3169 AMH  FRAS 30AMD #710 ADOPTED 4/27/00

HB 3169 - H AMD

By Representatives Huff and H. Sommers

     Strike everything after the enacting clause and insert the following:

     "Sec. 1.  RCW 43.135.025 and 1994 c 2 s 2 are each amended to read as follows:

     (1) The state shall not expend from the general fund during any fiscal year state moneys in excess of the state expenditure limit established under this chapter.

     (2) Except pursuant to a declaration of emergency under RCW 43.135.035 or pursuant to an appropriation under RCW 43.135.045(4)(b), the state treasurer shall not issue or redeem any check, warrant, or voucher that will result in a state general fund expenditure for any fiscal year in excess of the state expenditure limit established under this chapter.  A violation of this subsection constitutes a violation of RCW 43.88.290 and shall subject the state treasurer to the penalties provided in RCW 43.88.300.

     (3) The state expenditure limit for any fiscal year shall be the previous fiscal year's state expenditure limit increased by a percentage rate that equals the fiscal growth factor.

     (4) For purposes of computing the state expenditure limit for the fiscal year beginning July 1, 1995, the phrase "the previous fiscal year's state expenditure limit" means the total state expenditures from the state general fund, not including federal funds, for the fiscal year beginning July 1, 1989, plus the fiscal growth factor.  This calculation is then computed for the state expenditure limit for fiscal years 1992, 1993, 1994, and 1995, and as required under RCW 43.135.035(4).

     (5) A state expenditure limit committee is established for the purpose of determining and adjusting the state expenditure limit as provided in this chapter.  The members of the state expenditure limit committee are the director of financial management, the attorney general or the attorney general's designee, and the chairs of the senate committee on ways and means and the house of representatives committee on appropriations.  All actions of the state expenditure limit committee taken pursuant to this chapter require an affirmative vote of at least three members.

(6) Each November, the ((office of financial management)) state expenditure limit committee shall adjust the expenditure limit for the preceding fiscal year based on actual expenditures and known changes in the fiscal growth factor and then project an expenditure limit for the next two fiscal years.  ((The office of financial management shall notify the legislative fiscal committees of all adjustments to the state expenditure limit and projections of future expenditure limits.)) If, by November 30th, the state expenditure limit committee has not adopted the expenditure limit adjustment and projected expenditure limit as provided in subsection (5) of this section, the attorney general or his or her designee shall adjust or project the expenditure limit, as necessary.

     (((6))) (7) "Fiscal growth factor" means the average of the sum of inflation and population change for each of the prior three fiscal years.

     (((7))) (8) "Inflation" means the percentage change in the implicit price deflator for the United States for each fiscal year as published by the federal bureau of labor statistics.

     (((8))) (9) "Population change" means the percentage change in state population for each fiscal year as reported by the office of financial management.

     Sec. 2.  RCW 43.135.035 and 1994 c 2 s 4 are each amended to read as follows:

     (1) After July 1, 1995, any action or combination of actions by the legislature that raises state revenue or requires revenue-neutral tax shifts may be taken only if approved by a two-thirds vote of each house, and then only if state expenditures in any fiscal year, including the new revenue, will not exceed the state expenditure limits established under this chapter.

     (2)(a) If the legislative action under subsection (1) of this section will result in expenditures in excess of the state expenditure limit, then the action of the legislature shall not take effect until approved by a vote of the people at a November general election.  The office of financial management shall adjust the state expenditure limit by the amount of additional revenue approved by the voters under this section.  This adjustment shall not exceed the amount of revenue generated by the legislative action during the first full fiscal year in which it is in effect.  The state expenditure limit shall be adjusted downward upon expiration or repeal of the legislative action.

     (b) The ballot title for any vote of the people required under this section shall be substantially as follows:

     "Shall taxes be imposed on . . . . . . . in order to allow a spending increase above last year's authorized spending adjusted for inflation and population increases?"

     (3)(a) The state expenditure limit may be exceeded upon declaration of an emergency for a period not to exceed twenty-four months by a law approved by a two-thirds vote of each house of the legislature and signed by the governor.  The law shall set forth the nature of the emergency, which is limited to natural disasters that require immediate government action to alleviate human suffering and provide humanitarian assistance.  The state expenditure limit may be exceeded for no more than twenty-four months following the declaration of the emergency and only for the purposes contained in the emergency declaration.

     (b) Additional taxes required for an emergency under this section may be imposed only until thirty days following the next general election, unless an extension is approved at that general election.  The additional taxes shall expire upon expiration of the declaration of emergency.  The legislature shall not impose additional taxes for emergency purposes under this subsection unless funds in the education construction fund have been exhausted.

     (c) The state or any political subdivision of the state shall not impose any tax on intangible property listed in RCW 84.36.070 as that statute exists on January 1, 1993.

     (4) If the cost of any state program or function is shifted from the state general fund on or after January 1, 1993, to another source of funding, or if moneys are transferred from the state general fund to another fund or account, the ((office of financial management)) state expenditure limit committee, acting pursuant to RCW 43.135.025(5), shall lower the state expenditure limit to reflect the shift.  For the purposes of this section, a transfer of money from the state general fund to another fund or account includes any state legislative action taken after July 1, 2000, that has the effect of reducing revenues from a particular source, where such revenues would otherwise be deposited into the state general fund, while increasing the revenues from that particular source to another state or local government account.

(5) If the cost of any state program or function is shifted to the state general fund on or after January 1, 2000, from another source of funding, or if moneys are transferred to the state general fund from another fund or account, the state expenditure limit committee, acting pursuant to RCW 43.135.025(5), shall increase the state expenditure limit to reflect the shift.

     Sec. 3.  RCW 43.135.045 and 1994 c 2 s 3 are each amended to read as follows:

     (1) The emergency reserve fund is established in the state treasury.  During each fiscal year, the state treasurer shall deposit in the emergency reserve fund all general fund‑-state revenues in excess of the state expenditure limit for that fiscal year.  Deposits shall be made at the end of each fiscal quarter based on projections of state revenues and the state expenditure limit.  The treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues and the expenditure limit for fiscal year 2000 and thereafter.

     (2) The legislature may appropriate moneys from the emergency reserve fund only with approval of at least two-thirds of the members of each house of the legislature, and then only if the appropriation does not cause total expenditures to exceed the state expenditure limit under this chapter.

     (3) The emergency reserve fund balance shall not exceed five percent of ((biennial)) annual general fund‑-state revenues as projected by the official state revenue forecast.  Any balance in excess of five percent shall be transferred on a quarterly basis by the state treasurer to the education construction fund hereby created in the treasury.  The treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues for fiscal year 2000 and thereafter.

     (4)(a) Funds may be appropriated from the education construction fund exclusively for common school construction or higher education construction.

     (b) Funds may be appropriated for any other purpose only if approved by a two-thirds vote of each house of the legislature and if approved by a vote of the people at the next general election.  An appropriation approved by the people under this subsection shall result in an adjustment to the state expenditure limit only for the fiscal period for which the appropriation is made and shall not affect any subsequent fiscal period.

NEW SECTION. Sec. 4.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2000."

EFFECT:  This amendment makes two changes to the underlying bill.  First, it substitutes the Attorney General for the Treasurer on the expenditure limit committee.  Second, it directs the Treasurer to reconcile deposits in the education construction fund with the actual deposit requirements.

Including this amendment, the bill does the following:

CA state expenditure limit committee, rather than OFM, will adjust and project the expenditure limit.  The committee will consist of the chairs of the House Appropriations and Senate Ways & Means committees, the Attorney General or designee, and the director of the Office of Financial Management.  At least three of the committee members must agree to the adjustment or projection; if not, the Attorney General makes the adjustments or projections.  

CThe expenditure limit must be lowered if state legislative action after July 1, 2000 results in the reduction of revenues that otherwise would have gone to the general fund and the deposit of those revenues in another state or local government account (tax credits).

CThe "one-way street" is made "two-way":  if moneys or programs are transferred into the general fund, the limit will be increased.

CFor fiscal year 2000 and thereafter, the Treasurer must  make transfers between the emergency reserve fund, the general fund, and the education construction account as necessary to reconcile the actual deposit requirements.    

CMoneys in the emergency reserve fund will be deposited in the education construction account when the ERF reaches 5% of annual, rather than biennial, revenues.  , consisting of the chairs of the House Appropriations and Senate Ways & Means committee, the Attorney General or designee, and the director of the Office of Financial Management,