June 27, 2007, Introduced by Senators PAPPAGEORGE, CASSIS, SWITALSKI, CROPSEY, BISHOP, BIRKHOLZ, GILBERT, VAN WOERKOM, McMANUS, KAHN, BARCIA, GARCIA, PATTERSON, SANBORN, STAMAS, HARDIMAN, GLEASON, KUIPERS, JANSEN, JELINEK, SCOTT, PRUSI, THOMAS, OLSHOVE, CLARK-COLEMAN and ALLEN and referred to the Committee on Government Operations and Reform.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 31 of article IV and
section 18 of article V, to limit the budget, to require certain
deposits into certain state funds, and to require a 2/3 majority
for certain appropriations.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to limit the budget, to require certain
deposits into certain state funds, and to require a 2/3 majority
for certain appropriations, is proposed, agreed to, and submitted
to the people of the state:
ARTICLE IV
Sec. 31. The general appropriation bills for the succeeding
fiscal period covering items set forth in the budget shall be
passed or rejected in either house of the legislature before that
house passes any appropriation bill for items not in the budget
except bills supplementing appropriations for the current fiscal
year's operation. Any bill requiring an appropriation to carry out
its purpose shall be considered an appropriation bill. One of the
general appropriation bills as passed by the legislature shall
contain an itemized statement of estimated revenue by major source
in each operating fund for the ensuing fiscal period, the total of
which shall not be less than the total of all appropriations made
from each fund in the general appropriation bills as passed. For
the 2009-2010 fiscal period, except as otherwise provided in this
section, the legislature shall not pass general appropriation bills
that exceed 96% of the estimated state revenue for the fiscal
period as determined by the revenue estimating conference held in
January immediately preceding that fiscal period as provided by
law. For the 2010-2011 fiscal period, except as otherwise provided
in this section, the legislature shall not pass general
appropriation bills that exceed 96% of the estimated state revenue
for the fiscal period as determined by the revenue estimating
conference held in January immediately preceding that fiscal period
as provided by law. Beginning for the 2011-2012 fiscal period and
each fiscal period thereafter, except as otherwise provided in this
section, the legislature shall not pass general appropriation bills
that exceed the sum of 96% of the estimated state revenue for the
fiscal period as determined by the revenue estimating conference
held in January immediately preceding that fiscal period as
provided by law plus the difference between 96% of the estimated
state revenue for the immediately preceding fiscal period as
determined by the revenue estimating conference held in the January
before the immediately preceding January and the actual state
revenue received for the immediately preceding fiscal period, not
to exceed 100% of the estimated state revenue determined by the
revenue estimating conference held in the January before the
immediately preceding January. Beginning for the 2009-2010 fiscal
period and each fiscal period thereafter, during the fiscal period,
the legislature may supplement the budget for the current fiscal
period only by the concurrence of a 2/3 majority of the members
elected to and serving in each house of the legislature. If the
actual revenue received in the fiscal period exceeds the estimated
state revenue as determined by the revenue estimating conference
held in the immediately preceding January as provided by law, the
additional revenue shall be deposited in the countercyclical budget
and economic stabilization fund as provided by law. Beginning for
the 2009-2010 fiscal period and each fiscal period thereafter,
funds in the countercyclical budget and economic stabilization fund
may only be appropriated by a concurrence of a 2/3 majority of the
members elected to and serving in each house of the legislature. As
used in this section, "estimated state revenue" means the estimated
amount of general purpose general fund revenue and state school aid
fund revenue available for appropriation for the fiscal year.
ARTICLE V
Sec. 18. The governor shall submit to the legislature at a
time fixed by law, a budget for the ensuing fiscal period setting
forth in detail, for all operating funds, the proposed expenditures
and estimated revenue of the state. Proposed expenditures from any
fund shall not exceed the estimated revenue thereof. On the same
date, the governor shall submit to the legislature general
appropriation bills to embody the proposed expenditures and any
necessary bill or bills to provide new or additional revenues to
meet proposed expenditures. Beginning for the 2009-2010 fiscal
period and each fiscal period thereafter, the governor's proposed
budget shall not exceed the amount that may be passed in general
appropriation bills by the legislature under section 31 of article
IV. The amount of any surplus created or deficit incurred in any
fund during the last preceding fiscal period shall be entered as an
item in the budget and in one of the appropriation bills. The
governor may submit amendments to appropriation bills to be offered
in either house during consideration of the bill by that house, and
shall submit bills to meet deficiencies in current appropriations.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.