Regular Session 2015-2016 Senate Bill 0627 P.N. 0623

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,

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.

(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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