REGIONAL COMMUNITY
COLLEGE SERVICES, $600,000 SHALL BE DISTRIBUTED TO A
COMMUNITY COLLEGE IN A COUNTY OF THE FOURTH CLASS WITH A
POPULATION, BASED ON THE MOST RECENT FEDERAL DECENNIAL
CENSUS, OF AT LEAST 175,000 BUT NOT MORE THAN 190,000,
$500,000 FOR A DUAL ENROLLMENT PROGRAM AT A COMMUNITY COLLEGE
IN A CITY OF THE FIRST CLASS AND $1,200,000 SHALL BE
DISTRIBUTED TO A NONPROFIT ORGANIZATION AUTHORIZED UNDER
SECTION 1705-E.1 ESTABLISHING A RURAL REGIONAL COLLEGE
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SERVING NINE RURAL COUNTIES.
(8) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FUNDS
APPROPRIATED FOR COMMUNITY EDUCATION COUNCILS SHALL BE
DISTRIBUTED AS FOLLOWS:
(I) EACH ENTITY WHICH RECEIVED A DISTRIBUTION IN THE
2014-2015 FISCAL YEAR SHALL RECEIVE A DISTRIBUTION EQUAL
TO THE AMOUNT RECEIVED IN THE 2014-2015 FISCAL YEAR.
(II) AN EDUCATIONAL CONSORTIUM SERVING CAMERON,
CLARION, CLEARFIELD, CRAWFORD, ELK, FOREST, JEFFERSON,
MCKEAN, POTTER, VENANGO AND WARREN COUNTIES SHALL RECEIVE
AN ADDITIONAL DISTRIBUTION OF $125,000.
(9) THE FOLLOWING SHALL APPLY:
(I) THE DEPARTMENT OF EDUCATION SHALL PROVIDE FOR AN
ANALYSIS OF A PROPOSED SEPARATION OF A SCHOOL DISTRICT
INTO MORE THAN ONE SCHOOL DISTRICT WHEN ALL OF THE
FOLLOWING APPLY:
(A) THE BOARD OF SCHOOL DIRECTORS OF THE SCHOOL
DISTRICT THAT IS THE SUBJECT OF THE PROPOSED
SEPARATION SUBMITS A WRITTEN REQUEST FOR THE ANALYSIS
TO THE DEPARTMENT OF EDUCATION FOLLOWING THE
UNANIMOUS VOTE OF ALL SCHOOL DIRECTORS APPROVING THE
REQUEST.
(B) THE SCHOOL DISTRICT THAT IS THE SUBJECT OF
THE PROPOSED SEPARATION:
(I) WAS FORMED AS THE RESULT OF A
CONSOLIDATION OF AT LEAST TWO FORMER SCHOOL
DISTRICTS THAT WAS REQUIRED BY THE COMMONWEALTH;
AND
(II) CONTAINS SEPARATE ELEMENTARY AND
SECONDARY SCHOOL BUILDINGS OR CAMPUSES LOCATED
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WITHIN THE BOUNDARIES OF, AND SERVING STUDENTS
WHO RESIDE IN, EACH OF THE COMPONENT FORMER
SCHOOL DISTRICTS THAT WERE CONSOLIDATED TO FORM
THE CURRENT SCHOOL DISTRICT THAT IS THE SUBJECT
OF THE PROPOSED SEPARATION.
(II) THE ANALYSIS REQUIRED UNDER SUBPARAGRAPH (I)
SHALL INCLUDE A DESCRIPTION OF THE EFFECT OF THE PROPOSED
SEPARATION ON STUDENT ACADEMIC AND EXTRACURRICULAR
OPPORTUNITIES, THE IMMEDIATE AND LONG-TERM FINANCIAL
STABILITY OF THE REGIONS INTO WHICH THE SCHOOL DISTRICT
WOULD BE SEPARATED, STUDENT TRANSPORTATION AND ANY OTHER
INFORMATION THE DEPARTMENT OF EDUCATION DETERMINES IS
RELEVANT TO THE PROPOSED SEPARATION.
(III) THE DEPARTMENT OF EDUCATION SHALL PROVIDE FOR
THE SUBMISSION OF A WRITTEN REPORT OF THE ANALYSIS
REQUIRED UNDER SUBPARAGRAPH (I) TO THE BOARD OF SCHOOL
DIRECTORS WITHIN SIX MONTHS OF THE BOARD'S REQUEST.
(IV) FOR PURPOSES OF PROVIDING FOR AN ANALYSIS UNDER
SUBPARAGRAPH (I), THE DEPARTMENT OF EDUCATION MAY USE UP
TO $50,000 OF UNDISTRIBUTED FUNDS NOT EXPENDED,
ENCUMBERED OR COMMITTED FROM APPROPRIATIONS FOR GRANTS
AND SUBSIDIES MADE TO THE DEPARTMENT OF EDUCATION. THE
FUNDS SHALL BE TRANSFERRED BY THE SECRETARY OF THE BUDGET
TO A RESTRICTED ACCOUNT AS NECESSARY AND, WHEN
TRANSFERRED, ARE HEREBY APPROPRIATED TO CARRY OUT THE
PROVISIONS OF THIS SUBPARAGRAPH.
(10) NOTWITHSTANDING SECTION 1724-A OF THE PUBLIC SCHOOL
CODE OF 1949 OR 24 PA.C.S. ยง 8329 (RELATING TO PAYMENTS ON
ACCOUNT OF SOCIAL SECURITY DEDUCTIONS FROM APPROPRIATIONS),
NO PAYMENTS SHALL BE MADE TO CHARTER SCHOOLS, REGIONAL
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CHARTER SCHOOLS OR CYBER CHARTER SCHOOLS AUTHORIZED UNDER
ARTICLE XVII-A OF THE PUBLIC SCHOOL CODE OF 1949 FROM FUNDS
APPROPRIATED FOR SCHOOL EMPLOYEES' SOCIAL SECURITY.
(11) NOTWITHSTANDING SECTION 1724-A OF THE PUBLIC SCHOOL
CODE OF 1949 OR 24 PA.C.S. ยงยง 8326 (RELATING TO CONTRIBUTIONS
BY THE COMMONWEALTH) AND 8535 (RELATING TO PAYMENTS TO SCHOOL
ENTITIES BY COMMONWEALTH), NO PAYMENTS SHALL BE MADE TO
CHARTER SCHOOLS, REGIONAL CHARTER SCHOOLS OR CYBER CHARTER
SCHOOLS AUTHORIZED UNDER ARTICLE XVII-A OF THE PUBLIC SCHOOL
CODE OF 1949 FROM FUNDS APPROPRIATED FOR PAYMENT OF REQUIRED
CONTRIBUTIONS FOR PUBLIC SCHOOL EMPLOYEES' RETIREMENT.
SECTION 1723-B. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
(RESERVED).
SECTION 1724-B. DEPARTMENT OF GENERAL SERVICES.
FROM FUNDS APPROPRIATED FOR CAPITOL FIRE PROTECTION, THE CITY
OF HARRISBURG SHALL USE THE FUNDS TO SUPPORT THE PROVISIONS OF
FIRE SERVICES TO THE CAPITOL COMPLEX.
SECTION 1725-B. DEPARTMENT OF HEALTH.
THE FOLLOWING APPLY:
(1) FROM FUNDS APPROPRIATED FOR GENERAL GOVERNMENT
OPERATIONS, SUFFICIENT FUNDS ARE INCLUDED FOR THE
COORDINATION OF DONATED DENTAL SERVICES AND $100,000 IS
INCLUDED FOR OUTREACH FOR CHARCOT-MARIE-TOOTH SYNDROME.
(2) FUNDS APPROPRIATED FOR NEWBORN SCREENING SHALL
INCLUDE $250,000 FOR THE OPERATION OF A REFERRAL CENTER FOR
ABNORMAL METABOLIC SCREENINGS AT A CHILDREN'S HOSPITAL IN A
COUNTY OF THE EIGHTH CLASS.
(3) FROM FUNDS APPROPRIATED FOR ADULT CYSTIC FIBROSIS
AND OTHER CHRONIC RESPIRATORY ILLNESSES, NO LESS THAN THE
AMOUNT USED IN THE 2014-2015 FISCAL YEAR SHALL BE USED FOR A
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PROGRAM PROMOTING CYSTIC FIBROSIS RESEARCH IN A COUNTY OF THE
SECOND CLASS, AND NO LESS THAN THE AMOUNT USED IN THE 2014-
2015 FISCAL YEAR SHALL BE USED FOR RESEARCH RELATED TO
CHILDHOOD CYSTIC FIBROSIS IN A CITY OF THE FIRST CLASS WITH A
HOSPITAL THAT IS NATIONALLY ACCREDITED AS A CYSTIC FIBROSIS
TREATMENT CENTER AND SPECIALIZES IN THE TREATMENT OF
CHILDREN.
(4) FUNDS APPROPRIATED FOR LUPUS PROGRAMS SHALL BE
DISTRIBUTED IN THE SAME PROPORTION AS DISTRIBUTED IN FISCAL
YEAR 2014-2015 .
(5) FUNDS APPROPRIATED FOR BIOTECHNOLOGY RESEARCH
INCLUDE ALLOCATIONS FOR REGENERATIVE MEDICINE RESEARCH, FOR
REGENERATIVE MEDICINE MEDICAL TECHNOLOGY, FOR HEPATITIS AND
VIRAL RESEARCH, FOR DRUG RESEARCH AND CLINICAL TRIALS RELATED
TO CANCER, FOR GENETIC AND MOLECULAR RESEARCH FOR DISEASE
IDENTIFICATION AND ERADICATION, FOR NANOTECHNOLOGY AND FOR
THE COMMERCIALIZATION OF APPLIED RESEARCH.
SECTION 1726-B. INSURANCE DEPARTMENT (RESERVED).
SECTION 1727-B. DEPARTMENT OF LABOR AND INDUSTRY.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
DEPARTMENT OF LABOR AND INDUSTRY:
(1) THE APPROPRIATION FOR PAYMENT TO THE VOCATIONAL
REHABILITATION FUND FOR WORK OF THE STATE BOARD OF VOCATIONAL
REHABILITATION SERVICES INCLUDES ALLOCATIONS FOR A STATEWIDE
PROFESSIONAL SERVICE PROVIDER ASSOCIATION FOR THE BLIND TO
PROVIDE SPECIALIZED SERVICES AND PREVENTION OF BLINDNESS
SERVICES AND FOR SPECIALIZED SERVICES AND PREVENTION OF
BLINDNESS SERVICES IN CITIES OF THE FIRST CLASS, IN AMOUNTS
USED FOR THOSE PURPOSES IN THE 2014-2015 FISCAL YEAR.
(2) FROM FUNDS APPROPRIATED TO THE DEPARTMENT FOR
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TRANSFER TO THE VOCATIONAL REHABILITATION FUND, THE
DEPARTMENT SHALL ALLOCATE MONEY TO PROVIDE SERVICES UNDER THE
ACT OF MAY 17, 2016 (P.L.216, NO.26), KNOWN AS THE WORK
EXPERIENCE FOR HIGH SCHOOL STUDENTS WITH DISABILITIES ACT.
(3) FROM FUNDS APPROPRIATED FOR INDUSTRY PARTNERSHIPS,
NO LESS THAN THE AMOUNT ALLOCATED IN THE 2014-2015 FISCAL
YEAR SHALL BE ALLOCATED FOR A WORK FORCE DEVELOPMENT PROGRAM
THAT LINKS VETERANS WITH EMPLOYMENT IN A HOME RULE COUNTY
THAT WAS FORMERLY A COUNTY OF THE SECOND CLASS A.
SECTION 1728-B. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
(RESERVED).
SECTION 1729-B. DEPARTMENT OF HUMAN SERVICES.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
DEPARTMENT OF HUMAN SERVICES:
(1) THE FOLLOWING SHALL APPLY:
(I) THE DEPARTMENT, UPON APPROVAL OF THE SECRETARY,
MAY TRANSFER FEDERAL FUNDS APPROPRIATED FOR TANFBG CHILD
CARE ASSISTANCE TO THE CCDFBG CHILD CARE SERVICES
APPROPRIATION TO PROVIDE CHILD-CARE SERVICES TO
ADDITIONAL LOW-INCOME FAMILIES IF THE TRANSFER OF FUNDS
WILL NOT RESULT IN A DEFICIT IN THE APPROPRIATION. THE
SECRETARY SHALL PROVIDE NOTICE 10 DAYS PRIOR TO A
TRANSFER UNDER THIS SUBPARAGRAPH TO THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF
THE SENATE AND THE CHAIRPERSON AND MINORITY CHAIRPERSON
OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES.
(II) THE DEPARTMENT, UPON APPROVAL OF THE SECRETARY,
MAY TRANSFER FEDERAL FUNDS APPROPRIATED FOR CCDFBG CHILD
CARE ASSISTANCE TO THE CCDFBG CHILD CARE SERVICES
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APPROPRIATION TO PROVIDE CHILD-CARE SERVICES TO
ADDITIONAL LOW-INCOME FAMILIES, PROVIDED THAT THE
TRANSFER OF FUNDS WILL NOT RESULT IN A DEFICIT IN THE
APPROPRIATION. THE SECRETARY SHALL PROVIDE NOTICE 10 DAYS
PRIOR TO A TRANSFER UNDER THIS SUBPARAGRAPH TO THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(2) FROM FUNDS APPROPRIATED FOR MENTAL HEALTH SERVICES
OR FROM FEDERAL FUNDS, $580,000 SHALL BE USED FOR THE
FOLLOWING:
(I) THE OPERATION AND MAINTENANCE OF A NETWORK OF
WEB PORTALS THAT PROVIDE COMPREHENSIVE REFERRAL SERVICES,
SUPPORT AND INFORMATION RELATING TO EARLY INTERVENTION,
PREVENTION AND SUPPORT FOR INDIVIDUALS WITH MENTAL HEALTH
OR SUBSTANCE ABUSE ISSUES, COUNTY MENTAL HEALTH OFFICES,
PROVIDERS AND OTHERS THAT PROVIDE MENTAL AND BEHAVIORAL
HEALTH TREATMENT AND RELATED SERVICES.
(II) THE EXPANSION OF THE EXISTING WEB PORTALS,
INCLUDING SERVICES AND RESOURCES FOR MILITARY VETERANS
AND THEIR FAMILIES, INCLUDING COMPREHENSIVE REFERRAL
SERVICES FOR TRANSITIONAL, TEMPORARY AND PERMANENT
HOUSING, JOB PLACEMENT AND CAREER COUNSELING AND OTHER
SERVICES FOR MILITARY VETERANS RETURNING TO CIVILIAN
LIFE.
(3) THE FOLLOWING SHALL APPLY:
(I) PAYMENTS TO HOSPITALS FOR COMMUNITY ACCESS FUND
GRANTS SHALL BE DISTRIBUTED UNDER THE FORMULAS UTILIZED
FOR THESE GRANTS IN FISCAL YEAR 2014-2015 . IF THE TOTAL
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FUNDING AVAILABLE UNDER THIS SUBPARAGRAPH IS LESS THAN
THAT AVAILABLE IN FISCAL YEAR 2014-2015 , PAYMENTS SHALL
BE MADE ON A PRO RATA BASIS.
(II) AMOUNTS ALLOCATED FROM FUNDS APPROPRIATED FOR
FEE-FOR-SERVICE USED FOR THE SELECT PLAN FOR WOMEN
PREVENTATIVE HEALTH SERVICES SHALL BE USED FOR WOMEN'S
MEDICAL SERVICES, INCLUDING NONINVASIVE CONTRACEPTION
SUPPLIES.
(III) NOTWITHSTANDING ANY OTHER LAW, FUNDS
APPROPRIATED FOR MEDICAL ASSISTANCE PAYMENTS FOR FEE-FOR-
SERVICE CARE, EXCLUSIVE OF INPATIENT SERVICES PROVIDED
THROUGH CAPITATION PLANS, SHALL INCLUDE SUFFICIENT FUNDS
FOR TWO SEPARATE ALL PATIENT REFINED DIAGNOSTIC RELATED
GROUP PAYMENTS FOR INPATIENT ACUTE CARE GENERAL HOSPITAL
STAYS FOR:
(A) NORMAL NEWBORN CARE; AND
(B) MOTHERS' OBSTETRICAL DELIVERY.
(IV) FROM FUNDS APPROPRIATED FOR MEDICAL ASSISTANCE
FEE-FOR-SERVICE CARE THE FOLLOWING APPLY:
(A) NO LESS THAN THE AMOUNT USED IN THE 2014-
2015 FISCAL YEAR SHALL BE USED FOR CLEFT PALATES AND
OTHER CRANIOFACIAL ANOMALIES.
(B) AT LEAST $800,000 SHALL BE DISTRIBUTED TO A
HOSPITAL FOR CLINICAL OPHTHALMOLOGIC SERVICES LOCATED
IN A CITY OF THE FIRST CLASS.
(C) NO LESS THAN THE AMOUNT DISTRIBUTED IN THE
2014-2015 FISCAL YEAR SHALL BE DISTRIBUTED FOR
IMPROVEMENTS TO AN INTENSIVE CARE FACILITY IN AN
ACUTE CARE HOSPITAL LOCATED IN A CITY OF THE FIRST
CLASS.
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(D) AT LEAST $5,000,000 SHALL BE DISTRIBUTED TO
A HOSPITAL IN A CITY OF THE THIRD CLASS IN A HOME
RULE COUNTY THAT WAS FORMERLY A COUNTY OF THE SECOND
CLASS A.
(E) FUNDS ARE PROVIDED FOR A $5-PER-HOUR
INCREASE IN THE FEE-FOR-SERVICE FEE SCHEDULE RATE FOR
PEDIATRIC SHIFT NURSING SERVICES PROVIDED BY
REGISTERED NURSES AND LICENSED PRACTICAL NURSES IN A
HOME CARE SETTING EFFECTIVE JULY 1, 2016.
(F) AT LEAST $300,000 SHALL BE DISTRIBUTED FOR
EQUIPMENT AND DIAGNOSTIC IMPROVEMENTS TO A HEALTH
SYSTEM LOCATED IN A COUNTY OF THE FIFTH CLASS.
(G) AT LEAST $2,000,000 SHALL BE DISTRIBUTED TO
A UNIVERSITY LOCATED IN A CITY OF THE FIRST CLASS TO
ADVANCE PROTOCOLS RELATED TO THE TREATMENT AND
PREVENTION OF TRAUMATIC BRAIN INJURY.
(V) FROM FUNDS APPROPRIATED FOR MEDICAL ASSISTANCE
CAPITATION, NO LESS THAN THE AMOUNT USED IN THE 2014-2015
FISCAL YEAR SHALL BE USED FOR PREVENTION AND TREATMENT OF
DEPRESSION AND ITS COMPLICATIONS IN OLDER PENNSYLVANIANS
IN A COUNTY OF THE SECOND CLASS AND FUNDS ARE PROVIDED
FOR MANAGED CARE ORGANIZATIONS TO PROVIDE AN INCREASE IN
THE REIMBURSEMENT RATES FOR PEDIATRIC SHIFT NURSING
SERVICES PROVIDED IN A HOME CARE SETTING EFFECTIVE
JANUARY 1, 2017. FROM FUNDS APPROPRIATED FOR MEDICAL
ASSISTANCE CAPITATION, NO LESS THAN $5,000,000 SHALL BE
USED TO TREAT HEROIN AND OPIOID ADDICTION.
(VI) FROM FUNDS APPROPRIATED FOR MEDICAL ASSISTANCE
LONG-TERM CARE, NO LESS THAN THE AMOUNT DISTRIBUTED IN
THE 2014-2015 FISCAL YEAR SHALL BE DISTRIBUTED TO A
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COUNTY NURSING HOME LOCATED IN A HOME RULE COUNTY THAT
WAS FORMERLY A COUNTY OF THE SECOND CLASS A WHICH HAS A
MEDICAL ASSISTANCE OCCUPANCY RATE OF AT LEAST 85%,
$2,000,000 SHALL BE DISTRIBUTED TO A NONPUBLIC NURSING
HOME LOCATED IN A COUNTY OF THE FIRST CLASS WITH MORE
THAN 395 BEDS AND A MEDICAID ACUITY AT 1.19 AS OF AUGUST
1, 2015, TO ENSURE ACCESS TO NECESSARY NURSING CARE IN
THAT COUNTY AND $4,000,000 SHALL BE DISTRIBUTED TO A
NONPUBLIC NURSING HOME LOCATED IN A COUNTY OF THE EIGHTH
CLASS WITH MORE THAN 119 BEDS AND A MEDICAID ACUITY OF
1.14 AS OF AUGUST 1, 2015, TO ENSURE ACCESS TO NECESSARY
NURSING HOME CARE IN THAT COUNTY.
(VII) FROM FUNDS APPROPRIATED FOR MEDICAL ASSISTANCE
LONG-TERM CARE, NO LESS THAN $850,000 SHALL BE ALLOCATED
TO A SPECIAL REHABILITATION FACILITY IN PEER GROUP NUMBER
13 IN A CITY OF THE THIRD CLASS WITH A POPULATION BETWEEN
115,000 AND 120,000 BASED UPON 2010 CENSUS DATA, AND AN
ADDITIONAL $750,000 SHALL BE PAID IN EQUAL PAYMENTS TO
NURSING FACILITIES THAT QUALIFIED FOR SUPPLEMENTAL
VENTILATOR CARE AND TRACHEOSTOMY CARE PAYMENTS IN FISCAL
YEAR 2014-2015 WITH A PERCENTAGE OF MEDICAL ASSISTANCE
RECIPIENT RESIDENTS WHO REQUIRED MEDICALLY NECESSARY
VENTILATOR CARE OR TRACHEOSTOMY CARE GREATER THAN 90%.
(VIII) FEDERAL OR STATE FUNDS APPROPRIATED UNDER THE
GENERAL APPROPRIATION ACT IN ACCORDANCE WITH ARTICLE
VIII-H OF THE HUMAN SERVICES CODE, NOT USED TO MAKE
PAYMENTS TO HOSPITALS QUALIFYING AS LEVEL III TRAUMA
CENTERS OR SEEKING ACCREDITATION AS LEVEL III TRAUMA
CENTERS SHALL BE USED TO MAKE PAYMENTS TO HOSPITALS
QUALIFYING AS LEVELS I AND II TRAUMA CENTERS.
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(IX) QUALIFYING ACADEMIC MEDICAL CENTERS WHICH
RECEIVED FUNDS FOR FISCAL YEAR 2014-2015 SHALL NOT
RECEIVE ANY LESS THAN THE STATE APPROPRIATION MADE
AVAILABLE TO THOSE ACADEMIC MEDICAL CENTERS DURING FISCAL
YEAR 2014-2015.
(IX.1) IN ADDITION TO THE FUNDS UNDER SUBPARAGRAPH
(IX), THE FOLLOWING SHALL APPLY:
(A) A QUALIFYING ACADEMIC MEDICAL CENTER WITH A
REGIONAL CAMPUS LOCATED IN A COUNTY OF THE FOURTH
CLASS SHALL RECEIVE AN ADDITIONAL $1,000,000.
(B) A QUALIFYING ACADEMIC MEDICAL CENTER LOCATED
IN A COUNTY OF THE THIRD CLASS WITH A POPULATION
BETWEEN 210,000 AND 215,000 UNDER THE 2010 FEDERAL
DECENNIAL CENSUS SHALL RECEIVE AN ADDITIONAL
$1,000,000.
(C) A QUALIFYING ACADEMIC MEDICAL CENTER LOCATED
IN A COUNTY OF THE SECOND CLASS SHALL RECEIVE AN
ADDITIONAL $500,000.
(D) A QUALIFYING ACADEMIC MEDICAL CENTER LOCATED
IN A COUNTY OF THE THIRD CLASS WITH A POPULATION
BETWEEN 279,000 AND 282,000 UNDER THE 2010 FEDERAL
DECENNIAL CENSUS SHALL RECEIVE AN ADDITIONAL
$1,000,000 AND AN ACADEMIC MEDICAL CENTER LOCATED IN
A CITY OF THE FIRST CLASS THAT DID NOT RECEIVE
FUNDING DURING FISCAL YEAR 2010-2011 SHALL RECEIVE AN
ADDITIONAL $250,000.
(X) QUALIFYING UNIVERSITY-AFFILIATED PHYSICIAN
PRACTICE PLANS WHICH RECEIVED FUNDS FOR FISCAL YEAR 2014-
2015 SHALL NOT RECEIVE ANY LESS THAN THE STATE
APPROPRIATION MADE AVAILABLE TO THOSE UNIVERSITY-
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AFFILIATED PHYSICIAN PRACTICE PLANS DURING FISCAL YEAR
2014-2015. FROM FUNDS APPROPRIATED FOR PHYSICIAN PRACTICE
PLANS:
(A) $1,500,000 SHALL BE DISTRIBUTED TO A HEALTH
SYSTEM, CONTAINING A PHYSICIAN PRACTICE PLAN, LOCATED
IN A CITY OF THE FIRST CLASS AND A CONTIGUOUS COUNTY
OF THE SECOND CLASS A WHICH DID RECEIVE FUNDING
DURING FISCAL YEAR 2015-2016;
(B) AT LEAST $500,000 SHALL BE DISTRIBUTED TO A
PHYSICIAN PRACTICE PLAN SERVING A HEALTH SYSTEM
LOCATED IN A CITY OF THE FIRST CLASS AND TWO
CONTIGUOUS COUNTIES OF THE SECOND CLASS A THAT HAS AN
INDEPENDENT ACADEMIC CENTER WHICH DID RECEIVE FUNDING
DURING FISCAL YEAR 2014-2015; AND
(C) $1,500,000 SHALL BE DISTRIBUTED TO AN ACUTE
CARE HOSPITAL AFFILIATED WITH AN ACADEMIC MEDICAL
CENTER LOCATED IN A CITY OF THE SECOND CLASS IN A
COUNTY OF THE SECOND CLASS THAT PROVIDES SERVICES TO
MEDICAID RECIPIENTS AND UNINSURED PERSONS.
(XI) FUNDS APPROPRIATED FOR MEDICAL ASSISTANCE
TRANSPORTATION SHALL ONLY BE UTILIZED AS A PAYMENT OF
LAST RESORT FOR TRANSPORTATION FOR ELIGIBLE MEDICAL
ASSISTANCE RECIPIENTS.
(4) THE FOLLOWING SHALL APPLY:
(I) FUNDS APPROPRIATED FOR BREAST CANCER SCREENING
MAY BE USED FOR WOMEN'S MEDICAL SERVICES, INCLUDING
NONINVASIVE CONTRACEPTION SUPPLIES.
(II) (RESERVED).
(5) THE FOLLOWING SHALL APPLY:
(I) FUNDS APPROPRIATED FOR WOMEN'S SERVICE PROGRAMS
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GRANTS TO NONPROFIT AGENCIES WHOSE PRIMARY FUNCTION IS TO
PROMOTE CHILDBIRTH AND PROVIDE ALTERNATIVES TO ABORTION
SHALL BE EXPENDED TO PROVIDE SERVICES TO WOMEN UNTIL
CHILDBIRTH AND FOR UP TO 12 MONTHS THEREAFTER, INCLUDING
FOOD, SHELTER, CLOTHING, HEALTH CARE, COUNSELING,
ADOPTION SERVICES, PARENTING CLASSES, ASSISTANCE FOR
POSTDELIVERY STRESS AND OTHER SUPPORTIVE PROGRAMS AND
SERVICES AND FOR RELATED OUTREACH PROGRAMS. AGENCIES MAY
SUBCONTRACT WITH OTHER NONPROFIT ENTITIES WHICH OPERATE
PROJECTS DESIGNED SPECIFICALLY TO PROVIDE ALL OR A
PORTION OF THESE SERVICES. PROJECTS RECEIVING FUNDS
REFERRED TO IN THIS SUBPARAGRAPH SHALL NOT PROMOTE, REFER
FOR OR PERFORM ABORTIONS OR ENGAGE IN ANY COUNSELING
WHICH IS INCONSISTENT WITH THE APPROPRIATION REFERRED TO
IN THIS SUBPARAGRAPH AND SHALL BE PHYSICALLY AND
FINANCIALLY SEPARATE FROM ANY COMPONENT OF ANY LEGAL
ENTITY ENGAGING IN SUCH ACTIVITIES.
(II) FEDERAL FUNDS APPROPRIATED FOR TANFBG
ALTERNATIVES TO ABORTION SHALL BE UTILIZED SOLELY FOR
SERVICES TO WOMEN WHOSE GROSS FAMILY INCOME IS BELOW 185%
OF THE FEDERAL POVERTY GUIDELINES.
(6) FROM FUNDS APPROPRIATED FOR AUTISM INTERVENTION AND
SERVICES, NO LESS THAN THE AMOUNT DISTRIBUTED IN THE 2014-
2015 FISCAL YEAR SHALL BE DISTRIBUTED TO A BEHAVIORAL HEALTH
FACILITY LOCATED IN A FIFTH CLASS COUNTY WITH A POPULATION
BETWEEN 130,000 AND 135,000 UNDER THE 2010 FEDERAL DECENNIAL
CENSUS THAT OPERATES A CENTER FOR AUTISM AND DEVELOPMENTAL
DISABILITIES, AN INSTITUTION OF HIGHER EDUCATION WHICH
PROVIDES AUTISM EDUCATION AND DIAGNOSTIC CURRICULUM LOCATED
IN A CITY OF THE FIRST CLASS THAT OPERATES A CENTER FOR
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AUTISM IN A COUNTY OF THE SECOND CLASS A, AN INSTITUTION OF
HIGHER EDUCATION WHICH PROVIDES AUTISM EDUCATION AND
DIAGNOSTIC CURRICULUM AND IS LOCATED IN A COUNTY OF THE
SECOND CLASS, PROGRAMS TO PROMOTE THE HEALTH AND FITNESS OF
PERSONS WITH DEVELOPMENTAL DISABILITIES LOCATED IN A CITY OF
THE FIRST CLASS AND $500,000 SHALL BE ALLOCATED FOR THE
EXPANSION OF AN ADULT AUTISM PROGRAM IN A COUNTY OF THE THIRD
CLASS.
(7) FUNDS APPROPRIATED FOR COMMUNITY-BASED FAMILY
CENTERS MAY NOT BE CONSIDERED AS PART OF THE BASE FOR
CALCULATION OF THE COUNTY CHILD WELFARE NEEDS-BASED BUDGET
FOR A FISCAL YEAR.
(8) TO SUPPLEMENT THE FUNDS APPROPRIATED TO THE
DEPARTMENT FOR MEDICAL ASSISTANCE FOR WORKERS WITH
DISABILITIES, IN ADDITION TO THE MONTHLY PREMIUM ESTABLISHED
UNDER SECTION 1503(B)(1) OF THE ACT OF JUNE 26, 2001
(P.L.755, NO.77), KNOWN AS THE TOBACCO SETTLEMENT ACT, THE
DEPARTMENT MAY ADJUST THE PERCENTAGE OF THE PREMIUM UPON
APPROVAL OF THE CENTERS FOR MEDICAID SERVICES AS AUTHORIZED
UNDER FEDERAL REQUIREMENTS. FAILURE TO MAKE PAYMENTS IN
ACCORDANCE WITH THIS PARAGRAPH OR SECTION 1503(B)(1) OF THE
TOBACCO SETTLEMENT ACT SHALL RESULT IN THE TERMINATION OF
MEDICAL ASSISTANCE COVERAGE.
(9) THE PROVISIONS OF 8 U.S.C. ยงยง 1611 (RELATING TO
ALIENS WHO ARE NOT QUALIFIED ALIENS INELIGIBLE FOR FEDERAL
PUBLIC BENEFITS), 1612 (RELATING TO LIMITED ELIGIBILITY OF
QUALIFIED ALIENS FOR CERTAIN FEDERAL PROGRAMS) AND 1642
(RELATING TO VERIFICATION OF ELIGIBILITY FOR FEDERAL PUBLIC
BENEFITS) SHALL APPLY TO PAYMENTS AND PROVIDERS.
(10) A STATEWIDE ORGANIZATION ADMINISTERING DOMESTIC
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VIOLENCE SERVICES ON BEHALF OF THE DEPARTMENT SHALL HAVE
UNTIL SEPTEMBER 30, 2016, TO FILE THE AUDIT REQUIRED UNDER
SECTION 5(F) OF THE ACT OF DECEMBER 19, 1990 (P.L.1200,
NO.202), KNOWN AS THE SOLICITATION OF FUNDS FOR CHARITABLE
PURPOSES ACT. UNTIL SUCH DATE, THE ORGANIZATION SHALL
CONTINUE UNDER ITS PRIOR YEAR'S REGISTRATION WITH FULL RIGHTS
AND PERMISSIONS UNDER THE SOLICITATION OF FUNDS FOR
CHARITABLE PURPOSES ACT.
SECTION 1730-B. DEPARTMENT OF REVENUE.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
DEPARTMENT OF REVENUE:
(1) THE ENHANCED REVENUE COLLECTION ACCOUNT SHALL
CONTINUE THROUGH FISCAL YEAR 2019-2020. REVENUES COLLECTED
AND THE AMOUNT OF REFUNDS AVOIDED AS A RESULT OF EXPANDED TAX
RETURN REVIEWS AND TAX COLLECTION ACTIVITIES SHALL BE
DEPOSITED INTO THE ACCOUNT. THE FOLLOWING SHALL APPLY:
(I) OF THE FUNDS IN THE ACCOUNT, FOR EACH OF THE
FISCAL YEARS 2016-2017 THROUGH 2019-2020, UP TO
$25,000,000 IS APPROPRIATED TO THE DEPARTMENT TO FUND THE
COSTS ASSOCIATED WITH INCREASED TAX COLLECTION
ENFORCEMENT AND REDUCTION IN TAX REFUND ERRORS. THE
BALANCE OF THE FUNDS IN THE ACCOUNT ON JUNE 15, 2014, AND
EACH JUNE 15 THEREAFTER, SHALL BE TRANSFERRED TO THE
GENERAL FUND.
(II) THE DEPARTMENT SHALL ISSUE A REPORT TO THE
GOVERNOR, THE CHAIRPERSON AND THE MINORITY CHAIRPERSON OF
THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES
BY JUNE 1, 2017, AND BY EACH JUNE 1 THEREAFTER, WITH THE
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FOLLOWING INFORMATION:
(A) A DETAILED BREAKDOWN OF THE DEPARTMENT'S
ADMINISTRATIVE COSTS IN IMPLEMENTING THE ACTIVITIES
DESCRIBED UNDER THIS SECTION.
(B) THE AMOUNT OF REVENUE COLLECTED AND THE
AMOUNT OF REFUNDS AVOIDED AS A RESULT OF THE
ACTIVITIES UNDER THIS PARAGRAPH, INCLUDING THE TYPE
OF TAX GENERATING THE REVENUE AND AVOIDED REFUNDS.
(2) (RESERVED).
SECTION 1731-B. DEPARTMENT OF STATE (RESERVED).
SECTION 1732-B. DEPARTMENT OF TRANSPORTATION.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
DEPARTMENT OF TRANSPORTATION:
(1) FROM AMOUNTS APPROPRIATED OR ANY OTHER FUNDS USED BY
THE DEPARTMENT DURING THE 2016-2017 FISCAL YEAR, THE
DEPARTMENT MAY NOT USE DIRECT MAIL INSERTS IN MAILINGS FROM
THE DEPARTMENT. AS USED IN THIS PARAGRAPH, THE TERM "DIRECT
MAIL INSERTS" INCLUDES COUPONS FOR COMMERCIAL SERVICES,
ADVERTISING MATERIALS FOR A PRIVATE COMMERCIAL ENTITY AND
DEPARTMENTAL DOCUMENTS WHICH ARE SPONSORED BY A PRIVATE
COMMERCIAL ENTITY.
(2) (RESERVED).
SECTION 1733-B. PENNSYLVANIA STATE POLICE (RESERVED).
SECTION 1734-B. STATE CIVIL SERVICE COMMISSION (RESERVED).
SECTION 1735-B. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY:
(1) FUNDS APPROPRIATED FOR SEARCH AND RESCUE PROGRAMS
SHALL BE USED TO SUPPORT PROGRAMS RELATED TO TRAINING WORKING
SERVICE DOGS FOCUSING ON RESCUE AND PUBLIC SAFETY AT A CENTER
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LOCATED IN A CITY OF THE FIRST CLASS.
(2) (RESERVED).
SECTION 1736-B. PENNSYLVANIA FISH AND BOAT COMMISSION
(RESERVED).
SECTION 1737-B. STATE SYSTEM OF HIGHER EDUCATION (RESERVED).
SECTION 1737.1-B. STATE-RELATED INSTITUTIONS (RESERVED).
SECTION 1738-B. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY
(RESERVED).
SECTION 1739-B. PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION
(RESERVED).
SECTION 1740-B. PENNSYLVANIA INFRASTRUCTURE INVESTMENT
AUTHORITY.
FOR THE 2016-2017 FISCAL YEAR, UP TO $10,000,000 OF FUNDS OF
THE PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY SHALL BE
USED TO FUND GRANTS FOR PROJECTS THAT INSTALL INFRASTRUCTURE TO
ENSURE CLEAN DRINKING WATER IN A TOWNSHIP OF THE SECOND CLASS
WITH A POPULATION BETWEEN 26,000 AND 27,000 BASED ON THE MOST
RECENT FEDERAL DECENNIAL CENSUS THAT IS ALSO LOCATED IN A COUNTY
OF THE SECOND CLASS A.
SECTION 1741-B. ENVIRONMENTAL HEARING BOARD (RESERVED).
SECTION 1742-B. PENNSYLVANIA BOARD OF PROBATION AND PAROLE
(RESERVED).
SECTION 1743-B. (RESERVED).
SECTION 1744-B. (RESERVED).
SECTION 1745-B. (RESERVED).
SECTION 1746-B. (RESERVED).
SECTION 1747-B. (RESERVED).
SECTION 1748-B. COMMONWEALTH FINANCING AUTHORITY (RESERVED).
SECTION 1749-B. THADDEUS STEVENS COLLEGE OF TECHNOLOGY
(RESERVED).
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SECTION 1750-B. PENNSYLVANIA HOUSING FINANCE AGENCY (RESERVED).
SECTION 1751-B. LIHEABG (RESERVED).
SECTION 1752-B. PENNSYLVANIA LIQUOR CONTROL BOARD.
NOTWITHSTANDING ANY LAW TO THE CONTRARY, UPON APPLICATION OF
THE CHIEF EXECUTIVE OF A NATIONAL POLITICAL PARTY CONDUCTING ITS
NATIONAL CONVENTION IN THIS COMMONWEALTH, OR THE CHIEF
EXECUTIVE'S DESIGNEE, OR THE OFFICIAL HOST COMMITTEE OF THE
NATIONAL CONVENTION, THE PENNSYLVANIA LIQUOR CONTROL BOARD MAY
ISSUE ONE OR MORE NATIONAL EVENT PERMITS FOR EVENTS DIRECTLY
CONNECTED TO THE CONVENTION.
(1) THE APPLICATION SHALL INCLUDE AN APPLICATION FEE OF
$5,000 WHICH SHALL BE DEPOSITED INTO THE STATE STORES FUND.
NO ADDITIONAL FEE SHALL BE REQUIRED FOR ANY SUBSEQUENT
APPLICATION.
(2) THE PENNSYLVANIA LIQUOR CONTROL BOARD SHALL APPROVE
THE APPLICATION UNLESS DOING SO WOULD CLEARLY BE AGAINST THE
PUBLIC INTEREST. IF THE PENNSYLVANIA LIQUOR CONTROL BOARD
APPROVES THE APPLICATION, THE PENNSYLVANIA LIQUOR CONTROL
BOARD SHALL DETERMINE THE LOCATION, DATE AND HOURS THAT THE
PERMIT SHALL BE IN EFFECT. MORE THAN ONE LOCATION MAY BE
LICENSED AT ONE TIME.
(3) THE PERMIT SHALL HAVE THE SAME RIGHTS AND
RESTRICTIONS AS A SPECIAL OCCASION PERMIT ISSUED UNDER
SECTION 408.4 OF THE ACT OF APRIL 12, 1951 (P.L.90, NO.21),
KNOWN AS THE LIQUOR CODE, EXCEPT AS FOLLOWS:
(I) THE PERMIT SHALL NOT BE SUBJECT TO THE HOURS
RESTRICTION UNDER SECTION 408.4(K) OF THE LIQUOR CODE,
THE DAYS RESTRICTIONS UNDER SECTION 408(I) OF THE LIQUOR
CODE OR THE NOTICE REQUIREMENTS UNDER SECTION 408.4(J) OF
THE LIQUOR CODE.
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(II) THE PERMIT MAY BE ISSUED TO A LOCATION THAT IS
ALREADY LICENSED BY THE PENNSYLVANIA LIQUOR CONTROL BOARD
SO LONG AS THE PENNSYLVANIA LIQUOR CONTROL BOARD CLEARLY
STATES WHICH PERMIT OR LICENSE IS IN EFFECT.
(III) THE PERMIT HOLDER MAY ACCEPT, IMPORT, POSSESS
OR RESELL DONATED ALCOHOL ACQUIRED FROM LICENSED AND
UNLICENSED ENTITIES SO LONG AS IT RECEIVES PENNSYLVANIA
LIQUOR CONTROL BOARD APPROVAL PRIOR TO DOING SO. THE
DONATED ALCOHOL DOES NOT NEED TO COME TO REST AT A
PENNSYLVANIA LIQUOR STORE PRIOR TO ITS USE BY THE PERMIT
HOLDER, UNLESS THE PENNSYLVANIA LIQUOR CONTROL BOARD SO
DIRECTS. MALT OR BREWED BEVERAGES DONATED UNDER THIS
SECTION SHALL NOT NEED TO COME TO REST AT A LICENSED
IMPORTING DISTRIBUTOR PRIOR TO THEIR USE BY THE PERMIT
HOLDER, SO LONG AS THE DONATED BRANDS ARE REGISTERED WITH
THE PENNSYLVANIA LIQUOR CONTROL BOARD AND THE
PENNSYLVANIA LIQUOR CONTROL BOARD APPROVES THE
ARRANGEMENT.
(IV) IF THE PROPOSED LOCATION IS SUBJECT TO A
CONDITIONAL LICENSING AGREEMENT THAT IMPOSES ADDITIONAL
CONDITIONS ON THE SALE AND SERVICE OF ALCOHOL AT THAT
LOCATION, THE PENNSYLVANIA LIQUOR CONTROL BOARD MAY IN
ITS DISCRETION WAIVE SOME OR ALL OF THOSE CONDITIONS
WHILE THE PERMIT IS IN EFFECT.
(V) NO SALES FOR OFF-PREMISES CONSUMPTION MAY OCCUR
UNLESS THE PREMISES IS ALREADY LICENSED BY THE
PENNSYLVANIA LIQUOR CONTROL BOARD. IN THOSE CASES, SALES
FOR OFF-PREMISES CONSUMPTION SHALL BE SUBJECT TO THE SAME
RIGHTS AND RESTRICTIONS AS ARE IMPOSED ON THE UNDERLYING
LICENSE.
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(4) A COPY OF EACH APPROVED PERMIT SHALL BE MADE
AVAILABLE TO THE PUBLIC ON THE PENNSYLVANIA LIQUOR CONTROL
BOARD'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(5) THIS SECTION SHALL EXPIRE ON JULY 29, 2016, AND NO
PERMIT SHALL REMAIN IN EFFECT AFTER THAT DATE.
SUBARTICLE C
STATE GOVERNMENT SUPPORT AGENCIES
SECTION 1761-B. HEALTH CARE COST CONTAINMENT COUNCIL
(RESERVED).
SECTION 1762-B. STATE ETHICS COMMISSION (RESERVED).
SECTION 1763-B. LEGISLATIVE REFERENCE BUREAU (RESERVED).
SECTION 1764-B. LEGISLATIVE BUDGET AND FINANCE COMMITTEE
(RESERVED).
SECTION 1765-B. LEGISLATIVE DATA PROCESSING COMMITTEE
(RESERVED).
SECTION 1766-B. JOINT STATE GOVERNMENT COMMISSION (RESERVED).
SECTION 1767-B. JOINT LEGISLATIVE AIR AND WATER POLLUTION
CONTROL AND CONSERVATION COMMITTEE (RESERVED).
SECTION 1768-B. LEGISLATIVE AUDIT ADVISORY COMMISSION
(RESERVED).
SECTION 1769-B. INDEPENDENT REGULATORY REVIEW COMMISSION
(RESERVED).
SECTION 1770-B. CAPITOL PRESERVATION COMMITTEE (RESERVED).
SECTION 1771-B. PENNSYLVANIA COMMISSION ON SENTENCING
(RESERVED).
SECTION 1772-B. CENTER FOR RURAL PENNSYLVANIA (RESERVED).
SECTION 1773-B. COMMONWEALTH MAIL PROCESSING CENTER (RESERVED).
SECTION 1774-B. TRANSFERS (RESERVED).
SUBARTICLE D
JUDICIAL DEPARTMENT
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SECTION 1781-B. SUPREME COURT (RESERVED).
SECTION 1782-B. SUPERIOR COURT (RESERVED).
SECTION 1783-B. COMMONWEALTH COURT (RESERVED).
SECTION 1784-B. COURTS OF COMMON PLEAS (RESERVED).
SECTION 1785-B. COMMUNITY COURTS; MAGISTERIAL DISTRICT JUDGES
(RESERVED).
SECTION 1786-B. PHILADELPHIA TRAFFIC COURT (RESERVED).
SECTION 1787-B. PHILADELPHIA MUNICIPAL COURT (RESERVED).
SECTION 1788-B. JUDICIAL CONDUCT BOARD (RESERVED).
SECTION 1789-B. COURT OF JUDICIAL DISCIPLINE (RESERVED).
SECTION 1790-B. JUROR COST REIMBURSEMENT (RESERVED).
SECTION 1791-B. COUNTY COURT REIMBURSEMENT (RESERVED).
SECTION 1792-B. SENIOR JUDGES (RESERVED).
SECTION 1793-B. TRANSFER OF FUNDS BY SUPREME COURT (RESERVED).
SUBARTICLE E
GENERAL ASSEMBLY
(RESERVED)
ARTICLE XVII-C
2016-2017 RESTRICTIONS ON APPROPRIATIONS
FOR FUNDS AND ACCOUNTS
SECTION 1701 -C . APPLICABILITY.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE
APPLIES TO THE ACT OF , 2016 (P.L. , NO. ),
KNOWN AS THE GENERAL APPROPRIATION ACT OF 2016, AND ALL OTHER
APPROPRIATION ACTS OF 2016.
SECTION 1702 -C . STATE LOTTERY FUND.
THE FOLLOWING APPLY:
(1) FUNDS APPROPRIATED FOR PENNCARE SHALL NOT BE
UTILIZED FOR ADMINISTRATIVE COSTS BY THE DEPARTMENT OF AGING.
(2) (RESERVED).
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SECTION 1703 -C . TOBACCO SETTLEMENT FUND (RESERVED).
SECTION 1704 -C . JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT
(RESERVED).
SECTION 1705 -C . EMERGENCY MEDICAL SERVICES OPERATING FUND
(RESERVED).
SECTION 1706 -C . THE STATE STORES FUND (RESERVED).
SECTION 1707 -C . MOTOR LICENSE FUND (RESERVED).
SECTION 1708-C. AVIATION RESTRICTED ACCOUNT (RESERVED).
SECTION 1709 -C . HAZARDOUS MATERIAL RESPONSE FUND (RESERVED).
SECTION 1710 -C . MILK MARKETING FUND (RESERVED).
SECTION 1711 -C . HOME INVESTMENT TRUST FUND (RESERVED).
SECTION 1712 -C . TUITION ACCOUNT GUARANTEED SAVINGS PROGRAM FUND
(RESERVED).
SECTION 1713 -C . BANKING FUND (RESERVED).
SECTION 1714 -C . FIREARM RECORDS CHECK FUND (RESERVED).
SECTION 1715 -C . BEN FRANKLIN TECHNOLOGY DEVELOPMENT AUTHORITY
FUND (RESERVED).
SECTION 1716 -C . OIL AND GAS LEASE FUND (RESERVED).
SECTION 1717-C. HOME IMPROVEMENT ACCOUNT (RESERVED).
SECTION 1718-C. CIGARETTE FIRE SAFETY AND FIREFIGHTER
PROTECTION ACT ENFORCEMENT FUND (RESERVED).
SECTION 1719-C. INSURANCE REGULATION AND OVERSIGHT FUND
(RESERVED).
SECTION 1720-C. PENNSYLVANIA RACEHORSE DEVELOPMENT RESTRICTED
RECEIPT ACCOUNT (RESERVED).
SECTION 1721-C. JUSTICE REINVESTMENT FUND (RESERVED).
SECTION 1722-C. MULTIMODAL TRANSPORTATION FUND (RESERVED).
SECTION 1723-C. STATE RACING FUND (RESERVED).
SECTION 1724-C. ABLE SAVINGS PROGRAM FUND (RESERVED).
SECTION 1725 -C . RESTRICTED RECEIPT ACCOUNTS.
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(A) GENERAL PROVISIONS.--THE SECRETARY MAY CREATE RESTRICTED
RECEIPT ACCOUNTS FOR THE PURPOSE OF ADMINISTERING FEDERAL GRANTS
ONLY FOR THE PURPOSES DESIGNATED IN THIS SECTION.
(B) DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT.--THE
FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT:
(1) ARC HOUSING REVOLVING LOAN PROGRAM.
(2) (RESERVED).
(C) DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.--THE
FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE
DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES:
(1) FEDERAL AID TO VOLUNTEER FIRE COMPANIES.
(2) LAND AND WATER CONSERVATION FUND ACT OF 1965 (PUBLIC
LAW 88-578, 16 U.S.C. ยง 460L-4 ET SEQ.).
(3) NATIONAL FOREST RESERVE ALLOTMENT.
(D) DEPARTMENT OF EDUCATION.--THE FOLLOWING RESTRICTED
RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF
EDUCATION:
(1) EDUCATION OF THE DISABLED - PART C.
(2) LSTA - LIBRARY GRANTS.
(3) THE PENNSYLVANIA STATE UNIVERSITY FEDERAL AID.
(4) EMERGENCY IMMIGRATION EDUCATION ASSISTANCE.
(5) EDUCATION OF THE DISABLED - PART D.
(6) HOMELESS ADULT ASSISTANCE PROGRAM.
(7) SEVERELY HANDICAPPED.
(8) MEDICAL ASSISTANCE REIMBURSEMENTS TO LOCAL EDUCATION
AGENCIES.
(E) DEPARTMENT OF ENVIRONMENTAL PROTECTION.--THE FOLLOWING
RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION:
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(1) FEDERAL WATER RESOURCES PLANNING ACT.
(2) FLOOD CONTROL PAYMENTS.
(3) SOIL AND WATER CONSERVATION ACT - INVENTORY OF
PROGRAMS.
(F) DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS.--THE FOLLOWING
RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE
DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS:
(1) SHARE LOAN PROGRAM.
(2) (RESERVED).
(G) DEPARTMENT OF TRANSPORTATION.--THE FOLLOWING RESTRICTED
RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF
TRANSPORTATION:
(1) CAPITAL ASSISTANCE ELDERLY AND HANDICAPPED PROGRAMS.
(2) RAILROAD REHABILITATION AND IMPROVEMENT ASSISTANCE.
(3) RIDESHARING/VAN POOL PROGRAM - ACQUISITION.
(H) PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.--THE FOLLOWING
RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE
PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY:
(1) RECEIPTS FROM FEDERAL GOVERNMENT - DISASTER RELIEF -
DISASTER RELIEF ASSISTANCE TO STATE AND POLITICAL
SUBDIVISIONS.
(2) (RESERVED).
(I) PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION.--THE
FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE
PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION:
(1) FEDERAL GRANT - NATIONAL HISTORIC PRESERVATION ACT.
(2) (RESERVED).
(J) EXECUTIVE OFFICES.--THE FOLLOWING RESTRICTED RECEIPT
ACCOUNTS MAY BE ESTABLISHED FOR THE EXECUTIVE OFFICES:
(1) RETIRED EMPLOYEES MEDICARE PART D.
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(2) JUSTICE ASSISTANCE.
(3) JUVENILE ACCOUNTABILITY INCENTIVE.
(4) EARLY RETIREE REINSURANCE PROGRAM.
SECTION 1726-C. FUND TRANSFERS.
THE FOLLOWING SHALL APPLY:
(1) FROM FUNDS DEPOSITED IN THE ALTERNATIVE FUELS
INCENTIVE FUND, $5,000,000 SHALL BE TRANSFERRED INTO THE
GENERAL FUND.
(2) FROM FUNDS AVAILABLE FOR LOCAL LAW ENFORCEMENT BLOCK
GRANTS IN 4 PA.C.S. (RELATING TO AMUSEMENTS), $2,000,000
SHALL BE TRANSFERRED INTO THE GENERAL FUND.
(3) FROM FUNDS DEPOSITED IN THE RECYCLING FUND,
$9,000,000 SHALL BE TRANSFERRED INTO THE GENERAL FUND.
(4) FROM FUNDS DEPOSITED IN THE TOBACCO SETTLEMENT FUND
UNDER THIS ACT THAT ARE NOT AN ANNUAL PAYMENT OR A STRATEGIC
CONTRIBUTION PAYMENT, $28,500,000 SHALL BE TRANSFERRED INTO
THE GENERAL FUND.
(5) FROM FUNDS DEPOSITED IN THE VOLUNTEER COMPANIES LOAN
FUND, $9,000,000 SHALL BE TRANSFERRED INTO THE GENERAL FUND.
(6) NOTWITHSTANDING SUBCH. C OF THE ACT OF MARCH 20,
2002 (P.L.154, NO.13), KNOWN AS THE MEDICAL CARE AVAILABILITY
AND REDUCTION OF ERROR (MCARE) ACT, THE SUM OF $200,000,000
SHALL BE TRANSFERRED FROM THE UNAPPROPRIATED SURPLUS OF THE
PENNSYLVANIA PROFESSIONAL LIABILITY JOINT UNDERWRITING
ASSOCIATION TO THE GENERAL FUND. THE SUM TRANSFERRED UNDER
THIS SECTION SHALL BE REPAID TO THE PENNSYLVANIA PROFESSIONAL
LIABILITY JOINT UNDERWRITING ASSOCIATION OVER A FIVE-YEAR
PERIOD COMMENCING JULY 1, 2018. AN ANNUAL PAYMENT AMOUNT
SHALL BE INCLUDED IN THE BUDGET SUBMISSION REQUIRED UNDER
SECTION 613 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
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KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
(7) FROM FUNDS AVAILABLE IN AN ACCOUNT ESTABLISHED FOR
THE BUILDING PENNSYLVANIA PROGRAM ESTABLISHED UNDER 64
PA.C.S. ยง 1555 (RELATING TO BUILDING PENNSYLVANIA PROGRAM),
$12,000,000 SHALL BE TRANSFERRED INTO THE GENERAL FUND.
SECTION 19. SECTION 1712-E(C) OF THE ACT, AMENDED JUNE 30,
2011 (P.L.159, NO.26), IS AMENDED TO READ:
SECTION 1712-E. EXECUTIVE OFFICES.
* * *
(C) TREASURY OFFSET PROGRAM.--
(1) THE OFFICE OF THE BUDGET IS AUTHORIZED TO ENTER INTO
AN AGREEMENT WITH THE UNITED STATES TO PARTICIPATE IN THE
TREASURY OFFSET PROGRAM UNDER 31 U.S.C. ยง 3716 (RELATING TO
ADMINISTRATIVE OFFSET) FOR THE COLLECTION OF ANY DEBTS OWED
TO COMMONWEALTH AGENCIES. THE AGREEMENT MAY PROVIDE FOR THE
UNITED STATES TO SUBMIT DEBTS OWED TO FEDERAL AGENCIES FOR
OFFSET AGAINST COMMONWEALTH PAYMENTS AND PROVIDE FOR THE
COMMONWEALTH TO SUBMIT DEBTS OWED TO COMMONWEALTH AGENCIES
FOR OFFSET AGAINST FEDERAL PAYMENTS.
(2) THE TREASURER OF THE UNITED STATES SHALL REDUCE ANY
COMMONWEALTH PAYMENT BY THE AMOUNT OF ANY FEDERAL DEBT
SUBMITTED IN ACCORDANCE WITH THE AGREEMENT AUTHORIZED BY THIS
SUBSECTION AND PAY THE AMOUNT TO THE APPROPRIATE FEDERAL
OFFICIAL IN ACCORDANCE WITH THE PROCEDURES SPECIFIED IN THE
AGREEMENT.
(3) WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS
PARAGRAPH, THE OFFICE OF THE BUDGET SHALL BEGIN DISCUSSIONS
WITH THE UNITED STATES DEPARTMENT OF THE TREASURY, BUREAU OF
THE FISCAL SERVICE TO ESTABLISH A RECIPROCAL OFFSET AGREEMENT
UNDER PARAGRAPHS (1) AND (2).
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SECTION 19.1. SECTION 1724.1-E OF THE ACT, AMENDED APRIL 25,
2016 (P.L.168, NO.25), IS AMENDED TO READ:
SECTION 1724.1-E. PENNSYLVANIA GAMING CONTROL BOARD.
(A) NOTWITHSTANDING 4 PA.C.S. PT. II (RELATING TO GAMING) OR
ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PAYMENT OF A
SLOT MACHINE LICENSE FEE UNDER 4 PA.C.S. ยง 1209 (RELATING TO
SLOT MACHINE LICENSE FEE) RECEIVED BY THE PENNSYLVANIA GAMING
CONTROL BOARD AFTER JUNE 30, 2014, SHALL BE DEPOSITED IN AND
CREDITED TO THE GENERAL FUND.
(B) NOTWITHSTANDING 4 PA.C.S. PT. II OR ANY OTHER PROVISION
OF LAW TO THE CONTRARY, FOR ANY SLOT MACHINE LICENSE ISSUED IN
THE 2016-2017 FISCAL YEAR THE PENNSYLVANIA GAMING CONTROL BOARD
SHALL REQUIRE THE SLOT MACHINE LICENSE FEE UNDER SUBSECTION (A)
AND THE FEE UNDER 4 PA.C.S. ยง 13A61 (RELATING TO TABLE GAME
AUTHORIZATION FEE) TO BE PAID IN FULL NO LATER THAN JUNE 30,
2017.
SECTION 20. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1753.1-E. COMMONWEALTH FINANCING AUTHORITY RESTRICTED
REVENUE ACCOUNT.
THERE IS ESTABLISHED A RESTRICTED REVENUE ACCOUNT WITHIN THE
GENERAL FUND FOR THE PURPOSE OF MAKING PRINCIPAL AND INTEREST
PAYMENTS COMING DUE IN EACH FISCAL YEAR, BEGINNING JULY 1, 2016,
OR THEREAFTER, FOR OUTSTANDING INDEBTEDNESS OF THE COMMONWEALTH
FINANCING AUTHORITY. THE STATE TREASURER, UPON CONSULTATION WITH
THE SECRETARY OF THE BUDGET, SHALL TRANSFER FROM THE GENERAL
REVENUES OF THE COMMONWEALTH COLLECTED UNDER ARTICLE II OF THE
ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE
OF 1971, TO THE RESTRICTED REVENUE ACCOUNT SUCH AMOUNTS, AS MAY
BE NECESSARY, TO MAKE PAYMENT FOR PRINCIPAL AND INTEREST
OBLIGATIONS. THE STATE TREASURER AND THE SECRETARY OF THE BUDGET
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SHALL CONSIDER THE TIMING OF PRINCIPAL AND INTEREST PAYMENTS AND
GENERAL FUND CASH FLOW WHEN DETERMINING TRANSFER AMOUNTS.
TRANSFER OF GENERAL REVENUES UNDER THIS SECTION SHALL NOT EXCEED
THE AMOUNT CERTIFIED UNDER 64 PA.C.S. ยง 1543(E) (RELATING TO
INDEBTEDNESS).
SECTION 1798.1-E. FEDERAL AND COMMONWEALTH USE OF FOREST LAND.
(A) SCOPE.--THIS SECTION APPLIES TO THE FOLLOWING:
(1) REAL PROPERTY ACQUIRED FOR FOREST RESERVES BY:
(I) THE FEDERAL GOVERNMENT; OR
(II) THE COMMONWEALTH.
(2) TAX-EXEMPT REAL PROPERTY ACQUIRED BY THE FEDERAL
GOVERNMENT OR BY THE COMMONWEALTH FOR THE PURPOSE OF
PRESERVING, PERPETUATING AND MAINTAINING ANY PORTION OF THE
ORIGINAL FORESTS OF THIS COMMONWEALTH AS PUBLIC PLACES AND
PARKS.
(3) REAL PROPERTY:
(I) WHICH IS ACQUIRED FOR THE PURPOSE OF
CONSERVATION OF WATER OR THE PREVENTION OF FLOOD
CONDITIONS; AND
(II) UPON WHICH THERE IS AN IMPOSED TAX PAYABLE BY
THE COMMONWEALTH.
(B) CHARGE.--
(1) FOR LAND OWNED BY THE DEPARTMENT OF CONSERVATION AND
NATURAL RESOURCES, SUBJECT TO SUBSECTION (C), REAL PROPERTY
UNDER SUBSECTION (A) SHALL BE SUBJECT TO AN ANNUAL CHARGE OF:
(I) $2.00 PER ACRE FOR THE BENEFIT OF EACH COUNTY
WHERE THE REAL PROPERTY IS LOCATED;
(II) $2.00 PER ACRE FOR THE BENEFIT OF THE SCHOOLS
IN EACH SCHOOL DISTRICT WHERE THE REAL PROPERTY IS
LOCATED; AND
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(III) $2.00 PER ACRE FOR THE BENEFIT OF THE TOWNSHIP
WHERE THE REAL PROPERTY IS LOCATED.
(2) FOR LAND OWNED BY THE THE PENNSYLVANIA GAME
COMMISSION OR THE PENNSYLVANIA FISH AND BOAT COMMISSION:
(I) $1.20 PER ACRE FOR THE BENEFIT OF EACH COUNTY
WHERE THE REAL PROPERTY IS LOCATED;
(II) $1.20 PER ACRE FOR THE BENEFIT OF THE SCHOOLS
IN EACH SCHOOL DISTRICT WHERE THE REAL PROPERTY IS
LOCATED; AND
(III) $1.20 PER ACRE FOR THE BENEFIT OF THE TOWNSHIP
WHERE THE REAL PROPERTY IS LOCATED.
(3) SUBJECT TO SUBSECTION (F), THE CHARGE UNDER
PARAGRAPH (1) SHALL BE PAYABLE BY THE COMMONWEALTH BEFORE
SEPTEMBER 2.
(C) DURATION.--
(1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE ANNUAL
CHARGE PAYABLE BY THE COMMONWEALTH ON REAL PROPERTY UNDER
SUBSECTION (A)(1)(I) SHALL CONTINUE ONLY UNTIL THE RECEIPT OF
MONEY BY TREASURERS AND TOWNSHIP SUPERVISORS OF THE POLITICAL
SUBDIVISIONS UNDER SUBSECTION (B)(1), IN ACCORDANCE WITH THE
ACT OF APRIL 27, 1925 (P.L.324, NO.185), ENTITLED "AN ACT FOR
THE DISTRIBUTION BY THE COMMONWEALTH AND COUNTIES TO
TOWNSHIPS AND SCHOOL DISTRICTS OF MONEYS RECEIVED FROM THE
UNITED STATES FROM FOREST RESERVES WITHIN THE COMMONWEALTH,"
EQUALS OR EXCEEDS THE AMOUNT PAID BY THE COMMONWEALTH IN LIEU
OF TAXES.
(2) PARAGRAPH (1) DOES NOT APPLY TO:
(I) THE ANNUAL CHARGE PER ACRE FOR THE BENEFIT OF
THE COUNTY WHERE REAL PROPERTY UNDER SUBSECTION (A)(1)(I)
IS LOCATED FOR CALENDAR YEARS 1953, 1954, 1955 AND 1956;
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AND
(II) $0.025 OF THE ANNUAL CHARGE PER ACRE FOR THE
BENEFIT OF THE COUNTY WHERE THE REAL PROPERTY UNDER
SUBSECTION (A)(1)(I) IS LOCATED FOR EACH YEAR AFTER 1956.
(3) THE COMMONWEALTH SHALL ANNUALLY PAY THE CHARGES
EXEMPTED UNDER PARAGRAPH (2).
(D) CERTIFICATION.--UPON APPLICATION OF THE TREASURER OR
TOWNSHIP SUPERVISOR, THE SECRETARY OF CONSERVATION AND NATURAL
RESOURCES SHALL CERTIFY TO THE RESPECTIVE COUNTIES, SCHOOL
DISTRICTS AND TOWNSHIPS WHERE REAL PROPERTY UNDER SUBSECTION (A)
IS LOCATED AND TO THE STATE TREASURER:
(1) THE NUMBER OF ACRES OWNED BY THE FEDERAL GOVERNMENT
AND BY THE COMMONWEALTH IN THE POLITICAL SUBDIVISION; AND
(2) THE CHARGE AGAINST THE REAL PROPERTY.
(E) PAYMENT.--THE STATE TREASURER SHALL PAY TO POLITICAL
SUBDIVISIONS UNDER SUBSECTION (D) THE AMOUNT DUE UNDER
SUBSECTION (B) UPON:
(1) REQUISITION OF THE SECRETARY OF CONSERVATION AND
NATURAL RESOURCES; AND
(2) APPLICATION BY THE APPROPRIATE TREASURER OR TOWNSHIP
SUPERVISORS.
(F) SOURCE OF PAYMENT.--FOR REAL PROPERTY OWNED BY THE
DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, THE
PENNSYLVANIA GAME COMMISSION OR THE PENNSYLVANIA FISH AND BOAT
COMMISSION, OF THE CHARGE PER ACRE UNDER SUBSECTION (B):
(1) $2.40 SHALL BE PAID FROM MONEY AVAILABLE UNDER 4
PA.C.S. ยง 1403 (RELATING TO ESTABLISHMENT OF STATE GAMING
FUND AND NET SLOT MACHINE REVENUE DISTRIBUTION); AND
(2) THE REMAINDER SHALL BE PAID BY THE COMMONWEALTH
AGENCY WHICH OWNS THE PROPERTY.
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SECTION 1798.2-E. MOTOR LICENSE FUND.
AN APPROPRIATION FROM THE MOTOR LICENSE FUND TO THE
PENNSYLVANIA STATE POLICE IS RESTRICTED AS FOLLOWS:
(1) FOR FISCAL YEAR 2017-2018, THE TOTAL AMOUNT OF THE
APPROPRIATION SHALL NOT EXCEED THE TOTAL AMOUNT APPROPRIATED
FOR THE SAME PURPOSE IN FISCAL YEAR 2016-2017.
(2) FOR FISCAL YEAR 2018-2019, THE TOTAL AMOUNT OF THE
APPROPRIATION SHALL NOT EXCEED 96% OF THE TOTAL AMOUNT
APPROPRIATED FOR THE SAME PURPOSE IN FISCAL YEAR 2016-2017.
(3) FOR FISCAL YEAR 2019-2020, THE TOTAL AMOUNT OF THE
APPROPRIATION SHALL NOT EXCEED 92% OF THE TOTAL AMOUNT
APPROPRIATED FOR THE SAME PURPOSE IN FISCAL YEAR 2016-2017.
(4) FOR FISCAL YEAR 2020-2021, THE TOTAL AMOUNT OF THE
APPROPRIATION SHALL NOT EXCEED 88% OF THE TOTAL AMOUNT
APPROPRIATED FOR THE SAME PURPOSE IN FISCAL YEAR 2016-2017.
(5) FOR FISCAL YEAR 2021-2022, THE TOTAL AMOUNT OF THE
APPROPRIATION SHALL NOT EXCEED 84% OF THE TOTAL AMOUNT
APPROPRIATED FOR THE SAME PURPOSE IN FISCAL YEAR 2016-2017.
(6) FOR FISCAL YEAR 2022-2023, THE TOTAL AMOUNT OF THE
APPROPRIATION SHALL NOT EXCEED 80% OF THE TOTAL AMOUNT
APPROPRIATED FOR THE SAME PURPOSE IN FISCAL YEAR 2016-2017.
(7) FOR FISCAL YEAR 2023-2024, THE TOTAL AMOUNT OF THE
APPROPRIATION SHALL NOT EXCEED 76% OF THE TOTAL AMOUNT
APPROPRIATED FOR THE SAME PURPOSE IN FISCAL YEAR 2016-2017.
(8) FOR FISCAL YEAR 2024-2025, THE TOTAL AMOUNT OF THE
APPROPRIATION SHALL NOT EXCEED 72% OF THE TOTAL AMOUNT
APPROPRIATED FOR THE SAME PURPOSE IN FISCAL YEAR 2016-2017.
(9) FOR FISCAL YEAR 2025-2026, THE TOTAL AMOUNT OF THE
APPROPRIATION SHALL NOT EXCEED 68% OF THE TOTAL AMOUNT
APPROPRIATED FOR THE SAME PURPOSE IN FISCAL YEAR 2016-2017.
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(10) FOR FISCAL YEAR 2026-2027, THE TOTAL AMOUNT OF THE
APPROPRIATION SHALL NOT EXCEED 64% OF THE TOTAL AMOUNT
APPROPRIATED FOR THE SAME PURPOSE IN FISCAL YEAR 2016-2017.
(11) FOR FISCAL YEAR 2027-2028 AND EACH FISCAL YEAR
THEREAFTER, THE TOTAL AMOUNT OF THE APPROPRIATION SHALL NOT
EXCEED THE GREATER OF:
(I) $500,000,000; OR
(II) 60% OF THE TOTAL AMOUNT APPROPRIATED FOR THE
SAME PURPOSE IN FISCAL YEAR 2016-2017.
SECTION 1799.2-E. PENNSYLVANIA LIQUOR CONTROL BOARD PROCEDURE.
NOTWITHSTANDING THE PROVISIONS OF SECTION 305 OF THE ACT OF
APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, THE
PENNSYLVANIA LIQUOR CONTROL BOARD MAY IMPLEMENT A PROCEDURE FOR
PROCESSING SPECIAL ORDERS WHICH DO NOT COME TO REST AT A STORE
BY JUNE 1, 2017.
SECTION 1799.3-E. RESTAURANT LIQUOR LICENSE AUCTION.
IN ORDER TO ENCOURAGE THE AUCTIONING OF LICENSES UNDER
SECTION 470.3 OF THE ACT OF APRIL 12, 1951 (P.L.90, NO.21),
KNOWN AS THE LIQUOR CODE, THE PENNSYLVANIA LIQUOR CONTROL BOARD
SHALL SET THE DATES, TIMES AND REGULATIONS FOR THE AUCTIONING OF
LICENSES.
SECTION 1799.4-E. LIQUOR CODE TERM.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
TERM "BEST SELLING ITEMS" WHEN USED IN THE ACT OF APRIL 12, 1951
(P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, SHALL MEAN THE 150
MOST SOLD BRANDS AND PRODUCT TYPES OF WINE AND THE 150 MOST SOLD
BRANDS AND PRODUCT TYPES OF LIQUOR AS MEASURED BY THE TOTAL
NUMBER OF UNITS SOLD ON A SIX-MONTH BASIS CALCULATED EVERY
JANUARY 1 AND JULY 1.
SECTION 21. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
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ARTICLE XVII-E.3
GENERAL BUDGET RESTRICTIONS ON APPROPRIATIONS
FOR FUNDS AND ACCOUNTS
SECTION 1701 -E.3 . APPLICABILITY.
THIS ARTICLE APPLIES TO APPROPRIATIONS FROM EVERY GENERAL
APPROPRIATION ACT.
SECTION 1702 -E.3 . STATE LOTTERY FUND (RESERVED).
SECTION 1703 -E.3 . TOBACCO SETTLEMENT FUND (RESERVED).
SECTION 1704 -E.3 . JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT
(RESERVED).
SECTION 1705 -E.3 . EMERGENCY MEDICAL SERVICES OPERATING FUND
(RESERVED).
SECTION 1706 -E.3 . THE STATE STORES FUND (RESERVED).
SECTION 1707 -E.3 . MOTOR LICENSE FUND (RESERVED).
SECTION 1708-E.3. AVIATION RESTRICTED ACCOUNT (RESERVED).
SECTION 1709 -E.3 . HAZARDOUS MATERIAL RESPONSE FUND (RESERVED).
SECTION 1710 -E.3 . MILK MARKETING FUND (RESERVED).
SECTION 1711 -E.3 . HOME INVESTMENT TRUST FUND (RESERVED).
SECTION 1712 -E.3 . TUITION ACCOUNT GUARANTEED SAVINGS PROGRAM
FUND (RESERVED).
SECTION 1713 -E.3 . BANKING FUND (RESERVED).
SECTION 1714 -E.3 . FIREARM RECORDS CHECK FUND (RESERVED).
SECTION 1715 -E.3 . BEN FRANKLIN TECHNOLOGY DEVELOPMENT AUTHORITY
FUND (RESERVED).
SECTION 1716 -E.3 . OIL AND GAS LEASE FUND (RESERVED).
SECTION 1717-E.3. HOME IMPROVEMENT ACCOUNT (RESERVED).
SECTION 1718-E.3. CIGARETTE FIRE SAFETY AND FIREFIGHTER
PROTECTION ACT ENFORCEMENT FUND (RESERVED).
SECTION 1719-E.3. INSURANCE REGULATION AND OVERSIGHT FUND
(RESERVED).
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SECTION 1720-E.3. PENNSYLVANIA RACEHORSE DEVELOPMENT RESTRICTED
RECEIPT ACCOUNT (RESERVED).
SECTION 1721-E.3. JUSTICE REINVESTMENT FUND (RESERVED).
SECTION 1722-E.3. MULTIMODAL TRANSPORTATION FUND (RESERVED).
SECTION 1723-E.3. STATE RACING FUND (RESERVED).
SECTION 1724-E.3. ABLE SAVINGS PROGRAM FUND (RESERVED).
ARTICLE XVII-E.4
SCHOOL DISTRICT INTERCEPTS FOR
THE PAYMENT OF DEBT SERVICE DURING BUDGET IMPASSE
SECTION 1701-E.4. SCOPE.
THIS ARTICLE APPLIES TO THE INTERCEPT OF SUBSIDY PAYMENTS BY
THE DEPARTMENT OR THE SECRETARY FROM A SCHOOL DISTRICT SUBJECT
TO AN INTERCEPT STATUTE OR AN INTERCEPT AGREEMENT IN THE EVENT
OF A BUDGET IMPASSE IN ANY FISCAL YEAR.
SECTION 1702-E.4. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"INTERCEPT AGREEMENTS." AGREEMENTS ENTERED INTO UNDER THE
AUTHORITY OF SECTION 633, 785 OR 790 OF THE ACT OF MARCH 10,
1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
OR 53 PA.C.S. ยง 8125(B) (RELATING TO SECURITY FOR TAX
ANTICIPATION NOTES AND SINKING FUND), AS APPLICABLE.
"INTERCEPT STATUTES." SECTION 633, 785 OR 790 OF THE ACT OF
MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE
OF 1949, OR 53 PA.C.S. ยง 8125(B) (RELATING TO SECURITY FOR TAX
ANTICIPATION NOTES AND SINKING FUND), AS APPLICABLE.
"SECRETARY." THE SECRETARY OF EDUCATION OF THE COMMONWEALTH.
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SECTION 1703-E.4. BUDGET IMPASSE.
(A) GENERAL RULE.--THE AMOUNTS AS MAY BE NECESSARY FOR THE
DEPARTMENT OR SECRETARY TO COMPLY WITH THE PROVISIONS OF THE
APPLICABLE INTERCEPT STATUTE OR INTERCEPT AGREEMENT SHALL BE
APPROPRIATED TO THE DEPARTMENT FROM THE GENERAL FUND AFTER THE
DEPARTMENT OR SECRETARY SUBMITS JUSTIFICATION FOR THE
APPROPRIATION TO THE CHAIR AND MINORITY CHAIR OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIR AND
MINORITY CHAIR OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES ALLOWING 10 DAYS FOR THEIR REVIEW AND COMMENT IF
IN ANY FISCAL YEAR:
(1) THE ANNUAL APPROPRIATIONS FOR PAYMENT OF
COMMONWEALTH MONEY TO SCHOOL DISTRICTS HAVE NOT BEEN ENACTED
BY JULY 1 AND CONTINUE TO BE NOT ENACTED WHEN A PAYMENT IS
DUE;
(2) THE CONDITIONS UNDER WHICH THE DEPARTMENT OR THE
SECRETARY MUST COMPLY WITH THE APPLICABLE INTERCEPT STATUTE
OR INTERCEPT AGREEMENT HAVE OCCURRED, THEREBY REQUIRING THE
DEPARTMENT OR THE SECRETARY TO WITHHOLD MONEY FROM PAYMENTS
DUE TO SCHOOL DISTRICTS; AND
(3) THE SECRETARY, IN CONSULTATION WITH THE SECRETARY OF
THE BUDGET, DETERMINES THAT THERE ARE NO PAYMENTS OR
ALLOCATIONS DUE TO BE PAID TO THE SCHOOL DISTRICT FROM WHICH
THE DEPARTMENT OR SECRETARY MAY WITHHOLD MONEY AS REQUIRED BY
THE APPLICABLE INTERCEPT STATUTE OR INTERCEPT AGREEMENT.
(B) ACCOUNTING FOR INTERCEPT PAYMENTS.--UPON ENACTMENT OF
THE ANNUAL APPROPRIATIONS FOR A FISCAL YEAR IN WHICH A BUDGET
IMPASSE OCCURS, AGAINST WHICH THE INTERCEPT STATUTE OR INTERCEPT
AGREEMENT MAY BE APPLIED, THE AMOUNTS EXPENDED BY THE DEPARTMENT
UNDER SUBSECTION (A) SINCE JULY 1 SHALL BE WITHHELD FROM THE
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SHARE OF SUCH APPROPRIATION OR ALLOCATIONS DUE THE SUBJECT
SCHOOL DISTRICT FOR WHICH THE SECRETARY OR THE DEPARTMENT
EXERCISE THEIR POWERS UNDER THE INTERCEPT STATUTE OR INTERCEPT
AGREEMENT.
(C) LOAN DOCUMENTATION.--EACH SCHOOL DISTRICT SUBJECT TO AN
INTERCEPT STATUTE OR INTERCEPT AGREEMENT SHALL DELIVER TO THE
DEPARTMENT, IN SUCH FORMAT AS THE DEPARTMENT MAY DIRECT, A COPY
OF ITS FINAL OFFICIAL STATEMENT OR LOAN DOCUMENTS RELATING TO
THE OBLIGATIONS WITHIN 30 DAYS OF THE DATE THAT IT RECEIVES THE
PROCEEDS OF A BOND OR NOTE, OR THE PRINCIPAL AMOUNT OF A LOAN,
IF THE PROCEEDS OR PRINCIPAL ARE WITHIN THE SCOPE OF THE
APPLICABLE INTERCEPT STATUTE OR INTERCEPT AGREEMENT. LOAN
DOCUMENTATION PROVIDED TO THE DEPARTMENT SHALL INCLUDE A
SCHEDULE OF PRINCIPAL AND INTEREST PAYMENTS. ANY OBLIGATION FOR
WHICH THE DEPARTMENT DOES NOT RECEIVE THE REQUIRED DOCUMENTATION
BY THE REQUIRED TIME SHALL NOT BE SUBJECT TO THE APPLICABLE
INTERCEPT STATUTE OR INTERCEPT AGREEMENT.
SECTION 1704-E.4. INTERCEPT PAYMENTS.
(A) GENERAL RULE.--AN INTERCEPT PAYMENT SHALL BE MADE TO THE
FISCAL AGENT FOR THE OBLIGATIONS AND SHALL BE MADE ON THE DAY
THE SCHEDULED PAYMENT FOR PRINCIPAL AND INTEREST IS DUE.
(B) LIMITATION.--THE TOTAL AMOUNT OF ALL INTERCEPT PAYMENTS
UNDER THIS ARTICLE MAY NOT EXCEED 50% OF THE TOTAL NON-FEDERAL
GENERAL FUND SUBSIDY PAYMENTS MADE TO THE SUBJECT SCHOOL
DISTRICT IN THE PRIOR FISCAL YEAR.
SECTION 1705-E.4. LIMITATION ON APPROPRIATION.
THE APPROPRIATION UNDER SECTION 1703-E.4 SHALL BE LIMITED TO
AVAILABLE CASH BALANCES IN THE GENERAL FUND AT THE TIME OF THE
EXECUTION OF AN INTERCEPT BY THE DEPARTMENT OR THE
SECRETARY. THE COMMONWEALTH MAY NOT ISSUE TAX ANTICIPATION NOTES
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OR ENTER INTO A LOAN AGREEMENT WITH THE TREASURY DEPARTMENT TO
PROVIDE CASH FLOW FOR INTERCEPT PAYMENTS.
SECTION 22. SECTION 1729-L(2)(X) OF THE ACT, REPEALED AND
ADDED APRIL 25, 2016 (P.L.168, NO.25), IS AMENDED TO READ:
SECTION 1729-L. DEPARTMENT OF HUMAN SERVICES.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
DEPARTMENT OF HUMAN SERVICES:
* * *
(2) THE FOLLOWING SHALL APPLY:
* * *
(X) FROM FUNDS APPROPRIATED FOR MEDICAL ASSISTANCE
CAPITATION, NO LESS THAN THE AMOUNT USED IN THE 2014-2015
FISCAL YEAR SHALL BE USED FOR PREVENTION AND TREATMENT OF
DEPRESSION AND ITS COMPLICATIONS IN OLDER PENNSYLVANIANS
IN A COUNTY OF THE SECOND CLASS[, AND SUFFICIENT FUNDS
ARE PROVIDED FOR MANAGED CARE ORGANIZATIONS TO PROVIDE A
$5-PER-HOUR INCREASE IN THE REIMBURSEMENT RATES FOR
PEDIATRIC SHIFT NURSING SERVICES PROVIDED IN A HOME CARE
SETTING EFFECTIVE JANUARY 1, 2016].
* * *
SECTION 23. THE AMENDMENT OF SECTION 1729-L(2)(X) OF THE ACT
SHALL APPLY RETROACTIVELY TO APRIL 25, 2016.
SECTION 24. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SECTION 1798.1-E OF THE ACT.
(2) THE ACT OF MAY 17, 1929 (P.L.1798, NO.591), REFERRED
TO AS THE FOREST RESERVES MUNICIPAL FINANCIAL RELIEF LAW, IS
REPEALED.
(3) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
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PARAGRAPH (4) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SECTION 1799.3-E OF THE ACT.
(4) SECTION 470.3(C), (D) AND (E) OF THE ACT OF APRIL
12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, ARE
REPEALED.
(5) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (6) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SECTION 1603-K OF THE ACT.
(6) 64 PA.C.S. ยง 1551(G)(2) IS REPEALED.
SECTION 25. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE AMENDMENT OR ADDITION OF THE FOLLOWING
PROVISIONS OF THE ACT SHALL TAKE EFFECT IN 60 DAYS:
(I) SECTION 1301.8.
(II) SECTION 1301.10A.
(III) SECTION 1301.11A.
(IV) SECTION 1301.12.
(2) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT JULY 1,
2017:
(I) THE ADDITION OF 1798.1-E OF THE ACT.
(II) SECTION 24(1) AND (2) OF THIS ACT.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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