THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY SCARNATI, PILEGGI, CORMAN, ORIE, WAUGH, ROBBINS, BROWNE, PIPPY, GORDNER, BRUBAKER, YAW, RAFFERTY, VANCE, M. WHITE, BAKER, ERICKSON, FOLMER, EARLL, VOGEL, BOSCOLA, STACK, FARNESE, FERLO, SMUCKER, TOMLINSON, WONDERLING, WARD, ALLOWAY, D. WHITE, EICHELBERGER, PICCOLA AND GREENLEAF, APRIL 30, 2009

REFERRED TO APPROPRIATIONS, APRIL 30, 2009  

AN ACT

Providing for the lapsing of legislative budget balances.

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 Legislative

Budget Balance Lapse Act.

Section 2.  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:

"Account."  The aggregate for each appropriation or

allocation relating to the operation of the General Assembly

enacted for the 2008-2009 fiscal year or any prior fiscal year

for the same specific purpose and which is identified by the

State Treasurer with the same departmental code and

appropriation number notwithstanding the fiscal year for which

the appropriation was enacted.

"Accrued."  The recording of the dollar amount of an

obligation incurred prior to July 1, 2009, and paid after the

June 30, 2009.

"Balance available for lapse."  The balance available in an

account as of June 30, 2009, which is calculated as the

remaining cash balance, minus the reserve and any accrued,

encumbered or committed obligation.

"Bi-partisan Management Committee."  The Bi-partisan

Management Committee established under section 21.1 of the act

of January 10, 1968 (1967 P.L.925, No.417), referred to as the

Legislative Officers and Employes Law.

"Committed."  The dollar amount of an anticipated financial

obligation approved by the Committee on Management Operations in

the case of the Senate, the Bi-partisan Management Committee in

the case of the House of Representatives or a legislative

service agency as an anticipated fixed asset purchase or capital

improvement project.

"Committee on Management Operations."  The Committee on

Management Operations established under section 1.1 of the act

of January 10, 1968 (1967 P.L.925, No.417), referred to as the

Legislative Officers and Employes Law.

"Encumbered."  The recording of a dollar amount remaining

unpaid and due on a contractual obligation.

"Legislative service agency."  Any of the following:

(1)  An agency acting through its Executive Committee, if

statutorily constituted, or the full governing committee, for

each of the following:

(i)  Capitol Preservation Committee.

(ii)  Center for Rural Pennsylvania.

(iii)  Independent Regulatory Review Commission.

(iv)  Joint State Government Commission.

(v)  Joint Legislative Air and Water Pollution

Control and Conservation Committee.

(vi)  Legislative Audit Advisory Commission.

(vii)  Legislative Budget and Finance Committee.

(viii)  Legislative Data Processing Committee.

(ix)  Local Government Commission.

(2)  An agency acting through its Executive Director in

the case of the Legislative Reference Bureau. 

"Reserve."  An amount equal to one-third of the appropriation

made for the 2008-2009 fiscal year.

Section 3.  Lapsing of prior appropriations for the Senate, the

House of Representatives and Legislative Service

Agencies.

(a)  Legislative service agency calculation.--No later than

June 30, 2009, the Chief Clerk of the Senate and the Chief Clerk

of the House of Representatives shall consult with each

legislative service agency and make a determination of the

amount of every appropriation made to a legislative service

agency under any appropriation act, which has not been expended,

accrued, committed or encumbered and is deemed a balance

available for lapse. If the Chief Clerk of the Senate and the

Chief Clerk of the House of Representatives do not agree on the

balance available for a legislative service agency, the State

Treasurer shall select the balance of the Chief Clerk which is

closest to the amount determined by the State Treasurer.

(b)  Determination.--

(1)  Subject to paragraph (2), within 45 days of the

later of June 30, 2009, or the enactment of a General

Appropriations Act, the Committee on Management Operations in

the case of the Senate and the Bi-partisan Management

Committee in the case of the House of Representatives shall

provide a written report to the State Treasurer based on the

information compiled by the Chief Clerk of the Senate and the

Chief Clerk of the House of Representatives under subsection

(a). The written report shall include the Committee on

Management Operations' determination of the balances

available for lapse from all Senate accounts and the Bi-

partisan Management Committee's determination of the balances

available for lapse from all House of Representative

accounts.

(2)  In making the determination under paragraph (1), a

balance available for lapse shall be reduced by those funds

expended after the end of the 2008-2009 fiscal year but prior

to the enactment of the General Appropriation Act for the

fiscal year beginning July 1, 2009.

(c)  Lapse.--No later than 60 days from the later of June 30,

2009, or the enactment of the 2009-2010 General Fund budget, the

State Treasurer shall take action based on the written

recommendation made under subsection (b) and lapse to the

General Fund for reappropriation by the General Assembly all

balances available for lapse for the Senate, the House of

Representatives and each legislative service agency as provided

under this section.

Section 10.  Effective date.

This act shall take effect immediately.