PRIOR PRINTER'S NOS. 1600, 2125, 2173, PRINTER'S NO. 2349
2239
No. 1295 Session of 2007
INTRODUCED BY HANNA, BAKER, BELFANTI, CONKLIN, DENLINGER,
FABRIZIO AND CALTAGIRONE, MAY 18, 2007
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
JULY 16, 2007
AN ACT
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
13 the Commonwealth, auditing the accounts of the Commonwealth
14 and all agencies thereof, of all public officers collecting
15 moneys payable to the Commonwealth, or any agency thereof,
16 and all receipts of appropriations from the Commonwealth,
17 authorizing the Commonwealth to issue tax anticipation notes
18 to defray current expenses, implementing the provisions of
19 section 7(a) of Article VIII of the Constitution of
20 Pennsylvania authorizing and restricting the incurring of
21 certain debt and imposing penalties; affecting every
22 department, board, commission, and officer of the State
23 government, every political subdivision of the State, and
24 certain officers of such subdivisions, every person,
25 association, and corporation required to pay, assess, or
26 collect taxes, or to make returns or reports under the laws
27 imposing taxes for State purposes, or to pay license fees or
28 other moneys to the Commonwealth, or any agency thereof,
29 every State depository and every debtor or creditor of the
30 Commonwealth," providing for Commonwealth employees group
31 life insurance; further providing for the State System of
1 Higher Education and for budget implementation; providing for
2 general budget implementation and for 2007-2008 budget
3 implementation and restrictions on appropriations for funds
4 and accounts; and making a related repeal.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The act of April 9, 1929 (P.L.343, No.176), known <--
8 as The Fiscal Code, is amended by adding an article to read:
9 ARTICLE XV-A
10 COMMONWEALTH EMPLOYEES GROUP LIFE INSURANCE
11 Section 1501-A. Definitions.
12 The following words and phrases when used in this article
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Annual pay rate." The base pay rate annualized and, in the
16 case of hourly eligible employees, shall be computed on the
17 basis of expected work hours.
18 "Department." The Department of General Services of the
19 Commonwealth.
20 "Employees." A permanent, continuously scheduled employee of
21 the executive, judicial or legislative branch of the
22 Commonwealth, its commissions, boards, departments and
23 authorities. The term shall include members of the General
24 Assembly.
25 "Life insurance." Life insurance procured under this
26 article.
27 "Secretary." The Secretary of General Services of the
28 Commonwealth.
29 Section 1502-A. Group life insurance.
30 (a) Procurement by department.--Except as provided under
31 subsection (b), the department, with the approval of the
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1 Governor and with the advice of the Insurance Commissioner,
2 shall procure from one or more life insurance companies
3 authorized to do business in this Commonwealth a policy or
4 policies of group life insurance covering eligible employees.
5 (b) Legislative branch.--Upon written notice to the
6 secretary, an individual agency of the General Assembly may
7 procure life insurance for its eligible employees, including
8 members of the General Assembly, in place of life insurance
9 available under subsection (a). Any life insurance procured
10 under this subsection shall, at a minimum, meet the requirements
11 of sections 1503-A, 1504-A, 1505-A, 1506-A and 1508-A.
12 (c) Eligibility.--An employee under subsection (a) or (b) in
13 active service shall be eligible for life insurance under this
14 article if the employee has completed three months' continuous
15 service as an employee under subsection (a) or (b). Temporary
16 employees shall not be eligible.
17 Section 1503-A. Amount.
18 (a) Schedule.--The amount of life insurance for any eligible
19 employee shall be based on the eligible employee's annual pay
20 rate from the Commonwealth in accordance with a schedule to be
21 submitted annually by the secretary for publication in the
22 Pennsylvania Bulletin.
23 (b) Reduction.--The amount of life insurance for any
24 eligible employees 70 years of age or older shall be one-half
25 the amount of life insurance provided under the schedule
26 published under subsection (a).
27 (c) Change in amount.--Any change in the amount of life
28 insurance made necessary by a change in pay shall take effect on
29 the next succeeding program anniversary.
30 Section 1504-A. Contributions.
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1 (a) Eligible employee payment.--Except as provided under
2 subsection (b), each eligible employee covered by life insurance
3 shall pay, either directly or by means of a payroll deduction
4 authorized by the employee, the cost of the insurance in an
5 amount as may be determined from time to time on the basis of
6 the actual total costs of the life insurance policy or policies
7 contracted for by the Commonwealth.
8 (b) Commonwealth payment.--The Commonwealth may agree to pay
9 all or any of the costs for life insurance.
10 Section 1505-A. Termination.
11 (a) Cessation.--Except as provided under subsection (b),
12 life insurance shall, subject to any conversion privilege, cease
13 upon the occurrence of any of the following:
14 (1) Termination of employment.
15 (2) Nonpayment of any contribution due from an eligible
16 employee.
17 (3) After 12 continuous months of unpaid absence.
18 (b) Disability.--Life insurance shall be continued for
19 employees who terminate after becoming permanently and totally
20 disabled while covered under this program.
21 Section 1506-A. Automatic coverage.
22 (a) Provision for coverage.--Any policy of life insurance
23 shall provide that all eligible employees shall be automatically
24 covered commencing on the date they first become eligible.
25 (b) Notice.--An employee desiring not to be covered by life
26 insurance shall give written notice, on a prescribed form, to
27 the employee's employing office that the employee desires not to
28 be insured. If the notice is received before the employee
29 becomes insured under the policy, the employee shall not be
30 insured. If the notice is received after the employee becomes
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1 insured, the employee's insurance under the policy will cease
2 effective with the end of the pay period during which the notice
3 is received by the employing office.
4 Section 1507-A. Secretary to be agent.
5 (a) Agent.--Except for life insurance procured under section
6 1502-A(b), the secretary is exclusively authorized and shall
7 have the duty to transact all business necessary for the purpose
8 of contracting for insurance under this article.
9 (b) Commission.--The life insurance company or companies
10 from whom life insurance is procured by the secretary shall
11 compute commissions in accordance with their standard practice
12 followed in other similar plans. The commissions shall be paid
13 to the secretary to offset administrative and other expenses
14 incurred in the administration of the insurance plan.
15 Section 1508-A. Applicability of insurance laws.
16 All life insurance shall be subject to the laws of this
17 Commonwealth relating to insurance.
18 Section 2. Section 1737-B of the act, added July 5, 2006
19 (P.L.296, No.66), is amended to read:
20 Section 1737-B. State System of Higher Education.
21 [(Reserved).]
22 The following shall apply to executive authorizations from
23 the Keystone Recreation, Park and Conservation Fund for the
24 State System of Higher Education:
25 (1) Notwithstanding the provisions of section 12(b) of
26 the act of July 2, 1993 (P.L.359, No.50), known as the
27 Keystone Recreation, Park and Conservation Fund Act, for
28 fiscal year 2006-2007, the entire amount of the transfer
29 under section 1106-C(d) of the act of March 4, 1971 (P.L.6,
30 No.2), known as the Tax Reform Code of 1971, shall be paid to
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1 the State System of Higher Education.
2 (2) (Reserved).
3 Section 3. The act is amended by adding articles to read:
4 ARTICLE XVII-E
5 GENERAL BUDGET IMPLEMENTATION
6 SUBARTICLE A
7 PRELIMINARY PROVISIONS
8 Section 1701-E. Applicability.
9 This article applies to appropriations from every General
10 Appropriation Act.
11 Section 1702-E. Definitions and abbreviations.
12 (a) Definitions.--The following words and phrases when used
13 in this article shall have the meanings given to them in this
14 section unless the context clearly indicates otherwise:
15 "Secretary." The Secretary of the Budget of the
16 Commonwealth.
17 (b) Abbreviations.--The following abbreviations when used in
18 this article shall have the meanings given to them in this
19 section:
20 "AIDS." Acquired Immune Deficiency Syndrome.
21 "ARC." Appalachian Regional Commission.
22 "BG." Block Grant.
23 "CCDFBG." Child Care and Development Fund Block Grant.
24 "CSBG." Community Services Block Grant.
25 "DCSI." Drug Control and Systems Improvement Formula Grant
26 Program.
27 "DFSC." Drug Free Schools and Communities Act.
28 "DOE." Department of Energy.
29 "EEOC." Equal Employment Opportunity Commission.
30 "EPA." Environmental Protection Agency.
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1 "ESEA." Elementary and Secondary Education Act.
2 "FEMA." Federal Emergency Management Agency.
3 "FTA." Federal Transit Administration.
4 "HUD." Department of Housing and Urban Development.
5 "LIHEABG." Low-Income Home Energy Assistance Block Grant.
6 "LSTA." Library Services and Technology Act.
7 "MCHSBG." Maternal and Child Health Services Block Grant.
8 "MHSBG." Mental Health Services Block Grant.
9 "MR." Mental Retardation.
10 "PAFE." Pennsylvania Agricultural Food Exposition.
11 "PHHSBG." Preventive Health and Health Services Block Grant.
12 "RSAT." Residential Substance Abuse Treatment.
13 "SABG." Substance Abuse Block Grant.
14 "SCDBG." Small Communities Development Block Grant.
15 "SDA." Service Delivery Area.
16 "SSBG." Social Services Block Grant.
17 "TANF." Temporary Assistance for Needy Families.
18 "TANFBG." Temporary Assistance for Needy Families Block
19 Grant.
20 "TEFAP." Temporary Emergency Food Assistance Program.
21 "WIA." Workforce Investment Act.
22 "WIC." Women, Infants and Children Program.
23 Section 1703-E. Warrants.
24 (Reserved).
25 SUBARTICLE B
26 EXECUTIVE DEPARTMENT
27 Section 1711-E. Governor.
28 (Reserved).
29 Section 1712-E. Executive Offices.
30 (Reserved).
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1 Section 1713-E. Lieutenant Governor.
2 (Reserved).
3 Section 1714-E. Attorney General.
4 (Reserved).
5 Section 1715-E. Auditor General.
6 (Reserved).
7 Section 1716-E. Treasury Department.
8 (Reserved).
9 Section 1717-E. Department of Aging.
10 (Reserved).
11 Section 1718-E. Department of Agriculture.
12 (Reserved).
13 Section 1719-E. Department of Community and Economic
14 Development.
15 (Reserved).
16 Section 1720-E. Department of Conservation and Natural
17 Resources.
18 (Reserved).
19 Section 1721-E. Department of Corrections.
20 (Reserved).
21 Section 1722-E. Department of Education.
22 (Reserved).
23 Section 1723-E. Department of Environmental Protection.
24 (Reserved).
25 Section 1724-E. Department of General Services.
26 (Reserved).
27 Section 1725-E. Department of Health.
28 (Reserved).
29 Section 1726-E. Insurance Department.
30 (Reserved).
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1 Section 1727-E. Department of Labor and Industry.
2 (Reserved).
3 Section 1728-E. Department of Military and Veterans Affairs.
4 (Reserved).
5 Section 1729-E. Department of Public Welfare.
6 The following shall apply to appropriations for the
7 Department of Public Welfare:
8 (1) (Reserved).
9 (2) Federal and State medical assistance payments. The
10 following shall apply:
11 (i) (Reserved).
12 (ii) (Reserved).
13 (iii) (Reserved).
14 (iv) (Reserved).
15 (v) (Reserved).
16 (vi) (Reserved).
17 (vii) The following shall apply to eligibility
18 determinations for services under medical assistance:
19 (A) Unless the custodial parent or legally
20 responsible adult has provided to the department, at
21 application or redetermination, information required
22 by the department for inclusion in the annual report
23 under clause (B), no funds from an appropriation for
24 medical assistance shall be used to pay for medical
25 assistance services for a child under 21 years of
26 age:
27 (I) who has a Supplemental Security Income
28 (SSI) level of disability; and
29 (II) whose parental income is not currently
30 considered in the eligibility determination
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1 process.
2 (B) The department shall submit to the Public
3 Health and Welfare Committee of the Senate and the
4 Health and Human Services Committee of the House of
5 Representatives an annual report including the
6 following data:
7 (I) Family size.
8 (II) Household income.
9 (III) County of residence.
10 (IV) Length of residence in this
11 Commonwealth.
12 (V) Third-party insurance information.
13 (VI) Diagnosis and type and cost of services
14 paid for by the medical assistance program on
15 behalf of each eligible and enrolled child
16 described in clause (A).
17 Section 1730-E. Department of Revenue.
18 (Reserved).
19 Section 1731-E. Department of State.
20 (Reserved).
21 Section 1732-E. Department of Transportation.
22 (Reserved).
23 Section 1733-E. Pennsylvania State Police.
24 (Reserved).
25 Section 1734-E. State Civil Service Commission.
26 (Reserved).
27 Section 1735-E. Pennsylvania Emergency Management Agency.
28 (Reserved).
29 Section 1736-E. Pennsylvania Fish and Boat Commission.
30 (Reserved).
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1 Section 1737-E. State System of Higher Education.
2 (Reserved).
3 Section 1738-E. Pennsylvania Higher Education Assistance
4 Agency.
5 (Reserved).
6 Section 1739-E. Pennsylvania Historical and Museum Commission.
7 (Reserved).
8 Section 1740-E. Pennsylvania Infrastructure Investment
9 Authority.
10 (Reserved).
11 Section 1741-E. Environmental Hearing Board.
12 (Reserved).
13 Section 1742-E. Pennsylvania Board of Probation and Parole.
14 (Reserved).
15 Section 1743-E. Pennsylvania Public Television Network
16 Commission.
17 (Reserved).
18 Section 1744-E. Pennsylvania Securities Commission.
19 (Reserved).
20 Section 1745-E. State Tax Equalization Board.
21 (Reserved).
22 Section 1746-E. Health Care Cost Containment Council.
23 (Reserved).
24 Section 1747-E. State Ethics Commission.
25 (Reserved).
26 Section 1748-E. State Employees' Retirement System.
27 (Reserved).
28 Section 1749-E. Thaddeus Stevens College of Technology.
29 (Reserved).
30 Section 1750-E. Pennsylvania Housing Finance Agency.
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1 (Reserved).
2 Section 1751-E. LIHEABG.
3 The following shall apply to expenditures:
4 (1) The Department of Public Welfare may, upon approval
5 of the secretary, make transfers of Federal funds
6 appropriated to the Department of Community and Economic
7 Development from LIHEABG for weatherization and
8 administration if the transfer will not result in a deficit
9 in any appropriation from which funds are transferred.
10 (2) Unexpended weatherization funds which would result
11 in LIHEABG funds being returned to the Department of Health
12 and Human Services may be spent for assistance grants at the
13 discretion of the secretary.
14 (3) The secretary shall provide ten days' prior
15 notification of a transfer under paragraph (1) or (2) to the
16 chairman and the minority chairman of the Appropriations
17 Committee of the Senate and the chairman and minority
18 chairman of the Appropriations Committee of the House of
19 Representatives.
20 Section 1752-E. Budget Stabilization Reserve Fund.
21 (Reserved).
22 SUBARTICLE C
23 LEGISLATIVE DEPARTMENT
24 Section 1761-E. Senate.
25 (Reserved).
26 Section 1762-E. House of Representatives.
27 (Reserved).
28 Section 1763-E. Legislative Reference Bureau.
29 (1) Notwithstanding any other provision of law to the
30 contrary, including 62 Pa.C.S. (relating to procurement), the
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1 Pennsylvania Consolidated Statutes, advance copies of
2 statutes, volumes of the Laws of Pennsylvania and other
3 publications shall be printed under contracts entered into by
4 the Legislative Reference Bureau and distributed as
5 determined by the bureau. Money from sales shall be paid to
6 the bureau or the Department of General Services, as the
7 bureau shall determine; and that money shall be paid into the
8 State Treasury to the credit of the General Fund. Money from
9 sales is hereby appropriated from the General Fund to the
10 Legislative Reference Bureau for the editing, printing and
11 distribution of the Pennsylvania Consolidated Statutes,
12 advance copies of statutes, volumes of the Laws of
13 Pennsylvania and other publications and for related expenses.
14 (2) Contingent expenses connected with the work of the
15 bureau shall be paid on warrants of the State Treasurer in
16 favor of the director on the presentation of the director's
17 requisitions.
18 (3) The director shall file an accounting of the
19 contingent expenses, together with supporting documents
20 whenever possible, in the office of the bureau.
21 Section 1764-E. Legislative Budget and Finance Committee.
22 (Reserved).
23 Section 1765-E. Legislative Data Processing Committee.
24 (Reserved).
25 Section 1766-E. Joint State Government Commission.
26 (Reserved).
27 Section 1767-E. Local Government Commission.
28 (Reserved).
29 Section 1768-E. Joint Legislative Air and Water Pollution
30 Control and Conservation Committee.
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1 (Reserved).
2 Section 1769-E. Legislative Audit Advisory Commission.
3 (Reserved).
4 Section 1770-E. Independent Regulatory Review Commission.
5 (Reserved).
6 Section 1771-E. Capitol Preservation Committee.
7 (Reserved).
8 Section 1772-E. Pennsylvania Commission on Sentencing.
9 (Reserved).
10 Section 1773-E. Center for Rural Pennsylvania.
11 (Reserved).
12 Section 1774-E. Commonwealth Mail Processing Center.
13 (Reserved).
14 Section 1775-E. Chief Clerk of the Senate and Chief Clerk of
15 the House of Representatives.
16 (Reserved).
17 SUBARTICLE D
18 JUDICIAL DEPARTMENT
19 Section 1781-E. Supreme Court.
20 (Reserved).
21 Section 1782-E. Superior Court.
22 (Reserved).
23 Section 1783-E. Commonwealth Court.
24 (Reserved).
25 Section 1784-E. Courts of common pleas.
26 (Reserved).
27 Section 1785-E. Community courts - magisterial district judges.
28 (Reserved).
29 Section 1786-E. Philadelphia Traffic Court.
30 (Reserved).
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1 Section 1787-E. Philadelphia Municipal Court.
2 (Reserved).
3 Section 1788-E. Judicial Conduct Board.
4 (Reserved).
5 Section 1789-E. Court of Judicial Discipline.
6 (Reserved).
7 Section 1790-E. Juror cost reimbursement.
8 (Reserved).
9 Section 1791-E. County court reimbursement.
10 (Reserved).
11 Section 1792-E. Senior judges.
12 (Reserved).
13 Section 1793-E. Transfer of funds by Supreme Court.
14 (Reserved).
15 SUBARTICLE E
16 RESTRICTIONS ON APPROPRIATIONS
17 FOR FUNDS AND ACCOUNTS
18 Section 1799-E. State Gaming Fund.
19 (a) Transfers for Volunteer Fire Company and Volunteer
20 Ambulance Service Grant Act.--Commencing with Fiscal Year 2007-
21 2008 and continuing annually thereafter, the sum of $25,000,000
22 shall be transferred from the State Gaming Fund to the General
23 Fund and is hereby appropriated on a continuing basis to the
24 Pennsylvania Emergency Management Agency for the purpose of
25 making grants in accordance with Chapter 7 of the act of July
26 31, 2003 (P.L.73, No.17), known as the Volunteer Fire Company
27 and Volunteer Ambulance Service Grant Act. Annually the sum of
28 $22,000,000 shall be expended for the purpose of making grants
29 to eligible volunteer fire companies pursuant to Chapter 3 of
30 the Volunteer Fire Company and Volunteer Ambulance Service Grant
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1 Act. Annually the sum of $3,000,000 shall be expended for the
2 purpose of making grants to eligible volunteer ambulance
3 services pursuant to Chapter 5 of the Volunteer Fire Company and
4 Volunteer Ambulance Service Grant Act.
5 (b) Provision of documents.--Notwithstanding any other law
6 to the contrary, the Pennsylvania Gaming Control Board shall
7 provide all documents, files, records and accounts to a member
8 of the General Assembly or the staff of a member or committee of
9 the General Assembly within three days of the written or oral
10 request of the member or staff member. This subsection shall
11 apply to any document, file, policy directive, memorandum of
12 understanding, operations materials or any other records in the
13 board's possession or control with the exception of employee
14 disciplinary information or personal identification information
15 of an employee of the board, including home telephone number,
16 home address or Social Security number. The board may redact
17 information that constitutes a trade secret of an applicant or
18 gaming entity or information protected under 4 Pa.C.S. § 1206(f)
19 (relating to board minutes and records).
20 (c) Performance audit.--A performance audit of the
21 Pennsylvania Gaming Control Board by the Auditor General shall
22 be paid for from funds appropriated to the Auditor General.
23 (d) Utilization.--The board shall not encumber or commit
24 funds obtained from any source, including a commercial loan or
25 the sale of gaming receipts, unless appropriated by the General
26 Assembly.
27 ARTICLE XVII-F
28 2007-2008 BUDGET IMPLEMENTATION
29 SUBARTICLE A
30 PRELIMINARY PROVISIONS
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1 Section 1701-F. Applicability.
2 Except as specifically provided in this article, this article
3 applies to the General Appropriation Act of 2007.
4 Section 1702-F. Definitions and abbreviations.
5 (a) Definitions.--The following words and phrases when used
6 in this article shall have the meanings given to them in this
7 section unless the context clearly indicates otherwise:
8 "General Appropriation Act." The act of , 2007
9 (P.L. , No. ), known as the General Appropriation Act of
10 2007.
11 "Secretary." The Secretary of the Budget of the
12 Commonwealth.
13 (b) Abbreviations.--The following abbreviations when used in
14 this article shall have the meanings given to them in this
15 section:
16 "AIDS." Acquired Immune Deficiency Syndrome.
17 "ARC." Appalachian Regional Commission.
18 "BG." Block Grant.
19 "CCDFBG." Child Care and Development Fund Block Grant.
20 "CSBG." Community Services Block Grant.
21 "DCSI." Drug Control and Systems Improvement Formula Grant
22 Program.
23 "DFSC." Drug Free Schools and Communities Act.
24 "DOE." Department of Energy.
25 "EEOC." Equal Employment Opportunity Commission.
26 "EPA." Environmental Protection Agency.
27 "ESEA." Elementary and Secondary Education Act.
28 "FEMA." Federal Emergency Management Agency.
29 "FTA." Federal Transit Administration.
30 "HUD." Department of Housing and Urban Development.
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1 "LIHEABG." Low-Income Home Energy Assistance Block Grant.
2 "LSTA." Library Services and Technology Act.
3 "MCHSBG." Maternal and Child Health Services Block Grant.
4 "MHSBG." Mental Health Services Block Grant.
5 "MR." Mental Retardation.
6 "PAFE." Pennsylvania Agricultural Food Exposition.
7 "PHHSBG." Preventive Health and Health Services Block Grant.
8 "RSAT." Residential Substance Abuse Treatment.
9 "SABG." Substance Abuse Block Grant.
10 "SCDBG." Small Communities Development Block Grant.
11 "SDA." Service Delivery Area.
12 "SSBG." Social Services Block Grant.
13 "TANF." Temporary Assistance for Needy Families.
14 "TANFBG." Temporary Assistance for Needy Families Block
15 Grant.
16 "TEFAP." Temporary Emergency Food Assistance Program.
17 "WIA." Workforce Investment Act.
18 "WIC." Women, Infants and Children Program.
19 Section 1703-F. Warrants.
20 (Reserved).
21 SUBARTICLE B
22 EXECUTIVE DEPARTMENT
23 Section 1711-F. Governor.
24 (Reserved).
25 Section 1712-F. Executive Offices.
26 The following shall apply to appropriations for the Executive
27 Offices in the General Appropriation Act:
28 (1) Pennsylvania Commission on Crime and Delinquency.
29 (i) Funds remaining after application of section 202
30 of the General Appropriation Act for the appropriation
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1 for grants-in-aid for intermediate punishment programs
2 shall be distributed to counties based on the following
3 formula:
4 (A) Fifty percent shall be based on the
5 proportion of offenders diverted from the county
6 prison system to county intermediate punishment
7 programs.
8 (B) Fifty percent shall be based on the
9 proportion of offenders diverted from the State
10 correctional system to the county prison system.
11 (2) Grants for specialized probation services, including
12 school-based, community-based, intensive supervision and
13 aftercare services shall be provided in accordance with
14 standards adopted by the Juvenile Court Judges Commission.
15 Section 1713-F. Lieutenant Governor.
16 (Reserved).
17 Section 1714-F. Attorney General.
18 (Reserved).
19 Section 1715-F. Auditor General.
20 Funds appropriated to the Department of the Auditor General
21 shall be for the purpose of performing postaudits in accordance
22 with generally accepted government auditing standards.
23 Section 1716-F. Treasury Department.
24 The following shall apply to appropriations to the Treasury
25 Department in the General Appropriation Act:
26 (1) Payments for the Commonwealth's portion of expenses
27 of councils, commissions, conferences, boards, associations,
28 coalitions and institutes shall be made only on requisition
29 of the Governor on behalf of the organization, which shall
30 file an accounting of expenses with the Auditor General.
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1 (2) (Reserved).
2 Section 1717-F. Department of Aging.
3 (Reserved).
4 Section 1718-F. Department of Agriculture.
5 The following shall apply to appropriations for the
6 Department of Agriculture in the General Appropriation Act:
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-F. Department of Community and Economic
26 Development.
27 The following shall apply to appropriations for the
28 Department of Community and Economic Development in the General
29 Appropriation Act:
30 (1) Grants from funds appropriated for community
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1 revitalization and assistance shall be awarded only after
2 program guidelines, schedules and application procedures are
3 established by the department and published in the
4 Pennsylvania Bulletin.
5 (2) No more than 20% of funds appropriated for grants
6 under the act of May 20, 1949 (P.L.1633, No.493), known as
7 the Housing and Redevelopment Assistance Law, shall be
8 allocated to any one political subdivision.
9 Section 1720-F. Department of Conservation and Natural
10 Resources.
11 (Reserved).
12 Section 1721-F. Department of Corrections.
13 The following shall apply to appropriations for the
14 Department of Corrections in the General Appropriation Act:
15 (1) When making expenditures from appropriations for the
16 operation of State correctional institutions, the Department
17 of Corrections shall give consideration to minimum relief
18 factor values calculated when determining staffing levels for
19 corrections officers and food service instructors at each
20 State correctional institution.
21 (2) (Reserved).
22 Section 1722-F. Department of Education.
23 The following shall apply to appropriations of the Department
24 of Education in the General Appropriation Act:
25 (1) Annual payments from the appropriation to
26 institutions of higher learning for defraying the expenses of
27 deaf or blind students shall not exceed $500 per student.
28 (2) (Reserved).
29 Section 1723-F. Department of Environmental Protection.
30 (Reserved).
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1 Section 1724-F. Department of General Services.
2 (Reserved).
3 Section 1725-F. Department of Health.
4 The following shall apply to appropriations for the
5 Department of Health in the General Appropriation Act:
6 (1) Funds appropriated for lupus programs shall be
7 distributed in the same proportion as distributed in Fiscal
8 Year 2006-2007.
9 (2) Funds appropriated for arthritis outreach and
10 education shall be equitably distributed among the central,
11 western and eastern regions of this Commonwealth based on the
12 ratio of population served in each region to the total
13 population served in this Commonwealth.
14 Section 1726-F. Insurance Department.
15 (Reserved).
16 Section 1727-F. Department of Labor and Industry.
17 The following shall apply to appropriations for the
18 Department of Labor and Industry in the General Appropriation
19 Act:
20 (1) The appropriation for payment to the Vocational
21 Rehabilitation Fund for work of the State Board of Vocational
22 Rehabilitation includes $2,584,000 for a Statewide
23 professional service provider association for the blind to
24 provide specialized services and prevention of blindness
25 services and $518,000 to provide specialized services and
26 prevention of blindness services in cities of the first
27 class.
28 (2) For the "Reed Act-Unemployment Insurance" and "Reed
29 Act-Employment Services and Unemployment Insurance"
30 appropriations, the total amount which may be obligated shall
20070H1295B2349 - 22 -
1 not exceed the limitations under section 903 of the Social
2 Security Act (49 Stat. 620, 42 U.S.C. § 1103).
3 Section 1728-F. Department of Military and Veterans Affairs.
4 (Reserved).
5 Section 1729-F. Department of Public Welfare.
6 The following shall apply to appropriations for the
7 Department of Public Welfare from the General Appropriation Act:
8 (1) Authorized transfers for child care services. The
9 following shall apply:
10 (i) The department, upon approval of the secretary,
11 may transfer Federal funds appropriated for TANFBG Child
12 Care Assistance to the CCDFBG Child Care Services
13 appropriation to provide child care services to
14 additional low income families if the transfer of funds
15 will not result in a deficit in the appropriation. The
16 secretary shall provide notice ten days prior to a
17 transfer under this subparagraph to the chairman and
18 minority chairman of the Appropriations Committee of the
19 Senate and the chairman and minority chairman of the
20 Appropriations Committee of the House of Representatives.
21 (ii) The department, upon approval of the secretary,
22 may transfer Federal funds appropriated for CCDFBG Child
23 Care Assistance to the CCDFBG Child Care Services
24 appropriation to provide child care services to
25 additional low income families provided that the transfer
26 of funds will not result in a deficit in the
27 appropriation. The secretary shall provide notice ten
28 days prior to a transfer under this subparagraph to the
29 chairman and minority chairman of the Appropriations
30 Committee of the Senate and the chairman and the minority
20070H1295B2349 - 23 -
1 chairman of the Appropriations Committee of the House of
2 Representatives.
3 (2) Federal and State medical assistance payments. The
4 following shall apply:
5 (i) When making payments for medical assistance
6 outpatient or capitation services, the department shall
7 not require a recipient to obtain a physician referral in
8 order to receive chiropractic services.
9 (ii) No funds appropriated for approved capitation
10 plans shall be used to pay a provider who fails to supply
11 information in a form required by the department in order
12 to facilitate claims for Federal financial participation
13 for services rendered to general assistance clients.
14 (iii) For Fiscal Year 2007-2008, the department
15 shall not make application for an approval of
16 modification to its State plan or a waiver or an
17 amendment to a waiver for medical assistance as provided
18 under the Social Security Act (49 Stat. 620, 42 U.S.C. §
19 301 et seq.) regarding pharmaceutical services provided
20 through the Commonwealth's HealthChoices Program or take
21 any other action to remove pharmaceutical services as a
22 covered benefit from the HealthChoices Program. Funds
23 appropriated for pharmaceutical services provided through
24 contracts with managed care contractors under the
25 HealthChoices Program shall remain in the HealthChoices
26 Program to provide such services for individuals
27 participating in the program.
28 (iv) For Fiscal Year 2007-2008, the department shall
29 continue to administer a program of voluntary managed
30 care for physical health services through contracts with
20070H1295B2349 - 24 -
1 managed care organizations for medical assistance
2 recipients residing outside the geographic areas where
3 mandatory managed care is provided. Managed care
4 contractors participating in the voluntary managed care
5 program shall provide substantially the same physical
6 health care benefits as are made available to recipients
7 under the mandatory managed care program. The department
8 shall allow recipients to voluntarily participate in a
9 managed care plan and notify the recipients of their
10 choices among contractors or fee-for-service Medicaid.
11 (v) For Fiscal Year 2007-2008, additional Federal
12 and State inpatient funding is included to provide for
13 Community Access Fund payments. Payments to hospitals for
14 Community Access Fund Grants shall be distributed under
15 the formulas utilized for these grants in Fiscal Year
16 2006-2007.
17 (vi) Qualifying State-related academic medical
18 centers shall not receive any less funding than received
19 for the Fiscal Year 2004-2005 State appropriation level
20 if Federal funding for academic medical centers is not
21 made available to those academic medical centers during
22 Fiscal Year 2007-2008.
23 (vii) Funds appropriated for medical assistance
24 transportation shall only be utilized as a payment of
25 last resort for transportation for eligible medical
26 assistance recipients.
27 (3) Any rule, regulation or policy for the Federal or
28 State appropriations for the cash assistance, outpatient,
29 inpatient, capitation, behavioral health, long-term care and
30 Supplemental Grants to the Aged, Blind and Disabled, Child
20070H1295B2349 - 25 -
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 (4) Women's service programs. The following shall apply:
7 (i) Funds appropriated for women's service programs
8 grants to nonprofit agencies whose primary function is to
9 provide alternatives to abortion shall be expended to
10 provide services to women until childbirth and for up to
11 12 months thereafter, including food, shelter, clothing,
12 health care, counseling, adoption services, parenting
13 classes, assistance for postdelivery stress and other
14 supportive programs and services and for related outreach
15 programs. Agencies may subcontract with other nonprofit
16 entities which operate projects designed specifically to
17 provide all or a portion of these services. Projects
18 receiving funds referred to in this subparagraph shall
19 not promote, refer for or perform abortions or engage in
20 any counseling which is inconsistent with the
21 appropriation referred to in this subparagraph and shall
22 be physically and financially separate from any component
23 of any legal entity engaging in such activities.
24 (ii) Funds appropriated for women's service programs
25 shall be used for women's medical services, including
26 noninvasive contraception supplies.
27 (iii) Federal funds appropriated for TANFBG
28 Alternatives to Abortion shall be utilized solely for
29 services to women whose gross family income is below 185%
30 of the Federal poverty guidelines.
20070H1295B2349 - 26 -
1 (5) Behavioral health services. All available
2 intergovernmental transfer funds appropriated to augment
3 appropriations, including prior year carryover funds, shall
4 be spent prior to Commonwealth funds.
5 (6) County children and youth programs. The following
6 shall apply:
7 (i) No more than 50% of funds allocated from the
8 State appropriation for county children and youth
9 programs to each county shall be expended until each
10 county submits to the department data for the prior State
11 fiscal year, and updated quarterly, on the unduplicated
12 caseloads, unduplicated services and number of
13 caseworkers by county program. Data shall be submitted in
14 a form acceptable to the department. A copy of the data
15 shall be sent to the chairman and minority chairman of
16 the Appropriations Committee of the Senate and to the
17 chairman and the minority chairman of the Appropriations
18 Committee of the House of Representatives.
19 (ii) Reimbursement for children and youth services
20 made pursuant to section 704.1 of the act of June 13,
21 1967 (P.L.31, No.21), known as the Public Welfare Code,
22 shall not exceed the amount of State funds appropriated.
23 It is the intent of the General Assembly that counties do
24 not experience any adverse fiscal impact due to the
25 department's maximization efforts.
26 (7) TANF transition. Funds appropriated for Child
27 Welfare TANF transition may be disbursed by the department in
28 accordance with section 205 of the Public Welfare Code as one
29 time grants to county children and youth agencies. The
30 department shall utilize guidelines adopted in consultation
20070H1295B2349 - 27 -
1 with the County Commissioners Association of Pennsylvania to
2 govern eligibility for a grant and the nature and extent of
3 other unfunded child welfare expenditures for which grants
4 may be used. The maximum one time transition grant to a
5 county in Fiscal Year 2007-2008 may be less than but shall
6 not exceed the amount specified in a county's "State TANF
7 Transition Funds" revenue line as reflected in the Fiscal
8 Year 2006-2007 tentative county child welfare allocation,
9 dated February 28, 2006.
10 (8) Behavioral health services transition. The
11 department, upon approval of the secretary, may transfer
12 Federal and State funds appropriated for behavioral health
13 services transition to counties to provide for children and
14 youth programs, child abuse and neglect prevention or medical
15 assistance capitation.
16 (9) Community-based family centers. No funds
17 appropriated for community-based family centers may be
18 considered as part of the base for calculation of the county
19 child welfare needs-based budget for a fiscal year.
20 Section 1730-F. Department of Revenue.
21 (Reserved).
22 Section 1731-F. Department of State.
23 (Reserved).
24 Section 1732-F. Department of Transportation.
25 (Reserved).
26 Section 1733-F. Pennsylvania State Police.
27 The following shall apply to appropriations for the
28 Pennsylvania State Police from the General Appropriation Act:
29 (1) During Fiscal Year 2007-2008, the Pennsylvania State
30 Police may not close a barracks until the Pennsylvania State
20070H1295B2349 - 28 -
1 Police conduct a public hearing and provide 30 days' notice,
2 which shall be published in the Pennsylvania Bulletin and in
3 at least two local newspapers.
4 (2) (Reserved).
5 Section 1734-F. State Civil Service Commission.
6 Funds appropriated to the State Civil Service Commission
7 shall include any funds collected by the commission for the
8 administration of the merit system for employees under the act
9 of August 5, 1941 (P.L.752, No.286), known as the Civil Service
10 Act.
11 Section 1735-F. Pennsylvania Emergency Management Agency.
12 The Pennsylvania Emergency Management Agency shall provide
13 semiannual reports of all grants awarded by Pennsylvania
14 Emergency Management Agency from Federal disaster assistance or
15 relief funds, homeland security and defense funds, avian
16 flu/pandemic preparedness or other public health emergency funds
17 to the chairman and minority chairman of the Appropriations
18 Committee of the Senate and the chairman and minority chairman
19 of the Appropriations Committee of the House of Representatives.
20 The reports shall include information relating to the entity
21 receiving grant money from the Pennsylvania Emergency Management
22 Agency, including the name and address of the entity, the amount
23 of the grant, the date of issuance and the purpose of the grant.
24 Reports shall be submitted on or before August 15 of each year
25 for grants awarded during the period from January 1 through June
26 30 and on or before February 15 of each year for grants awarded
27 during the period from July 1 through December 31.
28 Section 1736-F. Pennsylvania Fish and Boat Commission.
29 (Reserved).
30 Section 1737-F. State System of Higher Education.
20070H1295B2349 - 29 -
1 (Reserved).
2 Section 1738-F. Pennsylvania Higher Education Assistance
3 Agency.
4 The following shall apply to appropriations for the
5 Pennsylvania Higher Education Assistance Agency from the General
6 Appropriation Act:
7 (1) Maximization of funds. The Pennsylvania Higher
8 Education Assistance Agency shall use funds appropriated for
9 matching payments for student aid funds to maximize the
10 receipt of Federal funds to the fullest extent possible.
11 (2) Limitation. No college, university or institution
12 receiving a direct appropriation from the Commonwealth shall
13 be eligible to participate in the institutional assistance
14 grants program.
15 (3) Agricultural loan forgiveness. In distributing funds
16 appropriated for agricultural loan forgiveness, the agency
17 shall give preference to renewal applicants.
18 Section 1739-F. Pennsylvania Historical and Museum Commission.
19 (Reserved).
20 Section 1740-F. Pennsylvania Infrastructure Investment
21 Authority.
22 (Reserved).
23 Section 1741-F. Environmental Hearing Board.
24 (Reserved).
25 Section 1742-F. Pennsylvania Board of Probation and Parole.
26 The following shall apply to the appropriation for the
27 Pennsylvania Board of Probation and Parole from the General
28 Appropriation Act:
29 (1) Work performed under the drug offenders' work
30 program appropriation for the board shall in no case replace
20070H1295B2349 - 30 -
1 jobs protected by a collective bargaining unit.
2 (2) (Reserved).
3 Section 1743-F. Pennsylvania Public Television Network
4 Commission.
5 (Reserved).
6 Section 1744-F. Pennsylvania Securities Commission.
7 (Reserved).
8 Section 1745-F. State Tax Equalization Board.
9 (Reserved).
10 Section 1746-F. Health Care Cost Containment Council.
11 The Health Care Cost Containment Council shall submit a
12 report to the chairman and minority chairman of the
13 Appropriations Committee of the Senate and the chairman and
14 minority chairman of the Appropriations Committee of the House
15 of Representatives specifying the amount and source of proceeds
16 received from the sale of data by the council. Proceeds received
17 from the sale shall be deposited in the General Fund and shall
18 not be expended unless appropriated by the General Assembly. The
19 report shall supplement the annual report of financial
20 expenditures required under section 17.1 of the act of July 8,
21 1986 (P.L.408, No.89), known as the Health Care Cost Containment
22 Act.
23 Section 1747-F. State Ethics Commission.
24 (Reserved).
25 Section 1748-F. State Employees' Retirement System.
26 (Reserved).
27 Section 1749-F. Thaddeus Stevens College of Technology.
28 (Reserved).
29 Section 1750-F. Pennsylvania Housing Finance Agency.
30 (Reserved).
20070H1295B2349 - 31 -
1 Section 1751-F. LIHEABG.
2 (Reserved).
3 Section 1752-F. Budget Stabilization Reserve Fund.
4 (Reserved).
5 SUBARTICLE C
6 LEGISLATIVE DEPARTMENT
7 (RESERVED)
8 SUBARTICLE D
9 JUDICIAL DEPARTMENT
10 Section 1781-F. Supreme Court.
11 (a) Administrative Office.--Funds appropriated for the
12 Administrative Office of Pennsylvania Courts may be used for the
13 operation of the Pennsylvania Board of Law Examiners. Funds
14 provided to the board shall be repaid in full to the office,
15 without interest or charges, from revenues of the board.
16 (b) County court administrators.--No funds from any
17 appropriation other than the appropriation for county court
18 administrators for the Unified Judicial System may be used to
19 supplement payments to county court administrators.
20 Section 1782-F. Superior Court.
21 (Reserved).
22 Section 1783-F. Commonwealth Court.
23 (Reserved).
24 Section 1784-F. Courts of common pleas.
25 The following shall apply to appropriations for the courts of
26 common pleas in the General Appropriation Act.
27 (1) No payment may be made from the appropriation for
28 salaries and expenses of courts of common pleas judges for
29 printing, postage, telephone or supplies.
30 (2) No payment may be made for expenses of any kind
20070H1295B2349 - 32 -
1 relating to education.
2 Section 1785-F. Community courts - magisterial district judges.
3 All of the following apply to the appropriation in the
4 General Appropriation Act for salaries and expenses of community
5 court judges and magisterial district judges:
6 (1) Except for printing costs related to 42 Pa.C.S. §
7 3532 (relating to expenses), no other costs for printing,
8 postage, telephone or supplies may be paid for from the
9 appropriation.
10 (2) No expenses of any kind relating to education may be
11 paid for from the appropriation.
12 Section 1786-F. Philadelphia Traffic Court.
13 (Reserved).
14 Section 1787-F. Philadelphia Municipal Court.
15 (Reserved).
16 Section 1788-F. Judicial Conduct Board.
17 (Reserved).
18 Section 1789-F. Court of Judicial Discipline.
19 (Reserved).
20 Section 1790-F. Juror cost reimbursement.
21 (Reserved).
22 Section 1791-F. County court reimbursement.
23 County court reimbursements shall be as follows:
24 (1) Reimbursement to counties for costs incurred in the
25 administration and operation of courts of common pleas shall
26 be paid as follows:
27 (i) For each common pleas court judge, filled or
28 vacant, $70,000 per authorized position.
29 (ii) Judicial districts comprising more than one
30 county shall receive $70,000 per authorized position. The
20070H1295B2349 - 33 -
1 amount payable to each county shall be determined by the
2 proportion of the county's population in relation to the
3 population of the entire judicial district.
4 (iii) No county shall be reimbursed for costs above
5 the actual direct costs, excluding capital outlays,
6 incurred to operate the courts of common pleas.
7 (iv) No county shall receive less than 77.5% of the
8 actual reimbursement for court costs appropriated in
9 Fiscal Year 1980-1981.
10 (v) Reimbursement shall be made to the county
11 treasurer and, in cities of the first class coterminous
12 with counties of the first class, to the city treasurer.
13 (2) (Reserved).
14 Section 1792-F. Senior judges.
15 (a) Health benefits.--Subject to subsection (b),
16 appropriations for the Superior Court, Commonwealth Court,
17 courts of common pleas, community courts, magisterial district
18 judges, the Philadelphia Municipal Court and the Philadelphia
19 Traffic Court may be used to pay for health benefits for senior
20 judges working as active or senior judges for a minimum of 75
21 days in the prior calendar year.
22 (b) Limitation.--Senior judges of the courts of common pleas
23 shall not be assigned unless adequate funds are appropriated to
24 provide compensation. A senior judge assigned in excess of
25 existing appropriations shall be compensated from the
26 appropriation for the Supreme Court.
27 Section 1793-F. Transfer of funds by Supreme Court.
28 The Supreme Court may transfer to the Judicial Department
29 during the fiscal year funds appropriated in sections 281, 282,
30 283, 284, 285, 286, 287, 290 and 291 of the General
20070H1295B2349 - 34 -
1 Appropriation Act among any of the line items contained within
2 those sections. In order to avoid a deficit in any line items in
3 those sections, the Supreme Court may also transfer funds
4 deposited into the Judicial Computer System Augmentation Account
5 to any line items in those sections. The Supreme Court may also
6 transfer excess funds appropriated in those sections to the
7 Judicial Computer System Augmentation Account during the month
8 of June 2008. If the Supreme Court makes a transfer under this
9 section, the Supreme Court shall give written notification to
10 the secretary and chairman and minority chairman of the
11 Appropriations Committee of the Senate and the chairman and
12 minority chairman of the Appropriations Committee of the House
13 of Representatives ten days prior to any transfer. This section
14 shall not apply to the appropriation in section 291 of the
15 General Appropriation Act for gun courts.
16 ARTICLE XVII-G
17 2007-2008 RESTRICTIONS ON APPROPRIATIONS
18 FOR FUNDS AND ACCOUNTS
19 Section 1701-G. Applicability.
20 Except as specifically provided in this article, this article
21 applies to the General Appropriation Act of 2007.
22 Section 1702-G. State Lottery Fund.
23 (1) Funds appropriated for PENNCARE shall not be
24 utilized for administrative costs by the Department of Aging.
25 (2) (Reserved).
26 Section 1703-G. Energy Conservation and Assistance Fund.
27 No less than 75% of the appropriation for energy conservation
28 programs under the act of July 10, 1986 (P.L.1398, No.122),
29 known as the Energy Conservation and Assistance Act, shall be
30 used for programs listed as priorities in section 7(b) of the
20070H1295B2349 - 35 -
1 Energy Conservation and Assistance Act.
2 Section 1704-G. Judicial Computer System Augmentation Account.
3 The Supreme Court and the Court Administrator of Pennsylvania
4 are prohibited from augmenting the amount appropriated to the
5 Judicial Computer System Augmentation Account by billings to
6 other appropriations to the judicial branch for the Statewide
7 Judicial Computer System or for any other purpose.
8 Section 1705-G. Emergency Medical Services Operating Fund.
9 (Reserved).
10 Section 1706-G. State Stores Fund.
11 (Reserved).
12 Section 1707-G. Motor License Fund.
13 (Reserved).
14 Section 1708-G. Hazardous Material Response Fund.
15 (Reserved).
16 Section 1709-G. Milk Marketing Fund.
17 (Reserved).
18 Section 1710-G. Home Investment Trust Fund.
19 (Reserved).
20 Section 1711-G. Tuition Payment Fund.
21 (Reserved).
22 Section 1712-G. Banking Department Fund.
23 (Reserved).
24 Section 1713-G. Firearm Records Check Fund.
25 (Reserved).
26 Section 1714-G. Ben Franklin Technology Development Authority
27 Fund.
28 Funds allocated from the appropriation for the Ben Franklin
29 Centers for Fiscal Year 2007-2008 shall not be less than the
30 allocation for Fiscal Year 2006-2007.
20070H1295B2349 - 36 -
1 Section 1715-G. Tobacco Settlement Fund.
2 (a) Deposits.--Notwithstanding sections 303(b)(3) and (4)
3 and 306(b)(1)(iii) and (vi) of the act of June 26, 2001
4 (P.L.755, No.77), known as the Tobacco Settlement Act, the
5 following shall apply:
6 (1) For Fiscal Year 2007-2008, funds derived pursuant to
7 section 303(b)(3) of the Tobacco Settlement Act shall be
8 deposited into the Tobacco Settlement Fund.
9 (2) For Fiscal Year 2007-2008, funds derived pursuant to
10 section 303(b)(4) of the Tobacco Settlement Act during Fiscal
11 Year 2006-2007 shall be deposited into the fund.
12 (3) For Fiscal Year 2007-2008, one-fourth of the money
13 appropriated pursuant to section 306(b)(1)(iii) of the
14 Tobacco Settlement Act may not be expended, transferred or
15 lapsed but shall remain in the fund.
16 (4) For Fiscal Year 2007-2008, one-eighth of the funds
17 appropriated pursuant to section 306(b)(1)(vi) of the Tobacco
18 Settlement Act may not be expended, transferred or lapsed but
19 shall remain in the fund.
20 (5) For Fiscal Year 2007-2008, the amounts deposited in
21 the fund under paragraphs (1) and (2) shall not exceed, in
22 the aggregate, $51,250,000.
23 (b) Appropriation.--Money deposited into the fund under
24 subsection (a) shall be appropriated for health-related purposes
25 in the general appropriations act for the fiscal year commencing
26 July 1, 2007. If applicable, the amount appropriated under this
27 subsection shall be matched by appropriate Federal augmenting
28 funds.
29 (c) Allocation.--Funding for local programs under section
30 708(b) of the act of June 26, 2001 (P.L.755, No.77), known as
20070H1295B2349 - 37 -
1 the Tobacco Settlement Act, shall be allocated as follows:
2 (1) Thirty percent of grant funding to primary
3 contractors for local programs shall be allocated equally
4 among each of the 67 counties.
5 (2) The remaining 70% of grant funding to primary
6 contractors for local programs shall be allocated on a per
7 capita basis of each county with a population greater than
8 60,000. The per capita formula shall be applied only to that
9 portion of the population that is greater than 60,000 for
10 each county.
11 (3) Budgets shall be developed by each primary
12 contractor to reflect service planning and expenditures in
13 each county. Each primary contractor will ensure that
14 services are available to residents of each county and must
15 expend the allocated funds on a per-county basis pursuant to
16 paragraphs (1) and (2).
17 (4) The Department of Health shall compile a detailed
18 annual report of expenditures per county and the specific
19 programs offered in each region. This report shall be made
20 available on the Department of Health's publicly available
21 Internet website 60 days following the close of each fiscal
22 year.
23 (5) During the third quarter of the fiscal year, funds
24 which have not been spent within a service area may be
25 reallocated to support programming in the same region.
26 Section 1716-G. Community Health Reinvestment Restricted
27 Account.
28 (a) Establishment.--There is established in the State
29 Treasury a restricted receipts account in the Tobacco Settlement
30 Fund to be known as the Community Health Reinvestment Restricted
20070H1295B2349 - 38 -
1 Account. Interest earned on money in the account shall remain in
2 the account.
3 (b) Agreement on community health reinvestment.--Each
4 calendar year, a corporation under 40 Pa.C.S. Ch. 61 (relating
5 to hospital plan corporations) or 63 (relating to professional
6 health services plan corporations) that is a party to the
7 Agreement on Community Health Reinvestment entered into February
8 2, 2005, by the Insurance Department and the Capital Blue Cross,
9 Highmark, Inc., Hospital Service Association of Northeastern
10 Pennsylvania and Independence Blue Cross, and published in the
11 Pennsylvania Bulletin at 35 Pa.B. 4155 (July 23, 2005), shall
12 pay to the account the amount calculated for such calendar year
13 in section 5 of the agreement, published at 35 Pa.B. 4156.
14 (c) Appropriation.--The money in the account, including all
15 interest earned, is appropriated to the Insurance Department to
16 be used in accordance with the agreement on community health
17 reinvestment described in subsection (b).
18 Section 1716.1-G. Insurance Restructuring Restricted Receipt
19 Account.
20 (a) Establishment.--There is established a restricted
21 receipt account in the State Treasury to be known as the
22 Insurance Restructuring Restricted Receipt Account. Interest
23 earned on money in the account shall remain in the account.
24 (b) Deposit.--All net economic benefits, including proceeds,
25 savings, funds and other money derived from the merger,
26 consolidation or other acquisition of control of a hospital plan
27 corporation or professional health services plan corporation
28 which are to be used to fund any portion of a health care or
29 health care-related program of, or administered by, the
30 Commonwealth shall be deposited into the account.
20070H1295B2349 - 39 -
1 (c) Prohibition.--No contract or written agreement between
2 the Commonwealth and a hospital plan corporation or professional
3 health services plan corporation may be entered into relating to
4 the disbursement or spending of the economic benefits, proceeds,
5 savings, funds or other money resulting from the merger,
6 consolidation or other acquisition of control of a hospital plan
7 corporation or professional health services plan corporation
8 until funds are appropriated under subsection (d).
9 (d) Appropriation.--No fund or money may be transferred or
10 paid from the account unless appropriated by the General
11 Assembly for health-related purposes.
12 Section 1717-G. Health Care Provider Retention Account.
13 (Reserved).
14 Section 1718-G. (Reserved).
15 Section 1719-G. Restricted Receipt Accounts.
16 (a) General provisions.--The secretary may create restricted
17 receipt accounts for the purpose of administering Federal grants
18 only for the purposes designated in this section.
19 (b) Department of Community and Economic Development.--The
20 following restricted receipt accounts may be established for the
21 Department of Community and Economic Development:
22 (1) ARC Housing Revolving Loan Program.
23 (2) (Reserved).
24 (c) Department of Conservation and Natural Resources.--The
25 following restricted receipt accounts may be established for the
26 Department of Conservation and Natural Resources:
27 (1) Federal Aid to Volunteer Fire Companies.
28 (2) Federal Land and Water Conservation Fund Act.
29 (3) National Forest Reserve Allotment.
30 (4) Federal Land and Water Conservation Fund Act -
20070H1295B2349 - 40 -
1 Conservation and Natural Resources.
2 (d) Department of Education.--The following restricted
3 receipt accounts may be established for the Department of
4 Education:
5 (1) Education of the Disabled - Part C.
6 (2) LSTA - Library Grants.
7 (3) The Pennsylvania State University Federal Aid.
8 (4) Emergency Immigration Education Assistance.
9 (5) Education of the Disabled - Part D.
10 (6) Homeless Adult Assistance Program.
11 (7) Severely Handicapped.
12 (8) Medical Assistance Reimbursements to Local Education
13 Agencies.
14 (e) Department of Environmental Protection.--The following
15 restricted receipt accounts may be established for the
16 Department of Environmental Protection:
17 (1) Federal Water Resources Planning Act.
18 (2) Flood Control Payments.
19 (3) Soil and Water Conservation Act - Inventory of
20 Programs.
21 (f) Department of Health.--The following restricted receipt
22 accounts may be established for the Department of Health:
23 (1) Share Loan Program.
24 (2) (Reserved).
25 (g) Department of Transportation.--The following restricted
26 receipt accounts may be established for the Department of
27 Transportation:
28 (1) Capital Assistance Elderly and Handicapped Programs.
29 (2) Railroad Rehabilitation and Improvement Assistance.
30 (3) Ridesharing/Van Pool Program - Acquisition.
20070H1295B2349 - 41 -
1 (h) Pennsylvania Emergency Management Agency.--The following
2 restricted receipt accounts may be established for the
3 Pennsylvania Emergency Management Agency:
4 (1) Receipts from Federal Government - Disaster Relief -
5 Disaster Relief Assistance to State and Political
6 Subdivisions.
7 (2) (Reserved).
8 (i) Pennsylvania Historical and Museum Commission.--The
9 following restricted receipt accounts may be established for the
10 Pennsylvania Historical and Museum Commission:
11 (1) Federal Grant - National Historic Preservation Act
12 (Public Law 89-665, 80 Stat. 915).
13 (2) (Reserved).
14 (j) Executive Offices.--The following restricted receipt
15 accounts may be established for the Executive Offices:
16 (1) Retired Employees Medicare Part D.
17 (2) Justice Assistance.
18 (3) Juvenile Accountability Incentive.
19 Section 1720-G. State Gaming Fund.
20 (a) Deduction of certain appropriations.--Notwithstanding
21 the provisions of section 504(c)(1) of the act of June 27, 2006
22 (1st Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief
23 Act, funds appropriated to the Pennsylvania Gaming Control Board
24 from the State Gaming Fund shall be deducted from the amount
25 transferred to the Property Tax Relief Reserve Fund under
26 section 504(b) of the Taxpayer Relief Act and repaid as provided
27 in subsection (b). The transfer of funds under this subsection
28 shall not preclude the Secretary of the Budget from authorizing
29 property tax reduction allocations in accordance with section
30 503 of the Taxpayer Relief Act.
20070H1295B2349 - 42 -
1 (b) Assessment for repayment.--Notwithstanding the
2 provisions of 4 Pa.C.S. § 1901.1 (relating to repayments to
3 State Gaming Fund), the Pennsylvania Gaming Control Board shall
4 assess slot machine licensees for repayment of amounts
5 transferred to the board from the State Gaming Fund under
6 subsection (a) for repayment to the Property Tax Relief Reserve
7 Fund at such time as at least 11 slot machine licenses have been
8 issued and 11 licensed gaming entities have commenced the
9 operation of slot machines. The board shall adopt a repayment
10 schedule that assesses to each slot machine licensee costs for
11 the repayment of amounts appropriated under this section in an
12 amount that is proportional to each slot machine licensee's
13 gross terminal revenue.
14 (c) Other appropriations solely from assessment.--All funds
15 for the operation of the Pennsylvania State Police, Department
16 of Revenue and Attorney General are appropriated solely from an
17 assessment on gross terminal revenue from accounts under 4
18 Pa.C.S. § 1401 (relating to slot machine licensee deposits) in
19 an amount equal to that appropriated by the General Assembly for
20 fiscal year 2007-2008. The Pennsylvania Gaming Control Board,
21 Pennsylvania State Police, Attorney General or Department of
22 Revenue shall not assess any additional charge, fee, cost of
23 operations or other payment from a licensed gaming entity in
24 excess of amounts appropriated for fiscal year 2007-2008. This
25 subsection shall not apply to any voluntary payment made by a
26 new slot machine licensee in accordance with similar payments
27 voluntarily made by existing licensees.
28 Section 4. Repeals are as follows:
29 (1) The General Assembly declares that the repeal under
30 paragraph (2) is necessary to effectuate the addition of
20070H1295B2349 - 43 -
1 Article XV-A of the act.
2 (2) The act of September 26, 1961 (P.L.1661, No.692),
3 known as the State Employes Group Life Insurance Law, is
4 repealed.
5 Section 5. The addition of Article XV-A of the act is a
6 continuation of the act of September 26, 1961 (P.L.1661,
7 No.692), known as the State Employes Group Life Insurance Law.
8 Except as otherwise provided under Article XV-A, all activities
9 initiated under the State Employes Group Life Insurance Law
10 shall continue and remain in full force and effect and may be
11 completed under Article XV-A. Orders, regulations, rules and
12 decisions which were made under the State Employes Group Life
13 Insurance Law and which are in effect on the effective date of
14 section 3(2) of this act shall remain in full force and effect
15 until revoked, vacated or modified under Article XV-A.
16 Contracts, obligations and collective bargaining agreements
17 entered into under the State Employes Group Life Insurance Law
18 are not affected nor impaired by the repeal of the State
19 Employes Group Life Insurance Law.
20 Section 6. The amendment of section 1737-B of the act shall
21 apply retroactively to July 1, 2006.
22 Section 7. This act shall take effect as follows:
23 (1) The following provisions shall take effect in 60
24 days:
25 (i) The addition of Article XV-A of the act.
26 (ii) Sections 4 and 5 of this act.
27 (2) The remainder of this act shall take effect
28 immediately.
29 SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN <--
30 AS THE FISCAL CODE, IS AMENDED BY ADDING A SECTION TO READ:
20070H1295B2349 - 44 -
1 SECTION 1508. USE AND APPROPRIATION OF UNUSED COMMONWEALTH
2 FUNDS.--(A) WHENEVER THE GOVERNOR HAS DECLARED A DISASTER
3 EMERGENCY, THE GOVERNOR MAY TRANSFER ANY UNUSED FUNDS WHICH MAY
4 HAVE BEEN APPROPRIATED FOR THE ORDINARY EXPENSES OF THE STATE
5 GOVERNMENT IN THE GENERAL FUND TO SUCH COMMONWEALTH AGENCIES AS
6 THE GOVERNOR MAY DIRECT TO BE EXPENDED FOR RELIEF OF DISASTER IN
7 SUCH MANNER AS THE GOVERNOR SHALL APPROVE, AND THE FUNDS ARE
8 HEREBY APPROPRIATED TO THE GOVERNOR FOR SUCH PURPOSES. THE TOTAL
9 OF THE TRANSFERS UNDER THIS SUBSECTION SHALL NOT EXCEED TWENTY
10 MILLION DOLLARS ($20,000,000) IN ANY ONE FISCAL YEAR EXCEPT BY
11 ACTION OF THE GENERAL ASSEMBLY.
12 (B) WHENEVER THE GOVERNOR SHALL HAVE PROCLAIMED A DISASTER
13 EMERGENCY UNDER 35 PA.C.S. § 7301(C) (RELATING TO GENERAL
14 AUTHORITY OF GOVERNOR), THE GOVERNOR SHALL HAVE POWER TO
15 TRANSFER ANY UNUSED FUNDS WHICH MAY HAVE BEEN APPROPRIATED FOR
16 THE ORDINARY EXPENSES OF GOVERNMENT IN THE GENERAL FUND TO SUCH
17 COMMONWEALTH AGENCIES AS HE MAY DIRECT TO BE EXPENDED FOR
18 REIMBURSEMENTS AS PROVIDED IN 35 PA.C.S. § 7705(A) AND (B)
19 (RELATING TO SPECIAL POWERS OF LOCAL AGENCIES). SUCH
20 REIMBURSEMENTS SHALL BE MADE IN ACCORDANCE WITH AND TO THE
21 EXTENT PERMITTED BY REGULATIONS ISSUED BY SUCH AGENCY OR
22 AGENCIES AS THE GOVERNOR MAY DESIGNATE TO ADMINISTER THE
23 REIMBURSEMENT PROGRAMS ESTABLISHED BY 35 PA.C.S. § 7705(A) AND
24 (B). THE TOTAL OF SUCH TRANSFERS SHALL NEVER EXCEED FIVE MILLION
25 DOLLARS ($5,000,000) IN ANY ONE FISCAL YEAR EXCEPT BY ACTION OF
26 THE GENERAL ASSEMBLY.
27 SECTION 1.1. THE ACT IS AMENDED BY ADDING AN ARTICLE TO
28 READ:
29 ARTICLE XV-A
30 COMMONWEALTH EMPLOYEES GROUP LIFE INSURANCE
20070H1295B2349 - 45 -
1 SECTION 1501-A. DEFINITIONS.
2 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
3 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
4 CONTEXT CLEARLY INDICATES OTHERWISE:
5 "ANNUAL PAY RATE." THE BASE PAY RATE ANNUALIZED AND, IN THE
6 CASE OF HOURLY ELIGIBLE EMPLOYEES, SHALL BE COMPUTED ON THE
7 BASIS OF EXPECTED WORK HOURS.
8 "DEPARTMENT." THE DEPARTMENT OF GENERAL SERVICES OF THE
9 COMMONWEALTH.
10 "EMPLOYEES." A PERMANENT, CONTINUOUSLY SCHEDULED EMPLOYEE OF
11 THE EXECUTIVE, JUDICIAL OR LEGISLATIVE BRANCH OF THE
12 COMMONWEALTH, ITS COMMISSIONS, BOARDS, DEPARTMENTS AND
13 AUTHORITIES. THE TERM SHALL INCLUDE MEMBERS OF THE GENERAL
14 ASSEMBLY.
15 "LIFE INSURANCE." LIFE INSURANCE PROCURED UNDER THIS
16 ARTICLE.
17 "SECRETARY." THE SECRETARY OF GENERAL SERVICES OF THE
18 COMMONWEALTH.
19 SECTION 1502-A. GROUP LIFE INSURANCE.
20 (A) PROCUREMENT BY DEPARTMENT.--EXCEPT AS PROVIDED UNDER
21 SUBSECTION (B), THE DEPARTMENT, WITH THE APPROVAL OF THE
22 GOVERNOR AND WITH THE ADVICE OF THE INSURANCE COMMISSIONER,
23 SHALL PROCURE FROM ONE OR MORE LIFE INSURANCE COMPANIES
24 AUTHORIZED TO DO BUSINESS IN THIS COMMONWEALTH A POLICY OR
25 POLICIES OF GROUP LIFE INSURANCE COVERING ELIGIBLE EMPLOYEES.
26 (B) LEGISLATIVE BRANCH.--UPON WRITTEN NOTICE TO THE
27 SECRETARY, AN INDIVIDUAL AGENCY OF THE GENERAL ASSEMBLY MAY
28 PROCURE LIFE INSURANCE FOR ITS ELIGIBLE EMPLOYEES, INCLUDING
29 MEMBERS OF THE GENERAL ASSEMBLY, IN PLACE OF LIFE INSURANCE
30 AVAILABLE UNDER SUBSECTION (A). ANY LIFE INSURANCE PROCURED
20070H1295B2349 - 46 -
1 UNDER THIS SUBSECTION SHALL, AT A MINIMUM, MEET THE REQUIREMENTS
2 OF SECTIONS 1503-A, 1504-A, 1505-A, 1506-A AND 1508-A.
3 (C) ELIGIBILITY.--AN EMPLOYEE UNDER SUBSECTION (A) OR (B) IN
4 ACTIVE SERVICE SHALL BE ELIGIBLE FOR LIFE INSURANCE UNDER THIS
5 ARTICLE IF THE EMPLOYEE HAS COMPLETED THREE MONTHS' CONTINUOUS
6 SERVICE AS AN EMPLOYEE UNDER SUBSECTION (A) OR (B). TEMPORARY
7 EMPLOYEES SHALL NOT BE ELIGIBLE.
8 SECTION 1503-A. AMOUNT.
9 (A) SCHEDULE.--THE AMOUNT OF LIFE INSURANCE FOR ANY ELIGIBLE
10 EMPLOYEE SHALL BE BASED ON THE ELIGIBLE EMPLOYEE'S ANNUAL PAY
11 RATE FROM THE COMMONWEALTH IN ACCORDANCE WITH A SCHEDULE TO BE
12 SUBMITTED ANNUALLY BY THE SECRETARY FOR PUBLICATION IN THE
13 PENNSYLVANIA BULLETIN.
14 (B) REDUCTION.--THE AMOUNT OF LIFE INSURANCE FOR ANY
15 ELIGIBLE EMPLOYEES 70 YEARS OF AGE OR OLDER SHALL BE ONE-HALF
16 THE AMOUNT OF LIFE INSURANCE PROVIDED UNDER THE SCHEDULE
17 PUBLISHED UNDER SUBSECTION (A).
18 (C) CHANGE IN AMOUNT.--ANY CHANGE IN THE AMOUNT OF LIFE
19 INSURANCE MADE NECESSARY BY A CHANGE IN PAY SHALL TAKE EFFECT ON
20 THE NEXT SUCCEEDING PROGRAM ANNIVERSARY.
21 SECTION 1504-A. CONTRIBUTIONS.
22 (A) ELIGIBLE EMPLOYEE PAYMENT.--EXCEPT AS PROVIDED UNDER
23 SUBSECTION (B), EACH ELIGIBLE EMPLOYEE COVERED BY LIFE INSURANCE
24 SHALL PAY, EITHER DIRECTLY OR BY MEANS OF A PAYROLL DEDUCTION
25 AUTHORIZED BY THE EMPLOYEE, THE COST OF THE INSURANCE IN AN
26 AMOUNT AS MAY BE DETERMINED FROM TIME TO TIME ON THE BASIS OF
27 THE ACTUAL TOTAL COSTS OF THE LIFE INSURANCE POLICY OR POLICIES
28 CONTRACTED FOR BY THE COMMONWEALTH.
29 (B) COMMONWEALTH PAYMENT.--THE COMMONWEALTH MAY AGREE TO PAY
30 ALL OR ANY OF THE COSTS FOR LIFE INSURANCE.
20070H1295B2349 - 47 -
1 SECTION 1505-A. TERMINATION.
2 (A) CESSATION.--EXCEPT AS PROVIDED UNDER SUBSECTION (B),
3 LIFE INSURANCE SHALL, SUBJECT TO ANY CONVERSION PRIVILEGE, CEASE
4 UPON THE OCCURRENCE OF ANY OF THE FOLLOWING:
5 (1) TERMINATION OF EMPLOYMENT.
6 (2) NONPAYMENT OF ANY CONTRIBUTION DUE FROM AN ELIGIBLE
7 EMPLOYEE.
8 (3) AFTER 12 CONTINUOUS MONTHS OF UNPAID ABSENCE.
9 (B) DISABILITY.--LIFE INSURANCE SHALL BE CONTINUED FOR
10 EMPLOYEES WHO TERMINATE AFTER BECOMING PERMANENTLY AND TOTALLY
11 DISABLED WHILE COVERED UNDER THIS PROGRAM.
12 SECTION 1506-A. AUTOMATIC COVERAGE.
13 (A) PROVISION FOR COVERAGE.--ANY POLICY OF LIFE INSURANCE
14 SHALL PROVIDE THAT ALL ELIGIBLE EMPLOYEES SHALL BE AUTOMATICALLY
15 COVERED COMMENCING ON THE DATE THEY FIRST BECOME ELIGIBLE.
16 (B) NOTICE.--AN EMPLOYEE DESIRING NOT TO BE COVERED BY LIFE
17 INSURANCE SHALL GIVE WRITTEN NOTICE, ON A PRESCRIBED FORM, TO
18 THE EMPLOYEE'S EMPLOYING OFFICE THAT THE EMPLOYEE DESIRES NOT TO
19 BE INSURED. IF THE NOTICE IS RECEIVED BEFORE THE EMPLOYEE
20 BECOMES INSURED UNDER THE POLICY, THE EMPLOYEE SHALL NOT BE
21 INSURED. IF THE NOTICE IS RECEIVED AFTER THE EMPLOYEE BECOMES
22 INSURED, THE EMPLOYEE'S INSURANCE UNDER THE POLICY WILL CEASE
23 EFFECTIVE WITH THE END OF THE PAY PERIOD DURING WHICH THE NOTICE
24 IS RECEIVED BY THE EMPLOYING OFFICE.
25 SECTION 1507-A. SECRETARY TO BE AGENT.
26 (A) AGENT.--EXCEPT FOR LIFE INSURANCE PROCURED UNDER SECTION
27 1502-A(B), THE SECRETARY IS EXCLUSIVELY AUTHORIZED AND SHALL
28 HAVE THE DUTY TO TRANSACT ALL BUSINESS NECESSARY FOR THE PURPOSE
29 OF CONTRACTING FOR INSURANCE UNDER THIS ARTICLE.
30 (B) COMMISSION.--THE LIFE INSURANCE COMPANY OR COMPANIES
20070H1295B2349 - 48 -
1 FROM WHOM LIFE INSURANCE IS PROCURED BY THE SECRETARY SHALL
2 COMPUTE COMMISSIONS IN ACCORDANCE WITH THEIR STANDARD PRACTICE
3 FOLLOWED IN OTHER SIMILAR PLANS. THE COMMISSIONS SHALL BE PAID
4 TO THE SECRETARY TO OFFSET ADMINISTRATIVE AND OTHER EXPENSES
5 INCURRED IN THE ADMINISTRATION OF THE INSURANCE PLAN.
6 SECTION 1508-A. APPLICABILITY OF INSURANCE LAWS.
7 ALL LIFE INSURANCE SHALL BE SUBJECT TO THE LAWS OF THIS
8 COMMONWEALTH RELATING TO INSURANCE.
9 SECTION 2. SECTION 1737-B OF THE ACT, ADDED JULY 5, 2006
10 (P.L.296, NO.66), IS AMENDED TO READ:
11 SECTION 1737-B. STATE SYSTEM OF HIGHER EDUCATION.
12 [(RESERVED).]
13 THE FOLLOWING SHALL APPLY TO EXECUTIVE AUTHORIZATIONS FROM
14 THE KEYSTONE RECREATION, PARK AND CONSERVATION FUND FOR THE
15 STATE SYSTEM OF HIGHER EDUCATION:
16 (1) NOTWITHSTANDING THE PROVISIONS OF SECTION 12(B) OF
17 THE ACT OF JULY 2, 1993 (P.L.359, NO.50), KNOWN AS THE
18 KEYSTONE RECREATION, PARK AND CONSERVATION FUND ACT, FOR
19 FISCAL YEAR 2006-2007, THE ENTIRE AMOUNT OF THE TRANSFER
20 UNDER SECTION 1106-C(D) OF THE ACT OF MARCH 4, 1971 (P.L.6,
21 NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, SHALL BE PAID TO
22 THE STATE SYSTEM OF HIGHER EDUCATION.
23 (2) (RESERVED).
24 SECTION 3. SECTION 1720-C(C) OF THE ACT, ADDED JULY 5, 2006
25 (P.L.296, NO.66), IS REPEALED:
26 SECTION 1720-C. STATE GAMING FUND.
27 * * *
28 [C) TRANSFERS FOR VOLUNTEER FIRE COMPANY GRANT PROGRAM.--
29 COMMENCING WITH FISCAL YEAR 2006-2007 AND CONTINUING ANNUALLY
30 THEREAFTER, THE SUM OF $25,000,000 SHALL BE TRANSFERRED FROM THE
20070H1295B2349 - 49 -
1 STATE GAMING FUND TO THE GENERAL FUND AND IS HEREBY APPROPRIATED
2 TO THE VOLUNTEER FIRE COMPANY GRANT PROGRAM ON A CONTINUING
3 BASIS.]
4 * * *
5 SECTION 4. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
6 ARTICLE XVII-E
7 GENERAL BUDGET IMPLEMENTATION
8 SUBARTICLE A
9 PRELIMINARY PROVISIONS
10 SECTION 1701-E. APPLICABILITY.
11 THIS ARTICLE APPLIES TO APPROPRIATIONS FROM EVERY GENERAL
12 APPROPRIATION ACT.
13 SECTION 1702-E. DEFINITIONS AND ABBREVIATIONS.
14 (A) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
15 IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
16 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
17 "SECRETARY." THE SECRETARY OF THE BUDGET OF THE
18 COMMONWEALTH.
19 (B) ABBREVIATIONS.--THE FOLLOWING ABBREVIATIONS WHEN USED IN
20 THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
21 SECTION:
22 "AIDS." ACQUIRED IMMUNE DEFICIENCY SYNDROME.
23 "ARC." APPALACHIAN REGIONAL COMMISSION.
24 "BG." BLOCK GRANT.
25 "CCDFBG." CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT.
26 "CSBG." COMMUNITY SERVICES BLOCK GRANT.
27 "DCSI." DRUG CONTROL AND SYSTEMS IMPROVEMENT FORMULA GRANT
28 PROGRAM.
29 "DFSC." DRUG FREE SCHOOLS AND COMMUNITIES ACT.
30 "DOE." DEPARTMENT OF ENERGY.
20070H1295B2349 - 50 -
1 "EEOC." EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
2 "EPA." ENVIRONMENTAL PROTECTION AGENCY.
3 "ESEA." ELEMENTARY AND SECONDARY EDUCATION ACT.
4 "FEMA." FEDERAL EMERGENCY MANAGEMENT AGENCY.
5 "FTA." FEDERAL TRANSIT ADMINISTRATION.
6 "HUD." DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
7 "LIHEABG." LOW-INCOME HOME ENERGY ASSISTANCE BLOCK GRANT.
8 "LSTA." LIBRARY SERVICES AND TECHNOLOGY ACT.
9 "MCHSBG." MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT.
10 "MHSBG." MENTAL HEALTH SERVICES BLOCK GRANT.
11 "MR." MENTAL RETARDATION.
12 "PAFE." PENNSYLVANIA AGRICULTURAL FOOD EXPOSITION.
13 "PHHSBG." PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT.
14 "RSAT." RESIDENTIAL SUBSTANCE ABUSE TREATMENT.
15 "SABG." SUBSTANCE ABUSE BLOCK GRANT.
16 "SCDBG." SMALL COMMUNITIES DEVELOPMENT BLOCK GRANT.
17 "SDA." SERVICE DELIVERY AREA.
18 "SSBG." SOCIAL SERVICES BLOCK GRANT.
19 "TANF." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES.
20 "TANFBG." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
21 GRANT.
22 "TEFAP." TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM.
23 "WIA." WORKFORCE INVESTMENT ACT.
24 "WIC." WOMEN, INFANTS AND CHILDREN PROGRAM.
25 SECTION 1703-E. WARRANTS.
26 (RESERVED).
27 SUBARTICLE B
28 EXECUTIVE DEPARTMENT
29 SECTION 1711-E. GOVERNOR.
30 (RESERVED).
20070H1295B2349 - 51 -
1 SECTION 1712-E. EXECUTIVE OFFICES.
2 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE EXECUTIVE
3 OFFICES:
4 (1) PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY.
5 FUNDS REMAINING AFTER APPLICATION OF SECTION 202 OF A GENERAL
6 APPROPRIATION ACT FOR THE APPROPRIATION FOR GRANTS-IN-AID FOR
7 INTERMEDIATE PUNISHMENT PROGRAMS SHALL BE DISTRIBUTED TO
8 COUNTIES BASED ON THE FOLLOWING FORMULA:
9 (I) FIFTY PERCENT SHALL BE BASED ON THE PROPORTION
10 OF OFFENDERS DIVERTED FROM THE COUNTY PRISON SYSTEM TO
11 COUNTY INTERMEDIATE PUNISHMENT PROGRAMS.
12 (II) FIFTY PERCENT SHALL BE BASED ON THE PROPORTION
13 OF OFFENDERS DIVERTED FROM THE STATE CORRECTIONAL SYSTEM
14 TO THE COUNTY PRISON SYSTEM.
15 (2) GRANTS FOR SPECIALIZED PROBATION SERVICES, INCLUDING
16 SCHOOL-BASED, COMMUNITY-BASED, INTENSIVE SUPERVISION AND
17 AFTERCARE SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH
18 STANDARDS ADOPTED BY THE JUVENILE COURT JUDGES COMMISSION.
19 SECTION 1713-E. LIEUTENANT GOVERNOR.
20 (RESERVED).
21 SECTION 1714-E. ATTORNEY GENERAL.
22 (RESERVED).
23 SECTION 1715-E. AUDITOR GENERAL.
24 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS TO THE AUDITOR
25 GENERAL:
26 (1) FUNDS APPROPRIATED TO THE DEPARTMENT OF THE AUDITOR
27 GENERAL SHALL BE FOR THE PURPOSE OF PERFORMING POSTAUDITS IN
28 ACCORDANCE WITH GENERALLY ACCEPTED GOVERNMENT AUDITING
29 STANDARDS.
30 (2) (RESERVED).
20070H1295B2349 - 52 -
1 SECTION 1716-E. TREASURY DEPARTMENT.
2 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS TO THE TREASURY
3 DEPARTMENT:
4 (1) PAYMENTS FOR THE COMMONWEALTH'S PORTION OF EXPENSES
5 OF COUNCILS, COMMISSIONS, CONFERENCES, BOARDS, ASSOCIATIONS,
6 COALITIONS AND INSTITUTES SHALL BE MADE ONLY ON REQUISITION
7 OF THE GOVERNOR ON BEHALF OF THE ORGANIZATION, WHICH SHALL
8 FILE AN ACCOUNTING OF EXPENSES WITH THE AUDITOR GENERAL.
9 (2) (RESERVED).
10 SECTION 1716.1-E. INSURANCE RESTRUCTURING RESTRICTED RECEIPT
11 ACCOUNT.
12 (A) ESTABLISHMENT.--THERE IS ESTABLISHED A RESTRICTED
13 RECEIPT ACCOUNT IN THE STATE TREASURY TO BE KNOWN AS THE
14 INSURANCE RESTRUCTURING RESTRICTED RECEIPT ACCOUNT. INTEREST
15 EARNED ON MONEY IN THE ACCOUNT SHALL REMAIN IN THE ACCOUNT.
16 (B) DEPOSIT.--ALL NET ECONOMIC BENEFITS, INCLUDING PROCEEDS,
17 SAVINGS, FUNDS AND OTHER MONEY DERIVED FROM THE MERGER,
18 CONSOLIDATION OR OTHER ACQUISITION OF CONTROL OF A HOSPITAL PLAN
19 CORPORATION OR PROFESSIONAL HEALTH SERVICES PLAN CORPORATION,
20 WHICH ARE TO BE USED TO FUND ANY PORTION OF A HEALTH CARE OR
21 HEALTH CARE-RELATED PROGRAM OF, OR ADMINISTERED BY, THE
22 COMMONWEALTH SHALL BE DEPOSITED INTO THE ACCOUNT.
23 (C) PROHIBITION.--NO CONTRACT OR WRITTEN AGREEMENT BETWEEN
24 THE COMMONWEALTH AND A HOSPITAL PLAN CORPORATION OR PROFESSIONAL
25 HEALTH SERVICES PLAN CORPORATION MAY BE ENTERED INTO RELATING TO
26 THE DISBURSEMENT OR SPENDING OF THE ECONOMIC BENEFITS, PROCEEDS,
27 SAVINGS, FUNDS OR OTHER MONEY RESULTING FROM THE MERGER,
28 CONSOLIDATION OR OTHER ACQUISITION OF CONTROL OF A HOSPITAL PLAN
29 CORPORATION OR PROFESSIONAL HEALTH SERVICES PLAN CORPORATION
30 UNTIL FUNDS ARE APPROPRIATED UNDER SUBSECTION (D).
20070H1295B2349 - 53 -
1 (D) APPROPRIATION.--NO FUND OR MONEY MAY BE TRANSFERRED OR
2 PAID FROM THE ACCOUNT UNLESS APPROPRIATED BY THE GENERAL
3 ASSEMBLY FOR HEALTH-RELATED PURPOSES.
4 SECTION 1717-E. DEPARTMENT OF AGING.
5 (RESERVED).
6 SECTION 1718-E. DEPARTMENT OF AGRICULTURE.
7 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
8 DEPARTMENT OF AGRICULTURE:
9 (1) NO EXPENDITURES MAY BE MADE FROM THE APPROPRIATION
10 FOR THE PAYMENT TO THE STATE FARM PRODUCTS SHOW FUND OR FROM
11 THE STATE FARM PRODUCTS SHOW FUND FOR ANY ACTIVITIES
12 ASSOCIATED WITH THE PAFE UNLESS SUCH ACTIVITIES TAKE PLACE ON
13 THE PREMISES OF THE FARM SHOW COMPLEX, HARRISBURG,
14 PENNSYLVANIA.
15 (2) THE DEPARTMENT MAY MAKE ALLOCATIONS OF
16 APPROPRIATIONS FOR DEVELOPMENT AND OPERATION OF AN OPEN
17 LIVESTOCK SHOW, FOR PLANNING AND STAGING OF AN OPEN DAIRY
18 SHOW AND FOR PROMOTION AND HOLDING OF ANNUAL LOCAL, REGIONAL
19 AND STATE 4H CLUBS AND FUTURE FARMERS OF AMERICA DAIRY SHOWS
20 AS IT DEEMS APPROPRIATE, TO AN ASSOCIATION WHOSE PURPOSES ARE
21 IN ACCORD WITH THE PURPOSES AND INTENT OF THE APPROPRIATIONS.
22 ALLOCATIONS UNDER THIS PARAGRAPH SHALL BE USED FOR THE
23 DEVELOPMENT AND OPERATION OF LIVESTOCK, DAIRY AND JUNIOR
24 DAIRY SHOWS IN THE PENNSYLVANIA FARM SHOW COMPLEX, PROVIDED,
25 THAT THE FUNDS ALLOCATED BY THE DEPARTMENT SHALL ONLY BE USED
26 FOR THE SPECIFIC ITEMS APPROVED BY THE DEPARTMENT IN ADVANCE.
27 SECTION 1719-E. DEPARTMENT OF COMMUNITY AND ECONOMIC
28 DEVELOPMENT.
29 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
30 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT:
20070H1295B2349 - 54 -
1 (1) NO MORE THAN 20% OF FUNDS APPROPRIATED FOR GRANTS
2 UNDER THE ACT OF MAY 20, 1949 (P.L.1633, NO.493), KNOWN AS
3 THE HOUSING AND REDEVELOPMENT ASSISTANCE LAW, SHALL BE
4 ALLOCATED TO ANY ONE POLITICAL SUBDIVISION.
5 (2) (RESERVED).
6 SECTION 1720-E. DEPARTMENT OF CONSERVATION AND NATURAL
7 RESOURCES.
8 (RESERVED).
9 SECTION 1721-E. DEPARTMENT OF CORRECTIONS.
10 (RESERVED).
11 SECTION 1722-E. DEPARTMENT OF EDUCATION.
12 (RESERVED).
13 SECTION 1723-E. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
14 (RESERVED).
15 SECTION 1724-E. DEPARTMENT OF GENERAL SERVICES.
16 (RESERVED).
17 SECTION 1725-E. DEPARTMENT OF HEALTH.
18 (RESERVED).
19 SECTION 1726-E. INSURANCE DEPARTMENT.
20 (RESERVED).
21 SECTION 1727-E. DEPARTMENT OF LABOR AND INDUSTRY.
22 (RESERVED).
23 SECTION 1728-E. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS.
24 (RESERVED).
25 SECTION 1729-E. DEPARTMENT OF PUBLIC WELFARE.
26 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
27 DEPARTMENT OF PUBLIC WELFARE:
28 (1) ANY RULE, REGULATION OR POLICY FOR THE FEDERAL OR
29 STATE APPROPRIATIONS FOR THE CASH ASSISTANCE, OUTPATIENT,
30 INPATIENT, CAPITATION, BEHAVIORAL HEALTH, LONG-TERM CARE AND
20070H1295B2349 - 55 -
1 SUPPLEMENTAL GRANTS TO THE AGED, BLIND AND DISABLED, CHILD
2 CARE AND ATTENDANT CARE PROGRAMS ADOPTED BY THE SECRETARY OF
3 PUBLIC WELFARE DURING THE FISCAL YEAR WHICH ADDS TO THE COST
4 OF ANY PUBLIC ASSISTANCE PROGRAM SHALL BE EFFECTIVE ONLY FROM
5 AND AFTER THE DATE UPON WHICH IT IS APPROVED AS TO THE
6 AVAILABILITY OF FUNDS BY THE GOVERNOR.
7 (2) FEDERAL AND STATE MEDICAL ASSISTANCE PAYMENTS. THE
8 FOLLOWING SHALL APPLY:
9 (I) (RESERVED).
10 (II) (RESERVED).
11 (III) (RESERVED).
12 (IV) (RESERVED).
13 (V) (RESERVED).
14 (VI) (RESERVED).
15 (VII) THE FOLLOWING SHALL APPLY TO ELIGIBILITY
16 DETERMINATIONS FOR SERVICES UNDER MEDICAL ASSISTANCE:
17 (A) UNLESS THE CUSTODIAL PARENT OR LEGALLY
18 RESPONSIBLE ADULT HAS PROVIDED TO THE DEPARTMENT, AT
19 APPLICATION OR REDETERMINATION, INFORMATION REQUIRED
20 BY THE DEPARTMENT FOR INCLUSION IN THE ANNUAL REPORT
21 UNDER CLAUSE (B), NO FUNDS FROM AN APPROPRIATION FOR
22 MEDICAL ASSISTANCE SHALL BE USED TO PAY FOR MEDICAL
23 ASSISTANCE SERVICES FOR A CHILD UNDER 21 YEARS OF
24 AGE:
25 (I) WHO HAS A SUPPLEMENTAL SECURITY INCOME
26 (SSI) LEVEL OF DISABILITY; AND
27 (II) WHOSE PARENTAL INCOME IS NOT CURRENTLY
28 CONSIDERED IN THE ELIGIBILITY DETERMINATION
29 PROCESS.
30 (B) THE DEPARTMENT SHALL SUBMIT TO THE PUBLIC
20070H1295B2349 - 56 -
1 HEALTH AND WELFARE COMMITTEE OF THE SENATE AND THE
2 HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF
3 REPRESENTATIVES AN ANNUAL REPORT INCLUDING THE
4 FOLLOWING DATA:
5 (I) FAMILY SIZE.
6 (II) HOUSEHOLD INCOME.
7 (III) COUNTY OF RESIDENCE.
8 (IV) LENGTH OF RESIDENCE IN THIS
9 COMMONWEALTH.
10 (V) THIRD-PARTY INSURANCE INFORMATION.
11 (VI) DIAGNOSIS AND TYPE AND COST OF SERVICES
12 PAID FOR BY THE MEDICAL ASSISTANCE PROGRAM ON
13 BEHALF OF EACH ELIGIBLE AND ENROLLED CHILD
14 DESCRIBED IN CLAUSE (A).
15 SECTION 1730-E. DEPARTMENT OF REVENUE.
16 (RESERVED).
17 SECTION 1731-E. DEPARTMENT OF STATE.
18 (RESERVED).
19 SECTION 1732-E. DEPARTMENT OF TRANSPORTATION.
20 (RESERVED).
21 SECTION 1733-E. PENNSYLVANIA STATE POLICE.
22 (RESERVED).
23 SECTION 1734-E. STATE CIVIL SERVICE COMMISSION.
24 FUNDS APPROPRIATED TO THE STATE CIVIL SERVICE COMMISSION
25 SHALL INCLUDE ANY FUNDS COLLECTED BY THE COMMISSION FOR THE
26 ADMINISTRATION OF THE MERIT SYSTEM FOR EMPLOYEES UNDER THE ACT
27 OF AUGUST 5, 1941 (P.L.752, NO.286), KNOWN AS THE CIVIL SERVICE
28 ACT.
29 SECTION 1735-E. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.
30 (RESERVED).
20070H1295B2349 - 57 -
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.
20070H1295B2349 - 58 -
1 (RESERVED).
2 SECTION 1750-E. PENNSYLVANIA HOUSING FINANCE AGENCY.
3 (RESERVED).
4 SECTION 1751-E. LIHEABG.
5 THE FOLLOWING SHALL APPLY TO EXPENDITURES:
6 (1) THE DEPARTMENT OF PUBLIC WELFARE MAY, UPON APPROVAL
7 OF THE SECRETARY, MAKE TRANSFERS OF FEDERAL FUNDS
8 APPROPRIATED TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC
9 DEVELOPMENT FROM LIHEABG FOR WEATHERIZATION AND
10 ADMINISTRATION IF THE TRANSFER WILL NOT RESULT IN A DEFICIT
11 IN ANY APPROPRIATION FROM WHICH FUNDS ARE TRANSFERRED.
12 (2) UNEXPENDED WEATHERIZATION FUNDS WHICH WOULD RESULT
13 IN LIHEABG FUNDS BEING RETURNED TO THE DEPARTMENT OF HEALTH
14 AND HUMAN SERVICES MAY BE SPENT FOR ASSISTANCE GRANTS AT THE
15 DISCRETION OF THE SECRETARY.
16 (3) THE SECRETARY SHALL PROVIDE TEN DAYS' PRIOR
17 NOTIFICATION OF A TRANSFER UNDER PARAGRAPH (1) OR (2) TO THE
18 CHAIRMAN AND THE MINORITY CHAIRMAN OF THE APPROPRIATIONS
19 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY
20 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
21 REPRESENTATIVES.
22 SECTION 1752-E. BUDGET STABILIZATION RESERVE FUND.
23 (RESERVED).
24 SUBARTICLE C
25 LEGISLATIVE DEPARTMENT
26 SECTION 1761-E. SENATE.
27 (RESERVED).
28 SECTION 1762-E. HOUSE OF REPRESENTATIVES.
29 (RESERVED).
30 SECTION 1763-E. LEGISLATIVE REFERENCE BUREAU.
20070H1295B2349 - 59 -
1 (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
2 CONTRARY, INCLUDING 62 PA.C.S. (RELATING TO PROCUREMENT), THE
3 PENNSYLVANIA CONSOLIDATED STATUTES, ADVANCE COPIES OF
4 STATUTES, VOLUMES OF THE LAWS OF PENNSYLVANIA AND OTHER
5 PUBLICATIONS SHALL BE PRINTED UNDER CONTRACTS ENTERED INTO BY
6 THE LEGISLATIVE REFERENCE BUREAU AND DISTRIBUTED AS
7 DETERMINED BY THE BUREAU. MONEY FROM SALES SHALL BE PAID TO
8 THE BUREAU OR THE DEPARTMENT OF GENERAL SERVICES, AS THE
9 BUREAU SHALL DETERMINE; AND THAT MONEY SHALL BE PAID INTO THE
10 STATE TREASURY TO THE CREDIT OF THE GENERAL FUND. MONEY FROM
11 SALES IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE
12 LEGISLATIVE REFERENCE BUREAU FOR THE EDITING, PRINTING AND
13 DISTRIBUTION OF THE PENNSYLVANIA CONSOLIDATED STATUTES,
14 ADVANCE COPIES OF STATUTES, VOLUMES OF THE LAWS OF
15 PENNSYLVANIA AND OTHER PUBLICATIONS AND FOR RELATED EXPENSES.
16 (2) CONTINGENT EXPENSES CONNECTED WITH THE WORK OF THE
17 BUREAU SHALL BE PAID ON WARRANTS OF THE STATE TREASURER IN
18 FAVOR OF THE DIRECTOR ON THE PRESENTATION OF THE DIRECTOR'S
19 REQUISITIONS.
20 (3) THE DIRECTOR SHALL FILE AN ACCOUNTING OF THE
21 CONTINGENT EXPENSES, TOGETHER WITH SUPPORTING DOCUMENTS
22 WHENEVER POSSIBLE, IN THE OFFICE OF THE BUREAU.
23 SECTION 1764-E. LEGISLATIVE BUDGET AND FINANCE COMMITTEE.
24 (RESERVED).
25 SECTION 1765-E. LEGISLATIVE DATA PROCESSING COMMITTEE.
26 (RESERVED).
27 SECTION 1766-E. JOINT STATE GOVERNMENT COMMISSION.
28 (RESERVED).
29 SECTION 1767-E. LOCAL GOVERNMENT COMMISSION.
30 (RESERVED).
20070H1295B2349 - 60 -
1 SECTION 1768-E. JOINT LEGISLATIVE AIR AND WATER POLLUTION
2 CONTROL AND CONSERVATION COMMITTEE.
3 (RESERVED).
4 SECTION 1769-E. LEGISLATIVE AUDIT ADVISORY COMMISSION.
5 (RESERVED).
6 SECTION 1770-E. INDEPENDENT REGULATORY REVIEW COMMISSION.
7 (RESERVED).
8 SECTION 1771-E. CAPITOL PRESERVATION COMMITTEE.
9 (RESERVED).
10 SECTION 1772-E. PENNSYLVANIA COMMISSION ON SENTENCING.
11 (RESERVED).
12 SECTION 1773-E. CENTER FOR RURAL PENNSYLVANIA.
13 (RESERVED).
14 SECTION 1774-E. COMMONWEALTH MAIL PROCESSING CENTER.
15 (RESERVED).
16 SECTION 1775-E. CHIEF CLERK OF THE SENATE AND CHIEF CLERK OF
17 THE HOUSE OF REPRESENTATIVES.
18 (RESERVED).
19 SUBARTICLE D
20 JUDICIAL DEPARTMENT
21 SECTION 1781-E. SUPREME COURT.
22 (RESERVED).
23 SECTION 1782-E. SUPERIOR COURT.
24 (RESERVED).
25 SECTION 1783-E. COMMONWEALTH COURT.
26 (RESERVED).
27 SECTION 1784-E. COURTS OF COMMON PLEAS.
28 (RESERVED).
29 SECTION 1785-E. COMMUNITY COURTS - MAGISTERIAL DISTRICT JUDGES.
30 (RESERVED).
20070H1295B2349 - 61 -
1 SECTION 1786-E. PHILADELPHIA TRAFFIC COURT.
2 (RESERVED).
3 SECTION 1787-E. PHILADELPHIA MUNICIPAL COURT.
4 (RESERVED).
5 SECTION 1788-E. JUDICIAL CONDUCT BOARD.
6 (RESERVED).
7 SECTION 1789-E. COURT OF JUDICIAL DISCIPLINE.
8 (RESERVED).
9 SECTION 1790-E. JUROR COST REIMBURSEMENT.
10 (RESERVED).
11 SECTION 1791-E. COUNTY COURT REIMBURSEMENT.
12 (RESERVED).
13 SECTION 1792-E. SENIOR JUDGES.
14 (RESERVED).
15 SECTION 1793-E. TRANSFER OF FUNDS BY SUPREME COURT.
16 (RESERVED).
17 SUBARTICLE E
18 RESTRICTIONS ON APPROPRIATIONS
19 FOR FUNDS AND ACCOUNTS
20 SECTION 1799-E. STATE GAMING FUND.
21 (A) TRANSFERS FOR VOLUNTEER FIRE COMPANY AND VOLUNTEER
22 AMBULANCE SERVICE GRANT ACT.--COMMENCING WITH FISCAL YEAR 2007-
23 2008 AND CONTINUING ANNUALLY THEREAFTER, THE SUM OF $25,000,000
24 SHALL BE TRANSFERRED FROM THE STATE GAMING FUND TO THE GENERAL
25 FUND AND IS HEREBY APPROPRIATED ON A CONTINUING BASIS TO THE
26 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY FOR THE PURPOSE OF
27 MAKING GRANTS IN ACCORDANCE WITH CHAPTER 7 OF THE ACT OF JULY
28 31, 2003 (P.L.73, NO.17), KNOWN AS THE VOLUNTEER FIRE COMPANY
29 AND VOLUNTEER AMBULANCE SERVICE GRANT ACT. ANNUALLY THE SUM OF
30 $22,000,000 SHALL BE EXPENDED FOR THE PURPOSE OF MAKING GRANTS
20070H1295B2349 - 62 -
1 TO ELIGIBLE VOLUNTEER FIRE COMPANIES PURSUANT TO CHAPTER 3 OF
2 THE VOLUNTEER FIRE COMPANY AND VOLUNTEER AMBULANCE SERVICE GRANT
3 ACT. ANNUALLY THE SUM OF $3,000,000 SHALL BE EXPENDED FOR THE
4 PURPOSE OF MAKING GRANTS TO ELIGIBLE VOLUNTEER AMBULANCE
5 SERVICES PURSUANT TO CHAPTER 5 OF THE VOLUNTEER FIRE COMPANY AND
6 VOLUNTEER AMBULANCE SERVICE GRANT ACT.
7 (B) (RESERVED).
8 (C) PERFORMANCE AUDIT.--NOTWITHSTANDING SECTION 408, A
9 PERFORMANCE AUDIT OF THE PENNSYLVANIA GAMING CONTROL BOARD
10 COMMENCED IN 2007 BY THE AUDITOR GENERAL SHALL BE PAID FOR FROM
11 FUNDS APPROPRIATED TO THE AUDITOR GENERAL.
12 (D) UTILIZATION.--THE BOARD SHALL NOT ENCUMBER OR COMMIT
13 FUNDS OBTAINED FROM ANY SOURCE, INCLUDING A COMMERCIAL LOAN OR
14 THE SALE OF GAMING RECEIPTS, UNLESS APPROPRIATED BY THE GENERAL
15 ASSEMBLY.
16 ARTICLE XVII-F
17 2007-2008 BUDGET IMPLEMENTATION
18 SUBARTICLE A
19 PRELIMINARY PROVISIONS
20 SECTION 1701-F. APPLICABILITY.
21 EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE
22 APPLIES TO THE GENERAL APPROPRIATION ACT OF 2007.
23 SECTION 1702-F. DEFINITIONS AND ABBREVIATIONS.
24 (A) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
25 IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
26 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
27 "GENERAL APPROPRIATION ACT." THE ACT OF , 2007
28 (P.L. , NO. ), KNOWN AS THE GENERAL APPROPRIATION ACT OF
29 2007.
30 "SECRETARY." THE SECRETARY OF THE BUDGET OF THE
20070H1295B2349 - 63 -
1 COMMONWEALTH.
2 (B) ABBREVIATIONS.--THE FOLLOWING ABBREVIATIONS WHEN USED IN
3 THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
4 SECTION:
5 "AIDS." ACQUIRED IMMUNE DEFICIENCY SYNDROME.
6 "ARC." APPALACHIAN REGIONAL COMMISSION.
7 "BG." BLOCK GRANT.
8 "CCDFBG." CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT.
9 "CSBG." COMMUNITY SERVICES BLOCK GRANT.
10 "DCSI." DRUG CONTROL AND SYSTEMS IMPROVEMENT FORMULA GRANT
11 PROGRAM.
12 "DFSC." DRUG FREE SCHOOLS AND COMMUNITIES ACT.
13 "DOE." DEPARTMENT OF ENERGY.
14 "EEOC." EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
15 "EPA." ENVIRONMENTAL PROTECTION AGENCY.
16 "ESEA." ELEMENTARY AND SECONDARY EDUCATION ACT.
17 "FEMA." FEDERAL EMERGENCY MANAGEMENT AGENCY.
18 "FTA." FEDERAL TRANSIT ADMINISTRATION.
19 "HUD." DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
20 "LIHEABG." LOW-INCOME HOME ENERGY ASSISTANCE BLOCK GRANT.
21 "LSTA." LIBRARY SERVICES AND TECHNOLOGY ACT.
22 "MCHSBG." MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT.
23 "MHSBG." MENTAL HEALTH SERVICES BLOCK GRANT.
24 "MR." MENTAL RETARDATION.
25 "PAFE." PENNSYLVANIA AGRICULTURAL FOOD EXPOSITION.
26 "PHHSBG." PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT.
27 "RSAT." RESIDENTIAL SUBSTANCE ABUSE TREATMENT.
28 "SABG." SUBSTANCE ABUSE BLOCK GRANT.
29 "SCDBG." SMALL COMMUNITIES DEVELOPMENT BLOCK GRANT.
30 "SDA." SERVICE DELIVERY AREA.
20070H1295B2349 - 64 -
1 "SSBG." SOCIAL SERVICES BLOCK GRANT.
2 "TANF." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES.
3 "TANFBG." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
4 GRANT.
5 "TEFAP." TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM.
6 "WIA." WORKFORCE INVESTMENT ACT.
7 "WIC." WOMEN, INFANTS AND CHILDREN PROGRAM.
8 SECTION 1703-F. WARRANTS.
9 (RESERVED).
10 SUBARTICLE B
11 EXECUTIVE DEPARTMENT
12 SECTION 1711-F. GOVERNOR.
13 (RESERVED).
14 SECTION 1712-F. EXECUTIVE OFFICES.
15 (RESERVED).
16 SECTION 1713-F. LIEUTENANT GOVERNOR.
17 (RESERVED).
18 SECTION 1714-F. ATTORNEY GENERAL.
19 (RESERVED).
20 SECTION 1715-F. AUDITOR GENERAL.
21 (RESERVED).
22 SECTION 1716-F. TREASURY DEPARTMENT.
23 (RESERVED).
24 SECTION 1717-F. DEPARTMENT OF AGING.
25 (RESERVED).
26 SECTION 1718-F. DEPARTMENT OF AGRICULTURE.
27 (RESERVED).
28 SECTION 1719-F. DEPARTMENT OF COMMUNITY AND ECONOMIC
29 DEVELOPMENT.
30 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
20070H1295B2349 - 65 -
1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT IN THE GENERAL
2 APPROPRIATION ACT:
3 (1) GRANTS FROM FUNDS APPROPRIATED FOR COMMUNITY
4 REVITALIZATION AND ASSISTANCE SHALL BE AWARDED ONLY AFTER
5 PROGRAM GUIDELINES, SCHEDULES AND APPLICATION PROCEDURES ARE
6 ESTABLISHED BY THE DEPARTMENT AND PUBLISHED IN THE
7 PENNSYLVANIA BULLETIN.
8 (2) FUNDS APPROPRIATED FOR SMALL BUSINESS DEVELOPMENT
9 CENTERS SHALL BE ALLOCATED AS FOLLOWS:
10 (I) SMALL BUSINESS DEVELOPMENT CENTERS THAT RECEIVED
11 AN ALLOCATION FROM THE APPROPRIATION FOR SMALL BUSINESS
12 DEVELOPMENT CENTERS FOR FISCAL YEARS 2005-2006 AND 2006-
13 2007 SHALL BE ALLOCATED AN AMOUNT FOR FISCAL YEAR 2007-
14 2008 WHICH IS NOT LESS THAN THE AMOUNT RECEIVED IN FISCAL
15 YEAR 2005-2006.
16 (II) SMALL BUSINESS DEVELOPMENT CENTERS THAT DID NOT
17 RECEIVE AN ALLOCATION FROM THE APPROPRIATION FOR SMALL
18 BUSINESS DEVELOPMENT CENTERS FOR FISCAL YEAR 2005-2006
19 SHALL BE ALLOCATED AN AMOUNT FOR FISCAL YEAR 2007-2008
20 WHICH IS NOT LESS THAN THE AMOUNT RECEIVED FROM THE
21 APPROPRIATION FOR SMALL BUSINESS DEVELOPMENT CENTERS FOR
22 FISCAL YEAR 2006-2007.
23 (III) THE STATE DIRECTOR'S OFFICE, INCLUDING THE
24 ENERGY MANAGEMENT ASSISTANCE PROGRAM AND THE STRATEGIC
25 INITIATIVE PLANS PROGRAM SHALL BE ALLOCATED IN AN AMOUNT
26 WHICH IS NOT LESS THAN THE AMOUNTS RECEIVED FROM THE
27 APPROPRIATION FOR SMALL BUSINESS DEVELOPMENT CENTERS FOR
28 FISCAL YEAR 2005-2006.
29 SECTION 1720-F. DEPARTMENT OF CONSERVATION AND NATURAL
30 RESOURCES.
20070H1295B2349 - 66 -
1 (RESERVED).
2 SECTION 1721-F. DEPARTMENT OF CORRECTIONS.
3 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
4 DEPARTMENT OF CORRECTIONS IN THE GENERAL APPROPRIATION ACT:
5 (1) WHEN MAKING EXPENDITURES FROM APPROPRIATIONS FOR THE
6 OPERATION OF STATE CORRECTIONAL INSTITUTIONS, THE DEPARTMENT
7 OF CORRECTIONS SHALL GIVE CONSIDERATION TO MINIMUM RELIEF
8 FACTOR VALUES CALCULATED WHEN DETERMINING STAFFING LEVELS FOR
9 CORRECTIONS OFFICERS AND FOOD SERVICE INSTRUCTORS AT EACH
10 STATE CORRECTIONAL INSTITUTION.
11 SECTION 1722-F. DEPARTMENT OF EDUCATION.
12 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS OF THE DEPARTMENT
13 OF EDUCATION IN THE GENERAL APPROPRIATION ACT:
14 (1) ANNUAL PAYMENTS FROM THE APPROPRIATION TO
15 INSTITUTIONS OF HIGHER LEARNING FOR DEFRAYING THE EXPENSES OF
16 DEAF OR BLIND STUDENTS SHALL NOT EXCEED $500 PER STUDENT.
17 (2) GRANTS TO ENGINEERING SCHOOLS APPROVED BY THE
18 ACCREDITATION BOARD OF ENGINEERING AND TECHNOLOGY PRORATED
19 BASED UPON FULL-TIME EQUIVALENT STUDENT ENROLLMENT MAY ONLY
20 BE USED FOR THE ACQUISITION OR UPGRADING OF ENGINEERING
21 INSTRUCTIONAL EQUIPMENT. AT LEAST $2 OF PRIVATE FUNDS SHALL
22 BE REQUIRED FOR EACH $1 OF GRANT FUNDS.
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
20070H1295B2349 - 67 -
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.
20 (2) FOR THE "REED ACT-UNEMPLOYMENT INSURANCE" AND "REED
21 ACT-EMPLOYMENT SERVICES AND UNEMPLOYMENT INSURANCE"
22 APPROPRIATIONS, THE TOTAL AMOUNT WHICH MAY BE OBLIGATED SHALL
23 NOT EXCEED THE LIMITATIONS UNDER SECTION 903 OF THE SOCIAL
24 SECURITY ACT (49 STAT. 620, 42 U.S.C. § 1103).
25 SECTION 1728-F. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS.
26 (RESERVED).
27 SECTION 1729-F. DEPARTMENT OF PUBLIC WELFARE.
28 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
29 DEPARTMENT OF PUBLIC WELFARE FROM THE GENERAL APPROPRIATION ACT:
30 (1) AUTHORIZED TRANSFERS FOR CHILD CARE SERVICES. THE
20070H1295B2349 - 68 -
1 FOLLOWING SHALL APPLY:
2 (I) THE DEPARTMENT, UPON APPROVAL OF THE SECRETARY,
3 MAY TRANSFER FEDERAL FUNDS APPROPRIATED FOR TANFBG CHILD
4 CARE ASSISTANCE TO THE CCDFBG CHILD CARE SERVICES
5 APPROPRIATION TO PROVIDE CHILD CARE SERVICES TO
6 ADDITIONAL LOW INCOME FAMILIES IF THE TRANSFER OF FUNDS
7 WILL NOT RESULT IN A DEFICIT IN THE APPROPRIATION. THE
8 SECRETARY SHALL PROVIDE NOTICE TEN DAYS PRIOR TO A
9 TRANSFER UNDER THIS SUBPARAGRAPH TO THE CHAIRMAN AND
10 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE
11 SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
12 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
13 (II) THE DEPARTMENT, UPON APPROVAL OF THE SECRETARY,
14 MAY TRANSFER FEDERAL FUNDS APPROPRIATED FOR CCDFBG CHILD
15 CARE ASSISTANCE TO THE CCDFBG CHILD CARE SERVICES
16 APPROPRIATION TO PROVIDE CHILD CARE SERVICES TO
17 ADDITIONAL LOW INCOME FAMILIES PROVIDED THAT THE TRANSFER
18 OF FUNDS WILL NOT RESULT IN A DEFICIT IN THE
19 APPROPRIATION. THE SECRETARY SHALL PROVIDE NOTICE TEN
20 DAYS PRIOR TO A TRANSFER UNDER THIS SUBPARAGRAPH TO THE
21 CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS
22 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND THE MINORITY
23 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
24 REPRESENTATIVES.
25 (2) FEDERAL AND STATE MEDICAL ASSISTANCE PAYMENTS. THE
26 FOLLOWING SHALL APPLY:
27 (I) WHEN MAKING PAYMENTS FOR MEDICAL ASSISTANCE
28 OUTPATIENT OR CAPITATION SERVICES, THE DEPARTMENT SHALL
29 NOT REQUIRE A RECIPIENT TO OBTAIN A PHYSICIAN REFERRAL IN
30 ORDER TO RECEIVE CHIROPRACTIC SERVICES.
20070H1295B2349 - 69 -
1 (II) NO FUNDS APPROPRIATED FOR APPROVED CAPITATION
2 PLANS SHALL BE USED TO PAY A PROVIDER WHO FAILS TO SUPPLY
3 INFORMATION IN A FORM REQUIRED BY THE DEPARTMENT IN ORDER
4 TO FACILITATE CLAIMS FOR FEDERAL FINANCIAL PARTICIPATION
5 FOR SERVICES RENDERED TO GENERAL ASSISTANCE CLIENTS.
6 (III) FOR FISCAL YEAR 2007-2008, ADDITIONAL FEDERAL
7 AND STATE INPATIENT FUNDING IS INCLUDED TO PROVIDE FOR
8 COMMUNITY ACCESS FUND PAYMENTS. PAYMENTS TO HOSPITALS FOR
9 COMMUNITY ACCESS FUND GRANTS SHALL BE DISTRIBUTED UNDER
10 THE FORMULAS UTILIZED FOR THESE GRANTS IN FISCAL YEAR
11 2006-2007.
12 (IV) QUALIFYING STATE-RELATED ACADEMIC MEDICAL
13 CENTERS SHALL NOT RECEIVE ANY LESS FUNDING THAN RECEIVED
14 FOR THE FISCAL YEAR 2004-2005 STATE APPROPRIATION LEVEL
15 IF FEDERAL FUNDING FOR ACADEMIC MEDICAL CENTERS IS NOT
16 MADE AVAILABLE TO THOSE ACADEMIC MEDICAL CENTERS DURING
17 FISCAL YEAR 2007-2008.
18 (V) FUNDS APPROPRIATED FOR MEDICAL ASSISTANCE
19 TRANSPORTATION SHALL ONLY BE UTILIZED AS A PAYMENT OF
20 LAST RESORT FOR TRANSPORTATION FOR ELIGIBLE MEDICAL
21 ASSISTANCE RECIPIENTS.
22 (3) (RESERVED).
23 (4) WOMEN'S SERVICE PROGRAMS. THE FOLLOWING SHALL APPLY:
24 (I) FUNDS APPROPRIATED FOR WOMEN'S SERVICE PROGRAMS
25 GRANTS TO NONPROFIT AGENCIES WHOSE PRIMARY FUNCTION IS TO
26 PROVIDE ALTERNATIVES TO ABORTION SHALL BE EXPENDED TO
27 PROVIDE SERVICES TO WOMEN UNTIL CHILDBIRTH AND FOR UP TO
28 12 MONTHS THEREAFTER, INCLUDING FOOD, SHELTER, CLOTHING,
29 HEALTH CARE, COUNSELING, ADOPTION SERVICES, PARENTING
30 CLASSES, ASSISTANCE FOR POSTDELIVERY STRESS AND OTHER
20070H1295B2349 - 70 -
1 SUPPORTIVE PROGRAMS AND SERVICES AND FOR RELATED OUTREACH
2 PROGRAMS. AGENCIES MAY SUBCONTRACT WITH OTHER NONPROFIT
3 ENTITIES WHICH OPERATE PROJECTS DESIGNED SPECIFICALLY TO
4 PROVIDE ALL OR A PORTION OF THESE SERVICES. PROJECTS
5 RECEIVING FUNDS REFERRED TO IN THIS SUBPARAGRAPH SHALL
6 NOT PROMOTE, REFER FOR OR PERFORM ABORTIONS OR ENGAGE IN
7 ANY COUNSELING WHICH IS INCONSISTENT WITH THE
8 APPROPRIATION REFERRED TO IN THIS SUBPARAGRAPH AND SHALL
9 BE PHYSICALLY AND FINANCIALLY SEPARATE FROM ANY COMPONENT
10 OF ANY LEGAL ENTITY ENGAGING IN SUCH ACTIVITIES.
11 (II) FUNDS APPROPRIATED FOR WOMEN'S SERVICE PROGRAMS
12 SHALL BE USED FOR WOMEN'S MEDICAL SERVICES, INCLUDING
13 NONINVASIVE CONTRACEPTION SUPPLIES.
14 (III) FEDERAL FUNDS APPROPRIATED FOR TANFBG
15 ALTERNATIVES TO ABORTION SHALL BE UTILIZED SOLELY FOR
16 SERVICES TO WOMEN WHOSE GROSS FAMILY INCOME IS BELOW 185%
17 OF THE FEDERAL POVERTY GUIDELINES.
18 (5) BEHAVIORAL HEALTH SERVICES. ALL AVAILABLE
19 INTERGOVERNMENTAL TRANSFER FUNDS APPROPRIATED TO AUGMENT
20 APPROPRIATIONS, INCLUDING PRIOR YEAR CARRYOVER FUNDS, SHALL
21 BE SPENT PRIOR TO COMMONWEALTH FUNDS.
22 (6) COUNTY CHILDREN AND YOUTH PROGRAMS. THE FOLLOWING
23 SHALL APPLY:
24 (I) NO MORE THAN 50% OF FUNDS ALLOCATED FROM THE
25 STATE APPROPRIATION FOR COUNTY CHILDREN AND YOUTH
26 PROGRAMS TO EACH COUNTY SHALL BE EXPENDED UNTIL EACH
27 COUNTY SUBMITS TO THE DEPARTMENT DATA FOR THE PRIOR STATE
28 FISCAL YEAR, AND UPDATED QUARTERLY, ON THE UNDUPLICATED
29 CASELOADS, UNDUPLICATED SERVICES AND NUMBER OF
30 CASEWORKERS BY COUNTY PROGRAM. DATA SHALL BE SUBMITTED IN
20070H1295B2349 - 71 -
1 A FORM ACCEPTABLE TO THE DEPARTMENT. A COPY OF THE DATA
2 SHALL BE SENT TO THE CHAIRMAN AND MINORITY CHAIRMAN OF
3 THE APPROPRIATIONS COMMITTEE OF THE SENATE AND TO THE
4 CHAIRMAN AND THE MINORITY CHAIRMAN OF THE APPROPRIATIONS
5 COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
6 (II) REIMBURSEMENT FOR CHILDREN AND YOUTH SERVICES
7 MADE PURSUANT TO SECTION 704.1 OF THE ACT OF JUNE 13,
8 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE CODE,
9 SHALL NOT EXCEED THE AMOUNT OF STATE FUNDS APPROPRIATED.
10 IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT COUNTIES DO
11 NOT EXPERIENCE ANY ADVERSE FISCAL IMPACT DUE TO THE
12 DEPARTMENT'S MAXIMIZATION EFFORTS.
13 (7) TANF TRANSITION. FUNDS APPROPRIATED FOR CHILD
14 WELFARE TANF TRANSITION MAY BE DISBURSED BY THE DEPARTMENT IN
15 ACCORDANCE WITH SECTION 205 OF THE PUBLIC WELFARE CODE AS ONE
16 TIME GRANTS TO COUNTY CHILDREN AND YOUTH AGENCIES. THE
17 DEPARTMENT SHALL UTILIZE GUIDELINES ADOPTED IN CONSULTATION
18 WITH THE COUNTY COMMISSIONERS ASSOCIATION OF PENNSYLVANIA TO
19 GOVERN ELIGIBILITY FOR A GRANT AND THE NATURE AND EXTENT OF
20 OTHER UNFUNDED CHILD WELFARE EXPENDITURES FOR WHICH GRANTS
21 MAY BE USED. THE MAXIMUM ONE TIME TRANSITION GRANT TO A
22 COUNTY IN FISCAL YEAR 2007-2008 MAY BE LESS THAN BUT SHALL
23 NOT EXCEED THE AMOUNT SPECIFIED IN A COUNTY'S "STATE
24 TRANSITION GRANT" REVENUE LINE AS REFLECTED IN THE FISCAL
25 YEAR 2007-2008 PROPOSED ALLOCATION FOR STATE TRANSITION GRANT
26 LETTER FROM THE DEPARTMENT OF PUBLIC WELFARE TO THE SECRETARY
27 OF THE BUDGET DATED JULY 14, 2007.
28 (8) BEHAVIORAL HEALTH SERVICES TRANSITION. THE
29 DEPARTMENT, UPON APPROVAL OF THE SECRETARY, MAY TRANSFER
30 FEDERAL AND STATE FUNDS APPROPRIATED FOR BEHAVIORAL HEALTH
20070H1295B2349 - 72 -
1 SERVICES TRANSITION TO COUNTIES TO PROVIDE FOR CHILDREN AND
2 YOUTH PROGRAMS, CHILD ABUSE AND NEGLECT PREVENTION OR MEDICAL
3 ASSISTANCE CAPITATION.
4 (9) COMMUNITY-BASED FAMILY CENTERS. NO FUNDS
5 APPROPRIATED FOR COMMUNITY-BASED FAMILY CENTERS MAY BE
6 CONSIDERED AS PART OF THE BASE FOR CALCULATION OF THE COUNTY
7 CHILD WELFARE NEEDS-BASED BUDGET FOR A FISCAL YEAR.
8 SECTION 1730-F. DEPARTMENT OF REVENUE.
9 (RESERVED).
10 SECTION 1731-F. DEPARTMENT OF STATE.
11 (RESERVED).
12 SECTION 1732-F. DEPARTMENT OF TRANSPORTATION.
13 (RESERVED).
14 SECTION 1733-F. PENNSYLVANIA STATE POLICE.
15 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
16 PENNSYLVANIA STATE POLICE FROM THE GENERAL APPROPRIATION ACT:
17 (1) DURING FISCAL YEAR 2007-2008, THE PENNSYLVANIA STATE
18 POLICE MAY NOT CLOSE A BARRACKS UNTIL THE PENNSYLVANIA STATE
19 POLICE CONDUCT A PUBLIC HEARING AND PROVIDE 30 DAYS' NOTICE,
20 WHICH SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN AND IN
21 AT LEAST TWO LOCAL NEWSPAPERS.
22 (2) (RESERVED).
23 SECTION 1734-F. STATE CIVIL SERVICE COMMISSION.
24 (RESERVED).
25 SECTION 1735-F. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.
26 THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY SHALL PROVIDE
27 SEMIANNUAL REPORTS OF ALL GRANTS AWARDED BY PENNSYLVANIA
28 EMERGENCY MANAGEMENT AGENCY FROM FEDERAL DISASTER ASSISTANCE OR
29 RELIEF FUNDS, HOMELAND SECURITY AND DEFENSE FUNDS, AVIAN
30 FLU/PANDEMIC PREPAREDNESS OR OTHER PUBLIC HEALTH EMERGENCY FUNDS
20070H1295B2349 - 73 -
1 TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS
2 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN
3 OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
4 THE REPORTS SHALL INCLUDE INFORMATION RELATING TO THE ENTITY
5 RECEIVING GRANT MONEY FROM THE PENNSYLVANIA EMERGENCY MANAGEMENT
6 AGENCY, INCLUDING THE NAME AND ADDRESS OF THE ENTITY, THE AMOUNT
7 OF THE GRANT, THE DATE OF ISSUANCE AND THE PURPOSE OF THE GRANT.
8 REPORTS SHALL BE SUBMITTED ON OR BEFORE AUGUST 15 OF EACH YEAR
9 FOR GRANTS AWARDED DURING THE PERIOD FROM JANUARY 1 THROUGH JUNE
10 30 AND ON OR BEFORE FEBRUARY 15 OF EACH YEAR FOR GRANTS AWARDED
11 DURING THE PERIOD FROM JULY 1 THROUGH DECEMBER 31.
12 SECTION 1736-F. PENNSYLVANIA FISH AND BOAT COMMISSION.
13 (RESERVED).
14 SECTION 1737-F. STATE SYSTEM OF HIGHER EDUCATION.
15 (RESERVED).
16 SECTION 1738-F. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE
17 AGENCY.
18 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
19 PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY FROM THE GENERAL
20 APPROPRIATION ACT:
21 (1) MAXIMIZATION OF FUNDS. THE PENNSYLVANIA HIGHER
22 EDUCATION ASSISTANCE AGENCY SHALL USE FUNDS APPROPRIATED FOR
23 MATCHING PAYMENTS FOR STUDENT AID FUNDS TO MAXIMIZE THE
24 RECEIPT OF FEDERAL FUNDS TO THE FULLEST EXTENT POSSIBLE.
25 (2) LIMITATION. NO COLLEGE, UNIVERSITY OR INSTITUTION
26 RECEIVING A DIRECT APPROPRIATION FROM THE COMMONWEALTH SHALL
27 BE ELIGIBLE TO PARTICIPATE IN THE INSTITUTIONAL ASSISTANCE
28 GRANTS PROGRAM.
29 (3) AGRICULTURAL LOAN FORGIVENESS. IN DISTRIBUTING FUNDS
30 APPROPRIATED FOR AGRICULTURAL LOAN FORGIVENESS, THE AGENCY
20070H1295B2349 - 74 -
1 SHALL GIVE PREFERENCE TO RENEWAL APPLICANTS.
2 SECTION 1739-F. PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION.
3 (RESERVED).
4 SECTION 1740-F. PENNSYLVANIA INFRASTRUCTURE INVESTMENT
5 AUTHORITY.
6 (RESERVED).
7 SECTION 1741-F. ENVIRONMENTAL HEARING BOARD.
8 (RESERVED).
9 SECTION 1742-F. PENNSYLVANIA BOARD OF PROBATION AND PAROLE.
10 THE FOLLOWING SHALL APPLY TO THE APPROPRIATION FOR THE
11 PENNSYLVANIA BOARD OF PROBATION AND PAROLE FROM THE GENERAL
12 APPROPRIATION ACT:
13 (1) WORK PERFORMED UNDER THE DRUG OFFENDERS' WORK
14 PROGRAM APPROPRIATION FOR THE BOARD SHALL IN NO CASE REPLACE
15 JOBS PROTECTED BY A COLLECTIVE BARGAINING UNIT.
16 (2) (RESERVED).
17 SECTION 1743-F. PENNSYLVANIA PUBLIC TELEVISION NETWORK
18 COMMISSION.
19 (RESERVED).
20 SECTION 1744-F. PENNSYLVANIA SECURITIES COMMISSION.
21 (RESERVED).
22 SECTION 1745-F. STATE TAX EQUALIZATION BOARD.
23 (RESERVED).
24 SECTION 1746-F. HEALTH CARE COST CONTAINMENT COUNCIL.
25 THE HEALTH CARE COST CONTAINMENT COUNCIL SHALL SUBMIT A
26 REPORT TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
27 APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRMAN AND
28 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE
29 OF REPRESENTATIVES SPECIFYING THE AMOUNT AND SOURCE OF PROCEEDS
30 RECEIVED FROM THE SALE OF DATA BY THE COUNCIL. PROCEEDS RECEIVED
20070H1295B2349 - 75 -
1 FROM THE SALE SHALL BE DEPOSITED IN THE GENERAL FUND AND SHALL
2 NOT BE EXPENDED UNLESS APPROPRIATED BY THE GENERAL ASSEMBLY. THE
3 REPORT SHALL SUPPLEMENT THE ANNUAL REPORT OF FINANCIAL
4 EXPENDITURES REQUIRED UNDER SECTION 17.1 OF THE ACT OF JULY 8,
5 1986 (P.L.408, NO.89), KNOWN AS THE HEALTH CARE COST CONTAINMENT
6 ACT.
7 SECTION 1747-F. STATE ETHICS COMMISSION.
8 (RESERVED).
9 SECTION 1748-F. STATE EMPLOYEES' RETIREMENT SYSTEM.
10 (RESERVED).
11 SECTION 1749-F. THADDEUS STEVENS COLLEGE OF TECHNOLOGY.
12 (RESERVED).
13 SECTION 1750-F. PENNSYLVANIA HOUSING FINANCE AGENCY.
14 (RESERVED).
15 SECTION 1751-F. LIHEABG.
16 (RESERVED).
17 SECTION 1752-F. BUDGET STABILIZATION RESERVE FUND.
18 (RESERVED).
19 SUBARTICLE C
20 LEGISLATIVE DEPARTMENT
21 (RESERVED)
22 SUBARTICLE D
23 JUDICIAL DEPARTMENT
24 SECTION 1781-F. SUPREME COURT.
25 (A) ADMINISTRATIVE OFFICE.--FUNDS APPROPRIATED FOR THE
26 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS MAY BE USED FOR THE
27 OPERATION OF THE PENNSYLVANIA BOARD OF LAW EXAMINERS. FUNDS
28 PROVIDED TO THE BOARD SHALL BE REPAID IN FULL TO THE OFFICE,
29 WITHOUT INTEREST OR CHARGES, FROM REVENUES OF THE BOARD.
30 (B) COUNTY COURT ADMINISTRATORS.--NO FUNDS FROM ANY
20070H1295B2349 - 76 -
1 APPROPRIATION OTHER THAN THE APPROPRIATION FOR COUNTY COURT
2 ADMINISTRATORS FOR THE UNIFIED JUDICIAL SYSTEM MAY BE USED TO
3 SUPPLEMENT PAYMENTS TO COUNTY COURT ADMINISTRATORS.
4 SECTION 1782-F. SUPERIOR COURT.
5 (RESERVED).
6 SECTION 1783-F. COMMONWEALTH COURT.
7 (RESERVED).
8 SECTION 1784-F. COURTS OF COMMON PLEAS.
9 THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE COURTS OF
10 COMMON PLEAS IN THE GENERAL APPROPRIATION ACT.
11 (1) NO PAYMENT MAY BE MADE FROM THE APPROPRIATION FOR
12 SALARIES AND EXPENSES OF COURTS OF COMMON PLEAS JUDGES FOR
13 PRINTING, POSTAGE, TELEPHONE OR SUPPLIES.
14 (2) NO PAYMENT MAY BE MADE FOR EXPENSES OF ANY KIND
15 RELATING TO EDUCATION.
16 SECTION 1785-F. COMMUNITY COURTS; MAGISTERIAL DISTRICT JUDGES.
17 ALL OF THE FOLLOWING APPLY TO THE APPROPRIATION IN THE
18 GENERAL APPROPRIATION ACT FOR SALARIES AND EXPENSES OF COMMUNITY
19 COURT JUDGES AND MAGISTERIAL DISTRICT JUDGES:
20 (1) EXCEPT FOR PRINTING COSTS RELATED TO 42 PA.C.S. §
21 3532 (RELATING TO EXPENSES), NO OTHER COSTS FOR PRINTING,
22 POSTAGE, TELEPHONE OR SUPPLIES MAY BE PAID FOR FROM THE
23 APPROPRIATION.
24 (2) NO EXPENSES OF ANY KIND RELATING TO EDUCATION MAY BE
25 PAID FOR FROM THE APPROPRIATION.
26 SECTION 1786-F. PHILADELPHIA TRAFFIC COURT.
27 (RESERVED).
28 SECTION 1787-F. PHILADELPHIA MUNICIPAL COURT.
29 (RESERVED).
30 SECTION 1788-F. JUDICIAL CONDUCT BOARD.
20070H1295B2349 - 77 -
1 (RESERVED).
2 SECTION 1789-F. COURT OF JUDICIAL DISCIPLINE.
3 (RESERVED).
4 SECTION 1790-F. JUROR COST REIMBURSEMENT.
5 (RESERVED).
6 SECTION 1791-F. COUNTY COURT REIMBURSEMENT.
7 COUNTY COURT REIMBURSEMENTS SHALL BE AS FOLLOWS:
8 (1) REIMBURSEMENT TO COUNTIES FOR COSTS INCURRED IN THE
9 ADMINISTRATION AND OPERATION OF COURTS OF COMMON PLEAS SHALL
10 BE PAID AS FOLLOWS:
11 (I) FOR EACH COMMON PLEAS COURT JUDGE, FILLED OR
12 VACANT, $70,000 PER AUTHORIZED POSITION.
13 (II) JUDICIAL DISTRICTS COMPRISING MORE THAN ONE
14 COUNTY SHALL RECEIVE $70,000 PER AUTHORIZED POSITION. THE
15 AMOUNT PAYABLE TO EACH COUNTY SHALL BE DETERMINED BY THE
16 PROPORTION OF THE COUNTY'S POPULATION IN RELATION TO THE
17 POPULATION OF THE ENTIRE JUDICIAL DISTRICT.
18 (III) NO COUNTY SHALL BE REIMBURSED FOR COSTS ABOVE
19 THE ACTUAL DIRECT COSTS, EXCLUDING CAPITAL OUTLAYS,
20 INCURRED TO OPERATE THE COURTS OF COMMON PLEAS.
21 (IV) NO COUNTY SHALL RECEIVE LESS THAN 77.5% OF THE
22 ACTUAL REIMBURSEMENT FOR COURT COSTS APPROPRIATED IN
23 FISCAL YEAR 1980-1981.
24 (V) REIMBURSEMENT SHALL BE MADE TO THE COUNTY
25 TREASURER AND, IN CITIES OF THE FIRST CLASS COTERMINOUS
26 WITH COUNTIES OF THE FIRST CLASS, TO THE CITY TREASURER.
27 (2) (RESERVED).
28 SECTION 1792-F. SENIOR JUDGES.
29 (A) HEALTH BENEFITS.--SUBJECT TO SUBSECTION (B),
30 APPROPRIATIONS FOR THE SUPERIOR COURT, COMMONWEALTH COURT,
20070H1295B2349 - 78 -
1 COURTS OF COMMON PLEAS, COMMUNITY COURTS, MAGISTERIAL DISTRICT
2 JUDGES, THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA
3 TRAFFIC COURT MAY BE USED TO PAY FOR HEALTH BENEFITS FOR SENIOR
4 JUDGES WORKING AS ACTIVE OR SENIOR JUDGES FOR A MINIMUM OF 75
5 DAYS IN THE PRIOR CALENDAR YEAR.
6 (B) LIMITATION.--SENIOR JUDGES OF THE COURTS OF COMMON PLEAS
7 SHALL NOT BE ASSIGNED UNLESS ADEQUATE FUNDS ARE APPROPRIATED TO
8 PROVIDE COMPENSATION. A SENIOR JUDGE ASSIGNED IN EXCESS OF
9 EXISTING APPROPRIATIONS SHALL BE COMPENSATED FROM THE
10 APPROPRIATION FOR THE SUPREME COURT.
11 SECTION 1793-F. TRANSFER OF FUNDS BY SUPREME COURT.
12 THE SUPREME COURT MAY TRANSFER TO THE JUDICIAL DEPARTMENT
13 DURING THE FISCAL YEAR FUNDS APPROPRIATED IN SECTIONS 281, 282,
14 283, 284, 285, 286, 287, 290 AND 291 OF THE GENERAL
15 APPROPRIATION ACT AMONG ANY OF THE LINE ITEMS CONTAINED WITHIN
16 THOSE SECTIONS. IN ORDER TO AVOID A DEFICIT IN ANY LINE ITEMS IN
17 THOSE SECTIONS, THE SUPREME COURT MAY ALSO TRANSFER FUNDS
18 DEPOSITED INTO THE JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT
19 TO ANY LINE ITEMS IN THOSE SECTIONS. THE SUPREME COURT MAY ALSO
20 TRANSFER EXCESS FUNDS APPROPRIATED IN THOSE SECTIONS TO THE
21 JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT DURING THE MONTH
22 OF JUNE 2008. IF THE SUPREME COURT MAKES A TRANSFER UNDER THIS
23 SECTION, THE SUPREME COURT SHALL GIVE WRITTEN NOTIFICATION TO
24 THE SECRETARY AND CHAIRMAN AND MINORITY CHAIRMAN OF THE
25 APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRMAN AND
26 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE
27 OF REPRESENTATIVES TEN DAYS PRIOR TO ANY TRANSFER. THIS SECTION
28 SHALL NOT APPLY TO THE APPROPRIATION IN SECTION 291 OF THE
29 GENERAL APPROPRIATION ACT FOR GUN COURTS.
30 ARTICLE XVII-G
20070H1295B2349 - 79 -
1 2007-2008 RESTRICTIONS ON APPROPRIATIONS
2 FOR FUNDS AND ACCOUNTS
3 SECTION 1701-G. APPLICABILITY.
4 EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE
5 APPLIES TO THE GENERAL APPROPRIATION ACT OF 2007.
6 SECTION 1702-G. STATE LOTTERY FUND.
7 (1) FUNDS APPROPRIATED FOR PENNCARE SHALL NOT BE
8 UTILIZED FOR ADMINISTRATIVE COSTS BY THE DEPARTMENT OF AGING.
9 (2) (RESERVED).
10 SECTION 1703-G. ENERGY CONSERVATION AND ASSISTANCE FUND.
11 NO LESS THAN 75% OF THE APPROPRIATION FOR ENERGY CONSERVATION
12 PROGRAMS UNDER THE ACT OF JULY 10, 1986 (P.L.1398, NO.122),
13 KNOWN AS THE ENERGY CONSERVATION AND ASSISTANCE ACT, SHALL BE
14 USED FOR PROGRAMS LISTED AS PRIORITIES IN SECTION 7(B) OF THE
15 ENERGY CONSERVATION AND ASSISTANCE ACT.
16 SECTION 1704-G. JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT.
17 THE SUPREME COURT AND THE COURT ADMINISTRATOR OF PENNSYLVANIA
18 ARE PROHIBITED FROM AUGMENTING THE AMOUNT APPROPRIATED TO THE
19 JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT BY BILLINGS TO
20 OTHER APPROPRIATIONS TO THE JUDICIAL BRANCH FOR THE STATEWIDE
21 JUDICIAL COMPUTER SYSTEM OR FOR ANY OTHER PURPOSE.
22 SECTION 1705-G. EMERGENCY MEDICAL SERVICES OPERATING FUND.
23 (RESERVED).
24 SECTION 1706-G. STATE STORES FUND.
25 (RESERVED).
26 SECTION 1707-G. MOTOR LICENSE FUND.
27 (RESERVED).
28 SECTION 1708-G. HAZARDOUS MATERIAL RESPONSE FUND.
29 (RESERVED).
30 SECTION 1709-G. MILK MARKETING FUND.
20070H1295B2349 - 80 -
1 (RESERVED).
2 SECTION 1710-G. HOME INVESTMENT TRUST FUND.
3 (RESERVED).
4 SECTION 1711-G. TUITION PAYMENT FUND.
5 (RESERVED).
6 SECTION 1712-G. BANKING DEPARTMENT FUND.
7 (RESERVED).
8 SECTION 1713-G. FIREARM RECORDS CHECK FUND.
9 (RESERVED).
10 SECTION 1714-G. BEN FRANKLIN TECHNOLOGY DEVELOPMENT AUTHORITY
11 FUND.
12 FUNDS ALLOCATED FROM THE APPROPRIATION FOR THE BEN FRANKLIN
13 CENTERS FOR FISCAL YEAR 2007-2008 SHALL NOT BE LESS THAN THE
14 ALLOCATION FOR FISCAL YEAR 2006-2007.
15 SECTION 1715-G. TOBACCO SETTLEMENT FUND.
16 (A) DEPOSITS.--
17 (1) NOTWITHSTANDING SECTIONS 303(B)(3) AND (4) AND 306
18 OF THE ACT OF JUNE 26, 2001 (P.L.755, NO.77), KNOWN AS THE
19 TOBACCO SETTLEMENT ACT, THE FOLLOWING SHALL APPLY:
20 (I) FOR FISCAL YEAR 2007-2008, $14,033,000 OF THE
21 FUNDS DERIVED UNDER SECTION 303(B)(3) OF THE TOBACCO
22 SETTLEMENT ACT SHALL BE DEPOSITED INTO THE TOBACCO
23 SETTLEMENT FUND. THIS SUBPARAGRAPH INCLUDES $2,783,000
24 DEPOSITED IN THE FUND UNDER SECTION 1715-C(A)(1)(I) BUT
25 NOT APPROPRIATED IN THE ACT OF JULY 2, 2006 (P.L.
26 NO.2A), KNOWN AS THE GENERAL APPROPRIATION ACT OF 2006.
27 (II) FOR FISCAL YEAR 2007-2008, $48,062,000 OF THE
28 FUNDS DERIVED UNDER SECTION 303(B)(4) OF THE TOBACCO
29 SETTLEMENT ACT SHALL BE DEPOSITED INTO THE FUND. THIS
30 SUBPARAGRAPH INCLUDES $8,062,000 DEPOSITED IN THE FUND
20070H1295B2349 - 81 -
1 UNDER SECTION 1715-C(A)(1)(I) BUT NOT APPROPRIATED IN THE
2 GENERAL APPROPRIATION ACT OF 2006.
3 (III) FOR FISCAL YEAR 2007-2008, ONE-FOURTH OF THE
4 MONEY APPROPRIATED UNDER SECTION 306(B)(1)(III) OF THE
5 TOBACCO SETTLEMENT ACT MAY NOT BE EXPENDED, TRANSFERRED
6 OR LAPSED BUT SHALL REMAIN IN THE FUND.
7 (IV) FOR FISCAL YEAR 2007-2008, ONE-THIRD OF THE
8 MONEY APPROPRIATED UNDER SECTION 306(B)(1)(VI) OF THE
9 TOBACCO SETTLEMENT ACT MAY NOT BE EXPENDED, TRANSFERRED
10 OR LAPSED BUT SHALL REMAIN IN THE FUND.
11 (2) MONEY DEPOSITED INTO THE FUND UNDER PARAGRAPH (1)
12 SHALL BE APPROPRIATED FOR HEALTH-RELATED PURPOSES. IF
13 APPLICABLE, THE AMOUNT APPROPRIATED UNDER THIS PARAGRAPH
14 SHALL BE MATCHED BY APPROPRIATED FEDERAL AUGMENTING FUNDS.
15 (B) ALLOCATION.--FUNDING FOR LOCAL PROGRAMS UNDER SECTION
16 708(B) OF THE ACT OF JUNE 26, 2001 (P.L.755, NO.77), KNOWN AS
17 THE TOBACCO SETTLEMENT ACT, SHALL BE ALLOCATED AS FOLLOWS:
18 (1) THIRTY PERCENT OF GRANT FUNDING TO PRIMARY
19 CONTRACTORS FOR LOCAL PROGRAMS SHALL BE ALLOCATED EQUALLY
20 AMONG EACH OF THE 67 COUNTIES.
21 (2) THE REMAINING 70% OF GRANT FUNDING TO PRIMARY
22 CONTRACTORS FOR LOCAL PROGRAMS SHALL BE ALLOCATED ON A PER
23 CAPITA BASIS OF EACH COUNTY WITH A POPULATION GREATER THAN
24 60,000. THE PER CAPITA FORMULA SHALL BE APPLIED ONLY TO THAT
25 PORTION OF THE POPULATION THAT IS GREATER THAN 60,000 FOR
26 EACH COUNTY.
27 (3) BUDGETS SHALL BE DEVELOPED BY EACH PRIMARY
28 CONTRACTOR TO REFLECT SERVICE PLANNING AND EXPENDITURES IN
29 EACH COUNTY. EACH PRIMARY CONTRACTOR WILL ENSURE THAT
30 SERVICES ARE AVAILABLE TO RESIDENTS OF EACH COUNTY AND MUST
20070H1295B2349 - 82 -
1 EXPEND THE ALLOCATED FUNDS ON A PER-COUNTY BASIS PURSUANT TO
2 PARAGRAPHS (1) AND (2).
3 (4) THE DEPARTMENT OF HEALTH SHALL COMPILE A DETAILED
4 ANNUAL REPORT OF EXPENDITURES PER COUNTY AND THE SPECIFIC
5 PROGRAMS OFFERED IN EACH REGION. THIS REPORT SHALL BE MADE
6 AVAILABLE ON THE DEPARTMENT OF HEALTH'S PUBLICLY AVAILABLE
7 INTERNET WEBSITE 60 DAYS FOLLOWING THE CLOSE OF EACH FISCAL
8 YEAR.
9 (5) DURING THE THIRD QUARTER OF THE FISCAL YEAR, FUNDS
10 WHICH HAVE NOT BEEN SPENT WITHIN A SERVICE AREA MAY BE
11 REALLOCATED TO SUPPORT PROGRAMMING IN THE SAME REGION.
12 SECTION 1716-G. COMMUNITY HEALTH REINVESTMENT RESTRICTED
13 ACCOUNT.
14 (A) ESTABLISHMENT.--THERE IS ESTABLISHED IN THE STATE
15 TREASURY A RESTRICTED RECEIPTS ACCOUNT IN THE TOBACCO SETTLEMENT
16 FUND TO BE KNOWN AS THE COMMUNITY HEALTH REINVESTMENT RESTRICTED
17 ACCOUNT. INTEREST EARNED ON MONEY IN THE ACCOUNT SHALL REMAIN IN
18 THE ACCOUNT.
19 (B) AGREEMENT ON COMMUNITY HEALTH REINVESTMENT.--EACH
20 CALENDAR YEAR, A CORPORATION UNDER 40 PA.C.S. CH. 61 (RELATING
21 TO HOSPITAL PLAN CORPORATIONS) OR 63 (RELATING TO PROFESSIONAL
22 HEALTH SERVICES PLAN CORPORATIONS) THAT IS A PARTY TO THE
23 AGREEMENT ON COMMUNITY HEALTH REINVESTMENT ENTERED INTO FEBRUARY
24 2, 2005, BY THE INSURANCE DEPARTMENT AND THE CAPITAL BLUE CROSS,
25 HIGHMARK, INC., HOSPITAL SERVICE ASSOCIATION OF NORTHEASTERN
26 PENNSYLVANIA AND INDEPENDENCE BLUE CROSS, AND PUBLISHED IN THE
27 PENNSYLVANIA BULLETIN AT 35 PA.B. 4155 (JULY 23, 2005), SHALL
28 PAY TO THE ACCOUNT THE AMOUNT CALCULATED FOR SUCH CALENDAR YEAR
29 IN SECTION 5 OF THE AGREEMENT, PUBLISHED AT 35 PA.B. 4156.
30 (C) APPROPRIATION.--THE MONEY IN THE ACCOUNT, INCLUDING ALL
20070H1295B2349 - 83 -
1 INTEREST EARNED, IS APPROPRIATED TO THE INSURANCE DEPARTMENT TO
2 BE USED IN ACCORDANCE WITH THE AGREEMENT ON COMMUNITY HEALTH
3 REINVESTMENT DESCRIBED IN SUBSECTION (B).
4 SECTION 1717-G. HEALTH CARE PROVIDER RETENTION ACCOUNT.
5 (RESERVED).
6 SECTION 1718-G. (RESERVED).
7 SECTION 1719-G. RESTRICTED RECEIPT ACCOUNTS.
8 (A) GENERAL PROVISIONS.--THE SECRETARY MAY CREATE RESTRICTED
9 RECEIPT ACCOUNTS FOR THE PURPOSE OF ADMINISTERING FEDERAL GRANTS
10 ONLY FOR THE PURPOSES DESIGNATED IN THIS SECTION.
11 (B) DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT.--THE
12 FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE
13 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT:
14 (1) ARC HOUSING REVOLVING LOAN PROGRAM.
15 (2) (RESERVED).
16 (C) DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.--THE
17 FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE
18 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES:
19 (1) FEDERAL AID TO VOLUNTEER FIRE COMPANIES.
20 (2) FEDERAL LAND AND WATER CONSERVATION FUND ACT.
21 (3) NATIONAL FOREST RESERVE ALLOTMENT.
22 (4) FEDERAL LAND AND WATER CONSERVATION FUND ACT -
23 CONSERVATION AND NATURAL RESOURCES.
24 (D) DEPARTMENT OF EDUCATION.--THE FOLLOWING RESTRICTED
25 RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF
26 EDUCATION:
27 (1) EDUCATION OF THE DISABLED - PART C.
28 (2) LSTA - LIBRARY GRANTS.
29 (3) THE PENNSYLVANIA STATE UNIVERSITY FEDERAL AID.
30 (4) EMERGENCY IMMIGRATION EDUCATION ASSISTANCE.
20070H1295B2349 - 84 -
1 (5) EDUCATION OF THE DISABLED - PART D.
2 (6) HOMELESS ADULT ASSISTANCE PROGRAM.
3 (7) SEVERELY HANDICAPPED.
4 (8) MEDICAL ASSISTANCE REIMBURSEMENTS TO LOCAL EDUCATION
5 AGENCIES.
6 (E) DEPARTMENT OF ENVIRONMENTAL PROTECTION.--THE FOLLOWING
7 RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE
8 DEPARTMENT OF ENVIRONMENTAL PROTECTION:
9 (1) FEDERAL WATER RESOURCES PLANNING ACT.
10 (2) FLOOD CONTROL PAYMENTS.
11 (3) SOIL AND WATER CONSERVATION ACT - INVENTORY OF
12 PROGRAMS.
13 (F) DEPARTMENT OF HEALTH.--THE FOLLOWING RESTRICTED RECEIPT
14 ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF HEALTH:
15 (1) SHARE LOAN PROGRAM.
16 (2) (RESERVED).
17 (G) DEPARTMENT OF TRANSPORTATION.--THE FOLLOWING RESTRICTED
18 RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF
19 TRANSPORTATION:
20 (1) CAPITAL ASSISTANCE ELDERLY AND HANDICAPPED PROGRAMS.
21 (2) RAILROAD REHABILITATION AND IMPROVEMENT ASSISTANCE.
22 (3) RIDESHARING/VAN POOL PROGRAM - ACQUISITION.
23 (H) PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.--THE FOLLOWING
24 RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE
25 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY:
26 (1) RECEIPTS FROM FEDERAL GOVERNMENT - DISASTER RELIEF -
27 DISASTER RELIEF ASSISTANCE TO STATE AND POLITICAL
28 SUBDIVISIONS.
29 (2) (RESERVED).
30 (I) PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION.--THE
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1 FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE
2 PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION:
3 (1) FEDERAL GRANT - NATIONAL HISTORIC PRESERVATION ACT
4 (PUBLIC LAW 89-665, 80 STAT. 915).
5 (2) (RESERVED).
6 (J) EXECUTIVE OFFICES.--THE FOLLOWING RESTRICTED RECEIPT
7 ACCOUNTS MAY BE ESTABLISHED FOR THE EXECUTIVE OFFICES:
8 (1) RETIRED EMPLOYEES MEDICARE PART D.
9 (2) JUSTICE ASSISTANCE.
10 (3) JUVENILE ACCOUNTABILITY INCENTIVE.
11 SECTION 1720-G. STATE GAMING FUND.
12 (A) DEDUCTION OF CERTAIN APPROPRIATIONS.--NOTWITHSTANDING
13 THE PROVISIONS OF SECTION 504(C)(1) OF THE ACT OF JUNE 27, 2006
14 (1ST SP.SESS., P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF
15 ACT, FUNDS APPROPRIATED TO THE PENNSYLVANIA GAMING CONTROL BOARD
16 FROM THE STATE GAMING FUND SHALL BE DEDUCTED FROM THE AMOUNT
17 TRANSFERRED TO THE PROPERTY TAX RELIEF RESERVE FUND UNDER
18 SECTION 504(B) OF THE TAXPAYER RELIEF ACT AND LOANED TO THE
19 PENNSYLVANIA GAMING CONTROL BOARD FOR PAYMENT OF THE BOARD'S
20 ADMINISTRATIVE AND OPERATING EXPENSES FOR THE FISCAL YEAR
21 COMMENCING JULY 1, 2007. FUNDS LOANED TO THE BOARD UNDER THIS
22 SECTION SHALL BE REPAID FROM THE ACCOUNTS ESTABLISHED UNDER 4
23 PA.C.S. § 1401 (RELATING TO SLOT MACHINE LICENSEE DEPOSITS) IN
24 ACCORDANCE WITH SUBSECTION (B).
25 (B) ASSESSMENT FOR REPAYMENT.--NOTWITHSTANDING THE
26 PROVISIONS OF 4 PA.C.S. § 1901.1 (RELATING TO REPAYMENTS TO
27 STATE GAMING FUND), THE PENNSYLVANIA GAMING CONTROL BOARD SHALL
28 ASSESS SLOT MACHINE LICENSEES FOR REPAYMENT OF FUNDS TRANSFERRED
29 AND LOANED TO THE BOARD UNDER SUBSECTION (A) FROM THE STATE
30 GAMING FUND IN ACCORDANCE WITH 4 PA.C.S. § 1402 (RELATING TO
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1 GROSS TERMINAL REVENUE DEDUCTIONS) FOR REPAYMENT TO THE PROPERTY
2 TAX RELIEF RESERVE FUND AT SUCH TIME AS AT LEAST 11 SLOT MACHINE
3 LICENSES HAVE BEEN ISSUED AND 11 SLOT MACHINE LICENSES HAVE BEEN
4 ISSUED AND 11 LICENSED GAMING ENTITIES HAVE COMMENCED THE
5 OPERATION OF SLOT MACHINES. THE BOARD SHALL ADOPT A REPAYMENT
6 SCHEDULE THAT ASSESSES TO EACH SLOT MACHINE LICENSEE COSTS FOR
7 THE REPAYMENT OF AMOUNTS APPROPRIATED UNDER THIS SECTION IN AN
8 AMOUNT THAT IS PROPORTIONAL TO EACH SLOT MACHINE LICENSEE'S
9 GROSS TERMINAL REVENUE.
10 (C) PROPERTY TAX RELIEF.--
11 (1) NOTWITHSTANDING THE PROVISIONS OF SECTION 504 OF THE
12 TAXPAYER RELIEF ACT, UNTIL THE LOAN TO THE PENNSYLVANIA
13 GAMING CONTROL BOARD UNDER SUBSECTION (A) IS REPAID, THE
14 SECRETARY OF THE BUDGET IS AUTHORIZED TO PROVIDE FOR PROPERTY
15 TAX RELIEF UNDER SECTION 503(D) OF THE TAXPAYER RELIEF ACT,
16 REGARDLESS OF WHETHER THE AMOUNT DEPOSITED IN THE PROPERTY
17 TAX RELIEF RESERVE FUND IS LESS THAN REQUIRED BY SECTION 504
18 OF THE TAXPAYER RELIEF ACT.
19 (2) NOTWITHSTANDING THE PROVISIONS OF 4 PA.C.S. §
20 1901.1, BEGINNING JANUARY 1, 2011, IF THE SECRETARY OF THE
21 BUDGET DETERMINES THAT THE MONEYS IN THE PROPERTY TAX RELIEF
22 RESERVE FUND ARE NEEDED FOR PROPERTY TAX RELIEF, THE
23 SECRETARY SHALL NOTIFY THE PENNSYLVANIA GAMING CONTROL BOARD
24 AND UPON NOTIFICATION, THE BOARD SHALL IMMEDIATELY ASSESS
25 EACH SLOT MACHINE LICENSEE FOR THE REPAYMENT OF THE LOAN IN
26 AN AMOUNT THAT IS PROPORTIONAL TO EACH SLOT MACHINE
27 LICENSEE'S GROSS TERMINAL REVENUE.
28 (D) OTHER APPROPRIATIONS SOLELY FROM ASSESSMENT.--
29 (1) ALL FUNDS FOR THE OPERATION OF THE PENNSYLVANIA
30 STATE POLICE, DEPARTMENT OF REVENUE AND ATTORNEY GENERAL ARE
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1 APPROPRIATED SOLELY FROM AN ASSESSMENT ON GROSS TERMINAL
2 REVENUE FROM ACCOUNTS UNDER 4 PA.C.S. § 1401 IN AN AMOUNT
3 EQUAL TO THAT APPROPRIATED BY THE GENERAL ASSEMBLY FOR FISCAL
4 YEAR 2007-2008. THE PENNSYLVANIA STATE POLICE, ATTORNEY
5 GENERAL OR DEPARTMENT OF REVENUE SHALL NOT ASSESS ANY CHARGE,
6 FEE, COST OF OPERATIONS OR OTHER PAYMENT FROM A LICENSED
7 GAMING ENTITY IN EXCESS OF AMOUNTS APPROPRIATED FOR FISCAL
8 YEAR 2007-2008, UNLESS SPECIFICALLY AUTHORIZED BY LAW.
9 (2) THIS SUBSECTION SHALL NOT APPLY TO ANY VOLUNTARY
10 PAYMENT MADE BY A NEW SLOT MACHINE LICENSEE IN ACCORDANCE
11 WITH SIMILAR PAYMENTS VOLUNTARILY MADE BY EXISTING LICENSEES.
12 SECTION 5. REPEALS ARE AS FOLLOWS:
13 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
14 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF
15 ARTICLE XV-A OF THE ACT.
16 (2) THE ACT OF SEPTEMBER 26, 1961 (P.L.1661, NO.692),
17 KNOWN AS THE STATE EMPLOYES GROUP LIFE INSURANCE LAW, IS
18 REPEALED.
19 (3) THE GENERAL ASSEMBLY DECLARES THAT THE REPEALS UNDER
20 PARAGRAPH (4) ARE NECESSARY TO EFFECTUATE THE ADDITION OF
21 SECTION 1508 OF THE ACT.
22 (4) THE PROVISIONS OF 35 PA.C.S. §§ 7307 AND 7705(C) ARE
23 REPEALED.
24 SECTION 6. THE ADDITION OF ARTICLE XV-A OF THE ACT IS A
25 CONTINUATION OF THE ACT OF SEPTEMBER 26, 1961 (P.L.1661,
26 NO.692), KNOWN AS THE STATE EMPLOYES GROUP LIFE INSURANCE LAW.
27 EXCEPT AS OTHERWISE PROVIDED UNDER ARTICLE XV-A, ALL ACTIVITIES
28 INITIATED UNDER THE STATE EMPLOYES GROUP LIFE INSURANCE LAW
29 SHALL CONTINUE AND REMAIN IN FULL FORCE AND EFFECT AND MAY BE
30 COMPLETED UNDER ARTICLE XV-A. ORDERS, REGULATIONS, RULES AND
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1 DECISIONS WHICH WERE MADE UNDER THE STATE EMPLOYES GROUP LIFE
2 INSURANCE LAW AND WHICH ARE IN EFFECT ON THE EFFECTIVE DATE OF
3 SECTION 1.1 OF THIS ACT SHALL REMAIN IN FULL FORCE AND EFFECT
4 UNTIL REVOKED, VACATED OR MODIFIED UNDER ARTICLE XV-A.
5 CONTRACTS, OBLIGATIONS AND COLLECTIVE BARGAINING AGREEMENTS
6 ENTERED INTO UNDER THE STATE EMPLOYES GROUP LIFE INSURANCE LAW
7 ARE NOT AFFECTED NOR IMPAIRED BY THE REPEAL OF THE STATE
8 EMPLOYES GROUP LIFE INSURANCE LAW.
9 SECTION 7. THE AMENDMENT OF SECTION 1737-B OF THE ACT SHALL
10 APPLY RETROACTIVELY TO JULY 1, 2006.
11 SECTION 8. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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