101 Pa. Code § 19.271

Current through Register Vol. 54, No. 49, December 7, 2024
Section 19.271 - Original enactment

AN ACT

To provide from the General Fund for the expenses of the Executive, Legislative and Judicial Departments of the Commonwealth, the public debt and for the public schools for the fiscal year July 1, 1984, to June 30, 1985, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 1984; to provide appropriations from the State Lottery Fund to the Executive Department; and to provide for the appropriation of Federal funds to the Executive and Judicial Departments of the Commonwealth and for the establishment of restricted receipts accounts for the fiscal year July 1, 1984, to June 30, 1985, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 1984.

TABLE OF CONTENTS

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

PART I.

GENERAL PROVISIONS

Section 101. Short title.-This act shall be known and may be cited as the General Appropriation Act of 1984.
Section 102. Definitions.-The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Employees." Includes all directors, superintendents, bureau or division chiefs, assistant directors, assistant superintendents, assistant chiefs, experts, scientists, engineers, surveyors, draftsmen, accountants, secretaries, auditors, inspectors, examiners, analysts, statisticians, marshals, clerks, stenographers, bookkeepers, messengers and other assistants in any department, board or commission.

"Expenses" and "maintenance." Includes all printing, binding and stationery, food and forage, materials and supplies, traveling expenses, training, motor vehicle supplies and repairs, freight, express and cartage, postage, telephones and telegraph rentals and toll charges, newspaper advertising and notices, public advertising by or through any medium (except that no public advertising shall bear a picture or likeness or personal name of any elected or appointed public official), fuel, light, heat, power and water, minor construction and renovation, repairs or reconstruction of equipment, building and facilities, rent of real estate and equipment, premiums on workmen's compensation, insurance premiums on policies of liability insurance, insurance premiums on medical payment insurance and surety bonds for volunteer workers, premiums on employee group life insurance and employee and retired employee group hospital and medical insurance, payment of Commonwealth share of social security taxes and unemployment compensation costs for State employees, the purchase of replacement or additional equipment and machinery and all other incidental costs and expenses, including payment to the Department of General Services of mileage and other charges for the use of automobiles and rental payments for permanently assigned automobiles and of expenses or costs of services incurred through the Purchasing Fund. The term "expenses" includes the medical costs for the treatment of inmates of State institutions when the inmate must be transferred to an outside hospital, but in no case shall the State institution pay more for patient care than that provided under the State medical assistance program.

Section 103. Abbreviations.-The following abbreviations when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"ADAMHSBG." Alcohol and Drug Abuse and Mental Health Services Block Grant.

"ARC." Appalachian Regional Commission.

"BG." Block grant.

"BOR." Bureau of Outdoor Recreation.

"CETA." Comprehensive Employment and Training Act.

"CSA." Community Services Administration.

"CSBG." Community Services Block Grant.

"DCPA." Defense Civil Preparedness Agency.

"DOE." Department of Energy.

"DOL." Department of Labor.

"ECIA." Educational Consolidation and Improvement Act.

"ECIBG." Education Consolidation and Improvement Block Grant.

"EDA." Economic Development Administration.

"EEOC." Equal Employment Opportunity Commission.

"EPA." Environmental Protection Agency.

"EPCA." Energy Policy and Conservation Act.

"ESEA." Elementary and Secondary Education Act.

"FDA." Food and Drug Administration.

"FDAA." Federal Disaster Assistance Administration.

"FHA." Farmers Home Administration.

"FHWA." Federal Highway Administration.

"HEA." Higher Education Act.

"HUD." Department of Housing and Urban Development.

"IPA." Intergovernmental Personnel Act.

"JSB." Jobs Stimulus Bill.

"JTPA." Job Training Partnership Act.

"LIEABG." Low-Income Energy Assistance Block Grant.

"MCHSBG." Maternal and Child Health Services Block Grant.

"MH/MR." Mental Health/Mental Retardation Services.

"NEA." National Education Association.

"NIAAA." National Institute on Alcoholism and Alcohol Abuse.

"NIC." National Institute for Corrections.

"NIDA." National Institute on Drug Abuse.

"NIE." National Institute of Education.

"NIJ." National Institutes of Justice.

"NSF." National Science Foundation.

"OOS." Oil Overcharge Settlement.

"PHHSBG." Preventive Health and Health Services Block Grant.

"SCDBG." Small Communities Development Block Grant.

"SSBG." Social Services Block Grant.

Section 104. State appropriations.-
(a) General Fund.-The following sums set forth in this act, or as much thereof as may be necessary, are hereby appropriated from the General Fund to the named agencies of the Executive, Legislative and Judicial Departments of the Commonwealth for the payment of salaries, wages or other compensation and travel expense of the duly elected or appointed officers and employees of the Commonwealth, for the payment of fees for contractual services rendered, for the purchase or rental of goods, services, printing, public advertising by or through any medium (except that no public advertising shall bear a picture or likeness or personal name of any elected or appointed public official), equipment, land and buildings and for payment of any other expenses, as provided by law or by this act, necessary for the proper conduct of the duties, functions and activities and for the purposes set forth in this act for the fiscal year beginning July 1, 1984, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 1984.
(b) Lottery Fund.-The following sums set forth in this act, or as much thereof as may be necessary, are hereby appropriated from the State Lottery Fund to the named agencies of the Executive Department of the Commonwealth for the payment of fees for contractual services rendered, for the purchase or rental of goods, services and for the payment of any other expenses, as provided by law or by this act, necessary for the proper conduct of the duties, functions and activities and for the purposes set forth in this act for the fiscal year beginning July 1, 1984, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 1984.
Section 105. Federal augmentation appropriations.-The following sums set forth in this act, or as much thereof as may be necessary, are hereby appropriated from the Federal augmentation funds to the named agencies of the Executive and Judicial Departments of the Commonwealth for the payment of the expenses of implementing and carrying out the programs stated in this act for the fiscal year beginning July 1, 1984, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 1984. Unless otherwise stated, the appropriations include any carryovers from the prior fiscal year.
Section 106. Job Training Partnership Act appropriations.-The following sums set forth in this act, or as much thereof as may be necessary, are hereby appropriated from the Job Training Partnership Act (JTPA) funds to the named agencies of the Executive Department of the Commonwealth for the payment of the expenses of implementing and carrying out the program stated in this act for the fiscal year beginning July 1, 1984.
Section 107. Jobs Stimulus Bill appropriations.-The following sums set forth in this act, or as much thereof as may be necessary, are hereby appropriated from funds available from the Federal Jobs Stimulus Bill ( Public Law 98-8) to the named agencies of the Executive Department of the Commonwealth for the purposes, and under the restrictions, for which the funds are provided for the fiscal year beginning July 1, 1984.
Section 108. Block grants.-
(a) Appropriation.-The following sums set forth in this act, or as much thereof as may be necessary, are hereby appropriated from the block grant (BG) funds to the named agencies of the Executive Department of the Commonwealth for the purposes, and under the restrictions, for which the funds are provided for the fiscal year beginning July 1, 1984.
(b) Small Communities Development Block Grant.-The Small Communities Development Block Grant (SCDBG) is to assist small cities and communities that have a high concentration of impoverished citizens and substandard housing to expand their low and moderate income housing opportunities and to meet community development needs.
(c) Community Services Block Grant.-The Community Services Block Grant (CSBG) is to provide a range of services and activities having a measurable and potentially major impact on the causes of poverty in the community or those areas of the community where poverty is a particularly acute problem. In addition, new focus may be placed on the unemployed, both old and new. Local agencies may lower their eligibility requirements for recipients to three months to allow greater flexibility to assure proper consideration of each recipient.
(d) Education Consolidation and Improvement Block Grant.-The Education Consolidation and Improvement Block Grant (ECIBG) will be used for the administration and provision of education programs in accordance with the requirements of the Omnibus Budget Reconciliation Act of 1981:
(e) Preventive Health and Health Services Block Grant.-The Preventive Health and Health Services Block Grant (PHHSBG) is for the provision of preventive health and other health services related to emergency medical comprehensive public health, hypertension, fluoridation, health education, risk reduction, home health, rape crisis and rodent control.
(f) Maternal and Child Health Services Block Grant.-The Maternal and Child Health Services Block Grant (MCHSBG) is to assure mothers and children access to quality maternal and child health services, to reduce infant mortality and the incidence of preventable disease and handicapping condition among children, provide rehabilitative services for blind and disabled individuals under the age of 16 receiving supplemental security income benefits; and providing medical services for children with crippling conditions.
(g) Alcohol and Drug Abuse and Mental Health Services Block Grant.-The Alcohol and Drug Abuse and Mental Health Services Block Grant (ADAMHSBG) will be used for the administration and provision of drug and alcohol abuse services and community mental health services in accordance with the requirements of the Omnibus Budget Reconciliation Act of 1981.
(h) Low-Income Energy Assistance Block Grant.-The Low-Income Energy Assistance Block Grant (LIEABG) is to help lessen the impact of the high cost of energy on low-income families and individuals.
(i) Social Services Block Grant.-The Social Services Block Grant (SSBG) is for the provision of social services to eligible persons.
Section 109. Oil Overcharge Settlement appropriations.-
(a) Source of funds.-In accordance with settlements of litigation brought by the United States Department of Energy against oil companies and refineries for alleged violations of the Federal petroleum price allocation regulations and the Further Continuing Appropriations Act of 1983, adopted by Congress in December 1982 (House Joint Resolution 631), $15,100,000 will be available to the Commonwealth for specific energy conservation programs through the fiscal year ending June 30, 1985.
(b) Appropriation.-The following sums set forth in this act, or as much thereof as may be necessary, are hereby appropriated from the restricted receipt account, Oil Overcharge Settlements (OOS), to the named agencies of the Executive Department of the Commonwealth for the payment of the expenses of implementing and carrying out the program stated in this act for the fiscal year July 1, 1984, to June 30, 1985.

PART II

GENERAL FUND AND FEDERAL APPROPRIATIONS

FOR 1984-1985

SUBPART A

EXECUTIVE DEPARTMENT

Section 201. Governor.-The following amounts are appropriated to the Governor:FederalState
For the Office of the Governor: including the maintenance of the Governor's Home, the expense of entertainment of official guests and members of the General Assembly and the Judiciary, participation in the Governor's Conference, the expenses of the Executive Board and the traveling expenses of persons other than employees of the Commonwealth appointed by the Governor to represent or otherwise serve the Commonwealth.
State appropriation ...3,188,000
Section 202. Executive Offices.-The following amounts are appropriated to the Executive Offices:FederalState
For the Governor's Action Center.
State appropriation ...583,000
***
For the Office of the Budget.
State appropriation ...19,258,000
The following JTPA amounts, or as much thereof as may be necessary, are hereby appropriated for general government operations:
(1) "Job Training Partnership Act-Program Accountability"-To provide accounting and auditing services for program accountability of the job training partnership.
Federal appropriation ...1,031,000
For the Office of Policy Development.
State appropriation ...827,000
The following Federal augmentation amounts, or as much thereof as may be necessary, are hereby appropriated to supplement the sum appropriated from Commonwealth revenues for administration:
(1) "EDA-Planning Assistance"-To undertake State economic development planning activities.
Federal appropriation ...68,000
***
SUBPART B LEGISLATIVE DEPARTMENT
Section 251. Senate.-The following amounts are appropriated to the Senate:FederalState
For the salaries, wages and all necessary expenses for the following purposes:
Salaries of Senators.
State appropriation ...2,200,000
***
SUBPART C JUDICIAL DEPARTMENT
Section 281. Supreme Court.-The following amounts are appropriated to the Supreme Court:FederalState
For the Supreme Court: including the salaries and expenses for the Supreme Court judges, for the office of prothonotary and for the library in the Eastern District and Western District, for the office of prothonotary in the Middle District, for criers, tipstaves, official stenographers, court officers and the law secretary of the Chief Justice in Eastern, Middle and Western Districts and, except for employees of the State Board of Law Examiners, Judicial Inquiry and Review Board, Civil Procedural Rules Committee and Criminal Procedural Rules Committee, Workmen's Compensation Insurance Premiums for all other Supreme Court employees, for the office of State reporters; including the salaries and compensation of employees and expenses of judges; including the fees for prothonotaries of the Supreme Court of the Eastern, Middle and Western Districts on assignment to judges to counties other than their own. Senior judges working a minimum number of days provided by the Supreme Court are to receive health benefits.
State appropriation ...4,226,000
PART III STATE LOTTERY FUND
Section 301. Department of Aging.-The following amounts are appropriated to the Department of Aging:FederalState
For the payment from the State Lottery Fund of grants and for the purpose of developing, operating and purchasing services for the aged and other adults, including, but not limited to, model projects, homemaking services, community care services, protective care services and counseling services. No funds from this appropriation shall be used for costs of administration by the Department of Aging.
State appropriation ...45,280,000

PART III

RESTRICTED RECEIPT ACCOUNTS

Section 401. General provisions.-The Secretary of the Budget may create the restricted receipt accounts set forth in this part for the purpose of administering Federal grants only for the purposes designated in this act during the fiscal year July 1, 1984, through June 30, 1985.
Section 402. Executive Offices.-The following restricted receipt accounts may be established for the Executive Offices:
(1) "Pennsylvania Commission on Crime and Delinquency-Juvenile Justice and Delinquency Prevention."

PART V

SPECIAL PROVISIONS FOR FEDERAL FUNDS

Section 501. General Fund repository for Federal funds.-All moneys received from the Federal Government as contributions or supplements to the departments or agencies of the Commonwealth or the programs provided in this act shall be paid into the General Fund and are hereby appropriated out of the General Fund for the purpose of the respective appropriations.
Section 502. Limitation on encumbering or spending Federal funds.-Federal funds shall be encumbered or spent only to the extent that the funds are estimated as being available during the fiscal year of the Commonwealth.
Section 503. Appropriation of prior unspent Federal funds.-Any Federal money which has been previously appropriated by the General Assembly and authorized or allocated by the Federal Government but remains unspent from prior fiscal years, and will not be renewed for fiscal year 1984-1985, is hereby appropriated. No funds from any Federal appropriation shall be used to fund the activities of the Human Resources Committee of the Cabinet.
Section 504. Subgrants between Federal fund appropriations.-With the exception of Federal money received under JTPA and SSBG, subgrants may be made between appropriations without further approval of the General Assembly. No subgrants shall be made to the Human Resources Committee of the Cabinet. The Secretary of the Budget shall submit a list of subgrants to the Chairmen of the House and Senate Appropriations Committees quarterly. No subgrant to a State agency, however, may be made from a restricted receipt account without a specific appropriation by the General Assembly.
Section 505. Utilization of emergency Federal funds.-
(a) Federal funds available for costs and damages resulting from natural disasters or civil disobedience may be added to an appropriation contained in this act or to funds appropriated or may be used for the purposes prescribed by the Federal Government.
(b) In addition to the moneys appropriated by this act, all moneys received from the Federal Government for the purpose of disaster assistance or relief shall be paid into the General Fund and are hereby appropriated out of the General Fund to the departments, boards, commissions or agencies designated by the Governor.
(c) In the event of any emergency situation in which the General Assembly cannot act in sufficient time, the Governor is authorized through executive authorization to provide up to $5,000,000 in Federal funds to alleviate the emergency situation. For the purposes of this section "emergency" is defined as any situation in which there is a chance of, or may result in, substantial human suffering.

PART VI

MISCELLANEOUS PROVISIONS

Section 601. Prior laws unaffected.-This act is not intended to be inconsistent with or to repeal any provision of any act enacted at this or any prior session of the General Assembly regulating the purchase of supplies, the ordering of printing and binding, the purchase, maintenance and use of automobiles, the method of making payments from the State Treasury for any purpose or the functioning of any administrative department, board or commission.
Section 602. Compliance with other law before funds available.-No appropriation made by this act to any department, board, commission or agency of the Executive Department shall be available unless and until the department, board, commission or agency has complied with sections 615 and 616 of the act of April 9, 1929 (P. L. 177, No. 175), known as The Administrative Code of 1929.
Section 603. Contracts prerequisite to encumbering or committing funds.-
(a) Funds for the purchase of supplies, materials and equipment shall not be deemed to be committed or encumbered until contracts covering the purchase have been entered into with the vendors.
(b) No public advertising by any Executive or Judicial Department receiving any appropriation under this act or any supplements thereto shall bear a picture or likeness or the personal name of any elected or appointed public official.
Section 604. Minority business set asides.-
(a) Each department or other instrumentality of the Commonwealth listed in Subpart A of Part II, authorized to contract for buildings, highways, commodities, equipment, supplies or services, shall report to the General Assembly all information pertinent to anticipated procurement needs at the beginning of each fiscal year and each fiscal quarter thereafter.
(b) As used in this section the term "minority business" means a minority business enterprise as defined in the act of July 22, 1974 (P. L. 598, No. 206), known as the Pennsylvania Minority Business Development Authority Act.
Section 605. Appropriation of funds from miscellaneous sources.-
(a) In addition to the amounts appropriated by this act, moneys received in payment for food and household supplies furnished to employees and other persons, except inmates, by an institution, and moneys received from the proceeds from the sale of any products of the soil, meats, livestock, timber or other materials sold by the department, shall be paid into the General Fund and are hereby appropriated out of the General Fund to the several respective institutions for the operation and maintenance of the institutions.
(b) In addition to the amounts appropriated by this act, all moneys received from any other source, except the Federal Government, as contributions for the programs provided in this act, or as payment for services or materials furnished by one institution to another, except those collections designated as revenues, shall be paid into the General Fund and are hereby appropriated out of the General Fund for the purposes of the respective appropriations.
(c) In addition to any funds specifically appropriated by this act, all moneys received by a department or agency of the Commonwealth from any other sources, except the Federal Government, as contributions or supplements to the department or agency for a program or administration of an act included in this act shall be paid into the General Fund and credited to the appropriation for that program or administration of the act.
Section 606. Lapsing of unused funds.-
(a) Except as provided otherwise in this section, that part of all appropriations in Part II unexpended, uncommitted or unencumbered as of June 30, 1985, shall automatically lapse as of that date.
(b) The appropriation in Part II to the Crime Victims Compensation Board for payment of claims shall be a continuing appropriation.
(c) The appropriations in Part II to the Department of Commerce for the various ports shall be a continuing appropriation.
(d) The appropriations in Part II to the Department of Community Affairs for housing and redevelopment assistance and enterprise development shall be a continuing appropriation.
(e) The appropriation in Part II to the Department of Education for asbestos and deferred maintenance programs shall be a continuing appropriation.
(f) The appropriation in Part II to the Department of Environmental Resources for hazardous waste control shall be a continuing appropriation.
(g) The appropriation in Part II to the Department of General Services for tort claims shall be a continuing appropriation.
(h) The appropriations in Part II to the Legislative Department shall be continuing appropriations.

PART VII

EFFECTIVE DATE

This act shall take effect July 1, 1984, or immediately, whichever is later.

101 Pa. Code § 19.271