Bill Text: PA HB1100 | 2009-2010 | Regular Session | Introduced

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Bill Title: A Joint Resolution proposing separate and distinct amendments to the Constitution of the Commonwealth of Pennsylvania, providing for spending limitations on the Commonwealth and for imposition or levy of taxes or license fee.

Spectrum: Partisan Bill (Republican 29-0)

Status: (Introduced - Dead) 2009-04-27 - Referred to STATE GOVERNMENT [HB1100 Detail]

Download: Pennsylvania-2009-HB1100-Introduced.html

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PRINTER'S NO. 1635
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1100 Session of2009
INTRODUCED BY ROCK, METCALFE, BENNINGHOFF, BARRAR, BEAR, BOYD, COX, CREIGHTON, CUTLER, DENLINGER, EVERETT, FAIRCHILD, FLECK, GABIG, GABLER, GEIST, HICKERNELL, HUTCHINSON, KAUFFMAN, MENSCH, MOUL, MUSTIO, PYLE, RAPP, ROAE, SAYLOR, SWANGER, TURZAI AND VULAKOVICH, APRIL 27, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 27, 2009
A JOINT RESOLUTION
Proposing separate and distinct amendments to the Constitution
of the Commonwealth of Pennsylvania, providing for spending
limitations on the Commonwealth and for imposition or levy of
taxes or license fee.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following separate and distinct amendments to
the Constitution of Pennsylvania are proposed in accordance with
the provisions of Article XI:
That Article VIII be amended by adding sections 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 clause (i) or (ii), 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 Article XI, section
1(a).
(b) The spending limit of the Commonwealth may be exceeded
in any fiscal year for a presidentially declared emergency or
major disaster. The spending limit may also be exceeded for
other declared emergencies 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) 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, servicing of bonded indebtedness
incurred prior to the effective date of this subsection and of
voter-approved bonded indebtedness, expenditures for funding the
unfunded pension liabilities existing on the effective date of
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this subsection and the spending of Federal funds, gifts or
receipts restricted by laws in effect as of January 1, 2009.
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.
§ 19. Imposition or levy of taxes or license fee.
(a) Except as provided in subsection (c), no tax or license
fee may be imposed or levied except under an act of the General
Assembly adopted with the concurrence of three-fourths of all
members of each House.
(b) Except as provided in subsection (c), the effective rate
of any tax levied or license fee imposed may not be increased
except under an act of the General Assembly adopted with the
concurrence of three-fourths of all members of each House.
(c) Prior to the beginning of each fiscal year of the
Commonwealth, the General Assembly shall appropriate revenues to
pay interest on its debt to which it has pledged its faith and
credit and which interest is payable in the year for which the
appropriation is made and to pay the principal of the debt,
payable in such year, whether at maturity or otherwise. To the
extent that insufficient revenues are provided to pay the
principal and interest on the debt when due and payable, the
first moneys thereafter received by the Commonwealth shall be
set aside and applied to the payment of the principal and
interest on the debt. To make up for the insufficient revenues,
the General Assembly may increase the rate of taxes and fees
after failing to pay when due the principal of and interest of
the debt.
Section 2. (a) Upon the first passage by the General
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Assembly of these proposed constitutional 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 these proposed constitutional amendments.
(b) Upon the second passage by the General Assembly of these
proposed constitutional 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
these proposed constitutional amendments. The Secretary of the
Commonwealth shall submit the proposed constitutional amendments
under section 1 to the qualified electors of this Commonwealth
as separate ballot questions 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 amendments are passed by the General
Assembly.
Section 3. (a) 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.
(b) The addition of section 19 of Article VIII of the
Constitution of Pennsylvania shall not apply to any tax or
license fee authorized by an act of the General Assembly which
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has not taken effect following approval of section 19 by the
electorate.
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