3177 AMH ALEX FRAS 211

HB 3177 - H AMD 1166

By Representative Alexander

FAILED 2/18/2008

   Strike everything after the enacting clause and insert the following:

   "Sec. 1. RCW 43.135.025 and 2005 c 72 s 4 are each amended to read as follows:

   (1) The state shall not expend from the general fund and related funds 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 or related 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, 2007, the phrase "the previous fiscal year's state expenditure limit" means the total state expenditures from the state general fund and related funds, not including federal funds, for the fiscal year beginning July 1, 2006, plus the fiscal growth factor.

   (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)) state treasurer, and the chairs and ranking minority members 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 four members.

   (6) Each November, the 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. 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)) state treasurer shall adjust or project the expenditure limit, as necessary.

   (7) "Fiscal growth factor" means the average growth in state personal income for the prior ten fiscal years.

   (8) "General fund" means the state general fund.

   (9) "Related fund" means the health services account, violence reduction and drug enforcement account, public safety and education account, water quality account, or student achievement fund."

EFFECT: As in the underlying bill, the Attorney General or designee is removed from the Expenditure Limit Committee. The State Treasurer is added to the ELC. If the ELC does not adopt a limit by November 30 of each year, the State Treasurer, rather than the OFM director, adjusts and adopts the limit.