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Regular Session, 2012
HOUSE BILL NO. 552
BY REPRESENTATIVE GEYMANN
BUDGETARY PROCEDURES: Requires precertification of the executive budget by the
Revenue Estimating Conference
AN ACT1
To amend and reenact R.S. 39:36(A)(1) and to enact R.S. 39:24.1 and 26(D), relative to the2
executive budget, to require precertification of the executive budget by the Revenue3
Estimating Conference; to provide for contents of the executive budget; to provide4
for effectiveness; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 39:36(A)(1) is hereby amended and reenacted and R.S. 39:24.1 and7
26(D) are hereby enacted to read as follows: 8
§24.1 Precertification9
A.(1) The Revenue Estimating Conference shall review the executive budget10
for the next fiscal year prior to its submission to the legislature as required by Article11
VII, Section 10(B)(2) of the Constitution of Louisiana. The Revenue Estimating12
Conference shall determine if the executive budget is balanced, does not exceed the13
official forecast, does not exceed the expenditure limit, does not contain the14
appropriation of any money designated as nonrecurring for purposes other than those15
specifically authorized by Article VII, Section 10(D)(2) of the Constitution of16
Louisiana, and contains no contingent appropriations. The determination shall be17
transmitted by letter to the governor for inclusion in the executive budget submitted18
to the Joint Legislative Committee on the Budget in accordance with R.S. 39:37.19 HLS 12RS-884 ORIGINAL
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(2) The Revenue Estimating Conference shall meet as needed to certify an1
appropriation bill as required by Article III, Section 16(B)(2) of the Constitution of2
Louisiana.3
B. The Revenue Estimating Conference may utilize whatever staff,4
information, and technical expertise which it may determine is required to make the5
determination required under Paragraph A(1) of this Section.6
C. (1) Except as provided in Paragraph (2) of this Subsection, any conference7
determination pursuant to this Section shall be by unanimous vote of its members.8
(2) If the conference is unable to make a unanimous determination, the9
determination may be made by a three-fourths vote of the conference principals if10
such determination is affirmed by at least two-thirds of the elected member of each11
house of the legislature. Such affirmation shall be by concurrent resolution or by12
mail ballot if the legislature is not in session.13
* * *14
§26. Sessions15
* * *16
D. The Revenue Estimating Conference shall meet at least two weeks prior17
to the submission of the executive budget to the Joint Legislative Committee on the18
Budget as required by R.S. 39:37 to determine if the governor's budget estimate can19
be precertified.20
* * *21
§36. Contents and format of executive budget; supporting document22
A. The executive budget shall present a complete financial and23
programmatic plan for the ensuing year, and it shall be configured in a format so as24
to clearly present and highlight the functions and operations of state government and25
the financial requirements associated with those functions and operations. The26
executive budget shall be a performance-based budget. It shall include at a minimum27
the following:28 HLS 12RS-884 ORIGINAL
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(1)(a) A budget message signed by the governor giving a summary1
description of his proposed financial plan and major programmatic and budgetary2
policies for the ensuing fiscal year and including a statement of the impact that his3
proposed recommendation has on the existing operating budget.4
(b) A letter from the Revenue Estimating Conference certifying that the5
executive budget is balanced, does not exceed the official forecast of the conference,6
does not exceed the expenditure limit, does not contain the appropriation of any7
nonrecurring money for purposes other than those permitted under Article VII,8
Section 10(D)(2) of the Constitution of Louisiana, and contains no contingent9
appropriations.10
* * *11
Section 2. This Act shall take effect and become operative if and when the proposed12
amendment of Article VII, Sections 10 and 11 of the Constitution of Louisiana contained in13
the Act which originated as House Bill No. ____ of this 2012 Regular Session of the14
Legislature is adopted at a statewide election and becomes effective.15
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. 552
Abstract: Requires the Revenue Estimating Conference to certify 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 enumerated in the constitution, and contains
no contingent appropriations.
Present law requires the governor to submit an executive budget to the legislature at each
regular session presenting the governor's recommended complete financial plan for the year.
Requires the executive budget be submitted to the Joint Legislative Committee on the
Budget no later than 30 days prior to the regular session of the legislature in the first year
of a term and 45 days prior otherwise (R.S. 39:37(A)). 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 law retains present law and adds that the executive budget shall be reviewed by
the REC two weeks prior to its submission to the Joint Legislative Committee on the Budget.
The REC is charged under the proposed law with reviewing and precertifying 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 HLS 12RS-884 ORIGINAL
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for purposes other than those specifically enumerated in the constitution, and contains no
contingent appropriations. Proposed law requires that the REC's precertification be included
in the governor's subsequent submission of his executive budget to the legislature.
Effective if and when the proposed amendment of Article VII, Sections 10 and 11 of the
Constitution of La. contained in the Act which originated as House Bill No. __ of this 2012
R.S. of the Legislature is adopted at a statewide election and becomes effective.
(Amends R.S. 39:36(A)(1); Adds R.S. 39:24.1 and 26(D))