SENATE AMENDED
PRIOR PRINTER'S NOS. 1528, 3271, 3375 PRINTER'S NO. 3379
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1421
Session of
2021
INTRODUCED BY THOMAS, BOBACK, FARRY, FREEMAN, HILL-EVANS,
HOHENSTEIN, JAMES, KERWIN, LABS, MILLARD, PENNYCUICK,
POLINCHOCK, SCHROEDER, TOMLINSON, WEBSTER, RYAN, BURNS,
CIRESI, MIZGORSKI, DELLOSO, ORTITAY, T. DAVIS, WARREN,
SCHLEGEL CULVER, C. WILLIAMS, SAINATO AND WELBY, MAY 14, 2021
AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, JULY 8, 2022
AN ACT
1 Amending the act of April 9, 1929 (P.L.343, No.176), entitled
2 "An act relating to the finances of the State government;
3 providing for cancer control, prevention and research, for
4 ambulatory surgical center data collection, for the Joint
5 Underwriting Association, for entertainment business
6 financial management firms, for private dam financial
7 assurance and for reinstatement of item vetoes; providing for
8 the settlement, assessment, collection, and lien of taxes,
9 bonus, and all other accounts due the Commonwealth, the
10 collection and recovery of fees and other money or property
11 due or belonging to the Commonwealth, or any agency thereof,
12 including escheated property and the proceeds of its sale,
13 the custody and disbursement or other disposition of funds
14 and securities belonging to or in the possession of the
15 Commonwealth, and the settlement of claims against the
16 Commonwealth, the resettlement of accounts and appeals to the
17 courts, refunds of moneys erroneously paid to the
18 Commonwealth, auditing the accounts of the Commonwealth and
19 all agencies thereof, of all public officers collecting
20 moneys payable to the Commonwealth, or any agency thereof,
21 and all receipts of appropriations from the Commonwealth,
22 authorizing the Commonwealth to issue tax anticipation notes
23 to defray current expenses, implementing the provisions of
24 section 7(a) of Article VIII of the Constitution of
25 Pennsylvania authorizing and restricting the incurring of
26 certain debt and imposing penalties; affecting every
27 department, board, commission, and officer of the State
28 government, every political subdivision of the State, and
29 certain officers of such subdivisions, every person,
30 association, and corporation required to pay, assess, or
 1 collect taxes, or to make returns or reports under the laws
2 imposing taxes for State purposes, or to pay license fees or
3 other moneys to the Commonwealth, or any agency thereof,
4 every State depository and every debtor or creditor of the
5 Commonwealth," in emergency COVID-19 response, further
6 providing for definitions, repealing provisions relating to
7 money in account, providing for Executive Offices, for Whole-
8 Home Repairs Program and for arts and culture recovery
9 grants, further providing for emergency education relief to
10 nonpublic schools and for funding for library services and
11 providing for biotechnology research, for use of money, for
12 Child Care Stabilization Program, for Behavioral Health
13 Commission or Adult Mental Health, for Department of Revenue,
14 for State university assistance for fiscal year 2022-2023,
15 for Development Cost Relief Program, for Housing Options
16 Grant Program and for Department of Conservation and Natural
17 Resources; in Rental and Utility Assistance Grant Program,
18 further providing for reallocation of grants; in American
19 Rescue Plan Rental and Utility Assistance Grant Program,
20 further providing for department; in Treasury Department,
21 providing for Commonwealth payment security; in oil and gas
22 wells, further providing for Oil and Gas Lease Fund; in
23 transportation network companies, motor carrier companies and
24 parking authority of a city of the first class, further
25 providing for transportation network company extension;
26 providing for Agriculture Conservation Assistance Program
27 and, for Clean Water Procurement Program AND FOR HUMAN <--
28 SERVICES; in special funds, further providing for funding,
29 for transfer, for H2O PA Account and for other grants; in
30 additional special funds and restricted accounts, further
31 providing for establishment of special fund and account, for
32 use of fund, for distributions from Pennsylvania Race Horse
33 Development Fund, for Workers' Compensation Security Fund
34 transfer to COVID-19 Response Restricted Account and for
35 Opioid Settlement Restricted Account; providing for
36 additional special funds and restricted accounts; in 2021-
37 2022 budget implementation, further providing for executive
38 offices and for Department of Human Services; in general
39 budget implementation, further providing for Executive
40 Offices, for Department of Corrections, for Department of
41 Education, for Department of Health, for Department of Labor
42 and Industry, for Department of Military and Veterans
43 Affairs, for Department of Human Services, for Department of
44 Revenue, for Pennsylvania Infrastructure Investment
45 Authority, for Pennsylvania Board of Probation and Parole,
46 for Pennsylvania Public Television Network Commission, for
47 Pennsylvania Securities Commission and for State Tax
48 Equalization Board, providing for State-related universities
49 and further providing for surcharges and for Multimodal
50 Transportation Fund; providing for 2022-2023 budget
51 implementation and for 2022-2023 restrictions on
52 appropriations for funds and accounts; ABROGATING <--
53 REGULATIONS; and making related repeals.
54 The General Assembly finds and declares as follows:
55 (1) The intent of this act is to provide for the
56 implementation of the 2022-2023 Commonwealth budget.
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 1 (2) The Constitution of Pennsylvania confers numerous
2 express duties upon the General Assembly, including the
3 passage of a balanced budget for the Commonwealth.
4 (3) Section 24 of Article III of the Constitution of
5 Pennsylvania requires the General Assembly to adopt all
6 appropriations for the operation of government in this
7 Commonwealth, regardless of their source. The Supreme Court
8 has repeatedly affirmed that "It is fundamental within
9 Pennsylvania's tripartite system that the General Assembly
10 enacts the legislation establishing those programs which the
11 State provides for its citizens and appropriates the funds
12 necessary for their operation."
13 (4) Pursuant to section 13 of Article VIII of the
14 Constitution of Pennsylvania, the General Assembly is
15 explicitly required to adopt a balanced Commonwealth budget.
16 Given the unpredictability and potential insufficiency of
17 revenue collections, various changes in State law relating to
18 sources of revenue, the collection of revenue and the
19 implementation of statutes which impact revenue may be
20 required to discharge this constitutional obligation.
21 (5) Section 11 of Article III of the Constitution of
22 Pennsylvania requires the adoption of a general appropriation
23 act that embraces "nothing but appropriations." While actual
24 items of appropriation can be contained in a General
25 Appropriation Act, the achievement and implementation of a
26 comprehensive budget involves more than subjects of
27 appropriations and dollar amounts. Ultimately, the budget has
28 to be balanced under section 13 of Article VIII of the
29 Constitution of Pennsylvania. This may necessitate changes to
30 sources of funding and enactment of statutes to achieve full
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 1 compliance with these constitutional provisions.
2 (6) For the reasons set forth in paragraphs (1), (2),
3 (3), (4) and (5), it is the intent of the General Assembly
4 through this act to provide for the implementation of the
5 2022-2023 Commonwealth budget.
6 (7) Every provision of this act relates to the
7 implementation of the operating budget of the Commonwealth
8 for this fiscal year, addressing in various ways the fiscal
9 operations, revenues and potential liabilities of the
10 Commonwealth. To that end, this act is intended to implement
11 the 2022-2023 Commonwealth budget without specifically
12 appropriating public money from the General Fund. This act
13 provides accountability for spending and makes transfers or
14 other changes necessary to impact the availability of revenue
15 in order to meet the requirements of section 13 of Article
16 VIII of the Constitution of Pennsylvania and to implement the
17 act of (P.L. , No. ), known as the General
18 Appropriation Act of 2022.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 101-C of the act of April 9, 1929
22 (P.L.343, No.176), known as The Fiscal Code, is amended by
23 adding a definition to read:
24 Section 101-C. Definitions.
25 The following words and phrases when used in this article
26 shall have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 * * *
29 "American Rescue Plan Act of 2021" or "ARPA." The American
30 Rescue Plan Act of 2021 (Public Law 117-2, 135 Stat. 4).
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 1 * * *
2 Section 2. Section 111-C(g) of the act is repealed:
3 Section 111-C. Money in account.
4 * * *
5 [(g) Transfer.--
6 (1) Federal money from the Coronavirus State Fiscal
7 Recovery Fund in the account other than amounts appropriated
8 under Part XXX of the act of June 30, 2021 (P.L.1325, and
9 Article I-J, shall be transferred to the General Fund for use
10 under section 602(c)(1) of the Social Security Act (49 Stat.
11 620, 42 U.S.C. § 802(c)(1)) for fiscal years beginning after
12 June 30, 2022.
13 (2) A transfer under paragraph (1) shall be made by the
14 State Treasurer on the following schedule:
15 (i) For the 2022-2023 fiscal year, the transfer
16 shall be made no earlier than July 31, 2022.
17 (ii) For the 2023-2024 fiscal year, the transfer
18 shall be made no earlier than July 31, 2023.
19 (3) The amount of the transfer under paragraph (1) made
20 for a fiscal year may not be higher than the amount which may
21 be used for the fiscal year under 42 U.S.C. § 802(c)(1).
22 (4) Any money which remains in the account after a
23 transfer under paragraph (1) shall be transferred under
24 paragraph (2) in the following fiscal year.]
25 Section 3. Article I-C of the act is amended by adding a
26 subarticle to read:
27 SUBARTICLE B.1
28 EXECUTIVE OFFICES
29 Section 115-C. Transfer to the Unemployment Compensation Trust
30 Fund.
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 1 (a) Certification of information.--No later than September
2 1, 2022, November 1, 2022, December 15 2022 and February 1,
3 2023, the Secretary of Labor and Industry shall certify to the
4 Secretary of the Budget, the chairperson and minority
5 chairperson of the Appropriations Committee of the Senate and
6 the chairperson and minority chairperson of the Appropriations
7 Committee of the House of Representatives all of the following:
8 (1) The balance of the Unemployment Compensation Trust
9 Fund as of the date of the certification.
10 (2) The estimated revenues to be deposited into the
11 Unemployment Compensation Trust Fund for the remainder of the
12 fiscal year.
13 (3) The estimated expenditures from the Unemployment
14 Compensation Trust Fund for the remainder of the fiscal year.
15 (4) The balance of the loans from the Federal Government
16 as of the date of the certification.
17 (5) Whether the balance of the loans under paragraph (4)
18 will subject the Commonwealth to a FUTA credit reduction if
19 the loans are not repaid by January 1, 2023.
20 (b) Transfer.--Upon receipt of a certification under
21 subsection (a), the Secretary of the Budget shall transfer
22 amounts from the appropriation for COVID Relief - ARPA -
23 Transfer to the Unemployment Compensation Trust Fund to the
24 Unemployment Compensation Trust Fund. Amounts transferred to the
25 Unemployment Compensation Trust Fund under this subsection shall
26 be used as follows:
27 (1) To repay advances prior to November 10, 2022, to
28 avoid a reduction in the tax credit available to employers
29 under 26 U.S.C. § 3302 (relating to credits against tax).
30 (2) To repay the entire outstanding advances prior to
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 1 January 1, 2023, to avoid a reduction in the tax credit
2 available to employers under 26 U.S.C. § 3302.
3 (3) Excess money remaining after advances are paid in
4 accordance with paragraphs (1) and (2) shall be used to repay
5 outstanding advances prior to April 30, 2023.
6 (4) After April 30, 2023, any remaining money shall be
7 used in the following order of priority:
8 (i) The repayment of outstanding advances.
9 (ii) The payment of benefits under the act of
10 December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1),
11 known as the Unemployment Compensation Law, if the
12 department determines that additional advances will not
13 be necessary for at least one year.
14 Section 116-C. Local Law Enforcement Support Grant Program.
15 (a) Establishment.--The commission shall establish the Local
16 Law Enforcement Support Grant Program for law enforcement
17 agencies.
18 (b) Administration.--The program shall provide a law
19 enforcement agency with the necessary resources to allow the law
20 enforcement agency to implement information technology
21 improvements, purchase or upgrade equipment, cover
22 nontraditional law enforcement personnel costs, support
23 retention and recruitment efforts and provide necessary training
24 and cover related expenses.
25 (c) Applications.--The commission shall prescribe the form
26 and manner in which an application may be submitted to receive a
27 grant award under the program. The commission shall accept
28 applications on an annual basis.
29 (d) Use of grants.--From money appropriated for COVID Relief
30 - ARPA - Local Law Enforcement Support, a law enforcement agency
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 1 may use a grant award under the program for any of the
2 following:
3 (1) Technology and information technology improvements,
4 including, but not limited to, record management systems,
5 report management systems and national incident-based
6 reporting system updates.
7 (2) Hardware and software equipment, including, but not
8 limited to, body-worn cameras, vehicle cameras and mobile
9 information technology equipment.
10 (3) Nonsworn personnel costs, including, but not limited
11 to, civilian personnel, co-responder models, crisis
12 intervention specialists or civilian community relations
13 specialists.
14 (4) Nonreoccurring personnel costs for sworn officers,
15 including, but not limited to, officer wellness programs,
16 programs that support increased diversity and retention and
17 recruitment programs.
18 (5) Policy development, evidence-based practices and
19 training, including, but not limited to, crisis intervention
20 training, use of force training, implicit bias training,
21 deescalation training and associated costs related to
22 training.
23 (e) Prioritization.--The commission shall prioritize issuing
24 grants under the program for areas of this Commonwealth with
25 high rates of violence or to law enforcement agencies with low
26 clearance rates.
27 (f) Limitations.--The following shall apply to grants issued
28 by the commission under the program:
29 (1) A grant award to a city of the first class shall not
30 exceed $25,000,000.
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 1 (2) A grant award to a city of the second class shall
2 not exceed $20,000,000.
3 (3) A grant award to a municipality with a population of
4 55,000 or greater based on the most recent Federal decennial
5 census, not including a city of the first class or a city of
6 the second class, shall not exceed $10,000,000.
7 (4) A grant award to a municipality with a population
8 between 18,000 and 55,000 based on the most recent Federal
9 decennial census, not including a city of the first class or
10 a city of the second class, shall not exceed $5,000,000.
11 (5) A grant award to a municipality with a population
12 less than 18,000 based on the most recent Federal decennial
13 census, not including a city of the first class or a city of
14 the second class, shall