PRIOR PASSAGE - NONE
PRIOR PRINTER'S NO. 2843 PRINTER'S NO. 2917
No. 2067 Session of 2005
INTRODUCED BY ALLEN, FEESE, REICHLEY, PHILLIPS, FAIRCHILD,
ARGALL, ARMSTRONG, BAKER, BALDWIN, BOYD, CAPPELLI, CRAHALLA,
DALLY, DENLINGER, GEIST, GINGRICH, GOOD, GOODMAN, HALUSKA,
HARRIS, HERMAN, HERSHEY, HESS, HUTCHINSON, KAUFFMAN, LEH,
MACKERETH, MAHER, MARSICO, S. MILLER, MUSTIO, NAILOR, PERZEL,
PYLE, READSHAW, REED, SATHER, SCAVELLO, SCHRODER, SONNEY,
STERN, R. STEVENSON, T. STEVENSON, E. Z. TAYLOR, TURZAI, WILT
AND ZUG, OCTOBER 17, 2005
AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 24, 2005
A JOINT RESOLUTION
1 Proposing integrated and distinct amendments to the Constitution
2 of the Commonwealth of Pennsylvania, further providing for
3 legislative power, for appropriations and for surpluses.
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 1 of Article II be amended to read:
10 § 1. Legislative power.
11 [The] Except as set forth in section 13(a.1) of Article VIII
12 of this Constitution, the legislative power of this Commonwealth
13 shall be vested in a General Assembly, which shall consist of a
14 Senate and a House of Representatives.
1 (2) That section 13 of Article VIII be amended to read:
2 § 13. Appropriations.
3 (a) Operating budget appropriations made by the General
4 Assembly shall not exceed the actual and estimated revenues and
5 surplus available in the same fiscal year.
6 (a.1) In any fiscal year, the General Assembly shall not
7 increase total General Fund STATE appropriations above the <--
8 amount of total General Fund STATE appropriations authorized for <--
9 the preceding fiscal year by a percentage which exceeds the
10 average percentage increase over the immediately preceding three
11 fiscal CALENDAR years in the Consumer Price Index for All Urban <--
12 Consumers of the Bureau of Labor Statistics unless a referendum
13 stating the amount and duration of the increase is approved by a
14 majority of the electors voting on the referendum. This
15 limitation shall not apply to any of the following:
16 (1) An appropriation which, as a result of a requirement
17 of Federal law, is made for a new program or service or for
18 an increase in the level of service for an existing program
19 beyond the existing level of service.
20 (2) An appropriation which, as a result of a requirement
21 of a Federal or State court order which has become final, is
22 made for a new program or service or for an increase in the
23 level of service for an existing program beyond the existing
24 level of service.
25 (3) An appropriation providing for the Commonwealth's
26 share of payments for pension obligations as provided by law.
27 (4) An appropriation for the repayment of interest and
28 principal of FOR all debt incurred by or on behalf of the <--
29 Commonwealth pursuant to section 7(a) of this article.
30 (5) An appropriation in response to a Presidential or
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1 gubernatorial declaration of an emergency or major disaster
2 in any part of this Commonwealth and which is approved by
3 three-fifths of the members elected to each House of the
4 General Assembly.
5 (b) The General Assembly shall adopt a capital budget for
6 the ensuing fiscal year.
7 Section 2. The following distinct amendment to the
8 Constitution of Pennsylvania is proposed in accordance with
9 Article XI:
10 That section 14 of Article VIII be amended to read:
11 § 14. Surplus.
12 All surplus of operating funds at the end of the fiscal year
13 shall be appropriated during the ensuing fiscal year by the
14 General Assembly. Surplus operating funds in the General Fund at
15 the end of the fiscal year which are not required by law to be
16 deposited into the Budget Stabilization Reserve Fund shall be
17 refunded pro rata to the citizens of this Commonwealth based on
18 the liability reported on Commonwealth personal income tax, or <--
19 its successor tax or taxes, annual returns filed following the
20 close of the fiscal year. ANNUAL RETURNS FILED PURSUANT TO <--
21 SECTION 330 OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS
22 THE TAX REFORM CODE OF 1971, WITHIN THE FISCAL YEAR IN WHICH THE
23 SURPLUS WAS CREATED. THE PRO RATA REFUND SHALL BE IN THE FORM OF
24 A TAX CREDIT APPLIED AGAINST THE TAX LIABILITY REPORTED ON THE
25 ANNUAL INCOME TAX RETURNS FILED PURSUANT TO SECTION 330 OF THE
26 TAX REFORM CODE OF 1971 IN THE IMMEDIATELY SUCCEEDING FISCAL
27 YEAR. IF THE TAX CREDIT PROVIDED UNDER THIS SECTION EXCEEDS THE
28 TAXPAYER'S LIABILITY, THE TAXPAYER SHALL RECEIVE A REFUND OF THE
29 AMOUNT IN EXCESS OF THE LIABILITY.
30 Section 3. (a) Upon the first passage by the General
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1 Assembly of these proposed constitutional amendments, the
2 Secretary of the Commonwealth shall proceed immediately to
3 comply with the advertising requirements of section 1 of Article
4 XI of the Constitution of Pennsylvania and shall transmit the
5 required advertisements to two newspapers in every county in
6 which such newspapers are published in sufficient time after
7 passage of these proposed constitutional amendments.
8 (b) Upon the second passage by the General Assembly of these
9 proposed constitutional amendments, the Secretary of the
10 Commonwealth shall proceed immediately to comply with the
11 advertising requirements of section 1 of Article XI of the
12 Constitution of Pennsylvania and shall transmit the required
13 advertisements to two newspapers in every county in which such
14 newspapers are published in sufficient time after passage of
15 these proposed constitutional amendments. The Secretary of the
16 Commonwealth shall:
17 (1) Submit the proposed constitutional amendments under
18 section 1 to the qualified electors of this Commonwealth as a
19 single ballot question at the first primary, general or
20 municipal election which meets the requirements of and is in
21 conformance with section 1 of Article XI of the Constitution
22 of Pennsylvania and which occurs at least three months after
23 the proposed constitutional amendments are passed by the
24 General Assembly.
25 (2) Submit the proposed constitutional amendment under
26 section 2 to the qualified electors of this Commonwealth as a
27 separate ballot question at the first primary, general or
28 municipal election which meets the requirements of and is in
29 conformance with section 1 of Article XI of the Constitution
30 of Pennsylvania and which occurs at least three months after
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1 the proposed constitutional amendment is passed by the
2 General Assembly.
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