SENATE AMENDED
PRIOR PRINTER'S NOS. 69, 550 PRINTER'S NO. 3683
No. 62 Session of 1989
INTRODUCED BY KUKOVICH, MANDERINO, ITKIN, FEE, DOMBROWSKI,
LETTERMAN, STUBAN, D. W. SNYDER, MORRIS, LaGROTTA, TRELLO,
PRESSMANN, HALUSKA, RYBAK, JOSEPHS, LAUGHLIN, MRKONIC, COY,
MAIALE, JAROLIN, ARGALL, DEMPSEY, TIGUE, HERMAN, BURD,
ROBINSON, COWELL, DIETTERICK, LEVDANSKY, BELFANTI, LASHINGER,
TANGRETTI, MARKOSEK, DeLUCA, McHALE, TRICH, WAMBACH, BLAUM,
RITTER, DALEY, MILLER, ANGSTADT, CAWLEY, REBER, GRUITZA,
KAISER, FREEMAN, E. Z. TAYLOR, McCALL, CARLSON, GIGLIOTTI,
PRESTON, PISTELLA, KASUNIC, HARPER, COLAFELLA, RAYMOND,
BELARDI, SERAFINI, BISHOP, ACOSTA AND BROUJOS,
JANUARY 23, 1989
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, AS AMENDED,
JUNE 11, 1990
AN ACT
1 Amending the act of July 1, 1985 (P.L.120, No.32), entitled "An
2 act creating a special fund in the Treasury Department for
3 use in attracting major industry into this Commonwealth;
4 establishing a procedure for the appropriation and use of
5 moneys in the fund; establishing the Tax Stabilization
6 Reserve Fund; and providing for expenditures from such
7 account," extending the use of the Sunny Day Fund moneys to <--
8 job retention FURTHER PROVIDING FOR THE DISPOSITION OF MONEYS <--
9 AVAILABLE IN THE TAX STABILIZATION RESERVE FUND.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Sections 102 and 104(b) SECTION 205 of the act of <--
13 July 1, 1985 (P.L.120, No.32), entitled "An act creating a
14 special fund in the Treasury Department for use in attracting
15 major industry into this Commonwealth; establishing a procedure
16 for the appropriation and use of moneys in the fund;
1 establishing the Tax Stabilization Reserve Fund; and providing
2 for expenditures from such account," are IS amended to read: <--
3 Section 102. Findings and declaration of policy. <--
4 (a) Findings.--It is hereby determined and declared as a
5 matter of legislative finding and intent:
6 (1) That involuntary unemployment and its resulting
7 burden of indigency falls with crushing force upon the
8 unemployed worker and upon counties, cities, boroughs and
9 other local governmental jurisdictions, reducing their tax
10 base and impairing their financial ability to support
11 education and other governmental services.
12 (2) That the problem of unemployment, and its
13 debilitating effects, has not been eliminated since the
14 increased level of the economy has not fully reached all
15 areas of this Commonwealth, nor has the economy of this
16 Commonwealth as a whole reached the level of the national
17 economy.
18 (3) That the present and prospective health, safety,
19 morals, opportunity for gainful employment and general
20 welfare of the people of this Commonwealth makes desirable,
21 as a public purpose, the promotion and development of large
22 new industrial, manufacturing or research and development
23 enterprises.
24 (4) That while the Commonwealth has recently put in
25 place the best set of programs for small business available
26 in any state, there may not be programs available which
27 have enough resources available to attract firms with large
28 numbers of new jobs available or to retain firms with jobs.
29 (b) Declaration of policy.--It is, therefore, declared to be
30 the policy of the Commonwealth to promote the health, safety,
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1 morals, right to gainful employment and general welfare of the
2 inhabitants by the creation of a special account in the Treasury
3 Department, to be known as the Sunny Day Fund, which shall exist
4 for the public purpose of alleviating unemployment by attracting
5 large industrial, manufacturing or research and development
6 plants or retaining industrial, manufacturing or research and
7 development plants into this Commonwealth.
8 Section 104. Operation of fund.
9 * * *
10 (b) Use of funds.--Moneys in the fund shall be available to
11 the Governor and the Department of Commerce in their efforts to
12 attract or retain industrial, manufacturing or research and
13 development enterprises to this Commonwealth, upon approval of
14 an appropriation bill by a vote of two-thirds of the members
15 elected to the Senate and the House of Representatives. Whenever
16 the Governor determines that money from this fund is necessary
17 to attract or retain a major enterprise to this Commonwealth, he
18 shall present a request for an appropriation, along with the
19 specifics of the total proposal and such suggested ancillary and
20 substantive legislation as may be necessary, to the chairmen of
21 the House and Senate Appropriations Committees. The General
22 Assembly may then appropriate money from the fund in the manner
23 it determines necessary to accomplish the purposes set forth in
24 the Governor's proposal. Any money appropriated according to
25 this section which is then lapsed shall return to the fund.
26 Section 2. This act shall take effect immediately.
27 SECTION 205. DISPOSITION OF FUNDS. <--
28 (A) APPROPRIATION.--
29 (1) WHENEVER THE GOVERNOR DETERMINES THAT MONEYS FROM
30 THIS FUND ARE NECESSARY TO MEET EMERGENCIES INVOLVING THE
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1 HEALTH, SAFETY OR WELFARE OF THE CITIZENS OF THIS
2 COMMONWEALTH OR TO COUNTERBALANCE DOWNTURNS OF THE ECONOMY
3 WHICH RESULT IN SIGNIFICANT UNANTICIPATED REVENUE SHORTFALLS,
4 HE SHALL PRESENT A REQUEST FOR AN APPROPRIATION ALONG WITH
5 THE SPECIFICS OF THE PROPOSAL AND SUCH SUGGESTED ANCILLARY
6 AND SUBSTANTIVE LEGISLATION AS MAY BE NECESSARY TO THE
7 CHAIRMEN OF THE SENATE AND HOUSE APPROPRIATIONS COMMITTEES.
8 THE GENERAL ASSEMBLY MAY THEN THROUGH APPROVAL OF A SEPARATE
9 APPROPRIATION BILL BY A VOTE OF TWO-THIRDS OF THE MEMBERS
10 ELECTED TO THE SENATE AND THE HOUSE OF REPRESENTATIVES
11 APPROPRIATE MONEY FROM THE FUND TO MEET THE NEEDS IDENTIFIED
12 IN THE GOVERNOR'S PROPOSAL. ANY MONEY APPROPRIATED ACCORDING
13 TO THIS SECTION WHICH HAS THEN LAPSED SHALL BE RETURNED TO
14 THE FUND.
15 (2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1),
16 WHENEVER THE ACTUAL REVENUES DEPOSITED INTO THE GENERAL FUND
17 ARE LESS THAN 98.5% OF THE CERTIFIED REVENUE ESTIMATE IN A
18 GIVEN FISCAL YEAR, THE MONEYS REMAINING IN THE TAX
19 STABILIZATION RESERVE FUND, OR THE AMOUNT OF THE REVENUE
20 SHORTFALL, WHICHEVER IS LESS, ARE HEREBY APPROPRIATED TO THE
21 STATE TREASURER FOR DEPOSIT INTO THE GENERAL FUND TO HELP
22 OFFSET THE REVENUE SHORTFALL.
23 (B) PURPOSE.--IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT
24 THESE FUNDS BE APPROPRIATED ONLY WHEN THE EMERGENCY OR DOWNTURN
25 IN THE ECONOMY CANNOT BE DEALT WITH THROUGH THE NORMAL BUDGET
26 PROCESS OR THE REVENUES DEPOSITED INTO THE GENERAL FUND FALL
27 BELOW THE CERTIFIED REVENUE ESTIMATE AND THAT THE MONEYS IN THE
28 TAX STABILIZATION RESERVE FUND NOT BE USED TO BEGIN NEW PROGRAMS
29 BUT PROVIDE FOR THE CONTINUATION OF VITAL PUBLIC PROGRAMS IN
30 DANGER OF BEING CUT OFF DUE TO FINANCIAL PROBLEMS RESULTING FROM
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1 THE ECONOMY.
2 SECTION 2. THIS ACT SHALL APPLY TO THE FISCAL YEAR BEGINNING
3 JULY 1, 1989, AND TO EACH FISCAL YEAR THEREAFTER.
4 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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