2017 Pa. Act 44 | Pennsylvania Act 2017-44 — FISCAL CODE - OMNIBUS AMENDMENTS

Act text

FISCAL CODE - OMNIBUS AMENDMENTS
	Act of Oct. 30, 2017, P.L. 725, No. 44	Cl. 72

Session of 2017

No. 2017-44

HB 674

AN ACT

Amending the act of April 9, 1929 (P.L.343, No.176), entitled "An act relating to the finances of the State government; providing for the settlement, assessment, collection, and lien of taxes, bonus, and all other accounts due the Commonwealth, the collection and recovery of fees and other money or property due or belonging to the Commonwealth, or any agency thereof, including escheated property and the proceeds of its sale, the custody and disbursement or other disposition of funds and securities belonging to or in the possession of the Commonwealth, and the settlement of claims against the Commonwealth, the resettlement of accounts and appeals to the courts, refunds of moneys erroneously paid to the Commonwealth, auditing the accounts of the Commonwealth and all agencies thereof, of all public officers collecting moneys payable to the Commonwealth, or any agency thereof, and all receipts of appropriations from the Commonwealth, authorizing the Commonwealth to issue tax anticipation notes to defray current expenses, implementing the provisions of section 7(a) of Article VIII of the Constitution of Pennsylvania authorizing and restricting the incurring of certain debt and imposing penalties; affecting every department, board, commission, and officer of the State government, every political subdivision of the State, and certain officers of such subdivisions, every person, association, and corporation required to pay, assess, or collect taxes, or to make returns or reports under the laws imposing taxes for State purposes, or to pay license fees or other moneys to the Commonwealth, or any agency thereof, every State depository and every debtor or creditor of the Commonwealth," implementing the 2017-2018 Commonwealth budget and instituting future budget implementation:

Further providing for title of act;

In Department of Revenue:

providing for lottery winnings intercept;

Providing for ambulatory surgical center data collection and for Joint Underwriting Association;

In Treasury Department:

providing for provisions for General Assembly;

In Department of Auditor General:

further providing for audits of agencies receiving State aid and providing for audits of interstate commissions;

In procedure for the disbursement of money from the State Treasury:

further providing for settlement agreements and enforcement actions;

In financially distressed municipalities:

providing for payroll tax;

In oil and gas wells:

further providing for definitions, providing for Oil and Gas Lease Fund, repealing provisions relating to oil and gas operations in the South Newark Basin and providing for temporary cessation of oil and gas wells;

In transportation network companies and motor carrier companies:

providing for regulation of taxicabs and limousines by parking authority of city of the first class, for penalties and for provision of transportation network service;

In Pennsylvania Gaming Economic Development and Tourism Fund:

further providing for other grants;

In Tobacco Settlement Fund:

further providing for use of fund;

In Pennsylvania Race Horse Development Fund:

further providing for definitions, for fund and for distributions from fund;

In miscellaneous limitations and transfers:

further providing for drug and alcohol programs and providing for Workers' Compensation Security Fund;

In Natural Gas Infrastructure Development Fund:

further providing for definitions and for transfer of funds;

Providing for First Chance Trust Fund;

In 2016-2017 restrictions on appropriations for funds and accounts:

repealing provisions relating to fund transfers;

In general budget implementation:

further providing for Department of Agriculture, for Department of Community and Economic Development, for Department of Education, for Pennsylvania Gaming Control Board, for Department of Human Services, for Commonwealth Financing Authority Restricted Revenue Account and for surcharges, providing for Multimodal Transportation Fund, further providing for Pennsylvania Liquor Control Board and providing for sales by distilleries, for Liquor Code suspension for deficiency, for State Employees' Retirement System Restricted Account and for Public School Employees' Retirement System Restricted Account;

In school district debt refinancing bonds:

further providing for sinking fund charges for school building projects and for Public School Building Construction and Reconstruction Advisory Committee;

Repealing provisions relating to 2012-2013 budget implementation and 2012-2013 restrictions on appropriations for funds and accounts;

Providing for 2017-2018 budget implementation and for 2017-2018 restrictions on appropriations for funds and accounts;

Making an editorial change; and

Making related repeals.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The General Assembly finds and declares as follows:

(1) The intent of this act is to provide for the implementation of the 2017-2018 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 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 2017-2018 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 2017-2018 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 July 11, 2017 (P.L.1279, No.1A), known as the General Appropriation Act of 2017.

Section 1.1. The title of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, is amended to read:

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.

Section 1.2. The act is amended by adding a section to read:

Section 215. Lottery Winnings Intercept.--(a) In the case of any person winning a single lottery prize of more than $2,500 in the State Lottery, the Department of Revenue shall:

(1) (i) Make reasonable efforts to determine if the prizewinner has an outstanding State tax liability prior to paying the lottery prize. If the Department of Revenue determines that the prizewinner has an outstanding State tax liability and the rights to appeal have expired with no appeal having been taken or, if an appeal has been taken, it has been resolved and is not pending, the Department of Revenue shall deduct from the lottery prize the amount of outstanding State tax liability. A deduction under this subparagraph may only be made after the Department of Revenue determines under 23 Pa.C.S. § 4308 (relating to lottery winnings intercept) that either the lottery prize is not subject to a deduction for delinquent support or that, after deducting for delinquent support, prize amounts remain that can be subject to deduction for the amount of the outstanding State tax liability.

(ii) First, pay the amount deducted for support as provided in 23 Pa.C.S. § 4308 and, second, apply the amount deducted for any outstanding State tax liability to the prizewinner's delinquent support obligations or outstanding State tax liability.

(2) Request the Department of Human Services to make a reasonable effort to determine if the prizewinner is currently a recipient of public assistance benefits in this Commonwealth prior to paying the lottery prize. If the prizewinner is found to be a recipient of public assistance benefits in this Commonwealth, the Department of Human Services shall determine the prizewinner's eligibility to continue to receive public assistance benefits as a result of winning the lottery prize.

(3) (i) In conjunction with the Administrative Office of Pennsylvania Courts, make a reasonable effort to determine if the prizewinner owes court-ordered obligations for crimes as defined in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the "Crime Victims Act." If a determination is made that the prizewinner owes court-ordered obligations, the Administrative Office of Pennsylvania Courts shall provide the Department of Revenue with the total amount of obligations owed.

(ii) If it is determined under subparagraph (i) that the prizewinner owes court-ordered obligations, deduct from the amount of the lottery prize remaining after the deductions made under paragraph (1) the amount of the obligations owed.

(iii) Pay the amounts deducted under subparagraph (ii) as provided by applicable law to satisfy or partially satisfy the prizewinner's court-ordered obligations to the clerk of courts of the county in which the court order was issued.

(4) As soon as reasonably possible after the lottery prize was claimed, notwithstanding the provisions of 23 Pa.C.S. § 4308(b)(7):

(i) award the prizewinner the amount of the lottery prize to be paid to the prizewinner after any deductions made under paragraphs (1) and (3) and subsection (c); and

(ii) if applicable, notify the prizewinner that part or all of the lottery prize was used to satisfy the prizewinner's obligations described in paragraphs (1) and (3). If the amount of the lottery prize is not sufficient to fully satisfy any of the obligations of the prizewinner, the prizewinner shall owe the balance of the obligations as provided under applicable law.

(b) (1) A prizewinner whose prize is used to satisfy or partially satisfy an outstanding State tax obligation under subsection (a)(1) may file a petition of review with the Department of Revenue within 90 days after the mailing of the notice under subsection (a)(4). The only issue that may be considered is whether the proper amount of the State tax obligation was deducted or there is an unresolved valid and timely filed State tax appeal of the State tax obligation. The provisions of Article XXVII of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971," shall apply to each appeal under this section.

( 2) A prizewinner whose prize is used to satisfy or partially satisfy an obligation under 23 Pa.C.S. § 4308 may appeal in accordance with applicable law. The appeal must be filed with a court of competent jurisdiction within 30 days after the person is notified by the Department of Revenue that the prize has been reduced or totally withheld to satisfy the person's obligations under 23 Pa.C.S. § 4308.

(3) If it is determined under subsection (a)(2) that the prizewinner is no longer eligible for public assistance benefits in this Commonwealth, the Department of Human Services shall notify the prizewinner and the prizewinner shall be subject to the act of June 13, 1967 (P.L.31, No.21), known as the "Human Services Code."

(c) The Department of Revenue shall determine and set a fee which reflects the actual costs it incurs to administer this section with respect to a specific prizewinner and deduct the calculated amount from the lottery prize if the prizewinner is found to have an outstanding State tax liability or court-ordered obligations subject to a deduction under subsection (a)(1) or (3).

(d) The Department of Revenue shall annually report to the Finance Committee of the Senate and the Finance Committee of the House of Representatives the amount of outstanding State tax liability and court-ordered obligations collected under this section.

(e) The Department of Revenue may promulgate rules and regulations necessary to carry out this section.

Section 1.3. The act is amended by adding articles to read:

ARTICLE II-C

AMBULATORY SURGICAL CENTER DATA COLLECTION

Section 201-C. 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:

"Ambulatory surgical center." An ambulatory surgical facility which is a Medicare-certified ambulatory surgical center as defined in 42 CFR § 416.2 (relating to definitions).

"Ambulatory surgical facility." A facility or portion of a facility licensed as an ambulatory surgical facility under 28 Pa. Code Pt. IV Subpt. F (relating to ambulatory surgical facilities).

"Annual financial data report." The financial, utilization and payor data report submitted annually to the Health Care Cost Containment Council by an ambulatory surgical center.

Section 202-C. Submission of annual financial data reports.

An ambulatory surgical center that is in operation or begins operation, or an ambulatory surgical facility that becomes an ambulatory surgical center, on or after July 1, 2017, shall submit annual financial data reports to the Health Care Cost Containment Council as specified by the council.

ARTICLE II-D

JOINT UNDERWRITING ASSOCIATION

Section 201-D. Findings.

The General Assembly finds as follows:

(1) As a result of a decline in the need in this Commonwealth for the medical professional liability insurance policies offered by the joint underwriting association under Subchapter B of Chapter 7 of the Mcare Act, and a decline in the nature and amounts of claims paid out by the joint underwriting association under the policies, the joint underwriting association has money in excess of the amount reasonably required to fulfill its statutory mandate.

(2) Funds under the control of the joint underwriting association consist of premiums paid on the policies issued under Subchapter B of Chapter 7 of the Mcare Act and income from investment. The funds do not belong to any of the members of the joint underwriting association nor any of the insureds covered by the policies issued.

(3) The joint underwriting association is an instrumentality of the Commonwealth. Money under the control of the joint underwriting association belongs to the Commonwealth.

(4) At a time when revenue receipts are down and the economy is still recovering, the Commonwealth is in need of revenue from all possible sources in order to continue to balance its budget and provide for the health, welfare and safety of the residents of this Commonwealth.

(5) The payment of money to the Commonwealth required under this article is in the best interest of the residents of this Commonwealth.

Section 202-D. 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:

"Commissioner." The Insurance Commissioner of the Commonwealth.

"Department." The Insurance Department of the Commonwealth.

"Joint underwriting association." The Pennsylvania Professional Liability Joint Underwriting Association established under section 731 of the Mcare Act.

"Mcare Act." The act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act.

Section 203-D. Payment.

On or before December 1, 2017, the joint underwriting association shall pay the sum of $200,000,000 to the State Treasurer for deposit into the General Fund.

Section 204-D. Use of amounts deposited.

Amounts deposited in the General Fund under section 203-D shall be available for expenditures in accordance with appropriations by the General Assembly to the Department of Human Services for medical assistance payments for capitation plans.

Section 205-D. No liability.

The joint underwriting association and its officers, board members and employees shall not be liable nor subject to suit for complying with the provisions of this article and making the required payment of money to the State Treasurer.

Section 206-D. Exclusive jurisdiction.

The Supreme Court shall have exclusive jurisdiction to hear any challenge to or to render a declaratory judgment concerning the constitutionality of this article or to enforce the provisions of this article.

Section 207-D. Sunset.

In the event the payment required under section 203-D is not made by December 1, 2017, the provisions of Subchapter C of Chapter 7 of the Mcare Act shall expire on December 1, 2017. In that event, the following shall apply:

(1) The joint underwriting association shall be abolished and the money in the possession or control of the joint underwriting association shall be transferred to the commissioner who shall deposit it in a special account within the department to be used and administered by the department in the same manner as the joint underwriting association was authorized or required to use and administer it prior to the expiration of Subchapter C of Chapter 7 of the Mcare Act.

(2) Notwithstanding paragraph (1), the commissioner shall transfer $200,000,000 of the money received under paragraph (1) to the State Treasurer for deposit into the General Fund as soon as practicable after receipt. Thereafter, the commissioner shall annually transfer from the special account established under paragraph (1) to the General Fund any money the commissioner determines is in excess of the money needed to administer the funds as required under Subchapter C of Chapter 7 of the Mcare Act.

Section 1.4. The act is amended by adding a section to read:

Section 311. Provisions for General Assembly.--(a) Funds available to the Senate or the House of Representatives through a short-term agreement or other instrument executed with a lending institution shall be considered augmenting revenues and are hereby appropriated for the payment of salaries, wages and all other expenses incurred in the operation of the Senate or the House of Representatives. The amounts shall be remitted to the State Treasurer for deposit in the account as the Chief Clerk of the Senate or a floor leader of the House of Representatives, as applicable, may direct.

(b) Upon presentation of requisitions by the Chief Clerk of the Senate or a floor leader of the House of Representatives, as applicable, the requisition shall be paid on warrant of the State Treasurer directly to and in favor of the persons designated in the requisition as entitled to receive the compensation or expenses.

Section 1.5. Section 403 of the act is amended to read:

Section 403. Audits of Agencies Receiving State Aid.--The Department of the Auditor General shall have the power, and its duty shall be, to audit the accounts and records of every person, association, corporation, and public agency, receiving an appropriation of money, payable out of any fund in the State Treasury, or entitled to receive any portion of any State tax for any purpose whatsoever, as far as may be necessary to satisfy the department that the money received was expended or is being expended for no purpose other than that for which it was paid. Copies of all such audits shall be furnished to the Governor.

If at any time the department shall find that any money received by any person, association, corporation, or public agency, has been expended for any purpose other than that for which it was paid, it shall forthwith notify the Governor, and shall decline to approve any further requisition for the payment of any appropriation, or any further portion of any State tax, to such person, association, corporation or public agency, until an amount equal to that improperly expended shall have been expended for the purpose for which the money improperly expended was received from the State Treasury.

If an audit completed by the department under this section makes recommendations, any person, association, corporation or public agency being audited shall submit a response to the department detailing adoption of such recommendations, or the reason why recommendations have not been adopted, within one hundred and twenty business days of the publication of the audit. The department shall provide notice to the subject of an audit sixty business days after the date of the audit's publication that future appropriations could be denied for the person, association, corporation or public agency if a response is not made.

The department shall regularly notify the Governor, 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 responses received, accompanied by any comments the department may wish to submit. The department shall post responses to the department's publicly accessible Internet website. The Governor, 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 may consider this response when determining whether future appropriations to the person, association, corporation or public agency will be considered.

If the person, association, corporation or public agency does not respond to the department within one hundred and twenty business days from the date of the publication of the audit, the department shall notify the Governor, 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. The Governor, 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 may consider a failure to respond to the audit when determining whether future appropriations to the person, association, corporation or public agency will be considered.

The department shall work with the Governor, 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 to determine the most effective method to communicate information concerning responses to the department's audit recommendations based on the type of audit and significance of the recommendations.

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

Section 410. Audits of Interstate Commissions.--(a) For the purpose of section 15.11 of the act of July 17, 1968 (P.L.368, No.181), referred to as the Susquehanna River Basin Compact Law, the Auditor General shall be deemed to be a duly authorized officer on behalf of the Commonwealth as a signatory party for the exclusive purpose of examining and auditing all of the books, documents, records, files and accounts and all other papers, things or property of the commission. The designation under this subsection shall be in addition to any other duly authorized officer of the Commonwealth under the Susquehanna River Basin Compact Law.

(b) For the purpose of section 14.11 of the act of July 7, 1961 (P.L.518, No.268), known as the Delaware River Basin Compact, the Auditor General shall be deemed to be a duly authorized officer on behalf of the Commonwealth as a signatory party for the exclusive purpose of examining and auditing all of the books, documents, records, files and accounts and all other papers, things or property of the commission. The designation under this subsection shall be in addition to any other duly authorized officer of the Commonwealth under the Delaware River Basin Compact.

Section 3. Section 1507.1 of the act is amended to read:

Section 1507.1. Settlement Agreements; Enforcement Actions.--(a) Except as set forth in [subsection (b)] subsections (b) and (b.1) , the following apply:

(1) Unless otherwise provided by this section or another provision of law, money received by an agency as a result of a settlement, litigation or an enforcement action shall be deemed funds of the Commonwealth and shall, upon receipt, be deposited into the General Fund.

(2) If money to pursue a settlement, litigation or enforcement action was expended by the agency from the General Fund or other fund or account established by law, those costs recovered shall be credited to the appropriation, fund or account from which the original costs were expended and used as provided by law and shall be available for expenditure in accordance with the law governing the expenditure.

(3) Amounts that exceed the actual costs of a settlement, litigation or enforcement action and are deposited in the General Fund may be redirected to the agency that was the party to the settlement, litigation or enforcement action to supplement the activities of the agency upon request of the agency and approval of the Secretary of the Budget.

(4) If there is a redirection under paragraph (3), the secretary shall provide notice of the transfer to the chair of the Appropriations Committee of the Senate and the chair of the Appropriations Committee of the House of Representatives and include a detailed determination of actual costs incurred by the agency and the identification of the associated settlement, litigation or enforcement action.

(b) Subsection (a) shall not apply as follows:

(1) The recovery of Federal money shall be disposed of in accordance with this section and applicable Federal or State law or contract.

(2) Nothing in this section shall supersede any payments, including restitution, ordered by a court.

(b.1) Notwithstanding the act of January 8, 1960 (1959 P.L.2119, No.787), known as the "Air Pollution Control Act," or any other provision of law to the contrary, the sum of $30,409,055, received from a settlement during the 2017-2018 fiscal year, shall be deemed funds of the Commonwealth and shall, upon receipt, be deposited into the General Fund to be expended in compliance with the Commonwealth's trustee duties under section 27 of Article I of the Constitution of Pennsylvania.

(c) As used in this section, the term "agency" includes the Commonwealth and an agency or instrumentality of the Commonwealth.

Section 3.1. The act is amended by adding a section to read:

Section 1603-D.1. Payroll tax.

Notwithstanding any provision of law to the contrary, in the event that the rate of a payroll tax imposed by a city of the second class A, or a home rule municipality that was previously a city of the second class A, under section 123(d)(2) of the act of July 10, 1987 (P.L.246, No.47), known as the Municipalities Financial Recovery Act, produces less than the revenues projected in the first full year after the imposition of a payroll tax, the city may, for a second year, adjust the rate to one that is sufficient to produce revenues equal to the revenues collected as a result of the mercantile or business privilege tax in the final year it was levied. The city may levy the payroll tax in any subsequent year at a rate not to exceed the adjusted rate authorized under this section.

Section 3.2. The definition of "fund" in section 1601-E of the act is amended to read:

Section 1601-E. Definitions.

The following words and phrases when used in this article shall have the meanings given to them in this subarticle unless the context clearly indicates otherwise:

"Fund." [The Oil and Gas Lease Fund established under the act of December 15, 1955 (P.L.865, No.256), entitled, "An act requiring rents and royalties from oil and gas leases of Commonwealth land to be placed in a special fund to be used for conservation, recreation, dams, and flood control; authorizing the Secretary of Forests and Waters to determine the need for and location of such projects and to acquire the necessary land."] The Oil and Gas Lease Fund.

Section 3.3. The act is amended by adding a section to read:

Section 1601.2-E. Oil and Gas Lease Fund.

(a) Continuation.--The fund is continued as a special fund in the State Treasury.

(b) Sources.--The following shall be deposited into the fund:

(1) Rents and royalties from oil and gas leases of land owned by the Commonwealth, except rents and royalties received from game and fish lands.

(2) Amounts as provided under section 5 of the act of October 8, 2012 (P.L.1194, No.147), known as the Indigenous Mineral Resources Development Act.

(3) Any other money appropriated or transferred to the fund.

(c) Use.--Money in the fund may only be used as provided under subsection (e) or as annually appropriated by the General Assembly. In making an appropriation from the fund, the General Assembly shall consider the Commonwealth's trustee duties under section 27 of Article I of the Constitution of Pennsylvania.

(d) Priority.--Money appropriated from the fund under a General Appropriation Act or other appropriation act shall be distributed prior to allocations under subsection (e).

(e) Annual transfers.--The following apply:

(1) 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 Environmental Stewardship Fund.

(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 4. Section 1607-E(c) of the act is repealed:

Section 1607-E. Oil and gas operations in the South Newark Basin.

[(c) Expiration.--This section shall expire January 1, 2018.]

Section 5. The act is amended by adding a section to read:

Section 1610-E. Temporary cessation of oil and gas wells.

(a) General rule.--An oil and gas lessor shall be deemed to acknowledge that a period of nonproduction under an oil and gas lease is a temporary cessation insufficient to terminate the lease and the lessor waives his right to seek lease termination upon those grounds if, prior to claiming the lease has terminated:

(1) production is recommenced and the lessor accepts royalty payments for the production. Any first royalty payment following recommencement of production after a period of more than one year of inactivity shall be accompanied by an explanation, in plain terms, that acceptance of the royalty payment shall constitute acknowledgment of an existing lease with the operator; or

(2) the operator, after notifying the lessor of its intent to drill a new well and giving the lessor 90 days within which to object, drills a new well under the lease.

(b) Lease provisions.--Nothing in this section is intended to waive lease requirements related to commencement of operations during a lease's primary term or affect a lease provision expressly providing for lease termination following a fixed period of nonproduction.

Section 5.1. The heading of Article XVI-M of the act, added July 13, 2016 (P.L.664, No.85), is amended to read:

ARTICLE XVI-M

TRANSPORTATION NETWORK COMPANIES

[AND] , MOTOR CARRIER COMPANIES AND PARKING AUTHORITY OF A CITY OF THE FIRST CLASS

Section 6. The act is amended by adding sections to read:

Section 1603-M. Regulation of taxicabs and limousines by parking authority of city of the first class.

For the purpose of the temporary and final-form regulations required under 53 Pa.C.S. § 57B02(c)(1) (relating to regulation of taxicabs and limousines) and notwithstanding 53 Pa.C.S. § 5707 (relating to budget and assessments), the owner of a taxicab authorized by the authority to provide taxicab service in a city of the first class shall pay to the authority an assessment equal to 1% of the gross receipts from the fares charged to passengers for taxicab service in the city of the first class. The amount assessed must be remitted on a quarterly basis to the authority.

Section 1604-M. Penalties.

(a) Suspension or revocation.--In addition to any other penalties authorized under 53 Pa.C.S. Ch. 57A (relating to transportation network companies), the authority may suspend or revoke the license of a transportation network company which fails to comply with 53 Pa.C.S. § 57A16(n)(2) (relating to operating regulations).

(b) 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:

"Authority." As defined in 53 Pa.C.S. § 57A01 (relating to definitions).

"License." As defined in 53 Pa.C.S. § 57A01.

"Transportation network company." As defined in 53 Pa.C.S. § 57A01.

Section 1605-M. Provision of transportation network service.

Notwithstanding any provision under 53 Pa.C.S. § 57A08(a)(5) (relating to vehicle ownership and standards) or 66 Pa.C.S. § 2606(b) (relating to personal vehicle requirements) to the contrary, a vehicle up to 15 model years old may be used to provide transportation network service.

Section 7. Section 1774.1-A of the act, amended April 25, 2016 (P.L.168, No.25), is amended to read:

Section 1774.1-A. Other grants.

(a) Water and sewer.--For the specified fiscal years, from funds available to the authority under this act or under 58 Pa.C.S. § 2315(a.1)(4) (relating to Statewide initiatives), that are unrelated to indebtedness incurred for the program, the following apply:

(1) For fiscal year 2013-2014, the sum of $3,000,000 shall be available for water and sewer projects with a cost of not less than $50,000 and not more than $150,000.

(2) For fiscal year 2015-2016 and 2016-2017, the sum of $22,000,000 shall be available for distribution or reimbursement for water and sewer projects with a cost of not less than $30,000 and not more than $500,000.

(3) For fiscal year 2017-2018, the sum of $15,000,000 shall be available for distribution or reimbursement for water and sewer projects with a cost of not less than $30,000 and not more than $500,000.

(a.1) Additional water and sewer.--In addition to the funds available under subsection (a)(3), for fiscal year 2017-2018, the sum of $10,000,000 from the trust account established under 64 Pa.C.S. § 1541 (relating to trust accounts) for the Building Pennsylvania Program shall be transferred to the authority for distribution or reimbursement for water and sewer projects with a cost of not less than $30,000 and not more than $500,000.

(b) Guidelines.--The authority shall adopt guidelines for the approval of applications under this section and shall ensure that grants are made available to all geographic areas of this Commonwealth.

(c) Eligibility.--An application for a water and sewer project under this section may not be deemed ineligible if the project detailed in the application is for a portion of a larger project, the total cost of which exceeds $500,000.

Section 8. Section 1713-A.1(b)(1.5) of the act, amended July 13, 2016 (P.L.664, No.85), is amended to read:

Section 1713-A.1. Use of fund.

(b) Appropriations.--

(1.5) For fiscal year 2015-2016 [and] , fiscal year 2016-2017 and fiscal year 2017-2018 , the General Assembly appropriates money in the fund in accordance with the following percentages based on the annual payment received each year:

(i) Thirteen percent for home-based and community-based services under Chapter 5 of the Tobacco Settlement Act.

(ii) Four and five-tenths percent for tobacco use prevention and cessation programs under Chapter 7 of the Tobacco Settlement Act.

(iii) Twelve and six-tenths percent for health and related research under section 906 of the Tobacco Settlement Act.

(iv) One percent for health and related research under section 909 of the Tobacco Settlement Act.

(v) Eight and eighteen hundredths percent for the uncompensated care payment program under Chapter 11 of the Tobacco Settlement Act.

(vi) Thirty percent for the purchase of Medicaid benefits for workers with disabilities under Chapter 15 of the Tobacco Settlement Act.

(vii) Thirty and seventy-two hundredths percent shall remain in the fund to be separately appropriated for health-related purposes.

Section 9. The definitions of "commission," "Pennsylvania Breeding Fund" and "Pennsylvania Sire Stakes Fund" in section 1721-A.1 of the act, added July 13, 2016 (P.L.664, No.85), are amended to read:

Section 1721-A.1. Definitions.

The following words and phrases when used in this subarticle shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Commission." The State Horse Racing Commission established under [Article XXVIII-D of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929] 3 Pa.C.S. § 9311 (relating to State Horse Racing Commission).

"Pennsylvania Breeding Fund." The restricted account in the State Racing Fund established under [section 2836-D of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929] 3 Pa.C.S. § 9336 (relating to Pennsylvania Breeding Fund).

"Pennsylvania Sire Stakes Fund." The restricted account in the State Racing Fund established under [section 2837-D of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929] 3 Pa.C.S. § 9337 (relating to Pennsylvania Sire Stakes Fund).

Section 10. Sections 1722-A.1(c), 1723-A.1(2) and (3) and 1733-A.1 of the act, amended July 13, 2016 (P.L.664, No.85), are amended to read:

Section 1722-A.1. Pennsylvania Race Horse Development Fund.

(c) Distributions.--Except as provided under [sections 2813-D and 2874-D of the Administrative Code of 1929] 3 Pa.C.S. §§ 9313 (relating to budget) and 9374 (relating to costs of enforcement of medication rules or regulations) , and in accordance with section 1723-A.1, the department shall make distributions from the fund to each of the active and operating Category 1 licensees conducting live racing.

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 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.

(ii) Each week, the money remaining in the fund after any transfer under subparagraphs (i), (i.1), (i.2) [and] , (i.3) and (i.4) 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 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 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).

Section 1733-A.1. Drug and Alcohol Programs.

For fiscal year 2015-2016 [and] , fiscal year 2016-2017 and fiscal year 2017-2018 , $2,500,000 from the sale of liquor and alcohol shall be transferred to the Department of Drug and Alcohol Programs for the purposes set forth in section 802(c) of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.

Section 10.1. The act is amended by adding a section to read:

Section 1734-A.1. Workers' Compensation Security Fund.

Notwithstanding section 2112 of the act of July 12, 2016 (P.L.1577, No.16A), known as the General Appropriation Act of 2016, or any other provision of law to the contrary, any amount transferred from the Workers' Compensation Security Fund pursuant to section 2112 shall be repaid to the Workers' Compensation Security Fund by July 1, 2019.

Section 11. Section 1741-A.1 of the act, added April 25, 2016 (P.L.168, No.25), is amended to read:

Section 1741-A.1. Definitions.

The following words and phrases when used in this subarticle shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Authority." The Commonwealth Financing Authority established under 64 Pa.C.S. Ch. 15 (relating to Commonwealth Financing Authority) .

"Fund." The Natural Gas Infrastructure Development Fund.

Section 12. Section 1743-A.1 of the act is amended by adding a subsection to read:

Section 1743-A.1. Transfer of funds.

(c) Fiscal year 2017-2018.--For fiscal year 2017-2018, the sum of $6,000,000 from the trust account established under 64 Pa.C.S. § 1541 (relating to trust accounts) for the Building Pennsylvania Program shall be transferred to the fund for use by the authority.

Section 12.1. Article XVII-A.1 of the act is amended by adding a subarticle to read:

SUBARTICLE F

FIRST CHANCE TRUST FUND

Section 1751-A.1. Intent.

The General Assembly finds and declares as follows:

(1) At-risk youth have engaged in or are at risk of engaging in conduct that can be a precursor to dropping out of school, engaging in criminal behavior, acquiring a low-paying job and being unemployed.

(2) Providing more or better opportunities for at-risk youth and leading them away from negative social activities will result in better outcomes and help prevent negative results.

(3) This subarticle is intended to provide at-risk youth with constructive opportunities and options.

Section 1752-A.1. Definitions.

The following words and phrases when used in this subarticle shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Annual contract amount." The amount of revenue paid to a contractor in the fiscal year.

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

"Commission." The Pennsylvania Commission on Crime and Delinquency.

"Commonwealth agency." An executive agency, an independent agency or a State-affiliated entity.

"Department." The Department of Corrections of the Commonwealth.

"Fund." The First Chance Trust Fund established under section 1753-A.1.

"Program." An evidence-based or outcome-based program for children who meet the eligibility requirements determined by the commission, aimed at reducing risk factors and producing positive outcomes, which may include mentoring, individual counseling and therapeutic services and family-strengthening activities.

"Scholarship program." A program which assists students in obtaining education or other vocational training who meet all of the following criteria:

(1) The students reside within this Commonwealth and attend an educational or vocational training institution located in this Commonwealth.

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

(3) The students meet other eligibility requirements as determined by the commission in accordance with this subarticle.

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

The First Chance Trust Fund is established as a restricted account in the General Fund.

Section 1754-A.1. Use of fund.

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

(1) Contributions from selected contractors of designated contracts as specified under section 1755-A.1.

(2) Grants, gifts, donations and other payments from a person, except for a government entity.

(3) Money appropriated into the fund.

(b) Appropriation.--Money in the fund is appropriated to the commission on a continuing basis for purposes set forth under subsection (c).

(1) Establishing and operating a scholarship program for students in those regions of this Commonwealth which have statistically higher high school dropout rates, incarceration rates or high crime rates as determined by the commission.

(2) Providing grants to programs that benefit children in those regions of this Commonwealth which have statistically higher high school dropout rates, incarceration rates or high crime rates as determined by the commission.

(d) Contributions.--The commission may solicit and accept gifts, donations, legacies and other revenues for deposit into the fund from a person, except for a government entity.

(e) Operation.--The following apply:

(1) The commission shall adopt a statement of policy within 60 days of the effective date of this section. The policy shall be published as a notice in the Pennsylvania Bulletin, but shall not be subject to review under any of the following:

(i) Section 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.

(ii) Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.

(iii) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(2) No payment shall be made from the fund before the statement of policy has been published as provided for under this subsection.

(3) At a minimum, the statement of policy shall:

(i) Identify risk factors that lead to criminal behavior for children and students in regions of this Commonwealth which have statistically higher high school dropout rates, high incarceration rates or are in areas of high crime, which shall be used by the commission in determining eligibility for allocation of funds.

(ii) Provide for the maintenance and use of the fund.

(4) No less than once a year, the commission shall review the statement of policy.

(f) Report.--By July 31, 2018, and every year thereafter, the commission shall submit a report to the chairperson and minority chairperson of the Appropriations Committee and the chairperson and minority chairperson of the Judiciary Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee and the chairperson and minority chairperson of the Judiciary Committee of the House of Representatives. The report shall specify all of the following:

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

(2) The number of academic scholarships awarded and the name and the county of residence of the recipients of academic scholarships.

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

(g) Audit.--The Auditor General shall conduct an audit of the fund's revenues and expenditures no later than three years after the effective date of this section. The Auditor General shall conduct subsequent audits of the fund's revenues and expenditures no more than once every three years from the date of the preceding audit. The Auditor General shall submit a report of each audit to the Governor and the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.

Section 1755-A.1. Contributions to fund.

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

(1) Within six months of the effective date of this section, the department shall include a requirement in a notice for invitations for bids under 62 Pa.C.S. § 512 (relating to competitive sealed bidding), a notice of request for proposals under 62 Pa.C.S. § 513 (relating to competitive sealed proposals) and a notice for sole source procurement under 62 Pa.C.S. § 515 (relating to sole source procurement), if the contract dollar threshold is expected to exceed $5,000,000 annually, that the selected contractor contribute the equivalent value of 1% of the annual contract amount to the fund no later than June 30 of any fiscal year when the contract is in effect. The department may withhold the equivalent of 1% of the annual contract amount and remit the money to the fund on behalf of the selected contractor in order to effectuate the contribution.

(2) Upon prior approval by the Secretary of Corrections, the department may waive the contribution requirement under paragraph (1).

(b) Commonwealth agency procurement.--Within six months of the effective date of this section, a Commonwealth agency may include a requirement in a notice for invitations for bids under 62 Pa.C.S. § 512, a notice of request for proposals under 62 Pa.C.S. § 513 and a notice for sole source procurement under 62 Pa.C.S. § 515, if the contract dollar threshold is expected to exceed $5,000,000 annually, that the selected contractor contribute the equivalent value of 1% of the annual contract amount to the fund no later than June 30 of any fiscal year when the contract is in effect. The Commonwealth agency may withhold payment equivalent of 1% of the annual contract amount and remit the payment to the fund on behalf of the selected contractor in order to effectuate the contribution.

(c) Use.--Contributions under subsections (a) and (b) shall be deposited into the fund and shall only be used for the purposes set forth in section 1754-A.1(c).

(d) Deposits.--Within 15 days of the last day of each month, the commission and the Office of the Budget, in consultation with the State Treasurer, shall compute the total amount of revenue from all sources received by the Commonwealth during the immediately preceding month which shall be deposited into the fund by the State Treasurer in accordance with this subarticle.

Section 13. Section 1726-C(6) of the act is repealed:

Section 1726-C. Fund transfers.

The following shall apply:

[(6) Notwithstanding Subchapter C of Chapter 7 of the act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, the sum of $200,000,000 shall be transferred from the unappropriated surplus of the Pennsylvania Professional Liability Joint Underwriting Association to the General Fund. The sum transferred under this section shall be repaid to the Pennsylvania Professional Liability Joint Underwriting Association over a five-year period commencing July 1, 2018. An annual payment amount shall be included in the budget submission required under section 613 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.]

Section 14. Sections 1718-E and 1719-E of the act are amended to read:

Section 1718-E. Department of Agriculture.

(a) Appropriations.-- The following shall apply to appropriations for the Department of Agriculture:

(1) No expenditures may be made from the appropriation for the payment to the State Farm Products Show Fund or from the State Farm Products Show Fund for any activities associated with the PAFE unless such activities take place on the premises of the Farm Show Complex, Harrisburg, Pennsylvania.

(2) The department may make allocations of appropriations for development and operation of an open livestock show, for planning and staging of an open dairy show and for promotion and holding of annual local, regional and State 4H clubs and Future Farmers of America dairy shows as it deems appropriate, to an association whose purposes are in accord with the purposes and intent of the appropriations. Allocations under this paragraph shall be used for the development and operation of Livestock, Dairy and Junior Dairy Shows in the Pennsylvania Farm Show Complex, provided that the funds allocated by the department shall only be used for the specific items approved by the department in advance.

(b) Pennsylvania Malt and Brewed Beverages Industry Promotion Board.--The members of the Pennsylvania Malt and Brewed Beverages Industry Promotion Board established under section 446.1 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, shall be entitled to reimbursement from the Department of Agriculture for reasonable and necessary expenses incurred in connection with the performance of their duties as members of the board.

Section 1719-E. Department of Community and Economic Development.

(a) Appropriations.-- The following shall apply to appropriations for the Department of Community and Economic Development:

(1) No more than 20% of funds appropriated for grants under the act of May 20, 1949 (P.L.1633, No.493), known as the Housing and Redevelopment Assistance Law, shall be allocated to any one political subdivision.

(2) (Reserved).

(b) Expenditures for media advertising.--The provisions of the act of December 20, 2015 (P.L.497, No.90), known as the Taxpayer-Funded Advertising Transparency Act, shall not apply to expenditures for media advertising authorized for the Department of Community and Economic Development under section 4 or 5 of the act of May 10, 1939 (P.L.111, No.51), known as the Commerce Law.

(c) Notwithstanding any other provision of law to the contrary, in addition to the powers granted to an authority under 53 Pa.C.S. § 5607 (relating to purposes and powers), an authority may:

(1) Perform the replacement or remediation of private water laterals and private sewer laterals for customers of the authority if the authority determines that the replacement or remediation will benefit the public health, public water supply system or public sewer system. No authority that has performed a replacement or remediation shall be deemed to be the owner of a private water lateral or private sewer lateral or be obligated to perform any other duties unless determined necessary by the authority.

(2) Use public funds and utilize authority employees for the replacement or remediation of private water laterals and private sewer laterals if the authority determines that the replacement or remediation will benefit the public health, public water supply system or public sewer system. Before using public funds the authority shall consider the availability of public funds, equipment, personnel and facilities and the competing demands of the authority for public funds, equipment, personnel and facilities.

(3) Construct and maintain water or sanitary sewer pump stations, public water distribution systems, public sewer collection systems or similar general construction services within the service area of the authority or by contract or agreement with the authority.

(d) 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:

"Authority." An authority incorporated under 53 Pa.C.S. Ch. 56 (relating to municipal authorities).

"Private sewer lateral." A line on a property upon which a building or structure is located that connects to a public sewer system.

"Private water lateral." A line on a property upon which a building or structure is located that connects to a public water system.

Section 14.1. Section 1722-E of the act is amended by adding subsections to read:

Section 1722-E. Department of Education.

(c) Educational access program funding.--The amount of educational access program funding received in the 2017-2018 fiscal year by a school district identified for financial watch status under section 694-A of the Public School Code of 1949, during the 2016-2017 school year shall be deemed to be a part of the school district's allocation amount under section 2502.53(b)(1) of the Public School Code of 1949 for the 2017-2018 school year and each school year thereafter.

(d) Maximum school district market value.--Beginning July 1, 2017, for the purposes of the calculations described in section 2501(14) and (14.1) of the Public School Code of 1949, a school district's market value shall not exceed $47,000,000,000 and, in each subsequent year, the maximum market value shall be increased by the percentage increase in market value for all school districts.

Section 15. Section 1724.1-E of the act, amended July 13, 2016 (P.L.664, No.85), is amended to read:

Section 1724.1-E. Pennsylvania Gaming Control Board.

(a) Required deposit.-- Notwithstanding 4 Pa.C.S. Pt. II (relating to gaming) or any other provision of law to the contrary, any payment of a slot machine license fee under 4 Pa.C.S. § 1209 (relating to slot machine license fee) received by the Pennsylvania Gaming Control Board after June 30, 2014, shall be deposited in and credited to the General Fund.

(b) Deadlines for fees.--The following shall apply:

(1) Notwithstanding 4 Pa.C.S. Pt. II or any other provision of law to the contrary, for any slot machine license issued in the 2016-2017 fiscal year the [Pennsylvania Gaming Control Board] board shall require the slot machine license fee under subsection (a) and the fee under 4 Pa.C.S. § 13A61 (relating to table game authorization fee) to be paid in full no later than June 30, 2017.

(2) Notwithstanding 4 Pa.C.S. Pt. II or any other provision of law to the contrary, for any slot machine license issued in the 2017-2018 fiscal year, the board shall require the slot machine license fee under subsection (a) and the fee under 4 Pa.C.S. § 13A61 to be paid in full no later than June 30, 2018.

Section 15.1. Section 1729-E(2)(ii) and (3)(i) of the act, amended April 25, 2016 (P.L.168, No.25), are amended and the section is amended by adding a paragraph to read:

Section 1729-E. Department of Human Services.

The following shall apply to appropriations for the Department of Human Services:

(2) Federal and State medical assistance payments. The following shall apply:

(ii) [(Reserved).] Notwithstanding any other provision of law, the assessment implemented under Article VIII-A of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, shall be remitted electronically in periodic submissions, as specified by the Department of Human Services, not to exceed five times per year. A nursing facility shall report the total assessment amount owed on forms and in accordance with instructions prescribed by the department. The nursing facility shall remit the total assessment amount owed by the due date specified by the department, which shall not be prior to 30 days from the date of the second notice published under section 805-A(a) of the Human Services Code.

(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 [act of June 13, 1967 (P.L.31, No.21), known as the] 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.

(4) For purposes of the intergovernmental transfer program, a facility that satisfies all of the following criteria shall be deemed a public agency and shall be eligible to participate in the program:

(i) The facility is governed by a board of directors established by an act of the General Assembly.

(ii) A majority of the board of directors consists of the county commissioners of a county of the sixth class pursuant to that act.

(iii) The facility is a county nursing facility as defined under 55 Pa. Code § 1187.2 (relating to definitions).

(iv) The facility provides services associated with a nursing facility, a personal care home, adult day care, child day care and outpatient therapy.

(v) The facility has been reimbursed for Medicaid purposes by the department.

Section 15.2. Section 1753.1-E of the act, added July 13, 2016 (P.L.664, No.85), is amended to read:

Section 1753.1-E. Commonwealth Financing Authority Restricted Revenue Account.

(a) Account.-- There is established a restricted revenue account within the General Fund for the purpose of making principal and interest payments coming due in each fiscal year, beginning July 1, 2016, or thereafter, for outstanding indebtedness of the Commonwealth Financing Authority. The State Treasurer, upon consultation with the Secretary of the Budget, shall transfer from the general revenues of the Commonwealth collected under Article II of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, to the restricted revenue account such amounts, as may be necessary, to make payment for principal and interest obligations. The State Treasurer and the Secretary of the Budget shall consider the timing of principal and interest payments and General Fund cash flow when determining transfer amounts. Transfer of general revenues under this section shall not exceed the amount certified under 64 Pa.C.S. § 1543(e) (relating to indebtedness).

(b) Reports.--Within 10 days of the expiration of each quarter of each fiscal year, the Secretary of the Budget shall provide to 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 a report relating to the restricted revenue account under subsection (a) that includes at least all of the following:

(1) A list of transfers from the general revenues of the Commonwealth collected under Article II of the Tax Reform Code of 1971 to the restricted revenue account in the preceding quarter.

(2) A list of projected transfers from the general revenues of the Commonwealth collected under Article II of the Tax Reform Code of 1971 to the restricted revenue account that will be made in the succeeding four quarters.

(3) An itemized list of the principal and interest payments and the timing of those payments made from the restricted revenue account in the preceding quarter.

(4) An itemized list of the principal and interest payments and the timing of those payments to be paid from the restricted revenue account in the succeeding four quarters.

(5) An estimate of the total amount of outstanding Commonwealth Financing Authority debt to be paid from the restricted revenue account.

Section 16. Section 1795.1-E of the act is 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 [42 Pa.C.S. § 3733.1(a)(1) (relating to surcharge)] section 2802-E(a)(1) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929 , an additional surcharge of $10 shall be charged and collected by a division of the Unified Judicial System. The provisions of section 2802-E(b) of The Administrative Code of 1929 shall not apply to this subsection.

(2) In addition to the fee under 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.

(3) This subsection shall expire December 31, [2017] 2020 .

Section 16.1. The act is amended by adding a section to read:

Section 1798.3-E. Multimodal Transportation Fund.

(a) Department of Transportation.--From funds available to the Department of Transportation under 74 Pa.C.S. § 2104(a)(2) (relating to use of money in fund), the local match under 74 Pa.C.S. § 2106 (relating to local match) may be waived by the Secretary of Transportation for good cause if the applicant for assistance is a municipality.

(b) Commonwealth Financing Authority.--Notwithstanding the provisions of 74 Pa.C.S. § 2106, a municipality receiving financial assistance under 74 Pa.C.S. § 2104(a)(4) may not be required to provide a local match.

(c) Definition.--As used in this section, the term "municipality" shall mean a county, city, borough, incorporated town or township.

(d) Expiration.--This section shall expire December 31, 2018.

Section 16.2. Section 1799.1-E of the act is amended to read:

Section 1799.1-E. Pennsylvania Liquor Control Board.

(a) License fees.-- In order to encourage applications for licensure for tavern gaming, the Pennsylvania Liquor Control Board may reduce the license fee under section 905(c) of the act of December 19, 1988 (P.L.1262, No.156), known as the Local Option Small Games of Chance Act, to $500 upon approval of the license.

(b) Unallocated grant money.--In any fiscal year when grant money authorized under section 446.1 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, remains unallocated, the remaining amount of money shall be made available for grants in subsequent fiscal years.

Section 16.3. The act is amended by adding sections to read:

Section 1799.5-E. Sales by distilleries.

(a) General rule.--Notwithstanding any provision of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, to the contrary, the holder of a distillery or limited distillery license may sell liquor to the board and to persons not licensed by the board. A distillery or limited distillery license holder may also directly sell liquor to any license or permit holder that is otherwise authorized to sell liquor. However, aggregate sales to the license and permit holders may not exceed 50,000 gallons during a calendar year. A license or permit holder that wishes to acquire liquor produced by a distillery or limited distillery license holder after the producer has reached its aggregate 50,000-gallon limit may still acquire the product if it is available from the board. If a person holds more than one distillery or limited distillery license, either directly or through a wholly owned subsidiary, the sales from all such licenses shall be considered when determining whether the 50,000-gallon limit has been reached.

(b) Definition.--As used in this section, the term "board" means the Pennsylvania Liquor Control Board.

Section 1799.6-E. Liquor Code suspension for deficiency.

(a) Administrative suspension.--

(1) If the board finds, through an inspection by a board employee, that a licensee does not meet a requirement under the Liquor Code or the board's regulations that renders the licensee ineligible for the license, including instances when the licensee no longer meets the seating, square footage, food, health license or room requirements for the license, the board may immediately impose an administrative suspension of the operating privileges of the licensee and shall give written notice to the licensee as to the exact deficiency observed. The operating privileges shall remain suspended until the licensee can establish to the board's satisfaction that the licensee is again eligible for the license.

(2) If an employee of the bureau, a county department of public health or a county department of licenses and inspections or a similar employee of the Commonwealth or a municipality finds that a licensee does not meet the requirements of either the Liquor Code or the board's regulations as provided under paragraph (1), the employee may inform the board of the deficiency so that the board may proceed under paragraph (1).

(b) Procedure.--Section 464 of the Liquor Code and 42 Pa.C.S. § 933(a)(1)(v) (relating to appeals from government agencies) shall not apply to an administrative suspension under subsection (a)(1). If the board refuses to reinstate a suspended licensee's operating privileges, the suspended licensee may request a hearing before Commonwealth Court under 42 Pa.C.S. § 761(a)(4) (relating to original jurisdiction) solely on the issue of whether the suspended licensee is eligible for reinstatement of operating privileges. The Commonwealth Court shall hold a hearing within 10 days of the filing of the request for a hearing under this subsection.

(c) Cumulative sanctions.--An administrative suspension under subsection (a)(1) shall be in addition to any other penalty provided by law.

(d) Savings provisions.--Other violations of the Liquor Code or questions as to the continued fitness of a licensee, which are currently addressed through the citation process under section 471 of the Liquor Code or the board's nonrenewal process under section 470(a.1) of the Liquor Code shall continue to be addressed in that manner and not through the administrative suspension process under subsections (a)(1) and (b).

(e) Functions.--In addition to the enforcement powers and duties under section 211(a) of the Liquor Code, the bureau shall establish an inspection schedule which provides for the inspection of a premises licensed as a restaurant liquor establishment or licensed as an eating place establishment for compliance and issue citations for violations of the Liquor Code discovered during the inspection.

(f) 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:

"Board." The Pennsylvania Liquor Control Board.

"Bureau." The Bureau of Liquor Control Enforcement.

"Eating place." As defined in section 102 of the Liquor Code.

"License." A license under the Liquor Code.

"Licensee." A person that holds a license.

"Liquor Code." The act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.

"Restaurant." As defined in section 102 of the Liquor Code.

Section 1799.7-E. State Employees' Retirement System Restricted Account.

(a) Authority.--Notwithstanding any other law to the contrary, the State Employees' Retirement Board shall receive, as part of the amounts transferred to the board, an amount of $5,269,000 to be placed in a restricted account for use by the board.

(b) Use of funds.--The funds shall only be expended for the purpose of paying the administrative expenses of the board to establish and implement the State Employees' Defined Contribution Plan established under 71 Pa.C.S. Ch. 58 (relating to State employees' defined contribution plan).

(c) Nature of funds.--No funds may be transferred under subsection (a) that are otherwise required to be transferred to the board for any other purpose required by law.

Section 1799.8-E. Public School Employees' Retirement System Restricted Account.

(a) Authority.--From the amounts appropriated but unexpended for school employees' retirement for fiscal years prior to fiscal year 2017-2018, the sum of $6,801,000 shall be transferred to the Public School Employees' Retirement System and placed in a restricted account for use by the board.

(b) Use of funds.--The funds transferred under subsection (a) shall only be used for the purpose of paying the administrative expenses of the board to establish and implement the Public School Employees' Defined Contribution Plan established under 24 Pa.C.S. Ch. 84 (relating to school employees' defined contribution plan).

(c) Nature of funds.--No funds may be transferred under subsection (a) that are otherwise required to be transferred to the board for any other purpose required by law.

Section 17. Sections 1706-E.2 and 1708-E.2(i) of the act, added April 25, 2016 (P.L.168, No.25), are amended to read:

Section 1706-E.2. Sinking fund charges for school building projects.

The following shall apply:

(1) All school districts which submitted completed applications to the department prior to the effective date of this section, and which vote to proceed with construction and awarded bids on their construction contracts no later than July 1, [2019] 2021 , shall, as permitted by law, either be awarded a one-time capital grant, if available, for the approved project in lieu of approved reimbursement payments or, if not available, shall receive payments in the form of reimbursements.

(2) The department shall administer the payments due and payable under this section, and shall determine the amount of the capital grant due each school district which shall not exceed the maximum reimbursable project amount.

Section 1708-E.2. Public School Building Construction and Reconstruction Advisory Committee.

(i) Report.--The committee shall issue a report not later than [May 15, 2017] January 31, 2018 , of the committee's findings to the Governor, the President pro tempore of the Senate, the Majority Leader and Minority Leader of the Senate, the Appropriations Committee and Education Committee of the Senate, the Speaker of the House of Representatives, the Majority Leader and Minority Leader of the House of Representatives, the Appropriations Committee and Education Committee of the House of Representatives and the Secretary of Education.

Section 18. 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-F and XVII-G of the act are repealed.

Section 19. The act is amended by adding articles to read:

ARTICLE XVII-F

2017-2018 BUDGET IMPLEMENTATION

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 1701-F. Applicability.

Except as specifically provided in this article, this article applies to the General Appropriation Act of 2017 and all other appropriation acts of 2017.

Section 1702-F. 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:

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

"General Appropriation Act of 2017." The act of July 11, 2017 (P.L.1279, No.1A), known as the General Appropriation Act of 2017.

"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-F. Department of Criminal Justice.

For the purposes of the act of July 11, 2017 (P.L.1279, No.1A), known as the General Appropriation Act of 2017, a reference to the Department of Criminal Justice shall be deemed to be a reference to the Department of Corrections, the Pennsylvania Board of Probation and Parole, or both, as applicable.

SUBARTICLE B

EXECUTIVE DEPARTMENTS

Section 1711-F. Governor.

Notwithstanding any other provision of law, the authorization for the transfer of funds under 35 Pa.C.S. § 7604(a) (relating to budgetary considerations) shall be $30,000,000 for the 2017-2018 fiscal year.

Section 1712-F. Executive offices.

The following apply:

(1) Money appropriated to the Pennsylvania Commission on Crime and Delinquency 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) From money appropriated to the commission, the following apply:

(i) No less than the amount used in the 2014-2015 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 the amount used in the 2014-2015 fiscal year shall be used for a residential treatment community facility for at-risk youth located in a county of the fifth class.

(iii) From the amount appropriated, $100,000 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) From the amount appropriated, $200,000 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.

(3) From money appropriated for violence and delinquency prevention programs, no less than the amount used in the 2014-2015 fiscal year shall be used for programs in a city of the second class, and no less than the amount used in the 2014- 2015 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-F. Lieutenant Governor (Reserved).

Section 1714-F. Attorney General.

From funds available to the Office of Attorney General, $100,000 shall be allocated to dedicated emergency response organizations or municipal police departments in a county of the third class with a population between 340,000 and 355,000 under the 2010 Federal decennial census. Funding shall be used for training and the purchase of personalized radio transmitting devices or other technology that enables caregivers to search for and locate missing persons with special needs.

Section 1715-F. Auditor General.

The following apply:

(1) The Auditor General shall audit the Susquehanna River Basin Commission. The audit shall include a comprehensive examination of the books, documents, records, files, accounts, papers, things and property of the Susquehanna River Basin Commission to determine all of the following:

(i) The cost of salaries, benefits and other compensation provided to the officers and employees of the Susquehanna River Basin Commission.

(ii) The cost of expense reimbursements provided to the officers and employees of the Susquehanna River Basin Commission.

(iii) Other fixed and variable costs of the commission.

(iv) The potential for improved efficiencies and overall cost reductions, including an analysis of duplication of Commonwealth efforts and the ability to share equipment, services or personnel with Commonwealth and local agencies.

(v) Contributions to the Susquehanna River Basin Commission by the Commonwealth or any person within this Commonwealth, whether via appropriations, fees, penalties or otherwise, in comparison to other signatory parties.

(vi) The impact of the fees and penalties of the Susquehanna River Basin Commission on public and private entities within the Commonwealth.

(vii) Any other information that the Auditor General deems advisable.

(2) The Auditor General shall audit the Delaware River Basin Commission. The audit shall include a comprehensive examination of the books, documents, records, files, accounts, papers, things and property of the Delaware River Basin Commission to determine all of the following:

(i) The cost of salaries, benefits and other compensation provided to the officers and employees of the Delaware River Basin Commission.

(ii) The cost of expense reimbursements provided to the officers and employees of the Delaware River Basin Commission.

(iii) Other fixed and variable costs of the Delaware River Basin Commission.

(v) Contributions to the Delaware River Basin Commission by the Commonwealth, or any person within this Commonwealth, whether via appropriations, fees, penalties or otherwise, in comparison to other signatory parties.

(vi) The impact of the fees and penalties of the Delaware River Basin Commission on public and private entities within this Commonwealth.

(vii) Any other information that the Auditor General deems advisable.

Section 1716-F. Treasury Department (Reserved).

Section 1717-F. Department of Aging (Reserved).

Section 1718-F. Department of Agriculture.

The following apply:

(1) From money appropriated for general government operations, no less than the amount transferred in the 2014-2015 fiscal year shall be transferred to the Dog Law Restricted Account.

(2) From money appropriated for general government operations, at least $250,000 shall be used for the creation of the Commission of Agricultural Education Excellence to assist in development and implementation of agricultural education programming.

(3) From money appropriated for agricultural research, no less than $300,000 shall be used for an agricultural resource center and no less than $100,000 shall be used for agricultural law research programs, including those addressing energy development, in conjunction with a land-grant university.

(4) 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.

(5) 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 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) to issue grants not to exceed $3,000 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-F. Department of Community and Economic Development.

The following shall apply to appropriations for the Department of Community and Economic Development:

(1) From money appropriated for general government operations, at least $150,000 shall be used to support an engineering study related to infrastructure investment and marketing for an industrial development area in a county of the sixth class with a population of at least 45,950 but not more than 46,500 under the most recent Federal decennial census.

(2) From money appropriated for marketing to attract tourists:

(i) $4,067,000 to fund the activities of the tourism office within the department; and

(ii) the remaining amount includes an allocation to plan and market a biennial arts and cultural activity that generates Statewide and regional economic impact, allocations to promote annual arts and cultural activities and an allocation of $500,000 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, the following apply:

(i) $6,357,000 shall be used to fund the Main Street Program, Elm Street Program and Enterprise Zone Program. The allocation for the Main Street Program and Elm Street Program shall be distributed in the same proportion as amounts allocated in fiscal year 2012-2013.

(ii) $500,000 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) $600,000 shall be used for a community development and remediation project in a city of the third class with a population greater than 6,800 and less than 7,600 during the most recent Federal decennial census.

(iv) 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 or other situations that pose a public safety danger. 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. 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.

Section 1720-F. Department of Conservation and Natural Resources.

The following shall apply to appropriations for the Department of Conservation and Natural Resources:

(1) From money appropriated for State parks operations, no less than $2,250,000 shall be used for the operation and maintenance of the Washington Crossing Historic Park.

(2) (Reserved).

Section 1721-F. Department of Corrections.

From the appropriation for general government operations of the Department of Criminal Justice under section 212 of the General Appropriation Act of 2017, at least $1,500,000 shall be used by the Department of Corrections for a nonnarcotic medication assisted substance abuse treatment grant pilot program.

Section 1721.1-F. Department of Drug and Alcohol Programs (Reserved).

Section 1722-F. Department of Education.

The following shall apply to appropriations for 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 the amount allocated in the 2014-2015 fiscal year shall be allocated 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.

(2) From money appropriated for Pennsylvania Charter Schools for the Deaf and Blind, $816,000 shall be distributed pro rata based on each school's increased share of required contributions for public school employees' retirement.

(3) The following shall apply:

(i) Notwithstanding any other provision of law, funds set aside under section 2509.8 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, shall include an allocation for an approved private school which received a payment under section 1722-L(6).

(ii) The allocation under this paragraph shall be in an amount equal to the amount allocated to an approved private school under section 1722-L(6) for the 2015-2016 fiscal year.

(iii) The allocation under this paragraph shall be in addition to an allocation from an appropriation for approved private schools.

(iv) For the purposes of the formula for approved private schools under section 1376 of the Public School Code of 1949 for the 2018-2019 fiscal year, a payment made under this paragraph shall be considered part of the base allocation in section 1376(a.2) of the Public School Code of 1949.

(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) From money appropriated for regional community college services, all of the following shall apply:

(i) $900,000 shall be distributed to a community college in a county of the fourth class with a population, based on the most recent Federal decennial census, of at least 175,000 but not more than 190,000.

(ii) $5,000,000 shall be distributed to a college established under Article XIX-G of the Public School Code of 1949.

(iii) $350,000 shall be distributed for a county of the sixth class with a population of 75,000 to 85,000 under the most recent Federal decennial census to establish a program that targets postsecondary students.

(6) Notwithstanding any other provision of law, money appropriated for community education councils shall be distributed as follows:

(i) For a community education council headquartered in Armstrong County, $167,000.

(ii) For a community education council headquartered in Elk County, $260,000.

(iii) For a community education council headquartered in Erie County, $246,000.

(iv) For a community education council headquartered in Lawrence County, $116,000.

(v) For a community education council headquartered in Potter County, $344,580.

(vi) For a community education council headquartered in Schuylkill County, $304,189.

(vii) For a community education council headquartered in Venango County, $338,000.

(viii) For a community education council headquartered in Warren County, $270,000.

(ix) For a community education council headquartered in Wayne County, $300,000.

(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 from money appropriated for school employees' Social Security.

(8) Notwithstanding section 1724-A of the Public School 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-F. Department of Environmental Protection.

The following apply:

(1) Funds appropriated for support of the Susquehanna River Basin Commission shall be expended as follows:

(i) No more than 25% of the amount appropriated may be expended each quarter of the fiscal year.

(ii) For each quarter of the fiscal year, amounts shall be used as follows:

(A) For quarterly reimbursement to the Auditor General for the costs incurred in auditing the Susquehanna River Basin Commission under section 1715-F(1).

(B) Any amount that may be expended in each quarter after reimbursement under clause (A) shall be used for purposes provided under the act of July 17, 1968 (P.L.368, No.181), referred to as the Susquehanna River Basin Compact Law.

(2) Funds appropriated for support of the Delaware River Basin Commission shall be expended as follows:

(i) No more than 25% of the amount appropriated may be expended each quarter of the fiscal year.

(ii) For each quarter of the fiscal year, amounts shall be used as follows:

(A) For quarterly reimbursement to the Auditor General for the costs incurred in auditing the Delaware River Basin Commission under section 1715-F(2).

(B) Any amount that may be expended in each quarter after reimbursement under clause (A) shall be used for purposes provided under the act of July 7, 1961 (P.L.518, No.268), known as the Delaware River Basin Compact.

Section 1724-F. Department of General Services.

From money appropriated 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-F. Department of Health.

The following apply:

(1) From money appropriated for general government operations, sufficient money shall be included for the coordination of donated dental services and $100,000 is included for outreach for Charcot-Marie-Tooth syndrome.

(2) From money appropriated for adult cystic fibrosis and other chronic respiratory illnesses, no less than the amount used in the 2014-2015 fiscal year shall be used for a program promoting cystic fibrosis research in a county of the second class, and no less than the amount used in the 2014-2015 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.

(3) Money appropriated for lupus programs shall be distributed in the same proportion as distributed in fiscal year 2014-2015.

(4) 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, for genetic and molecular research for disease identification and eradication, for nanotechnology and for the commercialization of applied research.

Section 1726-F. Insurance Department (Reserved).

Section 1727-F. Department of Labor and Industry.

The following shall apply to appropriations for the Department of Labor and Industry:

(1) From money appropriated to the department for transfer to the Vocational Rehabilitation Fund, the department shall allocate money to provide services under the act of May 17, 2016 (P.L.216, No.26), known as the Work Experience for High School Students with Disabilities Act.

(2) From money appropriated for Industry Partnerships, no less than the amount allocated in the 2014-2015 fiscal year shall be allocated 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.

Section 1728-F. Department of Military and Veterans Affairs.

From the appropriation for behavioral health support for veterans, $750,000 shall be used for programs providing treatment for posttraumatic stress disorder for veterans.

Section 1729-F. Department of Human Services.

The following shall apply to appropriations for the Department of Human Services:

(1) From the appropriation for general government operations of the Department of Human Services, $750,000 shall be allocated to establish a Statewide 2-1-1 system grant program to be used for the following purposes:

(i) To provide Statewide 2-1-1 system services 24 hours a day, including to regions of this Commonwealth that do not have access to a provider of 2-1-1 system services.

(ii) To expand access to 2-1-1 system services through text-to-chat mobile application and the Internet.

(iii) To permit the disbursement of funds to regional providers of 2-1-1 system services for satisfying 2-1-1 quality assurance standards used by similar programs in other states.

(2) The following shall apply:

(i) The department, upon approval of the secretary, may transfer Federal money appropriated for TANFBG Child Care Assistance to the CCDFBG Child Care Services appropriation to provide child-care services to additional low-income families if the transfer of money will not result in a deficit in the appropriation. The secretary shall provide notice 10 days prior to a transfer under this subparagraph to 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.

(ii) The department, upon approval of the secretary, may transfer Federal money appropriated for CCDFBG Child Care Assistance to the CCDFBG Child Care Services appropriation to provide child-care services to additional low-income families, provided that the transfer of money will not result in a deficit in the appropriation. The secretary shall provide notice 10 days prior to a transfer under this subparagraph to 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.

(3) From money appropriated for mental health services or from Federal money, $580,000 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.

(4) The following shall apply:

(i) Payments to hospitals for Community Access Fund grants shall be distributed under the formulas utilized for these grants in fiscal year 2014-2015. If the total funding available under this subparagraph is less than that available in fiscal year 2014-2015, payments shall be made on a pro rata basis.

(ii) Amounts allocated from money appropriated for fee for service used for the Select Plan for Women Preventative Health Services shall be used for women's medical services, including noninvasive contraception supplies.

(iii) Notwithstanding any other law, money appropriated for medical assistance payments for fee-for- service care, exclusive of inpatient services provided through capitation plans, shall include sufficient money for two separate All Patient Refined Diagnostic Related Group payments for inpatient acute care general hospital stays for:

(A) normal newborn care; and

(B) mothers' obstetrical delivery.

(iv) From money appropriated for medical assistance fee-for-service care, the following apply:

(A) No less than the amount used in the 2014- 2015 fiscal year shall be used for cleft palates and other craniofacial anomalies.

(B) At least $800,000 shall be distributed to a hospital for clinical ophthalmologic services located in a city of the first class.

(C) No less than the amount distributed in the 2014-2015 fiscal year shall be distributed for improvements to an intensive care facility in an acute care hospital located in a city of the first class.

(D) At least $5,000,000 shall be distributed to a hospital in a city of the third class in a home rule county that was formerly a county of the second class A.

(E) At least $2,000,000 shall be distributed to a university located in a city of the first class to expand research and treatment protocols for combating opioid addiction.

(v) From money appropriated for medical assistance capitation, no less than the amount used in the 2014-2015 fiscal year shall be used for prevention and treatment of depression and its complications in older Pennsylvanians in a county of the second class.

(vi) From money appropriated for medical assistance long-term care, no less than the amount distributed in the 2014-2015 fiscal year shall be distributed to a county nursing home located in a home rule county that was formerly a county of the second class A with more than 725 beds and a Medicaid acuity at 0.79 as of August 1, 2015, $1,000,000 shall be distributed to a nonpublic nursing home located in a county of the first class with more than 395 beds and a Medicaid acuity at 1.14 as of August 1, 2017, to ensure access to necessary nursing care in that county and $5,000,000 shall be distributed to a nonpublic nursing home located in a county of the eighth class with more than 119 beds and a Medicaid acuity of 1.02 as of August 1, 2017, to ensure access to necessary nursing home care in that county.

(vii) From money appropriated for medical assistance long-term care, no less than $850,000 shall be allocated to a special rehabilitation facility in Peer Group Number 13 in a city of the third class with a population between 115,000 and 120,000 based upon 2010 census data, and an additional $750,000 shall be paid in equal payments to nursing facilities that qualified for supplemental ventilator care and tracheostomy care payments in fiscal year 2014-2015 with a percentage of medical assistance recipient residents who required medically necessary ventilator care or tracheostomy care greater than 90%.

(viii) Subject to Federal approval of necessary amendments of the Title XIX State Plan, from funds appropriated for medical assistance long-term care, $8,000,000 is allocated for medical assistance day-one incentive payments to qualified nonpublic nursing facilities under methodology and criteria under section 443.1(7)(vi) of the Human Services Code.

(ix) Federal or State money appropriated under the General Appropriation Act of 2017, in accordance with Article VIII-H of the Human Services Code, not used to make payments to hospitals qualifying as Level III trauma centers or seeking accreditation as Level III trauma centers shall be used to make payments to hospitals qualifying as Levels I and II trauma centers.

(x) Qualifying academic medical centers which received money for fiscal year 2016-2017 shall not receive any less than the State appropriation made available to those academic medical centers during fiscal year 2016-2017.

(xi) In addition to the money appropriated under subparagraph (x), the following shall apply:

(A) A qualifying academic medical center with a regional campus located in a county of the fourth class shall receive an additional $1,000,000.

(B) A qualifying academic medical center located in a county of the eighth class with a population of more than 18,000 under the 2010 Federal decennial census shall receive an additional $500,000.

(C) A qualifying academic medical center located in a county of the second class shall receive an additional $500,000.

(D) A qualifying academic medical center located in a county of the third class with a population between 279,000 and 282,000 under the 2010 Federal decennial census shall receive an additional $1,000,000 and an academic medical center located in a city of the first class that did not receive funding during fiscal year 2010-2011 shall receive an additional $500,000.

(xii) Qualifying university-affiliated physician practice plans which received funds for fiscal year 2014- 2015 shall not receive any less than the State appropriation made available to those university- affiliated physician practice plans during fiscal year 2014-2015. From money appropriated for physician practice plans:

(A) $1,500,000 shall be distributed to a health system, containing a physician practice plan, located in a city of the first class and a contiguous county of the second class A which did receive funding during fiscal year 2015-2016;

(B) at least $500,000 shall be distributed to a physician practice plan serving a health system located in a city of the first class and two contiguous counties of the second class A that has an independent academic center which did receive funding during fiscal year 2014-2015; and

(C) $1,500,000 shall be distributed to an acute care hospital affiliated with an academic medical center located in a city of the second class in a county of the second class that provides services to Medicaid recipients and uninsured persons.

(xiii) Money appropriated for medical assistance transportation shall only be utilized as a payment of last resort for transportation for eligible medical assistance recipients.

(5) The following shall apply:

(i) Money appropriated for breast cancer screening may be used for women's medical services, including noninvasive contraception supplies.

(ii) (Reserved).

(6) The following shall apply:

(i) Money appropriated for women's service programs grants to nonprofit agencies whose primary function is to promote childbirth and provide alternatives to abortion shall be expended to provide services to women until childbirth and for up to 12 months thereafter, including food, shelter, clothing, health care, counseling, adoption services, parenting classes, assistance for postdelivery stress and other supportive programs and services and for related outreach programs. Agencies may subcontract with other nonprofit entities that operate projects designed specifically to provide all or a portion of these services. Projects receiving money referred to in this subparagraph shall not promote, refer for or perform abortions or engage in any counseling which is inconsistent with the appropriation referred to in this subparagraph and shall be physically and financially separate from any component of any legal entity engaging in such activities.

(ii) Federal funds appropriated for TANFBG Alternatives to Abortion shall be utilized solely for services to women whose gross family income is below 185% of the Federal poverty guidelines.

(7) From money appropriated for autism intervention and services, no less than the amount distributed in the 2014- 2015 fiscal year shall be distributed as follows:

(i) to a behavioral health facility located in a fifth class county with a population between 130,000 and 135,000 under the 2010 Federal decennial census that operates a center for autism and developmental disabilities;

(ii) to an institution of higher education that provides autism education and diagnostic curriculum located in a city of the first class that operates a center for autism in a county of the second class A;

(iii) to an institution of higher education that provides autism education and diagnostic curriculum and is located in a county of the second class;

(iv) for programs to promote the health and fitness of persons with developmental disabilities located in a city of the first class; and

(v) $500,000 shall be allocated for the expansion of an adult autism program in a county of the third class.

(8) Money appropriated for community-based family centers may not be considered as part of the base for calculation of the county child welfare needs-based budget for a fiscal year.

(8.1) From money appropriated for community-based family centers, no less than $235,000 shall be allocated to a program for early literacy and school readiness which is labeled as a promising approach under the Maternal, Infant and Early Childhood Home Visiting Program and has submitted data to the United States Department of Health and Human Services to be qualified as an evidence-based home visiting model.

(9) From money appropriated to child care services, $150,000 shall be distributed to an early education center in a county of the third class with the third most populous city as of the 2010 census having a minimum total enrollment of 90, serving at least 40 children 13 months of age to children of kindergarten age with both a STAR 4 rating from Keystone STARS and accreditation by the National Association for the Education of Young Children.

(10) The appropriation for blind and visual services includes an allocation for a Statewide professional services provider association for the blind to provide training and supportive services for individuals who are blind and preschool vision screenings and eye safety education and an allocation to provide specialized services and prevention of blindness services in cities of the first class. Allocations shall be made in the amounts used for those purposes in fiscal year 2014-2015.

(11) To supplement the money appropriated to the department for medical assistance for workers with disabilities, in addition to the monthly premium established under section 1503(b)(1) of the act of June 26, 2001 (P.L.755, No.77), known as the Tobacco Settlement Act, the department may adjust the percentage of the premium upon approval of the Centers for Medicare and Medicaid Services as authorized under Federal requirements. Failure to make payments in accordance with this paragraph or section 1503(b)(1) of the Tobacco Settlement Act shall result in the termination of medical assistance coverage.

(12) The provisions of 8 U.S.C. §§ 1611 (relating to aliens who are not qualified aliens ineligible for Federal public benefits), 1612 (relating to limited eligibility of qualified aliens for certain Federal programs) and 1642 (relating to verification of eligibility for Federal public benefits) shall apply to payments and providers.

(13) A provider under section 704.3 of the Human Services Code shall submit documentation of its costs of providing services to the department and the department shall use the documentation, to the extent necessary, to support the department's claim for Federal funding and for State reimbursement for allowable direct and indirect costs incurred in the provision of out-of-home placement services.

Section 1730-F. Department of Revenue.

The following shall apply to appropriations for the Department of Revenue:

(1) The Enhanced Revenue Collection Account shall continue as a restricted account within the General Fund through fiscal year 2019-2020. Revenues collected and the amount of refunds avoided as a result of expanded tax return reviews and tax collection activities shall be deposited into the restricted account. The following shall apply:

(i) Of the money transferred under this paragraph in the account, for each of the fiscal years 2017-2018 through 2019-2020, up to $30,000,000 is appropriated to the department to fund the costs associated with expanded tax return reviews and tax collection activities. The balance of the money in the account shall be returned proportionately to the General Fund revenue or refund accounts that were the source of the money no later than the 28th day of each month of the fiscal year.

(ii) The department shall issue a report to the Governor, the chairperson and the minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives by June 1, 2018, and by each June 1 thereafter, with the following information:

(A) A detailed breakdown of the department's administrative costs in implementing expanded tax return reviews and tax collection activities.

(B) The amount of revenue collected and the amount of refunds avoided as a result of the expanded tax return reviews and tax collection activities, including the type of tax generating the revenue and avoided refunds.

(2) (Reserved).

Section 1731-F. Department of State (Reserved).

Section 1732-F. Department of Transportation.

The following shall apply to appropriations for the Department of Transportation:

(1) From amounts appropriated or any other money used by the department during the 2017-2018 fiscal year, the department may not use direct mail inserts in mailings from the department. As used in this paragraph, the term "direct mail inserts" includes coupons for commercial services, advertising materials for a private commercial entity and departmental documents which are sponsored by a private commercial entity.

(2) (Reserved).

Section 1733-F. Pennsylvania State Police (Reserved).

Section 1734-F. State Civil Service Commission (Reserved).

Section 1735-F. Pennsylvania Emergency Management Agency.

The following shall apply to appropriations for the Pennsylvania Emergency Management Agency:

(1) Money appropriated for search and rescue programs shall be used to support programs related to training working service dogs focusing on rescue and public safety.

(2) (Reserved).

Section 1736-F. Pennsylvania Fish and Boat Commission (Reserved).

Section 1737-F. State System of Higher Education (Reserved).

Section 1737.1-F. State-related institutions (Reserved).

Section 1738-F. Pennsylvania Higher Education Assistance Agency.

The following shall apply to appropriations for the Pennsylvania Higher Education Assistance Agency:

(1) The Pennsylvania Higher Education Assistance Agency shall enter into an agreement with the Department of Health to transfer up to $4,550,000 from the Higher Education Assistance Fund to the Department of Health for the purposes set forth in Chapter 13 of the act of December 2, 1992 (P.L.741, No.113), known as the Children's Health Care Act.

(2) The Pennsylvania Higher Education Assistance Agency shall allocate $500,000 from the Higher Education Assistance Fund for the Cheyney University Keystone Honors Academy.

(3) From funds appropriated for payment of education assistance grants, the amount of $500,000 shall be allocated to a State-owned university located in Tioga County for merit scholarships.

Section 1739-F. Pennsylvania Historical and Museum Commission (Reserved).

Section 1740-F. Pennsylvania Infrastructure Investment Authority (Reserved).

Section 1741-F. Environmental Hearing Board (Reserved).

Section 1742-F. Pennsylvania Board of Probation and Parole (Reserved).

Section 1743-F. (Reserved).

Section 1744-F. (Reserved).

Section 1745-F. (Reserved).

Section 1746-F. (Reserved).

Section 1747-F. (Reserved).

Section 1748-F. Commonwealth Financing Authority (Reserved).

Section 1749-F. Thaddeus Stevens College of Technology (Reserved).

Section 1750-F. Pennsylvania Housing Finance Agency (Reserved).

Section 1751-F. LIHEABG (Reserved).

SUBARTICLE C

STATE GOVERNMENT SUPPORT AGENCIES

Section 1761- F. Health Care Cost Containment Council (Reserved).

Section 1762-F. State Ethics Commission (Reserved).

Section 1763-F. Legislative Reference Bureau (Reserved).

Section 1764-F. Legislative Budget and Finance Committee (Reserved).

Section 1765-F. Legislative Data Processing Committee (Reserved).

Section 1766-F. Joint State Government Commission (Reserved).

Section 1767-F. Joint Legislative Air and Water Pollution Control and Conservation Committee (Reserved).

Section 1768-F. Legislative Audit Advisory Commission (Reserved).

Section 1769-F. Independent Regulatory Review Commission (Reserved).

Section 1770-F. Capitol Preservation Committee (Reserved).

Section 1771-F. Pennsylvania Commission on Sentencing (Reserved).

Section 1772-F. Center for Rural Pennsylvania (Reserved).

Section 1773-F. Commonwealth Mail Processing Center (Reserved).

Section 1774-F. Transfers (Reserved).

SUBARTICLE D

JUDICIAL DEPARTMENT

Section 1781-F. Supreme Court (Reserved).

Section 1782-F. Superior Court (Reserved).

Section 1783-F. Commonwealth Court (Reserved).

Section 1784-F. Courts of common pleas (Reserved).

Section 1785-F. Community courts; magisterial district judges (Reserved).

Section 1786-F. Philadelphia Traffic Court (Reserved).

Section 1787-F. Philadelphia Municipal Court (Reserved).

Section 1788-F. Judicial Conduct Board (Reserved).

Section 1789-F. Court of Judicial Discipline (Reserved).

Section 1790-F. Juror cost reimbursement (Reserved).

Section 1791-F. County court reimbursement (Reserved).

Section 1792-F. Senior judges (Reserved).

Section 1793-F. Transfer of money by Supreme Court (Reserved).

SUBARTICLE E

GENERAL ASSEMBLY

(Reserved)

ARTICLE XVII-G

2017-2018 RESTRICTIONS ON APPROPRIATIONS

FOR FUNDS AND ACCOUNTS

Section 1701-G. Applicability.

Except as specifically provided in this article, this article applies to the act of July 11, 2017 (P.L.1279, No.1A), known as the General Appropriation Act of 2017, and all other appropriation acts of 2017.

Section 1702-G. State Lottery Fund.

The following apply:

(1) Money appropriated for PENNCARE shall not be utilized for administrative costs by the Department of Aging.

(2) (Reserved).

Section 1703-G. Tobacco Settlement Fund (Reserved).

Section 1704-G. Judicial Computer System Augmentation Account (Reserved).

Section 1705-G. Emergency Medical Services Operating Fund (Reserved).

Section 1706-G. The State Stores Fund (Reserved).

Section 1707-G. Motor License Fund (Reserved).

Section 1708-G. Aviation Restricted Account (Reserved).

Section 1709-G. Hazardous Material Response Fund (Reserved).

Section 1710-G. Milk Marketing Fund (Reserved).

Section 1711-G. HOME Investment Trust Fund (Reserved).

Section 1712-G. Tuition Account Guaranteed Savings Program Fund (Reserved).

Section 1713-G. Banking Fund (Reserved).

Section 1714-G. Firearm Records Check Fund (Reserved).

Section 1715-G. Ben Franklin Technology Development Authority Fund (Reserved).

Section 1716-G. Oil and Gas Lease Fund (Reserved).

Section 1717-G. Home Improvement Account (Reserved).

Section 1718-G. Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund (Reserved).

Section 1719-G. Insurance Regulation and Oversight Fund (Reserved).

Section 1720-G. Pennsylvania Race Horse Development Restricted Receipts Account (Reserved).

Section 1721-G. Justice Reinvestment Fund.

The following shall apply:

(1) Section 8.1(f) of the act of November 22, 1978 (P.L.1166, No.274), referred to as the Pennsylvania Commission on Crime and Delinquency Law, shall not apply to fiscal year 2017-2018.

(2) (Reserved).

Section 1722-G. Multimodal Transportation Fund (Reserved).

Section 1723-G. State Racing Fund (Reserved).

Section 1724-G. ABLE Savings Program Fund (Reserved).

Section 1725-G. Restricted receipt accounts.

(a) General provisions.--The secretary may create restricted receipt accounts for the purpose of administering Federal grants only for the purposes designated in this section.

(b) Department of Community and Economic Development.--The following restricted receipt accounts may be established for the Department of Community and Economic Development:

(1) ARC Housing Revolving Loan Program.

(2) (Reserved).

(c) Department of Conservation and Natural Resources.--The following restricted receipt accounts may be established for the Department of Conservation and Natural Resources:

(1) Federal Aid to Volunteer Fire Companies.

(2) Land and Water Conservation Fund Act of 1965 (Public Law 88-578, 16 U.S.C. § 460l-4 et seq.).

(3) National Forest Reserve Allotment.

(d) Department of Education.--The following restricted receipt accounts may be established for the Department of Education:

(1) Education of the Disabled - Part C.

(2) LSTA - Library Grants.

(3) The Pennsylvania State University Federal Aid.

(4) Emergency Immigration Education Assistance.

(5) Education of the Disabled - Part D.

(6) Homeless Adult Assistance Program.

(7) Severely Handicapped.

(8) Medical Assistance Reimbursements to Local Education Agencies.

(e) Department of Environmental Protection.--The following restricted receipt accounts may be established for the Department of Environmental Protection:

(1) Federal Water Resources Planning Act.

(2) Flood Control Payments.

(3) Soil and Water Conservation Act - Inventory of Programs.

(f) Department of Drug and Alcohol Programs.--The following restricted receipt accounts may be established for the Department of Drug and Alcohol Programs:

(1) Share Loan Program.

(2) (Reserved).

(g) Department of Transportation.--The following restricted receipt accounts may be established for the Department of Transportation:

(1) Capital Assistance Elderly and Handicapped Programs.

(2) Railroad Rehabilitation and Improvement Assistance.

(3) Ridesharing/Van Pool Program - Acquisition.

(h) Pennsylvania Emergency Management Agency.--The following restricted receipt accounts may be established for the Pennsylvania Emergency Management Agency:

(1) Receipts from Federal Government - Disaster Relief - Disaster Relief Assistance to State and Political Subdivisions.

(2) (Reserved).

(i) Pennsylvania Historical and Museum Commission.--The following restricted receipt accounts may be established for the Pennsylvania Historical and Museum Commission:

(1) Federal Grant - National Historic Preservation Act (Public Law 89-665, 80 Stat. 915).

(2) (Reserved).

(j) Executive offices.--The following restricted receipt accounts may be established for the executive offices:

(1) Retired Employees Medicare Part D.

(2) Justice Assistance.

(3) Juvenile Accountability Incentive.

(4) Early Retiree Reinsurance Program.

Section 1726-G. Fund transfers.

During the 2017-2018 fiscal year, $300,000,000 shall be transferred from amounts available in special funds and restricted accounts to the General Fund. The transfers under this section shall be in accordance with the following:

(1) The Secretary of the Budget shall transmit to the State Treasurer a list of amounts to be transferred from special funds and restricted accounts to the General Fund.

(2) Upon receipt of the list under paragraph (1), the State Treasurer shall cause the transfers under paragraph (1) to occur.

Section 19.1. Section 18 and the addition of Article XVII-F of the act shall apply retroactively to July 11, 2017.

Section 20. Repeals are as follows:

(1) The General Assembly declares that the repeals under paragraph (2) are necessary to effectuate the amendment or addition of sections 1601-E and 1601.2-E of the act.

(2) The following provisions are repealed:

(i) The act of December 15, 1955 (P.L.865, No.256), entitled "An act requiring rents and royalties from oil and gas leases of Commonwealth land to be placed in a special fund to be used for conservation, recreation, dams, and flood control; authorizing the Secretary of Forests and Waters to determine the need for and location of such projects and to acquire the necessary land."

(ii) 58 Pa.C.S. §§ 2504 and 2505.

(3) The General Assembly declares that the repeal under paragraph (4) is necessary to effectuate the addition of section 1603-M of the act.

(4) 53 Pa.C.S. § 57B02(c)(1)(i) and (ii) are repealed.

(5) The General Assembly declares that the repeal under paragraph (6) is necessary to effectuate the addition of section 1795.1-E (b)(2) of the act.

(6) 42 Pa.C.S. § 4907 is repealed.

(7) The General Assembly declares that the repeal under paragraph (8) is necessary to effectuate the addition of Article II-D of the act.

(8) Article XV-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, is repealed.

Section 21. This act shall take effect as follows:

(1) The addition of section 215 of the act shall take effect in 365 days.

(2) The addition of Subarticle F of Article XVII-A.1 of the act shall take effect in 30 days.

(3) The addition of section 1729-E(4) of the act shall take effect in 60 days.

(4) The remainder of this act shall take effect immediately.

APPROVED--The 30th day of October, A.D. 2017.

TOM WOLF

Pennsylvania Act 2017-44 — FISCAL CODE - OMNIBUS AMENDMENTS

Act text

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