Amendment 5977 to House Bill 1083 P.N. 1256, Regular Session 2019-2020

H1083B1256A05977 AJM:JMT 05/27/20 #90 A05977

AMENDMENTS TO HOUSE BILL NO. 1083

Sponsor: SENATOR BROWNE

Printer's No. 1256

Amend Bill, page 1, lines 1 through 33; page 2, lines 1

through 3; by striking out all of said lines on said pages 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 cancer control, prevention and research, for

ambulatory surgical center data collection, for the Joint

Underwriting Association, for entertainment business

financial management firms, for private dam financial

assurance and for reinstatement of item vetoes; 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

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Commonwealth," in bonus and tax reports and returns and

reports and records relating to tax collections, repealing

provisions relating to capital stock and franchise tax

reports and payment of tax; in financially distressed

municipalities, providing for emergency plan extension, in

oil and gas wells, further providing for Oil and Gas Lease

Fund; in transportation network companies, motor carrier

companies and parking authority of a city of the first class,

further providing for transportation network company

extension; providing for assessments; in additional special

funds and restricted accounts, further providing for

establishment of special fund and account, for use of fund

and for distributions from Pennsylvania Race Horse

Development Fund; in general budget implementation, further

providing for reports to General Assembly, for Pennsylvania

Gaming Control Board, for Department of Health, for State

Employees' Retirement System, for surcharges, for Multimodal

Transportation Fund and for Liquor Code term; providing for

2020-2021 budget implementation and for 2020-2021

restrictions on appropriations for funds and accounts; and

making related repeals.

Amend Bill, page 2, lines 6 through 30, by striking out all

of said lines and inserting

Section 1. The General Assembly finds and declares as

follows:

(1) The intent of this act is to provide for the

implementation of the 2020-2021 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

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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

2020-2021 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 2020-2021 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 (P.L. , No. ), known as the General

Appropriation Act of 2020.

Section 2. Section 707 of the act of April 9, 1929 (P.L.343,

No.176), known as The Fiscal Code, is repealed:

[Section 707. Capital Stock and Franchise Tax Reports and

Payment of Tax.--Except in the case of corporations of the first

class, and cooperative agricultural associations not having

capital stock and not conducted for profit, banks, savings

institutions, title insurance or trust companies, building and

loan associations, and foreign insurance companies, every

corporation, joint-stock association, limited partnership, and

other company, liable to pay to the Commonwealth a capital stock

tax upon the value of all or a part of its capital stock, or a

franchise tax with respect to its capital or property employed

or used in this Commonwealth, shall make, annually, a capital

stock report to the Department of Revenue, on or before the

fifteenth day of April, for the calendar year next preceding.

With such report, shall be filed any statement necessary to

enable the Department of Revenue to determine the amount of any

deduction or exemption to which any such taxpayer is entitled.

Every corporation, joint-stock association, limited partnership,

and other company, at the time of making every report required

by this section, shall compute and pay to the department the

capital stock tax or franchise tax, as the case may be, due to

the Commonwealth upon or with respect to the value of its

capital stock.]

Section 2.1. The act is amended by adding a section to read:

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Section 1604-D.1. Emergency plan extension.

A municipality operating pursuant to a recovery plan under

the act of July 10, 1987 (P.L.246, No.47), known as the

Municipalities Financial Recovery Act, shall be eligible for an

18-month extension beyond the time limit imposed under section

254 of the Municipalities Financial Recovery Act.

Section 3. Sections 1601.2-E(e) and 1606-M of the act,

amended or added June 28, 2019 (P.L.173, No.20), are amended to

read:

Section 1601.2-E. Oil and Gas Lease Fund.

* * *

(e) Annual transfers.--The following apply:

(1) (i) Except as provided under subparagraph (ii), 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.

(ii) No amount shall be transferred from the fund to

the Marcellus Legacy Fund for distribution to the

Environmental Stewardship Fund for the 2019-2020 and

2020-2021 fiscal year.

(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 1606-M. Transportation network company extension.

Notwithstanding 53 Pa.C.S. § 57A22(1) (relating to

assessment), the provisions of 53 Pa.C.S. § 57A22 shall not

expire until [December 31, 2020] December 31, 2022.

Section 4. The act is amended by adding an article to read:

ARTICLE XVI-O

ASSESSMENTS

Section 1601-O. Managed care organization assessment.

Notwithstanding any other provision of law, the assessment

authorized and implemented under Article VIII-I of the act of

June 13, 1967 (P.L.31, No.21), known as the Human Services Code,

shall continue and remain in effect until June 30, 2025.

Beginning July 1, 2020, the fixed fee required under section

803-I(b) of the Human Services Code shall be $24.95 and remain

in effect until June 30, 2025. The assessment, including the

fixed fee, shall remain subject to the provisions of Article

VIII-I of the Human Services Code.

Sections 5. Sections 1712-A.1(a)(2)(ii) and 1713-A.1(b)(1.7)

of the act, amended or added June 28, 2019 (P.L.173, No.20), are

amended to read:

Section 1712-A.1. Establishment of special fund and account.

(a) Tobacco Settlement Fund.--

* * *

(2) The following shall be deposited into the Tobacco

Settlement Fund:

* * *

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(ii) For [the] fiscal years 2019-2020 [fiscal year]

and 2020-2021, an amount equal to the annual debt service

due in the [2019-2020] fiscal year as certified by the

Secretary of the Budget pursuant to section 2804 of the

Tax Reform Code of 1971, as published in the Pennsylvania

Bulletin on March 3, 2018, at 48 Pa.B. 1406, shall be

transferred to the fund from the taxes collected under

Article XII of the Tax Reform Code of 1971 by April 30[,

2020.] following the beginning of the fiscal year. A

deposit under this paragraph shall occur prior to the

deposits and transfers under section 1296 of the Tax

Reform Code of 1971.

* * *

Section 1713-A.1. Use of fund.

* * *

(b) Appropriations.--The following shall apply:

* * *

(1.7) For fiscal [year] years 2019-2020 and 2020-2021,

the General Assembly appropriates money in the fund in

accordance with the following percentages based on the sum of

the portion of the annual payment deposited and the amount

deposited under section 1712-A.1(a)(2)(ii) in the fiscal

year:

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

prevention and cessation programs under Chapter 7 of the

Tobacco Settlement Act.

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

related research under section 906 of the Tobacco

Settlement Act.

(iii) One percent for health and related research

under section 909 of the Tobacco Settlement Act.

(iv) Eight and eighteen hundredths percent for the

uncompensated care payment program under Chapter 11 of

the Tobacco Settlement Act.

(v) Thirty percent for the purchase of Medicaid

benefits for workers with disabilities under Chapter 15

of the Tobacco Settlement Act.

(vi) Forty-three and seventy-two hundredths percent

shall remain in the fund to be separately appropriated

for health-related purposes.

* * *

Section 6. Section 1723-A.1(2) and (3) of the act, amended

June 28, 2019 (P.L.173, No.20), are amended to read:

Section 1723-A.1. Distributions from Pennsylvania Race Horse

Development Fund.

Funds in the fund are appropriated to the department on a

continuing basis for the purposes set forth in this subsection

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

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follows:

(i) For fiscal years 2013-2014 and 2014-2015, each

week, $802,682 in the fund shall be transferred to the

account. This transfer shall not exceed $17,659,000

annually.

(i.1) In addition to the transfer under subparagraph

(i), for a total of 14 weeks from the effective date of

this subparagraph, each week, $300,000 shall be

transferred from the fund, for a total amount of

$4,200,000, to the State Racing Fund to be used

exclusively for the enforcement of the act of December

17, 1981 (P.L.435, No.135), known as the Race Horse

Industry Reform Act. Moneys transferred pursuant to this

subparagraph shall not be transferred subsequently to any

other State fund or account for any purpose.

(i.2) For fiscal year 2015-2016, beginning on the

effective date of this subparagraph, the sum of

$25,759,000 in the fund shall be transferred to the

account in equal weekly amounts sufficient to complete

the transfer by June 30, 2016.

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

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

account in 22 equal weekly amounts beginning on the

effective date of this subparagraph.

(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.

(i.5) For fiscal year 2018-2019, 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.6) For fiscal year 2019-2020, 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.7) For fiscal year 2020-2021, the sum of

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

account in 22 weekly amounts beginning on September 1,

2020.

(ii) Each week, the money remaining in the fund

after any transfer under subparagraphs (i), (i.1), (i.2),

(i.3), (i.4), (i.5) [and], (i.6) and (i.7) 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

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(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

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

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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).

(iii) For fiscal year 2018-2019, the department

shall transfer $10,066,000 from the fund to the State

Racing Fund pursuant to 3 Pa.C.S. § 9374.

(iv) For fiscal year 2019-2020, the department shall

transfer $10,066,000 from the fund to the State Racing

Fund pursuant to 3 Pa.C.S. § 9374.

(v) For fiscal year 2020-2021, the department shall

transfer $10,066,000 from the fund to the State Racing

Fund pursuant to 3 Pa.C.S. § 9374(a). 3 Pa.C.S. § 9374(a)

shall expire June 30, 2022.

Section 7. Sections 1706-E and 1724.1-E of the act are

amended by adding subsections to read:

Section 1706-E. Reports to General Assembly.

* * *

(d) State of emergency.--The General Assembly or a local

governmental body or agency may not enact or enforce a law,

rule, regulation or ordinance imposing a tax on or relating to

the use, disposition, sale, prohibition or restriction of

single-use plastics, auxiliary containers, wrappings or

polystyrene containers, until July 1, 2021, or 6 months after

the order issued by the Governor on March 6, 2020, published at

50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of

disaster emergency, whichever is later.

Section 1724.1-E. Pennsylvania Gaming Control Board.

* * *

(c.1) Sports wagering certificate holders.--The following

apply:

(1) In addition to the locations provided under 4

Pa.C.S. §§ 13C11 (relating to authorization to conduct sports

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wagering) and 13C21 (relating to authorized locations for

operation), a Category 1, Category 2 or Category 3 slot

machine licensee that holds a sports wagering certificate and

is an affiliate of a Category 4 slot machine licensee may

conduct sports wagering at a Category 4 licensed facility

under the Category 1, Category 2 or Category 3 slot machine

licensee's sports wagering certificate.

(2) For purposes of this subsection, the term

"affiliate" shall have the same meaning as under 4 Pa.C.S. §

1103.

* * *

(e) Category 4 slot machine license auction.--

Notwithstanding 4 Pa.C.S. Pt. II or any other provision of law

to the contrary, the following shall apply:

(1) Within 90 days of the effective date of this

subsection, the board shall conduct an auction pursuant to 4

Pa.C.S. § 1305.2(c)(12) of any Category 4 slot machine

license for which the board has denied the application filed

by the winning bidder of an initial auction, subject to the

limitations under paragraphs (2), (3) and (4).

(2) In conducting the auction under this subsection, the

following shall apply:

(i) The board shall conduct the auction according to

the procedures under 4 Pa.C.S. § 1305.2(c).

(ii) The board shall set the date, time and location

of the auction at least two weeks prior to the auction

and make auction information available on the board's

publicly accessible Internet website.

(iii) If the auction fails to generate a bid,

further auctions may not be conducted.

(iv) Eligible bidders must be one of the following:

(A) A s lot machine licensee as defined under 4

Pa.C.S. § 1103 that satisfies the following:

(I) the slot machine licensee's license and

table games operation certificate are in good

standing with the board; and

(II) the slot machine licensee agrees to

locate a Category 4 licensed facility as provided

under 4 Pa.C.S. § 1305.1(b)(1), (3), (4), (5),

(6) and (7).

(B) A p erson with an ownership interest in a

slot machine licensee as defined under 4 Pa.C.S. §

1103 that satisfies the following:

(I) the person holds a license in good

standing issued by the board;

(II) the person satisfies the requirements

of 4 Pa.C.S. Part II and any criteria established

by the board for licensure, including, but not

limited to, financial and character suitability

requirements, and has been approved by the board;

and

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(III) the person agrees to locate a Category

4 licensed facility as provided under 4 Pa.C.S. §

1305.1(b)(1), (3), (4), (5), (6) and (7).

(3) A winning bidder's Category 4 location may not be

located within 40 linear miles of a licensed facility, as

defined under 4 Pa.C.S. § 1103, or a proposed Category 4

licensed facility.

(4) A winning bidder that is not an existing slot

machine licensee shall follow the procedures set forth under

4 Pa.C.S. § 1305.1(d)(3)(iii) by filing a petition with the

board to operate slot machines and paying the authorization

fee per authorized slot machine.

Section 8. Sections 1725-E(a) and (b) and 1748-E of the act

are amended to read:

Section 1725-E. Department of Health.

(a) Issuance of certificates of death.--For the issuance of

certificates of death by a local registrar under section 609-

A(a)(6)(ii) of the act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, the following shall apply:

(1) A local registrar shall issue certificates of death

from original certificates of death in its possession upon

completion of a period of instruction on the preparation of

certificates by representatives of the Division of Vital

Records.

(2) Each fee received by the local registrar under

section 609-A(a)(6)(ii) of The Administrative Code of 1929

shall be distributed, retained or transmitted to the

Department of Health as follows:

(i) The following apply:

(A) Except as provided under clause (B), $3

shall be retained by the local registrar.

(B) If the limitation under [section 304(c)(1)

of the act of June 29, 1953 (P.L.304, No.66), known

as the Vital Statistics Law of 1953,] paragraph (3)

has been reached, $3 shall be transmitted to the

Department of Health for deposit in the General Fund.

(ii) Sixteen dollars shall be transmitted to the

Department of Health for deposit in the Vital Statistics

Improvement Account.

(iii) One dollar shall be transmitted to the

Department of Health for distribution to the county

coroner or medical examiner as provided for under section

206 of the act of June 29, 1953 (P.L.304, No.66), known

as the Vital Statistics Law of 1953.

(3) The following shall apply:

(i) Notwithstanding section 304(c)(1) of the Vital

Statistics Law of 1953, a local registrar may not be

compensated in excess of $85,000 in any one calendar

year.

(ii) Fees received from certificates of death issued

after March 6, 2020, and during the duration of the

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proclamation of disaster emergency issued by the Governor

on March 6, 2020, published at 50 Pa.B. 1644 (March 21,

2020), and any renewal of the state of disaster

emergency, shall not apply to the limitation on

compensation under subparagraph (i).

(b) [(Reserved).] If a person holds a permit to operate as a

medical marijuana grower/processor under the act of April 17 ,

2016 (P.L.84, No.16), known as the Medical Marijuana Act, and

the permit is surrendered, revoked or otherwise forfeited

because the permittee misrepresented information on its initial

or renewal permit application, the Department of Health shall

issue the grower/processor permit to the next most qualified

applicant in the same region according to the department's

ranking and scoring in the application phase during which the

initial permit was issued. This provision does not apply to

permits issued under section 2002 of the Medical Marijuana Act.

Section 1748-E. State Employees' Retirement System

[(Reserved)].

(a) Per-participant charge.--In addition to the State

Employees' Retirement Board's authority to allocate

proportionately the administrative fees, costs and expenses of

the State Employees' Defined Contribution Plan charged against

participants' individual investment accounts under 71 Pa.C.S. §

5812(2) (relating to powers and duties of board), the State

Employees' Retirement Board may assess, and each employer shall

pay in the form, manner, time, and amount as the State

Employees' Retirement Board shall determine, an annual per-

participant charge for the payment of administrative fees, costs

and expenses of managing, investing and administering the State

Employees' Defined Contribution Plan, the State Employees'

Defined Contribution Trust and the participants' individual

investment accounts.

(b) (Reserved).

Section 9. Sections 1795.1-E and 1798.3-E(c) and (d) of the

act, amended June 28, 2019 (P.L.173, No.20), are 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.--

(1) In addition to the [fee under section 2802-E(a)(1)

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

Administrative Code of 1929] surcharge under subsection (c),

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]

subsection (c)(2) shall not apply to this [subsection]

paragraph. This paragraph shall expire December 31, [2020]

2021.

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(2) In addition to the [fee] fees under subsection (c)

and 42 Pa.C.S. § 3733(a.1)(1) and (2)(iii) (relating to

deposits into account), an additional surcharge of $2 shall

be charged and collected by a division of the Unified

Judicial System and deposited into the Access to Justice

Account under 42 Pa.C.S. § 4904 (relating to establishment of

Access to Justice Account).

(1) In addition to the fees imposed under 42 Pa.C.S. §§

3733(a.1) and 3733.1 (relating to surcharge), except as set

forth in paragraph (2), the following apply:

(i) A surcharge of $11.25 shall be charged and

collected. This subparagraph shall expire December 31,

2021.

(ii) A permanent fee of $2.50 shall be charged and

collected.

(iii) An additional permanent fee of $2.50 shall be

charged and collected.

(2) Paragraph (1) does not apply to a conviction or

guilty plea based on the filing of a traffic citation

charging an offense under 75 Pa.C.S. (relating to vehicles)

that is classified as a summary offense under a State statute

or local ordinance as provided in the Pennsylvania Rules of

Criminal Procedure.

(3) The following apply:

(i) The separate reserve account within the Judicial

Computer System Augmentation Account established under 42

Pa.C.S. § 3733.1(c)(1) is continued, and the surcharge

under paragraph (1)(i) shall be deposited into the

separate reserve account. Notwithstanding 42 Pa.C.S. §

3732 (relating to utilization of funds in account), money

deposited under this paragraph is appropriated to the

Supreme Court, upon compliance with Article XV, for the

operation of the Judicial Department.

(ii) The fee under paragraph (1)(ii) shall be

deposited into the Criminal Justice Enhancement Account.

(iii) The fee under paragraph (1)(iii) shall be

deposited in a restricted account established in the

General Fund. Money in the restricted account is

appropriated to the Office of Attorney General on a

continuing basis to supplement general government

operations.

Section 1798.3-E. Multimodal Transportation Fund.

* * *

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Municipality." A county, city, borough, incorporated town

[or], township or local, regional or metropolitan transportation

authority.

"Port authority." A port authority as established under the

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act of July 10, 1989 (P.L.291, No.50), known as the Philadelphia

Regional Port Authority Act.

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

[2020] 2021.

Section 10. Section 1799.4-E of the act is amended to read:

Section 1799.4-E. Liquor Code [term] terms.

Notwithstanding any provision of law to the contrary[, the

term "best selling items"] the following terms when used in the

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

shall have the following meanings:

(1) "Best selling items" shall mean the 150 most sold

brands and product types of wine and the 150 most sold brands

and product types of liquor as measured by the total number

of units sold on a six-month basis calculated every January 1

and July 1.

(2) "Commercial and mixed use overlay project" shall

include an existing or proposed hotel with at least ninety

rooms.

Section 11. Repeals are as follows:

(1) The General Assembly finds and declares as follows:

(i) Each year, articles on budget implementation are

added to the act.

(ii) These articles are temporary in nature but are

placed permanently into the act, utilizing article

numbers and section numbers.

(iii) Reusing article numbers and section numbers

will keep the text of the act more concise.

(iv) The repeals under paragraph (2) are necessary

to effectuate subparagraph (iii).

(2) Articles XVII-L and XVII-M of the act are repealed.

Section 12. The act is amended by adding articles to read:

ARTICLE XVII-L

2020-2021 BUDGET IMPLEMENTATION

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 1701-L. Applicability.

Except as specifically provided in this article, this article

applies to the General Appropriation Act of 2020 and all other

appropriation acts of 2020.

Section 1702-L. Definitions.

The following words and phrases when used in this article

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

context clearly indicates otherwise:

"General Appropriation Act of 2020." The act of 2020

(P.L. , No. ), known as the General Appropriation Act of 2020.

"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.

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"TANFBG." Temporary Assistance for Needy Families Block

Grant.

Section 1703-L. Department of Criminal Justice.

For the purposes of the General Appropriation Act of 2020, a

reference to the Department of Criminal Justice shall be deemed

to be a reference to the Department of Corrections or the

Pennsylvania Board of Probation and Parole, or both, as

applicable.

SUBARTICLE B

EXECUTIVE DEPARTMENTS

Section 1711-L. Governor (Reserved).

Section 1712-L. Executive offices.

The following apply to appropriations for the Pennsylvania

Commission on Crime and Delinquency:

(1) Money appropriated 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) The following apply:

(i) No less than five-twelfths of the amount used in

the 2019-2020 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 five-twelfths of the amount used

in the 2019-2020 fiscal year shall be used for a

residential treatment community facility for at-risk

youth located in a county of the fifth class.

(iii) No less than five-twelfths of the amount used

in the 2019-2020 fiscal year 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) No less than five-twelfths of the amount used

in the 2019-2020 fiscal year 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 five-twelfths of the amount

used in the 2019-2020 fiscal year shall be used for programs

in a city of the second class, and no less than five-twelfths

of the amount used in the 2019-2020 fiscal year shall be used

for blueprint mentoring programs that address reducing youth

violence in cities of the first, second and third class.

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Section 1713-L. Lieutenant Governor (Reserved).

Section 1714-L. Attorney General (Reserved).

Section 1715-L. Auditor General.

From money appropriated for special financial audits, no less

than five-twelfths of the amount used in the 2019-2020 fiscal

year shall be used for the financial auditing of entities that

receive funds through contracts with the Department of Human

Services from money appropriated for Medical Assistance -

Capitation, Medical Assistance Community HealthChoices, Medical

Assistance - Long-term Care, Mental Health Services or the

Intellectual Disabilities - Community Waiver Program.

Section 1716-L. Treasury Department (Reserved).

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

Section 1718-L. Department of Agriculture.

The following apply to appropriations for the Department of

Agriculture:

(1) From money appropriated for general government

operations, no less than five-twelfths of the amount

transferred in the 2019-2020 fiscal year shall be transferred

to the Dog Law Restricted Account.

(2) From money appropriated for general government

operations, no less than five-twelfths of the amount used in

the 2019-2020 fiscal year shall be used for the Commission of

Agricultural Education Excellence to assist in development

and implementation of agricultural education programming.

(3) From money appropriated for agricultural

preparedness and response, an amount equal to $416,667 shall

be used for agricultural preparedness and response purposes

as provided by legislation enacted by the General Assembly

after the effective date of this clause.

(4) From money appropriated for agricultural research,

the following apply:

(i) No less than five-twelfths of the amount used in

the 2019-2020 fiscal year shall be used for an

agricultural resource center.

(ii) No less than five-twelfths of the amount used

in the 2019-2020 fiscal year shall be used for

agricultural law research programs, including those

addressing energy development, in conjunction with a

land-grant university.

(5) The appropriation for agriculture promotion,

education and exports includes no less than five-twelfths of

the amount used in the 2019-2020 fiscal year shall be used

for costs related to supporting the expansion of hemp

farming, including program development, outreach and

education.

(6) 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.

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(7) 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 $5,000 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-L. Department of Community and Economic

Development.

The following apply to appropriations for the Department of

Community and Economic Development:

(1) From money appropriated for general government

operations:

(i) No less than five-twelfths of the amount used in

the 2019-2020 fiscal year shall be used to build capacity

and support for economic development initiatives related

to the rehabilitation and marketing of commercial

districts by a county economic development authority in a

county of the sixth class with a population of at least

45,950, but not more than 46,500, under the 2010 Federal

decennial census.

(ii) No less than five-twelfths of the amount used

in the 2019-2020 fiscal year shall be used to support a

manufacturing technology development effort in a county

of the fourth class with a population of at least

143,679, but not more than 144,200, under the 2010

Federal decennial census.

(2) From money appropriated for marketing to attract

tourists:

(i) $1,695,000 to fund the activities of the tourism

office within the department;

(ii) the remaining money includes an allocation, not

to exceed five-twelfths of the amount allocated in the

2019-2020 fiscal year, to be used to plan, market and

conduct a series of arts and cultural activities that

generate Statewide and regional economic impact, and no

less than five-twelfths of the amount used in the 2019-

2020 fiscal year shall be used 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:

(i) $2,649,000 shall be used to fund the Main Street

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Program, Elm Street Program, Enterprise Zone Program and

accessible housing. The allocation for the Main Street

Program, Elm Street Program, Enterprise Zone Program and

accessible housing shall be distributed in the same

proportion as amounts allocated in fiscal year 2012-2013.

(ii) No less than five-twelfths of the amount used

in the 2019-2020 fiscal year 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) No less than five-twelfths of the amount used

in the 2019-2020 fiscal year shall be used to establish a

broadband expansion pilot program that is a joint venture

between two Local Development Districts operating in the

North Central and North Western regions of this

Commonwealth.

(iv) No less than five-twelfths of the amount used

in the 2019-2020 fiscal year shall be used to provide

funding for innovative pilot programs to provide or

expand cost effective broadband services to underserved,

rural areas. Pilot programs under this paragraph shall be

implemented by the regional economic development entities

that serve the Appalachia area of this Commonwealth.

(v) 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, other situations that pose a public safety

danger or other situations at the discretion of the

department. 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 and structures. 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.

(5) Notwithstanding section 4(1) of the act of October

11, 1984 (P.L.906, No.179), known as the Community

Development Block Grant Entitlement Program for Nonurban

Counties and Certain Other Municipalities, the Commonwealth

may use up to 3% of the funds received pursuant to the

Housing and Community Development Act of 1974 (Public Law 93-

383, 88 Stat. 633), for administrative costs.

Section 1720-L. Department of Conservation and Natural

Resources (Reserved).

Section 1721-L. Department of Corrections.

The following apply to appropriations for the Department of

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Corrections:

(1) From the appropriation to the Department of Criminal

Justice for general government operations under the General

Appropriation Act of 2020, no less than five-twelfths of the

amount used in the 2019-2020 fiscal year shall be used by the

Department of Corrections for nonnarcotic medication

substance use disorder treatment, which may include the

establishment and administration of a nonnarcotic medication

assisted substance abuse treatment grant program.

(2) Notwithstanding any other provision of law to the

contrary, for the purposes of any program funded under

paragraph (1) and established under 61 Pa.C.S. Ch. 46

(relating to non-narcotic medication assisted substance abuse

treatment grant pilot program), "eligible offender" means a

defendant or inmate convicted of a criminal offense who will

be committed to the custody of the county and who meets the

clinical criteria for an opioid and or alcohol use disorder

as determined by a physician.

Section 1721.1-L. Department of Drug and Alcohol Programs

(Reserved).

Section 1722-L. Department of Education.

The following shall apply to appropriations to 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 five-twelfths of the amount

used in the 2019-2020 fiscal year shall be used 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, no less than five-twelfths of the

amount used in the 2019-2020 fiscal year shall be used for an

after-school learning program servicing low-income students

located in a county of the third class with a population,

based on the 2010 Federal decennial census, of at least

320,000 but not more than 321,000.

(2) From money appropriated for the Pre-K Counts

Program, the per-student grant award amount for grants made

pursuant to section 1514-D of the Public School Code of 1949

shall be paid at the same rate as the amount paid in fiscal

year 2019-2020.

(3) From money appropriated for Pennsylvania Chartered

Schools for the Deaf and Blind:

(i) Upon distribution of the final tuition payment

for fiscal year 2020-2021, the balance of the

appropriation, excluding funds for capital-related costs

and deferred maintenance, shall be used to pay the

schools' increased share of required contributions for

public school employees' retirement and shall be

distributed pro rata based on each school's contributions

for the 2019-2020 fiscal year.

2020/90AJM/HB1083A05977 - 18 -

(ii) No less than five-twelfths of the amount used

in the 2019-2020 fiscal year shall be used for capital-

related costs and deferred maintenance to be divided

equally between each school.

(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) Money appropriated for regional community college

services shall be distributed to each entity that received

funding in fiscal year 2019-2020 in an amount equal to the

amount it received in that fiscal year.

(6) Money appropriated for community education councils

shall be distributed to each entity that received funding in

fiscal year 2019-2020 in an amount equal to the amount it

received in that fiscal year.

(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 to provide

for Social Security and Medicare contributions from money

appropriated for basic education funding or 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-L. Department of Environmental Protection

(Reserved).

Section 1724-L. Department of General Services.

From money appropriated to the Department of General Services

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-L. Department of Health.

The following apply to appropriations for the Department of

Health:

(1) From money appropriated for general government

operations, sufficient money shall be included for the

coordination of donated dental services and no less than

five-twelfths of the amount used in the 2019-2020 fiscal year

shall be used for outreach for Charcot-Marie-Tooth syndrome.

2020/90AJM/HB1083A05977 - 19 -

(2) From money appropriated for diabetes programs, no

less than five-twelfths of the amount used in the 2019-2020

fiscal year shall be used for Type I diabetes awareness,

education and outreach.

(3) From money appropriated for adult cystic fibrosis

and other chronic respiratory illnesses, no less than five-

twelfths of the amount used in the 2019-2020 fiscal year

shall be used for a program promoting cystic fibrosis

research in a county of the second class, and no less than

five-twelfths of the amount used in the 2019-2020 fiscal year

shall be used for research related to childhood cystic

fibrosis in a city of the first class with a hospital that is

nationally accredited as a cystic fibrosis treatment center

and specializes in the treatment of children.

(4) From money appropriated for Lyme disease no less

than five-twelfths of the amount used in 2019-2020 fiscal

year shall be used for costs related to free tick testing for

residents performed in conjunction with a university that is

part of the State System of Higher Education, including

outreach and marketing.

(5) Money appropriated for lupus programs shall be

distributed proportionately to each entity that received

funding in fiscal year 2018-2019.

(6) 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, pulmonary embolism and deep vein thrombosis, for

genetic and molecular research for disease identification and

eradication, for nanotechnology and for the commercialization

of applied research.

(7) From the appropriation for leukemia and lymphoma, no

less than five-twelfths of the amount used in the 2019-2020

fiscal year shall be distributed to a branch of an eastern

Pennsylvania chapter of a nonprofit organization, where the

branch is located within a city of the third class that is

located in two counties of the third class, dedicated to

awareness, education, patient assistance and outreach related

to blood cancer.

(8) Funds appropriated for hemophilia services shall be

distributed to grantees in the same proportion as distributed

in fiscal year 2019-2020.

(9) Funds appropriated for sickle cell anemia services,

including camps for children with sickle cell anemia, shall

be distributed to grantees in the same proportion as

distributed in fiscal year 2019-2020.

(10) Funds appropriated for adult cystic fibrosis and

other chronic respiratory illnesses shall be distributed to

grantees in the same proportion as distributed in fiscal year

2019-2020.

(11) Funds appropriated for diagnosis and treatment for

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Cooley's anemia shall be distributed to grantees in the same

proportion as distributed in fiscal year 2019-2020.

(12) Funds appropriated for services for children with

special needs shall be distributed to grantees in the same

proportion as distributed in fiscal year 2019-2020.

Section 1726-L. Insurance Department (Reserved).

Section 1727-L. Department of Labor and Industry.

The following apply to appropriations to the Department of

Labor and Industry:

(1) From money appropriated to the Department of Labor

and Industry for Industry Partnerships:

(i) No less than five-twelfths of the amount used in

the 2019-2020 fiscal year shall be used 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.

(ii) (Reserved).

(2) (Reserved).

Section 1728-L. Department of Military and Veterans Affairs

(Reserved).

Section 1729-L. Department of Human Services.

The following apply to appropriations for the Department of

Human Services:

(1) From money appropriated for mental health services

or from Federal money, no less than five-twelfths of the

amount used in the 2019-2020 fiscal year 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.

(2) From money appropriated for mental health services,

no less than five-twelfths of the amount used in the 2019-

2020 fiscal year shall be used for expanded services for a

pediatric mental health hospital and an adolescent

residential treatment program in a county of the third class

with a population of at least 349,000, but not more than

350,000, under the 2010 Federal Decennial Census.

(3) The following shall apply:

(i) Payments to hospitals for Community Access Fund

grants shall be distributed under the formulas utilized

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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's

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 five-twelfths of the amount

used in the 2019-2020 fiscal year shall be used for

cleft palates and other craniofacial anomalies.

(B) No less than five-twelfths of the amount

used in the 2019-2020 fiscal year shall be

distributed to a hospital for clinical ophthalmologic

services located in a city of the first class.

used in the 2019-2020 fiscal year shall be

distributed for improvements to an acute care

hospital located in a city of the first class.

(D) No less than five-twelfths of the amount

used in the 2019-2020 fiscal year 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) No less than five-twelfths of the amount

used in the 2019-2020 fiscal year shall be

distributed to a university located in a city of the

first class to expand research and treatment

protocols for combating opioid addiction.

(F) No less than five-twelfths of the amount

used in the 2019-2020 fiscal year shall be used for

an acute care hospital located in a city of the third

class in a county of the third class for a regional

breast cancer center.

(G) No less than five-twelfths of the amount

used in the 2019-2020 fiscal year shall be

distributed to an enrolled outpatient therapy service

provider located in a city of the second class in a

county of the second class that provides behavioral

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health and medical rehabilitation pediatric

outpatient services.

(v) From money appropriated for medical assistance

capitation, no less than five-twelfths of the amount used

in the 2019-2020 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:

(A) No less than five-twelfths of the amount

used in the 2019-2020 fiscal year 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, 2019, to

ensure access to necessary nursing care in that

county.

(B) No less than five-twelfths of the amount

used in the 2019-2020 fiscal year 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 at 1.09 as of August 1, 2019,

to ensure access to necessary nursing home care in

that county.

(vii) From money appropriated for medical assistance

long-term care, no less than five-twelfths of the amount

used in the 2019-2020 fiscal year shall be distributed 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 the 2010 Federal decennial

census, and an additional, at least, five-twelfths of the

amount used in the 2019-2020 fiscal year shall be paid in

equal payments to nursing facilities that qualified for

supplemental ventilator care and tracheostomy care

payments in fiscal year 2014-2015 with a percentage of

medical assistance recipient residents who required

medically necessary ventilator care or tracheostomy care

greater than 90%.

(viii) Federal or State money appropriated under the

General Appropriation Act of 2019 in accordance with 35

Pa.C.S. § 8107.3 (relating to funding), 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.

(ix) Qualifying academic medical centers that

received money for fiscal year 2019-2020 shall receive no

less than five-twelfths of the State appropriation made

available to those academic medical centers during fiscal

year 2019-2020.

(x) Qualifying physician practice plans that

received money for fiscal year 2019-2020 shall receive no

2020/90AJM/HB1083A05977 - 23 -

less than five-twelfths of the State appropriation made

available to those physician practice plans during fiscal

year 2019-2020.

(xi) Money appropriated for medical assistance

transportation shall only be utilized as a payment of

last resort for transportation for eligible medical

assistance recipients.

(xii) Subject to Federal approval of necessary

amendments of the Title XIX State Plan, from funds

appropriated for medical assistance long-term care,

$16,000,000 is allocated for medical assistance day-one

incentive payments to qualified nonpublic nursing

facilities under methodology and criteria under section

443.1(7)(vi) of the Human Services Code.

(4) The following apply:

(i) Money appropriated for breast cancer screening

may be used for women's medical services, including

noninvasive contraception supplies.

(ii) (Reserved).

(5) The following 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.

(6) From money appropriated for autism intervention and

services:

(i) no less than five-twelfths of the amount used in

the 2019-2020 fiscal year shall be distributed to a

behavioral health facility located in a county of the

fifth class with a population between 130,000 and 135,000

under the 2010 Federal decennial census and shall be

distributed to a health system that operates both a

general acute care hospital and a behavioral health

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facility that has a center for autism and developmental

disabilities located in a county of the fifth class with

a population between 130,000 and 135,000 under the 2010

Federal decennial census;

(ii) no less than five-twelfths of the amount used

in the 2019-2020 fiscal year shall be distributed 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) no less than five-twelfths of the amount used

in the 2019-2020 fiscal year shall be distributed to an

institution of higher education that provides autism

education and diagnostic curriculum and is located in a

county of the second class;

(iv) no less than five-twelfths of the amount used

in the 2019-2020 fiscal year shall be used for programs

to promote the health and fitness of persons with

developmental disabilities located in a city of the first

class;

(v) no less than five-twelfths of the amount used in

the 2019-2020 fiscal year shall be distributed for the

expansion of an adult autism program in a county of the

third class; and

(vi) no less than five-twelfths of the amount used

in the 2019-2020 fiscal year shall be distributed for an

entity that provides alternative educational services to

individuals with autism and developmental disabilities in

a county of the third class with a population of at least

519,000, but not more than 519,500, under the 2010

Federal decennial census.

(7) 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.

(8) From the appropriation for 2-1-1 Communications, no

less than five-twelfths of the amount used in the 2019-2020

fiscal year shall be used for a Statewide 2-1-1 System Grant

Program.

(9) The appropriation for services for the visually

impaired includes the following:

(i) an allocation of no less than five-twelfths of

the amount allocated in the 2019-2020 fiscal year for

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

(ii) an allocation of no less than five-twelfths of

the amount allocated in the 2019-2020 fiscal year to

provide specialized services and prevention of blindness

services in cities of the first class.

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(10) 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.

(11) 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.

(12) Subject to the availability of Federal funds and

eligibility under Federal TANFBG rules, grantees who operated

within the PA WorkWear program in fiscal year 2019-2020 shall

be offered a fiscal year 2020-2021 grant to continue service

delivery under substantially similar terms as previous PA

WorkWear grants.

Section 1730-L. Department of Revenue (Reserved).

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

Section 1732-L. Department of Transportation.

The following shall apply to appropriations for the

Department of Transportation:

(1) From money appropriated for infrastructure projects,

no less than five-twelfths of the amount used in the 2019-

2020 fiscal year shall be used for costs related to capital

equipment for a rural transit service headquartered in this

Commonwealth that provides intercity line-run service with at

least six different line-runs.

(2) (Reserved).

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

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

Section 1735-L. 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) Money appropriated for the State Fire Commissioner

includes funding for a Statewide recruitment and retention

coordinator and regional technical advisors to develop,

implement and deliver recruitment and retention training

programs and provide technical assistance to local fire

organizations and local governments.

Section 1736-L. Pennsylvania Fish and Boat Commission

(Reserved).

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

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

Section 1738-L. Pennsylvania Higher Education Assistance

Agency.

The following shall apply to appropriations for the

Pennsylvania Higher Education Assistance Agency:

(1) The Pennsylvania Higher Education Assistance Agency

shall allocate no less than the amount allocated in the 2019-

2020 fiscal year from the Higher Education Assistance Fund

for the Cheyney University Keystone Academy.

(2) From funds appropriated for payment of education

assistance grants, no less than the amount allocated in the

2019-2020 fiscal year shall be allocated to a State-owned

university located in Tioga County for merit scholarships.

Section 1739-L. Pennsylvania Historical and Museum Commission

(Reserved).

Section 1740-L. Pennsylvania Infrastructure Investment

Authority (Reserved).

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

Section 1742-L. Pennsylvania Board of Probation and Parole

(Reserved).

Section 1743-L. (Reserved).

Section 1744-L. (Reserved).

Section 1745-L. (Reserved).

Section 1746-L. (Reserved).

Section 1747-L. (Reserved).

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

Section 1749-L. Thaddeus Stevens College of Technology

(Reserved).

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

Section 1751-L. LIHEABG (Reserved).

SUBARTICLE C

STATE GOVERNMENT SUPPORT AGENCIES

Section 1761-L. Health Care Cost Containment Council

(Reserved).

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

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

Section 1764-L. Legislative Budget and Finance Committee

(Reserved).

Section 1765-L. Legislative Data Processing Committee

(Reserved).

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

Section 1767-L. Joint Legislative Air and Water Pollution

Control and Conservation Committee (Reserved).

Section 1768-L. Legislative Audit Advisory Commission

(Reserved).

Section 1769-L. Independent Regulatory Review Commission

(Reserved).

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

Section 1771-L. Pennsylvania Commission on Sentencing

(Reserved).

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

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

Section 1774-L. Transfers (Reserved).

SUBARTICLE D

JUDICIAL DEPARTMENT

Section 1781-L. Supreme Court (Reserved).

Section 1782-L. Superior Court (Reserved).

Section 1783-L. Commonwealth Court (Reserved).

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

Section 1785-L. Community courts; magisterial district judges

(Reserved).

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

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

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

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

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

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

Section 1792-L. Senior judges (Reserved).

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

SUBARTICLE E

GENERAL ASSEMBLY

(Reserved)

ARTICLE XVII-M

2020-2021 RESTRICTIONS ON APPROPRIATIONS

FOR FUNDS AND ACCOUNTS

Section 1701-M. Applicability.

Except as specifically provided in this article, this article

applies to the act of (P.L. , No. ), known as the General

Appropriation Act of 2020, and all other appropriation acts of

2020.

Section 1702-M. 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-M. Tobacco Settlement Fund (Reserved).

Section 1704-M. Judicial Computer System Augmentation Account

(Reserved).

Section 1705-M. Emergency Medical Services Operating Fund

(Reserved).

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

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

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

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

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

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

Section 1712-M. Tuition Account Guaranteed Savings Program Fund

(Reserved).

Section 1713-M. Banking Fund (Reserved).

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

Section 1715-M. Ben Franklin Technology Development Authority

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Fund (Reserved).

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

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

Section 1718-M. Cigarette Fire Safety and Firefighter

Protection Act Enforcement Fund (Reserved).

Section 1719-M. Insurance Regulation and Oversight Fund

(Reserved).

Section 1720-M. Pennsylvania Race Horse Development Restricted

Receipts Account (Reserved).

Section 1721-M. Justice Reinvestment Fund (Reserved).

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

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

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

Section 1725-M. Restricted receipt accounts.

(a) General provisions.--The Secretary of the Budget 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.

(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

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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 1726-M. Fund transfers.

(a) Transfer to School Safety and Security Fund.--Of the

amount appropriated to the Department of Education for COVID -

ESSER - SEA in fiscal year 2019-2020, $49,762,000 shall be

transferred to the School Safety and Security Fund.

(b) Transfer to Environmental Stewardship Fund.--From funds

received under the authority of Article III of the Tax Reform

Code of 1971, the sum of $13,782,000 shall be transferred to the

Environmental Stewardship Fund.

(1) If the Secretary of the Budget determines the May

19, 2020, revised certification under section 503 of the act

of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known as the

Taxpayer Relief Act, is insufficient to generate $621,000,000

for Statewide property tax relief, the Secretary of the

Budget is authorized to transfer up to $300,000,000 from the

COVID-19 Response Restricted Account to the Property Tax

Relief Fund. If the Secretary of the Budget determines a

transfer is necessary, the Secretary of the Budget shall

issue a revised certification under section 503 of the

Taxpayer Relief Act.

(2) The amount transferred from the COVID-19 Response

Restricted Account by the Secretary of the Budget is

appropriated to the Department of Education. The Department

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of Education shall combine the amount appropriated from the

account with other funds available for property tax relief

payments and shall make distributions to school districts

under sections 324 and 505 of the Taxpayer Relief Act. The

Secretary of the Budget may not transfer an amount more than

is necessary to provide $621,000,000 of Statewide property

tax relief, including other funds available for property tax

relief payments.

Section 13. The amendment of section 1798.3-E of the act

shall apply to applications submitted to the Department of

Community and Economic Development or the Department of

Transportation on or after March 1, 2020.

Section 14. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of

Article XVI-O of the act.

(2) Section 811-I of the act of June 13, 1967

(P.L.31,No.21), known as the Human Services Code, is

repealed.

(3) The General Assembly declares that the repeal under

paragraph (4) is necessary to effectuate the addition of

section 1723-A.1(3)(v) of the act.

(4) 3 Pa.C.S. § 9374(b) is repealed.

(5) The General Assembly declares that the repeal under

paragraph (6) is necessary to effectuate the addition of

section 1795.1-E(c) of the act.

(6) Section 2802-E of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, is

repealed.

(7) The General Assembly declares that the repeal under

paragraph (8) is necessary to effectuate the addition of

section 1721-L(2) of the act.

(8) The definition of "eligible offender" under 61

Pa.C.S. § 4601 is repealed insofar as it is inconsistent with

section 1721-L(2) of this act.

Section 15. This act shall take effect as follows:

(1) This section shall take effect immediately.

(2) The remainder of this act shall take effect July 1,

2020, or immediately, whichever is later.

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