HLS 12RS-882 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 551
BY REPRESENTATIVE GEYMANN
BUDGETARY PROCEDURES: (Constitutional Amendment) Requires precertification of
the executive budget by the Revenue Estimating Conference
A JOINT RESOLUTION1
Proposing to amend Article VII, Sections 10(B) and 11(A) of the Constitution of Louisiana,2
relative to the budget process; to provide for certification of the governor's budget3
estimate by the Revenue Estimating Conference; to provide for submission of the4
proposed amendment to the electors; and to provide for related matters.5
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members6
elected to each house concurring, that there shall be submitted to the electors of the state of7
Louisiana, for their approval or rejection in the manner provided by law, a proposal to8
amend Article VII, Sections 10(B) and 11(A) of the Constitution of Louisiana, to read as9
follows:10
§10. Expenditure of State Funds11
Section 10.(A)12
* * *13
(B)(1) Official Forecast. The conference shall prepare and publish initial14
and revised estimates of money to be received by the state general fund and each15
dedicated funds for the current and next fiscal years which are available for16
appropriation. In each estimate, the conference shall designate the money in the17
estimate which is recurring and which is nonrecurring. All conference decisions to18
adopt these estimates shall be by unanimous vote of its members. Changes to the19
unanimous vote requirement shall be made by law enacted by a favorable vote of20
two-thirds of the elected members of each house. The most recently adopted21
estimate of money available for appropriation shall be the official forecast.22 HLS 12RS-882 ORIGINAL
HB NO. 551
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(2) Budget Precertification. The conference shall review the governor's1
budget estimate for the next fiscal year prior to its submission to the legislature to2
ensure that the proposed budget is balanced, does not exceed the official forecast of3
the conference, does not exceed the expenditure limit, does not recommend the4
appropriation of any nonrecurring money for purposes other than those specifically5
authorized in Subparagraph (D)(2) of this Section, and recommends no contingent6
appropriations. The conference decision to precertify the budget estimate shall be7
by unanimous vote of its members. The legislature by law shall establish a8
procedure to change the unanimous vote requirement for precertification. Any law9
establishing such procedure, once enacted, shall not be changed except by specific10
legislative instrument which receives a favorable vote of at least two-thirds of the11
elected members of each house of the legislature.12
* * *13
§11. Budgets 14
Section 11.(A) Budget Estimate. The governor shall submit to the15
legislature, at the time and in the form fixed by law, a budget estimate for the next16
fiscal year setting forth all proposed state expenditures. This budget shall include17
a recommendation for appropriations from the state general fund and from dedicated18
funds, except funds allocated by Article VII, Section 4, Paragraphs (D) and (E),19
which shall not exceed the official forecast of the Revenue Estimating Conference20
and the expenditure limit for the fiscal year. The recommendation shall also comply21
with the provisions of Article VII, Section 10(D). This budget shall include a22
recommendation for funding of state salary supplements for full-time law23
enforcement and fire protection officers of the state, as provided in Article VII,24
Section 10(D)(3) of this constitution. This budget shall include a letter of25
precertification by the Revenue Estimating Conference as required in Article VII,26
Section 10(B)(2).27
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HB NO. 551
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Section 2. Be it further resolved that this proposed amendment shall be submitted1
to the electors of the state of Louisiana at the statewide election to be held on November 6,2
2012.3
Section 3. Be it further resolved that on the official ballot to be used at the election,4
there shall be printed a proposition, upon which the electors of the state shall be permitted5
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as6
follows:7
Do you support an amendment to change the manner in which state revenue8
is budgeted and appropriated by requiring that the Revenue Estimating9
Conference certify that the governor's budget does not contain any10
nonrecurring money except as specifically provided by law, does not contain11
any contingent appropriation, does not exceed the expenditure limit, and does12
not exceed the official forecast for the next fiscal year? (Amends Article VII,13
Sections 10(B) and 11(A))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. 551
Abstract: Requires budget precertification by the Revenue Estimating Conference (REC)
and with respect to the vote requirement for such determinations.
Present constitution requires the governor to submit to the legislature a budget estimate for
the next fiscal year setting forth all proposed state expenditures. The budget must include
a recommendation for appropriations from the state general fund and from dedicated funds
which do not exceed the official forecast of the Revenue Estimating Conference (REC).
Proposed constitutional amendment retains present constitutional provision and adds that the
governor's budget estimate must first be submitted to the REC which shall review and
precertify that the governor's budget estimate is balanced, does not exceed the official
forecast of the conference, does not exceed the expenditure limit, does not contain any
nonrecurring money for purposes other than those specifically authorized by present
constitution, and does not recommend any contingent appropriation. Proposed constitutional
amendment requires that the REC's precertification be included in the governor's subsequent
submission of his budget estimate to the legislature.
With respect to budget precertification by the REC, proposed constitutional amendment
requires that the REC's action be by unanimous vote. Proposed constitutional amendment
further provides that the legislature may establish a procedure to change the REC's vote
requirement, but once established, the procedure cannot be changed except by 2/3 vote of
the legislature. HLS 12RS-882 ORIGINAL
HB NO. 551
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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 11(A))