House Concurrent Resolution 37

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890, BY CREATING A NEW SECTION 69A TO REQUIRE THE LEGISLATURE TO ENACT A BALANCED BUDGET OF THE ENTIRE EXPENDITURES AND REVENUES OF THE STATE FOR EACH FISCAL YEAR AND LIMIT THE AMOUNT OF DEBT OBLIGATION THAT CAN BE AUTHORIZED EACH YEAR; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend Article 4, Mississippi Constitution of 1890, by adding a new Section 69A, to read as follows:

"Section 69A. (1) The Legislature shall enact a balanced budget of the entire expenditures and revenues of the state for each fiscal year that meets the requirements of this section.

(2) The total sum of all appropriations by the Legislature for any fiscal year shall not exceed the estimate of the total amount of all estimated revenues that will be available for expenditure during that fiscal year.

(3) The total sum of all appropriations by the Legislature from the State General Fund for any fiscal year shall not exceed the estimate of the total amount of state general funds that will be available for expenditure for that fiscal year.

(4) In no year shall the rate of growth of appropriations from state tax revenues exceed the estimated rate of growth of the state's economy as determined by law. No appropriation in excess of this limitation shall be made unless the Legislature shall, by law containing no other subject matter, set forth the dollar amount and the rate by which the limit will be exceeded.

(5) No debt obligation, except as much as or less than shall be repaid within the fiscal year of issuance, shall be authorized for the current operation of any state service or program, nor shall the proceeds of any debt obligation be expended for a purpose other than that for which it was authorized.

(6) The provisions of this section shall not apply when the Legislature, by a vote of two-thirds (2/3) of the elected members of each house, adopts a joint resolution finding that it is necessary to waive the provisions of this section in order to respond to a:

(a) State of war emergency, in which the State of Mississippi or the United States of America is attacked by an enemy or other hostile force in any manner, including, but not limited to, military aggression, sabotage, terrorism or technological attack against the cybersecurity or financial infrastructure of the United States, or upon receipt by the state of a warning indicating that such an attack or threat is probable or imminent, or in which there exists, or there is a threat of, civil unrest or an insurrection challenging the authority of the government of the state or nation.

(b) State of natural disaster emergency, in which conditions of disaster or peril to the safety of persons or property exist within the state, having been caused by air or water pollution, fire, flood, storm, earthquake, hurricane, infectious disease or other epidemic, pestilence, resource shortages, or other natural or man-made conditions that, by reasons of their magnitude, require that the provisions of this section be waived.

(c) State of national economic emergency, in which conditions exist within or affecting the economy of the United States of America that, by reasons of their magnitude, require that the provisions of this section be waived.

(7) The Legislature, by general law, shall enact legislation to implement the provisions of this section."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2019, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment requires the Legislature to enact a balanced budget of the entire expenditures and revenues of the state for each fiscal year. Further, the amendment limits the amount of debt obligation that can be authorized each year."