SB2215ham002 93RD GENERAL ASSEMBLY

Rep. Jay C. Hoffman

Filed: 5/4/2004

09300SB2215ham002 LRB093 15842 MKM 50456 a

AMENDMENT TO SENATE BILL 2215

AMENDMENT NO. ______. Amend Senate Bill 2215 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Balanced Budget Act.

Section 5. Definitions.

"Spending Increase Proposal" means any legislation that (i) is introduced or amended (including any changes to legislation by means of a conference committee report) during a regular or special session of the General Assembly and (ii) proposes or results in (as introduced or amended, as the case may be) an increase in any item of appropriation or a creation or expansion of any program or initiative so that an expenditure of State general funds greater than the expenditures set forth in the State budget prepared and submitted by the Governor to the General Assembly for the State fiscal year is authorized or necessary.

"Revenue Decrease Proposal" means any legislation that (i) is introduced or amended (including any changes to legislation by means of a conference committee report) during a regular or special session of the General Assembly and (ii) proposes or results in (as introduced or amended, as the case may be) a reduction or elimination of any source of State general funds revenues so that State general funds revenues are less than the revenues set forth in the State budget prepared and submitted by the Governor to the General Assembly for the State fiscal year.

"Contributes to the deficit" means any Spending Increase Proposal or Revenue Decrease Proposal that does not include or identify corresponding legislation to (i) reduce one or more items of other State general funds appropriations, (ii) modify substantive legislation to reduce the costs to State general funds for one or more programs or initiatives, or (iii) enact new sources of State general funds revenues, in each case in at least the same amount of the expenditure authorized or necessary under the Spending Increase Proposal or the reduction or elimination of revenue under the Revenue Decrease Proposal.

Section 10. Notice of deficiency. In the event that a Spending Increase Proposal or Revenue Decrease Proposal contributes to the deficit, the Governor, acting by and through the Governor's Office of Management and Budget, may submit a notice of deficiency to the General Assembly by delivering the notice to the Speaker and Minority Leader of the House of Representatives and the President and Minority Leader of the Senate. A notice of deficiency shall include, but need not be limited to:

(1) identification of the Spending Increase Proposal or Revenue Decrease Proposal that contributes to the deficit; and

(2) a fiscal analysis to demonstrate the nature of and amount that the Spending Increase Proposal or Revenue Decrease Proposal contributes to the deficit.

Section 15. Advancement of legislation. No Spending Increase Proposal or Revenue Decrease Proposal for which the Governor has issued a notice of deficiency may be advanced towards final passage in either the House of Representatives or the Senate until legislation to eliminate the extent to which the Spending Increase Proposal or Revenue Decrease Proposal contributes to the deficit is introduced or amended and advanced towards final passage.

Section 20. Adoption of rules. The House of Representatives and the Senate shall adopt or amend such rules as may be necessary or advisable to ensure compliance with the provisions of this Act.".