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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON APPROPRIATIONS, JANUARY 26, 2011 |
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| A JOINT RESOLUTION |
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1 | Proposing integrated amendments to the Constitution of the |
2 | Commonwealth of Pennsylvania, changing the Commonwealth's |
3 | fiscal period from one year to two years. |
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 7(a)(2) and (4) of Article VIII be amended |
10 | to read: |
11 | § 7. Commonwealth indebtedness. |
12 | (a) No debt shall be incurred by or on behalf of the |
13 | Commonwealth except by law and in accordance with the provisions |
14 | of this section. |
15 | * * * |
16 | (2) The Governor, State Treasurer and Auditor General, |
17 | acting jointly, may (i) issue tax anticipation notes having a |
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1 | maturity within the fiscal [year] period of issue and payable |
2 | exclusively from revenues received in the same fiscal [year] |
3 | period, and (ii) incur debt for the purpose of refunding other |
4 | debt, if such refunding debt matures within the term of the |
5 | original debt. |
6 | * * * |
7 | (4) Debt may be incurred without the approval of the |
8 | electors for capital projects specifically itemized in a capital |
9 | budget, if such debt will not cause the amount of all net debt |
10 | outstanding to exceed one and three-quarters times the average |
11 | of the annual tax revenues deposited in the previous five fiscal |
12 | [years] periods as certified by the Auditor General. For the |
13 | purposes of this subsection, debt outstanding shall not include |
14 | debt incurred under clauses (1) and (2) (i), or debt incurred |
15 | under clause (2) (ii) if the original debt would not be so |
16 | considered, or debt incurred under subsection (3) unless the |
17 | General Assembly shall so provide in the law authorizing such |
18 | debt. |
19 | * * * |
20 | (2) That section 11(a) of Article VIII be amended to read: |
21 | § 11. Gasoline taxes and motor license fees restricted. |
22 | (a) All proceeds from gasoline and other motor fuel excise |
23 | taxes, motor vehicle registration fees and license taxes, |
24 | operators' license fees and other excise taxes imposed on |
25 | products used in motor transportation after providing therefrom |
26 | for (a) cost of administration and collection, (b) payment of |
27 | obligations incurred in the construction and reconstruction of |
28 | public highways and bridges shall be appropriated by the General |
29 | Assembly to agencies of the State or political subdivisions |
30 | thereof; and used solely for construction, reconstruction, |
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1 | maintenance and repair of and safety on public highways and |
2 | bridges and costs and expenses incident thereto, and for the |
3 | payment of obligations incurred for such purposes, and shall not |
4 | be diverted by transfer or otherwise to any other purpose, |
5 | except that loans may be made by the State from the proceeds of |
6 | such taxes and fees for a single period not exceeding eight |
7 | months, but no such loan shall be made within the period of one |
8 | year from any preceding loan, and every loan made [in any fiscal |
9 | year] before July 1 shall be repayable [within one month after |
10 | the beginning of the next fiscal year] by July 31. |
11 | * * * |
12 | (3) That section 12 of Article VIII be amended to read: |
13 | § 12. Governor's budgets and financial plan. |
14 | [Annually, at] At the times set by law, the Governor shall |
15 | submit to the General Assembly: |
16 | (a) A balanced operating budget for the ensuing fiscal |
17 | [year] period, consisting of two years, setting forth in detail |
18 | (i) proposed expenditures classified by department or agency and |
19 | by program and (ii) estimated revenues from all sources. If |
20 | estimated revenues and available surplus are less than proposed |
21 | expenditures, the Governor shall recommend specific additional |
22 | sources of revenue sufficient to pay the deficiency and the |
23 | estimated revenue to be derived from each source; |
24 | (b) A capital budget for the ensuing fiscal [year] period, |
25 | consisting of two years, setting forth in detail proposed |
26 | expenditures to be financed from the proceeds of obligations of |
27 | the Commonwealth or of its agencies or authorities or from |
28 | operating funds; and |
29 | (c) A financial plan for not less than the next succeeding |
30 | five fiscal periods, each consisting of two years, which plan |
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1 | shall include for each such fiscal [year] period: |
2 | (i) Projected operating expenditures classified by |
3 | department or agency and by program, in reasonable detail, and |
4 | estimated revenues, by major categories, from existing and |
5 | additional sources, and |
6 | (ii) Projected expenditures for capital projects |
7 | specifically itemized by purpose, and the proposed sources of |
8 | financing each. |
9 | (4) That section 13 of Article VIII be amended to read: |
10 | § 13. Appropriations. |
11 | (a) Operating budget appropriations made by the General |
12 | Assembly shall not exceed the actual and estimated revenues and |
13 | surplus available in the same fiscal [year] period. |
14 | (b) The General Assembly shall adopt a capital budget for |
15 | the ensuing fiscal [year] period. |
16 | (5) That section 14 of Article VIII be amended to read: |
17 | § 14. Surplus. |
18 | All surplus of operating funds at the end of the fiscal |
19 | [year] period shall be appropriated during the ensuing fiscal |
20 | [year] period by the General Assembly. |
21 | Section 2. (a) Upon the first passage by the General |
22 | Assembly of these proposed constitutional amendments, the |
23 | Secretary of the Commonwealth shall proceed immediately to |
24 | comply with the advertising requirements of section 1 of Article |
25 | XI of the Constitution of Pennsylvania and shall transmit the |
26 | required advertisements to two newspapers in every county in |
27 | which such newspapers are published in sufficient time after |
28 | passage of these proposed constitutional amendments. |
29 | (b) Upon the second passage by the General Assembly of these |
30 | proposed constitutional amendments, the Secretary of the |
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1 | Commonwealth shall proceed immediately to comply with the |
2 | advertising requirements of section 1 of Article XI of the |
3 | Constitution of Pennsylvania and shall transmit the required |
4 | advertisements to two newspapers in every county in which such |
5 | newspapers are published in sufficient time after passage of |
6 | these proposed constitutional amendments. The Secretary of the |
7 | Commonwealth shall submit the proposed constitutional amendments |
8 | under section 1 to the qualified electors of this Commonwealth |
9 | as a 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 of |
12 | Pennsylvania and which occurs at least three months after the |
13 | proposed constitutional amendments are passed by the General |
14 | Assembly. |
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