SENATE AMENDED PRIOR PRINTER'S NOS. 1600, 2125 PRINTER'S NO. 2173
No. 1295 Session of 2007
INTRODUCED BY HANNA, BAKER, BELFANTI, CONKLIN, DENLINGER, FABRIZIO AND CALTAGIRONE, MAY 18, 2007
SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 29, 2007
AN ACT 1 Amending the act of July 2, 1993 (P.L.359, No.50), entitled "An <-- 2 act providing for the establishment, operation and 3 administration of the Keystone Recreation, Park and 4 Conservation Fund; designating a portion of the State Realty 5 transfer tax revenues as a funding source for the fund; 6 authorizing the incurring of indebtedness, with the approval 7 of the electorate, to provide funding for the acquisition of, 8 improvements to and the rehabilitation of parks, recreational 9 facilities, educational facilities, historic sites, zoos and 10 public libraries; imposing additional powers and duties on 11 the Department of Environmental Resources, the Department of 12 Community Affairs, the Department of Education, the 13 Pennsylvania Historical and Museum Commission, the State 14 System of Higher Education, the Pennsylvania Game Commission 15 and the Pennsylvania Fish and Boat Commission; requiring a 16 transfer from the Realty Transfer Tax Account in the General 17 Fund; and making an appropriation," further providing for 18 allocation from the Keystone Recreation, Park and 19 Conservation Fund. 1 AMENDING THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), ENTITLED, <-- 2 AS AMENDED, "AN ACT RELATING TO THE FINANCES OF THE STATE 3 GOVERNMENT; PROVIDING FOR THE SETTLEMENT, ASSESSMENT, 4 COLLECTION, AND LIEN OF TAXES, BONUS, AND ALL OTHER ACCOUNTS 5 DUE THE COMMONWEALTH, THE COLLECTION AND RECOVERY OF FEES AND 6 OTHER MONEY OR PROPERTY DUE OR BELONGING TO THE COMMONWEALTH, 7 OR ANY AGENCY THEREOF, INCLUDING ESCHEATED PROPERTY AND THE 8 PROCEEDS OF ITS SALE, THE CUSTODY AND DISBURSEMENT OR OTHER 9 DISPOSITION OF FUNDS AND SECURITIES BELONGING TO OR IN THE 10 POSSESSION OF THE COMMONWEALTH, AND THE SETTLEMENT OF CLAIMS 11 AGAINST THE COMMONWEALTH, THE RESETTLEMENT OF ACCOUNTS AND 12 APPEALS TO THE COURTS, REFUNDS OF MONEYS ERRONEOUSLY PAID TO
1 THE COMMONWEALTH, AUDITING THE ACCOUNTS OF THE COMMONWEALTH 2 AND ALL AGENCIES THEREOF, OF ALL PUBLIC OFFICERS COLLECTING 3 MONEYS PAYABLE TO THE COMMONWEALTH, OR ANY AGENCY THEREOF, 4 AND ALL RECEIPTS OF APPROPRIATIONS FROM THE COMMONWEALTH, 5 AUTHORIZING THE COMMONWEALTH TO ISSUE TAX ANTICIPATION NOTES 6 TO DEFRAY CURRENT EXPENSES, IMPLEMENTING THE PROVISIONS OF 7 SECTION 7(A) OF ARTICLE VIII OF THE CONSTITUTION OF 8 PENNSYLVANIA AUTHORIZING AND RESTRICTING THE INCURRING OF 9 CERTAIN DEBT AND IMPOSING PENALTIES; AFFECTING EVERY 10 DEPARTMENT, BOARD, COMMISSION, AND OFFICER OF THE STATE 11 GOVERNMENT, EVERY POLITICAL SUBDIVISION OF THE STATE, AND 12 CERTAIN OFFICERS OF SUCH SUBDIVISIONS, EVERY PERSON, 13 ASSOCIATION, AND CORPORATION REQUIRED TO PAY, ASSESS, OR 14 COLLECT TAXES, OR TO MAKE RETURNS OR REPORTS UNDER THE LAWS 15 IMPOSING TAXES FOR STATE PURPOSES, OR TO PAY LICENSE FEES OR 16 OTHER MONEYS TO THE COMMONWEALTH, OR ANY AGENCY THEREOF, 17 EVERY STATE DEPOSITORY AND EVERY DEBTOR OR CREDITOR OF THE 18 COMMONWEALTH," PROVIDING FOR COMMONWEALTH EMPLOYEES GROUP <-- 19 LIFE INSURANCE; FURTHER PROVIDING, IN BUDGET IMPLEMENTATION, <-- 20 FOR THE STATE SYSTEM OF HIGHER EDUCATION AND FOR BUDGET <-- 21 IMPLEMENTATION; PROVIDING FOR GENERAL BUDGET IMPLEMENTATION 22 AND FOR 2007-2008 BUDGET IMPLEMENTATION AND RESTRICTIONS ON 23 APPROPRIATIONS FOR FUNDS AND ACCOUNTS; AND MAKING A RELATED 24 REPEAL. 25 The General Assembly of the Commonwealth of Pennsylvania 26 hereby enacts as follows: 27 Section 1. Section 12 of the act of July 2, 1993 (P.L.359, <-- 28 No.50), known as the Keystone Recreation, Park and Conservation 29 Fund Act, is amended by adding a subsection to read: 30 Section 12. Allocation from fund. 31 * * * 32 (c) Notwithstanding the provisions of subsection (b), for 33 fiscal year 2006-2007 only, the entire amount of the transfer to 34 the fund under section 1106-C(d) of the act of March 4, 1971 35 (P.L.6, No.2), known as the Tax Reform Code of 1971, shall be 36 allocated to the State System of Higher Education. 37 Section 2. This act shall take effect immediately. 38 SECTION 1. SECTION 1737-B OF THE ACT OF APRIL 9, 1929 <-- 39 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE, ADDED JULY 5, 2006 40 (P.L.296, NO.66), IS AMENDED TO READ: 41 SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN <-- 20070H1295B2173 - 2 -
1 AS THE FISCAL CODE, IS AMENDED BY ADDING AN ARTICLE TO READ: 2 ARTICLE XV-A 3 COMMONWEALTH EMPLOYEES GROUP LIFE INSURANCE 4 SECTION 1501-A. DEFINITIONS. 5 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE 6 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 7 CONTEXT CLEARLY INDICATES OTHERWISE: 8 "ANNUAL PAY RATE." THE BASE PAY RATE ANNUALIZED AND, IN THE 9 CASE OF HOURLY ELIGIBLE EMPLOYEES, SHALL BE COMPUTED ON THE 10 BASIS OF EXPECTED WORK HOURS. 11 "DEPARTMENT." THE DEPARTMENT OF GENERAL SERVICES OF THE 12 COMMONWEALTH. 13 "EMPLOYEES." A PERMANENT, CONTINUOUSLY SCHEDULED EMPLOYEE OF 14 THE EXECUTIVE, JUDICIAL OR LEGISLATIVE BRANCH OF THE 15 COMMONWEALTH, ITS COMMISSIONS, BOARDS, DEPARTMENTS AND 16 AUTHORITIES. THE TERM SHALL INCLUDE MEMBERS OF THE GENERAL 17 ASSEMBLY. 18 "LIFE INSURANCE." LIFE INSURANCE PROCURED UNDER THIS 19 ARTICLE. 20 "SECRETARY." THE SECRETARY OF GENERAL SERVICES OF THE 21 COMMONWEALTH. 22 SECTION 1502-A. GROUP LIFE INSURANCE. 23 (A) PROCUREMENT BY DEPARTMENT.--EXCEPT AS PROVIDED UNDER 24 SUBSECTION (B), THE DEPARTMENT, WITH THE APPROVAL OF THE 25 GOVERNOR AND WITH THE ADVICE OF THE INSURANCE COMMISSIONER, 26 SHALL PROCURE FROM ONE OR MORE LIFE INSURANCE COMPANIES 27 AUTHORIZED TO DO BUSINESS IN THIS COMMONWEALTH A POLICY OR 28 POLICIES OF GROUP LIFE INSURANCE COVERING ELIGIBLE EMPLOYEES. 29 (B) LEGISLATIVE BRANCH.--UPON WRITTEN NOTICE TO THE 30 SECRETARY, AN INDIVIDUAL AGENCY OF THE GENERAL ASSEMBLY MAY 20070H1295B2173 - 3 -
1 PROCURE LIFE INSURANCE FOR ITS ELIGIBLE EMPLOYEES, INCLUDING 2 MEMBERS OF THE GENERAL ASSEMBLY, IN PLACE OF LIFE INSURANCE 3 AVAILABLE UNDER SUBSECTION (A). ANY LIFE INSURANCE PROCURED 4 UNDER THIS SUBSECTION SHALL, AT A MINIMUM, MEET THE REQUIREMENTS 5 OF SECTIONS 1503-A, 1504-A, 1505-A, 1506-A AND 1508-A. 6 (C) ELIGIBILITY.--AN EMPLOYEE UNDER SUBSECTION (A) OR (B) IN 7 ACTIVE SERVICE SHALL BE ELIGIBLE FOR LIFE INSURANCE UNDER THIS 8 ARTICLE IF THE EMPLOYEE HAS COMPLETED THREE MONTHS' CONTINUOUS 9 SERVICE AS AN EMPLOYEE UNDER SUBSECTION (A) OR (B). TEMPORARY 10 EMPLOYEES SHALL NOT BE ELIGIBLE. 11 SECTION 1503-A. AMOUNT. 12 (A) SCHEDULE.--THE AMOUNT OF LIFE INSURANCE FOR ANY ELIGIBLE 13 EMPLOYEE SHALL BE BASED ON THE ELIGIBLE EMPLOYEE'S ANNUAL PAY 14 RATE FROM THE COMMONWEALTH IN ACCORDANCE WITH A SCHEDULE TO BE 15 SUBMITTED ANNUALLY BY THE SECRETARY FOR PUBLICATION IN THE 16 PENNSYLVANIA BULLETIN. 17 (B) REDUCTION.--THE AMOUNT OF LIFE INSURANCE FOR ANY 18 ELIGIBLE EMPLOYEES 70 YEARS OF AGE OR OLDER SHALL BE ONE-HALF 19 THE AMOUNT OF LIFE INSURANCE PROVIDED UNDER THE SCHEDULE 20 PUBLISHED UNDER SUBSECTION (A). 21 (C) CHANGE IN AMOUNT.--ANY CHANGE IN THE AMOUNT OF LIFE 22 INSURANCE MADE NECESSARY BY A CHANGE IN PAY SHALL TAKE EFFECT ON 23 THE NEXT SUCCEEDING PROGRAM ANNIVERSARY. 24 SECTION 1504-A. CONTRIBUTIONS. 25 (A) ELIGIBLE EMPLOYEE PAYMENT.--EXCEPT AS PROVIDED UNDER 26 SUBSECTION (B), EACH ELIGIBLE EMPLOYEE COVERED BY LIFE INSURANCE 27 SHALL PAY, EITHER DIRECTLY OR BY MEANS OF A PAYROLL DEDUCTION 28 AUTHORIZED BY THE EMPLOYEE, THE COST OF THE INSURANCE IN AN 29 AMOUNT AS MAY BE DETERMINED FROM TIME TO TIME ON THE BASIS OF 30 THE ACTUAL TOTAL COSTS OF THE LIFE INSURANCE POLICY OR POLICIES 20070H1295B2173 - 4 -
1 CONTRACTED FOR BY THE COMMONWEALTH. 2 (B) COMMONWEALTH PAYMENT.--THE COMMONWEALTH MAY AGREE TO PAY 3 ALL OR ANY OF THE COSTS FOR LIFE INSURANCE. 4 SECTION 1505-A. TERMINATION. 5 (A) CESSATION.--EXCEPT AS PROVIDED UNDER SUBSECTION (B), 6 LIFE INSURANCE SHALL, SUBJECT TO ANY CONVERSION PRIVILEGE, CEASE 7 UPON THE OCCURRENCE OF ANY OF THE FOLLOWING: 8 (1) TERMINATION OF EMPLOYMENT. 9 (2) NONPAYMENT OF ANY CONTRIBUTION DUE FROM AN ELIGIBLE 10 EMPLOYEE. 11 (3) AFTER 12 CONTINUOUS MONTHS OF UNPAID ABSENCE. 12 (B) DISABILITY.--LIFE INSURANCE SHALL BE CONTINUED FOR 13 EMPLOYEES WHO TERMINATE AFTER BECOMING PERMANENTLY AND TOTALLY 14 DISABLED WHILE COVERED UNDER THIS PROGRAM. 15 SECTION 1506-A. AUTOMATIC COVERAGE. 16 (A) PROVISION FOR COVERAGE.--ANY POLICY OF LIFE INSURANCE 17 SHALL PROVIDE THAT ALL ELIGIBLE EMPLOYEES SHALL BE AUTOMATICALLY 18 COVERED COMMENCING ON THE DATE THEY FIRST BECOME ELIGIBLE. 19 (B) NOTICE.--AN EMPLOYEE DESIRING NOT TO BE COVERED BY LIFE 20 INSURANCE SHALL GIVE WRITTEN NOTICE, ON A PRESCRIBED FORM, TO 21 THE EMPLOYEE'S EMPLOYING OFFICE THAT THE EMPLOYEE DESIRES NOT TO 22 BE INSURED. IF THE NOTICE IS RECEIVED BEFORE THE EMPLOYEE 23 BECOMES INSURED UNDER THE POLICY, THE EMPLOYEE SHALL NOT BE 24 INSURED. IF THE NOTICE IS RECEIVED AFTER THE EMPLOYEE BECOMES 25 INSURED, THE EMPLOYEE'S INSURANCE UNDER THE POLICY WILL CEASE 26 EFFECTIVE WITH THE END OF THE PAY PERIOD DURING WHICH THE NOTICE 27 IS RECEIVED BY THE EMPLOYING OFFICE. 28 SECTION 1507-A. SECRETARY TO BE AGENT. 29 (A) AGENT.--EXCEPT FOR LIFE INSURANCE PROCURED UNDER SECTION 30 1502-A(B), THE SECRETARY IS EXCLUSIVELY AUTHORIZED AND SHALL 20070H1295B2173 - 5 -
1 HAVE THE DUTY TO TRANSACT ALL BUSINESS NECESSARY FOR THE PURPOSE 2 OF CONTRACTING FOR INSURANCE UNDER THIS ARTICLE. 3 (B) COMMISSION.--THE LIFE INSURANCE COMPANY OR COMPANIES 4 FROM WHOM LIFE INSURANCE IS PROCURED BY THE SECRETARY SHALL 5 COMPUTE COMMISSIONS IN ACCORDANCE WITH THEIR STANDARD PRACTICE 6 FOLLOWED IN OTHER SIMILAR PLANS. THE COMMISSIONS SHALL BE PAID 7 TO THE SECRETARY TO OFFSET ADMINISTRATIVE AND OTHER EXPENSES 8 INCURRED IN THE ADMINISTRATION OF THE INSURANCE PLAN. 9 SECTION 1508-A. APPLICABILITY OF INSURANCE LAWS. 10 ALL LIFE INSURANCE SHALL BE SUBJECT TO THE LAWS OF THIS 11 COMMONWEALTH RELATING TO INSURANCE. 12 SECTION 2. SECTION 1737-B OF THE ACT, ADDED JULY 5, 2006 13 (P.L.296, NO.66), IS AMENDED TO READ: 14 SECTION 1737-B. STATE SYSTEM OF HIGHER EDUCATION. 15 [(RESERVED).] 16 THE FOLLOWING SHALL APPLY TO EXECUTIVE AUTHORIZATIONS FROM 17 THE KEYSTONE RECREATION, PARK AND CONSERVATION FUND FOR THE 18 STATE SYSTEM OF HIGHER EDUCATION: 19 (1) NOTWITHSTANDING THE PROVISIONS OF SECTION 12(B) OF 20 THE ACT OF JULY 2, 1993 (P.L.359, NO.50), KNOWN AS THE 21 KEYSTONE RECREATION, PARK AND CONSERVATION FUND ACT, FOR 22 FISCAL YEAR 2006-2007, THE ENTIRE AMOUNT OF THE TRANSFER 23 UNDER SECTION 1106-C(D) OF THE ACT OF MARCH 4, 1971 (P.L.6, 24 NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, SHALL BE PAID TO 25 THE STATE SYSTEM OF HIGHER EDUCATION. 26 (2) (RESERVED). 27 SECTION 3. THE ACT IS AMENDED BY ADDING ARTICLES TO READ: <-- 28 ARTICLE XVII-E 29 GENERAL BUDGET IMPLEMENTATION 30 SUBARTICLE A 20070H1295B2173 - 6 -
1 PRELIMINARY PROVISIONS 2 SECTION 1701-E. APPLICABILITY. 3 THIS ARTICLE APPLIES TO APPROPRIATIONS FROM EVERY GENERAL 4 APPROPRIATION ACT. 5 SECTION 1702-E. DEFINITIONS AND ABBREVIATIONS. 6 (A) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED 7 IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 8 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: 9 "SECRETARY." THE SECRETARY OF THE BUDGET OF THE 10 COMMONWEALTH. 11 (B) ABBREVIATIONS.--THE FOLLOWING ABBREVIATIONS WHEN USED IN 12 THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 13 SECTION: 14 "AIDS." ACQUIRED IMMUNE DEFICIENCY SYNDROME. 15 "ARC." APPALACHIAN REGIONAL COMMISSION. 16 "BG." BLOCK GRANT. 17 "CCDFBG." CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT. 18 "CSBG." COMMUNITY SERVICES BLOCK GRANT. 19 "DCSI." DRUG CONTROL AND SYSTEMS IMPROVEMENT FORMULA GRANT 20 PROGRAM. 21 "DFSC." DRUG FREE SCHOOLS AND COMMUNITIES ACT. 22 "DOE." DEPARTMENT OF ENERGY. 23 "EEOC." EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. 24 "EPA." ENVIRONMENTAL PROTECTION AGENCY. 25 "ESEA." ELEMENTARY AND SECONDARY EDUCATION ACT. 26 "FEMA." FEDERAL EMERGENCY MANAGEMENT AGENCY. 27 "FTA." FEDERAL TRANSIT ADMINISTRATION. 28 "HUD." DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 29 "LIHEABG." LOW-INCOME HOME ENERGY ASSISTANCE BLOCK GRANT. 30 "LSTA." LIBRARY SERVICES AND TECHNOLOGY ACT. 20070H1295B2173 - 7 -
1 "MCHSBG." MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT. 2 "MHSBG." MENTAL HEALTH SERVICES BLOCK GRANT. 3 "MR." MENTAL RETARDATION. 4 "PAFE." PENNSYLVANIA AGRICULTURAL FOOD EXPOSITION. 5 "PHHSBG." PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT. 6 "RSAT." RESIDENTIAL SUBSTANCE ABUSE TREATMENT. 7 "SABG." SUBSTANCE ABUSE BLOCK GRANT. 8 "SCDBG." SMALL COMMUNITIES DEVELOPMENT BLOCK GRANT. 9 "SDA." SERVICE DELIVERY AREA. 10 "SSBG." SOCIAL SERVICES BLOCK GRANT. 11 "TANF." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. 12 "TANFBG." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 13 GRANT. 14 "TEFAP." TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM. 15 "WIA." WORKFORCE INVESTMENT ACT. 16 "WIC." WOMEN, INFANTS AND CHILDREN PROGRAM. 17 SECTION 1703-E. WARRANTS. 18 (RESERVED). 19 SUBARTICLE B 20 EXECUTIVE DEPARTMENT 21 SECTION 1711-E. GOVERNOR. 22 (RESERVED). 23 SECTION 1712-E. EXECUTIVE OFFICES. 24 (RESERVED). 25 SECTION 1713-E. LIEUTENANT GOVERNOR. 26 (RESERVED). 27 SECTION 1714-E. ATTORNEY GENERAL. 28 (RESERVED). 29 SECTION 1715-E. AUDITOR GENERAL. 30 (RESERVED). 20070H1295B2173 - 8 -
1 SECTION 1716-E. TREASURY DEPARTMENT. 2 (RESERVED). 3 SECTION 1717-E. DEPARTMENT OF AGING. 4 (RESERVED). 5 SECTION 1718-E. DEPARTMENT OF AGRICULTURE. 6 (RESERVED). 7 SECTION 1719-E. DEPARTMENT OF COMMUNITY AND ECONOMIC 8 DEVELOPMENT. 9 (RESERVED). 10 SECTION 1720-E. DEPARTMENT OF CONSERVATION AND NATURAL 11 RESOURCES. 12 (RESERVED). 13 SECTION 1721-E. DEPARTMENT OF CORRECTIONS. 14 (RESERVED). 15 SECTION 1722-E. DEPARTMENT OF EDUCATION. 16 (RESERVED). 17 SECTION 1723-E. DEPARTMENT OF ENVIRONMENTAL PROTECTION. 18 (RESERVED). 19 SECTION 1724-E. DEPARTMENT OF GENERAL SERVICES. 20 (RESERVED). 21 SECTION 1725-E. DEPARTMENT OF HEALTH. 22 (RESERVED). 23 SECTION 1726-E. INSURANCE DEPARTMENT. 24 (RESERVED). 25 SECTION 1727-E. DEPARTMENT OF LABOR AND INDUSTRY. 26 (RESERVED). 27 SECTION 1728-E. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS. 28 (RESERVED). 29 SECTION 1729-E. DEPARTMENT OF PUBLIC WELFARE. 30 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 20070H1295B2173 - 9 -
1 DEPARTMENT OF PUBLIC WELFARE: 2 (1) (RESERVED). 3 (2) FEDERAL AND STATE MEDICAL ASSISTANCE PAYMENTS. THE 4 FOLLOWING SHALL APPLY: 5 (I) (RESERVED). 6 (II) (RESERVED). 7 (III) (RESERVED). 8 (IV) (RESERVED). 9 (V) (RESERVED). 10 (VI) (RESERVED). 11 (VII) THE FOLLOWING SHALL APPLY TO ELIGIBILITY 12 DETERMINATIONS FOR SERVICES UNDER MEDICAL ASSISTANCE: 13 (A) UNLESS THE CUSTODIAL PARENT OR LEGALLY 14 RESPONSIBLE ADULT HAS PROVIDED TO THE DEPARTMENT, AT 15 APPLICATION OR REDETERMINATION, INFORMATION REQUIRED 16 BY THE DEPARTMENT FOR INCLUSION IN THE ANNUAL REPORT 17 UNDER CLAUSE (B), NO FUNDS FROM AN APPROPRIATION FOR 18 MEDICAL ASSISTANCE SHALL BE USED TO PAY FOR MEDICAL 19 ASSISTANCE SERVICES FOR A CHILD UNDER 21 YEARS OF 20 AGE: 21 (I) WHO HAS A SUPPLEMENTAL SECURITY INCOME 22 (SSI) LEVEL OF DISABILITY; AND 23 (II) WHOSE PARENTAL INCOME IS NOT CURRENTLY 24 CONSIDERED IN THE ELIGIBILITY DETERMINATION 25 PROCESS. 26 (B) THE DEPARTMENT SHALL SUBMIT TO THE PUBLIC 27 HEALTH AND WELFARE COMMITTEE OF THE SENATE AND THE 28 HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF 29 REPRESENTATIVES AN ANNUAL REPORT INCLUDING THE 30 FOLLOWING DATA: 20070H1295B2173 - 10 -
1 (I) FAMILY SIZE. 2 (II) HOUSEHOLD INCOME. 3 (III) COUNTY OF RESIDENCE. 4 (IV) LENGTH OF RESIDENCE IN THIS 5 COMMONWEALTH. 6 (V) THIRD-PARTY INSURANCE INFORMATION. 7 (VI) DIAGNOSIS AND TYPE AND COST OF SERVICES 8 PAID FOR BY THE MEDICAL ASSISTANCE PROGRAM ON 9 BEHALF OF EACH ELIGIBLE AND ENROLLED CHILD 10 DESCRIBED IN CLAUSE (A). 11 SECTION 1730-E. DEPARTMENT OF REVENUE. 12 (RESERVED). 13 SECTION 1731-E. DEPARTMENT OF STATE. 14 (RESERVED). 15 SECTION 1732-E. DEPARTMENT OF TRANSPORTATION. 16 (RESERVED). 17 SECTION 1733-E. PENNSYLVANIA STATE POLICE. 18 (RESERVED). 19 SECTION 1734-E. STATE CIVIL SERVICE COMMISSION. 20 (RESERVED). 21 SECTION 1735-E. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY. 22 (RESERVED). 23 SECTION 1736-E. PENNSYLVANIA FISH AND BOAT COMMISSION. 24 (RESERVED). 25 SECTION 1737-E. STATE SYSTEM OF HIGHER EDUCATION. 26 (RESERVED). 27 SECTION 1738-E. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE 28 AGENCY. 29 (RESERVED). 30 SECTION 1739-E. PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION. 20070H1295B2173 - 11 -
1 (RESERVED). 2 SECTION 1740-E. PENNSYLVANIA INFRASTRUCTURE INVESTMENT 3 AUTHORITY. 4 (RESERVED). 5 SECTION 1741-E. ENVIRONMENTAL HEARING BOARD. 6 (RESERVED). 7 SECTION 1742-E. PENNSYLVANIA BOARD OF PROBATION AND PAROLE. 8 (RESERVED). 9 SECTION 1743-E. PENNSYLVANIA PUBLIC TELEVISION NETWORK 10 COMMISSION. 11 (RESERVED). 12 SECTION 1744-E. PENNSYLVANIA SECURITIES COMMISSION. 13 (RESERVED). 14 SECTION 1745-E. STATE TAX EQUALIZATION BOARD. 15 (RESERVED). 16 SECTION 1746-E. HEALTH CARE COST CONTAINMENT COUNCIL. 17 (RESERVED). 18 SECTION 1747-E. STATE ETHICS COMMISSION. 19 (RESERVED). 20 SECTION 1748-E. STATE EMPLOYEES' RETIREMENT SYSTEM. 21 (RESERVED). 22 SECTION 1749-E. THADDEUS STEVENS COLLEGE OF TECHNOLOGY. 23 (RESERVED). 24 SECTION 1750-E. PENNSYLVANIA HOUSING FINANCE AGENCY. 25 (RESERVED). 26 SECTION 1751-E. LIHEABG. 27 THE FOLLOWING SHALL APPLY TO EXPENDITURES: 28 (1) THE DEPARTMENT OF PUBLIC WELFARE MAY, UPON APPROVAL 29 OF THE SECRETARY, MAKE TRANSFERS OF FEDERAL FUNDS 30 APPROPRIATED TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC 20070H1295B2173 - 12 -
1 DEVELOPMENT FROM LIHEABG FOR WEATHERIZATION AND 2 ADMINISTRATION IF THE TRANSFER WILL NOT RESULT IN A DEFICIT 3 IN ANY APPROPRIATION FROM WHICH FUNDS ARE TRANSFERRED. 4 (2) UNEXPENDED WEATHERIZATION FUNDS WHICH WOULD RESULT 5 IN LIHEABG FUNDS BEING RETURNED TO THE DEPARTMENT OF HEALTH 6 AND HUMAN SERVICES MAY BE SPENT FOR ASSISTANCE GRANTS AT THE 7 DISCRETION OF THE SECRETARY. 8 (3) THE SECRETARY SHALL PROVIDE TEN DAYS' PRIOR 9 NOTIFICATION OF A TRANSFER UNDER PARAGRAPH (1) OR (2) TO THE 10 CHAIRMAN AND THE MINORITY CHAIRMAN OF THE APPROPRIATIONS 11 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY 12 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF 13 REPRESENTATIVES. 14 SECTION 1752-E. BUDGET STABILIZATION RESERVE FUND. 15 (RESERVED). 16 SUBARTICLE C 17 LEGISLATIVE DEPARTMENT 18 SECTION 1761-E. SENATE. 19 (RESERVED). 20 SECTION 1762-E. HOUSE OF REPRESENTATIVES. 21 (RESERVED). 22 SECTION 1763-E. LEGISLATIVE REFERENCE BUREAU. 23 (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 24 CONTRARY, INCLUDING 62 PA.C.S. (RELATING TO PROCUREMENT), THE 25 PENNSYLVANIA CONSOLIDATED STATUTES, ADVANCE COPIES OF 26 STATUTES, VOLUMES OF THE LAWS OF PENNSYLVANIA AND OTHER 27 PUBLICATIONS SHALL BE PRINTED UNDER CONTRACTS ENTERED INTO BY 28 THE LEGISLATIVE REFERENCE BUREAU AND DISTRIBUTED AS 29 DETERMINED BY THE BUREAU. MONEY FROM SALES SHALL BE PAID TO 30 THE BUREAU OR THE DEPARTMENT OF GENERAL SERVICES, AS THE 20070H1295B2173 - 13 -
1 BUREAU SHALL DETERMINE; AND THAT MONEY SHALL BE PAID INTO THE 2 STATE TREASURY TO THE CREDIT OF THE GENERAL FUND. MONEY FROM 3 SALES IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE 4 LEGISLATIVE REFERENCE BUREAU FOR THE EDITING, PRINTING AND 5 DISTRIBUTION OF THE PENNSYLVANIA CONSOLIDATED STATUTES, 6 ADVANCE COPIES OF STATUTES, VOLUMES OF THE LAWS OF 7 PENNSYLVANIA AND OTHER PUBLICATIONS AND FOR RELATED EXPENSES. 8 (2) CONTINGENT EXPENSES CONNECTED WITH THE WORK OF THE 9 BUREAU SHALL BE PAID ON WARRANTS OF THE STATE TREASURER IN 10 FAVOR OF THE DIRECTOR ON THE PRESENTATION OF THE DIRECTOR'S 11 REQUISITIONS. 12 (3) THE DIRECTOR SHALL FILE AN ACCOUNTING OF THE 13 CONTINGENT EXPENSES, TOGETHER WITH SUPPORTING DOCUMENTS 14 WHENEVER POSSIBLE, IN THE OFFICE OF THE BUREAU. 15 SECTION 1764-E. LEGISLATIVE BUDGET AND FINANCE COMMITTEE. 16 (RESERVED). 17 SECTION 1765-E. LEGISLATIVE DATA PROCESSING COMMITTEE. 18 (RESERVED). 19 SECTION 1766-E. JOINT STATE GOVERNMENT COMMISSION. 20 (RESERVED). 21 SECTION 1767-E. LOCAL GOVERNMENT COMMISSION. 22 (RESERVED). 23 SECTION 1768-E. JOINT LEGISLATIVE AIR AND WATER POLLUTION 24 CONTROL AND CONSERVATION COMMITTEE. 25 (RESERVED). 26 SECTION 1769-E. LEGISLATIVE AUDIT ADVISORY COMMISSION. 27 (RESERVED). 28 SECTION 1770-E. INDEPENDENT REGULATORY REVIEW COMMISSION. 29 (RESERVED). 30 SECTION 1771-E. CAPITOL PRESERVATION COMMITTEE. 20070H1295B2173 - 14 -
1 (RESERVED). 2 SECTION 1772-E. PENNSYLVANIA COMMISSION ON SENTENCING. 3 (RESERVED). 4 SECTION 1773-E. CENTER FOR RURAL PENNSYLVANIA. 5 (RESERVED). 6 SECTION 1774-E. COMMONWEALTH MAIL PROCESSING CENTER. 7 (RESERVED). 8 SECTION 1775-E. CHIEF CLERK OF THE SENATE AND CHIEF CLERK OF 9 THE HOUSE OF REPRESENTATIVES. 10 (RESERVED). 11 SUBARTICLE D 12 JUDICIAL DEPARTMENT 13 SECTION 1781-E. SUPREME COURT. 14 (RESERVED). 15 SECTION 1782-E. SUPERIOR COURT. 16 (RESERVED). 17 SECTION 1783-E. COMMONWEALTH COURT. 18 (RESERVED). 19 SECTION 1784-E. COURTS OF COMMON PLEAS. 20 (RESERVED). 21 SECTION 1785-E. COMMUNITY COURTS - MAGISTERIAL DISTRICT JUDGES. 22 (RESERVED). 23 SECTION 1786-E. PHILADELPHIA TRAFFIC COURT. 24 (RESERVED). 25 SECTION 1787-E. PHILADELPHIA MUNICIPAL COURT. 26 (RESERVED). 27 SECTION 1788-E. JUDICIAL CONDUCT BOARD. 28 (RESERVED). 29 SECTION 1789-E. COURT OF JUDICIAL DISCIPLINE. 30 (RESERVED). 20070H1295B2173 - 15 -
1 SECTION 1790-E. JUROR COST REIMBURSEMENT. 2 (RESERVED). 3 SECTION 1791-E. COUNTY COURT REIMBURSEMENT. 4 (RESERVED). 5 SECTION 1792-E. SENIOR JUDGES. 6 (RESERVED). 7 SECTION 1793-E. TRANSFER OF FUNDS BY SUPREME COURT. 8 (RESERVED). 9 SUBARTICLE E 10 RESTRICTIONS ON APPROPRIATIONS 11 FOR FUNDS AND ACCOUNTS 12 SECTION 1799-E. STATE GAMING FUND. 13 (A) TRANSFERS FOR VOLUNTEER FIRE COMPANY AND VOLUNTEER 14 AMBULANCE SERVICE GRANT ACT.--COMMENCING WITH FISCAL YEAR 2007- 15 2008 AND CONTINUING ANNUALLY THEREAFTER, THE SUM OF $25,000,000 16 SHALL BE TRANSFERRED FROM THE STATE GAMING FUND TO THE GENERAL 17 FUND AND IS HEREBY APPROPRIATED ON A CONTINUING BASIS TO THE 18 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY FOR THE PURPOSE OF 19 MAKING GRANTS IN ACCORDANCE WITH CHAPTER 7 OF THE ACT OF JULY 20 31, 2003 (P.L.73, NO.17), KNOWN AS THE VOLUNTEER FIRE COMPANY 21 AND VOLUNTEER AMBULANCE SERVICE GRANT ACT. ANNUALLY THE SUM OF 22 $22,000,000 SHALL BE EXPENDED FOR THE PURPOSE OF MAKING GRANTS 23 TO ELIGIBLE VOLUNTEER FIRE COMPANIES PURSUANT TO CHAPTER 3 OF 24 THE VOLUNTEER FIRE COMPANY AND VOLUNTEER AMBULANCE SERVICE GRANT 25 ACT. ANNUALLY THE SUM OF $3,000,000 SHALL BE EXPENDED FOR THE 26 PURPOSE OF MAKING GRANTS TO ELIGIBLE VOLUNTEER AMBULANCE 27 SERVICES PURSUANT TO CHAPTER 5 OF THE VOLUNTEER FIRE COMPANY AND 28 VOLUNTEER AMBULANCE SERVICE GRANT ACT. 29 (B) PROVISION OF DOCUMENTS.--NOTWITHSTANDING ANY OTHER LAW 30 TO THE CONTRARY, THE PENNSYLVANIA GAMING CONTROL BOARD SHALL 20070H1295B2173 - 16 -
1 PROVIDE ALL DOCUMENTS, FILES, RECORDS AND ACCOUNTS TO A MEMBER 2 OF THE GENERAL ASSEMBLY OR THE STAFF OF A MEMBER OR COMMITTEE OF 3 THE GENERAL ASSEMBLY WITHIN THREE DAYS OF THE WRITTEN OR ORAL 4 REQUEST OF THE MEMBER OR STAFF MEMBER. THIS SUBSECTION SHALL 5 APPLY TO ANY DOCUMENT, FILE, POLICY DIRECTIVE, MEMORANDUM OF 6 UNDERSTANDING, OPERATIONS MATERIALS OR ANY OTHER RECORDS IN THE 7 BOARD'S POSSESSION OR CONTROL WITH THE EXCEPTION OF EMPLOYEE 8 DISCIPLINARY INFORMATION OR PERSONAL IDENTIFICATION INFORMATION 9 OF AN EMPLOYEE OF THE BOARD, INCLUDING HOME TELEPHONE NUMBER, 10 HOME ADDRESS OR SOCIAL SECURITY NUMBER. THE BOARD MAY REDACT 11 INFORMATION THAT CONSTITUTES A TRADE SECRET OF AN APPLICANT OR 12 GAMING ENTITY OR INFORMATION PROTECTED UNDER 4 PA.C.S. § 1206(F) 13 (RELATING TO BOARD MINUTES AND RECORDS). 14 (C) PERFORMANCE AUDIT.--A PERFORMANCE AUDIT OF THE 15 PENNSYLVANIA GAMING CONTROL BOARD BY THE AUDITOR GENERAL SHALL 16 BE PAID FOR FROM FUNDS APPROPRIATED TO THE AUDITOR GENERAL. 17 (D) UTILIZATION.--THE BOARD SHALL NOT ENCUMBER OR COMMIT 18 FUNDS OBTAINED FROM ANY SOURCE, INCLUDING A COMMERCIAL LOAN OR 19 THE SALE OF GAMING RECEIPTS, UNLESS APPROPRIATED BY THE GENERAL 20 ASSEMBLY. 21 ARTICLE XVII-F 22 2007-2008 BUDGET IMPLEMENTATION 23 SUBARTICLE A 24 PRELIMINARY PROVISIONS 25 SECTION 1701-F. APPLICABILITY. 26 EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE 27 APPLIES TO THE GENERAL APPROPRIATION ACT OF 2007. 28 SECTION 1702-F. DEFINITIONS AND ABBREVIATIONS. 29 (A) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED 30 IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 20070H1295B2173 - 17 -
1 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: 2 "GENERAL APPROPRIATION ACT." THE ACT OF , 2007 3 (P.L. , NO. ), KNOWN AS THE GENERAL APPROPRIATION ACT OF 4 2007. 5 "SECRETARY." THE SECRETARY OF THE BUDGET OF THE 6 COMMONWEALTH. 7 (B) ABBREVIATIONS.--THE FOLLOWING ABBREVIATIONS WHEN USED IN 8 THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 9 SECTION: 10 "AIDS." ACQUIRED IMMUNE DEFICIENCY SYNDROME. 11 "ARC." APPALACHIAN REGIONAL COMMISSION. 12 "BG." BLOCK GRANT. 13 "CCDFBG." CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT. 14 "CSBG." COMMUNITY SERVICES BLOCK GRANT. 15 "DCSI." DRUG CONTROL AND SYSTEMS IMPROVEMENT FORMULA GRANT 16 PROGRAM. 17 "DFSC." DRUG FREE SCHOOLS AND COMMUNITIES ACT. 18 "DOE." DEPARTMENT OF ENERGY. 19 "EEOC." EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. 20 "EPA." ENVIRONMENTAL PROTECTION AGENCY. 21 "ESEA." ELEMENTARY AND SECONDARY EDUCATION ACT. 22 "FEMA." FEDERAL EMERGENCY MANAGEMENT AGENCY. 23 "FTA." FEDERAL TRANSIT ADMINISTRATION. 24 "HUD." DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 25 "LIHEABG." LOW-INCOME HOME ENERGY ASSISTANCE BLOCK GRANT. 26 "LSTA." LIBRARY SERVICES AND TECHNOLOGY ACT. 27 "MCHSBG." MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT. 28 "MHSBG." MENTAL HEALTH SERVICES BLOCK GRANT. 29 "MR." MENTAL RETARDATION. 30 "PAFE." PENNSYLVANIA AGRICULTURAL FOOD EXPOSITION. 20070H1295B2173 - 18 -
1 "PHHSBG." PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT. 2 "RSAT." RESIDENTIAL SUBSTANCE ABUSE TREATMENT. 3 "SABG." SUBSTANCE ABUSE BLOCK GRANT. 4 "SCDBG." SMALL COMMUNITIES DEVELOPMENT BLOCK GRANT. 5 "SDA." SERVICE DELIVERY AREA. 6 "SSBG." SOCIAL SERVICES BLOCK GRANT. 7 "TANF." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. 8 "TANFBG." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 9 GRANT. 10 "TEFAP." TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM. 11 "WIA." WORKFORCE INVESTMENT ACT. 12 "WIC." WOMEN, INFANTS AND CHILDREN PROGRAM. 13 SECTION 1703-F. WARRANTS. 14 (RESERVED). 15 SUBARTICLE B 16 EXECUTIVE DEPARTMENT 17 SECTION 1711-F. GOVERNOR. 18 (RESERVED). 19 SECTION 1712-F. EXECUTIVE OFFICES. 20 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE EXECUTIVE 21 OFFICES IN THE GENERAL APPROPRIATION ACT: 22 (1) PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY. 23 (I) FUNDS REMAINING AFTER APPLICATION OF SECTION 202 24 OF THE GENERAL APPROPRIATION ACT FOR THE APPROPRIATION 25 FOR GRANTS-IN-AID FOR INTERMEDIATE PUNISHMENT PROGRAMS 26 SHALL BE DISTRIBUTED TO COUNTIES BASED ON THE FOLLOWING 27 FORMULA: 28 (A) FIFTY PERCENT SHALL BE BASED ON THE 29 PROPORTION OF OFFENDERS DIVERTED FROM THE COUNTY 30 PRISON SYSTEM TO COUNTY INTERMEDIATE PUNISHMENT 20070H1295B2173 - 19 -
1 PROGRAMS. 2 (B) FIFTY PERCENT SHALL BE BASED ON THE 3 PROPORTION OF OFFENDERS DIVERTED FROM THE STATE 4 CORRECTIONAL SYSTEM TO THE COUNTY PRISON SYSTEM. 5 (2) GRANTS FOR SPECIALIZED PROBATION SERVICES, INCLUDING 6 SCHOOL-BASED, COMMUNITY-BASED, INTENSIVE SUPERVISION AND 7 AFTERCARE SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH 8 STANDARDS ADOPTED BY THE JUVENILE COURT JUDGES COMMISSION. 9 SECTION 1713-F. LIEUTENANT GOVERNOR. 10 (RESERVED). 11 SECTION 1714-F. ATTORNEY GENERAL. 12 (RESERVED). 13 SECTION 1715-F. AUDITOR GENERAL. 14 FUNDS APPROPRIATED TO THE DEPARTMENT OF THE AUDITOR GENERAL 15 SHALL BE FOR THE PURPOSE OF PERFORMING POSTAUDITS IN ACCORDANCE 16 WITH GENERALLY ACCEPTED GOVERNMENT AUDITING STANDARDS. 17 SECTION 1716-F. TREASURY DEPARTMENT. 18 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS TO THE TREASURY 19 DEPARTMENT IN THE GENERAL APPROPRIATION ACT: 20 (1) PAYMENTS FOR THE COMMONWEALTH'S PORTION OF EXPENSES 21 OF COUNCILS, COMMISSIONS, CONFERENCES, BOARDS, ASSOCIATIONS, 22 COALITIONS AND INSTITUTES SHALL BE MADE ONLY ON REQUISITION 23 OF THE GOVERNOR ON BEHALF OF THE ORGANIZATION, WHICH SHALL 24 FILE AN ACCOUNTING OF EXPENSES WITH THE AUDITOR GENERAL. 25 (2) (RESERVED). 26 SECTION 1717-F. DEPARTMENT OF AGING. 27 (RESERVED). 28 SECTION 1718-F. DEPARTMENT OF AGRICULTURE. 29 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 30 DEPARTMENT OF AGRICULTURE IN THE GENERAL APPROPRIATION ACT: 20070H1295B2173 - 20 -
1 (1) NO EXPENDITURES MAY BE MADE FROM THE APPROPRIATION 2 FOR THE PAYMENT TO THE STATE FARM PRODUCTS SHOW FUND OR FROM 3 THE STATE FARM PRODUCTS SHOW FUND FOR ANY ACTIVITIES 4 ASSOCIATED WITH THE PAFE UNLESS SUCH ACTIVITIES TAKE PLACE ON 5 THE PREMISES OF THE FARM SHOW COMPLEX, HARRISBURG, 6 PENNSYLVANIA. 7 (2) THE DEPARTMENT MAY MAKE ALLOCATIONS OF 8 APPROPRIATIONS FOR DEVELOPMENT AND OPERATION OF AN OPEN 9 LIVESTOCK SHOW, FOR PLANNING AND STAGING OF AN OPEN DAIRY 10 SHOW AND FOR PROMOTION AND HOLDING OF ANNUAL LOCAL, REGIONAL 11 AND STATE 4H CLUBS AND FUTURE FARMERS OF AMERICA DAIRY SHOWS 12 AS IT DEEMS APPROPRIATE, TO AN ASSOCIATION WHOSE PURPOSES ARE 13 IN ACCORD WITH THE PURPOSES AND INTENT OF THE APPROPRIATIONS. 14 ALLOCATIONS UNDER THIS PARAGRAPH SHALL BE USED FOR THE 15 DEVELOPMENT AND OPERATION OF LIVESTOCK, DAIRY AND JUNIOR 16 DAIRY SHOWS IN THE PENNSYLVANIA FARM SHOW COMPLEX, PROVIDED, 17 THAT THE FUNDS ALLOCATED BY THE DEPARTMENT SHALL ONLY BE USED 18 FOR THE SPECIFIC ITEMS APPROVED BY THE DEPARTMENT IN ADVANCE. 19 SECTION 1719-F. DEPARTMENT OF COMMUNITY AND ECONOMIC 20 DEVELOPMENT. 21 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 22 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT IN THE GENERAL 23 APPROPRIATION ACT: 24 (1) GRANTS FROM FUNDS APPROPRIATED FOR COMMUNITY 25 REVITALIZATION AND ASSISTANCE SHALL BE AWARDED ONLY AFTER 26 PROGRAM GUIDELINES, SCHEDULES AND APPLICATION PROCEDURES ARE 27 ESTABLISHED BY THE DEPARTMENT AND PUBLISHED IN THE 28 PENNSYLVANIA BULLETIN. 29 (2) NO MORE THAN 20% OF FUNDS APPROPRIATED FOR GRANTS 30 UNDER THE ACT OF MAY 20, 1949 (P.L.1633, NO.493), KNOWN AS 20070H1295B2173 - 21 -
1 THE HOUSING AND REDEVELOPMENT ASSISTANCE LAW, SHALL BE 2 ALLOCATED TO ANY ONE POLITICAL SUBDIVISION. 3 SECTION 1720-F. DEPARTMENT OF CONSERVATION AND NATURAL 4 RESOURCES. 5 (RESERVED). 6 SECTION 1721-F. DEPARTMENT OF CORRECTIONS. 7 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 8 DEPARTMENT OF CORRECTIONS IN THE GENERAL APPROPRIATION ACT: 9 (1) WHEN MAKING EXPENDITURES FROM APPROPRIATIONS FOR THE 10 OPERATION OF STATE CORRECTIONAL INSTITUTIONS, THE DEPARTMENT 11 OF CORRECTIONS SHALL GIVE CONSIDERATION TO MINIMUM RELIEF 12 FACTOR VALUES CALCULATED WHEN DETERMINING STAFFING LEVELS FOR 13 CORRECTIONS OFFICERS AND FOOD SERVICE INSTRUCTORS AT EACH 14 STATE CORRECTIONAL INSTITUTION. 15 (2) (RESERVED). 16 SECTION 1722-F. DEPARTMENT OF EDUCATION. 17 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS OF THE DEPARTMENT 18 OF EDUCATION IN THE GENERAL APPROPRIATION ACT: 19 (1) ANNUAL PAYMENTS FROM THE APPROPRIATION TO 20 INSTITUTIONS OF HIGHER LEARNING FOR DEFRAYING THE EXPENSES OF 21 DEAF OR BLIND STUDENTS SHALL NOT EXCEED $500 PER STUDENT. 22 (2) (RESERVED). 23 SECTION 1723-F. DEPARTMENT OF ENVIRONMENTAL PROTECTION. 24 (RESERVED). 25 SECTION 1724-F. DEPARTMENT OF GENERAL SERVICES. 26 (RESERVED). 27 SECTION 1725-F. DEPARTMENT OF HEALTH. 28 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 29 DEPARTMENT OF HEALTH IN THE GENERAL APPROPRIATION ACT: 30 (1) FUNDS APPROPRIATED FOR LUPUS PROGRAMS SHALL BE 20070H1295B2173 - 22 -
1 DISTRIBUTED IN THE SAME PROPORTION AS DISTRIBUTED IN FISCAL 2 YEAR 2006-2007. 3 (2) FUNDS APPROPRIATED FOR ARTHRITIS OUTREACH AND 4 EDUCATION SHALL BE EQUITABLY DISTRIBUTED AMONG THE CENTRAL, 5 WESTERN AND EASTERN REGIONS OF THIS COMMONWEALTH BASED ON THE 6 RATIO OF POPULATION SERVED IN EACH REGION TO THE TOTAL 7 POPULATION SERVED IN THIS COMMONWEALTH. 8 SECTION 1726-F. INSURANCE DEPARTMENT. 9 (RESERVED). 10 SECTION 1727-F. DEPARTMENT OF LABOR AND INDUSTRY. 11 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 12 DEPARTMENT OF LABOR AND INDUSTRY IN THE GENERAL APPROPRIATION 13 ACT: 14 (1) THE APPROPRIATION FOR PAYMENT TO THE VOCATIONAL 15 REHABILITATION FUND FOR WORK OF THE STATE BOARD OF VOCATIONAL 16 REHABILITATION INCLUDES $2,584,000 FOR A STATEWIDE 17 PROFESSIONAL SERVICE PROVIDER ASSOCIATION FOR THE BLIND TO 18 PROVIDE SPECIALIZED SERVICES AND PREVENTION OF BLINDNESS 19 SERVICES AND $518,000 TO PROVIDE SPECIALIZED SERVICES AND 20 PREVENTION OF BLINDNESS SERVICES IN CITIES OF THE FIRST 21 CLASS. 22 (2) FOR THE "REED ACT-UNEMPLOYMENT INSURANCE" AND "REED 23 ACT-EMPLOYMENT SERVICES AND UNEMPLOYMENT INSURANCE" 24 APPROPRIATIONS, THE TOTAL AMOUNT WHICH MAY BE OBLIGATED SHALL 25 NOT EXCEED THE LIMITATIONS UNDER SECTION 903 OF THE SOCIAL 26 SECURITY ACT (49 STAT. 620, 42 U.S.C. § 1103). 27 SECTION 1728-F. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS. 28 (RESERVED). 29 SECTION 1729-F. DEPARTMENT OF PUBLIC WELFARE. 30 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 20070H1295B2173 - 23 -
1 DEPARTMENT OF PUBLIC WELFARE FROM THE GENERAL APPROPRIATION ACT: 2 (1) AUTHORIZED TRANSFERS FOR CHILD CARE SERVICES. THE 3 FOLLOWING SHALL APPLY: 4 (I) THE DEPARTMENT, UPON APPROVAL OF THE SECRETARY, 5 MAY TRANSFER FEDERAL FUNDS APPROPRIATED FOR TANFBG CHILD 6 CARE ASSISTANCE TO THE CCDFBG CHILD CARE SERVICES 7 APPROPRIATION TO PROVIDE CHILD CARE SERVICES TO 8 ADDITIONAL LOW INCOME FAMILIES IF THE TRANSFER OF FUNDS 9 WILL NOT RESULT IN A DEFICIT IN THE APPROPRIATION. THE 10 SECRETARY SHALL PROVIDE NOTICE TEN DAYS PRIOR TO A 11 TRANSFER UNDER THIS SUBPARAGRAPH TO THE CHAIRMAN AND 12 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE 13 SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF THE 14 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES. 15 (II) THE DEPARTMENT, UPON APPROVAL OF THE SECRETARY, 16 MAY TRANSFER FEDERAL FUNDS APPROPRIATED FOR CCDFBG CHILD 17 CARE ASSISTANCE TO THE CCDFBG CHILD CARE SERVICES 18 APPROPRIATION TO PROVIDE CHILD CARE SERVICES TO 19 ADDITIONAL LOW INCOME FAMILIES PROVIDED THAT THE TRANSFER 20 OF FUNDS WILL NOT RESULT IN A DEFICIT IN THE 21 APPROPRIATION. THE SECRETARY SHALL PROVIDE NOTICE TEN 22 DAYS PRIOR TO A TRANSFER UNDER THIS SUBPARAGRAPH TO THE 23 CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS 24 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND THE MINORITY 25 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF 26 REPRESENTATIVES. 27 (2) FEDERAL AND STATE MEDICAL ASSISTANCE PAYMENTS. THE 28 FOLLOWING SHALL APPLY: 29 (I) WHEN MAKING PAYMENTS FOR MEDICAL ASSISTANCE 30 OUTPATIENT OR CAPITATION SERVICES, THE DEPARTMENT SHALL 20070H1295B2173 - 24 -
1 NOT REQUIRE A RECIPIENT TO OBTAIN A PHYSICIAN REFERRAL IN 2 ORDER TO RECEIVE CHIROPRACTIC SERVICES. 3 (II) NO FUNDS APPROPRIATED FOR APPROVED CAPITATION 4 PLANS SHALL BE USED TO PAY A PROVIDER WHO FAILS TO SUPPLY 5 INFORMATION IN A FORM REQUIRED BY THE DEPARTMENT IN ORDER 6 TO FACILITATE CLAIMS FOR FEDERAL FINANCIAL PARTICIPATION 7 FOR SERVICES RENDERED TO GENERAL ASSISTANCE CLIENTS. 8 (III) FOR FISCAL YEAR 2007-2008, THE DEPARTMENT 9 SHALL NOT MAKE APPLICATION FOR AN APPROVAL OF 10 MODIFICATION TO ITS STATE PLAN OR A WAIVER OR AN 11 AMENDMENT TO A WAIVER FOR MEDICAL ASSISTANCE AS PROVIDED 12 UNDER THE SOCIAL SECURITY ACT (49 STAT. 620, 42 U.S.C. § 13 301 ET SEQ.) REGARDING PHARMACEUTICAL SERVICES PROVIDED 14 THROUGH THE COMMONWEALTH'S HEALTHCHOICES PROGRAM OR TAKE 15 ANY OTHER ACTION TO REMOVE PHARMACEUTICAL SERVICES AS A 16 COVERED BENEFIT FROM THE HEALTHCHOICES PROGRAM. FUNDS 17 APPROPRIATED FOR PHARMACEUTICAL SERVICES PROVIDED THROUGH 18 CONTRACTS WITH MANAGED CARE CONTRACTORS UNDER THE 19 HEALTHCHOICES PROGRAM SHALL REMAIN IN THE HEALTHCHOICES 20 PROGRAM TO PROVIDE SUCH SERVICES FOR INDIVIDUALS 21 PARTICIPATING IN THE PROGRAM. 22 (IV) FOR FISCAL YEAR 2007-2008, THE DEPARTMENT SHALL 23 CONTINUE TO ADMINISTER A PROGRAM OF VOLUNTARY MANAGED 24 CARE FOR PHYSICAL HEALTH SERVICES THROUGH CONTRACTS WITH 25 MANAGED CARE ORGANIZATIONS FOR MEDICAL ASSISTANCE 26 RECIPIENTS RESIDING OUTSIDE THE GEOGRAPHIC AREAS WHERE 27 MANDATORY MANAGED CARE IS PROVIDED. MANAGED CARE 28 CONTRACTORS PARTICIPATING IN THE VOLUNTARY MANAGED CARE 29 PROGRAM SHALL PROVIDE SUBSTANTIALLY THE SAME PHYSICAL 30 HEALTH CARE BENEFITS AS ARE MADE AVAILABLE TO RECIPIENTS 20070H1295B2173 - 25 -
1 UNDER THE MANDATORY MANAGED CARE PROGRAM. THE DEPARTMENT 2 SHALL ALLOW RECIPIENTS TO VOLUNTARILY PARTICIPATE IN A 3 MANAGED CARE PLAN AND NOTIFY THE RECIPIENTS OF THEIR 4 CHOICES AMONG CONTRACTORS OR FEE-FOR-SERVICE MEDICAID. 5 (V) FOR FISCAL YEAR 2007-2008, ADDITIONAL FEDERAL 6 AND STATE INPATIENT FUNDING IS INCLUDED TO PROVIDE FOR 7 COMMUNITY ACCESS FUND PAYMENTS. PAYMENTS TO HOSPITALS FOR 8 COMMUNITY ACCESS FUND GRANTS SHALL BE DISTRIBUTED UNDER 9 THE FORMULAS UTILIZED FOR THESE GRANTS IN FISCAL YEAR 10 2006-2007. 11 (VI) QUALIFYING STATE-RELATED ACADEMIC MEDICAL 12 CENTERS SHALL NOT RECEIVE ANY LESS FUNDING THAN RECEIVED 13 FOR THE FISCAL YEAR 2004-2005 STATE APPROPRIATION LEVEL 14 IF FEDERAL FUNDING FOR ACADEMIC MEDICAL CENTERS IS NOT 15 MADE AVAILABLE TO THOSE ACADEMIC MEDICAL CENTERS DURING 16 FISCAL YEAR 2007-2008. 17 (VII) FUNDS APPROPRIATED FOR MEDICAL ASSISTANCE 18 TRANSPORTATION SHALL ONLY BE UTILIZED AS A PAYMENT OF 19 LAST RESORT FOR TRANSPORTATION FOR ELIGIBLE MEDICAL 20 ASSISTANCE RECIPIENTS. 21 (3) ANY RULE, REGULATION OR POLICY FOR THE FEDERAL OR 22 STATE APPROPRIATIONS FOR THE CASH ASSISTANCE, OUTPATIENT, 23 INPATIENT, CAPITATION, BEHAVIORAL HEALTH, LONG-TERM CARE AND 24 SUPPLEMENTAL GRANTS TO THE AGED, BLIND AND DISABLED, CHILD 25 CARE AND ATTENDANT CARE PROGRAMS ADOPTED BY THE SECRETARY OF 26 PUBLIC WELFARE DURING THE FISCAL YEAR WHICH ADDS TO THE COST 27 OF ANY PUBLIC ASSISTANCE PROGRAM SHALL BE EFFECTIVE ONLY FROM 28 AND AFTER THE DATE UPON WHICH IT IS APPROVED AS TO THE 29 AVAILABILITY OF FUNDS BY THE GOVERNOR. 30 (4) WOMEN'S SERVICE PROGRAMS. THE FOLLOWING SHALL APPLY: 20070H1295B2173 - 26 -
1 (I) FUNDS APPROPRIATED FOR WOMEN'S SERVICE PROGRAMS 2 GRANTS TO NONPROFIT AGENCIES WHOSE PRIMARY FUNCTION IS TO 3 PROVIDE ALTERNATIVES TO ABORTION SHALL BE EXPENDED TO 4 PROVIDE SERVICES TO WOMEN UNTIL CHILDBIRTH AND FOR UP TO 5 12 MONTHS THEREAFTER, INCLUDING FOOD, SHELTER, CLOTHING, 6 HEALTH CARE, COUNSELING, ADOPTION SERVICES, PARENTING 7 CLASSES, ASSISTANCE FOR POSTDELIVERY STRESS AND OTHER 8 SUPPORTIVE PROGRAMS AND SERVICES AND FOR RELATED OUTREACH 9 PROGRAMS. AGENCIES MAY SUBCONTRACT WITH OTHER NONPROFIT 10 ENTITIES WHICH OPERATE PROJECTS DESIGNED SPECIFICALLY TO 11 PROVIDE ALL OR A PORTION OF THESE SERVICES. PROJECTS 12 RECEIVING FUNDS REFERRED TO IN THIS SUBPARAGRAPH SHALL 13 NOT PROMOTE, REFER FOR OR PERFORM ABORTIONS OR ENGAGE IN 14 ANY COUNSELING WHICH IS INCONSISTENT WITH THE 15 APPROPRIATION REFERRED TO IN THIS SUBPARAGRAPH AND SHALL 16 BE PHYSICALLY AND FINANCIALLY SEPARATE FROM ANY COMPONENT 17 OF ANY LEGAL ENTITY ENGAGING IN SUCH ACTIVITIES. 18 (II) FUNDS APPROPRIATED FOR WOMEN'S SERVICE PROGRAMS 19 SHALL BE USED FOR WOMEN'S MEDICAL SERVICES, INCLUDING 20 NONINVASIVE CONTRACEPTION SUPPLIES. 21 (III) FEDERAL FUNDS APPROPRIATED FOR TANFBG 22 ALTERNATIVES TO ABORTION SHALL BE UTILIZED SOLELY FOR 23 SERVICES TO WOMEN WHOSE GROSS FAMILY INCOME IS BELOW 185% 24 OF THE FEDERAL POVERTY GUIDELINES. 25 (5) BEHAVIORAL HEALTH SERVICES. ALL AVAILABLE 26 INTERGOVERNMENTAL TRANSFER FUNDS APPROPRIATED TO AUGMENT 27 APPROPRIATIONS, INCLUDING PRIOR YEAR CARRYOVER FUNDS, SHALL 28 BE SPENT PRIOR TO COMMONWEALTH FUNDS. 29 (6) COUNTY CHILDREN AND YOUTH PROGRAMS. THE FOLLOWING 30 SHALL APPLY: 20070H1295B2173 - 27 -
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 TANF 20070H1295B2173 - 28 -
1 TRANSITION FUNDS" REVENUE LINE AS REFLECTED IN THE FISCAL 2 YEAR 2006-2007 TENTATIVE COUNTY CHILD WELFARE ALLOCATION, 3 DATED FEBRUARY 28, 2006. 4 (8) BEHAVIORAL HEALTH SERVICES TRANSITION. THE 5 DEPARTMENT, UPON APPROVAL OF THE SECRETARY, MAY TRANSFER 6 FEDERAL AND STATE FUNDS APPROPRIATED FOR BEHAVIORAL HEALTH 7 SERVICES TRANSITION TO COUNTIES TO PROVIDE FOR CHILDREN AND 8 YOUTH PROGRAMS, CHILD ABUSE AND NEGLECT PREVENTION OR MEDICAL 9 ASSISTANCE CAPITATION. 10 (9) COMMUNITY-BASED FAMILY CENTERS. NO FUNDS 11 APPROPRIATED FOR COMMUNITY-BASED FAMILY CENTERS MAY BE 12 CONSIDERED AS PART OF THE BASE FOR CALCULATION OF THE COUNTY 13 CHILD WELFARE NEEDS-BASED BUDGET FOR A FISCAL YEAR. 14 SECTION 1730-F. DEPARTMENT OF REVENUE. 15 (RESERVED). 16 SECTION 1731-F. DEPARTMENT OF STATE. 17 (RESERVED). 18 SECTION 1732-F. DEPARTMENT OF TRANSPORTATION. 19 (RESERVED). 20 SECTION 1733-F. PENNSYLVANIA STATE POLICE. 21 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 22 PENNSYLVANIA STATE POLICE FROM THE GENERAL APPROPRIATION ACT: 23 (1) DURING FISCAL YEAR 2007-2008, THE PENNSYLVANIA STATE 24 POLICE MAY NOT CLOSE A BARRACKS UNTIL THE PENNSYLVANIA STATE 25 POLICE CONDUCT A PUBLIC HEARING AND PROVIDE 30 DAYS' NOTICE, 26 WHICH SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN AND IN 27 AT LEAST TWO LOCAL NEWSPAPERS. 28 (2) (RESERVED). 29 SECTION 1734-F. STATE CIVIL SERVICE COMMISSION. 30 FUNDS APPROPRIATED TO THE STATE CIVIL SERVICE COMMISSION 20070H1295B2173 - 29 -
1 SHALL INCLUDE ANY FUNDS COLLECTED BY THE COMMISSION FOR THE 2 ADMINISTRATION OF THE MERIT SYSTEM FOR EMPLOYEES UNDER THE ACT 3 OF AUGUST 5, 1941 (P.L.752, NO.286), KNOWN AS THE CIVIL SERVICE 4 ACT. 5 SECTION 1735-F. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY. 6 THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY SHALL PROVIDE 7 SEMIANNUAL REPORTS OF ALL GRANTS AWARDED BY PENNSYLVANIA 8 EMERGENCY MANAGEMENT AGENCY FROM FEDERAL DISASTER ASSISTANCE OR 9 RELIEF FUNDS, HOMELAND SECURITY AND DEFENSE FUNDS, AVIAN 10 FLU/PANDEMIC PREPAREDNESS OR OTHER PUBLIC HEALTH EMERGENCY FUNDS 11 TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS 12 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN 13 OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES. 14 THE REPORTS SHALL INCLUDE INFORMATION RELATING TO THE ENTITY 15 RECEIVING GRANT MONEY FROM THE PENNSYLVANIA EMERGENCY MANAGEMENT 16 AGENCY, INCLUDING THE NAME AND ADDRESS OF THE ENTITY, THE AMOUNT 17 OF THE GRANT, THE DATE OF ISSUANCE AND THE PURPOSE OF THE GRANT. 18 REPORTS SHALL BE SUBMITTED ON OR BEFORE AUGUST 15 OF EACH YEAR 19 FOR GRANTS AWARDED DURING THE PERIOD FROM JANUARY 1 THROUGH JUNE 20 30 AND ON OR BEFORE FEBRUARY 15 OF EACH YEAR FOR GRANTS AWARDED 21 DURING THE PERIOD FROM JULY 1 THROUGH DECEMBER 31. 22 SECTION 1736-F. PENNSYLVANIA FISH AND BOAT COMMISSION. 23 (RESERVED). 24 SECTION 1737-F. STATE SYSTEM OF HIGHER EDUCATION. 25 (RESERVED). 26 SECTION 1738-F. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE 27 AGENCY. 28 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE 29 PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY FROM THE GENERAL 30 APPROPRIATION ACT: 20070H1295B2173 - 30 -
1 (1) MAXIMIZATION OF FUNDS. THE PENNSYLVANIA HIGHER 2 EDUCATION ASSISTANCE AGENCY SHALL USE FUNDS APPROPRIATED FOR 3 MATCHING PAYMENTS FOR STUDENT AID FUNDS TO MAXIMIZE THE 4 RECEIPT OF FEDERAL FUNDS TO THE FULLEST EXTENT POSSIBLE. 5 (2) LIMITATION. NO COLLEGE, UNIVERSITY OR INSTITUTION 6 RECEIVING A DIRECT APPROPRIATION FROM THE COMMONWEALTH SHALL 7 BE ELIGIBLE TO PARTICIPATE IN THE INSTITUTIONAL ASSISTANCE 8 GRANTS PROGRAM. 9 (3) AGRICULTURAL LOAN FORGIVENESS. IN DISTRIBUTING FUNDS 10 APPROPRIATED FOR AGRICULTURAL LOAN FORGIVENESS, THE AGENCY 11 SHALL GIVE PREFERENCE TO RENEWAL APPLICANTS. 12 SECTION 1739-F. PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION. 13 (RESERVED). 14 SECTION 1740-F. PENNSYLVANIA INFRASTRUCTURE INVESTMENT 15 AUTHORITY. 16 (RESERVED). 17 SECTION 1741-F. ENVIRONMENTAL HEARING BOARD. 18 (RESERVED). 19 SECTION 1742-F. PENNSYLVANIA BOARD OF PROBATION AND PAROLE. 20 THE FOLLOWING SHALL APPLY TO THE APPROPRIATION FOR THE 21 PENNSYLVANIA BOARD OF PROBATION AND PAROLE FROM THE GENERAL 22 APPROPRIATION ACT: 23 (1) WORK PERFORMED UNDER THE DRUG OFFENDERS' WORK 24 PROGRAM APPROPRIATION FOR THE BOARD SHALL IN NO CASE REPLACE 25 JOBS PROTECTED BY A COLLECTIVE BARGAINING UNIT. 26 (2) (RESERVED). 27 SECTION 1743-F. PENNSYLVANIA PUBLIC TELEVISION NETWORK 28 COMMISSION. 29 (RESERVED). 30 SECTION 1744-F. PENNSYLVANIA SECURITIES COMMISSION. 20070H1295B2173 - 31 -
1 (RESERVED). 2 SECTION 1745-F. STATE TAX EQUALIZATION BOARD. 3 (RESERVED). 4 SECTION 1746-F. HEALTH CARE COST CONTAINMENT COUNCIL. 5 THE HEALTH CARE COST CONTAINMENT COUNCIL SHALL SUBMIT A 6 REPORT TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE 7 APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRMAN AND 8 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE 9 OF REPRESENTATIVES SPECIFYING THE AMOUNT AND SOURCE OF PROCEEDS 10 RECEIVED FROM THE SALE OF DATA BY THE COUNCIL. PROCEEDS RECEIVED 11 FROM THE SALE SHALL BE DEPOSITED IN THE GENERAL FUND AND SHALL 12 NOT BE EXPENDED UNLESS APPROPRIATED BY THE GENERAL ASSEMBLY. THE 13 REPORT SHALL SUPPLEMENT THE ANNUAL REPORT OF FINANCIAL 14 EXPENDITURES REQUIRED UNDER SECTION 17.1 OF THE ACT OF JULY 8, 15 1986 (P.L.408, NO.89), KNOWN AS THE HEALTH CARE COST CONTAINMENT 16 ACT. 17 SECTION 1747-F. STATE ETHICS COMMISSION. 18 (RESERVED). 19 SECTION 1748-F. STATE EMPLOYEES' RETIREMENT SYSTEM. 20 (RESERVED). 21 SECTION 1749-F. THADDEUS STEVENS COLLEGE OF TECHNOLOGY. 22 (RESERVED). 23 SECTION 1750-F. PENNSYLVANIA HOUSING FINANCE AGENCY. 24 (RESERVED). 25 SECTION 1751-F. LIHEABG. 26 (RESERVED). 27 SECTION 1752-F. BUDGET STABILIZATION RESERVE FUND. 28 (RESERVED). 29 SUBARTICLE C 30 LEGISLATIVE DEPARTMENT 20070H1295B2173 - 32 -
1 (RESERVED) 2 SUBARTICLE D 3 JUDICIAL DEPARTMENT 4 SECTION 1781-F. SUPREME COURT. 5 (A) ADMINISTRATIVE OFFICE.--FUNDS APPROPRIATED FOR THE 6 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS MAY BE USED FOR THE 7 OPERATION OF THE PENNSYLVANIA BOARD OF LAW EXAMINERS. FUNDS 8 PROVIDED TO THE BOARD SHALL BE REPAID IN FULL TO THE OFFICE, 9 WITHOUT INTEREST OR CHARGES, FROM REVENUES OF THE BOARD. 10 (B) COUNTY COURT ADMINISTRATORS.--NO FUNDS FROM ANY 11 APPROPRIATION OTHER THAN THE APPROPRIATION FOR COUNTY COURT 12 ADMINISTRATORS FOR THE UNIFIED JUDICIAL SYSTEM MAY BE USED TO 13 SUPPLEMENT PAYMENTS TO COUNTY COURT ADMINISTRATORS. 14 SECTION 1782-F. SUPERIOR COURT. 15 (RESERVED). 16 SECTION 1783-F. COMMONWEALTH COURT. 17 (RESERVED). 18 SECTION 1784-F. COURTS OF COMMON PLEAS. 19 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE COURTS OF 20 COMMON PLEAS IN THE GENERAL APPROPRIATION ACT. 21 (1) NO PAYMENT MAY BE MADE FROM THE APPROPRIATION FOR 22 SALARIES AND EXPENSES OF COURTS OF COMMON PLEAS JUDGES FOR 23 PRINTING, POSTAGE, TELEPHONE OR SUPPLIES. 24 (2) NO PAYMENT MAY BE MADE FOR EXPENSES OF ANY KIND 25 RELATING TO EDUCATION. 26 SECTION 1785-F. COMMUNITY COURTS - MAGISTERIAL DISTRICT JUDGES. 27 ALL OF THE FOLLOWING APPLY TO THE APPROPRIATION IN THE 28 GENERAL APPROPRIATION ACT FOR SALARIES AND EXPENSES OF COMMUNITY 29 COURT JUDGES AND MAGISTERIAL DISTRICT JUDGES: 30 (1) EXCEPT FOR PRINTING COSTS RELATED TO 42 PA.C.S. § 20070H1295B2173 - 33 -
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. 20070H1295B2173 - 34 -
1 (IV) NO COUNTY SHALL RECEIVE LESS THAN 77.5% OF THE 2 ACTUAL REIMBURSEMENT FOR COURT COSTS APPROPRIATED IN 3 FISCAL YEAR 1980-1981. 4 (V) REIMBURSEMENT SHALL BE MADE TO THE COUNTY 5 TREASURER AND, IN CITIES OF THE FIRST CLASS COTERMINOUS 6 WITH COUNTIES OF THE FIRST CLASS, TO THE CITY TREASURER. 7 (2) (RESERVED). 8 SECTION 1792-F. SENIOR JUDGES. 9 (A) HEALTH BENEFITS.--SUBJECT TO SUBSECTION (B), 10 APPROPRIATIONS FOR THE SUPERIOR COURT, COMMONWEALTH COURT, 11 COURTS OF COMMON PLEAS, COMMUNITY COURTS, MAGISTERIAL DISTRICT 12 JUDGES, THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA 13 TRAFFIC COURT MAY BE USED TO PAY FOR HEALTH BENEFITS FOR SENIOR 14 JUDGES WORKING AS ACTIVE OR SENIOR JUDGES FOR A MINIMUM OF 75 15 DAYS IN THE PRIOR CALENDAR YEAR. 16 (B) LIMITATION.--SENIOR JUDGES OF THE COURTS OF COMMON PLEAS 17 SHALL NOT BE ASSIGNED UNLESS ADEQUATE FUNDS ARE APPROPRIATED TO 18 PROVIDE COMPENSATION. A SENIOR JUDGE ASSIGNED IN EXCESS OF 19 EXISTING APPROPRIATIONS SHALL BE COMPENSATED FROM THE 20 APPROPRIATION FOR THE SUPREME COURT. 21 SECTION 1793-F. TRANSFER OF FUNDS BY SUPREME COURT. 22 THE SUPREME COURT MAY TRANSFER TO THE JUDICIAL DEPARTMENT 23 DURING THE FISCAL YEAR FUNDS APPROPRIATED IN SECTIONS 281, 282, 24 283, 284, 285, 286, 287, 290 AND 291 OF THE GENERAL 25 APPROPRIATION ACT AMONG ANY OF THE LINE ITEMS CONTAINED WITHIN 26 THOSE SECTIONS. IN ORDER TO AVOID A DEFICIT IN ANY LINE ITEMS IN 27 THOSE SECTIONS, THE SUPREME COURT MAY ALSO TRANSFER FUNDS 28 DEPOSITED INTO THE JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT 29 TO ANY LINE ITEMS IN THOSE SECTIONS. THE SUPREME COURT MAY ALSO 30 TRANSFER EXCESS FUNDS APPROPRIATED IN THOSE SECTIONS TO THE 20070H1295B2173 - 35 -
1 JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT DURING THE MONTH 2 OF JUNE 2008. IF THE SUPREME COURT MAKES A TRANSFER UNDER THIS 3 SECTION, THE SUPREME COURT SHALL GIVE WRITTEN NOTIFICATION TO 4 THE SECRETARY AND CHAIRMAN AND MINORITY CHAIRMAN OF THE 5 APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRMAN AND 6 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE 7 OF REPRESENTATIVES TEN DAYS PRIOR TO ANY TRANSFER. THIS SECTION 8 SHALL NOT APPLY TO THE APPROPRIATION IN SECTION 291 OF THE 9 GENERAL APPROPRIATION ACT FOR GUN COURTS. 10 ARTICLE XVII-G 11 2007-2008 RESTRICTIONS ON APPROPRIATIONS 12 FOR FUNDS AND ACCOUNTS 13 SECTION 1701-G. APPLICABILITY. 14 EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE 15 APPLIES TO THE GENERAL APPROPRIATION ACT OF 2007. 16 SECTION 1702-G. STATE LOTTERY FUND. 17 (1) FUNDS APPROPRIATED FOR PENNCARE SHALL NOT BE 18 UTILIZED FOR ADMINISTRATIVE COSTS BY THE DEPARTMENT OF AGING. 19 (2) (RESERVED). 20 SECTION 1703-G. ENERGY CONSERVATION AND ASSISTANCE FUND. 21 NO LESS THAN 75% OF THE APPROPRIATION FOR ENERGY CONSERVATION 22 PROGRAMS UNDER THE ACT OF JULY 10, 1986 (P.L.1398, NO.122), 23 KNOWN AS THE ENERGY CONSERVATION AND ASSISTANCE ACT, SHALL BE 24 USED FOR PROGRAMS LISTED AS PRIORITIES IN SECTION 7(B) OF THE 25 ENERGY CONSERVATION AND ASSISTANCE ACT. 26 SECTION 1704-G. JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT. 27 THE SUPREME COURT AND THE COURT ADMINISTRATOR OF PENNSYLVANIA 28 ARE PROHIBITED FROM AUGMENTING THE AMOUNT APPROPRIATED TO THE 29 JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT BY BILLINGS TO 30 OTHER APPROPRIATIONS TO THE JUDICIAL BRANCH FOR THE STATEWIDE 20070H1295B2173 - 36 -
1 JUDICIAL COMPUTER SYSTEM OR FOR ANY OTHER PURPOSE. 2 SECTION 1705-G. EMERGENCY MEDICAL SERVICES OPERATING FUND. 3 (RESERVED). 4 SECTION 1706-G. STATE STORES FUND. 5 (RESERVED). 6 SECTION 1707-G. MOTOR LICENSE FUND. 7 (RESERVED). 8 SECTION 1708-G. HAZARDOUS MATERIAL RESPONSE FUND. 9 (RESERVED). 10 SECTION 1709-G. MILK MARKETING FUND. 11 (RESERVED). 12 SECTION 1710-G. HOME INVESTMENT TRUST FUND. 13 (RESERVED). 14 SECTION 1711-G. TUITION PAYMENT FUND. 15 (RESERVED). 16 SECTION 1712-G. BANKING DEPARTMENT FUND. 17 (RESERVED). 18 SECTION 1713-G. FIREARM RECORDS CHECK FUND. 19 (RESERVED). 20 SECTION 1714-G. BEN FRANKLIN TECHNOLOGY DEVELOPMENT AUTHORITY 21 FUND. 22 FUNDS ALLOCATED FROM THE APPROPRIATION FOR THE BEN FRANKLIN 23 CENTERS FOR FISCAL YEAR 2007-2008 SHALL NOT BE LESS THAN THE 24 ALLOCATION FOR FISCAL YEAR 2006-2007. 25 SECTION 1715-G. TOBACCO SETTLEMENT FUND. 26 (A) DEPOSITS.--NOTWITHSTANDING SECTIONS 303(B)(3) AND (4) 27 AND 306(B)(1)(III) AND (VI) OF THE ACT OF JUNE 26, 2001 28 (P.L.755, NO.77), KNOWN AS THE TOBACCO SETTLEMENT ACT, THE 29 FOLLOWING SHALL APPLY: 30 (1) FOR FISCAL YEAR 2007-2008, FUNDS DERIVED PURSUANT TO 20070H1295B2173 - 37 -
1 SECTION 303(B)(3) OF THE TOBACCO SETTLEMENT ACT SHALL BE 2 DEPOSITED INTO THE TOBACCO SETTLEMENT FUND. 3 (2) FOR FISCAL YEAR 2007-2008, FUNDS DERIVED PURSUANT TO 4 SECTION 303(B)(4) OF THE TOBACCO SETTLEMENT ACT DURING FISCAL 5 YEAR 2006-2007 SHALL BE DEPOSITED INTO THE FUND. 6 (3) FOR FISCAL YEAR 2007-2008, ONE-FOURTH OF THE MONEY 7 APPROPRIATED PURSUANT TO SECTION 306(B)(1)(III) OF THE 8 TOBACCO SETTLEMENT ACT MAY NOT BE EXPENDED, TRANSFERRED OR 9 LAPSED BUT SHALL REMAIN IN THE FUND. 10 (4) FOR FISCAL YEAR 2007-2008, ONE-EIGHTH OF THE FUNDS 11 APPROPRIATED PURSUANT TO SECTION 306(B)(1)(VI) OF THE TOBACCO 12 SETTLEMENT ACT MAY NOT BE EXPENDED, TRANSFERRED OR LAPSED BUT 13 SHALL REMAIN IN THE FUND. 14 (5) FOR FISCAL YEAR 2007-2008, THE AMOUNTS DEPOSITED IN 15 THE FUND UNDER PARAGRAPHS (1) AND (2) SHALL NOT EXCEED, IN 16 THE AGGREGATE, $51,250,000. 17 (B) APPROPRIATION.--MONEY DEPOSITED INTO THE FUND UNDER 18 SUBSECTION (A) SHALL BE APPROPRIATED FOR HEALTH-RELATED PURPOSES 19 IN THE GENERAL APPROPRIATIONS ACT FOR THE FISCAL YEAR COMMENCING 20 JULY 1, 2007. IF APPLICABLE, THE AMOUNT APPROPRIATED UNDER THIS 21 SUBSECTION SHALL BE MATCHED BY APPROPRIATE FEDERAL AUGMENTING 22 FUNDS. 23 (C) ALLOCATION.--FUNDING FOR LOCAL PROGRAMS UNDER SECTION 24 708(B) OF THE ACT OF JUNE 26, 2001 (P.L.755, NO.77), KNOWN AS 25 THE TOBACCO SETTLEMENT ACT, SHALL BE ALLOCATED AS FOLLOWS: 26 (1) THIRTY PERCENT OF GRANT FUNDING TO PRIMARY 27 CONTRACTORS FOR LOCAL PROGRAMS SHALL BE ALLOCATED EQUALLY 28 AMONG EACH OF THE 67 COUNTIES. 29 (2) THE REMAINING 70% OF GRANT FUNDING TO PRIMARY 30 CONTRACTORS FOR LOCAL PROGRAMS SHALL BE ALLOCATED ON A PER 20070H1295B2173 - 38 -
1 CAPITA BASIS OF EACH COUNTY WITH A POPULATION GREATER THAN 2 60,000. THE PER CAPITA FORMULA SHALL BE APPLIED ONLY TO THAT 3 PORTION OF THE POPULATION THAT IS GREATER THAN 60,000 FOR 4 EACH COUNTY. 5 (3) BUDGETS SHALL BE DEVELOPED BY EACH PRIMARY 6 CONTRACTOR TO REFLECT SERVICE PLANNING AND EXPENDITURES IN 7 EACH COUNTY. EACH PRIMARY CONTRACTOR WILL ENSURE THAT 8 SERVICES ARE AVAILABLE TO RESIDENTS OF EACH COUNTY AND MUST 9 EXPEND THE ALLOCATED FUNDS ON A PER-COUNTY BASIS PURSUANT TO 10 PARAGRAPHS (1) AND (2). 11 (4) THE DEPARTMENT OF HEALTH SHALL COMPILE A DETAILED 12 ANNUAL REPORT OF EXPENDITURES PER COUNTY AND THE SPECIFIC 13 PROGRAMS OFFERED IN EACH REGION. THIS REPORT SHALL BE MADE 14 AVAILABLE ON THE DEPARTMENT OF HEALTH'S PUBLICLY AVAILABLE 15 INTERNET WEBSITE 60 DAYS FOLLOWING THE CLOSE OF EACH FISCAL 16 YEAR. 17 (5) DURING THE THIRD QUARTER OF THE FISCAL YEAR, FUNDS 18 WHICH HAVE NOT BEEN SPENT WITHIN A SERVICE AREA MAY BE 19 REALLOCATED TO SUPPORT PROGRAMMING IN THE SAME REGION. 20 SECTION 1716-G. COMMUNITY HEALTH REINVESTMENT RESTRICTED 21 ACCOUNT. 22 (A) ESTABLISHMENT.--THERE IS ESTABLISHED IN THE STATE 23 TREASURY A RESTRICTED RECEIPTS ACCOUNT IN THE TOBACCO SETTLEMENT 24 FUND TO BE KNOWN AS THE COMMUNITY HEALTH REINVESTMENT RESTRICTED 25 ACCOUNT. INTEREST EARNED ON MONEY IN THE ACCOUNT SHALL REMAIN IN 26 THE ACCOUNT. 27 (B) AGREEMENT ON COMMUNITY HEALTH REINVESTMENT.--EACH 28 CALENDAR YEAR, A CORPORATION UNDER 40 PA.C.S. CH. 61 (RELATING 29 TO HOSPITAL PLAN CORPORATIONS) OR 63 (RELATING TO PROFESSIONAL 30 HEALTH SERVICES PLAN CORPORATIONS) THAT IS A PARTY TO THE 20070H1295B2173 - 39 -
1 AGREEMENT ON COMMUNITY HEALTH REINVESTMENT ENTERED INTO FEBRUARY 2 2, 2005, BY THE INSURANCE DEPARTMENT AND THE CAPITAL BLUE CROSS, 3 HIGHMARK, INC., HOSPITAL SERVICE ASSOCIATION OF NORTHEASTERN 4 PENNSYLVANIA AND INDEPENDENCE BLUE CROSS, AND PUBLISHED IN THE 5 PENNSYLVANIA BULLETIN AT 35 PA.B. 4155 (JULY 23, 2005), SHALL 6 PAY TO THE ACCOUNT THE AMOUNT CALCULATED FOR SUCH CALENDAR YEAR 7 IN SECTION 5 OF THE AGREEMENT, PUBLISHED AT 35 PA.B. 4156. 8 (C) APPROPRIATION.--THE MONEY IN THE ACCOUNT, INCLUDING ALL 9 INTEREST EARNED, IS APPROPRIATED TO THE INSURANCE DEPARTMENT TO 10 BE USED IN ACCORDANCE WITH THE AGREEMENT ON COMMUNITY HEALTH 11 REINVESTMENT DESCRIBED IN SUBSECTION (B). 12 SECTION 1716.1-G. INSURANCE RESTRUCTURING RESTRICTED RECEIPT 13 ACCOUNT. 14 (A) ESTABLISHMENT.--THERE IS ESTABLISHED A RESTRICTED 15 RECEIPT ACCOUNT IN THE STATE TREASURY TO BE KNOWN AS THE 16 INSURANCE RESTRUCTURING RESTRICTED RECEIPT ACCOUNT. INTEREST 17 EARNED ON MONEY IN THE ACCOUNT SHALL REMAIN IN THE ACCOUNT. 18 (B) DEPOSIT.--ALL NET ECONOMIC BENEFITS, INCLUDING PROCEEDS, 19 SAVINGS, FUNDS AND OTHER MONEY DERIVED FROM THE MERGER, 20 CONSOLIDATION OR OTHER ACQUISITION OF CONTROL OF A HOSPITAL PLAN 21 CORPORATION OR PROFESSIONAL HEALTH SERVICES PLAN CORPORATION 22 WHICH ARE TO BE USED TO FUND ANY PORTION OF A HEALTH CARE OR 23 HEALTH CARE-RELATED PROGRAM OF, OR ADMINISTERED BY, THE 24 COMMONWEALTH SHALL BE DEPOSITED INTO THE ACCOUNT. 25 (C) PROHIBITION.--NO CONTRACT OR WRITTEN AGREEMENT BETWEEN 26 THE COMMONWEALTH AND A HOSPITAL PLAN CORPORATION OR PROFESSIONAL 27 HEALTH SERVICES PLAN CORPORATION MAY BE ENTERED INTO RELATING TO 28 THE DISBURSEMENT OR SPENDING OF THE ECONOMIC BENEFITS, PROCEEDS, 29 SAVINGS, FUNDS OR OTHER MONEY RESULTING FROM THE MERGER, 30 CONSOLIDATION OR OTHER ACQUISITION OF CONTROL OF A HOSPITAL PLAN 20070H1295B2173 - 40 -
1 CORPORATION OR PROFESSIONAL HEALTH SERVICES PLAN CORPORATION 2 UNTIL FUNDS ARE APPROPRIATED UNDER SUBSECTION (D). 3 (D) APPROPRIATION.--NO FUND OR MONEY MAY BE TRANSFERRED OR 4 PAID FROM THE ACCOUNT UNLESS APPROPRIATED BY THE GENERAL 5 ASSEMBLY FOR HEALTH-RELATED PURPOSES. 6 SECTION 1717-G. HEALTH CARE PROVIDER RETENTION ACCOUNT. 7 (RESERVED). 8 SECTION 1718-G. (RESERVED). 9 SECTION 1719-G. RESTRICTED RECEIPT ACCOUNTS. 10 (A) GENERAL PROVISIONS.--THE SECRETARY MAY CREATE RESTRICTED 11 RECEIPT ACCOUNTS FOR THE PURPOSE OF ADMINISTERING FEDERAL GRANTS 12 ONLY FOR THE PURPOSES DESIGNATED IN THIS SECTION. 13 (B) DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT.--THE 14 FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 15 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT: 16 (1) ARC HOUSING REVOLVING LOAN PROGRAM. 17 (2) (RESERVED). 18 (C) DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.--THE 19 FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 20 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES: 21 (1) FEDERAL AID TO VOLUNTEER FIRE COMPANIES. 22 (2) FEDERAL LAND AND WATER CONSERVATION FUND ACT. 23 (3) NATIONAL FOREST RESERVE ALLOTMENT. 24 (4) FEDERAL LAND AND WATER CONSERVATION FUND ACT - 25 CONSERVATION AND NATURAL RESOURCES. 26 (D) DEPARTMENT OF EDUCATION.--THE FOLLOWING RESTRICTED 27 RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF 28 EDUCATION: 29 (1) EDUCATION OF THE DISABLED - PART C. 30 (2) LSTA - LIBRARY GRANTS. 20070H1295B2173 - 41 -
1 (3) THE PENNSYLVANIA STATE UNIVERSITY FEDERAL AID. 2 (4) EMERGENCY IMMIGRATION EDUCATION ASSISTANCE. 3 (5) EDUCATION OF THE DISABLED - PART D. 4 (6) HOMELESS ADULT ASSISTANCE PROGRAM. 5 (7) SEVERELY HANDICAPPED. 6 (8) MEDICAL ASSISTANCE REIMBURSEMENTS TO LOCAL EDUCATION 7 AGENCIES. 8 (E) DEPARTMENT OF ENVIRONMENTAL PROTECTION.--THE FOLLOWING 9 RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 10 DEPARTMENT OF ENVIRONMENTAL PROTECTION: 11 (1) FEDERAL WATER RESOURCES PLANNING ACT. 12 (2) FLOOD CONTROL PAYMENTS. 13 (3) SOIL AND WATER CONSERVATION ACT - INVENTORY OF 14 PROGRAMS. 15 (F) DEPARTMENT OF HEALTH.--THE FOLLOWING RESTRICTED RECEIPT 16 ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF HEALTH: 17 (1) SHARE LOAN PROGRAM. 18 (2) (RESERVED). 19 (G) DEPARTMENT OF TRANSPORTATION.--THE FOLLOWING RESTRICTED 20 RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF 21 TRANSPORTATION: 22 (1) CAPITAL ASSISTANCE ELDERLY AND HANDICAPPED PROGRAMS. 23 (2) RAILROAD REHABILITATION AND IMPROVEMENT ASSISTANCE. 24 (3) RIDESHARING/VAN POOL PROGRAM - ACQUISITION. 25 (H) PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.--THE FOLLOWING 26 RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 27 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY: 28 (1) RECEIPTS FROM FEDERAL GOVERNMENT - DISASTER RELIEF - 29 DISASTER RELIEF ASSISTANCE TO STATE AND POLITICAL 30 SUBDIVISIONS. 20070H1295B2173 - 42 -
1 (2) (RESERVED). 2 (I) PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION.--THE 3 FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE 4 PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION: 5 (1) FEDERAL GRANT - NATIONAL HISTORIC PRESERVATION ACT 6 (PUBLIC LAW 89-665, 80 STAT. 915). 7 (2) (RESERVED). 8 (J) EXECUTIVE OFFICES.--THE FOLLOWING RESTRICTED RECEIPT 9 ACCOUNTS MAY BE ESTABLISHED FOR THE EXECUTIVE OFFICES: 10 (1) RETIRED EMPLOYEES MEDICARE PART D. 11 (2) JUSTICE ASSISTANCE. 12 (3) JUVENILE ACCOUNTABILITY INCENTIVE. 13 SECTION 1720-G. STATE GAMING FUND. 14 (A) DEDUCTION OF CERTAIN APPROPRIATIONS.--NOTWITHSTANDING 15 THE PROVISIONS OF SECTION 504(C)(1) OF THE ACT OF JUNE 27, 2006 16 (1ST SP.SESS., P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF 17 ACT, FUNDS APPROPRIATED TO THE PENNSYLVANIA GAMING CONTROL BOARD 18 FROM THE STATE GAMING FUND SHALL BE DEDUCTED FROM THE AMOUNT 19 TRANSFERRED TO THE PROPERTY TAX RELIEF RESERVE FUND UNDER 20 SECTION 504(B) OF THE TAXPAYER RELIEF ACT AND REPAID AS PROVIDED 21 IN SUBSECTION (B). 22 (B) ASSESSMENT FOR REPAYMENT.--NOTWITHSTANDING THE 23 PROVISIONS OF 4 PA.C.S. § 1901.1 (RELATING TO REPAYMENTS TO 24 STATE GAMING FUND), THE PENNSYLVANIA GAMING CONTROL BOARD SHALL 25 ASSESS SLOT MACHINE LICENSEES FOR REPAYMENT OF AMOUNTS 26 TRANSFERRED TO THE BOARD FROM THE STATE GAMING FUND UNDER 27 SUBSECTION (A) FOR REPAYMENT TO THE PROPERTY TAX RELIEF RESERVE 28 FUND AT SUCH TIME AS AT LEAST 11 SLOT MACHINE LICENSES HAVE BEEN 29 ISSUED AND 11 LICENSED GAMING ENTITIES HAVE COMMENCED THE 30 OPERATION OF SLOT MACHINES. THE BOARD SHALL ADOPT A REPAYMENT 20070H1295B2173 - 43 -
1 SCHEDULE THAT ASSESSES TO EACH SLOT MACHINE LICENSEE COSTS FOR 2 THE REPAYMENT OF AMOUNTS APPROPRIATED UNDER THIS SECTION IN AN 3 AMOUNT THAT IS PROPORTIONAL TO EACH SLOT MACHINE LICENSEE'S 4 GROSS TERMINAL REVENUE. 5 (C) OTHER APPROPRIATIONS SOLELY FROM ASSESSMENT.--ALL FUNDS 6 FOR THE OPERATION OF THE PENNSYLVANIA STATE POLICE, DEPARTMENT 7 OF REVENUE AND ATTORNEY GENERAL ARE APPROPRIATED SOLELY FROM AN 8 ASSESSMENT ON GROSS TERMINAL REVENUE FROM ACCOUNTS UNDER 4 9 PA.C.S. § 1401 (RELATING TO SLOT MACHINE LICENSEE DEPOSITS) IN 10 AN AMOUNT EQUAL TO THAT APPROPRIATED BY THE GENERAL ASSEMBLY FOR 11 FISCAL YEAR 2007-2008. THE PENNSYLVANIA GAMING CONTROL BOARD, 12 PENNSYLVANIA STATE POLICE, ATTORNEY GENERAL OR DEPARTMENT OF 13 REVENUE SHALL NOT ASSESS ANY ADDITIONAL CHARGE, FEE, COST OF 14 OPERATIONS OR OTHER PAYMENT FROM A LICENSED GAMING ENTITY IN 15 EXCESS OF AMOUNTS APPROPRIATED FOR FISCAL YEAR 2007-2008. THIS 16 SUBSECTION SHALL NOT APPLY TO ANY VOLUNTARY PAYMENT MADE BY A 17 NEW SLOT MACHINE LICENSEE IN ACCORDANCE WITH SIMILAR PAYMENTS 18 VOLUNTARILY MADE BY EXISTING LICENSEES. 19 SECTION 4. REPEALS ARE AS FOLLOWS: 20 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER 21 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF 22 ARTICLE XV-A OF THE ACT. 23 (2) THE ACT OF SEPTEMBER 26, 1961 (P.L.1661, NO.692), 24 KNOWN AS THE STATE EMPLOYES GROUP LIFE INSURANCE LAW, IS 25 REPEALED. 26 SECTION 5. THE ADDITION OF ARTICLE XV-A OF THE ACT IS A 27 CONTINUATION OF THE ACT OF SEPTEMBER 26, 1961 (P.L.1661, 28 NO.692), KNOWN AS THE STATE EMPLOYES GROUP LIFE INSURANCE LAW. 29 EXCEPT AS OTHERWISE PROVIDED UNDER ARTICLE XV-A, ALL ACTIVITIES 30 INITIATED UNDER THE STATE EMPLOYES GROUP LIFE INSURANCE LAW 20070H1295B2173 - 44 -
1 SHALL CONTINUE AND REMAIN IN FULL FORCE AND EFFECT AND MAY BE 2 COMPLETED UNDER ARTICLE XV-A. ORDERS, REGULATIONS, RULES AND 3 DECISIONS WHICH WERE MADE UNDER THE STATE EMPLOYES GROUP LIFE 4 INSURANCE LAW AND WHICH ARE IN EFFECT ON THE EFFECTIVE DATE OF 5 SECTION 3(2) OF THIS ACT SHALL REMAIN IN FULL FORCE AND EFFECT 6 UNTIL REVOKED, VACATED OR MODIFIED UNDER ARTICLE XV-A. 7 CONTRACTS, OBLIGATIONS AND COLLECTIVE BARGAINING AGREEMENTS 8 ENTERED INTO UNDER THE STATE EMPLOYES GROUP LIFE INSURANCE LAW 9 ARE NOT AFFECTED NOR IMPAIRED BY THE REPEAL OF THE STATE 10 EMPLOYES GROUP LIFE INSURANCE LAW. 11 SECTION 2 6. THE AMENDMENT OF SECTION 1737-B OF THE ACT <-- 12 SHALL APPLY RETROACTIVELY TO JULY 1, 2006. 13 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <-- 14 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <-- 15 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN 60 16 DAYS: 17 (I) THE ADDITION OF ARTICLE XV-A OF THE ACT. 18 (II) SECTIONS 4 AND 5 OF THIS ACT. 19 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 20 IMMEDIATELY. D27L32BIL/20070H1295B2173 - 45 -