Amendment 1922 to House Bill 1300 P.N. 1446, Regular Session 2023-2024

H1300B1446A01922 AJB:CMH 08/30/23 #90 A01922

AMENDMENTS TO HOUSE BILL NO. 1300

Sponsor: SENATOR MARTIN

Printer's No. 1446

Amend Bill, page 1, lines 1 through 5, by striking out all of

said lines and inserting

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 disposition of abandoned and unclaimed

property, further providing for claim for property paid or

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delivered; in oil and gas wells, further providing for Oil

and Gas Lease Fund; in human services, providing for child

support costs and fees; providing for Statewide Quality Care

Assessment and for Pennsylvania Long-Term Care Council; in

additional special funds and restricted accounts, further

providing for establishment of special fund and account, for

use of fund and for distributions for Pennsylvania Race Horse

Development Fund, repealing provisions relating to Enhanced

Revenue Collection Account; in additional special funds and

restricted accounts, further providing for Clean Streams Fund

and for definitions, renaming the Sports Tourism and

Marketing Account to the Sports, Marketing and Tourism

Account, further providing for transfer of funds and

providing for Facility Transition Account and for Game Fund;

in general budget implementation, further providing for

Department of Agriculture, for Department of Conservation and

Natural Resources, for Department of Education, for

Pennsylvania State Police, for surcharges, 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 and for prior year appropriations;

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

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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.

Amend Bill, page 1, lines 8 through 18; page 2, lines 1

through 5; by striking out all of said lines on said pages and

inserting

Section 1. Section 1301.19 of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code, is amended to read:

Section 1301.19. Claim for Property Paid or Delivered.--(a)

Any person claiming an interest in any property paid or

delivered to the Commonwealth under this article may file a

claim thereto or to the proceeds from the sale thereof on the

form prescribed by the State Treasurer.

(b) Regardless of whether a claim is filed under subsection

(a), the State Treasurer may pay or deliver any property paid or

delivered to the Commonwealth under this article, or the

proceeds from the sale of the property, to a person if the State

Treasurer finds that a report filed under section 1301.11

identifies the person as the sole owner of the property and the

value of the property or proceeds is less than five thousand

dollars ($5,000).

Section 2. Section 1601.2-E(e)(1)(ii) of the act, amended

July 11, 2022 (P.L.540, No.54), is amended to read:

Section 1601.2-E. Oil and Gas Lease Fund.

* * *

(e) Annual transfers.--The following apply:

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(1) * * *

(ii) No amount shall be transferred from the fund to

the Marcellus Legacy Fund for distribution to the

Environmental Stewardship Fund for the 2019-2020, 2020-

2021, 2021-2022 [and], 2022-2023 and 2023-2024 fiscal

year.

* * *

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

Section 1607-T. Child support costs and fees.

(a) Costs and fees .-- If an obligee prevails in a proceeding

to establish paternity or to obtain a support order, a court may

assess against the obligor filing fees, reasonable attorney fees

and necessary travel and other reasonable costs and expenses

incurred by the obligee and the obligee's witnesses. Attorney

fees may be taxed as costs and shall be ordered to be paid

directly to the attorney, who may enforce the order in the

attorney's own name. Payment of support owed to the obligee

shall have priority over fees, costs and expenses.

(b) Annual fee.--The Commonwealth shall impose a fee of $35

in each case in which an individual has never received

assistance under 42 U.S.C. Ch. 7 Subch. I (relating to grants to

states for old-age assistance) and for whom the Commonwealth has

collected at least $550 of support in a Federal fiscal year. The

Commonwealth shall pay the $35 fee for those cases in which the

annual collection is between $550 and $1,999.99. The $35 fee

shall be collected from the custodial parent in cases where

annual collections equal $2,000 or more.

individual subject to a child support order did not have good

cause for failing to make child support payments on time, the

court may further assess costs and reasonable attorney fees

incurred by the party seeking to enforce the order.

Section 4. The act is amended by adding articles to read:

ARTICLE XVI-U

STATEWIDE QUALITY CARE ASSESSMENT

Section 1601-U. 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:

"Assessment." The fee, known as the Quality Care Assessment,

authorized to be implemented under this article on every covered

hospital.

"Bad debt expense." The cost of care for which a hospital

expected payment from the patient or a third-party payer, but

which the hospital subsequently determines to be uncollectible,

as further described in the Medicare Provider Reimbursement

Manual published by the United States Department of Health and

Human Services.

"Charity care expense." The cost of care for which a

hospital ordinarily charges a fee but which is provided free or

at a reduced rate to patients who cannot afford to pay but who

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are not eligible for public programs, and from whom the hospital

did not expect payment in accordance with the hospital's charity

care policy, as further described in the Medicare Provider

Reimbursement Manual published by the United States Department

of Health and Human Services.

"Contractual allowance." The difference between what a

hospital charges for services and the amounts that certain

payers have agreed to pay for the services as further described

in the Medicare Provider Reimbursement Manual published by the

United States Department of Health and Human Services.

"Covered hospital." A hospital other than an exempt

hospital.

"Critical access hospital." Any hospital that has qualified

under 42 U.S.C. § 1395x(mm)(1) (relating to definitions) as a

critical access hospital under Medicare.

"Department." The Department of Human Services of the

Commonwealth.

"Exempt hospital." Any of the following:

(1) A Federal veterans' affairs hospital.

(2) A hospital that provides care, including inpatient

hospital services, to all patients free of charge.

(3) A private psychiatric hospital.

(4) A State-owned psychiatric hospital.

(5) A critical access hospital.

(6) A long-term acute care hospital.

(7) A free-standing acute care hospital organized

primarily for the treatment of and research on cancer in

which at least 30% of the inpatient admissions had cancer as

the principal diagnosis based on Pennsylvania Health Care

Cost Containment Council CY 2014 inpatient discharge data.

For the purposes of meeting this definition, only discharges

with ICD-9-CM principal diagnoses codes of 140 through 239,

V58.0, V58.1, V66.1, V66.2 or 990 are considered.

"Hospital." A facility licensed as a hospital under 28 Pa.

Code Pt. IV Subpt. B (relating to general and special

hospitals).

"Long-term acute care hospital." A hospital or unit of a

hospital whose patients have a length of stay of greater than 25

days and that provides specialized acute care of medically

complex patients who are critically ill.

"Medical assistance managed care organization." A Medicaid

managed care organization as defined in 42 U.S.C. §

1396b(m)(1)(A) (relating to payments to states) that is a party

to a Medicaid managed care contract with the department. The

term shall not include a behavioral health managed care

organization that is a party to a Medicaid managed care contract

with the department.

"Net inpatient revenue." Gross revenues received or earned

by a hospital for inpatient services, including medical

assistance supplemental revenues received by the hospital for

inpatient hospital services, less any deducted amounts for bad

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debt expense, charity care expense and contractual allowances as

identified in the hospital's records and reported on forms

specified by the department.

"Net outpatient revenue." Gross revenues received or earned

by a hospital for outpatient services, including medical

assistance supplemental revenues received by the hospital for

outpatient hospital services, less any deducted amounts for bad

debt expense, charity care expense and contractual allowances as

identified in the hospital's records and reported on forms

specified by the department.

"Program." The Commonwealth's medical assistance program as

authorized under Article IV of the act of June 13, 1967 (P.L.31,

No.21), known as the Human Services Code.

"Secretary." The Secretary of Human Services of the

Commonwealth.

Section 1602-U. Medical Assistance payments for institutional

care.

Notwithstanding section 443.1(1.1)(i) of the act of June 13,

1967 (P.L.31, No.21), known as the Human Services Code, and

subject to section 1614-U, for inpatient hospital services

provided during a fiscal year in which an assessment is imposed

under this article, payments under the medical assistance fee-

for-service program shall be determined in accordance with the

department's regulations, except if the Commonwealth's approved

Title XIX State Plan for inpatient hospital services in effect

for the period of July 1, 2010, through June 30, 2028, specifies

a methodology for calculating payments that is different from

the department's regulations or authorizes additional payments

not specified in the department's regulations, including

inpatient disproportionate share payments and direct medical

education payments, the department shall follow the methodology

or make the additional payments as specified in the approved

Title XIX State Plan.

Section 1603-U. Authorization.

In order to generate additional revenues for the purpose of

assuring that medical assistance recipients have access to

hospital services, the department shall implement a monetary

assessment, known as the Quality Care Assessment, on each

covered hospital subject to the conditions and requirements

specified in this article, including section 1614-U.

Section 1604-U. Implementation.

(a) Health care-related fee.--The assessment authorized

under this article, once imposed, shall be implemented as a

health care-related fee under 42 U.S.C. § 1396b(w)(3)(B)

(relating to payment to states) or any amendments thereto and

may be collected only to the extent and for the periods that the

secretary determines that revenues generated by the assessment

will qualify as the State share of program expenditures eligible

for Federal financial participation.

(b) Assessment percentage.--Subject to subsection (c), each

covered hospital shall be assessed as follows:

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(1) For fiscal year 2010-2011, each covered hospital

shall be assessed an amount equal to 2.69% of the net

inpatient revenue of the covered hospital,

(2) For fiscal years 2011-2012, 2012-2013, 2013-2014 and

2014-2015, an amount equal to 3.22% of the net inpatient

revenue of the covered hospital.

(3) For fiscal years 2015-2016, 2016-2017 and 2017-2018,

an amount equal to 3.71% of the net inpatient revenue of the

covered hospital.

(4) For fiscal year 2018-2019, an amount equal to 2.98%

of the net inpatient revenue of the covered hospital and

1.55% of the net outpatient revenue of the covered hospital.

(5) For fiscal years 2019-2020, 2020-2021, 2021-2022 and

2022-2023, an amount equal to 3.32% of the net inpatient

revenue of the covered hospital and 1.73% of the net

outpatient revenue of the covered hospital.

(6) For fiscal year 2023-2024, an amount equal to 3.54%

of the net inpatient revenue of the covered hospital and

1.78% of the net outpatient revenue of the covered hospital;

(7) For fiscal years 2024-2025, 2025-2026, 2026-2027 and

2027-2028, an amount equal to 4.36% of the net inpatient

revenue of the covered hospital and 2.20% of the net

outpatient revenue of the covered hospital.

adjust the assessment percentage specified in subsection (b) for

all or part of the fiscal year for inpatient services,

outpatient services or both, provided that, before implementing

an adjustment, the secretary submits a notice to the Legislative

Reference Bureau for publication in the next available issue of

the Pennsylvania Bulletin that specifies the proposed assessment

percentage and identifies the aggregate impact on covered

hospitals subject to the assessment. Interested parties shall

have 30 days in which to submit comments to the secretary. Upon

expiration of the 30-day comment period, the secretary, after

consideration of the comments, shall submit a second notice to

the Legislative Reference Bureau for publication in the next

available issue of the Pennsylvania Bulletin announcing the

assessment percentage.

(d) Rebasing net inpatient revenue and net outpatient

revenue amounts on amounts owed for fiscal years prior to 2023-

2024.--For purposes of calculating the annual assessment amount

owed for fiscal years 2018-2019, 2019-2020, 2020-2021, 2021-2022

and 2022-2023, the secretary may require the use of net

inpatient revenue and net outpatient revenue amounts as

identified in the records of covered hospitals for a State

fiscal year commencing on or after July 1, 2015. If the

secretary decides that the net inpatient revenue and net

outpatient revenue amounts should be based on a State fiscal

year commencing on or after July 1, 2015, the secretary shall

submit a notice to the Legislative Reference Bureau for

publication in the next available issue of the Pennsylvania

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Bulletin specifying the State fiscal year for which the net

inpatient revenue and net outpatient revenue amounts will be

used at least 30 days prior to the date on which an assessment

amount calculated with the rebased amounts is due to be paid to

the department.

(e) Rebasing net inpatient revenue and net outpatient

revenue amounts on amounts owed for fiscal year 2023-2024 and

thereafter.--For purposes of calculating the annual assessment

amount owed on or after July 1, 2023, the secretary may require

the use of net inpatient revenue and net outpatient revenue

amounts as identified in the records of covered hospitals for a

State fiscal year commencing on or after July 1, 2018. If the

secretary decides that the net inpatient revenue and net

outpatient revenue amounts should be based on a State fiscal

year commencing on or after July 1, 2018, the secretary shall

submit a notice to the Legislative Reference Bureau for

publication in the next available issue of the Pennsylvania

Bulletin specifying the State fiscal year for which the net

inpatient revenue and net outpatient revenue amounts will be

used at least 30 days prior to the date on which an assessment

amount calculated with the rebased amounts is due to be paid to

the department.

(f) Maximum amount.--In each year in which the assessment is

implemented, the assessment shall be subject to the maximum

aggregate amount that may be assessed under 42 CFR 433.68(f)(3)

(i) (relating to permissible health care-related taxes) or any

other maximum established under Federal law.

(g) Limited review.--Except as permitted under section 1611-

U, the secretary's determination of the assessment percentage

under subsection (b) shall not be subject to administrative or

judicial review under 2 Pa.C.S. Chs. 5 Subch. A (relating to

practice and procedure of Commonwealth agencies) and 7 Subch. A

(relating to judicial review of Commonwealth agency action) or

any other provision of law. Assessments implemented under this

article or forms or reports required to be completed by covered

hospitals in accordance with this article shall not be subject

to the act of July 31, 1968 (P.L.769, No.240), referred to as

the Commonwealth Documents Law, the act of October 15, 1980

(P.L.950, No.164), known as the Commonwealth Attorneys Act, and

the act of June 25, 1982 (P.L.633, No.181), known as the

Regulatory Review Act.

Section 1605-U. Administration.

(a) Calculation and notice of assessment amount.--Using the

assessment percentage established under section 1604-U and

covered hospitals' net inpatient revenue and net outpatient

revenue, the department shall calculate and notify each covered

hospital of the assessment amount owed for the fiscal year.

Notification under this subsection may be made in writing or

electronically, at the discretion of the department.

(b) Calculation of assessment with changes of ownership.--

(1) If a single covered hospital changes ownership or

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control, the department shall calculate the assessment as

follows:

(i) If the change of ownership occurs before July 1,

2018, the department shall calculate the assessment using

the hospital's net inpatient revenue and net outpatient

revenue amounts for State fiscal year 2018-2019, or a

later fiscal year that has been specified by the

secretary in accordance with section 1604-U(e).

(ii) If the change of ownership occurs on or after

July 1, 2018, the department shall calculate the

assessment using the hospital's net inpatient revenue and

net outpatient revenue amounts for State fiscal year

2018-2019, or a later fiscal year that has been specified

by the secretary in accordance with section 1604-U(e); or

(iii) If the net inpatient revenue and net

outpatient revenue amounts for the State fiscal year

2018-2019, or a later fiscal year that has been specified

by the secretary in accordance with section 1604-U(e),

are unavailable due to a covered hospital's establishment

as a new hospital under subsection (d), the department

shall calculate the assessment using the hospital's net

inpatient revenue and net outpatient revenue amounts

under subsection (d).

(2) The covered hospital shall be liable for any

outstanding assessment amounts, including outstanding amounts

related to periods prior to the change of ownership or

control.

(3) If two or more hospitals merge or consolidate into a

single covered hospital as a result of a change in ownership

or control, the department shall calculate the assessment

amount owed by the single covered hospital resulting from the

merger or consolidation as follows:

(i) If the merger or consolidation occurs before

July 1, 2018, the department shall calculate the

assessment using the merged or consolidated hospitals'

combined net inpatient revenue and net outpatient revenue

amounts for State fiscal year 2018-2019, or a later

fiscal year that has been specified by the secretary in

accordance with section 1604-U(e);

(ii) If the merger or consolidation occurs on or

after July 1, 2018, the department shall calculate the

assessment using the merged or consolidated hospitals'

combined net inpatient revenue and net outpatient revenue

amounts for State fiscal year 2018-2019, or a later

fiscal year that has been specified by the secretary in

accordance with section 1604-U(e); or

(iii) If one or more hospitals' net inpatient

revenue and net outpatient revenue amounts for the State

fiscal year 2018-2019, or a later fiscal year that has

been specified by the secretary in accordance with

section 1604-U(e), is unavailable due to the hospital's

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establishment as a new hospital under subsection (d), the

following shall apply:

(A) The department shall calculate a new

hospital's net inpatient revenue and net outpatient

revenue amounts under subsection (d).

(B) For a hospital that is not a new hospital,

the department shall calculate the hospital's net

inpatient revenue and net outpatient revenue amounts

for State fiscal year 2018-2019, or a later fiscal

year that has been specified by the secretary in

accordance with section 1604-U(e).

calculated under clause (A) with the amount

calculated under clause (B) to determine the combined

net inpatient revenue and net outpatient revenue

amounts for the merged or consolidated hospitals.

(4) A single covered hospital is liable for any

outstanding assessment amounts, including outstanding amounts

related to periods prior to the change of ownership or

control, of any covered hospital that was merged or

consolidated.

in operation.--Except as provided in subsection (b)(3), a

covered hospital that closes or that becomes an exempt hospital

during a fiscal year is liable for both:

(1) the annual assessment amount for the fiscal year in

which the closure or change occurs prorated by the number of

days in the fiscal year during which the covered hospital was

in operation; and

(2) any outstanding assessment amounts related to

periods prior to the closure or change in operation.

(d) Calculation of assessment for new hospitals.--A hospital

that begins operation as a covered hospital after July 1, 2018,

shall be assessed as follows:

(1) During the State fiscal year in which a covered

hospital begins operation or in which a hospital becomes a

covered hospital, the covered hospital shall not be subject

to the assessment.

(2) For the State fiscal year following the State fiscal

year under paragraph (1), the department shall calculate the

covered hospital's assessment amount using the net inpatient

revenue and net outpatient revenue from the State fiscal year

in which the covered hospital began operation or became a

covered hospital through the end of the State fiscal year.

(3) For the State fiscal year following the first full

State fiscal year under paragraph (2), the department shall

calculate the covered hospital's assessment amount using the

net inpatient revenue and net outpatient revenue from the

prior State fiscal year. For subsequent State fiscal years,

the department shall use the net inpatient revenue and net

outpatient revenue calculated under this paragraph or a later

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fiscal year that has been specified by the secretary in

accordance with section 1604-U(e).

(4) If estimated net inpatient revenue and net

outpatient revenue is used in calculating a covered

hospital's assessment under this subsection, the department

shall reconcile any amounts received based on reported actual

net inpatient revenues and net outpatient revenues.

(e) Payment.--A covered hospital shall pay the assessment

amount due for a fiscal year in four quarterly installments.

Payment of a quarterly installment shall be made electronically

on or before the first day of the second month of the quarter or

30 days from the date of the notice of the quarterly assessment

amount, whichever is later.

(f) Records.--Upon request by the department, a covered

hospital shall furnish to the department any records as the

department may specify in order for the department to validate

the net inpatient revenue and net outpatient revenue amounts

reported by the covered hospital or to determine the assessment

for a fiscal year or the amount of the assessment due from the

covered hospital or to verify that the covered hospital has paid

the correct amount due.

(g) Underpayments and overpayments.--In the event that the

department determines that a covered hospital has failed to pay

an assessment or that the covered hospital has underpaid an

assessment, the department shall notify the covered hospital in

writing of the amount due, including interest, and the date on

which the amount due must be paid, which shall not be less than

30 days from the date of the notice. In the event that the

department determines that a covered hospital has overpaid an

assessment, the department shall notify the covered hospital in

writing of the overpayment and, within 30 days of the date of

the notice of the overpayment, shall offset the amount of the

overpayment against any amount that may be owed to the

department from the covered hospital.

Section 1606-U. Restricted account.

(a) Establishment.--There is established a restricted

account, known as the Quality Care Assessment Account, in the

General Fund for the receipt and deposit of revenues collected

under this article. Funds in the account are appropriated to the

department for the following:

(1) Making medical assistance payments to hospitals for

inpatient services in accordance with section 443.1(1.1) of

the act of June 13, 1967 (P.L.31, No.21), known as The Human

Services Code, and outpatient services, including for

observation services in accordance with section 443.3(a)(1.1)

of the Human Services Code and as otherwise specified in the

Commonwealth's approved Title XIX State Plan.

(2) Making payments to medical assistance managed care

organizations for additional payments for inpatient hospital

services in accordance with section 443.1(1.2), (1.3) and

(1.4) of the Human Services Code and outpatient services.

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(3) Any other purpose approved by the secretary for

inpatient hospital, outpatient hospital and hospital-related

services.

(b) Limitations.--

(1) For the first year of the assessment, the amount

used for the medical assistance payments for hospitals and

Medicaid managed care organizations may not exceed the

aggregate amount of assessment funds collected for the year

less $121,000,000.

(2) For the second year of the assessment, the amount

used for the medical assistance payments for hospitals and

medical assistance managed care organizations may not exceed

the aggregate amount of assessment funds collected for the

year less $109,000,000.

(3) (Reserved).

(4) For the third year of the assessment, the amount

used for the medical assistance payment for hospitals and

medical assistance managed care organizations may not exceed

the aggregate amount of the assessment funds collected for

the year less $109,000,000.

(5) For State fiscal years 2013-2014 and 2014-2015, the

amount used for the medical assistance payment for hospitals

and medical assistance managed care organizations may not

exceed the aggregate amount of the assessment funds collected

for the year less $150,000,000.

(6) For State fiscal years 2015-2016, 2016-2017 and

2017-2018, the amount used for the medical assistance payment

for hospitals and medical assistance managed care

organizations may not exceed the aggregate amount of the

assessment funds collected for the year less $220,000,000.

(7) For State fiscal years 2018-2019, 2019-2020 and

2020-2021, the amount used for the medical assistance payment

for hospitals and medical assistance managed care

organizations may not exceed the aggregate amount of the

assessment funds collected for the year less $295,000,000.

(8) For State fiscal years 2021-2022 and 2022-2023, the

amount used for the medical assistance payment for hospitals

and medical assistance managed care organizations may not

exceed the aggregate amount of the assessment funds collected

for the year less $300,000,000.

(9) For State fiscal year 2023-2024, the amount used for

the medical assistance payment for hospitals and medical

assistance managed care organizations may not exceed the

aggregate amount of the assessment funds collected for the

year less $368,000,000.

(10) For State fiscal years 2024-2025, 2025-2026, 2026-

2027 and 2027-2028, the amount used for the medical

assistance payment for hospitals and medical assistance

managed care organizations may not exceed the aggregate

amount of the assessment funds collected for the year less

$452,000,000.

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(11) The amounts retained by the department under

paragraphs (1), (2), (4), (5), (6), (7), (8), (9) and (10)

and any additional amounts remaining in the restricted

accounts after the payments described in subsection (a)(1)

and (2) are made shall be used for purposes approved by the

secretary under subsection (a)(3), subject to paragraph (13).

(12) Not later than 180 days following the end of the

State fiscal year, the department shall prepare a revenue

reconciliation schedule for the prior State fiscal year that

includes information supporting the amounts received or

deposited into and paid out of the restricted account to

support actual payments to hospitals and managed care

organizations in accordance with subsection (a)(1) and (2).

(13) Any positive balance remaining in the restricted

account in excess of $10,000,000 annually that is not used by

the Commonwealth to obtain Federal matching funds and paid

out for hospital payments shall be factored into the

calculation of a new assessment rate by reducing the amount

of hospital assessment funds that must be generated during

the next fiscal year in which the department is able to

calculate a new rate. If a new assessment rate is not

calculated, the funds remaining in the restricted account

shall be refunded to the covered hospital that paid the

assessment in proportion to the covered hospital's assessment

amount paid in the fiscal year.

shall not lapse to the General Fund at the end of a fiscal year.

If this article expires, the department shall use any remaining

funds for the purposes stated in this section until the funds in

the Quality Care Assessment Account are exhausted.

Section 1607-U. No hold harmless.

No covered hospital shall be directly guaranteed a repayment

of its assessment in derogation of 42 CFR 433.68(f) (relating to

permissible health care-related taxes), except that, in each

fiscal year in which an assessment is implemented, the

department shall use the funds received under this article for

the purposes outlined under section 1606-U to the extent

permissible under Federal and State law or regulation and

without creating an indirect guarantee to hold harmless, as

those terms are used under 42 CFR 433.68(f)(3)(i). The secretary

shall submit to the United States Department of Health and Human

Services any State Medicaid plan amendments that are necessary

to make the payments authorized under section 1606-U.

Section 1608-U. Federal waiver.

To the extent necessary in order to implement this article,

the department shall seek a waiver under 42 CFR 433.68(e)

(relating to permissible health care-related taxes) from the

Centers for Medicare and Medicaid Services of the United States

Department of Health and Human Services. The department shall

not implement the assessment until approval of the waiver is

obtained. Upon approval of the waiver, the assessment shall be

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implemented retroactive to the first day of the fiscal year to

which the waiver applies.

Section 1609-U. Tax exemption.

(a) Prohibition.--Notwithstanding any exemptions granted by

any other Federal, State or local tax or other law, no covered

hospital other than an exempt hospital shall be exempt from the

assessment.

(b) Interpretation.--The assessment imposed under this

article shall be recognized by the Commonwealth as uncompensated

goods and services under the act of November 26, 1997 (P.L.508,

No.55), known as the Institutions of Purely Public Charity Act,

and shall be considered a community benefit for purposes of any

required or voluntary community benefit report filed or prepared

by a covered hospital.

Section 1610-U. Remedies.

In addition to any other remedy provided by law, the

department may enforce this article by imposing one or more of

the following remedies:

(1) When a covered hospital fails to pay an assessment

or penalty in the amount or on the date required by this

article, the department shall add interest at the rate

provided in section 806 to the unpaid amount of the

assessment or penalty from the date specified for the

assessment's payment until the date on which it is paid.

(2) When a covered hospital fails to file a report or to

furnish records to the department as required by this

article, the department shall impose a penalty against the

covered hospital in the amount of $1,000, plus an additional

amount of $200 per day for each additional day that the

failure to file the report or furnish the records continues.

(3) When a covered hospital that is a medical assistance

provider, or that is related through common ownership or

control as those terms are defined in 42 CFR 413.17(b)

(relating to cost to related organizations) to a medical

assistance provider, fails to pay all or part of an

assessment or penalty within 60 days of the date that payment

is due, the department may deduct the unpaid assessment or

penalty and any interest owed thereon from any medical

assistance payments due to the covered hospital or to any

related medical assistance provider until the full amount is

recovered. The deduction shall be made only after written

notice to the covered hospital and medical assistance

provider and may be taken in installments over a period of

time, taking into account the financial condition of the

medical assistance provider.

(4) Within 60 days after the end of each calendar

quarter, the department shall notify the Department of Health

of any covered hospital that has assessment, penalty or

interest amounts that have remained unpaid for 90 days or

more. The Department of Health shall not renew the license of

the covered hospital until the department notifies the

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Department of Health that the covered hospital has paid the

outstanding amount in its entirety or that the department has

agreed to permit the covered hospital to repay the

outstanding amount in installments and that, to date, the

covered hospital has paid the installments in the amount and

by the date required by the department.

(5) The secretary may waive all or part of the interest

or penalties assessed against a covered hospital in

accordance with this article for good cause as shown by the

covered hospital.

Section 1611-U. Request for review.

A covered hospital that is aggrieved by a determination of

the department as to the amount of the assessment due from the

covered hospital or a remedy imposed under section 1610-U may

file a request for review of the decision of the department by

the Bureau of Hearings and Appeals, which shall have exclusive

jurisdiction in such matters. The procedures and requirements of

67 Pa.C.S. Ch. 11 (relating to medical assistance hearings and

appeals) shall apply to requests for review filed in accordance

with this section, except that, in the request for review, a

covered hospital may not challenge an assessment percentage

determined by the secretary under section 1604-U(b) but only

whether the department correctly determined the assessment

amount due from the covered hospital using the assessment

percentage in effect for the fiscal year. A notice of review

filed under this section shall not operate as a stay of the

covered hospital's obligation to pay the assessment amount due

for a fiscal year as specified in section 1605-U(e) .

Section 1612-U. Liens.

Any assessments implemented and interest and penalties

assessed against a covered hospital under this article shall be

a lien on the real and personal property of the covered hospital

in the manner provided by section 1401, may be entered by the

department in the manner provided by section 1404 and shall

continue and retain priority in the manner provided in section

1404.1.

Section 1613-U. Regulations.

The department may promulgate regulations and issue orders as

may be necessary to implement the assessment in accordance with

the requirements of this article.

Section 1614-U. Conditions for payments.

The department shall not be required to make payments as

specified in section 443.1(1.1), (1.2), (1.3) and (1.4) of the

act of June 13, 1967 (P.L.31, No. 21), known as the Human

Services Code, and a covered hospital shall not be required to

pay the assessment as specified in section 1605-U(e) unless all

of the following have occurred:

(1) The department receives Federal approval of a waiver

under 42 CFR 433.68(e) (relating to permissible health care-

related taxes) authorizing the department to implement the

assessment as specified in this article.

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(2) The department receives Federal approval of a State

plan amendment authorizing the changes to its payment methods

and standards specified in section 443.1(1.1)(ii) of the

Human Services Code.

(3) The department receives Federal approval of

amendments to its medical assistance managed care

organization contracts authorizing adjustments to its

capitation payments funded in accordance with section 1606-U.

Section 1615-U. Report.

Not later than 180 days prior to the expiration date

specified in section 1616-U, the department shall prepare and

submit a report to the chairperson and minority chairperson of

the Appropriations Committee of the Senate, the chairperson and

minority chairperson of the Appropriations Committee of the

House of Representatives, the chairperson and minority

chairperson of the Health and Human Services Committee of the

Senate and the chairperson and minority chairperson of the Human

Services Committee of the House of Representatives. The report

shall include the following:

(1) The name, address and amount of assessment for each

covered hospital subject to the assessment.

(2) The total amount of assessment revenue collected for

each year.

(3) The amount of assessment paid by each covered

hospital, including any interest and penalties paid.

(4) The name and address of each hospital receiving

supplemental payments instituted as a result of the

assessment.

(5) The payment amount and type of supplemental payment

received by each hospital.

(6) The total amount of fee-for-service inpatient acute

care payment made to each hospital.

(7) The number of medical assistance patient days and

discharges by hospital.

(8) Any proposed changes to the payment methodologies

and standards.

Section 1616-U. Expiration.

The assessment under this article shall expire June 30, 2028.

ARTICLE XVI-W

PENNSYLVANIA LONG-TERM CARE COUNCIL

Section 1601-W. 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:

"Council." The Pennsylvania Long-term Care Council

established under section 1602-W(a).

"Department." The Department of Aging of the Commonwealth.

Section 1602-W. Pennsylvania Long-term Care Council.

(a) Establishment.--The Pennsylvania Long-term Care Council

is established within the department.

(b) Membership.--The council shall be composed of and

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appointed in accordance with the following:

(1) The Secretary of Aging.

(2) The Secretary of Health.

(3) The Secretary of Human Services.

(4) The Insurance Commissioner.

(5) The Adjutant General.

(6) The Secretary of Transportation.

(7) The Executive Director of the Pennsylvania Housing

Finance Agency.

(8) Two members of the Senate, one appointed by the

President pro tempore and one appointed by the Minority

Leader.

(9) Two members of the House of Representatives, one

appointed by the Speaker of the House of Representatives and

one appointed by the Minority Leader.

(10) The following members to be appointed by the

Governor, in consultation with the Secretary of Aging:

(i) One representative from the Pennsylvania Council

on Aging.

(ii) One member who represents the local area

agencies on aging.

(iii) Six members who represent consumer advocacy

groups, with at least two being consumers of long-term

care services.

(iv) One member who represents the elder law section

of the Pennsylvania Bar Association.

(v) One member who is a licensed insurance producer

with at least 10 years' experience in the long-term care

insurance market.

(vi) Seven members who represent providers

throughout the long-term care continuum, with no more

than one member representing a single provider group, as

follows:

(A) One member representing nonprofit skilled

nursing facilities.

(B) One member representing for-profit skilled

nursing facilities.

residences or personal care homes.

(D) One member representing home care or

hospice.

(E) One member representing older adult daily

living centers.

(F) One member representing senior community

centers.

(G) One member representing long-term care

managed care.

(vii) Two members with caregiver experience, at

least one of whom has personal experience as a family

caregiver.

(viii) Two members who represent the medical

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community, one of whom must be a physician with at least

five years' experience in a long-term care setting and

the other of whom must be a nurse with at least five

years' experience in a long-term care setting.

(ix) Two members who represent an academic research

institution.

(x) One member who represents the County

Commissioners Association of Pennsylvania.

(xi) The chair of the State Veterans Commission or a

designee.

(xii) One member who represents the Office of the

State Long-Term Care Ombudsman within the department.

governmental members may appoint a designee to attend and vote

at meetings of the council. Each governmental member who

appoints a designee shall do so by sending a letter to the

chairperson stating the name of that designee.

(d) Chairperson.--The Secretary of Aging shall serve as

chairperson.

(e) Executive director.--The Secretary of Aging shall

appoint an executive director of the council.

(f) Terms of members.--

(1) The terms of those members who serve in accordance

with subsection (b)(1), (2), (3), (4), (5), (6) and (7) shall

be concurrent with their service in the office from which

they derive their membership.

(2) Members appointed in accordance with subsection (b)

(8) and (9) shall serve terms conterminous with their

respective appointing authorities.

(3) Of the members appointed by the Governor, no less

than one-third of the members shall be appointed to serve a

two-year initial term, no less than one-third of the members

shall be appointed to serve a three-year initial term, and

the remaining members shall serve a four-year term. Members

of the council shall serve for terms of four years after

completion of the initial terms as designated in this

section.

(4) Members shall be eligible for reappointment but

shall serve no more than two consecutive full terms. Members

shall serve until their successors are appointed and

qualified, provided they represent the interests of the

membership class for which they were appointed.

(g) Vacancies.--Any vacancy on the council shall be filled

by the original appointing authority. An individual appointed to

fill a vacancy shall serve the balance of the previous member's

term.

(h) Removal.--In addition to the provisions of subsection

(f)(1) and (2), members may be removed from the board for the

following reasons:

(1) A member who fails to attend three consecutive

meetings shall forfeit his or her seat unless the chairman,

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upon written request from the member, finds that the member

should be excused from a meeting.

(2) A member shall forfeit his or her seat if he or she

no longer represents the interests of the membership class

for which he or she was appointed. Specifically, a member

meeting this threshold shall no longer be employed or

associated with the interests of the respective qualification

for which he or she was appointed.

(i) Expenses.--Members may not receive compensation or

remuneration for their service as council members or as

committee members. Nongovernmental council members shall be

entitled to reimbursement for travel and related actual expenses

accrued in the performance of their duties as members, in

accordance with Commonwealth travel policy. Committee members

who are not members of the council may not receive

reimbursement.

Section 1603-W. Powers and duties of council.

(a) General rule.--The council shall have the following

powers and duties:

(1) To consult with various departments and agencies and

to make recommendations on regulations, licensure, financing

or any other responsibilities of those departments or

agencies relating to long-term care.

(2) To perform such other duties as the Governor may

assign relating to long-term care.

(3) To approve reports produced by any committee

established under section 1604-W before release to the public

or the General Assembly.

(4) To develop and adopt rules for conducting council

meetings, including, but not limited to, the procedure for

formally adopting the approval of committee reports before

release to the public.

(5) To develop and adopt rules for conducting committee

meetings. This power includes, but is not limited to,

determining the scope of responsibilities for each committee,

the number of members for each committee and the procedure

for formally adopting the approval of committee reports

before release to the council.

(6) To assign topics for research and study to each

committee. Nothing in this paragraph shall be construed to

prohibit a committee from proposing topics for consideration

to the council.

(b) Scope.--All the powers and duties enumerated in this

section shall be performed in a manner that addresses all areas

of long-term care, including, but not limited to, institutional

care and home-based and community-based services.

Section 1604-W . Council committees.

(a) Establishment.--The council shall establish committees

which may research and study the following areas:

(1) Regulatory review and access to quality care.

(2) Community access and public education.

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(3) Long-term care services models and delivery.

(4) Work force.

(5) Housing.

(6) Behavioral health issues of senior citizens who are

at least 60 years of age.

(b) Composition.--The council chairperson shall appoint

committee members, who may include those who are not members of

the council and who have expertise pertaining to the specific

topics and tasks assigned.

the council shall appoint council members to serve as

chairperson and, as needed, vice chairperson for each committee.

(d) Duties.--The council committees shall have the following

powers and duties:

(1) To study and report on the topics assigned by the

council.

(2) To facilitate the creation of the reports and, with

the permission of the council, invite individuals to assist

in preparation of reports for the council.

(3) To approve reports and recommendations for

submission to the council. Only members appointed to each

committee may participate in approving reports and

recommendations to the council.

(e) Construction.--Nothing in this section shall be

construed to prohibit the chairperson, with concurrence by the

council, from establishing additional committees or ad hoc work

groups to assist the council or committees.

Section 5. Sections 1712-A.1(a)(2)(ii) and 1713-A.1(b)(1.8)

of the act, amended July 11, 2022 (P.L.540, No.54), are amended

to read:

Section 1712-A.1. Establishment of special fund and account.

(a) Tobacco Settlement Fund.--

* * *

(2) The following shall be deposited into the Tobacco

Settlement Fund:

* * *

(ii) For fiscal years 2019-2020, 2020-2021, 2021-

2022 [and], 2022-2023 and 2023-2024, an amount equal to

the annual debt service due in the fiscal year as

certified by the Secretary of the Budget pursuant to

section 2804 of the Tax Reform Code of 1971, as published

in the Pennsylvania Bulletin on March 3, 2018, at 48

Pa.B. 1406, shall be transferred to the fund from the

taxes collected under Article XII of the Tax Reform Code

of 1971 by April 30 following the beginning of the fiscal

year. A deposit under this paragraph shall occur prior to

the deposits and transfers under section 1296 of the Tax

Reform Code of 1971.

* * *

Section 1713-A.1. Use of fund.

* * *

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(b) Appropriations.--The following shall apply:

* * *

(1.8) For fiscal years 2021-2022 [and], 2022-2023 and

2023-2024, the General Assembly shall appropriate money in

the fund in accordance with the following percentages based

on the sum of the portion of the annual payment deposited and

the amount deposited under section 1712-A.1(a)(2)(ii) in the

fiscal year:

(i) Four and five-tenths percent for tobacco use

prevention and cessation programs under Chapter 7 of the

Tobacco Settlement Act.

(ii) Twelve and six-tenths percent to be allocated

as follows:

(A) Seventy percent to fund research under

section 908 of the Tobacco Settlement Act.

(B) Thirty percent as follows:

(I) One million dollars for spinal cord

injury research programs under section 909.1 of

the Tobacco Settlement Act.

(II) From the amount remaining after the

amount under subclause (I) has been determined:

(a) Seventy-five percent for pediatric

cancer research institutions within this

Commonwealth that are equipped and actively

conducting pediatric cancer research

designated by the Secretary of Health to be

eligible to receive contributions. No more

than $2,500,000 in a fiscal year shall be

made available to any one pediatric cancer

research institution.

(b) Twenty-five percent for capital and

equipment grants to be allocated by the

Department of Health to entities engaging in

biotechnology research, including entities

engaging in regenerative medicine research,

regenerative medicine medical technology

research, hepatitis and viral research, drug

research and clinical trials related to

cancer, research relating to pulmonary

embolism and deep vein thrombosis, genetic

and molecular research for disease

identification and eradication, vaccine

immune response diagnostics, nanotechnology

research and the commercialization of applied

research.

(iii) One percent for health and related research

under section 909 of the Tobacco Settlement Act.

(iv) Eight and eighteen hundredths percent for the

uncompensated care payment program under Chapter 11 of

the Tobacco Settlement Act.

(v) Thirty percent for the purchase of Medicaid

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benefits for workers with disabilities under Chapter 15

of the Tobacco Settlement Act.

(vi) Forty-three and seventy-two hundredths percent

shall remain in the fund to be separately appropriated

for health-related purposes.

* * *

Section 6. Section 1723-A.1(a)(2)(i.8) of the act is amended

by adding a clause and paragraph (3) is amended by adding a

subparagraph to read:

Section 1723-A.1. Distributions from Pennsylvania Race Horse

Development Fund.

(a) Distributions.--Funds in the fund are appropriated to

the department on a continuing basis for the purposes set forth

in this subsection and shall be distributed to each active and

operating Category 1 licensee conducting live racing as follows:

* * *

(2) Distributions from the fund shall be allocated as

follows:

* * *

(i.8) The following apply:

* * *

$9,309,000 in the fund shall be transferred to the

account in equal weekly amounts sufficient to

complete the total transfer by June 30, 2024.

* * *

(3) The following shall apply:

* * *

(viii) For fiscal year 2023-2024, the department

shall transfer $10,066,000 from the fund to the State

Racing Fund under subsection (b).

* * *

Section 7. Subarticle G of Article XVII-A.1 of the act is

repealed:

[SUBARTICLE G

ENHANCED REVENUE COLLECTION ACCOUNT

Section 1761-A.1. 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:

"Account." The Enhanced Revenue Collection Account continued

under section 1762-A.1.

"Department." The Department of Revenue of the Commonwealth.

Section 1762-A.1. Enhanced Revenue Collection Account.

The Enhanced Revenue Collection Account is continued as a

restricted account within the General Fund. Revenues collected

and the amount of refunds avoided as a result of expanded tax

return reviews and tax collection activities by the department

shall be deposited into the account.

Section 1763-A.1. Use of account.

(a) Appropriation.--The General Assembly may appropriate

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money in the account to the department to fund the costs

associated with expanded tax return reviews and tax collection

activities.

(b) Return.--Except for amounts appropriated under

subsection (a), money in the account shall be returned

proportionately to the General Fund revenue or refund accounts

that were the source of the money no later than the 28th day of

each month of the fiscal year.

Section 1764-A.1. Report.

The department shall issue a report to the Governor, the

chairperson and minority chairperson of the Appropriations

Committee of the Senate and the chairperson and minority

chairperson of the Appropriations Committee of the House of

Representatives by June 5, 2020, and each June 1 thereafter,

with the following information:

(1) A detailed breakdown of the department's

administrative costs in implementing expanded tax return

reviews and tax collection activities.

(2) The amount of revenue collected and the amount of

refunds avoided as a result of the expanded tax return

reviews and tax collection activities, including the type of

tax generating the revenue and avoided refunds.]

Section 8. Section 1712-A.2(c) introductory paragraph of the

act, added July 11, 2022 (P.L.540, No.54), is amended and the

section is amended by adding subsections to read:

Section 1712-A.2. Clean Streams Fund.

* * *

fiscal year 2022-2023, money deposited into the fund [under

subsection (b)] shall be distributed as follows:

* * *

(d) Additional distributions.--For fiscal year 2023-2024 and

each year thereafter, money deposited into the fund shall be

distributed as follows:

(1) Eighty percent to the State Conservation Commission

established under the Conservation District Law, to implement

the Agriculture Conservation Assistance Program under Article

XVI-R.

(2) Eight percent to the Pennsylvania Infrastructure

Investment Authority to implement the Pennsylvania Clean

Water Procurement Program under Article XVI-S.

(3) Eight percent to the Nutrient Management Fund

established under 3 Pa.C.S. § 512.

(4) Four percent to the Department of Environmental

Protection for grants and reimbursements to municipalities

and counties under section 17 of the Storm Water Management

Act.

(e) Unexpended money.--Prior to expending money distributed

under subsection (d), the Department of Agriculture, the

Pennsylvania Infrastructure Investment Authority and the

Department of Environmental Protection shall expend no less than

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75% of the money appropriated from COVID Relief - ARPA -

Transfer to the Clean Streams Fund and distributed under

subsection (b).

Section 8.1. Subarticle C heading of Article XVII-A.2 of the

act is amended to read:

SUBARTICLE C

SPORTS [TOURISM AND MARKETING], MARKETING AND TOURISM ACCOUNT

Section 9. The definition of "eligible applicant" in section

1721-A.2 of the act, added July 11, 2022 (P.L.540, No.54), is

amended and the section is amended by adding definitions to

read:

Section 1721-A.2. 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:

"Account." The Sports, Marketing and Tourism Account

established under section 1722-A.2(a).

* * *

"Eligible applicant." Any of the following:

(1) A municipality, a local authority, a nonprofit

organization or a legal entity that is participating or plans

to participate in a competitive selection process conducted

by a site selection organization not located in this

Commonwealth for the purpose of securing a single year or

multiyear commitment from the site selection organization to

conduct the sporting event at one or more locations in this

Commonwealth.

(2) A nonprofit entity that has been designated to

manage and organize an international sporting event.

* * *

"International sporting event." A sporting event in the city

of the first class as well as other cities in North America

that:

(1) is no less than 25 days in length;

(2) has no less than five competition days in this

Commonwealth; and

(3) will attract international teams from no fewer than

40 countries.

* * *

Section 10. Sections 1722-A.2 heading, (a), (b), (c)(2), (d)

and (e)(2) and 1723-A.2 of the act, added July 11, 2022

(P.L.540, No.54), are amended to read:

Section 1722-A.2. Sports [Tourism and], Marketing and Tourism

Account.

(a) Establishment.--The Sports [Tourism and], Marketing and

Tourism Account is established in the Pennsylvania Gaming

Economic Development and Tourism Fund as a restricted account.

The purpose of the [Sports Tourism and Marketing Account]

account shall be to attract high-quality, amateur and

professional sporting and esports events to this Commonwealth

for the purposes of advancing and promoting year-round tourism,

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economic impact and quality of life through sport and to promote

tourism and tourism activities within this Commonwealth.

(b) Administration and distribution.--The [Sports Tourism

and Marketing Account] account shall be administered by the

department.

* * *

(2) Establish procedures for eligible applicants to

apply for financial assistance from the [Sports Tourism and

Marketing Account] account.

* * *

(d) Use of funds.--

(1) The department may award financial assistance in the

form of a single year or multiyear award for any of the

following:

[(1)] (i) The costs relating to the preparations

necessary for conducting the event.

[(2)] (ii) The costs of conducting the event at the

venue, including costs of an improvement or renovation to

an existing facility at the venue. The financial

assistance under this section shall be limited to 20% of

the total cost of an improvement or renovation to an

existing facility, except if the facility is publicly

owned.

[(3)] (iii) Promotion, marketing and programming

costs associated with the event.

[(4)] (iv) Paid advertising and media buys within

this Commonwealth related to the event.

[(5)] (v) Production and technical expenses related

to the event.

[(6)] (vi) Site fees and costs, such as labor,

rentals, insurance, security and maintenance.

[(7)] (vii) Machinery and equipment purchases

associated with the conduct of the event.

[(8)] (viii) Public infrastructure upgrades or

public safety improvements that will directly or

indirectly benefit the conduct of the event.

[(9)] (ix) Costs related to land acquisition

directly related to the conduct of the event. The

financial assistance under this section shall be limited

to 20% of the total acquisition cost, except if the venue

at which the event will be conducted is publicly owned.

[(10)] (x) On-site hospitality during the conduct of

the event.

(2) The department may use up to $10,000,000 in the form

of single or multiyear awards to an eligible applicant for

costs related to the preparation necessary for conducting an

international sporting event, including costs associated with

the event venue, promotion, advertising, site rentals,

infrastructure upgrades, on-site hospitality, community

engagement programming across this Commonwealth and public

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safety planning and improvements.

(3) The department may use up to $15,000,000 for

activities related to a Statewide marketing strategy.

(e) Prohibitions.--

* * *

(2) Paragraph (1) shall not prohibit a disbursement from

the [Sports Tourism and Marketing Account] account for the

construction of temporary structures within an arena, stadium

or indoor or outdoor venue where the sporting event will be

conducted that are necessary for the conduct of an event or

temporary maintenance of a facility that is necessary for the

preparation for or conduct of an event.

Section 1723-A.2. Transfer of funds.

(a) Fiscal year 2022-2023.--Notwithstanding 4 Pa.C.S. §

13C62(b)(3) (relating to sports wagering tax), for fiscal year

2022-2023, an amount equal to 5% of the tax revenue generated by

the tax imposed under 4 Pa.C.S. § 13C62 or $2,500,000, whichever

is greater, shall be transferred to the [Sports Tourism and

Marketing Account] account for use by the department in

accordance with this subarticle. The amount transferred under

this section may not exceed $5,000,000.

(b) Fiscal year 2023-2024.--Notwithstanding 4 Pa.C.S. § 1407

(relating to Pennsylvania Gaming Economic Development and

Tourism Fund) or any other provision of law, the sum of

$25,000,000 shall be transferred from the Pennsylvania Gaming

Economic Development and Tourism Fund to the account for use by

the department in accordance with this subarticle.

Section 11. Article XVII-A.2 of the act is amended by adding

subarticles to read:

SUBARTICLE E

FACILITY TRANSITION ACCOUNT

Section 1741-A.2. Facility Transition Account.

(a) Establishment.--The Facility Transition Account is

established in the General Fund as a restricted account.

(b) Deposits.--The following shall be deposited into the

account:

(1) Money appropriated to the State System of Higher

Education for facility transition.

(2) (Reserved).

continuing basis to the State System of Higher Education for the

payment of debt service, including early repayment of debt on

facilities owned by the State System of Higher Education located

at Pennsylvania Western University. Money appropriated under

this subsection shall only be used to make payments related to

Pennsylvania Western University projects associated with the

following bond issuances:

(1) Series AO.

(2) Series AP.

(3) Series AQ.

(4) Series AR.

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(5) Series AS.

(6) Series AT.

(7) Series AU.

(8) Series AV.

(9) Series AW.

(10) Series AX.

(11) Series AY.

(d) Remaining money.--Any money remaining in the account

after final payments are made under subsection (c) shall lapse

into the General Fund.

SUBARTICLE F

GAME FUND

Section 1751-A.2. Fund transfer.

Notwithstanding any other law, for fiscal year 2023-2024,

from gas and oil lease revenue deposited into the Game Fund

beginning in fiscal year 2019-2020, $150,000,000 shall be

transferred from the Game Fund to the Clean Streams Fund. The

transfer under this section shall be made by October 15.

Section 12. Section 1718-E(a) of the act is amended by

adding a paragraph to read:

Section 1718-E. Department of Agriculture.

(a) Appropriations.--The following shall apply to

appropriations for the Department of Agriculture:

* * *

(3) No money appropriated from the Motor License Fund

for maintenance and improvement of dirt, gravel and low-

volume State and municipal roads under 75 Pa.C.S. § 9106

(relating to dirt, gravel and low-volume road maintenance)

may be used on land owned or otherwise under the control of

the Pennsylvania Game Commission.

* * *

Section 13. Section 1720-E(b)(9) of the act is amended, the

subsection is amended by adding a paragraph and the section is

amended by adding a subsection to read:

Section 1720-E. Department of Conservation and Natural

Resources.

* * *

(b) Regional ATV pilot program for department lands.--

* * *

(5.1) The department shall provide access to the

department ATV pilot area for at least the 2024 and 2025

summer ATV riding season from the Friday before Memorial Day

through the last full weekend in September, in addition to an

extended season to be determined by the department based on

local conditions.

* * *

(9) The department shall monitor the use, enforcement,

maintenance needs and any associated impacts to State Forest

land resources, value and forest users resulting from the

department ATV pilot area. On or before December 31, 2023,

and every three years thereafter, the department shall submit

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a report to the General Assembly on the department ATV pilot

area.

* * *

appropriated from the Motor License Fund for the maintenance and

mitigation of dust and sediment pollution from parks and

forestry roads under 75 Pa.C.S. § 9106 (relating to dirt, gravel

and low-volume road maintenance) may be used on lands owned or

otherwise under the control of the Pennsylvania Game Commission.

Section 14. Section 1722-E of the act is amended by adding a

subsection to read:

Section 1722-E. Department of Education.

* * *

(h) Drug and Alcohol Recovery High School Program.--

(1) A student may enroll in the recovery high school

under the program established in section 1402-A of the Public

School Code of 1949 if the following apply:

(i) Subject to subparagraph (ii), the student

resides in a school district of the first class and the

student's parent or guardian has applied for enrollment

in the recovery high school on the student's behalf.

(ii) If fewer than 20 students residing in a school

district of the first class enroll in the recovery high

school under the program at any time under subparagraph

(i), a student who resides in a school district other

than a school district of the first class may enroll in

the recovery high school under the program if the

student's parent or guardian has applied for enrollment

in the recovery high school on the student's behalf.

(2) The Department of Education shall pay any tuition

due to the recovery high school by subtracting the amount

from State subsidies payable to the student's school district

of residence.

Section 15. Section 1733-E of the act is amended by adding a

paragraph to read:

Section 1733-E. Pennsylvania State Police.

The following shall apply to appropriations for the

Pennsylvania State Police:

* * *

(3) For fiscal years beginning 2023-2024,

notwithstanding section 205 of the act of April 9, 1929

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

the Pennsylvania State Police shall consist of a number of

officers and enlisted members and shall be organized in a

manner as the Commissioner of the Pennsylvania State Police,

with the approval of the Governor, shall determine. The

number of officers and enlisted members beginning in fiscal

year 2023-2024 shall not exceed in the aggregate at any time

4,410 individuals. Pennsylvania State Police officers and

enlisted members assigned to duty with the Pennsylvania

Turnpike Commission, Delaware River Joint Toll Bridge

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Commission, gaming enforcement and liquor control enforcement

shall not be counted in determining the total number of

officers and enlisted members in the Pennsylvania State

Police under this paragraph.

Section 16. Section 1795.1-E(b)(3), (c)(1)(iv) and (2) of

the act, added July 11, 2022 (P.L.540, No.54), and subsections

(b)(3) and (c)(1)(iv) expired July 31, 2023, are amended,

subsection (b) is amended by adding a paragraph and subsection

(c)(3) is amended by adding a subparagraph to read:

Section 1795.1-E. Surcharges.

* * *

(b) Imposition.--

* * *

[(3) An additional surcharge of $10 shall be charged and

collected by a division of the unified judicial system. This

paragraph shall expire July 31, 2023. The additional

surcharge under this paragraph shall be deposited into the

Judicial Department Operations Augmentation Account under

subsection (d).]

(4) An additional surcharge of $10 shall be charged and

collected by a division of the unified judicial system. This

paragraph shall expire July 31, 2025. The additional

surcharge under this paragraph shall be deposited into the

Judicial Department Operations Augmentation Account under

subsection (d).

(1) In addition to the fees imposed under 42 Pa.C.S. §§

3733(a.1) and 3733.1 (relating to surcharge), except as set

forth in paragraph (2), the following apply:

* * *

[(iv) A surcharge of $11.25 shall be charged and

collected by a division of the unified judicial system.

This subparagraph shall expire July 31, 2023. The

surcharge under this subparagraph shall be deposited into

the Judicial Department Operations Augmentation Account

under subsection (d).]

(v) A surcharge of $11.25 shall be charged and

collected by a division of the unified judicial system.

This subparagraph shall expire July 31, 2025. The

surcharge under this subparagraph shall be deposited into

the Judicial Department Operations Augmentation Account

under subsection (d).

(2) Paragraph [(1) does] (1)(ii) and (iii) shall not

apply to a conviction or guilty plea based on the filing of a

traffic citation charging an offense under 75 Pa.C.S.

(relating to vehicles) that is classified as a summary

offense under a State statute or local ordinance as provided

in the Pennsylvania Rules of Criminal Procedure.

* * *

Section 17. Section 1798.1-E of the act is amended to read:

Section 1798.1-E. Federal and Commonwealth use of forest land.

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(a) Scope.--This section applies to the following:

(1) Real property acquired for forest reserves by any of

the following:

(i) [the] The Federal Government[; or].

(ii) [the] The Commonwealth.

(2) Tax-exempt real property acquired by the Federal

Government or by the Commonwealth for the purpose of

preserving, perpetuating and maintaining any portion of the

original forests of this Commonwealth as public places and

parks.

(3) Real property:

(i) which is acquired for the purpose of

conservation of water or the prevention of flood

conditions; and

(ii) upon which there is an imposed tax payable by

the Commonwealth.

(b) Charge.--

(1) For land owned by the Department of Conservation and

Natural Resources, subject to subsection (c), real property

under subsection (a) shall be subject to an annual charge of

all of the following:

(i) [$2] Two dollars and forty cents per acre for

the benefit of each county where the real property is

located[;]. One dollar and twenty cents shall be paid by

the Department of Conservation and Natural Resources and

$1.20 shall be paid from money available under 4 Pa.C.S.

§ 1403 (relating to establishment of State Gaming Fund

and net slot machine revenue distribution).

(ii) [$2] Two dollars and forty cents per acre for

the benefit of the schools in each school district where

the real property is located[; and]. One dollar and

twenty cents shall be paid by the Department of

Conservation and Natural Resources and $1.20 shall be

paid from money available under 4 Pa.C.S. § 1403.

(iii) [$2] Two dollars and forty cents per acre for

the benefit of the township where the real property is

located. One dollar and twenty cents shall be paid by the

Department of Conservation and Natural Resources and

$1.20 shall be paid from money available under 4 Pa.C.S.

§ 1403.

(2) For land owned by the Pennsylvania Game Commission

or the Pennsylvania Fish and Boat Commission, real property

under subsection (a) shall be subject to an annual charge of

all of the following:

(i) [$1.20] Two dollars and forty cents per acre for

the benefit of each county where the real property is

located[;]. Forty cents shall be paid by the Commonwealth

agency which owns the property and $2 shall be paid from

money available under 4 Pa.C.S. § 1403.

(ii) [$1.20] Two dollars and forty cents per acre

for the benefit of the schools in each school district

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where the real property is located[; and]. Forty cents

shall be paid by the Commonwealth agency which owns the

property and $2 shall be paid from money available under

4 Pa.C.S. § 1403.

(iii) [$1.20] Two dollars and forty cents per acre

for the benefit of the township where the real property

is located. Forty cents shall be paid by the Commonwealth

agency which owns the property and $2 shall be paid from

money available under 4 Pa.C.S. § 1403.

(3) [Subject to subsection (f), the] The charge under

paragraph (1) shall be payable by the Commonwealth before

September 2.

(1) Except as set forth in paragraph (2), the annual

charge payable by the Commonwealth on real property under

subsection (a)(1)(i) shall continue only until the receipt of

money by treasurers and township supervisors of the political

subdivisions under subsection (b)(1), in accordance with the

act of April 27, 1925 (P.L.324, No.185), entitled "An act for

the distribution by the Commonwealth and counties to

townships and school districts of moneys received from the

United States from Forest Reserves within the Commonwealth,"

equals or exceeds the amount paid by the Commonwealth in lieu

of taxes.

(2) Paragraph (1) [does] shall not apply to the

following:

(i) [the] The annual charge per acre for the benefit

of the county where real property under subsection (a)(1)

(i) is located for calendar years 1953, 1954, 1955 and

1956[; and].

(ii) The amount of $0.025 of the annual charge per

acre for the benefit of the county where the real

property under subsection (a)(1)(i) is located for each

year after 1956.

(3) The Commonwealth shall annually pay the charges

exempted under paragraph (2).

(d) Certification.--Upon application of the treasurer or

township supervisor, the Secretary of Conservation and Natural

Resources shall certify to the respective counties, school

districts and townships where real property under subsection (a)

is located and to the State Treasurer:

(1) the number of acres owned by the Federal Government

and by the Commonwealth in the political subdivision; and

(2) the charge against the real property.

(e) Payment.--The State Treasurer shall pay to political

subdivisions under subsection (d) the amount due under

subsection (b) upon:

(1) requisition of the Secretary of Conservation and

Natural Resources; and

(2) application by the appropriate treasurer or township

supervisors.

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[(f) Source of payment.--For real property owned by the

Department of Conservation and Natural Resources, the

Pennsylvania Game Commission or the Pennsylvania Fish and Boat

Commission, of the charge per acre under subsection (b):

(1) $2.40 shall be paid from money available under 4

Pa.C.S. § 1403 (relating to establishment of State Gaming

Fund and net slot machine revenue distribution); and

(2) the remainder shall be paid by the Commonwealth

agency which owns the property.]

Section 18. Section 1798.3-E of the act, amended July 11,

2022 (P.L.540, No.54), is amended to read:

Section 1798.3-E. Multimodal Transportation Fund.

(a) Department of Transportation.--

(1) From funds available to the Department of

Transportation under 74 Pa.C.S. § 2104(a)(2) (relating to use

of money in fund), the local match under 74 Pa.C.S. § 2106

(relating to local match) may be waived by the Secretary of

Transportation for good cause if the applicant for assistance

is a municipality.

(2) From funds available to the Department of

Transportation under 74 Pa.C.S. § 2104(a)(2), the local match

under 74 Pa.C.S. § 2106 may be waived by the Secretary of

Transportation for good cause if the applicant for assistance

is a port authority.

(b) Commonwealth Financing Authority.--Notwithstanding the

provisions of 74 Pa.C.S. § 2106, a municipality or port

authority receiving financial assistance under 74 Pa.C.S. §

2104(a)(4) may not be required to provide a local match.

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Municipality." A county, city, borough, incorporated town,

township or local, regional or metropolitan transportation

authority.

"Port authority." A port authority as established under the

act of July 10, 1989 (P.L.291, No.50), known as the Philadelphia

Regional Port Authority Act.

(d) Expiration.--This section shall expire December 31,

[2023] 2024.

Section 19. Section 1799.5-E of the act is repealed:

[Section 1799.5-E. Sales by distilleries.

(a) General rule.--Notwithstanding any provision of the act

of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, to

the contrary, the holder of a distillery or limited distillery

license may sell liquor to the board and to persons not licensed

by the board. A distillery or limited distillery license holder

may also directly sell liquor to any license or permit holder

that is otherwise authorized to sell liquor. However, aggregate

sales to the license and permit holders may not exceed 50,000

gallons during a calendar year. A license or permit holder that

wishes to acquire liquor produced by a distillery or limited

2023/90AJB/HB1300A01922 - 32 -

distillery license holder after the producer has reached its

aggregate 50,000-gallon limit may still acquire the product if

it is available from the board. If a person holds more than one

distillery or limited distillery license, either directly or

through a wholly owned subsidiary, the sales from all such

licenses shall be considered when determining whether the

50,000-gallon limit has been reached.

(b) Definition.--As used in this section, the term "board"

means the Pennsylvania Liquor Control Board.]

Section 20. The act is amended by adding articles to read:

ARTICLE XVII-F.3

2023-2024 BUDGET IMPLEMENTATION

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 1701-F.3. Applicability.

Except as specifically provided in this article, this article

applies to the General Appropriation Act of 2023 and all other

appropriation acts of 2023.

Section 1702-F.3. 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 of 2023." The act of August 3,

2023 (P.L. , No.1A), known as the General Appropriation Act of

2023.

"Human Services Code." The act of June 13, 1967 (P.L.31,

No.21), known as the Human Services Code.

"Public School Code of 1949." The act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949.

"Secretary." The Secretary of the Budget of the

Commonwealth.

"TANFBG." Temporary Assistance for Needy Families Block

Grant.

Section 1703-F.3. (Reserved).

Section 1704-F.3. (Reserved).

SUBARTICLE B

EXECUTIVE DEPARTMENTS

Section 1711-F.3. Governor (Reserved).

Section 1712-F.3. Executive offices.

The following apply to appropriations for the executive

offices:

(1) The following apply to money appropriated for the

Pennsylvania Commission on Crime and Delinquency:

(i) No less than the amount used in the 2014-2015

fiscal year shall be used to support the Statewide

Automated Victim Information and Notification System

(SAVIN) to provide offender information through county

jails.

(ii) No less than the amount used in the 2014-2015

fiscal year shall be used for a residential treatment

community facility for at-risk youth located in a county

2023/90AJB/HB1300A01922 - 33 -

of the fifth class.

(iii) From the amount appropriated, $400,000 shall

be used for an innovative police data sharing pointer

index system that will allow participating law

enforcement agencies access to incident report data.

(iv) From the amount appropriated, $600,000 shall be

used for a diversion program for first-time nonviolent

offenders facing prison sentences. The diversion program

must include education and employment services, case

management and mentoring.

(v) No less than $3,000,000 shall be available as a

pilot program to offset costs incurred by a city of the

first class and a county of the second class A that is

also a home rule county in connection with hiring

additional assistant district attorneys designated as a

Special United States Attorney by a United States

Attorney's office through participation in the Project

Safe Neighborhoods program and who will exclusively

prosecute crimes under 18 U.S.C. § 922(g) (relating to

unlawful acts).

(vi) $500,000 shall be used to support a Statewide

child predator unit.

(vii) $500,000 shall be used for training and

equipment needs to support improvements in the

identification, investigation and prosecution of 18

Pa.C.S. § 6312 (relating to sexual abuse of children).

(viii) No less than $1,750,000 shall be used for

nonnarcotic medication substance use disorder treatment

for eligible offenders, which shall include the

establishment and administration of a nonnarcotic

medication assisted substance grant program to provide

annual grants to county corrections institutions. As used

in this subparagraph, the term "eligible offender" means

a defendant or inmate convicted of a criminal offense who

will be committed to the custody of the county and who

meets the clinical criteria for an opioid or alcohol use

disorder as determined by a physician.

(ix) (Reserved).

(x) (Reserved).

(2) From money appropriated for violence and delinquency

prevention programs:

(i) no less than the amount used in the 2014-2015

fiscal year shall be used for programs in a city of the

second class; and

(ii) no less than the amount used in the 2014-2015

fiscal year shall be used for blueprint mentoring

programs that address reducing youth violence in cities

of the first, second and third class with programs in

cities of the second class and third class also receiving

a proportional share of $350,000.

(3) Money appropriated for violence intervention and

2023/90AJB/HB1300A01922 - 34 -

prevention shall be used solely to provide grants and

technical assistance to community-based organizations,

institutions of higher education, municipalities, district

attorneys and other entities in accordance with section 1306-

B(b) of the Public School Code of 1949 and notwithstanding

section 1306-B(h)(7) of the Public School Code of 1949 for

programs eligible under section 1306-B(j)(22) of the Public

School Code of 1949.

(4) Money appropriated for county intermediate

punishment shall be distributed to counties for county adult

probation supervision and drug and alcohol and mental health

treatment programs for offenders sentenced to restrictive

conditions of probation imposed under 42 Pa.C.S. § 9763(c) or

(d) (relating to conditions of probation) and are certified

in accordance with 42 Pa.C.S. § 2154.1(b) (relating to

adoption of guidelines for restrictive conditions). The

portion of money for drug and alcohol and mental health

treatment programs shall be based on national statistics that

identify the percentage of incarcerated individuals that are

in need of treatment for substance issues but in no case

shall be less than 80% of the amount appropriated.

Section 1713 -F.3 . Lieutenant Governor (Reserved).

Section 1714 -F.3 . Attorney General.

The following apply to appropriations to the Attorney

General:

(1) The sum of $8,431,000 shall be distributed between

the Attorney General and the district attorney's office in a

city of the first class for costs associated with the

operation of the joint local-State firearm task force in the

city of the first class. No more than 20% may be allocated

for the district attorney's office in a city of the first

class.

(2) The sum of $4,000,048 shall be distributed to the

Attorney General for costs associated with a joint local-

State firearm task force in a city of the first class.

(2.1) The sum of $1,537,952 shall be used to cover the

costs associated with establishing and operating a joint

local-State firearm task force in a county of the second

class.

(3) The Attorney General may expend up to $2,000,000 in

total from the following restricted accounts for building

maintenance and renovation costs for a regional office of the

Attorney General located in a city of the first class:

(i) The Criminal Enforcement Restricted Account

established under section 1713-A.1.

(ii) The Collection Administration Account

established under section 922.1 of the act of April 9,

1929 (P.L.177, No.175), known as The Administrative Code

of 1929.

(iii) The restricted account established under

1795.1-E(c)(3)(iii).

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(iv) The Straw Purchase Prevention Education Fund

established under 18 Pa.C.S. § 6186 (relating to Straw

Purchase Prevention Education Fund).

(v) The restricted account established under section

4 of the act of December 4, 1996 (P.L.911, No.147), known

as the Telemarketer Registration Act.

Section 1715 -F.3 . Auditor General (Reserved).

Section 1716 -F.3 . Treasury Department (Reserved).

Section 1717 -F.3 . Department of Aging (Reserved).

Section 1718 -F.3 . Department of Agriculture.

The following apply to appropriations for the Department of

Agriculture:

(1) From money appropriated for general government

operations, the following apply:

(i) (Reserved).

(ii) No less than $250,000 shall be used for the

Commission for Agricultural Education Excellence to

assist in the development and implementation of

agricultural education programming.

(2) From money appropriated for agricultural

preparedness and response, the following shall apply:

(i) No less than $25,000,000 shall be used for the

following costs associated with preparing for and

responding to an outbreak of highly pathogenic avian

influenza:

(A) Grants to assist with income losses and

costs associated with workforce payroll and benefits,

mortgage interest and rent payments, utility

payments, costs of delayed repopulating and reopening

facilities and other losses or costs associated with

response not otherwise eligible for or covered by

Federal funding, insurance, contracts or other

funding sources.

(B) The establishment and operations of a highly

pathogenic avian influenza rapid response team. The

amount utilized under this clause may not exceed

$2,000,000.

(ii) No less than $6,000,000 shall be used for costs

incurred by the Pennsylvania Animal Diagnostic Laboratory

System in preparing for and responding to an outbreak of

highly pathogenic avian influenza.

(3) (Reserved).

(4) From money appropriated for agricultural research,

the following apply:

(i) No less than $300,000 shall be used for an

agricultural resource center.

(ii) No less than $100,000 shall be used for

agricultural law research programs, including those

addressing energy development, in conjunction with a

land-grant university.

(5) From money appropriated for hardwoods research and

2023/90AJB/HB1300A01922 - 36 -

promotion, at least 80% of the money shall be equally

distributed among the hardwood utilization groups of this

Commonwealth established prior to the effective date of this

section.

(6) Money appropriated for the Animal Health and

Diagnostic Commission shall be equally distributed to the

animal diagnostic laboratory system laboratories located at a

land-grant university and at a school of veterinary medicine

located within this Commonwealth.

Section 1719 -F.3 . Department of Community and Economic

Development.

The following apply to appropriations for the Department of

Community and Economic Development:

(1) From money appropriated for general government

operations, no less than $1,900,000 shall be used to support

a manufacturing technology development effort, to assist

Pennsylvania small businesses with enhanced cyber security

and to test coal ash refuse extraction of rare earth metals

for domestic chip manufacturing in a county of the fourth

class with a population of at least 130,000 but not more than

135,000, under the most recent Federal decennial census.

(2) (Reserved).

(3) From money appropriated for marketing to attract

tourists:

(i) $4,145,000 to fund the activities of the tourism

office within the department; and

(ii) the remaining money includes an allocation to

be used to plan, market and conduct a series of arts and

cultural activities that generate Statewide and regional

economic impact, and $1,000,000 shall be used for an

annual Statewide competition serving approximately 2,000

athletes with intellectual disabilities from across this

Commonwealth to be held in a county of the fourth class.

(4) From money appropriated for Pennsylvania First, no

less than $8,000,000 shall be used to fund the Workforce and

Economic Development Network of Pennsylvania (WEDnetPA) for

workforce training grants provided through an alliance of

educational providers, including, but not limited to, State

System of Higher Education universities, the Pennsylvania

College of Technology and community colleges located in this

Commonwealth.

(5) From money appropriated for Keystone Communities:

(i) $6,405,000 shall be used to fund the Main Street

Program, Elm Street Program, Enterprise Zone Program and

accessible housing. The allocation for the Main Street

Program, Elm Street Program, Enterprise Zone Program and

accessible housing shall be distributed in the same

proportion as amounts allocated in fiscal year 2012-2013.

(ii) The remaining money shall be used for projects

supporting economic growth, community development and

municipal assistance throughout this Commonwealth.

2023/90AJB/HB1300A01922 - 37 -

(6) (Reserved).

(7) Notwithstanding section 4(1) of the act of October

11, 1984 (P.L.906, No.179), known as the Community

Development Block Grant Entitlement Program for Nonurban

Counties and Certain Other Municipalities, the Commonwealth

may use up to 3% of the money received pursuant to the

Housing and Community Development Act of 1974 (Public Law 93-

383, 88 Stat. 633) for administrative costs.

(8) Money appropriated for local municipal relief shall

include an allocation to provide State assistance to

individuals, persons or political subdivisions directly

affected by natural or manmade disasters, public safety

emergencies, other situations that pose a public safety

danger or other situations at the discretion of the

department. State assistance may be limited to grants for

projects that do not qualify for Federal assistance to help

repair damages to primary residences, personal property and

public facilities and structures. Grants shall be made

available for reimbursement in a disaster emergency area only

when a Presidential disaster declaration does not cover the

area or when the Department of Community and Economic

Development determines that a public safety emergency has

occurred.

(9) (Reserved).

(10) Money appropriated for hospital and health system

emergency relief shall include an allocation to provide State

assistance to hospital and health care systems that

experience unexpected financial impact situations. State

assistance may be limited to grants to stabilize finances

that do not qualify for Federal participation or matching

funds under the medical assistance program.

(11) Money appropriated for community and economic

assistance shall include an allocation to provide State

assistance in the form of grants to assist in community and

economic development, including projects in the public

interest.

(12) From money appropriated to the Department of

Community and Economic Development, the Department of

Community and Economic Development shall pay one-third of the

cost for the Commission on Education and Economic

Competitiveness to implement a contract for a nonprofit

entity that has experience in the creation of long-term

education planning efforts as required under section 123.1(g)

of the act of March 10, 1949 (P.L.30. No.14), known as the

Public School Code of 1949. A procurement under this

paragraph shall not be subject to the requirements of 62

Pa.C.S. (relating to procurement). The Department of

Community and Economic Development shall collaborate with any

other State agency as necessary to implement a procurement

under this paragraph.

(13) Money appropriated for workforce development shall

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be distributed in the same proportion as distributed in

fiscal year 2022-2023.

Section 1720 -F.3 . Department of Conservation and Natural

Resources.

The following apply to appropriations for the Department of

Conservation and Natural Resources:

(1) (Reserved).

(2) Money appropriated for parks, forests and recreation

projects shall be used for grants for projects to enhance

parks, forests and recreation activities.

Section 1721 -F.3 . Department of Corrections (Reserved).

Section 1722 -F.3 . Department of Drug and Alcohol Programs

(Reserved).

Section 1723 -F.3 . Department of Education.

The following apply to appropriations to the Department of

Education:

(1) (Reserved).

(2) From an appropriation for adult and family literacy

programs, summer reading programs and the adult high school

diplomas program. The following apply:

(i) no less than the amount allocated in the 2014-

2015 fiscal year shall be allocated for an after-school

learning program servicing low-income students located in

a county of the sixth class with a population, based on

the most recent Federal decennial census, of at least

64,730 but not more than 65,558; and

(ii) no less than the amount allocated in the 2016-

2017 fiscal year shall be used for an after-school

learning program servicing low-income students located in

a county of the third class with a population, based on

the most recent Federal decennial census, of at least

320,000 but not more than 330,000.

(iii) From money appropriated for adult and family

literacy, at least $1,050,000 shall be used to develop

and administer a program to subsidize the cost of high

school equivalency testing that leads to a Commonwealth

secondary school diploma credential for individuals who

meet requirements established by the department.

(3) Notwithstanding any other provision of law, the

appropriation for pupil transportation may not be redirected

for any purpose.

(4) From money appropriated for Pennsylvania Chartered

Schools for Deaf and Blind Children, the following apply:

(i) Upon distribution of the final tuition payment

for the fiscal year, the balance of the appropriation,

excluding amounts under subparagraph (ii), shall be used

to pay the schools' increased share of required

contributions for public school employees' retirement and

shall be distributed pro rata based on each school's

contributions for the prior fiscal year.

(ii) $1,000,000 is included for capital-related

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costs and deferred maintenance to be divided equally

between each school.

(5) Notwithstanding any other provision of law, the

amount of money set aside under section 2509.8 of the Public

School Code of 1949 shall be allocated to each approved

private school with a day tuition rate determined to be less

than $32,000 during the 2010-2011 school year. The allocation

shall be no less than the amount allocated in the 2015-2016

fiscal year.

(6) Money appropriated for regional community college

services shall be distributed to each entity that received

funding in fiscal year 2022-2023 in an amount equal to the

amount received in that fiscal year.

(7) Notwithstanding any other provision of law, money

appropriated for community education councils shall be

distributed in a manner that each community education council

which received funding in fiscal year 2022-2023 shall receive

an amount equal to the amount received in that fiscal year.

(7.1) From money appropriated for Parent Pathways, the

Department of Education shall expand the Parent Pathways

Learning Network Pilot Program to assist parenting students

in pursuing postsecondary pathways to postsecondary degree or

certificate completion. The Department of Education shall

provide financial and technical assistance to postsecondary

institutions to remove barriers to postsecondary degree or

certificate completion and increase access to family

sustaining wages and in-demand occupations.

(8) Notwithstanding section 123(k) of the act of March

10, 1949 (P.L.30, No.14), known as the Public School Code of

1949, the Basic Education Funding Commission is reconstituted

and shall issue an interim report to the recipients listed in

section 123(i)(12) of the Public School Code of 1949 not

later than January 30, 2024, and a final report to to the

recipients not later than April 30, 2024.

(9) Notwithstanding any other provision of law, for the

2023-2024 fiscal year, the department may not accept or

approve new school building construction or reconstruction

project applications under subarticle (c) of Article VII of

the Public School Code of 1949.

(10) For the 2023-2024 fiscal year, the department may

not use any appropriation for projects for which approval and

reimbursement is sought and for the program under Article

XXVI-J of the Public School Code of 1949.

(11) From money appropriated for safe school

initiatives, the combined amount of grants awarded to

intermediate units on behalf of nonpublic schools under

section 1302-A(c) of the Public School Code of 1949 and

grants awarded for costs associated with a nonpublic school

obtaining the services of a school police officer under

section 1302-A(c.1) of the Public School Code of 1949 shall

be no less than $14,550,571.

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(12) From money appropriated for the Pre-K Counts

Program, the following shall apply:

(i) Beginning December 31, 2023, and on the last day

of each month thereafter, an approved provider shall

submit a monthly report of the following program

information to the Department of Education:

(A) The number of students for which the

approved provider is receiving grant funds.

(B) The number of students enrolled during the

month.

enrolled.

(D) The number of students seeking services but

not enrolled.

(ii) No later than 30 days after receiving the

required reports from approved providers under

subparagraph (i) the Department of Education shall make a

report of the information collected from approved

providers and information detailing the recovery and

redirection of grant funds to the chairperson and

minority chairperson of the Appropriations Committee of

the Senate and the chairperson and minority chairperson

of the Appropriations Committee of the House of

Representatives that includes the following:

(A) The information received under subparagraph

(i).

(B) The amount of funds to be recovered under

subparagraph (iii).

recovered under subparagraph (iii) were intended to

provide services.

(D) The amount of funds to be reallocated under

subparagraph (iv).

(E) The number of students that funds to be

reallocated under subparagraph (iv) will allow to

receive services.

(F) The amount of funds recovered and not

reallocated under subparagraph (iv).

(iii) Grant funds received by an approved provider

shall be recovered by the Department of Education within

15 days of a report made under subparagraph (i) that

finds the number of students for which the approved

provider is receiving grant funds is greater than the

number of students enrolled during the month. The amount

of grant funds to be recovered shall be determined by

subtracting the number of students enrolled during the

month from the number of students for which the approved

provider is receiving grant funds and multiplying the

difference by the portion of the per-student grant award

amount paid to the approved provider for the period for

which the report was made.

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(iv) Grant funds recovered under subparagraph (iii)

shall be reallocated proportionally to approved providers

based on the number of students seeking services but not

enrolled as reported in subparagraph (i). Grant funds may

not be reallocated in excess of the number of students

seeking services but not enrolled. Any recovered grant

funds remaining at the end of the fiscal year shall lapse

to the General Fund.

(v) The Secretary of Education and the Secretary of

Human Services shall report, on a quarterly basis, in

person to the chairperson and minority chairperson of the

Appropriations Committee of the Senate and the

chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives

or their designees, the information reported under

subparagraph (i) and information documenting the recovery

of funds under subparagraph (iii) and the reallocation of

funds and funds remaining available under subparagraph

(iv).

(13) Notwithstanding any other provision of law to the

contrary, from money appropriated for payment of approved

operating expenses of community colleges, each community

college shall receive an amount equal to the following:

(i) For the 2023-2024 fiscal year, each community

college shall receive an amount equal to the following:

(A) An amount equal to the reimbursement for

operating costs received in fiscal year 2022-2023

under section 1913-A(b)(1.6)(xvi)(A) and (C) and

(xvii) of the Public School Code of 1949.

(B) An amount equal to the economic development

stipend received in fiscal year 2022-2023 under

section 1913-A(b)(1.6)(xvi)(B) of the Public School

Code of 1949.

funding under clause (A) or (B), an additional amount

for operating costs determined for each community

college, as follows:

(I) Multiply the audited full-time

equivalent enrollment as verified under section

1913-B(k.1) for the most recent year available

for the community college by $5,130,000.

(II) Divide the product in subclause (I) by

the sum of the audited full-time equivalent

enrollment as verified under section 1913-A(k.1)

of the Public School Code of 1949 for the most

recent year available for all community colleges.

(ii) (Reserved).

(14) Notwithstanding any other provision of law to the

contrary, from money appropriated for a subsidy to public

libraries funds shall be distributed as follows:

(i) The State Librarian shall distribute $6,717 to

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each district library center that received less than the

amount specified under 24 Pa.C.S. § 9338(b)(2) (relating

to district library center aid) in fiscal year 2022-2023

from funds allocated under section 2326(1) of the Public

School Code of 1949.

(ii) All funds remaining after the distribution

under subparagraph (i) shall be distributed to each

library under the following formula:

(A) Divide the sum of the amount of funding the

library received in fiscal year 2022-2023 under

section 2326(1) of the Public School Code of 1949 and

subparagraph (i) by the sum of the total amount of

State aid provided under section 2326(1) of the

Public School Code of 1949 and subparagraph (i).

(B) Multiply the quotient under clause (A) by

$70,422,981.

(iii) Following distribution of funds appropriated

for State aid to libraries under subparagraphs (i) and

(ii), any remaining funds may be distributed at the

discretion of the State Librarian.

(iv) If funds appropriated for State aid to

libraries in fiscal year 2023-2024 are less than funds

appropriated in fiscal year 2002-2003, the State

Librarian may waive standards as prescribed in 24 Pa.C.S.

Ch. 93 (relating to Public Library Code).

(v) 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.

(vi) In the case of a library system that contains a

library operating in a city of the second class, changes

to the distribution of State aid to the library shall be

made by mutual agreement between the library and the

library system.

(vii) In the event of a change in district library

center population prior to the effective date of this

section as a result of:

(A) a city, borough, town, township, school

district or county moving from one library center to

another; or

(B) a transfer of district library center status

to a county library system;

funding of district library center aid shall be paid

based on the population of the newly established or

reconfigured district library center.

(viii) In the event of a change in direct service

area from one library to another, the State Librarian,

upon agreement of the affected libraries, may

redistribute the local library share of aid to the

library currently servicing the area.

(15) From money appropriated for Ready-to-Learn Block

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Grant for the 2023-2024 school year, each school entity shall

receive a Ready-to-Learn Block Grant in an amount not less

than the amount received by the school entity from the

appropriation for the Ready-to-Learn Block Grant during the

2022-2023 fiscal year.

(16) (Reserved).

(17) From money appropriated for payments on account of

special education of exceptional children, 5.5% of the amount

shall be paid to intermediate units on account of special

education services.

(18) Notwithstanding any provision of law to the

contrary, from money appropriated for career and technical

education, payments on account of pupils enrolled in career

and technical education curriculums as required under section

2502.8 of the Public School Code of 1949 shall by calculated

by determining the increase in the weighted average daily

membership by multiplying the number of students in average

daily membership in career and technical curriculums in area

career and technical schools by 0.2668 and the number of

students in average daily membership in school district and

charter school career and technical curriculums by 0.2178.

(19) (Reserved).

(20) Article XXVI-J of the Public School Code of 1949

shall apply to projects for which approval and reimbursement

is sought and for the program beginning July 1, 2024.

(21) The Department of Education may utilize up to

$7,000,000 of undistributed funds not expended, encumbered or

committed from appropriations for grants, subsidies and

assessments made to the Department of Education to assist

school districts declared to be in financial recovery status

under section 621-A of the Public School Code of 1949,

identified for financial watch status under section 611-A of

the Public School Code of 1949 or identified for financial

watch status under section 694-A of the Public School Code of

1949; except that the funds must be first utilized to

accomplish the provisions contained in section 695-A of the

Public School Code of 1949. The funds shall be transferred by

the Secretary of the Budget to a restricted account as

necessary to make payments under this paragraph and, when

transferred, are appropriated to carry out the provisions of

this section 2510.3 of the Public School Code of 1949.

(22) From money appropriated to the Department of

Education, the Department of Education shall pay one-third of

the cost for the Commission on Education and Economic

Competitiveness to implement a contract for a nonprofit

entity that has experience in the creation of long-term

education planning efforts as required under section 123.1(g)

of the Public School Code of 1949. A procurement under this

paragraph shall not be subject to the requirements of 62

Pa.C.S. (relating to procurement). The Department of

Education shall collaborate with any other State agency as

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necessary to implement a procurement under this paragraph.

(23) From money appropriated for grants to school

districts to assist in meeting Federal matching requirements

for grants received under 42 U.S.C. Ch. 13A (relating to

child nutrition) and to aid in providing a food program for

needy children, money shall be used to reimburse schools that

participate in the National School Lunch and School Breakfast

Programs for the difference between the reimbursement rate

for a free lunch and a reduced price lunch and the difference

between the reimbursement rate for a free breakfast and a

reduced price breakfast or paid breakfast.

(24) Money appropriated for job training and education

programs shall be used for grants for job training and

educational programs.

(25) Money appropriated for mobile science and

mathematics education programs shall be used for grants to

support mobile science and mathematics education programs.

Section 1724 -F.3 . Department of Environmental Protection

(Reserved).

Section 1725 -F.3 . Department of General Services.

From money appropriated to the Department of General Services

for Capitol fire protection, the City of Harrisburg shall use

the money to support the provisions of fire services to the

Capitol complex.

Section 1726 -F.3 . Department of Health.

The following apply to appropriations for the Department of

Health:

(1) From money appropriated for general government

operations, sufficient money is included for the coordination

of donated dental services.

(2) (Reserved).

(3) From money appropriated for primary health care

practitioner, the following apply:

(i) No less than $3,451,000 shall be used for

Primary Care Loan Repayment Grant Awards.

(ii) No less than $1,500,000 shall be used for the

Pennsylvania Academy of Family Physicians Family Medicine

Residency Expansion Program.

(iii) No less than $1,300,000 shall be used for the

Pennsylvania Academy of Family Physicians Family Medicine

Residency Community Health Impact Grant Program.

(iv) Grantees other than as provided under

subparagraphs (i), (ii) and (iii) that received amounts

in the 2022-2023 fiscal year shall receive the amount

each grantee received in the 2022-2023 fiscal year.

(4) Money appropriated for services for children with

special needs shall be distributed to grantees in the same

proportion as distributed in fiscal year 2019-2020.

(5) From money appropriated for adult cystic fibrosis

and other chronic respiratory illnesses, the following apply:

(i) No less than $212,000 shall be used for a

2023/90AJB/HB1300A01922 - 45 -

program promoting cystic fibrosis research in a county of

the second class.

(ii) No less than $106,000 shall be used for

research related to childhood cystic fibrosis in a city

of the first class with a hospital that is nationally

accredited as a cystic fibrosis treatment center and

specializes in the treatment of children.

(iii) Any money not used under subparagraph (i) or

(ii) shall be distributed to grantees in the same

proportion as distributed in fiscal year 2019-2020.

(6) Money appropriated for diagnosis and treatment for

Cooley's anemia shall be distributed to grantees in the same

proportion as distributed in fiscal year 2019-2020.

(7) Money appropriated for hemophilia services shall be

distributed to grantees in the same proportion as distributed

in fiscal year 2019-2020.

(8) Money appropriated for lupus programs shall be

distributed proportionately to each entity that received

funding in fiscal year 2018-2019.

(9) From money appropriated for sickle cell anemia

services, including camps for children with sickle cell

anemia, the following shall apply:

(i) Grantees which received amounts in fiscal year

2019-2020 shall receive an amount which is in the same

proportion as distributed in fiscal year 2019-2020.

(ii) $75,000 shall be distributed to a qualifying

academic medical center located in a county of the third

class with a population between 280,000 and 300,000 under

the most recent Federal decennial census for expanded

care of adult sickle cell disease.

(10) Money appropriated for Lyme disease includes

$2,000,000 for costs related to free tick testing for

residents performed in conjunction with a university that is

part of the State System of Higher Education, including

outreach and marketing.

(11) Money appropriated for biotechnology research shall

include allocations for regenerative medicine research, for

regenerative medicine medical technology, for hepatitis and

viral research, for drug research and clinical trials related

to cancer, for genetic and molecular research for disease

identification and eradication, for vaccine immune response

diagnostics, for nanotechnology and for the commercialization

of applied research.

Section 1727 -F.3 . Insurance Department (Reserved).

Section 1728 -F.3 . Department of Labor and Industry.

The following apply to appropriations to the Department of

Labor and Industry:

(1) From money appropriated for Industry Partnerships,

no less than the amount allocated in the 2014-2015 fiscal

year shall be used for a work force development program that

links veterans with employment in a home rule county that was

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formerly a county of the second class A.

(2) From money appropriated to the Department of Labor

and Industry, the Department of Labor and Industry shall pay

one-third of the cost for the Commission on Education and

Economic Competitiveness to implement a contract for a

nonprofit entity that has experience in the creation of long-

term education planning efforts as required under section

123.1(g) of the act of March 10, 1949 (P.L.30. No.14), known

as the Public School Code of 1949. A procurement under this

paragraph shall not be subject to the requirements of 62

Pa.C.S. (relating to procurement). The Department of Labor

and Industry shall collaborate with any other State agency as

necessary to implement a procurement under this paragraph.

Section 1729 -F.3 . Department of Military and Veterans Affairs

(Reserved).

Section 1730 -F.3 . Department of Human Services.

The following apply to appropriations for the Department of

Human Services:

(1) From money appropriated for mental health services

or from Federal money, $580,000 shall be used for the

following:

(i) The operation and maintenance of a network of

web portals that provide comprehensive referral services,

support and information relating to early intervention,

prevention and support for individuals with mental health

or substance abuse issues, county mental health offices,

providers and others that provide mental and behavioral

health treatment and related services.

(ii) The expansion of the existing web portals,

including services and resources for military veterans

and their families, including comprehensive referral

services for transitional, temporary and permanent

housing, job placement and career counseling and other

services for military veterans returning to civilian

life.

(2) Notwithstanding any other provision of law, from the

money appropriated for mental health services, $20,000,000

shall be used for county mental health services in addition

to the county funding provided under the act of October 20,

1966 (3rd Sp.Sess., P.L.96, No.6), known as the Mental Health

and Intellectual Disability Act of 1966, and the Human

Services Block Grant Program under Article XIV-B of the Human

Services Code. The following apply:

(i) Money shall be distributed to each county and

county local collaborative arrangement on a pro rata

basis based upon fiscal year 2022-2023 mental health

community base funded services allocations.

(ii) County mental health services shall be provided

and reported in accordance with the reporting and

monitoring requirements of the Department of Human

Services.

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(iii) Money received under this paragraph may not be

included in the calculation of the allocation of funds

under the Human Services Block Grant Program.

(3) Subject to the availability of Federal money and

eligibility under Federal TANFBG rules, grantees who operated

within the PA WorkWear program in the prior fiscal year and

who remain in operation shall be offered a grant for the

fiscal year to continue service delivery under substantially

similar terms as previous PA WorkWear grants unless both

parties agree to alternate terms. Nothing in this paragraph

shall prohibit the Department of Human Services from offering

a grant to a prospective PA WorkWear provider to replace a

prior grantee who chooses not to continue to operate in the

program.

(4) From money appropriated for medical assistance

capitation:

(i) No less than the amount used in the 2014-2015

fiscal year shall be used for prevention and treatment of

depression and its complications in older Pennsylvanians

in a county of the second class.

(ii) Subject to Federal approval as may be necessary

and contingent on Federal financial participation,

sufficient funds are included to provide reimbursement

for ground mileage for every loaded mile and to provide

the greater of Medicare rates published in the Ambulance

Fee Schedule Public Use File for calendar year 2023 or

the current Medicaid Ambulance Fees as updated by Medical

Assistance Bulletin 26-22-07 effective date January 1,

2023, beginning on January 1, 2024.

(5) The following shall apply to amounts appropriated

for medical assistance fee-for-service:

(i) Payments to hospitals for Community Access Fund

grants shall be distributed under the formulas utilized

for these grants in fiscal year 2014-2015. If the total

funding available under this subparagraph is less than

that available in fiscal year 2014-2015, payments shall

be made on a pro rata basis.

(ii) Amounts allocated from money appropriated for

fee-for-service used for the SelectPlan for Women's

preventative health services shall be used for women's

medical services, including noninvasive contraception

supplies.

(iii) Notwithstanding any other law, money

appropriated for medical assistance payments for fee-for-

service care, exclusive of inpatient services provided

through capitation plans, shall include sufficient money

for two separate All Patient Refined Diagnostic Related

Group payments for inpatient acute care general hospital

stays for:

(A) normal newborn care; and

(B) mothers' obstetrical delivery.

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(iv) No less than $330,000 shall be used for cleft

palates and other craniofacial anomalies.

(v) No less than $800,000 shall be distributed to a

hospital for clinical ophthalmologic services located in

a city of the first class.

(vi) (Reserved).

(vii) No less than $5,000,000 shall be distributed

to a hospital in a city of the third class in a home rule

county that was formerly a county of the second class A,

provided that services and specialties available on the

effective date of this paragraph must remain available

until July 1, 2024, and compliance with any other

requirements imposed by the Department of Human Services.

The Department of Human Services may recoup funds from

any hospital failing to meet the conditions under this

paragraph.

(viii) No less than $2,000,000 shall be distributed

to a university located in a city of the first class to

research the impact of trauma-informed programs on

community violence prevention and health disparities.

(ix) No less than $3,000,000 shall be distributed to

an enrolled outpatient therapy service provider located

in a city of the second class in a county of the second

class that provides behavioral health and medical

rehabilitation pediatric outpatient services.

(x) No less than $1,250,000 shall be distributed to

an acute care hospital in a city of the third class with

a population between 14,000 and 15,000 according to the

most recent Federal decennial census in a county of the

third class with a population between 350,000 and 370,000

according to the most recent Federal decennial census.

(xi) Subject to Federal approval as may be necessary

and contingent on Federal financial participation,

sufficient funds are included to provide reimbursement

for ground mileage for every loaded mile and to provide

the greater of Medicare rates published in the Ambulance

Fee Schedule Public Use File for calendar year 2023 or

the current Medicaid Ambulance Fees as updated by Medical

Assistance Bulletin 26-22-07 effective date January 1,

2023, beginning on January 1, 2024.

(6) To supplement the money appropriated to the

department for medical assistance for workers with

disabilities, in addition to the monthly premium under

section 1503(b)(1) of the act of June 26, 2001 (P.L.755,

No.77), known as the Tobacco Settlement Act, the department

may adjust the percentage of the premium upon approval of the

Centers for Medicare and Medicaid Services as authorized

under Federal requirements. Failure to make payments in

accordance with this paragraph or section 1503(b)(1) of the

Tobacco Settlement Act shall result in the termination of

medical assistance coverage.

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(7) Qualifying physician practice plans that received

money for fiscal year 2017-2018 shall not receive less than

the State appropriation made available to those physician

practice plans during fiscal year 2017-2018.

(8) Federal or State money appropriated under the

General Appropriation Act of 2023 in accordance with 35

Pa.C.S. § 8107.3 (relating to funding) not used to make

payments to hospitals qualifying as Level III trauma centers

or seeking accreditation as Level III trauma centers shall be

used to make payments to hospitals qualifying as Levels I and

II trauma centers.

(9) Qualifying academic medical centers that received

money for fiscal year 2017-2018 shall receive the same amount

from the State appropriation made available to those academic

medical centers during fiscal year 2017-2018.

(10) Money appropriated for medical assistance

transportation shall only be utilized as a payment of last

resort for transportation for eligible medical assistance

recipients.

(11) (Reserved).

(12) From money appropriated for medical assistance

long-term living:

(i) No less than the amount distributed in the 2014-

2015 fiscal year shall be distributed to a county nursing

home located in a home rule county that was formerly a

county of the second class A with more than 725 beds and

a Medicaid acuity at 0.79 as of August 1, 2015.

(ii) No less than the amount used in the 2020-2021

fiscal year shall be distributed to a nonpublic nursing

home located in a county of the first class with more

than 395 beds and a Medicaid acuity at 1.06 as of August

1, 2022, to ensure access to necessary nursing care in

that county.

(iii) $5,000,000 shall be distributed to a nonpublic

nursing home located in a county of the eighth class with

more than 119 beds and a Medicaid acuity at 1.11 as of

August 1, 2022, to ensure access to necessary nursing

home care in that county.

(iv) An additional $500,000 shall be paid in equal

payments to nursing facilities which remain open as of

the effective date of this section that qualified for

supplemental ventilator care and tracheostomy care

payments in fiscal year 2014-2015 with a percentage of

medical assistance recipient residents who required

medically necessary ventilator care or tracheostomy care

greater than 90%.

(v) Subject to Federal approval of necessary

amendments of the Title XIX State Plan, $16,000,000 is

allocated for medical assistance day-one incentive

payments to qualified nonpublic nursing facilities under

methodology and criteria under section 443.1(7)(vi) of

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the Human Services Code. The Department of Human Services

shall determine a nonpublic nursing facility's overall

and medical assistance occupancy rate to qualify for a

medical assistance day-one incentive payment for the

fiscal year based on a nursing facility's resident day

quarter ending December 31, 2019, for the first of two

payments and a nursing facility's resident day quarter

ending March 31, 2020, for the second of two payments.

(vi) For fiscal year 2023-2024, the Department of

Human Services shall calculate each nursing facility's

case-mix rate based on the cost database and peer group

prices for each net operating cost center used in the

calculation of each nursing facility's case-mix for

fiscal year 2022-2023. Each nursing facility's case-mix

rate shall be adjusted quarterly in accordance with 55

Pa. Code § 1187.96(a)(5) (relating to price- and rate-

setting computations).

(13) From money appropriated for Medical Assistance

Community HealthChoices:

(i) (Reserved).

(ii) Subject to Federal approval as may be necessary

and contingent on Federal financial participation,

sufficient funds are included to provide reimbursement

for ground mileage for every loaded mile and to provide

the greater of Medicare rates published in the Ambulance

Fee Schedule Public Use File for calendar year 2023 or

the current Medicaid Ambulance Fees as updated by Medical

Assistance Bulletin 26-22-07 effective date January 1,

2023, beginning on January 1, 2024.

(iii) For fiscal year 2023-2024, the Department of

Human Services shall calculate each nursing facility's

case-mix rate based on the cost database and peer group

prices for each net operating cost center used in the

calculation of each nursing facility's case-mix for

fiscal year 2022-2023. Each nursing facility's case-mix

rate shall be adjusted quarterly in accordance with 55

Pa. Code § 1187.96(a)(5).

(14) From money appropriated for autism intervention and

services:

(i) $600,000 shall be allocated to a behavioral

health facility located in a county of the fifth class

with a population between 140,000 and 145,000 under the

most recent Federal decennial census and shall be

distributed to a health system that operates both a

general acute care hospital and a behavioral health

facility that has a center for autism and developmental

disabilities located in a county of the fifth class with

a population between 140,000 and 145,000 under the most

recent Federal decennial census;

(ii) $300,000 shall be allocated to an institution

of higher education that provides autism education and

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diagnostic curriculum located in a city of the first

class that operates a center for autism in a county of

the second class A;

(iii) $300,000 shall be allocated to an institution

of higher education that provides autism education and

diagnostic curriculum and is located in a county of the

second class;

(iv) no less than the amount distributed in the

2014-2015 fiscal year shall be allocated for programs to

promote the health and fitness of persons with

developmental disabilities located in a city of the first

class; and

(v) $600,000 shall be allocated for an entity that

provides alternative educational services to individuals

with autism and developmental disabilities in the county

which was most recently designated as a county of the

second class A.

(15) (Reserved).

(16) From money appropriated for child-care services, no

less than $25,000,000 shall be allocated to apply an income

limit for subsidized child care during redetermination of

eligibility to no more than 300% of the Federal poverty

income guidelines or 85% of the State median income,

whichever is lower. Notwithstanding any other provision of

law, the department shall determine copayment amounts for

family incomes above 235% of the Federal poverty income

guidelines in order to support economic self-sufficiency. The

department shall transmit notice of the copayment schedule to

the Legislative Reference Bureau for publication in the next

available issue of the Pennsylvania Bulletin.

(17) (Reserved).

(18) Money appropriated for breast cancer screening may

be used for women's medical services, including noninvasive

contraception supplies.

(19) From the appropriation for 2-1-1 Communications,

$750,000 shall be allocated for a Statewide 2-1-1 System

Grant Program.

(20) The appropriation for services for the visually

impaired includes the following:

(i) an allocation of $4,084,000 for a Statewide

professional services provider association for the blind

to provide training and supportive services for

individuals who are blind and preschool vision screenings

and eye safety education; and

(ii) an allocation of $618,000 to provide

specialized services and prevention of blindness services

in cities of the first class.

(21) The provisions of 8 U.S.C. §§ 1611 (relating to

aliens who are not qualified aliens ineligible for Federal

public benefits), 1612 (relating to limited eligibility of

qualified aliens for certain Federal programs) and 1642

2023/90AJB/HB1300A01922 - 52 -

(relating to verification of eligibility for Federal public

benefits) shall apply to payments and providers.

(22) (Reserved).

(23) The Department of Human Services shall not add non-

medically necessary services to the Medical Assistance

Program that would result in the need for a supplemental

appropriation without the approval of the General Assembly.

Each proposed service shall be outlined in the Governor's

Executive Budget or subsequent updates provided in writing to

the General Assembly.

(24) No later than six months after the enactment of the

General Appropriation Act of 2023, the Department of Human

Services shall complete a report analyzing the wages for

direct care workers providing services to the Department of

Human Services. The following shall apply:

(i) The report shall include all of the following:

(A) The average wages paid to direct care staff

by each program office.

(B) Whether wages are attributed to staffing

shortages and resulted in waiting lists.

(ii) The Department of Human Services shall submit

the report to the chairperson and minority chairperson of

the Appropriations Committee of the Senate, the

chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives,

the chairperson and minority chairperson of the Health

and Human Services Committee of the Senate and the

chairperson and minority chairperson of the Human

Services Committee of the House of Representatives.

Section 1731 -F.3 . Department of Revenue (Reserved).

Section 1732-F.3. Department of State (Reserved).

Section 1733-F.3. Department of Transportation (Reserved).

Section 1734-F.3. Pennsylvania State Police (Reserved).

Section 1735-F.3. Pennsylvania Emergency Management Agency.

The following shall apply to appropriations for the

Pennsylvania Emergency Management Agency:

(1) Money appropriated for search and rescue programs

shall be used to support programs related to training working

service dogs focusing on rescue and public safety.

(2) Money appropriated for the State Fire Commissioner

includes funding for a Statewide recruitment and retention

coordinator and regional technical advisors to develop,

implement and deliver recruitment and retention training

programs and provide technical assistance to local fire

organizations and local governments.

(3) Money appropriated for State disaster assistance

shall be used to provide individual disaster recovery

assistance to assist in the recovery from emergencies and

non-Federally declared disasters. Amounts under this

paragraph may be used for critical needs assistance and to

repair damage to residential properties not compensated by

2023/90AJB/HB1300A01922 - 53 -

insurance or any other funding sources. The Pennsylvania

Emergency Management Agency shall develop guidelines to

implement this paragraph and submit the guidelines to the

Legislative Reference Bureau for publication in the next

available issue of the Pennsylvania Bulletin.

Section 1736-F.3. State-related universities (Reserved).

Section 1737-F.3. State System of Higher Education.

The following shall apply to appropriations for the State

System of Higher Education :

(1) It shall be a condition of receipt of money

appropriated by the Commonwealth that, for the 2023-2024 and

2024-2025 academic years, the tuition level charged by an

institution to students who are residents of this

Commonwealth shall remain the same as the amount charged to

residents of this Commonwealth during the 2022-2023 academic

year. The difference between the tuition level charged for

residents and nonresidents may be waived for nonresident

students from states contiguous to this Commonwealth at the

discretion of an institution president.

(2) (Reserved).

Section 1738-F.3. Pennsylvania Higher Education Assistance

Agency.

The following shall apply to appropriations for the

Pennsylvania Higher Education Assistance Agency:

(1) The Pennsylvania Higher Education Assistance Agency

shall allocate $500,000 from the Higher Education Assistance

Fund for the Cheyney University Keystone Academy.

(2) From money appropriated for payment of education

assistance grants, the amount of $1,000,000 shall be

allocated to a State-owned university located in Tioga County

for merit scholarships.

(3) From money appropriated for Pennsylvania Internship

Program grants, funds may be used for internship and seminar

programs.

Section 1739-F.3. Thaddeus Stevens College of Technology.

The following shall apply to appropriations for the Thaddeus

Stevens College of Technology:

(1) From funds appropriated for Thaddeus Stevens College

of Technology, the President of the college shall cause to be

prepared and submitted to the Secretary of Education, the

President pro tempore of the Senate, the Speaker of the House

of Representatives, the Majority Leader and the Minority

Leader of the Senate, the Majority Leader and the Minority

Leader of the House of Representatives, the chairperson and

minority chairperson of the Education Committee of the Senate

and the chairperson and minority chairperson of the Education

Committee of the House of Representatives a comprehensive

report outlining the use of funds appropriated, to

specifically include the strategies and use of funds to

expand student enrollment.

(2) (Reserved).

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Section 1740-F.3. Pennsylvania Historical and Museum Commission

(Reserved).

Section 1741-F.3. Environmental Hearing Board (Reserved).

Section 1742-F.3. Health Care Cost Containment Council

(Reserved).

Section 1743-F.3. State Ethics Commission (Reserved).

Section 1744-F.3. Commonwealth Financing Authority (Reserved).

SUBARTICLE C

STATE GOVERNMENT SUPPORT AGENCIES

Section 1751-F.3. Legislative Reference Bureau (Reserved).

Section 1752-F.3. Legislative Budget and Finance Committee

(Reserved).

Section 1753-F.3. Legislative Data Processing Committee

(Reserved).

Section 1754-F.3. Joint State Government Commission (Reserved).

Section 1755-F.3. Local Government Commission (Reserved).

Section 1756-F.3. Legislative Audit Advisory Commission

(Reserved).

Section 1757-F.3. Independent Regulatory Review Commission

(Reserved).

Section 1758-F.3. Capitol Preservation Committee (Reserved).

Section 1759-F.3. Pennsylvania Commission on Sentencing

(Reserved).

Section 1760-F.3. Center for Rural Pennsylvania (Reserved).

Section 1761-F.3. Commonwealth Mail Processing Center

(Reserved).

Section 1762-F.3. Legislative Reapportionment Commission

(Reserved).

Section 1763-F.3. Independent Fiscal Office (Reserved).

SUBARTICLE D

JUDICIAL DEPARTMENT

Section 1771-F.3. Supreme Court (Reserved).

Section 1772-F.3. Superior Court (Reserved).

Section 1773-F.3. Commonwealth Court (Reserved).

Section 1774-F.3. Courts of common pleas (Reserved).

Section 1775-F.3. Community courts; magisterial district judges

(Reserved).

Section 1776-F.3. Philadelphia Municipal Court (Reserved).

Section 1777-F.3. Judicial Conduct Board (Reserved).

Section 1778-F.3. Court of Judicial Discipline (Reserved).

Section 1779-F.3. Juror cost reimbursement (Reserved).

Section 1780-F.3. County court reimbursement (Reserved).

SUBARTICLE E

GENERAL ASSEMBLY

(Reserved)

ARTICLE XVII-F.4

2023-2024 RESTRICTIONS ON APPROPRIATIONS

FOR FUNDS AND ACCOUNTS

Section 1701-F.4. Applicability.

Except as specifically provided in this article, this article

applies to the General Appropriation Act of 2023 and all other

2023/90AJB/HB1300A01922 - 55 -

appropriation acts of 2023.

Section 1702-F.4. 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 of 2023." The act of August 3,

2023 (P.L. , No.1A), known as the General Appropriation Act of

2023.

Section 1703-F.4. State Lottery Fund.

The following apply:

(1) Money appropriated for PENNCARE may not be utilized

for administrative costs by the Department of Aging.

(2) (Reserved).

Section 1704-F.4. Tobacco Settlement Fund (Reserved).

Section 1705-F.4. Judicial Computer System Augmentation Account

(Reserved).

Section 1706-F.4. Emergency Medical Services Operating Fund

(Reserved).

Section 1707-F.4. The State Stores Fund (Reserved).

Section 1708-F.4. Motor License Fund (Reserved).

Section 1709-F.4. Aviation Restricted Account (Reserved).

Section 1710-F.4. Hazardous Material Response Fund (Reserved).

Section 1711-F.4. Milk Marketing Fund (Reserved).

Section 1712-F.4. HOME Investment Trust Fund (Reserved).

Section 1713-F.4. Tuition Account Guaranteed Savings Program

Fund (Reserved).

Section 1714-F.4. Banking Fund (Reserved).

Section 1715 -F.4 . Firearm Records Check Fund (Reserved).

Section 1716 -F.4 . Ben Franklin Technology Development Authority

Fund (Reserved).

Section 1717 -F.4 . Oil and Gas Lease Fund (Reserved).

Section 1718 -F.4 . Home Improvement Account (Reserved).

Section 1719 -F.4 . Cigarette Fire Safety and Firefighter

Protection Act Enforcement Fund (Reserved).

Section 1720 -F.4 . Insurance Regulation and Oversight Fund

(Reserved).

Section 1721 -F.4 . Pennsylvania Race Horse Development

Restricted Receipts Account (Reserved).

Section 1722 -F.4 . Justice Reinvestment Fund (Reserved).

Section 1723 -F.4 . Multimodal Transportation Fund (Reserved).

Section 1724 -F.4 . State Racing Fund (Reserved).

Section 1725 -F.4 . ABLE Savings Program Fund (Reserved).

Section 1726 -F.4 . Tourism Promotion Fund (Reserved).

Section 1727-F.4. Enhanced Revenue Collection Account

(Reserved).

Section 1728 -F.4 . (Reserved).

Section 1729 -F.4 . Opioid Settlement Restricted Account

(Reserved).

Section 1730 -F.4 . COVID-19 Response Restricted Account

(Reserved).

Section 1731 -F.4 . Pennsylvania Preferred ® Trademark Licensing

2023/90AJB/HB1300A01922 - 56 -

Fund.

Notwithstanding 3 Pa.C.S. § 4616 (relating to Pennsylvania

Preferred® Trademark Licensing Fund), the Department of

Agriculture may use money deposited into the Pennsylvania

Preferred® Trademark Licensing Fund to promote one or more of

the funding objectives under 3 Pa.C.S. § 4616(c) through the

awarding of grants.

Section 1732 -F.4 . Agricultural Conservation Easement Purchase

Fund.

In addition to the uses provided in section 7.3 of the act of

June 18, 1982 (P.L.549, No.159), entitled "An act p roviding for

the administration of certain Commonwealth farmland within the

Department of Agriculture," the department may use up to a total

of $165,000 in the Agricultural Conservation Easement Purchase

Fund under section 7.1 of the act of June 18, 1982 (P.L.549,

No.159), entitled "An act providing for the administration of

certain Commonwealth farmland within the Department of

Agriculture," to issue grants not to exceed $5,000 each for

succession planning to ensure that agricultural operations

continue on land subject to agricultural conservation easements.

The department, in consultation with the State Agricultural Land

Preservation Board, shall establish eligibility criteria for

awarding grants under this section.

Section 1733 -F.4 . Restricted receipt accounts.

(a) Authority.--The Secretary of the Budget 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) Brownfields Revolving Loan Fund.

following restricted receipt accounts may be established for the

Department of Conservation and Natural Resources:

(1) Federal Aid to volunteer fire companies.

(2) Land and Water Conservation Fund Act of 1965 (Public

Law 88-578, 16 U.S.C. § 460l-4 et seq.).

(3) National Forest Reserve Allotment.

(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.

2023/90AJB/HB1300A01922 - 57 -

(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 Drug and Alcohol Programs.--The following

restricted receipt accounts may be established for the

Department of Drug and Alcohol Programs:

(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.

(4) Early Retiree Reinsurance Program.

Section 1734 -F.4 . Fund transfers.

(a) Transfer to Environmental Stewardship Fund.--From money

received under the authority of Article III of the act of March

4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, the

sum of $10,538,000 shall be transferred to the Environmental

Stewardship Fund.

(b) Applicability.--Section 1795.2-E shall not apply to

fiscal year 2023-2024.

the Medical Marijuana Program Fund, $31,900,000 shall be

transferred to the General Fund.

(d) Transfer to Surface Mining Conservation and Reclamation

Fund.--From money received under the authority of Article III of

the Tax Reform Code of 1971, the sum of $4,000,000 shall be

transferred to the Surface Mining Conservation and Reclamation

2023/90AJB/HB1300A01922 - 58 -

Fund.

ARTICLE XVII-F.5

2023-2024 RESTRICTIONS ON APPROPRIATIONS

FOR FUNDS AND ACCOUNTS

Section 1701-F.5. Applicability.

Except as specifically provided in this article, this article

applies to the General Appropriation Act of 2023.

Section 1702-F.5. 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 of 2023." The act of August 3,

2023 (P.L. , No.1A), known as the General Appropriation Act of

2023.

Section 1734-F.5. Fund transfers.

(a) Transfer within Higher Education Assistance Fund.--The

sum of $8,551,000 shall be transferred from the SciTech and GI

Bill Restricted Revenue Account in the Higher Education

Assistance Fund to the State Grants Restricted Revenue Account

in the Higher Education Assistance Fund.

(b) (Reserved).

Section 1735-F.5. (Reserved).

ARTICLE XVII-F.6

PRIOR YEAR APPROPRIATIONS

Section 1701-F.6. 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 of 2023." The act of August 3,

2023 (P.L. , No.1A), known as the General Appropriation Act of

2023.

Section 1702-F.6. (Reserved).

Section 1703-F.6. Construction with prior year appropriation

acts.

An appropriation in Part LI of the General Appropriation Act

of 2023 which is the same or similar to an appropriation in the

act of July 8, 2022 (P.L.2191, No.1A), known as the General

Appropriation Act of 2022, shall replace that appropriation.

Money which has been appropriated and expended under the General

Appropriation Act of 2022 shall be deducted from the

corresponding appropriation in Part LI of the General

Appropriation Act of 2023.

Section 21. Repeals are as follows:

(1) (Reserved).

(2) (Reserved).

(3) The General Assembly declares that the repeal under

paragraph (4) is necessary to effectuate the addition of

section 1607-T of the act.

(4) The provisions of 23 Pa.C.S. § 4351 are repealed.

(5) The General Assembly declares that the repeal under

paragraph (6) is necessary to effectuate the addition of

2023/90AJB/HB1300A01922 - 59 -

Article XVI-U of the act.

(6) Article VIII-G of the act of June 13, 1967 (P.L.31,

No.21), known as the Human Services Code, is repealed.

(6.1) The General Assembly finds that the repeal under

paragraph (6.2) is necessary to effectuate the addition of

Article XVI-W of the act.

(6.2) The act of November 24, 2015 (P.L.232, No.64),

known as the Pennsylvania Long-Term Care Council Act, is

repealed.

(7) The General Assembly finds that the repeal under

paragraph (8) is necessary to effectuate the addition of

section 1722-E(h) of the act.

(8) Section 1403-A(c)(1), (d) and (e) of the Public

School Code of 1949 are repealed.

(9) The General Assembly finds that the repeal under

paragraph (10) is necessary to effectuate the addition of

section 1723-F.3(8) of the act.

(10) Section 123(k)(2) of the Public School Code of 1949

is repealed to the extent of any inconsistency with section

1723-F.3(8) of the act.

(11) (Reserved).

(12) (Reserved).

(13) The General Assembly finds that the repeal under

paragraph (14) is necessary to effectuate the addition of

section 1723-F.3(20) of the act.

(14) Section 2608-J of the Public School Code of 1949 is

repealed.

Section 21.1. The addition of Article XVI-U of the act shall

apply retroactively to July 1, 2023.

Section 22. Continuation is as follows:

(1) The addition of Article XVI-U of the act is a

continuation of Article VIII-G of the act of June 13, 1967

(P.L.31, No.21), known as the Human Services Code. Except as

otherwise provided in the addition of Article XVI-U of the

act, all activities initiated under the Article VIII-G of the

Human Services Code shall continue and remain in full force

and effect and may be completed under the addition of Article

XVI-U of the act. Orders, regulations, rules and decisions

which were made under the Article VIII-G of the Human

Services Code and which are in effect on the effective date

of section 21(6) of this act shall remain in full force and

effect until revoked, vacated or modified under the addition

of Article XVI-U of the act. Contracts, obligations and

collective bargaining agreements entered into under Article

VIII-G of the Human Services Code are not affected nor

impaired by the repeal of the Article VIII-G of the Human

Services Code.

(2) The addition of Article XVI-W of the act is a

continuation of the act of November 24, 2015 (P.L.232,

No.64), known as the Pennsylvania Long-Term Care Council Act.

Except as otherwise provided in Article XVI-W of the act, all

2023/90AJB/HB1300A01922 - 60 -

activities initiated under the Pennsylvania Long-Term Care

Council Act shall continue and remain in full force and

effect and may be completed under Article XVI-W of the act.

Orders, regulations, rules and decisions which were made

under the Pennsylvania Long-Term Care Council Act and which

are in effect on the effective date of section 21(6.2) of

this act shall remain in full force and effect until revoked,

vacated or modified under Article XVI-W of the act.

Contracts, obligations and collective bargaining agreements

entered into under the Pennsylvania Long-Term Care Council

Act are not affected nor impaired by the repeal of the

Pennsylvania Long-Term Care Council Act.

(3) Except as specified in paragraph (4), any difference

in language between Article XVI-W of the act and the

Pennsylvania Long-Term Care Council Act is intended only to

conform to the style of the Pennsylvania Consolidated

Statutes and is not intended to change or affect the

legislative intent, judicial construction or administration

and implementation of the Pennsylvania Long-Term Care Council

Act.

(4) Paragraph (3) does not apply to the addition of

section 1602-W(b)(10)(xii) of the act.

Section 23. This act shall take effect immediately.

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