Pennsylvania Act 2010-46 — FISCAL CODE - OMNIBUS AMENDMENTS

Act text

Session of 2010

No. 2010-46

SB 1042

AN ACT

Amending the act of April 9, 1929 (P.L.343, No.176), entitled, as amended, "An act relating to the finances of the State government; providing for 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," further providing for investment, for State depositories, for requisitions, for audit of requisitions and issuance of warrants and for payments; providing for additional transfer, for bonds, for educational tax credits, for permit extensions, for heritage areas and for special provisions relating to victims of crime; further providing for the Pennsylvania Emergency Management Agency, for the Judicial Computer System Augmentation Account and for the Access to Justice Account; providing for the State Gaming Fund; further providing for the Tobacco Settlement Fund; providing for 2010-2011 budget implementation, for 2010-2011 restrictions on appropriations for funds and accounts and for retirement; and making related repeals.

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

Section 1. Section 301.1(i) of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, amended July 4, 2008 (P.L.629, No.53), is amended to read:

Section 301.1. Investment of Moneys.--* * *

(i) (1) Notwithstanding subsections (a) through (h), the Treasury Department shall have the exclusive management and full power to invest and reinvest the moneys of any fund as shall be accumulated beyond the ordinary needs of the various funds and which are not authorized by law to be invested by any board, commission or State officer, subject, however, to the prudent investor standard.

(1.1) When investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, the Treasury Department shall act as a fiduciary with care, skill, prudence and diligence under the circumstances then prevailing, specifically including, but not limited to, the general economic conditions and the anticipated needs of the funds, that a prudent person acting in a like capacity and with familiarity with those matters would use in the conduct of funds of a like character and with like objectives. The following shall apply:

(i) The primary objective of the Treasury Department shall be to safeguard the principal of the funds. The secondary objective shall be to meet the liquidity needs of the funds. The third objective shall be to achieve a return on the funds.

(ii) The prudent investor standard embraces the duty of loyalty whereby actions must be in accordance with the sole purpose doctrine to accomplish the prudent investor objectives and not in pursuit of other objectives except as otherwise provided by statute.

(iii) The prudent investor standard embraces the duty to monitor the ongoing circumstances of investments for ongoing appropriateness of investments to meet the prudent investor objectives.

(iv) The Treasury Department shall have the power and authority to invest in securities subject to the then prevailing standards that institutional investors employ in the context of investment decisions made with consideration of fiduciary standards.

(v) The Treasury Department shall maintain and publish a list of prohibited investments within its investment policy.

(2) The authority to invest or reinvest the moneys of any fund pursuant to this subsection shall expire December 31, [2010] 2014 . The Treasury Department may maintain investments pursuant to this subsection which are in existence on the expiration date in this paragraph for not more than two years following such expiration date.

Section 2. Section 505(a) and (c) of the act, amended June 28, 1951 (P.L.601, No.152), December 14, 1967 (P.L.810, No.347), December 1, 1971 (P.L.581, No.151) and July 11, 1980 (P.L.554, No.115), are amended to read:

Section 505. State Depositories.--The Board of Finance and Revenue shall have the power, and its duty shall be,

(a) To select and designate, as depositories for the State moneys, banks, banking institutions, trust companies or savings and loan associations, which are subject to national or State supervision, and the accounts of which are insured by a corporation organized under the Laws of the Commonwealth, or by an instrumentality of the Federal Government, and each of which,

1. Has made written application to the State Treasurer for a deposit of State moneys, designating the amount of deposit solicited, and accompanying its application by a written statement showing the amount of its capital actually paid in, the amount of its surplus, the number of its stockholders, and whether its stock is well distributed or largely held by a few individuals, and the length of time that said institution has been engaged in business under its charter. Each such statement shall be verified by the oath or affirmation of the president, cashier, or trust officer, as the case may be, and the State Treasurer shall present the same to the board for its consideration within thirty days after the receipt thereof.

2. Shall, upon the receipt of notice of its selection as a depository of State moneys, furnish a bond to secure payment of deposits and interests to the Commonwealth of Pennsylvania, with a proper warrant of attorney to confess judgment in favor of the Commonwealth, secured by a surety company or individual sureties to be approved by the board, in the amount of the deposit to be made. If a corporate bond be given, no one surety company shall be approved in an aggregate amount in excess of five times its capital surplus, and reserve, and, whenever individual sureties are presented for approval, they shall qualify in an aggregate over and above their individual liabilities to three times the amount of the deposit. No one person may qualify for more than one-fourth of the total amount of the bond required: Provided, That when any deposit of State moneys is insured with the Federal Deposit Insurance Commissioner or any other corporation hereafter organized by the United States for the purpose of insuring deposits, such depository shall not be required to furnish bond or security to cover the amount of such deposit so insured: And provided further, That, in lieu of the surety bonds of surety companies or of individuals as aforesaid, the deposit of State moneys may be secured by the deposit with the State Treasurer, with the Federal Reserve Bank of Philadelphia or Pittsburgh, or with any bank or bank and trust company organized under the laws of this Commonwealth or any national association located in this Commonwealth which shall be approved by the State Treasurer, subject to such regulations as may be prescribed by the Board of Finance and Revenue or the State Treasurer, or both, as the case may be, of bonds or notes of the United States, or bonds or notes which the United States fully guarantees both as to principal and interest, bonds of the Delaware River Joint Commissions, bonds of the Pennsylvania Turnpike Commission, bonds of the State Public School Building Authority, bonds of The General State Authority, bonds of the State Highway and Bridge Authority, bonds of the Pennsylvania Housing Agency, bonds or tax anticipation notes of this Commonwealth, or of any municipal subdivision, institution district, or school district or county thereof, to be approved by the board, in an amount measured by their actual market value equal to the amount of deposit so secured and [twenty] two per centum in addition thereto. Said bonds and any additions to and substitutions and exchanges therefor shall be subject to proper assignment, or right to sell, or power of attorney to transfer the same, and said trust deposit of securities shall be maintained, on request, at the amount aforesaid, in case of any depreciation in the value thereof: Provided, That no bonds, or other security, shall be required of State depositories for State deposits to the extent, that such State deposits are insured under the provisions of Section 12 B of the Federal Reserve Act, approved the twenty-third day of December, one thousand nine hundred and thirteen, its amendments and supplements.

3. Shall agree to pay interest upon all State deposits, at the rate to be fixed every six months by the Board of Finance and Revenue, having due regard to the then prevailing money market: Provided, That such agreement is not in conflict with law or any regulation of the Comptroller of the Currency, or of the Federal Reserve Board of the United States. The said board may fix different rates of interest for active and inactive depositories, not in conflict with law or any regulation of the Comptroller of the Currency, or of the Federal Reserve Board of the United States, and may adopt and promulgate rules governing the time when interest shall begin to run on deposits of uncollected items. The board shall fix the specific day on which any change in interest rate shall become effective, and shall notify, in writing, every depository of such change and the effective date thereof. Pending action by the board the interest rates heretofore fixed by law shall remain in force. All collections shall be made for the Commonwealth without cost or compensation.

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(c) To designate [two banks or trust companies in Dauphin County, two banks or trust companies in Allegheny County, two banks or trust companies in Philadelphia County, and thirteen] at least eight banks or trust companies in any part of the Commonwealth, to be known as active depositories, in which shall be deposited a sufficient amount of the daily receipts of the State Treasury to transact the current business of the Commonwealth. [The board may designate nine other banks or trust companies, located anywhere in the Commonwealth, to be known as active depositories, and to be used for the purpose above mentioned.]

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Section 2.1. Section 1501 of the act, amended March 18, 1971 (P.L.109, No.4) and July 26, 1973 (P.L.223, No.56) and repealed in part April 28, 1978 (P.L.202, No.53), is amended to read:

Section 1501. Requisitions.--No money shall be paid out of any fund in the State Treasury, except (1) the State Workmen's Insurance Fund, and except (2) the Surplus Commodities Stamp Fund, until a requisition therefor shall have been presented to or prepared by the State Treasurer.

For money appropriated to the Governor or to the Executive Board, the Governor shall prepare requisitions and present them to the Treasury Department.

For money appropriated to the Lieutenant Governor he shall prepare requisitions and present them to the Treasury Department.

For money appropriated to administrative departments, or to independent administrative boards or commissions, the respective departments, boards, or commissions, shall prepare their requisitions, with the written approval of their respective department heads and departmental comptrollers noted thereon, and present them to the Treasury Department.

Requisitions for payment shall be presented in such form, whether paper, electronic or otherwise, in accordance with generally commercially accepted methods. Requisitions for payment may be presented to the Treasury Department by electronic transmission which shall evidence the approval of the comptroller and department head.

For money appropriated to departmental administrative boards or commissions, or advisory boards or commissions, such boards or commissions shall prepare requisitions, and forward them to the departments with which they are respectively connected. Such departments, if they approve the requisitions, shall so signify in writing, and shall transmit them to the Treasury Department. No requisition of a departmental administrative board or commission, or of an advisory board or commission, shall be valid without the approval in writing of the head and the comptroller of the department with which such board or commission is connected.

For money appropriated to a person, association, corporation, or agency, not a part of the executive branch of the State Government, the person, association, corporation, or agency, to whom or to which the appropriation was made, shall prepare requisitions and present them to the Treasury Department, but whenever, in any such case, any other act of Assembly requires the requisition to be approved by an administrative department of the State Government, other than the Treasury Department, it shall be forwarded to the Treasury Department through such other administrative department.

For money appropriated for a purpose, without designation of the expending agency, the Treasury Department shall prepare requisitions except as to appropriations for the purposes of the judiciary for which the Court Administrator of Pennsylvania shall prepare, supervise or delegate preparation of requisitions and present them to the Treasury Department. Such requisitions shall include those for the payment of the salaries, compensations and expenses of all justices, judges, district justices, employes, boards, commissions and other agencies of the judicial department who are paid from Commonwealth appropriations.

Section 2.2. Section 1502 of the act, amended November 17, 1982 (P.L.684, No.195), is amended to read:

Section 1502. Audit of Requisitions and Issuance of Warrants.--Requisitions shall be audited by the Treasury Department in accordance with generally accepted auditing standards and if they appear to be lawful and correct, the State Treasurer shall issue his warrant for the payment thereof. The Treasury Department shall audit requisitions for payments to credit card processors in accordance with generally accepted auditing standards to determine if they appear to be lawful and correct after issuing a warrant for payment and shall refer any error to the Secretary of the Budget and the Office of Attorney General for recovery or collection. Otherwise, they shall be returned to the source from which they came for revision, correction, or cancellation.

Section 2.3. Section 1503(a) of the act, amended May 2, 1986 (P.L.145, No.45), is amended to read:

Section 1503. Payments.--(a) All payments out of the several funds in the State Treasury shall be made by a commercially accepted method of payment from the Treasury Department. The State Treasurer shall determine the form and method of issuing such payments. The State Treasurer shall make available to the agencies for which the Treasury Department makes payments as many of such payment methods as the Treasury Department determines to be commercially accepted and generally used. The Treasury Department shall administer and support the provisioning of these payment methods.

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Section 2.4. The act is amended by adding a section to read:

Section 1605-E. Additional transfer.

Notwithstanding section 1603-E or any other provision of law, in fiscal year 2010-2011, the amount of $180,000,000 shall be transferred from the fund to the General Fund.

Section 2.5. The act is amended by adding articles to read:

ARTICLE XVI-F

(RESERVED)

ARTICLE XVI-G

BONDS

Section 1601-G. Issuance of certain refunding bonds.

(a) Issuance of bonds.--Notwithstanding any other provision of law, any transit entity may issue bonds to refund obligations issued prior to June 30, 2007, and may pay and secure such refunding bonds with all or part of the sources of payment and security for the obligations that are being refunded, including, but not limited to, money from the fund. Refunding bonds issued pursuant to this section may include bonds issued to fund costs of the refunding, including, but not limited to, costs of issuance, funding one or more debt service reserve or similar funds and making termination payments on interest rate exchange agreements related to the obligations being refunded. The term of any refunding bonds issued under this section may not exceed the term of the obligations being refunded and the total debt service payable on refunding bonds issued under this section may not exceed the total debt service payable on the obligations being refunded by the refunding.

(b) Commonwealth pledge.--The Commonwealth does hereby pledge to and agree with any person, firm or corporation, government agency, whether in this Commonwealth or elsewhere, or Federal agency subscribing to or acquiring bonds issued under this section, that the Commonwealth will not limit or alter the rights hereby vested in the transit entity in any manner inconsistent with the obligations of the transit entity to the obligees of the transit entity until all the refunding bonds issued by the transit entity under this section, together with the interest thereon, are fully paid or provided for.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Bonds." Notes, bonds, refunding notes and refunding bonds, interim certificates, debentures and other evidences of indebtedness or obligations which a transit entity is authorized to issue.

"Fund." The Public Transportation Assistance Fund established under Article XXIII of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

"Obligations." Any bonds, notes, bond anticipation notes, refunding notes and refunding bonds, interim certificates, debentures and other evidences of indebtedness or obligations of a transit entity for which revenues from the fund were pledged prior to June 30, 2007.

"Obligees of the transit entity." Any holder or owner of any refunding bond of a transit entity issued under this section or any trustee or other fiduciary for any such holder or any provider of a letter of credit, policy of municipal bond insurance or other credit enhancement or liquidity facility for refunding bonds issued under this section.

"Transit entity." Any class of transit entity as defined in former 74 Pa.C.S. § 1301 (relating to definitions).

ARTICLE XVI-H

EDUCATIONAL TAX CREDITS

Section 1601-H. Department of Education.

(a) Applicability.--This section shall apply to Educational Improvement Tax Credits awarded in fiscal year 2010-2011.

(b) Restoration.--Notwithstanding Articles XVII-F and XXIX-E of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, for the tax credit established under Article XVII-F of the Tax Reform Code of 1971, the amount available to be awarded pursuant to section 1706-F(a) of the Tax Reform Code of 1971 shall be $60,000,000 in fiscal year 2010-2011. The amount available to be awarded under section 1706-F(a)(1) and (2) of the Tax Reform Code of 1971 shall be as follows:

(1) The total aggregate amount of all tax credits approved shall not exceed $53,604,000 in fiscal year 2010-2011. No less than $40,202,400 of the total aggregate amount shall be used to provide tax credits for contributions from business firms to scholarship organizations. No less than $13,401,600 of the total aggregate amount shall be used to provide tax credits for contributions from business firms to educational improvement organizations.

(2) The total aggregate amount of all tax credits approved for contributions from business firms to prekindergarten scholarship programs shall not exceed $6,396,000 in fiscal year 2010-2011.

ARTICLE XVI-I

PERMIT EXTENSIONS

Section 1601-I. Scope of article.

This article relates to development permit extensions.

Section 1602-I. 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:

"Approval."

(1) Except as provided in paragraph (2), any government agency approval, agreement, permit, including a building permit or construction permit, or other authorization or decision:

(i) allowing a development or construction project to proceed; or

(ii) relating to or affecting development, granted pursuant to a statute, regulation or ordinance adopted by a municipality, including the following:

(A) 37 Pa.C.S. (relating to historical and museums).

(B) 53 Pa.C.S. (relating to municipalities generally).

(C) 68 Pa.C.S. Pt. II Subpt. B (relating to condominiums).

(D) 68 Pa.C.S. Pt. II Subpt. C (relating to cooperatives).

(E) 68 Pa.C.S. Pt. II, Subpt. D (relating to planned communities).

(F) The act of March 7, 1901 (P.L.20, No.14), referred to as the Second Class City Law, as it relates to development and construction.

(G) The act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(H) The act of June 23, 1931 (P.L.932, No.317), known as The Third Class City Code, as it relates to development and construction.

(I) The act of June 24, 1931 (P.L.1206, No.331), known as The First Class Township Code, as it relates to development and construction.

(J) The act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, as it relates to development and construction.

(K) The act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.

(L) The act of June 1, 1945 (P.L.1242, No.428), known as the State Highway Law, as it relates to the issuance of highway occupancy permits which are regulated under 67 Pa. Code Ch. 441 (relating to access to and occupancy of highways by driveways and local roads) or which are affected by other laws or regulations.

(M) The act of April 21, 1949 (P.L.665, No.155), known as the First Class City Home Rule Act, as it relates to development and construction.

(N) The act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code.

(O) The act of August 9, 1955 (P.L.323, No.130), known as The County Code.

(P) The act of July 15, 1957 (P.L.901, No.399), known as the Optional Third Class City Charter Law, as it relates to development and construction.

(Q) The act of May 16, 1923 (P.L.207, No.153), referred to as the Municipal Claim and Tax Lien Law.

(R) The act of January 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities Act.

(S) The act of February 1, 1966 (1965 P.L.1656, No.581), known as The Borough Code, as it relates to development and construction.

(T) The act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code.

(U) The act of July 9, 1971 (P.L.206, No.34), known as the Improvement of Deteriorating Real Property or Areas Tax Exemption Act.

(V) The act of October 4, 1978 (P.L.851, No.166), known as the Flood Plain Management Act.

(W) The act of October 4, 1978 (P.L.864, No.167), known as the Storm Water Management Act.

(X) The act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act.

(Y) The act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act.

(Z) The act of December 20, 2000 (P.L.724, No.99), known as the Municipal Code and Ordinance Compliance Act.

(Z.1) The act of June 22, 2001 (P.L.390, No.29), known as the Conservation and Preservation Easements Act.

(Z.2) The act of May 16, 2002 (P.L.315, No.46), known as the Community Services Block Grant Act.

(Z.3) The act of February 22, 2008 (P.L.36, No.4), entitled "An act authorizing the Department of General Services, with the concurrence of the Department of Environmental Protection, to lease to VTE Philadelphia, LP, or its nominee, land within the bed of the Delaware River in the City of Philadelphia; and affirming the authority of the General Assembly to enact certain conveyances."

(Z.4) The act of February 22, 2008 (P.L.41, No.5), entitled "An act authorizing the Department of General Services, with the concurrence of the Department of Environmental Protection, to lease to NCCB Associates, LP, or its nominee, land within the bed of the Delaware River in the City of Philadelphia; and affirming the authority of the General Assembly to enact certain conveyances."

(Z.5) Soil erosion and sediment control plans approved by a local soil conservation district under 25 Pa. Code Ch. 102 (relating to erosion and sediment control).

(Z.6) The National Historic Preservation Act (Public Law 89-665, 80 Stat. 915), to the extent the Commonwealth has been empowered to administer, approve or otherwise authorize activities under that act.

(Z.7) The Federal Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.), to the extent the Commonwealth has been empowered to administer, approve or otherwise authorize activities under that act.

(2) In cities of the first class and agencies established by such cities, the term shall include only the issuance of a building permit, a zoning use and registration permit, and any administrative approval, including an approval by a board or commission, that is a condition precedent to issuance of a building permit or zoning use and registration permit to an owner of property.

(3) Creating additional units and common elements out of convertible real estate in a condominium or planned community.

"Development." Any of the following:

(1) The division of a parcel of land into two or more parcels, including a subdivision as defined in section 107 of the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code.

(2) The construction, reconstruction, conversion, structural alteration, relocation or enlargement of a building or other structure.

(3) Site preparation, including grading, earth moving activities, clearance, soil removal or movement, timber harvesting relocation, excavation, landfill and moving, depositing or storing soil, rock or earth materials.

(4) A use or change in the use of a building or other structure or change in land use.

(5) Land development, as defined in section 107 of the Pennsylvania Municipalities Planning Code, or land use.

(6) Demolition, moving or removing a building or other structure.

(7) The right to convert convertible real estate or withdraw withdrawable real estate pursuant to 68 Pa.C.S. Pt. II Subpt. B (relating to condominiums) or 68 Pa.C.S. Pt. II Subpt. D (relating to planned communities).

"Extension period." The period beginning after December 31, 2008, and ending before July 2, 2013.

"Government agency." The Commonwealth, a political subdivision or an agency, department, authority, commission or board of the Commonwealth or a political subdivision. The term includes regional commissions, boards or instrumentalities with the authority to issue approvals.

Section 1603-I. Existing approval.

(a) Automatic suspension.--The expiration date of an approval by a government agency that is granted for or in effect during the extension period, whether obtained before or after the beginning of the extension period, shall be automatically suspended during the extension period.

(a.1) Cities of the first class.--In cities of the first class and agencies established by such cities, the suspension provided for in subsection (a) shall be valid, for any covered approval, 20 days after the notice from the approval holder to the agency that issued the approval of the approval holder's intent to exercise his or her rights under the suspension and payment of a fee equal to 50% of the original application fee, but not to exceed $5,000. The agency that issued the approval may prescribe a form of notice.

(b) Duration.--Nothing in this section shall shorten the term or duration an approval relating to development would have had in the absence of the enactment of this section. Nothing in this section shall prohibit the granting of additional extensions as provided by law.

(c) Riparian leases.--

(1) The time period relating to obtaining a building permit under section 1(i) of the act of February 22, 2008 (P.L.36, No.4), entitled, "An act authorizing the Department of General Services, with the concurrence of the Department of Environmental Protection, to lease to VTE Philadelphia, LP, or its nominee, land within the bed of the Delaware River in the City of Philadelphia; and affirming the authority of the General Assembly to enact certain conveyances," shall be extended until January 1, 2013, or one year from the effective date of this subsection, whichever is later.

(2) The time period relating to obtaining a building permit under section 1(i) of the act of February 22, 2008 (P.L.41, No.5), entitled, "An act authorizing the Department of General Services, with the concurrence of the Department of Environmental Protection, to lease to NCCB Associates, LP, or its nominee, land within the bed of the Delaware River in the City of Philadelphia; and affirming the authority of the General Assembly to enact certain conveyances," shall be extended until January 1, 2013, or one year from the effective date of this subsection, whichever is later.

Section 1604-I. Subsequent changes.

(a) Change in law.--A law, regulation or policy enacted, adopted or modified by a government agency during the extension period shall not have the effect of prohibiting or limiting an existing approval during the extension period.

(b) Planning code approval.--When an approval has been granted under the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, a subsequent change in a zoning, subdivision or other governing ordinance or plan shall not apply to or affect the right of the applicant to commence or complete the activities authorized by the approval for the duration of the extension period. For purposes of this subsection, the extension period shall be extended for the duration of any litigation, including appeals, relating to an approval which prevents the completion of all or part of the activity authorized by the approval.

(c) Nonexpiration.--An action by a government agency or law to lease, license, grant or otherwise convey rights in the beds of navigable waters of the Commonwealth shall not expire for the duration of the extension period, including time limits relating to the initiation, prosecution or completion of construction. A conveyance of rights under this subsection shall not terminate during the extension period for failure to initiate, prosecute or complete construction.

Section 1605-I. Agency verification.

(a) Request for verification.--

(1) The holder or recipient of an approval may seek written verification from the issuing government agency for any of the following:

(i) The existence of a valid approval.

(ii) The expiration date of the approval under this article.

(2) The request shall set forth the approval in question and the anticipated expiration date under this article.

(b) Agency action.--Upon receipt of a request under subsection (a), the government agency shall respond in writing affirming or denying the existence of the approval, its expiration date and any issues associated with its validity within 30 days. Except in cities of the first class and agencies established by such cities, failure to respond within 30 days shall result in a deemed affirmation of the existence of the approval and expiration date set forth in the request submitted under subsection (a). The agency may charge a fee of not more than $100 for verification of a residential approval and $500 for verification of a commercial approval under this subsection.

(c) Failure to seek affirmation.--The failure of the holder of an approval to seek verification from a government agency shall not be grounds for termination, revocation or other invalidation of an approval.

(d) Appeals of verification.--A dispute arising under this section shall be appealable in accordance with one of the following applicable laws:

(1) 2 Pa.C.S. § 105 (relating to local agency law).

(2) The act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code.

Section 1606-I. Applicability.

(a) Exceptions.--This article shall not apply to any of the following:

(1) An approval issued to comply with Federal law, the duration or terms of expiration of which is specified or determined by Federal law.

(2) An administrative consent order or other enforcement action relating to an approval that is subject to the extension period.

(3) An approval, designation or benefit under the act of October 6, 1998 (P.L.705, No.92), known as the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act.

(4) A "One-Call" determination, response or other requirement under the act of December 10, 1974 (P.L.852, No.287), referred to as the Underground Utility Line Protection Law.

(5) The revocation or modification of an approval or extension of an approval, when the approval authorizes the modification or revocation for cause.

(6) An approval issued by the Department of Transportation, except that approvals in accordance with 67 Pa. Code Ch. 441 (relating to access to and occupancy of highways by driveways and local roads) shall be extended by the department upon the submission of a complete and accurate application throughout the extension period for one-year intervals, subject to the requirements of 67 Pa. Code Ch. 441, including modifications based on changed circumstances.

(7) An approval issued by the Department of Environmental Protection implementing 25 Pa. Code § 93.4a (relating to antidegradation) in connection with surface waters, as defined in 25 Pa. Code § 93.1 (relating to definitions), or wetlands, as defined in 25 Pa. Code § 93.1, which surface waters or wetlands, after the issuance of the approval, and during the extension period, became classified as:

(i) High Quality Waters, pursuant to 25 Pa. Code §§ 93.1, 93.4b(a); or

(ii) Exceptional Value Waters, pursuant to 25 Pa. Code § 93.4b(b)(1).

(8) An approval issued by the Department of Environmental Protection implementing 25 Pa. Code § 93.4a in connection with surface waters, as defined in 25 Pa. Code § 93.1, or wetlands, as defined in 25 Pa. Code § 93.1, which surface waters or wetlands are classified as Exceptional Value Waters pursuant to 25 Pa. Code § 93.4b(b)(1).

(b) Sewer and water systems.--If an approval is based upon the connection to a sanitary sewer system or water distribution system, the application of the extension period as it relates to capacity shall be contingent upon the availability of sufficient capacity of the system to accommodate the development that is the subject of the extended approval. If sufficient capacity is unavailable at the time it is required to proceed with development under the approval, priority with regard to further distribution or allocation of capacity shall be established by the date on which the approval was obtained. Priority relating to distribution of additional capacity shall be allocated in order of the granting of the original approval for the connection.

(c) Fee.--A government agency which issued an approval may charge a fee to extend the approval that may be no more than 25% of the original application fee. In no event may the fee be more than $5,000.

Section 1607-I. Notice.

Within 30 days of the effective date of this section, each affected government agency shall publish notice of applicability of the extension period to approvals granted by the government agency under this article in the Pennsylvania Bulletin.

Section 1608-I. Miscellaneous.

(a) Construction.--Nothing in this article shall be construed to modify any requirement of law that is necessary to retain Federal delegation to, or assumption by, the Commonwealth of the authority to implement a Federal law or program.

(b) Authority.--During the extension period, a government agency shall retain the authority to do all of the following:

(1) Suspend or revoke an approval for noncompliance with a written condition of the approval.

(2) Enforce conditions of approvals granted under law prior to the extension period.

(3) Enforce only those conditions in an approval issued under the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, that are required to be performed prior to final plan approval.

ARTICLE XVI-J

HERITAGE AREAS

Section 1601-J. Program.

(a) Establishment.--The Heritage Area Program is established within the Department of Conservation and Natural Resources to identify, protect, enhance and promote the historic, recreational, natural, cultural and scenic resources of this Commonwealth.

(b) Administration.--The department shall adopt guidelines and policies for the implementation and administration of the program.

(c) Funding.--The department may allocate funds appropriated to the department for grants and investment programs within heritage areas, including administration and operation.

Section 2.6. Article XVII-A of the act is amended by adding a subarticle to read:

SUBARTICLE J

SPECIAL PROVISIONS RELATING TO

VICTIMS OF CRIME

Section 1791-A. 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 Pennsylvania Commission on Crime and Delinquency.

"Crime." As defined in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

"Crime Victims Act." The act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

"Juvenile." As defined in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

"Victim." As defined in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

Section 1792-A. Special Juvenile Victim Compensation Fund.

(a) Establishment.--There is established in the State Treasury a special fund to be known as the Special Juvenile Victim Compensation Fund.

(b) Sources.--The sources of the fund are as follows:

(1) A transfer of $500,000 from the Crime Victim's Compensation Fund established under section 1101(b)(1) of the Crime Victims Act. As soon as practicable following the effective date of this section, the State Treasurer shall make the transfer.

(2) Appropriations.

(3) Money from any other source.

(4) Return on the money in the fund.

(c) Nonlapse.--The money in the Special Juvenile Victim Compensation Fund is continuously appropriated into the Special Juvenile Victim Compensation Fund. This appropriation shall not lapse at the end of any fiscal year.

(d) Use.--The Special Juvenile Victim Compensation Fund shall be administered by the commission as follows:

(1) The commission may not use any money for administrative costs.

(2) The money shall be used solely to provide compensation to victims of juvenile crime in a county of the third class. A victim shall be entitled to receive compensation from the fund if all of the following conditions apply:

(i) A juvenile delinquency petition was filed in the county which alleged that the victim was a victim of a crime committed by a juvenile.

(ii) The juvenile delinquency petition was disposed of prior to May 31, 2008, by the entry of a consent decree or an adjudication of delinquency entered by a court of common pleas in the county.

(iii) After December 31, 2008, the consent decree or adjudication of delinquency previously entered was vacated by order of the Supreme Court.

(iv) Following the vacating of the consent decree or adjudication of delinquency, the Supreme Court or a special master appointed by the Supreme Court issued a written determination stating:

(A) that the victim suffered monetary loss, expense or damage as a result of the alleged crime;

(B) that the court of common pleas in the county had previously entered an order directing that the victim was entitled to restitution or compensation for the victim's loss, expense or damage which was vacated prior to the victim's receiving payment in full;

(C) that the victim is entitled to receive a compensation award for pain and suffering endured in connection with the victim's contact with the juvenile justice system in the county under the circumstances described in subparagraphs (i), (ii) and (iii); and

(D) the amount of compensation award to be paid to the victim for pain and suffering which shall equal the amount of restitution the victim would have been entitled to had the consent decree or adjudication of delinquency previously entered not been vacated, less any restitution and compensation previously paid to the victim in connection with the alleged crime.

(v) Notwithstanding any provision of this subarticle to the contrary, the following shall apply regarding the calculation of the amount of restitution and compensation previously paid to the victim under subparagraph (iv)(D):

(A) The Supreme Court or special master appointed by the Supreme Court shall request, and the commission shall disclose, information concerning applications for an award of compensation and compensation award payments previously made by the commission to the victim in connection with the crime charged in the juvenile delinquency petition referred to in subparagraph (i).

(B) The Supreme Court or special master appointed by the Supreme Court shall include any monetary loss, expense or damage that the Supreme Court or special master determines has been or will be paid to or on behalf of the victim by any of the following:

(I) insurance, or health or welfare programs, including those mandated by law;

(II) under a contract of insurance where the victim is the beneficiary;

(III) under any pension program, including those providing for disability or survivor's benefits, or from any other public funds; or

(IV) under a settlement or award made by or on behalf of a party alleged to be responsible, in whole or in part, for the injury, without regard to the party's criminal liability.

(C) The Supreme Court or special master appointed by the Supreme Court may require as a condition of receiving an award under this section that a victim disclose to the court or special master the amount of restitution and compensation previously received in connection with the crime charged in the juvenile delinquency petition referred to in subparagraph (i).

(vi) Promptly following issuance of the last written determination described in subparagraph (iv), the Supreme Court or special master appointed by the Supreme Court shall notify the commission that all written determinations have been issued.

(e) Administration.--

(1) The commission shall make a lump sum payment to each victim for which a determination has been issued under subsection (d)(2)(iv). The payment shall be in the amount specified in the determination.

(2) If money in the Special Juvenile Victim Compensation Fund is not sufficient to make all of the payments required under this subsection, the payments shall be reduced for each victim on a pro rata basis.

(3) The commission shall, no more than 45 days following notification from the Supreme Court or special master that all written determinations under subsection (d)(2)(iv) have been issued, submit requests to the State Treasurer that a lump sum payment be made to each victim in the amount set forth in the written determination pertaining to the victim.

(f) Tax consequences.--A payment made under subsection (e) shall not be considered a class of income under section 303 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

(g) Right of subrogation and return of certain payments.--The following shall apply:

(1) The Commonwealth shall be subrogated to the payment of an award made under this section, to the extent of the payment, to any right of action against any person to recover losses resulting from the crime charged in the juvenile delinquency petition referred to in subsection (d)(2)(i).

(2) A victim receiving an award under this section shall notify the commission of any payments received from any source, other than the commission, that relate to the crime charged in the juvenile delinquency petition referred to in subsection (d)(2)(i) and which are received on or after the date of the Supreme Court's or special master's written determination. The victim shall promptly return to the commission an amount equal to such payments for deposit into the Crime Victim's Compensation Fund.

(h) Expiration.--A victim's ability to receive a written determination for a compensation award under this subarticle shall expire on the earlier of the following:

(1) The expenditure of all money in the Special Juvenile Victim Compensation Fund.

(2) June 30, 2011. Money remaining in the fund on June 30, 2011, that has not been encumbered or committed to pay awards under written determinations issued prior to June 30, 2011, shall be transferred to the Crime Victim's Compensation Fund.

Section 1793-A. Victim Witness Services Fund.

On July 1, 2011, the State Treasurer shall transfer the sum of $1,000,000 from the Crime Victim's Compensation Fund to the Victim Witness Services Fund established in section 1101(b)(2) of the Crime Victims Act to supplement, and to be distributed together with other money of the Victim Witness Services Fund used to provide victim of juvenile offender grants to counties. The transferred sum is hereby appropriated to the Victim Witness Services Fund on a continuing basis for such purpose.

Section 2.7. Section 1735-E of the act, amended October 9, 2009 (P.L.537, No.50), is amended to read:

Section 1735-E. Pennsylvania Emergency Management Agency.

The Pennsylvania Emergency Management Agency shall provide semiannual reports of all grants awarded by the Pennsylvania Emergency Management Agency from Federal disaster assistance or relief funds, homeland security and defense funds, avian flu/pandemic preparedness or other public health emergency funds to the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives. The reports shall include information relating to the entity receiving grant money from the agency, including the name and address of the entity, the amount of the grant, the date of issuance and the purpose of the grant. Reports shall be submitted by August [15] 20 for grants awarded during the period from January 1 through June 30 and by February [15] 20 for grants awarded during the period from July 1 through December 31.

Section 2.8. The act is amended by adding sections to read:

Section 1794-E. Judicial Computer System Augmentation Account.

The Supreme Court and the Court Administrator of Pennsylvania are prohibited from augmenting the amount appropriated to the Judicial Computer System Augmentation Account by billings to other appropriations to the judicial branch for the Statewide Judicial Computer System or for any other purpose.

Section 1795-E. Access to Justice Account.

Notwithstanding 42 Pa.C.S. § 4906 (relating to distribution of funds), money in the Access to Justice Account may be distributed at any time upon requisition of the Court Administrator of Pennsylvania to the Pennsylvania Interest on Lawyers Trust Account Board.

Section 2.9. Section 1799-E of the act is amended by adding subsections to read:

Section 1799-E. State Gaming Fund.

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(e) Assessments for property tax relief.--Notwithstanding subsection (g) or any other provision of law to the contrary, if the Secretary of the Budget authorizes a transfer from the Property Tax Relief Reserve Fund and determines that the moneys in the fund are insufficient to support the transfer, the Secretary of the Budget shall notify the Pennsylvania Gaming Control Board and, upon notification, the board shall immediately assess each slot machine licensee for the repayment of the loans authorized under sections 1720-G, 1720-I and 1720-K in an amount that is proportional to each slot machine licensee's gross terminal revenue.

(f) Appropriations solely from assessments.--Beginning in fiscal year 2010-2011 and each fiscal year thereafter, all funds for the operation of the Pennsylvania State Police, the Department of Revenue and the Attorney General shall be appropriated solely from an assessment on gross terminal revenue from accounts under 4 Pa.C.S. § 1401 (relating to slot machine licensee deposits) in an amount equal to that appropriated by the General Assembly for that fiscal year. The Pennsylvania State Police, Department of Revenue or Attorney General shall not assess any charge, fee, cost of operations or other payment from a licensed gaming entity in excess of amounts appropriated in any such fiscal year unless specifically authorized by law.

(g) Establishment of repayment schedule.--No later than June 30, 2011, the Pennsylvania Gaming Control Board, in consultation with all licensed gaming entities, shall establish a schedule governing the repayment by licensed gaming entities of loans provided to the Pennsylvania Gaming Control Board under sections 1720-G, 1720-I and 1720-K. The following shall apply:

(1) Repayment of loans provided to the Pennsylvania Gaming Control Board pursuant to sections 1720-G, 1720-I and 1720-K by licensed gaming entities shall begin at such time as at least 11 slot machine licenses have been issued and 11 licensed gaming entities have commenced operation of slot machines.

(2) The Pennsylvania Gaming Control Board shall establish a repayment schedule that, at a minimum:

(i) Sets forth the dates upon which the repayments shall be due. Payments may be required on a quarterly, semiannual or annual basis.

(ii) Assesses to each slot machine licensee costs for repayment of loans from the Property Tax Relief Reserve Fund made under sections 1720-G, 1720-I and 1720-K in an amount that is proportional to each slot machine licensee's gross terminal revenue.

(iii) Results in full repayment of amounts loaned pursuant to sections 1720-G, 1720-I and 1720-K not earlier than five years nor later than ten years following commencement of the loan repayments by the slot machine licensee.

Section 2.10 Section 1715-K(b)(1)(v) of the act, added October 9, 2009 (P.L.537, No.50), is amended to read:

Section 1715-K. Tobacco Settlement Fund.

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(b) Transfers.--

(1) Notwithstanding sections 306 and 307 of the Tobacco Settlement Act, the following shall apply.

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[(v) For fiscal year 2010-2011, $250,000,000 is transferred from the Tobacco Endowment Account for Long-Term Hope to the General Fund.]

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Section 3. The act is amended by adding articles to read:

ARTICLE XVII-L

2010-2011 BUDGET IMPLEMENTATION

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 1701-L. Applicability of article.

Except as specifically provided in this article, this article applies to the General Appropriation Act of 2010 and all other appropriation acts of 2010.

Section 1702-L. Definitions and abbreviations.

(a) Definitions.--The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"General Appropriation Act." The act of July 6, 2010 (P.L.1367, No.1A), known as the General Appropriation Act of 2010.

"Secretary." The Secretary of the Budget of the Commonwealth.

(b) Abbreviations.--The following abbreviations when used in this article shall have the meanings given to them in this section:

"AIDS." Acquired Immune Deficiency Syndrome.

"ARC." Appalachian Regional Commission.

"ARRA." The American Recovery and Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 115).

"BG." Block Grant.

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

"Chartered school." A school chartered by the Commonwealth.

"CSBG." Community Services Block Grant.

"DCSI." Drug Control and Systems Improvement Formula Grant Program.

"DFSC." The Safe and Drug-Free Schools and Communities Act (Public Law 107-110, 20 U.S.C. § 7101 et seq.).

"DOE." Department of Energy.

"EEOC." Equal Employment Opportunity Commission.

"EPA." Environmental Protection Agency.

"ESEA." The Elementary and Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. § 6301 et seq.).

"FEMA." Federal Emergency Management Agency.

"FTA." Federal Transit Administration.

"HUD." Department of Housing and Urban Development.

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

"LSTA." The Library Services and Technology Act (Public Law 104-208, 20 U.S.C. § 9101 et seq.).

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

"MHSBG." Mental Health Services Block Grant.

"MR." Mental Retardation.

"PAFE." Pennsylvania Agricultural Food Exposition.

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

"RSAT." Residential Substance Abuse Treatment.

"SABG." Substance Abuse Block Grant.

"SCDBG." Small Communities Development Block Grant.

"SDA." Service Delivery Area.

"SSBG." Social Services Block Grant.

"TANF." Temporary Assistance for Needy Families.

"TANFBG." Temporary Assistance for Needy Families Block Grant.

"TEFAP." Temporary Emergency Food Assistance Program.

"WIA." The Workforce Investment Act of 1998 (Public Law 105-220, 112 Stat. 936).

"WIC." Women, Infants and Children Program.

SUBARTICLE B

EXECUTIVE DEPARTMENT

Section 1711-L. Governor (Reserved).

Section 1712-L. Executive Offices.

(a) Appropriations.--The following shall apply to appropriations for the Executive Offices:

(1) (Reserved).

(2) A portion of the appropriation for the Office of the Budget may be distributed upon approval of the secretary to other State agencies to pay for comptroller services provided to the agency. The secretary shall provide notice ten days prior to a distribution under this paragraph to the chairman and the minority chairman of the Appropriations Committee of the Senate and the chairman and the minority chairman of the Appropriations Committee of the House of Representatives.

(b) Purchase cards.--The Office of the Budget shall maximize the use of purchase cards for financial transactions involving the Commonwealth where practical, in accordance with an interagency agreement establishing usage guidelines between the Office of the Budget and the Treasury Department.

Section 1713-L. Lieutenant Governor (Reserved).

Section 1714-L. Attorney General (Reserved).

Section 1715-L. Auditor General (Reserved).

Section 1716-L. Treasury Department (Reserved).

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

Section 1718-L. Department of Agriculture.

No less than 80% of the funds appropriated for hardwoods research and promotion shall be equally distributed among the hardwood utilization groups of this Commonwealth established prior to the effective date of this section.

Section 1719-L. Department of Community and Economic Development (Reserved).

Section 1720-L. Department of Conservation and Natural Resources (Reserved).

Section 1721-L. Department of Corrections (Reserved).

Section 1722-L. Department of Education.

(a) General rule.--The following shall apply to appropriations for the Department of Education in the General Appropriation Act for the fiscal year beginning July 1, 2010:

(1) (i) The board of directors of each school district shall take such steps as necessary in order to have or maintain a certified safety committee by June 30, 2011, for the purposes of section 1002(b) of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act.

(ii) The Department of Labor and Industry shall provide the Department of Education with the list of school districts who have a certified safety committee.

(iii) In the case of a school district that does not submit evidence to the Department of Education that complies with this paragraph, the Department of Education shall deduct from any allocation from the Commonwealth to which the school district is entitled the amount of the discount the school district would otherwise receive under section 1002(b) of the Workers' Compensation Act.

(iv) This paragraph shall not apply to a school district that cannot receive a premium discount under section 1002(b) of the Workers' Compensation Act, or an equivalent reduction in contribution rates, by establishing and maintaining a certified safety committee because it is authorized to self-insure its liabilities under section 305 of the Workers' Compensation Act or pool its liabilities under section 802 of the Workers' Compensation Act.

(2) The following shall apply to professional and temporary professional employees of a school formerly operated by the Commonwealth:

(i) The Commonwealth shall create a pool for each school comprised of the professional and temporary professional employees who have received formal notice of suspension from the Commonwealth as a result of the Commonwealth's decision to cease Commonwealth operation of the school.

(ii) For the three school years immediately following the formal notice of suspension from the Commonwealth, employees in a pool created under subparagraph (i) shall be offered employment by each eligible school entity as determined under subparagraph (iv) associated with the applicable pool created under subparagraph (i), when that eligible school entity has a vacancy for a position that an employee in the applicable pool is properly certified to fill, provided that no employee of the eligible school entity in which the vacancy exists, including a suspended or demoted employee, has a right to the vacancy under the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, or the collective bargaining agreement of the respective eligible school entity.

(iii) For the three school years immediately following the formal notice of suspension from the Commonwealth, no new employee shall be hired by an eligible school entity as determined under subparagraph (iv) associated with the applicable pool created under subparagraph (i), until the position has been offered, in order of seniority, to all properly certified members of the applicable pool created under subparagraph (i).

(iv) For the purpose of subparagraphs (ii) and (iii), an "eligible school entity" shall be determined as follows:

(A) a school district, vocational-technical school or intermediate unit, the administration building of which is 17 miles or less from the administration building of a school formerly operated by the Commonwealth or a school district which is adjacent to the school district in which a school formerly operated by the Commonwealth was situate; or

(B) a school district with average daily membership greater than or equal to 8,000, the administration building of which is 45 miles or less from the administration building of a school formerly operated by the Commonwealth, and which relies on State revenue for not less than 50% of the school district's total budget in one of the two most recent years for which data has been published on the Department of Education's public Internet website.

(3) (i) (A) Employees hired from a pool under paragraph (2) and former employees of a school formerly operated by the Commonwealth who resigned from a school formerly operated by the Commonwealth within the six months prior to October 9, 2009, and who accepted employment at a school district, intermediate unit or vocational-technical school shall be credited by the hiring school district, intermediate unit or vocational-technical school for all sick leave accumulated in the school and shall be credited for years of service in the school for purposes of salary schedule placement.

(B) Such employees shall further be credited for their years of service in the school for purposes of sabbatical leave eligibility, suspension and realignment rights and eligibility for any retirement incentives or severance payments in a hiring school district, intermediate unit or vocational-technical school.

(ii) Nothing in this paragraph shall be construed to supersede or preempt any provision of an individual employment agreement between a school district, intermediate unit or vocational-technical school and an employee entered into prior to the effective date of this section, or any provision of a collective bargaining agreement in effect as of the effective date of this section and negotiated by a school entity and an exclusive representative of the employees in accordance with the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act.

(4) Notwithstanding any other provision of law, funds received under the ARRA shall be spent in accordance with the ARRA and applicable rules and guidelines developed by the Federal Government.

(5) Notwithstanding any other provision of law, a board of school directors of a school district may reopen its 2010-2011 budget to reflect Federal and State allocations for fiscal year 2010-2011 provided by the General Appropriation Act.

(6) Annual payments from the appropriation to institutions of higher learning for defraying the expenses of hearing-impaired or sight-impaired students shall not exceed $500 per student.

(7) Notwithstanding any other provision of law, Federal and State funds shall be distributed to each community college in an amount equal to the amount paid under section 1913-A(b)(1.6) of the Public School Code of 1949, during the 2008-2009 fiscal year. If insufficient funds are appropriated, the payments shall be made on a pro rata basis.

(8) Funds appropriated for special education payments to school districts shall be distributed to each school district in an amount equal to the amount paid during the 2008-2009 school year under section 2509.5(zz) of the Public School Code of 1949. If insufficient funds are appropriated, the payments shall be made on a pro rata basis.

(9) (i) Funds appropriated for the Educational Assistance Program established in section 1502-C of the Public School Code of 1949 shall be distributed to each school entity in an amount equal to the amount paid during the 2009-2010 school year. If insufficient funds are appropriated, the payments shall be made on a pro rata basis.

(ii) For purposes of the Educational Assistance Program established in section 1502-C of the Public School Code of 1949 and this paragraph, "school entity" shall mean any of the following located in this Commonwealth: a school district, joint school district, area vocational-technical school or independent school.

(10) Funds appropriated for Pennsylvania accountability grants shall be distributed to each school district in an amount equal to the amount paid during the 2009-2010 school year. If insufficient funds are appropriated, the payments shall be made on a pro rata basis.

(11) Notwithstanding the provisions of 24 Pa.C.S. § 8329(a) (relating to payments on account of social security deductions from appropriations) when calculating payments by the Commonwealth under 24 Pa.C.S. § 8329, the Department of Education shall treat wages paid out of the ARRA State Stabilization Fund or out of ARRA funds appropriated for Individual with Disabilities Education (Part B - Preschool -Age 3-5) as covered wages which are not federally funded.

(12) The following apply to libraries:

(i) Funds appropriated for libraries shall be distributed to each library under the following formula:

(A) Divide the sum of the amount of funding that the library received in fiscal year 2009-2010 under section 1722-J(14) by the total State-aid subsidy for fiscal year 2009-2010.

(B) Multiply the quotient under clause (A) by the total State-aid subsidy for 2010-2011.

(ii) Following distribution of funds appropriated for State aid to libraries, any remaining funds may be distributed at the discretion of the State Librarian.

(iii) If funds appropriated for State aid to libraries in fiscal year 2010-2011 are less than funds appropriated in fiscal year 2002-2003, the State Librarian may waive standards as prescribed in section 103 of the act of June 14, 1961 (P.L.324, No.188), known as The Library Code, relating to hours of operation, continuing professional development, collections, expenditures and other aspects of library operation.

(iv) (A) Each library system receiving State aid under this paragraph may distribute the local library share of that aid in a manner as determined by the board of directors of the library system.

(B) This subparagraph shall not apply to a library system operating in a county of the second class.

(13) Notwithstanding section 2510.1 of the Public School Code of 1949, payments made to school districts for the instruction of homebound children shall only be made to the extent funds are appropriated for this purpose.

(14) The appropriation for basic education funding shall be distributed as follows:

(i) The Commonwealth shall pay to each school district a basic education funding allocation for the 2009-2010 school year which shall consist of the sum of the following:

(A) An amount equal to the allocations received by the school district under section 1722-J (17)(i)(A), (B) and (C)(III).

(B) If a school district has been declared a Commonwealth partnership school district on or before June 30, 2010, under Article XVII-B of the Public School Code of 1949, an amount equal to $2,000,000.

(C) (I) Thirty-two and six one-hundredths percent of the amount determined under section 2502.48(c)(1) of the Public School Code of 1949.

(II) Any additional amount required so that the total amount provided under clause (A) and this clause equals 2% greater than the amount provided under section 1722-J (17)(i).

(ii) For the purpose of the calculation under section 2502.48(c)(1) of the Public School Code of 1949, for payments made under this subsection:

(A) The amount per student under section 2502.48(a) of the Public School Code of 1949 shall be increased by the 2009-2010 index and by the 2010-2011 index. The term "index" shall have the meaning given to it under section 2501 of the Public School Code of 1949.

(B) The number used for the purpose of each school district's calculation under section 2502.48(b)(5)(ii)(B) of the Public School Code of 1949 shall not be less than one.

(iii) Any increase in basic education funding under this paragraph shall qualify as an increase in basic education funding for the purpose of section 2502.49 of the Public School Code of 1949. The Department of Education may grant a waiver for the use of up to 25% of the funds subject to section 2502.49(a)(1) of the Public School Code of 1949 if all of the following apply:

(A) The school district would otherwise be required to reduce or eliminate one or more of the programs listed under section 2502.49(a)(1) of the Public School Code of 1949 due to a projected budget shortfall.

(B) The funds subject to the waiver will be used to maintain one or more existing programs listed under section 2502.49(a)(1) of the Public School Code of 1949.

(C) The school district has, in the determination of the Department of Education, pursued alternative opportunities for greater efficiency and internal savings in order to fund the program or programs without need for a waiver.

(D) The program to be maintained addresses a significant need of the school district's students and has demonstrated effectiveness at increasing student achievement in the school district, in the determination of the Department of Education.

(iv) The decision to grant a waiver under subparagraph (iii) shall be at the sole discretion of the Department of Education and shall not be subject to appeal.

(15) (i) The Department of Education may utilize up to $4,500,000 of undistributed funds not expended, encumbered or committed from appropriations for grants and subsidies made to the department to assist school districts certified on or before June 30, 2010, as an education empowerment district under section 1705-B(h)(3) of the Public School Code of 1949.

(ii) There is hereby established a restricted account in the State Treasury from which payments under this paragraph shall be paid. Funds shall be transferred by the secretary to the restricted account to the extent necessary to make payments under this paragraph. Funds in the restricted account are hereby appropriated to carry out the purposes of this paragraph. The subsidy payment from this restricted account shall be utilized to supplement the operational budget of the eligible school districts.

(16) Community colleges shall comply with the provisions of section 1737-J.

(17) The appropriation for school improvement grants shall be distributed as follows:

(i) Each eligible school district shall be eligible to receive a school improvement grant under this paragraph subject to the following provisions:

(A) Within 45 days after the effective date of this paragraph, the eligible school district must submit a plan for the use of the school improvement grant to the Department of Education for approval.

(B) Within ten days after receipt of the plan, the Department of Education shall approve or modify the plan. The Department of Education may approve a plan only if the plan demonstrates that the school improvement grant funds will be used in a manner consistent with the uses required under the Federal School Improvement Grants program.

(C) Within five days after receipt of approval from the Department of Education, the eligible school district must post its approved or modified plan on its public Internet website.

(D) The Department of Education shall provide eligible school districts with technical assistance in the implementation of an approved or modified plan.

(ii) Subject to the requirements of this paragraph, each eligible school district shall receive a base annual grant of $450,000 and an additional grant of up to $75 per average daily membership for the prior school year of the eligible school district. The eligible school district shall give priority in allocating the grant funding to the persistently lowest achieving schools within the eligible school district.

(iii) As used in this paragraph, the following words and phrases shall have the meanings given to them in this subparagraph unless the context clearly indicates otherwise:

"Eligible school district." A school district that received a school improvement grant for the 2009-2010 school year under section 1709-B of the Public School Code of 1949, which section expired on June 30, 2010, and each school district of the first class designated as distressed under section 691(c) of the Public School Code of 1949.

"Federal School Improvement Grants program." The school improvement grants authorized by section 1003(g) of the Elementary and Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. § 6301 et. seq.) and ARRA.

"Persistently lowest achieving school." A school achieving within the lowest measured group of 5% in this Commonwealth as certified by the Department of Education for the most recent school year for which data is posted on the Department of Education's public Internet website.

(b) Definitions.--The words and phrases used in this section and not otherwise defined in Subarticle A shall have the meanings given to them in the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949.

Section 1723-L. Department of Environmental Protection.

The following shall apply to appropriations for the Department of Environmental Protection in the General Appropriation Act:

(1) (Reserved).

(2) Notwithstanding the provisions of section 502 of the act of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known as the Alternative Energy Investment Act, in fiscal year 2010-2011, no funds shall be appropriated from the General Fund to the department for the Consumer Energy Program. Any appropriation for fiscal year 2010-2011 is revoked.

Section 1724-L. Department of General Services (Reserved).

Section 1725-L. Department of Health.

The following shall apply to appropriations for the Department of Health in the General Appropriation Act:

(1) Funds appropriated for lupus programs shall be distributed in the same proportion as distributed in fiscal year 2009-2010.

(2) Funds appropriated for arthritis outreach and education shall be equitably distributed among the central, western and eastern regions of this Commonwealth based on the ratio of population served in each region to the total population served in this Commonwealth.

(3) Funds appropriated for biotechnology research include $839,000 for a regenerative medicine center located in a county of the second class and $1,145,000 for an institution for hepatitis and virus research located in a county of the second class A, which conducts research related to developing new therapies for viral hepatitis and liver cancer.

Section 1726-L. Insurance Department (Reserved).

Section 1727-L. Department of Labor and Industry.

The following shall apply to appropriations for the Department of Labor and Industry in the General Appropriation Act:

(1) The appropriation for payment to the Vocational Rehabilitation Fund for work of the State Board of Vocational Rehabilitation includes $2,153,000 for a Statewide professional service provider association for the blind to provide specialized services and prevention of blindness services and $431,000 to provide specialized services and prevention of blindness services in cities of the first class.

(2) For the "Reed Act-Unemployment Insurance" and "Reed Act-Employment Services and Unemployment Insurance" appropriations, the total amount which may be obligated shall not exceed the limitations under section 903 of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1103).

Section 1728-L. Department of Military and Veterans Affairs (Reserved).

Section 1729-L. Department of Public Welfare.

The following shall apply to appropriations for the Department of Public Welfare from the General Appropriation Act:

(1) Authorized transfers for child-care services. The following shall apply:

(i) The department, upon approval of the secretary, may transfer Federal funds 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 funds will not result in a deficit in the appropriation. The secretary shall provide notice ten days prior to a transfer under this subparagraph to the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives.

(ii) The department, upon approval of the secretary, may transfer Federal funds 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 funds will not result in a deficit in the appropriation. The secretary shall provide notice ten days prior to a transfer under this subparagraph to the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives.

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

(i) When making payments for medical assistance outpatient or capitation services, the department shall not require a recipient to obtain a physician referral in order to receive chiropractic services.

(ii) No funds appropriated for approved capitation plans shall be used to pay a provider who fails to supply information in a form required by the department in order to facilitate claims for Federal financial participation for services rendered to general assistance clients.

(iii) For fiscal year 2010-2011, payments to hospitals for Community Access Fund grants shall be distributed under the formulas utilized for these grants in fiscal year 2009-2010. If the total funding available for Community Access Fund payments in fiscal year 2010-2011 is less than that available in fiscal year 2009-2010, payments shall be made on a pro rata basis.

(iv) Qualifying State-related academic medical centers shall not receive any less funding than received for the fiscal year 2004-2005 State appropriation level if Federal funding for academic medical centers is not made available to those academic medical centers during fiscal year 2010-2011.

(v) (Reserved).

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

(vii) Amounts allocated from funds appropriated for medical assistance outpatient services for the Select Plan for Women Preventative Health Services shall be used for women's medical services, including noninvasive contraception supplies.

(viii) Federal or State funds appropriated under the General Appropriation Act in accordance with the act of March 24, 2004 (P.L.148, No.15) , known as the Pennsylvania Trauma Systems Stabilization Act, not used to make payments to hospitals qualifying as Level III trauma centers shall be used to make payments to hospitals qualifying as Level I and II trauma centers.

(3) Breast cancer screening. The following shall apply:

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

(ii) (Reserved).

(4) Women's service programs. The following shall apply:

(i) Funds appropriated for women's service programs grants to nonprofit agencies whose primary function is to 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 which operate projects designed specifically to provide all or a portion of these services. Projects receiving funds referred to in this subparagraph shall not promote, refer 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.

(5) County children and youth programs. The following shall apply:

(i) No more than 50% of funds allocated from the State appropriation for county children and youth programs to each county shall be expended until each county submits to the department data for the prior State fiscal year, and updated quarterly, on the unduplicated caseloads, unduplicated services and number of caseworkers by county program. Data shall be submitted in a form acceptable to the department. A copy of the data shall be sent to the chairman and minority chairman of the Appropriations Committee of the Senate and to the chairman and the minority chairman of the Appropriations Committee of the House of Representatives.

(ii) Reimbursement for children and youth services made pursuant to section 704.1 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, shall not exceed the amount of State funds appropriated. It is the intent of the General Assembly that counties do not experience any adverse fiscal impact due to the department's maximization efforts.

(6) Community-based family centers. No funds appropriated for community-based family centers may be considered as part of the base for calculation of the county child welfare needs-based budget for a fiscal year.

Section 1730-L. Department of Revenue.

The following shall apply to appropriations for the Department of Revenue from the General Appropriation Act:

(1) There is hereby created within the General Fund a restricted account to be known as the Enhanced Revenue Collection Account. Revenues collected and the amount of refunds avoided as a result of expanded tax return review and tax collection activities shall be deposited into the account.

(2) Of the funds in the Enhanced Revenue Collection Account, for each of fiscal year 2010-2011 and 2011-2012, up to $4,300,000 is hereby appropriated to the Department of Revenue to fund the costs associated with increased tax collection enforcement and reduction in tax refund errors. The balance of the funds in the account on June 15, 2011, and each June 15 thereafter shall be transferred to the General Fund or other appropriate fund.

(3) The Department of Revenue shall issue a report to the Governor, the majority and minority chairs of the Appropriations Committee of the Senate and the majority and minority chairs of the Appropriations Committee of the House of Representatives by June 1, 2011, and by each June 1 thereafter, with the following information:

(i) A detailed breakdown of the department's administrative costs in implementing the activities described under paragraph (1).

(ii) The amount of revenue collected and the amount of refunds avoided as a result of the activities described under paragraph (1). The report shall also detail the type of tax generating the revenue and avoided refunds.

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

Section 1732-L. Department of Transportation (Reserved).

Section 1733-L. Pennsylvania State Police.

The following shall apply to appropriations for the Pennsylvania State Police from the General Appropriation Act:

(1) Payments made to municipalities under 53 Pa.C.S. § 2170 (relating to reimbursement of expenses) shall be limited to funds available. If funds are not available to make full payments, the Municipal Police Officers' Education and Training Commission shall make payments on a pro rata basis.

(2) (Reserved).

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

Section 1735-L. Pennsylvania Emergency Management Agency (Reserved).

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

Section 1737-L. State System of Higher Education.

Each public institution of higher education shall comply with the provisions of section 1737-J for the Fiscal Year beginning July 1, 2010.

Section 1737.1-L. State-related institutions.

Each State-related institution shall comply with the provisions of section 1737.1-J for the Fiscal Year beginning July 1, 2010.

Section 1738-L. Pennsylvania Higher Education Assistance Agency.

The following shall apply to appropriations for the Pennsylvania Higher Education Assistance Agency from the General Appropriation Act:

(1) Maximization of funds. The Pennsylvania Higher Education Assistance Agency shall use funds appropriated for matching payments for student aid funds to maximize the receipt of Federal funds to the fullest extent possible.

(2) Limitation. No college, university or institution receiving a direct appropriation from the Commonwealth shall be eligible to participate in the institutional assistance grants program.

(3) Agricultural loan forgiveness. In distributing funds appropriated for agricultural loan forgiveness, the agency shall give preference to renewal applicants.

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

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

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

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

Section 1743-L. Pennsylvania Public Television Network Commission (Reserved).

Section 1744-L. Pennsylvania Securities Commission (Reserved).

Section 1745-L. State Tax Equalization Board (Reserved).

Section 1746-L. Health Care Cost Containment Council.

The Health Care Cost Containment Council shall submit a report to the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives specifying the amount and source of proceeds received from the sale of data by the council. The report shall supplement the annual report of financial expenditures required under section 17.1 of the act of July 8, 1986 (P.L.408, No.89), known as the Health Care Cost Containment Act. Forty percent of the proceeds received from the sale of data may be used for the operations of the council. The remainder of the proceeds shall be deposited in the General Fund and shall not be expended unless appropriated by the General Assembly.

Section 1747-L. State Ethics Commission (Reserved).

Section 1748-L. State Employees' Retirement System (Reserved).

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

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

Section 1751-L. LIHEABG (Reserved).

Section 1752-L. Budget Stabilization Reserve Fund (Reserved).

SUBARTICLE C

LEGISLATIVE DEPARTMENT

Section 1761-L. Authorization to transfer certain legislative appropriations.

(a) Transfer.--All appropriations made in the General Appropriation Act of 2010, or in any other act in any fiscal year to an account of an agency within sections 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263 and 264 of the General Appropriation Act of 2010 remaining unexpended on the effective date of the General Appropriation Act of 2010 may be transferred to the accounts of the agencies within sections 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263 and 264 upon the written concurrence of all of the following:

(1) The President pro tempore of the Senate.

(2) The Majority Leader of the Senate.

(3) The Minority Leader of the Senate.

(4) The Speaker of the House of Representatives.

(5) The Majority Leader of the House of Representatives.

(6) The Minority Leader of the House of Representatives.

(b) Limitation.--The power to transfer appropriations under subsection (a) shall be limited to the 2010-2011 fiscal year.

SUBARTICLE D

JUDICIAL DEPARTMENT

Section 1781-L. Supreme Court (Reserved).

Section 1782-L. Superior Court (Reserved).

Section 1783-L. Commonwealth Court (Reserved).

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

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

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

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

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

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

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

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

Section 1792-L. Senior judges (Reserved).

Section 1793-L. Transfer of funds by Supreme Court (Reserved).

ARTICLE XVII-M

2010-2011 RESTRICTIONS ON APPROPRIATIONS

FOR FUNDS AND ACCOUNTS

Section 1701-M. Applicability of article.

Except as specifically provided in this article, this article applies to the General Appropriation Act of 2010 and all other appropriation acts of 2010.

Section 1702-M. State Lottery Fund.

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

(2) (Reserved).

Section 1703-M. Energy Conservation and Assistance Fund (Reserved).

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

Section 1704.1-M. Access to Justice Account (Reserved).

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

Section 1706-M. State Stores Fund (Reserved).

Section 1707-M. Motor License Fund.

A portion of the appropriation for the Office of the Budget may be distributed upon approval of the secretary to other State agencies to pay for comptroller services provided to the agency. The secretary shall provide notice ten days prior to a distribution under this section to the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives.

Section 1708-M. Hazardous Material Response Fund (Reserved).

Section 1709-M. Milk Marketing Fund (Reserved).

Section 1710-M. Home Investment Trust Fund (Reserved).

Section 1711-M. Tuition Payment Fund (Reserved).

Section 1712-M. Banking Department Fund (Reserved).

Section 1713-M. Firearm Records Check Fund (Reserved).

Section 1714-M. Ben Franklin Technology Development Authority Fund (Reserved).

Section 1715-M. Tobacco Settlement Fund.

(a) Deposits.--

(1) Notwithstanding sections 303(b)(2), (3) and (4) and 306 of the act of June 26, 2001 (P.L.755, No.77), known as the Tobacco Settlement Act, the following shall apply:

(i) For fiscal year 2010-2011, the strategic contribution payments received in fiscal year 2009-2010, pursuant to the Master Settlement Agreement, shall be deposited in the Tobacco Settlement Fund.

(ii) For fiscal year 2010-2011, $15,000,000 of the funds derived under section 303(b)(3) of the Tobacco Settlement Act shall be deposited into the Tobacco Settlement Fund.

(iii) For fiscal year 2010-2011, 25% of the money appropriated under section 306(b)(1)(iii) of the Tobacco Settlement Act may not be expended, transferred or lapsed but shall remain in the Tobacco Settlement Fund.

(iv) For fiscal year 2010-2011, 33.3% of the money appropriated under section 306(b)(1)(vi) of the Tobacco Settlement Act may not be expended, transferred or lapsed but shall remain in the Tobacco Settlement Fund.

(2) Money deposited into the fund under paragraph (1) shall be appropriated for health-related purposes. If applicable, the amount appropriated in accordance with this paragraph shall be matched by appropriated Federal augmenting funds.

(b) Transfers.--

(1) Notwithstanding sections 306 and 307 of the Tobacco Settlement Act, the following shall apply.

(i) For fiscal year 2010-2011, 100% of the money received in fiscal year 2009-2010 and appropriated under section 306(b)(1)(i) of the Tobacco Settlement Act shall be transferred from the Tobacco Endowment Account for Long-Term Hope to the Tobacco Settlement Fund.

(ii) (Reserved).

(2) Money transferred under paragraph (1)(i) shall be appropriated for health-related purposes. If applicable, the amount appropriated in accordance with this paragraph shall be matched by appropriated Federal augmenting funds.

(3) Notwithstanding any provisions of law to the contrary, after all transfers required under paragraph (1)(i) are made, $121,000,000 remaining in the Tobacco Endowment Account for Long-Term Hope shall be transferred to a restricted receipt account hereby created in the General Fund and shall be used to augment the appropriation for payment of required contribution for public school employees' retirement.

(4) Notwithstanding the provisions of Chapter 3 of the Tobacco Settlement Act, all remaining assets, cash and investments in the Tobacco Endowment Account for Long-Term Hope, after the transfer in paragraphs (1)(i) and (3) are made, and any other funds deposited in the account in fiscal year 2010-2011, shall be transferred by June 1, 2011, to the Tobacco Settlement Fund.

(5) Notwithstanding the provisions of Chapter 3 of the Tobacco Settlement Act, for fiscal year 2010-2011, $250,000,000 shall be transferred from the Tobacco Settlement Fund to the General Fund.

(c) Allocation.--Funding for local programs under section 708(b) of the Tobacco Settlement Act shall be allocated as follows:

(1) Thirty percent of grant funding to primary contractors for local programs shall be allocated equally among each of the 67 counties.

(2) The remaining 70% of grant funding to primary contractors for local programs shall be allocated on a per capita basis of each county with a population greater than 60,000. The per capita formula shall be applied only to that portion of the population that is greater than 60,000 for each county.

(3) Budgets shall be developed by each primary contractor to reflect service planning and expenditures in each county. Each primary contractor will ensure that services are available to residents of each county and must expend the allocated funds on a per-county basis pursuant to paragraphs (1) and (2).

(4) The Department of Health shall compile a detailed annual report of expenditures per county and the specific programs offered in each region. This report shall be made available on the Department of Health's publicly available Internet website 60 days following the close of each fiscal year.

(5) During the third quarter of the fiscal year, funds which have not been spent within a service area may be reallocated to support programming in the same region.

(d) Use of money for lobbying prohibited.--No money derived from an appropriation by the General Assembly from the Tobacco Settlement Fund may be used for the lobbying of any State public official.

Section 1716-M. Community Health Reinvestment Restricted Account.

(a) Establishment.--There is established in the State Treasury a restricted receipt account in the Tobacco Settlement Fund to be known as the Community Health Reinvestment Restricted Account. Interest earned on money in the account shall remain in the account.

(b) Agreement on community health reinvestment.--Each calendar year, a corporation under 40 Pa.C.S. Ch. 61 (relating to hospital plan corporations) or 63 (relating to professional health services plan corporations) that is a party to the Agreement on Community Health Reinvestment entered into February 2, 2005, by the Insurance Department and the Capital Blue Cross, Highmark, Inc., Hospital Service Association of Northeastern Pennsylvania and Independence Blue Cross, and published in the Pennsylvania Bulletin at 35 Pa.B. 4155 (July 23, 2005), or any subsequent agreement, shall pay to the account the amount calculated for such calendar year in section 5 of the agreement, published at 35 Pa.B. 4156.

(c) Appropriation.--The money in the account, including all interest earned, is appropriated to the Insurance Department to be used in accordance with the agreement on community health reinvestment described in subsection (b).

Section 1717-M. Health Care Provider Retention Account (Reserved).

Section 1717.1-M. Medical Care Availability and Reduction of Error Fund (Reserved).

Section 1718-M. Budget Stabilization Reserve Fund (Reserved).

Section 1718.1-M. (Reserved).

Section 1719-M. 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) Federal Land and Water Conservation Fund Act.

(3) National Forest Reserve Allotment.

(4) Federal Land and Water Conservation Fund Act - Conservation and Natural Resources.

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

(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.

(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.

Section 1720-M. State Gaming Fund (Reserved).

Section 1721-M. Pennsylvania Race Horse Development Fund (Reserved).

Section 1722-M. Straw Purchase Prevention Education Fund (Reserved).

Section 1723-M. Budget Stabilization Reserve Fund.

Notwithstanding the provisions of Subarticle A of Article XVII-A, in fiscal year 2010-2011, $745,000 shall be transferred from the Budget Stabilization Reserve Fund to the General Fund. The provisions of section 1703-A shall not apply to this section.

Section 1724-M. Emergency Medical Services Operating Fund.

Notwithstanding the provisions of 35 Pa.C.S. Ch. 81 (relating to emergency medical services system) and 75 Pa.C.S. § 3121 (relating to EMS costs), in fiscal year 2010-2011, $5,000,000 shall be transferred from the Emergency Medical Services Operating Fund to the General Fund.

Section 1725-M. Highway Beautification Fund.

Notwithstanding the act of December 15, 1971 (P.L.596, No.160), known as the Outdoor Advertising Control Act of 1971, for fiscal year 2010-2011, $800,000 shall be transferred from the Highway Beautification Fund to the General Fund.

Section 1726-M. Keystone Recreation, Park and Conservation Fund.

Notwithstanding any other provision of law to the contrary, for fiscal year 2010-2011, the total amount of funding available to the State System of Higher Education for deferred maintenance under the act of July 2, 1993 (P.L.359, No.50), known as the Keystone Recreation, Park and Conservation Fund Act, shall be transferred from the Keystone Recreation, Park and Conservation Fund to the General Fund.

Section 1727-M. Local Government Capital Project Fund.

Notwithstanding Article XVI-D, for fiscal year 2010-2011, $1,000,000 shall be transferred from the Local Government Capital Project Fund to the General Fund.

Section 1728-M. Low-Level Waste Fund.

Notwithstanding the act of February 9, 1988 (P.L.31, No.12), known as the Low-Level Radioactive Waste Disposal Act, for fiscal year 2010-2011, $2,700,000 shall be transferred from the Low-Level Waste Fund to the General Fund.

Section 1729-M. Pennsylvania Economic Revitalization Fund.

Notwithstanding the act of July 2, 1984 (P.L.512, No.104), known as the Pennsylvania Economic Revitalization Act, for fiscal year 2010-2011, $5,400,000 shall be transferred from the Pennsylvania Economic Revitalization Fund to the General Fund. Moneys remaining in the fund shall be used to retire all of the outstanding debt payable attributed to the fund.

Section 1730-M. Small Business First Fund.

Notwithstanding 12 Pa.C.S. Pt. III (relating to economic development programs), for fiscal year 2010-2011, $4,000,000 shall be transferred from the Small Business First Fund to the General Fund.

ARTICLE XVII-N

RETIREMENT

Section 1701-N. Public School Employees' Retirement System recertification to Secretary of the Budget.

Notwithstanding any other provisions of law to the contrary, the Public School Employees' Retirement Board shall, effective for the fiscal year beginning July 1, 2010, recertify to the Secretary of the Budget and the employers, as defined in 24 Pa.C.S. § 8102 (relating to definitions), within 20 days of the effective date of this section, the employer contribution rate expressed as a percentage of members' payroll necessary for the funding of prospective annuities for active members and the annuities of annuitants to be 5.00%, plus the premium assistance contribution rate of .64% in accordance with 24 Pa.C.S. § 8328(f) (relating to actuarial cost method), and also recertify the rates, factors and amounts set forth in 24 Pa.C.S. § 8502(k) (relating to administrative duties of board) to reflect the impact of the recertified rates provided in this section. This recertification shall supersede the prior certification for the fiscal year beginning July 1, 2010, for all purposes.

Section 1702-N. State Employees' Retirement System.

Notwithstanding any provision of 71 Pa.C.S. (relating to State government) or other law to the contrary, and notwithstanding any actuarial calculation resulting in any employer contribution rate previously made and certified by the State Employees' Retirement Board pursuant to 71 Pa.C.S. for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the composite employer contribution rate to determine contributions by the Commonwealth and other employers to the State Employees' Retirement System for the fiscal year beginning July 1, 2010, and ending June 30, 2011, shall be 1% of compensation greater than the composite employer contribution rate for the immediately prior fiscal year. In addition to the temporarily limited composite employer contribution rate established by this section, the Commonwealth and other employers whose employees are active members in the State Employees' Retirement System shall make the contributions to fund the Benefits Completion Plan established under 71 Pa.C.S. § 5941 (relating to benefits completion plan) as certified by the State Employees' Retirement Board.

Section 4. Intent regarding legislation.

(4 expired December 1, 2010. The expiration date was contained within the text of section 4.)

Section 5. Repeals are as follows:

(1) The General Assembly declares that the repeal under paragraph (2) is necessary to effectuate the addition of section 1761-L of the act.

(2) Section 1909 of the act of July 6, 2010 (P.L.1367, No.1A), known as the General Appropriation Act of 2010, is repealed.

(3) The General Assembly declares that the repeal under paragraph (4) is necessary to effectuate the addition of section 1723-M of the act.

(4) Section 2912-F(c) of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, is repealed.

Section 6. If enacted after July 1, 2010, this act shall be retroactive to July 1, 2010.

Section 7. This act shall take effect immediately.

APPROVED--The 6th day of July, A.D. 2010.

EDWARD G. RENDELL