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PRINTER'S NO. 3016
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2070
Session of
2018
INTRODUCED BY ORTITAY, BERNSTINE, COX, ENGLISH, IRVIN, KEEFER,
B. MILLER, RADER, ROTHMAN, RYAN, WARD AND ZIMMERMAN,
FEBRUARY 12, 2018
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 12, 2018
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled,
as amended, "An act providing for and reorganizing the
conduct of the executive and administrative work of the
Commonwealth by the Executive Department thereof and the
administrative departments, boards, commissions, and officers
thereof, including the boards of trustees of State Normal
Schools, or Teachers Colleges; abolishing, creating,
reorganizing or authorizing the reorganization of certain
administrative departments, boards, and commissions; defining
the powers and duties of the Governor and other executive and
administrative officers, and of the several administrative
departments, boards, commissions, and officers; fixing the
salaries of the Governor, Lieutenant Governor, and certain
other executive and administrative officers; providing for
the appointment of certain administrative officers, and of
all deputies and other assistants and employes in certain
departments, boards, and commissions; providing for judicial
administration; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," in Commonwealth budget
procedures, further providing for fiscal notes, providing for
adoption of expenditure limitations and for form of
appropriation acts and further providing for revenue
estimates; and, in Independent Fiscal Office, further
providing for revenue estimates.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 612(7) of the act of April 9, 1929
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(P.L.177, No.175), known as The Administrative Code of 1929, is
amended to read:
Section 612. Fiscal Notes.--The Office of the Budget shall
prepare a fiscal note for regulatory actions and administrative
procedures of the administrative departments, boards,
commissions, or authorities, receiving money from the State
Treasury. 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. Any such regulatory action or administrative
procedure which requires a fiscal note shall be published in the
Pennsylvania Bulletin. The fiscal note shall be published in the
Pennsylvania Bulletin at the same time the proposed change is
advertised. The fiscal note shall provide the following
information:
* * *
(7) The line item, if any, of [the General Appropriation Act
or other] an appropriation act out of which expenditures or
losses of Commonwealth funds shall occur as a result of the
action or procedures.
* * *
Section 2. The act is amended by adding sections to read:
Section 613.1. Adoption of Expenditure Limitations.--(a) No
later than June 1 of each year, the General Assembly shall adopt
expenditure limitations for the ensuing fiscal year by
concurrent resolution.
(b) The expenditure limitations shall contain the following:
(1) The total amount of State revenues which will be
available for each appropriation for the ensuing fiscal year.
(2) A description of measures which may be necessary to
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generate State revenue for the ensuing fiscal year and the
estimated amount of State revenue which will be generated by
each measure.
(3) The available Federal funds for the ensuing fiscal year.
(4) The available funds from other sources for the ensuing
fiscal year.
(5) The amount of State revenues, Federal funds and funds
from other sources which are available to be appropriated for
each agency or department for the ensuing fiscal year.
(c) The General Assembly may not enact an appropriations act
in a fiscal year if the General Assembly fails to adopt
expenditure limitations as specified under this section.
Section 613.2. Form of Appropriations Acts.--(a) An
appropriations act may not appropriate funds for more than one
agency or department.
(b) An appropriations act may not appropriate funds for an
agency or department which exceed the amount specified for the
agency or department in the expenditure limitations under
section 613.1.
Section 3. Sections 618(a) and (b) and 605-B(b)(1) and (2)
of the act are amended to read:
Section 618. Revenue Estimates.--(a) [The Department of
Revenue in conjunction with the Secretary of the Budget shall
make revenue estimates for the use of the Governor in preparing
the budget with periodic revisions until the final estimate is
signed by the Governor not later than the time he signs the
general appropriation bill. The revenue estimates used to sign
any appropriation bill shall show separately State revenues,
Federal funds, and, if specifically appropriated, funds from
other sources.] Prior to signing an appropriations bill, the
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Governor shall sign the concurrent resolution adopting
expenditure limitations under section 613.1. The Governor shall
item veto any part of any appropriation bill that causes total
appropriations to exceed the [official estimate plus any
unappropriated surplus. No changes in the revenue estimates
shall be made thereafter unless changes in statutes affecting
revenues and receipts are enacted.
(b) The revenue estimates shall be prepared in a way that
they are subject to complete and thorough oversight by the
Appropriations Committees of the Senate and the House of
Representatives with full knowledge of all data, assumptions,
and econometric models which were used to develop the
projections and any subsequent revisions of these projections.]
expenditure limitations under section 613.1. No changes in the
expenditure limitations under section 613.1 shall be made
thereafter unless changes in statutes affecting revenues and
receipts are enacted and a revision of the expenditure
limitations under section 613.1 is adopted.
* * *
Section 605-B. Revenue estimates.
* * *
(b) Official revenue estimate.--
(1) By [June] May 15 of each year, the office shall
submit an official revenue estimate for the next fiscal year.
(2) A revenue estimate submitted under this section
shall be considered by the Governor and the General Assembly
as the amount of revenue which may be considered for [the
general appropriation] an appropriations act for the ensuing
fiscal year unless the General Assembly or the Governor
determines that revenues are greater than or less than the
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estimate provided under this section. The office may amend
the revenue estimate under this section if changes in law
affecting revenues and receipts are enacted or proposed to be
enacted with the annual State budget or unless significant
changes in economic assumptions occur prior to June 30. The
office shall submit the amended revenue estimate to the
General Assembly within 10 days of the change.
* * *
Section 4. This act shall take effect in 60 days.
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