PRIOR PASSAGE - NONE
PRIOR PRINTER'S NO. 1169 PRINTER'S NO. 1264
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
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED,
OCTOBER 25, 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 GENERAL FUND APPROPRIATIONS <--
12 made by the General Assembly, excluding the spending of Federal <--
13 funds, gifts or receipts, in any fiscal year shall not exceed
14 the spending APPROPRIATION limit as set forth in subsection (b). <--
15 (b) (1) The spending APPROPRIATION limit shall be the <--
1 spending during the immediately prior fiscal year TOTAL OF ALL <--
2 GENERAL FUND APPROPRIATIONS DURING THE FISCAL YEAR PRIOR TO THE
3 BUDGET YEAR UNDER CONSIDERATION, adjusted by the lesser of:
4 (i) the average annual rate of change for the three <--
5 preceding calendar years of PERCENTAGE CHANGE IN personal income <--
6 in Pennsylvania FOR THE THREE PRECEDING CALENDAR YEARS as <--
7 reported by the Federal Government or as determined pursuant to
8 an act of the General Assembly; or
9 (ii) the average percentage change in inflation FOR THE <--
10 THREE PRECEDING CALENDAR YEARS plus the average percentage
11 change in State population for the three preceding calendar <--
12 years as reported by the annual Federal census estimates, such
13 number being adjusted every decade to match the official Federal
14 census.
15 (2) For purposes of this subsection, inflation shall mean <--
16 (2) FOR PURPOSES OF THIS SUBSECTION: <--
17 (I) INFLATION SHALL MEAN the percentage change in the United
18 States Department of Labor, Bureau of Labor Statistics, Consumer
19 Price Index for All Urban Consumers, not seasonally adjusted:
20 all items index, or its successor index. SUCCESSOR INDEX; AND <--
21 (II) ALL ADJUSTMENT CALCULATIONS SHALL UTILIZE ACTUAL DATA.
22 (c) (1) The spending APPROPRIATION limit may be exceeded in <--
23 any fiscal year for the following:
24 (i) To respond to a Presidential declaration of emergency if
25 the General Assembly approves by an affirmative vote of a
26 majority of the members elected to each house of the General
27 Assembly.
28 (ii) To respond to a gubernatorial declaration of emergency
29 if the Governor so requests and the General Assembly approves by
30 an affirmative vote of three-fifths of the members elected to
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1 each house of the General Assembly.
2 (iii) In other situations if the Governor so requests and
3 the General Assembly approves by an affirmative vote of two-
4 thirds of the members elected to each house of the General
5 Assembly.
6 (2) In no case shall the excess spending authorized under
7 this subsection be included in the computation base of the
8 spending APPROPRIATION limit for any subsequent fiscal year. <--
9 (D) (1) EXCEPT AS OTHERWISE PROVIDED IN CLAUSE (2), FOR ANY <--
10 FISCAL YEAR IN WHICH THE GOVERNOR CERTIFIES THAT A SURPLUS
11 EXISTS IN THE GENERAL FUND, 50% OF THAT SURPLUS SHALL BE
12 DEPOSITED BY THE END OF THE NEXT SUCCEEDING QUARTER INTO A
13 BUDGET STABILIZATION RESERVE FUND, OR ANY SUCCESSOR FUND; AND
14 50% OF THAT SURPLUS SHALL BE DEPOSITED BY THE END OF THE NEXT
15 SUCCEEDING QUARTER INTO A SEPARATE FUND FOR TAX RELIEF PURPOSES,
16 AS PROVIDED BY LAW.
17 (2) FOR ANY FISCAL YEAR IN WHICH THE STATE TREASURER
18 CERTIFIES THAT THE BALANCE IN THE BUDGET STABILIZATION RESERVE
19 FUND EQUALS OR EXCEEDS 10% OF THE TOTAL OF ALL GENERAL FUND
20 APPROPRIATIONS, 100% OF THE SURPLUS CERTIFIED BY THE GOVERNOR
21 UNDER CLAUSE (1) SHALL BE DEPOSITED INTO THE FUND FOR TAX RELIEF
22 PURPOSES.
23 Section 2. (a) Upon the first passage by the General
24 Assembly of this proposed constitutional amendment, the
25 Secretary of the Commonwealth shall proceed immediately to
26 comply with the advertising requirements of section 1 of Article
27 XI of the Constitution of Pennsylvania and shall transmit the
28 required advertisements to two newspapers in every county in
29 which such newspapers are published in sufficient time after
30 passage of this proposed constitutional amendment.
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1 (b) Upon the second passage by the General Assembly of this
2 proposed constitutional amendment, the Secretary of the
3 Commonwealth shall proceed immediately to comply with the
4 advertising requirements of section 1 of Article XI of the
5 Constitution of Pennsylvania and shall transmit the required
6 advertisements to two newspapers in every county in which such
7 newspapers are published in sufficient time after passage of
8 this proposed constitutional amendment. The Secretary of the
9 Commonwealth shall submit this proposed constitutional amendment
10 to the qualified electors of this Commonwealth at the first
11 primary, general or municipal election which meets the
12 requirements of and is in conformance with section 1 of Article
13 XI of the Constitution of Pennsylvania and which occurs at least
14 three months after the proposed constitutional amendment is
15 passed by the General Assembly.
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