HLS 11RS-2103 ORIGINAL
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Regular Session, 2011
HOUSE RESOLUTION NO. 43
BY REPRESENTATIVE PONTI
HOUSE/RULES: Repeals House Rule 7.19 adopted by the house on May 23, 2011, relative
to certain required motions and votes related to appropriation of one-time money
A RESOLUTION1
To repeal House Rule 7.19 of the Rules of Order of the House of Representatives that2
provides for certain motions and vote requirements relative to an appropriation bill3
that appropriates one-time money for ordinary recurring expenses.4
BE IT RESOLVED by the House of Representatives of the Legislature of Louisiana5
that House Rule 7.19 of the Rules of Order of the House of Representatives is hereby6
repealed in its entirety.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ponti HR No. 43
Abstract: Repeals House Rule that provides for certain motions and vote requirements
relative to appropriation of one-time money for ordinary recurring expenses.
Present House Rule (House Rule 7.19 adopted May 23, 2011) provides relative to certain
motions and vote requirements to appropriate one-time money for ordinary recurring
expenses as follows:
(1)Provides that no motion, the effect of which is to finally pass an appropriation bill
(except 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 such is adopted by a favorable vote of at least
2/3rds of the members present and voting.
(2)Relative to a General Appropriation Bill that appropriates one-time money for
ordinary recurring expenses, provides that 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 HLS 11RS-2103 ORIGINAL
HR NO. 43
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at least 2/3rds of the members present and voting. Further provides that no motion
to concur in a General Appropriation Bill amendment or to adopt a conference
committee report on a 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 2/3rds of the
members present and voting.
(3)Requires the favorable vote of at least 2/3rd of the members present and voting to
adopt a Committee of the Whole House amendment or a floor amendment which
appropriates one-time money for ordinary recurring expenses.
(4)Provides that 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 subject to both of
the following conditions:
(a)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.
(b)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.
(5)Requires that, prior to consideration of any appropriation bill on third reading and
final passage, the Legislative Fiscal Officer submit a report to the House as to
whether the appropriation bill appropriates one-time money for ordinary recurring
expenses. Prohibits consideration of an appropriation bill if such report has not been
placed on each member's desk. Further requires that, prior to adoption of any
Committee of the Whole House Amendment, any floor amendment, and any
conference committee report to an appropriation bill, and 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 or any amendment recommended by the conference committee, as the
case may be, appropriates one-time money for ordinary recurring expenses.
(6)Provides definitions including:
(a)"Money available for appropriation" – the amount of money to be received
for a fiscal year by the state general fund and dedicated funds, exclusive of
federal funds.
(b)"One-time money" – money available for appropriation from any special
treasury fund excluding any monies forecast to be dedicated into that fund by
the Revenue Estimating Conference in the official forecast for that fiscal year
or 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.
(c)"Ordinary recurring expenses" – all expenses of a continuing or recurring
character that in the normal course of administration may be expected to be
necessary in approximately the same amounts each year.
(Repeals House Rule 7.19)