71st OREGON LEGISLATIVE ASSEMBLY--2001 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 2863
 
                    House Joint Resolution 50
 
Sponsored by Representative WESTLUND (at the request of Don
  McIntyre)
 
 
                             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 to limit state
government appropriations to 12 percent of personal income.
Specifies what constitutes appropriation and what does not.
  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 creating new sections 15 and 15a to be added to and made a
part of Article IX, such sections to read:
   { +  SECTION 15. + }  { + (1) Except as provided in subsection
(4) of this section, total appropriations for state government
expenditures in a biennium may not exceed an amount that is 12
percent of the state's personal income. For purposes of this
section, the state's personal income is the total personal income
for this state as computed by the federal government for the two
calendar years ending just prior to the year in which the
biennium begins.
  (2) For purposes of this section, the following are considered
to be appropriations for state government expenditures in a
biennium:
  (a) An authorization, given by law, to expend moneys in the
biennium;
  (b) A limitation, imposed by law, on the expenditure in the
biennium of moneys that are continuously appropriated; and
  (c) An estimate of amounts of moneys that are continuously
appropriated that will be spent in the biennium without
limitation.
  (3) In calculating the total appropriations for a biennium for
purposes of subsection (1) of this section, appropriations of the
following moneys may not be considered:
  (a) Federal funds;
  (b) Moneys voluntarily donated to a state agency;
  (c) Revenues from the issuance of bonds by a state agency;
  (d) Moneys from the Public Employees Retirement Fund used for
the purpose of payment of benefits or refunds; and
  (e) Excess revenues returned to taxpayers under the provisions
of section 14 of this Article.
  (4) The limitation on appropriations established by this
section may be exceeded for a biennium if the Governor declares
an emergency and three-fourths of the members serving in each
house of the Legislative Assembly affirmatively vote to exceed
the limitation for that biennium.
  (5) Revenues, other than earnings from dedicated investment
funds, received by the state in a biennium that are in excess of
the appropriation limitation established by this section shall be
distributed to taxpayers who paid state personal income taxes
attributable to tax years ending in the biennium, in proportion
to the amount each taxpayer paid. A distribution under this
subsection may not be counted as an appropriation for purposes of
the limitation on appropriations created by this section. + }
   { +  SECTION 15a. + }  { + (1) The limitation established in
section 15 of this Article first applies to state government
appropriations for the biennium beginning July 1, 2003.
  (2) This section is repealed on January 1, 2004. + }
 
  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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