PRIOR PRINTER'S NO. 1164                      PRINTER'S NO. 1253

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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,
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     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
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     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,
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     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
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     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
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     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.

















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