PRINTER'S NO. 314
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
183
Session of
2015
INTRODUCED BY DiGIROLAMO, PASHINSKI, HARKINS, DAVIS, COHEN,
KINSEY, BROWNLEE, SCHLOSSBERG, MURT, ACOSTA, DeLUCA,
LONGIETTI, GODSHALL, BOBACK, SABATINA AND DEAN,
FEBRUARY 3, 2015
REFERRED TO COMMITTEE ON HUMAN SERVICES, FEBRUARY 3, 2015
AN ACT
Amending the act of April 9, 1929 (P.L.343, No.176), entitled,
as amended, "An act relating to the finances of the State
government; providing for the settlement, assessment,
collection, and lien of taxes, bonus, and all other accounts
due the Commonwealth, the collection and recovery of fees and
other money or property due or belonging to the Commonwealth,
or any agency thereof, including escheated property and the
proceeds of its sale, the custody and disbursement or other
disposition of funds and securities belonging to or in the
possession of the Commonwealth, and the settlement of claims
against the Commonwealth, the resettlement of accounts and
appeals to the courts, refunds of moneys erroneously paid to
the Commonwealth, auditing the accounts of the Commonwealth
and all agencies thereof, of all public officers collecting
moneys payable to the Commonwealth, or any agency thereof,
and all receipts of appropriations from the Commonwealth,
authorizing the Commonwealth to issue tax anticipation notes
to defray current expenses, implementing the provisions of
section 7(a) of Article VIII of the Constitution of
Pennsylvania authorizing and restricting the incurring of
certain debt and imposing penalties; affecting every
department, board, commission, and officer of the State
government, every political subdivision of the State, and
certain officers of such subdivisions, every person,
association, and corporation required to pay, assess, or
collect taxes, or to make returns or reports under the laws
imposing taxes for State purposes, or to pay license fees or
other moneys to the Commonwealth, or any agency thereof,
every State depository and every debtor or creditor of the
Commonwealth," providing for county-based human services
funds; and repealing provisions of the Public Welfare Code
relating to the Human Services Block Grant Pilot Program.
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The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.343, No.176), known
as The Fiscal Code, is amended by adding an article to read:
ARTICLE XVII-P
COUNTY-BASED HUMAN SERVICES FUNDS
Section 1701-P. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"County-based human services." Programs approved by the
Department of Human Services and provided by county governments
through direct or contracted services, supportive services and
service coordination. The term includes services designed to
meet service needs of the following:
(1) Individuals in need of behavioral health services,
including, but not limited to, mental health services.
(2) Individuals with intellectual disabilities.
(3) Individuals in need of drug and alcohol treatment
services.
(4) Individuals who are homeless or at immediate risk of
becoming homeless.
(5) Delinquent children and dependent children as
defined in 42 Pa.C.S. § 6302 (relating to definitions).
(6) Low-income adults eligible to receive services under
the act of October 5, 1994 (P.L.531, No.78), known as the
Human Services Development Fund Act.
(7) Older individuals as provided for under section
2206-A of the act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, and eligible to receive
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services under the Human Services Development Fund Act.
"Department." The Department of Human Services of the
Commonwealth.
"Human service category." One of the seven types of county-
based human services enumerated in the definition of county-
based human services.
"Human services funds." Funds allocated to county
governments to provide locally identified county-based human
services that will meet the service needs of county residents.
The term shall include all of the following:
(1) The following State funds allocated for a fiscal
year:
(i) Funds allocated to counties under the act of
October 5, 1994 (P.L.531, No.78), known as the Human
Services Development Fund Act.
(ii) Funds allocated to counties for mental health
and intellectual disability services under the act of
October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as
the Mental Health and Intellectual Disability Act of
1966.
(iii) Funds allocated to counties for behavioral
health services.
(iv) Funds allocated to counties for drug and
alcohol services under section 2334 of the act of April
9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929.
(v) Funds allocated to counties for the provision of
services to the homeless.
(vi) Funds allocated to county child welfare
agencies as certain additional grants under section
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704.1(b) of the act of June 13, 1967 (P.L.31, No.21),
known as the Public Welfare Code.
(2) Federal funds allocated to a county for a fiscal
year which are associated with the funds identified under
paragraph (1).
"Surplus human services funds." Human services funds which
remain unexpended and unencumbered by a county government for a
human service category at the end of the fiscal year in which
funds for the human service category have been allocated.
Section 1702-P. Use of surplus human services funds.
(a) General rule.--For a period of 90 days following the end
of a fiscal year, surplus human services funds shall continue to
be used by a county government to help defray the costs of
provision of one or more human service categories that are
different from the human service category for which the funds
had initially been allocated in the fiscal year if:
(1) the costs for the human service category were
incurred or expended by the county government prior to the
end of the fiscal year; and
(2) the county will use the surplus human services funds
subject to all of the requirements of the funding source for
the different human service category or categories for which
the county government intends to use the funds.
(b) Notification.--Subsection (a) shall apply to a county
government that has notified the department and the Department
of Drug and Alcohol Programs in writing at least 10 days prior
to the end of the fiscal year that it intends to use surplus
human services funds as provided under subsection (a) and how it
intends to use the funds.
Section 1703-P. Powers and duties of department and the
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Department of Drug and Alcohol Programs.
(a) Department.--
(1) From funds appropriated to the department for the
programs set forth under paragraph (1) of the definition of
human services funds, make each of the allocations described
in paragraph (1) of the definition of human services funds.
(2) With respect to surplus human services funds
allocated as described in paragraph (1)(i), (ii), (v) and
(vi) of the definition of human services funds in section
1701-P as well as the portion of surplus human services funds
allocated as described in paragraph (1)(iii) of the
definition of human services funds in section 1701-P for
services other than drug and alcohol programs, the department
shall have the power and duty to:
(i) Monitor county governments' administration of
surplus human services funds to ensure compliance with
applicable Federal and State requirements.
(ii) Provide technical support and assistance to
counties.
(iii) Monitor, inspect or audit the financial,
operating and accounting records of any county agency or
contracted entity that receives any surplus human
services funds if deemed necessary by the department.
(iv) Withhold, recover or reduce any surplus human
services funds determined to have been spent or disbursed
in violation of Federal or State requirements.
(v) Establish procedures for the submission, review
and approval process of plans for the expenditure of
surplus human services funds.
(vi) Prepare and submit by January 1, 2016, and by
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November 30 each year thereafter, a report to the
chairman and minority chairman of the Public Health and
Welfare Committee of the Senate, the chairman and
minority chairman of the Appropriations Committee of the
Senate, the chairman and minority chairman of the Health
Committee of the House of Representatives, the chairman
and minority chairman of the Human Services Committee of
the House of Representatives and the chairman and
minority chairman of the Appropriations Committee of the
House of Representatives of the expenditures of surplus
human services funds by county governments.
(vii) Make available for public inspection and post
on the department's publicly accessible Internet website
the annual report under subparagraph (vi).
(viii) Promulgate regulations as may be necessary to
carry out its obligations under this section.
(b) Department of Drug and Alcohol Programs.--With respect
to surplus human services funds allocated as described in
paragraph (1)(iv) of the definition of human services funds in
section 1701-P and the portion of the funds allocated as
described in paragraph (1)(iii) of the definition of human
services funds in section 1701-P for drug and alcohol programs,
the Department of Drug and Alcohol Programs and the department
shall jointly perform the duties enumerated under subsection (a)
(2).
Section 1704-P. Powers and duties of counties.
The local county officials of each county government
proposing to use surplus human services funds under this article
shall have the power and duty to:
(1) Administer and disburse surplus human services funds
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for the provision of county-based human services in
accordance with this article, regulations promulgated under
section 1703-P and Federal requirements.
(2) Provide the notice required under section 1702-P(b).
(3) Submit reports required by law other than this
article with respect to human services funds allocated to the
counties.
Section 1705-P. County obligation.
Counties shall have no financial obligation to provide
county-based human services in excess of their allocation of
human services funds for any fiscal year.
Section 1706-P. Appeals.
A county agency or contracted entity aggrieved by a
determination by the department or the Department of Drug and
Alcohol Programs made under section 17 03-P may file a request
for a review with the department's Bureau of Hearings and
Appeals, which shall have exclusive jurisdiction. The procedures
and requirements of 2 Pa.C.S. Ch. 5 Subch. A (relating to
practice and procedure of Commonwealth agencies) and 1 Pa. Code
Pt. II (relating to general rules of administrative practice and
procedure) shall apply to requests for review filed under this
section.
Section 1707-P. Construction.
(a) Federal money.--This article shall be construed so as to
maintain and not decrease or limit the eligibility of any person
or facility or the Commonwealth or any political subdivision of
the Commonwealth to receive any Federal assistance, grant or
funds.
(b) Availability of services.--Nothing under this article
shall create or provide an individual with an entitlement to
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services or benefits. Services under this article shall only be
available from county governments to the extent that funds are
appropriated.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
Article XVII-P of the act.
(2) Article XIV-B of the act of June 13, 1967 (P.L.31,
No.21), known as the Public Welfare Code, is repealed.
Section 3. Regulations and parts of regulations that are
inconsistent with Article XVII-P of the act are abrogated.
Section 4. The addition of Article XVII-P of the act shall
apply to surplus human services funds allocated during fiscal
year 2015-2016 and each fiscal year thereafter.
Section 5. This act shall take effect July 1, 2015, or
immediately, whichever is later.
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