THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CUTLER, BEYER, BOYD, CREIGHTON, DENLINGER, EVERETT, GEIST, GINGRICH, GRELL, GROVE, HARPER, HELM, HENNESSEY, HICKERNELL, HORNAMAN, MARSICO, McILVAINE SMITH, MURT, MUSTIO, PASHINSKI, PYLE, READSHAW, ROAE, SIPTROTH, SWANGER, TRUE, VULAKOVICH AND QUINN, MARCH 11, 2009

REFERRED TO COMMITTEE ON EDUCATION, MARCH 11, 2009  

AN ACT

Requiring fiscal notes and a continuing study of all

legislation, regulations and court decisions having a fiscal

impact on public schools; and providing that mandatory

educational programs need not be implemented until funding

for the cost of the program is provided for by the General

Assembly.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Public School

Fiscal Impact Act.

Section 2.  Legislative intent.

It is the intent of the General Assembly to provide an

ongoing mechanism to monitor fiscal impacts on public schools,

to review proposed changes and reforms in the public schools and

to review relevant statutes.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Committee."  For a bill introduced in the Senate, the

Education Committee of the Senate. For a bill introduced in the

House of Representatives, the Education Committee of the House

of Representatives.

"Department."  The Department of Education of the

Commonwealth.

Section 4.  Powers and duties.

The committee shall have the following powers and duties:

(1)  To analyze any bill relating to public schools or

public school fiscal policy and to issue a fiscal note

thereto in a timely fashion. Such a fiscal note shall be

submitted to the Governor and the General Assembly and shall

include an assessment of the fiscal impact, feasibility and

cost of such legislation.

(2)  To monitor and evaluate from time to time all the

laws and systems thereunder which relate to public school

fiscal policy in this Commonwealth.

(3)  To study the relationship of public school fiscal

policy to other aspects of public school policy and to the

effective operation of government generally.

(4)  To recommend to the General Assembly a change in the

process by which public school legislation having a fiscal

impact on the Commonwealth or public schools is analyzed and

acted upon by the General Assembly.

(5)  To issue fiscal impact notes under section 5.

(6)  To issue fiscal impact studies under section 6.

Section 5.  Fiscal impact notes.

(a)  Note required for bills.--No bill proposing any change

relative to the imposition or expansion of a mandate on public

schools shall be given second consideration in either house of

the General Assembly until the committee has attached a fiscal

impact note which shall include a reliable estimate of the cost

and fiscal effect of the proposed change in any such public

school.

(b)  Note required for amendments.--No amendment to any bill

concerning the imposition or expansion of a mandate on public

schools shall be considered by either house of the General

Assembly until a fiscal impact note has been attached.

(c)  Contents of note.--The fiscal impact note shall be

factual and shall, if possible, provide a reliable estimate of

both the immediate cost and effect of the bill and, if

determinable or reasonably foreseeable, the long-range cost and

effect of the measure.

(d)  Notes for proposed constitutional amendments.--The

committee shall issue a fiscal impact note for any joint

resolution proposing an amendment to the Constitution of

Pennsylvania which initially passes either house of the General

Assembly. If said joint resolution is subsequently amended and

passes either house of the General Assembly, a new fiscal impact

note shall be prepared.

Section 6.  Fiscal impact study.

The committee shall conduct a fiscal impact study on any

department regulation, enacted law or judicial decision of an

action in which the department is a party to determine how costs

imposed by the regulation, act or decision will be allocated

between the State and local school districts.

Section 7.  Reports to be public information.

All reports and analyses compiled by the committee shall be

public records and shall be available for public inspection at

the offices of the committee during the usual business hours of

the Commonwealth.

Section 8.  State-mandated programs.

Notwithstanding any other provisions of the act of March 10,

1949 (P.L.30, No.14), known as the Public School Code of 1949,

the board of school directors in any school district shall not

be required to implement any mandatory educational program

enacted through statute, regulation or standards until such time

as the General Assembly enacts a method to pay for, and an

appropriation sufficient to fund, the additional costs of the

program.

Section 9.  Effective date.

This act shall take effect in 60 days.