H1295B2239A03153 BIL:JSL 07/16/07 #90 A03153
AMENDMENTS TO HOUSE BILL NO. 1295
Sponsor: REPRESENTATIVE D. EVANS
Printer's No. 2239
1 Amend Bill, page 2, lines 40 and 41; pages 3 through 44,
2 lines 1 through 30, page 45, lines 1 through 22, by striking out
3 all of said lines on said pages and inserting
4 Section 1. The act of April 9, 1929 (P.L.343, No.176), known
5 as The Fiscal Code, is amended by adding a section to read:
6 Section 1508. Use and Appropriation of Unused Commonwealth
7 Funds.--(a) Whenever the Governor has declared a disaster
8 emergency, the Governor may transfer any unused funds which may
9 have been appropriated for the ordinary expenses of the State
10 government in the General Fund to such Commonwealth agencies as
11 the Governor may direct to be expended for relief of disaster in
12 such manner as the Governor shall approve, and the funds are
13 hereby appropriated to the Governor for such purposes. The total
14 of the transfers under this subsection shall not exceed twenty
15 million dollars ($20,000,000) in any one fiscal year except by
16 action of the General Assembly.
17 (b) Whenever the Governor shall have proclaimed a disaster
18 emergency under 35 Pa.C.S. § 7301(c) (relating to general
19 authority of Governor), the Governor shall have power to
20 transfer any unused funds which may have been appropriated for
21 the ordinary expenses of government in the General Fund to such
22 Commonwealth agencies as he may direct to be expended for
23 reimbursements as provided in 35 Pa.C.S. § 7705(a) and (b)
24 (relating to special powers of local agencies). Such
25 reimbursements shall be made in accordance with and to the
26 extent permitted by regulations issued by such agency or
27 agencies as the Governor may designate to administer the
28 reimbursement programs established by 35 Pa.C.S. § 7705(a) and
29 (b). The total of such transfers shall never exceed five million
30 dollars ($5,000,000) in any one fiscal year except by action of
31 the General Assembly.
32 Section 1.1. The act is amended by adding an article to
33 read:
34 ARTICLE XV-A
35 COMMONWEALTH EMPLOYEES GROUP LIFE INSURANCE
36 Section 1501-A. Definitions.
37 The following words and phrases when used in this article
38 shall have the meanings given to them in this section unless the
39 context clearly indicates otherwise:
40 "Annual pay rate." The base pay rate annualized and, in the
41 case of hourly eligible employees, shall be computed on the
1 basis of expected work hours.
2 "Department." The Department of General Services of the
3 Commonwealth.
4 "Employees." A permanent, continuously scheduled employee of
5 the executive, judicial or legislative branch of the
6 Commonwealth, its commissions, boards, departments and
7 authorities. The term shall include members of the General
8 Assembly.
9 "Life insurance." Life insurance procured under this
10 article.
11 "Secretary." The Secretary of General Services of the
12 Commonwealth.
13 Section 1502-A. Group life insurance.
14 (a) Procurement by department.--Except as provided under
15 subsection (b), the department, with the approval of the
16 Governor and with the advice of the Insurance Commissioner,
17 shall procure from one or more life insurance companies
18 authorized to do business in this Commonwealth a policy or
19 policies of group life insurance covering eligible employees.
20 (b) Legislative branch.--Upon written notice to the
21 secretary, an individual agency of the General Assembly may
22 procure life insurance for its eligible employees, including
23 members of the General Assembly, in place of life insurance
24 available under subsection (a). Any life insurance procured
25 under this subsection shall, at a minimum, meet the requirements
26 of sections 1503-A, 1504-A, 1505-A, 1506-A and 1508-A.
27 (c) Eligibility.--An employee under subsection (a) or (b) in
28 active service shall be eligible for life insurance under this
29 article if the employee has completed three months' continuous
30 service as an employee under subsection (a) or (b). Temporary
31 employees shall not be eligible.
32 Section 1503-A. Amount.
33 (a) Schedule.--The amount of life insurance for any eligible
34 employee shall be based on the eligible employee's annual pay
35 rate from the Commonwealth in accordance with a schedule to be
36 submitted annually by the secretary for publication in the
37 Pennsylvania Bulletin.
38 (b) Reduction.--The amount of life insurance for any
39 eligible employees 70 years of age or older shall be one-half
40 the amount of life insurance provided under the schedule
41 published under subsection (a).
42 (c) Change in amount.--Any change in the amount of life
43 insurance made necessary by a change in pay shall take effect on
44 the next succeeding program anniversary.
45 Section 1504-A. Contributions.
46 (a) Eligible employee payment.--Except as provided under
47 subsection (b), each eligible employee covered by life insurance
48 shall pay, either directly or by means of a payroll deduction
49 authorized by the employee, the cost of the insurance in an
50 amount as may be determined from time to time on the basis of
51 the actual total costs of the life insurance policy or policies
52 contracted for by the Commonwealth.
53 (b) Commonwealth payment.--The Commonwealth may agree to pay
54 all or any of the costs for life insurance.
55 Section 1505-A. Termination.
56 (a) Cessation.--Except as provided under subsection (b),
57 life insurance shall, subject to any conversion privilege, cease
58 upon the occurrence of any of the following:
59 (1) Termination of employment.
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1 (2) Nonpayment of any contribution due from an eligible
2 employee.
3 (3) After 12 continuous months of unpaid absence.
4 (b) Disability.--Life insurance shall be continued for
5 employees who terminate after becoming permanently and totally
6 disabled while covered under this program.
7 Section 1506-A. Automatic coverage.
8 (a) Provision for coverage.--Any policy of life insurance
9 shall provide that all eligible employees shall be automatically
10 covered commencing on the date they first become eligible.
11 (b) Notice.--An employee desiring not to be covered by life
12 insurance shall give written notice, on a prescribed form, to
13 the employee's employing office that the employee desires not to
14 be insured. If the notice is received before the employee
15 becomes insured under the policy, the employee shall not be
16 insured. If the notice is received after the employee becomes
17 insured, the employee's insurance under the policy will cease
18 effective with the end of the pay period during which the notice
19 is received by the employing office.
20 Section 1507-A. Secretary to be agent.
21 (a) Agent.--Except for life insurance procured under section
22 1502-A(b), the secretary is exclusively authorized and shall
23 have the duty to transact all business necessary for the purpose
24 of contracting for insurance under this article.
25 (b) Commission.--The life insurance company or companies
26 from whom life insurance is procured by the secretary shall
27 compute commissions in accordance with their standard practice
28 followed in other similar plans. The commissions shall be paid
29 to the secretary to offset administrative and other expenses
30 incurred in the administration of the insurance plan.
31 Section 1508-A. Applicability of insurance laws.
32 All life insurance shall be subject to the laws of this
33 Commonwealth relating to insurance.
34 Section 2. Section 1737-B of the act, added July 5, 2006
35 (P.L.296, No.66), is amended to read:
36 Section 1737-B. State System of Higher Education.
37 [(Reserved).]
38 The following shall apply to executive authorizations from
39 the Keystone Recreation, Park and Conservation Fund for the
40 State System of Higher Education:
41 (1) Notwithstanding the provisions of section 12(b) of
42 the act of July 2, 1993 (P.L.359, No.50), known as the
43 Keystone Recreation, Park and Conservation Fund Act, for
44 Fiscal Year 2006-2007, the entire amount of the transfer
45 under section 1106-C(d) of the act of March 4, 1971 (P.L.6,
46 No.2), known as the Tax Reform Code of 1971, shall be paid to
47 the State System of Higher Education.
48 (2) (Reserved).
49 Section 3. Section 1720-C(c) of the act, added July 5, 2006
50 (P.L.296, No.66), is repealed:
51 Section 1720-C. State Gaming Fund.
52 * * *
53 [c) Transfers for Volunteer Fire Company Grant Program.--
54 Commencing with Fiscal Year 2006-2007 and continuing annually
55 thereafter, the sum of $25,000,000 shall be transferred from the
56 State Gaming Fund to the General Fund and is hereby appropriated
57 to the Volunteer Fire Company Grant Program on a continuing
58 basis.]
59 * * *
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1 Section 4. The act is amended by adding articles to read:
2 ARTICLE XVII-E
3 GENERAL BUDGET IMPLEMENTATION
4 SUBARTICLE A
5 PRELIMINARY PROVISIONS
6 Section 1701-E. Applicability.
7 This article applies to appropriations from every General
8 Appropriation Act.
9 Section 1702-E. Definitions and abbreviations.
10 (a) Definitions.--The following words and phrases when used
11 in this article shall have the meanings given to them in this
12 section unless the context clearly indicates otherwise:
13 "Secretary." The Secretary of the Budget of the
14 Commonwealth.
15 (b) Abbreviations.--The following abbreviations when used in
16 this article shall have the meanings given to them in this
17 section:
18 "AIDS." Acquired Immune Deficiency Syndrome.
19 "ARC." Appalachian Regional Commission.
20 "BG." Block Grant.
21 "CCDFBG." Child Care and Development Fund Block Grant.
22 "CSBG." Community Services Block Grant.
23 "DCSI." Drug Control and Systems Improvement Formula Grant
24 Program.
25 "DFSC." Drug Free Schools and Communities Act.
26 "DOE." Department of Energy.
27 "EEOC." Equal Employment Opportunity Commission.
28 "EPA." Environmental Protection Agency.
29 "ESEA." Elementary and Secondary Education Act.
30 "FEMA." Federal Emergency Management Agency.
31 "FTA." Federal Transit Administration.
32 "HUD." Department of Housing and Urban Development.
33 "LIHEABG." Low-Income Home Energy Assistance Block Grant.
34 "LSTA." Library Services and Technology Act.
35 "MCHSBG." Maternal and Child Health Services Block Grant.
36 "MHSBG." Mental Health Services Block Grant.
37 "MR." Mental Retardation.
38 "PAFE." Pennsylvania Agricultural Food Exposition.
39 "PHHSBG." Preventive Health and Health Services Block Grant.
40 "RSAT." Residential Substance Abuse Treatment.
41 "SABG." Substance Abuse Block Grant.
42 "SCDBG." Small Communities Development Block Grant.
43 "SDA." Service Delivery Area.
44 "SSBG." Social Services Block Grant.
45 "TANF." Temporary Assistance for Needy Families.
46 "TANFBG." Temporary Assistance for Needy Families Block
47 Grant.
48 "TEFAP." Temporary Emergency Food Assistance Program.
49 "WIA." Workforce Investment Act.
50 "WIC." Women, Infants and Children Program.
51 Section 1703-E. Warrants.
52 (Reserved).
53 SUBARTICLE B
54 EXECUTIVE DEPARTMENT
55 Section 1711-E. Governor.
56 (Reserved).
57 Section 1712-E. Executive Offices.
58 The following shall apply to appropriations for the Executive
59 Offices:
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1 (1) Pennsylvania Commission on Crime and Delinquency.
2 Funds remaining after application of section 202 of a General
3 Appropriation Act for the appropriation for grants-in-aid for
4 intermediate punishment programs shall be distributed to
5 counties based on the following formula:
6 (i) Fifty percent shall be based on the proportion
7 of offenders diverted from the county prison system to
8 county intermediate punishment programs.
9 (ii) Fifty percent shall be based on the proportion
10 of offenders diverted from the State correctional system
11 to the county prison system.
12 (2) Grants for specialized probation services, including
13 school-based, community-based, intensive supervision and
14 aftercare services shall be provided in accordance with
15 standards adopted by the Juvenile Court Judges Commission.
16 Section 1713-E. Lieutenant Governor.
17 (Reserved).
18 Section 1714-E. Attorney General.
19 (Reserved).
20 Section 1715-E. Auditor General.
21 The following shall apply to appropriations to the Auditor
22 General:
23 (1) Funds appropriated to the Department of the Auditor
24 General shall be for the purpose of performing postaudits in
25 accordance with generally accepted government auditing
26 standards.
27 (2) (Reserved).
28 Section 1716-E. Treasury Department.
29 The following shall apply to appropriations to the Treasury
30 Department:
31 (1) Payments for the Commonwealth's portion of expenses
32 of councils, commissions, conferences, boards, associations,
33 coalitions and institutes shall be made only on requisition
34 of the Governor on behalf of the organization, which shall
35 file an accounting of expenses with the Auditor General.
36 (2) (Reserved).
37 Section 1716.1-E. Insurance Restructuring Restricted Receipt
38 Account.
39 (a) Establishment.--There is established a restricted
40 receipt account in the State Treasury to be known as the
41 Insurance Restructuring Restricted Receipt Account. Interest
42 earned on money in the account shall remain in the account.
43 (b) Deposit.--All net economic benefits, including proceeds,
44 savings, funds and other money derived from the merger,
45 consolidation or other acquisition of control of a hospital plan
46 corporation or professional health services plan corporation,
47 which are to be used to fund any portion of a health care or
48 health care-related program of, or administered by, the
49 Commonwealth shall be deposited into the account.
50 (c) Prohibition.--No contract or written agreement between
51 the Commonwealth and a hospital plan corporation or professional
52 health services plan corporation may be entered into relating to
53 the disbursement or spending of the economic benefits, proceeds,
54 savings, funds or other money resulting from the merger,
55 consolidation or other acquisition of control of a hospital plan
56 corporation or professional health services plan corporation
57 until funds are appropriated under subsection (d).
58 (d) Appropriation.--No fund or money may be transferred or
59 paid from the account unless appropriated by the General
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1 Assembly for health-related purposes.
2 Section 1717-E. Department of Aging.
3 (Reserved).
4 Section 1718-E. Department of Agriculture.
5 The following shall apply to appropriations for the
6 Department of Agriculture:
7 (1) No expenditures may be made from the appropriation
8 for the payment to the State Farm Products Show Fund or from
9 the State Farm Products Show Fund for any activities
10 associated with the PAFE unless such activities take place on
11 the premises of the Farm Show Complex, Harrisburg,
12 Pennsylvania.
13 (2) The department may make allocations of
14 appropriations for development and operation of an open
15 livestock show, for planning and staging of an open dairy
16 show and for promotion and holding of annual local, regional
17 and State 4H clubs and Future Farmers of America dairy shows
18 as it deems appropriate, to an association whose purposes are
19 in accord with the purposes and intent of the appropriations.
20 Allocations under this paragraph shall be used for the
21 development and operation of Livestock, Dairy and Junior
22 Dairy Shows in the Pennsylvania Farm Show Complex, provided,
23 that the funds allocated by the department shall only be used
24 for the specific items approved by the department in advance.
25 Section 1719-E. Department of Community and Economic
26 Development.
27 The following shall apply to appropriations for the
28 Department of Community and Economic Development:
29 (1) No more than 20% of funds appropriated for grants
30 under the act of May 20, 1949 (P.L.1633, No.493), known as
31 the Housing and Redevelopment Assistance Law, shall be
32 allocated to any one political subdivision.
33 (2) (Reserved).
34 Section 1720-E. Department of Conservation and Natural
35 Resources.
36 (Reserved).
37 Section 1721-E. Department of Corrections.
38 (Reserved).
39 Section 1722-E. Department of Education.
40 (Reserved).
41 Section 1723-E. Department of Environmental Protection.
42 (Reserved).
43 Section 1724-E. Department of General Services.
44 (Reserved).
45 Section 1725-E. Department of Health.
46 (Reserved).
47 Section 1726-E. Insurance Department.
48 (Reserved).
49 Section 1727-E. Department of Labor and Industry.
50 (Reserved).
51 Section 1728-E. Department of Military and Veterans Affairs.
52 (Reserved).
53 Section 1729-E. Department of Public Welfare.
54 The following shall apply to appropriations for the
55 Department of Public Welfare:
56 (1) Any rule, regulation or policy for the Federal or
57 State appropriations for the cash assistance, outpatient,
58 inpatient, capitation, behavioral health, long-term care and
59 Supplemental Grants to the Aged, Blind and Disabled, Child
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1 Care and Attendant Care programs adopted by the Secretary of
2 Public Welfare during the fiscal year which adds to the cost
3 of any public assistance program shall be effective only from
4 and after the date upon which it is approved as to the
5 availability of funds by the Governor.
6 (2) Federal and State medical assistance payments. The
7 following shall apply:
8 (i) (Reserved).
9 (ii) (Reserved).
10 (iii) (Reserved).
11 (iv) (Reserved).
12 (v) (Reserved).
13 (vi) (Reserved).
14 (vii) The following shall apply to eligibility
15 determinations for services under medical assistance:
16 (A) Unless the custodial parent or legally
17 responsible adult has provided to the department, at
18 application or redetermination, information required
19 by the department for inclusion in the annual report
20 under clause (B), no funds from an appropriation for
21 medical assistance shall be used to pay for medical
22 assistance services for a child under 21 years of
23 age:
24 (I) who has a Supplemental Security Income
25 (SSI) level of disability; and
26 (II) whose parental income is not currently
27 considered in the eligibility determination
28 process.
29 (B) The department shall submit to the Public
30 Health and Welfare Committee of the Senate and the
31 Health and Human Services Committee of the House of
32 Representatives an annual report including the
33 following data:
34 (I) Family size.
35 (II) Household income.
36 (III) County of residence.
37 (IV) Length of residence in this
38 Commonwealth.
39 (V) Third-party insurance information.
40 (VI) Diagnosis and type and cost of services
41 paid for by the medical assistance program on
42 behalf of each eligible and enrolled child
43 described in clause (A).
44 Section 1730-E. Department of Revenue.
45 (Reserved).
46 Section 1731-E. Department of State.
47 (Reserved).
48 Section 1732-E. Department of Transportation.
49 (Reserved).
50 Section 1733-E. Pennsylvania State Police.
51 (Reserved).
52 Section 1734-E. State Civil Service Commission.
53 Funds appropriated to the State Civil Service Commission
54 shall include any funds collected by the commission for the
55 administration of the merit system for employees under the act
56 of August 5, 1941 (P.L.752, No.286), known as the Civil Service
57 Act.
58 Section 1735-E. Pennsylvania Emergency Management Agency.
59 (Reserved).
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1 Section 1736-E. Pennsylvania Fish and Boat Commission.
2 (Reserved).
3 Section 1737-E. State System of Higher Education.
4 (Reserved).
5 Section 1738-E. Pennsylvania Higher Education Assistance
6 Agency.
7 (Reserved).
8 Section 1739-E. Pennsylvania Historical and Museum Commission.
9 (Reserved).
10 Section 1740-E. Pennsylvania Infrastructure Investment
11 Authority.
12 (Reserved).
13 Section 1741-E. Environmental Hearing Board.
14 (Reserved).
15 Section 1742-E. Pennsylvania Board of Probation and Parole.
16 (Reserved).
17 Section 1743-E. Pennsylvania Public Television Network
18 Commission.
19 (Reserved).
20 Section 1744-E. Pennsylvania Securities Commission.
21 (Reserved).
22 Section 1745-E. State Tax Equalization Board.
23 (Reserved).
24 Section 1746-E. Health Care Cost Containment Council.
25 (Reserved).
26 Section 1747-E. State Ethics Commission.
27 (Reserved).
28 Section 1748-E. State Employees' Retirement System.
29 (Reserved).
30 Section 1749-E. Thaddeus Stevens College of Technology.
31 (Reserved).
32 Section 1750-E. Pennsylvania Housing Finance Agency.
33 (Reserved).
34 Section 1751-E. LIHEABG.
35 The following shall apply to expenditures:
36 (1) The Department of Public Welfare may, upon approval
37 of the secretary, make transfers of Federal funds
38 appropriated to the Department of Community and Economic
39 Development from LIHEABG for weatherization and
40 administration if the transfer will not result in a deficit
41 in any appropriation from which funds are transferred.
42 (2) Unexpended weatherization funds which would result
43 in LIHEABG funds being returned to the Department of Health
44 and Human Services may be spent for assistance grants at the
45 discretion of the secretary.
46 (3) The secretary shall provide ten days' prior
47 notification of a transfer under paragraph (1) or (2) to the
48 chairman and the minority chairman of the Appropriations
49 Committee of the Senate and the chairman and minority
50 chairman of the Appropriations Committee of the House of
51 Representatives.
52 Section 1752-E. Budget Stabilization Reserve Fund.
53 (Reserved).
54 SUBARTICLE C
55 LEGISLATIVE DEPARTMENT
56 Section 1761-E. Senate.
57 (Reserved).
58 Section 1762-E. House of Representatives.
59 (Reserved).
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1 Section 1763-E. Legislative Reference Bureau.
2 (1) Notwithstanding any other provision of law to the
3 contrary, including 62 Pa.C.S. (relating to procurement), the
4 Pennsylvania Consolidated Statutes, advance copies of
5 statutes, volumes of the Laws of Pennsylvania and other
6 publications shall be printed under contracts entered into by
7 the Legislative Reference Bureau and distributed as
8 determined by the bureau. Money from sales shall be paid to
9 the bureau or the Department of General Services, as the
10 bureau shall determine; and that money shall be paid into the
11 State Treasury to the credit of the General Fund. Money from
12 sales is hereby appropriated from the General Fund to the
13 Legislative Reference Bureau for the editing, printing and
14 distribution of the Pennsylvania Consolidated Statutes,
15 advance copies of statutes, volumes of the Laws of
16 Pennsylvania and other publications and for related expenses.
17 (2) Contingent expenses connected with the work of the
18 bureau shall be paid on warrants of the State Treasurer in
19 favor of the director on the presentation of the director's
20 requisitions.
21 (3) The director shall file an accounting of the
22 contingent expenses, together with supporting documents
23 whenever possible, in the office of the bureau.
24 Section 1764-E. Legislative Budget and Finance Committee.
25 (Reserved).
26 Section 1765-E. Legislative Data Processing Committee.
27 (Reserved).
28 Section 1766-E. Joint State Government Commission.
29 (Reserved).
30 Section 1767-E. Local Government Commission.
31 (Reserved).
32 Section 1768-E. Joint Legislative Air and Water Pollution
33 Control and Conservation Committee.
34 (Reserved).
35 Section 1769-E. Legislative Audit Advisory Commission.
36 (Reserved).
37 Section 1770-E. Independent Regulatory Review Commission.
38 (Reserved).
39 Section 1771-E. Capitol Preservation Committee.
40 (Reserved).
41 Section 1772-E. Pennsylvania Commission on Sentencing.
42 (Reserved).
43 Section 1773-E. Center for Rural Pennsylvania.
44 (Reserved).
45 Section 1774-E. Commonwealth Mail Processing Center.
46 (Reserved).
47 Section 1775-E. Chief Clerk of the Senate and Chief Clerk of
48 the House of Representatives.
49 (Reserved).
50 SUBARTICLE D
51 JUDICIAL DEPARTMENT
52 Section 1781-E. Supreme Court.
53 (Reserved).
54 Section 1782-E. Superior Court.
55 (Reserved).
56 Section 1783-E. Commonwealth Court.
57 (Reserved).
58 Section 1784-E. Courts of common pleas.
59 (Reserved).
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1 Section 1785-E. Community courts - magisterial district judges.
2 (Reserved).
3 Section 1786-E. Philadelphia Traffic Court.
4 (Reserved).
5 Section 1787-E. Philadelphia Municipal Court.
6 (Reserved).
7 Section 1788-E. Judicial Conduct Board.
8 (Reserved).
9 Section 1789-E. Court of Judicial Discipline.
10 (Reserved).
11 Section 1790-E. Juror cost reimbursement.
12 (Reserved).
13 Section 1791-E. County court reimbursement.
14 (Reserved).
15 Section 1792-E. Senior judges.
16 (Reserved).
17 Section 1793-E. Transfer of funds by Supreme Court.
18 (Reserved).
19 SUBARTICLE E
20 RESTRICTIONS ON APPROPRIATIONS
21 FOR FUNDS AND ACCOUNTS
22 Section 1799-E. State Gaming Fund.
23 (a) Transfers for Volunteer Fire Company and Volunteer
24 Ambulance Service Grant Act.--Commencing with Fiscal Year 2007-
25 2008 and continuing annually thereafter, the sum of $25,000,000
26 shall be transferred from the State Gaming Fund to the General
27 Fund and is hereby appropriated on a continuing basis to the
28 Pennsylvania Emergency Management Agency for the purpose of
29 making grants in accordance with Chapter 7 of the act of July
30 31, 2003 (P.L.73, No.17), known as the Volunteer Fire Company
31 and Volunteer Ambulance Service Grant Act. Annually the sum of
32 $22,000,000 shall be expended for the purpose of making grants
33 to eligible volunteer fire companies pursuant to Chapter 3 of
34 the Volunteer Fire Company and Volunteer Ambulance Service Grant
35 Act. Annually the sum of $3,000,000 shall be expended for the
36 purpose of making grants to eligible volunteer ambulance
37 services pursuant to Chapter 5 of the Volunteer Fire Company and
38 Volunteer Ambulance Service Grant Act.
39 (b) (Reserved).
40 (c) Performance audit.--Notwithstanding section 408, a
41 performance audit of the Pennsylvania Gaming Control Board
42 commenced in 2007 by the Auditor General shall be paid for from
43 funds appropriated to the Auditor General.
44 (d) Utilization.--The board shall not encumber or commit
45 funds obtained from any source, including a commercial loan or
46 the sale of gaming receipts, unless appropriated by the General
47 Assembly.
48 ARTICLE XVII-F
49 2007-2008 BUDGET IMPLEMENTATION
50 SUBARTICLE A
51 PRELIMINARY PROVISIONS
52 Section 1701-F. Applicability.
53 Except as specifically provided in this article, this article
54 applies to the General Appropriation Act of 2007.
55 Section 1702-F. Definitions and abbreviations.
56 (a) Definitions.--The following words and phrases when used
57 in this article shall have the meanings given to them in this
58 section unless the context clearly indicates otherwise:
59 "General Appropriation Act." The act of , 2007
HB1295A03153 - 10 -
1 (P.L. , No. ), known as the General Appropriation Act of
2 2007.
3 "Secretary." The Secretary of the Budget of the
4 Commonwealth.
5 (b) Abbreviations.--The following abbreviations when used in
6 this article shall have the meanings given to them in this
7 section:
8 "AIDS." Acquired Immune Deficiency Syndrome.
9 "ARC." Appalachian Regional Commission.
10 "BG." Block Grant.
11 "CCDFBG." Child Care and Development Fund Block Grant.
12 "CSBG." Community Services Block Grant.
13 "DCSI." Drug Control and Systems Improvement Formula Grant
14 Program.
15 "DFSC." Drug Free Schools and Communities Act.
16 "DOE." Department of Energy.
17 "EEOC." Equal Employment Opportunity Commission.
18 "EPA." Environmental Protection Agency.
19 "ESEA." Elementary and Secondary Education Act.
20 "FEMA." Federal Emergency Management Agency.
21 "FTA." Federal Transit Administration.
22 "HUD." Department of Housing and Urban Development.
23 "LIHEABG." Low-Income Home Energy Assistance Block Grant.
24 "LSTA." Library Services and Technology Act.
25 "MCHSBG." Maternal and Child Health Services Block Grant.
26 "MHSBG." Mental Health Services Block Grant.
27 "MR." Mental Retardation.
28 "PAFE." Pennsylvania Agricultural Food Exposition.
29 "PHHSBG." Preventive Health and Health Services Block Grant.
30 "RSAT." Residential Substance Abuse Treatment.
31 "SABG." Substance Abuse Block Grant.
32 "SCDBG." Small Communities Development Block Grant.
33 "SDA." Service Delivery Area.
34 "SSBG." Social Services Block Grant.
35 "TANF." Temporary Assistance for Needy Families.
36 "TANFBG." Temporary Assistance for Needy Families Block
37 Grant.
38 "TEFAP." Temporary Emergency Food Assistance Program.
39 "WIA." Workforce Investment Act.
40 "WIC." Women, Infants and Children Program.
41 Section 1703-F. Warrants.
42 (Reserved).
43 SUBARTICLE B
44 EXECUTIVE DEPARTMENT
45 Section 1711-F. Governor.
46 (Reserved).
47 Section 1712-F. Executive Offices.
48 (Reserved).
49 Section 1713-F. Lieutenant Governor.
50 (Reserved).
51 Section 1714-F. Attorney General.
52 (Reserved).
53 Section 1715-F. Auditor General.
54 (Reserved).
55 Section 1716-F. Treasury Department.
56 (Reserved).
57 Section 1717-F. Department of Aging.
58 (Reserved).
59 Section 1718-F. Department of Agriculture.
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1 (Reserved).
2 Section 1719-F. Department of Community and Economic
3 Development.
4 The following shall apply to appropriations for the
5 Department of Community and Economic Development in the General
6 Appropriation Act:
7 (1) Grants from funds appropriated for community
8 revitalization and assistance shall be awarded only after
9 program guidelines, schedules and application procedures are
10 established by the department and published in the
11 Pennsylvania Bulletin.
12 (2) Funds appropriated for small business development
13 centers shall be allocated as follows:
14 (i) Small business development centers that received
15 an allocation from the appropriation for small business
16 development centers for Fiscal Years 2005-2006 and 2006-
17 2007 shall be allocated an amount for fiscal year 2007-
18 2008 which is not less than the amount received in Fiscal
19 Year 2005-2006.
20 (ii) Small business development centers that did not
21 receive an allocation from the appropriation for small
22 business development centers for Fiscal Year 2005-2006
23 shall be allocated an amount for Fiscal Year 2007-2008
24 which is not less than the amount received from the
25 appropriation for small business development centers for
26 Fiscal Year 2006-2007.
27 (iii) The State director's office, including the
28 energy management assistance program and the strategic
29 initiative plans program shall be allocated in an amount
30 which is not less than the amounts received from the
31 appropriation for small business development centers for
32 Fiscal Year 2005-2006.
33 Section 1720-F. Department of Conservation and Natural
34 Resources.
35 (Reserved).
36 Section 1721-F. Department of Corrections.
37 The following shall apply to appropriations for the
38 Department of Corrections in the General Appropriation Act:
39 (1) When making expenditures from appropriations for the
40 operation of State correctional institutions, the Department
41 of Corrections shall give consideration to minimum relief
42 factor values calculated when determining staffing levels for
43 corrections officers and food service instructors at each
44 State correctional institution.
45 Section 1722-F. Department of Education.
46 The following shall apply to appropriations of the Department
47 of Education in the General Appropriation Act:
48 (1) Annual payments from the appropriation to
49 institutions of higher learning for defraying the expenses of
50 deaf or blind students shall not exceed $500 per student.
51 (2) Grants to engineering schools approved by the
52 Accreditation Board of Engineering and Technology prorated
53 based upon full-time equivalent student enrollment may only
54 be used for the acquisition or upgrading of engineering
55 instructional equipment. At least $2 of private funds shall
56 be required for each $1 of grant funds.
57 Section 1723-F. Department of Environmental Protection.
58 (Reserved).
59 Section 1724-F. Department of General Services.
HB1295A03153 - 12 -
1 (Reserved).
2 Section 1725-F. Department of Health.
3 The following shall apply to appropriations for the
4 Department of Health in the General Appropriation Act:
5 (1) Funds appropriated for lupus programs shall be
6 distributed in the same proportion as distributed in Fiscal
7 Year 2006-2007.
8 (2) Funds appropriated for arthritis outreach and
9 education shall be equitably distributed among the central,
10 western and eastern regions of this Commonwealth based on the
11 ratio of population served in each region to the total
12 population served in this Commonwealth.
13 Section 1726-F. Insurance Department.
14 (Reserved).
15 Section 1727-F. Department of Labor and Industry.
16 The following shall apply to appropriations for the
17 Department of Labor and Industry in the General Appropriation
18 Act:
19 (1) The appropriation for payment to the Vocational
20 Rehabilitation Fund for work of the State Board of Vocational
21 Rehabilitation includes $2,584,000 for a Statewide
22 professional service provider association for the blind to
23 provide specialized services and prevention of blindness
24 services.
25 (2) For the "Reed Act-Unemployment Insurance" and "Reed
26 Act-Employment Services and Unemployment Insurance"
27 appropriations, the total amount which may be obligated shall
28 not exceed the limitations under section 903 of the Social
29 Security Act (49 Stat. 620, 42 U.S.C. § 1103).
30 Section 1728-F. Department of Military and Veterans Affairs.
31 (Reserved).
32 Section 1729-F. Department of Public Welfare.
33 The following shall apply to appropriations for the
34 Department of Public Welfare from the General Appropriation Act:
35 (1) Authorized transfers for child care services. The
36 following shall apply:
37 (i) The department, upon approval of the secretary,
38 may transfer Federal funds appropriated for TANFBG Child
39 Care Assistance to the CCDFBG Child Care Services
40 appropriation to provide child care services to
41 additional low income families if the transfer of funds
42 will not result in a deficit in the appropriation. The
43 secretary shall provide notice ten days prior to a
44 transfer under this subparagraph to the chairman and
45 minority chairman of the Appropriations Committee of the
46 Senate and the chairman and minority chairman of the
47 Appropriations Committee of the House of Representatives.
48 (ii) The department, upon approval of the secretary,
49 may transfer Federal funds appropriated for CCDFBG Child
50 Care Assistance to the CCDFBG Child Care Services
51 appropriation to provide child care services to
52 additional low income families provided that the transfer
53 of funds will not result in a deficit in the
54 appropriation. The secretary shall provide notice ten
55 days prior to a transfer under this subparagraph to the
56 chairman and minority chairman of the Appropriations
57 Committee of the Senate and the chairman and the minority
58 chairman of the Appropriations Committee of the House of
59 Representatives.
HB1295A03153 - 13 -
1 (2) Federal and State medical assistance payments. The
2 following shall apply:
3 (i) When making payments for medical assistance
4 outpatient or capitation services, the department shall
5 not require a recipient to obtain a physician referral in
6 order to receive chiropractic services.
7 (ii) No funds appropriated for approved capitation
8 plans shall be used to pay a provider who fails to supply
9 information in a form required by the department in order
10 to facilitate claims for Federal financial participation
11 for services rendered to general assistance clients.
12 (iii) For Fiscal Year 2007-2008, additional Federal
13 and State inpatient funding is included to provide for
14 Community Access Fund payments. Payments to hospitals for
15 Community Access Fund Grants shall be distributed under
16 the formulas utilized for these grants in Fiscal Year
17 2006-2007.
18 (iv) Qualifying State-related academic medical
19 centers shall not receive any less funding than received
20 for the Fiscal Year 2004-2005 State appropriation level
21 if Federal funding for academic medical centers is not
22 made available to those academic medical centers during
23 Fiscal Year 2007-2008.
24 (v) Funds appropriated for medical assistance
25 transportation shall only be utilized as a payment of
26 last resort for transportation for eligible medical
27 assistance recipients.
28 (3) (Reserved).
29 (4) Women's service programs. The following shall apply:
30 (i) Funds appropriated for women's service programs
31 grants to nonprofit agencies whose primary function is to
32 provide alternatives to abortion shall be expended to
33 provide services to women until childbirth and for up to
34 12 months thereafter, including food, shelter, clothing,
35 health care, counseling, adoption services, parenting
36 classes, assistance for postdelivery stress and other
37 supportive programs and services and for related outreach
38 programs. Agencies may subcontract with other nonprofit
39 entities which operate projects designed specifically to
40 provide all or a portion of these services. Projects
41 receiving funds referred to in this subparagraph shall
42 not promote, refer for or perform abortions or engage in
43 any counseling which is inconsistent with the
44 appropriation referred to in this subparagraph and shall
45 be physically and financially separate from any component
46 of any legal entity engaging in such activities.
47 (ii) Funds appropriated for women's service programs
48 shall be used for women's medical services, including
49 noninvasive contraception supplies.
50 (iii) Federal funds appropriated for TANFBG
51 Alternatives to Abortion shall be utilized solely for
52 services to women whose gross family income is below 185%
53 of the Federal poverty guidelines.
54 (5) Behavioral health services. All available
55 intergovernmental transfer funds appropriated to augment
56 appropriations, including prior year carryover funds, shall
57 be spent prior to Commonwealth funds.
58 (6) County children and youth programs. The following
59 shall apply:
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1 (i) No more than 50% of funds allocated from the
2 State appropriation for county children and youth
3 programs to each county shall be expended until each
4 county submits to the department data for the prior State
5 fiscal year, and updated quarterly, on the unduplicated
6 caseloads, unduplicated services and number of
7 caseworkers by county program. Data shall be submitted in
8 a form acceptable to the department. A copy of the data
9 shall be sent to the chairman and minority chairman of
10 the Appropriations Committee of the Senate and to the
11 chairman and the minority chairman of the Appropriations
12 Committee of the House of Representatives.
13 (ii) Reimbursement for children and youth services
14 made pursuant to section 704.1 of the act of June 13,
15 1967 (P.L.31, No.21), known as the Public Welfare Code,
16 shall not exceed the amount of State funds appropriated.
17 It is the intent of the General Assembly that counties do
18 not experience any adverse fiscal impact due to the
19 department's maximization efforts.
20 (7) TANF transition. Funds appropriated for Child
21 Welfare TANF transition may be disbursed by the department in
22 accordance with section 205 of the Public Welfare Code as one
23 time grants to county children and youth agencies. The
24 department shall utilize guidelines adopted in consultation
25 with the County Commissioners Association of Pennsylvania to
26 govern eligibility for a grant and the nature and extent of
27 other unfunded child welfare expenditures for which grants
28 may be used. The maximum one time transition grant to a
29 county in Fiscal Year 2007-2008 may be less than but shall
30 not exceed the amount specified in a county's "State
31 Transition Grant" revenue line as reflected in the Fiscal
32 Year 2007-2008 Proposed Allocation for State Transition Grant
33 letter from the Department of Public Welfare to the Secretary
34 of the Budget dated July 14, 2007.
35 (8) Behavioral health services transition. The
36 department, upon approval of the secretary, may transfer
37 Federal and State funds appropriated for behavioral health
38 services transition to counties to provide for children and
39 youth programs, child abuse and neglect prevention or medical
40 assistance capitation.
41 (9) Community-based family centers. No funds
42 appropriated for community-based family centers may be
43 considered as part of the base for calculation of the county
44 child welfare needs-based budget for a fiscal year.
45 Section 1730-F. Department of Revenue.
46 (Reserved).
47 Section 1731-F. Department of State.
48 (Reserved).
49 Section 1732-F. Department of Transportation.
50 (Reserved).
51 Section 1733-F. Pennsylvania State Police.
52 The following shall apply to appropriations for the
53 Pennsylvania State Police from the General Appropriation Act:
54 (1) During Fiscal Year 2007-2008, the Pennsylvania State
55 Police may not close a barracks until the Pennsylvania State
56 Police conduct a public hearing and provide 30 days' notice,
57 which shall be published in the Pennsylvania Bulletin and in
58 at least two local newspapers.
59 (2) (Reserved).
HB1295A03153 - 15 -
1 Section 1734-F. State Civil Service Commission.
2 (Reserved).
3 Section 1735-F. Pennsylvania Emergency Management Agency.
4 The Pennsylvania Emergency Management Agency shall provide
5 semiannual reports of all grants awarded by Pennsylvania
6 Emergency Management Agency from Federal disaster assistance or
7 relief funds, homeland security and defense funds, avian
8 flu/pandemic preparedness or other public health emergency funds
9 to the chairman and minority chairman of the Appropriations
10 Committee of the Senate and the chairman and minority chairman
11 of the Appropriations Committee of the House of Representatives.
12 The reports shall include information relating to the entity
13 receiving grant money from the Pennsylvania Emergency Management
14 Agency, including the name and address of the entity, the amount
15 of the grant, the date of issuance and the purpose of the grant.
16 Reports shall be submitted on or before August 15 of each year
17 for grants awarded during the period from January 1 through June
18 30 and on or before February 15 of each year for grants awarded
19 during the period from July 1 through December 31.
20 Section 1736-F. Pennsylvania Fish and Boat Commission.
21 (Reserved).
22 Section 1737-F. State System of Higher Education.
23 (Reserved).
24 Section 1738-F. Pennsylvania Higher Education Assistance
25 Agency.
26 The following shall apply to appropriations for the
27 Pennsylvania Higher Education Assistance Agency from the General
28 Appropriation Act:
29 (1) Maximization of funds. The Pennsylvania Higher
30 Education Assistance Agency shall use funds appropriated for
31 matching payments for student aid funds to maximize the
32 receipt of Federal funds to the fullest extent possible.
33 (2) Limitation. No college, university or institution
34 receiving a direct appropriation from the Commonwealth shall
35 be eligible to participate in the institutional assistance
36 grants program.
37 (3) Agricultural loan forgiveness. In distributing funds
38 appropriated for agricultural loan forgiveness, the agency
39 shall give preference to renewal applicants.
40 Section 1739-F. Pennsylvania Historical and Museum Commission.
41 (Reserved).
42 Section 1740-F. Pennsylvania Infrastructure Investment
43 Authority.
44 (Reserved).
45 Section 1741-F. Environmental Hearing Board.
46 (Reserved).
47 Section 1742-F. Pennsylvania Board of Probation and Parole.
48 The following shall apply to the appropriation for the
49 Pennsylvania Board of Probation and Parole from the General
50 Appropriation Act:
51 (1) Work performed under the drug offenders' work
52 program appropriation for the board shall in no case replace
53 jobs protected by a collective bargaining unit.
54 (2) (Reserved).
55 Section 1743-F. Pennsylvania Public Television Network
56 Commission.
57 (Reserved).
58 Section 1744-F. Pennsylvania Securities Commission.
59 (Reserved).
HB1295A03153 - 16 -
1 Section 1745-F. State Tax Equalization Board.
2 (Reserved).
3 Section 1746-F. Health Care Cost Containment Council.
4 The Health Care Cost Containment Council shall submit a
5 report to the chairman and minority chairman of the
6 Appropriations Committee of the Senate and the chairman and
7 minority chairman of the Appropriations Committee of the House
8 of Representatives specifying the amount and source of proceeds
9 received from the sale of data by the council. Proceeds received
10 from the sale shall be deposited in the General Fund and shall
11 not be expended unless appropriated by the General Assembly. The
12 report shall supplement the annual report of financial
13 expenditures required under section 17.1 of the act of July 8,
14 1986 (P.L.408, No.89), known as the Health Care Cost Containment
15 Act.
16 Section 1747-F. State Ethics Commission.
17 (Reserved).
18 Section 1748-F. State Employees' Retirement System.
19 (Reserved).
20 Section 1749-F. Thaddeus Stevens College of Technology.
21 (Reserved).
22 Section 1750-F. Pennsylvania Housing Finance Agency.
23 (Reserved).
24 Section 1751-F. LIHEABG.
25 (Reserved).
26 Section 1752-F. Budget Stabilization Reserve Fund.
27 (Reserved).
28 SUBARTICLE C
29 LEGISLATIVE DEPARTMENT
30 (RESERVED)
31 SUBARTICLE D
32 JUDICIAL DEPARTMENT
33 Section 1781-F. Supreme Court.
34 (a) Administrative Office.--Funds appropriated for the
35 Administrative Office of Pennsylvania Courts may be used for the
36 operation of the Pennsylvania Board of Law Examiners. Funds
37 provided to the board shall be repaid in full to the office,
38 without interest or charges, from revenues of the board.
39 (b) County court administrators.--No funds from any
40 appropriation other than the appropriation for county court
41 administrators for the Unified Judicial System may be used to
42 supplement payments to county court administrators.
43 Section 1782-F. Superior Court.
44 (Reserved).
45 Section 1783-F. Commonwealth Court.
46 (Reserved).
47 Section 1784-F. Courts of common pleas.
48 The following shall apply to appropriations for the courts of
49 common pleas in the General Appropriation Act.
50 (1) No payment may be made from the appropriation for
51 salaries and expenses of courts of common pleas judges for
52 printing, postage, telephone or supplies.
53 (2) No payment may be made for expenses of any kind
54 relating to education.
55 Section 1785-F. Community courts; magisterial district judges.
56 All of the following apply to the appropriation in the
57 General Appropriation Act for salaries and expenses of community
58 court judges and magisterial district judges:
59 (1) Except for printing costs related to 42 Pa.C.S. §
HB1295A03153 - 17 -
1 3532 (relating to expenses), no other costs for printing,
2 postage, telephone or supplies may be paid for from the
3 appropriation.
4 (2) No expenses of any kind relating to education may be
5 paid for from the appropriation.
6 Section 1786-F. Philadelphia Traffic Court.
7 (Reserved).
8 Section 1787-F. Philadelphia Municipal Court.
9 (Reserved).
10 Section 1788-F. Judicial Conduct Board.
11 (Reserved).
12 Section 1789-F. Court of Judicial Discipline.
13 (Reserved).
14 Section 1790-F. Juror cost reimbursement.
15 (Reserved).
16 Section 1791-F. County court reimbursement.
17 County court reimbursements shall be as follows:
18 (1) Reimbursement to counties for costs incurred in the
19 administration and operation of courts of common pleas shall
20 be paid as follows:
21 (i) For each common pleas court judge, filled or
22 vacant, $70,000 per authorized position.
23 (ii) Judicial districts comprising more than one
24 county shall receive $70,000 per authorized position. The
25 amount payable to each county shall be determined by the
26 proportion of the county's population in relation to the
27 population of the entire judicial district.
28 (iii) No county shall be reimbursed for costs above
29 the actual direct costs, excluding capital outlays,
30 incurred to operate the courts of common pleas.
31 (iv) No county shall receive less than 77.5% of the
32 actual reimbursement for court costs appropriated in
33 Fiscal Year 1980-1981.
34 (v) Reimbursement shall be made to the county
35 treasurer and, in cities of the first class coterminous
36 with counties of the first class, to the city treasurer.
37 (2) (Reserved).
38 Section 1792-F. Senior judges.
39 (a) Health benefits.--Subject to subsection (b),
40 appropriations for the Superior Court, Commonwealth Court,
41 courts of common pleas, community courts, magisterial district
42 judges, the Philadelphia Municipal Court and the Philadelphia
43 Traffic Court may be used to pay for health benefits for senior
44 judges working as active or senior judges for a minimum of 75
45 days in the prior calendar year.
46 (b) Limitation.--Senior judges of the courts of common pleas
47 shall not be assigned unless adequate funds are appropriated to
48 provide compensation. A senior judge assigned in excess of
49 existing appropriations shall be compensated from the
50 appropriation for the Supreme Court.
51 Section 1793-F. Transfer of funds by Supreme Court.
52 The Supreme Court may transfer to the Judicial Department
53 during the fiscal year funds appropriated in sections 281, 282,
54 283, 284, 285, 286, 287, 290 and 291 of the General
55 Appropriation Act among any of the line items contained within
56 those sections. In order to avoid a deficit in any line items in
57 those sections, the Supreme Court may also transfer funds
58 deposited into the Judicial Computer System Augmentation Account
59 to any line items in those sections. The Supreme Court may also
HB1295A03153 - 18 -
1 transfer excess funds appropriated in those sections to the
2 Judicial Computer System Augmentation Account during the month
3 of June 2008. If the Supreme Court makes a transfer under this
4 section, the Supreme Court shall give written notification to
5 the secretary and chairman and minority chairman of the
6 Appropriations Committee of the Senate and the chairman and
7 minority chairman of the Appropriations Committee of the House
8 of Representatives ten days prior to any transfer. This section
9 shall not apply to the appropriation in section 291 of the
10 General Appropriation Act for gun courts.
11 ARTICLE XVII-G
12 2007-2008 RESTRICTIONS ON APPROPRIATIONS
13 FOR FUNDS AND ACCOUNTS
14 Section 1701-G. Applicability.
15 Except as specifically provided in this article, this article
16 applies to the General Appropriation Act of 2007.
17 Section 1702-G. State Lottery Fund.
18 (1) Funds appropriated for PENNCARE shall not be
19 utilized for administrative costs by the Department of Aging.
20 (2) (Reserved).
21 Section 1703-G. Energy Conservation and Assistance Fund.
22 No less than 75% of the appropriation for energy conservation
23 programs under the act of July 10, 1986 (P.L.1398, No.122),
24 known as the Energy Conservation and Assistance Act, shall be
25 used for programs listed as priorities in section 7(b) of the
26 Energy Conservation and Assistance Act.
27 Section 1704-G. Judicial Computer System Augmentation Account.
28 The Supreme Court and the Court Administrator of Pennsylvania
29 are prohibited from augmenting the amount appropriated to the
30 Judicial Computer System Augmentation Account by billings to
31 other appropriations to the judicial branch for the Statewide
32 Judicial Computer System or for any other purpose.
33 Section 1705-G. Emergency Medical Services Operating Fund.
34 (Reserved).
35 Section 1706-G. State Stores Fund.
36 (Reserved).
37 Section 1707-G. Motor License Fund.
38 (Reserved).
39 Section 1708-G. Hazardous Material Response Fund.
40 (Reserved).
41 Section 1709-G. Milk Marketing Fund.
42 (Reserved).
43 Section 1710-G. Home Investment Trust Fund.
44 (Reserved).
45 Section 1711-G. Tuition Payment Fund.
46 (Reserved).
47 Section 1712-G. Banking Department Fund.
48 (Reserved).
49 Section 1713-G. Firearm Records Check Fund.
50 (Reserved).
51 Section 1714-G. Ben Franklin Technology Development Authority
52 Fund.
53 Funds allocated from the appropriation for the Ben Franklin
54 Centers for Fiscal Year 2007-2008 shall not be less than the
55 allocation for Fiscal Year 2006-2007.
56 Section 1715-G. Tobacco Settlement Fund.
57 (a) Deposits.--
58 (1) Notwithstanding sections 303(b)(3) and (4) and 306
59 of the act of June 26, 2001 (P.L.755, No.77), known as the
HB1295A03153 - 19 -
1 Tobacco Settlement Act, the following shall apply:
2 (i) For Fiscal Year 2007-2008, $14,033,000 of the
3 funds derived under section 303(b)(3) of the Tobacco
4 Settlement Act shall be deposited into the Tobacco
5 Settlement Fund. This subparagraph includes $2,783,000
6 deposited in the fund under section 1715-C(a)(1)(i) but
7 not appropriated in the act of July 2, 2006 (P.L.
8 No.2A), known as the General Appropriation Act of 2006.
9 (ii) For Fiscal Year 2007-2008, $48,062,000 of the
10 funds derived under section 303(b)(4) of the Tobacco
11 Settlement Act shall be deposited into the fund. This
12 subparagraph includes $8,062,000 deposited in the fund
13 under section 1715-C(a)(1)(i) but not appropriated in the
14 General Appropriation Act of 2006.
15 (iii) For Fiscal Year 2007-2008, one-fourth of the
16 money appropriated under section 306(b)(1)(iii) of the
17 Tobacco Settlement Act may not be expended, transferred
18 or lapsed but shall remain in the fund.
19 (iv) For Fiscal Year 2007-2008, one-third of the
20 money appropriated under section 306(b)(1)(vi) of the
21 Tobacco Settlement Act may not be expended, transferred
22 or lapsed but shall remain in the fund.
23 (2) Money deposited into the fund under paragraph (1)
24 shall be appropriated for health-related purposes. If
25 applicable, the amount appropriated under this paragraph
26 shall be matched by appropriated Federal augmenting funds.
27 (b) Allocation.--Funding for local programs under section
28 708(b) of the act of June 26, 2001 (P.L.755, No.77), known as
29 the Tobacco Settlement Act, shall be allocated as follows:
30 (1) Thirty percent of grant funding to primary
31 contractors for local programs shall be allocated equally
32 among each of the 67 counties.
33 (2) The remaining 70% of grant funding to primary
34 contractors for local programs shall be allocated on a per
35 capita basis of each county with a population greater than
36 60,000. The per capita formula shall be applied only to that
37 portion of the population that is greater than 60,000 for
38 each county.
39 (3) Budgets shall be developed by each primary
40 contractor to reflect service planning and expenditures in
41 each county. Each primary contractor will ensure that
42 services are available to residents of each county and must
43 expend the allocated funds on a per-county basis pursuant to
44 paragraphs (1) and (2).
45 (4) The Department of Health shall compile a detailed
46 annual report of expenditures per county and the specific
47 programs offered in each region. This report shall be made
48 available on the Department of Health's publicly available
49 Internet website 60 days following the close of each fiscal
50 year.
51 (5) During the third quarter of the fiscal year, funds
52 which have not been spent within a service area may be
53 reallocated to support programming in the same region.
54 Section 1716-G. Community Health Reinvestment Restricted
55 Account.
56 (a) Establishment.--There is established in the State
57 Treasury a restricted receipts account in the Tobacco Settlement
58 Fund to be known as the Community Health Reinvestment Restricted
59 Account. Interest earned on money in the account shall remain in
HB1295A03153 - 20 -
1 the account.
2 (b) Agreement on community health reinvestment.--Each
3 calendar year, a corporation under 40 Pa.C.S. Ch. 61 (relating
4 to hospital plan corporations) or 63 (relating to professional
5 health services plan corporations) that is a party to the
6 Agreement on Community Health Reinvestment entered into February
7 2, 2005, by the Insurance Department and the Capital Blue Cross,
8 Highmark, Inc., Hospital Service Association of Northeastern
9 Pennsylvania and Independence Blue Cross, and published in the
10 Pennsylvania Bulletin at 35 Pa.B. 4155 (July 23, 2005), shall
11 pay to the account the amount calculated for such calendar year
12 in section 5 of the agreement, published at 35 Pa.B. 4156.
13 (c) Appropriation.--The money in the account, including all
14 interest earned, is appropriated to the Insurance Department to
15 be used in accordance with the agreement on community health
16 reinvestment described in subsection (b).
17 Section 1717-G. Health Care Provider Retention Account.
18 (Reserved).
19 Section 1718-G. (Reserved).
20 Section 1719-G. Restricted Receipt Accounts.
21 (a) General provisions.--The secretary may create restricted
22 receipt accounts for the purpose of administering Federal grants
23 only for the purposes designated in this section.
24 (b) Department of Community and Economic Development.--The
25 following restricted receipt accounts may be established for the
26 Department of Community and Economic Development:
27 (1) ARC Housing Revolving Loan Program.
28 (2) (Reserved).
29 (c) Department of Conservation and Natural Resources.--The
30 following restricted receipt accounts may be established for the
31 Department of Conservation and Natural Resources:
32 (1) Federal Aid to Volunteer Fire Companies.
33 (2) Federal Land and Water Conservation Fund Act.
34 (3) National Forest Reserve Allotment.
35 (4) Federal Land and Water Conservation Fund Act -
36 Conservation and Natural Resources.
37 (d) Department of Education.--The following restricted
38 receipt accounts may be established for the Department of
39 Education:
40 (1) Education of the Disabled - Part C.
41 (2) LSTA - Library Grants.
42 (3) The Pennsylvania State University Federal Aid.
43 (4) Emergency Immigration Education Assistance.
44 (5) Education of the Disabled - Part D.
45 (6) Homeless Adult Assistance Program.
46 (7) Severely Handicapped.
47 (8) Medical Assistance Reimbursements to Local Education
48 Agencies.
49 (e) Department of Environmental Protection.--The following
50 restricted receipt accounts may be established for the
51 Department of Environmental Protection:
52 (1) Federal Water Resources Planning Act.
53 (2) Flood Control Payments.
54 (3) Soil and Water Conservation Act - Inventory of
55 Programs.
56 (f) Department of Health.--The following restricted receipt
57 accounts may be established for the Department of Health:
58 (1) Share Loan Program.
59 (2) (Reserved).
HB1295A03153 - 21 -
1 (g) Department of Transportation.--The following restricted
2 receipt accounts may be established for the Department of
3 Transportation:
4 (1) Capital Assistance Elderly and Handicapped Programs.
5 (2) Railroad Rehabilitation and Improvement Assistance.
6 (3) Ridesharing/Van Pool Program - Acquisition.
7 (h) Pennsylvania Emergency Management Agency.--The following
8 restricted receipt accounts may be established for the
9 Pennsylvania Emergency Management Agency:
10 (1) Receipts from Federal Government - Disaster Relief -
11 Disaster Relief Assistance to State and Political
12 Subdivisions.
13 (2) (Reserved).
14 (i) Pennsylvania Historical and Museum Commission.--The
15 following restricted receipt accounts may be established for the
16 Pennsylvania Historical and Museum Commission:
17 (1) Federal Grant - National Historic Preservation Act
18 (Public Law 89-665, 80 Stat. 915).
19 (2) (Reserved).
20 (j) Executive Offices.--The following restricted receipt
21 accounts may be established for the Executive Offices:
22 (1) Retired Employees Medicare Part D.
23 (2) Justice Assistance.
24 (3) Juvenile Accountability Incentive.
25 Section 1720-G. State Gaming Fund.
26 (a) Deduction of certain appropriations.--Notwithstanding
27 the provisions of section 504(c)(1) of the act of June 27, 2006
28 (1st Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief
29 Act, funds appropriated to the Pennsylvania Gaming Control Board
30 from the State Gaming Fund shall be deducted from the amount
31 transferred to the Property Tax Relief Reserve Fund under
32 section 504(b) of the Taxpayer Relief Act and loaned to the
33 Pennsylvania Gaming Control Board for payment of the board's
34 administrative and operating expenses for the fiscal year
35 commencing July 1, 2007. Funds loaned to the board under this
36 section shall be repaid from the accounts established under 4
37 Pa.C.S. § 1401 (relating to slot machine licensee deposits) in
38 accordance with subsection (b).
39 (b) Assessment for repayment.--Notwithstanding the
40 provisions of 4 Pa.C.S. § 1901.1 (relating to repayments to
41 State Gaming Fund), the Pennsylvania Gaming Control Board shall
42 assess slot machine licensees for repayment of funds transferred
43 and loaned to the board under subsection (a) from the State
44 Gaming Fund in accordance with 4 Pa.C.S. § 1402 (relating to
45 gross terminal revenue deductions) for repayment to the Property
46 Tax Relief Reserve Fund at such time as at least 11 slot machine
47 licenses have been issued and 11 slot machine licenses have been
48 issued and 11 licensed gaming entities have commenced the
49 operation of slot machines. The board shall adopt a repayment
50 schedule that assesses to each slot machine licensee costs for
51 the repayment of amounts appropriated under this section in an
52 amount that is proportional to each slot machine licensee's
53 gross terminal revenue.
54 (c) Property tax relief.--
55 (1) Notwithstanding the provisions of section 504 of the
56 Taxpayer Relief Act, until the loan to the Pennsylvania
57 Gaming Control Board under subsection (a) is repaid, the
58 Secretary of the Budget is authorized to provide for property
59 tax relief under section 503(d) of the Taxpayer Relief Act,
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1 regardless of whether the amount deposited in the Property
2 Tax Relief Reserve Fund is less than required by section 504
3 of the Taxpayer Relief Act.
4 (2) Notwithstanding the provisions of 4 Pa.C.S. §
5 1901.1, beginning January 1, 2011, if the Secretary of the
6 Budget determines that the moneys in the Property Tax Relief
7 Reserve Fund are needed for property tax relief, the
8 secretary shall notify the Pennsylvania Gaming Control Board
9 and upon notification, the board shall immediately assess
10 each slot machine licensee for the repayment of the loan in
11 an amount that is proportional to each slot machine
12 licensee's gross terminal revenue.
13 (d) Other appropriations solely from assessment.--
14 (1) All funds for the operation of the Pennsylvania
15 State Police, Department of Revenue and Attorney General are
16 appropriated solely from an assessment on gross terminal
17 revenue from accounts under 4 Pa.C.S. § 1401 in an amount
18 equal to that appropriated by the General Assembly for Fiscal
19 Year 2007-2008. The Pennsylvania State Police, Attorney
20 General or Department of Revenue shall not assess any charge,
21 fee, cost of operations or other payment from a licensed
22 gaming entity in excess of amounts appropriated for Fiscal
23 Year 2007-2008, unless specifically authorized by law.
24 (2) This subsection shall not apply to any voluntary
25 payment made by a new slot machine licensee in accordance
26 with similar payments voluntarily made by existing licensees.
27 Section 5. Repeals are as follows:
28 (1) The General Assembly declares that the repeal under
29 paragraph (2) is necessary to effectuate the addition of
30 Article XV-A of the act.
31 (2) The act of September 26, 1961 (P.L.1661, No.692),
32 known as the State Employes Group Life Insurance Law, is
33 repealed.
34 (3) The General Assembly declares that the repeals under
35 paragraph (4) are necessary to effectuate the addition of
36 section 1508 of the act.
37 (4) The provisions of 35 Pa.C.S. §§ 7307 and 7705(c) are
38 repealed.
39 Section 6. The addition of Article XV-A of the act is a
40 continuation of the act of September 26, 1961 (P.L.1661,
41 No.692), known as the State Employes Group Life Insurance Law.
42 Except as otherwise provided under Article XV-A, all activities
43 initiated under the State Employes Group Life Insurance Law
44 shall continue and remain in full force and effect and may be
45 completed under Article XV-A. Orders, regulations, rules and
46 decisions which were made under the State Employes Group Life
47 Insurance Law and which are in effect on the effective date of
48 section 1.1 of this act shall remain in full force and effect
49 until revoked, vacated or modified under Article XV-A.
50 Contracts, obligations and collective bargaining agreements
51 entered into under the State Employes Group Life Insurance Law
52 are not affected nor impaired by the repeal of the State
53 Employes Group Life Insurance Law.
54 Section 7. The amendment of section 1737-B of the act shall
55 apply retroactively to July 1, 2006.
56 Section 8. This act shall take effect immediately.
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