Pennsylvania Act 1959-195 — CREATING THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE

Act text

CREATING THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE
                  Act of Aug. 4, 1959, P.L. 587, No. 195              Cl. 46
                                  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. (Title amended Sept. 20, 1961, P.L.1521,
        No.645)

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  There is hereby created the Legislative Budget
     and Finance Committee which shall consist of the President pro
     tempore of the Senate and five other members of the Senate, the
     Speaker of the House of Representatives and five other members
     of the House. The President pro tempore of the Senate shall
     appoint the Majority Leader of the Senate, the Minority Leader
     of the Senate and three additional members of the Senate. Two of
     the three additional members shall be members of the Minority
     party. The President pro tempore of the Senate, the Majority
     Leader and the Minority Leader may designate other members of
     the Senate to be appointed in their stead. The Speaker of the
     House of Representatives shall appoint the Majority Leader of
     the House of Representatives, the Minority Leader of the House
     of Representatives and three additional members of the House.
     Two of the three additional members shall be members of the
     Minority Party. The Speaker of the House, the Majority Leader
     and the Minority Leader may designate other members of the House
     to be appointed in their stead. 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 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 such committee members as shall not continue
     to be members of the Senate or the House of Representatives
     shall cease upon the convening of the next regular session of
     the Legislature after their appointment. The committee has a
     continuing existence and may meet and conduct its business at
     any place within the Commonwealth during the sessions of
     Legislature or any recess thereof and in the interim between
     sessions.
        Section 2.  The committee shall have the power and duty to
     appoint its own chairman, vice-chairman and other officers, to
     make rules and regulations governing its proceedings and to
     perform either through the Legislative Budget and Finance
     Committee, or through subcommittees of the Legislative Budget
     and Finance Committee, all duties and functions relating to the
     study of the revenues, expenditures and fiscal problems of the
     Commonwealth, its officers, boards, committees, commissions,
     institutions and other State agencies.
        Section 3.  The committee shall have the following powers and
     duties:
        (1)  The committee shall have power 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 Legislature,
     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, reports
     concerning the current condition of all State funds,
     appropriations and other moneys, whether or not such
     appropriations are being currently expended for the purposes and
     within the statutory restrictions provided by the Legislature,
     and concerning the current availability of revenue to meet
     expenditures under appropriations.
        (3)  The committee shall report to the General Assembly when
     they are in session, 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)  The committee shall make reports, from time to time, to
     the members of the Legislature and, upon request, to the
     standing committees of the Senate and House of Representatives
     with respect to any of its findings or recommendations of a
     fiscal nature. It shall keep complete minutes of its meetings.
     The committee shall make and distribute its final report to the
     members of the ensuing Legislature not later than ten days after
     the convening of the regular session of the Legislature.
        (5)  The committee may issue subpoenas, under the hand and
     seal of the chairman, 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 the State, to be taken in the manner prescribed by laws
     for taking depositions in civil actions.
        (6)  Any person who wilfully neglects or refuses to comply
     with any subpoena issued in behalf of the committee, or refuses
     to testify to any matters regarding which he may be lawfully
     interrogated, shall be subject to the penalties provided by the
     laws of the Commonwealth in such cases.
        (7)  Each witness who appears before the committee by its
     order, other than an officer or employe of the Commonwealth,
     shall receive for his attendance the 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 such witness and
     approved by the chairman or vice-chairman of the committee.
        (8)  The Legislative Budget and Finance Committee is
     authorized to appoint an executive director, and to fix his
     compensation, who shall be the chief executive officer of the
     committee and assist in its duties, and shall compile
     information for the committee. The committee is authorized to
     select and employ other personnel that it may deem necessary in
     the performance of its duties, and the compensation and salaries
     shall be fixed by the Legislative Budget and Finance Committee.
     ((8) amended Sept. 20, 1961, P.L.1521, No.645)
        Section 4.  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 him by the
     Legislative Budget and Finance Committee.
        (4 amended Sept. 20, 1961, P.L.1521, No.645)
        Section 5.  The members of the committee shall serve without
     compensation but shall be reimbursed for their expenses incurred
     while attending sessions of the committee or meetings of any
     subcommittee of the committee, or while engaged on other
     committee business authorized by the committee, and in going to
     and coming from meetings of the committee or its subcommittees
     or for travel and other committee business when authorized by
     the committee.
        Section 6.  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,
     and said comments shall be attached to said report.
        Section 7.  The sum of two hundred thousand dollars
     ($200,000), or as much thereof as may be necessary, is hereby
     specifically appropriated to the Legislative Budget and Finance
     Committee to pay the expenses of the members of the committee
     and for the salary or compensation of executive director,
     clerical and other hire and incidental expenses.
        (7 amended Sept. 20, 1961, P.L.1521, No.645)
        Section 8.  This act shall take effect the day following sine
     die adjournment of the present session of the General Assembly.