Regular Session 2015-2016 House Bill 2289 P.N. 3767

PRINTER'S NO. 3767

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2289

Session of

2015

INTRODUCED BY EVERETT, CUTLER, McGINNIS, KAUFFMAN, TALLMAN,

ZIMMERMAN, WARD, DUSH, METCALFE, MOUL, SAYLOR, PHILLIPS-HILL,

B. MILLER, SACCONE, KNOWLES, GROVE, TOPPER, RAPP, REGAN,

EVANKOVICH, PICKETT AND KLUNK, AUGUST 16, 2016

REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 16, 2016

AN ACT

Providing for accountability regarding collective bargaining

agreements between governmental entities and employee

organizations.

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 Commonwealth

Employee Collective Bargaining Accountability 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:

"Employee organization." As defined as "employe

organization" in section 301(3) of the act of July 23, 1970

(P.L.563, No.195), known as the Public Employe Relations Act.

"Independent Fiscal Office." The office established and

provided for in 71 Pa.C.S. Ch. 41 (relating to Independent

Fiscal Office).

"Memorandum of understanding." A written document that is

jointly prepared by a public employer and an employee

organization, stating:

(1) That the public employer and employee organization

have agreed to the terms and conditions of a collective

bargaining agreement under section 901 of the Public Employe

Relations Act.

(2) The details of the agreement and the intent to sign

the collective bargaining agreement.

"Public employee." An employee of a public employer.

"Public employer." A department or agency under the

jurisdiction of the Governor's Office for purposes of collective

bargaining.

Section 3. Notice to General Assembly.

(a) Copy of memorandum of understanding.--At least 45

calendar days before a public employer signs a collective

bargaining agreement with an employee organization, the public

employer shall provide to the General Assembly a copy of the

memorandum of understanding regarding the agreement.

(b) Required information.--The memorandum of understanding

under subsection (a) shall contain documentation that a formal

request has been made to the Independent Fiscal Office for a

detailed cost analysis of the proposed collective bargaining

agreement.

Section 4. Cost analysis.

(a) Duty of Independent Fiscal Office.--Within seven

business days of the request under section 3(b), the Independent

Fiscal Office shall prepare a cost analysis of the proposed

collective bargaining agreement.

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(b) Duty of Governor's Office.--Within two business days of

a request by the Independent Fiscal Office, the Governor's

Office shall provide to the Independent Fiscal Office any data,

analysis or other information determined to be necessary to

prepare a cost analysis under subsection (a).

section shall compare the costs of the collective bargaining

agreement in effect at the time of submission to cost

projections for the proposed collective bargaining agreement for

the current fiscal year and the length of the proposed contract.

The cost analysis shall include:

(1) The number of public employees covered by the

agreement, by fund.

(2) Wages and salaries, by fund.

(3) Employer costs for public employee benefits,

including pension contributions, by fund.

(4) A summary of the changes to paid leave, working

hours, working conditions or any other term of employment in

the proposed collective bargaining agreement and the

projected cost of such changes, by fund.

(5) A statement explaining the data, assumptions and

methodology used to make the projections.

Section 5. Appropriation of additional funds.

If a provision of a collective bargaining agreement outlined

in a memorandum of understanding directly requires an

expenditure of funds that exceeds the amount appropriated for

the comparable collective bargaining agreement in effect at the

time or immediately prior to the proposed collective bargaining

agreement, the provision may not become effective unless

additional funds are appropriated through the enactment of the

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general appropriation bill or a supplemental appropriation bill.

Section 6. Concurrent resolution.

(a) Legislative action.--

(1) Within 20 calendar days after receipt of the notice

required under section 3, the Labor and Industry Committee of

the Senate or the Labor and Industry Committee of the House

of Representatives, or both, may report to the Senate or

House of Representatives a concurrent resolution expressing

to the Governor that it disapproves of the terms of the

proposed collective bargaining agreement outlined in the

memorandum of understanding.

(2) If either committee under paragraph (1) reports the

concurrent resolution before the expiration of the 20

calendar days, the Senate and the House of Representatives

shall each have 20 calendar days from the date on which the

concurrent resolution was reported to adopt the concurrent

resolution.

(3) If the General Assembly adopts the concurrent

resolution by majority vote in both the Senate and the House

of Representatives, the concurrent resolution shall be

presented to the Governor in accordance with section 9 of

Article III of the Constitution of Pennsylvania.

(b) Action by Governor.--

(1) If the Governor does not return the concurrent

resolution to the General Assembly within 10 calendar days

after it is presented, the collective bargaining agreement

outlined in the memorandum of understanding may not be

finalized or signed.

(2) If the Governor vetoes the concurrent resolution,

the General Assembly may override the veto by a two-thirds

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vote in each house. The Senate and the House of

Representatives shall each have 30 calendar days or 10

legislative days, whichever is longer, to override the veto.

(1) If the General Assembly does not adopt the

concurrent resolution or override the veto in the time

prescribed in this section, the collective bargaining

agreement may be finalized and signed.

(2) If a concurrent resolution is reported out of

committee as required by subsection (a), the proposed

collective bargaining agreement may not be signed and

finalized until it is evident that the General Assembly did

not adopt the resolution or override a veto of the

resolution, as required by this section.

(d) Applicability.--Nothing in this section shall be

interpreted to conflict with provisions of section 4.

Section 7. Effective date.

This act shall take effect in 90 days.

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