House Joint Resolution 5 - Introduced



                                  HOUSE JOINT RESOLUTION       
                                  BY  RANTS, PAULSEN, KAUFMANN,
                                      ROBERTS, STRUYK, and UPMEYER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                HOUSE JOINT RESOLUTION

  1 A Joint Resolution proposing an amendment to the Constitution of
  2    the State of Iowa establishing a state general fund
  3    expenditure limitation.
  4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2548YH 82
  6 sc/es/88

PAG LIN



  1  1    Section 1.  The following amendment to the Constitution of
  1  2 the State of Iowa is proposed:
  1  3    The Constitution of the State of Iowa is amended by adding
  1  4 the following new section to new Article XIII:
  1  5                          ARTICLE XIII.
  1  6                     EXPENDITURE LIMITATION.
  1  7    GENERAL FUND EXPENDITURE LIMITATION.  SECTION 1.
  1  8    1.  For the purposes of this section:
  1  9    a.  "Adjusted revenue estimate" means the most recent
  1 10 revenue estimate determined before January 1, or a later and
  1 11 lesser revenue estimate determined before adjournment of the
  1 12 regular session of the General Assembly, for the general fund
  1 13 for the following fiscal year as determined by a revenue
  1 14 estimating conference which shall be established by the
  1 15 General Assembly by law, adjusted by subtracting estimated
  1 16 refunds payable from that estimated revenue and adding any
  1 17 available surplus in accordance with subsection 5.
  1 18    b.  "General fund" means the principal operating fund of
  1 19 the state which shall be established by the General Assembly
  1 20 by law.
  1 21    c.  "New revenues" means moneys which are received by the
  1 22 state due to increased tax rates or fees or newly created
  1 23 taxes or fees over and above those moneys which are received
  1 24 due to state taxes or fees which are in effect as of January 1
  1 25 following the most recent state revenue estimating conference.
  1 26 "New revenues" also includes moneys received by the general
  1 27 fund due to new transfers over and above those moneys received
  1 28 by the general fund due to transfers which are in effect as of
  1 29 January 1 following the most recent state revenue estimating
  1 30 conference.  The state revenue estimating conference shall
  1 31 determine the eligibility of transfers to the general fund
  1 32 which are to be considered as new revenue in determining the
  1 33 state general fund expenditure limitation.
  1 34    2.  A state general fund expenditure limitation is created
  1 35 and calculated in subsection 3, for each fiscal year beginning
  2  1 on or after July 1 following the effective date of this
  2  2 section.
  2  3    3.  Except as otherwise provided in this section, the state
  2  4 general fund expenditure limitation for a fiscal year shall be
  2  5 ninety=nine percent of the adjusted revenue estimate.
  2  6    4.  The state general fund expenditure limitation shall be
  2  7 used by the Governor in the preparation of the budget and by
  2  8 the General Assembly in the budget process.  If a new revenue
  2  9 source is proposed, the budget revenue projection used for
  2 10 that new revenue source for the period beginning on the
  2 11 effective date of the new revenue source and ending in the
  2 12 fiscal year in which the source is included in the adjusted
  2 13 revenue estimate shall be ninety=five percent of the amount
  2 14 remaining after subtracting estimated refunds payable from the
  2 15 projected revenue from that source.  If a new revenue source
  2 16 is established and implemented, the original state general
  2 17 fund expenditure limitation amount provided for in subsection
  2 18 3 shall be readjusted to include ninety=five percent of the
  2 19 estimated revenue from that source.
  2 20    5.  Any surplus existing at the end of a fiscal year which
  2 21 exceeds ten percent of the adjusted revenue estimate of that
  2 22 fiscal year shall be included in the adjusted revenue estimate
  2 23 for the following fiscal year.  Any surplus equal to ten
  2 24 percent or less of the adjusted revenue estimate of the fiscal
  2 25 year may be included in the adjusted revenue estimate for the
  2 26 following fiscal year if approved in a bill receiving the
  2 27 affirmative votes of at least three=fifths of the whole
  2 28 membership of each house of the General Assembly.  For
  2 29 purposes of this section, "surplus" means the cumulative
  2 30 excess of revenues and other financing sources over
  2 31 expenditures and other financing uses for the general fund at
  2 32 the end of a fiscal year.
  2 33    6.  The scope of the expenditure limitation under
  2 34 subsection 3 shall not include federal funds, donations,
  2 35 constitutionally dedicated moneys, and moneys in expenditures
  3  1 from a state retirement system.
  3  2    7.  The Governor shall submit and the General Assembly
  3  3 shall pass a budget which does not exceed the state general
  3  4 fund expenditure limitation.
  3  5    8.  The Governor shall not submit and the General Assembly
  3  6 shall not pass a budget which in order to balance assumes
  3  7 reversion of any part of the total of the appropriations
  3  8 included in the budget.
  3  9    9.  The state shall use consistent standards, in accordance
  3 10 with generally accepted accounting principles, for all state
  3 11 budgeting and accounting purposes.
  3 12    10.  The General Assembly shall enact laws to implement
  3 13 this section.
  3 14    Sec. 2.  REFERRAL AND PUBLICATION.  The foregoing proposed
  3 15 amendment to the Constitution of the State of Iowa is referred
  3 16 to the General Assembly to be chosen at the next general
  3 17 election for members of the General Assembly and the Secretary
  3 18 of State is directed to cause it to be published for three
  3 19 consecutive months previous to the date of that election as
  3 20 provided by law.
  3 21                           EXPLANATION
  3 22    This resolution proposes an amendment to the Constitution
  3 23 of the State of Iowa relating to state budgets.
  3 24    The amendment establishes a state general fund expenditure
  3 25 limitation.  The amount of the limitation is 99 percent of the
  3 26 adjusted revenue estimate.  The amendment defines adjusted
  3 27 revenue estimate and requires that that estimate be determined
  3 28 by a revenue estimating conference which is to be created by
  3 29 the general assembly by law.  The amendment requires that the
  3 30 expenditure limitation be used by the governor in preparation
  3 31 of the governor's budget and by the general assembly in the
  3 32 budget process.  The amendment also provides that, if a new
  3 33 revenue source is established and implemented, 95 percent of
  3 34 the estimate of that new revenue shall be included in the
  3 35 expenditure limitation.
  4  1    The amendment also requires that the amount of any surplus
  4  2 which exceeds an amount equal to 10 percent of the adjusted
  4  3 revenue estimate be included in the adjusted revenue estimate
  4  4 for the following fiscal year.  Any surplus which is equal to
  4  5 10 percent or less of the amount of the adjusted revenue
  4  6 estimate may be included in the following year's adjusted
  4  7 revenue estimate if use of those funds is approved by a
  4  8 three=fifths majority of each house of the general assembly.
  4  9 The amendment also requires the State to use generally
  4 10 accepted accounting principles for state budgeting and
  4 11 accounting purposes.  The amendment provides that the general
  4 12 assembly shall enact laws to implement the amendment.
  4 13    The resolution, if adopted, will be referred to the next
  4 14 general assembly.  If the next general assembly adopts the
  4 15 resolution, the amendment will be submitted to the voters for
  4 16 ratification.
  4 17 LSB 2548YH 82
  4 18 sc/es/88