Regular Session 2021-2022 Senate Bill 0065 P.N. 0041

PRINTER'S NO. 41

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2021

INTRODUCED BY BROWNE, JANUARY 20, 2021

REFERRED TO APPROPRIATIONS, JANUARY 20, 2021

A SUPPLEMENT

To the act of May 29, 2020 (P.L. , No.1A), entitled "An act to

provide appropriations from the General Fund for the expenses

of the Executive, Legislative and Judicial Departments of the

Commonwealth, the public debt and the public schools for the

fiscal year July 1, 2020, to June 30, 2021, and for the

payment of bills incurred and remaining unpaid at the close

of the fiscal year ending June 30, 2020; to provide

appropriations from special funds and accounts to the

Executive and Judicial Departments for the fiscal year July

1, 2020, to June 30, 2021, and for the payment of bills

remaining unpaid at the close of the fiscal year ending June

30, 2020; to provide for the appropriation of Federal funds

to the Executive and Judicial Departments for the fiscal year

July 1, 2020, to June 30, 2021, and for the payment of bills

remaining unpaid at the close of the fiscal year ending June

30, 2020; and to provide for the additional appropriation of

Federal and State funds to the Executive and Judicial

Departments for the fiscal year July 1, 2019, to June 30,

2020, and for the payment of bills incurred and remaining

unpaid at the close of the fiscal year ending June 30, 2019,"

further providing for additional appropriations from the

General Fund for the expenses of the Executive Department for

the fiscal year July 1, 2020, to June 30, 2021.

TABLE OF CONTENTS

PART I. GENERAL PROVISIONS

Section 101. Short title.

Section 102. Definitions.

Section 103. Abbreviations.

Section 104. State appropriations.

Section 105. Federal appropriations.

PART II. ADDITIONAL GENERAL FUND APPROPRIATIONS FOR

CURRENT FISCAL YEAR

SUBPART A. GENERAL PROVISIONS

Section 201. Construction with other appropriation acts.

SUBPART B. EXECUTIVE DEPARTMENT

Section 221. (Reserved).

Section 222. Department of Human Services.

PART LXI. SPECIAL PROVISIONS FOR FEDERAL FUNDS

FOR CURRENT FISCAL YEAR

Section 6101. General Fund repository for Federal funds.

Section 6102. (Reserved).

Section 6103. Appropriation of prior unspent Federal funds.

Section 6104. Subgrants between Federal appropriations.

Section 6105. Utilization of emergency Federal funds.

PART LXXI. MISCELLANEOUS PROVISIONS FOR CURRENT FISCAL YEAR

Section 7101. Prior laws unaffected.

Section 7102. Compliance with other law before funds available.

Section 7103. Contracts prerequisite to encumbering or

committing funds.

Section 7104. Minority business set-asides.

Section 7105. (Reserved).

Section 7106. Lapsing of unused funds.

Section 7107. Construction with prior appropriation acts.

PART LXXXI. MISCELLANEOUS PROVISIONS

Section 8101. Retroactivity.

Section 8102. Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

PART I

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GENERAL PROVISIONS

Section 101. Short title.

This act shall be known and may be cited as the Second

Supplement to the General Appropriation Act of 2020.

Section 102. Definitions.

The definitions in the act of May 29, 2020 (P.L. , No.1A),

known as the General Appropriation Act of 2020, shall apply to

this act.

Section 103. Abbreviations.

The abbreviations in the act of May 29, 2020 (P.L. , No.1A),

known as the General Appropriation Act of 2020, shall apply to

this act.

Section 104. State appropriations.

(a) General Fund.--The sums specified in this act, or as

much thereof as may be necessary, are specifically appropriated

from the General Fund to agencies of the Executive Department of

the Commonwealth for the payment of salaries, wages or other

compensation and travel expenses of the duly elected or

appointed officers and employees of the Commonwealth, for the

payment of fees for contractual services rendered, for the

purchase or rental of goods and services, printing, public

advertising by or through any medium, equipment, land and

buildings and for payment of any other expenses, as provided by

law or by this act, necessary for the proper conduct of the

duties, functions and activities and for the purposes specified

in this act for the current fiscal year.

(b) (Reserved).

Section 105. Federal appropriations.

The Federal appropriations specified in this act, or as much

thereof as may be necessary, are specifically appropriated to

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the agencies of the Executive Department of the Commonwealth

specified in this act for the payment of the expenses of

implementing and carrying out the programs specified in this act

for the current fiscal year. Unless otherwise stated, the

Federal appropriations include any carryovers from the prior

fiscal year.

PART II

ADDITIONAL GENERAL FUND APPROPRIATIONS

FOR CURRENT FISCAL YEAR

SUBPART A

GENERAL PROVISIONS

Section 201. Construction with other appropriation acts.

All appropriations contained in this part from the General

Fund shall be in addition to any appropriation under the act of

May 29, 2020 (P.L. , No.1A), known as the General Appropriation

Act of 2020, and the act of November 23, 2020 (P.L. , No. 17A),

known as the Supplement to the General Appropriation Act of

2020.

SUBPART B

EXECUTIVE DEPARTMENT

Section 221. (Reserved).

Section 222. Department of Human Services.

The following amounts are

appropriated from the General Fund

to the Department of Human

Services for the current fiscal

year: Federal State

The following Federal amounts

are appropriated to supplement the

sum appropriated for intellectual

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disabilities - State centers:

(1) "COVID - Direct Relief to

Providers/State Centers."

Federal appropriation..... 30,000

PART LXI

SPECIAL PROVISIONS FOR FEDERAL FUNDS

FOR CURRENT FISCAL YEAR

Section 6101. General Fund repository for Federal funds.

Money received from the Federal Government as contributions

or supplements to the departments or agencies of the

Commonwealth or the programs provided in this act shall be paid

into the General Fund.

Section 6102. (Reserved).

Section 6103. Appropriation of prior unspent Federal funds.

(a) General rule.--Federal moneys that have been previously

appropriated by the General Assembly and authorized or allocated

by the Federal Government but remain unspent from the prior

fiscal year or previous fiscal years and will not be renewed for

the current fiscal year are appropriated.

(b) Department of Human Services.--The Federal

appropriations to the Department of Human Services include any

prior earnings that may be received during the current fiscal

year. In addition to the amounts specifically appropriated in

this act to the Department of Human Services, all money

appropriated from the Federal Government during a previous

fiscal year which are expected to be received as reimbursements

may be carried forward until the close of the current fiscal

year to the extent that obligations are carried forward. In

addition, reimbursements actually received to support the

obligations may also be carried forward.

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Section 6104. Subgrants between Federal appropriations.

Subgrants may be made between Federal appropriations without

further approval of the General Assembly. The Secretary of the

Budget shall submit a list of subgrants to the chair and

minority chair of the Appropriations Committee of the Senate and

the chair and minority chair of the Appropriations Committee of

the House of Representatives quarterly. No subgrant to a State

agency, however, may be made from a restricted receipt account

without a specific appropriation by the General Assembly.

Section 6105. Utilization of emergency Federal funds.

(a) Natural disasters and civil disobedience.--Federal funds

available for costs and damages resulting from natural disasters

or civil disobedience may be added to an appropriation contained

in this act or to funds otherwise appropriated or may be used

for the purposes prescribed by the Federal Government.

(b) Other emergencies.--In addition to the money

appropriated by this act, money received from the Federal

Government for the purpose of disaster assistance or relief, or

other money received as a direct result of terrorist acts, money

for homeland security and defense and money for avian flu shall

be paid into the General Fund and are appropriated out of the

General Fund to the departments, boards, commissions or agencies

designated by the Governor.

(d) Federal funding related to COVID-19 and the impact of

COVID-19.--The following apply to funds received from the

Federal Government for assistance with the response to the

COVID-19 pandemic and the economic impact of the COVID-19

pandemic:

(1) For Federal funds which are required by Federal law

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to be allocated to a specific program which is in existence

prior to the effective date of this section, the Federal

funds are hereby appropriated to the program.

(2) For Federal funds which are required by Federal law

to be allocated by the Commonwealth according to a formula

mandated by Federal law, the Federal funds are hereby

appropriated for allocation according to the formula.

(3) All other Federal funds under this subsection shall

be deposited in the COVID-19 Response Restricted Account and

shall only be used upon appropriation by the General

Assembly.

PART LXXI

MISCELLANEOUS PROVISIONS FOR

CURRENT FISCAL YEAR

Section 7101. Prior laws unaffected.

This act is not intended to be inconsistent with or to repeal

any provision of any act enacted at this or any prior session of

the General Assembly regulating the purchase of supplies, the

ordering of printing and binding, the purchase, maintenance and

use of motor vehicles, the method of making payments from the

State Treasury for any purpose or the functioning of any

administrative department, board or commission.

Section 7102. Compliance with other law before funds available.

No appropriation made by this act to any department, board,

commission or agency of the Executive Department shall be

available unless and until the department, board, commission or

agency has complied with sections 615 and 616 of the act of

April 9, 1929 (P.L.177, No.175), known as The Administrative

Code of 1929.

Section 7103. Contracts prerequisite to encumbering or

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committing funds.

Funds available to agencies, boards, departments, commissions

or other governmental entities under this act for the

procurement of supplies, services or construction shall not be

available for payment of or to be committed to or encumbered for

payment of the procurement unless and until the agency, board,

department or other governmental entity has complied with all of

the requirements applicable to the procurement that are

specified in 62 Pa.C.S. (relating to procurement) and in the

policies, procedures and regulations instituted in accordance

with 62 Pa.C.S.

Section 7104. Minority business set-asides.

(a) Duty to report.--Each department or other

instrumentality of the Commonwealth listed in Subpart B of Part

II authorized to contract for buildings, highways, commodities,

equipment, supplies or services shall report to the General

Assembly all information pertinent to anticipated procurement

needs at the beginning of each quarter during a fiscal year.

(b) Definition.--As used in this section, the term "minority

business" means a minority business enterprise as defined in the

act of July 22, 1974 (P.L.598, No.206), known as the

Pennsylvania Minority Business Development Authority Act.

Section 7105. (Reserved).

Section 7106. Lapsing of unused funds.

(a) General rule.--Except as otherwise provided by law or by

this section, that part of all appropriations in this act

unexpended, uncommitted or unencumbered as of the close of the

current fiscal year shall automatically lapse as of that day.

(b) (Reserved).

PART LXXXI

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MISCELLANEOUS PROVISIONS

Section 8101. Retroactivity.

This act shall be retroactive to July 1, 2020.

Section 8102. Effective date.

This act shall take effect immediately.

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