PRIOR PASSAGE - NONE
PRINTER'S NO. 1169
No. 884 Session of 2005
INTRODUCED BY BRIGHTBILL, PICCOLA, BOSCOLA, JUBELIRER,
WONDERLING, ERICKSON, PIPPY, RHOADES, LOGAN, SCARNATI, EARLL,
BROWNE, PUNT, ORIE, CORMAN, WENGER, GORDNER, MADIGAN,
ROBBINS, RAFFERTY, PILEGGI, D. WHITE, WAUGH, VANCE, REGOLA,
ARMSTRONG, LEMMOND, M. WHITE, GREENLEAF, THOMPSON, CONTI AND
TOMLINSON, SEPTEMBER 29, 2005
REFERRED TO FINANCE, SEPTEMBER 29, 2005
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, providing for spending limitations on the
3 State and for disposition of surplus funds.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following amendment to the Constitution of
7 Pennsylvania is proposed in accordance with Article XI:
8 That Article VIII be amended by adding a section to read:
9 § 18. Spending limitations.
10 (a) Except as otherwise provided in subsection (c), all
11 appropriations and authorizations made by the General Assembly,
12 excluding the spending of Federal funds, gifts or receipts, in
13 any fiscal year shall not exceed the spending limit as set forth
14 in subsection (b).
15 (b) (1) The spending limit shall be the spending during the
16 immediately prior fiscal year, adjusted by the lesser of:
1 (i) the average annual rate of change for the three
2 preceding calendar years of personal income in Pennsylvania as
3 reported by the Federal Government or as determined pursuant to
4 an act of the General Assembly; or
5 (ii) the average percentage change in inflation plus the
6 average percentage change in State population for the three
7 preceding calendar years as reported by the annual Federal
8 census estimates, such number being adjusted every decade to
9 match the official Federal census.
10 (2) For purposes of this subsection, inflation shall mean
11 the percentage change in the United States Department of Labor,
12 Bureau of Labor Statistics, Consumer Price Index for All Urban
13 Consumers, not seasonally adjusted: all items index, or its
14 successor index.
15 (c) (1) The spending limit may be exceeded in any fiscal
16 year for the following:
17 (i) To respond to a Presidential declaration of emergency if
18 the General Assembly approves by an affirmative vote of a
19 majority of the members elected to each house of the General
20 Assembly.
21 (ii) To respond to a gubernatorial declaration of emergency
22 if the Governor so requests and the General Assembly approves by
23 an affirmative vote of three-fifths of the members elected to
24 each house of the General Assembly.
25 (iii) In other situations if the Governor so requests and
26 the General Assembly approves by an affirmative vote of two-
27 thirds of the members elected to each house of the General
28 Assembly.
29 (2) In no case shall the excess spending authorized under
30 this subsection be included in the computation base of the
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1 spending limit for any subsequent fiscal year.
2 Section 2. (a) Upon the first passage by the General
3 Assembly of this proposed constitutional amendment, the
4 Secretary of the Commonwealth shall proceed immediately to
5 comply with the advertising requirements of section 1 of Article
6 XI of the Constitution of Pennsylvania and shall transmit the
7 required advertisements to two newspapers in every county in
8 which such newspapers are published in sufficient time after
9 passage of this proposed constitutional amendment.
10 (b) Upon the second passage by the General Assembly of this
11 proposed constitutional amendment, the Secretary of the
12 Commonwealth shall proceed immediately to comply with the
13 advertising requirements of section 1 of Article XI of the
14 Constitution of Pennsylvania and shall transmit the required
15 advertisements to two newspapers in every county in which such
16 newspapers are published in sufficient time after passage of
17 this proposed constitutional amendment. The Secretary of the
18 Commonwealth shall submit this proposed constitutional amendment
19 to the qualified electors of this Commonwealth at the first
20 primary, general or municipal election which meets the
21 requirements of and is in conformance with section 1 of Article
22 XI of the Constitution of Pennsylvania and which occurs at least
23 three months after the proposed constitutional amendment is
24 passed by the General Assembly.
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