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PRINTER'S NO. 4044
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2635
Session of
2020
INTRODUCED BY GROVE AND RYAN, JUNE 29, 2020
REFERRED TO COMMITTEE ON APPROPRIATIONS, JUNE 29, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," providing for COVID-19 emergency liquidity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding an
article to read:
ARTICLE XXVIII-G
COVID-19 EMERGENCY LIQUIDITY
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Section 2801-G. 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:
"Anticipation note." Any of the following issued by the
Commonwealth:
(1) Tax anticipation note.
(2) Tax and revenue anticipation note.
(3) Bond anticipation note.
"Commonwealth agency." An agency or commission of the
executive branch under the policy direction or supervision of
the Governor.
"COVID-19 pandemic." The novel coronavirus as identified in
the proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the state of disaster emergency.
"Program." The Municipal Liquidity Facility Program
established by the United States Federal Reserve under the
Coronavirus Aid, Relief, and Economic Security Act, also known
as the CARES Act.
"Restricted account." An account within the General Fund for
designated purposes or programs created by the General Assembly.
Section 2802-G. Transfer of certain special funds into the
General Fund.
(a) Transfers.--Money in the following special funds and
accounts within the State Treasury shall be transferred by the
State Treasurer into restricted accounts under the same name
within the General Fund:
(1) Agricultural Conservation Easement Purchase Fund.
(2) Conservation District Fund.
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(3) Environmental Education Fund.
(4) Environmental Stewardship Fund.
(5) Hazardous Sites Cleanup Fund.
(6) Historical Preservation Fund.
(7) Industrial Sites Cleanup Fund.
(8) Multimodal Transportation Fund.
(9) Job Training Fund.
(10) Keystone Recreation, Park and Conservation Fund.
(11) Minority Business Development Fund.
(12) Property Tax Relief Fund.
(13) Recycling Fund.
(14) Small Business First Fund.
(15) Housing Affordability and Rehabilitation
Enhancement Fund.
(16) State Treasury Armory Fund.
(17) Substance Abuse Education and Demand Reduction
Fund.
(18) Assessments under section 712 of the act of March
20, 2002 (P.L.154, No.13), known as the Medical Care
Availability and Reduction of Error (Mcare) Act.
(19) Dog Law Restricted Account.
(20) Emergency Medical Services Operating Fund.
(21) The fund created under Chapter 7 of the act of
December 18, 1984 (P.L.1005, No.205), known as the Municipal
Pension Plan Funding Standard and Recovery Act.
(22) Hazardous Sites Cleanup Fund.
(23) Highway Beautification Fund.
(24) Historic Preservation Fund.
(25) Medical Marijuana Program Fund.
(26) Video Gaming Fund.
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(27) 911 Fund.
(28) Unconventional Gas Well Fund.
(29) Education Assistance Program Fund.
(30) Tobacco Settlement Fund.
(31) Marcellus Legacy Fund.
(32) Property Tax Relief Fund.
(33) DNA Detection Fund.
(34) Coal Lands Improvement Fund.
(35) City Revitalization Improvement Fund.
(36) Surface Mining and Conservation Reclamation Fund.
(37) State Stores Fund.
(38) State Gaming Fund.
(39) School Safety and Security Fund.
(40) Racing Fund.
(41) Lottery Fund.
(42) Pennsylvania Race Horse Development Fund.
(43) Pennsylvania Gaming, Economic Development and
Tourism Fund.
(44) Machinery and Equipment Loan Fund.
(45) Non-Coal Surfacing Mining Conservation and
Reclamation Fund.
(46) Neighborhood Improvement Zone Fund.
(47) Farm Product Show Fund.
(48) Fantasy Contest Fund.
(49) Ben Franklin Development Authority Fund.
(b) Additional transfers.--The following shall apply:
(1) The portion of the tax collected by the Commonwealth
under Article II of the act of March 4, 1971 (P.L.6, No.2),
known as the Tax Reform Code of 1971, and transferred to the
Public Transportation Trust Fund established under 74 Pa.C.S.
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ยง 1506 (relating to fund) shall be transferred by the State
Treasurer into a restricted account within the General Fund
under the same name as the fund.
(2) In order to transfer the portion of the money from
the Public Transportation Trust Fund under paragraph (1), the
Department of Revenue shall provide the State Treasurer with
the information of the amount to transfer from the tax
collected by the Commonwealth under Article II of the Tax
Reform Code each month.
(c) Construction.--Nothing in this section shall be
construed to:
(1) Impact or prevent current disbursements from the
funds enumerated under this section by a Commonwealth agency
as provided by law.
(2) Impact or prevent disbursements contractually agreed
to by a Commonwealth agency under a program created through
the funds enumerated under this section.
(d) Reference.--A reference to a fund enumerated under this
section under prior law shall be deemed a reference to the
corresponding restricted account established by this section.
Section 2803-G. Participation in Municipal Liquidity Facility
Program .
(a) General rule.-- The Commonwealth may not participate in
the program until the transfer of special funds under section
2802-G and the Commonwealth uses all available funds in the
restricted accounts for managing the diminished cash flow of the
Commonwealth caused by the COVID-19 pandemic and cash flow
disruptions which resulted from the proclamation of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of
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disaster emergency, and the concurrent business shutdowns and
staff layoffs which followed the disaster emergency .
(b) Issuance of anticipation notes.--Participation in the
program by the Commonwealth shall consist of the issuance of
$3,000,000,000 in anticipation notes for purchase through the
program. Anticipation notes issued and used by the Commonwealth
under the program shall be based on which note will have the
lowest overall cost to the Commonwealth.
(c) Construction.--Funds from anticipation notes issued
under this section shall only be used for the following:
(1) Managing the diminished cash flow of the
Commonwealth caused by the COVID-19 pandemic.
(2) Covering the cost of issuing the anticipation notes
under this section, including any issuance fee associated
with participation in the program.
(3) Purchasing of bonds or anticipation notes issued by
a political subdivision of the Commonwealth.
Section 2. This act shall take effect in 10 days.
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