PRIOR PRINTER'S NOS. 1600, 2125, 2173, PRINTER'S NO. 2349 2239
No. 1295 Session of 2007
INTRODUCED BY HANNA, BAKER, BELFANTI, CONKLIN, DENLINGER, FABRIZIO AND CALTAGIRONE, MAY 18, 2007
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES, JULY 16, 2007
AN ACT 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 14 and all agencies thereof, of all public officers collecting 15 moneys payable to the Commonwealth, or any agency thereof, 16 and all receipts of appropriations from the Commonwealth, 17 authorizing the Commonwealth to issue tax anticipation notes 18 to defray current expenses, implementing the provisions of 19 section 7(a) of Article VIII of the Constitution of 20 Pennsylvania authorizing and restricting the incurring of 21 certain debt and imposing penalties; affecting every 22 department, board, commission, and officer of the State 23 government, every political subdivision of the State, and 24 certain officers of such subdivisions, every person, 25 association, and corporation required to pay, assess, or 26 collect taxes, or to make returns or reports under the laws 27 imposing taxes for State purposes, or to pay license fees or 28 other moneys to the Commonwealth, or any agency thereof, 29 every State depository and every debtor or creditor of the 30 Commonwealth," providing for Commonwealth employees group 31 life insurance; further providing for the State System of
1 Higher Education and for budget implementation; providing for 2 general budget implementation and for 2007-2008 budget 3 implementation and restrictions on appropriations for funds 4 and accounts; and making a related repeal. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. The act of April 9, 1929 (P.L.343, No.176), known <-- 8 as The Fiscal Code, is amended by adding an article to read: 9 ARTICLE XV-A 10 COMMONWEALTH EMPLOYEES GROUP LIFE INSURANCE 11 Section 1501-A. Definitions. 12 The following words and phrases when used in this article 13 shall have the meanings given to them in this section unless the 14 context clearly indicates otherwise: 15 "Annual pay rate." The base pay rate annualized and, in the 16 case of hourly eligible employees, shall be computed on the 17 basis of expected work hours. 18 "Department." The Department of General Services of the 19 Commonwealth. 20 "Employees." A permanent, continuously scheduled employee of 21 the executive, judicial or legislative branch of the 22 Commonwealth, its commissions, boards, departments and 23 authorities. The term shall include members of the General 24 Assembly. 25 "Life insurance." Life insurance procured under this 26 article. 27 "Secretary." The Secretary of General Services of the 28 Commonwealth. 29 Section 1502-A. Group life insurance. 30 (a) Procurement by department.--Except as provided under 31 subsection (b), the department, with the approval of the 20070H1295B2349 - 2 -
1 Governor and with the advice of the Insurance Commissioner, 2 shall procure from one or more life insurance companies 3 authorized to do business in this Commonwealth a policy or 4 policies of group life insurance covering eligible employees. 5 (b) Legislative branch.--Upon written notice to the 6 secretary, an individual agency of the General Assembly may 7 procure life insurance for its eligible employees, including 8 members of the General Assembly, in place of life insurance 9 available under subsection (a). Any life insurance procured 10 under this subsection shall, at a minimum, meet the requirements 11 of sections 1503-A, 1504-A, 1505-A, 1506-A and 1508-A. 12 (c) Eligibility.--An employee under subsection (a) or (b) in 13 active service shall be eligible for life insurance under this 14 article if the employee has completed three months' continuous 15 service as an employee under subsection (a) or (b). Temporary 16 employees shall not be eligible. 17 Section 1503-A. Amount. 18 (a) Schedule.--The amount of life insurance for any eligible 19 employee shall be based on the eligible employee's annual pay 20 rate from the Commonwealth in accordance with a schedule to be 21 submitted annually by the secretary for publication in the 22 Pennsylvania Bulletin. 23 (b) Reduction.--The amount of life insurance for any 24 eligible employees 70 years of age or older shall be one-half 25 the amount of life insurance provided under the schedule 26 published under subsection (a). 27 (c) Change in amount.--Any change in the amount of life 28 insurance made necessary by a change in pay shall take effect on 29 the next succeeding program anniversary. 30 Section 1504-A. Contributions. 20070H1295B2349 - 3 -
1 (a) Eligible employee payment.--Except as provided under 2 subsection (b), each eligible employee covered by life insurance 3 shall pay, either directly or by means of a payroll deduction 4 authorized by the employee, the cost of the insurance in an 5 amount as may be determined from time to time on the basis of 6 the actual total costs of the life insurance policy or policies 7 contracted for by the Commonwealth. 8 (b) Commonwealth payment.--The Commonwealth may agree to pay 9 all or any of the costs for life insurance. 10 Section 1505-A. Termination. 11 (a) Cessation.--Except as provided under subsection (b), 12 life insurance shall, subject to any conversion privilege, cease 13 upon the occurrence of any of the following: 14 (1) Termination of employment. 15 (2) Nonpayment of any contribution due from an eligible 16 employee. 17 (3) After 12 continuous months of unpaid absence. 18 (b) Disability.--Life insurance shall be continued for 19 employees who terminate after becoming permanently and totally 20 disabled while covered under this program. 21 Section 1506-A. Automatic coverage. 22 (a) Provision for coverage.--Any policy of life insurance 23 shall provide that all eligible employees shall be automatically 24 covered commencing on the date they first become eligible. 25 (b) Notice.--An employee desiring not to be covered by life 26 insurance shall give written notice, on a prescribed form, to 27 the employee's employing office that the employee desires not to 28 be insured. If the notice is received before the employee 29 becomes insured under the policy, the employee shall not be 30 insured. If the notice is received after the employee becomes 20070H1295B2349 - 4 -
1 insured, the employee's insurance under the policy will cease 2 effective with the end of the pay period during which the notice 3 is received by the employing office. 4 Section 1507-A. Secretary to be agent. 5 (a) Agent.--Except for life insurance procured under section 6 1502-A(b), the secretary is exclusively authorized and shall 7 have the duty to transact all business necessary for the purpose 8 of contracting for insurance under this article. 9 (b) Commission.--The life insurance company or companies 10 from whom life insurance is procured by the secretary shall 11 compute commissions in accordance with their standard practice 12 followed in other similar plans. The commissions shall be paid 13 to the secretary to offset administrative and other expenses 14 incurred in the administration of the insurance plan. 15 Section 1508-A. Applicability of insurance laws. 16 All life insurance shall be subject to the laws of this 17 Commonwealth relating to insurance. 18 Section 2. Section 1737-B of the act, added July 5, 2006 19 (P.L.296, No.66), is amended to read: 20 Section 1737-B. State System of Higher Education. 21 [(Reserved).] 22 The following shall apply to executive authorizations from 23 the Keystone Recreation, Park and Conservation Fund for the 24 State System of Higher Education: 25 (1) Notwithstanding the provisions of section 12(b) of 26 the act of July 2, 1993 (P.L.359, No.50), known as the 27 Keystone Recreation, Park and Conservation Fund Act, for 28 fiscal year 2006-2007, the entire amount of the transfer 29 under section 1106-C(d) of the act of March 4, 1971 (P.L.6, 30 No.2), known as the Tax Reform Code of 1971, shall be paid to 20070H1295B2349 - 5 -
1 the State System of Higher Education. 2 (2) (Reserved). 3 Section 3. The act is amended by adding articles to read: 4 ARTICLE XVII-E 5 GENERAL BUDGET IMPLEMENTATION 6 SUBARTICLE A 7 PRELIMINARY PROVISIONS 8 Section 1701-E. Applicability. 9 This article applies to appropriations from every General 10 Appropriation Act. 11 Section 1702-E. Definitions and abbreviations. 12 (a) Definitions.--The following words and phrases when used 13 in this article shall have the meanings given to them in this 14 section unless the context clearly indicates otherwise: 15 "Secretary." The Secretary of the Budget of the 16 Commonwealth. 17 (b) Abbreviations.--The following abbreviations when used in 18 this article shall have the meanings given to them in this 19 section: 20 "AIDS." Acquired Immune Deficiency Syndrome. 21 "ARC." Appalachian Regional Commission. 22 "BG." Block Grant. 23 "CCDFBG." Child Care and Development Fund Block Grant. 24 "CSBG." Community Services Block Grant. 25 "DCSI." Drug Control and Systems Improvement Formula Grant 26 Program. 27 "DFSC." Drug Free Schools and Communities Act. 28 "DOE." Department of Energy. 29 "EEOC." Equal Employment Opportunity Commission. 30 "EPA." Environmental Protection Agency. 20070H1295B2349 - 6 -
1 "ESEA." Elementary and Secondary Education Act. 2 "FEMA." Federal Emergency Management Agency. 3 "FTA." Federal Transit Administration. 4 "HUD." Department of Housing and Urban Development. 5 "LIHEABG." Low-Income Home Energy Assistance Block Grant. 6 "LSTA." Library Services and Technology Act. 7 "MCHSBG." Maternal and Child Health Services Block Grant. 8 "MHSBG." Mental Health Services Block Grant. 9 "MR." Mental Retardation. 10 "PAFE." Pennsylvania Agricultural Food Exposition. 11 "PHHSBG." Preventive Health and Health Services Block Grant. 12 "RSAT." Residential Substance Abuse Treatment. 13 "SABG." Substance Abuse Block Grant. 14 "SCDBG." Small Communities Development Block Grant. 15 "SDA." Service Delivery Area. 16 "SSBG." Social Services Block Grant. 17 "TANF." Temporary Assistance for Needy Families. 18 "TANFBG." Temporary Assistance for Needy Families Block 19 Grant. 20 "TEFAP." Temporary Emergency Food Assistance Program. 21 "WIA." Workforce Investment Act. 22 "WIC." Women, Infants and Children Program. 23 Section 1703-E. Warrants. 24 (Reserved). 25 SUBARTICLE B 26 EXECUTIVE DEPARTMENT 27 Section 1711-E. Governor. 28 (Reserved). 29 Section 1712-E. Executive Offices. 30 (Reserved). 20070H1295B2349 - 7 -
1 Section 1713-E. Lieutenant Governor. 2 (Reserved). 3 Section 1714-E. Attorney General. 4 (Reserved). 5 Section 1715-E. Auditor General. 6 (Reserved). 7 Section 1716-E. Treasury Department. 8 (Reserved). 9 Section 1717-E. Department of Aging. 10 (Reserved). 11 Section 1718-E. Department of Agriculture. 12 (Reserved). 13 Section 1719-E. Department of Community and Economic 14 Development. 15 (Reserved). 16 Section 1720-E. Department of Conservation and Natural 17 Resources. 18 (Reserved). 19 Section 1721-E. Department of Corrections. 20 (Reserved). 21 Section 1722-E. Department of Education. 22 (Reserved). 23 Section 1723-E. Department of Environmental Protection. 24 (Reserved). 25 Section 1724-E. Department of General Services. 26 (Reserved). 27 Section 1725-E. Department of Health. 28 (Reserved). 29 Section 1726-E. Insurance Department. 30 (Reserved). 20070H1295B2349 - 8 -
1 Section 1727-E. Department of Labor and Industry. 2 (Reserved). 3 Section 1728-E. Department of Military and Veterans Affairs. 4 (Reserved). 5 Section 1729-E. Department of Public Welfare. 6 The following shall apply to appropriations for the 7 Department of Public Welfare: 8 (1) (Reserved). 9 (2) Federal and State medical assistance payments. The 10 following shall apply: 11 (i) (Reserved). 12 (ii) (Reserved). 13 (iii) (Reserved). 14 (iv) (Reserved). 15 (v) (Reserved). 16 (vi) (Reserved). 17 (vii) The following shall apply to eligibility 18 determinations for services under medical assistance: 19 (A) Unless the custodial parent or legally 20 responsible adult has provided to the department, at 21 application or redetermination, information required 22 by the department for inclusion in the annual report 23 under clause (B), no funds from an appropriation for 24 medical assistance shall be used to pay for medical 25 assistance services for a child under 21 years of 26 age: 27 (I) who has a Supplemental Security Income 28 (SSI) level of disability; and 29 (II) whose parental income is not currently 30 considered in the eligibility determination 20070H1295B2349 - 9 -
1 process. 2 (B) The department shall submit to the Public 3 Health and Welfare Committee of the Senate and the 4 Health and Human Services Committee of the House of 5 Representatives an annual report including the 6 following data: 7 (I) Family size. 8 (II) Household income. 9 (III) County of residence. 10 (IV) Length of residence in this 11 Commonwealth. 12 (V) Third-party insurance information. 13 (VI) Diagnosis and type and cost of services 14 paid for by the medical assistance program on 15 behalf of each eligible and enrolled child 16 described in clause (A). 17 Section 1730-E. Department of Revenue. 18 (Reserved). 19 Section 1731-E. Department of State. 20 (Reserved). 21 Section 1732-E. Department of Transportation. 22 (Reserved). 23 Section 1733-E. Pennsylvania State Police. 24 (Reserved). 25 Section 1734-E. State Civil Service Commission. 26 (Reserved). 27 Section 1735-E. Pennsylvania Emergency Management Agency. 28 (Reserved). 29 Section 1736-E. Pennsylvania Fish and Boat Commission. 30 (Reserved). 20070H1295B2349 - 10 -
1 Section 1737-E. State System of Higher Education. 2 (Reserved). 3 Section 1738-E. Pennsylvania Higher Education Assistance 4 Agency. 5 (Reserved). 6 Section 1739-E. Pennsylvania Historical and Museum Commission. 7 (Reserved). 8 Section 1740-E. Pennsylvania Infrastructure Investment 9 Authority. 10 (Reserved). 11 Section 1741-E. Environmental Hearing Board. 12 (Reserved). 13 Section 1742-E. Pennsylvania Board of Probation and Parole. 14 (Reserved). 15 Section 1743-E. Pennsylvania Public Television Network 16 Commission. 17 (Reserved). 18 Section 1744-E. Pennsylvania Securities Commission. 19 (Reserved). 20 Section 1745-E. State Tax Equalization Board. 21 (Reserved). 22 Section 1746-E. Health Care Cost Containment Council. 23 (Reserved). 24 Section 1747-E. State Ethics Commission. 25 (Reserved). 26 Section 1748-E. State Employees' Retirement System. 27 (Reserved). 28 Section 1749-E. Thaddeus Stevens College of Technology. 29 (Reserved). 30 Section 1750-E. Pennsylvania Housing Finance Agency. 20070H1295B2349 - 11 -
1 (Reserved). 2 Section 1751-E. LIHEABG. 3 The following shall apply to expenditures: 4 (1) The Department of Public Welfare may, upon approval 5 of the secretary, make transfers of Federal funds 6 appropriated to the Department of Community and Economic 7 Development from LIHEABG for weatherization and 8 administration if the transfer will not result in a deficit 9 in any appropriation from which funds are transferred. 10 (2) Unexpended weatherization funds which would result 11 in LIHEABG funds being returned to the Department of Health 12 and Human Services may be spent for assistance grants at the 13 discretion of the secretary. 14 (3) The secretary shall provide ten days' prior 15 notification of a transfer under paragraph (1) or (2) to the 16 chairman and the minority chairman of the Appropriations 17 Committee of the Senate and the chairman and minority 18 chairman of the Appropriations Committee of the House of 19 Representatives. 20 Section 1752-E. Budget Stabilization Reserve Fund. 21 (Reserved). 22 SUBARTICLE C 23 LEGISLATIVE DEPARTMENT 24 Section 1761-E. Senate. 25 (Reserved). 26 Section 1762-E. House of Representatives. 27 (Reserved). 28 Section 1763-E. Legislative Reference Bureau. 29 (1) Notwithstanding any other provision of law to the 30 contrary, including 62 Pa.C.S. (relating to procurement), the 20070H1295B2349 - 12 -
1 Pennsylvania Consolidated Statutes, advance copies of 2 statutes, volumes of the Laws of Pennsylvania and other 3 publications shall be printed under contracts entered into by 4 the Legislative Reference Bureau and distributed as 5 determined by the bureau. Money from sales shall be paid to 6 the bureau or the Department of General Services, as the 7 bureau shall determine; and that money shall be paid into the 8 State Treasury to the credit of the General Fund. Money from 9 sales is hereby appropriated from the General Fund to the 10 Legislative Reference Bureau for the editing, printing and 11 distribution of the Pennsylvania Consolidated Statutes, 12 advance copies of statutes, volumes of the Laws of 13 Pennsylvania and other publications and for related expenses. 14 (2) Contingent expenses connected with the work of the 15 bureau shall be paid on warrants of the State Treasurer in 16 favor of the director on the presentation of the director's 17 requisitions. 18 (3) The director shall file an accounting of the 19 contingent expenses, together with supporting documents 20 whenever possible, in the office of the bureau. 21 Section 1764-E. Legislative Budget and Finance Committee. 22 (Reserved). 23 Section 1765-E. Legislative Data Processing Committee. 24 (Reserved). 25 Section 1766-E. Joint State Government Commission. 26 (Reserved). 27 Section 1767-E. Local Government Commission. 28 (Reserved). 29 Section 1768-E. Joint Legislative Air and Water Pollution 30 Control and Conservation Committee. 20070H1295B2349 - 13 -
1 (Reserved). 2 Section 1769-E. Legislative Audit Advisory Commission. 3 (Reserved). 4 Section 1770-E. Independent Regulatory Review Commission. 5 (Reserved). 6 Section 1771-E. Capitol Preservation Committee. 7 (Reserved). 8 Section 1772-E. Pennsylvania Commission on Sentencing. 9 (Reserved). 10 Section 1773-E. Center for Rural Pennsylvania. 11 (Reserved). 12 Section 1774-E. Commonwealth Mail Processing Center. 13 (Reserved). 14 Section 1775-E. Chief Clerk of the Senate and Chief Clerk of 15 the House of Representatives. 16 (Reserved). 17 SUBARTICLE D 18 JUDICIAL DEPARTMENT 19 Section 1781-E. Supreme Court. 20 (Reserved). 21 Section 1782-E. Superior Court. 22 (Reserved). 23 Section 1783-E. Commonwealth Court. 24 (Reserved). 25 Section 1784-E. Courts of common pleas. 26 (Reserved). 27 Section 1785-E. Community courts - magisterial district judges. 28 (Reserved). 29 Section 1786-E. Philadelphia Traffic Court. 30 (Reserved). 20070H1295B2349 - 14 -
1 Section 1787-E. Philadelphia Municipal Court. 2 (Reserved). 3 Section 1788-E. Judicial Conduct Board. 4 (Reserved). 5 Section 1789-E. Court of Judicial Discipline. 6 (Reserved). 7 Section 1790-E. Juror cost reimbursement. 8 (Reserved). 9 Section 1791-E. County court reimbursement. 10 (Reserved). 11 Section 1792-E. Senior judges. 12 (Reserved). 13 Section 1793-E. Transfer of funds by Supreme Court. 14 (Reserved). 15 SUBARTICLE E 16 RESTRICTIONS ON APPROPRIATIONS 17 FOR FUNDS AND ACCOUNTS 18 Section 1799-E. State Gaming Fund. 19 (a) Transfers for Volunteer Fire Company and Volunteer 20 Ambulance Service Grant Act.--Commencing with Fiscal Year 2007- 21 2008 and continuing annually thereafter, the sum of $25,000,000 22 shall be transferred from the State Gaming Fund to the General 23 Fund and is hereby appropriated on a continuing basis to the 24 Pennsylvania Emergency Management Agency for the purpose of 25 making grants in accordance with Chapter 7 of the act of July 26 31, 2003 (P.L.73, No.17), known as the Volunteer Fire Company 27 and Volunteer Ambulance Service Grant Act. Annually the sum of 28 $22,000,000 shall be expended for the purpose of making grants 29 to eligible volunteer fire companies pursuant to Chapter 3 of 30 the Volunteer Fire Company and Volunteer Ambulance Service Grant 20070H1295B2349 - 15 -
1 Act. Annually the sum of $3,000,000 shall be expended for the 2 purpose of making grants to eligible volunteer ambulance 3 services pursuant to Chapter 5 of the Volunteer Fire Company and 4 Volunteer Ambulance Service Grant Act. 5 (b) Provision of documents.--Notwithstanding any other law 6 to the contrary, the Pennsylvania Gaming Control Board shall 7 provide all documents, files, records and accounts to a member 8 of the General Assembly or the staff of a member or committee of 9 the General Assembly within three days of the written or oral 10 request of the member or staff member. This subsection shall 11 apply to any document, file, policy directive, memorandum of 12 understanding, operations materials or any other records in the 13 board's possession or control with the exception of employee 14 disciplinary information or personal identification information 15 of an employee of the board, including home telephone number, 16 home address or Social Security number. The board may redact 17 information that constitutes a trade secret of an applicant or 18 gaming entity or information protected under 4 Pa.C.S. § 1206(f) 19 (relating to board minutes and records). 20 (c) Performance audit.--A performance audit of the 21 Pennsylvania Gaming Control Board by the Auditor General shall 22 be paid for from funds appropriated to the Auditor General. 23 (d) Utilization.--The board shall not encumber or commit 24 funds obtained from any source, including a commercial loan or 25 the sale of gaming receipts, unless appropriated by the General 26 Assembly. 27 ARTICLE XVII-F 28 2007-2008 BUDGET IMPLEMENTATION 29 SUBARTICLE A 30 PRELIMINARY PROVISIONS 20070H1295B2349 - 16 -
1 Section 1701-F. Applicability. 2 Except as specifically provided in this article, this article 3 applies to the General Appropriation Act of 2007. 4 Section 1702-F. 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 "General Appropriation Act." The act of , 2007 9 (P.L. , No. ), known as the General Appropriation Act of 10 2007. 11 "Secretary." The Secretary of the Budget of the 12 Commonwealth. 13 (b) Abbreviations.--The following abbreviations when used in 14 this article shall have the meanings given to them in this 15 section: 16 "AIDS." Acquired Immune Deficiency Syndrome. 17 "ARC." Appalachian Regional Commission. 18 "BG." Block Grant. 19 "CCDFBG." Child Care and Development Fund Block Grant. 20 "CSBG." Community Services Block Grant. 21 "DCSI." Drug Control and Systems Improvement Formula Grant 22 Program. 23 "DFSC." Drug Free Schools and Communities Act. 24 "DOE." Department of Energy. 25 "EEOC." Equal Employment Opportunity Commission. 26 "EPA." Environmental Protection Agency. 27 "ESEA." Elementary and Secondary Education Act. 28 "FEMA." Federal Emergency Management Agency. 29 "FTA." Federal Transit Administration. 30 "HUD." Department of Housing and Urban Development. 20070H1295B2349 - 17 -
1 "LIHEABG." Low-Income Home Energy Assistance Block Grant. 2 "LSTA." Library Services and Technology Act. 3 "MCHSBG." Maternal and Child Health Services Block Grant. 4 "MHSBG." Mental Health Services Block Grant. 5 "MR." Mental Retardation. 6 "PAFE." Pennsylvania Agricultural Food Exposition. 7 "PHHSBG." Preventive Health and Health Services Block Grant. 8 "RSAT." Residential Substance Abuse Treatment. 9 "SABG." Substance Abuse Block Grant. 10 "SCDBG." Small Communities Development Block Grant. 11 "SDA." Service Delivery Area. 12 "SSBG." Social Services Block Grant. 13 "TANF." Temporary Assistance for Needy Families. 14 "TANFBG." Temporary Assistance for Needy Families Block 15 Grant. 16 "TEFAP." Temporary Emergency Food Assistance Program. 17 "WIA." Workforce Investment Act. 18 "WIC." Women, Infants and Children Program. 19 Section 1703-F. Warrants. 20 (Reserved). 21 SUBARTICLE B 22 EXECUTIVE DEPARTMENT 23 Section 1711-F. Governor. 24 (Reserved). 25 Section 1712-F. Executive Offices. 26 The following shall apply to appropriations for the Executive 27 Offices in the General Appropriation Act: 28 (1) Pennsylvania Commission on Crime and Delinquency. 29 (i) Funds remaining after application of section 202 30 of the General Appropriation Act for the appropriation 20070H1295B2349 - 18 -
1 for grants-in-aid for intermediate punishment programs 2 shall be distributed to counties based on the following 3 formula: 4 (A) Fifty percent shall be based on the 5 proportion of offenders diverted from the county 6 prison system to county intermediate punishment 7 programs. 8 (B) Fifty percent shall be based on the 9 proportion of offenders diverted from the State 10 correctional system to the county prison system. 11 (2) Grants for specialized probation services, including 12 school-based, community-based, intensive supervision and 13 aftercare services shall be provided in accordance with 14 standards adopted by the Juvenile Court Judges Commission. 15 Section 1713-F. Lieutenant Governor. 16 (Reserved). 17 Section 1714-F. Attorney General. 18 (Reserved). 19 Section 1715-F. Auditor General. 20 Funds appropriated to the Department of the Auditor General 21 shall be for the purpose of performing postaudits in accordance 22 with generally accepted government auditing standards. 23 Section 1716-F. Treasury Department. 24 The following shall apply to appropriations to the Treasury 25 Department in the General Appropriation Act: 26 (1) Payments for the Commonwealth's portion of expenses 27 of councils, commissions, conferences, boards, associations, 28 coalitions and institutes shall be made only on requisition 29 of the Governor on behalf of the organization, which shall 30 file an accounting of expenses with the Auditor General. 20070H1295B2349 - 19 -
1 (2) (Reserved). 2 Section 1717-F. Department of Aging. 3 (Reserved). 4 Section 1718-F. Department of Agriculture. 5 The following shall apply to appropriations for the 6 Department of Agriculture in the General Appropriation Act: 7 (1) No expenditures may be made from the appropriation 8 for the payment to the State Farm Products Show Fund or from 9 the State Farm Products Show Fund for any activities 10 associated with the PAFE unless such activities take place on 11 the premises of the Farm Show Complex, Harrisburg, 12 Pennsylvania. 13 (2) The department may make allocations of 14 appropriations for development and operation of an open 15 livestock show, for planning and staging of an open dairy 16 show and for promotion and holding of annual local, regional 17 and State 4H clubs and Future Farmers of America dairy shows 18 as it deems appropriate, to an association whose purposes are 19 in accord with the purposes and intent of the appropriations. 20 Allocations under this paragraph shall be used for the 21 development and operation of Livestock, Dairy and Junior 22 Dairy Shows in the Pennsylvania Farm Show Complex, provided, 23 that the funds allocated by the department shall only be used 24 for the specific items approved by the department in advance. 25 Section 1719-F. Department of Community and Economic 26 Development. 27 The following shall apply to appropriations for the 28 Department of Community and Economic Development in the General 29 Appropriation Act: 30 (1) Grants from funds appropriated for community 20070H1295B2349 - 20 -
1 revitalization and assistance shall be awarded only after 2 program guidelines, schedules and application procedures are 3 established by the department and published in the 4 Pennsylvania Bulletin. 5 (2) No more than 20% of funds appropriated for grants 6 under the act of May 20, 1949 (P.L.1633, No.493), known as 7 the Housing and Redevelopment Assistance Law, shall be 8 allocated to any one political subdivision. 9 Section 1720-F. Department of Conservation and Natural 10 Resources. 11 (Reserved). 12 Section 1721-F. Department of Corrections. 13 The following shall apply to appropriations for the 14 Department of Corrections in the General Appropriation Act: 15 (1) When making expenditures from appropriations for the 16 operation of State correctional institutions, the Department 17 of Corrections shall give consideration to minimum relief 18 factor values calculated when determining staffing levels for 19 corrections officers and food service instructors at each 20 State correctional institution. 21 (2) (Reserved). 22 Section 1722-F. Department of Education. 23 The following shall apply to appropriations of the Department 24 of Education in the General Appropriation Act: 25 (1) Annual payments from the appropriation to 26 institutions of higher learning for defraying the expenses of 27 deaf or blind students shall not exceed $500 per student. 28 (2) (Reserved). 29 Section 1723-F. Department of Environmental Protection. 30 (Reserved). 20070H1295B2349 - 21 -
1 Section 1724-F. Department of General Services. 2 (Reserved). 3 Section 1725-F. Department of Health. 4 The following shall apply to appropriations for the 5 Department of Health in the General Appropriation Act: 6 (1) Funds appropriated for lupus programs shall be 7 distributed in the same proportion as distributed in Fiscal 8 Year 2006-2007. 9 (2) Funds appropriated for arthritis outreach and 10 education shall be equitably distributed among the central, 11 western and eastern regions of this Commonwealth based on the 12 ratio of population served in each region to the total 13 population served in this Commonwealth. 14 Section 1726-F. Insurance Department. 15 (Reserved). 16 Section 1727-F. Department of Labor and Industry. 17 The following shall apply to appropriations for the 18 Department of Labor and Industry in the General Appropriation 19 Act: 20 (1) The appropriation for payment to the Vocational 21 Rehabilitation Fund for work of the State Board of Vocational 22 Rehabilitation includes $2,584,000 for a Statewide 23 professional service provider association for the blind to 24 provide specialized services and prevention of blindness 25 services and $518,000 to provide specialized services and 26 prevention of blindness services in cities of the first 27 class. 28 (2) For the "Reed Act-Unemployment Insurance" and "Reed 29 Act-Employment Services and Unemployment Insurance" 30 appropriations, the total amount which may be obligated shall 20070H1295B2349 - 22 -
1 not exceed the limitations under section 903 of the Social 2 Security Act (49 Stat. 620, 42 U.S.C. § 1103). 3 Section 1728-F. Department of Military and Veterans Affairs. 4 (Reserved). 5 Section 1729-F. Department of Public Welfare. 6 The following shall apply to appropriations for the 7 Department of Public Welfare from the General Appropriation Act: 8 (1) Authorized transfers for child care services. The 9 following shall apply: 10 (i) The department, upon approval of the secretary, 11 may transfer Federal funds appropriated for TANFBG Child 12 Care Assistance to the CCDFBG Child Care Services 13 appropriation to provide child care services to 14 additional low income families if the transfer of funds 15 will not result in a deficit in the appropriation. The 16 secretary shall provide notice ten days prior to a 17 transfer under this subparagraph to the chairman and 18 minority chairman of the Appropriations Committee of the 19 Senate and the chairman and minority chairman of the 20 Appropriations Committee of the House of Representatives. 21 (ii) The department, upon approval of the secretary, 22 may transfer Federal funds appropriated for CCDFBG Child 23 Care Assistance to the CCDFBG Child Care Services 24 appropriation to provide child care services to 25 additional low income families provided that the transfer 26 of funds will not result in a deficit in the 27 appropriation. The secretary shall provide notice ten 28 days prior to a transfer under this subparagraph to the 29 chairman and minority chairman of the Appropriations 30 Committee of the Senate and the chairman and the minority 20070H1295B2349 - 23 -
1 chairman of the Appropriations Committee of the House of 2 Representatives. 3 (2) Federal and State medical assistance payments. The 4 following shall apply: 5 (i) When making payments for medical assistance 6 outpatient or capitation services, the department shall 7 not require a recipient to obtain a physician referral in 8 order to receive chiropractic services. 9 (ii) No funds appropriated for approved capitation 10 plans shall be used to pay a provider who fails to supply 11 information in a form required by the department in order 12 to facilitate claims for Federal financial participation 13 for services rendered to general assistance clients. 14 (iii) For Fiscal Year 2007-2008, the department 15 shall not make application for an approval of 16 modification to its State plan or a waiver or an 17 amendment to a waiver for medical assistance as provided 18 under the Social Security Act (49 Stat. 620, 42 U.S.C. § 19 301 et seq.) regarding pharmaceutical services provided 20 through the Commonwealth's HealthChoices Program or take 21 any other action to remove pharmaceutical services as a 22 covered benefit from the HealthChoices Program. Funds 23 appropriated for pharmaceutical services provided through 24 contracts with managed care contractors under the 25 HealthChoices Program shall remain in the HealthChoices 26 Program to provide such services for individuals 27 participating in the program. 28 (iv) For Fiscal Year 2007-2008, the department shall 29 continue to administer a program of voluntary managed 30 care for physical health services through contracts with 20070H1295B2349 - 24 -
1 managed care organizations for medical assistance 2 recipients residing outside the geographic areas where 3 mandatory managed care is provided. Managed care 4 contractors participating in the voluntary managed care 5 program shall provide substantially the same physical 6 health care benefits as are made available to recipients 7 under the mandatory managed care program. The department 8 shall allow recipients to voluntarily participate in a 9 managed care plan and notify the recipients of their 10 choices among contractors or fee-for-service Medicaid. 11 (v) For Fiscal Year 2007-2008, additional Federal 12 and State inpatient funding is included to provide for 13 Community Access Fund payments. Payments to hospitals for 14 Community Access Fund Grants shall be distributed under 15 the formulas utilized for these grants in Fiscal Year 16 2006-2007. 17 (vi) Qualifying State-related academic medical 18 centers shall not receive any less funding than received 19 for the Fiscal Year 2004-2005 State appropriation level 20 if Federal funding for academic medical centers is not 21 made available to those academic medical centers during 22 Fiscal Year 2007-2008. 23 (vii) Funds appropriated for medical assistance 24 transportation shall only be utilized as a payment of 25 last resort for transportation for eligible medical 26 assistance recipients. 27 (3) Any rule, regulation or policy for the Federal or 28 State appropriations for the cash assistance, outpatient, 29 inpatient, capitation, behavioral health, long-term care and 30 Supplemental Grants to the Aged, Blind and Disabled, Child 20070H1295B2349 - 25 -
1 Care and Attendant Care programs adopted by the Secretary of 2 Public Welfare during the fiscal year which adds to the cost 3 of any public assistance program shall be effective only from 4 and after the date upon which it is approved as to the 5 availability of funds by the Governor. 6 (4) Women's service programs. The following shall apply: 7 (i) Funds appropriated for women's service programs 8 grants to nonprofit agencies whose primary function is to 9 provide alternatives to abortion shall be expended to 10 provide services to women until childbirth and for up to 11 12 months thereafter, including food, shelter, clothing, 12 health care, counseling, adoption services, parenting 13 classes, assistance for postdelivery stress and other 14 supportive programs and services and for related outreach 15 programs. Agencies may subcontract with other nonprofit 16 entities which operate projects designed specifically to 17 provide all or a portion of these services. Projects 18 receiving funds referred to in this subparagraph shall 19 not promote, refer for or perform abortions or engage in 20 any counseling which is inconsistent with the 21 appropriation referred to in this subparagraph and shall 22 be physically and financially separate from any component 23 of any legal entity engaging in such activities. 24 (ii) Funds appropriated for women's service programs 25 shall be used for women's medical services, including 26 noninvasive contraception supplies. 27 (iii) Federal funds appropriated for TANFBG 28 Alternatives to Abortion shall be utilized solely for 29 services to women whose gross family income is below 185% 30 of the Federal poverty guidelines. 20070H1295B2349 - 26 -
1 (5) Behavioral health services. All available 2 intergovernmental transfer funds appropriated to augment 3 appropriations, including prior year carryover funds, shall 4 be spent prior to Commonwealth funds. 5 (6) County children and youth programs. The following 6 shall apply: 7 (i) No more than 50% of funds allocated from the 8 State appropriation for county children and youth 9 programs to each county shall be expended until each 10 county submits to the department data for the prior State 11 fiscal year, and updated quarterly, on the unduplicated 12 caseloads, unduplicated services and number of 13 caseworkers by county program. Data shall be submitted in 14 a form acceptable to the department. A copy of the data 15 shall be sent to the chairman and minority chairman of 16 the Appropriations Committee of the Senate and to the 17 chairman and the minority chairman of the Appropriations 18 Committee of the House of Representatives. 19 (ii) Reimbursement for children and youth services 20 made pursuant to section 704.1 of the act of June 13, 21 1967 (P.L.31, No.21), known as the Public Welfare Code, 22 shall not exceed the amount of State funds appropriated. 23 It is the intent of the General Assembly that counties do 24 not experience any adverse fiscal impact due to the 25 department's maximization efforts. 26 (7) TANF transition. Funds appropriated for Child 27 Welfare TANF transition may be disbursed by the department in 28 accordance with section 205 of the Public Welfare Code as one 29 time grants to county children and youth agencies. The 30 department shall utilize guidelines adopted in consultation 20070H1295B2349 - 27 -
1 with the County Commissioners Association of Pennsylvania to 2 govern eligibility for a grant and the nature and extent of 3 other unfunded child welfare expenditures for which grants 4 may be used. The maximum one time transition grant to a 5 county in Fiscal Year 2007-2008 may be less than but shall 6 not exceed the amount specified in a county's "State TANF 7 Transition Funds" revenue line as reflected in the Fiscal 8 Year 2006-2007 tentative county child welfare allocation, 9 dated February 28, 2006. 10 (8) Behavioral health services transition. The 11 department, upon approval of the secretary, may transfer 12 Federal and State funds appropriated for behavioral health 13 services transition to counties to provide for children and 14 youth programs, child abuse and neglect prevention or medical 15 assistance capitation. 16 (9) Community-based family centers. No funds 17 appropriated for community-based family centers may be 18 considered as part of the base for calculation of the county 19 child welfare needs-based budget for a fiscal year. 20 Section 1730-F. Department of Revenue. 21 (Reserved). 22 Section 1731-F. Department of State. 23 (Reserved). 24 Section 1732-F. Department of Transportation. 25 (Reserved). 26 Section 1733-F. Pennsylvania State Police. 27 The following shall apply to appropriations for the 28 Pennsylvania State Police from the General Appropriation Act: 29 (1) During Fiscal Year 2007-2008, the Pennsylvania State 30 Police may not close a barracks until the Pennsylvania State 20070H1295B2349 - 28 -
1 Police conduct a public hearing and provide 30 days' notice, 2 which shall be published in the Pennsylvania Bulletin and in 3 at least two local newspapers. 4 (2) (Reserved). 5 Section 1734-F. State Civil Service Commission. 6 Funds appropriated to the State Civil Service Commission 7 shall include any funds collected by the commission for the 8 administration of the merit system for employees under the act 9 of August 5, 1941 (P.L.752, No.286), known as the Civil Service 10 Act. 11 Section 1735-F. Pennsylvania Emergency Management Agency. 12 The Pennsylvania Emergency Management Agency shall provide 13 semiannual reports of all grants awarded by Pennsylvania 14 Emergency Management Agency from Federal disaster assistance or 15 relief funds, homeland security and defense funds, avian 16 flu/pandemic preparedness or other public health emergency funds 17 to the chairman and minority chairman of the Appropriations 18 Committee of the Senate and the chairman and minority chairman 19 of the Appropriations Committee of the House of Representatives. 20 The reports shall include information relating to the entity 21 receiving grant money from the Pennsylvania Emergency Management 22 Agency, including the name and address of the entity, the amount 23 of the grant, the date of issuance and the purpose of the grant. 24 Reports shall be submitted on or before August 15 of each year 25 for grants awarded during the period from January 1 through June 26 30 and on or before February 15 of each year for grants awarded 27 during the period from July 1 through December 31. 28 Section 1736-F. Pennsylvania Fish and Boat Commission. 29 (Reserved). 30 Section 1737-F. State System of Higher Education. 20070H1295B2349 - 29 -
1 (Reserved). 2 Section 1738-F. Pennsylvania Higher Education Assistance 3 Agency. 4 The following shall apply to appropriations for the 5 Pennsylvania Higher Education Assistance Agency from the General 6 Appropriation Act: 7 (1) Maximization of funds. The Pennsylvania Higher 8 Education Assistance Agency shall use funds appropriated for 9 matching payments for student aid funds to maximize the 10 receipt of Federal funds to the fullest extent possible. 11 (2) Limitation. No college, university or institution 12 receiving a direct appropriation from the Commonwealth shall 13 be eligible to participate in the institutional assistance 14 grants program. 15 (3) Agricultural loan forgiveness. In distributing funds 16 appropriated for agricultural loan forgiveness, the agency 17 shall give preference to renewal applicants. 18 Section 1739-F. Pennsylvania Historical and Museum Commission. 19 (Reserved). 20 Section 1740-F. Pennsylvania Infrastructure Investment 21 Authority. 22 (Reserved). 23 Section 1741-F. Environmental Hearing Board. 24 (Reserved). 25 Section 1742-F. Pennsylvania Board of Probation and Parole. 26 The following shall apply to the appropriation for the 27 Pennsylvania Board of Probation and Parole from the General 28 Appropriation Act: 29 (1) Work performed under the drug offenders' work 30 program appropriation for the board shall in no case replace 20070H1295B2349 - 30 -
1 jobs protected by a collective bargaining unit. 2 (2) (Reserved). 3 Section 1743-F. Pennsylvania Public Television Network 4 Commission. 5 (Reserved). 6 Section 1744-F. Pennsylvania Securities Commission. 7 (Reserved). 8 Section 1745-F. State Tax Equalization Board. 9 (Reserved). 10 Section 1746-F. Health Care Cost Containment Council. 11 The Health Care Cost Containment Council shall submit a 12 report to the chairman and minority chairman of the 13 Appropriations Committee of the Senate and the chairman and 14 minority chairman of the Appropriations Committee of the House 15 of Representatives specifying the amount and source of proceeds 16 received from the sale of data by the council. Proceeds received 17 from the sale shall be deposited in the General Fund and shall 18 not be expended unless appropriated by the General Assembly. The 19 report shall supplement the annual report of financial 20 expenditures required under section 17.1 of the act of July 8, 21 1986 (P.L.408, No.89), known as the Health Care Cost Containment 22 Act. 23 Section 1747-F. State Ethics Commission. 24 (Reserved). 25 Section 1748-F. State Employees' Retirement System. 26 (Reserved). 27 Section 1749-F. Thaddeus Stevens College of Technology. 28 (Reserved). 29 Section 1750-F. Pennsylvania Housing Finance Agency. 30 (Reserved). 20070H1295B2349 - 31 -
1 Section 1751-F. LIHEABG. 2 (Reserved). 3 Section 1752-F. Budget Stabilization Reserve Fund. 4 (Reserved). 5 SUBARTICLE C 6 LEGISLATIVE DEPARTMENT 7 (RESERVED) 8 SUBARTICLE D 9 JUDICIAL DEPARTMENT 10 Section 1781-F. Supreme Court. 11 (a) Administrative Office.--Funds appropriated for the 12 Administrative Office of Pennsylvania Courts may be used for the 13 operation of the Pennsylvania Board of Law Examiners. Funds 14 provided to the board shall be repaid in full to the office, 15 without interest or charges, from revenues of the board. 16 (b) County court administrators.--No funds from any 17 appropriation other than the appropriation for county court 18 administrators for the Unified Judicial System may be used to 19 supplement payments to county court administrators. 20 Section 1782-F. Superior Court. 21 (Reserved). 22 Section 1783-F. Commonwealth Court. 23 (Reserved). 24 Section 1784-F. Courts of common pleas. 25 The following shall apply to appropriations for the courts of 26 common pleas in the General Appropriation Act. 27 (1) No payment may be made from the appropriation for 28 salaries and expenses of courts of common pleas judges for 29 printing, postage, telephone or supplies. 30 (2) No payment may be made for expenses of any kind 20070H1295B2349 - 32 -
1 relating to education. 2 Section 1785-F. Community courts - magisterial district judges. 3 All of the following apply to the appropriation in the 4 General Appropriation Act for salaries and expenses of community 5 court judges and magisterial district judges: 6 (1) Except for printing costs related to 42 Pa.C.S. § 7 3532 (relating to expenses), no other costs for printing, 8 postage, telephone or supplies may be paid for from the 9 appropriation. 10 (2) No expenses of any kind relating to education may be 11 paid for from the appropriation. 12 Section 1786-F. Philadelphia Traffic Court. 13 (Reserved). 14 Section 1787-F. Philadelphia Municipal Court. 15 (Reserved). 16 Section 1788-F. Judicial Conduct Board. 17 (Reserved). 18 Section 1789-F. Court of Judicial Discipline. 19 (Reserved). 20 Section 1790-F. Juror cost reimbursement. 21 (Reserved). 22 Section 1791-F. County court reimbursement. 23 County court reimbursements shall be as follows: 24 (1) Reimbursement to counties for costs incurred in the 25 administration and operation of courts of common pleas shall 26 be paid as follows: 27 (i) For each common pleas court judge, filled or 28 vacant, $70,000 per authorized position. 29 (ii) Judicial districts comprising more than one 30 county shall receive $70,000 per authorized position. The 20070H1295B2349 - 33 -
1 amount payable to each county shall be determined by the 2 proportion of the county's population in relation to the 3 population of the entire judicial district. 4 (iii) No county shall be reimbursed for costs above 5 the actual direct costs, excluding capital outlays, 6 incurred to operate the courts of common pleas. 7 (iv) No county shall receive less than 77.5% of the 8 actual reimbursement for court costs appropriated in 9 Fiscal Year 1980-1981. 10 (v) Reimbursement shall be made to the county 11 treasurer and, in cities of the first class coterminous 12 with counties of the first class, to the city treasurer. 13 (2) (Reserved). 14 Section 1792-F. Senior judges. 15 (a) Health benefits.--Subject to subsection (b), 16 appropriations for the Superior Court, Commonwealth Court, 17 courts of common pleas, community courts, magisterial district 18 judges, the Philadelphia Municipal Court and the Philadelphia 19 Traffic Court may be used to pay for health benefits for senior 20 judges working as active or senior judges for a minimum of 75 21 days in the prior calendar year. 22 (b) Limitation.--Senior judges of the courts of common pleas 23 shall not be assigned unless adequate funds are appropriated to 24 provide compensation. A senior judge assigned in excess of 25 existing appropriations shall be compensated from the 26 appropriation for the Supreme Court. 27 Section 1793-F. Transfer of funds by Supreme Court. 28 The Supreme Court may transfer to the Judicial Department 29 during the fiscal year funds appropriated in sections 281, 282, 30 283, 284, 285, 286, 287, 290 and 291 of the General 20070H1295B2349 - 34 -
1 Appropriation Act among any of the line items contained within 2 those sections. In order to avoid a deficit in any line items in 3 those sections, the Supreme Court may also transfer funds 4 deposited into the Judicial Computer System Augmentation Account 5 to any line items in those sections. The Supreme Court may also 6 transfer excess funds appropriated in those sections to the 7 Judicial Computer System Augmentation Account during the month 8 of June 2008. If the Supreme Court makes a transfer under this 9 section, the Supreme Court shall give written notification to 10 the secretary and chairman and minority chairman of the 11 Appropriations Committee of the Senate and the chairman and 12 minority chairman of the Appropriations Committee of the House 13 of Representatives ten days prior to any transfer. This section 14 shall not apply to the appropriation in section 291 of the 15 General Appropriation Act for gun courts. 16 ARTICLE XVII-G 17 2007-2008 RESTRICTIONS ON APPROPRIATIONS 18 FOR FUNDS AND ACCOUNTS 19 Section 1701-G. Applicability. 20 Except as specifically provided in this article, this article 21 applies to the General Appropriation Act of 2007. 22 Section 1702-G. State Lottery Fund. 23 (1) Funds appropriated for PENNCARE shall not be 24 utilized for administrative costs by the Department of Aging. 25 (2) (Reserved). 26 Section 1703-G. Energy Conservation and Assistance Fund. 27 No less than 75% of the appropriation for energy conservation 28 programs under the act of July 10, 1986 (P.L.1398, No.122), 29 known as the Energy Conservation and Assistance Act, shall be 30 used for programs listed as priorities in section 7(b) of the 20070H1295B2349 - 35 -
1 Energy Conservation and Assistance Act. 2 Section 1704-G. Judicial Computer System Augmentation Account. 3 The Supreme Court and the Court Administrator of Pennsylvania 4 are prohibited from augmenting the amount appropriated to the 5 Judicial Computer System Augmentation Account by billings to 6 other appropriations to the judicial branch for the Statewide 7 Judicial Computer System or for any other purpose. 8 Section 1705-G. Emergency Medical Services Operating Fund. 9 (Reserved). 10 Section 1706-G. State Stores Fund. 11 (Reserved). 12 Section 1707-G. Motor License Fund. 13 (Reserved). 14 Section 1708-G. Hazardous Material Response Fund. 15 (Reserved). 16 Section 1709-G. Milk Marketing Fund. 17 (Reserved). 18 Section 1710-G. Home Investment Trust Fund. 19 (Reserved). 20 Section 1711-G. Tuition Payment Fund. 21 (Reserved). 22 Section 1712-G. Banking Department Fund. 23 (Reserved). 24 Section 1713-G. Firearm Records Check Fund. 25 (Reserved). 26 Section 1714-G. Ben Franklin Technology Development Authority 27 Fund. 28 Funds allocated from the appropriation for the Ben Franklin 29 Centers for Fiscal Year 2007-2008 shall not be less than the 30 allocation for Fiscal Year 2006-2007. 20070H1295B2349 - 36 -
1 Section 1715-G. Tobacco Settlement Fund. 2 (a) Deposits.--Notwithstanding sections 303(b)(3) and (4) 3 and 306(b)(1)(iii) and (vi) of the act of June 26, 2001 4 (P.L.755, No.77), known as the Tobacco Settlement Act, the 5 following shall apply: 6 (1) For Fiscal Year 2007-2008, funds derived pursuant to 7 section 303(b)(3) of the Tobacco Settlement Act shall be 8 deposited into the Tobacco Settlement Fund. 9 (2) For Fiscal Year 2007-2008, funds derived pursuant to 10 section 303(b)(4) of the Tobacco Settlement Act during Fiscal 11 Year 2006-2007 shall be deposited into the fund. 12 (3) For Fiscal Year 2007-2008, one-fourth of the money 13 appropriated pursuant to section 306(b)(1)(iii) of the 14 Tobacco Settlement Act may not be expended, transferred or 15 lapsed but shall remain in the fund. 16 (4) For Fiscal Year 2007-2008, one-eighth of the funds 17 appropriated pursuant to section 306(b)(1)(vi) of the Tobacco 18 Settlement Act may not be expended, transferred or lapsed but 19 shall remain in the fund. 20 (5) For Fiscal Year 2007-2008, the amounts deposited in 21 the fund under paragraphs (1) and (2) shall not exceed, in 22 the aggregate, $51,250,000. 23 (b) Appropriation.--Money deposited into the fund under 24 subsection (a) shall be appropriated for health-related purposes 25 in the general appropriations act for the fiscal year commencing 26 July 1, 2007. If applicable, the amount appropriated under this 27 subsection shall be matched by appropriate Federal augmenting 28 funds. 29 (c) Allocation.--Funding for local programs under section 30 708(b) of the act of June 26, 2001 (P.L.755, No.77), known as 20070H1295B2349 - 37 -
1 the Tobacco Settlement Act, shall be allocated as follows: 2 (1) Thirty percent of grant funding to primary 3 contractors for local programs shall be allocated equally 4 among each of the 67 counties. 5 (2) The remaining 70% of grant funding to primary 6 contractors for local programs shall be allocated on a per 7 capita basis of each county with a population greater than 8 60,000. The per capita formula shall be applied only to that 9 portion of the population that is greater than 60,000 for 10 each county. 11 (3) Budgets shall be developed by each primary 12 contractor to reflect service planning and expenditures in 13 each county. Each primary contractor will ensure that 14 services are available to residents of each county and must 15 expend the allocated funds on a per-county basis pursuant to 16 paragraphs (1) and (2). 17 (4) The Department of Health shall compile a detailed 18 annual report of expenditures per county and the specific 19 programs offered in each region. This report shall be made 20 available on the Department of Health's publicly available 21 Internet website 60 days following the close of each fiscal 22 year. 23 (5) During the third quarter of the fiscal year, funds 24 which have not been spent within a service area may be 25 reallocated to support programming in the same region. 26 Section 1716-G. Community Health Reinvestment Restricted 27 Account. 28 (a) Establishment.--There is established in the State 29 Treasury a restricted receipts account in the Tobacco Settlement 30 Fund to be known as the Community Health Reinvestment Restricted 20070H1295B2349 - 38 -
1 Account. Interest earned on money in the account shall remain in 2 the account. 3 (b) Agreement on community health reinvestment.--Each 4 calendar year, a corporation under 40 Pa.C.S. Ch. 61 (relating 5 to hospital plan corporations) or 63 (relating to professional 6 health services plan corporations) that is a party to the 7 Agreement on Community Health Reinvestment entered into February 8 2, 2005, by the Insurance Department and the Capital Blue Cross, 9 Highmark, Inc., Hospital Service Association of Northeastern 10 Pennsylvania and Independence Blue Cross, and published in the 11 Pennsylvania Bulletin at 35 Pa.B. 4155 (July 23, 2005), shall 12 pay to the account the amount calculated for such calendar year 13 in section 5 of the agreement, published at 35 Pa.B. 4156. 14 (c) Appropriation.--The money in the account, including all 15 interest earned, is appropriated to the Insurance Department to 16 be used in accordance with the agreement on community health 17 reinvestment described in subsection (b). 18 Section 1716.1-G. Insurance Restructuring Restricted Receipt 19 Account. 20 (a) Establishment.--There is established a restricted 21 receipt account in the State Treasury to be known as the 22 Insurance Restructuring Restricted Receipt Account. Interest 23 earned on money in the account shall remain in the account. 24 (b) Deposit.--All net economic benefits, including proceeds, 25 savings, funds and other money derived from the merger, 26 consolidation or other acquisition of control of a hospital plan 27 corporation or professional health services plan corporation 28 which are to be used to fund any portion of a health care or 29 health care-related program of, or administered by, the 30 Commonwealth shall be deposited into the account. 20070H1295B2349 - 39 -
1 (c) Prohibition.--No contract or written agreement between 2 the Commonwealth and a hospital plan corporation or professional 3 health services plan corporation may be entered into relating to 4 the disbursement or spending of the economic benefits, proceeds, 5 savings, funds or other money resulting from the merger, 6 consolidation or other acquisition of control of a hospital plan 7 corporation or professional health services plan corporation 8 until funds are appropriated under subsection (d). 9 (d) Appropriation.--No fund or money may be transferred or 10 paid from the account unless appropriated by the General 11 Assembly for health-related purposes. 12 Section 1717-G. Health Care Provider Retention Account. 13 (Reserved). 14 Section 1718-G. (Reserved). 15 Section 1719-G. Restricted Receipt Accounts. 16 (a) General provisions.--The secretary may create restricted 17 receipt accounts for the purpose of administering Federal grants 18 only for the purposes designated in this section. 19 (b) Department of Community and Economic Development.--The 20 following restricted receipt accounts may be established for the 21 Department of Community and Economic Development: 22 (1) ARC Housing Revolving Loan Program. 23 (2) (Reserved). 24 (c) Department of Conservation and Natural Resources.--The 25 following restricted receipt accounts may be established for the 26 Department of Conservation and Natural Resources: 27 (1) Federal Aid to Volunteer Fire Companies. 28 (2) Federal Land and Water Conservation Fund Act. 29 (3) National Forest Reserve Allotment. 30 (4) Federal Land and Water Conservation Fund Act - 20070H1295B2349 - 40 -
1 Conservation and Natural Resources. 2 (d) Department of Education.--The following restricted 3 receipt accounts may be established for the Department of 4 Education: 5 (1) Education of the Disabled - Part C. 6 (2) LSTA - Library Grants. 7 (3) The Pennsylvania State University Federal Aid. 8 (4) Emergency Immigration Education Assistance. 9 (5) Education of the Disabled - Part D. 10 (6) Homeless Adult Assistance Program. 11 (7) Severely Handicapped. 12 (8) Medical Assistance Reimbursements to Local Education 13 Agencies. 14 (e) Department of Environmental Protection.--The following 15 restricted receipt accounts may be established for the 16 Department of Environmental Protection: 17 (1) Federal Water Resources Planning Act. 18 (2) Flood Control Payments. 19 (3) Soil and Water Conservation Act - Inventory of 20 Programs. 21 (f) Department of Health.--The following restricted receipt 22 accounts may be established for the Department of Health: 23 (1) Share Loan Program. 24 (2) (Reserved). 25 (g) Department of Transportation.--The following restricted 26 receipt accounts may be established for the Department of 27 Transportation: 28 (1) Capital Assistance Elderly and Handicapped Programs. 29 (2) Railroad Rehabilitation and Improvement Assistance. 30 (3) Ridesharing/Van Pool Program - Acquisition. 20070H1295B2349 - 41 -
1 (h) Pennsylvania Emergency Management Agency.--The following 2 restricted receipt accounts may be established for the 3 Pennsylvania Emergency Management Agency: 4 (1) Receipts from Federal Government - Disaster Relief - 5 Disaster Relief Assistance to State and Political 6 Subdivisions. 7 (2) (Reserved). 8 (i) Pennsylvania Historical and Museum Commission.--The 9 following restricted receipt accounts may be established for the 10 Pennsylvania Historical and Museum Commission: 11 (1) Federal Grant - National Historic Preservation Act 12 (Public Law 89-665, 80 Stat. 915). 13 (2) (Reserved). 14 (j) Executive Offices.--The following restricted receipt 15 accounts may be established for the Executive Offices: 16 (1) Retired Employees Medicare Part D. 17 (2) Justice Assistance. 18 (3) Juvenile Accountability Incentive. 19 Section 1720-G. State Gaming Fund. 20 (a) Deduction of certain appropriations.--Notwithstanding 21 the provisions of section 504(c)(1) of the act of June 27, 2006 22 (1st Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief 23 Act, funds appropriated to the Pennsylvania Gaming Control Board 24 from the State Gaming Fund shall be deducted from the amount 25 transferred to the Property Tax Relief Reserve Fund under 26 section 504(b) of the Taxpayer Relief Act and repaid as provided 27 in subsection (b). The transfer of funds under this subsection 28 shall not preclude the Secretary of the Budget from authorizing 29 property tax reduction allocations in accordance with section 30 503 of the Taxpayer Relief Act. 20070H1295B2349 - 42 -
1 (b) Assessment for repayment.--Notwithstanding the 2 provisions of 4 Pa.C.S. § 1901.1 (relating to repayments to 3 State Gaming Fund), the Pennsylvania Gaming Control Board shall 4 assess slot machine licensees for repayment of amounts 5 transferred to the board from the State Gaming Fund under 6 subsection (a) for repayment to the Property Tax Relief Reserve 7 Fund at such time as at least 11 slot machine licenses have been 8 issued and 11 licensed gaming entities have commenced the 9 operation of slot machines. The board shall adopt a repayment 10 schedule that assesses to each slot machine licensee costs for 11 the repayment of amounts appropriated under this section in an 12 amount that is proportional to each slot machine licensee's 13 gross terminal revenue. 14 (c) Other appropriations solely from assessment.--All funds 15 for the operation of the Pennsylvania State Police, Department 16 of Revenue and Attorney General are appropriated solely from an 17 assessment on gross terminal revenue from accounts under 4 18 Pa.C.S. § 1401 (relating to slot machine licensee deposits) in 19 an amount equal to that appropriated by the General Assembly for 20 fiscal year 2007-2008. The Pennsylvania Gaming Control Board, 21 Pennsylvania State Police, Attorney General or Department of 22 Revenue shall not assess any additional charge, fee, cost of 23 operations or other payment from a licensed gaming entity in 24 excess of amounts appropriated for fiscal year 2007-2008. This 25 subsection shall not apply to any voluntary payment made by a 26 new slot machine licensee in accordance with similar payments 27 voluntarily made by existing licensees. 28 Section 4. Repeals are as follows: 29 (1) The General Assembly declares that the repeal under 30 paragraph (2) is necessary to effectuate the addition of 20070H1295B2349 - 43 -
1 Article XV-A of the act. 2 (2) The act of September 26, 1961 (P.L.1661, No.692), 3 known as the State Employes Group Life Insurance Law, is 4 repealed. 5 Section 5. The addition of Article XV-A of the act is a 6 continuation of the act of September 26, 1961 (P.L.1661, 7 No.692), known as the State Employes Group Life Insurance Law. 8 Except as otherwise provided under Article XV-A, all activities 9 initiated under the State Employes Group Life Insurance Law 10 shall continue and remain in full force and effect and may be 11 completed under Article XV-A. Orders, regulations, rules and 12 decisions which were made under the State Employes Group Life 13 Insurance Law and which are in effect on the effective date of 14 section 3(2) of this act shall remain in full force and effect 15 until revoked, vacated or modified under Article XV-A. 16 Contracts, obligations and collective bargaining agreements 17 entered into under the State Employes Group Life Insurance Law 18 are not affected nor impaired by the repeal of the State 19 Employes Group Life Insurance Law. 20 Section 6. The amendment of section 1737-B of the act shall 21 apply retroactively to July 1, 2006. 22 Section 7. This act shall take effect as follows: 23 (1) The following provisions shall take effect in 60 24 days: 25 (i) The addition of Article XV-A of the act. 26 (ii) Sections 4 and 5 of this act. 27 (2) The remainder of this act shall take effect 28 immediately. 29 SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN <-- 30 AS THE FISCAL CODE, IS AMENDED BY ADDING A SECTION TO READ: 20070H1295B2349 - 44 -
1 SECTION 1508. USE AND APPROPRIATION OF UNUSED COMMONWEALTH 2 FUNDS.--(A) WHENEVER THE GOVERNOR HAS DECLARED A DISASTER 3 EMERGENCY, THE GOVERNOR MAY TRANSFER ANY UNUSED FUNDS WHICH MAY 4 HAVE BEEN APPROPRIATED FOR THE ORDINARY EXPENSES OF THE STATE 5 GOVERNMENT IN THE GENERAL FUND TO SUCH COMMONWEALTH AGENCIES AS 6 THE GOVERNOR MAY DIRECT TO BE EXPENDED FOR RELIEF OF DISASTER IN 7 SUCH MANNER AS THE GOVERNOR SHALL APPROVE, AND THE FUNDS ARE 8 HEREBY APPROPRIATED TO THE GOVERNOR FOR SUCH PURPOSES. THE TOTAL 9 OF THE TRANSFERS UNDER THIS SUBSECTION SHALL NOT EXCEED TWENTY 10 MILLION DOLLARS ($20,000,000) IN ANY ONE FISCAL YEAR EXCEPT BY 11 ACTION OF THE GENERAL ASSEMBLY. 12 (B) WHENEVER THE GOVERNOR SHALL HAVE PROCLAIMED A DISASTER 13 EMERGENCY UNDER 35 PA.C.S. § 7301(C) (RELATING TO GENERAL 14 AUTHORITY OF GOVERNOR), THE GOVERNOR SHALL HAVE POWER TO 15 TRANSFER ANY UNUSED FUNDS WHICH MAY HAVE BEEN APPROPRIATED FOR 16 THE ORDINARY EXPENSES OF GOVERNMENT IN THE GENERAL FUND TO SUCH 17 COMMONWEALTH AGENCIES AS HE MAY DIRECT TO BE EXPENDED FOR 18 REIMBURSEMENTS AS PROVIDED IN 35 PA.C.S. § 7705(A) AND (B) 19 (RELATING TO SPECIAL POWERS OF LOCAL AGENCIES). SUCH 20 REIMBURSEMENTS SHALL BE MADE IN ACCORDANCE WITH AND TO THE 21 EXTENT PERMITTED BY REGULATIONS ISSUED BY SUCH AGENCY OR 22 AGENCIES AS THE GOVERNOR MAY DESIGNATE TO ADMINISTER THE 23 REIMBURSEMENT PROGRAMS ESTABLISHED BY 35 PA.C.S. § 7705(A) AND 24 (B). THE TOTAL OF SUCH TRANSFERS SHALL NEVER EXCEED FIVE MILLION 25 DOLLARS ($5,000,000) IN ANY ONE FISCAL YEAR EXCEPT BY ACTION OF 26 THE GENERAL ASSEMBLY. 27 SECTION 1.1. THE ACT IS AMENDED BY ADDING AN ARTICLE TO 28 READ: 29 ARTICLE XV-A 30 COMMONWEALTH EMPLOYEES GROUP LIFE INSURANCE 20070H1295B2349 - 45 -
1 SECTION 1501-A. DEFINITIONS. 2 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE 3 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 4 CONTEXT CLEARLY INDICATES OTHERWISE: 5 "ANNUAL PAY RATE." THE BASE PAY RATE ANNUALIZED AND, IN THE 6 CASE OF HOURLY ELIGIBLE EMPLOYEES, SHALL BE COMPUTED ON THE 7 BASIS OF EXPECTED WORK HOURS. 8 "DEPARTMENT." THE DEPARTMENT OF GENERAL SERVICES OF THE 9 COMMONWEALTH. 10 "EMPLOYEES." A PERMANENT, CONTINUOUSLY SCHEDULED EMPLOYEE OF 11 THE EXECUTIVE, JUDICIAL OR LEGISLATIVE BRANCH OF THE 12 COMMONWEALTH, ITS COMMISSIONS, BOARDS, DEPARTMENTS AND 13 AUTHORITIES. THE TERM SHALL INCLUDE MEMBERS OF THE GENERAL 14 ASSEMBLY. 15 "LIFE INSURANCE." LIFE INSURANCE PROCURED UNDER THIS 16 ARTICLE. 17 "SECRETARY." THE SECRETARY OF GENERAL SERVICES OF THE 18 COMMONWEALTH. 19 SECTION 1502-A. GROUP LIFE INSURANCE. 20 (A) PROCUREMENT BY DEPARTMENT.--EXCEPT AS PROVIDED UNDER 21 SUBSECTION (B), THE DEPARTMENT, WITH THE APPROVAL OF THE 22 GOVERNOR AND WITH THE ADVICE OF THE INSURANCE COMMISSIONER, 23 SHALL PROCURE FROM ONE OR MORE LIFE INSURANCE COMPANIES 24 AUTHORIZED TO DO BUSINESS IN THIS COMMONWEALTH A POLICY OR 25 POLICIES OF GROUP LIFE INSURANCE COVERING ELIGIBLE EMPLOYEES. 26 (B) LEGISLATIVE BRANCH.--UPON WRITTEN NOTICE TO THE 27 SECRETARY, AN INDIVIDUAL AGENCY OF THE GENERAL ASSEMBLY MAY 28 PROCURE LIFE INSURANCE FOR ITS ELIGIBLE EMPLOYEES, INCLUDING 29 MEMBERS OF THE GENERAL ASSEMBLY, IN PLACE OF LIFE INSURANCE 30 AVAILABLE UNDER SUBSECTION (A). ANY LIFE INSURANCE PROCURED 20070H1295B2349 - 46 -
1 UNDER THIS SUBSECTION SHALL, AT A MINIMUM, MEET THE REQUIREMENTS 2 OF SECTIONS 1503-A, 1504-A, 1505-A, 1506-A AND 1508-A. 3 (C) ELIGIBILITY.--AN EMPLOYEE UNDER SUBSECTION (A) OR (B) IN 4 ACTIVE SERVICE SHALL BE ELIGIBLE FOR LIFE INSURANCE UNDER THIS 5 ARTICLE IF THE EMPLOYEE HAS COMPLETED THREE MONTHS' CONTINUOUS 6 SERVICE AS AN EMPLOYEE UNDER SUBSECTION (A) OR (B). TEMPORARY 7 EMPLOYEES SHALL NOT BE ELIGIBLE. 8 SECTION 1503-A. AMOUNT. 9 (A) SCHEDULE.--THE AMOUNT OF LIFE INSURANCE FOR ANY ELIGIBLE 10 EMPLOYEE SHALL BE BASED ON THE ELIGIBLE EMPLOYEE'S ANNUAL PAY 11 RATE FROM THE COMMONWEALTH IN ACCORDANCE WITH A SCHEDULE TO BE 12 SUBMITTED ANNUALLY BY THE SECRETARY FOR PUBLICATION IN THE 13 PENNSYLVANIA BULLETIN. 14 (B) REDUCTION.--THE AMOUNT OF LIFE INSURANCE FOR ANY 15 ELIGIBLE EMPLOYEES 70 YEARS OF AGE OR OLDER SHALL BE ONE-HALF 16 THE AMOUNT OF LIFE INSURANCE PROVIDED UNDER THE SCHEDULE 17 PUBLISHED UNDER SUBSECTION (A). 18 (C) CHANGE IN AMOUNT.--ANY CHANGE IN THE AMOUNT OF LIFE 19 INSURANCE MADE NECESSARY BY A CHANGE IN PAY SHALL TAKE EFFECT ON 20 THE NEXT SUCCEEDING PROGRAM ANNIVERSARY. 21 SECTION 1504-A. CONTRIBUTIONS. 22 (A) ELIGIBLE EMPLOYEE PAYMENT.--EXCEPT AS PROVIDED UNDER 23 SUBSECTION (B), EACH ELIGIBLE EMPLOYEE COVERED BY LIFE INSURANCE 24 SHALL PAY, EITHER DIRECTLY OR BY MEANS OF A PAYROLL DEDUCTION 25 AUTHORIZED BY THE EMPLOYEE, THE COST OF THE INSURANCE IN AN 26 AMOUNT AS MAY BE DETERMINED FROM TIME TO TIME ON THE BASIS OF 27 THE ACTUAL TOTAL COSTS OF THE LIFE INSURANCE POLICY OR POLICIES 28 CONTRACTED FOR BY THE COMMONWEALTH. 29 (B) COMMONWEALTH PAYMENT.--THE COMMONWEALTH MAY AGREE TO PAY 30 ALL OR ANY OF THE COSTS FOR LIFE INSURANCE. 20070H1295B2349 - 47 -
1 SECTION 1505-A. TERMINATION. 2 (A) CESSATION.--EXCEPT AS PROVIDED UNDER SUBSECTION (B), 3 LIFE INSURANCE SHALL, SUBJECT TO ANY CONVERSION PRIVILEGE, CEASE 4 UPON THE OCCURRENCE OF ANY OF THE FOLLOWING: 5 (1) TERMINATION OF EMPLOYMENT. 6 (2) NONPAYMENT OF ANY CONTRIBUTION DUE FROM AN ELIGIBLE 7 EMPLOYEE. 8 (3) AFTER 12 CONTINUOUS MONTHS OF UNPAID ABSENCE. 9 (B) DISABILITY.--LIFE INSURANCE SHALL BE CONTINUED FOR 10 EMPLOYEES WHO TERMINATE AFTER BECOMING PERMANENTLY AND TOTALLY 11 DISABLED WHILE COVERED UNDER THIS PROGRAM. 12 SECTION 1506-A. AUTOMATIC COVERAGE. 13 (A) PROVISION FOR COVERAGE.--ANY POLICY OF LIFE INSURANCE 14 SHALL PROVIDE THAT ALL ELIGIBLE EMPLOYEES SHALL BE AUTOMATICALLY 15 COVERED COMMENCING ON THE DATE THEY FIRST BECOME ELIGIBLE. 16 (B) NOTICE.--AN EMPLOYEE DESIRING NOT TO BE COVERED BY LIFE 17 INSURANCE SHALL GIVE WRITTEN NOTICE, ON A PRESCRIBED FORM, TO 18 THE EMPLOYEE'S EMPLOYING OFFICE THAT THE EMPLOYEE DESIRES NOT TO 19 BE INSURED. IF THE NOTICE IS RECEIVED BEFORE THE EMPLOYEE 20 BECOMES INSURED UNDER THE POLICY, THE EMPLOYEE SHALL NOT BE 21 INSURED. IF THE NOTICE IS RECEIVED AFTER THE EMPLOYEE BECOMES 22 INSURED, THE EMPLOYEE'S INSURANCE UNDER THE POLICY WILL CEASE 23 EFFECTIVE WITH THE END OF THE PAY PERIOD DURING WHICH THE NOTICE 24 IS RECEIVED BY THE EMPLOYING OFFICE. 25 SECTION 1507-A. SECRETARY TO BE AGENT. 26 (A) AGENT.--EXCEPT FOR LIFE INSURANCE PROCURED UNDER SECTION 27 1502-A(B), THE SECRETARY IS EXCLUSIVELY AUTHORIZED AND SHALL 28 HAVE THE DUTY TO TRANSACT ALL BUSINESS NECESSARY FOR THE PURPOSE 29 OF CONTRACTING FOR INSURANCE UNDER THIS ARTICLE. 30 (B) COMMISSION.--THE LIFE INSURANCE COMPANY OR COMPANIES 20070H1295B2349 - 48 -
1 FROM WHOM LIFE INSURANCE IS PROCURED BY THE SECRETARY SHALL 2 COMPUTE COMMISSIONS IN ACCORDANCE WITH THEIR STANDARD PRACTICE 3 FOLLOWED IN OTHER SIMILAR PLANS. THE COMMISSIONS SHALL BE PAID 4 TO THE SECRETARY TO OFFSET ADMINISTRATIVE AND OTHER EXPENSES 5 INCURRED IN THE ADMINISTRATION OF THE INSURANCE PLAN. 6 SECTION 1508-A. APPLICABILITY OF INSURANCE LAWS. 7 ALL LIFE INSURANCE SHALL BE SUBJECT TO THE LAWS OF THIS 8 COMMONWEALTH RELATING TO INSURANCE. 9 SECTION 2. SECTION 1737-B OF THE ACT, ADDED JULY 5, 2006 10 (P.L.296, NO.66), IS AMENDED TO READ: 11 SECTION 1737-B. STATE SYSTEM OF HIGHER EDUCATION. 12 [(RESERVED).] 13 THE FOLLOWING SHALL APPLY TO EXECUTIVE AUTHORIZATIONS FROM 14 THE KEYSTONE RECREATION, PARK AND CONSERVATION FUND FOR THE 15 STATE SYSTEM OF HIGHER EDUCATION: 16 (1) NOTWITHSTANDING THE PROVISIONS OF SECTION 12(B) OF 17 THE ACT OF JULY 2, 1993 (P.L.359, NO.50), KNOWN AS THE 18 KEYSTONE RECREATION, PARK AND CONSERVATION FUND ACT, FOR 19 FISCAL YEAR 2006-2007, THE ENTIRE AMOUNT OF THE TRANSFER 20 UNDER SECTION 1106-C(D) OF THE ACT OF MARCH 4, 1971 (P.L.6, 21 NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, SHALL BE PAID TO 22 THE STATE SYSTEM OF HIGHER EDUCATION. 23 (2) (RESERVED). 24 SECTION 3. SECTION 1720-C(C) OF THE ACT, ADDED JULY 5, 2006 25 (P.L.296, NO.66), IS REPEALED: 26 SECTION 1720-C. STATE GAMING FUND. 27 * * * 28 [C) TRANSFERS FOR VOLUNTEER FIRE COMPANY GRANT PROGRAM.-- 29 COMMENCING WITH FISCAL YEAR 2006-2007 AND CONTINUING ANNUALLY 30 THEREAFTER, THE SUM OF $25,000,000 SHALL BE TRANSFERRED FROM THE 20070H1295B2349 - 49 -
1 STATE GAMING FUND TO THE GENERAL FUND AND IS HEREBY APPROPRIATED 2 TO THE VOLUNTEER FIRE COMPANY GRANT PROGRAM ON A CONTINUING 3 BASIS.] 4 * * * 5 SECTION 4. THE ACT IS AMENDED BY ADDING ARTICLES TO READ: 6 ARTICLE XVII-E 7 GENERAL BUDGET IMPLEMENTATION 8 SUBARTICLE A 9 PRELIMINARY PROVISIONS 10 SECTION 1701-E. APPLICABILITY. 11 THIS ARTICLE APPLIES TO APPROPRIATIONS FROM EVERY GENERAL 12 APPROPRIATION ACT. 13 SECTION 1702-E. DEFINITIONS AND ABBREVIATIONS. 14 (A) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED 15 IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 16 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: 17 "SECRETARY." THE SECRETARY OF THE BUDGET OF THE 18 COMMONWEALTH. 19 (B) ABBREVIATIONS.--THE FOLLOWING ABBREVIATIONS WHEN USED IN 20 THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 21 SECTION: 22 "AIDS." ACQUIRED IMMUNE DEFICIENCY SYNDROME. 23 "ARC." APPALACHIAN REGIONAL COMMISSION. 24 "BG." BLOCK GRANT. 25 "CCDFBG." CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT. 26 "CSBG." COMMUNITY SERVICES BLOCK GRANT. 27 "DCSI." DRUG CONTROL AND SYSTEMS IMPROVEMENT FORMULA GRANT 28 PROGRAM. 29 "DFSC." DRUG FREE SCHOOLS AND COMMUNITIES ACT. 30 "DOE." DEPARTMENT OF ENERGY. 20070H1295B2349 - 50 -
1 "EEOC." EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. 2 "EPA." ENVIRONMENTAL PROTECTION AGENCY. 3 "ESEA." ELEMENTARY AND SECONDARY EDUCATION ACT. 4 "FEMA." FEDERAL EMERGENCY MANAGEMENT AGENCY. 5 "FTA." FEDERAL TRANSIT ADMINISTRATION. 6 "HUD." DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 7 "LIHEABG." LOW-INCOME HOME ENERGY ASSISTANCE BLOCK GRANT. 8 "LSTA." LIBRARY SERVICES AND TECHNOLOGY ACT. 9 "MCHSBG." MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT. 10 "MHSBG." MENTAL HEALTH SERVICES BLOCK GRANT. 11 "MR." MENTAL RETARDATION. 12 "PAFE." PENNSYLVANIA AGRICULTURAL FOOD EXPOSITION. 13 "PHHSBG." PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT. 14 "RSAT." RESIDENTIAL SUBSTANCE ABUSE TREATMENT. 15 "SABG." SUBSTANCE ABUSE BLOCK GRANT. 16 "SCDBG." SMALL COMMUNITIES DEVELOPMENT BLOCK GRANT. 17 "SDA." SERVICE DELIVERY AREA. 18 "SSBG." SOCIAL SERVICES BLOCK GRANT. 19 "TANF." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. 20 "TANFBG." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 21 GRANT. 22 "TEFAP." TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM. 23 "WIA." WORKFORCE INVESTMENT ACT. 24 "WIC." WOMEN, INFANTS AND CHILDREN PROGRAM. 25 SECTION 1703-E. WARRANTS. 26 (RESERVED). 27 SUBARTICLE B 28 EXECUTIVE DEPARTMENT 29 SECTION 1711-E. GOVERNOR. 30 (RESERVED). 20070H1295B2349 - 51 -
1 SECTION 1712-E. EXECUTIVE OFFICES. 2 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE EXECUTIVE 3 OFFICES: 4 (1) PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY. 5 FUNDS REMAINING AFTER APPLICATION OF SECTION 202 OF A GENERAL 6 APPROPRIATION ACT FOR THE APPROPRIATION FOR GRANTS-IN-AID FOR 7 INTERMEDIATE PUNISHMENT PROGRAMS SHALL BE DISTRIBUTED TO 8 COUNTIES BASED ON THE FOLLOWING FORMULA: 9 (I) FIFTY PERCENT SHALL BE BASED ON THE PROPORTION 10 OF OFFENDERS DIVERTED FROM THE COUNTY PRISON SYSTEM TO 11 COUNTY INTERMEDIATE PUNISHMENT PROGRAMS. 12 (II) FIFTY PERCENT SHALL BE BASED ON THE PROPORTION 13 OF OFFENDERS DIVERTED FROM THE STATE CORRECTIONAL SYSTEM 14 TO THE COUNTY PRISON SYSTEM. 15 (2) GRANTS FOR SPECIALIZED PROBATION SERVICES, INCLUDING 16 SCHOOL-BASED, COMMUNITY-BASED, INTENSIVE SUPERVISION AND 17 AFTERCARE SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH 18 STANDARDS ADOPTED BY THE JUVENILE COURT JUDGES COMMISSION. 19 SECTION 1713-E. LIEUTENANT GOVERNOR. 20 (RESERVED). 21 SECTION 1714-E. ATTORNEY GENERAL. 22 (RESERVED). 23 SECTION 1715-E. AUDITOR GENERAL. 24 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS TO THE AUDITOR 25 GENERAL: 26 (1) FUNDS APPROPRIATED TO THE DEPARTMENT OF THE AUDITOR 27 GENERAL SHALL BE FOR THE PURPOSE OF PERFORMING POSTAUDITS IN 28 ACCORDANCE WITH GENERALLY ACCEPTED GOVERNMENT AUDITING 29 STANDARDS. 30 (2) (RESERVED). 20070H1295B2349 - 52 -
1 SECTION 1716-E. TREASURY DEPARTMENT. 2 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS TO THE TREASURY 3 DEPARTMENT: 4 (1) PAYMENTS FOR THE COMMONWEALTH'S PORTION OF EXPENSES 5 OF COUNCILS, COMMISSIONS, CONFERENCES, BOARDS, ASSOCIATIONS, 6 COALITIONS AND INSTITUTES SHALL BE MADE ONLY ON REQUISITION 7 OF THE GOVERNOR ON BEHALF OF THE ORGANIZATION, WHICH SHALL 8 FILE AN ACCOUNTING OF EXPENSES WITH THE AUDITOR GENERAL. 9 (2) (RESERVED). 10 SECTION 1716.1-E. INSURANCE RESTRUCTURING RESTRICTED RECEIPT 11 ACCOUNT. 12 (A) ESTABLISHMENT.--THERE IS ESTABLISHED A RESTRICTED 13 RECEIPT ACCOUNT IN THE STATE TREASURY TO BE KNOWN AS THE 14 INSURANCE RESTRUCTURING RESTRICTED RECEIPT ACCOUNT. INTEREST 15 EARNED ON MONEY IN THE ACCOUNT SHALL REMAIN IN THE ACCOUNT. 16 (B) DEPOSIT.--ALL NET ECONOMIC BENEFITS, INCLUDING PROCEEDS, 17 SAVINGS, FUNDS AND OTHER MONEY DERIVED FROM THE MERGER, 18 CONSOLIDATION OR OTHER ACQUISITION OF CONTROL OF A HOSPITAL PLAN 19 CORPORATION OR PROFESSIONAL HEALTH SERVICES PLAN CORPORATION, 20 WHICH ARE TO BE USED TO FUND ANY PORTION OF A HEALTH CARE OR 21 HEALTH CARE-RELATED PROGRAM OF, OR ADMINISTERED BY, THE 22 COMMONWEALTH SHALL BE DEPOSITED INTO THE ACCOUNT. 23 (C) PROHIBITION.--NO CONTRACT OR WRITTEN AGREEMENT BETWEEN 24 THE COMMONWEALTH AND A HOSPITAL PLAN CORPORATION OR PROFESSIONAL 25 HEALTH SERVICES PLAN CORPORATION MAY BE ENTERED INTO RELATING TO 26 THE DISBURSEMENT OR SPENDING OF THE ECONOMIC BENEFITS, PROCEEDS, 27 SAVINGS, FUNDS OR OTHER MONEY RESULTING FROM THE MERGER, 28 CONSOLIDATION OR OTHER ACQUISITION OF CONTROL OF A HOSPITAL PLAN 29 CORPORATION OR PROFESSIONAL HEALTH SERVICES PLAN CORPORATION 30 UNTIL FUNDS ARE APPROPRIATED UNDER SUBSECTION (D). 20070H1295B2349 - 53 -
1 (D) APPROPRIATION.--NO FUND OR MONEY MAY BE TRANSFERRED OR 2 PAID FROM THE ACCOUNT UNLESS APPROPRIATED BY THE GENERAL 3 ASSEMBLY FOR HEALTH-RELATED PURPOSES. 4 SECTION 1717-E. DEPARTMENT OF AGING. 5 (RESERVED). 6 SECTION 1718-E. DEPARTMENT OF AGRICULTURE. 7 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 8 DEPARTMENT OF AGRICULTURE: 9 (1) NO EXPENDITURES MAY BE MADE FROM THE APPROPRIATION 10 FOR THE PAYMENT TO THE STATE FARM PRODUCTS SHOW FUND OR FROM 11 THE STATE FARM PRODUCTS SHOW FUND FOR ANY ACTIVITIES 12 ASSOCIATED WITH THE PAFE UNLESS SUCH ACTIVITIES TAKE PLACE ON 13 THE PREMISES OF THE FARM SHOW COMPLEX, HARRISBURG, 14 PENNSYLVANIA. 15 (2) THE DEPARTMENT MAY MAKE ALLOCATIONS OF 16 APPROPRIATIONS FOR DEVELOPMENT AND OPERATION OF AN OPEN 17 LIVESTOCK SHOW, FOR PLANNING AND STAGING OF AN OPEN DAIRY 18 SHOW AND FOR PROMOTION AND HOLDING OF ANNUAL LOCAL, REGIONAL 19 AND STATE 4H CLUBS AND FUTURE FARMERS OF AMERICA DAIRY SHOWS 20 AS IT DEEMS APPROPRIATE, TO AN ASSOCIATION WHOSE PURPOSES ARE 21 IN ACCORD WITH THE PURPOSES AND INTENT OF THE APPROPRIATIONS. 22 ALLOCATIONS UNDER THIS PARAGRAPH SHALL BE USED FOR THE 23 DEVELOPMENT AND OPERATION OF LIVESTOCK, DAIRY AND JUNIOR 24 DAIRY SHOWS IN THE PENNSYLVANIA FARM SHOW COMPLEX, PROVIDED, 25 THAT THE FUNDS ALLOCATED BY THE DEPARTMENT SHALL ONLY BE USED 26 FOR THE SPECIFIC ITEMS APPROVED BY THE DEPARTMENT IN ADVANCE. 27 SECTION 1719-E. DEPARTMENT OF COMMUNITY AND ECONOMIC 28 DEVELOPMENT. 29 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 30 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT: 20070H1295B2349 - 54 -
1 (1) NO MORE THAN 20% OF FUNDS APPROPRIATED FOR GRANTS 2 UNDER THE ACT OF MAY 20, 1949 (P.L.1633, NO.493), KNOWN AS 3 THE HOUSING AND REDEVELOPMENT ASSISTANCE LAW, SHALL BE 4 ALLOCATED TO ANY ONE POLITICAL SUBDIVISION. 5 (2) (RESERVED). 6 SECTION 1720-E. DEPARTMENT OF CONSERVATION AND NATURAL 7 RESOURCES. 8 (RESERVED). 9 SECTION 1721-E. DEPARTMENT OF CORRECTIONS. 10 (RESERVED). 11 SECTION 1722-E. DEPARTMENT OF EDUCATION. 12 (RESERVED). 13 SECTION 1723-E. DEPARTMENT OF ENVIRONMENTAL PROTECTION. 14 (RESERVED). 15 SECTION 1724-E. DEPARTMENT OF GENERAL SERVICES. 16 (RESERVED). 17 SECTION 1725-E. DEPARTMENT OF HEALTH. 18 (RESERVED). 19 SECTION 1726-E. INSURANCE DEPARTMENT. 20 (RESERVED). 21 SECTION 1727-E. DEPARTMENT OF LABOR AND INDUSTRY. 22 (RESERVED). 23 SECTION 1728-E. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS. 24 (RESERVED). 25 SECTION 1729-E. DEPARTMENT OF PUBLIC WELFARE. 26 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 27 DEPARTMENT OF PUBLIC WELFARE: 28 (1) ANY RULE, REGULATION OR POLICY FOR THE FEDERAL OR 29 STATE APPROPRIATIONS FOR THE CASH ASSISTANCE, OUTPATIENT, 30 INPATIENT, CAPITATION, BEHAVIORAL HEALTH, LONG-TERM CARE AND 20070H1295B2349 - 55 -
1 SUPPLEMENTAL GRANTS TO THE AGED, BLIND AND DISABLED, CHILD 2 CARE AND ATTENDANT CARE PROGRAMS ADOPTED BY THE SECRETARY OF 3 PUBLIC WELFARE DURING THE FISCAL YEAR WHICH ADDS TO THE COST 4 OF ANY PUBLIC ASSISTANCE PROGRAM SHALL BE EFFECTIVE ONLY FROM 5 AND AFTER THE DATE UPON WHICH IT IS APPROVED AS TO THE 6 AVAILABILITY OF FUNDS BY THE GOVERNOR. 7 (2) FEDERAL AND STATE MEDICAL ASSISTANCE PAYMENTS. THE 8 FOLLOWING SHALL APPLY: 9 (I) (RESERVED). 10 (II) (RESERVED). 11 (III) (RESERVED). 12 (IV) (RESERVED). 13 (V) (RESERVED). 14 (VI) (RESERVED). 15 (VII) THE FOLLOWING SHALL APPLY TO ELIGIBILITY 16 DETERMINATIONS FOR SERVICES UNDER MEDICAL ASSISTANCE: 17 (A) UNLESS THE CUSTODIAL PARENT OR LEGALLY 18 RESPONSIBLE ADULT HAS PROVIDED TO THE DEPARTMENT, AT 19 APPLICATION OR REDETERMINATION, INFORMATION REQUIRED 20 BY THE DEPARTMENT FOR INCLUSION IN THE ANNUAL REPORT 21 UNDER CLAUSE (B), NO FUNDS FROM AN APPROPRIATION FOR 22 MEDICAL ASSISTANCE SHALL BE USED TO PAY FOR MEDICAL 23 ASSISTANCE SERVICES FOR A CHILD UNDER 21 YEARS OF 24 AGE: 25 (I) WHO HAS A SUPPLEMENTAL SECURITY INCOME 26 (SSI) LEVEL OF DISABILITY; AND 27 (II) WHOSE PARENTAL INCOME IS NOT CURRENTLY 28 CONSIDERED IN THE ELIGIBILITY DETERMINATION 29 PROCESS. 30 (B) THE DEPARTMENT SHALL SUBMIT TO THE PUBLIC 20070H1295B2349 - 56 -
1 HEALTH AND WELFARE COMMITTEE OF THE SENATE AND THE 2 HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF 3 REPRESENTATIVES AN ANNUAL REPORT INCLUDING THE 4 FOLLOWING DATA: 5 (I) FAMILY SIZE. 6 (II) HOUSEHOLD INCOME. 7 (III) COUNTY OF RESIDENCE. 8 (IV) LENGTH OF RESIDENCE IN THIS 9 COMMONWEALTH. 10 (V) THIRD-PARTY INSURANCE INFORMATION. 11 (VI) DIAGNOSIS AND TYPE AND COST OF SERVICES 12 PAID FOR BY THE MEDICAL ASSISTANCE PROGRAM ON 13 BEHALF OF EACH ELIGIBLE AND ENROLLED CHILD 14 DESCRIBED IN CLAUSE (A). 15 SECTION 1730-E. DEPARTMENT OF REVENUE. 16 (RESERVED). 17 SECTION 1731-E. DEPARTMENT OF STATE. 18 (RESERVED). 19 SECTION 1732-E. DEPARTMENT OF TRANSPORTATION. 20 (RESERVED). 21 SECTION 1733-E. PENNSYLVANIA STATE POLICE. 22 (RESERVED). 23 SECTION 1734-E. STATE CIVIL SERVICE COMMISSION. 24 FUNDS APPROPRIATED TO THE STATE CIVIL SERVICE COMMISSION 25 SHALL INCLUDE ANY FUNDS COLLECTED BY THE COMMISSION FOR THE 26 ADMINISTRATION OF THE MERIT SYSTEM FOR EMPLOYEES UNDER THE ACT 27 OF AUGUST 5, 1941 (P.L.752, NO.286), KNOWN AS THE CIVIL SERVICE 28 ACT. 29 SECTION 1735-E. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY. 30 (RESERVED). 20070H1295B2349 - 57 -
1 SECTION 1736-E. PENNSYLVANIA FISH AND BOAT COMMISSION. 2 (RESERVED). 3 SECTION 1737-E. STATE SYSTEM OF HIGHER EDUCATION. 4 (RESERVED). 5 SECTION 1738-E. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE 6 AGENCY. 7 (RESERVED). 8 SECTION 1739-E. PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION. 9 (RESERVED). 10 SECTION 1740-E. PENNSYLVANIA INFRASTRUCTURE INVESTMENT 11 AUTHORITY. 12 (RESERVED). 13 SECTION 1741-E. ENVIRONMENTAL HEARING BOARD. 14 (RESERVED). 15 SECTION 1742-E. PENNSYLVANIA BOARD OF PROBATION AND PAROLE. 16 (RESERVED). 17 SECTION 1743-E. PENNSYLVANIA PUBLIC TELEVISION NETWORK 18 COMMISSION. 19 (RESERVED). 20 SECTION 1744-E. PENNSYLVANIA SECURITIES COMMISSION. 21 (RESERVED). 22 SECTION 1745-E. STATE TAX EQUALIZATION BOARD. 23 (RESERVED). 24 SECTION 1746-E. HEALTH CARE COST CONTAINMENT COUNCIL. 25 (RESERVED). 26 SECTION 1747-E. STATE ETHICS COMMISSION. 27 (RESERVED). 28 SECTION 1748-E. STATE EMPLOYEES' RETIREMENT SYSTEM. 29 (RESERVED). 30 SECTION 1749-E. THADDEUS STEVENS COLLEGE OF TECHNOLOGY. 20070H1295B2349 - 58 -
1 (RESERVED). 2 SECTION 1750-E. PENNSYLVANIA HOUSING FINANCE AGENCY. 3 (RESERVED). 4 SECTION 1751-E. LIHEABG. 5 THE FOLLOWING SHALL APPLY TO EXPENDITURES: 6 (1) THE DEPARTMENT OF PUBLIC WELFARE MAY, UPON APPROVAL 7 OF THE SECRETARY, MAKE TRANSFERS OF FEDERAL FUNDS 8 APPROPRIATED TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC 9 DEVELOPMENT FROM LIHEABG FOR WEATHERIZATION AND 10 ADMINISTRATION IF THE TRANSFER WILL NOT RESULT IN A DEFICIT 11 IN ANY APPROPRIATION FROM WHICH FUNDS ARE TRANSFERRED. 12 (2) UNEXPENDED WEATHERIZATION FUNDS WHICH WOULD RESULT 13 IN LIHEABG FUNDS BEING RETURNED TO THE DEPARTMENT OF HEALTH 14 AND HUMAN SERVICES MAY BE SPENT FOR ASSISTANCE GRANTS AT THE 15 DISCRETION OF THE SECRETARY. 16 (3) THE SECRETARY SHALL PROVIDE TEN DAYS' PRIOR 17 NOTIFICATION OF A TRANSFER UNDER PARAGRAPH (1) OR (2) TO THE 18 CHAIRMAN AND THE MINORITY CHAIRMAN OF THE APPROPRIATIONS 19 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY 20 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF 21 REPRESENTATIVES. 22 SECTION 1752-E. BUDGET STABILIZATION RESERVE FUND. 23 (RESERVED). 24 SUBARTICLE C 25 LEGISLATIVE DEPARTMENT 26 SECTION 1761-E. SENATE. 27 (RESERVED). 28 SECTION 1762-E. HOUSE OF REPRESENTATIVES. 29 (RESERVED). 30 SECTION 1763-E. LEGISLATIVE REFERENCE BUREAU. 20070H1295B2349 - 59 -
1 (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 2 CONTRARY, INCLUDING 62 PA.C.S. (RELATING TO PROCUREMENT), THE 3 PENNSYLVANIA CONSOLIDATED STATUTES, ADVANCE COPIES OF 4 STATUTES, VOLUMES OF THE LAWS OF PENNSYLVANIA AND OTHER 5 PUBLICATIONS SHALL BE PRINTED UNDER CONTRACTS ENTERED INTO BY 6 THE LEGISLATIVE REFERENCE BUREAU AND DISTRIBUTED AS 7 DETERMINED BY THE BUREAU. MONEY FROM SALES SHALL BE PAID TO 8 THE BUREAU OR THE DEPARTMENT OF GENERAL SERVICES, AS THE 9 BUREAU SHALL DETERMINE; AND THAT MONEY SHALL BE PAID INTO THE 10 STATE TREASURY TO THE CREDIT OF THE GENERAL FUND. MONEY FROM 11 SALES IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE 12 LEGISLATIVE REFERENCE BUREAU FOR THE EDITING, PRINTING AND 13 DISTRIBUTION OF THE PENNSYLVANIA CONSOLIDATED STATUTES, 14 ADVANCE COPIES OF STATUTES, VOLUMES OF THE LAWS OF 15 PENNSYLVANIA AND OTHER PUBLICATIONS AND FOR RELATED EXPENSES. 16 (2) CONTINGENT EXPENSES CONNECTED WITH THE WORK OF THE 17 BUREAU SHALL BE PAID ON WARRANTS OF THE STATE TREASURER IN 18 FAVOR OF THE DIRECTOR ON THE PRESENTATION OF THE DIRECTOR'S 19 REQUISITIONS. 20 (3) THE DIRECTOR SHALL FILE AN ACCOUNTING OF THE 21 CONTINGENT EXPENSES, TOGETHER WITH SUPPORTING DOCUMENTS 22 WHENEVER POSSIBLE, IN THE OFFICE OF THE BUREAU. 23 SECTION 1764-E. LEGISLATIVE BUDGET AND FINANCE COMMITTEE. 24 (RESERVED). 25 SECTION 1765-E. LEGISLATIVE DATA PROCESSING COMMITTEE. 26 (RESERVED). 27 SECTION 1766-E. JOINT STATE GOVERNMENT COMMISSION. 28 (RESERVED). 29 SECTION 1767-E. LOCAL GOVERNMENT COMMISSION. 30 (RESERVED). 20070H1295B2349 - 60 -
1 SECTION 1768-E. JOINT LEGISLATIVE AIR AND WATER POLLUTION 2 CONTROL AND CONSERVATION COMMITTEE. 3 (RESERVED). 4 SECTION 1769-E. LEGISLATIVE AUDIT ADVISORY COMMISSION. 5 (RESERVED). 6 SECTION 1770-E. INDEPENDENT REGULATORY REVIEW COMMISSION. 7 (RESERVED). 8 SECTION 1771-E. CAPITOL PRESERVATION COMMITTEE. 9 (RESERVED). 10 SECTION 1772-E. PENNSYLVANIA COMMISSION ON SENTENCING. 11 (RESERVED). 12 SECTION 1773-E. CENTER FOR RURAL PENNSYLVANIA. 13 (RESERVED). 14 SECTION 1774-E. COMMONWEALTH MAIL PROCESSING CENTER. 15 (RESERVED). 16 SECTION 1775-E. CHIEF CLERK OF THE SENATE AND CHIEF CLERK OF 17 THE HOUSE OF REPRESENTATIVES. 18 (RESERVED). 19 SUBARTICLE D 20 JUDICIAL DEPARTMENT 21 SECTION 1781-E. SUPREME COURT. 22 (RESERVED). 23 SECTION 1782-E. SUPERIOR COURT. 24 (RESERVED). 25 SECTION 1783-E. COMMONWEALTH COURT. 26 (RESERVED). 27 SECTION 1784-E. COURTS OF COMMON PLEAS. 28 (RESERVED). 29 SECTION 1785-E. COMMUNITY COURTS - MAGISTERIAL DISTRICT JUDGES. 30 (RESERVED). 20070H1295B2349 - 61 -
1 SECTION 1786-E. PHILADELPHIA TRAFFIC COURT. 2 (RESERVED). 3 SECTION 1787-E. PHILADELPHIA MUNICIPAL COURT. 4 (RESERVED). 5 SECTION 1788-E. JUDICIAL CONDUCT BOARD. 6 (RESERVED). 7 SECTION 1789-E. COURT OF JUDICIAL DISCIPLINE. 8 (RESERVED). 9 SECTION 1790-E. JUROR COST REIMBURSEMENT. 10 (RESERVED). 11 SECTION 1791-E. COUNTY COURT REIMBURSEMENT. 12 (RESERVED). 13 SECTION 1792-E. SENIOR JUDGES. 14 (RESERVED). 15 SECTION 1793-E. TRANSFER OF FUNDS BY SUPREME COURT. 16 (RESERVED). 17 SUBARTICLE E 18 RESTRICTIONS ON APPROPRIATIONS 19 FOR FUNDS AND ACCOUNTS 20 SECTION 1799-E. STATE GAMING FUND. 21 (A) TRANSFERS FOR VOLUNTEER FIRE COMPANY AND VOLUNTEER 22 AMBULANCE SERVICE GRANT ACT.--COMMENCING WITH FISCAL YEAR 2007- 23 2008 AND CONTINUING ANNUALLY THEREAFTER, THE SUM OF $25,000,000 24 SHALL BE TRANSFERRED FROM THE STATE GAMING FUND TO THE GENERAL 25 FUND AND IS HEREBY APPROPRIATED ON A CONTINUING BASIS TO THE 26 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY FOR THE PURPOSE OF 27 MAKING GRANTS IN ACCORDANCE WITH CHAPTER 7 OF THE ACT OF JULY 28 31, 2003 (P.L.73, NO.17), KNOWN AS THE VOLUNTEER FIRE COMPANY 29 AND VOLUNTEER AMBULANCE SERVICE GRANT ACT. ANNUALLY THE SUM OF 30 $22,000,000 SHALL BE EXPENDED FOR THE PURPOSE OF MAKING GRANTS 20070H1295B2349 - 62 -
1 TO ELIGIBLE VOLUNTEER FIRE COMPANIES PURSUANT TO CHAPTER 3 OF 2 THE VOLUNTEER FIRE COMPANY AND VOLUNTEER AMBULANCE SERVICE GRANT 3 ACT. ANNUALLY THE SUM OF $3,000,000 SHALL BE EXPENDED FOR THE 4 PURPOSE OF MAKING GRANTS TO ELIGIBLE VOLUNTEER AMBULANCE 5 SERVICES PURSUANT TO CHAPTER 5 OF THE VOLUNTEER FIRE COMPANY AND 6 VOLUNTEER AMBULANCE SERVICE GRANT ACT. 7 (B) (RESERVED). 8 (C) PERFORMANCE AUDIT.--NOTWITHSTANDING SECTION 408, A 9 PERFORMANCE AUDIT OF THE PENNSYLVANIA GAMING CONTROL BOARD 10 COMMENCED IN 2007 BY THE AUDITOR GENERAL SHALL BE PAID FOR FROM 11 FUNDS APPROPRIATED TO THE AUDITOR GENERAL. 12 (D) UTILIZATION.--THE BOARD SHALL NOT ENCUMBER OR COMMIT 13 FUNDS OBTAINED FROM ANY SOURCE, INCLUDING A COMMERCIAL LOAN OR 14 THE SALE OF GAMING RECEIPTS, UNLESS APPROPRIATED BY THE GENERAL 15 ASSEMBLY. 16 ARTICLE XVII-F 17 2007-2008 BUDGET IMPLEMENTATION 18 SUBARTICLE A 19 PRELIMINARY PROVISIONS 20 SECTION 1701-F. APPLICABILITY. 21 EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE 22 APPLIES TO THE GENERAL APPROPRIATION ACT OF 2007. 23 SECTION 1702-F. DEFINITIONS AND ABBREVIATIONS. 24 (A) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED 25 IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 26 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: 27 "GENERAL APPROPRIATION ACT." THE ACT OF , 2007 28 (P.L. , NO. ), KNOWN AS THE GENERAL APPROPRIATION ACT OF 29 2007. 30 "SECRETARY." THE SECRETARY OF THE BUDGET OF THE 20070H1295B2349 - 63 -
1 COMMONWEALTH. 2 (B) ABBREVIATIONS.--THE FOLLOWING ABBREVIATIONS WHEN USED IN 3 THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 4 SECTION: 5 "AIDS." ACQUIRED IMMUNE DEFICIENCY SYNDROME. 6 "ARC." APPALACHIAN REGIONAL COMMISSION. 7 "BG." BLOCK GRANT. 8 "CCDFBG." CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT. 9 "CSBG." COMMUNITY SERVICES BLOCK GRANT. 10 "DCSI." DRUG CONTROL AND SYSTEMS IMPROVEMENT FORMULA GRANT 11 PROGRAM. 12 "DFSC." DRUG FREE SCHOOLS AND COMMUNITIES ACT. 13 "DOE." DEPARTMENT OF ENERGY. 14 "EEOC." EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. 15 "EPA." ENVIRONMENTAL PROTECTION AGENCY. 16 "ESEA." ELEMENTARY AND SECONDARY EDUCATION ACT. 17 "FEMA." FEDERAL EMERGENCY MANAGEMENT AGENCY. 18 "FTA." FEDERAL TRANSIT ADMINISTRATION. 19 "HUD." DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 20 "LIHEABG." LOW-INCOME HOME ENERGY ASSISTANCE BLOCK GRANT. 21 "LSTA." LIBRARY SERVICES AND TECHNOLOGY ACT. 22 "MCHSBG." MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT. 23 "MHSBG." MENTAL HEALTH SERVICES BLOCK GRANT. 24 "MR." MENTAL RETARDATION. 25 "PAFE." PENNSYLVANIA AGRICULTURAL FOOD EXPOSITION. 26 "PHHSBG." PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT. 27 "RSAT." RESIDENTIAL SUBSTANCE ABUSE TREATMENT. 28 "SABG." SUBSTANCE ABUSE BLOCK GRANT. 29 "SCDBG." SMALL COMMUNITIES DEVELOPMENT BLOCK GRANT. 30 "SDA." SERVICE DELIVERY AREA. 20070H1295B2349 - 64 -
1 "SSBG." SOCIAL SERVICES BLOCK GRANT. 2 "TANF." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. 3 "TANFBG." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 4 GRANT. 5 "TEFAP." TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM. 6 "WIA." WORKFORCE INVESTMENT ACT. 7 "WIC." WOMEN, INFANTS AND CHILDREN PROGRAM. 8 SECTION 1703-F. WARRANTS. 9 (RESERVED). 10 SUBARTICLE B 11 EXECUTIVE DEPARTMENT 12 SECTION 1711-F. GOVERNOR. 13 (RESERVED). 14 SECTION 1712-F. EXECUTIVE OFFICES. 15 (RESERVED). 16 SECTION 1713-F. LIEUTENANT GOVERNOR. 17 (RESERVED). 18 SECTION 1714-F. ATTORNEY GENERAL. 19 (RESERVED). 20 SECTION 1715-F. AUDITOR GENERAL. 21 (RESERVED). 22 SECTION 1716-F. TREASURY DEPARTMENT. 23 (RESERVED). 24 SECTION 1717-F. DEPARTMENT OF AGING. 25 (RESERVED). 26 SECTION 1718-F. DEPARTMENT OF AGRICULTURE. 27 (RESERVED). 28 SECTION 1719-F. DEPARTMENT OF COMMUNITY AND ECONOMIC 29 DEVELOPMENT. 30 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 20070H1295B2349 - 65 -
1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT IN THE GENERAL 2 APPROPRIATION ACT: 3 (1) GRANTS FROM FUNDS APPROPRIATED FOR COMMUNITY 4 REVITALIZATION AND ASSISTANCE SHALL BE AWARDED ONLY AFTER 5 PROGRAM GUIDELINES, SCHEDULES AND APPLICATION PROCEDURES ARE 6 ESTABLISHED BY THE DEPARTMENT AND PUBLISHED IN THE 7 PENNSYLVANIA BULLETIN. 8 (2) FUNDS APPROPRIATED FOR SMALL BUSINESS DEVELOPMENT 9 CENTERS SHALL BE ALLOCATED AS FOLLOWS: 10 (I) SMALL BUSINESS DEVELOPMENT CENTERS THAT RECEIVED 11 AN ALLOCATION FROM THE APPROPRIATION FOR SMALL BUSINESS 12 DEVELOPMENT CENTERS FOR FISCAL YEARS 2005-2006 AND 2006- 13 2007 SHALL BE ALLOCATED AN AMOUNT FOR FISCAL YEAR 2007- 14 2008 WHICH IS NOT LESS THAN THE AMOUNT RECEIVED IN FISCAL 15 YEAR 2005-2006. 16 (II) SMALL BUSINESS DEVELOPMENT CENTERS THAT DID NOT 17 RECEIVE AN ALLOCATION FROM THE APPROPRIATION FOR SMALL 18 BUSINESS DEVELOPMENT CENTERS FOR FISCAL YEAR 2005-2006 19 SHALL BE ALLOCATED AN AMOUNT FOR FISCAL YEAR 2007-2008 20 WHICH IS NOT LESS THAN THE AMOUNT RECEIVED FROM THE 21 APPROPRIATION FOR SMALL BUSINESS DEVELOPMENT CENTERS FOR 22 FISCAL YEAR 2006-2007. 23 (III) THE STATE DIRECTOR'S OFFICE, INCLUDING THE 24 ENERGY MANAGEMENT ASSISTANCE PROGRAM AND THE STRATEGIC 25 INITIATIVE PLANS PROGRAM SHALL BE ALLOCATED IN AN AMOUNT 26 WHICH IS NOT LESS THAN THE AMOUNTS RECEIVED FROM THE 27 APPROPRIATION FOR SMALL BUSINESS DEVELOPMENT CENTERS FOR 28 FISCAL YEAR 2005-2006. 29 SECTION 1720-F. DEPARTMENT OF CONSERVATION AND NATURAL 30 RESOURCES. 20070H1295B2349 - 66 -
1 (RESERVED). 2 SECTION 1721-F. DEPARTMENT OF CORRECTIONS. 3 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 4 DEPARTMENT OF CORRECTIONS IN THE GENERAL APPROPRIATION ACT: 5 (1) WHEN MAKING EXPENDITURES FROM APPROPRIATIONS FOR THE 6 OPERATION OF STATE CORRECTIONAL INSTITUTIONS, THE DEPARTMENT 7 OF CORRECTIONS SHALL GIVE CONSIDERATION TO MINIMUM RELIEF 8 FACTOR VALUES CALCULATED WHEN DETERMINING STAFFING LEVELS FOR 9 CORRECTIONS OFFICERS AND FOOD SERVICE INSTRUCTORS AT EACH 10 STATE CORRECTIONAL INSTITUTION. 11 SECTION 1722-F. DEPARTMENT OF EDUCATION. 12 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS OF THE DEPARTMENT 13 OF EDUCATION IN THE GENERAL APPROPRIATION ACT: 14 (1) ANNUAL PAYMENTS FROM THE APPROPRIATION TO 15 INSTITUTIONS OF HIGHER LEARNING FOR DEFRAYING THE EXPENSES OF 16 DEAF OR BLIND STUDENTS SHALL NOT EXCEED $500 PER STUDENT. 17 (2) GRANTS TO ENGINEERING SCHOOLS APPROVED BY THE 18 ACCREDITATION BOARD OF ENGINEERING AND TECHNOLOGY PRORATED 19 BASED UPON FULL-TIME EQUIVALENT STUDENT ENROLLMENT MAY ONLY 20 BE USED FOR THE ACQUISITION OR UPGRADING OF ENGINEERING 21 INSTRUCTIONAL EQUIPMENT. AT LEAST $2 OF PRIVATE FUNDS SHALL 22 BE REQUIRED FOR EACH $1 OF GRANT FUNDS. 23 SECTION 1723-F. DEPARTMENT OF ENVIRONMENTAL PROTECTION. 24 (RESERVED). 25 SECTION 1724-F. DEPARTMENT OF GENERAL SERVICES. 26 (RESERVED). 27 SECTION 1725-F. DEPARTMENT OF HEALTH. 28 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 29 DEPARTMENT OF HEALTH IN THE GENERAL APPROPRIATION ACT: 30 (1) FUNDS APPROPRIATED FOR LUPUS PROGRAMS SHALL BE 20070H1295B2349 - 67 -
1 DISTRIBUTED IN THE SAME PROPORTION AS DISTRIBUTED IN FISCAL 2 YEAR 2006-2007. 3 (2) FUNDS APPROPRIATED FOR ARTHRITIS OUTREACH AND 4 EDUCATION SHALL BE EQUITABLY DISTRIBUTED AMONG THE CENTRAL, 5 WESTERN AND EASTERN REGIONS OF THIS COMMONWEALTH BASED ON THE 6 RATIO OF POPULATION SERVED IN EACH REGION TO THE TOTAL 7 POPULATION SERVED IN THIS COMMONWEALTH. 8 SECTION 1726-F. INSURANCE DEPARTMENT. 9 (RESERVED). 10 SECTION 1727-F. DEPARTMENT OF LABOR AND INDUSTRY. 11 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 12 DEPARTMENT OF LABOR AND INDUSTRY IN THE GENERAL APPROPRIATION 13 ACT: 14 (1) THE APPROPRIATION FOR PAYMENT TO THE VOCATIONAL 15 REHABILITATION FUND FOR WORK OF THE STATE BOARD OF VOCATIONAL 16 REHABILITATION INCLUDES $2,584,000 FOR A STATEWIDE 17 PROFESSIONAL SERVICE PROVIDER ASSOCIATION FOR THE BLIND TO 18 PROVIDE SPECIALIZED SERVICES AND PREVENTION OF BLINDNESS 19 SERVICES. 20 (2) FOR THE "REED ACT-UNEMPLOYMENT INSURANCE" AND "REED 21 ACT-EMPLOYMENT SERVICES AND UNEMPLOYMENT INSURANCE" 22 APPROPRIATIONS, THE TOTAL AMOUNT WHICH MAY BE OBLIGATED SHALL 23 NOT EXCEED THE LIMITATIONS UNDER SECTION 903 OF THE SOCIAL 24 SECURITY ACT (49 STAT. 620, 42 U.S.C. § 1103). 25 SECTION 1728-F. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS. 26 (RESERVED). 27 SECTION 1729-F. DEPARTMENT OF PUBLIC WELFARE. 28 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 29 DEPARTMENT OF PUBLIC WELFARE FROM THE GENERAL APPROPRIATION ACT: 30 (1) AUTHORIZED TRANSFERS FOR CHILD CARE SERVICES. THE 20070H1295B2349 - 68 -
1 FOLLOWING SHALL APPLY: 2 (I) THE DEPARTMENT, UPON APPROVAL OF THE SECRETARY, 3 MAY TRANSFER FEDERAL FUNDS APPROPRIATED FOR TANFBG CHILD 4 CARE ASSISTANCE TO THE CCDFBG CHILD CARE SERVICES 5 APPROPRIATION TO PROVIDE CHILD CARE SERVICES TO 6 ADDITIONAL LOW INCOME FAMILIES IF THE TRANSFER OF FUNDS 7 WILL NOT RESULT IN A DEFICIT IN THE APPROPRIATION. THE 8 SECRETARY SHALL PROVIDE NOTICE TEN DAYS PRIOR TO A 9 TRANSFER UNDER THIS SUBPARAGRAPH TO THE CHAIRMAN AND 10 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE 11 SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF THE 12 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES. 13 (II) THE DEPARTMENT, UPON APPROVAL OF THE SECRETARY, 14 MAY TRANSFER FEDERAL FUNDS APPROPRIATED FOR CCDFBG CHILD 15 CARE ASSISTANCE TO THE CCDFBG CHILD CARE SERVICES 16 APPROPRIATION TO PROVIDE CHILD CARE SERVICES TO 17 ADDITIONAL LOW INCOME FAMILIES PROVIDED THAT THE TRANSFER 18 OF FUNDS WILL NOT RESULT IN A DEFICIT IN THE 19 APPROPRIATION. THE SECRETARY SHALL PROVIDE NOTICE TEN 20 DAYS PRIOR TO A TRANSFER UNDER THIS SUBPARAGRAPH TO THE 21 CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS 22 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND THE MINORITY 23 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF 24 REPRESENTATIVES. 25 (2) FEDERAL AND STATE MEDICAL ASSISTANCE PAYMENTS. THE 26 FOLLOWING SHALL APPLY: 27 (I) WHEN MAKING PAYMENTS FOR MEDICAL ASSISTANCE 28 OUTPATIENT OR CAPITATION SERVICES, THE DEPARTMENT SHALL 29 NOT REQUIRE A RECIPIENT TO OBTAIN A PHYSICIAN REFERRAL IN 30 ORDER TO RECEIVE CHIROPRACTIC SERVICES. 20070H1295B2349 - 69 -
1 (II) NO FUNDS APPROPRIATED FOR APPROVED CAPITATION 2 PLANS SHALL BE USED TO PAY A PROVIDER WHO FAILS TO SUPPLY 3 INFORMATION IN A FORM REQUIRED BY THE DEPARTMENT IN ORDER 4 TO FACILITATE CLAIMS FOR FEDERAL FINANCIAL PARTICIPATION 5 FOR SERVICES RENDERED TO GENERAL ASSISTANCE CLIENTS. 6 (III) FOR FISCAL YEAR 2007-2008, ADDITIONAL FEDERAL 7 AND STATE INPATIENT FUNDING IS INCLUDED TO PROVIDE FOR 8 COMMUNITY ACCESS FUND PAYMENTS. PAYMENTS TO HOSPITALS FOR 9 COMMUNITY ACCESS FUND GRANTS SHALL BE DISTRIBUTED UNDER 10 THE FORMULAS UTILIZED FOR THESE GRANTS IN FISCAL YEAR 11 2006-2007. 12 (IV) QUALIFYING STATE-RELATED ACADEMIC MEDICAL 13 CENTERS SHALL NOT RECEIVE ANY LESS FUNDING THAN RECEIVED 14 FOR THE FISCAL YEAR 2004-2005 STATE APPROPRIATION LEVEL 15 IF FEDERAL FUNDING FOR ACADEMIC MEDICAL CENTERS IS NOT 16 MADE AVAILABLE TO THOSE ACADEMIC MEDICAL CENTERS DURING 17 FISCAL YEAR 2007-2008. 18 (V) FUNDS APPROPRIATED FOR MEDICAL ASSISTANCE 19 TRANSPORTATION SHALL ONLY BE UTILIZED AS A PAYMENT OF 20 LAST RESORT FOR TRANSPORTATION FOR ELIGIBLE MEDICAL 21 ASSISTANCE RECIPIENTS. 22 (3) (RESERVED). 23 (4) WOMEN'S SERVICE PROGRAMS. THE FOLLOWING SHALL APPLY: 24 (I) FUNDS APPROPRIATED FOR WOMEN'S SERVICE PROGRAMS 25 GRANTS TO NONPROFIT AGENCIES WHOSE PRIMARY FUNCTION IS TO 26 PROVIDE ALTERNATIVES TO ABORTION SHALL BE EXPENDED TO 27 PROVIDE SERVICES TO WOMEN UNTIL CHILDBIRTH AND FOR UP TO 28 12 MONTHS THEREAFTER, INCLUDING FOOD, SHELTER, CLOTHING, 29 HEALTH CARE, COUNSELING, ADOPTION SERVICES, PARENTING 30 CLASSES, ASSISTANCE FOR POSTDELIVERY STRESS AND OTHER 20070H1295B2349 - 70 -
1 SUPPORTIVE PROGRAMS AND SERVICES AND FOR RELATED OUTREACH 2 PROGRAMS. AGENCIES MAY SUBCONTRACT WITH OTHER NONPROFIT 3 ENTITIES WHICH OPERATE PROJECTS DESIGNED SPECIFICALLY TO 4 PROVIDE ALL OR A PORTION OF THESE SERVICES. PROJECTS 5 RECEIVING FUNDS REFERRED TO IN THIS SUBPARAGRAPH SHALL 6 NOT PROMOTE, REFER FOR OR PERFORM ABORTIONS OR ENGAGE IN 7 ANY COUNSELING WHICH IS INCONSISTENT WITH THE 8 APPROPRIATION REFERRED TO IN THIS SUBPARAGRAPH AND SHALL 9 BE PHYSICALLY AND FINANCIALLY SEPARATE FROM ANY COMPONENT 10 OF ANY LEGAL ENTITY ENGAGING IN SUCH ACTIVITIES. 11 (II) FUNDS APPROPRIATED FOR WOMEN'S SERVICE PROGRAMS 12 SHALL BE USED FOR WOMEN'S MEDICAL SERVICES, INCLUDING 13 NONINVASIVE CONTRACEPTION SUPPLIES. 14 (III) FEDERAL FUNDS APPROPRIATED FOR TANFBG 15 ALTERNATIVES TO ABORTION SHALL BE UTILIZED SOLELY FOR 16 SERVICES TO WOMEN WHOSE GROSS FAMILY INCOME IS BELOW 185% 17 OF THE FEDERAL POVERTY GUIDELINES. 18 (5) BEHAVIORAL HEALTH SERVICES. ALL AVAILABLE 19 INTERGOVERNMENTAL TRANSFER FUNDS APPROPRIATED TO AUGMENT 20 APPROPRIATIONS, INCLUDING PRIOR YEAR CARRYOVER FUNDS, SHALL 21 BE SPENT PRIOR TO COMMONWEALTH FUNDS. 22 (6) COUNTY CHILDREN AND YOUTH PROGRAMS. THE FOLLOWING 23 SHALL APPLY: 24 (I) NO MORE THAN 50% OF FUNDS ALLOCATED FROM THE 25 STATE APPROPRIATION FOR COUNTY CHILDREN AND YOUTH 26 PROGRAMS TO EACH COUNTY SHALL BE EXPENDED UNTIL EACH 27 COUNTY SUBMITS TO THE DEPARTMENT DATA FOR THE PRIOR STATE 28 FISCAL YEAR, AND UPDATED QUARTERLY, ON THE UNDUPLICATED 29 CASELOADS, UNDUPLICATED SERVICES AND NUMBER OF 30 CASEWORKERS BY COUNTY PROGRAM. DATA SHALL BE SUBMITTED IN 20070H1295B2349 - 71 -
1 A FORM ACCEPTABLE TO THE DEPARTMENT. A COPY OF THE DATA 2 SHALL BE SENT TO THE CHAIRMAN AND MINORITY CHAIRMAN OF 3 THE APPROPRIATIONS COMMITTEE OF THE SENATE AND TO THE 4 CHAIRMAN AND THE MINORITY CHAIRMAN OF THE APPROPRIATIONS 5 COMMITTEE OF THE HOUSE OF REPRESENTATIVES. 6 (II) REIMBURSEMENT FOR CHILDREN AND YOUTH SERVICES 7 MADE PURSUANT TO SECTION 704.1 OF THE ACT OF JUNE 13, 8 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE CODE, 9 SHALL NOT EXCEED THE AMOUNT OF STATE FUNDS APPROPRIATED. 10 IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT COUNTIES DO 11 NOT EXPERIENCE ANY ADVERSE FISCAL IMPACT DUE TO THE 12 DEPARTMENT'S MAXIMIZATION EFFORTS. 13 (7) TANF TRANSITION. FUNDS APPROPRIATED FOR CHILD 14 WELFARE TANF TRANSITION MAY BE DISBURSED BY THE DEPARTMENT IN 15 ACCORDANCE WITH SECTION 205 OF THE PUBLIC WELFARE CODE AS ONE 16 TIME GRANTS TO COUNTY CHILDREN AND YOUTH AGENCIES. THE 17 DEPARTMENT SHALL UTILIZE GUIDELINES ADOPTED IN CONSULTATION 18 WITH THE COUNTY COMMISSIONERS ASSOCIATION OF PENNSYLVANIA TO 19 GOVERN ELIGIBILITY FOR A GRANT AND THE NATURE AND EXTENT OF 20 OTHER UNFUNDED CHILD WELFARE EXPENDITURES FOR WHICH GRANTS 21 MAY BE USED. THE MAXIMUM ONE TIME TRANSITION GRANT TO A 22 COUNTY IN FISCAL YEAR 2007-2008 MAY BE LESS THAN BUT SHALL 23 NOT EXCEED THE AMOUNT SPECIFIED IN A COUNTY'S "STATE 24 TRANSITION GRANT" REVENUE LINE AS REFLECTED IN THE FISCAL 25 YEAR 2007-2008 PROPOSED ALLOCATION FOR STATE TRANSITION GRANT 26 LETTER FROM THE DEPARTMENT OF PUBLIC WELFARE TO THE SECRETARY 27 OF THE BUDGET DATED JULY 14, 2007. 28 (8) BEHAVIORAL HEALTH SERVICES TRANSITION. THE 29 DEPARTMENT, UPON APPROVAL OF THE SECRETARY, MAY TRANSFER 30 FEDERAL AND STATE FUNDS APPROPRIATED FOR BEHAVIORAL HEALTH 20070H1295B2349 - 72 -
1 SERVICES TRANSITION TO COUNTIES TO PROVIDE FOR CHILDREN AND 2 YOUTH PROGRAMS, CHILD ABUSE AND NEGLECT PREVENTION OR MEDICAL 3 ASSISTANCE CAPITATION. 4 (9) COMMUNITY-BASED FAMILY CENTERS. NO FUNDS 5 APPROPRIATED FOR COMMUNITY-BASED FAMILY CENTERS MAY BE 6 CONSIDERED AS PART OF THE BASE FOR CALCULATION OF THE COUNTY 7 CHILD WELFARE NEEDS-BASED BUDGET FOR A FISCAL YEAR. 8 SECTION 1730-F. DEPARTMENT OF REVENUE. 9 (RESERVED). 10 SECTION 1731-F. DEPARTMENT OF STATE. 11 (RESERVED). 12 SECTION 1732-F. DEPARTMENT OF TRANSPORTATION. 13 (RESERVED). 14 SECTION 1733-F. PENNSYLVANIA STATE POLICE. 15 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 16 PENNSYLVANIA STATE POLICE FROM THE GENERAL APPROPRIATION ACT: 17 (1) DURING FISCAL YEAR 2007-2008, THE PENNSYLVANIA STATE 18 POLICE MAY NOT CLOSE A BARRACKS UNTIL THE PENNSYLVANIA STATE 19 POLICE CONDUCT A PUBLIC HEARING AND PROVIDE 30 DAYS' NOTICE, 20 WHICH SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN AND IN 21 AT LEAST TWO LOCAL NEWSPAPERS. 22 (2) (RESERVED). 23 SECTION 1734-F. STATE CIVIL SERVICE COMMISSION. 24 (RESERVED). 25 SECTION 1735-F. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY. 26 THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY SHALL PROVIDE 27 SEMIANNUAL REPORTS OF ALL GRANTS AWARDED BY PENNSYLVANIA 28 EMERGENCY MANAGEMENT AGENCY FROM FEDERAL DISASTER ASSISTANCE OR 29 RELIEF FUNDS, HOMELAND SECURITY AND DEFENSE FUNDS, AVIAN 30 FLU/PANDEMIC PREPAREDNESS OR OTHER PUBLIC HEALTH EMERGENCY FUNDS 20070H1295B2349 - 73 -
1 TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS 2 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN 3 OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES. 4 THE REPORTS SHALL INCLUDE INFORMATION RELATING TO THE ENTITY 5 RECEIVING GRANT MONEY FROM THE PENNSYLVANIA EMERGENCY MANAGEMENT 6 AGENCY, INCLUDING THE NAME AND ADDRESS OF THE ENTITY, THE AMOUNT 7 OF THE GRANT, THE DATE OF ISSUANCE AND THE PURPOSE OF THE GRANT. 8 REPORTS SHALL BE SUBMITTED ON OR BEFORE AUGUST 15 OF EACH YEAR 9 FOR GRANTS AWARDED DURING THE PERIOD FROM JANUARY 1 THROUGH JUNE 10 30 AND ON OR BEFORE FEBRUARY 15 OF EACH YEAR FOR GRANTS AWARDED 11 DURING THE PERIOD FROM JULY 1 THROUGH DECEMBER 31. 12 SECTION 1736-F. PENNSYLVANIA FISH AND BOAT COMMISSION. 13 (RESERVED). 14 SECTION 1737-F. STATE SYSTEM OF HIGHER EDUCATION. 15 (RESERVED). 16 SECTION 1738-F. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE 17 AGENCY. 18 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 19 PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY FROM THE GENERAL 20 APPROPRIATION ACT: 21 (1) MAXIMIZATION OF FUNDS. THE PENNSYLVANIA HIGHER 22 EDUCATION ASSISTANCE AGENCY SHALL USE FUNDS APPROPRIATED FOR 23 MATCHING PAYMENTS FOR STUDENT AID FUNDS TO MAXIMIZE THE 24 RECEIPT OF FEDERAL FUNDS TO THE FULLEST EXTENT POSSIBLE. 25 (2) LIMITATION. NO COLLEGE, UNIVERSITY OR INSTITUTION 26 RECEIVING A DIRECT APPROPRIATION FROM THE COMMONWEALTH SHALL 27 BE ELIGIBLE TO PARTICIPATE IN THE INSTITUTIONAL ASSISTANCE 28 GRANTS PROGRAM. 29 (3) AGRICULTURAL LOAN FORGIVENESS. IN DISTRIBUTING FUNDS 30 APPROPRIATED FOR AGRICULTURAL LOAN FORGIVENESS, THE AGENCY 20070H1295B2349 - 74 -
1 SHALL GIVE PREFERENCE TO RENEWAL APPLICANTS. 2 SECTION 1739-F. PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION. 3 (RESERVED). 4 SECTION 1740-F. PENNSYLVANIA INFRASTRUCTURE INVESTMENT 5 AUTHORITY. 6 (RESERVED). 7 SECTION 1741-F. ENVIRONMENTAL HEARING BOARD. 8 (RESERVED). 9 SECTION 1742-F. PENNSYLVANIA BOARD OF PROBATION AND PAROLE. 10 THE FOLLOWING SHALL APPLY TO THE APPROPRIATION FOR THE 11 PENNSYLVANIA BOARD OF PROBATION AND PAROLE FROM THE GENERAL 12 APPROPRIATION ACT: 13 (1) WORK PERFORMED UNDER THE DRUG OFFENDERS' WORK 14 PROGRAM APPROPRIATION FOR THE BOARD SHALL IN NO CASE REPLACE 15 JOBS PROTECTED BY A COLLECTIVE BARGAINING UNIT. 16 (2) (RESERVED). 17 SECTION 1743-F. PENNSYLVANIA PUBLIC TELEVISION NETWORK 18 COMMISSION. 19 (RESERVED). 20 SECTION 1744-F. PENNSYLVANIA SECURITIES COMMISSION. 21 (RESERVED). 22 SECTION 1745-F. STATE TAX EQUALIZATION BOARD. 23 (RESERVED). 24 SECTION 1746-F. HEALTH CARE COST CONTAINMENT COUNCIL. 25 THE HEALTH CARE COST CONTAINMENT COUNCIL SHALL SUBMIT A 26 REPORT TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE 27 APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRMAN AND 28 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE 29 OF REPRESENTATIVES SPECIFYING THE AMOUNT AND SOURCE OF PROCEEDS 30 RECEIVED FROM THE SALE OF DATA BY THE COUNCIL. PROCEEDS RECEIVED 20070H1295B2349 - 75 -
1 FROM THE SALE SHALL BE DEPOSITED IN THE GENERAL FUND AND SHALL 2 NOT BE EXPENDED UNLESS APPROPRIATED BY THE GENERAL ASSEMBLY. THE 3 REPORT SHALL SUPPLEMENT THE ANNUAL REPORT OF FINANCIAL 4 EXPENDITURES REQUIRED UNDER SECTION 17.1 OF THE ACT OF JULY 8, 5 1986 (P.L.408, NO.89), KNOWN AS THE HEALTH CARE COST CONTAINMENT 6 ACT. 7 SECTION 1747-F. STATE ETHICS COMMISSION. 8 (RESERVED). 9 SECTION 1748-F. STATE EMPLOYEES' RETIREMENT SYSTEM. 10 (RESERVED). 11 SECTION 1749-F. THADDEUS STEVENS COLLEGE OF TECHNOLOGY. 12 (RESERVED). 13 SECTION 1750-F. PENNSYLVANIA HOUSING FINANCE AGENCY. 14 (RESERVED). 15 SECTION 1751-F. LIHEABG. 16 (RESERVED). 17 SECTION 1752-F. BUDGET STABILIZATION RESERVE FUND. 18 (RESERVED). 19 SUBARTICLE C 20 LEGISLATIVE DEPARTMENT 21 (RESERVED) 22 SUBARTICLE D 23 JUDICIAL DEPARTMENT 24 SECTION 1781-F. SUPREME COURT. 25 (A) ADMINISTRATIVE OFFICE.--FUNDS APPROPRIATED FOR THE 26 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS MAY BE USED FOR THE 27 OPERATION OF THE PENNSYLVANIA BOARD OF LAW EXAMINERS. FUNDS 28 PROVIDED TO THE BOARD SHALL BE REPAID IN FULL TO THE OFFICE, 29 WITHOUT INTEREST OR CHARGES, FROM REVENUES OF THE BOARD. 30 (B) COUNTY COURT ADMINISTRATORS.--NO FUNDS FROM ANY 20070H1295B2349 - 76 -
1 APPROPRIATION OTHER THAN THE APPROPRIATION FOR COUNTY COURT 2 ADMINISTRATORS FOR THE UNIFIED JUDICIAL SYSTEM MAY BE USED TO 3 SUPPLEMENT PAYMENTS TO COUNTY COURT ADMINISTRATORS. 4 SECTION 1782-F. SUPERIOR COURT. 5 (RESERVED). 6 SECTION 1783-F. COMMONWEALTH COURT. 7 (RESERVED). 8 SECTION 1784-F. COURTS OF COMMON PLEAS. 9 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE COURTS OF 10 COMMON PLEAS IN THE GENERAL APPROPRIATION ACT. 11 (1) NO PAYMENT MAY BE MADE FROM THE APPROPRIATION FOR 12 SALARIES AND EXPENSES OF COURTS OF COMMON PLEAS JUDGES FOR 13 PRINTING, POSTAGE, TELEPHONE OR SUPPLIES. 14 (2) NO PAYMENT MAY BE MADE FOR EXPENSES OF ANY KIND 15 RELATING TO EDUCATION. 16 SECTION 1785-F. COMMUNITY COURTS; MAGISTERIAL DISTRICT JUDGES. 17 ALL OF THE FOLLOWING APPLY TO THE APPROPRIATION IN THE 18 GENERAL APPROPRIATION ACT FOR SALARIES AND EXPENSES OF COMMUNITY 19 COURT JUDGES AND MAGISTERIAL DISTRICT JUDGES: 20 (1) EXCEPT FOR PRINTING COSTS RELATED TO 42 PA.C.S. § 21 3532 (RELATING TO EXPENSES), NO OTHER COSTS FOR PRINTING, 22 POSTAGE, TELEPHONE OR SUPPLIES MAY BE PAID FOR FROM THE 23 APPROPRIATION. 24 (2) NO EXPENSES OF ANY KIND RELATING TO EDUCATION MAY BE 25 PAID FOR FROM THE APPROPRIATION. 26 SECTION 1786-F. PHILADELPHIA TRAFFIC COURT. 27 (RESERVED). 28 SECTION 1787-F. PHILADELPHIA MUNICIPAL COURT. 29 (RESERVED). 30 SECTION 1788-F. JUDICIAL CONDUCT BOARD. 20070H1295B2349 - 77 -
1 (RESERVED). 2 SECTION 1789-F. COURT OF JUDICIAL DISCIPLINE. 3 (RESERVED). 4 SECTION 1790-F. JUROR COST REIMBURSEMENT. 5 (RESERVED). 6 SECTION 1791-F. COUNTY COURT REIMBURSEMENT. 7 COUNTY COURT REIMBURSEMENTS SHALL BE AS FOLLOWS: 8 (1) REIMBURSEMENT TO COUNTIES FOR COSTS INCURRED IN THE 9 ADMINISTRATION AND OPERATION OF COURTS OF COMMON PLEAS SHALL 10 BE PAID AS FOLLOWS: 11 (I) FOR EACH COMMON PLEAS COURT JUDGE, FILLED OR 12 VACANT, $70,000 PER AUTHORIZED POSITION. 13 (II) JUDICIAL DISTRICTS COMPRISING MORE THAN ONE 14 COUNTY SHALL RECEIVE $70,000 PER AUTHORIZED POSITION. THE 15 AMOUNT PAYABLE TO EACH COUNTY SHALL BE DETERMINED BY THE 16 PROPORTION OF THE COUNTY'S POPULATION IN RELATION TO THE 17 POPULATION OF THE ENTIRE JUDICIAL DISTRICT. 18 (III) NO COUNTY SHALL BE REIMBURSED FOR COSTS ABOVE 19 THE ACTUAL DIRECT COSTS, EXCLUDING CAPITAL OUTLAYS, 20 INCURRED TO OPERATE THE COURTS OF COMMON PLEAS. 21 (IV) NO COUNTY SHALL RECEIVE LESS THAN 77.5% OF THE 22 ACTUAL REIMBURSEMENT FOR COURT COSTS APPROPRIATED IN 23 FISCAL YEAR 1980-1981. 24 (V) REIMBURSEMENT SHALL BE MADE TO THE COUNTY 25 TREASURER AND, IN CITIES OF THE FIRST CLASS COTERMINOUS 26 WITH COUNTIES OF THE FIRST CLASS, TO THE CITY TREASURER. 27 (2) (RESERVED). 28 SECTION 1792-F. SENIOR JUDGES. 29 (A) HEALTH BENEFITS.--SUBJECT TO SUBSECTION (B), 30 APPROPRIATIONS FOR THE SUPERIOR COURT, COMMONWEALTH COURT, 20070H1295B2349 - 78 -
1 COURTS OF COMMON PLEAS, COMMUNITY COURTS, MAGISTERIAL DISTRICT 2 JUDGES, THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA 3 TRAFFIC COURT MAY BE USED TO PAY FOR HEALTH BENEFITS FOR SENIOR 4 JUDGES WORKING AS ACTIVE OR SENIOR JUDGES FOR A MINIMUM OF 75 5 DAYS IN THE PRIOR CALENDAR YEAR. 6 (B) LIMITATION.--SENIOR JUDGES OF THE COURTS OF COMMON PLEAS 7 SHALL NOT BE ASSIGNED UNLESS ADEQUATE FUNDS ARE APPROPRIATED TO 8 PROVIDE COMPENSATION. A SENIOR JUDGE ASSIGNED IN EXCESS OF 9 EXISTING APPROPRIATIONS SHALL BE COMPENSATED FROM THE 10 APPROPRIATION FOR THE SUPREME COURT. 11 SECTION 1793-F. TRANSFER OF FUNDS BY SUPREME COURT. 12 THE SUPREME COURT MAY TRANSFER TO THE JUDICIAL DEPARTMENT 13 DURING THE FISCAL YEAR FUNDS APPROPRIATED IN SECTIONS 281, 282, 14 283, 284, 285, 286, 287, 290 AND 291 OF THE GENERAL 15 APPROPRIATION ACT AMONG ANY OF THE LINE ITEMS CONTAINED WITHIN 16 THOSE SECTIONS. IN ORDER TO AVOID A DEFICIT IN ANY LINE ITEMS IN 17 THOSE SECTIONS, THE SUPREME COURT MAY ALSO TRANSFER FUNDS 18 DEPOSITED INTO THE JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT 19 TO ANY LINE ITEMS IN THOSE SECTIONS. THE SUPREME COURT MAY ALSO 20 TRANSFER EXCESS FUNDS APPROPRIATED IN THOSE SECTIONS TO THE 21 JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT DURING THE MONTH 22 OF JUNE 2008. IF THE SUPREME COURT MAKES A TRANSFER UNDER THIS 23 SECTION, THE SUPREME COURT SHALL GIVE WRITTEN NOTIFICATION TO 24 THE SECRETARY AND CHAIRMAN AND MINORITY CHAIRMAN OF THE 25 APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRMAN AND 26 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE 27 OF REPRESENTATIVES TEN DAYS PRIOR TO ANY TRANSFER. THIS SECTION 28 SHALL NOT APPLY TO THE APPROPRIATION IN SECTION 291 OF THE 29 GENERAL APPROPRIATION ACT FOR GUN COURTS. 30 ARTICLE XVII-G 20070H1295B2349 - 79 -
1 2007-2008 RESTRICTIONS ON APPROPRIATIONS 2 FOR FUNDS AND ACCOUNTS 3 SECTION 1701-G. APPLICABILITY. 4 EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE 5 APPLIES TO THE GENERAL APPROPRIATION ACT OF 2007. 6 SECTION 1702-G. STATE LOTTERY FUND. 7 (1) FUNDS APPROPRIATED FOR PENNCARE SHALL NOT BE 8 UTILIZED FOR ADMINISTRATIVE COSTS BY THE DEPARTMENT OF AGING. 9 (2) (RESERVED). 10 SECTION 1703-G. ENERGY CONSERVATION AND ASSISTANCE FUND. 11 NO LESS THAN 75% OF THE APPROPRIATION FOR ENERGY CONSERVATION 12 PROGRAMS UNDER THE ACT OF JULY 10, 1986 (P.L.1398, NO.122), 13 KNOWN AS THE ENERGY CONSERVATION AND ASSISTANCE ACT, SHALL BE 14 USED FOR PROGRAMS LISTED AS PRIORITIES IN SECTION 7(B) OF THE 15 ENERGY CONSERVATION AND ASSISTANCE ACT. 16 SECTION 1704-G. JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT. 17 THE SUPREME COURT AND THE COURT ADMINISTRATOR OF PENNSYLVANIA 18 ARE PROHIBITED FROM AUGMENTING THE AMOUNT APPROPRIATED TO THE 19 JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT BY BILLINGS TO 20 OTHER APPROPRIATIONS TO THE JUDICIAL BRANCH FOR THE STATEWIDE 21 JUDICIAL COMPUTER SYSTEM OR FOR ANY OTHER PURPOSE. 22 SECTION 1705-G. EMERGENCY MEDICAL SERVICES OPERATING FUND. 23 (RESERVED). 24 SECTION 1706-G. STATE STORES FUND. 25 (RESERVED). 26 SECTION 1707-G. MOTOR LICENSE FUND. 27 (RESERVED). 28 SECTION 1708-G. HAZARDOUS MATERIAL RESPONSE FUND. 29 (RESERVED). 30 SECTION 1709-G. MILK MARKETING FUND. 20070H1295B2349 - 80 -
1 (RESERVED). 2 SECTION 1710-G. HOME INVESTMENT TRUST FUND. 3 (RESERVED). 4 SECTION 1711-G. TUITION PAYMENT FUND. 5 (RESERVED). 6 SECTION 1712-G. BANKING DEPARTMENT FUND. 7 (RESERVED). 8 SECTION 1713-G. FIREARM RECORDS CHECK FUND. 9 (RESERVED). 10 SECTION 1714-G. BEN FRANKLIN TECHNOLOGY DEVELOPMENT AUTHORITY 11 FUND. 12 FUNDS ALLOCATED FROM THE APPROPRIATION FOR THE BEN FRANKLIN 13 CENTERS FOR FISCAL YEAR 2007-2008 SHALL NOT BE LESS THAN THE 14 ALLOCATION FOR FISCAL YEAR 2006-2007. 15 SECTION 1715-G. TOBACCO SETTLEMENT FUND. 16 (A) DEPOSITS.-- 17 (1) NOTWITHSTANDING SECTIONS 303(B)(3) AND (4) AND 306 18 OF THE ACT OF JUNE 26, 2001 (P.L.755, NO.77), KNOWN AS THE 19 TOBACCO SETTLEMENT ACT, THE FOLLOWING SHALL APPLY: 20 (I) FOR FISCAL YEAR 2007-2008, $14,033,000 OF THE 21 FUNDS DERIVED UNDER SECTION 303(B)(3) OF THE TOBACCO 22 SETTLEMENT ACT SHALL BE DEPOSITED INTO THE TOBACCO 23 SETTLEMENT FUND. THIS SUBPARAGRAPH INCLUDES $2,783,000 24 DEPOSITED IN THE FUND UNDER SECTION 1715-C(A)(1)(I) BUT 25 NOT APPROPRIATED IN THE ACT OF JULY 2, 2006 (P.L. 26 NO.2A), KNOWN AS THE GENERAL APPROPRIATION ACT OF 2006. 27 (II) FOR FISCAL YEAR 2007-2008, $48,062,000 OF THE 28 FUNDS DERIVED UNDER SECTION 303(B)(4) OF THE TOBACCO 29 SETTLEMENT ACT SHALL BE DEPOSITED INTO THE FUND. THIS 30 SUBPARAGRAPH INCLUDES $8,062,000 DEPOSITED IN THE FUND 20070H1295B2349 - 81 -
1 UNDER SECTION 1715-C(A)(1)(I) BUT NOT APPROPRIATED IN THE 2 GENERAL APPROPRIATION ACT OF 2006. 3 (III) FOR FISCAL YEAR 2007-2008, ONE-FOURTH OF THE 4 MONEY APPROPRIATED UNDER SECTION 306(B)(1)(III) OF THE 5 TOBACCO SETTLEMENT ACT MAY NOT BE EXPENDED, TRANSFERRED 6 OR LAPSED BUT SHALL REMAIN IN THE FUND. 7 (IV) FOR FISCAL YEAR 2007-2008, ONE-THIRD OF THE 8 MONEY APPROPRIATED UNDER SECTION 306(B)(1)(VI) OF THE 9 TOBACCO SETTLEMENT ACT MAY NOT BE EXPENDED, TRANSFERRED 10 OR LAPSED BUT SHALL REMAIN IN THE FUND. 11 (2) MONEY DEPOSITED INTO THE FUND UNDER PARAGRAPH (1) 12 SHALL BE APPROPRIATED FOR HEALTH-RELATED PURPOSES. IF 13 APPLICABLE, THE AMOUNT APPROPRIATED UNDER THIS PARAGRAPH 14 SHALL BE MATCHED BY APPROPRIATED FEDERAL AUGMENTING FUNDS. 15 (B) ALLOCATION.--FUNDING FOR LOCAL PROGRAMS UNDER SECTION 16 708(B) OF THE ACT OF JUNE 26, 2001 (P.L.755, NO.77), KNOWN AS 17 THE TOBACCO SETTLEMENT ACT, SHALL BE ALLOCATED AS FOLLOWS: 18 (1) THIRTY PERCENT OF GRANT FUNDING TO PRIMARY 19 CONTRACTORS FOR LOCAL PROGRAMS SHALL BE ALLOCATED EQUALLY 20 AMONG EACH OF THE 67 COUNTIES. 21 (2) THE REMAINING 70% OF GRANT FUNDING TO PRIMARY 22 CONTRACTORS FOR LOCAL PROGRAMS SHALL BE ALLOCATED ON A PER 23 CAPITA BASIS OF EACH COUNTY WITH A POPULATION GREATER THAN 24 60,000. THE PER CAPITA FORMULA SHALL BE APPLIED ONLY TO THAT 25 PORTION OF THE POPULATION THAT IS GREATER THAN 60,000 FOR 26 EACH COUNTY. 27 (3) BUDGETS SHALL BE DEVELOPED BY EACH PRIMARY 28 CONTRACTOR TO REFLECT SERVICE PLANNING AND EXPENDITURES IN 29 EACH COUNTY. EACH PRIMARY CONTRACTOR WILL ENSURE THAT 30 SERVICES ARE AVAILABLE TO RESIDENTS OF EACH COUNTY AND MUST 20070H1295B2349 - 82 -
1 EXPEND THE ALLOCATED FUNDS ON A PER-COUNTY BASIS PURSUANT TO 2 PARAGRAPHS (1) AND (2). 3 (4) THE DEPARTMENT OF HEALTH SHALL COMPILE A DETAILED 4 ANNUAL REPORT OF EXPENDITURES PER COUNTY AND THE SPECIFIC 5 PROGRAMS OFFERED IN EACH REGION. THIS REPORT SHALL BE MADE 6 AVAILABLE ON THE DEPARTMENT OF HEALTH'S PUBLICLY AVAILABLE 7 INTERNET WEBSITE 60 DAYS FOLLOWING THE CLOSE OF EACH FISCAL 8 YEAR. 9 (5) DURING THE THIRD QUARTER OF THE FISCAL YEAR, FUNDS 10 WHICH HAVE NOT BEEN SPENT WITHIN A SERVICE AREA MAY BE 11 REALLOCATED TO SUPPORT PROGRAMMING IN THE SAME REGION. 12 SECTION 1716-G. COMMUNITY HEALTH REINVESTMENT RESTRICTED 13 ACCOUNT. 14 (A) ESTABLISHMENT.--THERE IS ESTABLISHED IN THE STATE 15 TREASURY A RESTRICTED RECEIPTS ACCOUNT IN THE TOBACCO SETTLEMENT 16 FUND TO BE KNOWN AS THE COMMUNITY HEALTH REINVESTMENT RESTRICTED 17 ACCOUNT. INTEREST EARNED ON MONEY IN THE ACCOUNT SHALL REMAIN IN 18 THE ACCOUNT. 19 (B) AGREEMENT ON COMMUNITY HEALTH REINVESTMENT.--EACH 20 CALENDAR YEAR, A CORPORATION UNDER 40 PA.C.S. CH. 61 (RELATING 21 TO HOSPITAL PLAN CORPORATIONS) OR 63 (RELATING TO PROFESSIONAL 22 HEALTH SERVICES PLAN CORPORATIONS) THAT IS A PARTY TO THE 23 AGREEMENT ON COMMUNITY HEALTH REINVESTMENT ENTERED INTO FEBRUARY 24 2, 2005, BY THE INSURANCE DEPARTMENT AND THE CAPITAL BLUE CROSS, 25 HIGHMARK, INC., HOSPITAL SERVICE ASSOCIATION OF NORTHEASTERN 26 PENNSYLVANIA AND INDEPENDENCE BLUE CROSS, AND PUBLISHED IN THE 27 PENNSYLVANIA BULLETIN AT 35 PA.B. 4155 (JULY 23, 2005), SHALL 28 PAY TO THE ACCOUNT THE AMOUNT CALCULATED FOR SUCH CALENDAR YEAR 29 IN SECTION 5 OF THE AGREEMENT, PUBLISHED AT 35 PA.B. 4156. 30 (C) APPROPRIATION.--THE MONEY IN THE ACCOUNT, INCLUDING ALL 20070H1295B2349 - 83 -
1 INTEREST EARNED, IS APPROPRIATED TO THE INSURANCE DEPARTMENT TO 2 BE USED IN ACCORDANCE WITH THE AGREEMENT ON COMMUNITY HEALTH 3 REINVESTMENT DESCRIBED IN SUBSECTION (B). 4 SECTION 1717-G. HEALTH CARE PROVIDER RETENTION ACCOUNT. 5 (RESERVED). 6 SECTION 1718-G. (RESERVED). 7 SECTION 1719-G. RESTRICTED RECEIPT ACCOUNTS. 8 (A) GENERAL PROVISIONS.--THE SECRETARY MAY CREATE RESTRICTED 9 RECEIPT ACCOUNTS FOR THE PURPOSE OF ADMINISTERING FEDERAL GRANTS 10 ONLY FOR THE PURPOSES DESIGNATED IN THIS SECTION. 11 (B) DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT.--THE 12 FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 13 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT: 14 (1) ARC HOUSING REVOLVING LOAN PROGRAM. 15 (2) (RESERVED). 16 (C) DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.--THE 17 FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 18 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES: 19 (1) FEDERAL AID TO VOLUNTEER FIRE COMPANIES. 20 (2) FEDERAL LAND AND WATER CONSERVATION FUND ACT. 21 (3) NATIONAL FOREST RESERVE ALLOTMENT. 22 (4) FEDERAL LAND AND WATER CONSERVATION FUND ACT - 23 CONSERVATION AND NATURAL RESOURCES. 24 (D) DEPARTMENT OF EDUCATION.--THE FOLLOWING RESTRICTED 25 RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF 26 EDUCATION: 27 (1) EDUCATION OF THE DISABLED - PART C. 28 (2) LSTA - LIBRARY GRANTS. 29 (3) THE PENNSYLVANIA STATE UNIVERSITY FEDERAL AID. 30 (4) EMERGENCY IMMIGRATION EDUCATION ASSISTANCE. 20070H1295B2349 - 84 -
1 (5) EDUCATION OF THE DISABLED - PART D. 2 (6) HOMELESS ADULT ASSISTANCE PROGRAM. 3 (7) SEVERELY HANDICAPPED. 4 (8) MEDICAL ASSISTANCE REIMBURSEMENTS TO LOCAL EDUCATION 5 AGENCIES. 6 (E) DEPARTMENT OF ENVIRONMENTAL PROTECTION.--THE FOLLOWING 7 RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 8 DEPARTMENT OF ENVIRONMENTAL PROTECTION: 9 (1) FEDERAL WATER RESOURCES PLANNING ACT. 10 (2) FLOOD CONTROL PAYMENTS. 11 (3) SOIL AND WATER CONSERVATION ACT - INVENTORY OF 12 PROGRAMS. 13 (F) DEPARTMENT OF HEALTH.--THE FOLLOWING RESTRICTED RECEIPT 14 ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF HEALTH: 15 (1) SHARE LOAN PROGRAM. 16 (2) (RESERVED). 17 (G) DEPARTMENT OF TRANSPORTATION.--THE FOLLOWING RESTRICTED 18 RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF 19 TRANSPORTATION: 20 (1) CAPITAL ASSISTANCE ELDERLY AND HANDICAPPED PROGRAMS. 21 (2) RAILROAD REHABILITATION AND IMPROVEMENT ASSISTANCE. 22 (3) RIDESHARING/VAN POOL PROGRAM - ACQUISITION. 23 (H) PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.--THE FOLLOWING 24 RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 25 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY: 26 (1) RECEIPTS FROM FEDERAL GOVERNMENT - DISASTER RELIEF - 27 DISASTER RELIEF ASSISTANCE TO STATE AND POLITICAL 28 SUBDIVISIONS. 29 (2) (RESERVED). 30 (I) PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION.--THE 20070H1295B2349 - 85 -
1 FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 2 PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION: 3 (1) FEDERAL GRANT - NATIONAL HISTORIC PRESERVATION ACT 4 (PUBLIC LAW 89-665, 80 STAT. 915). 5 (2) (RESERVED). 6 (J) EXECUTIVE OFFICES.--THE FOLLOWING RESTRICTED RECEIPT 7 ACCOUNTS MAY BE ESTABLISHED FOR THE EXECUTIVE OFFICES: 8 (1) RETIRED EMPLOYEES MEDICARE PART D. 9 (2) JUSTICE ASSISTANCE. 10 (3) JUVENILE ACCOUNTABILITY INCENTIVE. 11 SECTION 1720-G. STATE GAMING FUND. 12 (A) DEDUCTION OF CERTAIN APPROPRIATIONS.--NOTWITHSTANDING 13 THE PROVISIONS OF SECTION 504(C)(1) OF THE ACT OF JUNE 27, 2006 14 (1ST SP.SESS., P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF 15 ACT, FUNDS APPROPRIATED TO THE PENNSYLVANIA GAMING CONTROL BOARD 16 FROM THE STATE GAMING FUND SHALL BE DEDUCTED FROM THE AMOUNT 17 TRANSFERRED TO THE PROPERTY TAX RELIEF RESERVE FUND UNDER 18 SECTION 504(B) OF THE TAXPAYER RELIEF ACT AND LOANED TO THE 19 PENNSYLVANIA GAMING CONTROL BOARD FOR PAYMENT OF THE BOARD'S 20 ADMINISTRATIVE AND OPERATING EXPENSES FOR THE FISCAL YEAR 21 COMMENCING JULY 1, 2007. FUNDS LOANED TO THE BOARD UNDER THIS 22 SECTION SHALL BE REPAID FROM THE ACCOUNTS ESTABLISHED UNDER 4 23 PA.C.S. § 1401 (RELATING TO SLOT MACHINE LICENSEE DEPOSITS) IN 24 ACCORDANCE WITH SUBSECTION (B). 25 (B) ASSESSMENT FOR REPAYMENT.--NOTWITHSTANDING THE 26 PROVISIONS OF 4 PA.C.S. § 1901.1 (RELATING TO REPAYMENTS TO 27 STATE GAMING FUND), THE PENNSYLVANIA GAMING CONTROL BOARD SHALL 28 ASSESS SLOT MACHINE LICENSEES FOR REPAYMENT OF FUNDS TRANSFERRED 29 AND LOANED TO THE BOARD UNDER SUBSECTION (A) FROM THE STATE 30 GAMING FUND IN ACCORDANCE WITH 4 PA.C.S. § 1402 (RELATING TO 20070H1295B2349 - 86 -
1 GROSS TERMINAL REVENUE DEDUCTIONS) FOR REPAYMENT TO THE PROPERTY 2 TAX RELIEF RESERVE FUND AT SUCH TIME AS AT LEAST 11 SLOT MACHINE 3 LICENSES HAVE BEEN ISSUED AND 11 SLOT MACHINE LICENSES HAVE BEEN 4 ISSUED AND 11 LICENSED GAMING ENTITIES HAVE COMMENCED THE 5 OPERATION OF SLOT MACHINES. THE BOARD SHALL ADOPT A REPAYMENT 6 SCHEDULE THAT ASSESSES TO EACH SLOT MACHINE LICENSEE COSTS FOR 7 THE REPAYMENT OF AMOUNTS APPROPRIATED UNDER THIS SECTION IN AN 8 AMOUNT THAT IS PROPORTIONAL TO EACH SLOT MACHINE LICENSEE'S 9 GROSS TERMINAL REVENUE. 10 (C) PROPERTY TAX RELIEF.-- 11 (1) NOTWITHSTANDING THE PROVISIONS OF SECTION 504 OF THE 12 TAXPAYER RELIEF ACT, UNTIL THE LOAN TO THE PENNSYLVANIA 13 GAMING CONTROL BOARD UNDER SUBSECTION (A) IS REPAID, THE 14 SECRETARY OF THE BUDGET IS AUTHORIZED TO PROVIDE FOR PROPERTY 15 TAX RELIEF UNDER SECTION 503(D) OF THE TAXPAYER RELIEF ACT, 16 REGARDLESS OF WHETHER THE AMOUNT DEPOSITED IN THE PROPERTY 17 TAX RELIEF RESERVE FUND IS LESS THAN REQUIRED BY SECTION 504 18 OF THE TAXPAYER RELIEF ACT. 19 (2) NOTWITHSTANDING THE PROVISIONS OF 4 PA.C.S. § 20 1901.1, BEGINNING JANUARY 1, 2011, IF THE SECRETARY OF THE 21 BUDGET DETERMINES THAT THE MONEYS IN THE PROPERTY TAX RELIEF 22 RESERVE FUND ARE NEEDED FOR PROPERTY TAX RELIEF, THE 23 SECRETARY SHALL NOTIFY THE PENNSYLVANIA GAMING CONTROL BOARD 24 AND UPON NOTIFICATION, THE BOARD SHALL IMMEDIATELY ASSESS 25 EACH SLOT MACHINE LICENSEE FOR THE REPAYMENT OF THE LOAN IN 26 AN AMOUNT THAT IS PROPORTIONAL TO EACH SLOT MACHINE 27 LICENSEE'S GROSS TERMINAL REVENUE. 28 (D) OTHER APPROPRIATIONS SOLELY FROM ASSESSMENT.-- 29 (1) ALL FUNDS FOR THE OPERATION OF THE PENNSYLVANIA 30 STATE POLICE, DEPARTMENT OF REVENUE AND ATTORNEY GENERAL ARE 20070H1295B2349 - 87 -
1 APPROPRIATED SOLELY FROM AN ASSESSMENT ON GROSS TERMINAL 2 REVENUE FROM ACCOUNTS UNDER 4 PA.C.S. § 1401 IN AN AMOUNT 3 EQUAL TO THAT APPROPRIATED BY THE GENERAL ASSEMBLY FOR FISCAL 4 YEAR 2007-2008. THE PENNSYLVANIA STATE POLICE, ATTORNEY 5 GENERAL OR DEPARTMENT OF REVENUE SHALL NOT ASSESS ANY CHARGE, 6 FEE, COST OF OPERATIONS OR OTHER PAYMENT FROM A LICENSED 7 GAMING ENTITY IN EXCESS OF AMOUNTS APPROPRIATED FOR FISCAL 8 YEAR 2007-2008, UNLESS SPECIFICALLY AUTHORIZED BY LAW. 9 (2) THIS SUBSECTION SHALL NOT APPLY TO ANY VOLUNTARY 10 PAYMENT MADE BY A NEW SLOT MACHINE LICENSEE IN ACCORDANCE 11 WITH SIMILAR PAYMENTS VOLUNTARILY MADE BY EXISTING LICENSEES. 12 SECTION 5. REPEALS ARE AS FOLLOWS: 13 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER 14 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF 15 ARTICLE XV-A OF THE ACT. 16 (2) THE ACT OF SEPTEMBER 26, 1961 (P.L.1661, NO.692), 17 KNOWN AS THE STATE EMPLOYES GROUP LIFE INSURANCE LAW, IS 18 REPEALED. 19 (3) THE GENERAL ASSEMBLY DECLARES THAT THE REPEALS UNDER 20 PARAGRAPH (4) ARE NECESSARY TO EFFECTUATE THE ADDITION OF 21 SECTION 1508 OF THE ACT. 22 (4) THE PROVISIONS OF 35 PA.C.S. §§ 7307 AND 7705(C) ARE 23 REPEALED. 24 SECTION 6. THE ADDITION OF ARTICLE XV-A OF THE ACT IS A 25 CONTINUATION OF THE ACT OF SEPTEMBER 26, 1961 (P.L.1661, 26 NO.692), KNOWN AS THE STATE EMPLOYES GROUP LIFE INSURANCE LAW. 27 EXCEPT AS OTHERWISE PROVIDED UNDER ARTICLE XV-A, ALL ACTIVITIES 28 INITIATED UNDER THE STATE EMPLOYES GROUP LIFE INSURANCE LAW 29 SHALL CONTINUE AND REMAIN IN FULL FORCE AND EFFECT AND MAY BE 30 COMPLETED UNDER ARTICLE XV-A. ORDERS, REGULATIONS, RULES AND 20070H1295B2349 - 88 -
1 DECISIONS WHICH WERE MADE UNDER THE STATE EMPLOYES GROUP LIFE 2 INSURANCE LAW AND WHICH ARE IN EFFECT ON THE EFFECTIVE DATE OF 3 SECTION 1.1 OF THIS ACT SHALL REMAIN IN FULL FORCE AND EFFECT 4 UNTIL REVOKED, VACATED OR MODIFIED UNDER ARTICLE XV-A. 5 CONTRACTS, OBLIGATIONS AND COLLECTIVE BARGAINING AGREEMENTS 6 ENTERED INTO UNDER THE STATE EMPLOYES GROUP LIFE INSURANCE LAW 7 ARE NOT AFFECTED NOR IMPAIRED BY THE REPEAL OF THE STATE 8 EMPLOYES GROUP LIFE INSURANCE LAW. 9 SECTION 7. THE AMENDMENT OF SECTION 1737-B OF THE ACT SHALL 10 APPLY RETROACTIVELY TO JULY 1, 2006. 11 SECTION 8. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. D27L32BIL/20070H1295B2349 - 89 -