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SENATE AMENDED
PRIOR PRINTER'S NOS. 720, 1499
PRINTER'S NO. 2624
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
674
Session of
2017
INTRODUCED BY BERNSTINE, A. HARRIS, O'NEILL, SOLOMON, METZGAR,
PICKETT, TOEPEL, RYAN, MILLARD, SANKEY, CAUSER, DUNBAR,
BOBACK, WATSON, WARD, SAYLOR, ZIMMERMAN, MASSER, PHILLIPS-
HILL, KORTZ, DUSH AND FARRY, MARCH 2, 2017
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, OCTOBER 23, 2017
AN ACT
Amending the act of August 26, 1971 (P.L.351, No.91), entitled
"An act providing for a State Lottery and administration
thereof; authorizing the creation of a State Lottery
Commission; prescribing its powers and duties; disposition of
funds; violations and penalties therefor; exemption of prizes
from State and local taxation and making an appropriation,"
in State lottery, providing for lottery winnings intercept.
AMENDING THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), ENTITLED
"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," IMPLEMENTING THE 2017-2018 COMMONWEALTH BUDGET
AND INSTITUTING FUTURE BUDGET IMPLEMENTATION:
FURTHER PROVIDING FOR TITLE OF ACT;
IN DEPARTMENT OF REVENUE:
PROVIDING FOR LOTTERY WINNINGS INTERCEPT;
PROVIDING FOR AMBULATORY SURGICAL CENTER DATA COLLECTION
AND FOR JOINT UNDERWRITING ASSOCIATION;
IN TREASURY DEPARTMENT:
PROVIDING FOR PROVISIONS FOR GENERAL ASSEMBLY;
IN DEPARTMENT OF AUDITOR GENERAL:
FURTHER PROVIDING FOR AGENCIES RECEIVING STATE AID
AND PROVIDING FOR AUDITS OF INTERSTATE COMMISSIONS;
IN PROCEDURE FOR THE DISBURSEMENT OF MONEY FROM THE STATE
TREASURY:
FURTHER PROVIDING FOR SETTLEMENT AGREEMENTS AND
ENFORCEMENT ACTIONS;
IN FINANCIALLY DISTRESSED MUNICIPALITIES:
PROVIDING FOR PAYROLL TAX;
IN OIL AND GAS WELLS:
FURTHER PROVIDING FOR DEFINITIONS, PROVIDING FOR OIL
AND GAS LEASE FUND, REPEALING PROVISIONS RELATING TO OIL
AND GAS OPERATIONS IN THE SOUTH NEWARK BASIN AND
PROVIDING FOR TEMPORARY CESSATION OF OIL AND GAS WELLS;
IN TRANSPORTATION NETWORK COMPANIES AND MOTOR CARRIER
COMPANIES:
PROVIDING FOR REGULATION OF TAXICABS AND LIMOUSINES
BY PARKING AUTHORITY OF CITY OF THE FIRST CLASS, FOR
PENALTIES AND FOR PROVISION OF TRANSPORTATION NETWORK
SERVICE;
IN PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND
TOURISM FUND:
FURTHER PROVIDING FOR OTHER GRANTS;
IN TOBACCO SETTLEMENT FUND:
FURTHER PROVIDING FOR USE OF FUND;
IN PENNSYLVANIA RACE HORSE DEVELOPMENT FUND:
FURTHER PROVIDING FOR DEFINITIONS, FOR FUND AND FOR
DISTRIBUTIONS FROM FUND;
IN MISCELLANEOUS LIMITATIONS AND TRANSFERS:
FURTHER PROVIDING FOR DRUG AND ALCOHOL PROGRAMS AND
PROVIDING FOR WORKERS' COMPENSATION SECURITY FUND;
IN NATURAL GAS INFRASTRUCTURE DEVELOPMENT FUND:
FURTHER PROVIDING FOR DEFINITIONS AND FOR TRANSFER OF
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FUNDS;
PROVIDING FOR FIRST CHANCE TRUST FUND;
IN 2016-2017 RESTRICTIONS ON APPROPRIATIONS FOR FUNDS AND
ACCOUNTS:
REPEALING PROVISIONS RELATING TO FUND TRANSFERS;
IN GENERAL BUDGET IMPLEMENTATION:
FURTHER PROVIDING FOR DEPARTMENT OF AGRICULTURE, FOR
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, FOR
DEPARTMENT OF EDUCATION, FOR PENNSYLVANIA GAMING CONTROL
BOARD, FOR DEPARTMENT OF HUMAN SERVICES, FOR COMMONWEALTH
FINANCING AUTHORITY RESTRICTED REVENUE ACCOUNT AND FOR
SURCHARGES, PROVIDING FOR MULTIMODAL TRANSPORTATION FUND,
FURTHER PROVIDING FOR PENNSYLVANIA LIQUOR CONTROL BOARD
AND PROVIDING FOR SALES BY DISTILLERIES, FOR LIQUOR CODE
SUSPENSION FOR DEFICIENCY, FOR STATE EMPLOYEES'
RETIREMENT SYSTEM RESTRICTED ACCOUNT AND FOR PUBLIC
SCHOOL EMPLOYEES' RETIREMENT SYSTEM RESTRICTED ACCOUNT;
IN SCHOOL DISTRICT DEBT REFINANCING BONDS:
FURTHER PROVIDING FOR SINKING FUND CHARGES FOR SCHOOL
BUILDING PROJECTS AND FOR PUBLIC SCHOOL BUILDING
CONSTRUCTION AND RECONSTRUCTION ADVISORY COMMITTEE;
REPEALING PROVISIONS RELATING TO 2012-2013 BUDGET
IMPLEMENTATION AND 2012-2013 RESTRICTIONS ON APPROPRIATIONS
FOR FUNDS AND ACCOUNTS;
PROVIDING FOR 2017-2018 BUDGET IMPLEMENTATION AND FOR
2017-2018 RESTRICTIONS ON APPROPRIATIONS FOR FUNDS AND
ACCOUNTS;
MAKING AN EDITORIAL CHANGE; AND
MAKING RELATED REPEALS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of August 26, 1971 (P.L.351, No.91),
known as the State Lottery Law, is amended by adding a section
to read:
Section 316. Lottery winnings intercept.
(a) Duty of Department of Revenue.-- In the case of any
person winning a single lottery prize of more than $2,500 in the
State Lottery, the Department of Revenue shall:
(1) (i) Make reasonable efforts to determine if the
prizewinner has an outstanding State tax liability prior
to paying the lottery prize. If the Department of Revenue
determines that the prizewinner has an outstanding State
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tax liability and the rights to appeal have expired with
no appeal having been taken or if an appeal has been
taken, it has been resolved and is not pending, the
Department of Revenue shall deduct from the lottery prize
the amount of outstanding State tax liability. A
deduction under this subparagraph may only be made after
the Department of Revenue determines under 23 Pa.C.S. §
4308 (relating to lottery winnings intercept) that either
the lottery prize is not subject to a deduction for
delinquent support or that, after deducting for
delinquent support, prize amounts remain that can be
subject to deduction for the amount of the outstanding
State tax liability.
(ii) First, pay the amount deducted for support as
provided in 23 Pa.C.S. § 4308 and , second, apply the
amount deducted for any outstanding State tax liability
to the prizewinner's delinquent support obligations or
outstanding State tax liability.
(2) Request the Department of Human Services to make a
reasonable effort to determine if the prizewinner is
currently a recipient of public assistance benefits in this
Commonwealth prior to paying the lottery prize. If the
prizewinner is found to be a recipient of public assistance
benefits in this Commonwealth, the Department of Human
Services shall determine the prizewinner's eligibility to
continue to receive public assistance benefits as a result of
winning the lottery prize.
(3) (i) In conjunction with the Administrative Office
of Pennsylvania Courts, make a reasonable effort to
determine if the prizewinner owes court-ordered
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obligations for crimes as defined in section 103 of the
act of November 24, 1998 (P.L.882, No.111), known as the
Crime Victims Act . If a determination is made that the
prizewinner owes court-ordered obligations, the
Administrative Office of Pennsylvania Courts shall
provide the Department of Revenue with the total amount
of obligations owed.
(ii) If it is determined under subparagraph (i) that
the prizewinner owes court-ordered obligations, deduct
from the amount of the lottery prize remaining after the
deductions made under paragraph (1) the amount of the
obligations owed.
(iii) Pay the amounts deducted under subparagraph
(ii) as provided by applicable law to satisfy or
partially satisfy the prizewinner's court-ordered
obligations to the clerk of courts of the county in which
the court order was issued.
(4) As soon as reasonably possible after the lottery
prize was claimed, notwithstanding the provisions of 23
Pa.C.S. § 4308(b)(7):
(i) award the prizewinner the amount of the lottery
prize to be paid to the prizewinner after any deductions
made under paragraphs (1) and (3) and subsection (c); and
(ii) if applicable, notify the prizewinner that part
or all of the lottery prize was used to satisfy the
prizewinner's obligations described in paragraphs (1) and
(3). If the amount of the lottery prize is not sufficient
to fully satisfy any of the obligations of the
prizewinner, the prizewinner shall owe the balance of the
obligations as provided under applicable law.
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(b) Right to review.--
(1) A prizewinner whose prize is used to satisfy or
partially satisfy an outstanding State tax obligation under
subsection (a)(1) may file a petition of review with the
Department of Revenue within 90 days after the mailing of the
notice under subsection (a)(4). The only issue that may be
considered is whether the proper amount of the State tax
obligation was deducted or there is an unresolved valid and
timely filed State tax appeal of the State tax obligation.
The provisions of Article XXVII of the Tax Reform Code of
1971 shall apply to each appeal under this section.
(2) A prizewinner whose prize is used to satisfy or
partially satisfy an obligation under 23 Pa.C.S. § 4308 may
appeal in accordance with applicable law. The appeal must be
filed with a court of competent jurisdiction within 30 days
after the person is notified by the Department of Revenue
that the prize has been reduced or totally withheld to
satisfy the person's obligations under 23 Pa.C.S. § 4308.
(3) If it is determined under subsection (a)(2) that the
prizewinner is no longer eligible for public assistance
benefits in this Commonwealth, the Department of Human
Services shall notify the prizewinner and the prizewinner
shall be subject to the act of June 13, 1967 (P.L.31, No.21),
known as the Human Services Code.
(c) Administrative fee.--The Department of Revenue shall
determine and set a fee which reflects the actual costs it
incurs to administer this section with respect to a specific
prizewinner and deduct the calculated amount from the lottery
prize if the prizewinner is found to have an outstanding State
tax liability or court-ordered obligations subject to a
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deduction under subsection (a)(1) or (3).
(d) Report.--The Department of Revenue shall annually report
to the Finance Committee of the Senate and the Finance Committee
of the House of Representatives the amount of outstanding State
tax liability and court-ordered obligations collected under this
section.
(e) Rules and regulations.--The Department of Revenue may
promulgate rules and regulations necessary to carry out this
section.
Section 2. This act shall take effect in one year.
SECTION 1. THE GENERAL ASSEMBLY FINDS AND DECLARES AS
FOLLOWS:
(1) THE INTENT OF THIS ACT IS TO PROVIDE FOR THE
IMPLEMENTATION OF THE 2017-2018 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 THIS
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
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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
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
APPROPRIATION 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
2017-2018 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 2017-2018 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
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ACT OF JULY 11, 2017 (P.L. , NO.1A), KNOWN AS THE GENERAL
APPROPRIATION ACT OF 2017.
SECTION 1.1. THE TITLE OF THE ACT OF APRIL 9, 1929 (P.L.343,
NO.176), KNOWN AS THE FISCAL CODE, IS AMENDED TO READ:
AN ACT
AMENDING THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), ENTITLED
"AN ACT RELATING TO THE FINANCES OF THE STATE GOVERNMENT;
PROVIDING FOR CANCER CONTROL, PREVENTION AND RESEARCH, FOR
AMBULATORY SURGICAL CENTER DATA COLLECTION AND FOR THE JOINT
UNDERWRITING ASSOCIATION, 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
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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."
SECTION 1.2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 215. LOTTERY WINNINGS INTERCEPT.--(A) IN THE CASE
OF ANY PERSON WINNING A SINGLE LOTTERY PRIZE OF MORE THAN $2,500
IN THE STATE LOTTERY, THE DEPARTMENT OF REVENUE SHALL:
(1) (I) MAKE REASONABLE EFFORTS TO DETERMINE IF THE
PRIZEWINNER HAS AN OUTSTANDING STATE TAX LIABILITY PRIOR TO
PAYING THE LOTTERY PRIZE. IF THE DEPARTMENT OF REVENUE
DETERMINES THAT THE PRIZEWINNER HAS AN OUTSTANDING STATE TAX
LIABILITY AND THE RIGHTS TO APPEAL HAVE EXPIRED WITH NO APPEAL
HAVING BEEN TAKEN OR IF AN APPEAL HAS BEEN TAKEN, IT HAS BEEN
RESOLVED AND IS NOT PENDING, THE DEPARTMENT OF REVENUE SHALL
DEDUCT FROM THE LOTTERY PRIZE THE AMOUNT OF OUTSTANDING STATE
TAX LIABILITY. A DEDUCTION UNDER THIS SUBPARAGRAPH MAY ONLY BE
MADE AFTER THE DEPARTMENT OF REVENUE DETERMINES UNDER 23 PA.C.S.
§ 4308 (RELATING TO LOTTERY WINNINGS INTERCEPT) THAT EITHER THE
LOTTERY PRIZE IS NOT SUBJECT TO A DEDUCTION FOR DELINQUENT
SUPPORT OR THAT, AFTER DEDUCTING FOR DELINQUENT SUPPORT, PRIZE
AMOUNTS REMAIN THAT CAN BE SUBJECT TO DEDUCTION FOR THE AMOUNT
OF THE OUTSTANDING STATE TAX LIABILITY.
(II) FIRST, PAY THE AMOUNT DEDUCTED FOR SUPPORT AS PROVIDED
IN 23 PA.C.S. § 4308 AND , SECOND, APPLY THE AMOUNT DEDUCTED FOR
ANY OUTSTANDING STATE TAX LIABILITY TO THE PRIZEWINNER'S
DELINQUENT SUPPORT OBLIGATIONS OR OUTSTANDING STATE TAX
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LIABILITY.
(2) REQUEST THE DEPARTMENT OF HUMAN SERVICES TO MAKE A
REASONABLE EFFORT TO DETERMINE IF THE PRIZEWINNER IS CURRENTLY A
RECIPIENT OF PUBLIC ASSISTANCE BENEFITS IN THIS COMMONWEALTH
PRIOR TO PAYING THE LOTTERY PRIZE. IF THE PRIZEWINNER IS FOUND
TO BE A RECIPIENT OF PUBLIC ASSISTANCE BENEFITS IN THIS
COMMONWEALTH, THE DEPARTMENT OF HUMAN SERVICES SHALL DETERMINE
THE PRIZEWINNER'S ELIGIBILITY TO CONTINUE TO RECEIVE PUBLIC
ASSISTANCE BENEFITS AS A RESULT OF WINNING THE LOTTERY PRIZE.
(3) (I) IN CONJUNCTION WITH THE ADMINISTRATIVE OFFICE OF
PENNSYLVANIA COURTS, MAKE A REASONABLE EFFORT TO DETERMINE IF
THE PRIZEWINNER OWES COURT-ORDERED OBLIGATIONS FOR CRIMES AS
DEFINED IN SECTION 103 OF THE ACT OF NOVEMBER 24, 1998 (P.L.882,
NO.111), KNOWN AS THE "CRIME VICTIMS ACT ." IF A DETERMINATION IS
MADE THAT THE PRIZEWINNER OWES COURT-ORDERED OBLIGATIONS, THE
ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS SHALL PROVIDE THE
DEPARTMENT OF REVENUE WITH THE TOTAL AMOUNT OF OBLIGATIONS OWED.
(II) IF IT IS DETERMINED UNDER SUBPARAGRAPH (I) THAT THE
PRIZEWINNER OWES COURT-ORDERED OBLIGATIONS, DEDUCT FROM THE
AMOUNT OF THE LOTTERY PRIZE REMAINING AFTER THE DEDUCTIONS MADE
UNDER PARAGRAPH (1) THE AMOUNT OF THE OBLIGATIONS OWED.
(III) PAY THE AMOUNTS DEDUCTED UNDER SUBPARAGRAPH (II) AS
PROVIDED BY APPLICABLE LAW TO SATISFY OR PARTIALLY SATISFY THE
PRIZEWINNER'S COURT-ORDERED OBLIGATIONS TO THE CLERK OF COURTS
OF THE COUNTY IN WHICH THE COURT ORDER WAS ISSUED.
(4) AS SOON AS REASONABLY POSSIBLE AFTER THE LOTTERY PRIZE
WAS CLAIMED, NOTWITHSTANDING THE PROVISIONS OF 23 PA.C.S. §
4308(B)(7):
(I) AWARD THE PRIZEWINNER THE AMOUNT OF THE LOTTERY PRIZE TO
BE PAID TO THE PRIZEWINNER AFTER ANY DEDUCTIONS MADE UNDER
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PARAGRAPHS (1) AND (3) AND SUBSECTION (C); AND
(II) IF APPLICABLE, NOTIFY THE PRIZEWINNER THAT PART OR ALL
OF THE LOTTERY PRIZE WAS USED TO SATISFY THE PRIZEWINNER'S
OBLIGATIONS DESCRIBED IN PARAGRAPHS (1) AND (3). IF THE AMOUNT
OF THE LOTTERY PRIZE IS NOT SUFFICIENT TO FULLY SATISFY ANY OF
THE OBLIGATIONS OF THE PRIZEWINNER, THE PRIZEWINNER SHALL OWE
THE BALANCE OF THE OBLIGATIONS AS PROVIDED UNDER APPLICABLE LAW.
(B) (1) A PRIZEWINNER WHOSE PRIZE IS USED TO SATISFY OR
PARTIALLY SATISFY AN OUTSTANDING STATE TAX OBLIGATION UNDER
SUBSECTION (A)(1) MAY FILE A PETITION OF REVIEW WITH THE
DEPARTMENT OF REVENUE WITHIN 90 DAYS AFTER THE MAILING OF THE
NOTICE UNDER SUBSECTION (A)(4). THE ONLY ISSUE THAT MAY BE
CONSIDERED IS WHETHER THE PROPER AMOUNT OF THE STATE TAX
OBLIGATION WAS DEDUCTED OR THERE IS AN UNRESOLVED VALID AND
TIMELY FILED STATE TAX APPEAL OF THE STATE TAX OBLIGATION. THE
PROVISIONS OF ARTICLE XXVII OF THE "TAX REFORM CODE OF 1971"
SHALL APPLY TO EACH APPEAL UNDER THIS SECTION.
(2) A PRIZEWINNER WHOSE PRIZE IS USED TO SATISFY OR
PARTIALLY SATISFY AN OBLIGATION UNDER 23 PA.C.S. § 4308 MAY
APPEAL IN ACCORDANCE WITH APPLICABLE LAW. THE APPEAL MUST BE
FILED WITH A COURT OF COMPETENT JURISDICTION WITHIN 30 DAYS
AFTER THE PERSON IS NOTIFIED BY THE DEPARTMENT OF REVENUE THAT
THE PRIZE HAS BEEN REDUCED OR TOTALLY WITHHELD TO SATISFY THE
PERSON'S OBLIGATIONS UNDER 23 PA.C.S. § 4308.
(3) IF IT IS DETERMINED UNDER SUBSECTION (A)(2) THAT THE
PRIZEWINNER IS NO LONGER ELIGIBLE FOR PUBLIC ASSISTANCE BENEFITS
IN THIS COMMONWEALTH, THE DEPARTMENT OF HUMAN SERVICES SHALL
NOTIFY THE PRIZEWINNER AND THE PRIZEWINNER SHALL BE SUBJECT TO
THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE "HUMAN
SERVICES CODE."
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(C) THE DEPARTMENT OF REVENUE SHALL DETERMINE AND SET A FEE
WHICH REFLECTS THE ACTUAL COSTS IT INCURS TO ADMINISTER THIS
SECTION WITH RESPECT TO A SPECIFIC PRIZEWINNER AND DEDUCT THE
CALCULATED AMOUNT FROM THE LOTTERY PRIZE IF THE PRIZEWINNER IS
FOUND TO HAVE AN OUTSTANDING STATE TAX LIABILITY OR COURT-
ORDERED OBLIGATIONS SUBJECT TO A DEDUCTION UNDER SUBSECTION (A)
(1) OR (3).
(D) THE DEPARTMENT OF REVENUE SHALL ANNUALLY REPORT TO THE
FINANCE COMMITTEE OF THE SENATE AND THE FINANCE COMMITTEE OF THE
HOUSE OF REPRESENTATIVES THE AMOUNT OF OUTSTANDING STATE TAX
LIABILITY AND COURT-ORDERED OBLIGATIONS COLLECTED UNDER THIS
SECTION.
(E) THE DEPARTMENT OF REVENUE MAY PROMULGATE RULES AND
REGULATIONS NECESSARY TO CARRY OUT THIS SECTION.
SECTION 1.3. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE II-C
AMBULATORY SURGICAL CENTER DATA COLLECTION
SECTION 201-C. 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:
"AMBULATORY SURGICAL CENTER." AN AMBULATORY SURGICAL
FACILITY WHICH IS A MEDICARE-CERTIFIED AMBULATORY SURGICAL
CENTER AS DEFINED IN 42 CFR § 416.2 (RELATING TO DEFINITIONS).
"AMBULATORY SURGICAL FACILITY." A FACILITY OR PORTION OF A
FACILITY LICENSED AS AN AMBULATORY SURGICAL FACILITY UNDER 28
PA. CODE PT. IV SUBPT. F (RELATING TO AMBULATORY SURGICAL
FACILITIES).
"ANNUAL FINANCIAL DATA REPORT." THE FINANCIAL, UTILIZATION
AND PAYOR DATA REPORT SUBMITTED ANNUALLY TO THE HEALTH CARE COST
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CONTAINMENT COUNCIL BY AN AMBULATORY SURGICAL CENTER.
SECTION 202-C. SUBMISSION OF ANNUAL FINANCIAL DATA REPORTS.
AN AMBULATORY SURGICAL CENTER THAT IS IN OPERATION OR BEGINS
OPERATION, OR AN AMBULATORY SURGICAL FACILITY THAT BECOMES AN
AMBULATORY SURGICAL CENTER, ON OR AFTER JULY 1, 2017, SHALL
SUBMIT ANNUAL FINANCIAL DATA REPORTS TO THE HEALTH CARE COST
CONTAINMENT COUNCIL AS SPECIFIED BY THE COUNCIL.
ARTICLE II-D
JOINT UNDERWRITING ASSOCIATION
SECTION 201-D. FINDINGS.
THE GENERAL ASSEMBLY FINDS AS FOLLOWS:
(1) AS A RESULT OF A DECLINE IN THE NEED IN THIS
COMMONWEALTH FOR THE MEDICAL PROFESSIONAL LIABILITY INSURANCE
POLICIES OFFERED BY THE JOINT UNDERWRITING ASSOCIATION UNDER
SUBCHAPTER B OF CHAPTER 7 OF THE MCARE ACT, AND A DECLINE IN
THE NATURE AND AMOUNTS OF CLAIMS PAID OUT BY THE JOINT
UNDERWRITING ASSOCIATION UNDER THE POLICIES, THE JOINT
UNDERWRITING ASSOCIATION HAS MONEY IN EXCESS OF THE AMOUNT
REASONABLY REQUIRED TO FULFILL ITS STATUTORY MANDATE.
(2) FUNDS UNDER THE CONTROL OF THE JOINT UNDERWRITING
ASSOCIATION CONSIST OF PREMIUMS PAID ON THE POLICIES ISSUED
UNDER SUBCHAPTER B OF CHAPTER 7 OF THE MCARE ACT AND INCOME
FROM INVESTMENT. THE FUNDS DO NOT BELONG TO ANY OF THE
MEMBERS OF THE JOINT UNDERWRITING ASSOCIATION NOR ANY OF THE
INSUREDS COVERED BY THE POLICIES ISSUED.
(3) THE JOINT UNDERWRITING ASSOCIATION IS AN
INSTRUMENTALITY OF THE COMMONWEALTH. MONEY UNDER THE CONTROL
OF THE JOINT UNDERWRITING ASSOCIATION BELONGS TO THE
COMMONWEALTH.
(4) AT A TIME WHEN REVENUE RECEIPTS ARE DOWN AND THE
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ECONOMY IS STILL RECOVERING, THE COMMONWEALTH IS IN NEED OF
REVENUE FROM ALL POSSIBLE SOURCES IN ORDER TO CONTINUE TO
BALANCE ITS BUDGET AND PROVIDE FOR THE HEALTH, WELFARE AND
SAFETY OF THE RESIDENTS OF THIS COMMONWEALTH.
(5) THE PAYMENT OF MONEY TO THE COMMONWEALTH REQUIRED
UNDER THIS ARTICLE IS IN THE BEST INTEREST OF THE RESIDENTS
OF THIS COMMONWEALTH.
SECTION 202-D. 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:
"COMMISSIONER." THE INSURANCE COMMISSIONER OF THE
COMMONWEALTH.
"DEPARTMENT." THE INSURANCE DEPARTMENT OF THE COMMONWEALTH.
"JOINT UNDERWRITING ASSOCIATION." THE PENNSYLVANIA
PROFESSIONAL LIABILITY JOINT UNDERWRITING ASSOCIATION
ESTABLISHED UNDER SECTION 731 OF THE MCARE ACT.
"MCARE ACT." THE ACT OF MARCH 20, 2002 (P.L.154, NO.13),
KNOWN AS THE MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR
(MCARE) ACT.
SECTION 203-D. PAYMENT.
ON OR BEFORE DECEMBER 1, 2017, THE JOINT UNDERWRITING
ASSOCIATION SHALL PAY THE SUM OF $200,000,000 TO THE STATE
TREASURER FOR DEPOSIT INTO THE GENERAL FUND.
SECTION 204-D.--USE OF AMOUNTS DEPOSITED.
AMOUNTS DEPOSITED IN THE GENERAL FUND UNDER SECTION 203-D
SHALL BE AVAILABLE FOR EXPENDITURES IN ACCORDANCE WITH
APPROPRIATIONS BY THE GENERAL ASSEMBLY TO THE DEPARTMENT OF
HUMAN SERVICES FOR MEDICAL ASSISTANCE PAYMENTS FOR CAPITATION
PLANS.
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SECTION 205-D. NO LIABILITY.
THE JOINT UNDERWRITING ASSOCIATION AND ITS OFFICERS, BOARD
MEMBERS AND EMPLOYEES SHALL NOT BE LIABLE NOR SUBJECT TO SUIT
FOR COMPLYING WITH THE PROVISIONS OF THIS ARTICLE AND MAKING THE
REQUIRED PAYMENT OF MONEY TO THE STATE TREASURER.
SECTION 206-D. EXCLUSIVE JURISDICTION.
THE SUPREME COURT SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR
ANY CHALLENGE TO OR TO RENDER A DECLARATORY JUDGMENT CONCERNING
THE CONSTITUTIONALITY OF THIS ARTICLE OR TO ENFORCE THE
PROVISIONS OF THIS ARTICLE.
SECTION 207-D. SUNSET.
IN THE EVENT THE PAYMENT REQUIRED UNDER SECTION 203-D IS NOT
MADE BY DECEMBER 1, 2017, THE PROVISIONS OF SUBCHAPTER C OF
CHAPTER 7 OF THE MCARE ACT SHALL EXPIRE ON DECEMBER 1, 2017. IN
THAT EVENT, THE FOLLOWING SHALL APPLY:
(1) THE JOINT UNDERWRITING ASSOCIATION SHALL BE
ABOLISHED AND THE MONEY IN THE POSSESSION OR CONTROL OF THE
JOINT UNDERWRITING ASSOCIATION SHALL BE TRANSFERRED TO THE
COMMISSIONER WHO SHALL DEPOSIT IT IN A SPECIAL ACCOUNT WITHIN
THE DEPARTMENT TO BE USED AND ADMINISTERED BY THE DEPARTMENT
IN THE SAME MANNER AS THE JOINT UNDERWRITING ASSOCIATION WAS
AUTHORIZED OR REQUIRED TO USE AND ADMINISTER IT PRIOR TO THE
EXPIRATION OF SUBCHAPTER C OF CHAPTER 7 OF THE MCARE ACT.
(2) NOTWITHSTANDING PARAGRAPH (1), THE COMMISSIONER
SHALL TRANSFER $200,000,000 OF THE MONEY RECEIVED UNDER
PARAGRAPH (1) TO THE STATE TREASURER FOR DEPOSIT INTO THE
GENERAL FUND AS SOON AS PRACTICABLE AFTER RECEIPT.
THEREAFTER, THE COMMISSIONER SHALL ANNUALLY TRANSFER FROM THE
SPECIAL ACCOUNT ESTABLISHED UNDER PARAGRAPH (1) TO THE
GENERAL FUND ANY MONEY THE COMMISSIONER DETERMINES IS IN
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EXCESS OF THE MONEY NEEDED TO ADMINISTER THE FUNDS AS
REQUIRED UNDER SUBCHAPTER C OF CHAPTER 7 OF THE MCARE ACT.
SECTION 1.4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 311. PROVISIONS FOR GENERAL ASSEMBLY.--(A) FUNDS
AVAILABLE TO THE SENATE OR THE HOUSE OF REPRESENTATIVES THROUGH
A SHORT-TERM AGREEMENT OR OTHER INSTRUMENT EXECUTED WITH A
LENDING INSTITUTION SHALL BE CONSIDERED AUGMENTING REVENUES AND
ARE HEREBY APPROPRIATED FOR THE PAYMENT OF SALARIES, WAGES AND
ALL OTHER EXPENSES INCURRED IN THE OPERATION OF THE SENATE OR
THE HOUSE OF REPRESENTATIVES. THE AMOUNTS SHALL BE REMITTED TO
THE STATE TREASURER FOR DEPOSIT IN THE ACCOUNT AS THE CHIEF
CLERK OF THE SENATE OR A FLOOR LEADER OF THE HOUSE OF
REPRESENTATIVES, AS APPLICABLE, MAY DIRECT.
(B) UPON PRESENTATION OF REQUISITIONS BY THE CHIEF CLERK OF
THE SENATE OR A FLOOR LEADER OF THE HOUSE OF REPRESENTATIVES, AS
APPLICABLE, THE REQUISITION SHALL BE PAID ON WARRANT OF THE
STATE TREASURER DIRECTLY TO AND IN FAVOR OF THE PERSONS
DESIGNATED IN THE REQUISITION AS ENTITLED TO RECEIVE THE
COMPENSATION OR EXPENSES.
SECTION 1.5. SECTION 403 OF THE ACT IS AMENDED TO READ:
SECTION 403. AUDITS OF AGENCIES RECEIVING STATE AID.--THE
DEPARTMENT OF THE AUDITOR GENERAL SHALL HAVE THE POWER, AND ITS
DUTY SHALL BE, TO AUDIT THE ACCOUNTS AND RECORDS OF EVERY
PERSON, ASSOCIATION, CORPORATION, AND PUBLIC AGENCY, RECEIVING
AN APPROPRIATION OF MONEY, PAYABLE OUT OF ANY FUND IN THE STATE
TREASURY, OR ENTITLED TO RECEIVE ANY PORTION OF ANY STATE TAX
FOR ANY PURPOSE WHATSOEVER, AS FAR AS MAY BE NECESSARY TO
SATISFY THE DEPARTMENT THAT THE MONEY RECEIVED WAS EXPENDED OR
IS BEING EXPENDED FOR NO PURPOSE OTHER THAN THAT FOR WHICH IT
WAS PAID. COPIES OF ALL SUCH AUDITS SHALL BE FURNISHED TO THE
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GOVERNOR.
IF AT ANY TIME THE DEPARTMENT SHALL FIND THAT ANY MONEY
RECEIVED BY ANY PERSON, ASSOCIATION, CORPORATION, OR PUBLIC
AGENCY, HAS BEEN EXPENDED FOR ANY PURPOSE OTHER THAN THAT FOR
WHICH IT WAS PAID, IT SHALL FORTHWITH NOTIFY THE GOVERNOR, AND
SHALL DECLINE TO APPROVE ANY FURTHER REQUISITION FOR THE PAYMENT
OF ANY APPROPRIATION, OR ANY FURTHER PORTION OF ANY STATE TAX,
TO SUCH PERSON, ASSOCIATION, CORPORATION OR PUBLIC AGENCY, UNTIL
AN AMOUNT EQUAL TO THAT IMPROPERLY EXPENDED SHALL HAVE BEEN
EXPENDED FOR THE PURPOSE FOR WHICH THE MONEY IMPROPERLY EXPENDED
WAS RECEIVED FROM THE STATE TREASURY.
IF AN AUDIT COMPLETED BY THE DEPARTMENT UNDER THIS SECTION
MAKES RECOMMENDATIONS, ANY PERSON, ASSOCIATION, CORPORATION, OR
PUBLIC AGENCY BEING AUDITED SHALL SUBMIT A RESPONSE TO THE
DEPARTMENT DETAILING ADOPTION OF SUCH RECOMMENDATIONS, OR THE
REASON WHY RECOMMENDATIONS HAVE NOT BEEN ADOPTED, WITHIN ONE
HUNDRED AND TWENTY BUSINESS DAYS OF THE PUBLICATION OF THE
AUDIT. THE DEPARTMENT SHALL PROVIDE NOTICE TO THE SUBJECT OF AN
AUDIT SIXTY BUSINESS DAYS AFTER THE DATE OF THE AUDIT'S
PUBLICATION THAT FUTURE APPROPRIATIONS COULD BE DENIED FOR THE
PERSON, ASSOCIATION, CORPORATION OR PUBLIC AGENCY IF A RESPONSE
IS NOT MADE.
THE DEPARTMENT SHALL REGULARLY NOTIFY THE GOVERNOR, 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 OF RESPONSES RECEIVED, ACCOMPANIED BY ANY
COMMENTS THE DEPARTMENT MAY WISH TO SUBMIT. THE DEPARTMENT SHALL
POST RESPONSES TO THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET
WEBSITE. THE GOVERNOR, THE CHAIRPERSON AND MINORITY CHAIRPERSON
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OF THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS
COMMITTEE OF THE HOUSE OF REPRESENTATIVES MAY CONSIDER THIS
RESPONSE WHEN DETERMINING WHETHER FUTURE APPROPRIATIONS TO THE
PERSON, ASSOCIATION, CORPORATION OR PUBLIC AGENCY WILL BE
CONSIDERED.
IF THE PERSON, ASSOCIATION, CORPORATION OR PUBLIC AGENCY DOES
NOT RESPOND TO THE DEPARTMENT WITHIN ONE HUNDRED AND TWENTY
BUSINESS DAYS FROM THE DATE OF THE PUBLICATION OF THE AUDIT, THE
DEPARTMENT SHALL NOTIFY THE GOVERNOR, 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. THE
GOVERNOR, 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 MAY CONSIDER A FAILURE TO RESPOND TO
THE AUDIT WHEN DETERMINING WHETHER FUTURE APPROPRIATIONS TO THE
PERSON, ASSOCIATION, CORPORATION OR PUBLIC AGENCY WILL BE
CONSIDERED.
THE DEPARTMENT SHALL WORK WITH THE GOVERNOR, 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 TO
DETERMINE THE MOST EFFECTIVE METHOD TO COMMUNICATE INFORMATION
CONCERNING RESPONSES TO THE DEPARTMENT'S AUDIT RECOMMENDATIONS
BASED ON THE TYPE OF AUDIT AND SIGNIFICANCE OF THE
RECOMMENDATIONS.
SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 410. AUDITS OF INTERSTATE COMMISSIONS.--(A) FOR THE
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PURPOSE OF SECTION 15.11 OF THE ACT OF JULY 17, 1968 (P.L.368,
NO.181), REFERRED TO AS THE SUSQUEHANNA RIVER BASIN COMPACT LAW,
THE AUDITOR GENERAL SHALL BE DEEMED TO BE A DULY AUTHORIZED
OFFICER ON BEHALF OF THE COMMONWEALTH AS A SIGNATORY PARTY FOR
THE EXCLUSIVE PURPOSE OF EXAMINING AND AUDITING ALL OF THE
BOOKS, DOCUMENTS, RECORDS, FILES AND ACCOUNTS AND ALL OTHER
PAPERS, THINGS OR PROPERTY OF THE COMMISSION. THE DESIGNATION
UNDER THIS SUBSECTION SHALL BE IN ADDITION TO ANY OTHER DULY
AUTHORIZED OFFICER OF THE COMMONWEALTH UNDER THE SUSQUEHANNA
RIVER BASIN COMPACT LAW.
(B) FOR THE PURPOSE OF SECTION 14.11 OF THE ACT OF JULY 7,
1961 (P.L.518, NO.268), KNOWN AS THE DELAWARE RIVER BASIN
COMPACT, THE AUDITOR GENERAL SHALL BE DEEMED TO BE A DULY
AUTHORIZED OFFICER ON BEHALF OF THE COMMONWEALTH AS A SIGNATORY
PARTY FOR THE EXCLUSIVE PURPOSE OF EXAMINING AND AUDITING ALL OF
THE BOOKS, DOCUMENTS, RECORDS, FILES AND ACCOUNTS AND ALL OTHER
PAPERS, THINGS OR PROPERTY OF THE COMMISSION. THE DESIGNATION
UNDER THIS SUBSECTION SHALL BE IN ADDITION TO ANY OTHER DULY
AUTHORIZED OFFICER OF THE COMMONWEALTH UNDER THE DELAWARE RIVER
BASIN COMPACT.
SECTION 3. SECTION 1507.1 OF THE ACT IS AMENDED TO READ:
SECTION 1507.1. SETTLEMENT AGREEMENTS; ENFORCEMENT
ACTIONS.--(A) EXCEPT AS SET FORTH IN [SUBSECTION (B)]
SUBSECTIONS (B) AND (B.1), THE FOLLOWING APPLY:
(1) UNLESS OTHERWISE PROVIDED BY THIS SECTION OR ANOTHER
PROVISION OF LAW, MONEY RECEIVED BY AN AGENCY AS A RESULT OF A
SETTLEMENT, LITIGATION OR AN ENFORCEMENT ACTION SHALL BE DEEMED
FUNDS OF THE COMMONWEALTH AND SHALL, UPON RECEIPT, BE DEPOSITED
INTO THE GENERAL FUND.
(2) IF MONEY TO PURSUE A SETTLEMENT, LITIGATION OR
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ENFORCEMENT ACTION WAS EXPENDED BY THE AGENCY FROM THE GENERAL
FUND OR OTHER FUND OR ACCOUNT ESTABLISHED BY LAW, THOSE COSTS
RECOVERED SHALL BE CREDITED TO THE APPROPRIATION, FUND OR
ACCOUNT FROM WHICH THE ORIGINAL COSTS WERE EXPENDED AND USED AS
PROVIDED BY LAW AND SHALL BE AVAILABLE FOR EXPENDITURE IN
ACCORDANCE WITH THE LAW GOVERNING THE EXPENDITURE.
(3) AMOUNTS THAT EXCEED THE ACTUAL COSTS OF A SETTLEMENT,
LITIGATION OR ENFORCEMENT ACTION AND ARE DEPOSITED IN THE
GENERAL FUND MAY BE REDIRECTED TO THE AGENCY THAT WAS THE PARTY
TO THE SETTLEMENT, LITIGATION OR ENFORCEMENT ACTION TO
SUPPLEMENT THE ACTIVITIES OF THE AGENCY UPON REQUEST OF THE
AGENCY AND APPROVAL OF THE SECRETARY OF THE BUDGET.
(4) IF THERE IS A REDIRECTION UNDER PARAGRAPH (3), THE
SECRETARY SHALL PROVIDE NOTICE OF THE TRANSFER TO THE CHAIR OF
THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIR OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND
INCLUDE A DETAILED DETERMINATION OF ACTUAL COSTS INCURRED BY THE
AGENCY AND THE IDENTIFICATION OF THE ASSOCIATED SETTLEMENT,
LITIGATION OR ENFORCEMENT ACTION.
(B) SUBSECTION (A) SHALL NOT APPLY AS FOLLOWS:
(1) THE RECOVERY OF FEDERAL MONEY SHALL BE DISPOSED OF IN
ACCORDANCE WITH THIS SECTION AND APPLICABLE FEDERAL OR STATE LAW
OR CONTRACT.
(2) NOTHING IN THIS SECTION SHALL SUPERSEDE ANY PAYMENTS,
INCLUDING RESTITUTION, ORDERED BY A COURT.
(B.1) NOTWITHSTANDING THE ACT OF JANUARY 8, 1960 (1959
P.L.2119, NO.787), KNOWN AS THE "AIR POLLUTION CONTROL ACT," OR
ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE SUM OF
$30,409,055, RECEIVED FROM A SETTLEMENT DURING THE 2017-2018
FISCAL YEAR, SHALL BE DEEMED FUNDS OF THE COMMONWEALTH AND
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SHALL, UPON RECEIPT, BE DEPOSITED INTO THE GENERAL FUND TO BE
EXPENDED IN COMPLIANCE WITH THE COMMONWEALTH'S TRUSTEE DUTIES
UNDER SECTION 27 OF ARTICLE I OF THE CONSTITUTION OF
PENNSYLVANIA.
(C) AS USED IN THIS SECTION, THE TERM "AGENCY" INCLUDES THE
COMMONWEALTH AND AN AGENCY OR INSTRUMENTALITY OF THE
COMMONWEALTH.
SECTION 3.1. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1603-D.1. PAYROLL TAX.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN THE
EVENT THAT THE RATE OF A PAYROLL TAX IMPOSED BY A CITY OF THE
SECOND CLASS A, OR A HOME RULE MUNICIPALITY THAT WAS PREVIOUSLY
A CITY OF THE SECOND CLASS A, UNDER SECTION 123(D)(2) OF THE ACT
OF JULY 10, 1987 (P.L.246, NO.47), KNOWN AS THE "MUNICIPALITIES
FINANCIAL RECOVERY ACT," PRODUCES LESS THAN THE REVENUES
PROJECTED IN THE FIRST FULL YEAR AFTER THE IMPOSITION OF A
PAYROLL TAX, THE CITY MAY, FOR A SECOND YEAR, ADJUST THE RATE TO
ONE THAT IS SUFFICIENT TO PRODUCE REVENUES EQUAL TO THE REVENUES
COLLECTED AS A RESULT OF THE MERCANTILE OR BUSINESS PRIVILEGE
TAX IN THE FINAL YEAR IT WAS LEVIED. THE CITY MAY LEVY THE
PAYROLL TAX IN ANY SUBSEQUENT YEAR AT A RATE NOT TO EXCEED THE
ADJUSTED RATE AUTHORIZED UNDER THIS SECTION.
SECTION 3.2. THE DEFINITION OF "FUND" IN SECTION 1601-E OF
THE ACT IS AMENDED TO READ:
SECTION 1601-E. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBARTICLE UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"FUND." [THE OIL AND GAS LEASE FUND ESTABLISHED UNDER THE
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ACT OF DECEMBER 15, 1955 (P.L.865, NO.256), ENTITLED, "AN ACT
REQUIRING RENTS AND ROYALTIES FROM OIL AND GAS LEASES OF
COMMONWEALTH LAND TO BE PLACED IN A SPECIAL FUND TO BE USED FOR
CONSERVATION, RECREATION, DAMS, AND FLOOD CONTROL; AUTHORIZING
THE SECRETARY OF FORESTS AND WATERS TO DETERMINE THE NEED FOR
AND LOCATION OF SUCH PROJECTS AND TO ACQUIRE THE NECESSARY
LAND."] THE OIL AND GAS LEASE FUND.
* * *
SECTION 3.3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1601.2-E. OIL AND GAS LEASE FUND.
(A) CONTINUATION.--THE OIL AND GAS LEASE FUND IS CONTINUED
AS A SPECIAL FUND IN THE STATE TREASURY.
(B) SOURCES.--THE FOLLOWING SHALL BE DEPOSITED INTO THE
FUND:
(1) RENTS AND ROYALTIES FROM OIL AND GAS LEASES OF LAND
OWNED BY THE COMMONWEALTH, EXCEPT RENTS AND ROYALTIES
RECEIVED FROM GAME AND FISH LANDS.
(2) AMOUNTS AS PROVIDED UNDER SECTION 5 OF THE ACT OF
OCTOBER 8, 2012 (P.L.1194, NO.147), KNOWN AS THE INDIGENOUS
MINERAL RESOURCES DEVELOPMENT ACT.
(3) ANY OTHER MONEY APPROPRIATED OR TRANSFERRED TO THE
FUND.
(C) USE.--MONEY IN THE FUND MAY ONLY BE USED AS PROVIDED
UNDER SUBSECTION (E) OR AS ANNUALLY APPROPRIATED BY THE GENERAL
ASSEMBLY. IN MAKING AN APPROPRIATION FROM THE FUND, THE GENERAL
ASSEMBLY SHALL CONSIDER THE COMMONWEALTH'S TRUSTEE DUTIES UNDER
SECTION 27 OF ARTICLE I OF THE CONSTITUTION OF PENNSYLVANIA.
(D) PRIORITY.--MONEY APPROPRIATED FROM THE FUND UNDER A
GENERAL APPROPRIATION ACT OR OTHER APPROPRIATION ACT SHALL BE
DISTRIBUTED PRIOR TO ALLOCATIONS UNDER SUBSECTION (E).
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(E) ANNUAL TRANSFERS.--THE FOLLOWING APPLY:
(1) FOR THE 2017-2018 FISCAL YEAR AND EACH FISCAL YEAR
THEREAFTER, $20,000,000 SHALL BE TRANSFERRED FROM THE FUND TO
THE MARCELLUS LEGACY FUND FOR DISTRIBUTION TO THE
ENVIRONMENTAL STEWARDSHIP FUND.
(2) FOR THE 2017-2018 FISCAL YEAR AND EACH FISCAL YEAR
THEREAFTER, $15,000,000 SHALL BE TRANSFERRED FROM THE FUND TO
THE MARCELLUS LEGACY FUND FOR DISTRIBUTION TO THE HAZARDOUS
SITES CLEANUP FUND.
SECTION 4. SECTION 1607-E(C) OF THE ACT IS REPEALED:
SECTION 1607-E. OIL AND GAS OPERATIONS IN THE SOUTH NEWARK
BASIN.
* * *
[(C) EXPIRATION.--THIS SECTION SHALL EXPIRE JANUARY 1,
2018.]
SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1610-E. TEMPORARY CESSATION OF OIL AND GAS WELLS.
(A) GENERAL RULE.--AN OIL AND GAS LESSOR SHALL BE DEEMED TO
ACKNOWLEDGE THAT A PERIOD OF NONPRODUCTION UNDER AN OIL AND GAS
LEASE IS A TEMPORARY CESSATION INSUFFICIENT TO TERMINATE THE
LEASE AND THE LESSOR WAIVES HIS RIGHT TO SEEK LEASE TERMINATION
UPON THOSE GROUNDS IF, PRIOR TO CLAIMING THE LEASE HAS
TERMINATED:
(1) PRODUCTION IS RECOMMENCED AND THE LESSOR ACCEPTS
ROYALTY PAYMENTS FOR THE PRODUCTION. ANY FIRST ROYALTY
PAYMENT FOLLOWING RECOMMENCEMENT OF PRODUCTION AFTER A PERIOD
OF MORE THAN ONE YEAR OF INACTIVITY SHALL BE ACCOMPANIED BY
AN EXPLANATION, IN PLAIN TERMS, THAT ACCEPTANCE OF THE
ROYALTY PAYMENT SHALL CONSTITUTE ACKNOWLEDGMENT OF AN
EXISTING LEASE WITH THE OPERATOR; OR
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(2) THE OPERATOR, AFTER NOTIFYING THE LESSOR OF ITS
INTENT TO DRILL A NEW WELL AND GIVING THE LESSOR 90 DAYS
WITHIN WHICH TO OBJECT, DRILLS A NEW WELL UNDER THE LEASE.
(B) LEASE PROVISIONS.--NOTHING IN THIS SECTION IS INTENDED
TO WAIVE LEASE REQUIREMENTS RELATED TO COMMENCEMENT OF
OPERATIONS DURING A LEASE'S PRIMARY TERM OR AFFECT A LEASE
PROVISION EXPRESSLY PROVIDING FOR LEASE TERMINATION FOLLOWING A
FIXED PERIOD OF NONPRODUCTION.
SECTION 5.1. THE HEADING OF ARTICLE XVI-M OF THE ACT, ADDED
JULY 13, 2016 (P.L.664, NO.85), IS AMENDED TO READ:
ARTICLE XVI-M
TRANSPORTATION NETWORK COMPANIES
[AND], MOTOR CARRIER COMPANIES AND PARKING AUTHORITY OF A CITY
OF THE FIRST CLASS
SECTION 6. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1603-M. REGULATION OF TAXICABS AND LIMOUSINES BY
PARKING AUTHORITY OF CITY OF THE FIRST CLASS.
FOR THE PURPOSE OF THE TEMPORARY AND FINAL-FORM REGULATIONS
REQUIRED UNDER 53 PA.C.S. § 57B02(C)(1) (RELATING TO REGULATION
OF TAXICABS AND LIMOUSINES) AND NOTWITHSTANDING 53 PA.C.S. §
5707 (RELATING TO BUDGET AND ASSESSMENTS), THE OWNER OF A
TAXICAB AUTHORIZED BY THE AUTHORITY TO PROVIDE TAXICAB SERVICE
IN A CITY OF THE FIRST CLASS SHALL PAY TO THE AUTHORITY AN
ASSESSMENT EQUAL TO 1% OF THE GROSS RECEIPTS FROM THE FARES
CHARGED TO PASSENGERS FOR TAXICAB SERVICE IN THE CITY OF THE
FIRST CLASS. THE AMOUNT ASSESSED MUST BE REMITTED ON A QUARTERLY
BASIS TO THE AUTHORITY.
SECTION 1604-M. PENALTIES.
(A) SUSPENSION OR REVOCATION.--IN ADDITION TO ANY OTHER
PENALTIES AUTHORIZED UNDER 53 PA.C.S. CH. 57A (RELATING TO
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TRANSPORTATION NETWORK COMPANIES), THE AUTHORITY MAY SUSPEND OR
REVOKE THE LICENSE OF A TRANSPORTATION NETWORK COMPANY WHICH
FAILS TO COMPLY WITH 53 PA.C.S. § 57A16(N)(2) (RELATING TO
OPERATING REGULATIONS).
(B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"AUTHORITY." AS DEFINED IN 53 PA.C.S. § 57A01 (RELATING TO
DEFINITIONS).
"LICENSE." AS DEFINED IN 53 PA.C.S. § 57A01.
"TRANSPORTATION NETWORK COMPANY." AS DEFINED IN 53 PA.C.S. §
57A01.
SECTION 1605-M. PROVISION OF TRANSPORTATION NETWORK SERVICE.
NOTWITHSTANDING ANY PROVISION UNDER 53 PA.C.S. § 57A08(A)(5)
(RELATING TO VEHICLE OWNERSHIP AND STANDARDS) OR 66 PA.C.S. §
2606(B) (RELATING TO PERSONAL VEHICLE REQUIREMENTS) TO THE
CONTRARY, A VEHICLE UP TO 15 MODEL YEARS OLD MAY BE USED TO
PROVIDE TRANSPORTATION NETWORK SERVICE.
SECTION 7. SECTION 1774.1-A OF THE ACT, AMENDED APRIL 25,
2016 (P.L.168, NO.25), IS AMENDED TO READ:
SECTION 1774.1-A. OTHER GRANTS.
(A) WATER AND SEWER.--FOR THE SPECIFIED FISCAL YEARS, FROM
FUNDS AVAILABLE TO THE AUTHORITY UNDER THIS ACT OR UNDER 58
PA.C.S. § 2315(A.1)(4) (RELATING TO STATEWIDE INITIATIVES), THAT
ARE UNRELATED TO INDEBTEDNESS INCURRED FOR THE PROGRAM, THE
FOLLOWING APPLY:
(1) FOR FISCAL YEAR 2013-2014, THE SUM OF $3,000,000
SHALL BE AVAILABLE FOR WATER AND SEWER PROJECTS WITH A COST
OF NOT LESS THAN $50,000 AND NOT MORE THAN $150,000.
(2) FOR FISCAL YEAR 2015-2016 AND 2016-2017, THE SUM OF
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$22,000,000 SHALL BE AVAILABLE FOR DISTRIBUTION OR
REIMBURSEMENT FOR WATER AND SEWER PROJECTS WITH A COST OF NOT
LESS THAN $30,000 AND NOT MORE THAN $500,000.
(3) FOR FISCAL YEAR 2017-2018, THE SUM OF $15,000,000
SHALL BE AVAILABLE FOR DISTRIBUTION OR REIMBURSEMENT FOR
WATER AND SEWER PROJECTS WITH A COST OF NOT LESS THAN $30,000
AND NOT MORE THAN $500,000.
(A.1) ADDITIONAL WATER AND SEWER.--IN ADDITION TO THE FUNDS
AVAILABLE UNDER SUBSECTION (A)(3), FOR FISCAL YEAR 2017-2018,
THE SUM OF $10,000,000 FROM THE TRUST ACCOUNT ESTABLISHED UNDER
64 PA.C.S. § 1541 (RELATING TO TRUST ACCOUNTS) FOR THE BUILDING
PENNSYLVANIA PROGRAM SHALL BE TRANSFERRED TO THE AUTHORITY FOR
DISTRIBUTION OR REIMBURSEMENT FOR WATER AND SEWER PROJECTS WITH
A COST OF NOT LESS THAN $30,000 AND NOT MORE THAN $500,000.
(B) GUIDELINES.--THE AUTHORITY SHALL ADOPT GUIDELINES FOR
THE APPROVAL OF APPLICATIONS UNDER THIS SECTION AND SHALL ENSURE
THAT GRANTS ARE MADE AVAILABLE TO ALL GEOGRAPHIC AREAS OF THIS
COMMONWEALTH.
(C) ELIGIBILITY.--AN APPLICATION FOR A WATER AND SEWER
PROJECT UNDER THIS SECTION MAY NOT BE DEEMED INELIGIBLE IF THE
PROJECT DETAILED IN THE APPLICATION IS FOR A PORTION OF A LARGER
PROJECT THE TOTAL COST OF WHICH EXCEEDS $500,000.
SECTION 8. SECTION 1713-A.1(B)(1.5) OF THE ACT, AMENDED JULY
13, 2016 (P.L.664, NO.85), IS AMENDED TO READ:
SECTION 1713-A.1. USE OF FUND.
* * *
(B) APPROPRIATIONS.--
* * *
(1.5) FOR FISCAL YEAR 2015-2016 [AND], FISCAL YEAR 2016-
2017 AND FISCAL YEAR 2017-2018, THE GENERAL ASSEMBLY
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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.
* * *
SECTION 9. THE DEFINITIONS OF "COMMISSION," "PENNSYLVANIA
BREEDING FUND" AND "PENNSYLVANIA SIRE STAKES FUND" IN SECTION
1721-A.1 OF THE ACT, ADDED JULY 13, 2016 (P.L.664, NO.85), ARE
AMENDED TO READ:
SECTION 1721-A.1. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBARTICLE
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SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"COMMISSION." THE STATE HORSE RACING COMMISSION ESTABLISHED
UNDER [ARTICLE XXVIII-D OF THE ACT OF APRIL 9, 1929 (P.L.177,
NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929] 3 PA.C.S. §
9311 (RELATING TO STATE HORSE RACING COMMISSION).
* * *
"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] 3 PA.C.S. § 9336 (RELATING TO PENNSYLVANIA
BREEDING FUND).
"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] 3 PA.C.S. § 9337 (RELATING TO
PENNSYLVANIA SIRE STAKES FUND).
SECTION 10. SECTIONS 1722-A.1(C), 1723-A.1(2) AND (3) AND
1733-A.1 OF THE ACT, AMENDED JULY 13, 2016 (P.L.664, NO.85), ARE
AMENDED TO READ:
SECTION 1722-A.1. PENNSYLVANIA RACE HORSE DEVELOPMENT FUND.
* * *
(C) DISTRIBUTIONS.--EXCEPT AS PROVIDED UNDER [SECTIONS 2813-
D AND 2874-D OF THE ADMINISTRATIVE CODE OF 1929] 3 PA.C.S. §§
9313 (RELATING TO BUDGET) AND 9374 (RELATING TO COSTS OF
ENFORCEMENT OF MEDICATION RULES OR REGULATIONS), 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.
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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:
* * *
(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
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ACCOUNT IN 22 EQUAL WEEKLY AMOUNTS BEGINNING ON THE
EFFECTIVE DATE OF THIS SUBPARAGRAPH.
(I.4) FOR FISCAL YEAR 2017-2018, 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), (I.2)
[AND], (I.3) AND (I.4) 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
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THE ORGANIZATION'S MEMBERS, THEIR FAMILIES, EMPLOYEES
AND OTHERS IN ACCORDANCE WITH THE RULES AND
ELIGIBILITY REQUIREMENTS OF THE ORGANIZATION, AS
APPROVED BY THE 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 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
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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. 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; 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 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) THE FOLLOWING SHALL APPLY:
(I) 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.
(II) FOR FISCAL YEAR 2017-2018, THE DEPARTMENT SHALL
TRANSFER $10,066,000 FROM THE FUND TO THE STATE RACING
FUND PURSUANT TO 3 PA.C.S. § 9374 (RELATING TO COSTS OF
ENFORCEMENT OF MEDICATION RULES OR REGULATIONS).
SECTION 1733-A.1. DRUG AND ALCOHOL PROGRAMS.
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FOR FISCAL YEAR 2015-2016 [AND], FISCAL YEAR 2016-2017 AND
FISCAL YEAR 2017-2018, $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 10.1. THE ACT IS AMENDED BY ADDING A SECTION TO
READ:
SECTION 1734-A.1. WORKERS' COMPENSATION SECURITY FUND.
NOTWITHSTANDING SECTION 2112 OF THE ACT OF JULY 12, 2016
(P.L.1577, NO.16A), KNOWN AS THE GENERAL APPROPRIATION ACT OF
2016, OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY AMOUNT
TRANSFERRED FROM THE WORKERS' COMPENSATION SECURITY FUND
PURSUANT TO SECTION 2112 SHALL BE REPAID TO THE WORKERS'
COMPENSATION SECURITY FUND BY JULY 1, 2019.
SECTION 11. SECTION 1741-A.1 OF THE ACT, ADDED APRIL 25,
2016 (P.L.168, NO.25), IS AMENDED TO READ:
SECTION 1741-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:
"AUTHORITY." THE COMMONWEALTH FINANCING AUTHORITY
ESTABLISHED UNDER 64 PA.C.S. CH. 15 (RELATING TO COMMONWEALTH
FINANCING AUTHORITY).
"FUND." THE NATURAL GAS INFRASTRUCTURE DEVELOPMENT FUND.
SECTION 12. SECTION 1743-A.1 OF THE ACT IS AMENDED BY ADDING
A SUBSECTION TO READ:
SECTION 1743-A.1. TRANSFER OF FUNDS.
* * *
(C) FISCAL YEAR 2017-2018.--FOR FISCAL YEAR 2017-2018, THE
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SUM OF $6,000,000 FROM THE TRUST ACCOUNT ESTABLISHED UNDER 64
PA.C.S. § 1541 (RELATING TO TRUST ACCOUNTS) FOR THE BUILDING
PENNSYLVANIA PROGRAM SHALL BE TRANSFERRED TO THE FUND FOR USE BY
THE AUTHORITY.
SECTION 12.1. ARTICLE XVII-A.1 OF THE ACT IS AMENDED BY
ADDING A SUBARTICLE TO READ:
SUBARTICLE F
FIRST CHANCE TRUST FUND
SECTION 1751-A.1. INTENT.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(1) AT-RISK YOUTH HAVE ENGAGED IN OR ARE AT RISK OF
ENGAGING IN CONDUCT THAT CAN BE A PRECURSOR TO DROPPING OUT
OF SCHOOL, ENGAGING IN CRIMINAL BEHAVIOR, ACQUIRING A LOW-
PAYING JOB AND BEING UNEMPLOYED.
(2) PROVIDING MORE OR BETTER OPPORTUNITIES FOR AT-RISK
YOUTH AND LEADING THEM AWAY FROM NEGATIVE SOCIAL ACTIVITIES
WILL RESULT IN BETTER OUTCOMES AND HELP PREVENT NEGATIVE
RESULTS.
(3) THIS SUBARTICLE IS INTENDED TO PROVIDE AT-RISK YOUTH
WITH CONSTRUCTIVE OPPORTUNITIES AND OPTIONS.
SECTION 1752-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:
"ANNUAL CONTRACT AMOUNT." THE AMOUNT OF REVENUE PAID TO A
CONTRACTOR IN THE FISCAL YEAR.
"CHILD." A CHILD UNDER 18 YEARS OF AGE WHO RESIDES IN THIS
COMMONWEALTH.
"COMMISSION." THE PENNSYLVANIA COMMISSION ON CRIME AND
DELINQUENCY.
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"COMMONWEALTH AGENCY." AN EXECUTIVE AGENCY, AN INDEPENDENT
AGENCY OR A STATE-AFFILIATED ENTITY.
"DEPARTMENT." THE DEPARTMENT OF CORRECTIONS OF THE
COMMONWEALTH.
"FUND." THE FIRST CHANCE TRUST FUND ESTABLISHED UNDER
SECTION 1753-A.1.
"PROGRAM." AN EVIDENCE-BASED OR OUTCOME-BASED PROGRAM FOR
CHILDREN WHO MEET THE ELIGIBILITY REQUIREMENTS DETERMINED BY THE
COMMISSION, AIMED AT REDUCING RISK FACTORS AND PRODUCING
POSITIVE OUTCOMES, WHICH MAY INCLUDE MENTORING, INDIVIDUAL
COUNSELING AND THERAPEUTIC SERVICES AND FAMILY-STRENGTHENING
ACTIVITIES.
"SCHOLARSHIP PROGRAM." A PROGRAM WHICH ASSISTS STUDENTS IN
OBTAINING EDUCATION OR OTHER VOCATIONAL TRAINING WHO MEET ALL OF
THE FOLLOWING CRITERIA:
(1) THE STUDENTS RESIDE WITHIN THIS COMMONWEALTH AND
ATTEND AN EDUCATIONAL OR VOCATIONAL TRAINING INSTITUTION
LOCATED IN THIS COMMONWEALTH.
(2) THE STUDENTS ARE 24 YEARS OF AGE OR YOUNGER.
(3) THE STUDENTS MEET OTHER ELIGIBILITY REQUIREMENTS AS
DETERMINED BY THE COMMISSION IN ACCORDANCE WITH THIS
SUBARTICLE.
SECTION 1753-A.1. FIRST CHANCE TRUST FUND.
THE FIRST CHANCE TRUST FUND IS ESTABLISHED AS A RESTRICTED
ACCOUNT IN THE GENERAL FUND.
SECTION 1754-A.1. USE OF FUND.
(A) SOURCE OF REVENUE.--THE FUND SHALL INCLUDE REVENUES FROM
THE FOLLOWING:
(1) CONTRIBUTIONS FROM SELECTED CONTRACTORS OF
DESIGNATED CONTRACTS AS SPECIFIED UNDER SECTION 1755-A.1.
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(2) GRANTS, GIFTS, DONATIONS AND OTHER PAYMENTS FROM A
PERSON, EXCEPT FOR A GOVERNMENT ENTITY.
(3) MONEY APPROPRIATED INTO THE FUND.
(B) APPROPRIATION.--MONEY IN THE FUND IS APPROPRIATED TO THE
COMMISSION ON A CONTINUING BASIS FOR PURPOSES SET FORTH UNDER
SUBSECTION (C).
(C) AUTHORIZATION.--THE COMMISSION MAY ALLOCATE REVENUES
FROM THE FUND FOR THE FOLLOWING PURPOSES:
(1) ESTABLISHING AND OPERATING A SCHOLARSHIP PROGRAM FOR
STUDENTS IN THOSE REGIONS OF THIS COMMONWEALTH WHICH HAVE
STATISTICALLY HIGHER HIGH SCHOOL DROPOUT RATES, INCARCERATION
RATES OR HIGH CRIME RATES AS DETERMINED BY THE COMMISSION.
(2) PROVIDING GRANTS TO PROGRAMS THAT BENEFIT CHILDREN
IN THOSE REGIONS OF THIS COMMONWEALTH WHICH HAVE
STATISTICALLY HIGHER HIGH SCHOOL DROPOUT RATES, INCARCERATION
RATES OR HIGH CRIME RATES AS DETERMINED BY THE COMMISSION.
(D) CONTRIBUTIONS.--THE COMMISSION MAY SOLICIT AND ACCEPT
GIFTS, DONATIONS, LEGACIES AND OTHER REVENUES FOR DEPOSIT INTO
THE FUND FROM A PERSON , EXCEPT FOR A GOVERNMENT ENTITY.
(E) OPERATION.--THE FOLLOWING APPLY:
(1) THE COMMISSION SHALL ADOPT A STATEMENT OF POLICY
WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS SECTION. THE
POLICY SHALL BE PUBLISHED AS A NOTICE IN THE PENNSYLVANIA
BULLETIN, BUT SHALL NOT BE SUBJECT TO REVIEW UNDER ANY OF THE
FOLLOWING:
(I) SECTION 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
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COMMONWEALTH ATTORNEYS ACT.
(III) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
KNOWN AS THE REGULATORY REVIEW ACT.
(2) NO PAYMENT SHALL BE MADE FROM THE FUND BEFORE THE
STATEMENT OF POLICY HAS BEEN PUBLISHED AS PROVIDED FOR UNDER
THIS SUBSECTION.
(3) AT A MINIMUM, THE STATEMENT OF POLICY SHALL:
(I) IDENTIFY RISK FACTORS THAT LEAD TO CRIMINAL
BEHAVIOR FOR CHILDREN AND STUDENTS IN REGIONS OF THIS
COMMONWEALTH WHICH HAVE STATISTICALLY HIGHER HIGH SCHOOL
DROPOUT RATES, HIGH INCARCERATION RATES OR ARE IN AREAS
OF HIGH CRIME, WHICH SHALL BE USED BY THE COMMISSION IN
DETERMINING ELIGIBILITY FOR ALLOCATION OF FUNDS.
(II) PROVIDE FOR THE MAINTENANCE AND USE OF THE
FUND.
(4) NO LESS THAN ONCE A YEAR, THE COMMISSION SHALL
REVIEW THE STATEMENT OF POLICY.
(F) REPORT.--BY JULY 31, 2018, AND EVERY YEAR THEREAFTER,
THE COMMISSION SHALL SUBMIT A REPORT TO THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE AND THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE JUDICIARY COMMITTEE
OF THE SENATE AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF
THE APPROPRIATIONS COMMITTEE AND THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE JUDICIARY COMMITTEE OF THE HOUSE OF
REPRESENTATIVES. THE REPORT SHALL SPECIFY ALL OF THE FOLLOWING:
(1) THE FUND'S REVENUES AND EXPENDITURES IN THE PRIOR
FISCAL YEAR.
(2) THE NUMBER OF ACADEMIC SCHOLARSHIPS AWARDED AND THE
NAME AND THE COUNTY OF RESIDENCE OF THE RECIPIENTS OF
ACADEMIC SCHOLARSHIPS.
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