Please wait while the document is loaded.

A02262
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
826
Session of
2015
INTRODUCED BY GINGRICH, CUTLER, HENNESSEY, MACKENZIE, METZGAR,
MILLARD, REGAN, DUNBAR, KNOWLES, BLOOM, RAPP, HEFFLEY,
KAUFFMAN, BAKER, JAMES, TOEPEL, MARSICO, GRELL, PEIFER,
PICKETT, MAHER, MURT, WATSON, WARD, GROVE, GABLER, PHILLIPS-
HILL, LAWRENCE AND MOUL, MARCH 24, 2015
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 17, 2015
AN ACT
Amending Titles 45 (Legal Notices) and 71 (State Government) of
the Pennsylvania Consolidated Statutes, in general
provisions, requiring executive orders to have a fiscal note;
IN EFFECTIVENESS OF DOCUMENTS, FURTHER PROVIDING FOR
EFFECTIVE DATE OF DOCUMENTS; in Independent Fiscal Office,
requiring the Independent Fiscal Office to prepare fiscal
notes for executive orders; and making an inconsistent repeal
of certain provisions of The Administrative Code of 1929.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 45 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 510. Fiscal note.
Notwithstanding any other provision of law, each executive
(1) Notwithstanding any other provision of law, each
executive order of the Governor which is general and
permanent in nature shall require a fiscal note.
(2) Notwithstanding any other provision of law,
regulation or rule to the contrary, any proposed order of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
court establishing a State or local rule of court which
projects or proposes an increase or decrease in Commonwealth
revenue or expenditures for the unified judicial system shall
require a fiscal analysis prior to its adoption by the
Supreme Court.
SECTION 1.1. SECTION 903 OF TITLE 45 IS AMENDED TO READ:
ยง 903. EFFECTIVE DATE OF DOCUMENTS.
[NO] (A) GENERAL RULE.--EXCEPT AS PROVIDED UNDER SUBSECTION
(B), NO OTHERWISE VALID DOCUMENT WHICH IS REQUIRED BY OR
PURSUANT TO THIS PART OR BY ANY OTHER PROVISION OF LAW TO BE
PUBLISHED UNDER THIS PART, SHALL BE VALID AS AGAINST ANY PERSON
WHO HAS NOT HAD ACTUAL KNOWLEDGE THEREOF UNTIL SUCH PUBLICATION
HAS BEEN EFFECTED. PUBLICATION SHALL BE DEEMED TO HAVE BEEN
EFFECTED UPON THE DEPOSIT OF THE BULLETIN OR THE PERMANENT
SUPPLEMENT TO THE CODE CONTAINING SUCH DOCUMENT IN THE UNITED
STATES MAIL FOR DISTRIBUTION. THE ISSUE DATE OF THE BULLETIN AND
OF THE PERMANENT SUPPLEMENT TO THE CODE SHALL BE THE DAY OF SUCH
DEPOSIT, AND, IN THE CASE OF THE BULLETIN, SUCH DATE SHALL BE
INDICATED PROMINENTLY UPON THE FIRST PAGE OF EACH ISSUE THEREOF.
(B) EXECUTIVE ORDER.--N O OTHERWISE VALID EXECUTIVE ORDER OF
THE GOVERNOR WHICH IS GENERAL AND PERMANENT IN NATURE SHALL BE
VALID AS AGAINST ANY PERSON UNTIL 60 DAYS AFTER THE PUBLICATION
HAS BEEN EFFECTED UNDER THE PROVISIONS OF THIS TITLE.
Section 2. Section 4104(a) of Title 71 is amended by adding
a paragraph paragraphs to read:
ยง 4104. Duties of office.
(a) Mandatory.--The office shall:
* * *
(8) Notwithstanding any other provision of law, prepare
a fiscal note for each executive order of the Governor which
A02262 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
is general and permanent in nature. The fiscal note shall
state whether the proposed action or procedure causes a loss
of revenue or an increase in the cost of programs to the
Commonwealth or its political subdivisions. The fiscal note
shall be published in the Pennsylvania Bulletin and the
Pennsylvania Code at the same time the executive order is
published. The fiscal note shall provide the following
information:
(i) The designation of the fund out of which the
appropriation providing for expenditures under the action
or procedure shall be made.
(ii) The probable cost for the fiscal year the
program is implemented.
(iii) A projected cost estimate of the program for
each of the five succeeding fiscal years.
(iv) The fiscal history of the program for which
expenditures are to be made.
(v) The probable loss of revenue for the fiscal year
of its implementation.
(vi) A projected loss of revenue from the program
for each of the five succeeding fiscal years.
(vii) The line item, if any, of the General
Appropriation Act or other appropriation act out of which
expenditures or losses of Commonwealth funds shall occur
as a result of the action or procedure.
(viii) The recommendation, if any, of the Secretary
of the Budget OFFICE and the reasons for the
recommendation.
(9) Notwithstanding any provision of law, regulation or
rule to the contrary, beginning January 1, 2016, and if
A02262 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
requested by a member of the Judiciary Committee of the
Senate or a member of the Judiciary Committee of the House of
Representatives, prepare a fiscal analysis for each proposed
State or local rule of court as proposed by the Supreme Court
of the Commonwealth which projects or proposes an increase or
decrease in Commonwealth expenditures for operations of the
unified judicial system. The fiscal analysis shall be
published in the Pennsylvania Bulletin and shall include, but
not be limited to, an analysis of the following:
(i) Whether the proposed court rule would increase
or decrease the cost of administration of justice for the
unified judicial system.
(ii) The effect the proposed rule would have on the
administration of justice.
(iii) Any other financial data or information the
office deems appropriate to determine the impact of the
proposed rule on Commonwealth revenue and expenditures of
the unified judicial system.
(iv) Any projected cost savings or increases that
may result from adoption and implementation of the
proposed rule, if any.
(v) Projected return on investment that may result
from adoption and implementation of the proposed rule.
(vi) An estimate of the fiscal impact of the
proposed rule on Commonwealth revenue.
* * *
Section 3. Section 612 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, is repealed
insofar as it is inconsistent with the addition of 71 Pa.C.S ยง
4104(a)(8).
A02262 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 4. This act shall take effect in 60 days.
A02262 - 5 -
1