SENATE AMENDED
PRIOR PRINTER'S NOS. 1378, 1446, 1943,
2107 PRINTER'S NO. 2441
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1300
Session of
2023
INTRODUCED BY MEHAFFIE, KIM, MADDEN, HILL-EVANS, KHAN,
SCHLOSSBERG, DELLOSO, GUENST, CIRESI, SANCHEZ, GREEN,
KENYATTA, T. DAVIS AND WEBSTER, MAY 30, 2023
AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, DECEMBER 13, 2023
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
31 collect taxes, or to make returns or reports under the laws
 1 imposing taxes for State purposes, or to pay license fees or
2 other moneys to the Commonwealth, or any agency thereof,
3 every State depository and every debtor or creditor of the
4 Commonwealth," in emergency COVID-19 response, further
5 providing for Whole-Home Repairs Program and providing for
6 declined and unclaimed allocations and for adult mental
7 health program funding; providing for tenant protections, for
8 911 emergency communication services, for medical debt relief
9 and for institutions of purely public charity; in cigarette
10 sales and licensing, further providing for definitions and
11 providing for presumed cost of doing business by retailer,
12 for presumed cost of doing business by stamping agent and for
13 presumed cost of doing business by wholesaler; providing for
14 indigent defense; in oil and gas wells, further providing for
15 Oil and Gas Lease Fund; in transportation network companies,
16 motor carrier companies and parking authority of a city of
17 the first class, providing for designated municipal agent and
18 authorized salvor for city of the first class and for
19 operation as taxicab; in assessments, providing for Statewide
20 quality care assessment; providing for transportation pilot
21 programs; in human services, providing for payment increase
22 for dental services and for abrogation of department
23 procurement; providing for Attorney General, for mixed-use
24 revitalization and for Pennsylvania Long-Term Care Council;
25 in special funds, further providing for funding and providing
26 for extension of payments; in additional special funds and
27 restricted accounts, further providing for establishment of
28 special fund and account, for use of fund and for
29 distributions from Pennsylvania Race Horse Development Fund
30 and repealing provisions relating to Enhanced Revenue
31 Collection Account; in additional special funds and
32 restricted accounts, further providing for definitions, for
33 Sports Tourism and Marketing Account and for transfer of
34 funds and providing for Facility Transition Account, for
35 Service and Infrastructure Improvement Fund and for School
36 Environmental Repairs Program Restricted Account; in general
37 budget implementation, further providing for executive
38 offices, for Department of Agriculture, for Department of
39 Community and Economic Development, for Department of
40 Conservation and Natural Resources, for Department of
41 Education, for Department of Health, for Department of Human
42 Services, for Pennsylvania State Police, for Pennsylvania
43 Emergency Management Agency and for surcharges, repealing
44 provisions relating to deposit into School Safety and
45 Security Fund, further providing for Federal and Commonwealth
46 use of forest land and for Multimodal Transportation Fund,
47 repealing provisions relating to sales by distilleries and
48 providing for Pennsylvania Liquor Control Board wholesale
49 licensee discount program; in 2022-2023 budget
50 implementation, further providing for Department of Education
51 and for Department of Human Services; providing for 2023-2024
52 budget implementation, for 2023-2024 restrictions on
53 appropriations for funds and accounts, for 2023-2024 fund
54 transfers, for prior year appropriations and for Commonwealth
55 Housing Council; imposing penalties; making repeals; and
56 making an editorial change.
57 The General Assembly finds and declares as follows:
58 (1) The intent of this act is to provide for the
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 1 implementation of the 2023-2024 Commonwealth budget.
2 (2) The Constitution of Pennsylvania confers numerous
3 express duties upon the General Assembly, including the
4 passage of a balanced budget for the Commonwealth.
5 (3) Section 24 of Article III of the Constitution of
6 Pennsylvania requires the General Assembly to adopt all
7 appropriations for the operation of government in this
8 Commonwealth, regardless of their source. The Supreme Court
9 has repeatedly affirmed that "it is fundamental within
10 Pennsylvania's tripartite system that the General Assembly
11 enacts the legislation establishing those programs which the
12 State provides for its citizens and appropriates the funds
13 necessary for their operation."
14 (4) Pursuant to section 13 of Article VIII of the
15 Constitution of Pennsylvania, the General Assembly is
16 explicitly required to adopt a balanced Commonwealth budget.
17 Given the unpredictability and potential insufficiency of
18 revenue collections, various changes in State law relating to
19 sources of revenue, the collection of revenue and the
20 implementation of statutes which impact revenue may be
21 required to discharge this constitutional obligation.
22 (5) Section 11 of Article III of the Constitution of
23 Pennsylvania requires the adoption of a general appropriation
24 act that embraces "nothing but appropriations." While actual
25 items of appropriation can be contained in a general
26 appropriation act, the achievement and implementation of a
27 comprehensive budget involves more than subjects of
28 appropriations and dollar amounts. Ultimately, the budget has
29 to be balanced under section 13 of Article VIII of the
30 Constitution of Pennsylvania. This may necessitate changes to
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 1 sources of funding and enactment of statutes to achieve full
2 compliance with these constitutional provisions.
3 (6) For the reasons under paragraphs (1), (2), (3), (4)
4 and (5), it is the intent of the General Assembly through
5 this act to provide for the implementation of the 2023-2024
6 commonwealth budget.
7 (7) Every provision of this act relates to the
8 implementation of the operating budget of the Commonwealth
9 for this fiscal year, addressing in various ways the fiscal
10 operations, revenues and potential liabilities of the
11 Commonwealth. To that end, this act is intended to implement
12 the 2023-2024 Commonwealth budget without specifically
13 appropriating public money from the General Fund. This act
14 provides accountability for spending and makes transfers or
15 other changes necessary to impact the availability of revenue
16 in order to meet the requirements of section 13 of Article
17 VIII of the Constitution of Pennsylvania and to implement the
18 act of August 3, 2023 (P.L. , No.1A), known as the General
19 Appropriation Act of 2023.
20 AMENDING THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), ENTITLED <--
21 "AN ACT RELATING TO THE FINANCES OF THE STATE GOVERNMENT;
22 PROVIDING FOR CANCER CONTROL, PREVENTION AND RESEARCH, FOR
23 AMBULATORY SURGICAL CENTER DATA COLLECTION, FOR THE JOINT
24 UNDERWRITING ASSOCIATION, FOR ENTERTAINMENT BUSINESS
25 FINANCIAL MANAGEMENT FIRMS, FOR PRIVATE DAM FINANCIAL
26 ASSURANCE AND FOR REINSTATEMENT OF ITEM VETOES; PROVIDING FOR
27 THE SETTLEMENT, ASSESSMENT, COLLECTION, AND LIEN OF TAXES,
28 BONUS, AND ALL OTHER ACCOUNTS DUE THE COMMONWEALTH, THE
29 COLLECTION AND RECOVERY OF FEES AND OTHER MONEY OR PROPERTY
30 DUE OR BELONGING TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
31 INCLUDING ESCHEATED PROPERTY AND THE PROCEEDS OF ITS SALE,
32 THE CUSTODY AND DISBURSEMENT OR OTHER DISPOSITION OF FUNDS
33 AND SECURITIES BELONGING TO OR IN THE POSSESSION OF THE
34 COMMONWEALTH, AND THE SETTLEMENT OF CLAIMS AGAINST THE
35 COMMONWEALTH, THE RESETTLEMENT OF ACCOUNTS AND APPEALS TO THE
36 COURTS, REFUNDS OF MONEYS ERRONEOUSLY PAID TO THE
37 COMMONWEALTH, AUDITING THE ACCOUNTS OF THE COMMONWEALTH AND
38 ALL AGENCIES THEREOF, OF ALL PUBLIC OFFICERS COLLECTING
39 MONEYS PAYABLE TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
40 AND ALL RECEIPTS OF APPROPRIATIONS FROM THE COMMONWEALTH,
41 AUTHORIZING THE COMMONWEALTH TO ISSUE TAX ANTICIPATION NOTES
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 1 TO DEFRAY CURRENT EXPENSES, IMPLEMENTING THE PROVISIONS OF
2 SECTION 7(A) OF ARTICLE VIII OF THE CONSTITUTION OF
3 PENNSYLVANIA AUTHORIZING AND RESTRICTING THE INCURRING OF
4 CERTAIN DEBT AND IMPOSING PENALTIES; AFFECTING EVERY
5 DEPARTMENT, BOARD, COMMISSION, AND OFFICER OF THE STATE
6 GOVERNMENT, EVERY POLITICAL SUBDIVISION OF THE STATE, AND
7 CERTAIN OFFICERS OF SUCH SUBDIVISIONS, EVERY PERSON,
8 ASSOCIATION, AND CORPORATION REQUIRED TO PAY, ASSESS, OR
9 COLLECT TAXES, OR TO MAKE RETURNS OR REPORTS UNDER THE LAWS
10 IMPOSING TAXES FOR STATE PURPOSES, OR TO PAY LICENSE FEES OR
11 OTHER MONEYS TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
12 EVERY STATE DEPOSITORY AND EVERY DEBTOR OR CREDITOR OF THE
13 COMMONWEALTH," IN EMERGENCY COVID-19 RESPONSE, PROVIDING FOR
14 DECLINED AND UNCLAIMED ALLOCATIONS; PROVIDING FOR 911
15 EMERGENCY COMMUNICATION SERVICES AND FOR INSTITUTIONS OF
16 PURELY PUBLIC CHARITY; IN DEPARTMENT OF REVENUE, PROVIDING
17 FOR EXCLUSION FROM CLASSES OF INCOME; PROVIDING FOR INDIGENT
18 DEFENSE; IN OIL AND GAS WELLS, FURTHER PROVIDING FOR OIL AND
19 GAS LEASE FUND; IN TRANSPORTATION NETWORK COMPANIES, MOTOR
20 CARRIER COMPANIES AND PARKING AUTHORITY OF A CITY OF THE
21 FIRST CLASS, PROVIDING FOR DESIGNATED MUNICIPAL AGENT AND
22 AUTHORIZED SALVOR FOR CITY OF THE FIRST CLASS; IN HUMAN
23 SERVICES, PROVIDING FOR MEDICAL ASSISTANCE DENTAL SERVICES
24 AND PACKAGES; PROVIDING FOR ATTORNEY GENERAL, FOR
25 PENNSYLVANIA LONG-TERM CARE COUNCIL, FOR PENNSYLVANIA CHILD
26 AND DEPENDENT CARE ENHANCEMENT TAX CREDIT PROGRAM AND FOR
27 ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONES; IN SPECIAL
28 FUNDS, FURTHER PROVIDING FOR FUNDING; IN ADDITIONAL SPECIAL
29 FUNDS AND RESTRICTED ACCOUNTS, FURTHER PROVIDING FOR
30 ESTABLISHMENT OF SPECIAL FUND AND ACCOUNT, FOR USE OF FUND
31 AND FOR DISTRIBUTIONS FROM PENNSYLVANIA RACE HORSE
32 DEVELOPMENT FUND AND REPEALING PROVISIONS RELATING TO
33 ENHANCED REVENUE COLLECTION ACCOUNT; IN ADDITIONAL SPECIAL
34 FUNDS AND RESTRICTED ACCOUNTS, FURTHER PROVIDING FOR
35 DEFINITIONS, FOR SPORTS TOURISM AND MARKETING ACCOUNT AND FOR
36 TRANSFER OF FUNDS AND PROVIDING FOR SERVICE AND
37 INFRASTRUCTURE IMPROVEMENT FUND; IN GENERAL BUDGET
38 IMPLEMENTATION, FURTHER PROVIDING FOR EXECUTIVE OFFICES, FOR
39 DEPARTMENT OF AGRICULTURE, FOR DEPARTMENT OF COMMUNITY AND
40 ECONOMIC DEVELOPMENT, FOR DEPARTMENT OF CONSERVATION AND
41 NATURAL RESOURCES, FOR DEPARTMENT OF HEALTH, FOR DEPARTMENT
42 OF HUMAN SERVICES AND FOR PENNSYLVANIA STATE POLICE,
43 PROVIDING FOR COMMONWEALTH FINANCING AUTHORITY, FURTHER
44 PROVIDING FOR FEDERAL AND COMMONWEALTH USE OF FOREST LAND AND
45 FOR MULTIMODAL TRANSPORTATION FUND AND REPEALING PROVISIONS
46 RELATING TO SALES BY DISTILLERIES; PROVIDING FOR 2023-2024
47 BUDGET IMPLEMENTATION, FOR 2023-2024 RESTRICTIONS ON
48 APPROPRIATIONS FOR FUNDS AND ACCOUNTS, FOR 2023-2024 FUND
49 TRANSFERS AND FOR PRIOR YEAR APPROPRIATIONS; MAKING REPEALS;
50 AND MAKING AN EDITORIAL CHANGE.
51 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
52 (1) THE INTENT OF THIS ACT IS TO PROVIDE FOR THE
53 IMPLEMENTATION OF THE 2023-2024 COMMONWEALTH BUDGET.
54 (2) THE CONSTITUTION OF PENNSYLVANIA CONFERS NUMEROUS
55 EXPRESS DUTIES UPON THE GENERAL ASSEMBLY, INCLUDING THE
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 1 PASSAGE OF A BALANCED BUDGET FOR THE COMMONWEALTH.
2 (3) SECTION 24 OF ARTICLE III OF THE CONSTITUTION OF
3 PENNSYLVANIA REQUIRES THE GENERAL ASSEMBLY TO ADOPT ALL
4 APPROPRIATIONS FOR THE OPERATION OF GOVERNMENT IN THIS
5 COMMONWEALTH, REGARDLESS OF THEIR SOURCE. THE SUPREME COURT
6 HAS REPEATEDLY AFFIRMED THAT "IT IS FUNDAMENTAL WITHIN
7 PENNSYLVANIA'S TRIPARTITE SYSTEM THAT THE GENERAL ASSEMBLY
8 ENACTS THE LEGISLATION ESTABLISHING THOSE PROGRAMS WHICH THE
9 STATE PROVIDES FOR ITS CITIZENS AND APPROPRIATES THE FUNDS
10 NECESSARY FOR THEIR OPERATION."
11 (4) PURSUANT TO SECTION 13 OF ARTICLE VIII OF THE
12 CONSTITUTION OF PENNSYLVANIA, THE GENERAL ASSEMBLY IS
13 EXPLICITLY REQUIRED TO ADOPT A BALANCED COMMONWEALTH BUDGET.
14 GIVEN THE UNPREDICTABILITY AND POTENTIAL INSUFFICIENCY OF
15 REVENUE COLLECTIONS, VARIOUS CHANGES IN STATE LAW RELATING TO
16 SOURCES OF REVENUE, THE COLLECTION OF REVENUE AND THE
17 IMPLEMENTATION OF STATUTES WHICH IMPACT REVENUE MAY BE
18 REQUIRED TO DISCHARGE THIS CONSTITUTIONAL OBLIGATION.
19 (5) SECTION 11 OF ARTICLE III OF THE CONSTITUTION OF
20 PENNSYLVANIA REQUIRES THE ADOPTION OF A GENERAL APPROPRIATION
21 ACT THAT EMBRACES "NOTHING BUT APPROPRIATIONS." WHILE ACTUAL
22 ITEMS OF APPROPRIATION CAN BE CONTAINED IN A GENERAL
23 APPROPRIATION ACT, THE ACHIEVEMENT AND IMPLEMENTATION OF A
24 COMPREHENSIVE BUDGET INVOLVES MORE THAN SUBJECTS OF
25 APPROPRIATIONS AND DOLLAR AMOUNTS. ULTIMATELY, THE BUDGET HAS
26 TO BE BALANCED UNDER SECTION 13 OF ARTICLE VIII OF THE
27 CONSTITUTION OF PENNSYLVANIA. THIS MAY NECESSITATE CHANGES TO
28 SOURCES OF FUNDING AND ENACTMENT OF STATUTES TO ACHIEVE FULL
29 COMPLIANCE WITH THESE CONSTITUTIONAL PROVISIONS.
30 (6) FOR THE REASONS UNDER PARAGRAPHS (1), (2), (3), (4)
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 1 AND (5), IT IS THE INTENT OF THE GENERAL ASSEMBLY THROUGH
2 THIS ACT TO PROVIDE FOR THE IMPLEMENTATION OF THE 2023-2024
3 COMMONWEALTH BUDGET.
4 (7) EVERY PROVISION OF THIS ACT RELATES TO THE
5 IMPLEMENTATION OF THE OPERATING BUDGET OF THE COMMONWEALTH
6 FOR THIS FISCAL YEAR, ADDRESSING IN VARIOUS WAYS THE FISCAL
7 OPERATIONS, REVENUES AND POTENTIAL LIABILITIES OF THE
8 COMMONWEALTH. TO THAT END, THIS ACT IS INTENDED TO IMPLEMENT
9 THE 2023-2024 COMMONWEALTH BUDGET WITHOUT SPECIFICALLY
10 APPROPRIATING PUBLIC MONEY FROM THE GENERAL FUND. THIS ACT
11 PROVIDES ACCOUNTABILITY FOR SPENDING AND MAKES TRANSFERS OR
12 OTHER CHANGES NECESSARY TO IMPACT THE AVAILABILITY OF REVENUE
13 IN ORDER TO MEET THE REQUIREMENTS OF SECTION 13 OF ARTICLE
14 VIII OF THE CONSTITUTION OF PENNSYLVANIA AND TO IMPLEMENT THE
15 ACT OF AUGUST 3, 2023 (P.L. , NO.1A), KNOWN AS THE GENERAL
16 APPROPRIATION ACT OF 2023.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 135-C of the act of April 9, 1929
20 (P.L.343, No.176), known as The Fiscal Code, added July 11, 2022
21 (P.L.540, No.54), is amended to read:
22 Section 135-C. Whole-Home Repairs Program.
23 (a) Program [established] continued.--The department shall
24 [establish] continue the Whole-Home Repairs Program. In
25 administering the Whole-Home Repairs Program, the department
26 shall coordinate with existing Federal and State resources
27 relating to home repairs. [From money appropriated for COVID
28 Relief - ARPA - Whole Home Repairs Program, the] The department
29 shall award funds to no more than one applicant per county. The
30 dep