PRINTER'S NO. 1652

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 121 Session of 1983


        INTRODUCED BY MANDERINO AND IRVIS, JULY 21, 1983

        REFERRED TO COMMITTEE ON RULES, JULY 21, 1983

                                  A RESOLUTION

     1  Authorizing and directing the House Rules Committee to bring
     2     legal action relative to the improper use by the Governor of
     3     the line item veto power on the General Appropriation bill
     4     for the fiscal year beginning July 1, 1983 and ending June
     5     30, 1984.

     6     Governor Dick Thornburgh, in the exercise of the power to
     7  line item veto on the General Appropriation bill for the fiscal
     8  year beginning July 1, 1983 and ending June 30, 1984, chose to
     9  do certain things which raise very serious constitutional and
    10  legal problems; and
    11     The basic problem involves the use of the line item veto
    12  power by the Governor to remove conditional language from the
    13  bill by stating in his judgment such language is substantive
    14  language and not proper. Additionally, in some cases the
    15  Governor, without any legal authority, took the amount
    16  appropriated to the conditional language which he struck and
    17  arbitrarily assigned such appropriated amount to another agency.
    18  Such conduct by the Governor amounts to a usurpation of the
    19  powers of the General Assembly to appropriate funds of the

     1  Commonwealth and is an attack on the sanctity of that process;
     2  and
     3     It is important to the House of Representatives, the entire
     4  General Assembly and the people of the Commonwealth that these
     5  actions by the Governor be challenged by legal action to
     6  preserve the proper balance among the various branches of
     7  government; therefore be it
     8     RESOLVED, That the House of Representatives of the
     9  Commonwealth of Pennsylvania authorize and direct the Rules
    10  Committee to retain private legal counsel and as soon as
    11  possible to commence legal action to rectify any and all
    12  unconstitutional and illegal acts of Governor Dick Thornburgh in
    13  the use of his power to line item veto relative to the General
    14  Appropriation bill for the fiscal year beginning July 1, 1983
    15  and ending June 30, 1984; and be it further
    16     RESOLVED, That all fees and costs incurred in such legal
    17  action shall be paid from accounts of the Chief Clerk as
    18  directed by the Rules Committee.








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