Bill Text: OR HJR41 | 2011 | Regular Session | Introduced

Oregon House Joint Resolution 41 (Prior Session Legislation)

Introduced

Bill Title: Proposing amendment to Oregon Constitution relating to state finance.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HJR41 Detail]

Download: Oregon-2011-HJR41-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3236

                    House Joint Resolution 41

Sponsored by Representative WHISNANT; Representatives CONGER,
  THOMPSON

                             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 requiring State
Treasurer to estimate state revenues and certify that
appropriations made by Legislative Assembly are funded with
available or estimated revenues.
  Specifies that bill containing appropriation is not valid and
may not be presented to Governor unless State Treasurer certifies
that each appropriation is within amount of available or
estimated revenues. Directs State Treasurer to return
appropriation bill to House of origin if State Treasurer
determines that appropriation is not within amount of available
or estimated revenues.
  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 a new section 15 to be added to and made a part of
Article IX, such section to read:
   { +  SECTION 15. + }  { + (1) The State Treasurer, in advance
of each odd-numbered year regular session of the Legislative
Assembly, shall prepare and submit to the Governor and to the
Legislative Assembly upon its convening in an odd-numbered year,
a statement made under oath:
  (a) Describing the financial condition of the treasury at the
close of the previous fiscal year;
  (b) Estimating the probable receipts to and disbursements from
the treasury for the then current fiscal year;
  (c) Estimating revenues, based on the laws then in effect, that
will be received by the treasury from all sources during the next
biennium, and showing any particular funds or accounts to be
credited; and
  (d) Containing any other information required by law.
  (2) The State Treasurer shall submit the statement required by
subsection (1) of this section to the Legislative Assembly upon
the convening of any special session of the Legislative Assembly
and at any other times the State Treasurer considers necessary to
report probable changes.

  (3)(a) An appropriation in an amount that exceeds the cash and
estimated revenues of the fund or account from which the
appropriation is to be made is not valid unless:
  (A) The Legislative Assembly declares that an emergency and
imperative public necessity for the appropriation exists; and
  (B) The bill containing the appropriation is approved by
four-fifths of the members serving in each House of the
Legislative Assembly.
  (b) Except as provided in paragraph (a) of this subsection, a
bill containing an appropriation is not considered passed and may
not be presented to the Governor under section 15b, Article V of
this Constitution, unless the State Treasurer endorses the bill
containing the appropriation with a certificate showing that the
amount appropriated is within the amount estimated to be
available in the affected funds or accounts.
  (c) If the State Treasurer determines that an appropriation
exceeds the cash and estimated revenues of the fund or account
from which the appropriation is to be made, the State Treasurer
shall return the bill containing the appropriation to the House
in which the bill originated with a certificate showing the
determination. The certificate shall be immediately made known to
each House. Each House may take necessary steps to bring the
appropriation to within available or estimated revenues, either
by providing additional revenue or reducing the
appropriation. + }

  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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