PRINTER'S NO. 1349
No. 1232 Session of 1993
INTRODUCED BY MASLAND, LAUB, SAURMAN, GEIST, ARGALL, ARMSTRONG,
BAKER, BARLEY, BROWN, BUNT, CESSAR, CIVERA, CLARK, CLYMER,
CORNELL, DURHAM, EGOLF, FAIRCHILD, FARMER, FLEAGLE, FLICK,
GERLACH, GLADECK, GODSHALL, HECKLER, HERMAN, HUTCHINSON,
KING, LEE, LEH, LYNCH, MARSICO, NAILOR, NICKOL, O'BRIEN,
PERZEL, PETTIT, PHILLIPS, ROHRER, RYAN, SAYLOR, SCHULER,
SERAFINI, STRITTMATTER, J. TAYLOR, TOMLINSON, VANCE, WAUGH
AND M. N. WRIGHT, APRIL 19, 1993
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 19, 1993
AN ACT
1 Requiring the Legislative Budget and Finance Committee and the
2 Department of Community Affairs to prepare impact notes prior
3 to creation of new boards and special purpose districts; and
4 establishing procedures.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Pennsylvania
9 Sunrise Act.
10 Section 2. Purpose.
11 The General Assembly recognizes that proliferation of boards
12 and special purpose districts requires a uniform and coordinated
13 procedure for determining the need for new units of government.
14 Section 3. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 "Board." A board, commission, council, committee or task
3 force.
4 "Special purpose district." Any entity or unit of local
5 government other than a city, borough, town, township, county,
6 authority or school district.
7 Section 4. Sunrise notes.
8 (a) General rule.--The Legislative Budget and Finance
9 Committee and the Department of Community Affairs shall, in
10 cooperation with appropriate legislative committees and
11 legislative staff, establish a procedure for the provision of
12 sunrise notes on the expected impact of bills and resolutions
13 that authorize the creation of new boards and new types of
14 special purpose districts.
15 (b) Preparation.--
16 (1) The Legislative Budget and Finance Committee shall
17 prepare sunrise notes for legislation concerning the creation
18 of new boards. The Department of Community Affairs shall
19 prepare sunrise notes for legislation creating new types of
20 special purpose districts.
21 (2) A sunrise note shall be prepared for all executive
22 and agency request legislation that creates a board or
23 special purpose district or entity.
24 (3) The Legislative Budget and Finance Committee or the
25 Department of Community Affairs shall also provide a sunrise
26 note at the request of any committee of the legislature.
27 (c) Contents.--Sunrise notes shall include:
28 (1) The purpose and expected impact of the new board or
29 special purpose district.
30 (2) The powers and duties of the new board or special
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1 purpose district.
2 (3) The direct or potential duplication of the powers
3 and duties of existing board or special purpose districts.
4 (4) Other information relevant to the need for the new
5 board or special purpose district.
6 (d) Filing.--Sunrise notes shall be filed with:
7 (1) the committee to which the bill or resolution was
8 referred upon introduction in the house of origin;
9 (2) the Senate Appropriations Committee;
10 (3) the House of Representatives Appropriations
11 Committee;
12 (4) the Senate State Government Committee or its
13 successor; and
14 (5) the House of Representatives State Government
15 Committee or its successor.
16 (e) Notification.--Legislative standing committees shall
17 forward notification and the sunrise note, if available, to the
18 Senate Appropriations Committee or the House of Representatives
19 Appropriations Committee and the Senate State Government
20 Committee or the House of Representatives State Government
21 Committee whenever a bill providing for the creation of a new
22 board or special purpose district is voted out of the standing
23 committee.
24 Section 5. Effect on validity of legislative action.
25 Nothing in this act prevents either house of the legislature
26 from acting on any bill or resolution before it as otherwise
27 provided by the Constitution of Pennsylvania, by law and by the
28 rules and joint rules of the Senate and House of
29 Representatives, nor shall the lack of any sunrise note as
30 provided in this act or any error in the accuracy thereof affect
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1 the validity of any measure otherwise duly passed by the
2 legislature.
3 Section 6. Expiration.
4 This act shall expire December 31, 2004.
5 Section 7. Effective date.
6 This act shall take effect in 60 days.
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