Regular Session 2019-2020 House Bill 1089 P.N. 1260

PRINTER'S NO. 1260

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1089

Session of

2019

INTRODUCED BY ORTITAY, APRIL 8, 2019

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 8, 2019

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; providing for judicial administration; and

prescribing the manner in which the number and compensation

of the deputies and all other assistants and employes of

certain departments, boards and commissions shall be

determined," in Commonwealth budget procedures, further

providing for fiscal notes, providing for adoption of

expenditure limitations and for form of appropriation acts

and further providing for revenue estimates.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 612(7) of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929, is

amended to read:

Section 612. Fiscal Notes.--The Office of the Budget shall

prepare a fiscal note for regulatory actions and administrative

procedures of the administrative departments, boards,

commissions, or authorities, receiving money from the State

Treasury. The fiscal note shall state whether the proposed

action or procedure causes a loss of revenue or an increase in

the cost of programs to the Commonwealth or its political

subdivisions. Any such regulatory action or administrative

procedure which requires a fiscal note shall be published in the

Pennsylvania Bulletin. The fiscal note shall be published in the

Pennsylvania Bulletin at the same time the proposed change is

advertised. The fiscal note shall provide the following

information:

* * *

(7) The line item, if any, of [the General Appropriation Act

or other] an appropriation act out of which expenditures or

losses of Commonwealth funds shall occur as a result of the

action or procedures.

* * *

Section 2. The act is amended by adding sections to read:

Section 613.1. Adoption of Expenditure Limitations.--(a) No

later than June 1 of each year, the General Assembly shall adopt

expenditure limitations for the ensuing fiscal year by

concurrent resolution.

(b) The expenditure limitations shall contain the following:

(1) The total amount of State revenues which will be

available for each appropriation for the ensuing fiscal year.

(2) A description of measures which may be necessary to

generate State revenue for the ensuing fiscal year and the

estimated amount of State revenue which will be generated by

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each measure.

(3) The available Federal funds for the ensuing fiscal year.

(4) The available funds from other sources for the ensuing

fiscal year.

(5) The amount of State revenues, Federal funds and funds

from other sources which are available to be appropriated for

each agency or department for the ensuing fiscal year.

in a fiscal year if the General Assembly fails to adopt

expenditure limitations as specified under this section.

Section 613.2. Form of Appropriations Acts.--(a) An

appropriations act may not appropriate funds for more than one

agency or department.

(b) An appropriations act may not appropriate funds for an

agency or department which exceed the amount specified for the

agency or department in the expenditure limitations under

section 613.1.

Section 3. Section 618(a) and (b) of the act are amended to

read:

Section 618. Revenue Estimates.--(a) [The Department of

Revenue in conjunction with the Secretary of the Budget shall

make revenue estimates for the use of the Governor in preparing

the budget with periodic revisions until the final estimate is

signed by the Governor not later than the time he signs the

general appropriation bill. The revenue estimates used to sign

any appropriation bill shall show separately State revenues,

Federal funds, and, if specifically appropriated, funds from

other sources.] Prior to signing an appropriations bill, the

Governor shall sign the concurrent resolution adopting

expenditure limitations under section 613.1. The Governor shall

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item veto any part of any appropriation bill that causes total

appropriations to exceed the [official estimate plus any

unappropriated surplus. No changes in the revenue estimates

shall be made thereafter unless changes in statutes affecting

revenues and receipts are enacted.

(b) The revenue estimates shall be prepared in a way that

they are subject to complete and thorough oversight by the

Appropriations Committees of the Senate and the House of

Representatives with full knowledge of all data, assumptions,

and econometric models which were used to develop the

projections and any subsequent revisions of these projections.]

expenditure limitations under section 613.1. No changes in the

expenditure limitations under section 613.1 shall be made

thereafter unless changes in statutes affecting revenues and

receipts are enacted and a revision of the expenditure

limitations under section 613.1 is adopted.

* * *

Section 4. This act shall take effect in 60 days.

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