2003 Legislation
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HOUSE BILL NO. 280 – Tax/expenditure limitation

HOUSE BILL NO. 280

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H0280..................................................by REVENUE AND TAXATION
TAX/EXPENDITURES - LIMITATIONS - Amends, adds to and repeals existing law to
adopt taxation and expenditure limitations; to create an Emergency Reserve
Fund and govern appropriation from the fund; to prohibit mandated and shifted
costs; to adopt a local tax limitation provision; and to govern moneys to be
transferred to the Budget Stabilization Fund and appropriations from the fund.
                                                                        
02/19    House intro - 1st rdg - to printing
02/20    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 280
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO IMPOSITION OF A  TAXATION  AND  EXPENDITURE  LIMITATION;  AMENDING
  3        TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 88, TITLE 67, IDAHO
  4        CODE,  TO  IMPOSE  A  LIMITATION UPON ANNUAL STATE EXPENDITURES, TO DEFINE
  5        TERMS, TO PROVIDE CREATION OF AN EMERGENCY RESERVE FUND AND GOVERN  APPRO-
  6        PRIATION  FROM THE FUND, TO GOVERN DISPOSITION OF EXCESS REVENUES, TO PRO-
  7        VIDE FOR AN EMERGENCY DECLARATION, TO PROHIBIT MANDATED AND SHIFTED COSTS,
  8        TO PROVIDE EXCLUSION OF CERTAIN EXPENDITURES AND TO ADOPT A LOCAL TAX LIM-
  9        ITATION PROVISION; AMENDING SECTION 57-814, IDAHO CODE, TO  GOVERN  MONEYS
 10        TO BE TRANSFERRED TO THE BUDGET STABILIZATION FUND AND APPROPRIATIONS FROM
 11        THE FUND; AND REPEALING SECTIONS 57-814A AND 67-6803, IDAHO CODE.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That Title 67, Idaho Code, be, and the same is hereby amended
 14    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 15    ter 88, Title 67, Idaho Code, and to read as follows:
                                                                        
 16                                      CHAPTER 88
 17                            TAX AND EXPENDITURE LIMITATION
                                                                        
 18        67-8801.  EXPENDITURE  LIMITATION. A limit on the total amount of expendi-
 19    tures by Idaho in each fiscal year is established. The annual  state  expendi-
 20    tures  shall  not  exceed  the  total  expenditures for the prior fiscal year,
 21    except for annual percentage changes in the cost of living and the population.
 22    In no case shall such percentage change in  expenditures  exceed  the  average
 23    percentage  change  in  the  state's per capita personal income over the prior
 24    three (3) fiscal years.
                                                                        
 25        67-8802.  DEFINITIONS. As used in this chapter the following  words  shall
 26    have the following meanings:
 27        (1)  "Cost  of  living" means the consumer price index (all items) for the
 28    United States of America, or any comparable index, as computed by  the  bureau
 29    of  labor  statistics or the department of commerce of the United States for a
 30    twelve (12) month period of time.
 31        (2)  "Emergency" means an extraordinary event or occurrence that could not
 32    have been reasonably foreseen or prevented and that requires immediate  expen-
 33    diture to preserve the health, safety and general welfare of the people.
 34        (3)  "Expenditures"  means  the total amount of moneys appropriated by the
 35    state except:
 36        (a)  Appropriation funded moneys received from the federal government;
 37        (b)  Principal and interest on bonded indebtedness;
 38        (c)  Appropriations funded by unemployment and disability insurance funds;
 39        (d)  Appropriations funded by discretionary user  charges  to  the  extent
 40        that such charges do not exceed the cost of the goods or services and pur-
 41        chase by the user is discretionary;
                                                                        
                                           2
                                                                        
  1        (e)  Appropriations  funded  from permanent endowment, trust funds or pen-
  2        sion funds;
  3        (f)  Proceeds of gifts or bequests made  for  purposes  specified  by  the
  4        donor; or
  5        (g)  Moneys appropriated for tax relief.
  6        (4)  "Fiscal  year"  means any accounting period consisting of twelve (12)
  7    consecutive months.
  8        (5)  "Per capita expenditures" means the quotient  derived  from  dividing
  9    expenditures of the state for a fiscal year by its population on the first day
 10    of that fiscal year.
 11        (6)  "Personal income" means the total income received by residents of the
 12    state  from all sources, including transfer payments as defined and officially
 13    reported by the United States department of commerce for a twelve  (12)  month
 14    period of time.
 15        (7)  "Population"  means  the  number  of  people  residing  in the state,
 16    excluding armed forces stationed overseas, as determined by the United  States
 17    bureau of census.
                                                                        
 18        67-8803.  EMERGENCY RESERVE FUND. Any excess of state revenues over expen-
 19    ditures at the end of a fiscal year shall first be transferred to an emergency
 20    reserve fund.  The emergency reserve fund shall not exceed one percent (1%) of
 21    the total expenditures of the current fiscal year.
 22        Appropriation  of money from the emergency reserve fund may be made in the
 23    event of state emergencies such as natural disasters. Appropriations from  the
 24    emergency reserve fund would require declaration of an emergency by the gover-
 25    nor  and upon concurrence of a majority vote of all members present in each of
 26    the two (2) houses of  the  legislature.  Emergencies  would  exclude  revenue
 27    decreases or revenue shortfalls due to economic conditions.
                                                                        
 28        67-8804.  EXCESS  REVENUES.  For  any  fiscal year, the excess of revenues
 29    over expenditures, except as provided in section 67-8803 and  section  57-814,
 30    Idaho  Code,  shall be refunded. The legislature may use any reasonable method
 31    for refunds, including temporary tax credits or rate reductions.  Refunds need
 32    not be proportional when prior payments are impractical to identify or return.
                                                                        
 33        67-8805.  EMERGENCY  DECLARATION.  The  limitation  imposed   by   section
 34    67-8801,  Idaho  Code, may be exceeded upon the exhaustion of the funds estab-
 35    lished in accordance with section 67-8803 and section 57-814, Idaho Code,  and
 36    upon the declaration of an emergency by the governor and upon a concurrence of
 37    a  two-thirds  (2/3)  majority of the membership of each house of the legisla-
 38    ture. The legislature shall set forth the amount of the cost of the  emergency
 39    situation  and the method by which it shall be defrayed. The limitation may be
 40    exceeded only for the year(s) in which the emergency situation is declared. In
 41    no event shall such emergency appropriation, as defined  in  section  67-8802,
 42    Idaho  Code,  be included in the computation of the limitation imposed by sec-
 43    tion 67-8801, Idaho Code, for any subsequent year.
                                                                        
 44        67-8806.  MANDATED AND SHIFTED COSTS. The state shall not impose upon  any
 45    local  unit  of government any part of the total costs of new programs or ser-
 46    vices, or increases in existing programs or services, unless a specific appro-
 47    priation is made sufficient to pay the local unit of government for that  pur-
 48    pose.   The proportion of state revenue paid to all local units of government,
 49    taken as a group, shall not be reduced below that proportion in effect at  the
 50    adoption  of  this chapter.  Where costs are transferred from one unit of gov-
 51    ernment to  another unit of government, either by law or court order, the lim-
                                                                        
                                           3
                                                                        
  1    itation imposed in section 67-8801, Idaho Code, shall be adjusted  and  trans-
  2    ferred  accordingly  so that total costs are not increased as a result of such
  3    transfer.
                                                                        
  4        67-8807.  EXCLUDED EXPENDITURES. If any expenditure category,  or  revenue
  5    source,  shall,  by  a  court  of  competent jurisdiction in a final order, be
  6    adjudged excluded from this chapter, the process of computing the  expenditure
  7    limitation  shall be adjusted accordingly and remaining provisions shall be in
  8    full force and effect.
                                                                        
  9        67-8808.  LOCAL TAX LIMITATION. Every political subdivision of this  state
 10    is  hereby  prohibited from levying any tax not in existence when this chapter
 11    was adopted, and from increasing the rates of existing taxes after the  effec-
 12    tive date of this chapter, without the approval of a majority of the voters of
 13    that  local  unit of government. This section shall not apply to taxes imposed
 14    for the repayment of principal and interest or other indebtedness or  for  the
 15    payment  of assessments or contract obligations in anticipation of which bonds
 16    are issued.
                                                                        
 17        SECTION 2.  That Section 57-814, Idaho Code, be, and the  same  is  hereby
 18    amended to read as follows:
                                                                        
 19        57-814.  BUDGET  STABILIZATION  FUND.  (1)  There is hereby created in the
 20    state treasury the budget stabilization fund for the purpose of  meeting  gen-
 21    eral fund revenue shortfalls. and to meet expenses incurred as the result of a
 22    major  disaster  declared  by  the  governor. All moneys in the budget reserve
 23    account at the date of approval of this act shall be transferred to the budget
 24    stabilization fund. Interest earnings from the investment of  moneys  in  this
 25    fund  by  the  state  treasurer  shall  be  credited to the permanent building
 26    account subject to the provisions of section 67-1210, Idaho Code.
 27        (2)  Subject to the requirements of section 63-3203, Idaho Code, the state
 28    controller shall annually transfer moneys from the general fund to the  budget
 29    stabilization fund subject to the following criteria:
 30        (a)  If  the  state  controller certifies that the receipts to the general
 31        fund total state revenues for the fiscal year just  ending  have  exceeded
 32        the  receipts  expenditures  of  the previous current fiscal year, by more
 33        than four percent (4%) and the  requirements  of  section  67-8803,  Idaho
 34        Code,  have been met, then the state controller shall transfer all general
 35        fund collections in excess of said four percent (4%) increase  revenue  to
 36        the  budget stabilization fund, up to a maximum of one percent (1%) of the
 37        actual general fund collections of the fiscal year just ending. The  state
 38        controller  shall make the transfers in four (4) equal amounts during Sep-
 39        tember, December, March and June of the next fiscal year.
 40        (b)  The amount of moneys in  the  budget  stabilization  fund  shall  not
 41        exceed  five  percent (5%) of the total general fund receipts expenditures
 42        for the fiscal year just ending.
 43        (c)  The state controller shall transfer moneys in the  budget  stabiliza-
 44        tion fund in excess of the limit imposed in subsection (2)(b) of this sec-
 45        tion to the general fund.
 46        (3)  If  a  majority  of  the  membership of each house of the legislature
 47    adopt a concurrent resolution  requesting the amount of the transfer specified
 48    in subsection (2) of this section  be  reduced,  the  state  controller  shall
 49    reduce the amount of the transfer.
 50        (4)  Appropriations  of  moneys  from the budget stabilization fund in any
 51    year shall be limited to fifty  percent  (50%)  after  the  fund  balance  has
                                                                        
                                           4
                                                                        
  1    reached  five  percent (5%) may be made in the event of state emergencies such
  2    as revenue decreases or revenue shortfalls due  to  economic  conditions.  The
  3    maximum amount that can be transferred from the fund is the amount required to
  4    maintain  expenditures  as  provided in section 67-8801, Idaho Code; any addi-
  5    tional funds remain in the budget stabilization fund. Appropriations from  the
  6    budget  stabilization  fund can only occur upon concurrence of a majority vote
  7    of all members present in each of the two (2) houses of the legislature.
                                                                        
  8        SECTION 3.  That Sections 57-814A and 67-6803, Idaho  Code,  be,  and  the
  9    same are hereby repealed.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13008
A Tax and Expenditure Limit is an effective method to control the
growth of state government and promote fiscal responsibility. 
Tax and Expenditure Limits restrain government and are a constant
reminder to lawmakers of the costs of extravagant fiscal
policies. 

This Act calls for statutory provisions to constrain increases in
the maximum rate of annual state spending to yearly percentage
changes in the cost-of-living, population growth, and the average
percentage change in per capita personal income over the state's
prior three fiscal years.  It creates an "Emergency Reserve Fund"
and governs appropriations from the fund.  It amends the existing
"Budget Stabilization Fund."  This regenerative fiscal limit will
create stability for bond ratings for the state.  The Act calls
for taxpayer refunds of excess revenue, provides for emergency
exemptions, prevents cost shifting to local governments, and
limits taxes and expenditures at the local level.



                          FISCAL IMPACT

The state budgeting process will shift from revenue forecasting
to expenditure limits based on yearly percentage changes of
actual numbers.  It is estimated there would be a savings to the
general fund of $100,000 per year due to the elimination of one
Economist position in the Division of Financial Management, plus
operating costs.



Contact:
Name: Rep. McGeachin 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE     H 280