THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BENNINGHOFF, BEAR, BOYD, COX, CUTLER, DeLUCA, EVERETT, FAIRCHILD, GABLER, GRELL, GROVE, HENNESSEY, HUTCHINSON, KAUFFMAN, KRIEGER, MAJOR, METCALFE, MOUL, READSHAW, REED, REESE, STEVENSON, SWANGER, TALLMAN, TRUE AND VULAKOVICH, OCTOBER 6, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 6, 2009  

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth

of Pennsylvania, providing for budget by operation of law.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1.  The following amendment to the Constitution of

Pennsylvania is proposed in accordance with Article XI:

That Article VIII be amended by adding a section to read:

§ 18.  Budget by operation of law.

(a)  In the event that a balanced operating budget, including

a general appropriation act and a general revenue act or acts,

has not been enacted by 12 midnight on the final day of any

fiscal year, the immediate past year general appropriation act

with each line item appropriation therein reduced by 20% shall

be imposed by operation of law from 12:01 a.m. on the first day

of the new fiscal year until such time as the new fiscal year

balanced operating budget, including a general appropriation act

and a revenue act or acts, has been passed by both Houses of the

General Assembly and signed by the Governor.

(b)  A general revenue act or acts shall not be required to

be enacted for the fiscal year under subsection (a) if the State

Treasurer certifies that operating budget appropriations in the

general appropriation act do not exceed the actual and estimated

revenues and surplus available for the fiscal year.

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

Assembly of this proposed constitutional amendment, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of this proposed constitutional amendment.

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

proposed constitutional amendment, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

this proposed constitutional amendment. The Secretary of the

Commonwealth shall submit this proposed constitutional amendment

to the qualified electors of this Commonwealth at the first

primary, general or municipal election which meets the

requirements of and is in conformance with section 1 of Article

XI of the Constitution of Pennsylvania and which occurs at least

three months after the proposed constitutional amendment is

passed by the General Assembly.