House Bill 159-First Edition

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H 1

HOUSE BILL 159

Short Title: Taxpayer Bill of Rights.		(Public)
Sponsors:	Representatives Blust, Setzer, Holloway, Cleveland (Primary Sponsors); Allred, Blackwood, Burr, Current, Daughtry, Dockham, Dollar, Folwell, Frye, Gulley, Hurley, Johnson, Justice, Justus, Killian, Langdon, Lewis, McGee, Mills, Neumann, Randleman, Samuelson, Starnes, and Tillis.
Referred to:	Rules, Calendar, and Operations of the House, if favorable, Judiciary I, if favorable, Appropriations.

February 16, 2009

A BILL TO BE ENTITLED

AN ACT TO PROVIDE GOVERNMENTAL ACCOUNTABILITY AND PROTECTION TO THE TAXPAYERS BY LIMITING INCREASES IN THE GENERAL FUND BUDGET, REFORMING THE BUDGET PROCESS, ESTABLISHING AN EMERGENCY RESERVE TRUST FUND, and to amend the north carolina constitution to establish a general fund expenditure limit.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 143C‑1‑1(d) is amended by adding the following new subdivisions:

"(12a) Fiscal growth factor. – The average of the sum of inflation and population change for each of the preceding three calendar years. If either inflation or the population change for the preceding three calendar years is negative, then that change shall be counted as zero.

(16a) Inflation. – The percentage change in the consumer price index for the United States for each calendar year as published by the Federal Bureau of Labor Statistics.

(21a) Population change. – The percentage change in State population for each calendar year as reported by the Office of State Budget and Management."

SECTION 2. Article 4 of Chapter 143C of the General Statutes is amended by adding the following new sections to read:

"§ 143C‑4‑8. Determination of General Fund expenditure limit.

(a) General Fund Expenditure Limit. – The General Fund expenditure limit for each fiscal year shall be the previous fiscal year's General Fund expenditure limit increased by a percentage rate that equals the fiscal growth factor.

(b) Base Fiscal Year for General Fund Expenditure Limit. – The total authorized General Fund for the fiscal year beginning July 1, 2009, increased by the fiscal growth factor shall be used to determine the General Fund expenditure limit for the fiscal year beginning July 1, 2009, which will then be used to determine the General Fund expenditure limit for succeeding fiscal years.

(c) Decreases in General Fund Expenditure Limit. – If, on or after December 31, 2009, the cost of any State program or function is shifted from the General Fund to another source of funding, including, but not limited to, counties or other units of local government, or if moneys are transferred from the General Fund to another fund or account, the General Fund expenditure limit shall be reduced by a like amount.

(d) Fiscal Reports. – On or before March 15 of each year, the Fiscal Research Division and the Office of State Budget and Management shall issue a determination of the General Fund expenditure limit for the fiscal year beginning July 1 of that year and a projection of the General Fund expenditure limit for the next fiscal year. If the Fiscal Research Division and the Office of State Budget and Management do not agree on the General Fund expenditure limit, the lowest determination and projection shall be used.

"§ 143C‑4‑9. Increase in General Fund expenditure limited.

(a) Governor Bound by General Fund Expenditure Limit. – In preparing the budget for a fiscal year, the Governor shall not propose expenditures from the General Fund for the ensuing fiscal period in excess of the projected General Fund expenditure limit established under G.S. 143C‑4‑8.

(b) General Assembly Bound by General Fund Expenditure Limit. – In enacting the budget for the fiscal year, the General Assembly shall not make appropriations from the General Fund in excess of the General Fund expenditure limit established under G.S. 143C‑4‑8.

(c) No State Moneys to Be Paid in Excess of General Fund Expenditure Limit. – Except as provided in G.S. 143C‑4‑10, no money shall be drawn from the State treasury if the withdrawal will result in a State expenditure for any fiscal year in excess of the General Fund expenditure limit established under G.S. 143C‑4‑8. Except as provided in G.S. 143C‑4‑10, the Governor, the State Treasurer, and the State Controller shall not issue or redeem any draft, check, warrant, or voucher that will result in a State expenditure for any fiscal year in excess of the General Fund expenditure limit established under G.S. 143C‑4‑8.

(d) Revenue in Excess of General Fund Expenditure Limit Credited to Emergency Reserve Trust Fund. – All General Fund revenue collected in excess of the General Fund expenditure limit shall be credited to the Emergency Reserve Trust Fund at the end of each fiscal year.

"§ 143C‑4‑10. Two‑thirds vote of General Assembly required to exceed General Fund expenditure limit.

The General Assembly may, by an affirmative vote of two‑thirds of the members of each house, make General Fund appropriations for nonrecurring expenses in excess of the General Fund expenditure limit for a period not to exceed 12 months beginning on the effective date of the appropriations."

SECTION 3. G.S. 143C‑4‑2 reads as rewritten:

"§ 143C‑4‑2. ~~Savings Reserve Account~~ Emergency Reserve Trust Fund and appropriation of General Fund unreserved fund balance.

(a) Creation and Source of Funds. – The ~~Savings Reserve Account~~Emergency Reserve Trust Fund is established as a reserve in the General Fund. The Controller shall reserve to the ~~Savings Reserve Account~~Emergency Reserve Trust Fund one‑fourth of any unreserved fund balance, as determined on a cash basis, remaining in the General Fund at the end of each fiscal year. The Emergency Reserve Trust Fund shall also include revenue in excess of the General Fund expenditure limit credited in accordance with G.S. 143C‑4‑9(c).

(b) ~~Use of Funds.~~ Two‑Thirds Vote Required to Appropriate Funds From the Emergency Reserve Trust Fund. – The ~~Savings Reserve Account~~Emergency Reserve Trust Fund is a component of the unappropriated General Fund balance. Funds reserved to the ~~Savings Reserve Account~~Emergency Reserve Trust Fund shall be available for expenditure only upon an act of appropriation by the General ~~Assembly.~~Assembly that passes by an affirmative vote of two‑thirds of the members of each house.

~~(c)~~ Goal for Savings Reserve Account Balance. – The General Assembly recognizes the need to establish and maintain sufficient reserves to address unanticipated events and circumstances such as natural disasters, economic downturns, threats to public safety, health, and welfare, and other emergencies. It is a goal of the General Assembly and the State to accumulate and maintain a balance in the Savings Reserve Account equal to or greater than eight percent (8%) of the prior year's General Fund operating budget.

(d) Transfers From Emergency Reserve Trust Fund Permissible to Pay Appropriations When Budgeted Funds Are Insufficient. – If the Director of the Budget determines that: (i) pursuant to the provisions of G.S. 143C‑6‑2 the aggregate revenues collected and available during a fiscal year are not sufficient to pay all of the appropriations for that fiscal year in full; or (ii) pursuant to the provisions of Section 5(3) of Article III of the North Carolina Constitution, receipts during a fiscal year when added to the surplus remaining in the State treasury at the beginning of the fiscal year will not be sufficient to meet budgeted expenditures, the Director may, in the Director's discretion, transfer funds from the Emergency Reserve Trust Fund to pay the appropriations for the fiscal year to the extent funds are available. If the Director of the Budget decides not to transfer the funds from the Emergency Reserve Trust Fund as provided in this section, the Director shall proceed as provided in G.S. 143C‑6‑2 or Section 5(3) of Article III of the North Carolina Constitution to administer the budget so as to prevent any overdraft or deficit.

(e) Excess Funds to Be Returned to Taxpayers. – If the total funds in the Emergency Reserve Trust Fund at the end of the fiscal year exceed an amount equal to five percent (5%) of the total General Fund appropriation for the prior fiscal year, the excess over five percent (5%) shall be reserved to provide tax relief to the citizens of North Carolina."

SECTION 4. The funds in the Savings Reserve Account are transferred to the Emergency Reserve Trust Fund established by G.S. 143C‑4‑2.

SECTION 5. Article V of the North Carolina Constitution is amended by adding a new section to read:

"Sec. 15. General Fund expenditure limit.

(1) Definitions. The following definitions apply in this section:

(a) Fiscal growth factor. The average of the sum of inflation and population change for each of the preceding three calendar years. If either inflation or the population change for the preceding three calendar years is negative, then that change shall be counted as zero.

(b) Inflation. The percentage change in the consumer price index for the United States for each calendar year as published by the Federal Bureau of Labor Statistics.

(c) Population change. The percentage change in State population for each calendar year as reported by the Office of State Budget and Management.

(2) General Fund expenditure limit. The General Fund expenditure limit for each fiscal year shall be the previous year's General Fund expenditure limit increased by a percentage rate that equals the fiscal growth factor. The Governor shall not propose expenditures from the General Fund for the ensuing fiscal period in excess of the projected General Fund expenditure limit. In enacting the budget for the fiscal year, the General Assembly shall not make appropriations from the General Fund in excess of the General Fund limit.

(3) Base fiscal year for General Fund expenditure limit. The total authorized General Fund budget for the fiscal year beginning July 1, 2009, increased by the fiscal growth factor, shall be used to determine the General Fund expenditure limit for the fiscal year beginning July 1, 2010, which will then be used to determine the General Fund expenditure limit for succeeding fiscal years.

(4) Decreases in General Fund expenditure limit. If, on or after December 31, 2009, the cost of any State program or function is shifted from the General Fund to another source of funding, including, but not limited to, counties or other units of local government, or if moneys are transferred from the General Fund to another fund or account, the General Fund expenditure limit shall be reduced by a like amount.

(5) Two‑thirds vote of General Assembly required to exceed General Fund expenditure limit. The General Assembly may, by an affirmative vote of two‑thirds of the members of each house, make General Fund appropriations for nonrecurring expenses in excess of the General Fund expenditure limit for a period not to exceed 12 months beginning on the effective date of the appropriations.

(6) Any funds that are unexpended as a result of this provision that exceed five percent (5%) of the General Fund appropriation for the prior fiscal year shall be returned to the taxpayers."

SECTION 6. The amendment set out in Section 5 of this act shall be submitted to the qualified voters of the State at the next general election, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:

"[ ] FOR [ ] AGAINST

Constitutional amendment to limit the General Fund expenditures for each fiscal year to an amount that does not exceed the previous year's General Fund expenditure limit increased by a percentage rate that equals the fiscal growth factor and to provide that the base fiscal year for the General Fund expenditure limit shall be the total authorized General Fund budget for the fiscal year beginning July 1, 2009, increased by the fiscal growth factor. That baseline shall be used to determine the General Fund expenditure limit for the fiscal year beginning July 1, 2010, which will then be used to determine the General Fund expenditure limit for succeeding fiscal years."

SECTION 7. If a majority of the votes cast on the question is in favor of the amendment set out in Section 5 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The amendment becomes effective upon this certification. The Secretary of State shall enroll the amendment so certified among the permanent records of that office.

SECTION 8. Sections 1, 2, 3, and 4 of this act become effective only if the constitutional amendment set out in Section 5 of this act is approved by the qualified voters of the State, as provided in Section 6 of this act.

SECTION 9. This act is effective when it becomes law.