PRINTER'S NO. 1641
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
920
Session of
2019
INTRODUCED BY SAYLOR, BARRAR, BERNSTINE, BROOKS, BROWN, SCHLEGEL
CULVER, DUNBAR, EMRICK, FEE, GLEIM, GREINER, GROVE, HAHN,
IRVIN, JAMES, KAUFFMAN, KEEFER, MENTZER, METCALFE, MILLARD,
MOUL, OBERLANDER, PICKETT, ROTHMAN, RYAN, STRUZZI, TOEPEL,
WHEELAND, ZIMMERMAN AND GILLEN, MAY 1, 2019
REFERRED TO COMMITTEE ON APPROPRIATIONS, MAY 1, 2019
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in Commonwealth budget procedures, further
providing for lapsing of funds.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 621(m) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, is
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amended to read:
Section 621. Lapsing of Funds.--* * *
(m) The Secretary of the Budget [shall have the power to
waive any of the provisions included in section 621] may waive
subsections (c), (d), (e), (f), (h), (i), (j) and (l) upon
written request of an agency justifying an exception to these
provisions which is [in the best interests of the Commonwealth.]
necessary for the prudent management of the Commonwealth's
budget in accordance with the following:
(1) When the Secretary of the Budget decides to approve an
agency request for a waiver of these provisions, he shall submit
the agency request along with his own written analysis and
justification for the waiver of these provisions to the
respective Chairmen of the Majority and Minority Appropriations
Committees in the House of Representatives and the Senate
allowing a reasonable time for their review and comment. The
Secretary of the Budget shall also submit the written analysis
and justification to the Independent Fiscal Office and members
of the General Assembly.
(2) The submission under paragraph (1) shall include all of
the following:
(i) The specific amount, appropriation and fiscal year that
the money was appropriated which is the subject of the waiver.
(ii) The provision of this section requested to be waived.
(iii) A description of the purpose of the waiver and how
granting the waiver is necessary for the prudent management of
the Commonwealth's budget.
(iv) The contract number or other identifying information
for a contract submitted under Chapter 17 of the act of February
14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law," if
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applicable.
(3) Amounts subject to a waiver under this subsection may
not be used for the creation of a new or expanded program or
initiative.
(4) A waiver under this subsection shall expire on the first
day of the fiscal year following the year in which the waiver
was granted.
(5) No waiver may be granted for amounts appropriated prior
to the two fiscal years preceding the fiscal year in which the
waiver is requested.
Section 2. The amendment of section 621(m) of the act shall
apply to waivers approved on or after the effective date of this
act.
Section 3. This act shall take effect immediately.
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