PRINTER'S NO. 2847
No. 2071 Session of 2005
INTRODUCED BY SCHRODER, ARMSTRONG, BARRAR, BEYER, CLYMER,
CORRIGAN, CREIGHTON, DENLINGER, GEIST, HARPER, HENNESSEY,
HERSHEY, KAUFFMAN, MELIO, MUSTIO, NAILOR, PYLE, REICHLEY,
ROHRER, RUBLEY AND WILT, OCTOBER 17, 2005
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 17, 2005
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for annual budget,
6 advertising and public hearing in school districts of the
7 first class.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 664 of the act of March 10, 1949 (P.L.30,
11 No.14), known as the Public School Code of 1949, is amended to
12 read:
13 Section 664. Annual Budget; Advertising; Public Hearing.--
14 (a) The board of public education of each school district of
15 the first class shall, annually, at [or before the time of
16 levying the annual school taxes,] least thirty days prior to the
17 adoption of the annual budget, prepare an approximate estimate
18 of the amount of funds that will be required by the school
19 district in its several departments for the following fiscal
1 year. Such annual estimate shall be apportioned to the several
2 classes of expenditures of the districts as the board of public
3 education thereof may determine. The total amount of such
4 estimate shall not exceed the amount of funds, including the
5 proposed annual tax levy and State appropriation, available for
6 school purposes in the district. The annual estimates shall be
7 properly certified to the school controller of the district by
8 the secretary of the board.
9 (b) (1) The proposed budget in the format required by the
10 Department of Education, all proposed line item expenditures,
11 and a list of the several classes of expenditures and the types
12 of expenditures included under each class shall be printed, or
13 otherwise made available for public inspection and duplication
14 to all persons who may interest themselves, at least fifteen
15 days prior to the date set for the adoption of the budget. The
16 board of public education shall, at least fifteen days prior to
17 the time final action is taken on any budget, publish, by
18 advertisement at least once in two newspapers of general
19 circulation printed in the municipality in which such school
20 district is located, notice that such proposed budget has been
21 prepared and is open to public inspection and duplication at the
22 office of the board of public education. Such advertisement
23 shall include a notice of public hearing on the proposed budget,
24 scheduled for at least ten days before final action is taken
25 upon any budget.
26 (2) Fees for duplication under this subsection by
27 photocopying, printing from electronic media or microfilm,
28 copying onto electronic media, transmission by facsimile or
29 other electronic means and other means of duplication must be
30 reasonable and based on prevailing fees for comparable
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1 duplication services provided by local business entities.
2 (3) An agency or public official who violates this
3 subsection with the intent and purpose of violating this
4 subsection commits a summary offense subject to prosecution by
5 the Attorney General or the appropriate district attorney and
6 shall, upon conviction, be sentenced to pay a fine of not more
7 than three hundred dollars ($300) per incident plus costs of
8 prosecution.
9 (4) For the purposes of this subsection, "public official"
10 shall mean a member of the Board of Public Education, chief
11 financial officer, superintendent or other school official
12 empowered by the Board of Public Education to oversee the
13 creation and enactment of the annual budget of the district.
14 Section 2. This act shall take effect July 1, 2005, or
15 immediately, whichever is later.
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