PRIOR PASSAGE - NONE
PRINTER'S NO. 2843
No. 2067 Session of 2005
INTRODUCED BY ALLEN, FEESE, REICHLEY, PHILLIPS, FAIRCHILD,
ARGALL, ARMSTRONG, BAKER, BALDWIN, BOYD, CAPPELLI, CRAHALLA,
DALLY, DENLINGER, GEIST, GINGRICH, GOOD, GOODMAN, HALUSKA,
HARRIS, HERMAN, HERSHEY, HESS, HUTCHINSON, KAUFFMAN, LEH,
MACKERETH, MAHER, MARSICO, S. MILLER, MUSTIO, NAILOR, PERZEL,
PYLE, READSHAW, REED, SATHER, SCAVELLO, SCHRODER, SONNEY,
STERN, R. STEVENSON, T. STEVENSON, E. Z. TAYLOR, TURZAI, WILT
AND ZUG, OCTOBER 17, 2005
REFERRED TO COMMITTEE ON APPROPRIATIONS, OCTOBER 17, 2005
A JOINT RESOLUTION
1 Proposing integrated and distinct amendments to the Constitution
2 of the Commonwealth of Pennsylvania, further providing for
3 legislative power, for appropriations and for surpluses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following integrated amendments to the
7 Constitution of Pennsylvania are proposed in accordance with
8 Article XI:
9 (1) That section 1 of Article II be amended to read:
10 § 1. Legislative power.
11 [The] Except as set forth in section 13(a.1) of Article VIII
12 of this Constitution, the legislative power of this Commonwealth
13 shall be vested in a General Assembly, which shall consist of a
14 Senate and a House of Representatives.
15 (2) That section 13 of Article VIII be amended to read:
1 § 13. Appropriations.
2 (a) Operating budget appropriations made by the General
3 Assembly shall not exceed the actual and estimated revenues and
4 surplus available in the same fiscal year.
5 (a.1) In any fiscal year, the General Assembly shall not
6 increase total General Fund appropriations above the amount of
7 total General Fund appropriations authorized for the preceding
8 fiscal year by a percentage which exceeds the average percentage
9 increase over the immediately preceding three fiscal years in
10 the Consumer Price Index for All Urban Consumers of the Bureau
11 of Labor Statistics unless a referendum stating the amount and
12 duration of the increase is approved by a majority of the
13 electors voting on the referendum. This limitation shall not
14 apply to any of the following:
15 (1) An appropriation which, as a result of a requirement
16 of Federal law, is made for a new program or service or for
17 an increase in the level of service for an existing program
18 beyond the existing level of service.
19 (2) An appropriation which, as a result of a requirement
20 of a Federal or State court order which has become final, is
21 made for a new program or service or for an increase in the
22 level of service for an existing program beyond the existing
23 level of service.
24 (3) An appropriation providing for the Commonwealth's
25 share of payments for pension obligations as provided by law.
26 (4) An appropriation for the repayment of interest and
27 principal of all debt incurred by or on behalf of the
28 Commonwealth pursuant to section 7(a) of this article.
29 (5) An appropriation in response to a Presidential or
30 gubernatorial declaration of an emergency or major disaster
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1 in any part of this Commonwealth and which is approved by
2 three-fifths of the members elected to each House of the
3 General Assembly.
4 (b) The General Assembly shall adopt a capital budget for
5 the ensuing fiscal year.
6 Section 2. The following distinct amendment to the
7 Constitution of Pennsylvania is proposed in accordance with
8 Article XI:
9 That section 14 of Article VIII be amended to read:
10 § 14. Surplus.
11 All surplus of operating funds at the end of the fiscal year
12 shall be appropriated during the ensuing fiscal year by the
13 General Assembly. Surplus operating funds in the General Fund at
14 the end of the fiscal year which are not required by law to be
15 deposited into the Budget Stabilization Reserve Fund shall be
16 refunded pro rata to the citizens of this Commonwealth based on
17 the liability reported on Commonwealth personal income tax, or
18 its successor tax or taxes, annual returns filed following the
19 close of the fiscal year.
20 Section 3. (a) Upon the first passage by the General
21 Assembly of these proposed constitutional amendments, the
22 Secretary of the Commonwealth shall proceed immediately to
23 comply with the advertising requirements of section 1 of Article
24 XI of the Constitution of Pennsylvania and shall transmit the
25 required advertisements to two newspapers in every county in
26 which such newspapers are published in sufficient time after
27 passage of these proposed constitutional amendments.
28 (b) Upon the second passage by the General Assembly of these
29 proposed constitutional amendments, the Secretary of the
30 Commonwealth shall proceed immediately to comply with the
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1 advertising requirements of section 1 of Article XI of the
2 Constitution of Pennsylvania and shall transmit the required
3 advertisements to two newspapers in every county in which such
4 newspapers are published in sufficient time after passage of
5 these proposed constitutional amendments. The Secretary of the
6 Commonwealth shall:
7 (1) Submit the proposed constitutional amendments under
8 section 1 to the qualified electors of this Commonwealth as a
9 single ballot question at the first primary, general or
10 municipal election which meets the requirements of and is in
11 conformance with section 1 of Article XI of the Constitution
12 of Pennsylvania and which occurs at least three months after
13 the proposed constitutional amendments are passed by the
14 General Assembly.
15 (2) Submit the proposed constitutional amendment under
16 section 2 to the qualified electors of this Commonwealth as a
17 separate ballot question at the first primary, general or
18 municipal election which meets the requirements of and is in
19 conformance with section 1 of Article XI of the Constitution
20 of Pennsylvania and which occurs at least three months after
21 the proposed constitutional amendment is passed by the
22 General Assembly.
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