Bill Text: PA HB116 | 2011-2012 | Regular Session | Introduced

---

Bill Title: A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for spending limitations on the Commonwealth.

Spectrum: Partisan Bill (Republican 25-0)

Status: (Introduced - Dead) 2012-02-07 - Referred to STATE GOVERNMENT [HB116 Detail]

Download: Pennsylvania-2011-HB116-Introduced.html

---

PRINTER'S NO. 3054
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 116 Session of2012
INTRODUCED BY KRIEGER, METCALFE, EVANKOVICH, BOYD, DUNBAR, DALEY, ROAE, GROVE, HUTCHINSON, AUMENT, VULAKOVICH, LAWRENCE, MALONEY, EVERETT, BLOOM, MAHER, REESE, ROCK, TALLMAN AND CUTLER, FEBRUARY 7, 2012
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 7, 2012
A JOINT RESOLUTION
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, 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:
§ 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 lower percentage
of the following:
(i) The change in the Consumer Price Index for All Urban
Consumers from the immediately prior fiscal year, if expressed
as a positive number; or
(ii) The change in the rate of population growth in this
Commonwealth from the immediately prior fiscal year, if
expressed as a positive number.
The percentage of the rate of change used in any fiscal year to
adjust the limit may be increased for that year, but not to a
percentage in excess of 120% of this clause or clause (i),
whichever is lower, 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 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
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) 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,
20120HB0116PN3054 - 2 -
gifts or receipts restricted by laws in effect as of January 1,
2013. 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
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
20120HB0116PN3054 - 3 -
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.
20120HB0116PN3054 - 4 -