PRIOR PRINTER'S NO. 1164 PRINTER'S NO. 1253
No. 1053 Session of 1991
INTRODUCED BY TILGHMAN, LOEPER, JUBELIRER, WENGER, HOPPER, FISHER AND SALVATORE, MAY 13, 1991
SENATOR ARMSTRONG, FINANCE, AS AMENDED, JUNE 4, 1991
AN ACT 1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled 2 "An act providing for and reorganizing the conduct of the 3 executive and administrative work of the Commonwealth by the 4 Executive Department thereof and the administrative 5 departments, boards, commissions, and officers thereof, 6 including the boards of trustees of State Normal Schools, or 7 Teachers Colleges; abolishing, creating, reorganizing or 8 authorizing the reorganization of certain administrative 9 departments, boards, and commissions; defining the powers and 10 duties of the Governor and other executive and administrative 11 officers, and of the several administrative departments, 12 boards, commissions, and officers; fixing the salaries of the 13 Governor, Lieutenant Governor, and certain other executive 14 and administrative officers; providing for the appointment of 15 certain administrative officers, and of all deputies and 16 other assistants and employes in certain departments, boards, 17 and commissions; and prescribing the manner in which the 18 number and compensation of the deputies and all other 19 assistants and employes of certain departments, boards and 20 commissions shall be determined," further providing for the 21 submission of agency budget requests to the General Assembly 22 and for control of the budgeting processes by the General 23 Assembly. 24 The General Assembly of the Commonwealth of Pennsylvania 25 hereby enacts as follows: 26 Section 1. Section 610 of the act of April 9, 1929 (P.L.177, 27 No.175), known as The Administrative Code of 1929, is amended by 28 adding a subsection to read:
1 Section 610. Preparation of Budget.--* * * 2 (c) The head of each administrative department and each 3 independent administrative board and commission shall, 4 concurrent with the submission of any budget request to the 5 Secretary of the Budget, also submit such request to the 6 Majority Chairman and Minority Chairman of the Appropriations 7 Committee of the Senate and to the Majority Chairman and 8 Minority Chairman of the Appropriations Committee of the House 9 of Representatives. 10 Section 2. Sections 614 and 615 of the act, added September 11 27, 1978 (P.L.775, No.149), are amended to read: 12 Section 614. List of Employes to be Furnished to Certain 13 State Officers.--(a) All administrative departments, boards, 14 and commissions and the Attorney General shall on July 15 of 15 each year, transmit to the Auditor General, the State Treasurer 16 and Secretary of the Budget a complete list, and to the 17 Legislative Data Processing Center a computer tape of such list, 18 as of July 1 preceding, of the names of all persons, except day- 19 laborers, entitled to receive compensation from the Commonwealth 20 for services rendered in or to the department, board, or 21 commission, as the case may be. Such list shall show the 22 position occupied by each such person, the date of birth and 23 voting residence of such person, the salary at which or other 24 basis upon which such person is entitled to be paid, the date 25 when such person entered the service of the Commonwealth, 26 whether such person has been continuously employed by the 27 Commonwealth since that date, and all periods of service and 28 positions held as an employe of the Commonwealth, or such part 29 of such information as the Governor may prescribe. 30 (b) [Each] No later than the 15th of each month thereafter, 19910S1053B1253 - 2 -
1 the Attorney General, the heads of the several administrative 2 departments, and the several independent administrative boards 3 and commissions, shall certify to the Auditor General, the State 4 Treasurer and the Secretary of the Budget any changes in the 5 annual list of employes last transmitted to them which shall 6 have occurred during the preceding month[.] and shall provide to 7 the Legislative Data Processing Center a computer tape of such 8 changes. 9 (c) The information received by the Auditor General, the 10 State Treasurer and the Secretary of the Budget, under this 11 section, shall be public information. 12 Section 615. Estimates of Current Expenditures by 13 Departments, Boards and Commissions.--(a) Each administrative 14 department, board and commission, except the departments of 15 which the Auditor General, the State Treasurer and the Attorney 16 General are respectively the heads, shall from time to time, as 17 requested by the Governor, prepare and submit to the Secretary 18 of the Budget[, for approval or disapproval,] an estimate of the 19 amount of money required and the levels of activity and 20 accomplishment for each program carried on by each department, 21 board or commission, during the ensuing month, quarter, or such 22 other period as the Governor shall prescribe. All available 23 Federal funds and funds from other sources shall be 24 characterized as such and shall be included in the estimated 25 expenditures which must be submitted to the Secretary of the 26 Budget before any expenditures therefrom may be made. [If such 27 estimates do not meet with the approval of the Secretary of the 28 Budget, it shall be revised as necessary and resubmitted for 29 approval. The Secretary of the Budget may establish an 30 authorized personnel complement level in conjunction with the 19910S1053B1253 - 3 -
1 approved expenditure estimate.] 2 (a.1) All estimates submitted under this section shall be 3 reviewed and examined by the Secretary of the Budget. The power 4 of the Secretary of the Budget to approve or disapprove any 5 estimate shall apply solely to an estimate which proposes 6 expenditures of appropriation for general government operations 7 of any of the several administrative departments, boards and 8 commissions subject to the provisions of this section. If the 9 estimate of expenditures for general government operations does 10 not meet with the approval of the Secretary of the Budget, such 11 estimate shall be revised as necessary and resubmitted for 12 approval. The Secretary of the Budget may establish an 13 authorized personal PERSONNEL complement level in conjunction <-- 14 with the approved general government operations expenditure 15 estimate. 16 (b) After the approval of any such estimate under subsection 17 (a.1), it shall be unlawful for the department, board, or 18 commission to expend any appropriation, Federal funds or funds 19 from other sources or part thereof, except in accordance with 20 such estimate and the authorized complement level, unless the 21 same be revised with the approval of the Secretary of the Budget 22 and within the limits appropriated by the General Assembly. 23 (c) If any department, board, or commission, to which this 24 section applies, shall fail or refuse to submit to the Secretary 25 of the Budget estimates of expenditures, in accordance with the 26 Governor's request, the Governor may notify the State Treasurer, 27 in writing, of such failure or refusal, and, after receipt of 28 such notice, the State Treasurer shall not draw any warrant in 29 favor of such department, board, or commission, until the 30 Governor shall have notified the State Treasurer, in writing, 19910S1053B1253 - 4 -
1 that the delinquent department, board, or commission has 2 furnished him with, and he has approved, the estimate as 3 required in [this section] subsection (a.1). 4 Section 3. The act is amended by adding sections to read: 5 Section 622. Appropriation of Miscellaneous Receipts, 6 Revenues and Augmentations Required.--All miscellaneous 7 receipts, revenues and augmentations and all restricted revenues 8 and receipts received from any source shall not be paid out of 9 the General Fund for any purpose and shall not be available for 10 any program or the administration of any act unless appropriated 11 by the General Assembly in a general appropriations act and 12 approved by the Governor. 13 Section 623. Impoundment Control.--(a) Except as provided 14 in section 615, all funds appropriated by the General Assembly 15 and approved by the Governor shall be made available in the full 16 amount of said appropriations for the programs and purposes 17 intended and shall be paid by the State Treasurer upon receipt 18 of proper documentation. 19 (b) Except as provided in section 615, no funds appropriated 20 by the General Assembly and approved by the Governor shall be 21 rescinded, deferred or reserved by the Governor or any other 22 employe of the executive branch without the approval of the 23 General Assembly. 24 Section 624. Rescission, Deferral or Reservation of 25 Appropriations.--(a) Whenever the Governor determines that all 26 or part of any appropriation will not be required to carry out 27 the full objectives or scope of programs for which it was 28 intended by the General Assembly or that such appropriation 29 should be rescinded, deferred or reserved for fiscal policy or 30 other reasons, the Governor shall request authorization from the 19910S1053B1253 - 5 -
1 General Assembly, by law to rescind, defer or reserve said 2 appropriation. Each request shall specify: 3 (1) the amount of the appropriation which he proposes to be 4 rescinded or which is to be deferred or reserved; 5 (2) any account, department, board, commission or 6 establishment of the State Government to which such 7 appropriation is available for expenditures and the specific 8 project, program or governmental functions involved; 9 (3) the reasons why the appropriation should be rescinded, 10 deferred or reserved; 11 (4) to the maximum extent practicable, the estimated fiscal, 12 economic and budgetary effect of the proposed rescission or of 13 the deferral or reservation; and 14 (5) all facts, circumstances and considerations relating to 15 or bearing upon the proposed rescission, deferral or reservation 16 and the decision to effect the proposed rescission, deferral or 17 reservation, and to the maximum extent practicable, the 18 estimated effect of the proposed rescission, deferral or 19 reservation upon the objects, purposes and programs for which 20 the appropriation is provided. 21 (b) Each proposed bill for authorization to rescind, defer 22 or reserve all or part of an appropriation shall take effect if 23 it is approved by a majority vote of the duly elected membership 24 of each house. 25 (c) The effective date of each authorization to rescind, 26 defer or reserve all or part of an appropriation shall be the 27 date of approval by the Governor. 28 (d) Any provision of the request for authorization to 29 rescind, defer or reserve all or part of an appropriation may, 30 under provisions contained therein, be made operative at a time 19910S1053B1253 - 6 -
1 later than the date on which the request for authorization to 2 rescind, defer or reserve all or part of an appropriation takes 3 effect. 4 Section 4. This act shall take effect July 1, 1991, or 5 immediately, whichever is later. D15L71RZ/19910S1053B1253 - 7 -