Bill Text: OR SJR9 | 2013 | Regular Session | Introduced

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Bill Title: Proposing amendment to Oregon Constitution relating to limitation on state appropriations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SJR9 Detail]

Download: Oregon-2013-SJR9-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

 LC 2066

                    Senate Joint Resolution 9

Sponsored by Senator GEORGE (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Proposes amendment to Oregon Constitution. Limits
appropriations for state government expenditures in biennium to
15 percent of personal income in state in two calendar years
ending before beginning of biennium. Specifies method of
computing personal income in state.
  Exempts appropriations funded by revenues from issuance of
bonds by state.
  Allows Legislative Assembly to increase limit on appropriations
for biennium if Governor declares emergency and proposed increase
is approved by three-fourths of members of each house of
Legislative Assembly.
  Establishes Oregon Rainy Day Fund. Sets conditions for
appropriation of moneys in fund.
  Specifies that revenues received by state in excess of
appropriation limit must be deposited in Oregon Rainy Day Fund.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. The Constitution of the State of Oregon is amended
by repealing section 14, Article IX, by amending section 4,
Article X-A, and by creating new sections 1d, 1e and 16 to be
added to and made a part of Article IX, such sections to read:
   { +  SECTION 1d. + }  { + (1) Appropriations for state
government expenditures in each biennium may not exceed an amount
that is 15 percent of personal income in this state, except as
provided in subsections (2) and (3) of this section. For purposes
of this section, personal income in this state is total personal
income for the two calendar years ending before the beginning of
the biennium, as computed by the federal government.
  (2) The limitations of this section do not apply to
appropriations funded by revenues from the issuance of bonds by
the state. Appropriations to pay principal and interest on all
state debt and appropriations funded by revenues from all other
instruments of debt are subject to the limitations of this
section.
  (3) The Legislative Assembly may by law increase for a biennium
the limit on appropriations established by this section if:
  (a) The Governor declares an emergency; and
  (b) The proposed increase is approved by three-fourths of the
members serving in each house of the Legislative Assembly.
  (4) Notwithstanding any other provision of this Constitution,
revenues, other than earnings from dedicated investment funds,
received by the state in a biennium that are in excess of the
appropriation limits established by this section shall be
transferred to the Oregon Rainy Day Fund established by section
16 of this Article or any subaccount in the Oregon Rainy Day
Fund. + }
   { +  SECTION 1e. + }  { + (1) Section 1d of this Article
applies to appropriations for state government expenditures made
in biennia beginning on or after July 1, 2015.
  (2) This section is repealed January 1, 2021. + }
   { +  SECTION 16. + }  { + (1) The Oregon Rainy Day Fund is
established as an account in the General Fund. The Legislative
Assembly may establish subaccounts within the Oregon Rainy Day
Fund. The fund consists of:
  (a) Moneys deposited into the fund in accordance with section
1d of this Article; and
  (b) Any other moneys deposited into the fund in accordance with
law.
  (2) The Legislative Assembly may appropriate moneys from the
Oregon Rainy Day Fund only if the appropriation is approved by
three-fifths of the members serving in each house of the
Legislative Assembly and the Legislative Assembly finds one of
the following:
  (a) That the last quarterly economic and revenue forecast for a
biennium indicates that moneys available to the General Fund for
the next biennium will be at least three percent less than
appropriations from the General Fund for the current biennium;
  (b) That there has been a decline for two or more consecutive
quarters in the last 12 months in seasonally adjusted nonfarm
payroll employment;
  (c) That a quarterly economic and revenue forecast projects
that revenues in the General Fund in the current biennium will be
at least two percent below what the revenues were projected to be
in the revenue forecast on which the legislatively adopted budget
for the current biennium was based; or
  (d) That the Governor has declared that an emergency exists
related to an earthquake, a tsunami or another natural disaster
or an act of war.
  (3) Once each month, in the manner provided by law, a state
agency designated by law shall calculate the amount of General
Fund interest that is attributable to moneys in the Oregon Rainy
Day Fund. The amount calculated under this subsection shall be
transferred to the Oregon Rainy Day Fund. The Legislative
Assembly by law may attribute interest on moneys in a subaccount
in the Oregon Rainy Day Fund to the subaccount.
  (4) As used in this section, 'legislatively adopted budget '
means the budget enacted by the Legislative Assembly during an
odd-numbered year regular session. + }
   { +  Sec. 4. + } (1) If the Governor declares that a
catastrophic disaster has occurred:
  (a) The Legislative Assembly may enact laws authorizing the use
of revenue described in section 3a, Article IX of this
Constitution, for purposes other than those described in that
section.
    { - (b) The Legislative Assembly may, by a vote of the number
of members of each house that constitutes a quorum under
subsection (2) of section 3 of this Article, appropriate moneys
that would otherwise be returned to taxpayers under section 14,
Article IX of this Constitution, to state agencies for the
purpose of responding to the catastrophic disaster. - }
    { - (c) - }   { + (b) + } Notwithstanding section 7, Article
XI of this Constitution, the Legislative Assembly may lend the
credit of the state or create debts or liabilities in an amount
the Legislative Assembly considers necessary to provide an
adequate response to the catastrophic disaster.
    { - (d) - }   { + (c) + } The provisions of section 15,
Article XI of this Constitution, do not apply to any law that is
approved by three-fifths of the members of each house who are
able to attend a session described in subsection (3) of section 3
of this Article.
    { - (e) - }   { + (d) + } The Legislative Assembly may take
action described in subsection (6) of section 15, Article XI of
this Constitution, upon approval by three-fifths of the members
of each house who are able to attend a session described in
subsection (3) of section 3 of this Article.
    { - (f) - }   { + (e) + } Notwithstanding section 4, Article
XV of this Constitution, the Legislative Assembly may allocate
proceeds from the State Lottery for any purpose and in any ratio
the Legislative Assembly determines necessary to provide an
adequate response to the catastrophic disaster.
  (2) Nothing in this section overrides or otherwise affects the
provisions of section 15b, Article V of this Constitution.

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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