The Balanced Budget Certification Act Exposed

The Balanced Budget Certification Act was adopted by ALEC's Tax and Fiscal Policy Task Force at the Annual Meeting on August 7, 2010, and approved by the ALEC Board of Directors on September 19, 2010.

CMD's Bill Summary

This would amend the state constitution to require an "appropriate" state official holding an elected statewide office to estimate revenues and certify that any proposed spending will be funded with available or projected revenue. It would prohibit any spending to exceed anticipated revenue, except in the case of emergency and with a four-fifths vote.

ALEC Bill Text

Summary

Proposing a constitutional amendment requiring {Appropriate Statewide Elected Official Not Involved in Writing or Approving the State Budget} to estimate state revenues and certify that all spending proposed by the Legislature is funded with available revenue.

Legislation

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF {insert state}: Section 1. Article xx, {insert state} Constitution, is amended by adding Section xx to read as follows:

Section xx: {Financial Statement and Estimate by {Appropriate Official}; Limitation of Appropriations}

(A) It shall be the duty of the {Appropriate Statewide Elected Official Not Involved in Writing or Approving the State Budget} in advance of each Regular Session of the Legislature to prepare and submit to the Governor and to the Legislature upon its convening a statement under oath showing fully the financial condition of the State Treasury at the close of the last fiscal period and an estimate of the probable receipts and disbursements for the then current fiscal year. There shall also be contained in said statement an itemized estimate of the anticipated revenue based on the laws then in effect that will be received by and for the State from all sources showing the fund accounts to be credited during the succeeding budget period and said statement shall contain such other information as may be required by law. Supplemental statements shall be submitted at any Special Session of the Legislature and at such other times as may be necessary to show probable changes.

(B) Except in the case of emergency and imperative public necessity and with a four-fifths vote of the total membership of each House, no appropriation in excess of the cash and anticipated revenue of the funds from which such appropriation is to be made shall be valid. No bill containing an appropriation shall be considered as passed or be sent to the Governor for consideration until and unless the {Appropriate Statewide Elected Official Not Involved in Writing or Approving the State Budget} endorses his certificate thereon showing that the amount appropriated is within the amount estimated to be available in the affected funds. When the {Appropriate Statewide Elected Official Not Involved in Writing or Approving the State Budget} finds an appropriation bill exceeds the estimated revenue he shall endorse such finding thereon and return to the House in which same originated. Such information shall be immediately made known to each House and the necessary steps shall be taken to bring such appropriation to within the revenue, either by providing additional revenue or reducing the appropriation.

Section 2.

(A) The constitutional amendment proposed by this resolution shall be submitted to the voters at an election to be held {appropriate date}. The ballot shall be printed to permit voting for or against the proposition: “The constitutional amendment requiring {Appropriate Statewide Elected Official Not Involved in Writing or Approving the State Budget} to estimate state revenues and certify that all spending proposed by the Legislature is funded with available revenue.”

Adopted by the Tax and Fiscal Policy Task Force at the Annual Meeting, August 7, 2010.

Approved by the ALEC Board of Directors, September 19, 2010.