HJR 2004 (LSB 5486YH (3) 83)

HOUSE JOINT RESOLUTION 2004

BY  HAGENOW

HOUSE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa providing for a state general fund expenditure limitation.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of the State of Iowa is proposed:

   The Constitution of the State of Iowa is amended by adding the following new section to new Article XIII:

ARTICLE XIII.
EXPENDITURE LIMITATION.

   General fund expenditure limitation.  SECTION 1.
   1.  For the purposes of this section:
   a.  “Adjusted revenue estimate” means the most recent revenue estimate determined before January 1, or a later and lesser revenue estimate determined before adjournment of the regular session of the General Assembly, for the general fund for the following fiscal year as determined by a revenue estimating conference which shall be established by the General Assembly by law, adjusted by subtracting estimated refunds payable from that estimated revenue and adding any available surplus in accordance with subsection 6. However, if the General Assembly holds an extraordinary session prior to the commencement of the fiscal year to which the revenue estimate applies and before or during the extraordinary session the revenue estimating conference determines a lesser revenue estimate, the lesser estimate shall be used for the adjusted revenue estimate.
   b.  “General fund” means the principal operating fund of the state which shall be established by the General Assembly by law.
   c.  “New revenues” means moneys which are received by the state due to increased tax rates or fees or newly created taxes or fees over and above those moneys which are received due to state taxes or fees which are in effect as of January 1 following the most recent meeting of the state revenue estimating conference. “New revenues” also includes moneys received by the general fund due to new transfers over and above those moneys received by the general fund due to transfers which are in effect as of January 1 following the most recent meeting of the state revenue estimating conference. The state revenue estimating conference shall determine the eligibility of transfers to the general fund which are to be considered as new revenue in determining the state general fund expenditure limitation.
   2.  A state general fund expenditure limitation is created and calculated in subsection 3, for each fiscal year beginning on or after July 1 following the effective date of this section.
   3.  Except as otherwise provided in this section, the state general fund expenditure limitation for a fiscal year shall be ninety-nine percent of the adjusted revenue estimate.
   4.  The state general fund expenditure limitation shall be used by the Governor in the preparation and approval of the budget and by the General Assembly in the budget process.
   5.  If a new revenue source is proposed, the budget revenue projection used for that new revenue source for the period beginning on the effective date of the new revenue source and ending in the fiscal year in which the source is included in the adjusted revenue estimate shall be ninety-five percent of the amount remaining after subtracting estimated refunds payable from the projected revenue from that source. If a new revenue source is established and implemented, the original state general fund expenditure limitation amount provided for in subsection 3 shall be readjusted to include ninety-five percent of the estimated revenue from that source.
   6.  Any surplus existing at the end of a fiscal year which exceeds ten percent of the adjusted revenue estimate of that fiscal year shall be included in the adjusted revenue estimate for the following fiscal year. Any surplus equal to ten percent or less of the adjusted revenue estimate of the fiscal year may be included in the adjusted revenue estimate for the following fiscal year if approved in a bill receiving the affirmative votes of at least three-fifths of the whole membership of each house of the General Assembly. For purposes of this section, “surplus” means the cumulative excess of revenues and other financing sources over expenditures and other financing uses for the general fund at the end of a fiscal year.
   7.  a.  The scope of the state general fund expenditure limitation under subsection 3 shall not include federal funds, donations, constitutionally dedicated moneys, and moneys in expenditures from a state retirement system.
   b.  The scope of the state general fund expenditure limitation under subsection 3 shall include any portion of an appropriation subject to a state general fund expenditure limitation for a previous fiscal year that remains authorized for expenditure in the fiscal year to which the expenditure limitation under subsection 3 is applicable.
   8.  The Governor shall submit and the General Assembly shall pass a budget which does not exceed the state general fund expenditure limitation. The Governor shall not approve or disapprove appropriation bills or items of appropriation bills passed by the General Assembly in a manner that would cause the final budget approved by the Governor to exceed the state general fund expenditure limitation.
   9.  The Governor shall not submit and the General Assembly shall not pass a budget which in order to balance assumes reversion of any part of the total of the appropriations included in the budget.
   10.  The state shall use consistent standards, in accordance with generally accepted accounting principles, for all state budgeting and accounting purposes.
   11.  The General Assembly shall enact laws to implement this section.
    Sec. 2.
  REFERRAL AND PUBLICATION.
  The foregoing proposed amendment to the Constitution of the State of Iowa is referred to the General Assembly to be chosen at the next general election for members of the General Assembly, and the Secretary of State is directed to cause it to be published for three consecutive months previous to the date of that election as provided by law.
EXPLANATION
   This joint resolution proposes an amendment to the Constitution of the State of Iowa relating to state budgets.
   The amendment provides for a state general fund expenditure limitation. The amount of the limitation is 99 percent of the adjusted revenue estimate. The amendment defines adjusted revenue estimate and requires that that estimate be determined by a revenue estimating conference which is to be created by the general assembly by law. The amendment requires that the expenditure limitation be used by the governor in preparation of the governor’s budget and by the general assembly in the budget process. The governor is prohibited from approving or disapproving of appropriations in a manner that would cause the final budget approved by the governor to exceed the expenditure limitation.
   The amendment also provides that, if a new revenue source is established and implemented, 95 percent of the estimate of that new revenue shall be included in the expenditure limitation.
   The amendment also requires that the amount of any surplus which exceeds an amount equal to 10 percent of the adjusted revenue estimate be included in the adjusted revenue estimate for the following fiscal year. Any surplus which is equal to 10 percent or less of the amount of the adjusted revenue estimate may be included in the following year’s adjusted revenue estimate if inclusion is approved in a bill by a three-fifths majority of each house of the general assembly.
   The amendment provides that certain revenues such as federal funds are not within the scope of the expenditure limitation. The scope does encompass any portion of an appropriation previously subject to an expenditure limitation which remains authorized for expenditure in the fiscal year to which the expenditure limitation being addressed applies.
   The amendment also requires the state to use generally accepted accounting principles for state budgeting and accounting purposes. The amendment provides that the general assembly shall enact laws to implement the amendment.
   The resolution, if adopted, will be referred to the next general assembly. If the next general assembly adopts the resolution, the amendment will be submitted to the voters for ratification.