Text: SJR02003 Text: SJR02005 Text: SJR02000 - SJR02099 Text: SJR Index Bills and Amendments: General Index Bill History: General Index
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1 1 SENATE JOINT RESOLUTION 2004
1 2
1 3 A JOINT RESOLUTION
1 4 PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF IOWA
1 5 RELATING TO THE STATE BUDGET BY LIMITING STATE GENERAL FUND
1 6 EXPENDITURES AND RESTRICTING CERTAIN STATE TAX REVENUE
1 7 CHANGES.
1 8
1 9 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 10
1 11 The Constitution of the State of Iowa is amended by adding
1 12 the following new section to new Article XIII:
1 13 ARTICLE XIII.
1 14 EXPENDITURE LIMITATION.
1 15 GENERAL FUND EXPENDITURE LIMITATION. Section 1.
1 16 1. For the purposes of this section:
1 17 a. "Adjusted revenue estimate" means the most recent
1 18 revenue estimate determined before January 1, or a later and
1 19 lesser revenue estimate determined before adjournment of the
1 20 regular session of the General Assembly, for the general fund
1 21 for the following fiscal year as determined by a revenue
1 22 estimating conference which shall be established by the
1 23 General Assembly by law, adjusted by subtracting estimated
1 24 refunds payable from that estimated revenue and adding any
1 25 available surplus in accordance with subsection 5.
1 26 b. "General fund" means the principal operating fund of
1 27 the state which shall be established by the General Assembly
1 28 by law.
1 29 c. "New revenues" means moneys which are received by the
1 30 state due to increased tax rates or fees or newly created
1 31 taxes or fees over and above those moneys which are received
1 32 due to state taxes or fees which are in effect as of January 1
1 33 following the most recent state revenue estimating conference.
1 34 "New revenues" also includes moneys received by the general
1 35 fund due to new transfers over and above those moneys received
2 1 by the general fund due to transfers which are in effect as of
2 2 January 1 following the most recent state revenue estimating
2 3 conference. The state revenue estimating conference shall
2 4 determine the eligibility of transfers to the general fund
2 5 which are to be considered as new revenue in determining the
2 6 state general fund expenditure limitation.
2 7 2. A state general fund expenditure limitation is created
2 8 and calculated in subsection 3, for each fiscal year beginning
2 9 on or after July 1 following the effective date of this
2 10 section.
2 11 3. Except as otherwise provided in this section, the state
2 12 general fund expenditure limitation for a fiscal year shall be
2 13 ninety-nine percent of the adjusted revenue estimate.
2 14 4. The state general fund expenditure limitation shall be
2 15 used by the Governor in the preparation of the budget and by
2 16 the General Assembly in the budget process. If a new revenue
2 17 source is proposed, the budget revenue projection used for
2 18 that new revenue source for the period beginning on the
2 19 effective date of the new revenue source and ending in the
2 20 fiscal year in which the source is included in the adjusted
2 21 revenue estimate shall be ninety-five percent of the amount
2 22 remaining after subtracting estimated refunds payable from the
2 23 projected revenue from that source. If a new revenue source
2 24 is established and implemented, the original state general
2 25 fund expenditure limitation amount provided for in subsection
2 26 3 shall be readjusted to include ninety-five percent of the
2 27 estimated revenue from that source.
2 28 5. Any surplus existing at the end of a fiscal year which
2 29 exceeds ten percent of the adjusted revenue estimate of that
2 30 fiscal year shall be included in the adjusted revenue estimate
2 31 for the following fiscal year. Any surplus equal to ten
2 32 percent or less of the adjusted revenue estimate of the fiscal
2 33 year may be included in the adjusted revenue estimate for the
2 34 following fiscal year if approved in a bill receiving the
2 35 affirmative votes of at least three-fifths of the whole
3 1 membership of each house of the General Assembly. For
3 2 purposes of this section, "surplus" means the cumulative
3 3 excess of revenues and other financing sources over
3 4 expenditures and other financing uses for the general fund at
3 5 the end of a fiscal year.
3 6 6. The scope of the expenditure limitation under
3 7 subsection 3 shall not include federal funds, donations,
3 8 constitutionally dedicated moneys, and moneys in expenditures
3 9 from a state retirement system.
3 10 7. The Governor shall submit and the General Assembly
3 11 shall pass a budget which does not exceed the state general
3 12 fund expenditure limitation.
3 13 8. The Governor shall not submit and the General Assembly
3 14 shall not pass a budget which in order to balance assumes
3 15 reversion of any part of the total of the appropriations
3 16 included in the budget.
3 17 9. The state shall use consistent standards, in accordance
3 18 with generally accepted accounting principles, for all state
3 19 budgeting and accounting purposes.
3 20 10. The General Assembly shall enact laws to implement
3 21 this section.
3 22 Sec. 2. The following amendment to the Constitution of the
3 23 State of Iowa is proposed:
3 24 The Constitution of the State of Iowa is amended by adding
3 25 the following new sections to new Article XIII:
3 26 ARTICLE XIII.
3 27 THREE-FIFTHS MAJORITY FOR TAX LAW CHANGES.
3 28 THREE-FIFTHS MAJORITY TO INCREASE TAXES. Section 1. A
3 29 bill containing provisions enacting, amending, or repealing
3 30 the state income tax or enacting, amending, or repealing the
3 31 state sales and use taxes, in which the aggregate fiscal
3 32 impact of those provisions relating to those taxes results in
3 33 a net increase in state tax revenues, as determined by the
3 34 General Assembly, shall require the affirmative votes of at
3 35 least three-fifths of the whole membership of each house of
4 1 the General Assembly for passage. This section does not apply
4 2 to income tax or sales and use taxes imposed at the option of
4 3 a local government.
4 4 THREE-FIFTHS MAJORITY TO ENACT NEW STATE TAX. Sec. 2. A
4 5 bill that establishes a new state tax to be imposed by the
4 6 state shall require the affirmative votes of at least three-
4 7 fifths of the whole membership of each house of the General
4 8 Assembly for passage.
4 9 ENFORCEMENT OF THREE-FIFTHS MAJORITY REQUIREMENT. Sec. 3.
4 10 A lawsuit challenging the proper enactment of a bill pursuant
4 11 to section 1 or 2 shall be filed no later than one year
4 12 following the enactment. Failure to file such a lawsuit
4 13 within the one-year time limit shall negate the three-fifths
4 14 majority requirement as it applies to the bill.
4 15 Each bill to which section 1 or 2 applies shall include a
4 16 separate provision describing the requirements for enactment
4 17 prescribed by section 1 or 2.
4 18 IMPLEMENTATION. Sec. 4. The General Assembly shall enact
4 19 laws to implement sections 1 through 3.
4 20 Sec. 3. The foregoing proposed amendments to the
4 21 Constitution of the State of Iowa are referred to the General
4 22 Assembly to be chosen at the next general election for members
4 23 of the General Assembly and the Secretary of State is directed
4 24 to cause them to be published for three consecutive months
4 25 previous to the date of that election as provided by law.
4 26
4 27
4 28
4 29 MARY E. KRAMER
4 30 President of the Senate
4 31
4 32
4 33
4 34 RON J. CORBETT
4 35 Speaker of the House
5 1
5 2 I hereby certify that this resolution originated in the Senate
5 2 and is known as Senate Joint Resolution 2004, Seventy-seventh
5 4 General Assembly.
5 5
5 6
5 7
5 8 MARY PAT GUNDERSON
5 9 Secretary of the Senate
Text: SJR02003 Text: SJR02005 Text: SJR02000 - SJR02099 Text: SJR Index Bills and Amendments: General Index Bill History: General Index
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