SB 790 — An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, in additional special funds, establishing the First Chance Trust Fund.

PRIOR PRINTER'S NO.

1071 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

7901163 2017THE INTRODUCEDGENERAL BYASSEMBLY HUGHES,OF BROWNE,PENNSYLVANIA COSTA,SENATE ALLOWAY,BILL GREENLEAFSession AND RESCHENTHALER, JULY 6, 2017 REFERRED TO JUDICIARY, JULY 6, 2017 AN ACT Amending the act of AprilNo. 9, 1929 (P.L.343, No.176), entitled "An act relating to the finances of the State government;

providing790 for2017 theINTRODUCED settlement,BY assessment,HUGHES, collection,BROWNE, andCOSTA, lienALLOWAY, ofGREENLEAF, taxes,RESCHENTHALER, bonus,FONTANA, andSTEFANO, allBOSCOLA, otherYUDICHAK, accountsWHITE, dueBAKER, theLEACH, Commonwealth,TARTAGLIONE theAND collectionSCHWANK, andJULY recovery6, of2017 feesSENATOR andGREENLEAF, otherJUDICIARY, moneyAS orAMENDED, propertySEPTEMBER due19, or2017 belongingAN toACT theAmending Commonwealth, or any agency thereof, including escheated property and the proceedsact of itsApril sale,9, the1929 custody(P.L.343, andNo.176), disbursemententitled or"An otheract dispositionrelating of funds and securities belonging to or in the possessionfinances of the Commonwealth,State andgovernment; 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 moneys payable to the Commonwealth, or any agency thereof,g 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;

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 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;

The ARTICLE XVII-A.1 OF THE act of April 9, 1929 <-- (P.L.343, No.176), known as The Fiscal Code, is amended by adding a subarticle to read:

SUBARTICLE F FIRST CHANCE TRUST FUND SectionSECTION 1751-A.1.

INTENT.

<-- THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:

(1) AT-RISK YOUTH HAVE ENGAGED IN OR ARE AT RISK OF ENGAGING IN CONDUCT THAT CAN BE A PRECURSOR TO DROPPING OUT OF SCHOOL, ENGAGING IN CRIMINAL BEHAVIOR, ACQUIRING A LOW- PAYING JOB AND BEING UNEMPLOYED.

(2) PROVIDING MORE OR BETTER OPPORTUNITIES FOR AT-RISK YOUTH AND LEADING THEM AWAY FROM NEGATIVE SOCIAL ACTIVITIES WILL RESULT IN BETTER OUTCOMES AND HELP PREVENT NEGATIVE RESULTS.

(3) THIS SUBARTICLE IS INTENDED TO PROVIDE AT-RISK YOUTH WITH CONSTRUCTIVE OPPORTUNITIES AND OPTIONS.

Section 1751-A.1 1752-A.1.

<-- 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:

20170SB0790PN1163 - 2 - "Department." The Department of Corrections of the Commonwealth.

"Fund." The First Chance Trust Fund established under section 1752-A.1.1752-A.1 1753-A.1.

<-- "Program." An evidence-based or outcome-based program for children who meet the eligibility requirements determined by the commission, aimed at reducing risk factors and producing positive outcomes, which may include mentoring, individual counseling and therapeutic services and family-strengthening activities.

20170SB0790PN1071 - 2 - (1) The students reside within this Commonwealth and attend an educational or vocational training institution located in this Commonwealth.

Section 1752-A.1.1752-A.1 1753-A.1.

<-- The First Chance Trust Fund is established as a restricted account in the General Fund.

Section 1753-A.1.1753-A.1 1754-A.1.

<-- (a) Source of revenue.--The fund shall include revenues from the following:

(1) Contributions from selected contractors of designated contracts as specified under section 1754-A.1.1754-A.1 <-- 1755-A.1.

<-- (2) Grants, gifts, donations and other payments from an <-- 20170SB0790PN1163 - 3 - individual, a person, a business entity, a nonprofit entity <-- or EXCEPT FOR a government entity.

<-- (3) Money appropriated into the fund.

(1) Establishing and operating a scholarship program for students in those regions of this Commonwealth which have statistically higher high school dropout rates oror, <-- incarceration rates OR HIGH CRIME RATES as determined by the <-- commission.

(2) Providing grants to programs that benefit younger <-- individuals CHILDREN in those regions of this Commonwealth <-- which have 20170SB0790PN1071 - 3 - statistically higher high school dropout rates oror, <-- incarceration rates OR HIGH CRIME RATES as determined by the <-- commission.

(d) Contributions.--The commission may solicit and accept gifts, donations, legacies and other revenues for deposit into the fund from a person oror, EXCEPT FOR A government entity.

<-- (e) Operation.--The following apply:

(1) The commission shall adopt a statement of policy for <-- the maintenance and use of the fund within 60 days of the effective date of this section.

20170SB0790PN1163 - 4 - (ii) Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.

(3) AT A MINIMUM, THE STATEMENT OF POLICY SHALL:

<-- (I) IDENTIFY RISK FACTORS THAT LEAD TO CRIMINAL BEHAVIOR FOR CHILDREN AND STUDENTS IN REGIONS OF THIS COMMONWEALTH WHICH HAVE STATISTICALLY HIGHER HIGH SCHOOL DROPOUT RATES, HIGH INCARCERATION RATES OR ARE IN AREAS OF HIGH CRIME, WHICH SHALL BE USED BY THE COMMISSION IN DETERMINING ELIGIBILITY FOR ALLOCATION OF FUNDS.

(II) PROVIDE FOR THE MAINTENANCE AND USE OF THE FUND.

(4) NO LESS THAN ONCE A YEAR, THE COMMISSION SHALL REVIEW THE STATEMENT OF POLICY.

20170SB0790PN1071 - 4 - (1) The fund's revenues and expenditures in the prior fiscal year.

(2) The number of academic scholarships awarded and the 20170SB0790PN1163 - 5 - name and the county of residence of the recipients of academic scholarships.

Section 1754-A.1.1754-A.1 1755-A.1.

<-- (a) Department procurement.--The following apply:

§ 515 (relating to sole source procurement), if the contract dollar threshold is expected to exceed $5,000,000 annually, that the selected contractor contribute the equivalent value of 1% of the annual contract amount to the fund no later than June 30 of any fiscal year when the 20170SB0790PN1071 - 5 - contract is in effect.