Louisiana 2011 Regular Session

Louisiana House Bill HR27 Latest Draft

Bill / Enrolled Version

                            ENROLLED
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Regular Session, 2011
HOUSE RESOLUTION NO. 27
BY REPRESENTATIVES GEYMANN AND MORRI S
A RESOLUTION
To adopt House Rule 7.19 of the Rules of Order of the House of Representatives to provide
for certain motions and for certain vote requirements relative to an appropriation bill
when one-time money is appropriated for recurring expenses.
BE IT RESOLVED by the House of Representatives of the Legislature of Louisiana
that House Rule 7.19 of the Rules of Order of the House of Representatives is hereby
adopted to read as follows:
 Rule 7.19.  Appropriation bills; one-time money for recurring expenses; vote
requirement
A.(1) The provisions of this Subparagraph shall apply to each appropriation
bill which appropriates one-time money for ordinary recurring expenses except as
otherwise provided in Paragraph C.
(a) No motion the effect of which is to finally pass an appropriation bill that
appropriates one-time money for ordinary recurring expenses shall be in order unless
immediately prior to such a motion a separate motion to authorize the use of one-
time money for ordinary recurring expenses is adopted by a favorable vote of at least
two-thirds of the members present and voting.
(b) The provisions of Subsubparagraph (a) of this Paragraph shall not be
applicable to the General Appropriation Bill.  If the General Appropriation Bill
appropriates one-time money for ordinary recurring expenses, no motion to resolve
into the Committee of the Whole to hear the General Appropriation Bill shall be in
order, unless immediately prior to such a motion a separate motion to authorize the
use of one-time money for ordinary recurring expenses is adopted by a favorable
vote of at least two-thirds of the members present and voting. No motion to concur ENROLLEDHR NO. 27
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in an amendment to the General Appropriation Bill which appropriates one-time
money for ordinary recurring expenses shall be in order, unless immediately prior
to such a motion a separate motion to authorize the use of one-time money for
ordinary recurring expenses is adopted by a favorable vote of at least two-thirds of
the members present and voting. No motion to adopt a conference committee report
on the General Appropriation Bill which appropriates one-time money for ordinary
recurring expenses shall be in order, unless immediately prior to such a motion a
separate motion to authorize the use of one-time money for ordinary recurring
expenses is adopted by a favorable vote of at least two-thirds of the members present
and voting.
(2) The adoption of any Committee of the Whole House Amendment or any
floor amendment which proposes to appropriate one-time money for ordinary
recurring expenses shall require the favorable vote of at least two-thirds of the
members present and voting.
B. For purposes of this Rule, the following phrases shall have the following
meanings:
(1) "Money available for appropriation" means the amount of money to be
received for a fiscal year by the state general fund and dedicated funds, exclusive of
federal funds.  
(2)  "One-time money" means any one of the following:
(a) Money available for appropriation from any special treasury fund
excluding any monies forecast to be dedicated into such a fund by the Revenue
Estimating Conference in the official forecast for that fiscal year.
(b) Money available for appropriation from the state general fund from one
time transactions, but not recognized as nonrecurring revenue by the Revenue
Estimating Conference, including but not limited to court settlements, the sale of
state facilities, and the privatization of state operations.
(3) "Ordinary recurring expenses" means all expenses of a continuing or
recurring character, that in the normal course of administration, would be expected
to be necessary in approximately the same amounts each year. ENROLLEDHR NO. 27
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C. A motion the effect of which is to finally pass an appropriation bill that
appropriates one-time money for ordinary recurring expenses shall be in order
without a separate prior motion authorizing the use of such money if:
(1) The total recommended general operating appropriations contained in the
executive budget for the fiscal year for which the appropriation is recommended are
less than or equal to the total general operating appropriations for the existing
operating budget of the current fiscal year included in the executive budget; and 
(2) Appropriations from one-time money for ordinary recurring expenses do
not exceed the projected growth of the state general fund from the fiscal year for
which the appropriation is proposed and the subsequent fiscal year according to the
most recent official forecast.
D.(1)  Prior to consideration on third reading and final passage of any
appropriation bill, the Legislative Fiscal Officer shall submit a report to the House
of Representatives which shall indicate whether the appropriation bill appropriates
one-time money for ordinary recurring expenses. No appropriation bill shall be
considered unless the report of the Legislative Fiscal Officer has been placed on the
desk of each member.
(2)(a) Prior to the adoption of any Committee of the Whole House
Amendment, any floor amendment, and any conference committee report  to an
appropriation bill, the presiding officer, after giving due consideration to the advice
of legislative staff, shall make a determination if the amendment or any amendment
recommended by the conference committee, as the case may be, appropriates one-
time money for ordinary recurring expenses.
(b)  Prior to concurrence in an amendment to an appropriation bill, the
presiding officer, after giving due consideration to the advice of legislative staff,
shall make a determination if the amendment appropriates one-time money for
ordinary recurring expenses.
SPEAKER OF THE HOUSE OF REPRESENTATI VES