PRINTER'S NO. 3842
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2525
Session of
2018
INTRODUCED BY F. KELLER, MILLARD, WARD, McGINNIS, RYAN,
KAUFFMAN, DIAMOND, TALLMAN, BERNSTINE, B. MILLER, KEEFER,
GROVE, COX, MOUL AND ZIMMERMAN, JULY 3, 2018
REFERRED TO COMMITTEE ON APPROPRIATIONS, JULY 3, 2018
AN ACT
Amending the act of April 9, 1929 (P.L.343, No.176), entitled,
as amended, "An act relating to the finances of the State
government; providing for cancer control, prevention and
research, for ambulatory surgical center data collection and
for the Joint Underwriting Association, providing for the
settlement, assessment, collection, and lien of taxes, bonus,
and all other accounts due the Commonwealth, the collection
and recovery of fees and other money or property due or
belonging to the Commonwealth, or any agency thereof,
including escheated property and the proceeds of its sale,
the custody and disbursement or other disposition of funds
and securities belonging to or in the possession of the
Commonwealth, and the settlement of claims against the
Commonwealth, the resettlement of accounts and appeals to the
courts, refunds of moneys erroneously paid to the
Commonwealth, auditing the accounts of the Commonwealth and
all agencies thereof, of all public officers collecting
moneys payable to the Commonwealth, or any agency thereof,
and all receipts of appropriations from the Commonwealth,
authorizing the Commonwealth to issue tax anticipation notes
to defray current expenses, implementing the provisions of
section 7(a) of Article VIII of the Constitution of
Pennsylvania authorizing and restricting the incurring of
certain debt and imposing penalties; affecting every
department, board, commission, and officer of the State
government, every political subdivision of the State, and
certain officers of such subdivisions, every person,
association, and corporation required to pay, assess, or
collect taxes, or to make returns or reports under the laws
imposing taxes for State purposes, or to pay license fees or
other moneys to the Commonwealth, or any agency thereof,
every State depository and every debtor or creditor of the
Commonwealth," in 2017-2018 restrictions on appropriations
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for funds and accounts, further providing for fund transfers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1726-G of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code, added October 30,
2017 (P.L.725, No.44), is amended to read:
Section 1726-G. Fund transfers.
(a) Transfers.--During the 2017-2018 fiscal year,
$300,000,000 shall be transferred from amounts available in
special funds and restricted accounts to the General Fund. The
transfers under this section shall be in accordance with the
following:
(1) The Secretary of the Budget may transfer amounts
authorized under subsection (a) from the following special
funds and restricted accounts:
(i) Agricultural Conservation Easement Purchase
Fund.
(ii) Ben Franklin Technology Development Authority
Fund.
(iii) Coal Lands Improvement Fund.
(iv) Emergency Medical Services Operating Fund.
(v) Employment Fund for the Blind.
(vi) Energy Development Fund.
(vii) Environmental Education Fund.
(ix) Environmental Stewardship Fund.
(x) Historical Preservation Fund.
(xi) Housing Affordability and Rehabilitation
Enhancement Fund.
(xii) Industrial Development Fund.
(xiii) Industrial Sites Cleanup Fund.
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(xiv) Industrial Sites Environmental Assessment
Fund.
(xv) Insurance Regulation and Oversight Fund.
(xvi) Keystone Recreation, Park and Conservation
Fund.
(xvii) Local Government Capital Project Loan Fund.
(xviii) Machinery and Equipment Loan Fund.
(xix) Manufacturing Fund.
(xx) Minority Business Development Fund.
(xxi) Multimodal Transportation Fund.
(xxii) New PA Venture Capital.
(xxiii) PA Economic Recovery Fund.
(xxiv) Property Tax Relief Fund.
(xxv) Public Transportation Trust Fund.
(xxvi) Pennsylvania Race Horse Development Trust
Fund.
(xxvii) Recycling Fund.
(xxviii) Small Business First Fund.
(xxix) Solid Waste - Resource Recovery Development
Fund.
(xxx) State College Experimental Farm Fund.
(xxxi) State Gaming Fund - Volunteer Fire Grants.
(xxxii) State School Fund.
(xxxiii) State Treasury Armory Fund.
(xxxiv) Substance Abuse Education and Demand
Reduction Fund.
(xxxv) Unconventional Gas Well Fund.
(xxxvi) Volunteer Companies Loan Fund.
(xxxvii) 911 Fund.
(2) The Secretary of the Budget shall transmit to the
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State Treasurer a list of amounts to be transferred from
special funds and restricted accounts to the General Fund no
later than June 30, 2018.
[(2) Upon receipt of the list under paragraph (1)] (3)
No later than July 31, 2018, the State Treasurer shall cause
the transfers under paragraph [(1)] (2) to occur.
(4) The amount transferred from each fund listed under
paragraph (1) shall be determined by the Governor, except
that no more than 25% of the total amount transferred under
this section may be transferred from a single special fund or
account listed under paragraph (1).
(b) Lease or lease-back agreement involving Pennsylvania
Farm Show Complex.--A debt instrument which purports to be a
lease or lease-back agreement entered into on or after September
1, 2017, and involving the Pennsylvania Farm Show Complex, is
declared a violation of section 7 of Article VIII of the
Constitution of Pennsylvania and shall be voided, as the
agreement is against the public policy of this Commonwealth. The
following shall apply:
(1) Money received in consideration for a purported
lease or lease-back agreement under this subsection shall be
immediately returned to the party that entered into the
agreement with the Commonwealth.
(2) To the extent that damages are ordered as a result
of a claim brought against the Commonwealth under a purported
lease or lease-back agreement under subsection (b), the
damages shall be paid out of money appropriated for the
general government operations for the Office of Governor, the
Office of Administration and the Department of General
Services for fiscal year 2017-2018.
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Section 2. This act shall take effect immediately.
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