Regular Session 2017-2018 House Bill 2451 P.N. 3584

PRINTER'S NO. 3584

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2451

Session of

2018

INTRODUCED BY ZIMMERMAN, B. MILLER, CUTLER, GROVE, WARD, FEE,

GREINER, BARRAR, CORR, RADER, RYAN, SCHEMEL, DIAMOND, KLUNK,

JAMES, COX, BLOOM, MOUL, HEFFLEY, MENTZER, PICKETT, MALONEY,

DUSH, ROAE, PHILLIPS-HILL, A. HARRIS, IRVIN, CAUSER,

WHEELAND, SAYLOR, KEEFER, SIMMONS, NELSON, KNOWLES, WARNER,

METCALFE AND COOK, MAY 30, 2018

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 30, 2018

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 cancer control, prevention and

research, for ambulatory surgical center data collection and

for the Joint Underwriting Association, providing for the

settlement, assessment, collection, and lien of taxes, bonus,

and all other accounts due the Commonwealth, the collection

and recovery of fees and other money or property due or

belonging to the Commonwealth, or any agency thereof,

including escheated property and the proceeds of its sale,

the custody and disbursement or other disposition of funds

and securities belonging to or in the possession of the

Commonwealth, and the settlement of claims against the

Commonwealth, the resettlement of accounts and appeals to the

courts, refunds of moneys erroneously paid to the

Commonwealth, auditing the accounts of the Commonwealth and

all agencies thereof, of all public officers collecting

moneys payable to the Commonwealth, or any agency thereof,

and all receipts of appropriations from the Commonwealth,

authorizing the Commonwealth to issue tax anticipation notes

to defray current expenses, implementing the provisions of

section 7(a) of Article VIII of the Constitution of

Pennsylvania authorizing and restricting the incurring of

certain debt and imposing penalties; affecting every

department, board, commission, and officer of the State

government, every political subdivision of the State, and

certain officers of such subdivisions, every person,

association, and corporation required to pay, assess, or

collect taxes, or to make returns or reports under the laws

imposing taxes for State purposes, or to pay license fees or

other moneys to the Commonwealth, or any agency thereof,

every State depository and every debtor or creditor of the

Commonwealth," in Treasury Department, further providing for

funds.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 302 of the act of April 9, 1929 (P.L.343,

No.176), known as The Fiscal Code, is amended to read:

Section 302. Funds.--(a) The moneys paid into the State

Treasury, and the moneys of which the State Treasurer is

custodian, shall be credited by the Treasury Department to the

following funds, as hereinafter provided:

Agricultural College Land Scrip Fund,

Banking [Department] Fund,

Federal Vocational Education Fund,

Fire Insurance Tax Fund,

Fish Fund,

Game Fund,

General Fund,

Liquid Fuels Tax Fund,

Manufacturing Fund,

Motor License Fund,

School Employes' Retirement Fund,

Sinking Fund,

State College Experimental Farm Fund,

State Employes' Retirement Fund,

State Farm Products Show Fund,

State Insurance Fund,

State School Fund,

State [Workmen's] Workers' Insurance Fund,

Surplus Commodities Stamp Fund,

Historical Preservation Fund,

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Vocational Rehabilitation Fund,

Rehabilitation Center Fund.

1. Agricultural College Land Scrip Fund.--The $500,000

derived from the sale of lands and scrip, donated to the

Commonwealth for the establishment of a college for the benefit

of agriculture and the mechanical arts by the act of Congress,

approved July second, one thousand eight hundred sixty-two

(Chapter one hundred thirty, twelve Statutes, five hundred

three), entitled "An act donating public lands to the several

states and territories which may provide colleges for the

benefit of agriculture and the mechanic arts," or the

investments representing the same, shall be credited by the

Treasury Department to the Agricultural College Land Scrip Fund.

2. Banking [Department] Fund.--All moneys received by the

Treasury Department from the Department of Revenue, arising from

fees, assessments, charges, and penalties, collected or

recovered from persons, firms, corporations, or associations,

under the supervision of the Department of Banking and

Securities, and from the sale by the Department of [Property and

Supplies] General Services of unserviceable property originally

paid for out of the Banking [Department] Fund, shall be credited

to the Banking [Department] Fund.

4. Federal Vocational Education Fund.--All moneys received

by the Treasury Department from the Department of Revenue

arising from annual appropriations from the Federal Government

to this Commonwealth for the advancement of vocational

education, shall be credited to the Federal Vocational Education

Fund.

5. Fire Insurance Tax Fund.--All moneys received by the

Treasury Department from the Department of Revenue arising from

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the two per centum tax paid upon premiums received by foreign

fire insurance companies from business done within this

Commonwealth, shall be credited to the Fire Insurance Tax Fund.

6. Fish Fund.--All moneys received by the Treasury

Department from the Department of Revenue arising from license

fees, fines, penalties, and other moneys paid, received,

recovered, and collected, under the fish laws, and from the sale

by the Department of [Property and Supplies] General Services of

unserviceable property originally paid for out of the Fish Fund,

shall be credited to the Fish Fund.

7. Game Fund.--All moneys received by the Treasury

Department from the Department of Revenue arising from license

fees, fines, penalties, and other moneys paid, received,

recovered, and collected, under the game laws, and from the sale

by the Department of [Property and Supplies] General Services of

unserviceable property originally paid for out of the Game Fund,

shall be credited to the Game Fund.

8. General Fund.--All moneys received by the Treasury

Department from the Department of Revenue, or from any other

source, which are not by this act required to be credited to any

other fund, shall be credited to the General Fund.

9. Liquid Fuels Tax Fund.--That portion of the liquid fuels

tax received by the Treasury Department from the Department of

Revenue, which is directed by law to be returned to the

counties, shall be credited to the Liquid Fuels Tax Fund.

10. Manufacturing Fund.--All moneys received by the Treasury

Department from the Department of Revenue arising from the

industries established and maintained by the Department of

[Justice] Corrections in State institutions, and from the

employment of inmates in maintenance activities, and from the

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sale by the Department of [Property and Supplies] General

Services of unserviceable property originally paid for out of

the Manufacturing Fund, shall be credited to the Manufacturing

Fund.

11. Motor License Fund.--All moneys received by the Treasury

Department from the Department of Revenue arising from title

registration and license fees, fines, penalties, bail forfeited,

and other miscellaneous receipts, collected or recovered under

the motor laws; from the collection of any portion of the Liquid

Fuels Tax, not directed by law to be returned to the counties;

from contributions by the Federal Government and political

subdivisions of this Commonwealth for the improvement,

maintenance, and rebuilding of highways within this

Commonwealth; from the sale of highway bulletins and maps; from

the sale by the Department of [Property and Supplies] General

Services of unserviceable State property originally paid for out

of the Motor License Fund; from fees for permits authorizing

work on State or township highways and restoration charges,

license fees for occupancy of bridges, restoration charges and

payments on agreements to which the Commonwealth has succeeded

upon taking over county bridges; from amounts received from

utility companies covering the cost of constructing facilities

over or rentals for the use of bridges; from forfeited checks,

fees for certifying records of the Department of [Highways]

Transportation, amounts recovered for damage to or loss of

equipment of said department, rentals for equipment of said

department, liquidated damages on highway contracts; and from

tolls collected on intrastate toll bridges, acquired by the

Commonwealth, and paid for out of the Motor License Fund,--shall

be credited to the Motor License Fund.

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12. School Employes' Retirement Fund.--All moneys in the

School Employes' Contingent Reserve Fund, the School Employes'

Annuity Reserve Fund, the School Employes' State Annuity Reserve

Fund, and the School Employes; State Annuity Reserve Fund Number

Two, shall, upon the effective date of this act, be consolidated

into one fund, to be known as the School Employes' Retirement

Fund, and thereafter the Treasury Department shall credit to the

School Employes' Retirement Fund all moneys received by it from

the Department of Revenue, arising from (a) payments by the

Commonwealth of such amounts, certified by the School Employes'

Retirement Board as necessary to pay the State annuity to each

new entrant in the School Employes' Retirement System, (b)

deductions from the salaries of contributors in the School

Employes' Retirement System, and (c) payments by the

Commonwealth of amounts necessary to accumulate a reserve to pay

all State annuity payments to present employes when due.

13. Sinking Fund.--All moneys received by the Treasury

Department from the Department of Revenue arising from State

appropriations to meet State road bond sinking fund

requirements, shall be credited to the Sinking Fund. The sum of

one hundred forty-one thousand three hundred twenty dollars and

twenty-six cents ($141,320.26), which is necessary for the

payment of bonds and obligations of the Commonwealth which have

never been presented for redemption, shall continue to be

credited to the Sinking Fund.

14. State College Experimental Farm Fund.--All moneys

derived from the sale of eastern and western experimental farms

of State College, which were originally purchased from Federal

moneys appropriated by the act of Congress, approved July

second, one thousand eight hundred sixty-two (Chapter one

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hundred thirty, twelve Statutes, five hundred three), entitled

"An act donating lands to the several states and territories

which may provide colleges for the benefit of agriculture and

the mechanic arts," or the investments representing the same,

shall be credited to the State College Experimental Farm Fund.

15. State Employes' Retirement Fund.--All moneys in the

State Employes' Contingent Reverse Fund, the State Employes'

Annuity Reserve Fund, the State Employes' Annuity Savings Fund,

the State Employes' State Annuity Reserve Fund, and the State

Employes' State Annuity Reserve Fund Number Two, shall, upon the

effective date of this act, be consolidated into one fund to be

known as the State Employes' Retirement Fund, and thereafter the

Treasury Department shall credit to the State Employes'

Retirement Fund all moneys received by it from the Department of

Revenue, arising from (a) payments by the Commonwealth of such

amounts, certified by the retirement board as necessary to

provide a proper reserve to pay the State annuity to all new

members in the State Employes' Retirement System, (b) deductions

from the salaries of contributors in the State Employes'

Retirement System, and (c) payments by the Commonwealth of

amounts necessary to accumulate a reserve to meet the annuity

values of all retiring original members in the State Employes'

Retirement System.

16. State Farm Products Show Fund.--All moneys received by

the Treasury Department from the Department of Revenue, arising

from the leasing or sub-leasing, by the State Farm Products Show

Commission, of space to exhibitors, including the departments,

boards, and commissions of the State Government, the leasing of

the State Farm Show Building for exhibitions, conventions, or

other proper purposes, admission and entry fees, and any other

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moneys received or collected by the Department of Revenue as

agent for the State Farm Products Show Commission, shall be

credited to the State Farm Products Show Fund.

17. State Insurance Fund.--All moneys appropriated from the

General Fund, or any other fund, to the State Insurance Fund,

shall be credited to the State Insurance Fund.

18. State School Fund.--All moneys received by the Treasury

Department from all real estate owned by this Commonwealth which

is not used for State or other public purposes, from all

escheated estates in this Commonwealth, and from all other

property or money which shall in any way accrue to such fund,

whether by devise, gift, or otherwise, shall be credited to the

State School Fund.

19. State [Workmen's] Workers' Insurance Fund.--All moneys

received by the Treasury Department from the Department of

Revenue arising from the collection of premiums on policies

issued by the State [Workmen's] Workers' Insurance Board, and

from the sale by the Department of [Property and Supplies]

General Services of unserviceable property originally paid for

out of the State [Workmen's] Workers' Insurance Fund, shall be

credited to the State [Workmen's] Workers' Insurance Fund.

21. Surplus Commodities Stamp Fund.--All moneys received by

the Treasury Department from the Department of Revenue arising

from appropriations by the several counties, cities, boroughs,

incorporated towns and townships for participation in the

Federal Surplus Commodities Stamp plans, all receipts and

proceeds resulting from the sale of Federal Surplus Commodities

Stamps, and all moneys received from insurance covering losses

of such stamps or the proceeds from the sale of such stamps

shall be credited to the Surplus Commodities Stamp Fund.

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22. Historical Preservation Fund.--All moneys received by

the Treasury Department from the Department of Revenue arising

from the sale by the Department of [Property and Supplies]

General Services of publications of the Pennsylvania Historical

and Museum Commission, and all moneys received from admission

fees to historical buildings, shall be credited to the

Historical Preservation Fund.

23. Vocational Rehabilitation Fund.--All moneys received by

the Treasury Department from the Department of Revenue, arising

from moneys received from the Federal Government and from moneys

contributed by the Commonwealth of Pennsylvania for vocational

rehabilitation services and from all other moneys received as a

result of vocational rehabilitation services or for the

promotion of vocational rehabilitation services, shall be

credited to the Vocational Rehabilitation Fund.

24. Rehabilitation Center Fund.--All moneys received by the

Treasury Department from the Department of Revenue, arising from

fees for services rendered by the Rehabilitation Center at

Johnstown, or from other income received by the Center, shall be

credited to the Rehabilitation Center Fund.

(b) All moneys in the State Treasury, and in the possession

of the State Treasurer as custodian, upon the effective date of

this act, shall be credited to the funds to which they would be

credited if thereafter received, and the Treasury Department

shall notify the Department of Revenue and the Department of the

Auditor General of the balances in each fund as of such date.

agency, and all administrative fines and penalties assessed and

collected by a Commonwealth agency for violations and acts

subject to the enforcement authority of the Commonwealth agency

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regarding activities of the regulated entity that require

regulatory approval, shall, upon receipt, be immediately

deposited into the General Fund.

(2) A fee, administrative fine or penalty collected under

this section shall only be used for expenditures as authorized

by an act of the General Assembly enacted after the effective

date of this subsection.

(3) As used in this subsection,

"Application" shall mean a submission to a Commonwealth

Agency by an applicant for:

(1) A new permit.

(2) A permit renewal.

(3) A permit amendment.

(4) A permit modification.

(5) A permit transfer.

(6) A change of ownership of a permit.

"Commonwealth agency" shall mean the following State agencies

or their successors:

(1) The Department of Environmental Protection of the

Commonwealth.

(2) The Department of Health of the Commonwealth.

(3) The Department of Labor and Industry of the

Commonwealth.

(4) The Department of Human Services of the Commonwealth.

(5) The Department of Revenue of the Commonwealth.

"Fee" shall mean money payable to the Commonwealth for the

purchase of a good or service, the issuance of a registration,

certification, permit or license, the performance of an

inspection or the filing of any legal paper, except for money

paid for the purchase of surplus property.

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"Permit" shall mean an authorization issued by a Commonwealth

agency that approves the performance of an activity under the

Commonwealth agency's jurisdiction. The term includes an

authorization permit, a plan approval and a registration under a

general permit.

"Regulated entity" shall mean an individual, person,

organization or corporation that engages in an activity in this

Commonwealth that requires regulatory approval by a Commonwealth

agency.

"Regulatory approval" shall mean the approval, clearance or

other authorization of or recognition by a Commonwealth agency

for:

(1) A permit.

(2) An application.

(3) A license.

(4) A certificate, excluding any certificate which is issued

solely for personal use.

(5) The payment of taxes.

Section 2. All acts and parts of acts are repealed insofar

as they are inconsistent with the addition of section 302(c) of

the act.

Section 3. This act shall take effect July 1, 2018.

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