Pennsylvania Act 2023-22 — ADMINISTRATIVE CODE OF 1929 - SCOPE, FLOOD INSURANCE PREMIUM ASSISTANCE TASK FORCE, CHILD SUPPORT ENFORCEMENT FEES AND SURCHARGE AND FEE

Act text

Session of 2023

No. 2023-22

HB 735

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled "An act providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions, and officers thereof, including the boards of trustees of State Normal Schools, or Teachers Colleges; abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions; defining the powers and duties of the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers; fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers; providing for the appointment of certain administrative officers, and of all deputies and other assistants and employes in certain departments, boards, and commissions; providing for judicial administration; and prescribing the manner in which the number and compensation of the deputies and all other assistants and employes of certain departments, boards and commissions shall be determined," in Commonwealth budget procedures, providing for scope and for definitions; providing for Flood Insurance Premium Assistance Task Force; in powers and duties of Department of Human Services and its departmental administrative and advisory boards and commissions, providing for child support enforcement fees; and, in judicial administration, providing for surcharge and fee.

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

Section 1. The act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, is amended by adding sections to read:

Section 601. Scope of article.--(a) This article applies to all legislative and executive actions related to the enactment and implementation of legislation under sections 13 and 14 of Article VIII of the Constitution of Pennsylvania.

(b) Subsection (a) includes the determination of a surplus under this article and Subarticle A of Article XVII-A of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code."

Section 602. 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:

"Surplus." A fiscal operating result which occurs in a fund at the end of a fiscal year, whereby expenditures, including tax refunds, are less than the fund's beginning balance, revenues and receipts and lapses during the same period.

Section 1.1. The act is amended by adding an article to read:

ARTICLE XV-C

FLOOD INSURANCE PREMIUM ASSISTANCE TASK FORCE

Section 1501-C. Definitions.

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

"FEMA." The Federal Emergency Management Agency.

"Task force." The Flood Insurance Premium Assistance Task Force established under section 1503-C.

Section 1502-C. Findings.

The General Assembly finds that:

(1) Many communities within this Commonwealth have faced devastating floods in recent years.

(2) The provisions of 42 U.S.C. Ch. 50 (relating to national flood insurance) have caused steep increases in flood insurance premiums to pay for increased spending in the FEMA flood disaster assistance program.

(3) In the past several years, FEMA has revised its flood mapping to include many properties that previously did not require flood insurance.

(4) Whole communities along Pennsylvania's rivers and creeks could be devastated by plummeting property values due to unaffordable flood insurance premiums.

Section 1503-C. Flood Insurance Premium Assistance Task Force.

(a) Establishment.--The Flood Insurance Premium Assistance Task Force is established.

(b) Membership.--The task force shall consist of the following members, appointed within 25 days after the effective date of this subsection:

(1) The Insurance Commissioner, or a designee who shall be an employee of the Insurance Department appointed by the Insurance Commissioner, shall be the chair of the task force.

(2) The Director of the Pennsylvania Emergency Management Agency, or a designee who shall be an employee of the Pennsylvania Emergency Management Agency appointed by the Director of the Pennsylvania Emergency Management Agency.

(3) The Secretary of Banking and Securities, or a designee who shall be an employee of the Department of Banking and Securities appointed by the Secretary of Banking and Securities.

(4) One member appointed by the President pro tempore of the Senate.

(5) One member appointed by the Minority Leader of the Senate.

(6) One member appointed by the Speaker of the House of Representatives.

(7) One member appointed by the Minority Leader of the House of Representatives.

(c) Conducting of business.--The task force shall conduct its business as follows:

(1) The physical presence of a majority of the members shall constitute a quorum of the task force.

(2) Action of the task force must be authorized or ratified by a majority vote of its members.

(3) A member not physically present may participate by teleconference or video conference.

(4) The first meeting shall be convened within 45 days of the effective date of this paragraph. Additional meetings may be called by the chair as necessary.

(5) The chair shall schedule a meeting upon written request of a two-thirds majority of the members of the task force.

(6) The task force shall hold public hearings as necessary to obtain the information required to conduct its review.

(7) All meetings and hearings held by the task force shall be subject to 65 Pa.C.S. Ch. 7 (relating to open meetings).

(8) The Department of Community and Economic Development, the Department of Conservation and Natural Resources, the Department of Environmental Protection and the Insurance Department shall cooperate to provide administrative or other assistance to the task force.

(9) Members may not receive compensation but shall be reimbursed for reasonable and necessary expenses incurred in service of the task force.

(d) Powers and duties.--The task force shall have the following powers and duties:

(1) To review and analyze the law, procedures, practices, processes and rules relating to the administration of flood insurance.

(2) To hold public hearings for the taking of testimony and the requesting of documents.

(3) Through its chair, to administer oaths and affirmations to witnesses appearing before the task force.

(4) To accept and review written comments from individuals and organizations.

(5) To make, by no later than six months after the effective date of this paragraph, a final report to the Governor, the Senate and the House of Representatives. In addition to any information that the task force deems appropriate, the report shall include recommendations regarding:

(i) potential programs that provide premium discounts;

(ii) potential programs, whether through the mechanism of premium discounts or other relief, that create incentives for local governments to undertake or continue flood mitigation efforts;

(iii) the implementation of necessary changes in statutes and practices of this Commonwealth, policies and procedures relating to the administration of flood insurance;

(iv) how to educate residents of this Commonwealth about the risk of flooding and ways to mitigate flood occurrences;

(v) steps that the Commonwealth should take to inform residents about the options available when purchasing flood insurance; and

(vi) how to increase the number of people that purchase flood insurance, either through the National Flood Insurance Program or the private flood insurance market.

(e) Report.--The report made under this article shall be:

(1) Adopted at a public meeting.

(2) A public record under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(f) Expiration.--The task force shall expire 30 days after making the final report to the Governor, the Senate and the House of Representatives under subsection (d)(5).

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

Section 2338. Child Support Enforcement Fees.--The Department of Human Services may impose a fee of thirty-five dollars ($35) in each child support case in which an individual has never received assistance under 42 U.S.C. Ch. 7 Subch. IV Pt. A (relating to block grants to states for temporary assistance for needy families) and for whom the Commonwealth has collected at least five hundred fifty dollars ($550) of support in a Federal fiscal year. The Commonwealth shall pay the thirty-five dollar ($35) fee for those cases in which the annual collection is between five hundred fifty dollars ($550) and one thousand nine hundred ninety-nine dollars and ninety-nine cents ($1,999.99). The thirty-five dollar ($35) fee shall be collected from the custodial parent in cases where annual collections equal two thousand dollars ($2,000) or more. Notwithstanding any other provision of law, the federally mandated thirty-five dollar ($35) annual fee collected from the custodial parent shall be retained by the Department of Human Services.

Section 2802-E. Surcharge and fee.

(a) Imposition.--

(1) The following apply:

(i) In addition to the fees imposed under 42 Pa.C.S. § 3733(a.1) (relating to deposits into account), a surcharge of $10 shall be charged and collected by a division of the Unified Judicial System.

(ii) The additional surcharge under this paragraph shall be deposited into the Judicial Department Operations Augmentation Account established under section 1795.1-E(d) of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.

(iii) This paragraph shall expire July 31, 2025.

(2) The following apply:

(i) In addition to the fees imposed under 42 Pa.C.S. § 3733(a.1), a surcharge of $11.25 shall be charged and collected by a division of the Unified Judicial System.

(ii) The surcharge under this paragraph shall be deposited in the Judicial Department Operations Augmentation Account established under section 1795.1-E(d) of The Fiscal Code.

(iii) This paragraph shall expire July 31, 2025.

(b) Suspension of deposit.--For fiscal year 2023-2024, the deposit required under section 1795.2-E of The Fiscal Code shall be suspended.

Section 2.1. The General Assembly finds and declares as follows:

(1) In all legislative and executive actions related to the enactment and implementation of legislation under sections 13 and 14 of Article VIII of the Constitution of Pennsylvania, the term "surplus" has always meant a fiscal operating result which occurs in a fund at the end of a fiscal year, whereby expenditures, including tax refunds, are less than the fund's beginning balance, revenues and receipts and lapses during the same period.

(2) The addition of the definition of "surplus" in section 602 of the act is a clarification of existing law.

Section 3. This act shall take effect as follows:

(1) The addition of Article XV-C of the act shall take effect in 60 days.

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

APPROVED--The 1st day of November, A.D. 2023.

JOSH SHAPIRO