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§ 1507.1. Settlement agreements; enforcement actions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: June 22, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 1. The Fiscal Code (Refs & Annos)
Article XV. Procedure for the Disbursement of Money from the State Treasury (Refs & Annos)
Effective: June 22, 2018
72 P.S. § 1507.1
§ 1507.1. Settlement agreements; enforcement actions
Currentness
(a) Except as set forth in subsections (b) and (b.1), the following apply:
(1) Unless otherwise provided by this section or another provision of law, money received by an agency as a result of a settlement, litigation or an enforcement action shall be deemed funds of the Commonwealth and shall, upon receipt, be deposited into the General Fund.
(2) If money to pursue a settlement, litigation or enforcement action was expended by the agency from the General Fund or other fund or account established by law, those costs recovered shall be credited to the appropriation, fund or account from which the original costs were expended and used as provided by law and shall be available for expenditure in accordance with the law governing the expenditure.
(3) Amounts that exceed the actual costs of a settlement, litigation or enforcement action and are deposited in the General Fund may be redirected to the agency that was the party to the settlement, litigation or enforcement action to supplement the activities of the agency upon request of the agency and approval of the Secretary of the Budget.
(4) If there is a redirection under paragraph (3), the secretary shall provide notice of the transfer to the chair of the Appropriations Committee of the Senate and the chair of the Appropriations Committee of the House of Representatives and include a detailed determination of actual costs incurred by the agency and the identification of the associated settlement, litigation or enforcement action.
(b) Subsection (a) shall not apply as follows:
(1) The recovery of Federal money shall be disposed of in accordance with this section and applicable Federal or State law or contract.
(2) Nothing in this section shall supersede any payments, including restitution, ordered by a court.
(b.1) Notwithstanding the act of January 8, 1960 (1959 P.L. 2119, No. 787), known as the “Air Pollution Control Act,”1 or any other provision of law to the contrary, the sum of $30,409,055, received from a settlement during the 2017-2018 or 2018-2019 fiscal year, shall be deemed funds of the Commonwealth and shall, upon receipt, be deposited into the General Fund to be expended in compliance with the Commonwealth's trustee duties under section 27 of Article I of the Constitution of Pennsylvania.
(c) As used in this section, the term “agency” includes the Commonwealth and an agency or instrumentality of the Commonwealth.

Credits

1929, April 9, P.L. 343, No. 176, art. XV, § 1507.1, added 2012, July 2, P.L. 823, No. 87, § 3.1, imd. effective. Amended 2017, Oct. 30, P.L. 725, No. 44, § 3, imd. effective; 2018, June 22, P.L. 281, No. 42, § 5, imd. effective.

Footnotes

1
35 P.S. § 4001 et seq.
72 P.S. § 1507.1, PA ST 72 P.S. § 1507.1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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