PRIOR PASSAGE - NONE
PRINTER'S NO. 47
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
71
Session of
2021
INTRODUCED BY WARNER, DAVANZO, DIAMOND, DUNBAR, ECKER, GAYDOS,
GROVE, HAMM, IRVIN, JAMES, KAUFFMAN, KEEFER, R. MACKENZIE,
O'NEAL, ROTHMAN, ROWE, RYAN, SANKEY, TOPPER, WHEELAND,
M. MACKENZIE, BERNSTINE AND BOROWICZ, JANUARY 11, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 11, 2021
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 average of the percentage change in the annual
United States Consumer Price Index for All Urban Consumers (CPI-
U), as reported by the United States Department of Labor, Bureau
of Labor Statistics, for each of the immediately preceding three
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calendar years.
(ii) The average of the percentage change in the resident
population in this Commonwealth, as reported by the United
States Census Bureau for July 1 of each year, for 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 by the affirmative
vote of two-thirds of the members elected to each House of the
General Assembly. The Commonwealth's spending limit calculated
under subsection (a) may be changed by the procedure outlined in
section 1(a) of Article XI.
(c) Total spending by the Commonwealth means all
appropriations and authorizations from the General Fund and
shall exclude refunds and the spending of Federal funds, gifts
or receipts restricted by laws in effect as of January 1 of the
year when this section is ratified and approved by the qualified
electors of this Commonwealth . This section shall not be
circumvented by transferring spending from the General Fund to
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
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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.
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 of Article VIII by the
electorate.
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