1Amending Titles 24 (Education) and 42 (Judiciary and Judicial
2Procedure) of the Pennsylvania Consolidated Statutes,
3establishing the First Class School Districts Fund; and, in
4forfeitures, further providing for controlled substances
5forfeiture.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Title 24 of the Pennsylvania Consolidated
9Statutes is amended by adding a chapter to read:

10CHAPTER 31

11PUBLIC SCHOOL FUNDING

12Sec.

133101. First Class School Districts Fund.

14§ 3101. First Class School Districts Fund.

15(a) Establishment.--There is hereby established in the State
16Treasury a fund to be known as the First Class School Districts
17Fund. The State Treasurer shall be custodian of the fund.

18(b) Fund administration and distribution.--The fund shall
19consist of an account for each school district and shall be

1administered by the department. All moneys allocated to an
2account within the fund shall be received by the department and
3paid to the State Treasurer to be credited to the proper account
4within the fund. Moneys credited to an account within the fund
5shall be at all times property of the respective school district
6and shall be distributed as provided in this section.

7(c) Regulations.--The department may promulgate regulations
8on the administration of the fund.

9(d) Disbursement to school district.--At the beginning of
10each fiscal year, the State Treasurer shall disburse to a school
11district under this chapter the total amount of moneys which are
12contained in the account for the school district within the
13fund.

14(e) Annual report.--A detailed report of the expenditure of
15moneys received under this section by a school district shall be
16made annually to the General Assembly and the School Reform
17Commission of the school district.

18(f) Definitions.--As used in this section, the following
19words and phrases shall have the meanings given to them in this
20subsection unless the context clearly indicates otherwise:

21"Department." The Department of Revenue of the Commonwealth.

22"Fund." The First Class School Districts Fund established by
23this section.

24"School district." A school district of the first class
25coterminous with a city of the first class.

26Section 2. Section 6801(e), (f), (h) and (k) of Title 42 are
27amended to read:

28§ 6801. Controlled substances forfeiture.

29* * *

30(e) Use of property held in custody.--Whenever property is

1forfeited under this chapter, the property shall be transferred
2to the custody of the district attorney, if the law enforcement
3authority seizing the property has local or county jurisdiction,
4or the Attorney General, if the law enforcement authority
5seizing the property has Statewide jurisdiction. The district
6attorney or the Attorney General, where appropriate, may:

7(1) Retain the property for official use.

8(2) Sell any forfeited property which is not required to
9be destroyed by law and which is not harmful to the public,
10but the proceeds from any such sale shall, except in cities 
11of the first class where all proceeds collected under this 
12section shall be deposited into the First Class School 
13Districts Fund provided under 24 Pa.C.S. § 3101 (relating to 
14First Class School Districts Fund), be used to pay all proper
15expenses of the proceedings for forfeiture and sale,
16including expenses of seizure, maintenance of custody,
17advertising and court costs. The balance of the proceeds
18shall be dealt with in accordance with subsections (f) and
19(g).

20(f) Use of cash or proceeds of property.--

21(1) Cash or proceeds of forfeited property transferred
22to the custody of the district attorney pursuant to
23subsection (e) shall be placed in the operating fund of the
24county in which the district attorney is elected. The
25appropriate county authority shall immediately release from
26the operating fund, without restriction, a like amount for
27the use of the district attorney enforcing the provisions of
28The Controlled Substance, Drug, Device and Cosmetic Act. The
29entity having budgetary control shall not anticipate future
30forfeitures or proceeds therefrom in adoption and approval of

1the budget for the district attorney.

2(2) Cash or proceeds of forfeited property in cities of
3the first class shall be deposited into the First Class
4School Districts Fund provided under 24 Pa.C.S. § 3101.

5* * *

6(h) Authorization to utilize property.--[The] Except for 
7proceeds collected in cities of the first class where all 
8proceeds collected under this section shall be deposited into 
9the First Class School Districts Fund, provided under 24 Pa.C.S. 
10§ 3101, the district attorney and the Attorney General shall
11utilize forfeited property or proceeds thereof for the purpose
12of enforcing the provisions of The Controlled Substance, Drug,
13Device and Cosmetic Act. In appropriate cases, the district
14attorney and the Attorney General may designate proceeds from
15forfeited property to be utilized by community-based drug and
16crime-fighting programs and for relocation and protection of
17witnesses in criminal cases.

18* * *

19(k) Proceeds and appropriations.--[The] Except for proceeds 
20collected in cities of the first class where all proceeds 
21collected under this section shall be deposited into the First 
22Class School Districts Fund, provided under 24 Pa.C.S. § 3101, 
23the proceeds or future proceeds from forfeited property under 
24this chapter shall be in addition to any appropriation made to 
25the Office of Attorney General.

26Section 3. This act shall take effect in 60 days.