SENATE AMENDED PRIOR PRINTER'S NOS. 1600, 2125, 2173 PRINTER'S NO. 2239
No. 1295 Session of 2007
INTRODUCED BY HANNA, BAKER, BELFANTI, CONKLIN, DENLINGER, FABRIZIO AND CALTAGIRONE, MAY 18, 2007
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 6, 2007
AN ACT 1 Amending the act of July 2, 1993 (P.L.359, No.50), entitled "An <-- 2 act providing for the establishment, operation and 3 administration of the Keystone Recreation, Park and 4 Conservation Fund; designating a portion of the State Realty 5 transfer tax revenues as a funding source for the fund; 6 authorizing the incurring of indebtedness, with the approval 7 of the electorate, to provide funding for the acquisition of, 8 improvements to and the rehabilitation of parks, recreational 9 facilities, educational facilities, historic sites, zoos and 10 public libraries; imposing additional powers and duties on 11 the Department of Environmental Resources, the Department of 12 Community Affairs, the Department of Education, the 13 Pennsylvania Historical and Museum Commission, the State 14 System of Higher Education, the Pennsylvania Game Commission 15 and the Pennsylvania Fish and Boat Commission; requiring a 16 transfer from the Realty Transfer Tax Account in the General 17 Fund; and making an appropriation," further providing for 18 allocation from the Keystone Recreation, Park and 19 Conservation Fund. 1 AMENDING THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), ENTITLED, <-- 2 AS AMENDED, "AN ACT RELATING TO THE FINANCES OF THE STATE 3 GOVERNMENT; PROVIDING FOR THE SETTLEMENT, ASSESSMENT, 4 COLLECTION, AND LIEN OF TAXES, BONUS, AND ALL OTHER ACCOUNTS 5 DUE THE COMMONWEALTH, THE COLLECTION AND RECOVERY OF FEES AND 6 OTHER MONEY OR PROPERTY DUE OR BELONGING TO THE COMMONWEALTH, 7 OR ANY AGENCY THEREOF, INCLUDING ESCHEATED PROPERTY AND THE 8 PROCEEDS OF ITS SALE, THE CUSTODY AND DISBURSEMENT OR OTHER 9 DISPOSITION OF FUNDS AND SECURITIES BELONGING TO OR IN THE 10 POSSESSION OF THE COMMONWEALTH, AND THE SETTLEMENT OF CLAIMS 11 AGAINST THE COMMONWEALTH, THE RESETTLEMENT OF ACCOUNTS AND 12 APPEALS TO THE COURTS, REFUNDS OF MONEYS ERRONEOUSLY PAID TO 13 THE COMMONWEALTH, AUDITING THE ACCOUNTS OF THE COMMONWEALTH
1 AND ALL AGENCIES THEREOF, OF ALL PUBLIC OFFICERS COLLECTING 2 MONEYS PAYABLE TO THE COMMONWEALTH, OR ANY AGENCY THEREOF, 3 AND ALL RECEIPTS OF APPROPRIATIONS FROM THE COMMONWEALTH, 4 AUTHORIZING THE COMMONWEALTH TO ISSUE TAX ANTICIPATION NOTES 5 TO DEFRAY CURRENT EXPENSES, IMPLEMENTING THE PROVISIONS OF 6 SECTION 7(A) OF ARTICLE VIII OF THE CONSTITUTION OF 7 PENNSYLVANIA AUTHORIZING AND RESTRICTING THE INCURRING OF 8 CERTAIN DEBT AND IMPOSING PENALTIES; AFFECTING EVERY 9 DEPARTMENT, BOARD, COMMISSION, AND OFFICER OF THE STATE 10 GOVERNMENT, EVERY POLITICAL SUBDIVISION OF THE STATE, AND 11 CERTAIN OFFICERS OF SUCH SUBDIVISIONS, EVERY PERSON, 12 ASSOCIATION, AND CORPORATION REQUIRED TO PAY, ASSESS, OR 13 COLLECT TAXES, OR TO MAKE RETURNS OR REPORTS UNDER THE LAWS 14 IMPOSING TAXES FOR STATE PURPOSES, OR TO PAY LICENSE FEES OR 15 OTHER MONEYS TO THE COMMONWEALTH, OR ANY AGENCY THEREOF, 16 EVERY STATE DEPOSITORY AND EVERY DEBTOR OR CREDITOR OF THE 17 COMMONWEALTH," PROVIDING FOR COMMONWEALTH EMPLOYEES GROUP <-- 18 LIFE INSURANCE; FURTHER PROVIDING, IN BUDGET IMPLEMENTATION, <-- 19 FOR THE STATE SYSTEM OF HIGHER EDUCATION AND FOR BUDGET <-- 20 IMPLEMENTATION; PROVIDING FOR GENERAL BUDGET IMPLEMENTATION 21 AND FOR 2007-2008 BUDGET IMPLEMENTATION AND RESTRICTIONS ON 22 APPROPRIATIONS FOR FUNDS AND ACCOUNTS; AND MAKING A RELATED 23 REPEAL. 24 The General Assembly of the Commonwealth of Pennsylvania 25 hereby enacts as follows: 26 Section 1. Section 12 of the act of July 2, 1993 (P.L.359, <-- 27 No.50), known as the Keystone Recreation, Park and Conservation 28 Fund Act, is amended by adding a subsection to read: 29 Section 12. Allocation from fund. 30 * * * 31 (c) Notwithstanding the provisions of subsection (b), for 32 fiscal year 2006-2007 only, the entire amount of the transfer to 33 the fund under section 1106-C(d) of the act of March 4, 1971 34 (P.L.6, No.2), known as the Tax Reform Code of 1971, shall be 35 allocated to the State System of Higher Education. 36 Section 2. This act shall take effect immediately. 37 SECTION 1. SECTION 1737-B OF THE ACT OF APRIL 9, 1929 <-- 38 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE, ADDED JULY 5, 2006 39 (P.L.296, NO.66), IS AMENDED TO READ: 40 SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN <-- 41 AS THE FISCAL CODE, IS AMENDED BY ADDING AN ARTICLE TO READ: 20070H1295B2239 - 2 -
1 ARTICLE XV-A 2 COMMONWEALTH EMPLOYEES GROUP LIFE INSURANCE 3 SECTION 1501-A. DEFINITIONS. 4 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE 5 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 6 CONTEXT CLEARLY INDICATES OTHERWISE: 7 "ANNUAL PAY RATE." THE BASE PAY RATE ANNUALIZED AND, IN THE 8 CASE OF HOURLY ELIGIBLE EMPLOYEES, SHALL BE COMPUTED ON THE 9 BASIS OF EXPECTED WORK HOURS. 10 "DEPARTMENT." THE DEPARTMENT OF GENERAL SERVICES OF THE 11 COMMONWEALTH. 12 "EMPLOYEES." A PERMANENT, CONTINUOUSLY SCHEDULED EMPLOYEE OF 13 THE EXECUTIVE, JUDICIAL OR LEGISLATIVE BRANCH OF THE 14 COMMONWEALTH, ITS COMMISSIONS, BOARDS, DEPARTMENTS AND 15 AUTHORITIES. THE TERM SHALL INCLUDE MEMBERS OF THE GENERAL 16 ASSEMBLY. 17 "LIFE INSURANCE." LIFE INSURANCE PROCURED UNDER THIS 18 ARTICLE. 19 "SECRETARY." THE SECRETARY OF GENERAL SERVICES OF THE 20 COMMONWEALTH. 21 SECTION 1502-A. GROUP LIFE INSURANCE. 22 (A) PROCUREMENT BY DEPARTMENT.--EXCEPT AS PROVIDED UNDER 23 SUBSECTION (B), THE DEPARTMENT, WITH THE APPROVAL OF THE 24 GOVERNOR AND WITH THE ADVICE OF THE INSURANCE COMMISSIONER, 25 SHALL PROCURE FROM ONE OR MORE LIFE INSURANCE COMPANIES 26 AUTHORIZED TO DO BUSINESS IN THIS COMMONWEALTH A POLICY OR 27 POLICIES OF GROUP LIFE INSURANCE COVERING ELIGIBLE EMPLOYEES. 28 (B) LEGISLATIVE BRANCH.--UPON WRITTEN NOTICE TO THE 29 SECRETARY, AN INDIVIDUAL AGENCY OF THE GENERAL ASSEMBLY MAY 30 PROCURE LIFE INSURANCE FOR ITS ELIGIBLE EMPLOYEES, INCLUDING 20070H1295B2239 - 3 -
1 MEMBERS OF THE GENERAL ASSEMBLY, IN PLACE OF LIFE INSURANCE 2 AVAILABLE UNDER SUBSECTION (A). ANY LIFE INSURANCE PROCURED 3 UNDER THIS SUBSECTION SHALL, AT A MINIMUM, MEET THE REQUIREMENTS 4 OF SECTIONS 1503-A, 1504-A, 1505-A, 1506-A AND 1508-A. 5 (C) ELIGIBILITY.--AN EMPLOYEE UNDER SUBSECTION (A) OR (B) IN 6 ACTIVE SERVICE SHALL BE ELIGIBLE FOR LIFE INSURANCE UNDER THIS 7 ARTICLE IF THE EMPLOYEE HAS COMPLETED THREE MONTHS' CONTINUOUS 8 SERVICE AS AN EMPLOYEE UNDER SUBSECTION (A) OR (B). TEMPORARY 9 EMPLOYEES SHALL NOT BE ELIGIBLE. 10 SECTION 1503-A. AMOUNT. 11 (A) SCHEDULE.--THE AMOUNT OF LIFE INSURANCE FOR ANY ELIGIBLE 12 EMPLOYEE SHALL BE BASED ON THE ELIGIBLE EMPLOYEE'S ANNUAL PAY 13 RATE FROM THE COMMONWEALTH IN ACCORDANCE WITH A SCHEDULE TO BE 14 SUBMITTED ANNUALLY BY THE SECRETARY FOR PUBLICATION IN THE 15 PENNSYLVANIA BULLETIN. 16 (B) REDUCTION.--THE AMOUNT OF LIFE INSURANCE FOR ANY 17 ELIGIBLE EMPLOYEES 70 YEARS OF AGE OR OLDER SHALL BE ONE-HALF 18 THE AMOUNT OF LIFE INSURANCE PROVIDED UNDER THE SCHEDULE 19 PUBLISHED UNDER SUBSECTION (A). 20 (C) CHANGE IN AMOUNT.--ANY CHANGE IN THE AMOUNT OF LIFE 21 INSURANCE MADE NECESSARY BY A CHANGE IN PAY SHALL TAKE EFFECT ON 22 THE NEXT SUCCEEDING PROGRAM ANNIVERSARY. 23 SECTION 1504-A. CONTRIBUTIONS. 24 (A) ELIGIBLE EMPLOYEE PAYMENT.--EXCEPT AS PROVIDED UNDER 25 SUBSECTION (B), EACH ELIGIBLE EMPLOYEE COVERED BY LIFE INSURANCE 26 SHALL PAY, EITHER DIRECTLY OR BY MEANS OF A PAYROLL DEDUCTION 27 AUTHORIZED BY THE EMPLOYEE, THE COST OF THE INSURANCE IN AN 28 AMOUNT AS MAY BE DETERMINED FROM TIME TO TIME ON THE BASIS OF 29 THE ACTUAL TOTAL COSTS OF THE LIFE INSURANCE POLICY OR POLICIES 30 CONTRACTED FOR BY THE COMMONWEALTH. 20070H1295B2239 - 4 -
1 (B) COMMONWEALTH PAYMENT.--THE COMMONWEALTH MAY AGREE TO PAY 2 ALL OR ANY OF THE COSTS FOR LIFE INSURANCE. 3 SECTION 1505-A. TERMINATION. 4 (A) CESSATION.--EXCEPT AS PROVIDED UNDER SUBSECTION (B), 5 LIFE INSURANCE SHALL, SUBJECT TO ANY CONVERSION PRIVILEGE, CEASE 6 UPON THE OCCURRENCE OF ANY OF THE FOLLOWING: 7 (1) TERMINATION OF EMPLOYMENT. 8 (2) NONPAYMENT OF ANY CONTRIBUTION DUE FROM AN ELIGIBLE 9 EMPLOYEE. 10 (3) AFTER 12 CONTINUOUS MONTHS OF UNPAID ABSENCE. 11 (B) DISABILITY.--LIFE INSURANCE SHALL BE CONTINUED FOR 12 EMPLOYEES WHO TERMINATE AFTER BECOMING PERMANENTLY AND TOTALLY 13 DISABLED WHILE COVERED UNDER THIS PROGRAM. 14 SECTION 1506-A. AUTOMATIC COVERAGE. 15 (A) PROVISION FOR COVERAGE.--ANY POLICY OF LIFE INSURANCE 16 SHALL PROVIDE THAT ALL ELIGIBLE EMPLOYEES SHALL BE AUTOMATICALLY 17 COVERED COMMENCING ON THE DATE THEY FIRST BECOME ELIGIBLE. 18 (B) NOTICE.--AN EMPLOYEE DESIRING NOT TO BE COVERED BY LIFE 19 INSURANCE SHALL GIVE WRITTEN NOTICE, ON A PRESCRIBED FORM, TO 20 THE EMPLOYEE'S EMPLOYING OFFICE THAT THE EMPLOYEE DESIRES NOT TO 21 BE INSURED. IF THE NOTICE IS RECEIVED BEFORE THE EMPLOYEE 22 BECOMES INSURED UNDER THE POLICY, THE EMPLOYEE SHALL NOT BE 23 INSURED. IF THE NOTICE IS RECEIVED AFTER THE EMPLOYEE BECOMES 24 INSURED, THE EMPLOYEE'S INSURANCE UNDER THE POLICY WILL CEASE 25 EFFECTIVE WITH THE END OF THE PAY PERIOD DURING WHICH THE NOTICE 26 IS RECEIVED BY THE EMPLOYING OFFICE. 27 SECTION 1507-A. SECRETARY TO BE AGENT. 28 (A) AGENT.--EXCEPT FOR LIFE INSURANCE PROCURED UNDER SECTION 29 1502-A(B), THE SECRETARY IS EXCLUSIVELY AUTHORIZED AND SHALL 30 HAVE THE DUTY TO TRANSACT ALL BUSINESS NECESSARY FOR THE PURPOSE 20070H1295B2239 - 5 -
1 OF CONTRACTING FOR INSURANCE UNDER THIS ARTICLE. 2 (B) COMMISSION.--THE LIFE INSURANCE COMPANY OR COMPANIES 3 FROM WHOM LIFE INSURANCE IS PROCURED BY THE SECRETARY SHALL 4 COMPUTE COMMISSIONS IN ACCORDANCE WITH THEIR STANDARD PRACTICE 5 FOLLOWED IN OTHER SIMILAR PLANS. THE COMMISSIONS SHALL BE PAID 6 TO THE SECRETARY TO OFFSET ADMINISTRATIVE AND OTHER EXPENSES 7 INCURRED IN THE ADMINISTRATION OF THE INSURANCE PLAN. 8 SECTION 1508-A. APPLICABILITY OF INSURANCE LAWS. 9 ALL LIFE INSURANCE SHALL BE SUBJECT TO THE LAWS OF THIS 10 COMMONWEALTH RELATING TO INSURANCE. 11 SECTION 2. SECTION 1737-B OF THE ACT, ADDED JULY 5, 2006 12 (P.L.296, NO.66), IS AMENDED TO READ: 13 SECTION 1737-B. STATE SYSTEM OF HIGHER EDUCATION. 14 [(RESERVED).] 15 THE FOLLOWING SHALL APPLY TO EXECUTIVE AUTHORIZATIONS FROM 16 THE KEYSTONE RECREATION, PARK AND CONSERVATION FUND FOR THE 17 STATE SYSTEM OF HIGHER EDUCATION: 18 (1) NOTWITHSTANDING THE PROVISIONS OF SECTION 12(B) OF 19 THE ACT OF JULY 2, 1993 (P.L.359, NO.50), KNOWN AS THE 20 KEYSTONE RECREATION, PARK AND CONSERVATION FUND ACT, FOR 21 FISCAL YEAR 2006-2007, THE ENTIRE AMOUNT OF THE TRANSFER 22 UNDER SECTION 1106-C(D) OF THE ACT OF MARCH 4, 1971 (P.L.6, 23 NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, SHALL BE PAID TO 24 THE STATE SYSTEM OF HIGHER EDUCATION. 25 (2) (RESERVED). 26 SECTION 3. THE ACT IS AMENDED BY ADDING ARTICLES TO READ: <-- 27 ARTICLE XVII-E 28 GENERAL BUDGET IMPLEMENTATION 29 SUBARTICLE A 30 PRELIMINARY PROVISIONS 20070H1295B2239 - 6 -
1 SECTION 1701-E. APPLICABILITY. 2 THIS ARTICLE APPLIES TO APPROPRIATIONS FROM EVERY GENERAL 3 APPROPRIATION ACT. 4 SECTION 1702-E. DEFINITIONS AND ABBREVIATIONS. 5 (A) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED 6 IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 7 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: 8 "SECRETARY." THE SECRETARY OF THE BUDGET OF THE 9 COMMONWEALTH. 10 (B) ABBREVIATIONS.--THE FOLLOWING ABBREVIATIONS WHEN USED IN 11 THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 12 SECTION: 13 "AIDS." ACQUIRED IMMUNE DEFICIENCY SYNDROME. 14 "ARC." APPALACHIAN REGIONAL COMMISSION. 15 "BG." BLOCK GRANT. 16 "CCDFBG." CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT. 17 "CSBG." COMMUNITY SERVICES BLOCK GRANT. 18 "DCSI." DRUG CONTROL AND SYSTEMS IMPROVEMENT FORMULA GRANT 19 PROGRAM. 20 "DFSC." DRUG FREE SCHOOLS AND COMMUNITIES ACT. 21 "DOE." DEPARTMENT OF ENERGY. 22 "EEOC." EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. 23 "EPA." ENVIRONMENTAL PROTECTION AGENCY. 24 "ESEA." ELEMENTARY AND SECONDARY EDUCATION ACT. 25 "FEMA." FEDERAL EMERGENCY MANAGEMENT AGENCY. 26 "FTA." FEDERAL TRANSIT ADMINISTRATION. 27 "HUD." DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 28 "LIHEABG." LOW-INCOME HOME ENERGY ASSISTANCE BLOCK GRANT. 29 "LSTA." LIBRARY SERVICES AND TECHNOLOGY ACT. 30 "MCHSBG." MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT. 20070H1295B2239 - 7 -
1 "MHSBG." MENTAL HEALTH SERVICES BLOCK GRANT. 2 "MR." MENTAL RETARDATION. 3 "PAFE." PENNSYLVANIA AGRICULTURAL FOOD EXPOSITION. 4 "PHHSBG." PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT. 5 "RSAT." RESIDENTIAL SUBSTANCE ABUSE TREATMENT. 6 "SABG." SUBSTANCE ABUSE BLOCK GRANT. 7 "SCDBG." SMALL COMMUNITIES DEVELOPMENT BLOCK GRANT. 8 "SDA." SERVICE DELIVERY AREA. 9 "SSBG." SOCIAL SERVICES BLOCK GRANT. 10 "TANF." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. 11 "TANFBG." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 12 GRANT. 13 "TEFAP." TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM. 14 "WIA." WORKFORCE INVESTMENT ACT. 15 "WIC." WOMEN, INFANTS AND CHILDREN PROGRAM. 16 SECTION 1703-E. WARRANTS. 17 (RESERVED). 18 SUBARTICLE B 19 EXECUTIVE DEPARTMENT 20 SECTION 1711-E. GOVERNOR. 21 (RESERVED). 22 SECTION 1712-E. EXECUTIVE OFFICES. 23 (RESERVED). 24 SECTION 1713-E. LIEUTENANT GOVERNOR. 25 (RESERVED). 26 SECTION 1714-E. ATTORNEY GENERAL. 27 (RESERVED). 28 SECTION 1715-E. AUDITOR GENERAL. 29 (RESERVED). 30 SECTION 1716-E. TREASURY DEPARTMENT. 20070H1295B2239 - 8 -
1 (RESERVED). 2 SECTION 1717-E. DEPARTMENT OF AGING. 3 (RESERVED). 4 SECTION 1718-E. DEPARTMENT OF AGRICULTURE. 5 (RESERVED). 6 SECTION 1719-E. DEPARTMENT OF COMMUNITY AND ECONOMIC 7 DEVELOPMENT. 8 (RESERVED). 9 SECTION 1720-E. DEPARTMENT OF CONSERVATION AND NATURAL 10 RESOURCES. 11 (RESERVED). 12 SECTION 1721-E. DEPARTMENT OF CORRECTIONS. 13 (RESERVED). 14 SECTION 1722-E. DEPARTMENT OF EDUCATION. 15 (RESERVED). 16 SECTION 1723-E. DEPARTMENT OF ENVIRONMENTAL PROTECTION. 17 (RESERVED). 18 SECTION 1724-E. DEPARTMENT OF GENERAL SERVICES. 19 (RESERVED). 20 SECTION 1725-E. DEPARTMENT OF HEALTH. 21 (RESERVED). 22 SECTION 1726-E. INSURANCE DEPARTMENT. 23 (RESERVED). 24 SECTION 1727-E. DEPARTMENT OF LABOR AND INDUSTRY. 25 (RESERVED). 26 SECTION 1728-E. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS. 27 (RESERVED). 28 SECTION 1729-E. DEPARTMENT OF PUBLIC WELFARE. 29 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 30 DEPARTMENT OF PUBLIC WELFARE: 20070H1295B2239 - 9 -
1 (1) (RESERVED). 2 (2) FEDERAL AND STATE MEDICAL ASSISTANCE PAYMENTS. THE 3 FOLLOWING SHALL APPLY: 4 (I) (RESERVED). 5 (II) (RESERVED). 6 (III) (RESERVED). 7 (IV) (RESERVED). 8 (V) (RESERVED). 9 (VI) (RESERVED). 10 (VII) THE FOLLOWING SHALL APPLY TO ELIGIBILITY 11 DETERMINATIONS FOR SERVICES UNDER MEDICAL ASSISTANCE: 12 (A) UNLESS THE CUSTODIAL PARENT OR LEGALLY 13 RESPONSIBLE ADULT HAS PROVIDED TO THE DEPARTMENT, AT 14 APPLICATION OR REDETERMINATION, INFORMATION REQUIRED 15 BY THE DEPARTMENT FOR INCLUSION IN THE ANNUAL REPORT 16 UNDER CLAUSE (B), NO FUNDS FROM AN APPROPRIATION FOR 17 MEDICAL ASSISTANCE SHALL BE USED TO PAY FOR MEDICAL 18 ASSISTANCE SERVICES FOR A CHILD UNDER 21 YEARS OF 19 AGE: 20 (I) WHO HAS A SUPPLEMENTAL SECURITY INCOME 21 (SSI) LEVEL OF DISABILITY; AND 22 (II) WHOSE PARENTAL INCOME IS NOT CURRENTLY 23 CONSIDERED IN THE ELIGIBILITY DETERMINATION 24 PROCESS. 25 (B) THE DEPARTMENT SHALL SUBMIT TO THE PUBLIC 26 HEALTH AND WELFARE COMMITTEE OF THE SENATE AND THE 27 HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF 28 REPRESENTATIVES AN ANNUAL REPORT INCLUDING THE 29 FOLLOWING DATA: 30 (I) FAMILY SIZE. 20070H1295B2239 - 10 -
1 (II) HOUSEHOLD INCOME. 2 (III) COUNTY OF RESIDENCE. 3 (IV) LENGTH OF RESIDENCE IN THIS 4 COMMONWEALTH. 5 (V) THIRD-PARTY INSURANCE INFORMATION. 6 (VI) DIAGNOSIS AND TYPE AND COST OF SERVICES 7 PAID FOR BY THE MEDICAL ASSISTANCE PROGRAM ON 8 BEHALF OF EACH ELIGIBLE AND ENROLLED CHILD 9 DESCRIBED IN CLAUSE (A). 10 SECTION 1730-E. DEPARTMENT OF REVENUE. 11 (RESERVED). 12 SECTION 1731-E. DEPARTMENT OF STATE. 13 (RESERVED). 14 SECTION 1732-E. DEPARTMENT OF TRANSPORTATION. 15 (RESERVED). 16 SECTION 1733-E. PENNSYLVANIA STATE POLICE. 17 (RESERVED). 18 SECTION 1734-E. STATE CIVIL SERVICE COMMISSION. 19 (RESERVED). 20 SECTION 1735-E. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY. 21 (RESERVED). 22 SECTION 1736-E. PENNSYLVANIA FISH AND BOAT COMMISSION. 23 (RESERVED). 24 SECTION 1737-E. STATE SYSTEM OF HIGHER EDUCATION. 25 (RESERVED). 26 SECTION 1738-E. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE 27 AGENCY. 28 (RESERVED). 29 SECTION 1739-E. PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION. 30 (RESERVED). 20070H1295B2239 - 11 -
1 SECTION 1740-E. PENNSYLVANIA INFRASTRUCTURE INVESTMENT 2 AUTHORITY. 3 (RESERVED). 4 SECTION 1741-E. ENVIRONMENTAL HEARING BOARD. 5 (RESERVED). 6 SECTION 1742-E. PENNSYLVANIA BOARD OF PROBATION AND PAROLE. 7 (RESERVED). 8 SECTION 1743-E. PENNSYLVANIA PUBLIC TELEVISION NETWORK 9 COMMISSION. 10 (RESERVED). 11 SECTION 1744-E. PENNSYLVANIA SECURITIES COMMISSION. 12 (RESERVED). 13 SECTION 1745-E. STATE TAX EQUALIZATION BOARD. 14 (RESERVED). 15 SECTION 1746-E. HEALTH CARE COST CONTAINMENT COUNCIL. 16 (RESERVED). 17 SECTION 1747-E. STATE ETHICS COMMISSION. 18 (RESERVED). 19 SECTION 1748-E. STATE EMPLOYEES' RETIREMENT SYSTEM. 20 (RESERVED). 21 SECTION 1749-E. THADDEUS STEVENS COLLEGE OF TECHNOLOGY. 22 (RESERVED). 23 SECTION 1750-E. PENNSYLVANIA HOUSING FINANCE AGENCY. 24 (RESERVED). 25 SECTION 1751-E. LIHEABG. 26 THE FOLLOWING SHALL APPLY TO EXPENDITURES: 27 (1) THE DEPARTMENT OF PUBLIC WELFARE MAY, UPON APPROVAL 28 OF THE SECRETARY, MAKE TRANSFERS OF FEDERAL FUNDS 29 APPROPRIATED TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC 30 DEVELOPMENT FROM LIHEABG FOR WEATHERIZATION AND 20070H1295B2239 - 12 -
1 ADMINISTRATION IF THE TRANSFER WILL NOT RESULT IN A DEFICIT 2 IN ANY APPROPRIATION FROM WHICH FUNDS ARE TRANSFERRED. 3 (2) UNEXPENDED WEATHERIZATION FUNDS WHICH WOULD RESULT 4 IN LIHEABG FUNDS BEING RETURNED TO THE DEPARTMENT OF HEALTH 5 AND HUMAN SERVICES MAY BE SPENT FOR ASSISTANCE GRANTS AT THE 6 DISCRETION OF THE SECRETARY. 7 (3) THE SECRETARY SHALL PROVIDE TEN DAYS' PRIOR 8 NOTIFICATION OF A TRANSFER UNDER PARAGRAPH (1) OR (2) TO THE 9 CHAIRMAN AND THE MINORITY CHAIRMAN OF THE APPROPRIATIONS 10 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY 11 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF 12 REPRESENTATIVES. 13 SECTION 1752-E. BUDGET STABILIZATION RESERVE FUND. 14 (RESERVED). 15 SUBARTICLE C 16 LEGISLATIVE DEPARTMENT 17 SECTION 1761-E. SENATE. 18 (RESERVED). 19 SECTION 1762-E. HOUSE OF REPRESENTATIVES. 20 (RESERVED). 21 SECTION 1763-E. LEGISLATIVE REFERENCE BUREAU. 22 (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 23 CONTRARY, INCLUDING 62 PA.C.S. (RELATING TO PROCUREMENT), THE 24 PENNSYLVANIA CONSOLIDATED STATUTES, ADVANCE COPIES OF 25 STATUTES, VOLUMES OF THE LAWS OF PENNSYLVANIA AND OTHER 26 PUBLICATIONS SHALL BE PRINTED UNDER CONTRACTS ENTERED INTO BY 27 THE LEGISLATIVE REFERENCE BUREAU AND DISTRIBUTED AS 28 DETERMINED BY THE BUREAU. MONEY FROM SALES SHALL BE PAID TO 29 THE BUREAU OR THE DEPARTMENT OF GENERAL SERVICES, AS THE 30 BUREAU SHALL DETERMINE; AND THAT MONEY SHALL BE PAID INTO THE 20070H1295B2239 - 13 -
1 STATE TREASURY TO THE CREDIT OF THE GENERAL FUND. MONEY FROM 2 SALES IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE 3 LEGISLATIVE REFERENCE BUREAU FOR THE EDITING, PRINTING AND 4 DISTRIBUTION OF THE PENNSYLVANIA CONSOLIDATED STATUTES, 5 ADVANCE COPIES OF STATUTES, VOLUMES OF THE LAWS OF 6 PENNSYLVANIA AND OTHER PUBLICATIONS AND FOR RELATED EXPENSES. 7 (2) CONTINGENT EXPENSES CONNECTED WITH THE WORK OF THE 8 BUREAU SHALL BE PAID ON WARRANTS OF THE STATE TREASURER IN 9 FAVOR OF THE DIRECTOR ON THE PRESENTATION OF THE DIRECTOR'S 10 REQUISITIONS. 11 (3) THE DIRECTOR SHALL FILE AN ACCOUNTING OF THE 12 CONTINGENT EXPENSES, TOGETHER WITH SUPPORTING DOCUMENTS 13 WHENEVER POSSIBLE, IN THE OFFICE OF THE BUREAU. 14 SECTION 1764-E. LEGISLATIVE BUDGET AND FINANCE COMMITTEE. 15 (RESERVED). 16 SECTION 1765-E. LEGISLATIVE DATA PROCESSING COMMITTEE. 17 (RESERVED). 18 SECTION 1766-E. JOINT STATE GOVERNMENT COMMISSION. 19 (RESERVED). 20 SECTION 1767-E. LOCAL GOVERNMENT COMMISSION. 21 (RESERVED). 22 SECTION 1768-E. JOINT LEGISLATIVE AIR AND WATER POLLUTION 23 CONTROL AND CONSERVATION COMMITTEE. 24 (RESERVED). 25 SECTION 1769-E. LEGISLATIVE AUDIT ADVISORY COMMISSION. 26 (RESERVED). 27 SECTION 1770-E. INDEPENDENT REGULATORY REVIEW COMMISSION. 28 (RESERVED). 29 SECTION 1771-E. CAPITOL PRESERVATION COMMITTEE. 30 (RESERVED). 20070H1295B2239 - 14 -
1 SECTION 1772-E. PENNSYLVANIA COMMISSION ON SENTENCING. 2 (RESERVED). 3 SECTION 1773-E. CENTER FOR RURAL PENNSYLVANIA. 4 (RESERVED). 5 SECTION 1774-E. COMMONWEALTH MAIL PROCESSING CENTER. 6 (RESERVED). 7 SECTION 1775-E. CHIEF CLERK OF THE SENATE AND CHIEF CLERK OF 8 THE HOUSE OF REPRESENTATIVES. 9 (RESERVED). 10 SUBARTICLE D 11 JUDICIAL DEPARTMENT 12 SECTION 1781-E. SUPREME COURT. 13 (RESERVED). 14 SECTION 1782-E. SUPERIOR COURT. 15 (RESERVED). 16 SECTION 1783-E. COMMONWEALTH COURT. 17 (RESERVED). 18 SECTION 1784-E. COURTS OF COMMON PLEAS. 19 (RESERVED). 20 SECTION 1785-E. COMMUNITY COURTS - MAGISTERIAL DISTRICT JUDGES. 21 (RESERVED). 22 SECTION 1786-E. PHILADELPHIA TRAFFIC COURT. 23 (RESERVED). 24 SECTION 1787-E. PHILADELPHIA MUNICIPAL COURT. 25 (RESERVED). 26 SECTION 1788-E. JUDICIAL CONDUCT BOARD. 27 (RESERVED). 28 SECTION 1789-E. COURT OF JUDICIAL DISCIPLINE. 29 (RESERVED). 30 SECTION 1790-E. JUROR COST REIMBURSEMENT. 20070H1295B2239 - 15 -
1 (RESERVED). 2 SECTION 1791-E. COUNTY COURT REIMBURSEMENT. 3 (RESERVED). 4 SECTION 1792-E. SENIOR JUDGES. 5 (RESERVED). 6 SECTION 1793-E. TRANSFER OF FUNDS BY SUPREME COURT. 7 (RESERVED). 8 SUBARTICLE E 9 RESTRICTIONS ON APPROPRIATIONS 10 FOR FUNDS AND ACCOUNTS 11 SECTION 1799-E. STATE GAMING FUND. 12 (A) TRANSFERS FOR VOLUNTEER FIRE COMPANY AND VOLUNTEER 13 AMBULANCE SERVICE GRANT ACT.--COMMENCING WITH FISCAL YEAR 2007- 14 2008 AND CONTINUING ANNUALLY THEREAFTER, THE SUM OF $25,000,000 15 SHALL BE TRANSFERRED FROM THE STATE GAMING FUND TO THE GENERAL 16 FUND AND IS HEREBY APPROPRIATED ON A CONTINUING BASIS TO THE 17 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY FOR THE PURPOSE OF 18 MAKING GRANTS IN ACCORDANCE WITH CHAPTER 7 OF THE ACT OF JULY 19 31, 2003 (P.L.73, NO.17), KNOWN AS THE VOLUNTEER FIRE COMPANY 20 AND VOLUNTEER AMBULANCE SERVICE GRANT ACT. ANNUALLY THE SUM OF 21 $22,000,000 SHALL BE EXPENDED FOR THE PURPOSE OF MAKING GRANTS 22 TO ELIGIBLE VOLUNTEER FIRE COMPANIES PURSUANT TO CHAPTER 3 OF 23 THE VOLUNTEER FIRE COMPANY AND VOLUNTEER AMBULANCE SERVICE GRANT 24 ACT. ANNUALLY THE SUM OF $3,000,000 SHALL BE EXPENDED FOR THE 25 PURPOSE OF MAKING GRANTS TO ELIGIBLE VOLUNTEER AMBULANCE 26 SERVICES PURSUANT TO CHAPTER 5 OF THE VOLUNTEER FIRE COMPANY AND 27 VOLUNTEER AMBULANCE SERVICE GRANT ACT. 28 (B) PROVISION OF DOCUMENTS.--NOTWITHSTANDING ANY OTHER LAW 29 TO THE CONTRARY, THE PENNSYLVANIA GAMING CONTROL BOARD SHALL 30 PROVIDE ALL DOCUMENTS, FILES, RECORDS AND ACCOUNTS TO A MEMBER 20070H1295B2239 - 16 -
1 OF THE GENERAL ASSEMBLY OR THE STAFF OF A MEMBER OR COMMITTEE OF 2 THE GENERAL ASSEMBLY WITHIN THREE DAYS OF THE WRITTEN OR ORAL 3 REQUEST OF THE MEMBER OR STAFF MEMBER. THIS SUBSECTION SHALL 4 APPLY TO ANY DOCUMENT, FILE, POLICY DIRECTIVE, MEMORANDUM OF 5 UNDERSTANDING, OPERATIONS MATERIALS OR ANY OTHER RECORDS IN THE 6 BOARD'S POSSESSION OR CONTROL WITH THE EXCEPTION OF EMPLOYEE 7 DISCIPLINARY INFORMATION OR PERSONAL IDENTIFICATION INFORMATION 8 OF AN EMPLOYEE OF THE BOARD, INCLUDING HOME TELEPHONE NUMBER, 9 HOME ADDRESS OR SOCIAL SECURITY NUMBER. THE BOARD MAY REDACT 10 INFORMATION THAT CONSTITUTES A TRADE SECRET OF AN APPLICANT OR 11 GAMING ENTITY OR INFORMATION PROTECTED UNDER 4 PA.C.S. § 1206(F) 12 (RELATING TO BOARD MINUTES AND RECORDS). 13 (C) PERFORMANCE AUDIT.--A PERFORMANCE AUDIT OF THE 14 PENNSYLVANIA GAMING CONTROL BOARD BY THE AUDITOR GENERAL SHALL 15 BE PAID FOR FROM FUNDS APPROPRIATED TO THE AUDITOR GENERAL. 16 (D) UTILIZATION.--THE BOARD SHALL NOT ENCUMBER OR COMMIT 17 FUNDS OBTAINED FROM ANY SOURCE, INCLUDING A COMMERCIAL LOAN OR 18 THE SALE OF GAMING RECEIPTS, UNLESS APPROPRIATED BY THE GENERAL 19 ASSEMBLY. 20 ARTICLE XVII-F 21 2007-2008 BUDGET IMPLEMENTATION 22 SUBARTICLE A 23 PRELIMINARY PROVISIONS 24 SECTION 1701-F. APPLICABILITY. 25 EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE 26 APPLIES TO THE GENERAL APPROPRIATION ACT OF 2007. 27 SECTION 1702-F. DEFINITIONS AND ABBREVIATIONS. 28 (A) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED 29 IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 30 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: 20070H1295B2239 - 17 -
1 "GENERAL APPROPRIATION ACT." THE ACT OF , 2007 2 (P.L. , NO. ), KNOWN AS THE GENERAL APPROPRIATION ACT OF 3 2007. 4 "SECRETARY." THE SECRETARY OF THE BUDGET OF THE 5 COMMONWEALTH. 6 (B) ABBREVIATIONS.--THE FOLLOWING ABBREVIATIONS WHEN USED IN 7 THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 8 SECTION: 9 "AIDS." ACQUIRED IMMUNE DEFICIENCY SYNDROME. 10 "ARC." APPALACHIAN REGIONAL COMMISSION. 11 "BG." BLOCK GRANT. 12 "CCDFBG." CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT. 13 "CSBG." COMMUNITY SERVICES BLOCK GRANT. 14 "DCSI." DRUG CONTROL AND SYSTEMS IMPROVEMENT FORMULA GRANT 15 PROGRAM. 16 "DFSC." DRUG FREE SCHOOLS AND COMMUNITIES ACT. 17 "DOE." DEPARTMENT OF ENERGY. 18 "EEOC." EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. 19 "EPA." ENVIRONMENTAL PROTECTION AGENCY. 20 "ESEA." ELEMENTARY AND SECONDARY EDUCATION ACT. 21 "FEMA." FEDERAL EMERGENCY MANAGEMENT AGENCY. 22 "FTA." FEDERAL TRANSIT ADMINISTRATION. 23 "HUD." DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 24 "LIHEABG." LOW-INCOME HOME ENERGY ASSISTANCE BLOCK GRANT. 25 "LSTA." LIBRARY SERVICES AND TECHNOLOGY ACT. 26 "MCHSBG." MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT. 27 "MHSBG." MENTAL HEALTH SERVICES BLOCK GRANT. 28 "MR." MENTAL RETARDATION. 29 "PAFE." PENNSYLVANIA AGRICULTURAL FOOD EXPOSITION. 30 "PHHSBG." PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT. 20070H1295B2239 - 18 -
1 "RSAT." RESIDENTIAL SUBSTANCE ABUSE TREATMENT. 2 "SABG." SUBSTANCE ABUSE BLOCK GRANT. 3 "SCDBG." SMALL COMMUNITIES DEVELOPMENT BLOCK GRANT. 4 "SDA." SERVICE DELIVERY AREA. 5 "SSBG." SOCIAL SERVICES BLOCK GRANT. 6 "TANF." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. 7 "TANFBG." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 8 GRANT. 9 "TEFAP." TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM. 10 "WIA." WORKFORCE INVESTMENT ACT. 11 "WIC." WOMEN, INFANTS AND CHILDREN PROGRAM. 12 SECTION 1703-F. WARRANTS. 13 (RESERVED). 14 SUBARTICLE B 15 EXECUTIVE DEPARTMENT 16 SECTION 1711-F. GOVERNOR. 17 (RESERVED). 18 SECTION 1712-F. EXECUTIVE OFFICES. 19 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE EXECUTIVE 20 OFFICES IN THE GENERAL APPROPRIATION ACT: 21 (1) PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY. 22 (I) FUNDS REMAINING AFTER APPLICATION OF SECTION 202 23 OF THE GENERAL APPROPRIATION ACT FOR THE APPROPRIATION 24 FOR GRANTS-IN-AID FOR INTERMEDIATE PUNISHMENT PROGRAMS 25 SHALL BE DISTRIBUTED TO COUNTIES BASED ON THE FOLLOWING 26 FORMULA: 27 (A) FIFTY PERCENT SHALL BE BASED ON THE 28 PROPORTION OF OFFENDERS DIVERTED FROM THE COUNTY 29 PRISON SYSTEM TO COUNTY INTERMEDIATE PUNISHMENT 30 PROGRAMS. 20070H1295B2239 - 19 -
1 (B) FIFTY PERCENT SHALL BE BASED ON THE 2 PROPORTION OF OFFENDERS DIVERTED FROM THE STATE 3 CORRECTIONAL SYSTEM TO THE COUNTY PRISON SYSTEM. 4 (2) GRANTS FOR SPECIALIZED PROBATION SERVICES, INCLUDING 5 SCHOOL-BASED, COMMUNITY-BASED, INTENSIVE SUPERVISION AND 6 AFTERCARE SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH 7 STANDARDS ADOPTED BY THE JUVENILE COURT JUDGES COMMISSION. 8 SECTION 1713-F. LIEUTENANT GOVERNOR. 9 (RESERVED). 10 SECTION 1714-F. ATTORNEY GENERAL. 11 (RESERVED). 12 SECTION 1715-F. AUDITOR GENERAL. 13 FUNDS APPROPRIATED TO THE DEPARTMENT OF THE AUDITOR GENERAL 14 SHALL BE FOR THE PURPOSE OF PERFORMING POSTAUDITS IN ACCORDANCE 15 WITH GENERALLY ACCEPTED GOVERNMENT AUDITING STANDARDS. 16 SECTION 1716-F. TREASURY DEPARTMENT. 17 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS TO THE TREASURY 18 DEPARTMENT IN THE GENERAL APPROPRIATION ACT: 19 (1) PAYMENTS FOR THE COMMONWEALTH'S PORTION OF EXPENSES 20 OF COUNCILS, COMMISSIONS, CONFERENCES, BOARDS, ASSOCIATIONS, 21 COALITIONS AND INSTITUTES SHALL BE MADE ONLY ON REQUISITION 22 OF THE GOVERNOR ON BEHALF OF THE ORGANIZATION, WHICH SHALL 23 FILE AN ACCOUNTING OF EXPENSES WITH THE AUDITOR GENERAL. 24 (2) (RESERVED). 25 SECTION 1717-F. DEPARTMENT OF AGING. 26 (RESERVED). 27 SECTION 1718-F. DEPARTMENT OF AGRICULTURE. 28 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 29 DEPARTMENT OF AGRICULTURE IN THE GENERAL APPROPRIATION ACT: 30 (1) NO EXPENDITURES MAY BE MADE FROM THE APPROPRIATION 20070H1295B2239 - 20 -
1 FOR THE PAYMENT TO THE STATE FARM PRODUCTS SHOW FUND OR FROM 2 THE STATE FARM PRODUCTS SHOW FUND FOR ANY ACTIVITIES 3 ASSOCIATED WITH THE PAFE UNLESS SUCH ACTIVITIES TAKE PLACE ON 4 THE PREMISES OF THE FARM SHOW COMPLEX, HARRISBURG, 5 PENNSYLVANIA. 6 (2) THE DEPARTMENT MAY MAKE ALLOCATIONS OF 7 APPROPRIATIONS FOR DEVELOPMENT AND OPERATION OF AN OPEN 8 LIVESTOCK SHOW, FOR PLANNING AND STAGING OF AN OPEN DAIRY 9 SHOW AND FOR PROMOTION AND HOLDING OF ANNUAL LOCAL, REGIONAL 10 AND STATE 4H CLUBS AND FUTURE FARMERS OF AMERICA DAIRY SHOWS 11 AS IT DEEMS APPROPRIATE, TO AN ASSOCIATION WHOSE PURPOSES ARE 12 IN ACCORD WITH THE PURPOSES AND INTENT OF THE APPROPRIATIONS. 13 ALLOCATIONS UNDER THIS PARAGRAPH SHALL BE USED FOR THE 14 DEVELOPMENT AND OPERATION OF LIVESTOCK, DAIRY AND JUNIOR 15 DAIRY SHOWS IN THE PENNSYLVANIA FARM SHOW COMPLEX, PROVIDED, 16 THAT THE FUNDS ALLOCATED BY THE DEPARTMENT SHALL ONLY BE USED 17 FOR THE SPECIFIC ITEMS APPROVED BY THE DEPARTMENT IN ADVANCE. 18 SECTION 1719-F. DEPARTMENT OF COMMUNITY AND ECONOMIC 19 DEVELOPMENT. 20 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 21 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT IN THE GENERAL 22 APPROPRIATION ACT: 23 (1) GRANTS FROM FUNDS APPROPRIATED FOR COMMUNITY 24 REVITALIZATION AND ASSISTANCE SHALL BE AWARDED ONLY AFTER 25 PROGRAM GUIDELINES, SCHEDULES AND APPLICATION PROCEDURES ARE 26 ESTABLISHED BY THE DEPARTMENT AND PUBLISHED IN THE 27 PENNSYLVANIA BULLETIN. 28 (2) NO MORE THAN 20% OF FUNDS APPROPRIATED FOR GRANTS 29 UNDER THE ACT OF MAY 20, 1949 (P.L.1633, NO.493), KNOWN AS 30 THE HOUSING AND REDEVELOPMENT ASSISTANCE LAW, SHALL BE 20070H1295B2239 - 21 -
1 ALLOCATED TO ANY ONE POLITICAL SUBDIVISION. 2 SECTION 1720-F. DEPARTMENT OF CONSERVATION AND NATURAL 3 RESOURCES. 4 (RESERVED). 5 SECTION 1721-F. DEPARTMENT OF CORRECTIONS. 6 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 7 DEPARTMENT OF CORRECTIONS IN THE GENERAL APPROPRIATION ACT: 8 (1) WHEN MAKING EXPENDITURES FROM APPROPRIATIONS FOR THE 9 OPERATION OF STATE CORRECTIONAL INSTITUTIONS, THE DEPARTMENT 10 OF CORRECTIONS SHALL GIVE CONSIDERATION TO MINIMUM RELIEF 11 FACTOR VALUES CALCULATED WHEN DETERMINING STAFFING LEVELS FOR 12 CORRECTIONS OFFICERS AND FOOD SERVICE INSTRUCTORS AT EACH 13 STATE CORRECTIONAL INSTITUTION. 14 (2) (RESERVED). 15 SECTION 1722-F. DEPARTMENT OF EDUCATION. 16 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS OF THE DEPARTMENT 17 OF EDUCATION IN THE GENERAL APPROPRIATION ACT: 18 (1) ANNUAL PAYMENTS FROM THE APPROPRIATION TO 19 INSTITUTIONS OF HIGHER LEARNING FOR DEFRAYING THE EXPENSES OF 20 DEAF OR BLIND STUDENTS SHALL NOT EXCEED $500 PER STUDENT. 21 (2) (RESERVED). 22 SECTION 1723-F. DEPARTMENT OF ENVIRONMENTAL PROTECTION. 23 (RESERVED). 24 SECTION 1724-F. DEPARTMENT OF GENERAL SERVICES. 25 (RESERVED). 26 SECTION 1725-F. DEPARTMENT OF HEALTH. 27 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 28 DEPARTMENT OF HEALTH IN THE GENERAL APPROPRIATION ACT: 29 (1) FUNDS APPROPRIATED FOR LUPUS PROGRAMS SHALL BE 30 DISTRIBUTED IN THE SAME PROPORTION AS DISTRIBUTED IN FISCAL 20070H1295B2239 - 22 -
1 YEAR 2006-2007. 2 (2) FUNDS APPROPRIATED FOR ARTHRITIS OUTREACH AND 3 EDUCATION SHALL BE EQUITABLY DISTRIBUTED AMONG THE CENTRAL, 4 WESTERN AND EASTERN REGIONS OF THIS COMMONWEALTH BASED ON THE 5 RATIO OF POPULATION SERVED IN EACH REGION TO THE TOTAL 6 POPULATION SERVED IN THIS COMMONWEALTH. 7 SECTION 1726-F. INSURANCE DEPARTMENT. 8 (RESERVED). 9 SECTION 1727-F. DEPARTMENT OF LABOR AND INDUSTRY. 10 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 11 DEPARTMENT OF LABOR AND INDUSTRY IN THE GENERAL APPROPRIATION 12 ACT: 13 (1) THE APPROPRIATION FOR PAYMENT TO THE VOCATIONAL 14 REHABILITATION FUND FOR WORK OF THE STATE BOARD OF VOCATIONAL 15 REHABILITATION INCLUDES $2,584,000 FOR A STATEWIDE 16 PROFESSIONAL SERVICE PROVIDER ASSOCIATION FOR THE BLIND TO 17 PROVIDE SPECIALIZED SERVICES AND PREVENTION OF BLINDNESS 18 SERVICES AND $518,000 TO PROVIDE SPECIALIZED SERVICES AND 19 PREVENTION OF BLINDNESS SERVICES IN CITIES OF THE FIRST 20 CLASS. 21 (2) FOR THE "REED ACT-UNEMPLOYMENT INSURANCE" AND "REED 22 ACT-EMPLOYMENT SERVICES AND UNEMPLOYMENT INSURANCE" 23 APPROPRIATIONS, THE TOTAL AMOUNT WHICH MAY BE OBLIGATED SHALL 24 NOT EXCEED THE LIMITATIONS UNDER SECTION 903 OF THE SOCIAL 25 SECURITY ACT (49 STAT. 620, 42 U.S.C. § 1103). 26 SECTION 1728-F. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS. 27 (RESERVED). 28 SECTION 1729-F. DEPARTMENT OF PUBLIC WELFARE. 29 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 30 DEPARTMENT OF PUBLIC WELFARE FROM THE GENERAL APPROPRIATION ACT: 20070H1295B2239 - 23 -
1 (1) AUTHORIZED TRANSFERS FOR CHILD CARE SERVICES. THE 2 FOLLOWING SHALL APPLY: 3 (I) THE DEPARTMENT, UPON APPROVAL OF THE SECRETARY, 4 MAY TRANSFER FEDERAL FUNDS APPROPRIATED FOR TANFBG CHILD 5 CARE ASSISTANCE TO THE CCDFBG CHILD CARE SERVICES 6 APPROPRIATION TO PROVIDE CHILD CARE SERVICES TO 7 ADDITIONAL LOW INCOME FAMILIES IF THE TRANSFER OF FUNDS 8 WILL NOT RESULT IN A DEFICIT IN THE APPROPRIATION. THE 9 SECRETARY SHALL PROVIDE NOTICE TEN DAYS PRIOR TO A 10 TRANSFER UNDER THIS SUBPARAGRAPH TO THE CHAIRMAN AND 11 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE 12 SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF THE 13 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES. 14 (II) THE DEPARTMENT, UPON APPROVAL OF THE SECRETARY, 15 MAY TRANSFER FEDERAL FUNDS APPROPRIATED FOR CCDFBG CHILD 16 CARE ASSISTANCE TO THE CCDFBG CHILD CARE SERVICES 17 APPROPRIATION TO PROVIDE CHILD CARE SERVICES TO 18 ADDITIONAL LOW INCOME FAMILIES PROVIDED THAT THE TRANSFER 19 OF FUNDS WILL NOT RESULT IN A DEFICIT IN THE 20 APPROPRIATION. THE SECRETARY SHALL PROVIDE NOTICE TEN 21 DAYS PRIOR TO A TRANSFER UNDER THIS SUBPARAGRAPH TO THE 22 CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS 23 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND THE MINORITY 24 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF 25 REPRESENTATIVES. 26 (2) FEDERAL AND STATE MEDICAL ASSISTANCE PAYMENTS. THE 27 FOLLOWING SHALL APPLY: 28 (I) WHEN MAKING PAYMENTS FOR MEDICAL ASSISTANCE 29 OUTPATIENT OR CAPITATION SERVICES, THE DEPARTMENT SHALL 30 NOT REQUIRE A RECIPIENT TO OBTAIN A PHYSICIAN REFERRAL IN 20070H1295B2239 - 24 -
1 ORDER TO RECEIVE CHIROPRACTIC SERVICES. 2 (II) NO FUNDS APPROPRIATED FOR APPROVED CAPITATION 3 PLANS SHALL BE USED TO PAY A PROVIDER WHO FAILS TO SUPPLY 4 INFORMATION IN A FORM REQUIRED BY THE DEPARTMENT IN ORDER 5 TO FACILITATE CLAIMS FOR FEDERAL FINANCIAL PARTICIPATION 6 FOR SERVICES RENDERED TO GENERAL ASSISTANCE CLIENTS. 7 (III) FOR FISCAL YEAR 2007-2008, THE DEPARTMENT 8 SHALL NOT MAKE APPLICATION FOR AN APPROVAL OF 9 MODIFICATION TO ITS STATE PLAN OR A WAIVER OR AN 10 AMENDMENT TO A WAIVER FOR MEDICAL ASSISTANCE AS PROVIDED 11 UNDER THE SOCIAL SECURITY ACT (49 STAT. 620, 42 U.S.C. § 12 301 ET SEQ.) REGARDING PHARMACEUTICAL SERVICES PROVIDED 13 THROUGH THE COMMONWEALTH'S HEALTHCHOICES PROGRAM OR TAKE 14 ANY OTHER ACTION TO REMOVE PHARMACEUTICAL SERVICES AS A 15 COVERED BENEFIT FROM THE HEALTHCHOICES PROGRAM. FUNDS 16 APPROPRIATED FOR PHARMACEUTICAL SERVICES PROVIDED THROUGH 17 CONTRACTS WITH MANAGED CARE CONTRACTORS UNDER THE 18 HEALTHCHOICES PROGRAM SHALL REMAIN IN THE HEALTHCHOICES 19 PROGRAM TO PROVIDE SUCH SERVICES FOR INDIVIDUALS 20 PARTICIPATING IN THE PROGRAM. 21 (IV) FOR FISCAL YEAR 2007-2008, THE DEPARTMENT SHALL 22 CONTINUE TO ADMINISTER A PROGRAM OF VOLUNTARY MANAGED 23 CARE FOR PHYSICAL HEALTH SERVICES THROUGH CONTRACTS WITH 24 MANAGED CARE ORGANIZATIONS FOR MEDICAL ASSISTANCE 25 RECIPIENTS RESIDING OUTSIDE THE GEOGRAPHIC AREAS WHERE 26 MANDATORY MANAGED CARE IS PROVIDED. MANAGED CARE 27 CONTRACTORS PARTICIPATING IN THE VOLUNTARY MANAGED CARE 28 PROGRAM SHALL PROVIDE SUBSTANTIALLY THE SAME PHYSICAL 29 HEALTH CARE BENEFITS AS ARE MADE AVAILABLE TO RECIPIENTS 30 UNDER THE MANDATORY MANAGED CARE PROGRAM. THE DEPARTMENT 20070H1295B2239 - 25 -
1 SHALL ALLOW RECIPIENTS TO VOLUNTARILY PARTICIPATE IN A 2 MANAGED CARE PLAN AND NOTIFY THE RECIPIENTS OF THEIR 3 CHOICES AMONG CONTRACTORS OR FEE-FOR-SERVICE MEDICAID. 4 (V) FOR FISCAL YEAR 2007-2008, ADDITIONAL FEDERAL 5 AND STATE INPATIENT FUNDING IS INCLUDED TO PROVIDE FOR 6 COMMUNITY ACCESS FUND PAYMENTS. PAYMENTS TO HOSPITALS FOR 7 COMMUNITY ACCESS FUND GRANTS SHALL BE DISTRIBUTED UNDER 8 THE FORMULAS UTILIZED FOR THESE GRANTS IN FISCAL YEAR 9 2006-2007. 10 (VI) QUALIFYING STATE-RELATED ACADEMIC MEDICAL 11 CENTERS SHALL NOT RECEIVE ANY LESS FUNDING THAN RECEIVED 12 FOR THE FISCAL YEAR 2004-2005 STATE APPROPRIATION LEVEL 13 IF FEDERAL FUNDING FOR ACADEMIC MEDICAL CENTERS IS NOT 14 MADE AVAILABLE TO THOSE ACADEMIC MEDICAL CENTERS DURING 15 FISCAL YEAR 2007-2008. 16 (VII) FUNDS APPROPRIATED FOR MEDICAL ASSISTANCE 17 TRANSPORTATION SHALL ONLY BE UTILIZED AS A PAYMENT OF 18 LAST RESORT FOR TRANSPORTATION FOR ELIGIBLE MEDICAL 19 ASSISTANCE RECIPIENTS. 20 (3) ANY RULE, REGULATION OR POLICY FOR THE FEDERAL OR 21 STATE APPROPRIATIONS FOR THE CASH ASSISTANCE, OUTPATIENT, 22 INPATIENT, CAPITATION, BEHAVIORAL HEALTH, LONG-TERM CARE AND 23 SUPPLEMENTAL GRANTS TO THE AGED, BLIND AND DISABLED, CHILD 24 CARE AND ATTENDANT CARE PROGRAMS ADOPTED BY THE SECRETARY OF 25 PUBLIC WELFARE DURING THE FISCAL YEAR WHICH ADDS TO THE COST 26 OF ANY PUBLIC ASSISTANCE PROGRAM SHALL BE EFFECTIVE ONLY FROM 27 AND AFTER THE DATE UPON WHICH IT IS APPROVED AS TO THE 28 AVAILABILITY OF FUNDS BY THE GOVERNOR. 29 (4) WOMEN'S SERVICE PROGRAMS. THE FOLLOWING SHALL APPLY: 30 (I) FUNDS APPROPRIATED FOR WOMEN'S SERVICE PROGRAMS 20070H1295B2239 - 26 -
1 GRANTS TO NONPROFIT AGENCIES WHOSE PRIMARY FUNCTION IS TO 2 PROVIDE ALTERNATIVES TO ABORTION SHALL BE EXPENDED TO 3 PROVIDE SERVICES TO WOMEN UNTIL CHILDBIRTH AND FOR UP TO 4 12 MONTHS THEREAFTER, INCLUDING FOOD, SHELTER, CLOTHING, 5 HEALTH CARE, COUNSELING, ADOPTION SERVICES, PARENTING 6 CLASSES, ASSISTANCE FOR POSTDELIVERY STRESS AND OTHER 7 SUPPORTIVE PROGRAMS AND SERVICES AND FOR RELATED OUTREACH 8 PROGRAMS. AGENCIES MAY SUBCONTRACT WITH OTHER NONPROFIT 9 ENTITIES WHICH OPERATE PROJECTS DESIGNED SPECIFICALLY TO 10 PROVIDE ALL OR A PORTION OF THESE SERVICES. PROJECTS 11 RECEIVING FUNDS REFERRED TO IN THIS SUBPARAGRAPH SHALL 12 NOT PROMOTE, REFER FOR OR PERFORM ABORTIONS OR ENGAGE IN 13 ANY COUNSELING WHICH IS INCONSISTENT WITH THE 14 APPROPRIATION REFERRED TO IN THIS SUBPARAGRAPH AND SHALL 15 BE PHYSICALLY AND FINANCIALLY SEPARATE FROM ANY COMPONENT 16 OF ANY LEGAL ENTITY ENGAGING IN SUCH ACTIVITIES. 17 (II) FUNDS APPROPRIATED FOR WOMEN'S SERVICE PROGRAMS 18 SHALL BE USED FOR WOMEN'S MEDICAL SERVICES, INCLUDING 19 NONINVASIVE CONTRACEPTION SUPPLIES. 20 (III) FEDERAL FUNDS APPROPRIATED FOR TANFBG 21 ALTERNATIVES TO ABORTION SHALL BE UTILIZED SOLELY FOR 22 SERVICES TO WOMEN WHOSE GROSS FAMILY INCOME IS BELOW 185% 23 OF THE FEDERAL POVERTY GUIDELINES. 24 (5) BEHAVIORAL HEALTH SERVICES. ALL AVAILABLE 25 INTERGOVERNMENTAL TRANSFER FUNDS APPROPRIATED TO AUGMENT 26 APPROPRIATIONS, INCLUDING PRIOR YEAR CARRYOVER FUNDS, SHALL 27 BE SPENT PRIOR TO COMMONWEALTH FUNDS. 28 (6) COUNTY CHILDREN AND YOUTH PROGRAMS. THE FOLLOWING 29 SHALL APPLY: 30 (I) NO MORE THAN 50% OF FUNDS ALLOCATED FROM THE 20070H1295B2239 - 27 -
1 STATE APPROPRIATION FOR COUNTY CHILDREN AND YOUTH 2 PROGRAMS TO EACH COUNTY SHALL BE EXPENDED UNTIL EACH 3 COUNTY SUBMITS TO THE DEPARTMENT DATA FOR THE PRIOR STATE 4 FISCAL YEAR, AND UPDATED QUARTERLY, ON THE UNDUPLICATED 5 CASELOADS, UNDUPLICATED SERVICES AND NUMBER OF 6 CASEWORKERS BY COUNTY PROGRAM. DATA SHALL BE SUBMITTED IN 7 A FORM ACCEPTABLE TO THE DEPARTMENT. A COPY OF THE DATA 8 SHALL BE SENT TO THE CHAIRMAN AND MINORITY CHAIRMAN OF 9 THE APPROPRIATIONS COMMITTEE OF THE SENATE AND TO THE 10 CHAIRMAN AND THE MINORITY CHAIRMAN OF THE APPROPRIATIONS 11 COMMITTEE OF THE HOUSE OF REPRESENTATIVES. 12 (II) REIMBURSEMENT FOR CHILDREN AND YOUTH SERVICES 13 MADE PURSUANT TO SECTION 704.1 OF THE ACT OF JUNE 13, 14 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE CODE, 15 SHALL NOT EXCEED THE AMOUNT OF STATE FUNDS APPROPRIATED. 16 IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT COUNTIES DO 17 NOT EXPERIENCE ANY ADVERSE FISCAL IMPACT DUE TO THE 18 DEPARTMENT'S MAXIMIZATION EFFORTS. 19 (7) TANF TRANSITION. FUNDS APPROPRIATED FOR CHILD 20 WELFARE TANF TRANSITION MAY BE DISBURSED BY THE DEPARTMENT IN 21 ACCORDANCE WITH SECTION 205 OF THE PUBLIC WELFARE CODE AS ONE 22 TIME GRANTS TO COUNTY CHILDREN AND YOUTH AGENCIES. THE 23 DEPARTMENT SHALL UTILIZE GUIDELINES ADOPTED IN CONSULTATION 24 WITH THE COUNTY COMMISSIONERS ASSOCIATION OF PENNSYLVANIA TO 25 GOVERN ELIGIBILITY FOR A GRANT AND THE NATURE AND EXTENT OF 26 OTHER UNFUNDED CHILD WELFARE EXPENDITURES FOR WHICH GRANTS 27 MAY BE USED. THE MAXIMUM ONE TIME TRANSITION GRANT TO A 28 COUNTY IN FISCAL YEAR 2007-2008 MAY BE LESS THAN BUT SHALL 29 NOT EXCEED THE AMOUNT SPECIFIED IN A COUNTY'S "STATE TANF 30 TRANSITION FUNDS" REVENUE LINE AS REFLECTED IN THE FISCAL 20070H1295B2239 - 28 -
1 YEAR 2006-2007 TENTATIVE COUNTY CHILD WELFARE ALLOCATION, 2 DATED FEBRUARY 28, 2006. 3 (8) BEHAVIORAL HEALTH SERVICES TRANSITION. THE 4 DEPARTMENT, UPON APPROVAL OF THE SECRETARY, MAY TRANSFER 5 FEDERAL AND STATE FUNDS APPROPRIATED FOR BEHAVIORAL HEALTH 6 SERVICES TRANSITION TO COUNTIES TO PROVIDE FOR CHILDREN AND 7 YOUTH PROGRAMS, CHILD ABUSE AND NEGLECT PREVENTION OR MEDICAL 8 ASSISTANCE CAPITATION. 9 (9) COMMUNITY-BASED FAMILY CENTERS. NO FUNDS 10 APPROPRIATED FOR COMMUNITY-BASED FAMILY CENTERS MAY BE 11 CONSIDERED AS PART OF THE BASE FOR CALCULATION OF THE COUNTY 12 CHILD WELFARE NEEDS-BASED BUDGET FOR A FISCAL YEAR. 13 SECTION 1730-F. DEPARTMENT OF REVENUE. 14 (RESERVED). 15 SECTION 1731-F. DEPARTMENT OF STATE. 16 (RESERVED). 17 SECTION 1732-F. DEPARTMENT OF TRANSPORTATION. 18 (RESERVED). 19 SECTION 1733-F. PENNSYLVANIA STATE POLICE. 20 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 21 PENNSYLVANIA STATE POLICE FROM THE GENERAL APPROPRIATION ACT: 22 (1) DURING FISCAL YEAR 2007-2008, THE PENNSYLVANIA STATE 23 POLICE MAY NOT CLOSE A BARRACKS UNTIL THE PENNSYLVANIA STATE 24 POLICE CONDUCT A PUBLIC HEARING AND PROVIDE 30 DAYS' NOTICE, 25 WHICH SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN AND IN 26 AT LEAST TWO LOCAL NEWSPAPERS. 27 (2) (RESERVED). 28 SECTION 1734-F. STATE CIVIL SERVICE COMMISSION. 29 FUNDS APPROPRIATED TO THE STATE CIVIL SERVICE COMMISSION 30 SHALL INCLUDE ANY FUNDS COLLECTED BY THE COMMISSION FOR THE 20070H1295B2239 - 29 -
1 ADMINISTRATION OF THE MERIT SYSTEM FOR EMPLOYEES UNDER THE ACT 2 OF AUGUST 5, 1941 (P.L.752, NO.286), KNOWN AS THE CIVIL SERVICE 3 ACT. 4 SECTION 1735-F. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY. 5 THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY SHALL PROVIDE 6 SEMIANNUAL REPORTS OF ALL GRANTS AWARDED BY PENNSYLVANIA 7 EMERGENCY MANAGEMENT AGENCY FROM FEDERAL DISASTER ASSISTANCE OR 8 RELIEF FUNDS, HOMELAND SECURITY AND DEFENSE FUNDS, AVIAN 9 FLU/PANDEMIC PREPAREDNESS OR OTHER PUBLIC HEALTH EMERGENCY FUNDS 10 TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS 11 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN 12 OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES. 13 THE REPORTS SHALL INCLUDE INFORMATION RELATING TO THE ENTITY 14 RECEIVING GRANT MONEY FROM THE PENNSYLVANIA EMERGENCY MANAGEMENT 15 AGENCY, INCLUDING THE NAME AND ADDRESS OF THE ENTITY, THE AMOUNT 16 OF THE GRANT, THE DATE OF ISSUANCE AND THE PURPOSE OF THE GRANT. 17 REPORTS SHALL BE SUBMITTED ON OR BEFORE AUGUST 15 OF EACH YEAR 18 FOR GRANTS AWARDED DURING THE PERIOD FROM JANUARY 1 THROUGH JUNE 19 30 AND ON OR BEFORE FEBRUARY 15 OF EACH YEAR FOR GRANTS AWARDED 20 DURING THE PERIOD FROM JULY 1 THROUGH DECEMBER 31. 21 SECTION 1736-F. PENNSYLVANIA FISH AND BOAT COMMISSION. 22 (RESERVED). 23 SECTION 1737-F. STATE SYSTEM OF HIGHER EDUCATION. 24 (RESERVED). 25 SECTION 1738-F. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE 26 AGENCY. 27 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 28 PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY FROM THE GENERAL 29 APPROPRIATION ACT: 30 (1) MAXIMIZATION OF FUNDS. THE PENNSYLVANIA HIGHER 20070H1295B2239 - 30 -
1 EDUCATION ASSISTANCE AGENCY SHALL USE FUNDS APPROPRIATED FOR 2 MATCHING PAYMENTS FOR STUDENT AID FUNDS TO MAXIMIZE THE 3 RECEIPT OF FEDERAL FUNDS TO THE FULLEST EXTENT POSSIBLE. 4 (2) LIMITATION. NO COLLEGE, UNIVERSITY OR INSTITUTION 5 RECEIVING A DIRECT APPROPRIATION FROM THE COMMONWEALTH SHALL 6 BE ELIGIBLE TO PARTICIPATE IN THE INSTITUTIONAL ASSISTANCE 7 GRANTS PROGRAM. 8 (3) AGRICULTURAL LOAN FORGIVENESS. IN DISTRIBUTING FUNDS 9 APPROPRIATED FOR AGRICULTURAL LOAN FORGIVENESS, THE AGENCY 10 SHALL GIVE PREFERENCE TO RENEWAL APPLICANTS. 11 SECTION 1739-F. PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION. 12 (RESERVED). 13 SECTION 1740-F. PENNSYLVANIA INFRASTRUCTURE INVESTMENT 14 AUTHORITY. 15 (RESERVED). 16 SECTION 1741-F. ENVIRONMENTAL HEARING BOARD. 17 (RESERVED). 18 SECTION 1742-F. PENNSYLVANIA BOARD OF PROBATION AND PAROLE. 19 THE FOLLOWING SHALL APPLY TO THE APPROPRIATION FOR THE 20 PENNSYLVANIA BOARD OF PROBATION AND PAROLE FROM THE GENERAL 21 APPROPRIATION ACT: 22 (1) WORK PERFORMED UNDER THE DRUG OFFENDERS' WORK 23 PROGRAM APPROPRIATION FOR THE BOARD SHALL IN NO CASE REPLACE 24 JOBS PROTECTED BY A COLLECTIVE BARGAINING UNIT. 25 (2) (RESERVED). 26 SECTION 1743-F. PENNSYLVANIA PUBLIC TELEVISION NETWORK 27 COMMISSION. 28 (RESERVED). 29 SECTION 1744-F. PENNSYLVANIA SECURITIES COMMISSION. 30 (RESERVED). 20070H1295B2239 - 31 -
1 SECTION 1745-F. STATE TAX EQUALIZATION BOARD. 2 (RESERVED). 3 SECTION 1746-F. HEALTH CARE COST CONTAINMENT COUNCIL. 4 THE HEALTH CARE COST CONTAINMENT COUNCIL SHALL SUBMIT A 5 REPORT TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE 6 APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRMAN AND 7 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE 8 OF REPRESENTATIVES SPECIFYING THE AMOUNT AND SOURCE OF PROCEEDS 9 RECEIVED FROM THE SALE OF DATA BY THE COUNCIL. PROCEEDS RECEIVED 10 FROM THE SALE SHALL BE DEPOSITED IN THE GENERAL FUND AND SHALL 11 NOT BE EXPENDED UNLESS APPROPRIATED BY THE GENERAL ASSEMBLY. THE 12 REPORT SHALL SUPPLEMENT THE ANNUAL REPORT OF FINANCIAL 13 EXPENDITURES REQUIRED UNDER SECTION 17.1 OF THE ACT OF JULY 8, 14 1986 (P.L.408, NO.89), KNOWN AS THE HEALTH CARE COST CONTAINMENT 15 ACT. 16 SECTION 1747-F. STATE ETHICS COMMISSION. 17 (RESERVED). 18 SECTION 1748-F. STATE EMPLOYEES' RETIREMENT SYSTEM. 19 (RESERVED). 20 SECTION 1749-F. THADDEUS STEVENS COLLEGE OF TECHNOLOGY. 21 (RESERVED). 22 SECTION 1750-F. PENNSYLVANIA HOUSING FINANCE AGENCY. 23 (RESERVED). 24 SECTION 1751-F. LIHEABG. 25 (RESERVED). 26 SECTION 1752-F. BUDGET STABILIZATION RESERVE FUND. 27 (RESERVED). 28 SUBARTICLE C 29 LEGISLATIVE DEPARTMENT 30 (RESERVED) 20070H1295B2239 - 32 -
1 SUBARTICLE D 2 JUDICIAL DEPARTMENT 3 SECTION 1781-F. SUPREME COURT. 4 (A) ADMINISTRATIVE OFFICE.--FUNDS APPROPRIATED FOR THE 5 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS MAY BE USED FOR THE 6 OPERATION OF THE PENNSYLVANIA BOARD OF LAW EXAMINERS. FUNDS 7 PROVIDED TO THE BOARD SHALL BE REPAID IN FULL TO THE OFFICE, 8 WITHOUT INTEREST OR CHARGES, FROM REVENUES OF THE BOARD. 9 (B) COUNTY COURT ADMINISTRATORS.--NO FUNDS FROM ANY 10 APPROPRIATION OTHER THAN THE APPROPRIATION FOR COUNTY COURT 11 ADMINISTRATORS FOR THE UNIFIED JUDICIAL SYSTEM MAY BE USED TO 12 SUPPLEMENT PAYMENTS TO COUNTY COURT ADMINISTRATORS. 13 SECTION 1782-F. SUPERIOR COURT. 14 (RESERVED). 15 SECTION 1783-F. COMMONWEALTH COURT. 16 (RESERVED). 17 SECTION 1784-F. COURTS OF COMMON PLEAS. 18 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE COURTS OF 19 COMMON PLEAS IN THE GENERAL APPROPRIATION ACT. 20 (1) NO PAYMENT MAY BE MADE FROM THE APPROPRIATION FOR 21 SALARIES AND EXPENSES OF COURTS OF COMMON PLEAS JUDGES FOR 22 PRINTING, POSTAGE, TELEPHONE OR SUPPLIES. 23 (2) NO PAYMENT MAY BE MADE FOR EXPENSES OF ANY KIND 24 RELATING TO EDUCATION. 25 SECTION 1785-F. COMMUNITY COURTS - MAGISTERIAL DISTRICT JUDGES. 26 ALL OF THE FOLLOWING APPLY TO THE APPROPRIATION IN THE 27 GENERAL APPROPRIATION ACT FOR SALARIES AND EXPENSES OF COMMUNITY 28 COURT JUDGES AND MAGISTERIAL DISTRICT JUDGES: 29 (1) EXCEPT FOR PRINTING COSTS RELATED TO 42 PA.C.S. § 30 3532 (RELATING TO EXPENSES), NO OTHER COSTS FOR PRINTING, 20070H1295B2239 - 33 -
1 POSTAGE, TELEPHONE OR SUPPLIES MAY BE PAID FOR FROM THE 2 APPROPRIATION. 3 (2) NO EXPENSES OF ANY KIND RELATING TO EDUCATION MAY BE 4 PAID FOR FROM THE APPROPRIATION. 5 SECTION 1786-F. PHILADELPHIA TRAFFIC COURT. 6 (RESERVED). 7 SECTION 1787-F. PHILADELPHIA MUNICIPAL COURT. 8 (RESERVED). 9 SECTION 1788-F. JUDICIAL CONDUCT BOARD. 10 (RESERVED). 11 SECTION 1789-F. COURT OF JUDICIAL DISCIPLINE. 12 (RESERVED). 13 SECTION 1790-F. JUROR COST REIMBURSEMENT. 14 (RESERVED). 15 SECTION 1791-F. COUNTY COURT REIMBURSEMENT. 16 COUNTY COURT REIMBURSEMENTS SHALL BE AS FOLLOWS: 17 (1) REIMBURSEMENT TO COUNTIES FOR COSTS INCURRED IN THE 18 ADMINISTRATION AND OPERATION OF COURTS OF COMMON PLEAS SHALL 19 BE PAID AS FOLLOWS: 20 (I) FOR EACH COMMON PLEAS COURT JUDGE, FILLED OR 21 VACANT, $70,000 PER AUTHORIZED POSITION. 22 (II) JUDICIAL DISTRICTS COMPRISING MORE THAN ONE 23 COUNTY SHALL RECEIVE $70,000 PER AUTHORIZED POSITION. THE 24 AMOUNT PAYABLE TO EACH COUNTY SHALL BE DETERMINED BY THE 25 PROPORTION OF THE COUNTY'S POPULATION IN RELATION TO THE 26 POPULATION OF THE ENTIRE JUDICIAL DISTRICT. 27 (III) NO COUNTY SHALL BE REIMBURSED FOR COSTS ABOVE 28 THE ACTUAL DIRECT COSTS, EXCLUDING CAPITAL OUTLAYS, 29 INCURRED TO OPERATE THE COURTS OF COMMON PLEAS. 30 (IV) NO COUNTY SHALL RECEIVE LESS THAN 77.5% OF THE 20070H1295B2239 - 34 -
1 ACTUAL REIMBURSEMENT FOR COURT COSTS APPROPRIATED IN 2 FISCAL YEAR 1980-1981. 3 (V) REIMBURSEMENT SHALL BE MADE TO THE COUNTY 4 TREASURER AND, IN CITIES OF THE FIRST CLASS COTERMINOUS 5 WITH COUNTIES OF THE FIRST CLASS, TO THE CITY TREASURER. 6 (2) (RESERVED). 7 SECTION 1792-F. SENIOR JUDGES. 8 (A) HEALTH BENEFITS.--SUBJECT TO SUBSECTION (B), 9 APPROPRIATIONS FOR THE SUPERIOR COURT, COMMONWEALTH COURT, 10 COURTS OF COMMON PLEAS, COMMUNITY COURTS, MAGISTERIAL DISTRICT 11 JUDGES, THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA 12 TRAFFIC COURT MAY BE USED TO PAY FOR HEALTH BENEFITS FOR SENIOR 13 JUDGES WORKING AS ACTIVE OR SENIOR JUDGES FOR A MINIMUM OF 75 14 DAYS IN THE PRIOR CALENDAR YEAR. 15 (B) LIMITATION.--SENIOR JUDGES OF THE COURTS OF COMMON PLEAS 16 SHALL NOT BE ASSIGNED UNLESS ADEQUATE FUNDS ARE APPROPRIATED TO 17 PROVIDE COMPENSATION. A SENIOR JUDGE ASSIGNED IN EXCESS OF 18 EXISTING APPROPRIATIONS SHALL BE COMPENSATED FROM THE 19 APPROPRIATION FOR THE SUPREME COURT. 20 SECTION 1793-F. TRANSFER OF FUNDS BY SUPREME COURT. 21 THE SUPREME COURT MAY TRANSFER TO THE JUDICIAL DEPARTMENT 22 DURING THE FISCAL YEAR FUNDS APPROPRIATED IN SECTIONS 281, 282, 23 283, 284, 285, 286, 287, 290 AND 291 OF THE GENERAL 24 APPROPRIATION ACT AMONG ANY OF THE LINE ITEMS CONTAINED WITHIN 25 THOSE SECTIONS. IN ORDER TO AVOID A DEFICIT IN ANY LINE ITEMS IN 26 THOSE SECTIONS, THE SUPREME COURT MAY ALSO TRANSFER FUNDS 27 DEPOSITED INTO THE JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT 28 TO ANY LINE ITEMS IN THOSE SECTIONS. THE SUPREME COURT MAY ALSO 29 TRANSFER EXCESS FUNDS APPROPRIATED IN THOSE SECTIONS TO THE 30 JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT DURING THE MONTH 20070H1295B2239 - 35 -
1 OF JUNE 2008. IF THE SUPREME COURT MAKES A TRANSFER UNDER THIS 2 SECTION, THE SUPREME COURT SHALL GIVE WRITTEN NOTIFICATION TO 3 THE SECRETARY AND CHAIRMAN AND MINORITY CHAIRMAN OF THE 4 APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRMAN AND 5 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE 6 OF REPRESENTATIVES TEN DAYS PRIOR TO ANY TRANSFER. THIS SECTION 7 SHALL NOT APPLY TO THE APPROPRIATION IN SECTION 291 OF THE 8 GENERAL APPROPRIATION ACT FOR GUN COURTS. 9 ARTICLE XVII-G 10 2007-2008 RESTRICTIONS ON APPROPRIATIONS 11 FOR FUNDS AND ACCOUNTS 12 SECTION 1701-G. APPLICABILITY. 13 EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE 14 APPLIES TO THE GENERAL APPROPRIATION ACT OF 2007. 15 SECTION 1702-G. STATE LOTTERY FUND. 16 (1) FUNDS APPROPRIATED FOR PENNCARE SHALL NOT BE 17 UTILIZED FOR ADMINISTRATIVE COSTS BY THE DEPARTMENT OF AGING. 18 (2) (RESERVED). 19 SECTION 1703-G. ENERGY CONSERVATION AND ASSISTANCE FUND. 20 NO LESS THAN 75% OF THE APPROPRIATION FOR ENERGY CONSERVATION 21 PROGRAMS UNDER THE ACT OF JULY 10, 1986 (P.L.1398, NO.122), 22 KNOWN AS THE ENERGY CONSERVATION AND ASSISTANCE ACT, SHALL BE 23 USED FOR PROGRAMS LISTED AS PRIORITIES IN SECTION 7(B) OF THE 24 ENERGY CONSERVATION AND ASSISTANCE ACT. 25 SECTION 1704-G. JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT. 26 THE SUPREME COURT AND THE COURT ADMINISTRATOR OF PENNSYLVANIA 27 ARE PROHIBITED FROM AUGMENTING THE AMOUNT APPROPRIATED TO THE 28 JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT BY BILLINGS TO 29 OTHER APPROPRIATIONS TO THE JUDICIAL BRANCH FOR THE STATEWIDE 30 JUDICIAL COMPUTER SYSTEM OR FOR ANY OTHER PURPOSE. 20070H1295B2239 - 36 -
1 SECTION 1705-G. EMERGENCY MEDICAL SERVICES OPERATING FUND. 2 (RESERVED). 3 SECTION 1706-G. STATE STORES FUND. 4 (RESERVED). 5 SECTION 1707-G. MOTOR LICENSE FUND. 6 (RESERVED). 7 SECTION 1708-G. HAZARDOUS MATERIAL RESPONSE FUND. 8 (RESERVED). 9 SECTION 1709-G. MILK MARKETING FUND. 10 (RESERVED). 11 SECTION 1710-G. HOME INVESTMENT TRUST FUND. 12 (RESERVED). 13 SECTION 1711-G. TUITION PAYMENT FUND. 14 (RESERVED). 15 SECTION 1712-G. BANKING DEPARTMENT FUND. 16 (RESERVED). 17 SECTION 1713-G. FIREARM RECORDS CHECK FUND. 18 (RESERVED). 19 SECTION 1714-G. BEN FRANKLIN TECHNOLOGY DEVELOPMENT AUTHORITY 20 FUND. 21 FUNDS ALLOCATED FROM THE APPROPRIATION FOR THE BEN FRANKLIN 22 CENTERS FOR FISCAL YEAR 2007-2008 SHALL NOT BE LESS THAN THE 23 ALLOCATION FOR FISCAL YEAR 2006-2007. 24 SECTION 1715-G. TOBACCO SETTLEMENT FUND. 25 (A) DEPOSITS.--NOTWITHSTANDING SECTIONS 303(B)(3) AND (4) 26 AND 306(B)(1)(III) AND (VI) OF THE ACT OF JUNE 26, 2001 27 (P.L.755, NO.77), KNOWN AS THE TOBACCO SETTLEMENT ACT, THE 28 FOLLOWING SHALL APPLY: 29 (1) FOR FISCAL YEAR 2007-2008, FUNDS DERIVED PURSUANT TO 30 SECTION 303(B)(3) OF THE TOBACCO SETTLEMENT ACT SHALL BE 20070H1295B2239 - 37 -
1 DEPOSITED INTO THE TOBACCO SETTLEMENT FUND. 2 (2) FOR FISCAL YEAR 2007-2008, FUNDS DERIVED PURSUANT TO 3 SECTION 303(B)(4) OF THE TOBACCO SETTLEMENT ACT DURING FISCAL 4 YEAR 2006-2007 SHALL BE DEPOSITED INTO THE FUND. 5 (3) FOR FISCAL YEAR 2007-2008, ONE-FOURTH OF THE MONEY 6 APPROPRIATED PURSUANT TO SECTION 306(B)(1)(III) OF THE 7 TOBACCO SETTLEMENT ACT MAY NOT BE EXPENDED, TRANSFERRED OR 8 LAPSED BUT SHALL REMAIN IN THE FUND. 9 (4) FOR FISCAL YEAR 2007-2008, ONE-EIGHTH OF THE FUNDS 10 APPROPRIATED PURSUANT TO SECTION 306(B)(1)(VI) OF THE TOBACCO 11 SETTLEMENT ACT MAY NOT BE EXPENDED, TRANSFERRED OR LAPSED BUT 12 SHALL REMAIN IN THE FUND. 13 (5) FOR FISCAL YEAR 2007-2008, THE AMOUNTS DEPOSITED IN 14 THE FUND UNDER PARAGRAPHS (1) AND (2) SHALL NOT EXCEED, IN 15 THE AGGREGATE, $51,250,000. 16 (B) APPROPRIATION.--MONEY DEPOSITED INTO THE FUND UNDER 17 SUBSECTION (A) SHALL BE APPROPRIATED FOR HEALTH-RELATED PURPOSES 18 IN THE GENERAL APPROPRIATIONS ACT FOR THE FISCAL YEAR COMMENCING 19 JULY 1, 2007. IF APPLICABLE, THE AMOUNT APPROPRIATED UNDER THIS 20 SUBSECTION SHALL BE MATCHED BY APPROPRIATE FEDERAL AUGMENTING 21 FUNDS. 22 (C) ALLOCATION.--FUNDING FOR LOCAL PROGRAMS UNDER SECTION 23 708(B) OF THE ACT OF JUNE 26, 2001 (P.L.755, NO.77), KNOWN AS 24 THE TOBACCO SETTLEMENT ACT, SHALL BE ALLOCATED AS FOLLOWS: 25 (1) THIRTY PERCENT OF GRANT FUNDING TO PRIMARY 26 CONTRACTORS FOR LOCAL PROGRAMS SHALL BE ALLOCATED EQUALLY 27 AMONG EACH OF THE 67 COUNTIES. 28 (2) THE REMAINING 70% OF GRANT FUNDING TO PRIMARY 29 CONTRACTORS FOR LOCAL PROGRAMS SHALL BE ALLOCATED ON A PER 30 CAPITA BASIS OF EACH COUNTY WITH A POPULATION GREATER THAN 20070H1295B2239 - 38 -
1 60,000. THE PER CAPITA FORMULA SHALL BE APPLIED ONLY TO THAT 2 PORTION OF THE POPULATION THAT IS GREATER THAN 60,000 FOR 3 EACH COUNTY. 4 (3) BUDGETS SHALL BE DEVELOPED BY EACH PRIMARY 5 CONTRACTOR TO REFLECT SERVICE PLANNING AND EXPENDITURES IN 6 EACH COUNTY. EACH PRIMARY CONTRACTOR WILL ENSURE THAT 7 SERVICES ARE AVAILABLE TO RESIDENTS OF EACH COUNTY AND MUST 8 EXPEND THE ALLOCATED FUNDS ON A PER-COUNTY BASIS PURSUANT TO 9 PARAGRAPHS (1) AND (2). 10 (4) THE DEPARTMENT OF HEALTH SHALL COMPILE A DETAILED 11 ANNUAL REPORT OF EXPENDITURES PER COUNTY AND THE SPECIFIC 12 PROGRAMS OFFERED IN EACH REGION. THIS REPORT SHALL BE MADE 13 AVAILABLE ON THE DEPARTMENT OF HEALTH'S PUBLICLY AVAILABLE 14 INTERNET WEBSITE 60 DAYS FOLLOWING THE CLOSE OF EACH FISCAL 15 YEAR. 16 (5) DURING THE THIRD QUARTER OF THE FISCAL YEAR, FUNDS 17 WHICH HAVE NOT BEEN SPENT WITHIN A SERVICE AREA MAY BE 18 REALLOCATED TO SUPPORT PROGRAMMING IN THE SAME REGION. 19 SECTION 1716-G. COMMUNITY HEALTH REINVESTMENT RESTRICTED 20 ACCOUNT. 21 (A) ESTABLISHMENT.--THERE IS ESTABLISHED IN THE STATE 22 TREASURY A RESTRICTED RECEIPTS ACCOUNT IN THE TOBACCO SETTLEMENT 23 FUND TO BE KNOWN AS THE COMMUNITY HEALTH REINVESTMENT RESTRICTED 24 ACCOUNT. INTEREST EARNED ON MONEY IN THE ACCOUNT SHALL REMAIN IN 25 THE ACCOUNT. 26 (B) AGREEMENT ON COMMUNITY HEALTH REINVESTMENT.--EACH 27 CALENDAR YEAR, A CORPORATION UNDER 40 PA.C.S. CH. 61 (RELATING 28 TO HOSPITAL PLAN CORPORATIONS) OR 63 (RELATING TO PROFESSIONAL 29 HEALTH SERVICES PLAN CORPORATIONS) THAT IS A PARTY TO THE 30 AGREEMENT ON COMMUNITY HEALTH REINVESTMENT ENTERED INTO FEBRUARY 20070H1295B2239 - 39 -
1 2, 2005, BY THE INSURANCE DEPARTMENT AND THE CAPITAL BLUE CROSS, 2 HIGHMARK, INC., HOSPITAL SERVICE ASSOCIATION OF NORTHEASTERN 3 PENNSYLVANIA AND INDEPENDENCE BLUE CROSS, AND PUBLISHED IN THE 4 PENNSYLVANIA BULLETIN AT 35 PA.B. 4155 (JULY 23, 2005), SHALL 5 PAY TO THE ACCOUNT THE AMOUNT CALCULATED FOR SUCH CALENDAR YEAR 6 IN SECTION 5 OF THE AGREEMENT, PUBLISHED AT 35 PA.B. 4156. 7 (C) APPROPRIATION.--THE MONEY IN THE ACCOUNT, INCLUDING ALL 8 INTEREST EARNED, IS APPROPRIATED TO THE INSURANCE DEPARTMENT TO 9 BE USED IN ACCORDANCE WITH THE AGREEMENT ON COMMUNITY HEALTH 10 REINVESTMENT DESCRIBED IN SUBSECTION (B). 11 SECTION 1716.1-G. INSURANCE RESTRUCTURING RESTRICTED RECEIPT 12 ACCOUNT. 13 (A) ESTABLISHMENT.--THERE IS ESTABLISHED A RESTRICTED 14 RECEIPT ACCOUNT IN THE STATE TREASURY TO BE KNOWN AS THE 15 INSURANCE RESTRUCTURING RESTRICTED RECEIPT ACCOUNT. INTEREST 16 EARNED ON MONEY IN THE ACCOUNT SHALL REMAIN IN THE ACCOUNT. 17 (B) DEPOSIT.--ALL NET ECONOMIC BENEFITS, INCLUDING PROCEEDS, 18 SAVINGS, FUNDS AND OTHER MONEY DERIVED FROM THE MERGER, 19 CONSOLIDATION OR OTHER ACQUISITION OF CONTROL OF A HOSPITAL PLAN 20 CORPORATION OR PROFESSIONAL HEALTH SERVICES PLAN CORPORATION 21 WHICH ARE TO BE USED TO FUND ANY PORTION OF A HEALTH CARE OR 22 HEALTH CARE-RELATED PROGRAM OF, OR ADMINISTERED BY, THE 23 COMMONWEALTH SHALL BE DEPOSITED INTO THE ACCOUNT. 24 (C) PROHIBITION.--NO CONTRACT OR WRITTEN AGREEMENT BETWEEN 25 THE COMMONWEALTH AND A HOSPITAL PLAN CORPORATION OR PROFESSIONAL 26 HEALTH SERVICES PLAN CORPORATION MAY BE ENTERED INTO RELATING TO 27 THE DISBURSEMENT OR SPENDING OF THE ECONOMIC BENEFITS, PROCEEDS, 28 SAVINGS, FUNDS OR OTHER MONEY RESULTING FROM THE MERGER, 29 CONSOLIDATION OR OTHER ACQUISITION OF CONTROL OF A HOSPITAL PLAN 30 CORPORATION OR PROFESSIONAL HEALTH SERVICES PLAN CORPORATION 20070H1295B2239 - 40 -
1 UNTIL FUNDS ARE APPROPRIATED UNDER SUBSECTION (D). 2 (D) APPROPRIATION.--NO FUND OR MONEY MAY BE TRANSFERRED OR 3 PAID FROM THE ACCOUNT UNLESS APPROPRIATED BY THE GENERAL 4 ASSEMBLY FOR HEALTH-RELATED PURPOSES. 5 SECTION 1717-G. HEALTH CARE PROVIDER RETENTION ACCOUNT. 6 (RESERVED). 7 SECTION 1718-G. (RESERVED). 8 SECTION 1719-G. RESTRICTED RECEIPT ACCOUNTS. 9 (A) GENERAL PROVISIONS.--THE SECRETARY MAY CREATE RESTRICTED 10 RECEIPT ACCOUNTS FOR THE PURPOSE OF ADMINISTERING FEDERAL GRANTS 11 ONLY FOR THE PURPOSES DESIGNATED IN THIS SECTION. 12 (B) DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT.--THE 13 FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 14 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT: 15 (1) ARC HOUSING REVOLVING LOAN PROGRAM. 16 (2) (RESERVED). 17 (C) DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.--THE 18 FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 19 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES: 20 (1) FEDERAL AID TO VOLUNTEER FIRE COMPANIES. 21 (2) FEDERAL LAND AND WATER CONSERVATION FUND ACT. 22 (3) NATIONAL FOREST RESERVE ALLOTMENT. 23 (4) FEDERAL LAND AND WATER CONSERVATION FUND ACT - 24 CONSERVATION AND NATURAL RESOURCES. 25 (D) DEPARTMENT OF EDUCATION.--THE FOLLOWING RESTRICTED 26 RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF 27 EDUCATION: 28 (1) EDUCATION OF THE DISABLED - PART C. 29 (2) LSTA - LIBRARY GRANTS. 30 (3) THE PENNSYLVANIA STATE UNIVERSITY FEDERAL AID. 20070H1295B2239 - 41 -
1 (4) EMERGENCY IMMIGRATION EDUCATION ASSISTANCE. 2 (5) EDUCATION OF THE DISABLED - PART D. 3 (6) HOMELESS ADULT ASSISTANCE PROGRAM. 4 (7) SEVERELY HANDICAPPED. 5 (8) MEDICAL ASSISTANCE REIMBURSEMENTS TO LOCAL EDUCATION 6 AGENCIES. 7 (E) DEPARTMENT OF ENVIRONMENTAL PROTECTION.--THE FOLLOWING 8 RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 9 DEPARTMENT OF ENVIRONMENTAL PROTECTION: 10 (1) FEDERAL WATER RESOURCES PLANNING ACT. 11 (2) FLOOD CONTROL PAYMENTS. 12 (3) SOIL AND WATER CONSERVATION ACT - INVENTORY OF 13 PROGRAMS. 14 (F) DEPARTMENT OF HEALTH.--THE FOLLOWING RESTRICTED RECEIPT 15 ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF HEALTH: 16 (1) SHARE LOAN PROGRAM. 17 (2) (RESERVED). 18 (G) DEPARTMENT OF TRANSPORTATION.--THE FOLLOWING RESTRICTED 19 RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF 20 TRANSPORTATION: 21 (1) CAPITAL ASSISTANCE ELDERLY AND HANDICAPPED PROGRAMS. 22 (2) RAILROAD REHABILITATION AND IMPROVEMENT ASSISTANCE. 23 (3) RIDESHARING/VAN POOL PROGRAM - ACQUISITION. 24 (H) PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.--THE FOLLOWING 25 RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 26 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY: 27 (1) RECEIPTS FROM FEDERAL GOVERNMENT - DISASTER RELIEF - 28 DISASTER RELIEF ASSISTANCE TO STATE AND POLITICAL 29 SUBDIVISIONS. 30 (2) (RESERVED). 20070H1295B2239 - 42 -
1 (I) PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION.--THE 2 FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 3 PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION: 4 (1) FEDERAL GRANT - NATIONAL HISTORIC PRESERVATION ACT 5 (PUBLIC LAW 89-665, 80 STAT. 915). 6 (2) (RESERVED). 7 (J) EXECUTIVE OFFICES.--THE FOLLOWING RESTRICTED RECEIPT 8 ACCOUNTS MAY BE ESTABLISHED FOR THE EXECUTIVE OFFICES: 9 (1) RETIRED EMPLOYEES MEDICARE PART D. 10 (2) JUSTICE ASSISTANCE. 11 (3) JUVENILE ACCOUNTABILITY INCENTIVE. 12 SECTION 1720-G. STATE GAMING FUND. 13 (A) DEDUCTION OF CERTAIN APPROPRIATIONS.--NOTWITHSTANDING 14 THE PROVISIONS OF SECTION 504(C)(1) OF THE ACT OF JUNE 27, 2006 15 (1ST SP.SESS., P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF 16 ACT, FUNDS APPROPRIATED TO THE PENNSYLVANIA GAMING CONTROL BOARD 17 FROM THE STATE GAMING FUND SHALL BE DEDUCTED FROM THE AMOUNT 18 TRANSFERRED TO THE PROPERTY TAX RELIEF RESERVE FUND UNDER 19 SECTION 504(B) OF THE TAXPAYER RELIEF ACT AND REPAID AS PROVIDED 20 IN SUBSECTION (B). THE TRANSFER OF FUNDS UNDER THIS SUBSECTION <-- 21 SHALL NOT PRECLUDE THE SECRETARY OF THE BUDGET FROM AUTHORIZING 22 PROPERTY TAX REDUCTION ALLOCATIONS IN ACCORDANCE WITH SECTION 23 503 OF THE TAXPAYER RELIEF ACT. 24 (B) ASSESSMENT FOR REPAYMENT.--NOTWITHSTANDING THE 25 PROVISIONS OF 4 PA.C.S. § 1901.1 (RELATING TO REPAYMENTS TO 26 STATE GAMING FUND), THE PENNSYLVANIA GAMING CONTROL BOARD SHALL 27 ASSESS SLOT MACHINE LICENSEES FOR REPAYMENT OF AMOUNTS 28 TRANSFERRED TO THE BOARD FROM THE STATE GAMING FUND UNDER 29 SUBSECTION (A) FOR REPAYMENT TO THE PROPERTY TAX RELIEF RESERVE 30 FUND AT SUCH TIME AS AT LEAST 11 SLOT MACHINE LICENSES HAVE BEEN 20070H1295B2239 - 43 -
1 ISSUED AND 11 LICENSED GAMING ENTITIES HAVE COMMENCED THE 2 OPERATION OF SLOT MACHINES. THE BOARD SHALL ADOPT A REPAYMENT 3 SCHEDULE THAT ASSESSES TO EACH SLOT MACHINE LICENSEE COSTS FOR 4 THE REPAYMENT OF AMOUNTS APPROPRIATED UNDER THIS SECTION IN AN 5 AMOUNT THAT IS PROPORTIONAL TO EACH SLOT MACHINE LICENSEE'S 6 GROSS TERMINAL REVENUE. 7 (C) OTHER APPROPRIATIONS SOLELY FROM ASSESSMENT.--ALL FUNDS 8 FOR THE OPERATION OF THE PENNSYLVANIA STATE POLICE, DEPARTMENT 9 OF REVENUE AND ATTORNEY GENERAL ARE APPROPRIATED SOLELY FROM AN 10 ASSESSMENT ON GROSS TERMINAL REVENUE FROM ACCOUNTS UNDER 4 11 PA.C.S. § 1401 (RELATING TO SLOT MACHINE LICENSEE DEPOSITS) IN 12 AN AMOUNT EQUAL TO THAT APPROPRIATED BY THE GENERAL ASSEMBLY FOR 13 FISCAL YEAR 2007-2008. THE PENNSYLVANIA GAMING CONTROL BOARD, 14 PENNSYLVANIA STATE POLICE, ATTORNEY GENERAL OR DEPARTMENT OF 15 REVENUE SHALL NOT ASSESS ANY ADDITIONAL CHARGE, FEE, COST OF 16 OPERATIONS OR OTHER PAYMENT FROM A LICENSED GAMING ENTITY IN 17 EXCESS OF AMOUNTS APPROPRIATED FOR FISCAL YEAR 2007-2008. THIS 18 SUBSECTION SHALL NOT APPLY TO ANY VOLUNTARY PAYMENT MADE BY A 19 NEW SLOT MACHINE LICENSEE IN ACCORDANCE WITH SIMILAR PAYMENTS 20 VOLUNTARILY MADE BY EXISTING LICENSEES. 21 SECTION 4. REPEALS ARE AS FOLLOWS: 22 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER 23 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF 24 ARTICLE XV-A OF THE ACT. 25 (2) THE ACT OF SEPTEMBER 26, 1961 (P.L.1661, NO.692), 26 KNOWN AS THE STATE EMPLOYES GROUP LIFE INSURANCE LAW, IS 27 REPEALED. 28 SECTION 5. THE ADDITION OF ARTICLE XV-A OF THE ACT IS A 29 CONTINUATION OF THE ACT OF SEPTEMBER 26, 1961 (P.L.1661, 30 NO.692), KNOWN AS THE STATE EMPLOYES GROUP LIFE INSURANCE LAW. 20070H1295B2239 - 44 -
1 EXCEPT AS OTHERWISE PROVIDED UNDER ARTICLE XV-A, ALL ACTIVITIES 2 INITIATED UNDER THE STATE EMPLOYES GROUP LIFE INSURANCE LAW 3 SHALL CONTINUE AND REMAIN IN FULL FORCE AND EFFECT AND MAY BE 4 COMPLETED UNDER ARTICLE XV-A. ORDERS, REGULATIONS, RULES AND 5 DECISIONS WHICH WERE MADE UNDER THE STATE EMPLOYES GROUP LIFE 6 INSURANCE LAW AND WHICH ARE IN EFFECT ON THE EFFECTIVE DATE OF 7 SECTION 3(2) OF THIS ACT SHALL REMAIN IN FULL FORCE AND EFFECT 8 UNTIL REVOKED, VACATED OR MODIFIED UNDER ARTICLE XV-A. 9 CONTRACTS, OBLIGATIONS AND COLLECTIVE BARGAINING AGREEMENTS 10 ENTERED INTO UNDER THE STATE EMPLOYES GROUP LIFE INSURANCE LAW 11 ARE NOT AFFECTED NOR IMPAIRED BY THE REPEAL OF THE STATE 12 EMPLOYES GROUP LIFE INSURANCE LAW. 13 SECTION 2 6. THE AMENDMENT OF SECTION 1737-B OF THE ACT <-- 14 SHALL APPLY RETROACTIVELY TO JULY 1, 2006. 15 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <-- 16 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <-- 17 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN 60 18 DAYS: 19 (I) THE ADDITION OF ARTICLE XV-A OF THE ACT. 20 (II) SECTIONS 4 AND 5 OF THIS ACT. 21 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 22 IMMEDIATELY. D27L32BIL/20070H1295B2239 - 45 -