Amendment 3064 to House Bill 453 P.N. 1501, Regular Session 2017-2018

H0453B1501A03064 AJM:EJH 07/26/17 #90 A03064

AMENDMENTS TO HOUSE BILL NO. 453

Sponsor: SENATOR BROWNE

Printer's No. 1501

Amend Bill, page 1, lines 1 through 31, by striking out all

of said lines and inserting

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," implementing the 2017-2018 Commonwealth budget

and instituting future budget implementation: in Treasury

Department, providing for provisions for General Assembly; in

Department of Auditor General, further providing for audits

of 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

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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

Budget Stabilization Reserve Fund, further providing for

funding; 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 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 suspension for inspection deficiencies, 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.

Amend Bill, page 2, lines 3 through 30; page 3, lines 1

through 30; page 4, lines 1 through 14; by striking out all of

said lines on said pages and inserting

Section 1. The General Assembly finds and declares as

follows:

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(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

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

act of July 11, 2017 (P.L. , No.1A), known as the General

Appropriation Act of 2017.

Section 1.1. The act of April 9, 1929 (P.L.343, No.176),

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known as The Fiscal Code, 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 the Chief Clerk of the House of

Representatives may direct.

(b) Upon presentation of requisitions by the Chief Clerk of

the Senate or the Chief Clerk of the House of Representatives,

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 1.2. 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

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

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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

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, 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

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

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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) 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

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

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.

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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

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.

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

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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).

(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

(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 5.2. 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.

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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

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 6. Section 1702-A of the act, amended July 13, 2016

(P.L.664, No.85), is amended to read:

Section 1702-A. Funding.

(a) Intent.--It is hereby declared as the intent and goal of

the General Assembly to create a stabilization reserve in an

eventual amount of 6% of the revenues of the General Fund of the

Commonwealth.

(b) Transfer of portion of surplus.--

(1) Except as may be provided in paragraph (2), for

fiscal years beginning after June 30, 2002, the following

apply:

(i) Except as set forth in this paragraph, if the

Secretary of the Budget certifies that there is a surplus

in the General Fund for a specific fiscal year, 25% of

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

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shall be deposited by the end of the next succeeding

quarter into the Budget Stabilization Reserve Fund.

(iii) No amount of the surplus in the General Fund

for fiscal year 2007-2008 may be deposited into the

Budget Stabilization Reserve Fund.

(iv) No amount of the surplus in the General Fund

for fiscal year 2010-2011 may be deposited into the

Budget Stabilization Reserve Fund.

(v) No amount of the surplus in the General Fund for

fiscal year 2011-2012 may be deposited into the Budget

Stabilization Reserve Fund.

(vi) No amount of the surplus in the General Fund

for fiscal year 2012-2013 may be deposited into the

Budget Stabilization Reserve Fund.

(vii) No amount of the surplus in the General Fund

for fiscal year 2013-2014 may be deposited into the

Budget Stabilization Reserve Fund.

(viii) No amount of the surplus in the General Fund

for fiscal year 2014-2015 may be deposited into the

Budget Stabilization Reserve Fund.

(ix) No amount of the surplus in the General Fund

for fiscal year 2015-2016 may be deposited into the

Budget Stabilization Reserve Fund.

(x) No amount of the surplus in the General Fund for

fiscal year 2016-2017 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.

time provide additional amounts from any funds available to this

Commonwealth as an appropriation to the Budget Stabilization

Reserve Fund.

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

$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.

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(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.

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) 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) Except as otherwise provided in paragraphs (1.1),

(1.2), (1.3), (1.4) and (1.5), the General Assembly

appropriates moneys in the fund in accordance with the

following percentages based on the annual payment received in

each year:

(i) Thirteen percent for home and community-based

services pursuant to Chapter 5 of the Tobacco Settlement

Act.

(ii) Four and five-tenths percent for tobacco use

prevention and cessation programs pursuant to Chapter 7

of the Tobacco Settlement Act.

(iii) Twelve and six-tenths percent for health and

related research pursuant to section 906 of the Tobacco

Settlement Act.

(iv) One percent for health and related research

pursuant to section 909 of the Tobacco Settlement Act.

(v) Eight and eighteen one-hundredths percent for

the uncompensated care payment program pursuant to

Chapter 11 of the Tobacco Settlement Act.

(vi) Thirty percent for the purchase of Medicaid

benefits for workers with disabilities pursuant to

Chapter 15 of the Tobacco Settlement Act.

(vii) Eight percent for the expansion of the PACENET

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

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appropriated for health-related purposes.

(1.1) For fiscal year 2013-2014, the General Assembly

appropriates money in the fund in accordance with the

following percentage based on the annual payment received

each year:

(i) Thirteen percent for home-based and community-

based services under Chapter 5 of the Tobacco Settlement

Act.

(ii) Two and ninety-three hundredths percent for

tobacco use prevention and cessation programs under

Chapter 7 of the Tobacco Settlement Act.

(iii) Six and three-tenths percent for health and

related research under section 906 of the Tobacco

Settlement Act.

(iv) One-half percent for health and related

research under section 909 of the Tobacco Settlement Act.

(v) Four and nine-hundredths percent for the

uncompensated care payment program under Chapter 11 of

the Tobacco Settlement Act.

(vi) Thirty percent for the purchase of Medicaid

benefits for workers with disabilities under Chapter 15

of the Tobacco Settlement Act.

(vii) Forty-three and eighteen hundredths percent

shall remain in the fund to be separately appropriated

for health-related purposes.

(1.2) For fiscal year 2014-2015, money in the fund from

a payment received due to the recalculation of a prior annual

payment shall remain in the fund to be separately

appropriated for health-related purposes.

(1.3) For fiscal year 2014-2015, the General Assembly

appropriates money in the fund in accordance with the

following percentages based on the annual payment received

each year:

(i) Thirteen percent for home-based and community-

based services under Chapter 5 of the Tobacco Settlement

Act.

(ii) Four and five-tenths percent for tobacco use

prevention and cessation programs under Chapter 7 of the

Tobacco Settlement Act.

(iii) Twelve and six-tenths percent for health and

related research under section 906 of the Tobacco

Settlement Act.

(iv) One percent for health and related research

under section 909 of the Tobacco Settlement Act.

(v) Eight and eighteen hundredths percent for the

uncompensated care payment program under Chapter 11 of

the Tobacco Settlement Act.

(vi) Fifteen and twelve hundredths percent for the

purchase of Medicaid benefits for workers with

disabilities under Chapter 15 of the Tobacco Settlement

Act.

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(vii) Forty-five and six-tenths percent shall remain

in the fund to be separately appropriated for health-

related purposes.

(1.4) For fiscal year 2015-2016 and fiscal year 2016-

2017, money in the fund from a payment received due to the

recalculation of a prior annual payment shall remain in the

fund to be separately appropriated for health-related

purposes.

(1.5) For fiscal year 2015-2016 [and], fiscal year 2016-

2017 and fiscal year 2017-2018, the General Assembly

appropriates money in the fund in accordance with the

following percentages based on the annual payment received

each year:

(i) Thirteen percent for home-based and community-

based services under Chapter 5 of the Tobacco Settlement

Act.

(ii) Four and five-tenths percent for tobacco use

prevention and cessation programs under Chapter 7 of the

Tobacco Settlement Act.

(iii) Twelve and six-tenths percent for health and

related research under section 906 of the Tobacco

Settlement Act.

(iv) One percent for health and related research

under section 909 of the Tobacco Settlement Act.

(v) Eight and eighteen hundredths percent for the

uncompensated care payment program under Chapter 11 of

the Tobacco Settlement Act.

(vi) Thirty percent for the purchase of Medicaid

benefits for workers with disabilities under Chapter 15

of the Tobacco Settlement Act.

(vii) Thirty and seventy-two hundredths percent

shall remain in the fund to be separately appropriated

for health-related purposes.

(2) In addition, any Federal funds received for any of

these programs are specifically appropriated to those

programs.

(3) All other payments and revenue received in the fund

other than the annual payment shall remain in the fund and

are available to be appropriated for health-related purposes.

* * *

Section 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

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,

2017/90AJM/HB0453A03064 - 13 -

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.

* * *

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.

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

2017/90AJM/HB0453A03064 - 14 -

account in equal weekly amounts sufficient to complete

the transfer by June 30, 2016.

(i.3) For fiscal year 2016-2017, the sum of

$19,659,000 in the fund shall be transferred to the

account in 22 equal weekly amounts beginning on the

effective date of this subparagraph.

(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

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

2017/90AJM/HB0453A03064 - 15 -

year shall not exceed $11,400,000.

(B) Of the money remaining to be distributed

under subparagraph (ii) after application of clause

(A), the following disbursements shall be made:

(I) Eighty-three and one-third percent of

the money to be distributed under this clause

shall be deposited on a weekly basis into a

separate, interest-bearing purse account to be

established by and for the benefit of the

horsemen. The earned interest on the account

shall be credited to the purse account. Licensees

shall combine these funds with revenues from

existing purse agreements to fund purses for live

races consistent with those agreements with the

advice and consent of the horsemen.

(II) For thoroughbred tracks, 16 and 2/3% of

the money to be distributed under this clause

shall be deposited on a weekly basis into the

Pennsylvania Breeding Fund. 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.

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:

2017/90AJM/HB0453A03064 - 16 -

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.

* * *

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. 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

2017/90AJM/HB0453A03064 - 17 -

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 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).

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 children

in those regions of this Commonwealth which have

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.

2017/90AJM/HB0453A03064 - 18 -

(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 of the

Senate, the chairperson and minority chairperson of the

Judiciary Committee of the Senate, the chairperson and minority

chairperson of the Appropriations Committee of the House of

Representatives and the chairperson and minority chairperson of

the 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.

(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, 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

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).

2017/90AJM/HB0453A03064 - 19 -

(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.

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 13. Section 1726-C(6) of the act is repealed:

Section 1726-C. Fund transfers.

The following shall apply:

* * *

[(6) Notwithstanding Subchapter C of Chapter 7 of the

act of March 20, 2002 (P.L.154, No.13), known as the Medical

Care Availability and Reduction of Error (Mcare) Act, the sum

of $200,000,000 shall be transferred from the unappropriated

surplus of the Pennsylvania Professional Liability Joint

Underwriting Association to the General Fund. The sum

transferred under this section shall be repaid to the

Pennsylvania Professional Liability Joint Underwriting

Association over a five-year period commencing July 1, 2018.

An annual payment amount shall be included in the budget

submission required under section 613 of the act of April 9,

1929 (P.L.177, No.175), known as The Administrative Code of

1929.]

* * *

Section 14. Sections 1718-E and 1719-E of the act are

amended to read:

Section 1718-E. Department of Agriculture.

(a) Appropriations.--The following shall apply to

appropriations for the Department of Agriculture:

(1) No expenditures may be made from the appropriation

for the payment to the State Farm Products Show Fund or from

the State Farm Products Show Fund for any activities

associated with the PAFE unless such activities take place on

the premises of the Farm Show Complex, Harrisburg,

Pennsylvania.

2017/90AJM/HB0453A03064 - 20 -

(2) The department may make allocations of

appropriations for development and operation of an open

livestock show, for planning and staging of an open dairy

show and for promotion and holding of annual local, regional

and State 4H clubs and Future Farmers of America dairy shows

as it deems appropriate, to an association whose purposes are

in accord with the purposes and intent of the appropriations.

Allocations under this paragraph shall be used for the

development and operation of Livestock, Dairy and Junior

Dairy Shows in the Pennsylvania Farm Show Complex, provided

that the funds allocated by the department shall only be used

for the specific items approved by the department in advance.

(b) Pennsylvania Malt and Brewed Beverages Industry

Promotion Board.--The members of the Pennsylvania Malt and

Brewed Beverages Industry Promotion Board established under

section 446.1 of the act of April 12, 1951 (P.L.90, No.21),

known as the Liquor Code, shall be entitled to reimbursement

from the Department of Agriculture for reasonable and necessary

expenses incurred in connection with the performance of their

duties as members of the board.

Section 1719-E. Department of Community and Economic

Development.

(a) Appropriations.--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).

(b) Expenditures for media advertising.--The provisions of

the act of December 20, 2015 (P.L.497, No.90), known as the

Taxpayer-Funded Advertising Transparency Act, shall not apply to

expenditures for media advertising authorized for the Department

of Community and Economic Development under section 4 or 5 of

the act of May 10, 1939 (P.L.111, No.51), known as the Commerce

Law.

contrary, in addition to the powers granted to an authority

under 53 Pa.C.S. § 5607 (relating to purposes and powers), an

authority may:

(1) Perform the replacement or remediation of private

water laterals and private sewer laterals for customers of

the authority if the authority determines that the

replacement or remediation will benefit the public health,

public water supply system or public sewer system. No

authority that has performed a replacement or remediation

shall be deemed to be the owner of a private water lateral or

private sewer lateral or be obligated to perform any other

duties unless determined necessary by the authority.

(2) Use public funds and utilize authority employees for

2017/90AJM/HB0453A03064 - 21 -

the replacement or remediation of private water laterals and

private sewer laterals if the authority determines that the

replacement or remediation will benefit the public health,

public water supply system or public sewer system. Before

using public funds the authority shall consider the

availability of public funds, equipment, personnel and

facilities and the competing demands of the authority for

public funds, equipment, personnel and facilities.

(3) Construct and maintain water or sanitary sewer pump

stations, public water distribution systems, public sewer

collection systems or similar general construction services

within the service area of the authority or by contract or

agreement with the authority.

(d) 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." An authority incorporated under 53 Pa.C.S. Ch.

56 (relating to municipal authorities).

"Private sewer lateral." A line on a property upon which a

building or structure is located that connects to a public sewer

system.

"Private water lateral." A line on a property upon which a

building or structure is located that connects to a public water

system.

Section 14.1. Section 1722-E of the act is amended by adding

a subsection to read:

Section 1722-E. Department of Education.

* * *

educational access program funding received in the 2017-2018

fiscal year by a school district identified for financial watch

status under section 694-A of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949, during the

2016-2017 school year shall be deemed to be a part of the school

district's allocation amount under section 2502.53(b)(1) of the

Public School Code of 1949 for the 2017-2018 school year and

each school year thereafter.

(d) Maximum school district market value.--Beginning July 1,

2017, for the purposes of the calculations described in section

2501(14) and (14.1) of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949, a school

district's market value shall not exceed $47,000,000,000 and, in

each subsequent year, the maximum market value shall be

increased by the percentage increase in market value for all

school districts.

Section 15. Section 1724.1-E of the act, amended July 13,

2016 (P.L.664, No.85), is amended to read:

Section 1724.1-E. Pennsylvania Gaming Control Board.

(a) Required deposit.--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

2017/90AJM/HB0453A03064 - 22 -

Pa.C.S. § 1209 (relating to slot machine license fee) received

by the Pennsylvania Gaming Control Board after June 30, 2014,

shall be deposited in and credited to the General Fund.

(b) 2016-2017 fiscal year.--Notwithstanding 4 Pa.C.S. Pt. II

or any other provision of law to the contrary, for any slot

machine license issued in the 2016-2017 fiscal year the

[Pennsylvania Gaming Control Board] board shall require the slot

machine license fee under subsection (a) and the fee under 4

Pa.C.S. § 13A61 (relating to table game authorization fee) to be

paid in full no later than June 30, 2017.

or any other provision of law to the contrary, for any slot

machine license issued in the 2017-2018 fiscal year the board

shall require the slot machine license fee under subsection (a)

and the fee under 4 Pa.C.S. § 13A61 to be paid in full no later

than June 30, 2018.

Section 15.1. Section 1729-E(2)(ii) and (3)(i) of the act,

amended April 25, 2016 (P.L.168, No.25), are amended to read:

Section 1729-E. Department of Human Services.

The following shall apply to appropriations for the

Department of Human Services:

* * *

(2) Federal and State medical assistance payments. The

following shall apply:

* * *

(ii) [(Reserved).] Notwithstanding any other

provision of law, the assessment implemented under

Article VIII-A of the act of June 13, 1967 (P.L.31,

No.21), known as the Human Services Code, shall be

remitted electronically in periodic submissions, as

specified by the Department of Human Services, not to

exceed five times per year. A nursing facility shall

report the total assessment amount owed on forms and in

accordance with instructions prescribed by the

department. The nursing facility shall remit the total

assessment amount owed by the due date specified by the

department, which shall not be prior to 30 days from the

date of the second notice published under section 805-

A(a) of the Human Services Code.

* * *

(3) The following shall apply:

(i) If, in any fiscal year, the annual appropriation

for payments to counties under section 704.1(a) of the

[act of June 13, 1967 (P.L.31, No.21), known as the]

Human Services Code[,] has not been enacted by September

1, an amount shall be appropriated as of September 1 to

the Department of Human Services for the purpose of

making payments to counties under section 704.1(g)(5) and

(g.1) of the Human Services Code that is equal to the

difference between:

(A) the amount of funds specified as the

2017/90AJM/HB0453A03064 - 23 -

aggregate child welfare needs-based budget allocation

by the General Assembly under section 709.3(c.1) of

the Human Services Code in the general appropriation

act for the immediately preceding fiscal year as

necessary to fund child welfare services provided for

that fiscal year; and

(B) the amount of funds actually provided for

reimbursement to counties during that fiscal year.

* * *

Section 15.2. Section 1753.1-E of the act, added July 13,

2016 (P.L.664, No.85), is amended to read:

Section 1753.1-E. Commonwealth Financing Authority Restricted

Revenue Account.

(a) Account.--There is established a restricted revenue

account within the General Fund for the purpose of making

principal and interest payments coming due in each fiscal year,

beginning July 1, 2016, or thereafter, for outstanding

indebtedness of the Commonwealth Financing Authority. The State

Treasurer, upon consultation with the Secretary of the Budget,

shall transfer from the general revenues of the Commonwealth

collected under Article II of the act of March 4, 1971 (P.L.6,

No.2), known as the Tax Reform Code of 1971, to the restricted

revenue account such amounts, as may be necessary, to make

payment for principal and interest obligations. The State

Treasurer and the Secretary of the Budget shall consider the

timing of principal and interest payments and General Fund cash

flow when determining transfer amounts. Transfer of general

revenues under this section shall not exceed the amount

certified under 64 Pa.C.S. § 1543(e) (relating to indebtedness).

(b) Reports.--Within ten days of the expiration of each

quarter of each fiscal year, the Secretary of the Budget shall

provide to the chairperson and minority chairperson of the

Appropriations Committee of the Senate and the chairperson and

minority chairperson of the Appropriations Committee of the

House of Representatives a report relating to the restricted

revenue account under subsection (a) that includes at least all

of the following:

(1) A list of transfers from the general revenues of the

Commonwealth collected under Article II of the act of March

4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971,

to the restricted revenue account in the preceding quarter.

(2) A list of projected transfers from the general

revenues of the Commonwealth collected under Article II of

the Tax Reform Code of 1971 to the restricted revenue account

that will be made in the succeeding four quarters.

(3) An itemized list of the principal and interest

payments and the timing of those payments made from the

restricted revenue account in the preceding quarter.

(4) An itemized list of the principal and interest

payments and the timing of those payments to be paid from the

restricted revenue account in the succeeding four quarters.

2017/90AJM/HB0453A03064 - 24 -

(5) An estimate of the total amount of outstanding

Commonwealth Financing Authority debt to be paid from the

restricted revenue account.

Section 16. Section 1795.1-E of the act is amended to read:

Section 1795.1-E. Surcharges.

(a) Legislative finding.--Due to reductions in revenue

available to the Commonwealth, it is necessary to increase

certain fees or surcharges to adequately fund the Unified

Judicial System.

(b) Imposition.--In addition to the fee under [42 Pa.C.S. §

3733.1(a)(1) (relating to surcharge)] section 2802-E(a)(1) of

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

Administrative Code of 1929, an additional surcharge of $10

shall be charged and collected by a division of the Unified

Judicial System. The provisions of section 2802-E(b) of The

Administrative Code of 1929 shall not apply to this subsection.

This subsection shall expire December 31, [2017] 2020.

Section 16.1. The act is amended by adding a section to

read:

Section 1798.3-E. Multimodal Transportation Fund.

(a) Department of Transportation.--From funds available to

the Department of Transportation under 74 Pa.C.S. § 2104(a)(2)

(relating to use of money in fund), the local match under 74

Pa.C.S. § 2106 (relating to local match) may be waived by the

Secretary of Transportation for good cause if the applicant for

assistance is a municipality.

(b) Commonwealth Financing Authority.--Notwithstanding the

provisions of 74 Pa.C.S. § 2106, a municipality receiving

financial assistance under 74 Pa.C.S. § 2104(a)(4) may not be

required to provide a local match.

"municipality" shall mean a city, borough, incorporated town or

township.

(d) Expiration.--This section shall expire December 31,

2018.

Section 16.2. Section 1799.1-E of the act is amended to

read:

Section 1799.1-E. Pennsylvania Liquor Control Board.

(a) License fees.--In order to encourage applications for

licensure for tavern gaming, the Pennsylvania Liquor Control

Board may reduce the license fee under section 905(c) of the act

of December 19, 1988 (P.L.1262, No.156), known as the Local

Option Small Games of Chance Act, to $500 upon approval of the

license.

(b) Unallocated grant money.--In any fiscal year when grant

money authorized under section 446.1 of the act of April 12,

1951 (P.L.90, No.21), known as the Liquor Code, remains

unallocated, the remaining amount of money shall be made

available for grants in subsequent fiscal years.

Section 16.3. The act is amended by adding sections to read:

Section 1799.5-E. Sales by distilleries.

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(a) General rule.--Notwithstanding any provision of the act

of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, to

the contrary, the holder of a distillery or limited distillery

license may sell liquor to the board and to persons not licensed

by the board. A distillery or limited distillery license holder

may also directly sell liquor to any license or permit holder

that is otherwise authorized to sell liquor. However, aggregate

sales to the license and permit holders may not exceed 50,000

gallons during a calendar year. A license or permit holder that

wishes to acquire liquor produced by a distillery or limited

distillery license holder after the producer has reached its

aggregate 50,000-gallon limit may still acquire the product if

it is available from the board. If a person holds more than one

distillery or limited distillery license, either directly or

through a wholly owned subsidiary, the sales from all such

licenses shall be considered when determining whether the

50,000-gallon limit has been reached.

(b) Definitions.--As used in this section, the term "board"

means the Pennsylvania Liquor Control Board.

Section 1799.6-E. Suspension for inspection deficiencies.

(a) Inspection deficiencies.--If the Pennsylvania Liquor

Control Board finds, through an inspection by one of the board's

employees, that a licensee does not meet a requirement under the

act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code,

or the Pennsylvania Liquor Control Board's regulations that

renders the licensee ineligible for the license, including, but

not limited to, those instances when the licensee no longer

meets the seating, square footage, food, health license or room

requirements for the license, the Pennsylvania Liquor Control

Board may immediately suspend the operating privileges of the

licensee and shall give written notice to the licensee as to the

exact deficiency observed. The operating privileges shall remain

suspended until the licensee can establish to the Pennsylvania

Liquor Control Board's satisfaction that the licensee is again

eligible for the license.

(b) Hearing.--If the Pennsylvania Liquor Control Board

refuses to reinstate the licensee's operating privileges, a

suspended licensee may request a hearing before the Commonwealth

Court solely on the issue of whether the licensee is eligible

for reinstatement of its operating privileges. The Commonwealth

Court may not lift a suspension imposed by the Pennsylvania

Liquor Control Board until after it holds a hearing.

shall be in addition to any other penalties provided by law.

(d) Continued fitness.--Other violations of the law or

questions as to the continued fitness of a licensee that are

currently addressed through the citation process under section

471 of the Liquor Code or the Pennsylvania Liquor Control

Board's nonrenewal process under section 470(a.1) of the Liquor

Code shall continue to be addressed in that manner and not

through the suspension process under this section.

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Section 1799.7-E. State Employees' Retirement System Restricted

Account.

(a) Authority.--Notwithstanding any other law to the

contrary, the State Employees' Retirement Board shall receive,

as part of the amounts transferred to the board, an amount of

$5,269,000 to be placed in a restricted account for use by the

board.

(b) Use of funds.--The funds shall only be expended for the

purpose of paying the administrative expenses of the board to

establish and implement the State Employees' Defined

Contribution Plan established under 71 Pa.C.S. Ch. 58 (relating

to State employees' defined contribution plan).

subsection (a) that are otherwise required to be transferred to

the board for any other purpose required by law.

Section 1799.8-E. Public School Employees' Retirement System

Restricted Account.

(a) Authority.--From the amounts appropriated but unexpended

for school employees' retirement for fiscal years prior to

fiscal year 2017-2018, the sum of $6,801,000 shall be

transferred to the Public School Employees' Retirement System

and placed in a restricted account for use by the board.

(b) Use of funds.--The funds transferred under subsection

(a) shall only be used for the purpose of paying the

administrative expenses of the board to establish and implement

the Public School Employees' Defined Contribution Plan

established under 24 Pa.C.S. Ch. 84 (relating to school

employees' defined contribution plan).

subsection (a) that are otherwise required to be transferred to

the board for any other purpose required by law.

Section 17. Sections 1706-E.2 and 1708-E.2(i) of the act,

added April 25, 2016 (P.L.168, No.25), are amended to read:

Section 1706-E.2. Sinking fund charges for school building

projects.

The following shall apply:

(1) All school districts which submitted completed

applications to the department prior to the effective date of

this section, and which vote to proceed with construction and

awarded bids on their construction contracts no later than

July 1, [2019] 2021, shall, as permitted by law, either be

awarded a one-time capital grant, if available, for the

approved project in lieu of approved reimbursement payments

or, if not available, shall receive payments in the form of

reimbursements.

(2) The department shall administer the payments due and

payable under this section, and shall determine the amount of

the capital grant due each school district which shall not

exceed the maximum reimbursable project amount.

Section 1708-E.2. Public School Building Construction and

Reconstruction Advisory Committee.

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* * *

(i) Report.--The committee shall issue a report not later

than [May 15,] October 31, 2017, of the committee's findings to

the Governor, the President pro tempore of the Senate, the

Majority Leader and Minority Leader of the Senate, the

Appropriations Committee and Education Committee of the Senate,

the Speaker of the House of Representatives, the Majority Leader

and Minority Leader of the House of Representatives, the

Appropriations Committee and Education Committee of the House of

Representatives and the Secretary of Education.

Section 18. 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-F and XVII-G of the act, added July 2,

2012 (P.L.823, No.87), are repealed.

Section 19. The act is amended by adding articles to read:

ARTICLE XVII-F

2017-2018 BUDGET IMPLEMENTATION

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 1701-F. Applicability.

Except as specifically provided in this article, this article

applies to the General Appropriation Act of 2017 and all other

appropriation acts of 2017.

Section 1702-F. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"CCDFBG." Child Care and Development Fund Block Grant.

"General Appropriation Act of 2017." The act of July 11,

2017 (P.L. , No.1A), known as the General Appropriation Act

of 2017.

"Human Services Code." The act of June 13, 1967 (P.L.31,

No.21), known as the Human Services Code.

"Public School Code of 1949." The act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949.

"Secretary." The Secretary of the Budget of the

Commonwealth.

"TANFBG." Temporary Assistance for Needy Families Block

Grant.

SUBARTICLE B

EXECUTIVE DEPARTMENTS

Section 1711-F. Governor (Reserved).

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Section 1712-F. Executive offices.

The following apply:

(1) Money 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 money for drug and alcohol and mental health

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 money appropriated to the commission, the

following apply:

(i) No less than the amount used in the 2014-2015

fiscal year shall be used to support the Statewide

Automated Victim Information and Notification System

(SAVIN) to provide offender information through county

jails.

(ii) No less than the amount used in the 2014-2015

fiscal year shall be used for a residential treatment

community facility for at-risk youth located in a county

of the fifth class.

(iii) From the amount appropriated, $100,000 shall

be used for an innovative police data sharing pointer

index system that will allow participating law

enforcement agencies access to incident report data.

(iv) From the amount appropriated, $200,000 shall be

used for a diversion program for first-time nonviolent

offenders facing prison sentences. The diversion program

must include education and employment services, case

management and mentoring.

(3) From money appropriated for violence and delinquency

prevention programs, no less than the amount used in the

2014-2015 fiscal year shall be used for programs in a city of

the second class, and no less than the amount used in the

2014- 2015 fiscal year shall be used for blueprint mentoring

programs that address reducing youth violence in cities of

the first, second and third class.

Section 1713-F. Lieutenant Governor (Reserved).

Section 1714-F. Attorney General.

From funds available to the Office of Attorney General,

$100,000 shall be allocated to dedicated emergency response

organizations or municipal police departments in a county of the

third class with a population between 340,000 and 355,000 under

the 2010 Federal decennial census. Funding shall be used for

training and the purchase of personalized radio transmitting

devices or other technology that enables caregivers to search

for and locate missing persons with special needs.

Section 1715-F. Auditor General.

The following apply:

(1) The Auditor General shall audit the Susquehanna

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River Basin Commission. The audit shall include a

comprehensive examination of the books, documents, records,

files, accounts, papers, things and property of the

Susquehanna River Basin Commission to determine all of the

following:

(i) The cost of salaries, benefits and other

compensation provided to the officers and employees of

the Susquehanna River Basin Commission.

(ii) The cost of expense reimbursements provided to

the officers and employees of the Susquehanna River Basin

Commission.

(iii) Other fixed and variable costs of the

commission.

(iv) The potential for improved efficiencies and

overall cost reductions, including an analysis of

duplication of Commonwealth efforts and the ability to

share equipment, services or personnel with Commonwealth

and local agencies.

(v) Contributions to the Susquehanna River Basin

Commission by the Commonwealth or any person within this

Commonwealth, whether via appropriations, fees, penalties

or otherwise, in comparison to other signatory parties.

(vi) The impact of the fees and penalties of the

Susquehanna River Basin Commission on public and private

entities within the Commonwealth.

(vii) Any other information that the Auditor General

deems advisable.

(2) The Auditor General shall audit the Delaware River

Basin Commission. The audit shall include a comprehensive

examination of the books, documents, records, files,

accounts, papers, things and property of the Delaware River

Basin Commission to determine all of the following:

(i) The cost of salaries, benefits and other

compensation provided to the officers and employees of

the Delaware River Basin Commission.

(ii) The cost of expense reimbursements provided to

the officers and employees of the Delaware River Basin

Commission.

(iii) Other fixed and variable costs of the

Delaware River Basin Commission.

(iv) The potential for improved efficiencies and

overall cost reductions, including an analysis of

duplication of Commonwealth efforts and the ability to

share equipment, services or personnel with Commonwealth

and local agencies.

(v) Contributions to the Delaware River Basin

Commission by the Commonwealth, or any person within this

Commonwealth, whether via appropriations, fees, penalties

or otherwise, in comparison to other signatory parties.

(vi) The impact of the fees and penalties of the

Delaware River Basin Commission on public and private

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entities within this Commonwealth.

(vii) Any other information that the Auditor General

deems advisable.

Section 1716-F. Treasury Department (Reserved).

Section 1717-F. Department of Aging (Reserved).

Section 1718-F. Department of Agriculture.

The following apply:

(1) From money appropriated for general government

operations, no less than the amount transferred in the 2014-

2015 fiscal year shall be transferred to the Dog Law

Restricted Account.

(2) From money appropriated for general government

operations, at least $250,000 shall be used for the creation

of the Commission of Agricultural Education Excellence to

assist in development and implementation of agricultural

education programming.

(3) From money appropriated for agricultural research,

no less than $300,000 shall be used for an agricultural

resource center and no less than $100,000 shall be used for

agricultural law research programs, including those

addressing energy development, in conjunction with a land-

grant university.

(4) From money appropriated for hardwoods research and

promotion, at least 80% of the money shall be equally

distributed among the hardwood utilization groups of this

Commonwealth established prior to the effective date of this

section.

(5) In addition to the uses provided in section 7.3 of

the act of June 18, 1982 (P.L.549, No.159), entitled, "An act

providing for the administration of certain Commonwealth

farmland within the Department of Agriculture," the

department may use up to a total of $165,000 in the

Agricultural Conservation Easement Purchase Fund under

section 7.1 of the act of June 18, 1982 (P.L.549, No.159),

entitled, "An act providing for the administration of certain

Commonwealth farmland within the Department of Agriculture,"

to issue grants not to exceed $3,000 each for succession

planning to ensure that agricultural operations continue on

land subject to agricultural conservation easements. The

department, in consultation with the State Agricultural Land

Preservation Board, shall establish eligibility criteria for

awarding grants under this paragraph.

Section 1719-F. Department of Community and Economic

Development.

The following shall apply to appropriations for the

Department of Community and Economic Development:

(1) From money appropriated for general government

operations at least $150,000 shall be used to support an

engineering study related to infrastructure investment and

marketing for an industrial development area in a county of

the sixth class with a population of at least 45,950 but not

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more than 46,500 under the most recent Federal decennial

census.

(2) From money appropriated for marketing to attract

tourists:

(i) $4,067,000 to fund the activities of the tourism

office within the department; and

(ii) the remaining amount includes an allocation to

plan and market a biennial arts and cultural activity

that generates Statewide and regional economic impact,

allocations to promote annual arts and cultural

activities and an allocation of $500,000 for an annual

Statewide competition serving approximately 2,000

athletes with intellectual disabilities from across this

Commonwealth to be held in a county of the fourth class.

(3) From money appropriated for Keystone Communities,

the following apply:

(i) $6,357,000 shall be used to fund the Main Street

Program, Elm Street Program and Enterprise Zone Program.

The allocation for the Main Street Program and Elm Street

Program shall be distributed in the same proportion as

amounts allocated in fiscal year 2012-2013.

(ii) $500,000 shall be used for an antiviolence task

force, in consultation with the Office of Attorney

General, in a county of the second class A that is also a

home rule county.

(iii) $600,000 shall be used for a community

development and remediation project in a city of the

third class with a population greater than 6,800 and less

than 7,600 during the most recent Federal decennial

census.

(iv) The remaining money shall be used for projects

supporting economic growth, community development and

municipal assistance throughout this Commonwealth.

(4) Funds appropriated for local municipal relief shall

include an allocation to provide State assistance to

individuals, persons or political subdivisions directly

affected by natural or man-made disasters, public safety

emergencies or other situations that pose a public safety

danger. State assistance may 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 shall be made available for

reimbursement in a disaster emergency area only when a

Presidential disaster declaration does not cover the area or

when the department determines that a public safety emergency

has occurred.

Section 1720-F. Department of Conservation and Natural

Resources.

The following shall apply to appropriations for the

Department of Conservation and Natural Resources:

(1) From money appropriated for State parks operations,

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no less than $2,250,000 shall be used for the operation and

maintenance of the Washington Crossing Historical Park.

(2) (Reserved).

Section 1721-F. Department of Corrections.

From the appropriation for general government operations of

the Department of Criminal Justice under section 212 of the act

of July 1, 2017 (P.L. , No.1A) known as the General

Appropriation Act of 2017, at least $1,500,000 shall be used by

the Department of Corrections for a nonnarcotic medication

assisted substance abuse treatment grant pilot program.

Section 1721.1-F. Department of Drug and Alcohol Programs

(Reserved).

Section 1722-F. 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, no less than the amount allocated in the

2014-2015 fiscal year shall be allocated for an after-school

learning program servicing low-income students located in a

county of the sixth class with a population, based on the

most recent Federal decennial census, of at least 60,000 but

not more than 70,000.

(2) From money appropriated for Pennsylvania Charter

Schools for the Deaf and Blind, $1,100,000 shall be

distributed pro rata based on each school's increased share

of required contributions for public school employees'

retirement.

(3) For the purposes of money appropriated for approved

private schools, a payment made under section 1722-L(6) shall

be considered part of the base allocation in section

1376(a.2) of the Public School Code of 1949.

(4) Notwithstanding any other provision of law, money

from the set aside under section 2509.8 of the Public School

Code of 1949 shall be allocated to each approved private

school with a day tuition rate determined to be less than

$32,000 during the 2010-2011 school year. The allocation

shall be no less than the amount allocated in the 2015-2016

fiscal year.

(5) From money appropriated for regional community

college services, all of the following shall apply:

(i) $900,000 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.

(ii) $5,000,000 shall be distributed to a college

established under Article XIX-G of the act of March 10,

1949 (P.L.30, No.14), known as the Public School Code of

1949.

(iii) $350,000 shall be distributed for a county of

the sixth class with a population of 75,000 to 85,000

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under the most recent Federal decennial census to

establish a program that targets postsecondary students.

(6) Notwithstanding any other provision of law, money

appropriated for community education councils shall be

distributed as follows:

(i) For a community education council headquartered

in Armstrong County, $167,000.

(ii) For a community education council headquartered

in Elk County, $260,000.

(iii) For a community education council

headquartered in Erie County, $246,000.

(iv) For a community education council headquartered

in Lawrence County, $116,000.

(v) For a community education council headquartered

in Potter County, $344,580.

(vi) For a community education council headquartered

in Schuylkill County, $304,189.

(vii) For a community education council

headquartered in Venango County, $338,000.

(viii) For a community education council

headquartered in Warren County, $270,000.

(ix) For a community education council headquartered

in Wayne County, $300,000.

(7) Notwithstanding section 1724-A of the Public School

Code of 1949 or 24 Pa.C.S. § 8329 (relating to payments on

account of social security deductions from appropriations),

no payments shall be made to charter schools, regional

charter schools or cyber charter schools authorized under

Article XVII-A of the Public School Code of 1949 from money

appropriated for school employees' Social Security.

(8) Notwithstanding section 1724-A of the Public School

Code of 1949 or 24 Pa.C.S. §§ 8326 (relating to contributions

by the Commonwealth) and 8535 (relating to payments to school

entities by Commonwealth), no payments shall be made to

charter schools, regional charter schools or cyber charter

schools authorized under Article XVII-A of the Public School

Code of 1949 from money appropriated for payment of required

contributions for public school employees' retirement.

Section 1723-F. Department of Environmental Protection.

The following apply:

(1) Funds appropriated for support of the Susquehanna

River Basin Commission shall be expended as follows:

(i) No more than 25% of the amount appropriated may

be expended each quarter of the fiscal year.

(ii) For each quarter of the fiscal year, amounts

shall be used as follows:

(A) For quarterly reimbursement to the Auditor

General for the costs incurred in auditing the

Susquehanna River Basin Commission under Section

1715-F(1).

(B) Any amount that may be expended in each

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quarter after reimbursement under clause (A) shall be

used for purposes provided under the act of July 17,

1968, (P.L.368, No.181), known as the Susquehanna

River Basin Compact Law.

(2) Funds appropriated for support of the Delaware River

Basin Commission shall be expended as follows:

(i) No more than 25% of the amount appropriated may

be expended each quarter of the fiscal year.

(ii) For each quarter of the fiscal year, amounts

shall be used as follows:

(A) For quarterly reimbursement to the Auditor

General for the costs incurred in auditing the

Delaware River Basin Commission under section 1715-

F(2).

(B) Any amount that may be expended in each

quarter after reimbursement under clause (A) shall be

used for purposes provided under the act of July 7,

1961 (P.L.518, No.268), known as the Delaware River

Basin Compact.

Section 1724-F. Department of General Services.

From money appropriated for capitol fire protection, the City

of Harrisburg shall use the money to support the provisions of

fire services to the Capitol complex.

Section 1725-F. Department of Health.

The following apply:

(1) From money appropriated for general government

operations, sufficient money shall be included for the

coordination of donated dental services and $100,000 is

included for outreach for Charcot-Marie-Tooth syndrome.

(2) From money appropriated for adult cystic fibrosis

and other chronic respiratory illnesses, no less than the

amount used in the 2014-2015 fiscal year shall be used for a

program promoting cystic fibrosis research in a county of the

second class, and no less than the amount used in the 2014-

2015 fiscal year shall be used for research related to

childhood cystic fibrosis in a city of the first class with a

hospital that is nationally accredited as a cystic fibrosis

treatment center and specializes in the treatment of

children.

(3) Money appropriated for lupus programs shall be

distributed in the same proportion as distributed in fiscal

year 2014-2015.

(4) Money appropriated for biotechnology research shall

include allocations for regenerative medicine research, for

regenerative medicine medical technology, for hepatitis and

viral research, for drug research and clinical trials related

to cancer, for genetic and molecular research for disease

identification and eradication, for nanotechnology and for

the commercialization of applied research.

Section 1726-F. Insurance Department (Reserved).

Section 1727-F. Department of Labor and Industry.

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The following shall apply to appropriations for the

Department of Labor and Industry:

(1) From money appropriated to the department for

transfer to the Vocational Rehabilitation Fund, the

department shall allocate money to provide services under the

act of May 17, 2016 (P.L.216, No.26), known as the Work

Experience for High School Students with Disabilities Act.

(2) From money appropriated for Industry Partnerships,

no less than the amount allocated in the 2014-2015 fiscal

year shall be allocated for a work force development program

that links veterans with employment in a home rule county

that was formerly a county of the second class A.

Section 1728-F. Department of Military and Veterans Affairs.

From the appropriation for behavioral health support for

veterans, $750,000 shall be used for programs providing

treatment for posttraumatic stress disorder for veterans.

Section 1729-F. Department of Human Services.

The following shall apply to appropriations for the

Department of Human Services:

(1) From the appropriation for general government

operations of the Department of Human Services, $750,000

shall be allocated to establish a Statewide 2-1-1 system

grant program to be used for the following purposes:

(i) To provide Statewide 2-1-1 system services 24

hours a day, including to regions of this Commonwealth

that do not have access to a provider of 2-1-1 system

services.

(ii) To expand access to 2-1-1 system services

through text-to-chat mobile application and the Internet.

(iii) To permit the disbursement of funds to

regional providers of 2-1-1 system services for

satisfying 2-1-1 quality assurance standards used by

similar programs in other states.

(2) The following shall apply:

(i) The department, upon approval of the secretary,

may transfer Federal money 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 money

will not result in a deficit in the appropriation. The

secretary shall provide notice 10 days prior to a

transfer under this subparagraph to the chairperson and

minority chairperson of the Appropriations Committee of

the Senate and the chairperson and minority chairperson

of the Appropriations Committee of the House of

Representatives.

(ii) The department, upon approval of the secretary,

may transfer Federal money 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

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transfer of money will not result in a deficit in the

appropriation. The secretary shall provide notice 10 days

prior to a transfer under this subparagraph to the

chairperson and minority chairperson of the

Appropriations Committee of the Senate and the

chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives.

(3) From money appropriated for mental health services

or from Federal money, $580,000 shall be used for the

following:

(i) The operation and maintenance of a network of

web portals that provide comprehensive referral services,

support and information relating to early intervention,

prevention and support for individuals with mental health

or substance abuse issues, county mental health offices,

providers and others that provide mental and behavioral

health treatment and related services.

(ii) The expansion of the existing web portals,

including services and resources for military veterans

and their families, including comprehensive referral

services for transitional, temporary and permanent

housing, job placement and career counseling and other

services for military veterans returning to civilian

life.

(4) The following shall apply:

(i) Payments to hospitals for Community Access Fund

grants shall be distributed under the formulas utilized

for these grants in fiscal year 2014-2015. If the total

funding available under this subparagraph is less than

that available in fiscal year 2014-2015, payments shall

be made on a pro rata basis.

(ii) Amounts allocated from money appropriated for

fee-for-service used for the Select Plan for Women

Preventative Health Services shall be used for women's

medical services, including noninvasive contraception

supplies.

(iii) Notwithstanding any other law, money

appropriated for medical assistance payments for fee-for-

service care, exclusive of inpatient services provided

through capitation plans, shall include sufficient money

for two separate All Patient Refined Diagnostic Related

Group payments for inpatient acute care general hospital

stays for:

(A) normal newborn care; and

(B) mothers' obstetrical delivery.

(iv) From money appropriated for medical assistance

fee-for-service care the following apply:

(A) No less than the amount used in the 2014-

2015 fiscal year shall be used for cleft palates and

other craniofacial anomalies.

(B) At least $800,000 shall be distributed to a

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hospital for clinical ophthalmologic services located

in a city of the first class.

2014-2015 fiscal year shall be distributed for

improvements to an intensive care facility in an

acute care hospital located in a city of the first

class.

(D) At least $5,000,000 shall be distributed to

a hospital in a city of the third class in a home

rule county that was formerly a county of the second

class A.

(E) At least $2,000,000 shall be distributed to

a university located in a city of the first class to

expand research and treatment protocols for combating

opioid addiction.

(v) From money appropriated for medical assistance

capitation, no less than the amount used in the 2014-2015

fiscal year shall be used for prevention and treatment of

depression and its complications in older Pennsylvanians

in a county of the second class.

(vi) From money appropriated for medical assistance

long-term care, no less than the amount distributed in

the 2014-2015 fiscal year shall be distributed to a

county nursing home located in a home rule county that

was formerly a county of the second class A with more

than 725 beds and a Medicaid acuity at .79 as of August

1, 2015, $1,000,000 shall be distributed to a nonpublic

nursing home located in a county of the first class with

more than 395 beds and a Medicaid acuity at 1.17 as of

August 1, 2016, to ensure access to necessary nursing

care in that county and $5,000,000 shall be distributed

to a nonpublic nursing home located in a county of the

eighth class with more than 119 beds and a Medicaid

acuity of 1.14 as of August 1, 2016, to ensure access to

necessary nursing home care in that county.

(vii) From money appropriated for medical assistance

long-term care, no less than $850,000 shall be allocated

to a special rehabilitation facility in Peer Group Number

13 in a city of the third class with a population between

115,000 and 120,000 based upon 2010 census data, and an

additional $750,000 shall be paid in equal payments to

nursing facilities that qualified for supplemental

ventilator care and tracheostomy care payments in fiscal

year 2014-2015 with a percentage of medical assistance

recipient residents who required medically necessary

ventilator care or tracheostomy care greater than 90%.

(viii) Subject to Federal approval of necessary

amendments of the Title XIX State Plan, from funds

appropriated for medical assistance long-term care,

$8,000,000 is allocated for quarterly medical assistance

day-one incentive payments to qualified nonpublic nursing

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facilities under methodology and criteria under section

12443.1(7)(v) of the Human Services Code.

(ix) Federal or State money appropriated under the

General Appropriation Act in accordance with Article

VIII-H of the Human Services Code, not used to make

payments to hospitals qualifying as Level III trauma

centers or seeking accreditation as Level III trauma

centers shall be used to make payments to hospitals

qualifying as Levels I and II trauma centers.

(x) Qualifying academic medical centers which

received money for fiscal year 2016-2017 shall not

receive any less than the State appropriation made

available to those academic medical centers during fiscal

year 2016-2017.

(xi) In addition to the money appropriated under

subparagraph (x), the following shall apply:

(A) A qualifying academic medical center with a

regional campus located in a county of the fourth

class shall receive an additional $1,000,000.

(B) A qualifying academic medical center located

in a county of the eighth class with a population of

more than 18,000 under the 2010 Federal decennial

census shall receive an additional $500,000.

in a county of the second class shall receive an

additional $500,000.

(D) A qualifying academic medical center located

in a county of the third class with a population

between 279,000 and 282,000 under the 2010 Federal

decennial census shall receive an additional

$1,000,000 and an academic medical center located in

a city of the first class that did not receive

funding during fiscal year 2010-2011 shall receive an

additional $500,000.

(xii) Qualifying university-affiliated physician

practice plans which received funds for fiscal year 2014-

2015 shall not receive any less than the State

appropriation made available to those university-

affiliated physician practice plans during fiscal year

2014-2015. From money appropriated for physician practice

plans:

(A) $1,500,000 shall be distributed to a health

system, containing a physician practice plan, located

in a city of the first class and a contiguous county

of the second class A which did receive funding

during fiscal year 2015-2016;

(B) at least $500,000 shall be distributed to a

physician practice plan serving a health system

located in a city of the first class and two

contiguous counties of the second class A that has an

independent academic center which did receive funding

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during fiscal year 2014-2015; and

care hospital affiliated with an academic medical

center located in a city of the second class in a

county of the second class that provides services to

Medicaid recipients and uninsured persons.

(xiii) Money appropriated for medical assistance

transportation shall only be utilized as a payment of

last resort for transportation for eligible medical

assistance recipients.

(5) The following shall apply:

(i) Money appropriated for breast cancer screening

may be used for women's medical services, including

noninvasive contraception supplies.

(ii) (Reserved).

(6) The following shall apply:

(i) Money 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 that operate

projects designed specifically to provide all or a

portion of these services. Projects receiving money

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.

(7) From money appropriated for autism intervention and

services, no less than the amount distributed in the 2014-

2015 fiscal year shall be distributed as follows:

(i) 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;

(ii) to an institution of higher education that

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;

(iii) to an institution of higher education that

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provides autism education and diagnostic curriculum and

is located in a county of the second class;

(iv) for programs to promote the health and fitness

of persons with developmental disabilities located in a

city of the first class; and

(v) $500,000 shall be allocated for the expansion of

an adult autism program in a county of the third class.

(8) Money 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.

(9) From money appropriated to child care services,

$150,000 shall be distributed to an early education center in

a county of the third class with the third most populous city

as of the 2010 census having a minimum total enrollment of

90, serving at least 40 children 13 months of age to children

of kindergarten age with both a 4-STAR rating from Keystone

STARS and accreditation by the National Association for the

Education of Young Children.

(10) The appropriation for blind and visual services

includes an allocation for a Statewide professional services

provider association for the blind to provide training and

supportive services for individuals who are blind and

preschool vision screenings and eye safety education and an

allocation to provide specialized services and prevention of

blindness services in cities of the first class. Allocations

shall be made in the amounts used for those purposes in

fiscal year 2014-2015.

(11) To supplement the money 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 Medicare and 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.

(12) The provisions of 8 U.S.C. §§ 1611 (relating to

aliens who are not qualified aliens ineligible for Federal

public benefits), 1612 (relating to limited eligibility of

qualified aliens for certain Federal programs) and 1642

(relating to verification of eligibility for Federal public

benefits) shall apply to payments and providers.

Section 1730-F. Department of Revenue.

The following shall apply to appropriations for the

Department of Revenue:

(1) The Enhanced Revenue Collection Account shall

continue as a restricted account within the General Fund

through fiscal year 2019-2020. Revenues collected and the

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amount of refunds avoided as a result of expanded tax return

reviews and tax collection activities shall be deposited into

the restricted account. The following shall apply:

(i) Of the money transferred under this paragraph in

the account, for each of the fiscal years 2017-2018

through 2019-2020, up to $30,000,000 is appropriated to

the department to fund the costs associated with expanded

tax return reviews and tax collection activities. The

balance of the money in the account shall be returned

proportionately to the General Fund revenue or refund

accounts that were the source of the money no later than

the 28th day of each month of the fiscal year.

(ii) The department shall issue a report to the

Governor, the chairperson and the minority chairperson of

the Appropriations Committee of the Senate and the

chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives

by June 1, 2018, and by each June 1 thereafter, with the

following information:

(A) A detailed breakdown of the department's

administrative costs in implementing expanded tax

return reviews and tax collection activities.

(B) The amount of revenue collected and the

amount of refunds avoided as a result of the expanded

tax return reviews and tax collection activities,

including the type of tax generating the revenue and

avoided refunds.

(2) (Reserved).

Section 1731-F. Department of State (Reserved).

Section 1732-F. Department of Transportation.

The following shall apply to appropriations for the

Department of Transportation:

(1) From amounts appropriated or any other money used by

the department during the 2017-2018 fiscal year, the

department may not use direct mail inserts in mailings from

the department. As used in this paragraph, the term "direct

mail inserts" includes coupons for commercial services,

advertising materials for a private commercial entity and

departmental documents which are sponsored by a private

commercial entity.

(2) (Reserved).

Section 1733-F. Pennsylvania State Police (Reserved).

Section 1734-F. State Civil Service Commission (Reserved).

Section 1735-F. Pennsylvania Emergency Management Agency.

The following shall apply to appropriations for the

Pennsylvania Emergency Management Agency:

(1) Money appropriated for search and rescue programs

shall be used to support programs related to training working

service dogs focusing on rescue and public safety.

(2) (Reserved).

Section 1736-F. Pennsylvania Fish and Boat Commission

2017/90AJM/HB0453A03064 - 42 -

(Reserved).

Section 1737-F. State System of Higher Education (Reserved).

Section 1737.1-F. State-related institutions (Reserved).

Section 1738-F. Pennsylvania Higher Education Assistance

Agency.

The following shall apply to appropriations for the

Pennsylvania Higher Education Assistance Agency:

(1) The Pennsylvania Higher Education Assistance Agency

shall enter into an agreement with the Department of Health

to transfer up to $4,550,000 from the Higher Education

Assistance Fund to the Department of Health for the purposes

set forth in Chapter 13 of the act of December 2, 1992

(P.L.741, No.113), known as the Children's Health Care Act.

(2) The Pennsylvania Higher Education Assistance Agency

shall allocate $500,000 from the Higher Education Assistance

Fund for the Cheyney University Keystone Academy.

(3) From funds appropriated for payment of education

assistance grants, the amount of $500,000 shall be allocated

to a State-owned university located in Tioga County for merit

scholarships.

Section 1739-F. Pennsylvania Historical and Museum Commission

(Reserved).

Section 1740-F. Pennsylvania Infrastructure Investment

Authority (Reserved).

Section 1741-F. Environmental Hearing Board (Reserved).

Section 1742-F. Pennsylvania Board of Probation and Parole

(Reserved).

Section 1743-F. (Reserved).

Section 1744-F. (Reserved).

Section 1745-F. (Reserved).

Section 1746-F. (Reserved).

Section 1747-F. (Reserved).

Section 1748-F. Commonwealth Financing Authority (Reserved).

Section 1749-F. Thaddeus Stevens College of Technology

(Reserved).

Section 1750-F. Pennsylvania Housing Finance Agency (Reserved).

Section 1751-F. LIHEABG (Reserved).

SUBARTICLE C

STATE GOVERNMENT SUPPORT AGENCIES

Section 1761-F. Health Care Cost Containment Council

(Reserved).

Section 1762-F. State Ethics Commission (Reserved).

Section 1763-F. Legislative Reference Bureau (Reserved).

Section 1764-F. Legislative Budget and Finance Committee

(Reserved).

Section 1765-F. Legislative Data Processing Committee

(Reserved).

Section 1766-F. Joint State Government Commission (Reserved).

Section 1767-F. Joint Legislative Air and Water Pollution

Control and Conservation Committee (Reserved).

Section 1768-F. Legislative Audit Advisory Commission

2017/90AJM/HB0453A03064 - 43 -

(Reserved).

Section 1769-F. Independent Regulatory Review Commission

(Reserved).

Section 1770-F. Capitol Preservation Committee (Reserved).

Section 1771-F. Pennsylvania Commission on Sentencing

(Reserved).

Section 1772-F. Center for Rural Pennsylvania (Reserved).

Section 1773-F. Commonwealth Mail Processing Center (Reserved).

Section 1774-F. Transfers (Reserved).

SUBARTICLE D

JUDICIAL DEPARTMENT

Section 1781-F. Supreme Court (Reserved).

Section 1782-F. Superior Court (Reserved).

Section 1783-F. Commonwealth Court (Reserved).

Section 1784-F. Courts of common pleas (Reserved).

Section 1785-F. Community courts; magisterial district judges

(Reserved).

Section 1786-F. Philadelphia Traffic Court (Reserved).

Section 1787-F. Philadelphia Municipal Court (Reserved).

Section 1788-F. Judicial Conduct Board (Reserved).

Section 1789-F. Court of Judicial Discipline (Reserved).

Section 1790-F. Juror cost reimbursement (Reserved).

Section 1791-F. County court reimbursement (Reserved).

Section 1792-F. Senior judges (Reserved).

Section 1793-F. Transfer of money by Supreme Court (Reserved).

SUBARTICLE E

GENERAL ASSEMBLY

(Reserved)

ARTICLE XVII-G

2017-2018 RESTRICTIONS ON APPROPRIATIONS

FOR FUNDS AND ACCOUNTS

Section 1701-G. Applicability.

Except as specifically provided in this article, this article

applies to the act of July 11, 2017 (P.L. , No.1A), known as

the General Appropriation Act of 2017, and all other

appropriation acts of 2017.

Section 1702-G. State Lottery Fund.

The following apply:

(1) Money appropriated for PENNCARE shall not be

utilized for administrative costs by the Department of Aging.

(2) (Reserved).

Section 1703-G. Tobacco Settlement Fund (Reserved).

Section 1704-G. Judicial Computer System Augmentation Account

(Reserved).

Section 1705-G. Emergency Medical Services Operating Fund

(Reserved).

Section 1706-G. The State Stores Fund (Reserved).

Section 1707-G. Motor License Fund (Reserved).

Section 1708-G. Aviation Restricted Account (Reserved).

Section 1709-G. Hazardous Material Response Fund (Reserved).

Section 1710-G. Milk Marketing Fund (Reserved).

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Section 1711-G. HOME Investment Trust Fund (Reserved).

Section 1712-G. Tuition Account Guaranteed Savings Program Fund

(Reserved).

Section 1713-G. Banking Fund (Reserved).

Section 1714-G. Firearm Records Check Fund (Reserved).

Section 1715-G. Ben Franklin Technology Development Authority

Fund (Reserved).

Section 1716-G. Oil and Gas Lease Fund (Reserved).

Section 1717-G. Home Improvement Account (Reserved).

Section 1718-G. Cigarette Fire Safety and Firefighter

Protection Act Enforcement Fund (Reserved).

Section 1719-G. Insurance Regulation and Oversight Fund

(Reserved).

Section 1720-G. Pennsylvania Racehorse Development Restricted

Receipt Account (Reserved).

Section 1721-G. Justice Reinvestment Fund.

The following shall apply:

(1) Section 8.1(f) of the act of November 22, 1978

(P.L.1166, No.274), referred to as the Pennsylvania

Commission on Crime and Delinquency Law, shall not apply to

fiscal year 2017-2018.

(2) (Reserved).

Section 1722-G. Multimodal Transportation Fund (Reserved).

Section 1723-G. State Racing Fund (Reserved).

Section 1724-G. ABLE Savings Program Fund (Reserved).

Section 1725-G. 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).

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. § 460l-4 et seq.).

(3) National Forest Reserve Allotment.

(d) Department of Education.--The following restricted

receipt accounts may be established for the Department of

Education:

(1) Education of the Disabled - Part C.

(2) LSTA - Library Grants.

(3) The Pennsylvania State University Federal Aid.

(4) Emergency Immigration Education Assistance.

(5) Education of the Disabled - Part D.

(6) Homeless Adult Assistance Program.

(7) Severely Handicapped.

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(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

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 20. Repeals are as follows:

(1) The General Assembly declares that the repeals under

paragraph (2) are necessary to effectuate the amendment or

addition of sections 1601-E and 1601.2-E of the act.

(2) The following provisions are repealed:

(i) The 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."

(ii) 58 Pa.C.S. §§ 2504 and 2505.

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(3) The General Assembly declares that the repeal under

paragraph (4) is necessary to effectuate the addition of

section 1603-M of the act.

(4) 53 Pa.C.S. § 57B02(c)(1)(i) and (ii) are repealed.

Section 21. This act shall take effect as follows:

(1) The amendment of section 403 of the act shall take

effect in 60 days.

(2) The addition of Subarticle F of Article XVII-A.1 of

the act shall take effect in 30 days.

(3) The remainder of this act shall take effect

immediately.

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