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PRINTER'S NO. 3182
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2210
Session of
2020
INTRODUCED BY GROVE, GREINER, RYAN, ROTHMAN, MILLARD, BERNSTINE,
ZIMMERMAN, MOUL, WHEELAND, STAATS, GAYDOS AND JONES,
JANUARY 21, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 21, 2020
AN ACT
Amending Title 46 (Legislature) of the Pennsylvania Consolidated
Statutes, providing for preliminary provisions, for
legislative committee on appointments, for Legislative
Reference Bureau, for Independent Fiscal Office, for
Legislative Audit Advisory Commission, for Legislative Data
Processing Center, for Capitol Preservation Committee, for
office of the Legislative Fiscal Analyst, for Office of
Legislative Auditor General and for Legislative Budget and
Finance Committee.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 46 of the Pennsylvania Consolidated
Statutes is amended by adding a chapters to read:
CHAPTER 1
PRELIMINARY PROVISIONS
ยง 101. (Reserved).
CHAPTER 3
LEGISLATIVE COMMITTEE ON APPOINTMENTS
Sec.
301. Definitions.
302. Establishment.
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ยง 301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Committee." The Legislative Committee on Appointments
established under section 302 (relating to establishment).
"Legislative officer." An individual appointed by the
committee to lead an office that serves both the Senate and the
House of Representatives.
ยง 302. Establishment.
(a) Committee establishment.--Unless otherwise provided in
law, the Legislative Committee on Appointments is established
for the purpose of appointing legislative officers to serve at
the pleasure of the General Assembly.
(b) Membership.--The committee shall consist of the
following members:
(1) The President pro tempore of the Senate.
(2) The Speaker of the House of Representatives.
(3) The Majority Leader and Minority Leader of the
Senate.
(4) The Majority Leader and Minority Leader of the House
of Representatives.
(c) Vacancy.--Unless otherwise provided by law, the
committee shall appoint a legislative officer when there is a
vacancy of a legislative officer by a two-thirds majority vote.
CHAPTER 5
LEGISLATIVE REFERENCE BUREAU
Sec.
501. Establishment.
502. Director.
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503. Assistant director.
504. Employees.
505. Office space.
506. Services of bureau.
507. Drafting, opinions and confidentiality.
508. Public access and limitation on legal opinion.
509. Publication and office supplies.
ยง 501. Establishment.
The Legislative Reference Bureau is established for the use
and information of the members of the General Assembly, the
Governor, the heads of the departments of the Commonwealth and
citizens of the Commonwealth.
ยง 502. Director.
(a) Appointment and term.--The Legislative Reference Bureau
shall be led by a director, who shall be elected biennially
before the first day of February of each odd-numbered year by
the Senate and House of Representatives in joint session. The
director of the present Legislative Reference Bureau in office
at the time of the effective date of this section, until an
election is held under this section, shall hold the office of
Director of the Legislative Reference Bureau created by this
section, subject to removal by the General Assembly.
(b) Qualifications and salary.--The Director of the
Legislative Reference Bureau shall be qualified by experience,
knowledge and ability to conduct the work of the bureau. The
director shall be well versed in legislative procedure and
parliamentary practice, and shall in such matters, when called
upon, be ex officio advisor to the General Assembly. The
director shall devote the entirety of the director's time and
attention to the duties of the bureau. The director shall have
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access to a law library and the publications therein of the
Federal Government and various states. The director's salary
shall be set by the General Assembly.
ยง 503. Assistant director.
The director shall appoint an assistant director or
directors, learned in the law, who shall be skilled bill
drafters, and who shall receive a salary to be fixed by the
director. The assistant director or directors shall perform the
duties of the director in the case of a vacancy in the office or
in case of the absence or inability of the director to act, and
shall also perform such other duties as may be assigned to the
assistant director or directors by the director.
ยง 504. Employees.
The director shall also appoint a trained librarian and such
attorneys, clerks, secretaries, stenographers, typists,
messengers and other employees, as the director deems necessary,
and for such periods, and on such terms, as the director deems
advantageous to conduct the work of the bureau at all times. The
director shall fix the number and compensation of all employees
within the limits of appropriations made in advance by the
General Assembly.
ยง 505. Office space.
The bureau shall continue to occupy the rooms currently
occupied by the Legislative Reference Bureau so as to give it
ready access to the volumes, catalogs, documents and other
papers in the current office space, and where the bureau will be
convenient to the members of the General Assembly and other
persons having official business with the bureau. The bureau
shall be kept open on business days from 8:45 a.m to 4:45 p.m.
during the entire year, and, when the General Assembly is in
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session, at such hours, day and night, as are most convenient to
members of the General Assembly.
ยง 506. Services of bureau.
(a) Resources of this Commonwealth and other states.--The
director shall prepare, and have available for use, indices of
Pennsylvania laws, digests of public laws of this and other
states as may be of use for legislative information, records and
files of all bills and resolutions presented in either branch of
the General Assembly, loose leaf files of acts of Assembly,
catalog files of reports of departments, boards and commissions
and other public documents of this Commonwealth, as well as
general books and pamphlets, as pertain to the work and service
of the bureau and of other printed materials as may be proper
for the purposes of the bureau.
(b) Requests of members.--The director shall also, when
requested by the Governor, the members of the General Assembly
or heads of departments, promptly procure available information,
not on file in the bureau, relating to legislation of this
Commonwealth or other states, and investigate the manner in
which laws have operated.
(c) Publications.--The director shall, from time to time,
prepare and publish bulletins, pamphlets and circulars,
containing information collected by the bureau and other
compilations of this or other states, as the director deems to
be of service to the Governor, the several departments of the
Commonwealth, the members of the General Assembly and the
citizens of the Commonwealth.
(d) Legal drafting.--The director shall, from time to time,
cause to be prepared, for adoption or rejection by the General
Assembly, codes, by topics, of the existing general statutes,
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arranged by chapters or articles and sections under suitable
headings, and shall add lists of statutes of the existing law to
be repealed. The director shall assist in or supervise, when
called upon by any proper authority, or when directed by the
General Assembly so to do, the compilation and preparation of
any general revision and codifications of the existing laws of
the Commonwealth.
ยง 507. Drafting, opinions and confidentiality.
The director and the director's assistants shall neither
oppose nor urge legislation, but shall, upon request, aid and
assist the Governor, the members of the General Assembly and the
heads of departments of the Commonwealth, by advising as to
bills and resolutions. A legal opinion shall be drafted and
provided to the requester notifying to the fullest extent all
information upon all matters within the scope of the bureau. No
officer or employee of the bureau shall reveal to any person
outside of the bureau the contents or nature of any matter not
yet published, without the consent of the person bringing the
matters before the bureau.
ยง 508. Public access and limitation on legal opinion.
The bureau shall be available for consultation freely by
citizens of the Commonwealth as to general information or
statutory law of this or any other state on particular subjects,
and shall furnish to citizens, upon request, copies of laws as
are available for distribution. In no case and under no
circumstances shall any officer or employee in the officer's or
employee's official capacity furnish any opinion on any legal
matter to any private citizen.
ยง 509. Publication and office supplies.
The printing and binding necessary for the proper performance
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of the duties of the bureau or the proper preservation of
material shall be done by the bureau.
CHAPTER 7
INDEPENDENT FISCAL OFFICE
Sec.
701. Scope of chapter.
702. Definitions.
703. Office established.
704. Duties of office.
705. Revenue estimates.
706. Budget information.
707. Expenditures.
708. Revenue conference.
709. Access to information.
710. Selection and organization committee.
711. Appointment.
712. Powers and duties of director.
713. Records.
714. Applicability.
715. Additional duties.
ยง 701. Scope of chapter.
This chapter relates to independent fiscal estimates.
ยง 702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commonwealth agency." Any office, department, authority,
board, multistate agency or commission of the executive branch.
The term includes:
(1) The Office of the Governor.
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(2) The Office of Attorney General, the Department of
the Auditor General and the Treasury Department.
(3) An independent agency as defined in 62 Pa.C.S. ยง 103
(relating to definitions).
(4) A State-affiliated entity as defined in 62 Pa.C.S. ยง
103.
(5) The General Assembly.
(6) The Judiciary.
"Director." The Director of the Independent Fiscal Office.
"Office." The Independent Fiscal Office established in
section 703 (relating to office established).
"Proposed collective bargaining agreement." The terms of
bargaining between a public employer and an employee
organization which:
(1) Apply to wages, hours, terms and conditions of
employment, benefits and working conditions.
(2) Are:
(i) Reduced to writing.
(ii) Agreed upon by designated representatives of
the public employer and the employee organization.
(iii) Submitted for acceptance as a contract to the
public employer and the public employee organization.
"Public employee retirement plan." Any of the following:
(1) The State Employees' Retirement System established
under 71 Pa.C.S. Pt. XXV (relating to retirement for State
employees and officers).
(2) The Public School Employees' Retirement System
established under 24 Pa.C.S. Pt. IV (relating to retirement
for school employees).
(3) The Pennsylvania Municipal Retirement System
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established under the act of February 1, 1974 (P.L.34,
No.15), known as the Pennsylvania Municipal Retirement Law.
(4) Any other independent pension or retirement plan for
public officers and employees of the Commonwealth.
(5) Pension or public employee retirement plans
established under 11 Pa.C.S. Ch. 143 (relating to pensions).
(6) Pension or public employee retirement plans created
under the act of May 29, 1956 (1955 P.L.1804, No.600),
referred to as the Municipal Police Pension Law.
"Selection and organization committee." The Independent
Fiscal Office Selection and Organization Committee.
ยง 703. Office established.
There is established a nonpartisan Independent Fiscal Office
as an independent agency.
ยง 704. Duties of office.
(a) Mandatory.--The office shall:
(1) Prepare revenue estimates to include Federal funds,
State revenues and funds from other resources, including any
projected revenue surplus or deficit for a given fiscal year,
as provided under section 705 (relating to revenue
estimates).
(2) By November 15 of each year, provide an assessment
of the current fiscal condition of the Commonwealth and a
projection of what the fiscal condition will be during the
next five years. The assessment shall take into account the
state of the economy, demographics, revenues and
expenditures.
(3) Develop performance measures for executive-level
programs and departments and evaluate performance measures
and results as promulgated and reported by executive-level
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departments. Performance measurements shall be outcome based
and include, but not be limited to, activity cost analysis,
measures of status improvement of recipient populations,
economic outcomes and performance benchmarks against similar
State programs.
(4) Provide an analysis, including economic impact, of
all tax and revenue proposals submitted by the Governor or
the Office of the Budget.
(5) Study and analyze the existing sales and use tax law
and propose recommendations to the Governor and the General
Assembly for amending the tax to:
(i) eliminate obsolete and unnecessary provisions;
(ii) expand the tax base as necessary;
(iii) ensure a competitive economic market in this
Commonwealth; and
(iv) protect the stability of the Commonwealth's
budget.
(6) Establish a publicly accessible Internet website.
(7) Study and analyze the impact of shared-risk
contributions under 24 Pa.C.S. ยง 8321(b) (relating to regular
member contributions for current service) and 71 Pa.C.S. ยง
5501.1 (relating to shared-risk member contributions and
shared gain adjustments to regular member contributions).
(8) Provide a cost analysis for the current fiscal year
and remaining subsequent fiscal years of the impact of each
proposed collective bargaining agreement under the
jurisdiction of the Governor prior to execution, including
the costs to cover public employee wages, benefits, pensions
and working conditions that have been reduced in writing
under section 701 of the act of July 23, 1970 (P.L.563,
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No.195), known as the Public Employe Relations Act.
(b) Discretionary.--The office may:
(1) Develop and use econometric models to annually
forecast State revenues and update the models. The office
shall make the equations of a model and any historic
databases related to the model available to the chair and
minority chair of the Appropriations Committee of the Senate,
the chair and minority chair of the Appropriations Committee
of the House of Representatives, the Majority Leader and
Minority Leader of the Senate and the Majority Leader and
Minority Leader of the House of Representatives.
(2) Provide an analysis of the executive budget,
including budgetary projections, economic outlook and
economic impact. The budget analysis may include performance
recommendations to secure greater efficiency and economy.
(3) Provide an assessment of the Pennsylvania economy
and the national economy and the impact of the existing or
emerging State or national economic trends on revenue
performance for the current year and the forecasted or
projected revenue collections for the budget year and the
succeeding year.
ยง 705. Revenue estimates.
(a) Initial revenue estimate.--By May 20 of each year, the
office shall submit to the General Assembly an initial revenue
estimate for the next fiscal year.
(b) Official revenue estimate.--The following apply:
(1) By June 20 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
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as the amount of revenue which may be considered for the
general appropriation act for the ensuing fiscal year unless
the Governor or the General Assembly determines that revenues
are greater than or less than the 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.
(3) The office shall publish the methodology used to
develop revenue estimates.
(c) Information.--The office shall provide the Secretary of
the Budget, the chair and minority chair of the Appropriations
Committee of the Senate and the chair and minority chair of the
Appropriations Committee of the House of Representatives all
data, assumptions or econometric models used to develop
projections and revenue estimates.
(d) Required information.--
(1) A revenue estimate submitted by the office under
subsection (b) shall include:
(i) Projected revenue collections by specific tax or
revenue source, including Federal funds, the General
Fund, the State Lottery Fund and the Motor License Fund.
(ii) All data, assumptions and econometric models
used to develop a revenue estimate.
(iii) Any projected revenue surplus or deficit for
the current fiscal year.
(2) A revenue estimate shall be based on existing law
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and tax policy and existing or emerging State or national
economic trends.
(e) Proposed change in law.--The office shall prepare a
revenue estimate of any change in law affecting revenues and
receipts, including increases in regulatory fees, proposed or
considered as part of the annual State budget. If the proposed
change in law will have a fiscal impact in excess of $10,000,000
in any fiscal year, the estimate shall be prepared on the basis
of assumptions that estimate the probable behavioral responses
of taxpayers, businesses and other persons to the proposed
changes and shall include a statement identifying those
assumptions. The information may be used to revise the revenue
estimate under subsection (a).
(f) Department of Revenue.--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.
(g) Governor.--The Governor shall certify that any
appropriation bill does not cause total appropriations to exceed
revenues plus any unappropriated surplus as provided in section
618 of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
ยง 706. Budget information.
The office shall be notified and shall attend any briefings
provided by the Governor or the Secretary of the Budget under
section 619 of the act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929.
ยง 707. Expenditures.
(a) Expenditure reports.--Commonwealth agencies shall make
monthly expenditure data available to the office. The
expenditure data shall be provided within seven days after the
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end of each month and shall include a summary of the last
monthly submission. The data shall be provided in finished
reports or electronically, as provided in this chapter, by fund,
appropriation, department and organization within each
department and shall include:
(1) Number of filled personnel positions and the cost of
the positions.
(2) Itemized personnel vacancies and the cost of the
vacancies.
(3) New positions created and the cost of the positions.
(4) Wage and overtime costs.
(5) Allotments and expenditures for itemized personnel
expenses.
(6) Allotments and expenditures for itemized operating
expenses.
(7) Allotments and expenditures for itemized fixed
assets.
(8) The rate of expenditures in appropriations for major
subsidy and grant programs during the month.
(b) Revenue reports.--The Governor shall direct that monthly
revenue reports be submitted to the office. The revenue reports
shall show the actual collection of revenue itemized by source
and a comparison of the actual collections with estimated
collections for each month. The comparison shall include an
analysis of any change in collection patterns which will cause a
shortfall or overrun on annual estimates of more than 1%.
(c) Other revenue data.--Commonwealth agencies shall cause
to be prepared any other revenue data as may be requested from
time to time by the office.
(d) Electronic access.--Except for information that is
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confidential pursuant to statute, the office shall have access
to all information available under this section on inquiry-only
screens through an integrated central computer system.
ยง 708. Revenue conference.
By January 31 of each year, the office shall convene a
meeting with the Secretary of the Budget, the Secretary of
Revenue and the chair and minority chair of the Appropriations
Committee of the Senate and the chair and minority chair of the
Appropriations Committee of the House of Representatives to
discuss the following:
(1) The Pennsylvania economy and the national economy
and the impact of the economic trends on revenue performance
for the budget year and the succeeding year.
(2) Current year-to-date revenue collections by specific
tax or revenue source, including Federal funds, the General
Fund, the State Lottery Fund and the Motor License Fund and
variations that may be occurring in the revenue estimate
submitted under section 705(a) (relating to revenue
estimates).
(3) Any statutory or tax policy changes that may be
recommended by the Governor or the General Assembly for the
next succeeding fiscal year.
ยง 709. Access to information.
(a) Agencies.--The director is authorized to secure
information, data, expense information, estimates and statistics
directly from a Commonwealth agency or a political subdivision.
All Commonwealth agencies and political subdivisions shall
furnish the director with all reports of expenditure for each
Commonwealth agency and any other available material or data
which the director determines to be necessary in the performance
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of the duties of the office, other than material, the disclosure
of which would be a violation of law. The director is also
authorized, upon agreement with the head of any Commonwealth
agency or political subdivision, to utilize the services,
facilities and personnel of the Commonwealth agency or political
subdivision with or without reimbursement.
(b) Office of the Budget.--In carrying out the duties and
functions of the office, the director is authorized to obtain
information, data, estimates and statistics developed by the
Office of the Budget and all Commonwealth agencies. The Office
of the Budget shall submit to the office copies of final
Commonwealth agency budget requests at the same time they are
submitted to the General Assembly under this chapter.
(c) Computer database.--In order to carry out the office's
duties under this chapter, the office shall have access to any
computerized database of a Commonwealth agency that is required
to aid the office in the performance of the office's duties,
except that any statutory requirements regarding privacy of
individuals' records shall be observed in providing access.
(d) Daily revenue data.--
(1) The Secretary of Revenue and the Secretary of the
Budget shall post revenue collection data for each deposit
day and make the information available to the office and the
chair and minority chair of the Appropriations Committee of
the Senate and the chair and minority chair of the
Appropriations Committee of the House of Representatives.
(2) The Governor, the Attorney General, the Auditor
General and the State Treasurer shall cause to be prepared
any other revenue data as may be requested by the office.
(e) Tax information.--For the purposes of carrying out the
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office's official duties under section 705(a) (relating to
revenue estimates) and notwithstanding any other law of this
Commonwealth, the office shall be authorized to access any
information in the possession of the Department of Revenue that
is obtained from tax payments, returns or reports, including
adjustments or corrections made by the Department of Revenue.
The information accessed under this section shall be
confidential except for official purposes, and any person
divulging the information shall be subject to section 731 of the
act of April 9, 1929 (P.L.343, No.176), known as The Fiscal
Code.
(f) Civil action.--If information is not made available by a
Commonwealth agency or political subdivision within a reasonable
time, the director may make a written request to the
Commonwealth agency head stating the authority to receive the
information. The Commonwealth agency head shall have 15 days to
respond. If the information is not provided within 15 days of
the receipt of the director's request, the director may bring a
civil action to require the Commonwealth agency head to provide
the information.
(g) Collective bargaining agreements.--The Office of
Administration and the Office of the Budget shall:
(1) Submit to the office at least 20 days, excluding
weekends and holidays, in advance of execution of the
proposed collective bargaining agreement, copies of each
proposed collective bargaining agreement under the
jurisdiction of the Governor.
(2) Concurrent with each submission under paragraph (1),
provide the office with a detailed cost analysis of the
proposed collective bargaining agreement. The analysis shall
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compare the collective bargaining agreement in effect at the
time of submission to projections for the proposed collective
bargaining agreement for the current fiscal year and the
remaining subsequent fiscal years in the agreement. The
analysis shall include:
(i) The number of employees covered by the proposed
collective bargaining agreement, by fund.
(ii) Wages and salaries, by fund.
(iii) Employer costs for employee benefits,
including pension contributions, by fund.
(iv) A summary of the changes to paid leave, working
hours, working conditions or any other term of employment
in the proposed collective bargaining agreement and the
projected cost of such changes, by fund.
(v) A statement explaining the data, assumptions and
methodology used to make the projections.
(3) Within four days, excluding weekends and holidays,
of a request by the director, provide the office with any
information, data, statistics or analysis determined by the
director to be necessary to fulfill the office's obligations
under section 704 (relating to duties of office).
ยง 710. Selection and organization committee.
(a) Selection and organization committee.--The Independent
Fiscal Office Selection and Organization Committee is
established to organize the office and select the director of
the office. The selection and organization committee shall
consist of the following:
(1) The President pro tempore of the Senate and the
Speaker of the House of Representatives.
(2) The Majority Leader and the Minority Leader of the
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Senate and the Majority Leader and the Minority Leader of the
House of Representatives.
(3) The chair and minority chair of the Appropriations
Committee of the Senate and the chair and minority chair of
the Appropriations Committee of the House of Representatives.
(b) Duties of committee.--The selection and organization
committee shall deliberate the following:
(1) The procedures to be adopted to select the director
of the office.
(2) The operational budget for the office.
ยง 711. Appointment.
(a) Director.--The office shall be headed by a director
appointed by the selection and organization committee. The
appointment shall be made without regard to political
affiliation and solely on the basis of fitness to perform the
duties of the office based on qualifications published by the
selection and organization committee.
(b) Deputy director.--The director shall appoint a deputy
director who shall perform such duties as assigned by the
director and who shall, during the absence or incapacity of the
director or a vacancy, act as the director.
(c) Term.--The term of office of the director shall be six
years. An individual appointed as director to fill a vacancy
prior to the expiration of a term shall serve only for the
unexpired portion of that term. An individual serving as
director at the expiration of a term may continue to serve until
a successor is appointed.
(d) Removal.--The director may be removed by a concurrent
resolution passed by the Senate and the House of
Representatives.
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ยง 712. Powers and duties of director.
(a) Personnel.--The director shall appoint and fix the
compensation of personnel as necessary to carry out the duties
and functions of the office. All personnel of the office shall
be appointed without regard to political affiliation and solely
on the basis of their fitness to perform their duties.
(b) Experts and consultants.--In carrying out the duties and
functions of the office, the director may procure the temporary
or intermittent services of attorneys, experts or consultants or
organizations by contract.
ยง 713. Records.
The office shall be a legislative agency for the purpose of
the act of February 14, 2008 (P.L.6, No.3), known as the Right-
to-Know Law.
ยง 714. Applicability.
To the extent that this chapter is inconsistent with section
618 of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, the provisions of this chapter
shall apply.
ยง 715. Additional duties.
(a) Actuarial notes.--The office shall prepare actuarial
notes by selecting an enrolled pension actuary to prepare an
actuarial note. Actuarial notes shall include a reliable
estimate of the financial and actuarial effect of the proposed
change in any pension or retirement system in this Commonwealth.
The financial analysis contained in actuarial notes for
legislation that proposes substantial benefit design changes
under 24 Pa.C.S. Pt. IV (relating to retirement for school
employees) and 71 Pa.C.S. Pt. XXV (relating to retirement for
State employees and officers) shall include, but not be limited
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to, a risk transfer analysis and, if requested by an officer
listed in this subsection, an analysis of the potential impact
on the asset allocation and related costs for any pension or
retirement system in this Commonwealth. The actuarial 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 forseeable, the long-range actuarial
cost and effect of the bill. The office shall transmit actuarial
notes in electronic form to the Governor and all members of the
General Assembly within the time periods specified under this
section upon the request of any of the following:
(1) The President pro tempore of the Senate or the
Speaker of the House of Representatives.
(2) The Majority Leader or the Minority Leader of the
Senate.
(3) The Majority Leader or the Minority Leader of the
House of Representatives.
(4) The chairperson or minority chairperson of the
Appropriations Committee of the Senate.
(5) The chairperson or minority chairperson of the
Appropriations Committee of the House of Representatives.
(6) The chairperson or minority chairperson of the
standing committee of the Senate to which the bill is
referred.
(7) The chairperson or minority chairperson of the
standing committee of the House of Representatives to which
the bill is referred.
(b) Analysis.--At the request of an individual listed in
subsection (a), the office shall analyze the provisions of a
bill relating to public employee retirement or pension policy
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and issue a report on the bill in a timely fashion. The report
shall provide a synopsis of the bill and financial cost and
shall identify proposed changes to current law and current
policy. The report, after consultation with the requesting
officer, may include an assessment of the actuarial impact and
shall be submitted in electronic form to the Governor and all
members of the General Assembly.
(c) Plans.--The office shall establish and review public
employee retirement plans for actuarial soundness and report the
results to the Governor and the General Assembly.
(d) Website.--The office shall maintain the following on the
office's publicly accessible Internet website:
(1) All actuarial notes issued by the Public Employee
Retirement Commission prior to the effective date of this
section.
(2) All actuarial notes prepared under subsection (a)
and reports under subsection (b) issued by the office, which
shall be posted at the time they are transmitted under
subsection (a).
(3) Any other information that is requested to be posted
by an individual listed in subsection (a).
(e) Reimbursement.--The office shall request, after
expending all appropriations for the performance of the office's
duties under this section, a reimbursement of expenses from the
entity requesting the preparation of materials under this
subsection. A restricted account is established in the General
Fund which shall consist of reimbursement payments received by
the office under this paragraph. The money in the restricted
account is appropriated on a continuing basis to the office for
the purpose of the performance of the office's duties under this
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act, except that the money in the restricted account may not be
expended unless the office expends all other appropriations for
the performance of the office's duties under this section.
(f) Formulation.--The office shall study generally the
subject of retirement, income after retirement, disability and
death benefits and the retirement needs of public employees. The
office shall formulate principles and objectives and recommend
any new legislation the office deems advisable as requested by
an officer listed in subsection (a).
(g) Study.--The office shall study the relationship of
retirement and pension policy to other aspects of public
personnel policy and to the effective operation of government
generally, as requested by an individual listed in subsection
(a).
(h) Note required for bills.--Except as otherwise provided
in subsection (k)(1), no bill proposing any change relative to a
public employee pension or public employee retirement plan may
be given second consideration in either House of the General
Assembly until the office has attached an actuarial note
prepared by an enrolled pension actuary which shall include a
reliable estimate of the cost and actuarial effect of the
proposed change in the pension or retirement system.
(i) Note required for amendments.--Except as otherwise
provided in subsection (k)(2), no amendment to any bill
concerning any public employee pension or public employee
retirement plan may be considered by either House of the General
Assembly until an actuarial note prepared by an enrolled pension
actuary has been attached.
(j) Notes for proposed constitutional amendments.--The
office shall issue an actuarial note, prepared by an enrolled
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pension actuary, for any joint resolution proposing an amendment
to the Constitution of Pennsylvania 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 actuarial note shall be prepared.
(k) Effect of failure of office to attach note.--
(1) If the office fails to attach an actuarial note
within 20 legislative days after a bill proposing a change
relative to a public employee pension or public employee
retirement plan has received first consideration in either
House of the General Assembly, the bill may be further
considered in the same manner as if the actuarial note had
been attached to the bill.
(2) If the office fails to attach an actuarial note
within 20 legislative days after an amendment to a bill
proposing a change relative to a public employee pension or
public employee retirement has been submitted to the office
by an officer listed in subsection (a), the amendment may be
considered in the same manner as if the actuarial note had
been attached to the amendment.
CHAPTER 9
LEGISLATIVE AUDIT ADVISORY COMMISSION
Sec.
901. Audits of affairs of the General Assembly and legislative
agencies.
902. Legislative Audit Advisory Commission.
ยง 901. Audits of affairs of the General Assembly and
legislative agencies.
The financial affairs of the General Assembly and the General
Assembly's legislative service agencies shall be audited by a
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certified public accountant to be retained by the Legislative
Audit Advisory Commission. At least one such audit shall be made
each year; however, special audits may be made when they appear
necessary in the judgment of the Legislative Audit Advisory
Commission.
ยง 902. Legislative Audit Advisory Commission.
(a) Establishment.--The Legislative Audit Advisory
Commission is established and shall consist of eight members:
(1) a majority and a minority member of the Senate and
two public members appointed by the President Pro Tempore of
the Senate; and
(2) a majority and a minority member of the House of
Representatives and two public members appointed by the
Speaker of the House of Representatives.
The commission shall organize annually by electing from among
the commission's members a chairman and a secretary.
(b) Compensation.--Except for the public members of the
commission who shall receive a compensation of $100 for each day
the Commission shall meet, no other member of the commission
shall receive any compensation but all members shall receive
traveling and actual expenses incurred as members of the
commission.
(c) Powers and duties.--The powers and duties of the
commission shall be to:
(1) Examine the standards of audits performed under the
provisions of section 10 of Article VIII, of the Constitution
of Pennsylvania, and recommend measures for the improvement
of preauditing and postauditing of the financial affairs of
the Commonwealth.
(2) Report annually recommendations and suggested
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legislation, if any, for the improvement of auditing in the
Commonwealth.
CHAPTER 15
LEGISLATIVE DATA PROCESSING CENTER
Sec.
1501. Legislative Data Processing Center established.
1502. Committee powers and duties.
1503. Executive director.
1504. Restriction.
1505. Compensation.
1506. Legislative Transparency Portal.
ยง 1501. Legislative Data Processing Center established.
(a) Establishment and membership.--The Legislative Data
Processing Committee is established and shall consist of:
(1) two senators appointed by the President pro tempore
of the Senate;
(2) two senators appointed by the Minority Leader of
the Senate;
(3) two representatives appointed by the Speaker of the
House of Representatives;
(4) two representatives appointed by the Minority Leader
of the House of Representatives; and
(5) the Secretary of the Senate and the Parliamentarian
of the House of Representatives who shall serve as nonvoting
members of the Legislative Data Processing Committee.
(b) Term and location.--Members of the Legislative Data
Processing Committee shall serve 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 qualify, provided they
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continue to be members of the Senate or the House of
Representatives. The Legislative Data Processing Committee has a
continuing existence and may meet and conduct the committee's
business at any place within this Commonwealth during the
sessions of Legislature or any recess thereof and in the interim
between sessions.
(c) Quorum.--A majority of the members of the Legislative
Data Processing Committee shall constitute a quorum and an
affirmative vote of five members of the Legislative Data
Processing Committee shall be necessary to pass on any matter
requiring Legislative Data Processing Committee action.
(d) Restrictions.--Nothing in this chapter or in any rules
and regulations promulgated by the Legislative Data Processing
Committee shall prohibit a member of the Legislative Data
Processing Committee from participating in a meeting, executive
session, deliberations or any other activity via telephone or
other electronic medium.
(e) Proxies.--The Legislative Data Processing Committee
shall adopt rules allowing for and governing the use of proxies
by members of the Legislative Data Processing Committee, except
that proxies may not be used to establish a quorum.
ยง 1502. Committee powers and duties.
The Legislative Data Processing Committee shall have the
following powers and duties:
(1) To establish and operate a legislative data
processing center incorporating a system or systems which
will be capable of storing and retrieving all of the
financial, factual, procedural and legal information
necessary to serve all of the committees, officers and
agencies of the General Assembly.
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(2) With the approval of the Senate Committee on
Management Operations and the Bi-partisan Management
Committee of the House of Representatives, to provide access
to public legislative information within the computer
information systems operated by the Legislative Data
Processing Committee to persons outside the General Assembly
as the Legislative Data Processing Committee deems
appropriate. Such access will be provided in the manner
approved by the Legislative Data Processing Committee, the
Senate Committee on Management Operations and the Bi-partisan
Management Committee of the House of Representatives. No
information residing in the computer information systems
operated by the Legislative Data Processing Committee shall
be released or disseminated by the Legislative Data
Processing Committee or its employees to persons outside the
General Assembly without the approval of:
(i) The Senate Committee on Management Operations if
the document or information was originated, prepared,
generated or maintained in whole or in part by the
Senate.
(ii) The Bi-partisan Management Committee of the
House of Representatives if the document or information
was originated, prepared, generated or maintained in
whole or in part by the House of Representatives.
(3) Notwithstanding paragraph (2), to provide access to
information relating to bills, legislative histories and
session calendars to the Governor's Office, the Office of
Attorney General, the Auditor General, the State Treasurer,
the heads of other departments and other offices within State
government as the Legislative Data Processing Committee shall
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determine, with the approval of the Senate Committee on
Management Operations and the Bi-partisan Management
Committee of the House of Representatives.
(4) To appoint and employ an executive director, who
shall be the chief executive officer of the Legislative Data
Processing Committee, and such other personnel as the
Legislative Data Processing Committee may deem necessary in
the performance of the Legislative Data Processing
Committee's duties and to fix the compensation of such
executive director and other personnel.
(5) To enter into contracts for the services of such
professional, expert or technical services as the Legislative
Data Processing Committee may deem necessary in the
performance of the Legislative Data Processing Committee's
duties.
(6) To purchase or rent such equipment and supplies as
the Legislative Data Processing Committee may deem necessary
in the performance of the Legislative Data Processing
Committee's duties.
(7) To select its own chairman, vice-chairman and such
other officers as the Legislative Data Processing Committee
may deem necessary in the performance of the Legislative Data
Processing Committee's duties.
(8) To make such rules and regulations as the
Legislative Data Processing Committee may deem necessary to
properly carry out the purpose of the most efficient use of a
legislative data processing system.
ยง 1503. Executive director.
The executive director shall perform duties as shall be
assigned to the executive director by the Legislative Data
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Processing Committee and shall have the following qualifications
to be eligible for appointment:
(1) a master's degree in mathematics, physics, computer
technology or some related field of study from an accredited
institution of higher learning;
(2) a bachelor's degree from an accredited institution
of higher learning and at least three years' practical
experience in computer technology;
(3) at least five years' practical experience in
computer technology of which at least two years must have
included administrative and technical responsibility for
developing and implementing a computer oriented data
processing system; or
(4) at least three years' practical experience in
developing computer data processing systems, and any partial
combination of the requirements of paragraphs (1), (2) or (3)
which in the Legislative Data Processing Committee's judgment
will result in the selection of an executive director capable
of performing the duties provided under this section.
ยง 1504. Restriction.
No person designated by the Legislative Data Processing
Committee as a professional employee, including the executive
director, may:
(1) be a member of or delegate or alternate to any
political convention;
(2) participate at any political convention, except in
the performance of the person's official duty or as a
visitor;
(3) serve as a member of any committee of any political
party, or take an active part in political management or in
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political campaigns or use that person's office or position
to influence political movements or the political action of
any officer or employee in the classified service;
(4) circulate or seek signatures to a nomination or
other petition required by any primary or election law;
(5) seek or accept election, nomination or appointment
as an officer of a political club or organization, or serve
as a member of a committee of any club or organization under
this paragraph;
(6) participate in any matter in or interfere with the
conduct of any election or the preparation therefor at the
polling place or with the election officers while counting
the votes or returning the election material to the place
provided by law for that purpose. This paragraph shall not
apply to the making and depositing of the professional
employee's own ballot as speedily as it reasonably can be
done;
(7) be within 50 feet of the polling place, except for
the purpose of carrying out official duties and of ordinary
travel or residence, during the period of time beginning with
one hour preceding the opening of the polls for holding the
election and ending with the time when the election officers
shall have finished counting the votes and have left the
polling place for the purpose of depositing the election
material in the place provided by law for that purpose:
Provided, however, that the rights of any individual as a
citizen are not impaired, and the prerogative to attend
meetings, to hear or see any candidate or nominee or to
express one's individual opinion, shall remain inviolate.
ยง 1505. Compensation.
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The members of the Legislative Data Processing Committee
shall serve without compensation but shall be reimbursed for
expenses incurred while attending sessions of the Legislative
Data Processing Committee or meetings of any subcommittee of the
Legislative Data Processing Committee, or while engaged on other
Legislative Data Processing Committee business authorized by the
Legislative Data Processing Committee, and in going to and
coming from meetings of the Legislative Data Processing
Committee or its subcommittees or for travel and other
Legislative Data Processing Committee business when authorized
by the Legislative Data Processing Committee.
ยง 1506. Legislative Transparency Portal.
(a) Establishment.--The Legislative Data Processing
Committee shall establish a publicly accessible Internet website
for appropriations and expenditures of the General Assembly and
the General Assembly's committees. The website shall provide the
information required under this section separated by the
following:
(1) Officers of the Senate.
(2) Officers of the House Of Representatives.
(3) Each service agency created by the General Assembly.
(4) Caucus operations of the minority and majority
caucus of the Senate.
(5) Caucus operations of the minority and majority
caucus of the House of Representatives.
(b) Website.--The website shall include figures and visual
aids to demonstrate growth or reduction in expenditures and
appropriations starting no later than the 2014-2015 fiscal year.
(c) Information availability.--Information provided by the
Legislative Data Processing Committee shall be made available to
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the public to download as an image and spreadsheet document.
(d) Receipt of information.--The Legislative Data Processing
Committee shall receive all necessary information for the
implementation of the website from:
(1) Each service agency of the General Assembly.
(2) Officers of the Senate.
(3) Officers of the House of representatives.
(4) Caucus operations of the majority and minority
caucus of the Senate.
(5) Caucus operations of the majority and minority
caucus of the House of Representatives.
(e) Contracts permitted.--The Legislative Data Processing
Committee may contract with a third party for creating the
website under this section.
CHAPTER 17
CAPITOL PRESERVATION COMMITTEE
Sec.
1701. Short title.
1702. Legislative findings and declaration of policy.
1703. Definitions.
1704. Capitol Preservation Committee.
1705. Duties of the committee.
1706. Capitol Restoration Trust Fund and operating expenses.
ยง 1701. Short title.
This chapter shall be known and may be cited as the State
Capitol Preservation Act.
ยง 1702. Legislative findings and declaration of policy.
The General Assembly finds and declares as follows:
(1) The Commonwealth of Pennsylvania has a rich heritage
of historical buildings, structures, documents, artifacts and
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other objects and resources which bear witness to the
Commonwealth's growth as one of the great states of this
nation.
(2) Efforts have been made toward the restoration and
preservation of buildings, structures, documents, artifacts
and objects evidencing the history of this eminent
Commonwealth and of the General Assembly, and these efforts
should be continued and intensified.
(3) Particular attention should be given to the
preservation of the architectural and historical integrity of
the State Capitol Building and to the restoration and
preservation of artifacts, documents and other historical
objects and resources located within that building.
(4) The most effective way to promote and foster the
historic preservation of the State Capitol Building is by the
establishment of a committee to supervise and coordinate this
work.
ยง 1703. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Committee." The Capitol Preservation Committee.
"Fund." The Capitol Restoration Trust Fund.
ยง 1704. Capitol Preservation Committee.
(a) Establishment.--The Capitol Preservation Committee is
established to supervise and coordinate the historic
preservation of the State Capitol Building and the preservation
and restoration of historical documents, artifacts and other
objects and resources located in or associated with the State
Capitol Building.
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(b) Membership.--The committee shall be composed of the
following:
(1) Four members of the Senate to be appointed by the
President pro tempore of the Senate, two from the majority
party and two from the minority party.
(2) Four members of the House of Representatives to be
appointed by the Speaker of the House of Representatives, two
from the majority party and two from the minority party.
(3) One member, appointed by the Chief Justice, who is
not a member of the judiciary.
(4) The Secretary of General Services or a designee.
(5) The Executive Director of the Pennsylvania
Historical and Museum Commission or a designee.
(6) The Chair of the Pennsylvania Council on the Arts.
(7) Three members appointed by the Governor whose
experience includes restoration of monumental buildings or a
background in historical restoration or fine arts
conservation.
No member appointed under paragraph (3) or (7) shall be a member
of the executive, legislative or judicial branch at the time of
the member's appointment.
(c) Terms.--
(1) Members appointed under subsection (b)(1) and (2)
shall be appointed at the commencement of a regular session
of the General Assembly in each odd-numbered year. These
appointments shall take effect 31 days following the
convening of the session and the terms of these members shall
run until 30 days after the convening of the next regular
session of the General Assembly.
(2) The terms of members enumerated in subsection (b)
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(4), (5) and (6) shall be coincident with the members'
respective offices.
(3) The terms of members appointed under subsection (b)
(3) and (7) shall be coincident with that of the appointing
Governor, President pro tempore of the Senate, Speaker of the
House of Representatives and the Chief Justice.
(d) Vacancies.--Vacancies in the membership of the committee
shall be filled for the balance of the unexpired term in the
same manner as the original appointment.
(e) Organization and procedure.--
(1) The committee shall meet initially within 60 days of
the effective date of this chapter and shall elect by a
majority of all members a chairman and vice chairman from
among the members of the committee, each to serve for a term
of two years. Thereafter, the committee shall meet not less
than twice each year.
(2) A majority of all the members of the committee shall
constitute a quorum for the transaction of business.
(3) The committee may adopt rules for the government,
organization and procedures of the committee not inconsistent
with the provisions of this chapter.
(f) Expenses.--Committee members shall receive no
compensation for services but shall be reimbursed for all
necessary travel and other reasonable expenses incurred in
connection with the performance of committee members' duties.
ยง 1705. Duties of the committee.
In addition to other powers conferred by this act, the
committee shall have the power:
(1) To develop a comprehensive plan and program for the
historic preservation and restoration of the State Capitol
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Building.
(2) To monitor the making of all major repairs,
alterations and improvements in and about the State Capitol
Building, including the furnishing and refurnishing of the
same, where such repairs, alterations or improvements may
alter or otherwise affect the architectural and historical
integrity of the building.
(3) To monitor the maintenance, restoration,
preservation and rehabilitation of historical documents,
artifacts and other historical objects or resources located
within and around, or associated with, the State Capitol
Building.
(4) To acquire on behalf of the Commonwealth artifacts,
documents and other historical objects or resources which
contribute to the historical significance of the State
Capitol Building.
(5) To receive for and on behalf of the Commonwealth,
gifts or bequests of artifacts, documents and other
historical objects or resources which contribute to the
historical significance of the State Capitol Building.
(6) To assist in the preservation of other buildings and
structures located within the Capitol Complex.
(7) To accept grants and subsidies from and enter into
agreements or other transactions with any Federal agency or
agency of the Commonwealth or other entity.
(8) To enter into contracts and to execute all
instruments necessary or convenient for carrying on the
committee's operations.
(9) To issue appropriate regulations for the
implementation of this act.
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(10) To do all other things necessary or convenient to
carry out the powers granted to the committee by this act.
ยง 1706. Capitol Restoration Trust Fund and operating expenses.
(a) Establishment and administration.--The Capitol
Restoration Trust Fund is established as a separate fund in the
State Treasury. The fund shall be administered by the committee
and all money in the fund is appropriated to the committee on a
continuing basis.
(b) Purpose.--The money in the fund shall be used:
(1) for the maintenance, restoration, preservation and
rehabilitation of artifacts, documents and other historical
objects or resources located within and around or associated
with the State Capitol Building or acquired by the committee;
and
(2) for the acquisition of artifacts, documents and
other historical objects or resources, including, but not
limited to, statuary, art or any element which contribute to
the historical significance of the State Capitol Building.
(c) Contributions, solicitation of funds.--
(1) The committee is authorized:
(i) to accept on behalf of the Commonwealth gifts,
donations, legacies and usages of money from individuals,
organizations, public or private corporations and other
similar entities; and
(ii) to solicit and raise money from public and
private sources through the sale of commemorative medals
and other items of a similar nature which promote the
historic preservation and restoration of the State
Capitol Building.
(2) Except for appropriations made by the General
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Assembly, all money received or raised under this section
shall be paid into the State Treasury and credited to the
Capitol Restoration Trust Fund.
(d) Operating expenses.--Appropriations made by the General
Assembly to the committee shall be used for payment of necessary
travel and other reasonable expenses of committee members, for
the compensation and expenses of staff for the committee, for
administrative expenses and generally for the purpose of
carrying into effect the provisions of the chapter.
CHAPTER 19
OFFICE OF THE LEGISLATIVE FISCAL ANALYST
Sec.
1901. Definitions.
1902. Establishment.
1903. Powers and duties.
1904. Powers of the director.
ยง 1901. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Committee." The Legislative Committee on Appointments.
"Director." The Legislative Fiscal Analyst.
"Office." The Office of Legislative Fiscal Analysis
established under section 1902 (relating to establishment).
"Officer of the House of Representatives." Any of the
following:
(1) Speaker of the House of Representatives.
(2) Majority Leader of the House of Representatives.
(3) Chairman of the Appropriations Committee of the
House of Representatives.
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(4) Majority Whip of the House of Representatives.
(5) Majority Policy Chairman of the House of
Representatives.
(6) Majority Caucus Administrator of the House of
Representatives.
(7) Caucus Secretary of the House of Representatives.
(8) Caucus Chairman of the House of Representatives.
(9) Minority Leader of the House of Representatives.
(10) Minority Chairman of the Appropriations Committee
of the House of Representatives.
(11) Minority Whip of the House of Representatives.
(12) Minority Caucus Policy Chairman of the House of
Representatives.
(13) Minority Caucus Administrator of the House of
Representatives.
(14) Minority Caucus Secretary of the House of
Representatives.
(15) Minority Caucus Chairman of the House of
Representatives.
"Officer of the Senate." Any of the following:
(1) President pro tempore of the Senate.
(2) Majority Leader of the Senate.
(3) Chairman of the Appropriations Committee of the
Senate.
(4) Majority Whip of the Senate.
(5) Caucus Policy Chairman of the Senate.
(6) Caucus Secretary of the Senate.
(7) Caucus Administrator of the Senate.
(8) Caucus Chairman of the Senate.
(9) Minority Leader of the Senate.
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(10) Minority Chairman of the Appropriations Committee
of the Senate.
(11) Minority Whip of the Senate.
(12) Minority Policy Chairman of the Senate.
(13) Minority Caucus Secretary of the Senate.
(14) Minority Caucus Administrator of the Senate.
(15) Minority Caucus Chairman of the Senate.
ยง 1902. Establishment.
The Legislative Office of Fiscal Analysis is established as
an agency of the General Assembly.
ยง 1903. Powers and duties.
(a) Duties.--The office shall:
(1) Provide the General Assembly with estimates about
general revenue including:
(i) Current revenue estimates for each major type of
tax revenue including the long-term trends for that
revenue source.
(ii) Current estimates for Federal funds receipts
and the long-term trend concerning the receipt of Federal
funds.
(iii) Current estimates for tax collections and
Federal receipts to long-term trends deflated for the
inflationary effects of debt monetization.
(2) Prior to the Governor's budget address, report in
detail, the Commonwealth's operating budget and make
recommendations to the General Assembly concerning each line
item and program appearing in the budget. The report shall
include:
(i) Program funding and performance measures.
(ii) Determinations by an agency of the Commonwealth
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of whether a program should have funding maintained,
increased or decreased.
(iii) Determinations of whether a program should be
terminated.
(iv) Whether or not increases or decreases to
spending authority and other resource allocations for the
current fiscal year are required.
(v) Whether or not increases or decreases to
spending authority and other resource allocations for the
next three fiscal years are required.
(3) Prepare fiscal estimates for all proposed
legislation which shall include:
(i) impacts to the Commonwealth revenue collections;
(ii) anticipated changes to Commonwealth agency
expenditures;
(iii) anticipated expenditure changes for political
subdivisions of the Commonwealth;
(iv) anticipated direct cost to the residents of
this Commonwealth, including, but not limited to the unit
costs and total costs;
(v) anticipated direct and indirect cost to business
located in this Commonwealth; and
(vi) whether the legislation will change the
regulatory burden for residents and businesses including:
(A) whether the impact increases or decreases
the regulatory burden on businesses or residents of
this Commonwealth; and
(B) whether the change in the regulatory burden
is significant, moderate or nominal.
(4) Report instances in which the administration may be
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failing to carry out the expressed intent of the General
Assembly.
(5) Propose and analyze statutory changes for more
effective operational economies or more effective
administration of State finances.
(6) Prepare a summary at the start of the fiscal year
showing the current status compared to the past nine fiscal
years of the following and providing recommendations to the
General Assembly:
(i) Debt.
(ii) Long-term liabilities.
(iii) Contingent liabilities.
(iv) General Fund debt obligations.
(v) Balances in the Budget Stabilization Reserve
Fund.
(vi) Lapsing and nonlapsed fund balances.
(vii) Cash funded capital investment.
(7) Provide, at the end of every legislative session, a
summary showing the fiscal effect of the laws passed by the
General Assembly and the financial condition of the
Commonwealth. The summary shall be made available on the
office's publicly accessible Internet website.
(8) Prepare, deliver upon request and post on the
office's publicly accessible Internet website reports on the
finances of the Commonwealth and on anticipated or proposed
request for appropriations by any of the following:
(i) An officer of the Senate.
(ii) An officer of the House of Representatives.
(iii) Chairpersons of a standing committee of the
Senate.
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(iv) Chairpersons of a standing committee of the
House of Representatives.
(b) Report on fiscal outlook.--The office shall prepare a
report on the fiscal outlook and sustainability of the
Commonwealth beginning January 1, 2021, and every three years
thereafter. The following shall apply:
(1) In the first year the office shall report to the
General Assembly on the volatility of the Commonwealth's
revenue collections. The report shall include:
(i) Analysis of the Commonwealth tax base and
volatility of the revenue sources for the Commonwealth's
operating budget.
(ii) A review of Federal funding included in the
Commonwealth's General Fund and operating budget.
(iii) An identification of the balance of the
Budget Stabilization Reserve Fund and whether the balance
is adequate to handle volatility of the Commonwealth's
revenue sources.
(iv) Impact of transfers of the Commonwealth's
General Fund revenue sources to special or restricted
funds on the Commonwealth's General Fund.
(2) In the second year the office shall report to the
General Assembly on the long-term budget for programs
appropriated from major Commonwealth funds and revenue
sources.
(3) In the third year, the office shall provide a report
analyzing estimated future revenues and expenditures from
major funds and revenue sources under various potential
economic conditions. These conditions shall include, but are
not limited to:
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(i) Nominal economic growth or decline.
(ii) Moderate economic growth or decline.
(iii) Significant economic growth or decline.
(iv) Anticipated changes in Federal funds.
(c) Integrated Central System.--The office shall have full
access to the Integrated Central System as provided under
section 620.1 of the act of April 9, 1929 (P.L.177, No. 175),
known as The Administrative Code of 1929.
(d) Subpoena.--The office may, under the hand and seal of
the director, issue a subpoena to compel a Commonwealth agency
to provide documentation and information necessary to fulfill
the duties under this section.
ยง 1904. Powers of the director.
(a) Director.--The office shall operate under the
supervision of the director who shall hire and appoint staff to
fulfill the duties of the office under section 1903 (relating to
powers and duties) within the office's appropriated budget.
(b) Appointment.--The director shall be appointed by the
committee for a term of six years.
CHAPTER 21
OFFICE OF LEGISLATIVE AUDITOR GENERAL
Sec.
2101. Definitions.
2102. Establishment.
2103. Legislative Auditor General.
2104. Powers and duties of the office.
2105. Audits.
2106. Audit of Commonwealth agency appropriations.
2107. Report.
2108. Prohibition.
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2109. Disclosure of records.
ยง 2101. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." The Legislative Audit Advisory Commission
established under section 902 (relating to Legislative Audit
Advisory Commission).
"Committee." The Legislative Committee on Appointments
established under section 302 (relating to establishment).
"Entity." An organization that receives money from the
Commonwealth that is not a Commonwealth agency.
"Legislative Auditor." The Legislative Auditor General.
"Office." The Office of Legislative Auditor General
established under section 2102 (relating to establishment).
ยง 2102. Establishment.
The Office of Legislative Auditor General is established.
ยง 2103. Legislative Auditor General.
(a) Term.--The Legislative Auditor shall be appointed by the
committee for a six-year term.
(b) Qualifications.--The Legislative Auditor shall be a
licensed certified public accountant or certified internal
auditor with at least five years' experience in the auditing or
public accounting profession or equivalent experience.
(c) Staff.--The Legislative Auditor shall appoint and hire
staff necessary to fulfill the duties of the office under this
chapter.
(d) Restriction.--The Legislative Auditor may not serve or
be appointed to serve on any board, authority, commission or
other agency of the Commonwealth during the Legislative
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Auditor's term.
ยง 2104. Powers and duties of the office.
(a) Review and audit of finances.--The office shall exercise
the power of the General Assembly to review and audit the
finances of any Commonwealth agency or entity that receives
money from the Commonwealth.
(b) Report.--The office shall prepare and write a report on
each audit or examination of public finances to the commission
and to members of the General Assembly.
(c) New programs and agencies.--The office shall monitor all
new programs and agencies created by the General Assembly or
executive action during the legislative session. The following
shall apply:
(1) The office shall provide the Commonwealth agency
administering the program with a list of best practices for
operating the program, including:
(i) Policies.
(ii) Performance measures.
(iii) Data collection.
(2) The office shall send each new agency or program,
for the first two years following the establishment of an
agency or program, the necessary documents for self-
evaluation policies, performance measures and data
collection.
(3) The office shall use the self-evaluation documents
provided under paragraph (2) to recommend to the commission
that an audit be conducted.
(4) The office shall provide the Commonwealth agency
with an explanation why an audit is being performed should
the Legislative Auditor choose to initiate an audit.
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(5) The office shall provide information to the General
Assembly using the information under this subsection on
whether the agency or program is meeting the legislative
duties and objectives.
(6) The office shall audit, examine or review any entity
that receives funds from the Commonwealth or one of the
Commonwealth's political subdivisions including a
determination of the following:
(i) The honesty and integrity of all the entity's
fiscal affairs.
(ii) The accuracy and reliability of the entity's
financial statements and reports.
(iii) Whether or not the entity's financial controls
are adequate and effective to properly record and
safeguard the entity's acquisition, custody, use and
accounting of public funds.
(iv) Whether or not the administrators of the entity
have faithfully adhered to the legislative intent.
(v) Whether or not the programs of the entity have
been effective in accomplishing intended objectives.
(vi) Whether or not the entity's managements control
and information systems are adequate and effective.
(d) Subpoena.--The office may, under the hand and seal of
the Legislative Auditor, issue a subpoena to compel a
Commonwealth agency to provide documentation or information
necessary to fulfill the duties under this section.
ยง 2105. Audits.
(a) Additional audits permitted.--In addition to the audits
under this chapter, the office may perform audits under the
following circumstances:
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(1) If an audit is requested by the President pro
tempore of the Senate.
(2) If an audit is requested by the Majority Leader or
Minority Leader of the Senate.
(3) If an audit is requested by the Speaker of the House
of Representatives.
(4) If an audit is requested by the Majority Leader or
Minority Leader of the House of Representatives.
(5) Passage of a resolution in the Senate.
(6) Passage of a resolution in the House of
Representatives.
(b) Construction.--Nothing in this section shall be
construed to require the office to perform an audit requested
under subsection (a).
ยง 2106. Audit of Commonwealth agency appropriations.
(a) Appropriations audit.--The office, in addition to other
audits performed under this chapter, shall establish a schedule
for reviewing and auditing the appropriations of Commonwealth
Agencies. The office shall review and audit the appropriations
of at least one Commonwealth agency every fiscal year.
(b) Efficiency.--The audit of a Commonwealth agency's
appropriation shall determine the extent to which the
Commonwealth agency has efficiently and effectively used the
money appropriated to the agency.
(c) Determination.--The office shall make the determination
under subsection (b) by reviewing the following information:
(1) a Commonwealth agency's appropriation history;
(2) the Commonwealth agency's history of expenditures
and the Commonwealth agency's history of efficiency relative
to the Commonwealth agency's expenditures. As used in this
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paragraph, the term "efficiency" shall include, but is not
limited to a determination of:
(i) Whether a Commonwealth agency has successfully
met performance goals while remaining within the
Commonwealth agency's authorized appropriation.
(ii) Whether a Commonwealth agency's performance
goals are measurable and allow for the Commonwealth
agency and the Governor's Budget Office to a measure the
impact of services provided by a program of the
Commonwealth agency.
(iii) Historic trends in the Commonwealth agency's
operational performance effectiveness.
(iv) Whether the Commonwealth agency's employee
complement and operation are commensurate with the
Commonwealth agency's expenditure history.
(v) Whether the Commonwealth agency has been
diligent in the Commonwealth agency's stewardship of
taxpayer dollars. For the purpose of this section, the
term "diligent" shall include:
(A) whether the Commonwealth agency has
maintained proper financial records;
(B) whether the Commonwealth agency has taken
advantage of opportunities to save funds appropriated
to the Commonwealth agency; and
(C) whether the Commonwealth agency has remained
within the Commonwealth agency's appropriation over
the past five fiscal years.
(vi) Whether the Commonwealth agency provided notice
to the Governor's Budget Office and the General Assembly
if the agency did not expend all of the Commonwealth
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agency's appropriation.
(vii) Whether the Commonwealth agency's returned any
unexpended funds to the General Fund.
(viii) If the money lapsed, whether the Commonwealth
agency followed the procedure for lapsed funds under
section 621 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929. The
audit performed by the office shall include information
on when lapsed funds by the Commonwealth agency were
expended.
(ix) Whether the Commonwealth agency has exceeded
the Commonwealth agency's authorized appropriation.
(d) Overspend.--If an agency has overspent the Commonwealth
agency's appropriation in a prior fiscal year, the audit shall
thoroughly review the reasons why and provide recommendations to
the Commonwealth agency and the General Assembly to address the
overspending in the subsequent fiscal year.
(e) Audit release.--Following completion of an audit under
this section, the office shall release the audit to the
Governor, members of the General Assembly and the Secretary of
the Budget and place the audit on the office's publicly
accessible Internet website.
(f) Governor's use of audit.--The Governor shall utilize
audits performed by the office in the preparation of the
Governor's executive budget under section 613 of The
Administrative Code of 1929. If the Governor recommends to
increase funding to a Commonwealth agency whose most recent
audit determined the agency has not been diligent, as defined in
subsection (c)(2)(v), or efficient with the funds appropriated
to it, the Governor shall provide a written explanation for
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recommending the increase.
ยง 2107. Report.
The office shall, no later than December 31 of each year,
provide a summary to the Governor and members of the General
Assembly of the audits performed by the office during the
calendar year along with the findings and recommendations of the
office.
ยง 2108. Prohibition.
No elected official may act in such a manner that would
attempt to place undue pressure or burden on the office, the
Legislative Auditor General or any employee of the office
concerning an audit, review or examination of an entity.
ยง 2109. Disclosure of records.
(a) Confidentiality.--The following records collected by the
office shall be protected and confidential information exempt
from the act of February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law:
(1) Records that would disclose information relating to
allegations of misconduct, gross mismanagement or illegal
activity in the past or present of a government employee
which cannot be collaborated by the Legislative Auditor
through other documents, evidence or records, and the records
relating to the allegation are not relied upon by the
Legislative Auditor in the office's final report.
(2) Records and audit work paper to the extent they
would disclose the identity of a person who during the course
of a legislative audit communicated the existence of any
waste of public funds, property or manpower if the
information was disclosed to the office with the
understanding that the identity of the person would be
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protected.
(3) Records and audit work paper to the extent they
would disclose the identity of a person who during the course
of a legislative audit communicated the violation or
suspected violation of a law, rule or regulation adopted
under the laws of the Commonwealth or one of the
Commonwealth's political subdivisions or any recognized
entity of the United States if the information was disclosed
to the office with the understanding that the identity of the
person would be protected.
(4) Records that would disclose or outline any part of a
current or future audit.
(5) Information pertaining to the request for an audit
if disclosure would threaten the integrity of the audit or
prevent the office from being able to successfully perform
the audit.
(b) Certain disclosure permitted.--The office shall disclose
information and records under this section pertaining to a
violation of the law by a Commonwealth agency, employee of the
Commonwealth or audited entity under this chapter to the proper
prosecuting authority.
(c) Unauthorized disclosure.--Disclosure in violation of
this section shall be a misdemeanor of the third degree.
CHAPTER 23
LEGISLATIVE BUDGET AND FINANCE COMMITTEE
Sec.
2301. Definitions.
2302. Establishment and membership.
2303. Officers and role of committee.
2304. Powers and duties.
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2305. Duties of executive director.
2306. Compensation and reimbursements.
2307. Comments.
ยง 2301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Committee." The Legislative Budget and Finance Committee
established under section 2302 (relating to establishment and
membership).
ยง 2302. Establishment and membership.
(a) Establishment of committee.--The Legislative Budget and
Finance Committee is established.
(b) Membership.--The committee shall consist of:
(1) The President pro tempore of the Senate or a
designee.
(2) The Majority leader of the Senate or a designee.
(3) The Minority leader of the Senate or a designee.
(4) Three other members of the Senate, two of which
shall be in the minority party.
(5) The Speaker of the House of Representatives.
(6) The Majority Leader of the House of Representatives
or a designee.
(7) The Minority Leader of the House of Representatives
or a designee.
(8) Three additional members of the House of
Representatives.
(c) Term.--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
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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 the committee members that are not members of the
Senate or the House of Representatives shall cease upon the
convening of the next regular session of the General Assembly
after the member's appointment. The committee has a continuing
existence and may meet and conduct committee business at any
place within this Commonwealth during the sessions of the
General Assembly or any recess thereof and in the interim
between sessions.
ยง 2303. Officers and role of committee.
The committee shall have the power and duty to appoint a
chairman, vice-chairman and other officers, to make rules and
regulations governing committee proceedings and to perform,
either through the committee or through subcommittees of the
committee, all duties and functions relating to the study of the
revenues, expenditures and fiscal issues of the Commonwealth,
Commonwealth officers, boards, committees, commissions,
institutions and other State agencies.
ยง 2304. Powers and duties.
The committee shall have the following powers and duties:
(1) To request, receive, review, examine, study,
ascertain and compare fiscal information concerning the
budget, the revenues and expenditures of the Commonwealth and
to make recommendations to the General Assembly, when found
advisable, directed to the elimination of unnecessary
expenditures and to the promotion of economy in the
government of the Commonwealth.
(2) To make current examination and, when pertinent,
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reports concerning the current condition of all State funds,
appropriations and other money, whether or not the
appropriations are currently being expended for the purposes
and within the statutory restrictions provided by the General
Assembly, and concerning the current availability of revenue
to meet expenditures under appropriations.
(3) To report to the General Assembly, 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) To make reports, from time to time, to the members
of the General Assembly and, upon request, to the standing
committees of the Senate and House of Representatives with
respect to any of the committee's findings or recommendations
of a fiscal nature. The committee shall keep complete minutes
of meetings and make and distribute a final report to the
members of the ensuing General Assembly not later than 10
days after the convening of the regular session of the
General Assembly.
(5) The committee may issue subpoenas, under the hand
and seal of the chairperson, to compel the attendance of
witnesses and the production of any papers, books, accounts,
documents and testimony touching matters of a fiscal nature
properly being inquired into by the committee, to administer
oaths and to cause the deposition of witnesses, either
residing within or without this Commonwealth, to be taken in
the manner prescribed by laws for taking depositions in civil
actions. Any person who willfully neglects or refuses to
comply with any subpoena issued on behalf of the committee,
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or refuses to testify to any matters regarding which the
person may be lawfully interrogated, shall be subject to the
penalties provided by the laws of this Commonwealth in such
cases.
(6) To reimburse each witness who appears before the
committee by order of the committee, other than an officer or
employee of the Commonwealth, for 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 the witness and
approved by the chairman or vice-chairman of the committee.
(7) To appoint an executive director, and to fix the
compensation of the director, who shall be the chief
executive officer of the committee and assist in the duties
and information compilation of the committee. The committee
is authorized to select and employ other personnel that the
committee may deem necessary in the performance of its
duties. The compensation and salaries of committee personnel
shall be fixed by the committee.
ยง 2305. Duties of executive director.
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 the
director by the committee.
ยง 2306. Compensation and reimbursements.
The members of the committee shall serve without compensation
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but shall be reimbursed for expenses incurred:
(1) While attending sessions of the committee or
meetings of any subcommittee of the committee.
(2) While engaged on other committee business authorized
by the committee.
(3) In going to and coming from meetings of the
committee or its subcommittees.
(4) For travel and other committee business when
authorized by the committee.
ยง 2307. Comments.
Before any written report is made by the committee, the
department, officer or agency of the government involved therein
shall be afforded an opportunity to comment. Comments shall be
attached to the report.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 46
Pa.C.S. Ch. 5.
(2) The act of May 7, 1923 (P.L.158, No.119), entitled
"An act creating a Legislative Reference Bureau; providing
for the election of a director by the General Assembly;
designating the officers and employes of such bureau,
defining their duties; fixing their salaries; abolishing the
present Legislative Reference Bureau; and making an
appropriation," is repealed.
(3) The General Assembly declares that the repeal under
paragraph (4) is necessary to effectuate the addition of 46
Pa.C.S. Ch. 7.
(4) Article VI-B of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, is
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repealed.
(5) The General Assembly declares that the repeal under
paragraph (6) is necessary to effectuate the addition of 46
Pa.C.S. Ch. 9.
(6) The act of June 30, 1970 (P.L.442, No.151), entitled
"An act implementing the provisions of Article VIII, section
10 of the Constitution of Pennsylvania, by designating the
Commonwealth officers who shall be charged with the function
of auditing the financial transactions after the occurrence
thereof of the Legislative and Judicial branches of the
government of the Commonwealth, establishing a Legislative
Audit Advisory Commission, and imposing certain powers and
duties on such commission," is repealed.
(7) The General Assembly declares that the repeal under
paragraph (8) is necessary to effectuate the addition of 46
Pa.C.S. Ch. 15.
(8) The act of December 10, 1968 (P.L.1158, No.365),
entitled "An act creating and establishing the Legislative
Data Processing Committee: providing for its membership;
prescribing its powers, functions and duties; and making an
appropriation," is repealed.
(9) The General Assembly declares that the repeal under
paragraph (10) is necessary to effectuate the addition of 46
Pa.C.S. Ch. 17.
(10) The act of December 20, 1982 (P.L.1442, No.327),
known as the State Capitol Preservation Act, is repealed.
(11) The General Assembly declares that the repeal under
paragraph (12) is necessary to effectuate the addition of 46
Pa.C.S. Ch. 23.
(12) The act of August 4, 1959 (P.L.587, No.195),
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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," is repealed.
(13) The following acts and parts of acts are repealed:
(i) The act of May 29, 1935 (P.L.244, No.102),
entitled "An act creating a Local Government Commission
to study and report on functions of local government;
their allocation and elimination; the cost of local
government and means of reducing it; and the
consolidation of local government; and making an
appropriation."
(ii) The act of July 1, 1937 (P.L.2460, No.459),
entitled "An act creating a joint legislative commission,
to be known as the Joint State Government Commission;
providing for its membership, chairman and executive
committee; defining its powers and duties; and defining
the powers and duties of standing committees of the
General Assembly."
(iii) Chapter 3 of the act of June 30, 1987
(P.L.163, No.16), known as the Rural Pennsylvania
Revitalization Act.
Section 3. The addition of 46 Pa.C.S. Ch. 5 is a
continuation of the act of May 7, 1923 (P.L.158, No.119),
entitled "An act creating a Legislative Reference Bureau;
providing for the election of a director by the General
Assembly; designating the officers and employes of such bureau,
defining their duties; fixing their salaries; abolishing the
present Legislative Reference Bureau; and making an
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appropriation." The following apply:
(1) Except as otherwise provided in the addition of 46
Pa.C.S. Ch. 5, all activities initiated under the act of May
7, 1923 (P.L.158, No.119), shall continue and remain in full
force and effect and may be completed under 46 Pa.C.S. Ch. 5.
Orders, regulations, rules and decisions which were made
under the act of May 7, 1923 (P.L.158, No.119), and in effect
on the effective date of section 2(2) of this act shall
remain in full force and effect until revoked, vacated or
modified under 46 Pa.C.S. Ch. 5. Contracts, obligations and
collective bargaining agreements entered into under the act
of May 7, 1923 (P.L.158, No.119), are not affected nor
impaired by the repeal of the act of May 7, 1923 (P.L.158,
No.119).
(2) Any difference in language between the addition of
46 Pa.C.S. Ch. 5 and the act of May 7, 1923 (P.L.158,
No.119), is intended only to conform to the style of the
Pennsylvania Consolidated Statutes and is not intended to
change or affect the legislative intent, judicial
construction or administration and implementation of the act
of May 7, 1923 (P.L.158, No.119).
Section 4. The addition of 46 Pa.C.S. Ch. 7 is a
continuation of Article VI-B of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929. The
following apply:
(1) Except as otherwise provided in the addition of 46
Pa.C.S. Ch. 7, all activities initiated under Article VI-B of
The Administrative Code of 1929 shall continue and remain in
full force and effect and may be completed under 46 Pa.C.S.
Ch. 7. Orders, regulations, rules and decisions which were
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made under Article VI-B of The Administrative Code of 1929
and in effect on the effective date of section 2(4) of this
act shall remain in full force and effect until revoked,
vacated or modified under 46 Pa.C.S. Ch. 7. Contracts,
obligations and collective bargaining agreements entered into
under Article VI-B of The Administrative Code of 1929 are not
affected nor impaired by the repeal of Article VI-B of The
Administrative Code of 1929.
(2) Any difference in language between the addition of
46 Pa.C.S. Ch. 7 and Article VI-B of The Administrative Code
of 1929 is intended only to conform to the style of the
Pennsylvania Consolidated Statutes and is not intended to
change or affect the legislative intent, judicial
construction or administration and implementation of Article
VI-B of The Administrative Code of 1929.
Section 5. The addition of 46 Pa.C.S. Ch. 9 is a
continuation of the act of June 30, 1970 (P.L.442, No.151),
entitled "An act implementing the provisions of Article VIII,
section 10 of the Constitution of Pennsylvania, by designating
the Commonwealth officers who shall be charged with the function
of auditing the financial transactions after the occurrence
thereof of the Legislative and Judicial branches of the
government of the Commonwealth, establishing a Legislative Audit
Advisory Commission, and imposing certain powers and duties on
such commission." The following apply:
(1) Except as otherwise provided in the addition of 46
Pa.C.S. Ch. 9, all activities initiated under the act of June
30, 1970 (P.L.442, No.151), shall continue and remain in full
force and effect and may be completed under 46 Pa.C.S. Ch. 9.
Orders, regulations, rules and decisions which were made
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under the act of June 30, 1970 (P.L.442, No.151), and in
effect on the effective date of section 2(6) of this act
shall remain in full force and effect until revoked, vacated
or modified under 46 Pa.C.S. Ch. 9. Contracts, obligations
and collective bargaining agreements entered into under the
act of June 30, 1970 (P.L.442, No.151), are not affected nor
impaired by the repeal of the act of June 30, 1970 (P.L.442,
No.151).
(2) Any difference in language between the addition of
46 Pa.C.S. Ch. 9 and the act of June 30, 1970 (P.L.442,
No.151), is intended only to conform to the style of the
Pennsylvania Consolidated Statutes and is not intended to
change or affect the legislative intent, judicial
construction or administration and implementation of the act
of June 30, 1970 (P.L.442, No.151).
Section 6. The addition of 46 Pa.C.S. Ch. 15 is a
continuation of the act of December 10, 1968 (P.L.1158, No.365),
entitled "An act creating and establishing the Legislative Data
Processing Committee: providing for its membership; prescribing
its powers, functions and duties; and making an appropriation."
The following apply:
(1) Except as otherwise provided in the addition of 46
Pa.C.S. Ch. 15, all activities initiated under the act of
December 10, 1968 (P.L.1158, No.365), shall continue and
remain in full force and effect and may be completed under 46
Pa.C.S. Ch. 15. Orders, regulations, rules and decisions
which were made under the act of December 10, 1968 (P.L.1158,
No.365), and in effect on the effective date of section 2(8)
of this act shall remain in full force and effect until
revoked, vacated or modified under 46 Pa.C.S. Ch. 15.
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Contracts, obligations and collective bargaining agreements
entered into under the act of December 10, 1968 (P.L.1158,
No.365), are not affected nor impaired by the repeal of the
act of December 10, 1968 (P.L.1158, No.365).
(2) Except as set forth in paragraph (3), any difference
in language between the addition of 46 Pa.C.S. Ch. 15 and the
act of December 10, 1968 (P.L.1158, No.365), is intended only
to conform to the style of the Pennsylvania Consolidated
Statutes and is not intended to change or affect the
legislative intent, judicial construction or administration
and implementation of the act of December 10, 1968 (P.L.1158,
No.365).
(3) Paragraph (2) does not apply to the additions of 46
Pa.C.S. ยง 1506(b), (c), (d) and (e).
Section 7. The addition of 46 Pa.C.S. Ch. 17 is a
continuation of the act of December 20, 1982 (P.L.1442, No.327),
known as the State Capitol Preservation Act. The following
apply:
(1) Except as otherwise provided in the addition of 46
Pa.C.S. Ch. 17, all activities initiated under the State
Capitol Preservation Act shall continue and remain in full
force and effect and may be completed under 46 Pa.C.S. Ch.
17. Orders, regulations, rules and decisions which were made
under the State Capitol Preservation Act and in effect on the
effective date of section 2(10) of this act shall remain in
full force and effect until revoked, vacated or modified
under 46 Pa.C.S. Ch. 17. Contracts, obligations and
collective bargaining agreements entered into under the State
Capitol Preservation Act are not affected nor impaired by the
repeal of the State Capitol Preservation Act.
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(2) Any difference in language between the addition of
46 Pa.C.S. Ch. 17 and the State Capitol Preservation Act is
intended only to conform to the style of the Pennsylvania
Consolidated Statutes and is not intended to change or affect
the legislative intent, judicial construction or
administration and implementation of the State Capitol
Preservation Act.
Section 8. The addition of 46 Pa.C.S. Ch. 23 is a
continuation 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." The following apply:
(1) Except as otherwise provided in the addition of 46
Pa.C.S. Ch. 23, all activities initiated under the act of
August 4, 1959 (P.L.587, No.195) shall continue and remain in
full force and effect and may be completed under 46 Pa.C.S.
Ch. 23. Orders, regulations, rules and decisions which were
made under the act of August 4, 1959 (P.L.587, No.195) and in
effect on the effective date of section 2(12) of this act
shall remain in full force and effect until revoked, vacated
or modified under 46 Pa.C.S. Ch. 23. Contracts, obligations
and collective bargaining agreements entered into under the
act of August 4, 1959 (P.L.587, No.195) are not affected nor
impaired by the repeal of the act of August 4, 1959 (P.L.587,
No.195).
(2) Any difference in language between the addition of
46 Pa.C.S. Ch. 23 and the act of August 4, 1959 (P.L.587,
No.195) is intended only to conform to the style of the
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Pennsylvania Consolidated Statutes and is not intended to
change or affect the legislative intent, judicial
construction or administration and implementation of the act
of August 4, 1959 (P.L.587, No.195).
Section 9. This act shall take effect in 60 days.
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