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PRIOR PASSAGE - NONE
A03225
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 separate and distinct amendments to the
Constitution of the Commonwealth of Pennsylvania, in taxation
and finance, further providing for ineligibility by criminal
convictions and 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:
Section 1. The following separate and distinct amendments to
the Constitution of Pennsylvania are proposed in accordance with
Article XI:
(1) That section 7 of Article II be amended to read:
§ 7. Ineligibility by criminal convictions.
No person hereafter convicted of embezzlement of public
moneys, bribery, perjury, engaging in any rebellion or
insurrection against the authority of the United States or other
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infamous crime, shall be eligible to the General Assembly, or
capable of holding any office of trust or profit in this
Commonwealth.
(2) That Article VIII be amended by adding a section to
read:
§ 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
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
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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 these proposed constitutional amendment
amendments, 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 these proposed
constitutional amendment amendments.
(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 these proposed constitutional amendment amendments. 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.
shall:
(1) Submit the proposed constitutional amendment under
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section 1(1) of this resolution to the qualified electors of
this Commonwealth as a separate ballot question 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.
(2) Submit the proposed constitutional amendment under
section 1(2) of this resolution to the qualified electors of
this Commonwealth as a separate ballot question 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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