S0712B0845A02588 AJB:JMT 06/26/19 #90 A02588
AMENDMENTS TO SENATE BILL NO. 712
Sponsor: REPRESENTATIVE SAYLOR
Printer's No. 845
Amend Bill, page 1, lines 1 through 35; page 2, line 1; 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,
as amended, "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
Commonwealth," in Treasury Department, further providing for
investment of moneys; in oil and gas wells, further providing
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for Oil and Gas Lease Fund; in transportation network
companies, motor carrier companies and parking authority of a
city of the first class, providing for transportation network
company extension; in special funds, further providing for
funding, for State Workers' Insurance Board, for expiration,
for definitions, for other grants and for Commonwealth
indebtedness; in additional special funds, further providing
for definitions, for establishment of special fund and
account, for use of fund, for distributions from Pennsylvania
Race Horse Development Fund, for Workers' Compensation
Security Fund, for definitions, for use of funds, for amount
of grant and for guidelines for applications and providing
for Enhanced Revenue Collection Account, Environmental
Stewardship Fund and Recycling Fund; in general budget
implementation, providing for block grants and for reports to
General Assembly, further providing for Department of General
Services, for Pennsylvania Gaming Control Board, for
Department of Human Services, for Pennsylvania Higher
Education Assistance Agency, for surcharges, for Multimodal
Transportation Fund, for State Gaming Fund and providing for
Joint Legislative Air and Water Pollution Control and
Conservation Committee; in 2018-2019 budget implementation,
further providing for Department of Revenue; adding
provisions relating to 2019-2020 budget implementation;
making related repeals; and making editorial changes.
Amend Bill, page 2, lines 4 through 14, 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 2019-2020 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
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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
2019-2020 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 2019-2020 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 2019.
Section 1.1. Sections 301.1(i)(2) and 1601.2-E(e) of act of
April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, are
amended to read:
Section 301.1. Investment of Moneys.--* * *
(i) * * *
(2) The authority to invest or reinvest the moneys of
any fund pursuant to this subsection shall expire December
31, [2019] 2024. The Treasury Department may maintain
investments pursuant to this subsection which are in
existence on the expiration date in this paragraph for not
more than two years following such expiration date.
Section 1601.2-E. Oil and Gas Lease Fund.
* * *
(e) Annual transfers.--The following apply:
(1) [For] (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
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Environmental Stewardship Fund for the 2019-2020 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 1.2. The act is amended by adding a section to read:
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.
Section 2. Section 1702-A(b)(1) is amended by adding a
subparagraph to read:
Section 1702-A. Funding.
* * *
(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:
* * *
(xi) If the Secretary of the Budget certifies that
there is a surplus in the General Fund for the 2018-2019
fiscal year, 100% of the surplus shall be deposited by
the end of the next succeeding quarter into the Budget
Stabilization Reserve Fund.
* * *
Section 3. The heading of Subarticle D of Article XVII-A and
section 1731-A of the act are reenacted to read:
SUBARTICLE D
INVESTMENTS
Section 1731-A. State Workers' Insurance Board.
Notwithstanding any inconsistent provisions of section 1512
of the act of June 2, 1915 (P.L.736, No.338), known as the
Workers' Compensation Act, section 504 of the act of November
30, 1965 (P.L.847, No.356), known as the Banking Code of 1965,
and any other law of this Commonwealth, the power of the State
Workers' Insurance Board to invest money shall include the power
to hold, purchase, sell, assign, transfer and dispose of
securities, including common stock with the following
restrictions:
(1) Investments in equities may not exceed the lesser
of:
(i) 15% of the State Workers' Insurance Fund's
assets; or
(ii) the State Workers' Insurance Fund's statutory
surplus after discount, except that, notwithstanding the
statutory surplus, the State Workers' Insurance Fund is
authorized to invest up to 7 1/2% of the book value of
its assets in equities.
(1.1) Investments in equities shall be made subject to
the prudent investor rule as provided for under 20 Pa.C.S. §
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7203 (relating to prudent investor rule).
(2) The State Workers' Insurance Board shall establish a
policy for investments and shall meet at least annually to
develop a schedule for rebalancing its investments in
securities to meet the restriction of paragraph (1).
(2.1) The State Workers' Insurance Board may invest in
financial institutions that are designated as a minority
depository institution, as defined in section 808(b) of the
Housing and Community Development Act of 1977 (Public Law 95-
128, 91 Stat. 1111), or a community development financial
institution, as defined in section 103 of the Riegel-Neal
Interstate Banking and Branching Efficiency Act of 1994
(Public Law 103-328, 12 U.S.C. § 4702(5)), if the investment
is consistent with authorized investments and prudent person
standards applicable to the board.
Section 4. Section 1732-A of the act is reenacted and
amended to read:
Section 1732-A. Expiration.
This subarticle shall expire June 30, [2018] 2021.
Section 5. Section 1771-A of the act is amended by adding a
definition to read:
Section 1771-A. 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:
* * *
" Water and sewer project. " A project which is for a water
supply system, sewage disposal system, storm water system or
flood control.
Section 6. Section 1774.1-A of the act, amended June 22,
2018 (P.L.281, No.42), is amended to read:
Section 1774.1-A. Other grants.
(a) Water and sewer projects.--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.
(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. In determining the grant amount
for the purpose of this paragraph, the authority shall not
include the matching funds requirement in the calculation of
the cost of the project.
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(4) For fiscal year 2018-2019, the sum of $14,504,399
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. In determining the grant amount
for the purpose of this paragraph, the authority shall not
include the matching funds requirement in the calculation of
the cost of the project.
(a.1) Additional water and sewer projects.--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. In determining the grant amount for the purpose
of this paragraph, the authority shall not include the matching
funds requirement in the calculation of the cost of the project.
(a.2) Additional water and sewer projects.--In addition to
the funds available under subsection (a)(4), for fiscal year
2018-2019, the sum of $10,000,000 from the First Industries
Program account established under 64 Pa.C.S. § 1542(b) (relating
to revolving loan program accounts) 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. In determining the grant amount for the purpose of
this paragraph, the authority shall not include the matching
funds requirement in the calculation of the cost of the project.
(a.3) Additional water and sewer projects.--For fiscal year
2019-2020, the sum of $20,000,000 from the First Industries
Program account established under 64 Pa.C.S. § 1542(b), the sum
of $15,950,000 from the trust account established under 64
Pa.C.S. § 1541 for the Building Pennsylvania Program, the sum of
$650,000 from previously unexpended funds made available for
water and sewer projects under this section and the sum of
$3,400,000 from the trust account established under 64 Pa.C.S. §
1541 for the Water Supply and Wastewater Infrastructure 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. In determining the
grant amount for the purpose of this subsection, the authority
shall not include the matching funds requirement in the
calculation of the cost of the project.
(b) Guidelines.--The authority shall adopt guidelines for
the approval of applications under this section and shall ensure
that grants are made available to all geographic areas of this
Commonwealth.
(c) Eligibility.--An application for a water and sewer
project under this section may not be deemed ineligible if the
project detailed in the application is for a portion of a larger
project, the total cost of which exceeds $500,000.
(d) Additional eligibility.--For fiscal year 2018-2019, the
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authority may not require the submission of new applications,
but shall consider water and sewer projects for grant funding
submitted during the application period that ended on February
28, 2018.
Section 7. Section 1783-A(e) of the act is amended to read:
Section 1783-A. Commonwealth indebtedness.
* * *
(e) Expiration.--Authorization to issue bonds and notes, not
including refunding bonds and replacement notes, for the purpose
of the Assistance Act and this article shall expire [ten years
from the effective date of this section] October 9, 2024.
Section 8. The heading of Article XVII-A.1 of the act is
amended to read:
ARTICLE XVII-A.1
ADDITIONAL SPECIAL FUNDS AND RESTRICTED ACCOUNTS
Section 9. Section 1711-A.1 of the act is amended by adding
a definition to read:
Section 1711-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:
* * *
"Debt service account." The Tobacco Revenue Bond Debt
Service Account established under section 2805(a) of the act of
March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971.
* * *
Section 10. Section 1712-A.1(a) of the act is amended to
read:
Section 1712-A.1. Establishment of special fund and account.
(a) Tobacco Settlement Fund.--
(1) There is established a special fund known as the
Tobacco Settlement Fund. [All]
(2) The following shall be deposited into the Tobacco
Settlement Fund:
(i) Except for deposits in the debt service account
under section 2805(b) of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971, all payments
received by the Commonwealth pursuant to the Master
Settlement Agreement shall be deposited by the Treasury
Department in the fund.
(ii) For the 2019-2020 fiscal year, 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. A deposit under this
paragraph shall occur prior to the deposits and transfers
under section 1296 of the Tax Reform Code of 1971.
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* * *
Section 11. Section 1713-A.1(b)(1), (1.1), (1.2), (1.3),
(1.4), (1.5) and (1.6) of the act, amended June 22, 2018
(P.L.281, No.42), are amended and the subsection is amended by
adding a paragraph to read:
Section 1713-A.1. Use of fund.
* * *
(b) Appropriations.--The following shall apply:
(1) [Except as otherwise provided in paragraphs (1.1),
(1.2), (1.3), (1.4), (1.5) and (1.6), the General Assembly
appropriates moneys in the fund in accordance with the
following percentages based on the annual payment received in
each year:
(i) Thirteen percent for home and community-based
services pursuant to Chapter 5 of the Tobacco Settlement
Act.
(ii) Four and five-tenths percent for tobacco use
prevention and cessation programs pursuant to Chapter 7
of the Tobacco Settlement Act.
(iii) Twelve and six-tenths percent for health and
related research pursuant to section 906 of the Tobacco
Settlement Act.
(iv) One percent for health and related research
pursuant to section 909 of the Tobacco Settlement Act.
(v) Eight and eighteen one-hundredths percent for
the uncompensated care payment program pursuant to
Chapter 11 of the Tobacco Settlement Act.
(vi) Thirty percent for the purchase of Medicaid
benefits for workers with disabilities pursuant to
Chapter 15 of the Tobacco Settlement Act.
(vii) Eight percent for the expansion of the PACENET
program pursuant to Chapter 23 of the Tobacco Settlement
Act.
(viii) Twenty-two and seventy-two one-hundredths
percent shall remain in the fund to be separately
appropriated for health-related purposes.] (Reserved).
(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.
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(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.
(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, 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
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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.
(1.6) For fiscal year 2018-2019, the General Assembly
appropriates money in the fund in accordance with the
following percentages based on the annual payment received
each 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.
(1.7) For fiscal year 2019-2020, 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
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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 12. Section 1723-A.1(2) and (3) of the act, amended
June 22, 2018 (P.L.281, No.42), 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
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.
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(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.
(ii) Each week, the money remaining in the fund
after any transfer under subparagraphs (i), (i.1), (i.2),
(i.3), (i.4) [and], (i.5) and (i.6) 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
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
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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).
(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.
Section 12.1. Section 1734-A.1 of the act is amended to
read:
Section 1734-A.1. Workers' Compensation Security Fund.
Notwithstanding section 2112 of the act of July 12, 2016
(P.L.1577, No.16A), known as the General Appropriation Act of
2016, or any other provision of law to the contrary, any amount
transferred from the Workers' Compensation Security Fund
pursuant to section 2112 shall be repaid to the Workers'
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Compensation Security Fund by July 1, [2019] 2024.
Section 12.2. Section 1741-A.1 of the act is amended by
adding definitions 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:
* * *
"Large residential conversion projects." A residential
conversion project with greater than 100 parcels.
"Tapping." Interconnecting distribution facilities with
upstream interstate transmission facilities or gathering line
facilities allowing distribution service expansion, including,
but not limited to, metering, regulation, odorization and
related controls.
Section 13. Sections 1744-A.1(a), 1745-A.1 and 1746-A.1 of
the act are amended to read:
Section 1744-A.1. Use of funds.
(a) Grants.--The authority shall use the fund to provide
grants to obtain access to natural gas to any of the following:
(1) Hospitals.
(2) Businesses.
(3) Economic development organizations.
(4) Municipalities.
(5) Counties.
(6) School districts.
(7) Large residential conversion projects.
(8) Combined heat and power applications.
* * *
Section 1745-A.1. Amount of grant.
(a) Amount generally.--The authority may provide a grant for
not more than the lesser of:
(1) 50% of the cost of a project; or
(2) [$1,000,000] $1,500,000.
(b) Tapping costs.--In addition to the amount under
subsection (a)(2), the authority may provide not more than
$500,000 for costs related to the tapping of upstream
facilities.
Section 1746-A.1. Guidelines for applications.
The authority shall:
(1) develop guidelines for submitting applications for a
grant; [and]
(2) give priority to applications that will result in
adjoining residential and nonresidential properties obtaining
natural gas[.]; and
(3) develop streamlined guidelines for submitting
applications for grants issued in the amount of $75,000 or
less to expedite the process.
Section 14. Article XVII-A.1 of the act is amended by adding
subarticles to read:
SUBARTICLE G
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ENHANCED REVENUE COLLECTION ACCOUNT
Section 1761-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:
"Account." The Enhanced Revenue Collection Account continued
under section 1762-A.1.
"Department." The Department of Revenue of the Commonwealth.
Section 1762-A.1. Enhanced Revenue Collection Account.
The Enhanced Revenue Collection Account is continued as a
restricted account within the General Fund. Revenues collected
and the amount of refunds avoided as a result of expanded tax
return reviews and tax collection activities by the department
shall be deposited into the account.
Section 1763-A.1. Use of account.
(a) Appropriation.--The General Assembly may appropriate
money in the account to the department to fund the costs
associated with expanded tax return reviews and tax collection
activities.
(b) Return.--Except for amounts appropriated under
subsection (a), 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.
Section 1764-A.1. Report.
The department shall issue a report 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 by June 1, 2020, and each June 1 thereafter,
with the following information:
(1) A detailed breakdown of the department's
administrative costs in implementing expanded tax return
reviews and tax collection activities.
(2) 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.
SUBARTICLE H
ENVIRONMENTAL STEWARDSHIP FUND
Section 1771-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:
"Fund." The Environmental Stewardship Fund established under
27 Pa.C.S. § 6104(a) (relating to fund).
Section 1772-A.1. Appropriations.
(a) Additional appropriations.--In addition to an
appropriation under 27 Pa.C.S. § 6104(c) and (d) (relating to
fund), the General Assembly may appropriate money from the fund
to the Department of Environmental Protection and the Department
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of Conservation and Natural Resources.
(b) Priority.--Money appropriated from the fund by the
General Assembly under a general appropriation act or other
appropriation act shall be distributed prior to allocations
under 27 Pa.C.S. § 6104(d).
SUBARTICLE I
RECYCLING FUND
Section 1781-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:
"Fund." The Recycling Fund established under section 706 of
the act of July 28, 1988 (P.L.556, No.101), known as the
Municipal Waste Planning, Recycling and Waste Reduction Act.
Section 1782-A.1. Appropriations.
(a) Additional appropriations.--In addition to an
appropriation under section 706(b) and (c) of the act of July
28, 1988 (P.L.556, No.101), known as the Municipal Waste
Planning, Recycling and Waste Reduction Act, the General
Assembly may appropriate money from the fund to the Department
of Environmental Protection.
(b) Priority.--Money appropriated from the fund by the
General Assembly under a general appropriation act or other
appropriation act shall be distributed prior to allocations
under section 706(c) of the Municipal Waste Planning, Recycling
and Waste Reduction Act.
Section 15. The act is amended by adding sections to read:
Section 1705-E. Block grants.
(a) Small Communities Development Block Grant.--The Small
Communities Development Block Grant (SCDBG) is to assist small
cities and communities that have a high concentration of
impoverished citizens and substandard housing to expand their
low-income and moderate-income housing opportunities and to meet
community development needs.
(b) Community Services Block Grant.--The Community Services
Block Grant (CSBG) is to provide a range of services and
activities having a measurable and potentially major impact on
the causes of poverty in the community or those areas of the
community where poverty is a particularly acute problem. In
addition, new focus may be placed on the unemployed, both old
and new. Local agencies may lower their eligibility requirements
for recipients to three months to allow greater flexibility to
assure proper consideration of each recipient.
(c) Preventive Health and Health Services Block Grant.--The
Preventive Health and Health Services Block Grant (PHHSBG) is
for the provision of preventive health and other health services
related to emergency medical systems, health initiative grants,
comprehensive public health, hypertension, fluoridation, health
education, risk reduction, home health, rape crisis and domestic
violence services.
(d) Maternal and Child Health Services Block Grant.--The
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Maternal and Child Health Services Block Grant (MCHSBG) is to
enable states to maintain and strengthen their leadership in
planning, promoting, coordinating and evaluating health care for
pregnant women, mothers, infants and children, and children with
special health care needs and in providing health services for
mothers and children who do not have access to adequate health
care.
(e) Low-Income Home Energy Assistance Block Grant.--The Low-
Income Home Energy Assistance Block Grant (LIHEABG) is to help
lessen the impact of the high cost of energy on low-income
families and individuals, including energy efficiency grants for
low-income dwellings. No less than 15% of the LIHEABG funds
received shall be used for weatherization. LIHEABG funds
received pursuant to a Presidential release of contingency funds
shall be exempt from the 15% requirement.
(f) Social Services Block Grant.--The Social Services Block
Grant (SSBG) is for the provision of social services to eligible
persons.
(g) Mental Health Services Block Grant.--The Mental Health
Services Block Grant (MHSBG) provides funds for the provision of
services to adults with serious mental illness or children with
serious emotional disturbance.
(h) Substance Abuse Block Grant.--The Substance Abuse Block
Grant (SABG) provides funds to establish and maintain programs
to combat drug and alcohol abuse.
(i) Child Care and Development Fund Block Grant.--The Child
Care and Development Fund Block Grant (CCDFBG) is for the
provision of direct child care for low-income families.
(j) Temporary Assistance for Needy Families Block Grant.--
The Temporary Assistance for Needy Families Block Grant (TANFBG)
provides funds for the provision of cash grants, child care,
training and support services, child welfare and administration
for eligible families and individuals.
Section 1706-E. Reports to General Assembly.
(a) Independent Fiscal Office.--The Independent Fiscal
Office shall evaluate the economic impact to the Commonwealth,
its industry partners and consumers for any regulation impacting
single-use plastics, reusable plastics, auxiliary containers,
wrappings or polystyrene containers and submit a full report of
its findings to the General Assembly no later than December 31,
2020.
(b) Legislative Budget and Finance Committee.--The
Legislative Budget and Finance Committee shall evaluate the
environmental impact and any impact upon residents of this
Commonwealth from any regulation impacting single-use plastics,
reusable plastics, auxiliary containers, wrappings or
polystyrene containers and submit a full report of its findings
to the General Assembly no later than December 31, 2020.
(c) Prohibition.--Until such time as the Independent Fiscal
Office and the Legislative Budget and Finance Committee submit
the reports required under subsections (a) and (b),
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respectively, the General Assembly or a local governmental body
or agency may not enact a law, rule, regulation or ordinance
imposing a tax on or relating to the use, disposition, sale,
prohibition or restriction of single-use plastics, reusable
plastics, auxiliary containers, wrappings or polystyrene
containers.
Section 16. Sections 1724-E and 1724.1-E of the act are
amended to read:
Section 1724-E. Department of General Services.
(a) Capitol Complex fire services.--The General Assembly
shall provide annual appropriations to support the provision of
fire services to the Capitol Complex in the City of Harrisburg.
(b) Farm Show Complex restricted revenue account.--A
restricted account is hereby created within the General Fund.
Each fiscal year, the State Treasurer, after consultation with
the Secretary of the Budget and Secretary of General Services,
shall transfer into the restricted account the amount from the
general revenues of the Commonwealth collected under Article III
of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
Reform Code of 1971, that is necessary for the Department of
General Services to make payments due each fiscal year under
contract number 2018-OCC7364 beginning with the 2019-2020 fiscal
year. Monies deposited in the account are hereby appropriated by
the General Assembly to the Department of General Services for
the payment of such costs.
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
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) Deadlines for fees.--The following shall apply:
(1) 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 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.
(2) Notwithstanding 4 Pa.C.S. Pt. II 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.
(c) Category 4 slot machine license auctions.--
Notwithstanding 4 Pa.C.S. Pt. II or any other provision of law
to the contrary, the following shall apply:
(1) Beginning no later than September 4, 2019, and
concluding by December 31, 2019, the board shall conduct up
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to five auctions for the remaining available Category 4 slot
machine licenses, subject to the limitations under paragraphs
(2) and (2.1).
(2) In conducting the auctions, the following shall
apply:
(i) The board shall conduct auctions according to
the procedures under 4 Pa.C.S. § 1305.2(c) (relating to
conduct of auctions).
(ii) The board shall set the date, time and location
of the auctions at least two weeks prior to the first
auction and make auction information available on the
board's publicly accessible Internet website.
(iii) Additional auctions shall take place until
either no remaining Category 4 slot machine licenses
remain or until an auction fails to generate a bid.
(iv) If an auction fails to generate a bid, no
further auctions shall be conducted.
(v) Eligible bidders shall only be slot machine
licensees as defined under 4 Pa.C.S. § 1103 (relating to
definitions) which satisfy the following:
(A) the slot machine licensee's license and
table games operation certificate are in good
standing with the board; and
(B) 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)
(relating to Category 4 slot machine license).
(2.1) A winning bidder's Category 4 location may not be
located within 40 linear miles of a licensed facility or
another Category 4 location, as those terms are defined under
4 Pa.C.S. § 1103.
(3) Upon conclusion of the auctions under this
subsection, the board may not conduct an additional auction
of Category 4 licenses, including an auction authorized under
4 Pa.C.S. § 1305.2(b.1).
(4) Each Category 4 slot machine license fee under 4
Pa.C.S. § 1305.1(e) and authorization fee under 4 Pa.C.S. §
1305.1(d)(3)(ii) shall be deposited in accordance with 4
Pa.C.S. § 1305.2(d).
(5) The provisions of 4 Pa.C.S. § 1305.1(a), (b)(1),
(3), (4), (5), (6) and (7), (c), (d), (e), (f) and (g) shall
apply to this subsection.
(d) Category 1 slot machine license.-- The board may not
award a Category 1 slot machine license which has not been
awarded as of the effective date of this subsection.
Section 17. Sections 1729-E and 1738-E(a) of the act are
amended by adding paragraphs to read:
Section 1729-E. Department of Human Services.
The following shall apply to appropriations for the
Department of Human Services:
* * *
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(5) The department, upon approval of the secretary, may
transfer Federal money appropriated for Temporary Assistance
for Needy Families Block Grant Child Care Assistance to the
Child Care and Development Fund Block Grant 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
paragraph 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.
(6) The department, upon approval of the secretary, may
transfer Federal money appropriated for Child Care and
Development Fund Block Grant Child Care Assistance to the
Child Care and Development Fund Block Grant Child Care
Services appropriation to provide child-care services to
additional low-income families, provided that 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 paragraph 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.
Section 1738-E. Pennsylvania Higher Education Assistance
Agency.
(a) Appropriations.--The following shall apply to
appropriations for the Pennsylvania Higher Education Assistance
Agency from the General Appropriation Act:
* * *
(3) The appropriations to the Pennsylvania Higher
Education Assistance Agency, which is an integral part and
arm of the Commonwealth and which is directly controlled by
the Commonwealth, shall supplement other Commonwealth funds
maintained by the Pennsylvania Higher Education Assistance
Agency in order to fulfill its essential State governmental
function of providing Commonwealth students with access to
higher education opportunities and providing essential higher
education programs for the benefit of Commonwealth students.
* * *
Section 18. Sections 1795.1-E and 1798.3-E(d) of the act,
amended June 22, 2018 (P.L.281, No.42), 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, an additional surcharge of $10
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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 paragraph shall expire December 31, 2020.
(2) In addition to the fee under 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).
[(3) This subsection shall expire December 31, 2020.]
Section 1798.3-E. Multimodal Transportation Fund.
* * *
(d) Expiration.--This section shall expire December 31,
[2019] 2020.
Section 19. Section 1799-E(b) of the act is amended and the
section is amended by adding a subsection to read:
Section 1799-E. State Gaming Fund.
* * *
(b) [(Reserved).] Transfers to General Fund.--
(1) Any funds from fiscal years ending before July 1,
2019, not committed for local law enforcement grants under 4
Pa.C.S. § 1408(c) (relating to transfers from State Gaming
Fund) on September 1, 2019, shall be transferred to the
General Fund.
(2) (Reserved).
(b.1) Transfers for loan and repayment.--From funds
deposited into the General Fund under subsection (b)(1), the sum
of $1,192,000 shall be transferred to the Video Gaming Fund.
Funds transferred under this subsection shall be subject to
section 704 of the act of , (P.L. , No. ), known as the
Gaming Control Appropriation Act of 2019, and shall be repaid to
the General Fund from regulatory accounts established under 4
Pa.C.S. § 4104 (relating to regulatory assessments).
* * *
Section 19.1. The is amended by adding a section to read:
Section 1799.9-E. Joint Legislative Air and Water Pollution
Control and Conservation Committee.
(a) Termination.--The Joint Legislative Air and Water
Pollution Control and Conservation Committee established under
the act of January 19, 1967 (1968 P.L.1022, No.448), entitled,
"An act creating a Joint Legislative Air and Water Pollution
Control and Conservation Committee, providing for the terms and
appointment of members and for organization of the committee and
employment of personnel, providing for study of air and water
pollution laws and their enforcement, providing for information
and assistance from other agencies of government, and making an
appropriation," shall terminate July 1, 2021.
(b) (Reserved).
Section 20. Section 1730-H of the act, repealed and added
June 22, 2018 (P.L.281, No.42), is amended to read:
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Section 1730-H. Department of Revenue.
The following 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] 2018-2019. Revenues collected
and the amount of refunds avoided as a result of expanded tax
return reviews and tax collection activities shall be
deposited into the restricted account. The following shall
apply:
(i) Of the money transferred under this paragraph in
the account, for fiscal years 2018-2019 [and 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, 2019, [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 21. 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-J and XVII-K of the act are repealed.
Section 22. The act is amended by adding articles to read:
ARTICLE XVII-J
2019-2020 BUDGET IMPLEMENTATION
SUBARTICLE A
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PRELIMINARY PROVISIONS
Section 1701-J. Applicability.
Except as specifically provided in this article, this article
applies to the General Appropriation Act of 2019 and all other
appropriation acts of 2019.
Section 1702-J. 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 2019." The act of 2019
(P.L. , No. ), known as the General Appropriation Act of 2019.
"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.
Section 1703-J. Department of Criminal Justice.
For the purposes of the General Appropriation Act of 2019, 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-J. Governor (Reserved).
Section 1712-J. 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 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, $400,000 shall
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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, $400,000 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 with programs in cities of
the second class and third class also receiving a
proportional share of $50,000.
(4) From funds available to the commission for the
fiscal year beginning July 1, 2013:
(i) $1,000,000 shall be transferred to the
Department of Corrections, which shall use the funds to
enhance mail safety handling and processing. The
Department of Corrections shall issue a request for
proposal for services, equipment or physical upgrades to
make the necessary enhancements.
(ii) $500,000 shall be used by the commission for
grants to counties, which shall be used to reimburse
costs for indigent criminal defense in capital cases.
Section 1713-J. Lieutenant Governor (Reserved).
Section 1714-J. Attorney General (Reserved).
Section 1715-J. Auditor General.
From money appropriated for special financial audits,
$500,000 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-J. Treasury Department (Reserved).
Section 1717-J. Department of Aging (Reserved).
Section 1718-J. Department of Agriculture.
The following apply to appropriations for the Department of
Agriculture:
(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
Commission of Agricultural Education Excellence to assist in
development and implementation of agricultural education
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programming.
(3) From money appropriated for agricultural
preparedness and response, no less than $1,000,000 shall be
used to fund research on chronic wasting disease, including
research on diagnostic tests to detect chronic wasting
disease in cervids and preventing humans from consuming
infected venison, toward developing and testing live-animal
tests for the detection of chronic wasting disease and
injectable and oral vaccines for chronic wasting disease
prevention in cervids. Funding under this paragraph shall be
awarded after the issuance of a request for proposals.
(4) From money appropriated for agricultural research,
the following apply:
(i) No less than $300,000 shall be used for an
agricultural resource center.
(ii) 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.
(5) The appropriation for agriculture promotion,
education and exports includes $250,000 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.
(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.
(8) The Secretary of Agriculture shall provide to the
Agricultural and Rural Affairs Committee of the Senate and
the Agricultural and Rural Affaris Committee of the House of
Representatives a status report on the implementation of the
PA Preferred Organic Initiative. The internal report shall
include progress on program development, assessment of the
organic market opportunities for farmers and consumers in
this Commonwealth, outline the process for USDA approval and
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any recommendations to ensure program success.
Section 1719-J. 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) At least $150,000 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 most recent
Federal decennial census.
(ii) At least $800,000 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 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;
(ii) the remaining money includes an allocation to
be used to plan, market and conduct a series of arts and
cultural activities that generate Statewide and regional
economic impact, and $500,000 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) $6,357,000 shall be used to fund the Main Street
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) $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) No less than $300,000 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 $300,000 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
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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-J. Department of Conservation and Natural
Resources (Reserved).
Section 1721-J. Department of Corrections.
From the appropriation to the Department of Criminal Justice
for general government operations under the General
Appropriation Act of 2019, at least $1,750,000 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.
Section 1721.1-J. Department of Drug and Alcohol Programs
(Reserved).
Section 1722-J. 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 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, and no less than the amount allocated
in the 2016-2017 fiscal year shall be allocated for an after-
school learning program servicing low-income students located
in a county of the third class with a population, based on
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the most recent 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 increased by 2.95% over the amount paid in fiscal
year 2018-2019.
(3) From money appropriated for Pennsylvania Chartered
Schools for the Deaf and Blind:
(i) Upon distribution of the final tuition payment
for fiscal year 2019-2020, 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 2018-2019 fiscal year.
(ii) $500,000 is included 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) From money appropriated for regional community
college services, all of the following shall apply:
(i) $918,000 shall be distributed to a community
college in a county of the fourth class with a population
of at least 175,000, but not more than 190,000, under the
most recent Federal decennial census.
(ii) (Reserved).
(iii) $368,000 shall be distributed for a county of
the sixth class with a population of at least 75,000, but
not more than 85,000, under the most recent Federal
decennial census to establish a program that targets
postsecondary students.
(6) Notwithstanding any other provisions of law, money
appropriated for community education councils shall be
distributed to each entity that received funding in fiscal
year 2018-2019 in an amount equal to the amount it received
in that fiscal year and a pro rata share of $47,000.
(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 to provide
for Social Security and Medicare contributions from money
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