PRINTER'S NO. 2872
No. 2082 Session of 2005
INTRODUCED BY ALLEN, OCTOBER 19, 2005
REFERRED TO COMMITTEE ON APPROPRIATIONS, OCTOBER 19, 2005
AN ACT
1 Establishing appropriations limitations; and providing for the
2 disposition of surplus funds.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the
7 Appropriations Limitations Act.
8 Section 2. Limitations on appropriations.
9 (a) General rule.--Except as set forth in subsection (b), in
10 any fiscal year, the General Assembly shall not increase total
11 General Fund State appropriations above the amount of total
12 General Fund State appropriations authorized for the preceding
13 fiscal year by a percentage which exceeds the average percentage
14 increase over the immediately preceding three fiscal years in
15 the Consumer Price Index for All Urban Consumers of the Bureau
16 of Labor Statistics unless a referendum stating the amount and
17 duration of the increase is approved by a majority of the
1 electors voting on the referendum.
2 (b) Exception.--Subsection (a) shall not apply to any of the
3 following:
4 (1) An appropriation which, as a result of a requirement
5 of Federal law, is made for a new program or service or for
6 an increase in the level of service for an existing program
7 beyond the existing level of service.
8 (2) An appropriation which, as a result of a requirement
9 of a Federal or State court order which has become final, is
10 made for a new program or service or for an increase in the
11 level of service for an existing program beyond the existing
12 level of service.
13 (3) An appropriation providing for the Commonwealth's
14 share of payments for pension obligations as provided by law.
15 (4) An appropriation for the repayment of interest and
16 principal of all debt incurred by or on behalf of the
17 Commonwealth.
18 (5) An appropriation in response to a Presidential or
19 gubernatorial declaration of an emergency or major disaster
20 in any part of this Commonwealth and which is approved by
21 three-fifths of the members elected to each House of the
22 General Assembly.
23 Section 3. Refund of surplus operating funds.
24 Surplus operating funds in the General Fund at the end of the
25 fiscal year which are not required by law to be deposited into
26 the Budget Stabilization Reserve Fund shall be refunded pro rata
27 to the citizens of this Commonwealth based on the liability
28 reported on annual returns filed following the close of the
29 fiscal year for the tax under Article III of the act of March 4,
30 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
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1 Section 20. Effective date.
2 This act shall take effect immediately.
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