Session of 2000
House Concurrent Resolution No. 5067
                          By Representatives P. Long, Campbell, Compton, Dahl, Faber, Farmer,
                Gregory, Howell, Hutchins, Landwehr, Mayans, Mays, McCreary,
                Judy Morrison, Myers, O'Connor, Palmer, Phelps, Shultz, Toplikar and

14             A PROPOSITION to amend the constitution of the state of Kansas by
15             adding a new article thereto, prescribing certain limitations upon ex-
16             penditures by the state.
18       Be it resolved by the Legislature of the State of Kansas, two-thirds of the
19       members elected (or appointed) and qualified to the House of Represen-
20       tatives and two-thirds of the members elected (or appointed) and qualified
21       to the Senate concurring therein:
22             Section  1. The following proposition to amend the constitution of the
23       state of Kansas shall be submitted to the qualified electors of the state
24       for their approval or rejection: The constitution of the state of Kansas is
25       amended by adding a new article thereto to read as follows:
27              §   1. (a) For the state fiscal year commencing during calendar
28             year 2002 and each state fiscal year thereafter, the percentage of
29             increase in the amount of total expenditures for such fiscal year
30             over the amount of total expenditures for the immediately preced-
31             ing fiscal year shall not exceed the lesser of either 5% or the average
32             annual percentage growth in aggregate personal income of Kansas
33             residents over the three most recently completed calendar years for
34             which personal income data has been officially reported as of the
35             September 1st which precedes the fiscal year for which the limi-
36             tation is being imposed.
37              (b) As used in this section:
38              (1) "Total expenditures" means the total amount of moneys that
39             are expended or encumbered for a state fiscal year by the state,
40             except any such expenditure or encumbrance of the following,
41             which shall be strictly construed and applied to allow the least
42             amount of exceptions:
43              (A) Moneys received from the federal government;


  1              (B) moneys which are proceeds of any bonds, notes or other
  2             evidences of state government borrowing which are issued or in-
  3             curred as otherwise provided in this constitution;
  4              (C) moneys which are required for the payment of obligations
  5             evidenced by bonds, notes or other evidences of state government
  6             borrowing that were undertaken prior to the effective date of this
  7             article;
  8              (D) moneys in unemployment or disability insurance funds;
  9              (E) moneys from permanent endowment funds, trust funds,
10             deferred compensation funds or pension funds; and
11              (F) moneys of grants, gifts or donations which are expended or
12             encumbered for purposes specified by the donor; and
13              (2) "personal income" means the total income received by res-
14             idents of Kansas from all sources, including transfer payments, as
15             defined and officially reported by the bureau of economic analysis
16             of the United States department of commerce, or its successor
17             agency.
18              (d) The provisions of this section and the limitations imposed
19             thereby shall be effective as to the state, notwithstanding any other
20             provisions of this constitution.
21              §   2. The limitation imposed on the state by subsection (a) of
22             section 1 of this article may be exceeded for a state fiscal year upon
23             the issuance of a declaration of need by the governor and upon the
24             vote by three-fifths of the members then elected (or appointed) and
25             qualified of each house of the legislature approving the declaration
26             of need. In each case of any such declaration of need, the legisla-
27             ture, by law, shall set forth the aggregate amount of the cost of the
28             need or needs for which the declaration was issued and the method
29             by which such cost shall be defrayed.
30              §   3. In addition to other actions or methods of enforcement,
31             individual or class actions may be filed in the courts of this state for
32             enforcement of the provisions of sections 1 and 2 of this article and
33             such actions shall have precedence over all other civil actions before
34             the court except those of like character. Successful plaintiffs shall
35             be allowed costs and reasonable attorney fees, but the state shall
36             not be allowed costs and attorney fees unless any such action filed
37             against it is found by the court to be frivolous.
38              §   4. Commencing during the regular session of the legislature
39             held in calendar year 2001, the legislature shall enact legislation
40             consistent with, and as may be necessary to implement and enforce,
41             the provisions of this article."
42             Sec.  2. The following statement shall be printed on the ballot with
43       the amendment as a whole:


  1              "Explanatory statement. This amendment would limit increases
  2             in total expenditures, as defined in the amendment, for a fiscal year
  3             to the lesser of 5% or the average annual percentage growth in the
  4             total personal income of Kansas residents over three recently com-
  5             pleted calendar years, except that such limitations may be exceeded
  6             upon a declaration of need for a state fiscal year issued by the gov-
  7             ernor with three-fifths of the legislature concurring therein and per-
  8             mitting individual or class action enforcement actions.
  9              "A vote for the proposition would impose a limit on increases in
10             total expenditures by the state, as defined therein.
11              "A vote against the proposition would continue the present con-
12             stitutional and statutory authority for the legislature to enact laws
13             making appropriations of moneys in the state treasury, governing
14             the disposition of tax revenues and other matters in the exercise of
15             the legislative power of this state."
16             Sec.  3. This resolution, if approved by two-thirds of the members
17       elected (or appointed) and qualified to the House of Representatives and
18       two-thirds of the members elected (or appointed) and qualified to the
19       Senate, shall be entered on the journals, together with the yeas and nays.
20       The secretary of state shall cause this resolution to be published as pro-
21       vided by law and shall cause the proposed amendment to be submitted
22       to the electors of the state at the general election in the year 2000 unless
23       a special election is called at a sooner date by concurrent resolution of
24       the legislature, in which case it shall be submitted to the electors of the
25       state at the special election.