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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DENLINGER, BOYD, CALTAGIRONE, CLYMER, COX, CUTLER, DAVIDSON, GEIST, GINGRICH, HESS, HUTCHINSON, KAUFFMAN, METCALFE, MILNE, PYLE, RAPP, REICHLEY, ROCK, SIMMONS, STEVENSON, TAYLOR AND VULAKOVICH, JUNE 2, 2011 |
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| REFERRED TO COMMITTEE ON APPROPRIATIONS, JUNE 2, 2011 |
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| AN ACT |
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1 | Amending the act of April 9, 1929 (P.L.177, No.175), entitled |
2 | "An act providing for and reorganizing the conduct of the |
3 | executive and administrative work of the Commonwealth by the |
4 | Executive Department thereof and the administrative |
5 | departments, boards, commissions, and officers thereof, |
6 | including the boards of trustees of State Normal Schools, or |
7 | Teachers Colleges; abolishing, creating, reorganizing or |
8 | authorizing the reorganization of certain administrative |
9 | departments, boards, and commissions; defining the powers and |
10 | duties of the Governor and other executive and administrative |
11 | officers, and of the several administrative departments, |
12 | boards, commissions, and officers; fixing the salaries of the |
13 | Governor, Lieutenant Governor, and certain other executive |
14 | and administrative officers; providing for the appointment of |
15 | certain administrative officers, and of all deputies and |
16 | other assistants and employes in certain departments, boards, |
17 | and commissions; and prescribing the manner in which the |
18 | number and compensation of the deputies and all other |
19 | assistants and employes of certain departments, boards and |
20 | commissions shall be determined," providing for at least a 2% |
21 | reduction in State spending for the 2011-2012 budget and for |
22 | a reduction in the rate of the personal income tax levied on |
23 | Pennsylvania S corporations. |
24 | The General Assembly of the Commonwealth of Pennsylvania |
25 | hereby enacts as follows: |
26 | Section 1. Section 610 of the act of April 9, 1929 (P.L.177, |
27 | No.175), known as The Administrative Code of 1929, added |
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1 | September 27, 1978 (P.L.775, No.149), is amended to read: |
2 | Section 610. Preparation of Budget.--(a) The Secretary of |
3 | the Budget shall, in each year obtain and prepare financial and |
4 | program information necessary for the preparation of a State |
5 | budget for the budget year beginning July 1 and for the |
6 | preparation of financial and program projections for the budget |
7 | year and for four succeeding years. He shall, not later than |
8 | August 15 of such year distribute to the Governor, to the |
9 | Lieutenant Governor, to the Auditor General, to the State |
10 | Treasurer, to the Attorney General, to each administrative |
11 | department, to each independent administrative board and |
12 | commission, to the Chief Clerk of the Senate, to the Chief Clerk |
13 | of the House of Representatives, to the State court |
14 | administrator, and to all institutions or other agencies which |
15 | desire State appropriations to be made to them, the proper |
16 | instructions and blanks necessary to the preparation of the |
17 | budget requests with a notice that such blanks shall be returned |
18 | with the information desired, not later than November 1 of the |
19 | same year. Such blanks shall be in such form as shall be |
20 | prescribed by the secretary, to procure any or all information |
21 | pertaining to the purposes of all programs to be funded in the |
22 | budget, the revenues, expenditures, program activities and |
23 | accomplishments for the preceding fiscal year, for the current |
24 | fiscal year, and for the budget year and for four succeeding |
25 | years, the appropriations made for the preceding fiscal year, |
26 | the expenditures therefrom, encumbrances thereon, the amount |
27 | unencumbered and unexpended, an itemized estimate of the |
28 | revenues and expenditures of the current fiscal year, for the |
29 | budget year and succeeding years, and an estimate of the revenue |
30 | amounts needed and program activity and accomplishment levels |
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1 | for the respective departments, boards, commissions, for |
2 | expenses of the General Assembly, for the Judicial Department, |
3 | and for any and all institutions, or other agencies to which |
4 | appropriations are likely to be made by the General Assembly for |
5 | the budget year and ensuing years. Such blanks shall also |
6 | require the person returning them to accompany them with a |
7 | statement in writing, giving the purposes of each program to be |
8 | funded, the expected levels of activity of the programs, the |
9 | expected levels of accomplishments and the measures to be used |
10 | to determine to what extent the programs have achieved the |
11 | stated purposes. In addition such blanks shall require the |
12 | person returning them to accompany them with a statement in |
13 | writing giving the facts, and an explanation of the methods and |
14 | reasons for arriving at the estimates of receipts and |
15 | expenditures for the budget year and for four succeeding years. |
16 | For the budget year 2011-2012, in accordance with section 626, |
17 | the blanks shall require the person returning them to include |
18 | estimates of receipts and expenditures for the budget year that |
19 | are no greater than ninety-eight per centum (98%) of the |
20 | receipts and expenditures that were appropriated in budget year |
21 | 2010-2011. It shall be the duty of each administrative |
22 | department, and each independent administrative board and |
23 | commission to comply, not later than November 1, with any and |
24 | all requests made by the Secretary of the Budget in connection |
25 | with the budget. |
26 | (b) The Secretary of the Budget may, under the direction of |
27 | the Governor, make further inquiries and investigations as to |
28 | the financial needs, expenditures, estimates of levels of |
29 | program activities and accomplishments, or revenues, of any |
30 | department, board, commission, authority, political subdivision, |
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1 | institution or other agency receiving money from the State |
2 | Treasury. The Governor may, after giving to each department, |
3 | board or commission an opportunity to be heard, approve, |
4 | disapprove or alter the budget requests. The Secretary of the |
5 | Budget shall, on or before January 1 next succeeding, submit to |
6 | the Governor, in writing, the above information, and any |
7 | additional requested by the Governor, as the basis for the |
8 | Governor's requests for appropriations for the next succeeding |
9 | year. |
10 | Section 2. Section 613 of the act is amended by adding a |
11 | clause to read: |
12 | Section 613. Submission of Budget to General Assembly.--As |
13 | soon as possible after the organization of the General Assembly, |
14 | but not later than the first full week in February of each year, |
15 | except in the case where a Governor has been elected for his |
16 | first term of office and then no later than the first full week |
17 | in March, the Governor shall submit to the General Assembly |
18 | copies of original agency budget requests and all subsequent |
19 | revised agency budget requests and a State budget and program |
20 | and financial plan embracing: |
21 | * * * |
22 | (5) For budget year 2011-2012, in accordance with section |
23 | 626, a balanced operating budget no greater than ninety-eight |
24 | per centum (98%) of the total balanced operating budget for |
25 | budget year 2010-2011. |
26 | Section 3. The act is amended by adding a section to read: |
27 | Section 626. State Spending Reduction.--(a) For budget year |
28 | 2011-2012, the final enacted budget shall be no greater than |
29 | ninety-eight per centum (98%) of the final enacted budget in |
30 | budget year 2010-2011. The blanks necessary to the preparation |
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1 | of the budget requests submitted by the Governor, the Lieutenant |
2 | Governor, the Auditor General, the State Treasurer, the Attorney |
3 | General, each administrative department, each administrative |
4 | board and commission, the Chief Clerk of the Senate, the Chief |
5 | Clerk of the House of Representatives, the State court |
6 | administrator and all institutions or other agencies which |
7 | desire State appropriations to be made to them shall include and |
8 | clearly indicate a request for State appropriations no greater |
9 | than ninety-eight per centum (98%) of the State appropriation |
10 | granted in budget year 2010-2011. |
11 | (b) The final enacted budget appropriation to the Governor, |
12 | the Lieutenant Governor, the Auditor General, the State |
13 | Treasurer, the Attorney General, each administrative department, |
14 | each administrative board and commission, the Chief Clerk of the |
15 | Senate, the Chief Clerk of the House of Representatives, the |
16 | State court administrator and all institutions or other agencies |
17 | which desire State appropriations to be made to them shall not |
18 | exceed ninety-eight per centum (98%) of the State appropriation |
19 | granted in budget year 2010-2011. |
20 | (c) Notwithstanding any other act, the Department of Revenue |
21 | shall reduce the rate of the personal income tax for fiscal year |
22 | 2011-2012 as it levied on Pennsylvania S corporations under |
23 | Article III, Part IV-A of the act of March 4, 1971 (P.L.6, |
24 | No.2), known as the "Tax Reform Code of 1971." The reduction in |
25 | the rate of the personal income tax levied on Pennsylvania S |
26 | corporations shall be sufficient to reduce collections of the |
27 | personal income tax levied on Pennsylvania S corporations by at |
28 | least three hundred seventeen million dollars ($317,000,000). |
29 | (d) This section shall apply to budget year 2011-2012. |
30 | (e) This section shall expire June 30, 2012. |
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1 | Section 4. This act shall take effect in 60 days. |
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