As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 396


Representative Blair 

Cosponsors: Representatives Adams, J., Baker, Boose, Burke, Combs, Derickson, Grossman, Hackett, Huffman, Martin, Morgan, Ruhl, Snitchler, Stebelton, Wagner, Wachtmann, Zehringer 



A BILL
To amend sections 107.032 and 131.55 and to repeal 1
sections 107.033, 107.034, 107.035, 131.56, 2
131.57, 131.58, 131.59, and 131.60 of the 3
Revised Code to prohibit the Governor from 4
proposing and the General Assembly from enacting a 5
state budget with aggregate general revenue fund 6
appropriations that exceed ninety-seven per cent 7
of the total money received in aggregate revenue 8
for the two most recent fiscal years, to prohibit 9
the proposal and enactment of a state budget 10
containing transfers from the Budget Stabilization 11
Fund in excess of twenty-five per cent of the 12
amount of the Fund, and to eliminate the state 13
appropriation limitation.14


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 107.032 and 131.55 of the Revised 15
Code be amended to read as follows:16

       Sec. 107.032. (A) As used in sections 107.033 to 107.035 of 17
the Revised Codethis section:18

       (A)(1) "Aggregate general revenue fund appropriations" means 19
all general revenue fund appropriations made by the general 20
assembly except for the following:21

       (1)(a) Appropriations of money received from the federal 22
government;23

       (2)(b) Appropriations made for tax relief or refunds of taxes 24
and other overpayments;25

       (3)(c) Appropriations of money received as gifts.26

       (2) "Aggregate revenue" means money received in the general 27
revenue fund less amounts of money received from the federal 28
government and money received as gifts.29

       (B) "Rate of inflation" means the percentage increase or 30
decrease in the consumer price index over a one-year period, based 31
on the most recent consumer price index for all urban consumers, 32
midwest region, all items, as determined by the bureau of labor 33
statistics of the United States department of labor or, if that 34
index is no longer published, a generally available comparable 35
index.36

       (C) "Rate of population change" means the percentage increase 37
or decrease in the population of this state over a one-year 38
period, based on the most recent population data available for the 39
state published by the bureau of the census of the United States 40
department of commerce, or its successor in responsibility, in the 41
population estimates program, or its successive equivalent.42

       (D) "Recast fiscal year" means fiscal years 2012, 2016, 2020, 43
and each fourth fiscal year thereafter.When the governor submits 44
a state budget to the general assembly under section 107.03 of the 45
Revised Code, the budget shall comply with the following 46
requirements:47

       (1) The aggregate general revenue fund appropriations 48
proposed shall not exceed ninety-seven per cent of the aggregate 49
revenue actually received for the two most recent fiscal years 50
for which such data is available;51

       (2) The total amount of any transfers from the budget 52
stabilization fund created in section 131.43 of the Revised Code 53
shall not exceed twenty-five per cent of the amount of money held 54
in the fund at the time the budget is submitted.55

       Sec. 131.55. (A) As used in sections 131.55 to 131.58 of the 56
Revised Codethis section, "aggregate general revenue fund 57
appropriations" hasand "aggregate revenue" have the same meaning58
meanings as under section 107.032 of the Revised Code.59

       (B) The general assembly shall not enact a state budget 60
containing the following:61

       (1) Aggregate general revenue fund appropriations in excess 62
of ninety-seven per cent of the aggregate general revenue 63
received for the two most recent fiscal years for which such data 64
is available;65

       (2) Transfers from the budget stabilization fund created in 66
section 131.43 of the Revised Code in excess of twenty-five per 67
cent of the amount of money held in the fund at the time the 68
budget is submitted.69

       Section 2. That existing sections 107.032 and 131.55 and 70
sections 107.033, 107.034, 107.035, 131.56, 131.57, 131.58, 71
131.59, and 131.60 of the Revised Code are hereby repealed.72