Trial Engrossment of Amendment A02266 to House Bill 826 P.N. 1841, Regular Session 2015-2016

A02266

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

826

Session of

2015

INTRODUCED BY GINGRICH, CUTLER, HENNESSEY, MACKENZIE, METZGAR,

MILLARD, REGAN, DUNBAR, KNOWLES, BLOOM, RAPP, HEFFLEY,

KAUFFMAN, BAKER, JAMES, TOEPEL, MARSICO, GRELL, PEIFER,

PICKETT, MAHER, MURT, WATSON, WARD, GROVE, GABLER, PHILLIPS-

HILL, LAWRENCE AND MOUL, MARCH 24, 2015

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 17, 2015

AN ACT

Amending Titles 45 (Legal Notices) and 71 (State Government) of

the Pennsylvania Consolidated Statutes, in general

provisions, requiring executive orders to have a fiscal note;

IN EFFECTIVENESS OF DOCUMENTS, FURTHER PROVIDING FOR

EFFECTIVE DATE OF DOCUMENTS; in Independent Fiscal Office,

requiring the Independent Fiscal Office to prepare fiscal

notes for executive orders; and making an inconsistent repeal

of certain provisions of The Administrative Code of 1929.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 45 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 510. Fiscal note.

Notwithstanding any other provision of law, each executive

(1) Notwithstanding any other provisi on of law, each

executive order of the Governor which is general and

permanent in nature shall require a fiscal note.

(2) Notwithstanding any rule of the Senate or the House

of Representatives to the contrary, each bill or resolution

which projects or proposes an increase or decrease in

Commonwealth revenue or expenditures for human services

programs, including child welfare, subsidized child care,

addiction treatment and prevention, mental health, domestic

violence, developmental disabilities, homelessness prevention

and senior citizens home care and transportation services,

shall require a fiscal analysis prior to consideration by the

appropriate standing committee of the chamber in which the

bill or resolution was initially introduced.

SECTION 1.1. SECTION 903 OF TITLE 45 IS AMENDED TO READ:

§ 903. EFFECTIVE DATE OF DOCUMENTS.

[NO] (A) GENERAL RULE.--EXCEPT AS PROVIDED UNDER SUBSECTION

(B), NO OTHERWISE VALID DOCUMENT WHICH IS REQUIRED BY OR

PURSUANT TO THIS PART OR BY ANY OTHER PROVISION OF LAW TO BE

PUBLISHED UNDER THIS PART, SHALL BE VALID AS AGAINST ANY PERSON

WHO HAS NOT HAD ACTUAL KNOWLEDGE THEREOF UNTIL SUCH PUBLICATION

HAS BEEN EFFECTED. PUBLICATION SHALL BE DEEMED TO HAVE BEEN

EFFECTED UPON THE DEPOSIT OF THE BULLETIN OR THE PERMANENT

SUPPLEMENT TO THE CODE CONTAINING SUCH DOCUMENT IN THE UNITED

STATES MAIL FOR DISTRIBUTION. THE ISSUE DATE OF THE BULLETIN AND

OF THE PERMANENT SUPPLEMENT TO THE CODE SHALL BE THE DAY OF SUCH

DEPOSIT, AND, IN THE CASE OF THE BULLETIN, SUCH DATE SHALL BE

INDICATED PROMINENTLY UPON THE FIRST PAGE OF EACH ISSUE THEREOF.

(B) EXECUTIVE ORDER.--N O OTHERWISE VALID EXECUTIVE ORDER OF

THE GOVERNOR WHICH IS GENERAL AND PERMANENT IN NATURE SHALL BE

VALID AS AGAINST ANY PERSON UNTIL 60 DAYS AFTER THE PUBLICATION

HAS BEEN EFFECTED UNDER THE PROVISIONS OF THIS TITLE.

Section 2. Section 4104(a) of Title 71 is amended by adding

a paragraph paragraphs to read:

§ 4104. Duties of office.

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(a) Mandatory.--The office shall:

* * *

(8) Notwithstanding any other provision of law, prepare

a fiscal note for each executive order of the Governor which

is general and permanent in nature. 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. The fiscal note

shall be published in the Pennsylvania Bulletin and the

Pennsylvania Code at the same time the executive order is

published. The fiscal note shall provide the following

information:

(i) The designation of the fund out of which the

appropriation providing for expenditures under the action

or procedure shall be made.

(ii) The probable cost for the fiscal year the

program is implemented.

(iii) A projected cost estimate of the program for

each of the five succeeding fiscal years.

(iv) The fiscal history of the program for which

expenditures are to be made.

(v) The probable loss of revenue for the fiscal year

of its implementation.

(vi) A projected loss of revenue from the program

for each of the five succeeding fiscal years.

(vii) The line item, if any, of the General

Appropriation Act or other appropriation act out of which

expenditures or losses of Commonwealth funds shall occur

as a result of the action or procedure.

(viii) The recommendation, if any, of the Secretary

A02266 - 3 -

of the Budget OFFICE and the reasons for the

recommendation.

(9) Notwithstanding any rule of either the Senate or the

House of Representatives to the contrary, beginning January

1, 2016, and if requested by a member of the Appropriations

Committee of the chamber in which the bill or resolution was

introduced, prepare a fiscal analysis for each bill or

resolution which projects or proposes an increase or decrease

in Commonwealth expenditures exceeding $5,000,000 for human

services programs, including child welfare, subsidized child

care, addiction treatment and prevention, mental health,

domestic violence, developmental disabilities, homelessness

prevention and senior citizens home care and transportation

services. The fiscal analysis shall be published in the

Pennsylvania Bulletin and shall include, but not be limited

to, the following:

(i) Whether the proposed bill or resolution would

increase the cost of other State and local programs,

including other human services programs, for the

Commonwealth or its political subdivisions.

(ii) A description of the effect of the projected or

proposed increase or decrease in Commonwealth

expenditures for the human services programs enumerated

in this paragraph.

(iii) A designation of the fund, if applicable, out

of which the appropriation providing for expenditures

under the bill or resolution will be made.

(iv) A forecast of the number of and demographic

information on Commonwealth residents that will be

impacted by the proposed bill or resolution.

A02266 - 4 -

(v) A description of the effect the proposed bill or

resolution will have on the Commonwealth ' s economy,

including on businesses. Such description shall be

evidenced-based and calculated from available data,

including economic forecasts, United States Census Bureau

information and labor statistics.

(vi) If applicable, the long-term impact of the

projected or proposed decreases in Commonwealth

expenditures for the human services programs enumerated

in this paragraph.

(vii) The projected cost savings, if any.

(viii) The projected return on investment that

results from increase in expenditures for the human

services programs enumerated in this paragraph.

(ix) An estimate of the fiscal impact of expenditure

reductions or increases on other Commonwealth or local

human services programs.

* * *

Section 3. Section 612 of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, is repealed

insofar as it is inconsistent with the addition of 71 Pa.C.S §

4104(a)(8).

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

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