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PRINTER'S NO. 1993
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1755
Session of
2021
INTRODUCED BY ZIMMERMAN, GREINER, METCALFE, SMITH, FEE, HAMM,
JAMES, MENTZER, RYAN, MOUL, COX, BROOKS, ROWE, JOZWIAK,
WHEELAND AND KEEFER, AUGUST 5, 2021
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
AUGUST 5, 2021
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 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 Treasury
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Department, further providing for funds.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 302 of the act of April 9, 1929 (P.L.343,
No.176), known as The Fiscal Code, is amended to read:
Section 302. Funds.--(a) The moneys paid into the State
Treasury, and the moneys of which the State Treasurer is
custodian, shall be credited by the Treasury Department to the
following funds, as hereinafter provided:
Agricultural College Land Scrip Fund,
Banking [Department] Fund,
Federal Vocational Education Fund,
Fire Insurance Tax Fund,
Fish Fund,
Game Fund,
General Fund,
Liquid Fuels Tax Fund,
Manufacturing Fund,
Motor License Fund,
School Employes' Retirement Fund,
Sinking Fund,
State College Experimental Farm Fund,
State Employes' Retirement Fund,
State Farm Products Show Fund,
State Insurance Fund,
State School Fund,
State [Workmen's] Workers' Insurance Fund,
Surplus Commodities Stamp Fund,
Historical Preservation Fund,
Vocational Rehabilitation Fund,
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Rehabilitation Center Fund.
1. Agricultural College Land Scrip Fund.--The $500,000
derived from the sale of lands and scrip, donated to the
Commonwealth for the establishment of a college for the benefit
of agriculture and the mechanical arts by the act of Congress,
approved July second, one thousand eight hundred sixty-two
(Chapter one hundred thirty, twelve Statutes, five hundred
three), entitled "An act donating public lands to the several
states and territories which may provide colleges for the
benefit of agriculture and the mechanic arts," or the
investments representing the same, shall be credited by the
Treasury Department to the Agricultural College Land Scrip Fund.
2. Banking [Department] Fund.--All moneys received by the
Treasury Department from the Department of Revenue, arising from
fees, assessments, charges, and penalties, collected or
recovered from persons, firms, corporations, or associations,
under the supervision of the Department of Banking and
Securities, and from the sale by the Department of [Property and
Supplies] General Services of unserviceable property originally
paid for out of the Banking [Department] Fund, shall be credited
to the Banking [Department] Fund.
4. Federal Vocational Education Fund.--All moneys received
by the Treasury Department from the Department of Revenue
arising from annual appropriations from the Federal Government
to this Commonwealth for the advancement of vocational
education, shall be credited to the Federal Vocational Education
Fund.
5. Fire Insurance Tax Fund.--All moneys received by the
Treasury Department from the Department of Revenue arising from
the two per centum tax paid upon premiums received by foreign
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fire insurance companies from business done within this
Commonwealth, shall be credited to the Fire Insurance Tax Fund.
6. Fish Fund.--All moneys received by the Treasury
Department from the Department of Revenue arising from license
fees, fines, penalties, and other moneys paid, received,
recovered, and collected, under the fish laws, and from the sale
by the Department of [Property and Supplies] General Services of
unserviceable property originally paid for out of the Fish Fund,
shall be credited to the Fish Fund.
7. Game Fund.--All moneys received by the Treasury
Department from the Department of Revenue arising from license
fees, fines, penalties, and other moneys paid, received,
recovered, and collected, under the game laws, and from the sale
by the Department of [Property and Supplies] General Services of
unserviceable property originally paid for out of the Game Fund,
shall be credited to the Game Fund.
8. General Fund.--All moneys received by the Treasury
Department from the Department of Revenue, or from any other
source, which are not by this act required to be credited to any
other fund, shall be credited to the General Fund.
9. Liquid Fuels Tax Fund.--That portion of the liquid fuels
tax received by the Treasury Department from the Department of
Revenue, which is directed by law to be returned to the
counties, shall be credited to the Liquid Fuels Tax Fund.
10. Manufacturing Fund.--All moneys received by the Treasury
Department from the Department of Revenue arising from the
industries established and maintained by the Department of
[Justice] Corrections in State institutions, and from the
employment of inmates in maintenance activities, and from the
sale by the Department of [Property and Supplies] General
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Services of unserviceable property originally paid for out of
the Manufacturing Fund, shall be credited to the Manufacturing
Fund.
11. Motor License Fund.--All moneys received by the Treasury
Department from the Department of Revenue arising from title
registration and license fees, fines, penalties, bail forfeited,
and other miscellaneous receipts, collected or recovered under
the motor laws; from the collection of any portion of the Liquid
Fuels Tax, not directed by law to be returned to the counties;
from contributions by the Federal Government and political
subdivisions of this Commonwealth for the improvement,
maintenance, and rebuilding of highways within this
Commonwealth; from the sale of highway bulletins and maps; from
the sale by the Department of [Property and Supplies] General
Services of unserviceable State property originally paid for out
of the Motor License Fund; from fees for permits authorizing
work on State or township highways and restoration charges,
license fees for occupancy of bridges, restoration charges and
payments on agreements to which the Commonwealth has succeeded
upon taking over county bridges; from amounts received from
utility companies covering the cost of constructing facilities
over or rentals for the use of bridges; from forfeited checks,
fees for certifying records of the Department of [Highways]
Transportation, amounts recovered for damage to or loss of
equipment of said department, rentals for equipment of said
department, liquidated damages on highway contracts; and from
tolls collected on intrastate toll bridges, acquired by the
Commonwealth, and paid for out of the Motor License Fund,--shall
be credited to the Motor License Fund.
12. School Employes' Retirement Fund.--All moneys in the
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School Employes' Contingent Reserve Fund, the School Employes'
Annuity Reserve Fund, the School Employes' State Annuity Reserve
Fund, and the School Employes; State Annuity Reserve Fund Number
Two, shall, upon the effective date of this act, be consolidated
into one fund, to be known as the School Employes' Retirement
Fund, and thereafter the Treasury Department shall credit to the
School Employes' Retirement Fund all moneys received by it from
the Department of Revenue, arising from (a) payments by the
Commonwealth of such amounts, certified by the School Employes'
Retirement Board as necessary to pay the State annuity to each
new entrant in the School Employes' Retirement System, (b)
deductions from the salaries of contributors in the School
Employes' Retirement System, and (c) payments by the
Commonwealth of amounts necessary to accumulate a reserve to pay
all State annuity payments to present employes when due.
13. Sinking Fund.--All moneys received by the Treasury
Department from the Department of Revenue arising from State
appropriations to meet State road bond sinking fund
requirements, shall be credited to the Sinking Fund. The sum of
one hundred forty-one thousand three hundred twenty dollars and
twenty-six cents ($141,320.26), which is necessary for the
payment of bonds and obligations of the Commonwealth which have
never been presented for redemption, shall continue to be
credited to the Sinking Fund.
14. State College Experimental Farm Fund.--All moneys
derived from the sale of eastern and western experimental farms
of State College, which were originally purchased from Federal
moneys appropriated by the act of Congress, approved July
second, one thousand eight hundred sixty-two (Chapter one
hundred thirty, twelve Statutes, five hundred three), entitled
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"An act donating lands to the several states and territories
which may provide colleges for the benefit of agriculture and
the mechanic arts," or the investments representing the same,
shall be credited to the State College Experimental Farm Fund.
15. State Employes' Retirement Fund.--All moneys in the
State Employes' Contingent Reverse Fund, the State Employes'
Annuity Reserve Fund, the State Employes' Annuity Savings Fund,
the State Employes' State Annuity Reserve Fund, and the State
Employes' State Annuity Reserve Fund Number Two, shall, upon the
effective date of this act, be consolidated into one fund to be
known as the State Employes' Retirement Fund, and thereafter the
Treasury Department shall credit to the State Employes'
Retirement Fund all moneys received by it from the Department of
Revenue, arising from (a) payments by the Commonwealth of such
amounts, certified by the retirement board as necessary to
provide a proper reserve to pay the State annuity to all new
members in the State Employes' Retirement System, (b) deductions
from the salaries of contributors in the State Employes'
Retirement System, and (c) payments by the Commonwealth of
amounts necessary to accumulate a reserve to meet the annuity
values of all retiring original members in the State Employes'
Retirement System.
16. State Farm Products Show Fund.--All moneys received by
the Treasury Department from the Department of Revenue, arising
from the leasing or sub-leasing, by the State Farm Products Show
Commission, of space to exhibitors, including the departments,
boards, and commissions of the State Government, the leasing of
the State Farm Show Building for exhibitions, conventions, or
other proper purposes, admission and entry fees, and any other
moneys received or collected by the Department of Revenue as
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agent for the State Farm Products Show Commission, shall be
credited to the State Farm Products Show Fund.
17. State Insurance Fund.--All moneys appropriated from the
General Fund, or any other fund, to the State Insurance Fund,
shall be credited to the State Insurance Fund.
18. State School Fund.--All moneys received by the Treasury
Department from all real estate owned by this Commonwealth which
is not used for State or other public purposes, from all
escheated estates in this Commonwealth, and from all other
property or money which shall in any way accrue to such fund,
whether by devise, gift, or otherwise, shall be credited to the
State School Fund.
19. State [Workmen's] Workers' Insurance Fund.--All moneys
received by the Treasury Department from the Department of
Revenue arising from the collection of premiums on policies
issued by the State [Workmen's] Workers' Insurance Board, and
from the sale by the Department of [Property and Supplies]
General Services of unserviceable property originally paid for
out of the State [Workmen's] Workers' Insurance Fund, shall be
credited to the State [Workmen's] Workers' Insurance Fund.
21. Surplus Commodities Stamp Fund.--All moneys received by
the Treasury Department from the Department of Revenue arising
from appropriations by the several counties, cities, boroughs,
incorporated towns and townships for participation in the
Federal Surplus Commodities Stamp plans, all receipts and
proceeds resulting from the sale of Federal Surplus Commodities
Stamps, and all moneys received from insurance covering losses
of such stamps or the proceeds from the sale of such stamps
shall be credited to the Surplus Commodities Stamp Fund.
22. Historical Preservation Fund.--All moneys received by
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the Treasury Department from the Department of Revenue arising
from the sale by the Department of [Property and Supplies]
General Services of publications of the Pennsylvania Historical
and Museum Commission, and all moneys received from admission
fees to historical buildings, shall be credited to the
Historical Preservation Fund.
23. Vocational Rehabilitation Fund.--All moneys received by
the Treasury Department from the Department of Revenue, arising
from moneys received from the Federal Government and from moneys
contributed by the Commonwealth of Pennsylvania for vocational
rehabilitation services and from all other moneys received as a
result of vocational rehabilitation services or for the
promotion of vocational rehabilitation services, shall be
credited to the Vocational Rehabilitation Fund.
24. Rehabilitation Center Fund.--All moneys received by the
Treasury Department from the Department of Revenue, arising from
fees for services rendered by the Rehabilitation Center at
Johnstown, or from other income received by the Center, shall be
credited to the Rehabilitation Center Fund.
(b) All moneys in the State Treasury, and in the possession
of the State Treasurer as custodian, upon the effective date of
this act, shall be credited to the funds to which they would be
credited if thereafter received, and the Treasury Department
shall notify the Department of Revenue and the Department of the
Auditor General of the balances in each fund as of such date.
(c) (1) All fees charged and collected by the Department of
Environmental Protection, and all administrative fines and
penalties assessed and collected by the Department of
Environmental Protection for violations and acts subject to the
enforcement authority of the Department of Environmental
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Protection regarding activities of the regulated entity that
require regulatory approval, shall, upon receipt, be immediately
deposited into the General Fund.
(2) A fee, administrative fine or penalty collected under
this section shall only be used for expenditures as authorized
by an act of the General Assembly enacted after the effective
date of this subsection.
(3) As used in this subsection,
"Application" shall mean a submission to a the Department of
Environmental Protection by an applicant for:
(1) A new permit.
(2) A permit renewal.
(3) A permit amendment.
(4) A permit modification.
(5) A permit transfer.
(6) A change of ownership of a permit.
"Fee" shall mean money payable to the Department of
Environmental Protection for the purchase of a good or service,
the issuance of a registration, certification, permit or
license, the performance of an inspection or the filing of any
legal paper, except for money paid for the purchase of surplus
property.
"Permit" shall mean an authorization issued by the Department
of Environmental Protection that approves the performance of an
activity under the Department of Environmental Protection's
jurisdiction. The term includes an authorization permit, a plan
approval and a registration under a general permit.
"Regulated entity" shall mean an individual, person,
organization or corporation that engages in an activity in this
Commonwealth that requires regulatory approval by the Department
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of Environmental Protection.
"Regulatory approval" shall mean the approval, clearance or
other authorization of or recognition by the Department of
Environmental Protection for:
(1) A permit.
(2) An application.
(3) A license.
(4) A certificate, excluding any certificate which is issued
solely for personal use.
(5) The payment of taxes.
Section 2. All acts and parts of acts are repealed insofar
as they are inconsistent with the addition of section 302(c) of
the act.
Section 3. This act shall take effect July 1, 2021.
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