PRINTER'S NO. 2897
No. 2319 Session of 1993
INTRODUCED BY LYNCH, ROBERTS, PHILLIPS, FAIRCHILD, LEE, STERN, SEMMEL, BUNT, EGOLF, SATHER, HUTCHINSON AND STEIL, DECEMBER 7, 1993
REFERRED TO COMMITTEE ON APPROPRIATIONS, DECEMBER 7, 1993
AN ACT 1 Providing deadlines and voting requirements for budgetary 2 actions by the General Assembly; providing for negotiation 3 sessions; and imposing certain sanctions. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Budget Reform 8 Act. 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Balanced budget." A budget that sets forth in detail: 14 (1) The amounts to be appropriated to the General 15 Assembly, the Judicial Department, the Governor and the 16 several administrative departments, boards and commissions of 17 the State government, and to institutions within this 18 Commonwealth, and for all public purposes, classified by
1 department or agency and by program, including those 2 institutions covered under section 30 of Article III of the 3 Constitution of Pennsylvania. Total appropriations, including 4 executive authorizations and augmentations, from any fund 5 shall not exceed the estimated revenues or receipts from that 6 fund as defined in paragraph (2). 7 (2) The total estimated revenues or receipts available 8 from all current and proposed sources for Federal 9 appropriations, including executive authorizations and 10 augmentations, from the General Fund, for State 11 appropriations, including executive authorizations and 12 augmentations, from the General Fund and for appropriations, 13 including executive authorizations and augmentations, made by 14 the General Assembly from any other funds. 15 Section 3. Required budget introduction. 16 No later than the first week of May, the Majority Leader and 17 the Minority Leader of the Senate or the chairman or minority 18 chairman of the Appropriations Committee of the Senate and the 19 Majority Leader and the Minority Leader of the House of 20 Representatives or the chairman or minority chairman of the 21 Appropriations Committee of the House of Representatives shall 22 introduce, jointly or separately, a balanced budget along with 23 any legislation concerning proposals for new revenues and 24 receipts included in the total estimated revenues or receipts. 25 Section 4. Negotiations open to members. 26 Notwithstanding any provision of the act of July 3, 1986 27 (P.L.388, No.84), known as the Sunshine Act, to the contrary, 28 any negotiations on the budget involving members of both 29 political parties shall be open to each member of the General 30 Assembly. Notice of each negotiation session shall be posted in 19930H2319B2897 - 2 -
1 the Office of Chief Clerk of the Senate and the Office of Chief 2 Clerk of the House of Representatives. Notice shall be posted at 3 least five hours before the negotiation session begins. The 4 chief clerks shall ensure that at least 20 members in addition 5 to the negotiators can be accommodated in the meeting room. 6 Section 5. Initial passage of proposed budget. 7 No later than June 15, the Senate and the House of 8 Representatives shall each be required to pass a balanced budget 9 along with any legislation concerning proposals for new revenues 10 and receipts included in the total estimated revenues or 11 receipts. 12 Section 6. Budgetary limitation on conference committees. 13 No committee of conference on the budget for the ensuing 14 fiscal year can meet until both chambers have passed a balanced 15 budget bill along with any legislation concerning proposals for 16 new revenues and receipts as required under section 5. 17 Section 7. Voting. 18 No vote may be taken in either chamber on a bill raising 19 revenue or for the general operation of State government unless 20 the printed bill has been in the hands of the members of the 21 chamber for at least 48 hours prior to the vote. The first vote 22 on a general appropriation bill may not be taken in either 23 chamber until the members have had the opportunity to review the 24 bill for at least one month prior to the vote. 25 Section 8. Final passage and certification. 26 (a) Material to be printed.--The report of the committee of 27 conference on the budget for the ensuing fiscal year may not be 28 brought to a final vote in either chamber until 48 hours after 29 the report has been signed. 30 (b) Final passage.--No later than June 30, the General 19930H2319B2897 - 3 -
1 Assembly shall finally pass a balanced budget and all 2 legislation necessary for the implementation of the budget. The 3 Majority Leader and the Minority Leader of the Senate and the 4 Majority Leader and the Minority Leader of the House of 5 Representatives shall certify to the President pro tempore of 6 the Senate and to the Speaker of the House of Representatives 7 that legislative authorization has passed for the expenditure of 8 all funds appropriated in the passed budget. 9 Section 9. Sanctions. 10 (a) Failure to comply with section 3.--In the event that the 11 Chief Clerk of the Senate or the Chief Clerk of the House of 12 Representatives, respectively, has determined that the Majority 13 Leader or the Minority Leader of the Senate or the Majority 14 Leader or the Minority Leader of the House of Representatives by 15 the first week of May has not complied with the requirements of 16 section 3, then the salary appropriations and per diem expenses 17 of that leader's caucus of the General Assembly shall be 18 withheld so that no moneys can be expended from such 19 appropriations for salaries and per diem expenses of senators or 20 for salaries and per diem expenses of representatives and extra 21 compensation to the Speaker of the House of Representatives, 22 respectively, until the requirements of section 3 are met 23 without regard to date. 24 (b) Failure to comply with section 8.-- 25 (1) In the event that the Chief Clerk of the Senate has 26 determined that the Senate by June 30 has not complied with 27 the requirements of section 8, then the appropriations for 28 salaries and per diem expenses of senators holding leadership 29 positions shall be withheld until the provisions of section 8 30 are complied with. As used in this paragraph, the term 19930H2319B2897 - 4 -
1 "leadership positions" shall include the President pro 2 tempore, the Majority Leader, the Majority Whip, the Majority 3 Caucus Chairman, the Majority Caucus Secretary, the Majority 4 Chairman of the Appropriations Committee, the Majority Policy 5 Committee Chairman and the Majority Caucus Administrator of 6 the Senate. 7 (2) In the event that the Chief Clerk of the House of 8 Representatives has determined that the House of 9 Representatives by June 30 has not complied with the 10 requirements of section 8, then the appropriations for 11 salaries and per diem expenses of representatives holding 12 leadership positions shall be withheld until the provisions 13 of section 8 are complied with. As used in this paragraph, 14 the term "leadership positions" shall include the Speaker, 15 the Majority Leader, the Majority Whip, the Majority Caucus 16 Chairman, the Majority Caucus Secretary, the Majority Policy 17 Committee Chairman, the Majority Caucus Administrator and the 18 Majority Chairman of the Appropriations Committee of the 19 House of Representatives. 20 Section 10. Rules and procedures. 21 Each chamber of the General Assembly shall adopt rules and 22 procedures necessary to implement this legislation. 23 Section 11. Effective date. 24 This act shall take effect immediately. J8L72BIL/19930H2319B2897 - 5 -