2023-2024 Regular Session HB 1137 PN 1194 Bill Text (HTM)

PRINTER'S NO. 1194

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1137

Session of

2023

INTRODUCED BY CIRESI, SANCHEZ, FREEMAN, MADDEN, DELLOSO, BURGOS,

D. WILLIAMS, CERRATO AND MALAGARI, MAY 10, 2023

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 10, 2023

AN ACT

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

"An act relating to the finances of the State government;

providing for cancer control, prevention and research, for

ambulatory surgical center data collection, for the Joint

Underwriting Association, for entertainment business

financial management firms, for private dam financial

assurance and for reinstatement of item vetoes; 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," in special funds, further providing for

disposition of Budget Stabilization Reserve Fund; and making

interfund transfers.

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, is amended to read:

Section 1703-A. Disposition of Budget Stabilization Reserve

Fund.

(a) Purpose.--[It] Except as otherwise provided in this

section, 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 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.--Except as provided under subsection (c)

or (d), 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 which may include the specifics of the proposal

and suggested ancillary and substantive legislation as may be

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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.

shall be transferred from the Budget Stabilization Reserve Fund

to the General Fund and shall be available for appropriation by

the General Assembly.

(d) Transfer for pension liabilities.--No later than January

1, 2024:

(1) $670,000,000 shall be transferred from the Budget

Stabilization Reserve Fund to the Public School Employees'

Retirement Fund as a one-time supplemental transfer for the

purpose of reducing the unfunded actuarial accrued liability

of the Public School Employees' Retirement System.

(2) $330,000,000 shall be transferred from the Budget

Stabilization Reserve Fund to the State Employees' Retirement

Fund as a one-time supplemental transfer for the purpose of

reducing the unfunded actuarial accrued liability of the

State Employees' Retirement System.

Section 2. This act shall take effect immediately.

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