Trial Engrossment of Amendment A05147 to House Bill 1940 P.N. 2779, Regular Session 2017-2018

A05147

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1940

Session of

2017

INTRODUCED BY REED, SAYLOR, DUNBAR, NELSON, DELOZIER, R. BROWN,

WARD, BERNSTINE, CUTLER, BOBACK, GREINER, A. HARRIS, FEE,

BARRAR, ROTHMAN, RYAN, LAWRENCE, MILLARD, TURZAI, PHILLIPS-

HILL, HELM, DUSH, COX, EVERETT, OBERLANDER, TOEPEL, STAATS,

KEEFER, WHEELAND, BLOOM, DOWLING, WATSON, KLUNK, MASSER,

BENNINGHOFF, GROVE AND SONNEY, DECEMBER 1, 2017

AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF

REPRESENTATIVES, AS AMENDED, DECEMBER 5, 2017

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled,

as amended, "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 revenue estimates. and

providing for duties of General Assembly.

The General Assembly finds and declares that it is the duty

of the General Assembly to, pursuant to section 13 of Article

VIII of the Constitution of Pennsylvania, pass a balanced

operating budget each year.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 618(a) of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929, is

amended to read:

Section 618. Revenue Estimates.--(a) (1) The Department of

Revenue in conjunction with the Secretary of the Budget shall

make revenue estimates for the use of the Governor in preparing

the budget with periodic revisions until the final estimate is

signed by the Governor not later than the time [he signs] the

general appropriation bill becomes law. The revenue estimates

used [to sign] in conjunction with any appropriation bill shall

show separately State revenues, Federal funds, and, if

specifically appropriated, funds from other sources.

(2) [The] If the Governor signs an appropriation bill, the

Governor shall item veto any part [of any appropriation bill]

that causes total appropriations to exceed the official REVENUE

estimate plus any unappropriated surplus.

(3) If the general appropriation bill becomes law without

the approval of the Governor and the amount appropriated in the

general appropriation bill and other appropriation bills exceeds

the official REVENUE estimate plus any unappropriated surplus,

the following shall apply:

(i) The Secretary of the Budget shall, no later than the

time that the general appropriation bill becomes law, disapprove

or reduce amounts under section 615 from the departments, boards

and commissions to which section 615 applies which cause the

total appropriations to exceed the official REVENUE estimate

plus any unappropriated surplus.

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(ii) Except as provided under subparagraph (iii), at no time

during a fiscal year when this paragraph applies may the total

amount disapproved or reduced under this paragraph be less than

the total amount disapproved or reduced under this paragraph at

the time the general appropriation bill becomes law.

(iii) During a fiscal year in which this subparagraph

applies, if a change in a statute affecting revenues and

receipts is enacted that results in a change in a revenue

estimate, the amounts disapproved or reduced under this

paragraph may be revised to account for the additional revenue.

(4) No changes in the [revenue estimates] OFFICIAL REVENUE

ESTIMATE shall be made thereafter unless changes in statutes

affecting revenues and receipts are enacted.

* * *

Section 2. The act is amended by adding a section to read:

Section 618.2. Duties of General Assembly.--(a) The General

Assembly shall pass bills raising sufficient revenue necessary

to balance the operating budget when the General Assembly passes

the general appropriation bill, other appropriation bills,

nonpreferred appropriation bills, statutory authorizations and

implementation bills. If by the first day of the fiscal year the

General Assembly has not enacted a balanced operating budget,

including bills that raise sufficient revenue as provided under

this subsection, members of the General Assembly shall not be

entitled to receive salary or reimbursement for expenses until

the balanced operating budget is enacted into law.

(b) The following shall apply:

(1) The balanced operating budget passed by the General

Assembly, consisting of the general appropriation bill, other

appropriation bills, nonpreferred appropriation bills, statutory

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authorizations and implementation bills, shall be supported by

revenues which recur annually.

(2) If the balanced operating budget proposes to use

nonrecurring revenues to pay for recurring costs, the balanced

operating budget shall contain a plan to replace the

nonrecurring revenues with recurring revenues and shall outline

in detail reductions to expenditures necessary to bring future

budgets into balance.

(3) The balanced operating budget submitted to the Governor

by the General Assembly shall include sufficient appropriations

and authorizations for:

(i) The continuation of service required under current law.

(ii) Federal mandates.

(iii) Existing contracts and multiyear commitments,

including collective bargaining agreements.

(iv) Sufficient resources to pay for increases in the cost

of services which are legally mandated.

(v) Sufficient resources to account for increased costs due

to changes in workload, caseload or enrollment in legally

mandated programs.

Section 2 3. This act shall apply to general appropriation

acts enacted after the effective date of this act.

Section 3 4. This act shall take effect immediately.

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