Bill > HB1300

Introduced Session

Amending the act of April 9, 1929 (P.L.343, No.176), entitled <-- "An act relating to the finances of the State government; providing for cancer control, prevention and research, for ambulatory surgical center data collection, for the Joint Underwriting Association, for entertainment business financial management firms, for private dam financial assurance and for reinstatement of item vetoes; 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," in emergency COVID-19 response, further providing for Whole-Home Repairs Program and providing for declined and unclaimed allocations and for adult mental health program funding; providing for tenant protections, for 911 emergency communication services, for medical debt relief and for institutions of purely public charity; in cigarette sales and licensing, further providing for definitions and providing for presumed cost of doing business by retailer, for presumed cost of doing business by stamping agent and for presumed cost of doing business by wholesaler; providing for indigent defense; in oil and gas wells, further providing for Oil and Gas Lease Fund; in transportation network companies, motor carrier companies and parking authority of a city of the first class, providing for designated municipal agent and authorized salvor for city of the first class and for operation as taxicab; in assessments, providing for Statewide quality care assessment; providing for transportation pilot programs; in human services, providing for payment increase for dental services and for abrogation of department procurement; providing for Attorney General, for mixed-use revitalization and for Pennsylvania Long-Term Care Council; in special funds, further providing for funding and providing for extension of payments; in additional special funds and restricted accounts, further providing for establishment of special fund and account, for use of fund and for distributions from Pennsylvania Race Horse Development Fund and repealing provisions relating to Enhanced Revenue Collection Account; in additional special funds and restricted accounts, further providing for definitions, for Sports Tourism and Marketing Account and for transfer of funds and providing for Facility Transition Account, for Service and Infrastructure Improvement Fund and for School Environmental Repairs Program Restricted Account; in general budget implementation, further providing for executive offices, for Department of Agriculture, for Department of Community and Economic Development, for Department of Conservation and Natural Resources, for Department of Education, for Department of Health, for Department of Human Services, for Pennsylvania State Police, for Pennsylvania Emergency Management Agency and for surcharges, repealing provisions relating to deposit into School Safety and Security Fund, further providing for Federal and Commonwealth use of forest land and for Multimodal Transportation Fund, repealing provisions relating to sales by distilleries and providing for Pennsylvania Liquor Control Board wholesale licensee discount program; in 2022-2023 budget implementation, further providing for Department of Education and for Department of Human Services; providing for 2023-2024 budget implementation, for 2023-2024 restrictions on appropriations for funds and accounts, for 2023-2024 fund transfers, for prior year appropriations and for Commonwealth Housing Council; imposing penalties; making repeals; and making an editorial change. The General Assembly finds and declares as follows: (1) The intent of this act is to provide for the implementation of the 2023-2024 Commonwealth budget. (2) The Constitution of Pennsylvania confers numerous express duties upon the General Assembly, including the passage of a balanced budget for the Commonwealth. (3) Section 24 of Article III of the Constitution of Pennsylvania requires the General Assembly to adopt all appropriations for the operation of government in this Commonwealth, regardless of their source. The Supreme Court has repeatedly affirmed that "it is fundamental within Pennsylvania's tripartite system that the General Assembly enacts the legislation establishing those programs which the State provides for its citizens and appropriates the funds necessary for their operation." (4) Pursuant to section 13 of Article VIII of the Constitution of Pennsylvania, the General Assembly is explicitly required to adopt a balanced Commonwealth budget. Given the unpredictability and potential insufficiency of revenue collections, various changes in State law relating to sources of revenue, the collection of revenue and the implementation of statutes which impact revenue may be required to discharge this constitutional obligation. (5) Section 11 of Article III of the Constitution of Pennsylvania requires the adoption of a general appropriation act that embraces "nothing but appropriations." While actual items of appropriation can be contained in a general appropriation act, the achievement and implementation of a comprehensive budget involves more than subjects of appropriations and dollar amounts. Ultimately, the budget has to be balanced under section 13 of Article VIII of the Constitution of Pennsylvania. This may necessitate changes to sources of funding and enactment of statutes to achieve full compliance with these constitutional provisions. (6) For the reasons under paragraphs (1), (2), (3), (4) and (5), it is the intent of the General Assembly through this act to provide for the implementation of the 2023-2024 commonwealth budget. (7) Every provision of this act relates to the implementation of the operating budget of the Commonwealth for this fiscal year, addressing in various ways the fiscal operations, revenues and potential liabilities of the Commonwealth. To that end, this act is intended to implement the 2023-2024 Commonwealth budget without specifically appropriating public money from the General Fund. This act provides accountability for spending and makes transfers or other changes necessary to impact the availability of revenue in order to meet the requirements of section 13 of Article VIII of the Constitution of Pennsylvania and to implement the act of August 3, 2023 (P.L. , No.1A), known as the General Appropriation Act of 2023. AMENDING THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), ENTITLED <-- "AN ACT RELATING TO THE FINANCES OF THE STATE GOVERNMENT; PROVIDING FOR CANCER CONTROL, PREVENTION AND RESEARCH, FOR AMBULATORY SURGICAL CENTER DATA COLLECTION, FOR THE JOINT UNDERWRITING ASSOCIATION, FOR ENTERTAINMENT BUSINESS FINANCIAL MANAGEMENT FIRMS, FOR PRIVATE DAM FINANCIAL ASSURANCE AND FOR REINSTATEMENT OF ITEM VETOES; 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," IN EMERGENCY COVID-19 RESPONSE, PROVIDING FOR DECLINED AND UNCLAIMED ALLOCATIONS; PROVIDING FOR 911 EMERGENCY COMMUNICATION SERVICES AND FOR INSTITUTIONS OF PURELY PUBLIC CHARITY; IN DEPARTMENT OF REVENUE, PROVIDING FOR EXCLUSION FROM CLASSES OF INCOME; PROVIDING FOR INDIGENT DEFENSE; IN OIL AND GAS WELLS, FURTHER PROVIDING FOR OIL AND GAS LEASE FUND; IN TRANSPORTATION NETWORK COMPANIES, MOTOR CARRIER COMPANIES AND PARKING AUTHORITY OF A CITY OF THE FIRST CLASS, PROVIDING FOR DESIGNATED MUNICIPAL AGENT AND AUTHORIZED SALVOR FOR CITY OF THE FIRST CLASS; IN HUMAN SERVICES, PROVIDING FOR MEDICAL ASSISTANCE DENTAL SERVICES AND PACKAGES; PROVIDING FOR ATTORNEY GENERAL, FOR PENNSYLVANIA LONG-TERM CARE COUNCIL, FOR PENNSYLVANIA CHILD AND DEPENDENT CARE ENHANCEMENT TAX CREDIT PROGRAM AND FOR ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONES; IN SPECIAL FUNDS, FURTHER PROVIDING FOR FUNDING; IN ADDITIONAL SPECIAL FUNDS AND RESTRICTED ACCOUNTS, FURTHER PROVIDING FOR ESTABLISHMENT OF SPECIAL FUND AND ACCOUNT, FOR USE OF FUND AND FOR DISTRIBUTIONS FROM PENNSYLVANIA RACE HORSE DEVELOPMENT FUND AND REPEALING PROVISIONS RELATING TO ENHANCED REVENUE COLLECTION ACCOUNT; IN ADDITIONAL SPECIAL FUNDS AND RESTRICTED ACCOUNTS, FURTHER PROVIDING FOR DEFINITIONS, FOR SPORTS TOURISM AND MARKETING ACCOUNT AND FOR TRANSFER OF FUNDS AND PROVIDING FOR SERVICE AND INFRASTRUCTURE IMPROVEMENT FUND; IN GENERAL BUDGET IMPLEMENTATION, FURTHER PROVIDING FOR EXECUTIVE OFFICES, FOR DEPARTMENT OF AGRICULTURE, FOR DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, FOR DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, FOR DEPARTMENT OF HEALTH, FOR DEPARTMENT OF HUMAN SERVICES AND FOR PENNSYLVANIA STATE POLICE, PROVIDING FOR COMMONWEALTH FINANCING AUTHORITY, FURTHER PROVIDING FOR FEDERAL AND COMMONWEALTH USE OF FOREST LAND AND FOR MULTIMODAL TRANSPORTATION FUND AND REPEALING PROVISIONS RELATING TO SALES BY DISTILLERIES; PROVIDING FOR 2023-2024 BUDGET IMPLEMENTATION, FOR 2023-2024 RESTRICTIONS ON APPROPRIATIONS FOR FUNDS AND ACCOUNTS, FOR 2023-2024 FUND TRANSFERS AND FOR PRIOR YEAR APPROPRIATIONS; MAKING REPEALS; AND MAKING AN EDITORIAL CHANGE. THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS: (1) THE INTENT OF THIS ACT IS TO PROVIDE FOR THE IMPLEMENTATION OF THE 2023-2024 COMMONWEALTH BUDGET. (2) THE CONSTITUTION OF PENNSYLVANIA CONFERS NUMEROUS EXPRESS DUTIES UPON THE GENERAL ASSEMBLY, INCLUDING THE PASSAGE OF A BALANCED BUDGET FOR THE COMMONWEALTH. (3) SECTION 24 OF ARTICLE III OF THE CONSTITUTION OF PENNSYLVANIA REQUIRES THE GENERAL ASSEMBLY TO ADOPT ALL APPROPRIATIONS FOR THE OPERATION OF GOVERNMENT IN THIS COMMONWEALTH, REGARDLESS OF THEIR SOURCE. THE SUPREME COURT HAS REPEATEDLY AFFIRMED THAT "IT IS FUNDAMENTAL WITHIN PENNSYLVANIA'S TRIPARTITE SYSTEM THAT THE GENERAL ASSEMBLY ENACTS THE LEGISLATION ESTABLISHING THOSE PROGRAMS WHICH THE STATE PROVIDES FOR ITS CITIZENS AND APPROPRIATES THE FUNDS NECESSARY FOR THEIR OPERATION." (4) PURSUANT TO SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION OF PENNSYLVANIA, THE GENERAL ASSEMBLY IS EXPLICITLY REQUIRED TO ADOPT A BALANCED COMMONWEALTH BUDGET. GIVEN THE UNPREDICTABILITY AND POTENTIAL INSUFFICIENCY OF REVENUE COLLECTIONS, VARIOUS CHANGES IN STATE LAW RELATING TO SOURCES OF REVENUE, THE COLLECTION OF REVENUE AND THE IMPLEMENTATION OF STATUTES WHICH IMPACT REVENUE MAY BE REQUIRED TO DISCHARGE THIS CONSTITUTIONAL OBLIGATION. (5) SECTION 11 OF ARTICLE III OF THE CONSTITUTION OF PENNSYLVANIA REQUIRES THE ADOPTION OF A GENERAL APPROPRIATION ACT THAT EMBRACES "NOTHING BUT APPROPRIATIONS." WHILE ACTUAL ITEMS OF APPROPRIATION CAN BE CONTAINED IN A GENERAL APPROPRIATION ACT, THE ACHIEVEMENT AND IMPLEMENTATION OF A COMPREHENSIVE BUDGET INVOLVES MORE THAN SUBJECTS OF APPROPRIATIONS AND DOLLAR AMOUNTS. ULTIMATELY, THE BUDGET HAS TO BE BALANCED UNDER SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION OF PENNSYLVANIA. THIS MAY NECESSITATE CHANGES TO SOURCES OF FUNDING AND ENACTMENT OF STATUTES TO ACHIEVE FULL COMPLIANCE WITH THESE CONSTITUTIONAL PROVISIONS. (6) FOR THE REASONS UNDER PARAGRAPHS (1), (2), (3), (4) AND (5), IT IS THE INTENT OF THE GENERAL ASSEMBLY THROUGH THIS ACT TO PROVIDE FOR THE IMPLEMENTATION OF THE 2023-2024 COMMONWEALTH BUDGET. (7) EVERY PROVISION OF THIS ACT RELATES TO THE IMPLEMENTATION OF THE OPERATING BUDGET OF THE COMMONWEALTH FOR THIS FISCAL YEAR, ADDRESSING IN VARIOUS WAYS THE FISCAL OPERATIONS, REVENUES AND POTENTIAL LIABILITIES OF THE COMMONWEALTH. TO THAT END, THIS ACT IS INTENDED TO IMPLEMENT THE 2023-2024 COMMONWEALTH BUDGET WITHOUT SPECIFICALLY APPROPRIATING PUBLIC MONEY FROM THE GENERAL FUND. THIS ACT PROVIDES ACCOUNTABILITY FOR SPENDING AND MAKES TRANSFERS OR OTHER CHANGES NECESSARY TO IMPACT THE AVAILABILITY OF REVENUE IN ORDER TO MEET THE REQUIREMENTS OF SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION OF PENNSYLVANIA AND TO IMPLEMENT THE ACT OF AUGUST 3, 2023 (P.L. , NO.1A), KNOWN AS THE GENERAL APPROPRIATION ACT OF 2023.

AI Summary

Committee Categories

Tom Mehaffie (R)*,  Joe Ciresi (D),  Tina Davis (D),  Dave Delloso (D),  Roni Green (D),  Nancy Guenst (D),  Carol Hill-Evans (D),  Malcolm Kenyatta (D),  Tarik Khan (D),  Patty Kim (D),  Maureen Madden (D),  Ben Sanchez (D),  Mike Schlossberg (D),  Joseph Webster (D), 

Act No. 34 of 2023 (on 12/13/2023)

Official Document