PRINTER'S NO.  193

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

241

Session of

2011

  

  

INTRODUCED BY CUTLER, BRADFORD, DENLINGER, KRIEGER, AUMENT, BOYD, EVANKOVICH, EVERETT, GABLER, GINGRICH, GRELL, LAWRENCE, PICKETT, PYLE, READSHAW, SIMMONS, TALLMAN, VULAKOVICH, WAGNER, SWANGER, HAHN AND MOUL, JANUARY 26, 2011

  

  

REFERRED TO COMMITTEE ON APPROPRIATIONS, JANUARY 26, 2011  

  

  

  

A JOINT RESOLUTION

  

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Proposing integrated amendments to the Constitution of the

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Commonwealth of Pennsylvania, changing the Commonwealth's

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fiscal period from one year to two years.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby resolves as follows:

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Section 1.  The following integrated amendments to the

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Constitution of Pennsylvania are proposed in accordance with

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Article XI:

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(1)  That section 7(a)(2) and (4) of Article VIII be amended

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to read:

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§ 7.  Commonwealth indebtedness.

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(a)  No debt shall be incurred by or on behalf of the

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Commonwealth except by law and in accordance with the provisions

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of this section.

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* * *

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(2)  The Governor, State Treasurer and Auditor General,

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acting jointly, may (i) issue tax anticipation notes having a

 


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maturity within the fiscal [year] period of issue and payable

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exclusively from revenues received in the same fiscal [year]

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period, and (ii) incur debt for the purpose of refunding other

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debt, if such refunding debt matures within the term of the

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original debt.

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* * *

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(4)  Debt may be incurred without the approval of the

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electors for capital projects specifically itemized in a capital

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budget, if such debt will not cause the amount of all net debt

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outstanding to exceed one and three-quarters times the average

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of the annual tax revenues deposited in the previous five fiscal

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[years] periods as certified by the Auditor General. For the

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purposes of this subsection, debt outstanding shall not include

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debt incurred under clauses (1) and (2) (i), or debt incurred

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under clause (2) (ii) if the original debt would not be so

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considered, or debt incurred under subsection (3) unless the

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General Assembly shall so provide in the law authorizing such

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debt.

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* * *

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(2)  That section 11(a) of Article VIII be amended to read:

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§ 11.  Gasoline taxes and motor license fees restricted.

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(a)  All proceeds from gasoline and other motor fuel excise

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taxes, motor vehicle registration fees and license taxes,

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operators' license fees and other excise taxes imposed on

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products used in motor transportation after providing therefrom

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for (a) cost of administration and collection, (b) payment of

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obligations incurred in the construction and reconstruction of

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public highways and bridges shall be appropriated by the General

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Assembly to agencies of the State or political subdivisions

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thereof; and used solely for construction, reconstruction,

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maintenance and repair of and safety on public highways and

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bridges and costs and expenses incident thereto, and for the

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payment of obligations incurred for such purposes, and shall not

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be diverted by transfer or otherwise to any other purpose,

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except that loans may be made by the State from the proceeds of

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such taxes and fees for a single period not exceeding eight

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months, but no such loan shall be made within the period of one

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year from any preceding loan, and every loan made [in any fiscal

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year] before July 1 shall be repayable [within one month after

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the beginning of the next fiscal year] by July 31.

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* * *

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(3)  That section 12 of Article VIII be amended to read:

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§ 12.  Governor's budgets and financial plan.

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[Annually, at] At the times set by law, the Governor shall

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submit to the General Assembly:

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(a)  A balanced operating budget for the ensuing fiscal

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[year] period, consisting of two years, setting forth in detail

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(i) proposed expenditures classified by department or agency and

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by program and (ii) estimated revenues from all sources. If

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estimated revenues and available surplus are less than proposed

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expenditures, the Governor shall recommend specific additional

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sources of revenue sufficient to pay the deficiency and the

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estimated revenue to be derived from each source;

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(b)  A capital budget for the ensuing fiscal [year] period,

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consisting of two years, setting forth in detail proposed

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expenditures to be financed from the proceeds of obligations of

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the Commonwealth or of its agencies or authorities or from

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operating funds; and

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(c)  A financial plan for not less than the next succeeding

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five fiscal periods, each consisting of two years, which plan

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shall include for each such fiscal [year] period:

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(i)  Projected operating expenditures classified by

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department or agency and by program, in reasonable detail, and

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estimated revenues, by major categories, from existing and

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additional sources, and

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(ii)  Projected expenditures for capital projects

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specifically itemized by purpose, and the proposed sources of

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financing each.

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(4)  That section 13 of Article VIII be amended to read:

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§ 13.  Appropriations.

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(a)  Operating budget appropriations made by the General

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Assembly shall not exceed the actual and estimated revenues and

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surplus available in the same fiscal [year] period.

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(b)  The General Assembly shall adopt a capital budget for

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the ensuing fiscal [year] period.

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(5)  That section 14 of Article VIII be amended to read:

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§ 14.  Surplus.

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All surplus of operating funds at the end of the fiscal

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[year] period shall be appropriated during the ensuing fiscal

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[year] period by the General Assembly.

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Section 2.  (a)  Upon the first passage by the General

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Assembly of these proposed constitutional amendments, the

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Secretary of the Commonwealth shall proceed immediately to

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comply with the advertising requirements of section 1 of Article

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XI of the Constitution of Pennsylvania and shall transmit the

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required advertisements to two newspapers in every county in

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which such newspapers are published in sufficient time after

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passage of these proposed constitutional amendments.

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(b)  Upon the second passage by the General Assembly of these

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proposed constitutional amendments, the Secretary of the

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Commonwealth shall proceed immediately to comply with the

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advertising requirements of section 1 of Article XI of the

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Constitution of Pennsylvania and shall transmit the required

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advertisements to two newspapers in every county in which such

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newspapers are published in sufficient time after passage of

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these proposed constitutional amendments. The Secretary of the

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Commonwealth shall submit the proposed constitutional amendments

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under section 1 to the qualified electors of this Commonwealth

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as a single ballot question at the first primary, general or

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municipal election which meets the requirements of and is in

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conformance with section 1 of Article XI of the Constitution of

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Pennsylvania and which occurs at least three months after the

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proposed constitutional amendments are passed by the General

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Assembly.

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