SENATE AMENDED
PRIOR PRINTER'S NO. 701 PRINTER'S NO. 2218
No. 628 Session of 2005
INTRODUCED BY SCHRODER, HENNESSEY, HERSHEY, ROSS, ARMSTRONG,
BARRAR, CALTAGIRONE, CIVERA, CLYMER, CRAHALLA, CREIGHTON,
DeWEESE, FORCIER, GEIST, GINGRICH, M. KELLER, KILLION, LEH,
McCALL, METCALFE, MUSTIO, PALLONE, REICHLEY, ROHRER,
SCAVELLO, STERN, E. Z. TAYLOR, THOMAS, WHEATLEY, WILT,
YOUNGBLOOD AND BENNINGHOFF, FEBRUARY 16, 2005
SENATOR RHOADES, EDUCATION, IN SENATE, AS AMENDED, JUNE 14, 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 prescribing a penalty; and making an editorial change.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 687(a) of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949, is
11 amended to read:
12 Section 687. Annual Budget; Additional or Increased
13 Appropriations; Transfer of Funds.--(a) (1) The board of
14 school directors of each school district of the second, third,
15 or fourth class shall, annually, at least thirty (30) days prior
16 to the adoption of the annual budget, prepare a proposed budget
17 of the amount of funds that will be required by the school
1 district in its several departments for the following fiscal
2 year. Such proposed budget shall be prepared on a uniform form,
3 prepared and furnished by the Department of [Public Instruction] <--
4 Education, and shall be apportioned to the several classes of
5 expenditures of the district as the board of school directors
6 thereof may determine.] EDUCATION. THE UNIFORM FORM SHALL <--
7 REQUIRE IDENTIFICATION OF SPECIFIC FUNCTION, SUBFUNCTION AND
8 MAJOR OBJECT OF EXPENDITURE. ON THE DATE OF ADOPTION OF THE
9 PROPOSED BUDGET REQUIRED UNDER THIS SECTION, THE PRESIDENT OF
10 THE BOARD OF SCHOOL DIRECTORS SHALL CERTIFY TO THE DEPARTMENT OF
11 EDUCATION THAT THE PROPOSED BUDGET HAS BEEN PREPARED, PRESENTED
12 AND WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION USING THE
13 UNIFORM FORM PREPARED AND FURNISHED BY THE DEPARTMENT OF
14 EDUCATION. THE CERTIFICATION SHALL BE IN A FORM AND MANNER AS
15 REQUIRED BY THE DEPARTMENT OF EDUCATION. FINAL ACTION SHALL NOT
16 BE TAKEN ON ANY PROPOSED BUDGET THAT HAS NOT BEEN PREPARED,
17 PRESENTED AND MADE AVAILABLE FOR PUBLIC INSPECTION USING THE
18 UNIFORM FORM PREPARED AND FURNISHED BY THE DEPARTMENT OF
19 EDUCATION. Final action shall not be taken on any proposed
20 budget[,] in which the estimated expenditures exceed two <--
21 thousand dollars ($2000)[,] until after ten (10) days' public <--
22 notice. Nothing in this act shall be construed to prevent any
23 school district[,] whose total estimated expenditures do not <--
24 exceed two thousand dollars ($2000)[,] from holding a public <--
25 hearing.
26 (2) (i) The proposed budget in the format, ON THE UNIFORM <--
27 FORM required by the Department of Education, all proposed line <--
28 item expenditures, and a list of the several classes of
29 expenditures and the types of expenditures included under each
30 class shall be printed[,] or otherwise made available for public <--
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1 inspection and duplication to all persons [who may interest <--
2 themselves,] AND SHALL BE MADE AVAILABLE FOR DUPLICATION TO ANY <--
3 PERSON, ON REQUEST, at least twenty (20) days prior to the date
4 set for the adoption of the budget.
5 (ii) Fees for duplication under this paragraph by
6 photocopying, printing from electronic media or microfilm,
7 copying onto electronic media, transmission by facsimile or
8 other electronic means and other means of duplication must be
9 reasonable and based on prevailing fees for comparable
10 duplication services provided by local business entities.
11 (iii) An agency or public official who violates this <--
12 paragraph with the intent and purpose of violating this
13 paragraph commits a summary offense subject to prosecution by
14 the Attorney General or the appropriate district attorney and
15 shall, upon conviction, be sentenced to pay a fine of not more
16 than $300 per incident plus costs of prosecution.
17 (iv) For the purposes of this paragraph, "public official"
18 shall mean a member of the school board of directors, chief
19 financial officer, superintendent or any other school official
20 empowered by the board of directors to oversee the creation and
21 enactment of the annual budget of the district.
22 * * *
23 Section 2. This act shall take effect in 30 60 days. <--
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