Regular Session 2017-2018 Senate Bill 0790 P.N. 1163

PRIOR PRINTER'S NO. 1071

PRINTER'S NO. 1163

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

790

Session of

2017

INTRODUCED BY HUGHES, BROWNE, COSTA, ALLOWAY, GREENLEAF,

RESCHENTHALER, FONTANA, STEFANO, BOSCOLA, YUDICHAK, WHITE,

BAKER, LEACH, TARTAGLIONE AND SCHWANK, JULY 6, 2017

SENATOR GREENLEAF, JUDICIARY, AS AMENDED, SEPTEMBER 19, 2017

AN ACT

Amending the act of April 9, 1929 (P.L.343, No.176), entitled

"An act relating to the finances of the State government;

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 additional special funds, establishing the

First Chance Trust Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The ARTICLE XVII-A.1 OF THE act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code, is amended by

adding a subarticle to read:

SUBARTICLE F

FIRST CHANCE TRUST FUND

SECTION 1751-A.1. INTENT.

THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:

(1) AT-RISK YOUTH HAVE ENGAGED IN OR ARE AT RISK OF

ENGAGING IN CONDUCT THAT CAN BE A PRECURSOR TO DROPPING OUT

OF SCHOOL, ENGAGING IN CRIMINAL BEHAVIOR, ACQUIRING A LOW-

PAYING JOB AND BEING UNEMPLOYED.

(2) PROVIDING MORE OR BETTER OPPORTUNITIES FOR AT-RISK

YOUTH AND LEADING THEM AWAY FROM NEGATIVE SOCIAL ACTIVITIES

WILL RESULT IN BETTER OUTCOMES AND HELP PREVENT NEGATIVE

RESULTS.

(3) THIS SUBARTICLE IS INTENDED TO PROVIDE AT-RISK YOUTH

WITH CONSTRUCTIVE OPPORTUNITIES AND OPTIONS.

Section 1751-A.1 1752-A.1 . Definitions.

The following words and phrases when used in this subarticle

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Annual contract amount." The amount of revenue paid to a

contractor in the fiscal year.

"Child." A child under 18 years of age who resides in this

Commonwealth.

"Commission." The Pennsylvania Commission on Crime and

Delinquency.

"Commonwealth agency." An executive agency, an independent

agency or a State-affiliated entity.

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"Department." The Department of Corrections of the

Commonwealth.

"Fund." The First Chance Trust Fund established under

section 1752-A.1 1753-A.1 .

"Program." An evidence-based or outcome-based program for

children who meet the eligibility requirements determined by the

commission, aimed at reducing risk factors and producing

positive outcomes, which may include mentoring, individual

counseling and therapeutic services and family-strengthening

activities.

"Scholarship program." A program which assists students in

obtaining education or other vocational training who meet all of

the following criteria:

(1) The students reside within this Commonwealth and

attend an educational or vocational training institution

located in this Commonwealth.

(2) The students are 24 years of age or younger.

(3) The students meet other eligibility requirements as

determined by the commission in accordance with this

subarticle.

Section 1752-A.1 1753-A.1 . First Chance Trust Fund.

The First Chance Trust Fund is established as a restricted

account in the General Fund.

Section 1753-A.1 1754-A.1 . Use of fund.

(a) Source of revenue.--The fund shall include revenues from

the following:

(1) Contributions from selected contractors of

designated contracts as specified under section 1754-A.1

1755-A.1 .

(2) Grants, gifts, donations and other payments from an

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individual, a person, a business entity, a nonprofit entity

or EXCEPT FOR a government entity.

(3) Money appropriated into the fund.

(b) Appropriation.--Money in the fund is appropriated to the

commission on a continuing basis for purposes set forth under

subsection (c).

from the fund for the following purposes:

(1) Establishing and operating a scholarship program for

students in those regions of this Commonwealth which have

statistically higher high school dropout rates or ,

incarceration rates OR HIGH CRIME RATES as determined by the

commission.

(2) Providing grants to programs that benefit younger

individuals CHILDREN in those regions of this Commonwealth

which have statistically higher high school dropout rates or ,

incarceration rates OR HIGH CRIME RATES as determined by the

commission.

(d) Contributions.--The commission may solicit and accept

gifts, donations, legacies and other revenues for deposit into

the fund from a person or , EXCEPT FOR A government entity.

(e) Operation.--The following apply:

(1) The commission shall adopt a statement of policy for

the maintenance and use of the fund within 60 days of the

effective date of this section. The policy shall be published

as a notice in the Pennsylvania Bulletin, but shall not be

subject to review under any of the following:

(i) Section 205 of the act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth

Documents Law.

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(ii) Sections 204(b) and 301(10) of the act of

October 15, 1980 (P.L.950, No.164), known as the

Commonwealth Attorneys Act.

(iii) The act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act.

(2) No payment shall be made from the fund before the

statement of policy has been published as provided for under

this subsection.

(3) AT A MINIMUM, THE STATEMENT OF POLICY SHALL:

(I) IDENTIFY RISK FACTORS THAT LEAD TO CRIMINAL

BEHAVIOR FOR CHILDREN AND STUDENTS IN REGIONS OF THIS

COMMONWEALTH WHICH HAVE STATISTICALLY HIGHER HIGH SCHOOL

DROPOUT RATES, HIGH INCARCERATION RATES OR ARE IN AREAS

OF HIGH CRIME, WHICH SHALL BE USED BY THE COMMISSION IN

DETERMINING ELIGIBILITY FOR ALLOCATION OF FUNDS.

(II) PROVIDE FOR THE MAINTENANCE AND USE OF THE

FUND.

(4) NO LESS THAN ONCE A YEAR, THE COMMISSION SHALL

REVIEW THE STATEMENT OF POLICY.

(f) Report.--By July 31, 2018, and every year thereafter,

the commission shall submit a report to the chairperson and

minority chairperson of the Appropriations Committee and the

chairperson and minority chairperson of the Judiciary Committee

of the Senate and the chairperson and minority chairperson of

the Appropriations Committee and the chairperson and minority

chairperson of the Judiciary Committee of the House of

Representatives. The report shall specify all of the following:

(1) The fund's revenues and expenditures in the prior

fiscal year.

(2) The number of academic scholarships awarded and the

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name and the county of residence of the recipients of

academic scholarships.

(3) The number of grants awarded and the name and county

of residence of the grantees.

(g) Audit.--The Auditor General shall conduct an audit of

the fund's revenues and expenditures no later than three years

after the effective date of this section. The Auditor General

shall conduct subsequent audits of the fund's revenues and

expenditures no more than once every three years from the date

of the preceding audit. The Auditor General shall submit a

report of each audit to the Governor and the chairperson and

minority chairperson of the Appropriations Committee of the

Senate and the chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives.

Section 1754-A.1 1755-A.1 . Contributions to the fund.

(a) Department procurement.--The following apply:

(1) Within six months of the effective date of this

section, the department shall include a requirement in a

notice for invitations for bids under 62 Pa.C.S. § 512

(relating to competitive sealed bidding), a notice of request

for proposals under 62 Pa.C.S. § 513 (relating to competitive

sealed proposals) and a notice for sole source procurement

under 62 Pa.C.S. § 515 (relating to sole source procurement),

if the contract dollar threshold is expected to exceed

$5,000,000 annually, that the selected contractor contribute

the equivalent value of 1% of the annual contract amount to

the fund no later than June 30 of any fiscal year when the

contract is in effect. The department may withhold the

equivalent of 1% of the annual contract amount and remit the

money to the fund on behalf of the selected contractor in

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order to effectuate the contribution.

(2) Upon prior approval by the Secretary of Corrections,

the department may waive the contribution requirement under

paragraph (1).

(b) Commonwealth agency procurement.--Within six months of

the effective date of this section, a Commonwealth agency may

include a requirement in a notice for invitations for bids under

62 Pa.C.S. § 512, a notice of request for proposals under 62

Pa.C.S. § 513 and a notice for sole source procurement under 62

Pa.C.S. § 515, if the contract dollar threshold is expected to

exceed $5,000,000 annually, that the selected contractor

contribute the equivalent value of 1% of the annual contract

amount to the fund no later than June 30 of any fiscal year when

the contract is in effect. The Commonwealth agency may withhold

payment equivalent of 1% of the annual contract amount and remit

the payment to the fund on behalf of the selected contractor in

order to effectuate the contribution.

be deposited into the fund and shall only be used for the

purposes set forth in section 1753-A.1(c) 1754-A.1(C) .

(d) Deposits.--Within 15 days of the last day of each month,

the commission and the Office of the Budget, in consultation

with the State Treasurer, shall compute the total amount of

revenue from all sources received by the Commonwealth during the

immediately preceding month which shall be deposited into the

fund by the State Treasurer in accordance with this subarticle.

Section 2. This act shall take effect in 30 days.

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