Bill Text: PA HB1033 | 2011-2012 | Regular Session | Introduced

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Bill Title: Requiring fiscal notes and a continuing study of all legislation, regulations and court decisions having a fiscal impact on public schools; and providing that mandatory educational programs need not be implemented until funding for the cost of the program is provided for by the General Assembly.

Spectrum: Strong Partisan Bill (Republican 28-2)

Status: (Introduced - Dead) 2011-03-14 - Referred to EDUCATION [HB1033 Detail]

Download: Pennsylvania-2011-HB1033-Introduced.html

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PRINTER'S NO. 1120
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1033 Session of2011
INTRODUCED BY CUTLER, AUMENT, BOYD, CLYMER, EVERETT, GABLER, GRELL, GROVE, HESS, HICKERNELL, HORNAMAN, KAUFFMAN, LAWRENCE, METZGAR, MILLER, MILNE, MOUL, PYLE, QUINN, READSHAW, ROAE, ROCK, SAYLOR, SIMMONS, STERN, SWANGER, TALLMAN, TOEPEL AND VULAKOVICH, MARCH 14, 2011
REFERRED TO COMMITTEE ON EDUCATION, MARCH 14, 2011
AN ACT
Requiring fiscal notes and a continuing study of all
legislation, regulations and court decisions having a fiscal
impact on public schools; and providing that mandatory
educational programs need not be implemented until funding
for the cost of the program is provided for by the General
Assembly.
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 Public School
Fiscal Impact Act.
Section 2. Legislative intent.
It is the intent of the General Assembly to provide an
ongoing mechanism to monitor fiscal impacts on public schools,
to review proposed changes and reforms in the public schools and
to review relevant statutes.
Section 3. 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:
"Committee." For a bill introduced in the Senate, the
Education Committee of the Senate. For a bill introduced in the
House of Representatives, the Education Committee of the House
of Representatives.
"Department." The Department of Education of the
Commonwealth.
Section 4. Powers and duties.
The committee shall have the following powers and duties:
(1) To analyze any bill relating to public schools or
public school fiscal policy and to issue a fiscal note
thereto in a timely fashion. The fiscal note shall be
submitted to the Governor and the General Assembly and shall
include an assessment of the fiscal impact, feasibility and
cost of the legislation.
(2) To monitor and evaluate from time to time all the
laws and systems thereunder which relate to public school
fiscal policy in this Commonwealth.
(3) To study the relationship of public school fiscal
policy to other aspects of public school policy and to the
effective operation of government generally.
(4) To recommend to the General Assembly a change in the
process by which public school legislation having a fiscal
impact on the Commonwealth or public schools is analyzed and
acted upon by the General Assembly.
(5) To issue fiscal impact notes under section 5.
(6) To issue fiscal impact studies under section 6.
Section 5. Fiscal impact notes.
(a) Note required for bills.--No bill proposing any change
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relative to the imposition or expansion of a mandate on public
schools shall be given second consideration in either house of
the General Assembly until the committee has attached a fiscal
impact note which shall include a reliable estimate of the cost
and fiscal effect of the proposed change in the public schools.
(b) Note required for amendments.--No amendment to any bill
concerning the imposition or expansion of a mandate on public
schools shall be considered by either house of the General
Assembly until a fiscal impact note has been attached.
(c) Contents of note.--The fiscal impact note shall be
factual and shall, if possible, provide a reliable estimate of
both the immediate cost and effect of the bill and, if
determinable or reasonably foreseeable, the long-range cost and
effect of the measure.
(d) Note for proposed constitutional amendment.--The
committee shall issue a fiscal impact note for any joint
resolution proposing an amendment to the Constitution of
Pennsylvania concerning the imposition or expansion of a mandate
on public schools, which initially passes either house of the
General Assembly. If the joint resolution is subsequently
amended and passes either house of the General Assembly, a new
fiscal impact note shall be prepared.
Section 6. Fiscal impact study.
The committee shall conduct a fiscal impact study on any
department regulation, enacted law or judicial decision of an
action in which the department is a party to determine how costs
imposed by the regulation, act or decision will be allocated
between the State and local school districts.
Section 7. Reports to be public information.
All reports and analyses compiled by the committee shall be
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public records and shall be available for public inspection at
the offices of the committee during the usual business hours of
the Commonwealth.
Section 8. State-mandated programs.
Notwithstanding any other provision of the act of March 10,
1949 (P.L.30, No.14), known as the Public School Code of 1949,
the board of school directors in any school district is not
required to implement any mandatory educational program enacted
through statute, regulation or standard until such time as the
General Assembly enacts a method to pay for, and an
appropriation sufficient to fund, the additional costs of the
program.
Section 9. Effective date.
This act shall take effect in 60 days.
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