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A05996
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1083
Session of
2019
INTRODUCED BY SANKEY, PEIFER, BERNSTINE, DIAMOND, DUNBAR,
GREINER, HELM, IRVIN, KAUFER, MARSHALL, MILLARD, MOUL, PYLE,
ROTHMAN, RYAN, STAATS AND GILLEN, APRIL 8, 2019
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, MAY 28, 2020
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, for
the Joint Underwriting Association, for entertainment
business financial management firms, for private dam
financial assurance and for reinstatement of item vetoes;
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
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other moneys to the Commonwealth, or any agency thereof,
every State depository and every debtor or creditor of the
Commonwealth," repealing provisions relating to capital stock
and franchise tax reports and payment of tax.
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, FOR THE JOINT
UNDERWRITING ASSOCIATION, FOR ENTERTAINMENT BUSINESS
FINANCIAL MANAGEMENT FIRMS, FOR PRIVATE DAM FINANCIAL
ASSURANCE AND FOR REINSTATEMENT OF ITEM VETOES; 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 BONUS AND TAX REPORTS AND RETURNS AND
REPORTS AND RECORDS RELATING TO TAX COLLECTIONS, REPEALING
PROVISIONS RELATING TO CAPITAL STOCK AND FRANCHISE TAX
REPORTS AND PAYMENT OF TAX; IN FINANCIALLY DISTRESSED
MUNICIPALITIES, PROVIDING FOR EMERGENCY PLAN EXTENSION, IN
OIL AND GAS WELLS, FURTHER PROVIDING FOR OIL AND GAS LEASE
FUND; IN TRANSPORTATION NETWORK COMPANIES, MOTOR CARRIER
COMPANIES AND PARKING AUTHORITY OF A CITY OF THE FIRST CLASS,
FURTHER PROVIDING FOR TRANSPORTATION NETWORK COMPANY
EXTENSION; PROVIDING FOR ASSESSMENTS; IN ADDITIONAL SPECIAL
FUNDS AND RESTRICTED ACCOUNTS, FURTHER PROVIDING FOR
ESTABLISHMENT OF SPECIAL FUND AND ACCOUNT, FOR USE OF FUND
AND FOR DISTRIBUTIONS FROM PENNSYLVANIA RACE HORSE
DEVELOPMENT FUND; IN GENERAL BUDGET IMPLEMENTATION, FURTHER
PROVIDING FOR REPORTS TO GENERAL ASSEMBLY, FOR PENNSYLVANIA
GAMING CONTROL BOARD, FOR DEPARTMENT OF HEALTH, FOR STATE
EMPLOYEES' RETIREMENT SYSTEM, FOR SURCHARGES, FOR MULTIMODAL
TRANSPORTATION FUND AND FOR LIQUOR CODE TERM; PROVIDING FOR
2020-2021 BUDGET IMPLEMENTATION AND FOR 2020-2021
RESTRICTIONS ON APPROPRIATIONS FOR FUNDS AND ACCOUNTS; AND
MAKING RELATED REPEALS.
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The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 707 of the act of April 9, 1929 (P.L.343,
No.176), known as The Fiscal Code, is repealed:
[Section 707. Capital Stock and Franchise Tax Reports and
Payment of Tax.--Except in the case of corporations of the first
class, and cooperative agricultural associations not having
capital stock and not conducted for profit, banks, savings
institutions, title insurance or trust companies, building and
loan associations, and foreign insurance companies, every
corporation, joint-stock association, limited partnership, and
other company, liable to pay to the Commonwealth a capital stock
tax upon the value of all or a part of its capital stock, or a
franchise tax with respect to its capital or property employed
or used in this Commonwealth, shall make, annually, a capital
stock report to the Department of Revenue, on or before the
fifteenth day of April, for the calendar year next preceding.
With such report, shall be filed any statement necessary to
enable the Department of Revenue to determine the amount of any
deduction or exemption to which any such taxpayer is entitled.
Every corporation, joint-stock association, limited partnership,
and other company, at the time of making every report required
by this section, shall compute and pay to the department the
capital stock tax or franchise tax, as the case may be, due to
the Commonwealth upon or with respect to the value of its
capital stock.]
Section 2. This act shall take effect in 60 days.
SECTION 1. THE GENERAL ASSEMBLY FINDS AND DECLARES AS
FOLLOWS:
(1) THE INTENT OF THIS ACT IS TO PROVIDE FOR THE
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IMPLEMENTATION OF THE 2020-2021 COMMONWEALTH BUDGET.
(2) THE CONSTITUTION OF PENNSYLVANIA CONFERS NUMEROUS
EXPRESS DUTIES UPON THE GENERAL ASSEMBLY, INCLUDING THE
PASSAGE OF A BALANCED BUDGET FOR THE COMMONWEALTH.
(3) SECTION 24 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE GENERAL ASSEMBLY TO ADOPT ALL
APPROPRIATIONS FOR THE OPERATION OF GOVERNMENT IN THIS
COMMONWEALTH, REGARDLESS OF THEIR SOURCE. THE SUPREME COURT
HAS REPEATEDLY AFFIRMED THAT "IT IS FUNDAMENTAL WITHIN
PENNSYLVANIA'S TRIPARTITE SYSTEM THAT THE GENERAL ASSEMBLY
ENACTS THE LEGISLATION ESTABLISHING THOSE PROGRAMS WHICH THE
STATE PROVIDES FOR ITS CITIZENS AND APPROPRIATES THE FUNDS
NECESSARY FOR THEIR OPERATION."
(4) PURSUANT TO SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA, THE GENERAL ASSEMBLY IS
EXPLICITLY REQUIRED TO ADOPT A BALANCED COMMONWEALTH BUDGET.
GIVEN THE UNPREDICTABILITY AND POTENTIAL INSUFFICIENCY OF
REVENUE COLLECTIONS, VARIOUS CHANGES IN STATE LAW RELATING TO
SOURCES OF REVENUE, THE COLLECTION OF REVENUE AND THE
IMPLEMENTATION OF STATUTES WHICH IMPACT REVENUE MAY BE
REQUIRED TO DISCHARGE THIS CONSTITUTIONAL OBLIGATION.
(5) SECTION 11 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE ADOPTION OF A GENERAL APPROPRIATION
ACT THAT EMBRACES "NOTHING BUT APPROPRIATIONS." WHILE ACTUAL
ITEMS OF APPROPRIATION CAN BE CONTAINED IN A GENERAL
APPROPRIATION ACT, THE ACHIEVEMENT AND IMPLEMENTATION OF A
COMPREHENSIVE BUDGET INVOLVES MORE THAN SUBJECTS OF
APPROPRIATIONS AND DOLLAR AMOUNTS. ULTIMATELY, THE BUDGET HAS
TO BE BALANCED UNDER SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA. THIS MAY NECESSITATE CHANGES TO
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SOURCES OF FUNDING AND ENACTMENT OF STATUTES TO ACHIEVE FULL
COMPLIANCE WITH THESE CONSTITUTIONAL PROVISIONS.
(6) FOR THE REASONS SET FORTH IN PARAGRAPHS (1), (2),
(3), (4) AND (5), IT IS THE INTENT OF THE GENERAL ASSEMBLY
THROUGH THIS ACT TO PROVIDE FOR THE IMPLEMENTATION OF THE
2020-2021 COMMONWEALTH BUDGET.
(7) EVERY PROVISION OF THIS ACT RELATES TO THE
IMPLEMENTATION OF THE OPERATING BUDGET OF THE COMMONWEALTH
FOR THIS FISCAL YEAR, ADDRESSING IN VARIOUS WAYS THE FISCAL
OPERATIONS, REVENUES AND POTENTIAL LIABILITIES OF THE
COMMONWEALTH. TO THAT END, THIS ACT IS INTENDED TO IMPLEMENT
THE 2020-2021 COMMONWEALTH BUDGET WITHOUT SPECIFICALLY
APPROPRIATING PUBLIC MONEY FROM THE GENERAL FUND. THIS ACT
PROVIDES ACCOUNTABILITY FOR SPENDING AND MAKES TRANSFERS OR
OTHER CHANGES NECESSARY TO IMPACT THE AVAILABILITY OF REVENUE
IN ORDER TO MEET THE REQUIREMENTS OF SECTION 13 OF ARTICLE
VIII OF THE CONSTITUTION OF PENNSYLVANIA AND TO IMPLEMENT THE
ACT OF (P.L. , NO. ), KNOWN AS THE GENERAL
APPROPRIATION ACT OF 2020.
SECTION 2. SECTION 707 OF THE ACT OF APRIL 9, 1929 (P.L.343,
NO.176), KNOWN AS THE FISCAL CODE, IS REPEALED:
[SECTION 707. CAPITAL STOCK AND FRANCHISE TAX REPORTS AND
PAYMENT OF TAX.--EXCEPT IN THE CASE OF CORPORATIONS OF THE FIRST
CLASS, AND COOPERATIVE AGRICULTURAL ASSOCIATIONS NOT HAVING
CAPITAL STOCK AND NOT CONDUCTED FOR PROFIT, BANKS, SAVINGS
INSTITUTIONS, TITLE INSURANCE OR TRUST COMPANIES, BUILDING AND
LOAN ASSOCIATIONS, AND FOREIGN INSURANCE COMPANIES, EVERY
CORPORATION, JOINT-STOCK ASSOCIATION, LIMITED PARTNERSHIP, AND
OTHER COMPANY, LIABLE TO PAY TO THE COMMONWEALTH A CAPITAL STOCK
TAX UPON THE VALUE OF ALL OR A PART OF ITS CAPITAL STOCK, OR A
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FRANCHISE TAX WITH RESPECT TO ITS CAPITAL OR PROPERTY EMPLOYED
OR USED IN THIS COMMONWEALTH, SHALL MAKE, ANNUALLY, A CAPITAL
STOCK REPORT TO THE DEPARTMENT OF REVENUE, ON OR BEFORE THE
FIFTEENTH DAY OF APRIL, FOR THE CALENDAR YEAR NEXT PRECEDING.
WITH SUCH REPORT, SHALL BE FILED ANY STATEMENT NECESSARY TO
ENABLE THE DEPARTMENT OF REVENUE TO DETERMINE THE AMOUNT OF ANY
DEDUCTION OR EXEMPTION TO WHICH ANY SUCH TAXPAYER IS ENTITLED.
EVERY CORPORATION, JOINT-STOCK ASSOCIATION, LIMITED PARTNERSHIP,
AND OTHER COMPANY, AT THE TIME OF MAKING EVERY REPORT REQUIRED
BY THIS SECTION, SHALL COMPUTE AND PAY TO THE DEPARTMENT THE
CAPITAL STOCK TAX OR FRANCHISE TAX, AS THE CASE MAY BE, DUE TO
THE COMMONWEALTH UPON OR WITH RESPECT TO THE VALUE OF ITS
CAPITAL STOCK.]
SECTION 2.1. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1604-D.1. EMERGENCY PLAN EXTENSION.
A MUNICIPALITY OPERATING PURSUANT TO A RECOVERY PLAN UNDER
THE ACT OF JULY 10, 1987 (P.L.246, NO.47), KNOWN AS THE
MUNICIPALITIES FINANCIAL RECOVERY ACT, SHALL BE ELIGIBLE FOR AN
18-MONTH EXTENSION BEYOND THE TIME LIMIT IMPOSED UNDER SECTION
254 OF THE MUNICIPALITIES FINANCIAL RECOVERY ACT.
SECTION 3. SECTIONS 1601.2-E(E) AND 1606-M OF THE ACT,
AMENDED OR ADDED JUNE 28, 2019 (P.L.173, NO.20), ARE AMENDED TO
READ:
SECTION 1601.2-E. OIL AND GAS LEASE FUND.
* * *
(E) ANNUAL TRANSFERS.--THE FOLLOWING APPLY:
(1) (I) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II), FOR
THE 2017-2018 FISCAL YEAR AND EACH FISCAL YEAR
THEREAFTER, $20,000,000 SHALL BE TRANSFERRED FROM THE
FUND TO THE MARCELLUS LEGACY FUND FOR DISTRIBUTION TO THE
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ENVIRONMENTAL STEWARDSHIP FUND.
(II) NO AMOUNT SHALL BE TRANSFERRED FROM THE FUND TO
THE MARCELLUS LEGACY FUND FOR DISTRIBUTION TO THE
ENVIRONMENTAL STEWARDSHIP FUND FOR THE 2019-2020 AND
2020-2021 FISCAL YEAR.
(2) FOR THE 2017-2018 FISCAL YEAR AND EACH FISCAL YEAR
THEREAFTER, $15,000,000 SHALL BE TRANSFERRED FROM THE FUND TO
THE MARCELLUS LEGACY FUND FOR DISTRIBUTION TO THE HAZARDOUS
SITES CLEANUP FUND.
SECTION 1606-M. TRANSPORTATION NETWORK COMPANY EXTENSION.
NOTWITHSTANDING 53 PA.C.S. § 57A22(1) (RELATING TO
ASSESSMENT), THE PROVISIONS OF 53 PA.C.S. § 57A22 SHALL NOT
EXPIRE UNTIL [DECEMBER 31, 2020] DECEMBER 31, 2022.
SECTION 4. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XVI-O
ASSESSMENTS
SECTION 1601-O. MANAGED CARE ORGANIZATION ASSESSMENT.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ASSESSMENT
AUTHORIZED AND IMPLEMENTED UNDER ARTICLE VIII-I OF THE ACT OF
JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES CODE,
SHALL CONTINUE AND REMAIN IN EFFECT UNTIL JUNE 30, 2025.
BEGINNING JULY 1, 2020, THE FIXED FEE REQUIRED UNDER SECTION
803-I(B) OF THE HUMAN SERVICES CODE SHALL BE $24.95 AND REMAIN
IN EFFECT UNTIL JUNE 30, 2025. THE ASSESSMENT, INCLUDING THE
FIXED FEE, SHALL REMAIN SUBJECT TO THE PROVISIONS OF ARTICLE
VIII-I OF THE HUMAN SERVICES CODE.
SECTIONS 5. SECTIONS 1712-A.1(A)(2)(II) AND 1713-A.1(B)(1.7)
OF THE ACT, AMENDED OR ADDED JUNE 28, 2019 (P.L.173, NO.20), ARE
AMENDED TO READ:
SECTION 1712-A.1. ESTABLISHMENT OF SPECIAL FUND AND ACCOUNT.
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(A) TOBACCO SETTLEMENT FUND.--
* * *
(2) THE FOLLOWING SHALL BE DEPOSITED INTO THE TOBACCO
SETTLEMENT FUND:
* * *
(II) FOR [THE] FISCAL YEARS 2019-2020 [FISCAL YEAR]
AND 2020-2021, AN AMOUNT EQUAL TO THE ANNUAL DEBT SERVICE
DUE IN THE [2019-2020] FISCAL YEAR AS CERTIFIED BY THE
SECRETARY OF THE BUDGET PURSUANT TO SECTION 2804 OF THE
TAX REFORM CODE OF 1971, AS PUBLISHED IN THE PENNSYLVANIA
BULLETIN ON MARCH 3, 2018, AT 48 PA.B. 1406, SHALL BE
TRANSFERRED TO THE FUND FROM THE TAXES COLLECTED UNDER
ARTICLE XII OF THE TAX REFORM CODE OF 1971 BY APRIL 30[,
2020.] FOLLOWING THE BEGINNING OF THE FISCAL YEAR. A
DEPOSIT UNDER THIS PARAGRAPH SHALL OCCUR PRIOR TO THE
DEPOSITS AND TRANSFERS UNDER SECTION 1296 OF THE TAX
REFORM CODE OF 1971.
* * *
SECTION 1713-A.1. USE OF FUND.
* * *
(B) APPROPRIATIONS.--THE FOLLOWING SHALL APPLY:
* * *
(1.7) FOR FISCAL [YEAR] YEARS 2019-2020 AND 2020-2021,
THE GENERAL ASSEMBLY APPROPRIATES MONEY IN THE FUND IN
ACCORDANCE WITH THE FOLLOWING PERCENTAGES BASED ON THE SUM OF
THE PORTION OF THE ANNUAL PAYMENT DEPOSITED AND THE AMOUNT
DEPOSITED UNDER SECTION 1712-A.1(A)(2)(II) IN THE FISCAL
YEAR:
(I) FOUR AND FIVE-TENTHS PERCENT FOR TOBACCO USE
PREVENTION AND CESSATION PROGRAMS UNDER CHAPTER 7 OF THE
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TOBACCO SETTLEMENT ACT.
(II) TWELVE AND SIX-TENTHS PERCENT FOR HEALTH AND
RELATED RESEARCH UNDER SECTION 906 OF THE TOBACCO
SETTLEMENT ACT.
(III) ONE PERCENT FOR HEALTH AND RELATED RESEARCH
UNDER SECTION 909 OF THE TOBACCO SETTLEMENT ACT.
(IV) EIGHT AND EIGHTEEN HUNDREDTHS PERCENT FOR THE
UNCOMPENSATED CARE PAYMENT PROGRAM UNDER CHAPTER 11 OF
THE TOBACCO SETTLEMENT ACT.
(V) THIRTY PERCENT FOR THE PURCHASE OF MEDICAID
BENEFITS FOR WORKERS WITH DISABILITIES UNDER CHAPTER 15
OF THE TOBACCO SETTLEMENT ACT.
(VI) FORTY-THREE AND SEVENTY-TWO HUNDREDTHS PERCENT
SHALL REMAIN IN THE FUND TO BE SEPARATELY APPROPRIATED
FOR HEALTH-RELATED PURPOSES.
* * *
SECTION 6. SECTION 1723-A.1(2) AND (3) OF THE ACT, AMENDED
JUNE 28, 2019 (P.L.173, NO.20), ARE AMENDED TO READ:
SECTION 1723-A.1. DISTRIBUTIONS FROM PENNSYLVANIA RACE HORSE
DEVELOPMENT FUND.
FUNDS IN THE FUND ARE APPROPRIATED TO THE DEPARTMENT ON A
CONTINUING BASIS FOR THE PURPOSES SET FORTH IN THIS SUBSECTION
AND SHALL BE DISTRIBUTED TO EACH ACTIVE AND OPERATING CATEGORY 1
LICENSEE CONDUCTING LIVE RACING AS FOLLOWS:
* * *
(2) DISTRIBUTIONS FROM THE FUND SHALL BE ALLOCATED AS
FOLLOWS:
(I) FOR FISCAL YEARS 2013-2014 AND 2014-2015, EACH
WEEK, $802,682 IN THE FUND SHALL BE TRANSFERRED TO THE
ACCOUNT. THIS TRANSFER SHALL NOT EXCEED $17,659,000
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ANNUALLY.
(I.1) IN ADDITION TO THE TRANSFER UNDER SUBPARAGRAPH
(I), FOR A TOTAL OF 14 WEEKS FROM THE EFFECTIVE DATE OF
THIS SUBPARAGRAPH, EACH WEEK, $300,000 SHALL BE
TRANSFERRED FROM THE FUND, FOR A TOTAL AMOUNT OF
$4,200,000, TO THE STATE RACING FUND TO BE USED
EXCLUSIVELY FOR THE ENFORCEMENT OF THE ACT OF DECEMBER
17, 1981 (P.L.435, NO.135), KNOWN AS THE RACE HORSE
INDUSTRY REFORM ACT. MONEYS TRANSFERRED PURSUANT TO THIS
SUBPARAGRAPH SHALL NOT BE TRANSFERRED SUBSEQUENTLY TO ANY
OTHER STATE FUND OR ACCOUNT FOR ANY PURPOSE.
(I.2) FOR FISCAL YEAR 2015-2016, BEGINNING ON THE
EFFECTIVE DATE OF THIS SUBPARAGRAPH, THE SUM OF
$25,759,000 IN THE FUND SHALL BE TRANSFERRED TO THE
ACCOUNT IN EQUAL WEEKLY AMOUNTS SUFFICIENT TO COMPLETE
THE TRANSFER BY JUNE 30, 2016.
(I.3) FOR FISCAL YEAR 2016-2017, THE SUM OF
$19,659,000 IN THE FUND SHALL BE TRANSFERRED TO THE
ACCOUNT IN 22 EQUAL WEEKLY AMOUNTS BEGINNING ON THE
EFFECTIVE DATE OF THIS SUBPARAGRAPH.
(I.4) FOR FISCAL YEAR 2017-2018, THE SUM OF
$19,659,000 IN THE FUND SHALL BE TRANSFERRED TO THE
ACCOUNT IN 22 EQUAL WEEKLY AMOUNTS BEGINNING ON THE
EFFECTIVE DATE OF THIS SUBPARAGRAPH.
(I.5) FOR FISCAL YEAR 2018-2019, THE SUM OF
$19,659,000 IN THE FUND SHALL BE TRANSFERRED TO THE
ACCOUNT IN 22 EQUAL WEEKLY AMOUNTS BEGINNING ON THE
EFFECTIVE DATE OF THIS SUBPARAGRAPH.
(I.6) FOR FISCAL YEAR 2019-2020, THE SUM OF
$19,659,000 IN THE FUND SHALL BE TRANSFERRED TO THE
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ACCOUNT IN 22 EQUAL WEEKLY AMOUNTS BEGINNING ON THE
EFFECTIVE DATE OF THIS SUBPARAGRAPH.
(I.7) FOR FISCAL YEAR 2020-2021, THE SUM OF
$19,659,000 IN THE FUND SHALL BE TRANSFERRED TO THE
ACCOUNT IN 22 WEEKLY AMOUNTS BEGINNING ON SEPTEMBER 1,
2020.
(II) EACH WEEK, THE MONEY REMAINING IN THE FUND
AFTER ANY TRANSFER UNDER SUBPARAGRAPHS (I), (I.1), (I.2),
(I.3), (I.4), (I.5) [AND], (I.6) AND (I.7) SHALL BE
DISTRIBUTED TO EACH ACTIVE AND OPERATING CATEGORY 1
LICENSEE CONDUCTING LIVE RACING IN ACCORDANCE WITH THE
FOLLOWING FORMULA:
(A) DIVIDE:
(I) THE TOTAL DAILY ASSESSMENTS PAID, BY
EACH ACTIVE AND OPERATING CATEGORY 1 LICENSEE
CONDUCTING LIVE RACING, INTO THE FUND FOR THAT
WEEK; BY
(II) THE TOTAL DAILY ASSESSMENTS PAID, BY
ALL ACTIVE AND OPERATING CATEGORY 1 LICENSEES
CONDUCTING LIVE RACING, INTO THE FUND FOR THAT
WEEK.
(B) MULTIPLY THE QUOTIENT UNDER CLAUSE (A) BY
THE AMOUNT TO BE DISTRIBUTED UNDER THIS SUBPARAGRAPH.
(III) THE DISTRIBUTION UNDER SUBPARAGRAPH (II) SHALL
BE ALLOCATED AS FOLLOWS:
(A) THE GREATER OF 4% OF THE AMOUNT TO BE
DISTRIBUTED UNDER SUBPARAGRAPH (II) OR $220,000 SHALL
BE USED TO FUND HEALTH AND PENSION BENEFITS FOR THE
MEMBERS OF THE HORSEMEN'S ORGANIZATIONS REPRESENTING
THE OWNERS AND TRAINERS AT THE RACETRACK AT WHICH THE
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LICENSED RACING ENTITY OPERATES FOR THE BENEFIT OF
THE ORGANIZATION'S MEMBERS, THEIR FAMILIES, EMPLOYEES
AND OTHERS IN ACCORDANCE WITH THE RULES AND
ELIGIBILITY REQUIREMENTS OF THE ORGANIZATION, AS
APPROVED BY THE COMMISSION. THIS AMOUNT SHALL BE
DEPOSITED WITHIN FIVE BUSINESS DAYS OF THE END OF
EACH WEEK INTO A SEPARATE ACCOUNT TO BE ESTABLISHED
BY EACH RESPECTIVE HORSEMEN'S ORGANIZATION AT A
BANKING INSTITUTION OF ITS CHOICE. OF THIS AMOUNT, A
MINIMUM OF $250,000 SHALL BE PAID ANNUALLY BY THE
HORSEMEN'S ORGANIZATION TO THE THOROUGHBRED JOCKEYS
OR STANDARDBRED DRIVERS ORGANIZATION AT THE RACETRACK
AT WHICH THE LICENSED RACING ENTITY OPERATES FOR
HEALTH INSURANCE, LIFE INSURANCE OR OTHER BENEFITS TO
ACTIVE AND DISABLED THOROUGHBRED JOCKEYS OR
STANDARDBRED DRIVERS IN ACCORDANCE WITH THE RULES AND
ELIGIBILITY REQUIREMENTS OF THAT ORGANIZATION. THE
TOTAL DISTRIBUTION UNDER THIS CLAUSE IN ANY FISCAL
YEAR SHALL NOT EXCEED $11,400,000.
(B) OF THE MONEY REMAINING TO BE DISTRIBUTED
UNDER SUBPARAGRAPH (II) AFTER APPLICATION OF CLAUSE
(A), THE FOLLOWING DISBURSEMENTS SHALL BE MADE:
(I) EIGHTY-THREE AND ONE-THIRD PERCENT OF
THE MONEY TO BE DISTRIBUTED UNDER THIS CLAUSE
SHALL BE DEPOSITED ON A WEEKLY BASIS INTO A
SEPARATE, INTEREST-BEARING PURSE ACCOUNT TO BE
ESTABLISHED BY AND FOR THE BENEFIT OF THE
HORSEMEN. THE EARNED INTEREST ON THE ACCOUNT
SHALL BE CREDITED TO THE PURSE ACCOUNT. LICENSEES
SHALL COMBINE THESE FUNDS WITH REVENUES FROM
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EXISTING PURSE AGREEMENTS TO FUND PURSES FOR LIVE
RACES CONSISTENT WITH THOSE AGREEMENTS WITH THE
ADVICE AND CONSENT OF THE HORSEMEN.
(II) FOR THOROUGHBRED TRACKS, 16 AND 2/3% OF
THE MONEY TO BE DISTRIBUTED UNDER THIS CLAUSE
SHALL BE DEPOSITED ON A WEEKLY BASIS INTO THE
PENNSYLVANIA BREEDING FUND. FOR STANDARDBRED
TRACKS, 8 AND 1/3% OF THE MONEY TO BE DISTRIBUTED
UNDER THIS CLAUSE SHALL BE DEPOSITED ON A WEEKLY
BASIS INTO THE PENNSYLVANIA SIRE STAKES FUND; AND
8 AND 1/3% OF THE MONEY TO BE DISTRIBUTED UNDER
THIS CLAUSE SHALL BE DEPOSITED ON A WEEKLY BASIS
INTO A RESTRICTED ACCOUNT IN THE STATE RACING
FUND TO BE KNOWN AS THE PENNSYLVANIA STANDARDBRED
BREEDERS DEVELOPMENT FUND. THE COMMISSION SHALL,
IN CONSULTATION WITH THE SECRETARY OF
AGRICULTURE, PROMULGATE REGULATIONS ADOPTING A
STANDARDBRED BREEDERS PROGRAM THAT WILL INCLUDE
THE ADMINISTRATION OF THE PENNSYLVANIA STALLION
AWARD, THE PENNSYLVANIA BRED AWARD AND THE
PENNSYLVANIA SIRED AND BRED AWARD.
(3) THE FOLLOWING SHALL APPLY:
(I) FOR FISCAL YEAR 2016-2017, THE DEPARTMENT SHALL
TRANSFER $8,555,255 FROM THE FUND TO THE STATE RACING
FUND PURSUANT TO SECTION 2874-D OF THE ADMINISTRATIVE
CODE OF 1929.
(II) FOR FISCAL YEAR 2017-2018, THE DEPARTMENT SHALL
TRANSFER $10,066,000 FROM THE FUND TO THE STATE RACING
FUND PURSUANT TO 3 PA.C.S. § 9374 (RELATING TO COSTS OF
ENFORCEMENT OF MEDICATION RULES OR REGULATIONS).
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(III) FOR FISCAL YEAR 2018-2019, THE DEPARTMENT
SHALL TRANSFER $10,066,000 FROM THE FUND TO THE STATE
RACING FUND PURSUANT TO 3 PA.C.S. § 9374.
(IV) FOR FISCAL YEAR 2019-2020, THE DEPARTMENT SHALL
TRANSFER $10,066,000 FROM THE FUND TO THE STATE RACING
FUND PURSUANT TO 3 PA.C.S. § 9374.
(V) FOR FISCAL YEAR 2020-2021, THE DEPARTMENT SHALL
TRANSFER $10,066,000 FROM THE FUND TO THE STATE RACING
FUND PURSUANT TO 3 PA.C.S. § 9374(A). 3 PA.C.S. § 9374(A)
SHALL EXPIRE JUNE 30, 2022.
SECTION 7. SECTIONS 1706-E AND 1724.1-E OF THE ACT ARE
AMENDED BY ADDING SUBSECTIONS TO READ:
Section 7. Section 1724.1-E of the act is amended by adding
subsections to read:
SECTION 1706-E. REPORTS TO GENERAL ASSEMBLY.
* * *
(D) STATE OF EMERGENCY.--THE GENERAL ASSEMBLY OR A LOCAL
GOVERNMENTAL BODY OR AGENCY MAY NOT ENACT OR ENFORCE A LAW,
RULE, REGULATION OR ORDINANCE IMPOSING A TAX ON OR RELATING TO
THE USE, DISPOSITION, SALE, PROHIBITION OR RESTRICTION OF
SINGLE-USE PLASTICS, AUXILIARY CONTAINERS, WRAPPINGS OR
POLYSTYRENE CONTAINERS, UNTIL JULY 1, 2021, OR SIX MONTHS AFTER
THE ORDER ISSUED BY THE GOVERNOR ON MARCH 6, 2020, PUBLISHED AT
50 PA.B. 1644 (MARCH 21, 2020), AND ANY RENEWAL OF THE STATE OF
DISASTER EMERGENCY, WHICHEVER IS LATER.
SECTION 1724.1-E. PENNSYLVANIA GAMING CONTROL BOARD.
* * *
(C.1) SPORTS WAGERING CERTIFICATE HOLDERS.--THE FOLLOWING
APPLY:
(1) IN ADDITION TO THE LOCATIONS PROVIDED UNDER 4
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PA.C.S. §§ 13C11 (RELATING TO AUTHORIZATION TO CONDUCT SPORTS
WAGERING) AND 13C21 (RELATING TO AUTHORIZED LOCATIONS FOR
OPERATION), A CATEGORY 1, CATEGORY 2 OR CATEGORY 3 SLOT
MACHINE LICENSEE THAT HOLDS A SPORTS WAGERING CERTIFICATE AND
IS AN AFFILIATE OF A CATEGORY 4 SLOT MACHINE LICENSEE MAY
CONDUCT SPORTS WAGERING AT A CATEGORY 4 LICENSED FACILITY
UNDER THE CATEGORY 1, CATEGORY 2 OR CATEGORY 3 SLOT MACHINE
LICENSEE'S SPORTS WAGERING CERTIFICATE.
(2) FOR PURPOSES OF THIS SUBSECTION, THE TERM
"AFFILIATE" SHALL HAVE THE SAME MEANING AS UNDER 4 PA.C.S. §
1103.
* * *
(E) CATEGORY 4 SLOT MACHINE LICENSE AUCTION.--
NOTWITHSTANDING 4 PA.C.S. PT. II OR ANY OTHER PROVISION OF LAW
TO THE CONTRARY, THE FOLLOWING SHALL APPLY:
(1) WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS
SUBSECTION, THE BOARD SHALL CONDUCT AN AUCTION PURSUANT TO 4
PA.C.S. § 1305.2(C)(12) OF ANY CATEGORY 4 SLOT MACHINE
LICENSE FOR WHICH THE BOARD HAS DENIED THE APPLICATION FILED
BY THE WINNING BIDDER OF AN INITIAL AUCTION, SUBJECT TO THE
LIMITATIONS UNDER PARAGRAPHS (2), (3) AND (4).
(2) IN CONDUCTING THE AUCTION UNDER THIS SUBSECTION, THE
FOLLOWING SHALL APPLY:
(I) THE BOARD SHALL CONDUCT THE AUCTION ACCORDING TO
THE PROCEDURES UNDER 4 PA.C.S. § 1305.2(C).
(II) THE BOARD SHALL SET THE DATE, TIME AND LOCATION
OF THE AUCTION AT LEAST TWO WEEKS PRIOR TO THE AUCTION
AND MAKE AUCTION INFORMATION AVAILABLE ON THE BOARD'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(III) IF THE AUCTION FAILS TO GENERATE A BID,
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FURTHER AUCTIONS MAY NOT BE CONDUCTED.
(IV) ELIGIBLE BIDDERS MUST BE ONE OF THE FOLLOWING:
(A) A SLOT MACHINE LICENSEE AS DEFINED UNDER 4
PA.C.S. § 1103 THAT SATISFIES THE FOLLOWING:
(I) THE SLOT MACHINE LICENSEE'S LICENSE AND
TABLE GAMES OPERATION CERTIFICATE ARE IN GOOD
STANDING WITH THE BOARD; AND
(II) THE SLOT MACHINE LICENSEE AGREES TO
LOCATE A CATEGORY 4 LICENSED FACILITY AS PROVIDED
UNDER 4 PA.C.S. § 1305.1(B)(1), (3), (4), (5),
(6) AND (7).
(B) A PERSON WITH AN OWNERSHIP INTEREST IN A
SLOT MACHINE LICENSEE AS DEFINED UNDER 4 PA.C.S. §
1103 THAT SATISFIES THE FOLLOWING:
(I) THE PERSON HOLDS A LICENSE IN GOOD
STANDING ISSUED BY THE BOARD;
(II) THE PERSON SATISFIES THE REQUIREMENTS
OF 4 PA.C.S. PART II AND ANY CRITERIA ESTABLISHED
BY THE BOARD FOR LICENSURE, INCLUDING, BUT NOT
LIMITED TO, FINANCIAL AND CHARACTER SUITABILITY
REQUIREMENTS, AND HAS BEEN APPROVED BY THE BOARD;
AND
(III) THE PERSON AGREES TO LOCATE A CATEGORY
4 LICENSED FACILITY AS PROVIDED UNDER 4 PA.C.S. §
1305.1(B)(1), (3), (4), (5), (6) AND (7).
(3) A WINNING BIDDER'S CATEGORY 4 LOCATION MAY NOT BE
LOCATED WITHIN 40 LINEAR MILES OF A LICENSED FACILITY, AS
DEFINED UNDER 4 PA.C.S. § 1103, OR A PROPOSED CATEGORY 4
LICENSED FACILITY.
(4) A WINNING BIDDER THAT IS NOT AN EXISTING SLOT
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MACHINE LICENSEE SHALL FOLLOW THE PROCEDURES SET FORTH UNDER
4 PA.C.S. § 1305.1(D)(3)(III) BY FILING A PETITION WITH THE
BOARD TO OPERATE SLOT MACHINES AND PAYING THE AUTHORIZATION
FEE PER AUTHORIZED SLOT MACHINE.
SECTION 8. SECTIONS 1725-E(A) AND (B) AND 1748-E OF THE ACT
ARE AMENDED TO READ:
SECTION 1725-E. DEPARTMENT OF HEALTH.
(A) ISSUANCE OF CERTIFICATES OF DEATH.--FOR THE ISSUANCE OF
CERTIFICATES OF DEATH BY A LOCAL REGISTRAR UNDER SECTION 609-
A(A)(6)(II) OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN
AS THE ADMINISTRATIVE CODE OF 1929, THE FOLLOWING SHALL APPLY:
(1) A LOCAL REGISTRAR SHALL ISSUE CERTIFICATES OF DEATH
FROM ORIGINAL CERTIFICATES OF DEATH IN ITS POSSESSION UPON
COMPLETION OF A PERIOD OF INSTRUCTION ON THE PREPARATION OF
CERTIFICATES BY REPRESENTATIVES OF THE DIVISION OF VITAL
RECORDS.
(2) EACH FEE RECEIVED BY THE LOCAL REGISTRAR UNDER
SECTION 609-A(A)(6)(II) OF THE ADMINISTRATIVE CODE OF 1929
SHALL BE DISTRIBUTED, RETAINED OR TRANSMITTED TO THE
DEPARTMENT OF HEALTH AS FOLLOWS:
(I) THE FOLLOWING APPLY:
(A) EXCEPT AS PROVIDED UNDER CLAUSE (B), $3
SHALL BE RETAINED BY THE LOCAL REGISTRAR.
(B) IF THE LIMITATION UNDER [SECTION 304(C)(1)
OF THE ACT OF JUNE 29, 1953 (P.L.304, NO.66), KNOWN
AS THE VITAL STATISTICS LAW OF 1953,] PARAGRAPH (3)
HAS BEEN REACHED, $3 SHALL BE TRANSMITTED TO THE
DEPARTMENT OF HEALTH FOR DEPOSIT IN THE GENERAL FUND.
(II) SIXTEEN DOLLARS SHALL BE TRANSMITTED TO THE
DEPARTMENT OF HEALTH FOR DEPOSIT IN THE VITAL STATISTICS
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IMPROVEMENT ACCOUNT.
(III) ONE DOLLAR SHALL BE TRANSMITTED TO THE
DEPARTMENT OF HEALTH FOR DISTRIBUTION TO THE COUNTY
CORONER OR MEDICAL EXAMINER AS PROVIDED FOR UNDER SECTION
206 OF THE ACT OF JUNE 29, 1953 (P.L.304, NO.66), KNOWN
AS THE VITAL STATISTICS LAW OF 1953.
(3) THE FOLLOWING SHALL APPLY:
(I) NOTWITHSTANDING SECTION 304(C)(1) OF THE VITAL
STATISTICS LAW OF 1953, A LOCAL REGISTRAR MAY NOT BE
COMPENSATED IN EXCESS OF $85,000 IN ANY ONE CALENDAR
YEAR.
(II) FEES RECEIVED FROM CERTIFICATES OF DEATH ISSUED
AFTER MARCH 6, 2020, AND DURING THE DURATION OF THE
PROCLAMATION OF DISASTER EMERGENCY ISSUED BY THE GOVERNOR
ON MARCH 6, 2020, PUBLISHED AT 50 PA.B. 1644 (MARCH 21,
2020), AND ANY RENEWAL OF THE STATE OF DISASTER
EMERGENCY, SHALL NOT APPLY TO THE LIMITATION ON
COMPENSATION UNDER SUBPARAGRAPH (I).
(B) [(RESERVED).] IF A PERSON HOLDS A PERMIT TO OPERATE AS A
MEDICAL MARIJUANA GROWER/PROCESSOR UNDER THE ACT OF APRIL 17,
2016 (P.L.84, NO.16), KNOWN AS THE MEDICAL MARIJUANA ACT, AND
THE PERMIT IS SURRENDERED, REVOKED OR OTHERWISE FORFEITED
BECAUSE THE PERMITTEE MISREPRESENTED INFORMATION ON ITS INITIAL
OR RENEWAL PERMIT APPLICATION, THE DEPARTMENT OF HEALTH SHALL
ISSUE THE GROWER/PROCESSOR PERMIT TO THE NEXT MOST QUALIFIED
APPLICANT IN THE SAME REGION ACCORDING TO THE DEPARTMENT'S
RANKING AND SCORING IN THE APPLICATION PHASE DURING WHICH THE
INITIAL PERMIT WAS ISSUED. THIS PROVISION DOES NOT APPLY TO
PERMITS ISSUED UNDER SECTION 2002 OF THE MEDICAL MARIJUANA ACT.
SECTION 1748-E. STATE EMPLOYEES' RETIREMENT SYSTEM
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[(RESERVED)].
(A) PER-PARTICIPANT CHARGE.--IN ADDITION TO THE STATE
EMPLOYEES' RETIREMENT BOARD'S AUTHORITY TO ALLOCATE
PROPORTIONATELY THE ADMINISTRATIVE FEES, COSTS AND EXPENSES OF
THE STATE EMPLOYEES' DEFINED CONTRIBUTION PLAN CHARGED AGAINST
PARTICIPANTS' INDIVIDUAL INVESTMENT ACCOUNTS UNDER 71 PA.C.S. §
5812(2) (RELATING TO POWERS AND DUTIES OF BOARD), THE STATE
EMPLOYEES' RETIREMENT BOARD MAY ASSESS, AND EACH EMPLOYER SHALL
PAY IN THE FORM, MANNER, TIME, AND AMOUNT AS THE STATE
EMPLOYEES' RETIREMENT BOARD SHALL DETERMINE, AN ANNUAL PER-
PARTICIPANT CHARGE FOR THE PAYMENT OF ADMINISTRATIVE FEES, COSTS
AND EXPENSES OF MANAGING, INVESTING AND ADMINISTERING THE STATE
EMPLOYEES' DEFINED CONTRIBUTION PLAN, THE STATE EMPLOYEES'
DEFINED CONTRIBUTION TRUST AND THE PARTICIPANTS' INDIVIDUAL
INVESTMENT ACCOUNTS.
(B) (RESERVED).
SECTION 9. SECTIONS 1795.1-E AND 1798.3-E(C) AND (D) OF THE
ACT, AMENDED JUNE 28, 2019 (P.L.173, NO.20), ARE AMENDED TO
READ:
SECTION 1795.1-E. SURCHARGES.
(A) LEGISLATIVE FINDING.--DUE TO REDUCTIONS IN REVENUE
AVAILABLE TO THE COMMONWEALTH, IT IS NECESSARY TO INCREASE
CERTAIN FEES OR SURCHARGES TO ADEQUATELY FUND THE UNIFIED
JUDICIAL SYSTEM.
(B) IMPOSITION.--
(1) IN ADDITION TO THE [FEE UNDER SECTION 2802-E(A)(1)
OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
ADMINISTRATIVE CODE OF 1929] SURCHARGE UNDER SUBSECTION (C),
AN ADDITIONAL SURCHARGE OF $10 SHALL BE CHARGED AND COLLECTED
BY A DIVISION OF THE UNIFIED JUDICIAL SYSTEM. THE PROVISIONS
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OF [SECTION 2802-E(B) OF THE ADMINISTRATIVE CODE OF 1929]
SUBSECTION (C)(2) SHALL NOT APPLY TO THIS [SUBSECTION]
PARAGRAPH. THIS PARAGRAPH SHALL EXPIRE DECEMBER 31, [2020]
2021.
(2) IN ADDITION TO THE [FEE] FEES UNDER SUBSECTION (C)
AND 42 PA.C.S. § 3733(A.1)(1) AND (2)(III) (RELATING TO
DEPOSITS INTO ACCOUNT), AN ADDITIONAL SURCHARGE OF $2 SHALL
BE CHARGED AND COLLECTED BY A DIVISION OF THE UNIFIED
JUDICIAL SYSTEM AND DEPOSITED INTO THE ACCESS TO JUSTICE
ACCOUNT UNDER 42 PA.C.S. § 4904 (RELATING TO ESTABLISHMENT OF
ACCESS TO JUSTICE ACCOUNT).
(C) OTHER SURCHARGE AND FEES.--
(1) IN ADDITION TO THE FEES IMPOSED UNDER 42 PA.C.S. §§
3733(A.1) AND 3733.1 (RELATING TO SURCHARGE), EXCEPT AS SET
FORTH IN PARAGRAPH (2), THE FOLLOWING APPLY:
(I) A SURCHARGE OF $11.25 SHALL BE CHARGED AND
COLLECTED. THIS SUBPARAGRAPH SHALL EXPIRE DECEMBER 31,
2021.
(II) A PERMANENT FEE OF $2.50 SHALL BE CHARGED AND
COLLECTED.
(III) AN ADDITIONAL PERMANENT FEE OF $2.50 SHALL BE
CHARGED AND COLLECTED.
(2) PARAGRAPH (1) DOES NOT APPLY TO A CONVICTION OR
GUILTY PLEA BASED ON THE FILING OF A TRAFFIC CITATION
CHARGING AN OFFENSE UNDER 75 PA.C.S. (RELATING TO VEHICLES)
THAT IS CLASSIFIED AS A SUMMARY OFFENSE UNDER A STATE STATUTE
OR LOCAL ORDINANCE AS PROVIDED IN THE PENNSYLVANIA RULES OF
CRIMINAL PROCEDURE.
(3) THE FOLLOWING APPLY:
(I) THE SEPARATE RESERVE ACCOUNT WITHIN THE JUDICIAL
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COMPUTER SYSTEM AUGMENTATION ACCOUNT ESTABLISHED UNDER 42
PA.C.S. § 3733.1(C)(1) IS CONTINUED, AND THE SURCHARGE
UNDER PARAGRAPH (1)(I) SHALL BE DEPOSITED INTO THE
SEPARATE RESERVE ACCOUNT. NOTWITHSTANDING 42 PA.C.S. §
3732 (RELATING TO UTILIZATION OF FUNDS IN ACCOUNT), MONEY
DEPOSITED UNDER THIS PARAGRAPH IS APPROPRIATED TO THE
SUPREME COURT, UPON COMPLIANCE WITH ARTICLE XV, FOR THE
OPERATION OF THE JUDICIAL DEPARTMENT.
(II) THE FEE UNDER PARAGRAPH (1)(II) SHALL BE
DEPOSITED INTO THE CRIMINAL JUSTICE ENHANCEMENT ACCOUNT.
(III) THE FEE UNDER PARAGRAPH (1)(III) SHALL BE
DEPOSITED IN A RESTRICTED ACCOUNT ESTABLISHED IN THE
GENERAL FUND. MONEY IN THE RESTRICTED ACCOUNT IS
APPROPRIATED TO THE OFFICE OF ATTORNEY GENERAL ON A
CONTINUING BASIS TO SUPPLEMENT GENERAL GOVERNMENT
OPERATIONS.
SECTION 1798.3-E. MULTIMODAL TRANSPORTATION FUND.
* * *
(C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"MUNICIPALITY." A COUNTY, CITY, BOROUGH, INCORPORATED TOWN
[OR], TOWNSHIP OR LOCAL, REGIONAL OR METROPOLITAN TRANSPORTATION
AUTHORITY.
"PORT AUTHORITY." A PORT AUTHORITY AS ESTABLISHED UNDER THE
ACT OF JULY 10, 1989 (P.L.291, NO.50), KNOWN AS THE PHILADELPHIA
REGIONAL PORT AUTHORITY ACT.
(D) EXPIRATION.--THIS SECTION SHALL EXPIRE DECEMBER 31,
[2020] 2021.
SECTION 10. SECTION 1799.4-E OF THE ACT IS AMENDED TO READ:
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SECTION 1799.4-E. LIQUOR CODE [TERM] TERMS.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY[, THE
TERM "BEST SELLING ITEMS"] THE FOLLOWING TERMS WHEN USED IN THE
ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE,
SHALL HAVE THE FOLLOWING MEANINGS:
(1) "BEST SELLING ITEMS" SHALL MEAN THE 150 MOST SOLD
BRANDS AND PRODUCT TYPES OF WINE AND THE 150 MOST SOLD BRANDS
AND PRODUCT TYPES OF LIQUOR AS MEASURED BY THE TOTAL NUMBER
OF UNITS SOLD ON A SIX-MONTH BASIS CALCULATED EVERY JANUARY 1
AND JULY 1.
(2) "COMMERCIAL AND MIXED-USE OVERLAY PROJECT" SHALL
INCLUDE AN EXISTING OR PROPOSED HOTEL WITH AT LEAST NINETY
ROOMS.
SECTION 11. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(I) EACH YEAR, ARTICLES ON BUDGET IMPLEMENTATION ARE
ADDED TO THE ACT.
(II) THESE ARTICLES ARE TEMPORARY IN NATURE BUT ARE
PLACED PERMANENTLY INTO THE ACT, UTILIZING ARTICLE
NUMBERS AND SECTION NUMBERS.
(III) REUSING ARTICLE NUMBERS AND SECTION NUMBERS
WILL KEEP THE TEXT OF THE ACT MORE CONCISE.
(IV) THE REPEALS UNDER PARAGRAPH (2) ARE NECESSARY
TO EFFECTUATE SUBPARAGRAPH (III).
(2) ARTICLES XVII-L AND XVII-M OF THE ACT ARE REPEALED.
SECTION 12. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE XVII-L
2020-2021 BUDGET IMPLEMENTATION
SUBARTICLE A
PRELIMINARY PROVISIONS
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SECTION 1701-L. APPLICABILITY.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE
APPLIES TO THE GENERAL APPROPRIATION ACT OF 2020 AND ALL OTHER
APPROPRIATION ACTS OF 2020.
SECTION 1702-L. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"GENERAL APPROPRIATION ACT OF 2020." THE ACT OF , 2020
(P.L. , NO. ), KNOWN AS THE GENERAL APPROPRIATION ACT OF 2020.
"HUMAN SERVICES CODE." THE ACT OF JUNE 13, 1967 (P.L.31,
NO.21), KNOWN AS THE HUMAN SERVICES CODE.
"PUBLIC SCHOOL CODE OF 1949." THE ACT OF MARCH 10, 1949
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
"SECRETARY." THE SECRETARY OF THE BUDGET OF THE
COMMONWEALTH.
"TANFBG." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
GRANT.
SECTION 1703-L. DEPARTMENT OF CRIMINAL JUSTICE.
FOR THE PURPOSES OF THE GENERAL APPROPRIATION ACT OF 2020, A
REFERENCE TO THE DEPARTMENT OF CRIMINAL JUSTICE SHALL BE DEEMED
TO BE A REFERENCE TO THE DEPARTMENT OF CORRECTIONS OR THE
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, OR BOTH, AS
APPLICABLE.
SUBARTICLE B
EXECUTIVE DEPARTMENTS
SECTION 1711-L. GOVERNOR (RESERVED).
SECTION 1712-L. EXECUTIVE OFFICES.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE PENNSYLVANIA
COMMISSION ON CRIME AND DELINQUENCY:
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(1) MONEY APPROPRIATED FOR INTERMEDIATE PUNISHMENT
TREATMENT PROGRAMS SHALL BE DISTRIBUTED COMPETITIVELY TO
COUNTIES FOR OFFENDERS SENTENCED TO INTERMEDIATE PUNISHMENT
PROGRAMS. THE PORTION OF MONEY FOR DRUG AND ALCOHOL AND
MENTAL HEALTH TREATMENT PROGRAMS SHALL BE BASED ON NATIONAL
STATISTICS THAT IDENTIFY THE PERCENTAGE OF INCARCERATED
INDIVIDUALS THAT ARE IN NEED OF TREATMENT FOR SUBSTANCE
ISSUES BUT IN NO CASE SHALL BE LESS THAN 80% OF THE AMOUNT
APPROPRIATED.
(2) THE FOLLOWING APPLY:
(I) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN
THE 2019-2020 FISCAL YEAR SHALL BE USED TO SUPPORT THE
STATEWIDE AUTOMATED VICTIM INFORMATION AND NOTIFICATION
SYSTEM (SAVIN) TO PROVIDE OFFENDER INFORMATION THROUGH
COUNTY JAILS.
(II) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR A
RESIDENTIAL TREATMENT COMMUNITY FACILITY FOR AT-RISK
YOUTH LOCATED IN A COUNTY OF THE FIFTH CLASS.
(III) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR AN
INNOVATIVE POLICE DATA SHARING POINTER INDEX SYSTEM THAT
WILL ALLOW PARTICIPATING LAW ENFORCEMENT AGENCIES ACCESS
TO INCIDENT REPORT DATA.
(IV) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR A
DIVERSION PROGRAM FOR FIRST-TIME NONVIOLENT OFFENDERS
FACING PRISON SENTENCES. THE DIVERSION PROGRAM MUST
INCLUDE EDUCATION AND EMPLOYMENT SERVICES, CASE
MANAGEMENT AND MENTORING.
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(3) FROM MONEY APPROPRIATED FOR VIOLENCE AND DELINQUENCY
PREVENTION PROGRAMS, NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR PROGRAMS
IN A CITY OF THE SECOND CLASS, AND NO LESS THAN FIVE-TWELFTHS
OF THE AMOUNT USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED
FOR BLUEPRINT MENTORING PROGRAMS THAT ADDRESS REDUCING YOUTH
VIOLENCE IN CITIES OF THE FIRST, SECOND AND THIRD CLASS.
SECTION 1713-L. LIEUTENANT GOVERNOR (RESERVED).
SECTION 1714-L. ATTORNEY GENERAL (RESERVED).
SECTION 1715-L. AUDITOR GENERAL.
FROM MONEY APPROPRIATED FOR SPECIAL FINANCIAL AUDITS, NO LESS
THAN FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-2020 FISCAL
YEAR SHALL BE USED FOR THE FINANCIAL AUDITING OF ENTITIES THAT
RECEIVE FUNDS THROUGH CONTRACTS WITH THE DEPARTMENT OF HUMAN
SERVICES FROM MONEY APPROPRIATED FOR MEDICAL ASSISTANCE -
CAPITATION, MEDICAL ASSISTANCE COMMUNITY HEALTHCHOICES, MEDICAL
ASSISTANCE - LONG-TERM CARE, MENTAL HEALTH SERVICES OR THE
INTELLECTUAL DISABILITIES - COMMUNITY WAIVER PROGRAM.
SECTION 1716-L. TREASURY DEPARTMENT (RESERVED).
SECTION 1717-L. DEPARTMENT OF AGING (RESERVED).
SECTION 1718-L. DEPARTMENT OF AGRICULTURE.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF
AGRICULTURE:
(1) FROM MONEY APPROPRIATED FOR GENERAL GOVERNMENT
OPERATIONS, NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
TRANSFERRED IN THE 2019-2020 FISCAL YEAR SHALL BE TRANSFERRED
TO THE DOG LAW RESTRICTED ACCOUNT.
(2) FROM MONEY APPROPRIATED FOR GENERAL GOVERNMENT
OPERATIONS, NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN
THE 2019-2020 FISCAL YEAR SHALL BE USED FOR THE COMMISSION OF
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AGRICULTURAL EDUCATION EXCELLENCE TO ASSIST IN DEVELOPMENT
AND IMPLEMENTATION OF AGRICULTURAL EDUCATION PROGRAMMING.
(3) FROM MONEY APPROPRIATED FOR AGRICULTURAL
PREPAREDNESS AND RESPONSE, AN AMOUNT EQUAL TO $416,667 SHALL
BE USED FOR AGRICULTURAL PREPAREDNESS AND RESPONSE PURPOSES
AS PROVIDED BY LEGISLATION ENACTED BY THE GENERAL ASSEMBLY
AFTER THE EFFECTIVE DATE OF THIS CLAUSE.
(4) FROM MONEY APPROPRIATED FOR AGRICULTURAL RESEARCH,
THE FOLLOWING APPLY:
(I) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN
THE 2019-2020 FISCAL YEAR SHALL BE USED FOR AN
AGRICULTURAL RESOURCE CENTER.
(II) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR
AGRICULTURAL LAW RESEARCH PROGRAMS, INCLUDING THOSE
ADDRESSING ENERGY DEVELOPMENT, IN CONJUNCTION WITH A
LAND-GRANT UNIVERSITY.
(5) THE APPROPRIATION FOR AGRICULTURE PROMOTION,
EDUCATION AND EXPORTS INCLUDES NO LESS THAN FIVE-TWELFTHS OF
THE AMOUNT USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED
FOR COSTS RELATED TO SUPPORTING THE EXPANSION OF HEMP
FARMING, INCLUDING PROGRAM DEVELOPMENT, OUTREACH AND
EDUCATION.
(6) FROM MONEY APPROPRIATED FOR HARDWOODS RESEARCH AND
PROMOTION, AT LEAST 80% OF THE MONEY SHALL BE EQUALLY
DISTRIBUTED AMONG THE HARDWOOD UTILIZATION GROUPS OF THIS
COMMONWEALTH ESTABLISHED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
(7) IN ADDITION TO THE USES PROVIDED IN SECTION 7.3 OF
THE ACT OF JUNE 18, 1982 (P.L.549, NO.159), ENTITLED "AN ACT
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PROVIDING FOR THE ADMINISTRATION OF CERTAIN COMMONWEALTH
FARMLAND WITHIN THE DEPARTMENT OF AGRICULTURE," THE
DEPARTMENT MAY USE UP TO A TOTAL OF $165,000 IN THE
AGRICULTURAL CONSERVATION EASEMENT PURCHASE FUND UNDER
SECTION 7.1 OF THE ACT OF JUNE 18, 1982 (P.L.549, NO.159),
ENTITLED "AN ACT PROVIDING FOR THE ADMINISTRATION OF CERTAIN
COMMONWEALTH FARMLAND WITHIN THE DEPARTMENT OF AGRICULTURE,"
TO ISSUE GRANTS NOT TO EXCEED $5,000 EACH FOR SUCCESSION
PLANNING TO ENSURE THAT AGRICULTURAL OPERATIONS CONTINUE ON
LAND SUBJECT TO AGRICULTURAL CONSERVATION EASEMENTS. THE
DEPARTMENT, IN CONSULTATION WITH THE STATE AGRICULTURAL LAND
PRESERVATION BOARD, SHALL ESTABLISH ELIGIBILITY CRITERIA FOR
AWARDING GRANTS UNDER THIS PARAGRAPH.
SECTION 1719-L. DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT:
(1) FROM MONEY APPROPRIATED FOR GENERAL GOVERNMENT
OPERATIONS:
(I) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN
THE 2019-2020 FISCAL YEAR SHALL BE USED TO BUILD CAPACITY
AND SUPPORT FOR ECONOMIC DEVELOPMENT INITIATIVES RELATED
TO THE REHABILITATION AND MARKETING OF COMMERCIAL
DISTRICTS BY A COUNTY ECONOMIC DEVELOPMENT AUTHORITY IN A
COUNTY OF THE SIXTH CLASS WITH A POPULATION OF AT LEAST
45,950, BUT NOT MORE THAN 46,500, UNDER THE 2010 FEDERAL
DECENNIAL CENSUS.
(II) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED TO SUPPORT A
MANUFACTURING TECHNOLOGY DEVELOPMENT EFFORT IN A COUNTY
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OF THE FOURTH CLASS WITH A POPULATION OF AT LEAST
143,679, BUT NOT MORE THAN 144,200, UNDER THE 2010
FEDERAL DECENNIAL CENSUS.
(2) FROM MONEY APPROPRIATED FOR MARKETING TO ATTRACT
TOURISTS:
(I) $1,695,000 TO FUND THE ACTIVITIES OF THE TOURISM
OFFICE WITHIN THE DEPARTMENT; AND
(II) THE REMAINING MONEY INCLUDES AN ALLOCATION, NOT
TO EXCEED FIVE-TWELFTHS OF THE AMOUNT ALLOCATED IN THE
2019-2020 FISCAL YEAR, TO BE USED TO PLAN, MARKET AND
CONDUCT A SERIES OF ARTS AND CULTURAL ACTIVITIES THAT
GENERATE STATEWIDE AND REGIONAL ECONOMIC IMPACT, AND NO
LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-
2020 FISCAL YEAR SHALL BE USED FOR AN ANNUAL STATEWIDE
COMPETITION SERVING APPROXIMATELY 2,000 ATHLETES WITH
INTELLECTUAL DISABILITIES FROM ACROSS THIS COMMONWEALTH
TO BE HELD IN A COUNTY OF THE FOURTH CLASS.
(3) FROM MONEY APPROPRIATED FOR KEYSTONE COMMUNITIES:
(I) $2,649,000 SHALL BE USED TO FUND THE MAIN STREET
PROGRAM, ELM STREET PROGRAM, ENTERPRISE ZONE PROGRAM AND
ACCESSIBLE HOUSING. THE ALLOCATION FOR THE MAIN STREET
PROGRAM, ELM STREET PROGRAM, ENTERPRISE ZONE PROGRAM AND
ACCESSIBLE HOUSING SHALL BE DISTRIBUTED IN THE SAME
PROPORTION AS AMOUNTS ALLOCATED IN FISCAL YEAR 2012-2013.
(II) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR AN
ANTIVIOLENCE TASK FORCE, IN CONSULTATION WITH THE OFFICE
OF ATTORNEY GENERAL, IN A COUNTY OF THE SECOND CLASS A
THAT IS ALSO A HOME RULE COUNTY.
(III) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
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IN THE 2019-2020 FISCAL YEAR SHALL BE USED TO ESTABLISH A
BROADBAND EXPANSION PILOT PROGRAM THAT IS A JOINT VENTURE
BETWEEN TWO LOCAL DEVELOPMENT DISTRICTS OPERATING IN THE
NORTH CENTRAL AND NORTH WESTERN REGIONS OF THIS
COMMONWEALTH.
(IV) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED TO PROVIDE
FUNDING FOR INNOVATIVE PILOT PROGRAMS TO PROVIDE OR
EXPAND COST EFFECTIVE BROADBAND SERVICES TO UNDERSERVED,
RURAL AREAS. PILOT PROGRAMS UNDER THIS PARAGRAPH SHALL BE
IMPLEMENTED BY THE REGIONAL ECONOMIC DEVELOPMENT ENTITIES
THAT SERVE THE APPALACHIA AREA OF THIS COMMONWEALTH.
(V) THE REMAINING MONEY SHALL BE USED FOR PROJECTS
SUPPORTING ECONOMIC GROWTH, COMMUNITY DEVELOPMENT AND
MUNICIPAL ASSISTANCE THROUGHOUT THIS COMMONWEALTH.
(4) FUNDS APPROPRIATED FOR LOCAL MUNICIPAL RELIEF SHALL
INCLUDE AN ALLOCATION TO PROVIDE STATE ASSISTANCE TO
INDIVIDUALS, PERSONS OR POLITICAL SUBDIVISIONS DIRECTLY
AFFECTED BY NATURAL OR MAN-MADE DISASTERS, PUBLIC SAFETY
EMERGENCIES, OTHER SITUATIONS THAT POSE A PUBLIC SAFETY
DANGER OR OTHER SITUATIONS AT THE DISCRETION OF THE
DEPARTMENT. STATE ASSISTANCE MAY BE LIMITED TO GRANTS FOR
PROJECTS THAT DO NOT QUALIFY FOR FEDERAL ASSISTANCE TO HELP
REPAIR DAMAGES TO PRIMARY RESIDENCES, PERSONAL PROPERTY AND
PUBLIC FACILITIES AND STRUCTURES. GRANTS SHALL BE MADE
AVAILABLE FOR REIMBURSEMENT IN A DISASTER EMERGENCY AREA ONLY
WHEN A PRESIDENTIAL DISASTER DECLARATION DOES NOT COVER THE
AREA OR WHEN THE DEPARTMENT DETERMINES THAT A PUBLIC SAFETY
EMERGENCY HAS OCCURRED.
(5) NOTWITHSTANDING SECTION 4(1) OF THE ACT OF OCTOBER
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11, 1984 (P.L.906, NO.179), KNOWN AS THE COMMUNITY
DEVELOPMENT BLOCK GRANT ENTITLEMENT PROGRAM FOR NONURBAN
COUNTIES AND CERTAIN OTHER MUNICIPALITIES, THE COMMONWEALTH
MAY USE UP TO 3% OF THE FUNDS RECEIVED PURSUANT TO THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (PUBLIC LAW 93-
383, 88 STAT. 633) FOR ADMINISTRATIVE COSTS.
SECTION 1720-L. DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES (RESERVED).
SECTION 1721-L. DEPARTMENT OF CORRECTIONS.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF
CORRECTIONS:
(1) FROM THE APPROPRIATION TO THE DEPARTMENT OF CRIMINAL
JUSTICE FOR GENERAL GOVERNMENT OPERATIONS UNDER THE GENERAL
APPROPRIATION ACT OF 2020, NO LESS THAN FIVE-TWELFTHS OF THE
AMOUNT USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED BY THE
DEPARTMENT OF CORRECTIONS FOR NONNARCOTIC MEDICATION
SUBSTANCE USE DISORDER TREATMENT, WHICH MAY INCLUDE THE
ESTABLISHMENT AND ADMINISTRATION OF A NONNARCOTIC MEDICATION
ASSISTED SUBSTANCE ABUSE TREATMENT GRANT PROGRAM.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, FOR THE PURPOSES OF ANY PROGRAM FUNDED UNDER
PARAGRAPH (1) AND ESTABLISHED UNDER 61 PA.C.S. CH. 46
(RELATING TO NONNARCOTIC MEDICATION ASSISTED SUBSTANCE ABUSE
TREATMENT GRANT PILOT PROGRAM), "ELIGIBLE OFFENDER" MEANS A
DEFENDANT OR INMATE CONVICTED OF A CRIMINAL OFFENSE WHO WILL
BE COMMITTED TO THE CUSTODY OF THE COUNTY AND WHO MEETS THE
CLINICAL CRITERIA FOR AN OPIOID AND OR ALCOHOL USE DISORDER
AS DETERMINED BY A PHYSICIAN.
SECTION 1721.1-L. DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS
(RESERVED).
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SECTION 1722-L. DEPARTMENT OF EDUCATION.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS TO THE DEPARTMENT
OF EDUCATION:
(1) FROM AN APPROPRIATION FOR ADULT AND FAMILY LITERACY
PROGRAMS, SUMMER READING PROGRAMS AND THE ADULT HIGH SCHOOL
DIPLOMAS PROGRAM, NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR AN AFTER-
SCHOOL LEARNING PROGRAM SERVICING LOW-INCOME STUDENTS LOCATED
IN A COUNTY OF THE SIXTH CLASS WITH A POPULATION, BASED ON
THE MOST RECENT FEDERAL DECENNIAL CENSUS, OF AT LEAST 60,000
BUT NOT MORE THAN 70,000, NO LESS THAN FIVE-TWELFTHS OF THE
AMOUNT USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR AN
AFTER-SCHOOL LEARNING PROGRAM SERVICING LOW-INCOME STUDENTS
LOCATED IN A COUNTY OF THE THIRD CLASS WITH A POPULATION,
BASED ON THE 2010 FEDERAL DECENNIAL CENSUS, OF AT LEAST
320,000 BUT NOT MORE THAN 321,000.
(2) FROM MONEY APPROPRIATED FOR THE PRE-K COUNTS
PROGRAM, THE PER-STUDENT GRANT AWARD AMOUNT FOR GRANTS MADE
PURSUANT TO SECTION 1514-D OF THE PUBLIC SCHOOL CODE OF 1949
SHALL BE PAID AT THE SAME RATE AS THE AMOUNT PAID IN FISCAL
YEAR 2019-2020.
(3) FROM MONEY APPROPRIATED FOR PENNSYLVANIA CHARTERED
SCHOOLS FOR THE DEAF AND BLIND:
(I) UPON DISTRIBUTION OF THE FINAL TUITION PAYMENT
FOR FISCAL YEAR 2020-2021, THE BALANCE OF THE
APPROPRIATION, EXCLUDING FUNDS FOR CAPITAL-RELATED COSTS
AND DEFERRED MAINTENANCE, SHALL BE USED TO PAY THE
SCHOOLS' INCREASED SHARE OF REQUIRED CONTRIBUTIONS FOR
PUBLIC SCHOOL EMPLOYEES' RETIREMENT AND SHALL BE
DISTRIBUTED PRO RATA BASED ON EACH SCHOOL'S CONTRIBUTIONS
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FOR THE 2019-2020 FISCAL YEAR.
(II) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR CAPITAL-
RELATED COSTS AND DEFERRED MAINTENANCE TO BE DIVIDED
EQUALLY BETWEEN EACH SCHOOL.
(4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, MONEY
FROM THE SET-ASIDE UNDER SECTION 2509.8 OF THE PUBLIC SCHOOL
CODE OF 1949 SHALL BE ALLOCATED TO EACH APPROVED PRIVATE
SCHOOL WITH A DAY TUITION RATE DETERMINED TO BE LESS THAN
$32,000 DURING THE 2010-2011 SCHOOL YEAR. THE ALLOCATION
SHALL BE NO LESS THAN THE AMOUNT ALLOCATED IN THE 2015-2016
FISCAL YEAR.
(5) MONEY APPROPRIATED FOR REGIONAL COMMUNITY COLLEGE
SERVICES SHALL BE DISTRIBUTED TO EACH ENTITY THAT RECEIVED
FUNDING IN FISCAL YEAR 2019-2020 IN AN AMOUNT EQUAL TO THE
AMOUNT IT RECEIVED IN THAT FISCAL YEAR.
(6) MONEY APPROPRIATED FOR COMMUNITY EDUCATION COUNCILS
SHALL BE DISTRIBUTED TO EACH ENTITY THAT RECEIVED FUNDING IN
FISCAL YEAR 2019-2020 IN AN AMOUNT EQUAL TO THE AMOUNT IT
RECEIVED IN THAT FISCAL YEAR.
(7) NOTWITHSTANDING SECTION 1724-A OF THE PUBLIC SCHOOL
CODE OF 1949 OR 24 PA.C.S. § 8329 (RELATING TO PAYMENTS ON
ACCOUNT OF SOCIAL SECURITY DEDUCTIONS FROM APPROPRIATIONS),
NO PAYMENTS SHALL BE MADE TO CHARTER SCHOOLS, REGIONAL
CHARTER SCHOOLS OR CYBER CHARTER SCHOOLS AUTHORIZED UNDER
ARTICLE XVII-A OF THE PUBLIC SCHOOL CODE OF 1949 TO PROVIDE
FOR SOCIAL SECURITY AND MEDICARE CONTRIBUTIONS FROM MONEY
APPROPRIATED FOR BASIC EDUCATION FUNDING OR SCHOOL EMPLOYEES'
SOCIAL SECURITY.
(8) NOTWITHSTANDING SECTION 1724-A OF THE PUBLIC SCHOOL
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CODE OF 1949 OR 24 PA.C.S. §§ 8326 (RELATING TO CONTRIBUTIONS
BY THE COMMONWEALTH) AND 8535 (RELATING TO PAYMENTS TO SCHOOL
ENTITIES BY COMMONWEALTH), NO PAYMENTS SHALL BE MADE TO
CHARTER SCHOOLS, REGIONAL CHARTER SCHOOLS OR CYBER CHARTER
SCHOOLS AUTHORIZED UNDER ARTICLE XVII-A OF THE PUBLIC SCHOOL
CODE OF 1949 FROM MONEY APPROPRIATED FOR PAYMENT OF REQUIRED
CONTRIBUTIONS FOR PUBLIC SCHOOL EMPLOYEES' RETIREMENT.
SECTION 1723-L. DEPARTMENT OF ENVIRONMENTAL PROTECTION
(RESERVED).
SECTION 1724-L. DEPARTMENT OF GENERAL SERVICES.
FROM MONEY APPROPRIATED TO THE DEPARTMENT OF GENERAL SERVICES
FOR CAPITOL FIRE PROTECTION, THE CITY OF HARRISBURG SHALL USE
THE MONEY TO SUPPORT THE PROVISIONS OF FIRE SERVICES TO THE
CAPITOL COMPLEX.
SECTION 1725-L. DEPARTMENT OF HEALTH.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF
HEALTH:
(1) FROM MONEY APPROPRIATED FOR GENERAL GOVERNMENT
OPERATIONS, SUFFICIENT MONEY SHALL BE INCLUDED FOR THE
COORDINATION OF DONATED DENTAL SERVICES AND NO LESS THAN
FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-2020 FISCAL YEAR
SHALL BE USED FOR OUTREACH FOR CHARCOT-MARIE-TOOTH SYNDROME.
(2) FROM MONEY APPROPRIATED FOR DIABETES PROGRAMS, NO
LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-2020
FISCAL YEAR SHALL BE USED FOR TYPE I DIABETES AWARENESS,
EDUCATION AND OUTREACH.
(3) FROM MONEY APPROPRIATED FOR ADULT CYSTIC FIBROSIS
AND OTHER CHRONIC RESPIRATORY ILLNESSES, NO LESS THAN FIVE-
TWELFTHS OF THE AMOUNT USED IN THE 2019-2020 FISCAL YEAR
SHALL BE USED FOR A PROGRAM PROMOTING CYSTIC FIBROSIS
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RESEARCH IN A COUNTY OF THE SECOND CLASS, AND NO LESS THAN
FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-2020 FISCAL YEAR
SHALL BE USED FOR RESEARCH RELATED TO CHILDHOOD CYSTIC
FIBROSIS IN A CITY OF THE FIRST CLASS WITH A HOSPITAL THAT IS
NATIONALLY ACCREDITED AS A CYSTIC FIBROSIS TREATMENT CENTER
AND SPECIALIZES IN THE TREATMENT OF CHILDREN.
(4) FROM MONEY APPROPRIATED FOR LYME DISEASE NO LESS
THAN FIVE-TWELFTHS OF THE AMOUNT USED IN 2019-2020 FISCAL
YEAR SHALL BE USED FOR COSTS RELATED TO FREE TICK TESTING FOR
RESIDENTS PERFORMED IN CONJUNCTION WITH A UNIVERSITY THAT IS
PART OF THE STATE SYSTEM OF HIGHER EDUCATION, INCLUDING
OUTREACH AND MARKETING.
(5) MONEY APPROPRIATED FOR LUPUS PROGRAMS SHALL BE
DISTRIBUTED PROPORTIONATELY TO EACH ENTITY THAT RECEIVED
FUNDING IN FISCAL YEAR 2018-2019.
(6) MONEY APPROPRIATED FOR BIOTECHNOLOGY RESEARCH SHALL
INCLUDE ALLOCATIONS FOR REGENERATIVE MEDICINE RESEARCH, FOR
REGENERATIVE MEDICINE MEDICAL TECHNOLOGY, FOR HEPATITIS AND
VIRAL RESEARCH, FOR DRUG RESEARCH AND CLINICAL TRIALS RELATED
TO CANCER, PULMONARY EMBOLISM AND DEEP VEIN THROMBOSIS, FOR
GENETIC AND MOLECULAR RESEARCH FOR DISEASE IDENTIFICATION AND
ERADICATION, FOR NANOTECHNOLOGY AND FOR THE COMMERCIALIZATION
OF APPLIED RESEARCH.
(7) FROM THE APPROPRIATION FOR LEUKEMIA AND LYMPHOMA, NO
LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-2020
FISCAL YEAR SHALL BE DISTRIBUTED TO A BRANCH OF AN EASTERN
PENNSYLVANIA CHAPTER OF A NONPROFIT ORGANIZATION, WHERE THE
BRANCH IS LOCATED WITHIN A CITY OF THE THIRD CLASS THAT IS
LOCATED IN TWO COUNTIES OF THE THIRD CLASS, DEDICATED TO
AWARENESS, EDUCATION, PATIENT ASSISTANCE AND OUTREACH RELATED
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TO BLOOD CANCER.
(8) FUNDS APPROPRIATED FOR HEMOPHILIA SERVICES SHALL BE
DISTRIBUTED TO GRANTEES IN THE SAME PROPORTION AS DISTRIBUTED
IN FISCAL YEAR 2019-2020.
(9) FUNDS APPROPRIATED FOR SICKLE CELL ANEMIA SERVICES,
INCLUDING CAMPS FOR CHILDREN WITH SICKLE CELL ANEMIA, SHALL
BE DISTRIBUTED TO GRANTEES IN THE SAME PROPORTION AS
DISTRIBUTED IN FISCAL YEAR 2019-2020.
(10) FUNDS APPROPRIATED FOR ADULT CYSTIC FIBROSIS AND
OTHER CHRONIC RESPIRATORY ILLNESSES SHALL BE DISTRIBUTED TO
GRANTEES IN THE SAME PROPORTION AS DISTRIBUTED IN FISCAL YEAR
2019-2020.
(11) FUNDS APPROPRIATED FOR DIAGNOSIS AND TREATMENT FOR
COOLEY'S ANEMIA SHALL BE DISTRIBUTED TO GRANTEES IN THE SAME
PROPORTION AS DISTRIBUTED IN FISCAL YEAR 2019-2020.
(12) FUNDS APPROPRIATED FOR SERVICES FOR CHILDREN WITH
SPECIAL NEEDS SHALL BE DISTRIBUTED TO GRANTEES IN THE SAME
PROPORTION AS DISTRIBUTED IN FISCAL YEAR 2019-2020.
SECTION 1726-L. INSURANCE DEPARTMENT (RESERVED).
SECTION 1727-L. DEPARTMENT OF LABOR AND INDUSTRY.
THE FOLLOWING APPLY TO APPROPRIATIONS TO THE DEPARTMENT OF
LABOR AND INDUSTRY:
(1) FROM MONEY APPROPRIATED TO THE DEPARTMENT OF LABOR
AND INDUSTRY FOR INDUSTRY PARTNERSHIPS:
(I) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN
THE 2019-2020 FISCAL YEAR SHALL BE USED FOR A WORK FORCE
DEVELOPMENT PROGRAM THAT LINKS VETERANS WITH EMPLOYMENT
IN A HOME RULE COUNTY THAT WAS FORMERLY A COUNTY OF THE
SECOND CLASS A.
(II) (RESERVED).
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(2) (RESERVED).
SECTION 1728-L. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
(RESERVED).
SECTION 1729-L. DEPARTMENT OF HUMAN SERVICES.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF
HUMAN SERVICES:
(1) FROM MONEY APPROPRIATED FOR MENTAL HEALTH SERVICES
OR FROM FEDERAL MONEY, NO LESS THAN FIVE-TWELFTHS OF THE
AMOUNT USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR
THE FOLLOWING:
(I) THE OPERATION AND MAINTENANCE OF A NETWORK OF
WEB PORTALS THAT PROVIDE COMPREHENSIVE REFERRAL SERVICES,
SUPPORT AND INFORMATION RELATING TO EARLY INTERVENTION,
PREVENTION AND SUPPORT FOR INDIVIDUALS WITH MENTAL HEALTH
OR SUBSTANCE ABUSE ISSUES, COUNTY MENTAL HEALTH OFFICES,
PROVIDERS AND OTHERS THAT PROVIDE MENTAL AND BEHAVIORAL
HEALTH TREATMENT AND RELATED SERVICES.
(II) THE EXPANSION OF THE EXISTING WEB PORTALS,
INCLUDING SERVICES AND RESOURCES FOR MILITARY VETERANS
AND THEIR FAMILIES, INCLUDING COMPREHENSIVE REFERRAL
SERVICES FOR TRANSITIONAL, TEMPORARY AND PERMANENT
HOUSING, JOB PLACEMENT AND CAREER COUNSELING AND OTHER
SERVICES FOR MILITARY VETERANS RETURNING TO CIVILIAN
LIFE.
(2) FROM MONEY APPROPRIATED FOR MENTAL HEALTH SERVICES,
NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-
2020 FISCAL YEAR SHALL BE USED FOR EXPANDED SERVICES FOR A
PEDIATRIC MENTAL HEALTH HOSPITAL AND AN ADOLESCENT
RESIDENTIAL TREATMENT PROGRAM IN A COUNTY OF THE THIRD CLASS
WITH A POPULATION OF AT LEAST 349,000, BUT NOT MORE THAN
A05996 - 36 -
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