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PRIOR PASSAGE - NONE
PRIOR PRINTER'S NOS. 87, 1045
PRINTER'S NO. 2778
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
110
Session of
2017
INTRODUCED BY WARNER, METZGAR, BARRAR, EMRICK, CUTLER, DUNBAR,
KAUFFMAN, BLOOM, GROVE, MILLARD, SANKEY, SIMMONS, RADER,
GABLER, GILLEN, METCALFE, DUSH AND PHILLIPS-HILL,
JANUARY 23, 2017
AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 5, 2017
A JOINT RESOLUTION
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, in taxation and finance, providing for
spending limitations on the Commonwealth.
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:
ยง 18. Spending limitations.
(a) Total spending by the Commonwealth shall not exceed the
spending limit in any fiscal year. The spending limit for any
fiscal year shall be equal to the spending during the
immediately prior fiscal year, adjusted by the sum of:
(i) The percentage change in the Consumer Price Index for
All Urban Consumers from the immediately prior fiscal year, if
expressed as a positive number; and
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(ii) The percentage change in population in this
Commonwealth during the immediately prior fiscal year, if
expressed as a positive number.
The percentage of the rate of change used in any fiscal year to
(I) THE AVERAGE PERCENTAGE INCREASE IN THE CONSUMER PRICE
INDEX FOR ALL URBAN CONSUMERS OVER THE IMMEDIATELY PRECEDING
THREE CALENDAR YEARS; AND
(II) THE AVERAGE PERCENTAGE INCREASE IN POPULATION IN THIS
COMMONWEALTH DURING THE IMMEDIATELY PRECEDING THREE CALENDAR
YEARS.
(B) THE PERCENTAGE OF THE RATE OF CHANGE CALCULATED UNDER
SUBSECTION (A) USED IN ANY FISCAL YEAR TO adjust the SPENDING
limit may be increased for that FISCAL year , but not to a
percentage in excess of 120% of the sum established under this
subsection , by the affirmative vote of three-fourths of the
members elected to each House of the General Assembly. The
Commonwealth's spending limit as provided in this subsection
CALCULATED UNDER SUBSECTION (A) may be changed by the procedure
outlined in section 1(a) of Article XI.
(b) The spending limit may be exceeded for a declared
emergency if the Governor so requests and the General Assembly
approves by the affirmative vote of three-fourths of the members
elected to each House of the General Assembly. The excess
spending authorized by exceeding the limit in this manner shall
not be included in the computation base of the spending limit
for any subsequent fiscal year.
(c) The spending limit may be exceeded for the purpose of
funding pension obligations if the Governor so requests and the
General Assembly approves by the affirmative vote of three-
fourths of the members elected to each House of the General
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Assembly. The excess spending authorized by exceeding the limit
in this manner shall not be included in the computation base of
the spending limit for any subsequent fiscal year.
(d) (C) Total spending by the Commonwealth means all
appropriations and authorizations from the General Fund , the
Public Transportation Assistance Fund and the Motor License Fund
and funds created after the effective date of this subsection,
and shall exclude refunds and the spending of Federal funds,
gifts or receipts restricted by laws in effect as of January 1 ,
2017 OF THE YEAR WHEN THIS SECTION IS RATIFIED AND APPROVED BY
THE QUALIFIED ELECTORS OF THIS COMMONWEALTH . This section shall
not be circumvented by creating additional spending programs in
the General Fund or Motor License Fund or transferring spending
from the General Fund or Motor License Fund to existing special
funds or restricted receipt accounts.
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
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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.
Section 3. The addition of section 18(a) of Article VIII of
the Constitution of Pennsylvania shall become effective
beginning with the first fiscal year commencing more than six
months following approval of section 18 by the electorate.
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