HOUSE AMENDED PRIOR PRINTER'S NOS. 1930, 2044 PRINTER'S NO. 2068
No. 1542 Session of 1976
INTRODUCED BY CIANFRANI, JUNE 1, 1976
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 16, 1976
AN ACT 1 Relating to the fiscal affairs of the Commonwealth concerning 2 duties of the Governor, the Secretary of Revenue and the 3 Budget Secretary, with respect to the submission of and 4 signing the budget for any fiscal year; and, after a budget 5 is enacted, regulating the issuance of warrants by the State 6 Treasurer for certain requisitioned funds and imposing duties 7 on persons authorized by law to issue requisitions for the 8 payment of moneys from the State Treasury; AND PRESCRIBING <-- 9 THAT FEDERAL FUNDS RECEIVED BY THE COMMONWEALTH SHALL BE 10 DEPOSITED IN THE GENERAL FUND ACCOUNT WITH CERTAIN 11 EXCEPTIONS. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Any person authorized by law to issue 15 requisitions for the payment of moneys from the State Treasury 16 shall, when submitting any such requisition to the State 17 Treasury, indicate thereon whether any of the funds so requested 18 were derived, in whole or in part, from Federal funds. 19 Section 2. Any person authorized by law to issue 20 requisitions for the payment of moneys from the State Treasury 21 shall, when submitting any such requisition to the State 22 Treasurer, indicate thereon whether any of the funds so
1 requested will be used, directly or indirectly, as matching 2 funds to Federal funds. 3 Section 3. The State Treasurer is hereby specifically 4 prohibited from issuing any warrant for requisitioned funds 5 which were derived, in whole or in part, from Federal funds 6 unless such funds have been specifically appropriated by an act 7 of the General Assembly. 8 Section 4. The State Treasurer is hereby specifically 9 prohibited from issuing any warrants for requisitioned funds 10 which will be used, directly or indirectly, as matching funds to 11 Federal funds unless such Federal funds have been specifically 12 appropriated by an act of the General Assembly. 13 SECTION 5. EXCEPT AS MAY BE HEREINAFTER PROVIDED IN THIS <-- 14 SECTION, NO FEDERAL FUNDS, WHETHER DESIGNATED AS GRANTS, 15 AUGMENTATIONS, CREDITS OR OTHERWISE, RECEIVED FROM THE FEDERAL 16 GOVERNMENT IN ANY FISCAL YEAR SHALL, BY EXECUTIVE ORDER OF THE 17 GOVERNOR OR BY ANY OTHER EXECUTIVE ACTION, BE DEPOSITED IN OR 18 DESIGNATED AS A SPECIAL OR RESTRICTED FUND ACCOUNT, SEPARATE AND 19 DISTINCT FROM THE GENERAL FUND ACCOUNT. ALL SUCH FEDERAL FUNDS 20 SHALL BE DEPOSITED IN AND CREDITED TO THE GENERAL FUND ACCOUNT, 21 BE CONTAINED IN THE BUDGET AS HEREINAFTER PROVIDED, AND BE 22 AVAILABLE FOR APPROPRIATION BY THE GENERAL ASSEMBLY AS PART OF 23 ITS OPERATING BUDGET, EXCEPT THAT SUCH FEDERAL FUNDS NEED NOT BE 24 DEPOSITED IN NOR DISBURSED BY APPROPRIATION FROM THE GENERAL 25 FUND ACCOUNT UNDER THE FOLLOWING LIMITED STATUTORY 26 CIRCUMSTANCES. IF THE GENERAL ASSEMBLY HAS BY STATUTORY 27 ENACTMENT CREATED A SPECIAL FUND OR RESTRICTED RECEIPT ACCOUNT 28 AND HAS SPECIFICALLY PROVIDED THEREIN FOR AN EXCLUSIVE, SPECIAL 29 PURPOSE OR PURPOSES FOR WHICH FEDERAL FUNDS DEPOSITED IN SUCH 30 SPECIAL FUND OR RESTRICTED RECEIPT ACCOUNT CAN ONLY BE USED, 19760S1542B2068 - 2 -
1 THEN UNDER SUCH STATUTORY CIRCUMSTANCES, FEDERAL FUNDS RECEIVED
2 WHICH ARE SPECIFICALLY AND EXCLUSIVELY EAR-MARKED FOR SUCH
3 GENERAL ASSEMBLY DETERMINED SPECIAL FUND OR RESTRICTED RECEIPT
4 PURPOSE OR PURPOSES MAY BE DEPOSITED IN SUCH STATUTORILY CREATED
5 SPECIAL FUND OR RESTRICTED RECEIPT ACCOUNT. AND, WITHOUT FURTHER
6 STATUTORY APPROPRIATION BEING REQUIRED, CAN BE USED SOLELY AND
7 EXCLUSIVELY FOR SUCH SPECIFIC STATUTORY SPECIAL FUND OR
8 RESTRICTED RECEIPT PURPOSE OR PURPOSES. BUT, UNDER NO
9 CIRCUMSTANCES SHALL FEDERAL FUNDS RECEIVED AND DEPOSITED IN SUCH
10 STATUTORILY CREATED SPECIAL FUND OR RESTRICTED RECEIPT ACCOUNT
11 BE DISBURSED BY EXECUTIVE ORDER OF THE GOVERNOR OR BY ANY OTHER
12 EXECUTIVE ACTION FOR ANY PURPOSE OR PURPOSES NOT SPECIFICALLY
13 PRESCRIBED BY THE STATUTE WHICH CREATED SAID SPECIAL OR
14 RESTRICTED RECEIPT ACCOUNT, EXCEPT BY APPROPRIATION MADE BY LAW
15 DURING THE FISCAL YEAR IN WHICH SUCH FUNDS WERE RECEIVED.
16 Section 5. 6. Notwithstanding any thing in any law to the <--
17 contrary, it shall be the duty of the Secretary of Revenue when
18 submitting to the Budget Secretary and to the Governor his
19 officially certified estimate of revenues and receipts from any
20 and all sources for use in the preparation of the Governor's
21 proposed budget for the ensuing fiscal year to specifically
22 include therein an estimate of any and all funds received or
23 anticipated to be received from the Federal Government whether
24 such funds are designated as grants, augmentations, credits or
25 otherwise, together with the purposes for which such funds, as
26 aforesaid, are provided or to be provided. The Secretary of
27 Revenue shall provide a Federal funds estimate to the Governor
28 for use by the Governor in signing any appropriation bill.
29 The General Assembly hereby declares its legislative intent
30 not to enact any operating budget for any fiscal year unless and
19760S1542B2068 - 3 -
1 until a budget is submitted in accordance with the provisions of
2 this act.
3 SECTION 7. NOTWITHSTANDING ANY OTHER LAW OR PORTION OF ANY <--
4 OTHER LAW INCLUDING SECTION 3 OF THE ACT OF DECEMBER 27, 1933
5 (SP.S. 1933-34, P.L.113, NO.29), ENTITLED "AN ACT AUTHORIZING
6 THE STATE TREASURER TO ACT AS CUSTODIAN OF MONEYS AND SECURITIES
7 CONTRIBUTED TO OR DEPOSITED WITH THE COMMONWEALTH, OR OFFICERS,
8 DEPARTMENTS, BOARDS OR COMMISSIONS OF THE COMMONWEALTH;
9 PRESCRIBING THE MANNER IN WHICH SUCH MONEYS OR SECURITIES SHALL
10 BE HELD AND DISBURSED OR DELIVERED UP; AND MAKING AN
11 APPROPRIATION TO THE TREASURY DEPARTMENT FOR THE COST OF
12 ADMINISTERING SUCH MONEYS AND SECURITIES," THE PROVISIONS OF
13 THIS ACT SHALL PREVAIL.
14 Section 7 8. This act shall take effect immediately. <--
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