HOUSE OF REPRESENTATIVES

H.B. NO.

448

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

proposing an amendment to article VII, section 9 of the hawaii state constitution, relating to the general fund expenditure ceiling.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to propose an amendment to Article VII, Section 9, of the Hawaii Constitution to repeal the two-thirds vote requirement by which the general fund expenditure ceiling can be circumvented.

     SECTION 2.  Article VII, Section 9, of the Constitution of the State of Hawaii is amended to read as follows:

     "LEGISLATIVE APPROPRIATIONS; PROCEDURES;

EXPENDITURE CEILING

     Section 9.  In each regular session in an odd-numbered year, the legislature shall transmit to the governor an appropriation bill or bills providing for the anticipated total expenditures of the State for the ensuing fiscal biennium.  In such session, no appropriation bill, except bills recommended by the governor for immediate passage, or to cover the expenses of the legislature, shall be passed on final reading until the bill authorizing operating expenditures for the ensuing fiscal biennium, to be known as the general appropriations bill, shall have been transmitted to the governor.

     In each regular session in an even-numbered year, at such time as may be provided by law, the governor may submit to the legislature a bill to amend any appropriation for operating expenditures of the current fiscal biennium, to be known as the supplemental appropriations bill, and bills to amend any appropriations for capital expenditures of the current fiscal biennium, and at the same time the governor shall submit a bill or bills to provide for any added revenues or borrowings that such amendments may require.  In each regular session in an even-numbered year, bills may be introduced in the legislature to amend any appropriation act or bond authorization act of the current fiscal biennium or prior fiscal periods.  In any such session in which the legislature submits to the governor a supplemental appropriations bill, no other appropriation bill, except bills recommended by the governor for immediate passage, or to cover the expenses of the legislature, shall be passed on final reading until such supplemental appropriations bill shall have been transmitted to the governor.

 

GENERAL FUND EXPENDITURE CEILING

 

     Notwithstanding any other provision to the contrary, the legislature shall establish a general fund expenditure ceiling which shall limit the rate of growth of general fund appropriations, excluding federal funds received by the general fund, to the estimated rate of growth of the State's economy as provided by law.  No appropriations in excess of such ceiling shall be authorized during any legislative session [unless the legislature shall, by a two-thirds vote of the members to which each house of the legislature is entitled, set forth the dollar amount and the rate by which the ceiling will be exceeded and the reasons therefor]."

    SECTION 3.  The question to be printed on the ballot shall be as follows:

    "Shall the legislature be prohibited from appropriating general funds in excess of the general fund appropriation ceiling?" 

     SECTION 4.  Constitutional material to be repealed is bracketed and stricken.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

 

INTRODUCED BY:

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Report Title:

Constitutional amendment; general fund expenditure ceiling

 

Description:

Proposes a constitutional amendment to Article VII, Section 9, of the Hawaii State Constitution to eliminate the ability to exceed the general fund expenditure ceiling.

 

 

 

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