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Regular Session, 2012
HOUSE BILL NO. 553
BY REPRESENTATIVE GEYMANN
BUDGETARY CONTROL S: (Constitutional Amendment) Provides for the development
and enactment of appropriation bills
A JOINT RESOLUTION1
Proposing to amend Article III Section 16(C) and (D) and Article VII, Sections 10(B) and2
11(A) and (B) of the Constitution of Louisiana, to limit the items contained in the3
general appropriation bill; to prohibit inclusion of appropriations to political4
subdivisions and public charities under certain circumstances; to provide for5
determinations by the Revenue Estimating Conference of the funding level of higher6
education and health care; to require enactment of the general appropriation bill prior7
to enactment of other appropriation bills; to provide for submission of the proposed8
amendment to the electors; and to provide for related matters.9
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members10
elected to each house concurring, that there shall be submitted to the electors of the state of11
Louisiana, for their approval or rejection in the manner provided by law, a proposal to12
amend Article III, Section 16(C) and (D) of the Constitution of Louisiana, to read as follows:13
§16. Appropriations 14
Section 16.15
* * *16
(C) General Appropriation Bill; Limitations; Priorities. The general17
appropriation bill shall be itemized and shall contain only appropriations for the18
ordinary operating expenses of the executive branch of state government, public19 HLS 12RS-265 ORIGINAL
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charities, pensions, and the public debt or interest thereon. Appropriations to1
political subdivisions and to public charities, except those authorized by this2
constitution or by statute, shall not be included in the general appropriation bill3
unless such bill includes appropriations from the state general fund for both higher4
education and for health care for the next fiscal year in amounts equal to or greater5
than the amounts appropriated for higher education and for health care in the most6
recently enacted general appropriation bill.7
(D) Other Appropriation Bills; Specific Purpose and Amount. 8
(1) In making appropriations for any fiscal year, the legislature shall first9
finally pass the general appropriation bill. 10
(2) All other bills for appropriating money shall be for a specific purpose and11
amount.12
* * *13
Section 2. Be it resolved by the Legislature of Louisiana, two-thirds of the members14
elected to each house concurring, that there shall be submitted to the electors of the state of15
Louisiana, for their approval or rejection in the manner provided by law, a proposal to16
amend Article VII, Sections 10(B) and 11(A) and (B) of the Constitution of Louisiana, to17
read as follows:18
§10. Expenditure of State Funds19
Section 10.20
* * *21
(B)(1) Official Forecast. The conference shall prepare and publish initial22
and revised estimates of money to be received by the state general fund and23
dedicated funds for the current and next fiscal years which are available for24
appropriation. In each estimate, the conference shall designate the money in the25
estimate which is recurring and which is nonrecurring. All conference decisions to26
adopt these estimates shall be by unanimous vote of its members. Changes to the27
unanimous vote requirement shall be made by law enacted by a favorable vote of at28 HLS 12RS-265 ORIGINAL
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least two-thirds of the elected members of each house. The most recently adopted1
estimate of money available for appropriation shall be the official forecast.2
(2) Determination of priorities. The conference shall review the governor's3
budget estimate for the next fiscal year prior to its submission to the legislature to4
determine if the budget estimate includes recommendations for appropriations from5
the state general fund for both higher education and for health care for the next fiscal6
year to be included in the general appropriation bill in amounts equal to or greater7
than the amounts appropriated for higher education and for health care in the most8
recently enacted general appropriation bill. This determination shall be by9
unanimous vote of its members. The legislature by law shall establish a procedure10
to change the unanimous vote requirement for this determination. Any law11
establishing such procedure, once enacted, shall not be changed except by specific12
legislative instrument which receives a favorable vote of at least two-thirds of the13
elected members of each house of the legislature.14
* * *15
§11. Budgets 16
Section 11.(A) Budget Estimate. The governor shall submit to the17
legislature, at the time and in the form fixed by law, a budget estimate for the next18
fiscal year setting forth all proposed state expenditures. This budget shall include19
a recommendation for appropriations from the state general fund and from dedicated20
funds, except funds allocated by Article VII, Section 4, Paragraphs (D) and (E),21
which shall not exceed the official forecast of the Revenue Estimating Conference22
and the expenditure limit for the fiscal year. The recommendation shall also comply23
with the provisions of Article VII, Section 10(D). This budget shall include a24
recommendation for funding of state salary supplements for full-time law25
enforcement and fire protection officers of the state, as provided in Article VII,26
Section 10(D)(3) of this constitution. This budget shall include a statement of the27
determination adopted by the Revenue Estimating Conference as required by Article28
VII, Section 10(B)(2).29 HLS 12RS-265 ORIGINAL
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(B) Operating Budget. The governor shall cause to be submitted a general1
appropriation bill for proposed ordinary operating expenditures which shall be in2
conformity with the recommendations for appropriations contained in the budget3
estimate. The governor may cause to be submitted a bill or bills for appropriations4
to political subdivisions and to public charities, which shall be in conformity with5
the recommendations for appropriations contained in the budget estimate, when such6
appropriations are prohibited by Article III, Section 16(C) from being contained in7
the general appropriation bill. The governor may cause to be submitted a bill or bills8
to raise additional revenues with proposals for the use of these revenues.9
* * *10
Section 3. Be it further resolved that this proposed amendment shall be submitted11
to the electors of the state of Louisiana at the statewide election to be held on November 6,12
2012.13
Section 4. Be it further resolved that on the official ballot to be used at the election,14
there shall be printed a proposition, upon which the electors of the state shall be permitted15
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as16
follows:17
Do you support an amendment to change the manner in which state revenue18
is budgeted and appropriated in those years when the budget proposes a19
decrease in appropriations to higher education and health care, to preclude20
the general appropriations bill from including any appropriation to a political21
subdivision or any public charity, except if authorized by law, but rather22
requiring that any such appropriation be included in a separate bill which,23
along with all other appropriation bills, cannot be passed by the legislature24
prior to passage of the general appropriation bill? (Amends Article III,25
Section 16(C) and (D) and Article VII, Sections 10(B) and 11(A) and (B))26 HLS 12RS-265 ORIGINAL
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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. 553
Abstract: Limits the general appropriation bill if state general funding for both higher
education and health care are below the prior year's level and requires the general
appropriation bill to be enacted prior to any other appropriation bill for the same
fiscal year.
Proposed constitutional amendment requires the Revenue Estimating Conference (REC) to
review and determine if the governor's budget estimate contains a recommendation for
appropriations to both higher education and health care that is equal to or greater than the
amounts appropriated in the prior fiscal year. Also requires that the governor's budget
estimate include a statement of the REC determination. If the general fund appropriations
in the general appropriation bill for both higher education and health care are less than in the
most recently enacted general appropriation bill, then the proposed constitutional
amendment limits the general appropriation bill (GAB) to only appropriations for the
ordinary operating expenses of the executive branch and requires that any appropriation to
political subdivisions or public charities, except those authorized by the present constitution,
be made in a separate appropriation bill.
Proposed constitutional amendment additionally requires that the legislature must first pass
the GAB before passing any other bill appropriating money for any given fiscal year.
With respect to the determination of funding levels by the REC, the proposed constitutional
amendment require that the REC's actions be by unanimous vote. The 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.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 6, 2012.
(Amends Const. Art. III, §16(C) and (D) and Art. VII, §§10(B) and 11(A) and (B))