PRINTER'S NO. 2392
No. 1835 Session of 2001
INTRODUCED BY LaGROTTA, McCALL, GEORGE, BELFANTI, STABACK,
GORDNER, SURRA, DALEY, CALTAGIRONE, TRICH, MELIO, YUDICHAK,
MANDERINO, YOUNGBLOOD, BROWNE, HARHAI, LAUGHLIN, C. WILLIAMS,
JOSEPHS, SAINATO, JAMES, PALLONE, FREEMAN, STETLER,
J. WILLIAMS AND STEELMAN, JUNE 22, 2001
REFERRED TO COMMITTEE ON APPROPRIATIONS, JUNE 22, 2001
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," further providing for
21 revenue estimates, for budget information, for budget
22 implementation data and for electronic access to information;
23 and providing for the Independent Fiscal Review Board.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Sections 618 and 619 of the act of April 9, 1929
27 (P.L.177, No.175), known as The Administrative Code of 1929,
1 added September 27, 1978 (P.L.775, No.149), are amended to read:
2 Section 618. Revenue Estimates.--(a) The Department of
3 Revenue in conjunction with the Secretary of the Budget shall
4 make revenue estimates for the use of the Governor in preparing
5 the budget with periodic revisions until the final estimate is
6 signed by the Governor not later than the time he signs the
7 general appropriation bill. The revenue estimates used to sign
8 any appropriation bill shall show separately State revenues,
9 Federal funds, and, if specifically appropriated, funds from
10 other sources. The Governor shall item veto any part of any
11 appropriation bill that causes total appropriations to exceed
12 the official estimate plus any unappropriated surplus. No
13 changes in the revenue estimates shall be made thereafter unless
14 changes in statutes affecting revenues and receipts are enacted.
15 (b) The revenue estimates shall be prepared in a way that
16 they are subject to complete and thorough oversight by the
17 Appropriations Committees of the Senate and the House of
18 Representatives and the Independent Fiscal Review Board with
19 full knowledge of all data, assumptions, and econometric models
20 which were used to develop the projections and any subsequent
21 revisions of these projections.
22 (c) A committee consisting of the Governor, the Secretary of
23 the Budget, the Secretary of Revenue [and the Chairmen], the
24 Chairs of the Appropriations Committees of the Senate and the
25 House of Representatives and the Chair of the Independent Fiscal
26 Review Board is hereby established to oversee the development,
27 maintenance and/or use of econometric models which may be
28 applied in the forecasting of State revenues. A model or models
29 shall be developed for this purpose in the event that one does
30 not currently exist. The Governor's Office shall maintain and
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1 update the model or models or appoint an appropriate agency or
2 agencies to perform this responsibility. The Governor's Office
3 shall inform the Oversight Committee of any changes to be made
4 to the model or models to keep it updated. The equations of the
5 model or models and any historic data bases related thereto
6 shall be available to any member of the Oversight Committee or
7 to the Minority [Chairman] Chair of the Appropriations Committee
8 of the Senate or House of Representatives upon request at any
9 time for any reason. Members of the Oversight Committee or the
10 Minority [Chairman] Chair of the Appropriations Committee of the
11 Senate or the House of Representatives may request the
12 Governor's Office or the appropriate agency to run the model or
13 models for any purpose including the testing of new equations
14 and to produce forecasts. Forecasts produced by the model or
15 models and any forecasted data bases related thereto shall be
16 kept confidential by the Governor's Office and the appropriate
17 agency or agencies producing these forecasts until or unless the
18 individual requesting such forecast shall release them from this
19 requirement. In no way shall this confidentiality provision be
20 construed to prevent access by the Appropriations Committees of
21 the Senate or House of Representatives or the Independent Fiscal
22 Review Board to forecasts used in the preparation of the
23 Governor's revenue estimates after the presentation of the
24 budget as required in section 619(b).
25 Section 619. Transmission of Budget Information to the
26 General Assembly.--(a) In December of each year, the Governor
27 shall meet with the Majority and Minority [Chairmen] Chairs of
28 the Appropriations Committees and the officers of the General
29 Assembly to brief the legislative leadership on the issues he
30 can foresee as being imminent in the budget for the next fiscal
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1 year and exchange views with them on issues on the budget before
2 it is formally submitted to the General Assembly. The Governor's
3 briefing shall include:
4 (1) Major anticipated increases or decreases in programs.
5 (2) The results or anticipated results of employee union
6 negotiations for salaries, wages and other benefits.
7 (3) The statistics involved in preliminary forecasts of the
8 major programs mandated by statute such as education subsidies,
9 all public assistance programs, debt service and forecasts of
10 revenue.
11 (4) Other appropriate budget information.
12 The legislative officers shall also inform the Governor of
13 financial matters which should be considered in the budget.
14 (a.1) At the same time that the Governor presents the budget
15 to the General Assembly, the Governor shall, as provided in
16 section 2808-D, present a documented revenue forecast as defined
17 in section 2802-D.
18 (b) In the year the Governor is inaugurated, the Governor
19 shall present the budget to the General Assembly no later than
20 the first full week in March and in other years, no later than
21 the first full week in February.
22 (c) The budget shall include the results of any program
23 evaluation report completed by the Budget Office in the fiscal
24 year preceding the year in which the budget request is made. The
25 results of the evaluation report and its recommendations shall
26 be summarized and included in the budget documentation.
27 (d) The Governor and each department or agency of the
28 Commonwealth, upon request of the [Chairman] Chair of the
29 Appropriations Committees of either the Senate or the House of
30 Representatives, shall provide documentation of any budget
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1 request, including revenue estimates upon which the Governor's
2 budget estimate is based.
3 Section 2. Section 620 of the act, amended November 26, 1997
4 (P.L.530, No.57), is amended to read:
5 Section 620. Budget Implementation Data.--(a) The Governor
6 shall make monthly expenditure data available to the Majority
7 and Minority [Chairmen] Chairs of the Appropriations Committees
8 of the Senate and the House of Representatives. Monthly data
9 shall be provided within fifteen (15) days after the end of each
10 month. The monthly data shall be prepared in such a way that the
11 last monthly submission is a summary inclusive of the preceding
12 months of the fiscal year and shall be usable to establish a
13 history of expenditure file. This data, at the discretion of the
14 Majority and Minority [Chairmen] Chairs of the Appropriations
15 Committees of the Senate and the House of Representatives may be
16 provided either in finished reports or on computer tapes. The
17 data shall be provided by fund, by appropriation, by department
18 and by organization within each department and shall include:
19 (1) Number of filled personnel positions and their cost.
20 (2) Itemized personnel vacancies and their cost.
21 (3) New positions created and their cost.
22 (4) Wage and overtime costs.
23 (5) Allotments and expenditures for itemized personnel
24 expenses.
25 (6) Allotments and expenditures for itemized operating
26 expenses.
27 (7) Allotments and expenditures for itemized fixed assets.
28 (8) The rate of expenditures in appropriations for major
29 subsidy and grant programs during the month.
30 In addition to the above specified budgetary data, the Governor
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1 shall make available any other budgetary data as may be
2 requested from time to time by the Majority and Minority
3 [Chairmen] Chairs of the Appropriations Committees of the Senate
4 and the House of Representatives.
5 (b) The Governor shall make monthly revenue reports to the
6 Majority and Minority [Chairmen] Chairs of the Appropriations
7 Committees of the Senate and the House of Representatives and
8 the Independent Fiscal Review Board. The revenue reports shall
9 show the actual collection of revenue itemized by source and a
10 comparison of the actual collections with estimated collections
11 for each month. The comparison shall be accompanied by an
12 analysis which would indicate any change in collection patterns
13 which will cause a shortfall or overrun on the annual estimates
14 of more than one per centum (1%).
15 (c) The Governor shall cause to be prepared any other
16 revenue data as may be requested from time to time by the
17 Majority or Minority [Chairmen] Chairs of the Appropriations
18 Committees of the Senate or the House of Representatives and to
19 the Chair of the Independent Fiscal Review Board.
20 Section 3. Section 620.1 of the act, added August 14, 1991
21 (P.L.331, No.35), is amended to read:
22 Section 620.1. Electronic Access [of] to Information.--
23 Except for confidential information, the Majority and Minority
24 [Chairmen] Chairs of the Appropriations Committees of the Senate
25 and House of Representatives and the Chair of the Independent
26 Fiscal Review Board shall have access to all information
27 available on inquiry-only screens through the Integrated Central
28 System.
29 Section 4. The act is amended by adding an article to read:
30 ARTICLE XXVIII-D
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1 POWERS AND DUTIES OF THE INDEPENDENT FISCAL
2 REVIEW BOARD
3 Section 2801-D. Legislative Purpose.--The General Assembly
4 recognizes the continued need for public services which insure
5 the economic and social well-being of individuals and businesses
6 in this Commonwealth. To that end, the General Assembly hereby
7 finds and declares that the Commonwealth should establish an
8 independent entity to:
9 (1) recommend changes which will modernize and reform the
10 State and local revenue system which supports these public
11 services;
12 (2) continually monitor this system;
13 (3) encourage discussion in a public forum of issues and
14 concerns related to this system; and
15 (4) particularly focus on revenue forecasts and legislation
16 affecting the General Fund.
17 The General Assembly further recognizes that the Commonwealth
18 should establish an independent entity which is composed of
19 professionals who are experts in their fields, experts who can
20 encourage debate on whether our State revenue system equitably
21 distributes the burden of payment, promotes economic efficiency
22 and growth, provides appropriate and timely revenues, is easy to
23 understand and easy to administer, and ensures accountability.
24 Section 2802-D. Definitions.--The following words and
25 phrases when used in this article shall have the meanings given
26 to them in this section unless the context clearly indicates
27 otherwise:
28 "Board" means the Independent Fiscal Review Board established
29 in section 2803-D.
30 "Chairs of the Appropriations Committees" means the Majority
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1 Chair and the Minority Chair of the Appropriations Committee of
2 the Senate and the Majority Chair and the Minority Chair of the
3 Appropriations Committee of the House of Representatives.
4 "Council" means the Economic Advisory Council established in
5 section 2809-D.
6 "Documented revenue forecast" means General Fund revenue
7 estimates for the current and succeeding two fiscal years
8 accompanied by supporting documentation which is sufficient for
9 an individual to independently replicate and verify the
10 forecast. Supporting documentation includes, but is not limited
11 to:
12 (1) All reference and data sources used to prepare the
13 forecast.
14 (2) Economic growth assumptions accompanied with supporting
15 rationale.
16 (3) A printout of all historical and forecast data used,
17 including the effective rate of taxes.
18 (4) A printout of all adjustments to historical and forecast
19 data accompanied with supporting rationale where the rationale
20 includes, but is not limited to, a discussion of adjustments due
21 to statutory changes, litigation, and administrative practices.
22 (5) All models used, including econometric, structural and
23 cash flow models.
24 (6) All formulas and calculations used to be accompanied
25 with supporting rationale.
26 "General Fund revenue" means the income sources for the
27 General Fund.
28 "Official estimate" means the official estimate as required
29 under section 618(a) for General Fund revenue.
30 "Revenue system" means the taxes levied by the various taxing
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1 jurisdictions in this Commonwealth.
2 Section 2803-D. Board.--The Independent Fiscal Review Board
3 is established as an independent advisory board.
4 Section 2804-D. Purpose of Board.--The Independent Fiscal
5 Review Board shall prepare periodic advisory General Fund
6 revenue estimates and reports, monitor State and local revenue
7 systems and act as an advisor to the Governor, the General
8 Assembly and the public concerning the following:
9 (1) General Fund revenue forecasts.
10 (2) Economic conditions in this Commonwealth.
11 (3) Trends and developments relevant to revenue systems in
12 this Commonwealth.
13 (4) Other information or analysis related to State and local
14 revenue systems which the Governor or the Chairs of the
15 Appropriations Committees may request or as may be required by
16 law.
17 Section 2805-D. Board Membership.--(a) (1) The Independent
18 Fiscal Review Board shall consist of nine members.
19 (2) The Governor shall appoint one member of the board and
20 each of the Chairs of the Appropriations Committees shall
21 appoint one member of the board. The appointments under this
22 clause shall be made within thirty (30) days of the effective
23 date of this section.
24 (3) The five appointments under clause (2) shall appoint
25 four additional members to the board. The five board
26 appointments must unanimously approve each of the four
27 additional members. The additional four board members shall be
28 appointed within sixty (60) days of the effective date of this
29 section.
30 (4) The board shall by a vote of six of the nine members
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1 elect one of the four additional members to serve as chair of
2 the board.
3 (5) Whenever a vacancy occurs on the board, whether prior to
4 or at the expiration of a term, the vacancy shall be filled
5 within sixty (60) days. All successors shall be appointed by the
6 same appointing authority as the members whom they are
7 replacing.
8 (b) (1) All members of the board shall be skilled and
9 knowledgeable in tax policy, and have at least five years'
10 experience in public finance, economics or accounting. At least
11 three members of the board shall have a minimum of five years'
12 professional economic forecasting experience. At least one
13 member shall have a minimum of five years of corporate tax
14 accounting experience.
15 (2) A member of the board may not be a "lobbyist" as defined
16 in 65 Pa.C.S. § 1303 (relating to definitions).
17 (3) A board member may not be an employe of the executive,
18 legislative or judicial branch of State government.
19 (4) The board members shall not seek or hold a position as
20 any other public official within this Commonwealth or as a party
21 officer while a member of the board. The board members shall not
22 seek election as public officials or party officers for one year
23 after their service with the board. The board members may serve
24 as appointed public officials any time after their period of
25 service with the board.
26 (c) Except as otherwise provided, the board members shall
27 serve a four-year term. Of the nine initial appointments, two
28 shall be appointed for a term of two years, three for a term of
29 three years and four for a term of four years. The chair of the
30 board, whose initial term shall be for four years, shall have
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1 the other appointees draw lots to determine which length of
2 initial term each of them shall serve. Any person appointed to
3 fill a vacancy occurring prior to the expiration of a term shall
4 serve the unexpired term. A board member may be reappointed to
5 serve subsequent terms. If the chair shall become vacant, the
6 board shall elect a new chair as provided in subsection (a)(4).
7 (d) The board shall meet as frequently as it deems
8 appropriate, but at least once during each quarter of the fiscal
9 year. Except as otherwise provided by law, the chair shall be
10 responsible for calling meetings of the board and shall set a
11 date, time and place for such meetings. The member appointed by
12 the Governor shall set a date, time and place for the initial
13 organizational meetings of the board within ten (10) days after
14 the completion of the initial five appointments and within ten
15 (10) days after the completion of the remaining four
16 appointments. In addition, the chair shall call a meeting of the
17 board if a request for such meeting is submitted to the
18 chairperson by at least three members of the board.
19 (e) (1) The chair shall, when present, preside at all
20 meetings. In the chair's absence, a member designated by the
21 board shall preside. Any actions of the chair are subject in
22 every case to majority approval of the board.
23 (2) Five of the members who compose the board shall
24 constitute a quorum for the purpose of conducting the business
25 of the board and for all other purposes except as otherwise
26 provided.
27 (f) The members of the board shall receive reimbursement for
28 actual and necessary expenses incurred while performing the
29 business of the board.
30 Section 2806-D. Powers and Duties of Board.--(a) The
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1 Independent Fiscal Review Board may expend such appropriated
2 funds as are necessary to perform the function provided for in
3 this article.
4 (b) (1) The board shall hire an executive director to aid
5 in carrying out the powers and duties of the board. The chair
6 shall, upon the approval of a majority of the members who
7 compose the board, delegate to the executive director such
8 powers of the board as the chair shall deem necessary to carry
9 out the purposes of the board, subject in every case to the
10 supervision and control of the board. The initial appointment of
11 the executive director shall take place within thirty (30) days
12 after all initial appointments to the board.
13 (2) The executive director shall not seek or hold a position
14 as any other public official within this Commonwealth or as a
15 party officer while filling the position of executive director.
16 The executive director shall not seek election as a public
17 official or party officer for one year after service with the
18 board. The executive director may serve as an appointed public
19 official any time after his period of service with the board.
20 (3) The executive director shall hire support staff as
21 deemed necessary to carry out the duties and requests of the
22 board. The initial chair of the board shall use the staff of the
23 Governor's Office until the executive director has hired
24 necessary support staff.
25 (c) The board shall conduct a comprehensive fiscal review
26 and recommend a proposal, within eighteen (18) months of the
27 effective date of this article, to redesign and modernize the
28 State and local revenue systems as required under section 2808-
29 D. The board shall carry out all of its powers and duties
30 imposed by this article by first addressing and completing its
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1 duties with regard to such comprehensive fiscal review before
2 exercising any of its powers and duties with regard to
3 documented revenue forecasts, fiscal analysis and State and
4 local revenue systems as provided in subsections (d) and (e).
5 (d) (1) The board shall prepare a documented revenue
6 forecast by April 30 and any other time deemed necessary by the
7 board.
8 (2) The board shall analyze the documented revenue forecasts
9 which the Governor submits to the board as required under
10 section 2810-D. The board shall insure that the documented
11 revenue forecasts are a matter of public record.
12 (3) The board shall analyze how its most recent General Fund
13 revenue forecast compares with the official estimate. Part of
14 the analysis shall include a comparison of the documented
15 revenue forecast with the monthly report of the official
16 estimate as required under section 620(b). In addition, the
17 board shall also provide to the public a summary of such
18 information presented in a manner which a lay person can
19 understand. The board shall meet to approve such information by
20 a majority vote before the information is released. Except as
21 otherwise provided, the board shall make such information
22 available in printed form to the Governor, Chairs of the
23 Appropriations Committees and the public by the following dates:
24 July 15, October 15, January 15, April 15, June 15 and at any
25 other time that the board deems necessary. For purposes of this
26 subsection, publication in the Pennsylvania Bulletin within one
27 week of the due date shall be sufficient to meet the public
28 reporting requirement.
29 (4) The board shall act in an advisory capacity and shall
30 develop policies and procedures for maintaining the
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1 confidentiality of individual requests concerning General Fund
2 revenue forecasts, General Fund revenue proposals or General
3 Fund revenue analysis upon the request of the Governor or the
4 Chairs of the Appropriations Committees.
5 (e) (1) The board shall prepare and issue a fiscal analysis
6 for any bill proposing to expand, alter, or reduce General Fund
7 revenue, and for any amendment to a bill proposing to expand,
8 alter, or reduce General Fund revenue. The fiscal analysis shall
9 include policy effects and estimated revenue impacts for the
10 current fiscal year and for each of the two succeeding fiscal
11 years, including all reference and data sources and an
12 explanation of the methodology used to estimate the revenue
13 impacts. When preparing a fiscal analysis, the board shall
14 consider the evaluation criteria set forth in section 2809-D.
15 (2) Except as otherwise provided in clause (3), no bill
16 proposing to expand, alter, or reduce General Fund revenue shall
17 be given second consideration in either House of the General
18 Assembly until the board has attached a fiscal analysis, and no
19 amendment to any bill which proposes amendment to expand, alter,
20 or reduce General Fund revenue shall be considered by either
21 House of the General Assembly until the board has attached a
22 fiscal analysis.
23 (3) If the board fails to attach a fiscal analysis within
24 twenty (20) legislative days after a bill proposing to expand,
25 alter, or reduce General Fund revenue has received first
26 consideration in either House of the General Assembly, the bill
27 may be further considered in the same manner as if the fiscal
28 analysis had been attached to the bill. If the board fails to
29 attach a fiscal analysis within twenty (20) legislative days
30 after an amendment to a bill proposing to expand, alter, or
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1 reduce General Fund revenue has been submitted to the board, the
2 amendment may be considered in the same manner as if the fiscal
3 analysis had been attached to the amendment.
4 (f) The board shall periodically monitor and, using the
5 evaluation criteria set forth in section 2808-D, evaluate the
6 relationship of State and local revenue systems to fiscal policy
7 in this Commonwealth and to changes and developments in factors
8 that impact the revenue systems. Such factors that the board
9 should consider include:
10 (1) general economic and demographic trends;
11 (2) patterns of business methods and organization;
12 (3) economic activity;
13 (4) Federal and State legislative and administrative
14 actions;
15 (5) accounting standards; and
16 (6) regulatory requirements.
17 At its own discretion, or upon request of the Governor or the
18 General Assembly, the board shall evaluate the impact of any
19 factor on the revenue systems in this Commonwealth and recommend
20 any revisions to policy that it deems advisable.
21 Section 2807-D. Comprehensive Fiscal Review.--(a) The
22 purpose of the comprehensive fiscal review is to address the
23 structural problems in the existing revenue systems in this
24 Commonwealth and, in turn, to develop a consensus proposal for
25 making State and local revenue systems straightforward, fair,
26 efficient, and reliable for funding the public programs and
27 services provided in this Commonwealth. It is the intent of the
28 General Assembly that such proposal shall not result in excess
29 revenues.
30 (b) Within three (3) months of the effective date of this
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1 section, the Independent Fiscal Review Board shall commence a
2 review of the entire structure of State and local revenue
3 systems in this Commonwealth. Using the evaluation criteria set
4 forth in section 2808-D, the board shall make a comprehensive
5 assessment of the revenue systems in this Commonwealth and
6 recommend a proposal to redesign and modernize such systems.
7 (c) No later than sixteen (16) months after the effective
8 date of this section, the board shall issue to the Governor and
9 the General Assembly a final report containing its evaluation of
10 the State and local revenue systems and recommended proposal for
11 improving such systems, including supporting analysis, such as
12 rationale and fiscal analyses. Within ninety (90) days of
13 issuing the report, the board shall submit suggested statutory
14 language for implementing its recommendations.
15 (d) Within one hundred five (105) days of issuing the report
16 required by subsection (b), the board shall publish in the
17 Pennsylvania Bulletin:
18 (1) a brief summary of the report;
19 (2) a notice of availability of the text of the report, the
20 statutory language for implementing the recommendations set
21 forth in the report, and a fiscal analysis relating to the
22 recommendations; and
23 (3) a request for written comments.
24 Section 2808-D. Evaluation Criteria.--When carrying out its
25 duties under this article, when appropriate, the Independent
26 Fiscal Review Board shall take into consideration the following:
27 (1) The simplicity of the taxes and the ability of
28 individual taxpayers to easily understand and comply with them.
29 (2) The overall mix of taxes.
30 (3) Whether the tax burden is distributed fairly among
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1 taxpayers in terms of ability to pay and the relationship
2 between benefits received and payments made.
3 (4) The need to eliminate subjective interpretation of
4 taxes.
5 (5) The reliability of taxes and whether their bases yield
6 automatic growth and cyclical stability in revenues generated.
7 (6) The collection and enforcement costs associated with the
8 various taxes and the ability to easily administer the taxes.
9 (7) Whether the taxes create incentives for individuals and
10 firms to alter their behavior in order to minimize their tax
11 burden.
12 (8) The system of taxation within various jurisdictions and
13 the incentives for households to move and firms to relocate
14 activities to jurisdictions which provide more favorable tax
15 treatment.
16 (9) The value of tax incentives and whether they meet the
17 performance requirements on which they are based.
18 (10) The responsiveness of revenue systems to economic and
19 social conditions, including the following:
20 (i) changes in the economic base, such as the shift from
21 manufacturing to services;
22 (ii) changes in the types and forms of business
23 organizations, such as the formation of S corporations and
24 limited liability companies;
25 (iii) expansion of interstate and international businesses
26 and transactions, which impacts nexus requirements,
27 apportionment methods and methods of reporting, including
28 combined or separate company reporting;
29 (iv) changes in technology and regulations, such as in
30 telecommunications and financial services; and
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1 (v) goals of State economic development policy, such as
2 targeted job creation and public investments.
3 Section 2809-D. Economic Advisory Council.--(a) The
4 Economic Advisory Council is established to act in an advisory
5 capacity to the Independent Fiscal Review Board concerning State
6 and local revenue systems, economic conditions in this
7 Commonwealth and General Fund revenue forecasts whenever the
8 board calls upon them to do so. The council shall meet with the
9 board at least once during each quarter of the fiscal year.
10 (b) The council shall consist of at least seven members. The
11 board shall appoint each member for a two-year term based upon a
12 majority vote. Whenever a vacancy occurs on the council, whether
13 prior to or at the expiration of a term, the vacancy shall be
14 filled within sixty (60) days. Any person appointed to fill a
15 vacancy occurring prior to the expiration of a term shall serve
16 the unexpired term. The council shall at least consist of a
17 representative from each of the following sectors: labor,
18 manufacturing, banking, nonbanking financial services, retail
19 and public utilities.
20 (c) Members of the council shall not seek or hold a position
21 as any other public official within this Commonwealth or as a
22 party officer while a member of the council. The council members
23 shall not seek election as public officials or party officers
24 for one year after their service with the council. The council
25 members may serve as appointed public officials any time after
26 their period of service with the council. A member of the
27 council may not be a "lobbyist" as defined in 65 Pa.C.S. § 1303
28 (relating to definitions). A board member of the council may not
29 be an employe of the executive, legislative or judicial branch
30 of State government.
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1 Section 2810-D. Duties of the Governor and Secretary of
2 Revenue.--(a) The Governor shall submit to the Independent
3 Fiscal Review Board a documented revenue forecast with the
4 submission of the Executive Budget as required under section 613
5 and with the official estimate.
6 (b) Notwithstanding any law or regulation regarding
7 confidential information to the contrary, the Secretary of the
8 Budget and the Secretary of Revenue shall provide information
9 which the board requests for purposes of fulfilling its duties
10 under this act. The board shall be bound by the same laws and
11 regulations regarding confidentiality as the individual which
12 provides the confidential information to the board.
13 (c) In order to facilitate the board in carrying out its
14 duties under section 2806-D(e), the Secretary of the Budget and
15 Secretary of Revenue shall make available to the board all
16 information and reports used for generating General Fund revenue
17 forecasts.
18 Section 5. This act shall take effect immediately.
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