Regular Session 2021-2022 House Bill 1970 P.N. 2258

PRINTER'S NO. 2258

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1970

Session of

2021

INTRODUCED BY RIGBY, SCHMITT, RYAN, GROVE, MILLARD, JOZWIAK AND

NEILSON, OCTOBER 12, 2021

REFERRED TO COMMITTEE ON APPROPRIATIONS, OCTOBER 12, 2021

AN ACT

Amending the act of March 30, 1811 (P.L.145, No.99), entitled

"An act to amend and consolidate the several acts relating to

the settlement of the public accounts and the payment of the

public monies, and for other purposes," deleting or repealing

obsolete provisions relating to the settlement of public

accounts and payment of public monies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 4, 6 and 7 of the act of March 30, 1811

(P.L.145, No.99), entitled "An act to amend and consolidate the

several acts relating to the settlement of the public accounts

and the payment of the public monies, and for other purposes,"

are repealed:

[Section IV. And be it further enacted by the authority

aforesaid, That if any person attending at the office of the

auditor-general on his summons, shall refuse to exhibit his

account or to answer such questions touching the same as may be

put to him by the auditor-general, unless such answer shall have

a tendency to criminate such person, the auditor-general shall

have power to commit such person to the common gaol of the

county wherein the seat of government shall then be, there to be

holden, until such person comply with this act or be otherwise

discharged by due course of law.

Section VI. And be it further enacted by the authority

aforesaid, That the auditor-general shall draw his warrant on

the state treasurer for the amount or balance of all accounts

settled agreeably to this act, which are in the nature of claims

on the commonwealth, and for which there is an appropriation by

law, and all accounts and vouchers, and other papers appurtenant

thereto shall be filed in the office of the auditor-general,

copies of which, or of books, or any other documents in said

office under the hand and seal of the auditor-general, shall be

admitted to be read in evidence in all courts of law and

elsewhere in this commonwealth.

Section VII. And be it further enacted by the authority

aforesaid, That in all cases where the laws recognize a claim on

the commonwealth and there is no appropriation of money to pay

the same, it shall be the duty of the auditor-general and state

treasurer to adjust and settle the accounts of such claims as

other accounts, and the auditor-general shall immediately report

the same to the legislature, if in session, but if not in

session, then during the first week of the next ensuing

session.]

Section 2. Section 8 of the act is amended to read:

Section VIII. And be it further enacted by the authority

aforesaid, [That the state treasurer shall pay all grants,

salaries, annuities, gratuities, and pensions established by

law, and make all other payments which are or shall be so fixed

by law, that the sum to be paid cannot be affected by the

settlement of any account, nor increased nor diminished by the

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discretionary powers of the auditor-general and state treasurer;

Provided however, That in relation to pensions payable under

decrees of courts, the state treasurer may, if he deems it

proper, refer the said decrees or certificates back to the court

for revision, stating his reasons therefor: And also provided,]

That notwithstanding any other provision of law to the contrary,

the State Employees' Retirement Board, on behalf of the

Commonwealth, and the treasurer or other officer in charge of

payrolls for any county, city, town or other political

subdivision may make systematic investments in mutual funds,

savings accounts or government bonds or make premium payments on

life insurance or annuity contracts to any institution or

company licensed and authorized in accordance with the rules and

regulations promulgated by the appropriate State agencies to

accept deposits or sell such products in this State for the

purpose of funding a deferred compensation program for employes.

Section 3. Sections 15, 17, 18, 21, 22, 23, 27, 28, 29, 30,

35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 52

and 53 of the act are repealed:

Section XV. And be it further enacted by the authority

aforesaid, That the state treasurer may, if he deems it

conducive to the public interest, proceed immediately against

the sureties of any public delinquent.

Section XVII. And be it further enacted by the authority

aforesaid, That the accounts of county treasurers for any monies

received by them for tavern licenses and exempt fines, shall be

settled on or before the last day of December in each and every

year, and the monies so received paid over to the state

treasurer within three months, deducting therefrom a commission

in the following proportion, viz: For any sum not exceeding five

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hundred dollars, five per cent.; when the amount exceeds that

sum, five per cent. on the first five hundred dollars, and at

the rate of two per cent. for all above that sum, until it

amounts to one thousand dollars, and at the rate of one per

cent. for all in addition to the sum last mentioned, which the

accountant officers are hereby directed to allow; and it is

hereby made the duty of the county treasurers to enforce the

payment by collectors of militia exempt fines, in the same

manner as the payment of county rates and levies are enforced.

Section XVIII. And be it further enacted by the authority

aforesaid, That if any county treasurer shall neglect or refuse

to settle and pay into the state treasury the monies which they

shall receive for tavern licenses and militia exempt fines,

within the time specified in the next preceding section, the

accountant officers shall not allow him any commission on the

sum or sums so refused or neglected to be paid into the state

treasury.

Section XXI. And be it further enacted by the authority

aforesaid, That the brigade inspectors shall within sixty days

after they shall have received the lists of exempts, agreeably

to the act of the ninth April, one thousand eight hundred and

seven, entitled, "An act to regulate the militia of the

commonwealth of Pennsylvania," or of any act which may be

hereafter passed, transmit a copy thereof to the auditor-

general; and the commissioners of the respective counties, after

having received the returns of the exempts from the brigade

inspector, agreeably to the same act, or any other act which may

be hereafter passed, shall annually, within sixty days

thereafter transmit to the auditor-general a statement under

oath or affirmation, of the amount of militia exempt fines

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inserted in the duplicates of the county taxes, together with a

certificate of the exonerations thereof, made by the court of

appeals, but should there be no list of exempt fines returned by

the captains to the brigade-inspector or by the brigade-

inspector to the county commissioners, it shall be the duty of

the brigade-inspector and county commissioners to make report to

the auditor-general to that purpose.

Section XXII. And be it further enacted by the authority

aforesaid, That in case of neglect by any brigade-inspector of

the duty enjoined on him by the next preceding section, he shall

forfeit and pay to the commonwealth the sum of one hundred

dollars, and for every neglect by the commissioners of any

county, of the duty enjoined on them by the said section, they

shall severally forfeit and pay to the commonwealth the sum of

one hundred dollars, to be sued for and recovered under the

direction of the state treasurer as well as all other fines and

forfeitures under this act as debts of equal amount are or shall

be by law recoverable, and the certificate under the seal of the

auditor-general shall be sufficient evidence of such neglects;

and it shall be the duty of the state treasurer to withhold the

payment of the salary and other claims and allowances of every

brigade-inspector so neglecting his duty, to the amount of the

penalty hereby imposed, until the same be paid or such inspector

shall be otherwise legally discharged therefrom; and it shall be

the duty of the auditor-general in case the commissioners of any

county neglect to make return or report, as the case may be,

agreeably to the next preceding section, to certify the same to

the treasurer of the county to which such commissioners belong,

whereupon the said county treasurer shall not thereafter pay to

either of the said commissioners any monies for their

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compensation or wages as commissioners, until the penalty

imposed by this act be paid, or the said commissioners shall be

otherwise legally discharged therefrom.

Section XXIII. And be it further enacted by the authority

aforesaid, That within ten days after the appointment of a

county treasurer it shall be the duty of the county

commissioners to grant such treasurer a certificate of his

appointment, which shall be entered of record in the office of

recorder of deeds of the county, without which certificate and

recording thereof, no county treasurer shall act; and it shall

be the duty of such recorder to report the name and time of

appointment of such treasurer to the auditor-general for which

service the said recorder shall be allowed fifty cents, to be

paid by the said county treasurer; and all bonds given or

hereafter to be given by county treasurers and their sureties

for the faithful execution of the duties of such office, shall

be considered binding on said treasurers and their sureties for

all monies received by any such treasurers respectively, in

their official capacity for the use of the commonwealth; and the

county commissioners respectively, upon demand made by the state

treasurer, shall furnish a copy under their seal of any such

bond, which copy shall be legal and sufficient evidence in any

suit to be brought thereon for the use of the commonwealth.

Section XXVII. And be it further enacted by the authority

aforesaid, That the accounts of the auctioneers for duties

received by them for the use of the commonwealth, shall be

settled quarter-yearly, and the amount found due on such

settlement shall be immediately paid into the state treasury;

but if any auctioneer or auctioneers shall neglect or refuse to

pay into the state treasury, or deposit in the bank of

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Pennsylvania to the credit of the commonwealth, within one month

after the expiration of such quarter, the amount so found due

the commonwealth, the commission or commissions of such

auctioneer or auctioneers shall from thenceforth cease,

determine, and become absolutely void, and another person shall

be appointed in his or their place; and the state treasurer

shall moreover immediately proceed against the delinquent

auctioneer or auctioneers and their sureties for the recovery of

the moneys so found due from him or them, in the same manner as

he is authorized to do in other cases, and it is hereby made the

duty of the auditor-general to report to the governor any such

failure on the part of an auctioneer.

Section XXVIII. And be it further enacted by the authority

aforesaid, That the secretary of the commonwealth, the secretary

of the land-office, and the surveyor-general shall render their

accounts of fees received in their several offices quarter-

yearly, to the auditor-general for settlement, and the auditor-

general shall administer an oath or affirmation to the said

officers respectively, or their deputies, as the case may be,

who were in the receipt of the said fees, for the faithfulness

of the accounts rendered; and the said officers shall pay

monthly into the state treasury the public moneys received by

them.

Section XXIX. And be it further enacted by the authority

aforesaid, That the settlement of accounts not expressly

provided for by this act, shall be made at such time as the

accountant officers may deem proper, and on the same principles,

and under similar powers and subject to like proceedings in

every respect as other accounts.

Section XXX. And be it further enacted by the authority

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aforesaid, That the prothonotaries or clerks of the several

courts within this commonwealth, shall within twenty days after

the entering up a judgment in favour of the commonwealth, report

the same to the state treasurer, and it shall be the duty of the

deputy of the attorney-general, or such attorney as the

treasurer may appoint, to proceed to the collection of the

moneys due on said judgments; and if the moneys received by the

said deputy-attorney, or such attorney as may be employed in the

management of the suit in behalf of the commonwealth, in

consequence of said judgment, is not paid into the state

treasury within sixty days after it shall have been received by

such attorney, the state treasurer shall immediately inform the

attorney-general thereof, if one of his deputies, who shall

thereupon remove the said deputy-attorney from office, and

appoint another in his place, and the state treasurer shall

immediately proceed against such dismissed deputy-attorney, or

any other attorney so acting as in cases of other delinquents.

Section XXXV. And be it further enacted by the authority

aforesaid, That all balances due the commonwealth on accounts

settled agreeably to this act, shall bear interest from three

months after the date of settlement until paid.

Section XXXVII. And be it further enacted by the authority

aforesaid, That the books and papers in the offices of the state

treasurer and auditor-general shall be at all reasonable times

open for the free inspection of each other.

Section XXXVIII. And be it further enacted by the authority

aforesaid, That the auditor-general shall annually examine the

situation of the public treasury in relation to the moneys

therein, and the deposits in the several banks, and also if he

deems it necessary, examine the accounts of the state treasurer

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with the several banks and their branches in which the public

moneys are deposited; and the officers of the said banks and

their branches, shall permit the auditor-general so to do; and

if the state treasurer shall refuse to exhibit to the auditor-

general his books, papers, or documents, or the moneys reserved

in his office to meet occasional demands, he shall for any such

refusal, forfeit and pay for the use of the commonwealth, the

sum of two thousand dollars, to be recovered as sums of equal

amount are or shall be by law recoverable.

Section XXXIX. And be it further enacted by the authority

aforesaid, That the state treasurer shall be appointed on the

second Tuesday in January, in every year, for which purpose each

house shall at least three days previous to such appointment,

choose a teller, and furnish the other house with a minute of

such choice, and on the day of such election, the members of

both houses shall assemble at such hour as shall have been

agreed upon by the two houses, in the chamber of the house of

representatives, and the speaker of the senate and speaker of

the house of representatives, shall preside, alternately at such

elections, and the tellers shall take down in writing the name

of every member voting at such elections, and that of the person

voted for, whereupon the president of the meeting shall declare

the result of such election; and if either of the candidates has

a majority of all the members present, the president of the

meeting shall declare such candidate to be duly elected state

treasurer for the current year, and duplicate certificates

thereof shall be immediately made out and signed by the said

president and attested by the tellers, and the said tellers

shall make report to their respective houses, in order that the

same may be entered on their journals, but if there should not

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be a majority at the first poll for either candidate, the

meeting shall proceed to vote until a choice be made.

Section XL. And be it further enacted by the authority

aforesaid, That the state treasurer before he enters upon the

duties of his office, shall take the oaths or affirmations of

office agreeably to the directions of the constitutions of the

United States and this commonwealth, and shall become bound to

the commonwealth in an obligation with two or more sufficient

sureties to be approved of by the governor, in the sum of eighty

thousand dollars, lawful money of Pennsylvania, conditioned for

the true and faithful performance of the trusts and duties

enjoined and required by law, to be performed by such treasurer,

and the execution thereof being duly proved, the same shall be

entered of record in the office of the secretary of the

commonwealth, and copies of such obligation duly authenticated

under the seal of the said office, shall be admitted as legal

evidence in any court in this commonwealth.

Section XLI. And be it further enacted by the authority

aforesaid, That the state treasurer shall procure a seal of

office, and all copies under the seal of the state treasurer, of

accounts or documents in his office, shall be evidence in all

courts of law and elsewhere within this commonwealth.

Section XLII. And be it further enacted by the authority

aforesaid, That the auditor-general shall be appointed and

commissioned for three years, but shall be removed from office

by the governor, on the address of both houses of the

legislature, and in case the present, or any future auditor-

general should die, resign, or be removed from office by the

governor on the address of the general assembly, the governor

shall supply his place by an appointment for the remainder of

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the time such auditor-general had to serve, and in case the

state treasurer should die during the recess of the legislature,

the chief clerk in the office of treasurer after having taken

the oath or affirmation of office, and given the requisite

security, shall be authorized to do the duties of state

treasurer until another shall be appointed by the legislature.

Section XLIII. And be it further enacted by the authority

aforesaid, That the auditor-general before he enters upon the

duties of his office, shall take the oaths or affirmations of

office agreeably to the directions of the constitution of the

United States, and this commonwealth, and become bound in an

obligation with two or more sureties to be approved by the

governor, in the sum of five thousand dollars, conditioned for

the true and faithful performance of the trusts confided and

duties enjoined and required by law to be performed by him.

Section XLIV. And be it further enacted by the authority

aforesaid, That the state treasurer and auditor-general shall

each receive the sum of one thousand three hundred and thirty-

three dollars and thirty-three cents, per annum, payable

quarter-yearly, in full compensation for their services.

Section XLV. And be it further enacted by the authority

aforesaid, That the state treasurer shall furnish the auditor-

general on the first day of every month (unless it happen on

Sunday, in which case on the next day,) an account of all monies

received and paid by virtue of the powers of his office during

the preceding month, together with the vouchers for the payments

made by him; and the auditor-general shall transfer all the

receipts and payments to their proper accounts in the books of

his office.

Section XLVI. And be it further enacted by the authority

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aforesaid, That the state treasurer shall on the fourth Monday

in December annually, make report to the legislature, exhibiting

in detail the receipts and expenditures of the state treasury

for the preceding year, ending at the last day of November,

designating the name of every person from whom moneys were

received and to whom moneys have been paid, and on what account;

and the auditor-general shall on the same day annually make

report which shall exhibit in the abstract a statement of the

finances of the commonwealth, which reports of the state

treasurer and auditor-general shall be previously printed, and

six hundred copies of each delivered to the clerk of the house

of representatives, the expenses of printing and all other

expenses attending the same to be paid out of the aggregate

funds of the commonwealth, on warrants drawn in the usual

manner.

Section XLVII. And be it further enacted by the authority

aforesaid, That three thousand and sixty-six dollars and sixty-

six cents, per annum, are hereby appropriated for the payment of

clerks employed in the offices of the state-treasurer and

auditor-general: viz. Two thousand and sixty-six dollars and

sixty-six cents, for the former, and one thousand dollars for

the latter, to be paid as all other salaries are payable; and

eleven hundred dollars per annum are also hereby appropriated

for the contingent expenses of said offices: viz. Seven hundred

dollars for the former, and four hundred dollars for the latter,

to be paid on the settlement of accounts as in other cases.

Section XLVIII. And be it further enacted by the authority

aforesaid, That the state treasurer shall take effectual

measures for the recovery of public monies due on accounts

settled by the former and late accountant officers, (the

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comptroller and register-generals,) to the commonwealth, and

shall continue to possess and exercise all the powers and duties

vested in him by the ninth section of the act of April first,

one thousand seven hundred and ninety, entitled, "An act to

enforce the due collection of the revenue of the state, and for

other purposes therein mentioned;" which are necessary in

recovering the balances due the commonwealth on account of the

loans made under the acts of February the twenty-sixth, one

thousand seven hundred and seventy-three; and April the fourth,

one thousand seven hundred and eighty-five.

Section XLIX. And be it further enacted by the authority

aforesaid, That all the duties not herein provided for, which,

previous to the passage of the act, entitled, "An act making a

new arrangement of the treasury department, and enjoining

certain duties on county commissioners;" were enjoined on the

comptroller-general, shall be performed by the state treasurer,

and those enjoined on the register-general shall be performed by

the auditor-general, under the same powers and subject to like

restrictions and proceedings as when performed by the said

comptroller and register-generals.

Section L. And be it further enacted by the authority

aforesaid, That the auditor-general shall annually report to the

legislature a list of the accounts which remain unsettled, and

the reasons therefor, and the state treasurer shall annually

report to the legislature a list of the accounts on which

balances remain due to the commonwealth, which are not in a

course of recovery by law, and the reasons therefor.

Section LII. And be it further enacted by the authority

aforesaid, That it shall be the duty of the auditor-general to

report annually to the legislature, the names of all officers

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who neglect or refuse to make the returns to him which by law

they are enjoined to do.

Section LIII. And be it further enacted by the authority

aforesaid, That the auditor-general shall immediately after the

passing of this act, inform by letter, the several officers and

persons concerned therein of their powers and duties in relation

to accounting for and paying public monies, and in making

returns on which the public accounts are founded.]

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

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