THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY REICHLEY, BAKER, BEYER, CLYMER, CUTLER, DENLINGER, FARRY, GINGRICH, GRELL, GROVE, HARHART, HUTCHINSON, KOTIK, MICOZZIE, MILLER, MURT, PICKETT, QUINN, RAPP, SIPTROTH, SWANGER, VULAKOVICH AND WATSON, MAY 5, 2010

REFERRED TO COMMITTEE ON FINANCE, MAY 5, 2010  

AN ACT

Amending the act of April 9, 1929 (P.L.343, No.176), entitled,

as amended, "An act relating to the finances of the State

government; providing for the settlement, assessment,

collection, and lien of taxes, bonus, and all other accounts

due the Commonwealth, the collection and recovery of fees and

other money or property due or belonging to the Commonwealth,

or any agency thereof, including escheated property and the

proceeds of its sale, the custody and disbursement or other

disposition of funds and securities belonging to or in the

possession of the Commonwealth, and the settlement of claims

against the Commonwealth, the resettlement of accounts and

appeals to the courts, refunds of moneys erroneously paid to

the Commonwealth, auditing the accounts of the Commonwealth

and all agencies thereof, of all public officers collecting

moneys payable to the Commonwealth, or any agency thereof,

and all receipts of appropriations from the Commonwealth,

authorizing the Commonwealth to issue tax anticipation notes

to defray current expenses, implementing the provisions of

section 7(a) of Article VIII of the Constitution of

Pennsylvania authorizing and restricting the incurring of

certain debt and imposing penalties; affecting every

department, board, commission, and officer of the State

government, every political subdivision of the State, and

certain officers of such subdivisions, every person,

association, and corporation required to pay, assess, or

collect taxes, or to make returns or reports under the laws

imposing taxes for State purposes, or to pay license fees or

other moneys to the Commonwealth, or any agency thereof,

every State depository and every debtor or creditor of the

Commonwealth," further providing for disposition of the

Budget Stabilization Reserve Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1703-A of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code, added June 29, 2002

(P.L.614, No.91), is amended to read:

Section 1703-A.  Disposition of Budget Stabilization Reserve

Fund.

(a)  Purpose.--It is the intent of the General Assembly that:

(1)  Money from the Budget Stabilization Reserve Fund be

appropriated only when emergencies involving the health,

safety or welfare of the residents of this Commonwealth or

downturns in the economy resulting in significant

unanticipated revenue shortfalls cannot be dealt with through

the normal budget process.

(2)  Money in the Budget Stabilization Reserve Fund shall

not be used primarily to begin new programs but to provide

for the continuation of vital public programs in danger of

being eliminated or severely reduced due to financial

problems resulting from the economy.

(b)  Appropriation.--[Whenever]

(1)  Except as provided in paragraph (2), whenever the

Governor determines that an appropriation from the Budget

Stabilization Reserve Fund is necessary to meet emergencies

involving the health, safety or welfare of the residents of

this Commonwealth or to counterbalance downturns of the

economy which result in significant unanticipated revenue

shortfalls, the Governor shall present a request for an

appropriation along with the specifics of the proposal and

suggested ancillary and substantive legislation as may be

necessary to the chairman of Appropriations Committee of the

Senate and the chairman of the Appropriations Committee of

the House of Representatives. The General Assembly may then

through approval of a separate appropriation bill by a vote

of two-thirds of the members elected to the Senate and the

House of Representatives appropriate money from the Budget

Stabilization Reserve Fund to meet the needs identified in

the Governor's proposal. Any money appropriated according to

this section which has then lapsed shall be returned to the

Budget Stabilization Reserve Fund.

(2)  Within ten days of the creation of the Disease

Management Tax Credit Fund, the amount of $20,000,000 shall

be transferred from the Budget Stabilization Reserve Fund to

the Disease Management Tax Credit Fund.

Section 2.  This act shall take effect in 60 days.