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PRINTER'S NO. 623
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
627
Session of
2015
INTRODUCED BY WOZNIAK, FONTANA, BREWSTER, MENSCH, YUDICHAK,
COSTA AND BOSCOLA, MARCH 13, 2015
REFERRED TO FINANCE, MARCH 13, 2015
AN ACT
Establishing the Real Rainy Day Fund; and providing for the
deposit of a portion of the liquor tax into the fund and for
use of fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Real Rainy
Day Fund Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Disaster emergency." As defined in 35 Pa.C.S. § 7102
(relating to definitions).
"Fund." The Real Rainy Day Fund established in section 3.
"Liquor tax." The tax imposed in accordance with the act of
June 9, 1936 (1st Sp.Sess., P.L.13, No.4), entitled "An act
imposing an emergency State tax on liquor, as herein defined,
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sold by the Pennsylvania Liquor Control Board; providing for the
collection and payment of such tax; and imposing duties upon the
Department of Revenue and the Pennsylvania Liquor Control
Board."
"Liquor tax rate." The rate of tax imposed under section 2
of the act of June 9, 1936 (1st Sp.Sess., P.L.13, No.4),
entitled "An act imposing an emergency State tax on liquor, as
herein defined, sold by the Pennsylvania Liquor Control Board;
providing for the collection and payment of such tax; and
imposing duties upon the Department of Revenue and the
Pennsylvania Liquor Control Board."
Section 3. Real Rainy Day Fund.
The Real Rainy Day Fund is established as a special fund in
the State Treasury. The money of the fund is appropriated on a
continuing basis to carry out the provisions of this act.
Section 4. Deposit of liquor tax.
Notwithstanding section 2 of the act of June 9, 1936 (1st
Sp.Sess., P.L.13, No.4), entitled "An act imposing an emergency
State tax on liquor, as herein defined, sold by the Pennsylvania
Liquor Control Board; providing for the collection and payment
of such tax; and imposing duties upon the Department of Revenue
and the Pennsylvania Liquor Control Board," all revenues
received by the Commonwealth under the imposition of the liquor
tax shall be deposited by the Department of Revenue as follows:
(1) The revenues derived from the first 20% of the
liquor tax rate shall be deposited in the fund.
(2) The remainder shall be deposited in the General
Fund.
Section 5. Use of fund.
(a) Annual report.--The Governor shall report on the fund in
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the annual budget, which shall include the amounts allocated
under this section.
(b) Allocations.--
(1) The first $250,000,000 deposited in the fund during
a fiscal year may be used by the Governor for providing
disaster relief grants or loans to the citizens of this
Commonwealth who sustained property damage as a result of a
disaster emergency for which the Governor issued an executive
order or declaration under 35 Pa.C.S. § 7301 (relating to
general authority of Governor).
(2) Any money deposited in the fund or interest that
accrues in the fund during a fiscal year in excess of the
first $250,000,000 deposited in the fund may be used by the
Governor to repair roads and bridges that failed their most
recent inspection by the Department of Transportation of the
Commonwealth.
(3) Notwithstanding the provisions of paragraphs (1) and
(2) and subject to subsection (c), the money of the fund may
be used for such other purposes as provided by law.
(c) Appropriations for other purposes.--
(1) Whenever the Governor determines that an
appropriation from the fund is necessary to meet emergencies
involving the health, safety or welfare of the residents of
this Commonwealth or to counterbalance downturns of the
economy which result in significant unanticipated revenue
shortfalls, the Governor shall present a request for an
appropriation along with the specifics of the proposal and
suggested ancillary and substantive legislation as may be
necessary to the chairman of the Appropriations Committee of
the Senate and the chairman of the Appropriations Committee
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of the House of Representatives.
(2) The General Assembly may then through approval of a
separate appropriation bill by a vote of two-thirds of the
members elected to the Senate and the House of
Representatives appropriate money from the fund to meet the
needs identified in the Governor's proposal.
(3) Any money appropriated according to this subsection
that has then lapsed shall be returned to the fund, subject
to the provisions of subsection (d).
(d) Transfer to General Fund.--Any balance in the fund that
remains unallocated after the application of subsection (b)
shall be transferred to the General Fund on or before June 30 of
each fiscal year.
Section 6. Repeals.
All acts and parts of acts are repealed insofar as they are
inconsistent with this act.
Section 7. Applicability.
This act shall apply to the fiscal year beginning after the
effective date of this section and to each fiscal year
thereafter.
Section 8. Effective date.
This act shall take effect immediately.
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