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PRINTER'S NO. 1071
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
790
Session of
2017
INTRODUCED BY HUGHES, BROWNE, COSTA, ALLOWAY, GREENLEAF AND
RESCHENTHALER, JULY 6, 2017
REFERRED TO JUDICIARY, JULY 6, 2017
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 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 additional special funds, establishing the
First Chance Trust Fund.
The General Assembly of the Commonwealth of Pennsylvania
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hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.343, No.176), known
as The Fiscal Code, is amended by adding a subarticle to read:
SUBARTICLE F
FIRST CHANCE TRUST FUND
Section 1751-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.
"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 1752-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:
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(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 1752-A.1. First Chance Trust Fund.
The First Chance Trust Fund is established as a restricted
account in the General Fund.
Section 1753-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 1754-A.1.
(2) Grants, gifts, donations and other payments from an
individual, a person, a business entity, a nonprofit entity
or 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 or
incarceration rates as determined by the commission.
(2) Providing grants to programs that benefit younger
individuals in those regions of this Commonwealth which have
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statistically higher high school dropout rates or
incarceration 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 or government entity.
(e) Operation.--The following apply:
(1) The commission shall adopt a statement of policy for
the maintenance and use of the fund 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
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.
(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:
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(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.
(3) The number of grants awarded and the name and county
of residence of the grantees.
(g) Audit.--The Auditor General shall conduct an audit of
the fund's revenues and expenditures no later than three years
after the effective date of this section. The Auditor General
shall conduct subsequent audits of the fund's revenues and
expenditures no more than once every three years from the date
of the preceding audit. The Auditor General shall submit a
report of each audit to the Governor and 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.
Section 1754-A.1. Contributions to the fund.
(a) Department procurement.--The following apply:
(1) Within six months of the effective date of this
section, the department shall include a requirement in a
notice for invitations for bids under 62 Pa.C.S. § 512
(relating to competitive sealed bidding), a notice of request
for proposals under 62 Pa.C.S. § 513 (relating to competitive
sealed proposals) and a notice for sole source procurement
under 62 Pa.C.S. § 515 (relating to sole source procurement),
if the contract dollar threshold is expected to exceed
$5,000,000 annually, that the selected contractor contribute
the equivalent value of 1% of the annual contract amount to
the fund no later than June 30 of any fiscal year when the
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contract is in effect. The department may withhold the
equivalent of 1% of the annual contract amount and remit the
money to the fund on behalf of the selected contractor in
order to effectuate the contribution.
(2) Upon prior approval by the Secretary of Corrections,
the department may waive the contribution requirement under
paragraph (1).
(b) Commonwealth agency procurement.--Within six months of
the effective date of this section, a Commonwealth agency may
include a requirement in a notice for invitations for bids under
62 Pa.C.S. § 512, a notice of request for proposals under 62
Pa.C.S. § 513 and a notice for sole source procurement under 62
Pa.C.S. § 515, if the contract dollar threshold is expected to
exceed $5,000,000 annually, that the selected contractor
contribute the equivalent value of 1% of the annual contract
amount to the fund no later than June 30 of any fiscal year when
the contract is in effect. The Commonwealth agency may withhold
payment equivalent of 1% of the annual contract amount and remit
the payment to the fund on behalf of the selected contractor in
order to effectuate the contribution.
(c) Use.--Contributions under subsections (a) and (b) shall
be deposited into the fund and shall only be used for the
purposes set forth in section 1753-A.1(c).
(d) Deposits.--Within 15 days of the last day of each month,
the commission and the Office of the Budget, in consultation
with the State Treasurer, shall compute the total amount of
revenue from all sources received by the Commonwealth during the
immediately preceding month which shall be deposited into the
fund by the State Treasurer in accordance with this subarticle.
Section 2. This act shall take effect in 30 days.
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