PRIOR PRINTER'S NO. 1652 PRINTER'S NO. 1654
No. 121 Session of 1983
INTRODUCED BY MANDERINO AND IRVIS, JULY 21, 1983
AS AMENDED, HOUSE OF REPRESENTATIVES, 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
20 Commonwealth and is an attack on the sanctity of that process;
1 and
2 It is important to the House of Representatives, the entire
3 General Assembly and the people of the Commonwealth that these
4 actions by the Governor be challenged by legal action to
5 preserve the proper balance among the various branches of
6 government; therefore be it
7 RESOLVED, That the House of Representatives of the
8 Commonwealth of Pennsylvania authorize and direct the Rules
9 Committee to retain private legal counsel and as soon as
10 possible to commence legal action to rectify any and all
11 unconstitutional and illegal acts of Governor Dick Thornburgh in
12 the use of his power to line item veto relative to the General
13 Appropriation bill for the fiscal year beginning July 1, 1983
14 and ending June 30, 1984; and be it further
15 RESOLVED, That all fees and costs incurred in such legal
16 action shall be paid from accounts of the Chief Clerk as
17 directed by the Rules Committee; AND BE IT FURTHER <--
18 RESOLVED, THAT THE CHAIRMAN OF THE COMMITTEE MAKE A REPORT TO
19 THE HOUSE EVERY 90 DAYS ON THE STATUS AND COST OF THE
20 LITIGATION; AND BE IT FURTHER
21 RESOLVED, THAT THE TOTAL COST OF THE LITIGATION SHALL NOT
22 EXCEED $75,000.
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