Bill Text: PA HB1403 | 2009-2010 | Regular Session | Introduced

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Bill Title: An Act amending the act of August 4, 1959 (P.L.587, No.195), entitled, as amended, "An act creating and establishing the Legislative Budget and Finance Committee; providing for its membership; prescribing its powers, functions and duties; providing for the appointment of an executive director and other personnel, and making an appropriation," further providing for title of act; adding definitions; changing the name of the committee; further providing for powers and duties of committee; providing for implementation; and making editorial changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-09-28 - Referred to APPROPRIATIONS [HB1403 Detail]

Download: Pennsylvania-2009-HB1403-Introduced.html

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PRINTER'S NO. 4381
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1403 Session of2010
INTRODUCED BY D. EVANS, SEPTEMBER 28, 2010
REFERRED TO COMMITTEE ON APPROPRIATIONS, SEPTEMBER 28, 2010
AN ACT
Amending the act of August 4, 1959 (P.L.587, No.195), entitled,
as amended, "An act creating and establishing the Legislative
Budget and Finance Committee; providing for its membership;
prescribing its powers, functions and duties; providing for
the appointment of an executive director and other personnel,
and making an appropriation," further providing for title of
act; adding definitions; changing the name of the committee;
further providing for powers and duties of committee;
providing for implementation; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of August 4, 1959 (P.L.587,
No.195), entitled "An act creating and establishing the
Legislative Budget and Finance Committee; providing for its
membership; prescribing its powers, functions and duties;
providing for the appointment of an executive director and other
personnel, and making an appropriation," amended September 20,
1961 (P.L.1521, No.645), is amended to read:
AN ACT
Creating and establishing the [Legislative Budget and Finance
Committee] Independent Fiscal Office providing for its
membership; prescribing its powers, functions and duties; and
providing for the appointment of an executive director and
other personnel[, and making an appropriation].
Section 2. Section 1 of the act is repealed:
[Section 1. There is hereby created the Legislative Budget
and Finance Committee which shall consist of the President pro
tempore of the Senate and five other members of the Senate, the
Speaker of the House of Representatives and five other members
of the House. The President pro tempore of the Senate shall
appoint the Majority Leader of the Senate, the Minority Leader
of the Senate and three additional members of the Senate. Two of
the three additional members shall be members of the Minority
party. The President pro tempore of the Senate, the Majority
Leader and the Minority Leader may designate other members of
the Senate to be appointed in their stead. The Speaker of the
House of Representatives shall appoint the Majority Leader of
the House of Representatives, the Minority Leader of the House
of Representatives and three additional members of the House.
Two of the three additional members shall be members of the
Minority Party. The Speaker of the House, the Majority Leader
and the Minority Leader may designate other members of the House
to be appointed in their stead. Members of the committee shall
be appointed or reappointed during each regular session of the
General Assembly, and shall continue as members until the first
Tuesday in January of the next odd-numbered year and until their
respective successors shall be appointed, provided they continue
to be members of the Senate or the House of Representatives. The
term of office of such committee members as shall not continue
to be members of the Senate or the House of Representatives
shall cease upon the convening of the next regular session of
the Legislature after their appointment. The committee has a
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continuing existence and may meet and conduct its business at
any place within the Commonwealth during the sessions of
Legislature or any recess thereof and in the interim between
sessions.]
Section 3. The act is amended by adding sections to read:
Section 1.1. Short title.
This act shall be known and may be cited as the Independent
Fiscal Office Act.
Section 1.2. 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:
"Committee." The committee established by this act.
"Executive director." The director of the Independent Fiscal
Office.
"Office." The Independent Fiscal Office established by this
act.
Section 1.3. Independent Fiscal Office.
The Independent Fiscal Office is established and shall be
overseen by a committee consisting of the President pro tempore
of the Senate and five other members of the Senate, the Speaker
of the House of Representatives and five other members of the
House of Representatives. The President pro tempore of the
Senate shall appoint the Majority Leader of the Senate, the
Minority Leader of the Senate and three additional members of
the Senate. Two of the three additional members shall be members
of the minority party. The President pro tempore of the Senate,
the Majority Leader of the Senate and the Minority Leader of the
Senate may designate other members of the Senate to be appointed
in their stead. The Speaker of the House of Representatives
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shall appoint the Majority Leader of the House of
Representatives, the Minority Leader of the House of
Representatives and three additional members of the House of
Representatives. Two of the three additional members shall be
members of the minority party. The Speaker of the House of the
Representatives, the Majority Leader of the Representatives and
the Minority Leader of the Representatives may designate other
members of the House of the Representatives to be appointed in
their stead. Members of the committee shall be appointed or
reappointed during each regular session of the General Assembly,
and shall continue as members until the first Tuesday in January
of the next odd-numbered year and until their respective
successors shall be appointed, provided they continue to be
members of the Senate or the House of Representatives. The term
of office of such committee members as shall not continue to be
members of the Senate or the House of Representatives shall
cease upon the convening of the next regular session of the
Legislature after their appointment. The committee has a
continuing existence and may meet and conduct its business at
any place within this Commonwealth during the sessions of
Legislature or any recess thereof and in the interim between
sessions.
Section 4. Section 2 of the act is amended to read:
Section 2. Basic functions of committee.
The committee shall have the power and duty to appoint its
own chairman, vice-chairman and other officers, to make rules
and regulations governing its proceedings and [to perform either
through the Legislative Budget and Finance Committee, or through
subcommittees of the Legislative Budget and Finance Committee,]
those of the office, in order to ensure that the office performs
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all of its duties and functions relating to the study of the
revenues, expenditures and fiscal problems of the Commonwealth,
its officers, boards, committees, commissions, institutions and
other State agencies.
Section 5. The act is amended by adding sections to read:
Section 2.1. Executive director.
The committee shall appoint an executive director for the
office and shall fix the executive director's compensation. The
executive director shall be the chief executive officer of the
office and shall assist the committee in the performance of its
duties. The executive director, by continuous review of
Commonwealth expenditures, revenues and analysis of the budget
shall ascertain the facts, compare cost, workload and other
data, and the executive director shall make recommendations
concerning the Commonwealth's budget and revenue, including the
revenue of the departments, boards, commissions and agencies of
the Commonwealth.
Section 2.2. Personnel.
The executive director, with the approval of the committee,
is authorized to employ other personnel to perform the duties of
the office. Compensation shall be fixed by the director with the
approval of the committee. The director shall have such other
duties as shall be assigned to him by the committee or by law.
Section 6. Section 3 of the act, amended September 20, 1961
(P.L.1521, No.645), is amended to read:
Section 3. Powers and duties of office.
The [committee] office shall have the following powers and
duties:
[(1) The committee shall have power to request, receive,
review, examine, study, ascertain and compare fiscal information
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concerning the budget, the revenues and expenditures of the
Commonwealth and to make recommendations to the Legislature,
when found advisable, directed to the elimination of unnecessary
expenditures and to the promotion of economy in the government
of the Commonwealth.]
(1.1) To provide an assessment of the Commonwealth's current
fiscal condition and a projection of what the fiscal condition
will be during the next five years, by November 15 of each year.
The assessment shall take into account the state of the economy,
demographics, revenues and expenditures.
(1.2) To submit a revenue estimate for the next fiscal year
to the Governor, the Appropriations Committee of the Senate and
the Appropriations Committee of the House of Representatives by
the fifteenth of February of each year. The estimate shall
include an explanation of the method by which it was determined
and shall state both Federal and Commonwealth revenues
anticipated for the next fiscal year.
(1.3) To submit an updated revenue estimate for the next
fiscal year to the Governor, the Appropriations Committee of the
Senate and the Appropriations Committee of the House of
Representatives no later than June 15 of each year.
(1.4) To develop and use econometric models to annually
forecast Commonwealth revenues and to update the models. The
office shall make the equations of a model and any historic
databases related to the model available to the Appropriations
Committee of the Senate and the Appropriations Committee of the
House of Representatives.
(1.5) To provide an analysis of the executive budget,
including budgetary projections, economic outlook, economic
impact and an analysis of all related tax and revenue proposals.
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The budget analysis may include performance recommendations to
secure greater efficiency and economy.
(1.6) To request, receive, review, examine, study, ascertain
and compare fiscal information concerning the budget, the
revenues and the expenditures of the Commonwealth.
(2) To make current examination and, when pertinent, reports
concerning the current condition of all [State] Commonwealth
funds, appropriations and other moneys, whether or not such
appropriations are being currently expended for the purposes and
within the statutory restrictions provided by the [Legislature]
General Assembly, and concerning the current availability of
revenue to meet expenditures under appropriations.
(3) [The committee shall] To report to the General Assembly
when they are in session, the Governor and the Auditor General,
when it appears that any appropriation is being expended for
purposes other than the purposes for which the appropriation was
intended, or if it appears that any statutory restrictions or
provisions are being violated.
(4) [The committee shall] To make reports, from time to
time, to the members of the [Legislature] General Assembly and,
upon request, to the standing committees of the Senate and House
of Representatives with respect to any of its findings or
recommendations of a fiscal nature. [It shall keep complete
minutes of its meetings. The committee shall make and distribute
its final report to the members of the ensuing Legislature not
later than ten days after the convening of the regular session
of the Legislature.]
(5) [The committee may] To issue subpoenas, under the hand
and seal of the [chairman] executive director, to compel the
attendance of witnesses and the production of any papers, books,
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accounts, documents and testimony touching matters of a fiscal
nature properly being inquired into by the [committee] office,
to administer oaths, and to cause the deposition of witnesses,
either residing within or without [the State] this Commonwealth,
to be taken in the manner prescribed by laws for taking
depositions in civil actions.
(5.1) To establish an Internet website.
[(6) Any person who wilfully neglects or refuses to comply
with any subpoena issued in behalf of the committee, or refuses
to testify to any matters regarding which he may be lawfully
interrogated, shall be subject to the penalties provided by the
laws of the Commonwealth in such cases.
(7) Each witness who appears before the committee by its
order, other than an officer or employe of the Commonwealth,
shall receive for his attendance the fees and mileage provided
for witnesses in civil cases in courts of record, which shall be
audited and paid out of the funds of the committee upon the
presentation of proper vouchers signed by such witness and
approved by the chairman or vice-chairman of the committee.
(8) The Legislative Budget and Finance Committee is
authorized to appoint an executive director, and to fix his
compensation, who shall be the chief executive officer of the
committee and assist in its duties, and shall compile
information for the committee. The committee is authorized to
select and employ other personnel that it may deem necessary in
the performance of its duties, and the compensation and salaries
shall be fixed by the Legislative Budget and Finance Committee.]
Section 7. The act is amended by adding sections to read:
Section 3.1. Implementation.
The duties of the office under section 3(1.1), (1.2), (1.3),
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(1.4) and (1.5) shall not commence until the committee
determines, by majority vote, that there are sufficient funds
appropriated or made available to the office for payment of the
costs to perform the duties under section 3(1.1), (1.2), (1.3),
(1.4) and (1.5).
Section 3.2. Enforcement of subpoenas.
Any person who wilfully neglects or refuses to comply with
any subpoena issued on behalf of the office, or who refuses to
testify to any matters regarding which he may be lawfully
interrogated, shall be subject to the penalties provided by the
laws of the Commonwealth in such cases.
Section 3.3. Witnesses.
Each witness who appears before the office by its order,
other than an officer or employee of the Commonwealth, shall
receive for the witness' attendance the fees and mileage
provided for witnesses in civil cases in courts of record, which
shall be audited and paid out of the funds of the office upon
the presentation of proper vouchers signed by the witness and
approved by the executive director.
Section 8. Section 4 of the act, amended September 20, 1961
(P.L.1521, No.645), is repealed:
[Section 4. The duties of the executive director shall be as
follows:
(1) By continuous review of State expenditures, revenues and
analysis of budget to ascertain the facts, compare cost,
workload and other data, and make recommendations concerning the
State's budget and revenue of the departments, boards,
commissions and agencies of the Commonwealth.
(2) Such other duties as shall be assigned to him by the
Legislative Budget and Finance Committee.]
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Section 9. Sections 5 and 6 of the act are amended to read:
Section 5. Reimbursement of expenses.
The members of the committee shall serve without compensation
but shall be reimbursed for their expenses incurred while
attending sessions of the committee or meetings of any
subcommittee of the committee, or while engaged on other
committee business authorized by the committee, and in going to
and coming from meetings of the committee or its subcommittees
or for travel and other committee business when authorized by
the committee.
Section 6. Opportunity to comment.
Before any written report is made by the [committee] office,
the department, officer or agency of the government involved
[therein] in the report shall be afforded an opportunity to
comment[,] and [said] the comments shall be attached to [said]
the report.
Section 10. Section 7 of the act, amended September 20, 1961
(P.L.1521, No.645), is repealed:
[Section 7. The sum of two hundred thousand dollars
($200,000), or as much thereof as may be necessary, is hereby
specifically appropriated to the Legislative Budget and Finance
Committee to pay the expenses of the members of the committee
and for the salary or compensation of executive director,
clerical and other hire and incidental expenses.]
Section 11. Section 8 of the act is amended to read:
Section 8. Effective date.
This act shall take effect [the day following sine die
adjournment of the present session of the General Assembly]
immediately.
Section 12. This act shall take effect in 60 days.
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