Regular Session 2019-2020 House Bill 1090 P.N. 1261

PRINTER'S NO. 1261

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1090

Session of

2019

INTRODUCED BY ORTITAY, APRIL 8, 2019

REFERRED TO COMMITTEE ON APPROPRIATIONS, APRIL 8, 2019

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 general budget implementation, further

providing for applicability and for definitions and

abbreviations; adding preliminary provisions relating to

appropriation acts and special provisions for Federal funds

and certain miscellaneous provisions relating to

appropriations and appropriation acts; and further providing

for Department of Human Services, for Pennsylvania Higher

Education Assistance Agency, for courts of common pleas and

for community courts and magisterial district judges.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1701-E and 1702-E of the act of April 9,

1929 (P.L.343, No.176), known as The Fiscal Code, are amended to

read:

Section 1701-E. Applicability.

This article applies to appropriations from [every General

Appropriation Act] any appropriation act.

Section 1702-E. Definitions and abbreviations.

(a) Definitions.--The following words and phrases when used

in this article or appropriation act shall have the meanings

given to them in this section unless the context clearly

indicates otherwise:

"Appropriation act." The General Appropriation Act or other

appropriation act.

"Employees." Includes all directors, superintendents, bureau

or division chiefs, assistant directors, assistant

superintendents, assistant chiefs, experts, scientists,

engineers, surveyors, draftsmen, accountants, secretaries,

auditors, inspectors, examiners, analysts, statisticians,

marshals, clerks, stenographers, bookkeepers, messengers and

other assistants in any department, board or commission.

"Expenses" and "maintenance." Includes all printing, binding

and stationery, food and forage, materials and supplies,

traveling expenses, training, motor vehicle supplies and

repairs, freight, express and cartage, postage, telephones and

telegraph rentals and toll charges, newspaper advertising and

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notices, public advertising by or through any medium, fuel,

light, heat, power and water, minor construction and renovation,

repairs or reconstruction of equipment, buildings and

facilities, rent of real estate and equipment, premiums on

workers' compensation, insurance premiums on policies of

liability insurance, insurance premiums on medical payment

insurance and surety bonds for volunteer workers, premiums on

employee group life insurance and employee and retired employee

group hospital and medical insurance, payment of Commonwealth

share of Social Security taxes and unemployment compensation

costs for State employees, the purchase of replacement or

additional equipment and machinery and all other incidental

costs and expenses, including payment to the Department of

General Services of mileage and other charges for the use of

automobiles and rental payments for permanently assigned

automobiles and of expenses or costs of services incurred

through the Purchasing Fund. The term "expenses" also shall

include the medical costs for the treatment of inmates of State

institutions when the inmate must be transferred to an outside

hospital, provided, that in no case shall the State institution

pay more for patient care than that provided under the State

medical assistance program.

"Secretary." The Secretary of the Budget of the

Commonwealth.

(b) Abbreviations.--The following abbreviations when used in

this article or appropriation act shall have the meanings given

to them in this section:

"AIDS." Acquired Immune Deficiency Syndrome.

"ARC." Appalachian Regional Commission.

"ARRA." American Recovery and Reinvestment Act.

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"BG." Block Grant.

"CCDFBG." Child Care and Development Fund Block Grant.

"CHIPRA." Children's Health Insurance Program

Reauthorization Act.

"CSBG." Community Services Block Grant.

"DCSI." Drug Control and Systems Improvement Formula Grant

Program.

"DFSC." Drug Free Schools and Communities Act.

"DOE." Department of Energy.

"EEOC." Equal Employment Opportunity Commission.

"EPA." Environmental Protection Agency.

"ESEA." Elementary and Secondary Education Act.

"ESG." Emergency Solutions Grant.

"FEMA." Federal Emergency Management Agency.

"FTA." Federal Transit Administration.

"HUD." Department of Housing and Urban Development.

"LIHEABG." Low-Income Home Energy Assistance Block Grant.

"LSTA." Library Services and Technology Act.

"MCH." Maternal and Child Health.

"MCHSBG." Maternal and Child Health Services Block Grant.

"MHSBG." Mental Health Services Block Grant.

"MR." Mental Retardation.

"PAFE." Pennsylvania Agricultural Food Exposition.

"PHHSBG." Preventive Health and Health Services Block Grant.

"RSAT." Residential Substance Abuse Treatment.

"SABG." Substance Abuse Block Grant.

"SCDBG." Small Communities Development Block Grant.

"SDA." Service Delivery Area.

"SNAP." Supplemental Nutrition Assistance Project.

"SORNA." Sex Offender Registration and Notification Act.

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"SPBP." Special Pharmaceutical Benefit Program.

"SSBG." Social Services Block Grant.

"TANF." Temporary Assistance for Needy Families.

"TANFBG." Temporary Assistance for Needy Families Block

Grant.

"TB." Tuberculosis.

"TEFAP." Temporary Emergency Food Assistance Program.

"VA." Veterans' Administration.

"WIA." Workforce Investment Act.

"WIC." Women, Infants and Children Program.

Section 2. The act is amended by adding sections to read:

Section 1705-E. State appropriations.

(a) General Fund.--The sums specified in an appropriation

act for the General Fund, or as much thereof as may be

necessary, shall be deemed to have been specifically

appropriated from the General Fund to the several agencies of

the Executive, Legislative and Judicial Departments of the

Commonwealth specified in that appropriation act for the payment

of salaries, wages or other compensation and travel expenses of

the duly elected or appointed officers and employees of the

Commonwealth, for the payment of fees for contractual services

rendered, for the purchase or rental of goods and services,

printing, public advertising by or through any medium,

equipment, land and buildings and for payment of any other

expenses, as provided by law or by this article or that

appropriation act, necessary for the proper conduct of the

duties, functions and activities and for the purposes and the

fiscal year specified in that appropriation act and for the

payment of bills incurred and remaining unpaid at the close of

that fiscal year.

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(b) Special funds and restricted accounts.--The sums

specified in an appropriation act for a special fund or

restricted account, or as much thereof as may be necessary,

shall be deemed to have been specifically appropriated from the

special fund or account to the agencies of the Executive,

Legislative and Judicial Departments of the Commonwealth

specified in that appropriation act for the payment of salaries,

wages or other compensation and travel expenses of the duly

appointed officers and employees of the Commonwealth, for the

payment of fees for contractual services rendered, for the

purchase or rental of goods and services and for payment of any

other expenses, as provided by law or by this article or that

appropriation act, necessary for the proper conduct of the

duties, functions and activities and for the purposes and the

fiscal year specified in that appropriation act and for the

payment of bills incurred and remaining unpaid at the close of

that fiscal year.

Section 1705.1-E. Federal augmentation appropriations.

The Federal augmentation appropriations specified in an

appropriation act, or as much thereof as may be necessary, shall

be deemed to have been appropriated from the Federal

augmentation funds to the agencies of the Executive Department

of the Commonwealth specified in that appropriation act for the

payment of the expenses of implementing and carrying out the

programs stated in and for the fiscal year specified in that

appropriation act, and for the payment of bills incurred and

remaining unpaid at the close of the fiscal year specified in

that appropriation act. Unless otherwise stated, the

appropriations in an appropriation act include any carryovers

from the prior fiscal year.

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Section 1705.2-E. Block grants.

(a) Appropriation.--The sums specified in an appropriation

act, or as much thereof as may be necessary, shall be deemed to

have been appropriated from the block grant (BG) funds to the

agencies of the Executive Department of the Commonwealth

specified in that appropriation act for the purposes and under

the restrictions for which the funds are provided for the fiscal

year specified in that appropriation act.

(b) Small Communities Development Block Grant.--The Small

Communities Development Block Grant (SCDBG) is to assist small

cities and communities that have a high concentration of

impoverished citizens and substandard housing to expand their

low-income and moderate-income housing opportunities and to meet

community development needs.

Block Grant (CSBG) is to provide a range of services and

activities having a measurable and potentially major impact on

the causes of poverty in the community or those areas of the

community where poverty is a particularly acute problem. In

addition, new focus may be placed on the unemployed, both old

and new. Local agencies may lower their eligibility requirements

for recipients to three months to allow greater flexibility to

assure proper consideration of each recipient.

(d) Preventive Health and Health Services Block Grant.--The

Preventive Health and Health Services Block Grant (PHHSBG) is

for the provision of preventive health and other health services

related to emergency medical systems, health initiative grants,

comprehensive public health, hypertension, fluoridation, health

education, risk reduction, home health, rape crisis and domestic

violence services.

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(e) Maternal and Child Health Services Block Grant.--The

Maternal and Child Health Services Block Grant (MCHSBG) is to

enable states to maintain and strengthen their leadership in

planning, promoting, coordinating and evaluating health care for

pregnant women, mothers, infants and children, and children with

special health care needs and in providing health services for

mothers and children who do not have access to adequate health

care.

(f) Low-Income Home Energy Assistance Block Grant.--The Low-

Income Home Energy Assistance Block Grant (LIHEABG) is to help

lessen the impact of the high cost of energy on low-income

families and individuals, including energy efficiency grants for

low-income dwellings. No less than 15% of the LIHEABG funds

received shall be used for weatherization. LIHEABG funds

received pursuant to a Presidential release of contingency funds

shall be exempt from the 15% requirement.

(g) Social Services Block Grant.--The Social Services Block

Grant (SSBG) is for the provision of social services to eligible

persons.

(h) Mental Health Services Block Grant.--The Mental Health

Services Block Grant (MHSBG) provides funds for the provision of

services to adults with serious mental illness or children with

serious emotional disturbance.

(i) Substance Abuse Block Grant.--The Substance Abuse Block

Grant (SABG) provides funds to establish and maintain programs

to combat alcohol and drug abuse.

(j) Child Care and Development Fund Block Grant.--The Child

Care and Development Fund Block Grant (CCDFBG) is for the

provision of direct child care or to increase the quality and

availability of child care for low-income families.

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(k) Temporary Assistance for Needy Families Block Grant.--

The Temporary Assistance for Needy Families Block Grant (TANFBG)

provides funds for the provision of cash grants, child care,

training and support services, child welfare and administration

for eligible families and individuals.

Section 1705.3-E. General Fund repository for Federal funds.

All money received from the Federal Government as

contributions or supplements to the departments or agencies of

the Commonwealth or the programs provided in an appropriation

act shall be paid into the General Fund.

Section 1705.4-E. Limitation on encumbering or spending Federal

funds.

Federal funds shall be encumbered or spent only to the extent

that such funds are estimated as being available during the

fiscal year of the Commonwealth.

Section 1705.5-E. Appropriation of prior unspent Federal funds.

In a given fiscal year specified in an appropriation act, any

Federal money which has been appropriated by the General

Assembly for a prior fiscal year and authorized or allocated by

the Federal Government, but remains unspent from the prior

fiscal year and will not be renewed for the given fiscal year,

is appropriated.

Section 1705.6-E. Subgrants between Federal fund

appropriations.

Subgrants may be made between Federal appropriations without

further approval of the General Assembly. The Secretary of the

Budget shall submit a list of subgrants to the chairman and

minority chairman of the Appropriations Committee of the Senate

and the chairman and minority chairman of the Appropriations

Committee of the House of Representatives quarterly. No subgrant

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to a State agency, however, may be made from a restricted

receipt account without a specific appropriation by the General

Assembly.

Section 1705.7-E. Utilization of emergency Federal funds.

(a) Natural disasters and civil disobedience.--Federal funds

available for costs and damages resulting from natural disasters

or civil disobedience may be added to an appropriation contained

in an appropriation act or to funds appropriated or may be used

for the purposes prescribed by the Federal Government.

(b) Other emergencies.--In addition to the money

appropriated by an appropriation act, all money received from

the Federal Government for the purpose of disaster assistance or

relief, or other money received as a direct result of terrorist

acts, money for homeland security and defense and money for

avian flu/pandemic preparedness shall be paid into the General

Fund and are appropriated out of the General Fund to the

departments, boards, commissions or agencies designated by the

Governor.

situation in which the General Assembly cannot act in sufficient

time, the Governor is authorized through executive authorization

to provide up to $10,000,000 in Federal funds to alleviate the

emergency situation.

(d) Definition.--For the purposes of this section,

"emergency" is defined as any situation in which there is a

chance of or which may result in substantial human suffering.

Section 1705.8-E. (Reserved).

Section 1705.9-E. Prior laws unaffected.

An appropriation act is not intended to be inconsistent with

or to repeal any provision of any act enacted at any session of

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the General Assembly regulating the purchase of supplies, the

ordering of printing and binding, the purchase, maintenance and

use of automobiles, the method of making payments from the State

Treasury for any purpose or the functioning of any

administrative department, board or commission.

Section 1705.10-E. Compliance with other law before funds

available.

No appropriation made by an appropriation act to any

department, board, commission or agency of the Executive

Department shall be available unless and until the department,

board, commission or agency has complied with sections 615 and

616 of the act of April 9, 1929 (P.L.177, No.175), known as The

Administrative Code of 1929.

Section 1705.11-E. Contracts prerequisite to encumbering or

committing funds.

Funds available to agencies, boards, departments, commissions

or other governmental entities under an appropriation act for

the procurement of supplies, services or construction shall not

be available for payment of or to be committed to or encumbered

for payment of any such procurement unless and until the agency,

board, department or other governmental entity has complied with

all of the requirements applicable to the procurement that are

set out in 62 Pa.C.S. (relating to procurement) and in the

policies, procedures and regulations instituted in accordance

with that code.

Section 1705.12-E. Minority business set-asides.

(a) Duty to report.--Each department or other

instrumentality of the Commonwealth in the Executive Department

authorized to contract for buildings, highways, commodities,

equipment, supplies or services shall report to the General

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Assembly all information pertinent to anticipated procurement

needs at the beginning of each fiscal year and each fiscal

quarter thereafter.

(b) Definition.--As used in this section, the term "minority

business" means a minority business enterprise as defined in the

act of July 22, 1974 (P.L.598, No.206), known as the

Pennsylvania Minority Business Development Authority Act.

Section 1705.13-E. Appropriation of funds from miscellaneous

sources.

In addition to the amounts appropriated by an appropriation

act:

(1) Money received in payment for food and household

supplies furnished to employees and other persons, except

inmates, by an institution and money received from the

proceeds from the sale of any products of the soil, meats,

livestock, timber or other materials sold by a department or

agency of the Commonwealth shall be paid into the General

Fund and are appropriated out of the General Fund to the

several respective institutions for the operation and

maintenance of the institutions.

(2) Money received from any other source, except the

Federal Government, as contributions for the programs

provided in that appropriation act or as payment for services

or materials furnished by one institution to another, except

those collections designated as revenues, shall be paid into

the General Fund and are appropriated out of the General Fund

for the purposes of the respective appropriations.

(3) Money received by a department or agency of the

Commonwealth from any other sources, except the Federal

Government, as contributions or supplements to the department

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or agency for a program or administration of an act included

in that appropriation act shall be paid into the General Fund

and credited to the appropriation for that program or

administration of the act.

Section 1705.14-E. Lapsing of unused funds.

Except as otherwise provided by law or in an appropriation

act, that part of all appropriations in an appropriation act

unexpended, uncommitted or unencumbered as of June 30 of the

fiscal year specified in that appropriation act shall

automatically lapse as of that date.

Section 1705.15-E. Transfer of excess funds.

The Governor may transfer any excess money in those funds

receiving proceeds of Commonwealth of Pennsylvania general

obligation bonds in excess of the amount necessary for the

purposes for which the bonds were issued to the appropriate

sinking fund for payment of debt service due on outstanding

bonds. If such excess funds, together with any available

balance, exceed the amount of debt service remaining to be paid,

the funds shall be transferred to the General Fund or to the

appropriate special fund responsible for such debt service.

Section 3. Sections 1729-E(3), 1738-E(a) introductory

paragraph, 1784-E introductory paragraph and 1785-E introductory

paragraph of the act are amended to read:

Section 1729-E. Department of Human Services.

The following shall apply to appropriations for the

Department of Human Services:

* * *

(3) The following shall apply:

(i) If, in any fiscal year, the annual appropriation

for payments to counties under section 704.1(a) of the

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Human Services Code has not been enacted by September 1,

an amount shall be appropriated as of September 1 to the

Department of Human Services for the purpose of making

payments to counties under section 704.1(g)(5) and (g.1)

of the Human Services Code that is equal to the

difference between:

(A) the amount of funds specified as the

aggregate child welfare needs-based budget allocation

by the General Assembly under section 709.3(c.1) of

the Human Services Code in the [general]

appropriation act for the immediately preceding

fiscal year as necessary to fund child welfare

services provided for that fiscal year; and

(B) the amount of funds actually provided for

reimbursement to counties during that fiscal year.

(ii) The department may adjust any payment to a

county under section 704.1(g) of the Human Services Code

based on the amount of funds actually appropriated by the

General Assembly.

(iii) Within five days of executing the authority

granted in this paragraph and weekly thereafter, the

Secretary of the Budget shall inform 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 of the amount of payments made to each

county under this section.

* * *

Section 1738-E. Pennsylvania Higher Education Assistance

Agency.

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(a) Appropriations.--The following shall apply to

appropriations for the Pennsylvania Higher Education Assistance

Agency [from the General Appropriation Act]:

* * *

Section 1784-E. Courts of common pleas.

The following shall apply to appropriations for the courts of

common pleas [in the General Appropriation Act.]:

* * *

Section 1785-E. Community courts and magisterial district

judges.

All of the following shall apply to the appropriation [in

each General Appropriation Act] for salaries and expenses of

community court judges and magisterial district judges:

* * *

Section 4. This act shall take effect July 1, 2019, or

immediately, whichever is later.

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