71 Pa. Stat. § 240.1

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 240.1 - Lapsing of funds (Adm. Code Section 621)
(a) As used in this section:

"Contingent commitment." An authorization made by proper authority for an agency to commit funds from an appropriation which has not yet been made by the General Assembly. It is contingent upon the eventual passage of an appropriation for the purpose. Neither goods or services can be delivered nor funds expended until such an appropriation has been made.

"Contracted repairs." All repairs to buildings, grounds, roads, fixed and movable equipment and furniture, excluding maintenance and repair work performed by State employes. Repairs are defined as costs which will restore the asset to that condition which will permit the effective use of the asset up to but not beyond its previously determined useful life.

"Economic development." Programs to maximize employment opportunities, economic growth and development of communities and the overall economic development of the Commonwealth through industrial development, employability development, community development, resource development, labor-management relations and job training.

"Emergency." A situation or circumstance that threatens the continued operation of government or the health, safety or lives of the citizens of the Commonwealth.

"Encumbrance." Obligation or commitment in the form of purchase orders, field purchase orders, contracts, grant agreements or other authorizing documents related to unperformed contracts for goods and services which are chargeable to an appropriation and for which a part of the appropriation is reserved.

"Fixed assets." Includes as machinery, equipment or furniture those articles which meet the following two general criteria:

(1) Those items that can be expected to have a useful life of more than one year.
(2) Those items that can be used repeatedly without materially changing or impairing their physical condition and that can be kept in serviceable condition by normal repair, maintenance or replacement of components.

Also included in this major category of expenditure are: livestock, game and poultry purchased primarily for farm stock, breeding or similar use, land acquisitions, acquisitions of buildings and structures, capital improvements to buildings and structures and nonstructural improvements.

"Grants and subsidies." Includes all payments made by the State to political subdivisions, individuals, institutions and organizations for which no direct services are rendered to the State. Also included are: awards, bounties and indemnities.

"Litigation." Any pending, proposed or current action or matter, including arbitration and audits, subject to appeal before a court of law or administrative adjudicative body, the decision of which body may be appealed to a court of law.

"Major categories of expenditure." Includes personnel services, operational expenses, fixed assets, grants and subsidies, debt service and fixed charges and nonexpense items.

"Operational expenses." Includes the cost of commodities, substances or manufactured articles which are used or consumed in current operation or processed in the construction or manufacture of articles. Also includes equipment, expendable tools and other articles not meeting the criteria for machinery and equipment set forth in the definition of "fixed assets." In addition, includes services performed by State or outside agencies which may include the use of equipment or the furnishing of commodities in connection with these services under express or implied contracts.

"Personnel services." The cost of salaries and wages, State share of payroll taxes and employe benefits paid to or on behalf of State officials and employes for services rendered and for State annuitants. Includes among other things, the State share of unemployment compensation, employe training and annual and sick leave payouts.

"Procurement document." A document authorizing delivery of specified items or the rendering of certain services and the incurrence of a charge for them. Includes purchase orders, field purchase orders, leases, contracts and other authorizing documents.

"Purchase requisition." A written or electronic request to the central purchasing agency for the purchase of specified items.

(b) All actions relating to the encumbering of funds shall be supported by complete documentation. Procurement documents shall have a specified delivery date. Encumbrances shall be expended as herein provided.
(c) Payments for personnel services shall be charged to the fiscal year in which the expense was incurred or the liability accrued.
(d) Payments for operational expenses and grants and subsidies shall be charged as follows:
(1) Purchases of supplies shall be charged to the fiscal year in which the actual expenses or commitment to purchase was incurred.
(1.1) Contracted services and rentals, excluding General State Authority rentals, shall be charged to the fiscal year in which the service was provided or rental occurred.
(2) Contracted repairs shall be charged to the fiscal year in which an encumbrance was created.
(3) Grants and subsidies shall be charged to the fiscal year in which funds were appropriated, allocated for the purpose by the Budget Secretary and/or encumbered.
(4) Except as hereinafter provided, no encumbrance for operational expenses and grants or subsidies shall be made after May 31 in the fiscal year to which the encumbrance is charged.
(5) Encumbrances for operational expenses and grants and subsidies made because of purchase orders issued from purchase requisitions or because of an emergency may be created subsequent to May 31 but not later than June 30.
(6) Deleted by 1997, Nov. 26, P.L. 530, No. 57, § 7, imd. effective.
(7) Encumbrances for economic development grants or projects may be retained until the close of the second fiscal year following the fiscal year in which the original grants or projects were encumbered.
(e) Fixed assets shall be charged as follows:
(1) Purchase or cost of fixed assets shall be charged to the fiscal year in which an encumbrance was created.
(2) Except as hereinafter provided, no encumbrance for fixed assets shall be made after May 31 in the fiscal year to which the encumbrance is charged.
(3) Encumbrances for fixed assets made because of purchase orders issued from purchase requisitions or because of an emergency may be created subsequent to May 31 but not later than June 30.
(f) Outstanding prior year encumbrances shall be cancelled as of October 31, excepting encumbrances for: construction, repairs and improvements and items being litigated. In addition, a prior year encumbrance may remain encumbered beyond October 31 provided the agency comptroller has evidence that either the goods were provided on or before October 31 or the services were provided by June 30 of the previous fiscal year.
(g) Nothing shall preclude an agency from either encumbering funds against or direct charging expenditures to the current fiscal year to pay for a prior year's encumbrance which was cancelled under subsection (c), (d), (e) or (f).
(h) Available balances created by the liquidation or cancellation of prior year encumbrances shall be lapsed. These balances shall not be transferred between major categories of expenditure and may not be used to create any new obligation.
(i) Except as a result of litigation, in no case shall an encumbrance be held for more than the next complete fiscal year.
(j) In no case shall there be a transfer of funds from an encumbrance in one major category of expenditure to an encumbrance in another major category of expenditure.
(k) All deadlines for creating encumbrances shall be extended when the encumbrances apply to an appropriation received after the deadlines stated herein.
(l) In no case shall an encumbrance be created after June 30 of the fiscal year in which the moneys were appropriated.
(m) The Secretary of the Budget shall have the power to waive any of the provisions included in section 621 upon written request of an agency justifying an exception to these provisions which is in the best interests of the Commonwealth. When the Secretary of the Budget decides to approve an agency request for a waiver of these provisions, he shall submit the agency request along with his own written analysis and justification for the waiver of these provisions to the respective Chairmen of the Majority and Minority Appropriations Committees in the House of Representatives and the Senate allowing a reasonable time for their review and comment.

71 P.S. § 240.1

1929, April 9, P.L. 177, art. VI, § 621, added 1980, Oct. 8, P.L. 785, No. 146, § 1, imd. effective. Amended 1990, July 1, P.L. 277, No. 67, § 1, imd. effective; 1997, Nov. 26, P.L. 530, No. 57, § 7, imd. effective.