HLS 12RS-154 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 548
BY REPRESENTATIVE GEYMANN
BUDGETARY CONTROLS: (Constitutional Amendment) Prohibits appropriations of
dedicated funds in excess of the official forecast and defines nonrecurring money
A JOINT RESOLUTION1
Proposing to amend Article VII, Section 10(B) and (E) and to add Article VII, Section 102
(D)(4) of the Constitution of Louisiana, relative to the expenditure of state funds; to3
provide for the recognition of dedications in the official forecast; to prohibit4
appropriations from dedicated funds in excess of the official forecast; to provide with5
respect to nonrecurring money; to provide for submission of the proposed6
amendment to the electors; and to provide for related matters.7
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members8
elected to each house concurring, that there shall be submitted to the electors of the state of9
Louisiana, for their approval or rejection in the manner provided by law, a proposal to10
amend Article VII, Section 10(B) and (E) and to add Article VII, Section 10(D)(4) of the11
Constitution of Louisiana, to read as follows:12
§10. Expenditure of State Funds13
Section 10.14
* * *15
(B) Official Forecast. The conference shall prepare and publish initial and16
revised estimates of money to be received by the state general fund and each17
dedicated funds fund for the current and next fiscal years which are available for18
appropriation. In each estimate, the conference shall designate as either recurring19
or nonrecurring all of the money in the estimate, including money to be received by20 HLS 12RS-154 ORIGINAL
HB NO. 548
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each fund. which is recurring and which is nonrecurring. All conference decisions1
to adopt these estimates shall be by unanimous vote of its members. Changes to the2
unanimous vote requirement shall be made by law enacted by a favorable vote of at3
least two-thirds of the elected members of each house. The most recently adopted4
estimate of money available for appropriation shall be the official forecast. The5
Revenue Estimating Conference may designate other money as nonrecurring, but6
shall designate the following as nonrecurring:7
(a) Money available for appropriation from any special treasury fund when8
such money was received by the state general fund or a dedicated fund in a previous9
fiscal year.10
(b) Money available for appropriation from the state general fund from one11
time transactions, including but not limited to court settlements, the sale of state12
facilities, and the privatization of state operations.13
* * *14
(D) Appropriations.15
* * *16
(4) Except as otherwise provided in this constitution, including Paragraph17
(F) of this Section, the amount appropriated out of any fund shall not exceed the18
official forecast by the Revenue Estimating Conference of money available for19
appropriation from that fund for that fiscal year.20
* * *21
(E) Balanced Budget. Appropriations by the legislature from the state22
general fund and dedicated funds for any fiscal year except funds allocated by23
Article VII, Section 4, Paragraphs (D) and (E) shall not exceed the official forecast24
in effect for each fund at the time the appropriations are made.25
* * *26
Section 2. Be it further resolved that this proposed amendment shall be submitted27
to the electors of the state of Louisiana at the statewide election to be held on November 6,28
2012.29 HLS 12RS-154 ORIGINAL
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Section 3. Be it further resolved that on the official ballot to be used at the election,1
there shall be printed a proposition, upon which the electors of the state shall be permitted2
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as3
follows:4
Do you support an amendment to prohibit appropriations from any dedicated5
fund in excess of the amount the Revenue Estimating Conference estimates6
will be available for appropriation from that fund; and to require that the7
Revenue Estimating Conference review each dedicated fund in addition to8
the state general fund to determine if its available money is recurring or9
nonrecurring; and to provide a definition of nonrecurring revenue that10
includes fund money remaining from previous years and money from one11
time transactions such as court settlements, the sale of state facilities, or the12
privatization of state operations? (Amends Article VII, Section 10(B) and13
(E); Adds Article VII, Section 10(D)(4))14
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)]
Geymann HB No. 548
Abstract: Prohibits appropriations from dedicated funds in excess of the amounts the
Revenue Estimating Conference (REC) has recognized as being available for
appropriation by the fund.
Present constitution sets forth requirements relative to the expenditure of state funds and
establishes the REC to prepare and publish initial and revised estimates of money to be
received by the state general fund and dedicated funds for the current and next fiscal years
which are available for appropriation, the most recent of which is called the official forecast.
In each estimate, the REC must also designate money as either recurring or non recurring.
Proposed constitutional amendment retains this present constitutional provision and specifies
that the REC must designate as recurring or nonrecurring all of the money in the estimate
including money to be received by each fund and specifically provides that the REC must
designate as nonrecurring money available for appropriation from any special treasury fund
that was received by the state general fund or a dedicated fund in the previous fiscal year and
money from one time transactions such as court settlements, the sale of state facilities, and
the privatization of state operations. (Art. VII, §10(B)(1)).
Proposed constitutional amendment also specifies that unless otherwise provided in the
constitution, the amount appropriated out of any fund shall not exceed the official forecast
of money available for appropriation from that fund. (Art. VII, §10(D)(4) and (E)). HLS 12RS-154 ORIGINAL
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Provides for submission of the proposed amendment to the voters at the statewide
election to be held Nov. 6, 2012.
(Amends Const. Art. VII, §10(B) and (E); Adds Const. Art. VII, §10(D)(4))