Trial Engrossment of Amendment A07164 to Senate Bill 1032 P.N. 1438, Regular Session 2017-2018

A07164

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1032

Session of

2018

INTRODUCED BY DINNIMAN, JANUARY 26, 2018

REFERRED TO EDUCATION, JANUARY 26, 2018

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in preliminary provisions, further

providing for Keystone Exams and for powers and duties of the

Secretary of Education; and, in State Board of Education,

further providing for powers and duties of the board.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 121, 124 and 2603-B of the act of March

10, 1949 (P.L.30, No.14), known as the Public School Code of

1949, are amended by adding a subsection subsections to read:

Section 121. Keystone Exams.--* * *

Education under the "Regulatory Review Act," on the same date

that pursuant to the "Regulatory Review Act" the State Board of

Education submits a proposed regulation for or related to the

implementation of Keystone Exams under this section to the

Legislative Reference Bureau for publication of notice of

proposed rulemaking in the Pennsylvania Bulletin as required by

the act of July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law, and thereafter on the same date the

State Board of Education submits the text of the final-form

regulation to the Independent Regulatory Review Commission, the

State Board of Education shall submit to the chairman and

minority chairman of the Education Committee of the Senate and

the chairman and minority chairman of the Education Committee of

the House of Representatives a detailed fiscal impact statement

that the proposed or final-form regulation will have on the

Commonwealth, the communities, the school districts and, if

applicable, private and private religious schools. The detailed

fiscal impact statement shall include a comprehensive fiscal

note of all direct and indirect costs whether incurred in

preparation of the proposed or final-form regulation or which

will be required as a result of the promulgation of the

regulation to the State Board of Education's best dollar

estimate. The State Board of Education may include narrative

statements to accompany the best dollar estimate, but may not do

so in lieu of detailed best estimated dollar amounts.

* * *

Section 124. Powers and Duties of the Secretary of

Education.--* * *

(c.1) (1) In addition to the requirements contained in the

"Regulatory Review Act" and the requirements contained in the

act of July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law, the Department of Education shall

submit to the the chair and minority chair of the Education

Committee of the Senate and the the chair and minority chair of

the Education Committee of the House of Representatives a fiscal

impact statement which describes in detail the impact that a

A07164 - 2 -

proposed regulation or final-form regulation would have on the

Commonwealth, taxpayers, school districts and, if applicable,

private schools and private religious schools. The fiscal impact

statement shall be submitted on the same date that the

Department of Education submits a proposed regulation to the

Legislative Reference Bureau for publication of notice of

proposed rulemaking in the Pennsylvania Bulletin. The fiscal

impact statement shall include a comprehensive itemization of

all direct and indirect costs, whether incurred in preparation

of the proposed or final-form regulation, contracting for

services or otherwise required to implement the regulation, to

the Department of Education's best estimate. The Department of

Education may include narrative statements to accompany an

estimate, but may not do so in lieu of a detailed estimate of

the amounts.

(2) On the same date the Department of Education submits the

text of a final-form regulation to the Independent Regulatory

Review Commission, the Department of Education shall submit to

the chair and minority chair of the Education Committee of the

Senate and the chair and minority chair of the Education

Committee of the House of Representatives an updated fiscal

impact statement which reflects any changes occurring during the

regulatory review process. Upon submission of a final-form

regulation, the Department of Education may submit, in lieu of

its own statement, the fiscal note prepared by the Office of the

Budget pursuant to section 612 of the act of April 9, 1929

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

* * *

Section 2603-B. Powers and Duties of the Board.--* * *

(l) Notwithstanding any other provision of law to the

A07164 - 3 -

contrary, the board shall require that each regulation prepared

by the State Board of Education, the Council of Basic Education

or the Council of Higher Education under section 2604-B and

promulgated by the board under the act of June 25, 1982

(P.L.633, No.181), known as the "Regulatory Review Act,"

includes shall include , insofar as the regulation relates to

costs to the Commonwealth, the fiscal impact statement required

under section 124(c.1) or the fiscal note prepared by the Office

of the Budget under section 612 of the act of April 9, 1929

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

Section 2. This act shall take effect in 60 days.

A07164 - 4 -