SENATE AMENDED
PRIOR PRINTER'S NOS. 4329, 4566 PRINTER'S NO. 4684
No. 2860 Session of 2002
INTRODUCED BY KENNEY AND GORDNER, SEPTEMBER 26, 2002
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 25, 2002
AN ACT
1 Amending the act of June 26, 2001 (P.L.755, No.77), entitled "An
2 act establishing a special fund and account for money
3 received by the Commonwealth from the Master Settlement
4 Agreement with tobacco manufacturers; providing for home and
5 community-based care, for tobacco use prevention and
6 cessation efforts, for Commonwealth universal research
7 enhancement, for hospital uncompensated care, for health
8 investment insurance, for medical assistance for workers with
9 disabilities, for regional biotechnology research centers,
10 for the HealthLink Program, for community-based health care
11 assistance programs, for PACE reinstatement and PACENET
12 expansion, for medical education loan assistance and for
13 percentage allocation and appropriation of moneys," FURTHER <--
14 PROVIDING FOR UNIVERSAL RESEARCH ENHANCEMENT DEFINITIONS AND
15 FOR THE TOBACCO SETTLEMENT INVESTMENT BOARD; AND extending
16 eligibility for PACE and PACENET.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 2306 of the act of June 26, 2001 <--
20 (P.L.755, No.77), known as the Tobacco Settlement Act, is
21 amended to read:
22 Section 2306. PACE reinstatement.
23 Notwithstanding any other provision of law to the contrary,
1 persons who, as of December 31, [2000] 2002, were enrolled in <--
2 the PACE program established pursuant to the act of August 14,
3 1991 (P.L.342, No.36), known as the former Lottery Fund
4 Preservation Act, shall remain eligible for the PACE program if
5 the maximum income limit is exceeded due solely to a Social
6 Security cost-of-living adjustment. Any person whose PACE
7 eligibility has been terminated for this cause shall be
8 retroactively reinstated commencing on the effective date of
9 this section. [Eligibility in the PACE program pursuant to this
10 section shall expire on December 31, 2002.]
11 SECTION 1. SECTION 304(A) OF THE ACT OF JUNE 26, 2001 <--
12 (P.L.755, NO.77), KNOWN AS THE TOBACCO SETTLEMENT ACT, IS
13 AMENDED TO READ:
14 SECTION 304. TOBACCO SETTLEMENT INVESTMENT BOARD.
15 (A) ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED THE TOBACCO
16 SETTLEMENT INVESTMENT BOARD, CONSISTING OF [11] 9 MEMBERS AS
17 FOLLOWS: THE GOVERNOR OR A DESIGNEE; THE SECRETARY OF THE
18 BUDGET; [THE STATE TREASURER OR A DESIGNEE;] ONE MEMBER
19 APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE
20 MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE; ONE
21 MEMBER APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
22 AND ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF
23 REPRESENTATIVES; AND THREE MEMBERS APPOINTED BY THE GOVERNOR[;
24 AND ONE MEMBER APPOINTED BY THE STATE TREASURER]. LEGISLATIVE
25 APPOINTMENTS SHALL SERVE AT THE PLEASURE OF THE APPOINTING
26 AUTHORITY. OTHER APPOINTED MEMBERS SHALL SERVE FOR A TERM OF
27 FOUR YEARS AND UNTIL A SUCCESSOR IS APPOINTED. MEMBERS OF THE
28 BOARD SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE REIMBURSED
29 FOR ACTUAL AND REASONABLE EXPENSES INCURRED IN THE PERFORMANCE
30 OF THEIR OFFICIAL DUTIES. THE GOVERNOR SHALL SELECT ONE MEMBER
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1 AS CHAIRPERSON, AND THE MEMBERS OF THE BOARD SHALL SELECT ONE
2 MEMBER AS SECRETARY.
3 * * *
4 SECTION 2. THE DEFINITION OF "INFRASTRUCTURE" IN SECTION 902
5 OF THE ACT IS AMENDED TO READ:
6 SECTION 902. DEFINITIONS.
7 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
8 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
9 CONTEXT CLEARLY INDICATES OTHERWISE:
10 * * *
11 "INFRASTRUCTURE." [EQUIPMENT,] OFFICE EQUIPMENT AND
12 SUPPLIES, NONPROFESSIONAL PERSONNEL, LABORATORY OR BUILDING
13 CONSTRUCTION OR RENOVATIONS, [OR THE DEVELOPMENT, ACQUISITION OR
14 MAINTENANCE OF TECHNOLOGY, INCLUDING TRAINING,] USED TO CONDUCT
15 RESEARCH.
16 * * *
17 Section 2 3. The act is amended by adding a section to read: <--
18 Section 2306.1. PACENET reinstatement. <--
19 Notwithstanding any other provision of law to the contrary,
20 persons who, as of December 31, 2001, were enrolled in the
21 PACENET program established pursuant to section 519 of the act
22 of August 26, 1971 (P.L.351, No.91), known as the State Lottery
23 Law, shall remain eligible for the PACENET program if the
24 maximum income limit is exceeded due solely to a Social Security
25 cost-of-living adjustment. Any person whose PACENET eligibility
26 has been terminated for this cause shall be retroactively
27 reinstated commencing on the effective date of this section.
28 SECTION 2306.1. PACE AND PACENET REINSTATEMENT. <--
29 (A) PACE.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
30 CONTRARY, PERSONS WHO, AS OF DECEMBER 31, 2002, ARE ENROLLED IN
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1 THE PACE PROGRAM PROVIDED FOR PURSUANT TO CHAPTER 5 OF THE ACT
2 OF AUGUST 26, 1971 (P.L.351, NO.91), KNOWN AS THE STATE LOTTERY
3 LAW, SHALL REMAIN ELIGIBLE FOR THE PACE PROGRAM IF THE MAXIMUM
4 INCOME LIMIT IS EXCEEDED DUE SOLELY TO A SOCIAL SECURITY COST-
5 OF-LIVING ADJUSTMENT. ELIGIBILITY IN THE PACE PROGRAM PURSUANT
6 TO THIS SECTION SHALL EXPIRE ON DECEMBER 31, 2003.
7 (B) PACENET.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
8 THE CONTRARY, PERSONS WHO, AS OF DECEMBER 31, 2002, ARE ENROLLED
9 IN THE PACENET PROGRAM ESTABLISHED PURSUANT TO SECTION 519 OF
10 THE STATE LOTTERY LAW, SHALL REMAIN ELIGIBLE FOR THE PACENET
11 PROGRAM IF THE MAXIMUM INCOME LIMIT IS EXCEEDED DUE SOLELY TO A
12 SOCIAL SECURITY COST-OF-LIVING ADJUSTMENT. ELIGIBILITY IN THE
13 PACENET PROGRAM PURSUANT TO THIS SECTION SHALL EXPIRE ON
14 DECEMBER 31, 2003.
15 Section 3 4. This act shall take effect immediately. <--
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