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PRINTER'S NO. 1233
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1001
Session of
2015
INTRODUCED BY BROWNE, CORMAN AND SCARNATI, SEPTEMBER 15, 2015
REFERRED TO APPROPRIATIONS, SEPTEMBER 15, 2015
AN ACT
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 special funds, further providing for
funding, for State Workers' Insurance Board and for
expiration; in the Tobacco Settlement Fund, further providing
for use; in the Pennsylvania Race Horse Development Fund,
further providing for distribution; in general budget
implementation, further providing for the Department of
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Community and Economic Development and for the Pennsylvania
State Police; providing for 2015-2016 budget implementation
and for 2015-2016 restrictions on appropriations for funds
and accounts; and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The General Assembly finds and declares as
follows:
(1) The intent of this act is to provide interim funding
for fiscal year 2015-2016 in order to minimize disruptions to
services and programs in the Commonwealth.
(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
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
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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 interim funding for fiscal
year 2015-2016.
(7) Every provision of this act relates to the
implementation of an operating budget for the Commonwealth,
addressing in various ways the fiscal operations, revenues
and potential liabilities of the Commonwealth. To that end,
this act is intended to implement interim funding without
specifically appropriating public money from the General
Fund. This act provides accountability for spending and makes
any 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 , 2015 (P.L.,
No. A), known as the General Appropriation Act of 2015.
Section 2. Section 1702-A of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code, amended July 10,
2014 (P.L.1053, No.126), is amended to read:
Section 1702-A. Funding.
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(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
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
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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) Notwithstanding subparagraph (i), no amount
of the surplus in the General Fund for fiscal year 2014-
2015 may be deposited into the Budget Stabilization
Reserve Fund.
(2) If, at the end of any fiscal year, the ending
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 3. The heading of Subarticle D of Article XVII-A of
the act, reenacted June 30, 2011 (P.L.159, No.26), is reenacted
to read:
SUBARTICLE D
INVESTMENTS
Section 4. Sections 1731-A and 1732-A of the act, reenacted
and amended June 30, 2011 (P.L.159, No.26), are reenacted and
amended 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
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30, 1965 (P.L.847, No.356), known as the Banking Code of 1965,
[section 922 of the act of December 14, 1967 (P.L.746, No.345),
known as the Savings Association Code of 1967,] 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:
(1) Investments in equities may not exceed the lesser
of:
(i) 15% of the State Workers' Insurance Fund's
assets; or
(ii) the State Workers' Insurance Fund's statutory
surplus after discount, except that, notwithstanding the
statutory surplus, the State Workers' Insurance Fund is
authorized to invest up to 7 1/2% of the book value of
its assets in equities.
(1.1) Investments in equities shall be made subject to
the prudent investor rule as provided for under 20 Pa.C.S. ยง
7203 (relating to prudent investor rule).
(2) The State Workers' Insurance Board shall establish a
policy for investments and shall meet at least annually to
develop a schedule for rebalancing its investments in
securities to meet the restriction of paragraph (1).
Section 1732-A. Expiration.
This subarticle shall expire June 30, [2015] 2018.
Section 5. Sections 1713-A.1 and 1723-A.1 of the act,
amended July 10, 2014 (P.L.1053, No.126), are amended to read:
Section 1713-A.1. Use of fund.
(a) Annual report.--The Governor shall report on the fund in
the annual budget which shall include the amounts appropriated
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to each program.
(b) Appropriations.--
(1) Except as otherwise provided in paragraphs (1.1)[,
(1.2) and (1.3)] through (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
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.
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(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 [hundreths] 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
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
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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, money in the fund from
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.
(1.5) For fiscal year 2015-2016, the General Assembly
appropriates money in the fund in accordance with the
following percentages based on the annual payment received
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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.
(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.
(c) Lapses.--Lapses shall remain in the fund except that
lapses from money provided for the home and community-based care
services shall be reallocated to the home and community-based
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care program for use in succeeding years.
(d) Lobbying restrictions.--No money derived from
appropriations made by the General Assembly from the fund may be
used for the lobbying of any State public official.
(f) Allocation of local program funding.--
(1) Funding for local programs under section 708(b) of
the Tobacco Settlement Act shall be allocated as follows:
(i) Thirty percent of grant funding to primary
contractors for local programs shall be allocated equally
among each of the 67 counties.
(ii) The remaining 70% of the grant funding to
primary contractors for local programs shall be allocated
on a per capita basis of each county with a population
greater than 60,000. The per capita formula shall be
applied only to that portion of the population that is
greater than 60,000 for each county.
(2) Budgets shall be developed by each primary
contractor to reflect service planning and expenditures in
each county. Each primary contractor shall ensure that
services are available to residents of each county and must
expend the allocated funds on a per-county basis pursuant to
paragraph (1) and this paragraph.
(3) The Department of Health shall compile a detailed
annual report of expenditures per county and the specific
programs offered in each region. This report shall be made
available on the Department of Health's publicly available
Internet website within 60 days following the close of each
fiscal year.
(4) During the third quarter of the fiscal year, funds
which have not been spent within a service area may be
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reallocated to support programming in the same region.
(g) Transfer.--The strategic contribution payment received
in fiscal year 2012-2013, and all assets and cash in the Health
Account, shall be transferred to the fund by August 1, 2013.
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
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
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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 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 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. This amount shall be
deposited within five business days of the end of each
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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
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) Beginning October 5, 2015, for fiscal year
2015-2016, each week, $500,000 in the fund shall be
transferred to the account. The transfers shall not
exceed $5,000,000 annually.
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(ii) Each week, the money remaining in the fund
after any transfer under subparagraphs (i) [and], (i.1)
and (i.2) 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. This amount shall be
deposited within five business days of the end of
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each week into a separate account to be established
by each respective horsemen's 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
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Pennsylvania Breeding Fund established in 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 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.
Section 6. Section 1719-E of the act, added July 17, 2007
(P.L.141, No.42), is amended to read:
Section 1719-E. Department of Community and Economic
Development.
(a) General.--The following shall apply to appropriations
for the Department of Community and Economic Development:
(1) No more than 20% of funds appropriated for grants
under the act of May 20, 1949 (P.L.1633, No.493), known as
the Housing and Redevelopment Assistance Law, shall be
allocated to any one political subdivision.
(2) (Reserved).
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(b) City Revitalization and Improvement Zones.--
(1) For purposes of designating and administering a City
Revitalization and Improvement Zone under Article XVIII-C of
the act of March 4, 1971 (P.L.6, No.2), known as the Tax
Reform Code of 1971, a contracting authority shall include an
authority designated by a city and established under the
former act of December 27, 1994 (P.L.1375, No.162), known as
the Third Class County Convention Center Authority Act, or
under Article XXIII(n) or (o) of the act of August 9, 1955
(P.L.323, No.130), known as The County Code.
(2) For purposes of funding a City Revitalization and
Improvement Zone, eligible taxes shall include the hotel
occupancy tax under Part V of Article II of the Tax Reform
Code of 1971.
Section 7. Section 1733-E of the act, amended October 9,
2009 (P.L.537, No.50), is amended to read:
Section 1733-E. Pennsylvania State Police.
The following shall apply to appropriations for the
Pennsylvania State Police:
(1) The Pennsylvania State Police may not close a
barracks until the Pennsylvania State Police conducts a
public hearing and provides 30 days' notice, which shall be
published in the Pennsylvania Bulletin and in at least two
local newspapers.
(2) [(Reserved).] Payments made to municipalities under
53 Pa.C.S. ยง 2170 (relating to reimbursement of expenses)
shall be limited to money available. If money is not
available to make full payments, the Municipal Police
Officers' Education and Training Commission shall make
payments on a pro rata basis.
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Section 8. 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-L and XVII-M of the act, added July 6,
2010 (P.L.279, No.46), are repealed.
Section 9. The act is amended by adding articles to read:
ARTICLE XVII-L
2015-2016 BUDGET IMPLEMENTATION
SUBARTICLE A
PRELIMINARY PROVISIONS
Section 1701-L. Applicability.
Except as specifically provided in this article, this article
applies to the General Appropriation Act and all other
appropriation acts of 2015.
Section 1702-L. Definitions.
(a) 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:
"General Appropriation Act." The act of , 2015 (P.L. ,
No. ), known as the General Appropriation Act of 2015.
"Public School Code of 1949." The act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949.
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"Secretary." The Secretary of the Budget of the
Commonwealth.
(b) Abbreviations.--The following abbreviations when used in
this article shall have the meanings given to them in this
section:
"AIDS." Acquired Immune Deficiency Syndrome.
"ARC." Appalachian Regional Commission.
"ARRA." The American Recovery and Reinvestment Act of 2009
(Public Law 111-5, 123 Stat. 115).
"BG." Block Grant.
"CCDFBG." Child Care and Development Fund Block Grant.
"CSBG." Community Services Block Grant.
"DCSI." Drug Control and Systems Improvement Formula Grant
Program.
"DFSC." The Safe and Drug-Free Schools and Communities Act
(Public Law 107-110, 20 U.S.C. ยง 7101 et seq.).
"DOE." Department of Energy.
"EEOC." Equal Employment Opportunity Commission.
"EPA." Environmental Protection Agency.
"ESEA." The Elementary and Secondary Education Act of 1965
(Public Law 89-10, 20 U.S.C. ยง 6301 et seq.).
"FEMA." Federal Emergency Management Agency.
"FTA." Federal Transit Administration.
"HUD." Department of Housing and Urban Development.
"ID." Intellectual Disability.
"LIHEABG." Low-Income Home Energy Assistance Block Grant.
"LSTA." The Library Services and Technology Act (Public Law
104-208, 20 U.S.C. ยง 9101 et seq.).
"MCHSBG." Maternal and Child Health Services Block Grant.
"MHSBG." Mental Health Services Block Grant.
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"PAFE." Pennsylvania Agricultural Food Exposition.
"PHHSBG." Preventive Health and Health Services Block Grant.
"RSAT." Residential Substance Abuse Treatment.
"SABG." Substance Abuse Block Grant.
"SCDBG." Small Communities Development Block Grant.
"SDA." Service Delivery Area.
"SSBG." Social Services Block Grant.
"TANF." Temporary Assistance for Needy Families.
"TANFBG." Temporary Assistance for Needy Families Block
Grant.
"TEFAP." Temporary Emergency Food Assistance Program.
"WIA." The Workforce Investment Act of 1998 (Public Law 105-
220, 112 Stat. 936).
"WIC." Women, Infants and Children Program.
SUBARTICLE B
EXECUTIVE DEPARTMENTS
Section 1711-L. Governor (Reserved).
Section 1712-L. 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
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, at least
$95,000 shall be used to support the Statewide Automated
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Victim Information and Notification System (SAVIN) to provide
offender information through county jails, $67,000 shall be
used for a residential treatment community facility for at-
risk youth located in a county of the fifth class, $33,000
shall be used for an innovative police data sharing pointer
index system that will allow participating law enforcement
agencies access to incident report data, and $67,000 shall be
used for a diversion program for first time nonviolent
offenders facing mandatory minimum prison sentences. The
diversion program must include education and employment
services, case management and mentoring.
(3) From funds appropriated for violence prevention
programs, at least $83,000 shall be used for programs in a
city of the second class, and at least $150,000 shall be used
for blueprint mentoring programs that address reducing youth
violence in a city of the second and third class.
Section 1713-L. Lieutenant Governor (Reserved).
Section 1714-L. Attorney General (Reserved).
Section 1715-L. Auditor General (Reserved).
Section 1716-L. Treasury Department (Reserved).
Section 1717-L. Department of Aging (Reserved).
Section 1718-L. Department of Agriculture.
The following apply:
(1) From funds appropriated for agricultural research,
at least $100,000 shall be used for an agricultural resource
center in conjunction with a land-grant university and 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.
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(2) At least 80% of the funds appropriated for hardwoods
research and promotion 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
operations, $83,000 shall be transferred to the Dog Law
Restricted Account.
(4) From funds appropriated for transfer to agricultural
college land scrip fund, at least $2,000,000 shall be
allocated to increase capacity to address avian flu and other
animal disease outbreaks.
Section 1719-L. 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, $83,000 shall be used for the creation of an
institute in a city of the second class to research and
develop healthy building products and $50,000 shall be used
for independent research by a not-for-profit entity which
partners with higher education institutions, to identify,
characterize and manage issues related to the economic and
environmental impact of Pennsylvania Marcellus Shale
development.
(2) From the sum of $1,600,000 of the funds appropriated
for marketing to attract tourists a program or activity that
received funds for fiscal year 2014-2015 shall receive one-
third of the amount received by those programs and activities
in fiscal year 2014-2015.
(3) From funds appropriated for Keystone Communities,
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$150,000 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 68,000 but not more than 70,000 for
sidewalks and repairs associated with downtown
revitalization. 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) From funds appropriated for regional event security,
$5,000,000 shall be used to provide reimbursement of costs
incurred for planning, preparation and event security by a
city of the first class and surrounding counties relating to
a papal visit.
Section 1720-L. 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,
$750,000 shall be used for the operation and maintenance of
the Washington Crossing Historical Park.
(2) (Reserved).
Section 1721-L. Department of Corrections (Reserved).
Section 1721.1-L. Department of Drug and Alcohol Programs.
The following shall apply to appropriations for the
Department of Drug and Alcohol Programs:
(1) From funds appropriated for general government
operations, at least $250,000 shall be used for programs
providing treatment for posttraumatic stress disorder for
veterans.
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(2) From funds appropriated for Drug and Alcohol
Programs, at least $500,000 shall be used to establish in the
department the Non-narcotic Medication Assistance Substance
Abuse Treatment Grant Pilot Program. This allocation is
contingent on the General Assembly enacting enabling
legislation.
Section 1722-L. Department of Education.
The following shall apply to appropriations for the
Department of Education:
(1) From an appropriation for adult and family literacy
programs, summer reading programs and the adult high school
diplomas program, $133,000 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 not more than 70,000.
(2) From funds appropriated for mobile science and
mathematics education programs, $17,000 shall be allocated
for a mathematics education program that targets middle
school students, $50,000 shall be allocated to a nautical
science center in a county of the second class, $5,000 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, $133,000 shall be allocated for the design,
construction and equipment for a National Aeronautics and
Space Administration-sponsored science, technology,
engineering and mathematics center in a township of the
second class in a county of the sixth class, $167,000 shall
be allocated for a regional science, technology, engineering
and mathematics center serving sixth through twelfth grade
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students located in a township of the first class in a county
of the third class and $33,000 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) Notwithstanding any other provision of law, funds
appropriated for community education councils shall be
distributed as follows:
(i) Each community education council which received
funding in fiscal year 2014-2015 shall receive an amount
equal to one-third of the amount it received in that
fiscal year.
(ii) No less than $200,000 for an education
consortium serving Cameron, Clarion, Clearfield,
Crawford, Elk, Forest, Jefferson, McKean, Potter, Venango
and Warren Counties.
(4) From funds appropriated for regional community
college services, $200,000 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,
$167,000 for a dual enrollment program at a community college
in a city of the first class and $400,000 shall be
distributed to a nonprofit organization authorized under
section 1705-E.1 establishing a rural regional college
serving nine rural counties.
(5) From funds appropriated for Pennsylvania Charter
Schools for the Deaf and Blind, $367,000 shall be distributed
pro rata based on each school's increased share of required
contributions for public school employees' retirement.
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(6) From funds appropriated for Approved Private
Schools, $400,000 shall be used for payments to an approved
private school in a county of the fourth class that was
approved in calendar year 2014 but has not received payments.
(6.1) Notwithstanding any other provision of law, funds
from the set-aside under section 2509.8(e) 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 one-third of the formula determined as follows:
(i) Subtract:
(A) the approved private school's 2010-2011
school year day tuition rate; from
(B) $38,072.
(ii) Multiply:
(A) the difference under clause (A); by
(B) the number of approved students enrolled in
the approved private school during the 2010-2011
school year.
(7) 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 or cyber charter
schools authorized under Article XVII-A of the Public School
Code of 1949 from funds appropriated for school employees'
Social Security.
(8) 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
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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 payment of required contributions for public
school employees' retirement.
(9) For fiscal year 2015-2016, notwithstanding any other
law, the following shall apply:
(i) An additional $3,000,000 shall be available for
distribution for educational tax credits under section
1706-F(a)(1)(i) of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971.
(ii) The total aggregate amount of all tax credits
approved under section 1706-F(a)(1) of the Tax Reform
Code of 1971 shall not exceed $103,000,000.
(10) From funds appropriated for job training and
education programs, the following programs, schools or
institutions that received funds for fiscal year 2014-2015
shall receive one-third of the State appropriation made
available to that program, school or institution in 2014-
2015:
(i) A degree-granting institution located in a
county of the second class that provides career training
and academic enrichment opportunities.
(ii) A career and technical school accredited by the
Accrediting Commission of Career Schools and Colleges and
is licensed by the Pennsylvania State Board of Private
Licensed Schools and located in a county of the second
class that provides career training and academic
enrichment opportunities.
(iii) A program designed to close the academic and
social gaps for children in grades prekindergarten
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through 12 by reducing the risk of dropouts.
Section 1723-L. Department of Environmental Protection.
The following shall apply to appropriations for the
Department of Environmental Protection:
(1) Notwithstanding section 502 of the act of July 9,
2008 (1st Sp.Sess., P.L.1873, No.1), known as the Alternative
Energy Investment Act, in fiscal year 2015-2016, no funds
shall be appropriated from the General Fund to the department
for the Consumer Energy Program. Any appropriation for fiscal
year 2015-2016 is revoked.
(2) From funds appropriated for general government
operations, $133,000 shall be used for a project to improve
infrastructure to provide clean drinking water in a county of
the fourth class with a population, based on the most recent
Federal decennial census, of at least 150,000 but not more
than 155,000.
(3) From funds appropriated for sewage facilities
grants, up to $12,000 shall be distributed for reimbursement
of costs incurred by a borough in a county of the third
class. Up to $18,000 shall be distributed for reimbursement
of costs incurred by a township of the first class in a
county of the second class A. One hundred and sixty-seven
thousand dollars shall be distributed for upgrades at an
existing wastewater pumping station operated by a joint sewer
authority serving a third class city in a county of the fifth
class and $67,000 shall be distributed to a municipal
authority in a county of the fourth class with a population,
based on the most recent Federal decennial census, of at
least 149,000 but not more than 152,000 for system upgrades
to residential service areas.
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(4) Not later than 60 days after the effective date of
this section, the department shall pay or transfer $6,810,000
of the unexpended Alternative Energy Series 2010B proceeds
allocated to the department under section 304(a) of the act
of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known as the
Alternative Energy Investment Act, to the Commonwealth
Financing Authority for the payment of interest due during
fiscal year 2015-2016 on the authority's alternative energy
tax-exempt bond issues.
Section 1724-L. Department of General Services (Reserved).
Section 1725-L. 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 $33,000 is
included for outreach for Charcot-Marie-Tooth syndrome.
(2) From funds appropriated for newborn screening,
$83,000 shall be allocated to operate 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, at least $68,000
shall be used for a program promoting cystic fibrosis
research in a county of the second class, and $34,000 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
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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 a study related to
nanotechnology and for the commercialization of applied
research. Programs or projects that received funds in fiscal
year 2014-2015 shall receive no less than one-third of the
State appropriation made available to those programs or
projects in fiscal year 2014-2015.
Section 1726-L. Insurance Department (Reserved).
Section 1727-L. 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:
(i) Seven hundred eighty-four thousand dollars for a
Statewide professional service provider association for
the blind to provide specialized services and prevention
of blindness services, which includes $67,000 for
independent living services for older individuals who are
blind.
(ii) One hundred forty-three thousand dollars to
provide specialized services and prevention of blindness
services in cities of the first class.
(2) From funds appropriated for Industry Partnerships,
$67,000 shall be allocated for a work force development
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program that links veterans with employment in a home rule
county that was formerly a county of the second class A.
Section 1728-L. Department of Military and Veterans Affairs
(Reserved).
Section 1729-L. Department of Human Services.
The following shall apply to appropriations for the
Department of Human Services:
(1) Authorized transfers for child-care services. 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 chairman and
minority chairman of the Appropriations Committee of the
Senate and the chairman and minority chairman 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
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
chairman and minority chairman of the Appropriations
Committee of the Senate and the chairman and minority
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chairman of the Appropriations Committee of the House of
Representatives.
(1.1) Payments to counties for services to children.
Notwithstanding section 709.3 of the act of June 13, 1967
(P.L.31, No.21), known as the Public Welfare Code, the full
amount appropriated for payments and services to counties for
children and youth programs and for the care of delinquent
and dependent children shall be paid to counties pursuant to
the payment schedule established in section 704.1(g)(1) and
(2) of the Public Welfare Code.
(2) Federal and State medical assistance payments. The
following shall apply:
(i) For fiscal year 2015-2016 , 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 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) Funds appropriated for medical assistance
transportation shall only be utilized as a payment of
last resort for transportation for eligible medical
assistance recipients.
(iii) 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.
(iv) Federal or State funds appropriated under the
General Appropriation Act in accordance with Article
VIII-H of the Public Welfare Code not used to make
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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.
(v) Qualifying university-affiliated physician
practice plans which received funds for fiscal year 2014-
2015 shall receive one-third of the State appropriation
made available to those university-affiliated physician
practice plans during fiscal year 2014-2015 . From funds
appropriated for physician practice plans:
(A) the amount of $500,000 shall be distributed
to a physician practice plan serving a health system
located in a city of the first class and a contiguous
county of the second class A which did receive
funding during fiscal year 2014-2015 ;
(B) at least $167,000 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) the amount of $333,000 shall be distributed
to an acute care hospital affiliated with an academic
medical center located in a city of the second class.
(vi) (A) Qualifying academic medical centers which
received funds for fiscal year 2014-2015 shall
receive one-third of the State appropriation made
available to those academic medical centers during
fiscal year 2014-2015.
(B) In addition to funds under clause (A), the
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following shall apply:
(I) A qualifying academic medical center
with a regional campus located in a county of the
fourth class shall receive an additional
$333,000.
(II) A qualifying academic medical center in
a city of the second class shall receive an
additional $666,000.
(III) A qualifying academic medical center
located in a third class county with a population
between 210,000 and 215,000 under the 2010
Federal decennial census shall receive an
additional $417,000.
(IV) A qualifying academic medical center
located in a third class county with a population
between 279,000 and 282,000 under the 2010
Federal decennial census shall receive an
additional $67,000.
(V) A qualifying 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 $67,000.
(vii) 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
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(B) mothers' obstetrical delivery.
(viii) From funds appropriated for medical
assistance payments for fee-for-service care, $50,000
shall be used for treatment of cleft palates and other
craniofacial anomalies.
(ix) From funds appropriated for medical assistance
fee-for-service care, $267,000 shall be distributed to a
health system for clinical ophthalmologic services
located in a city of the first class, $100,000 shall be
distributed for improvements to an intensive care
facility in an acute care hospital located in a city of
the first class, and $1,667,000 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.
(x) From funds appropriated for medical assistance
capitation, $50,000 shall be used for prevention and
treatment of depression and its complications in older
Pennsylvanians in a county of the second class.
(xi) From funds appropriated for medical assistance
long-term care, $667,000 shall be distributed to a county
nursing home located in a home rule county that was
formerly a county of the second class A which have a
medical assistance occupancy rate of at least 85%.
(xii) Subject to Federal approval of necessary
amendments of the Title XIX State Plan, from funds
appropriated for medical assistance long-term care,
$2,667,000 is allocated for quarterly medical assistance
day-one incentive payments to qualified nonpublic nursing
facilities under methodology and criteria under section
443.1(7)(v) of the Public Welfare Code.
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(3) Breast cancer screening. 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).
(4) Women's service programs. The following shall apply:
(i) Funds appropriated for women's service programs
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.
(5) The provisions of 8 U.S.C. ยงยง 1611 (relating to
aliens who are not qualified aliens ineligible for Federal
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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.
(6) From funds appropriated for autism intervention and
services, $150,000 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, $80,000 shall be distributed to
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 autism in a county of
the second class A, $80,000 shall be distributed to an
institution of higher education which provides autism
education and diagnostic curriculum and is located in a
county of the second class, and $67,000 shall be allocated to
programs to promote the health and fitness of persons with
developmental disabilities located in a city of the first
class.
(6.1) Community-based family centers. 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.
(7) (Reserved).
(8) From funds appropriated for mental health services
or from Federal funds, $193,000 shall be used for the
following:
(i) The operation and maintenance of a network of
web portals that provide comprehensive referral services,
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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.
(9) From funds appropriated for Intellectual
Disabilities - Community Waiver Program, $173,000 shall be
used by a provider serving individuals with intellectual
disabilities in community settings.
(10) 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.
Section 1730-L. Department of Revenue.
The following shall apply to appropriations for the
Department of Revenue:
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(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 2015-2016 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 chairman and the minority chairman of the
Appropriations Committee of the Senate and the chairman
and minority chairman of the Appropriations Committee of
the House of Representatives by June 1, 2016, and by each
June 1 thereafter, with the 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-L. Department of State (Reserved).
Section 1732-L. Department of Transportation.
The following shall apply to appropriations for the
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Department of Transportation:
(1) From amounts appropriated or any other funds used by
the department during the 2015-2016 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" include 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-L. Pennsylvania State Police (Reserved).
Section 1734-L. (Reserved).
Section 1735-L. Pennsylvania Emergency Management Agency.
The following shall apply to appropriations for the
Pennsylvania Emergency Management Agency:
(1) From funds appropriated for local municipal
emergency relief, $1,000,000 shall be used to create a State
program to provide assistance to individuals and political
subdivisions directly affected by natural and man-made
disasters. State assistance will be limited to grants for
projects that do not qualify for Federal assistance to help
repair damages to primary residences, personal property and
public facilities. Grants will be made available in a
disaster emergency area only when a Presidential disaster
declaration is not covering the area.
(2) 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
located in a city of the first class.
Section 1736-L. Pennsylvania Fish and Boat Commission
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(Reserved).
Section 1737-L. State System of Higher Education (Reserved).
Section 1737.1-L. State-related institutions (Reserved).
Section 1738-L. Pennsylvania Higher Education Assistance Agency
(Reserved).
Section 1739-L. Pennsylvania Historical and Museum Commission
(Reserved).
Section 1740-L. Pennsylvania Infrastructure Investment
Authority (Reserved).
Section 1741-L. Environmental Hearing Board (Reserved).
Section 1742-L. Pennsylvania Board of Probation and Parole
(Reserved).
Section 1743-L. Pennsylvania Gaming Control Board.
The following shall apply:
(1) 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.
(2) (Reserved).
Section 1744-L. (Reserved).
Section 1745-L. (Reserved).
Section 1746-L. (Reserved).
Section 1747-L. (Reserved).
Section 1748-L. Commonwealth Financing Authority (Reserved).
Section 1749-L. Thaddeus Stevens College of Technology
(Reserved).
Section 1750-L. Pennsylvania Housing Finance Agency (Reserved).
Section 1751-L. LIHEABG (Reserved).
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SUBARTICLE C
STATE GOVERNMENT SUPPORT AGENCIES
Section 1761-L. Health Care Cost Containment Council
(Reserved).
Section 1762-L. State Ethics Commission (Reserved).
Section 1763-L. Legislative Reference Bureau (Reserved).
Section 1764-L. Legislative Budget and Finance Committee
(Reserved).
Section 1765-L. Legislative Data Processing Committee
(Reserved).
Section 1766-L. Joint State Government Commission (Reserved).
Section 1767-L. Joint Legislative Air and Water Pollution
Control and Conservation Committee (Reserved).
Section 1768-L. Legislative Audit Advisory Commission
(Reserved).
Section 1769-L. Independent Regulatory Review Commission
(Reserved).
Section 1770-L. Capitol Preservation Committee (Reserved).
Section 1771-L. Pennsylvania Commission on Sentencing
(Reserved).
Section 1772-L. Center for Rural Pennsylvania (Reserved).
Section 1773-L. Commonwealth Mail Processing Center (Reserved).
Section 1774-L. Transfers (Reserved).
SUBARTICLE D
JUDICIAL DEPARTMENT
(Reserved)
SUBARTICLE E
GENERAL ASSEMBLY
(Reserved)
ARTICLE XVII-L.1
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2015-2016 INTERIM GENERAL APPROPRIATIONS ACT
Section 1701-L.1. Revenue estimate.
The Governor, in conjunction with the Secretary of the Budget
and the Secretary of Revenue, when certifying a revenue
estimate, for an interim General Appropriation Act or any
General Appropriation Act for fiscal year 2015-2016, as required
under section 618 of act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929, shall certify the
total amount of tax and nontax revenues estimated to be
collected and available for the period July 1, 2015, to June 30,
2016.
ARTICLE XVII-M
2015-2016 RESTRICTIONS ON APPROPRIATIONS
FOR FUNDS AND ACCOUNTS
Section 1701 -M . Applicability.
Except as specifically provided in this article, this article
applies to the act of , 2015 (P.L. , No. ), known as
the General Appropriation Act of 2015, and all other
appropriation acts of 2015.
Section 1702 -M . 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).
Section 1703 -M . Energy Conservation and Assistance Fund
(Reserved).
Section 1704 -M . Judicial Computer System Augmentation Account
(Reserved).
Section 1704.1 -M . Access to Justice Account (Reserved).
Section 1705 -M . Emergency Medical Services Operating Fund
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(Reserved).
Section 1706 -M . The State Stores Fund (Reserved).
Section 1707 -M . Motor License Fund (Reserved).
Section 1708 -M . Hazardous Material Response Fund (Reserved).
Section 1709 -M . Milk Marketing Fund (Reserved).
Section 1710 -M . HOME Investment Trust Fund (Reserved).
Section 1711 -M . Tuition Payment Fund (Reserved).
Section 1712 -M . Banking Fund (Reserved).
Section 1713 -M . Firearm Records Check Fund (Reserved).
Section 1714 -M . Ben Franklin Technology Development Authority
Fund (Reserved).
Section 1715 -M . Tobacco Settlement Fund (Reserved).
Section 1716 -M . (Reserved).
Section 1717 -M . Restricted receipt accounts.
(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
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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:
(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
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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.
(2) Justice Assistance.
(3) Juvenile Accountability Incentive.
(4) Early Retiree Reinsurance Program.
Section 1718.1 -M . Gaming Economic Development and Tourism Fund
(Reserved).
Section 1719 -M . Veterans' Trust Fund (Reserved).
Section 1720 -M . State Farm Products Show Fund (Reserved).
Section 1721 -M . Pennsylvania Race Horse Development Fund
(Reserved).
Section 10. Applicability is as follows:
(1) Except as set forth in paragraph (2), this act shall
apply retroactively to July 1, 2015.
(2) The reenactment and amendment of Article XVII-A
Subarticle D heading and sections 1731-A and 1732-A of the
act shall apply retroactively to June 30, 2015.
Section 11. This act shall take effect immediately.
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