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                                                      PRINTER'S NO. 2306

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1728 Session of 2007


        INTRODUCED BY REICHLEY, BAKER, BEAR, BOYD, CAPPELLI, CLYMER,
           CREIGHTON, CUTLER, DALLY, DENLINGER, EVERETT, GEIST,
           GINGRICH, GRELL, HENNESSEY, HUTCHINSON, MACKERETH,
           McILHATTAN, MILNE, PICKETT, QUINN, RAPP, ROSS, RUBLEY,
           SONNEY, THOMAS, VULAKOVICH, WALKO AND WATSON, JULY 13, 2007

        REFERRED TO COMMITTEE ON FINANCE, JULY 13, 2007

                                     AN ACT

     1  Amending the act of April 9, 1929 (P.L.343, No.176), entitled,
     2     as amended, "An act relating to the finances of the State
     3     government; providing for the settlement, assessment,
     4     collection, and lien of taxes, bonus, and all other accounts
     5     due the Commonwealth, the collection and recovery of fees and
     6     other money or property due or belonging to the Commonwealth,
     7     or any agency thereof, including escheated property and the
     8     proceeds of its sale, the custody and disbursement or other
     9     disposition of funds and securities belonging to or in the
    10     possession of the Commonwealth, and the settlement of claims
    11     against the Commonwealth, the resettlement of accounts and
    12     appeals to the courts, refunds of moneys erroneously paid to
    13     the Commonwealth, auditing the accounts of the Commonwealth
    14     and all agencies thereof, of all public officers collecting
    15     moneys payable to the Commonwealth, or any agency thereof,
    16     and all receipts of appropriations from the Commonwealth,
    17     authorizing the Commonwealth to issue tax anticipation notes
    18     to defray current expenses, implementing the provisions of
    19     section 7(a) of Article VIII of the Constitution of
    20     Pennsylvania authorizing and restricting the incurring of
    21     certain debt and imposing penalties; affecting every
    22     department, board, commission, and officer of the State
    23     government, every political subdivision of the State, and
    24     certain officers of such subdivisions, every person,
    25     association, and corporation required to pay, assess, or
    26     collect taxes, or to make returns or reports under the laws
    27     imposing taxes for State purposes, or to pay license fees or
    28     other moneys to the Commonwealth, or any agency thereof,
    29     every State depository and every debtor or creditor of the
    30     Commonwealth," further providing for disposition of the
    31     Budget Stabilization Reserve Fund.


     1     The General Assembly of the Commonwealth of Pennsylvania
     2  hereby enacts as follows:
     3     Section 1.  Section 1703-A of the act of April 9, 1929
     4  (P.L.343, No.176), known as The Fiscal Code, added June 29, 2002
     5  (P.L.614, No.91), is amended to read:
     6  Section 1703-A.  Disposition of Budget Stabilization Reserve
     7                     Fund.
     8     (a)  Purpose.--It is the intent of the General Assembly that:
     9         (1)  Money from the Budget Stabilization Reserve Fund be
    10     appropriated only when emergencies involving the health,
    11     safety or welfare of the residents of this Commonwealth or
    12     downturns in the economy resulting in significant
    13     unanticipated revenue shortfalls cannot be dealt with through
    14     the normal budget process.
    15         (2)  Money in the Budget Stabilization Reserve Fund shall
    16     not be used primarily to begin new programs but to provide
    17     for the continuation of vital public programs in danger of
    18     being eliminated or severely reduced due to financial
    19     problems resulting from the economy.
    20     (b)  Appropriation.--[Whenever]
    21         (1)  Except as provided in paragraph (2), whenever the
    22     Governor determines that an appropriation from the Budget
    23     Stabilization Reserve Fund is necessary to meet emergencies
    24     involving the health, safety or welfare of the residents of
    25     this Commonwealth or to counterbalance downturns of the
    26     economy which result in significant unanticipated revenue
    27     shortfalls, the Governor shall present a request for an
    28     appropriation along with the specifics of the proposal and
    29     suggested ancillary and substantive legislation as may be
    30     necessary to the chairman of Appropriations Committee of the
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     1     Senate and the chairman of the Appropriations Committee of
     2     the House of Representatives. The General Assembly may then
     3     through approval of a separate appropriation bill by a vote
     4     of two-thirds of the members elected to the Senate and the
     5     House of Representatives appropriate money from the Budget
     6     Stabilization Reserve Fund to meet the needs identified in
     7     the Governor's proposal. Any money appropriated according to
     8     this section which has then lapsed shall be returned to the
     9     Budget Stabilization Reserve Fund.
    10         (2)  Within ten days of the creation of the Disease
    11     Management Tax Credit Fund, the amount of $20,000,000 shall
    12     be transferred from the Budget Stabilization Reserve Fund to
    13     the Disease Management Tax Credit Fund.
    14     Section 2.  This act shall take effect in 60 days.











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