PRINTER'S NO. 2897

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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
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     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
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     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.




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