HLS 12RS-266 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 554
BY REPRESENTATIVE GEYMANN
BUDGETARY CONTROLS: Restricts items which may be considered in the General
Appropriation Bill
AN ACT1
To amend and reenact R.S. 39:36(A)(1) and 51(A) and to enact R.S. 39:24.1, 26(D), and2
54(D), relative to budgetary controls and priorities; to provide for determinations by3
the Revenue Estimating Conference of the funding level of higher education and4
health care; to provide for the contents of the General Appropriation Bill and other5
bills; to provide relative to legislative appropriation procedures; to provide for6
effectiveness; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 39:36(A)(1) and 51(A) are hereby amended and reenacted and R.S.9
39:24.1, 26(D), and 54(D) are hereby enacted to read as follows: 10
§24.1 Certification of Appropriation Priorities11
A. Prior to its submission to the legislature, the Revenue Estimating12
Conference shall review the executive budget as required by Article VII, Section13
10(B)(2) of the Constitution of Louisiana. The Revenue Estimating Conference shall14
determine if the budget estimate includes appropriations from the state general fund15
for both higher education and for health care for the next fiscal year to be included16
in the general appropriation bill in amounts equal to or greater than the amounts17
appropriated for higher education and for health care in the most recently enacted18
General Appropriation Act. The conference decision shall be transmitted by letter19
to the governor for inclusion in the executive budget submitted to the Joint20
Legislative Committee on the Budget in accordance with R.S. 39:37.21 HLS 12RS-266 ORIGINAL
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B. The Revenue Estimating Conference may utilize whatever staff,1
information, and technical expertise which it may determine is required to make such2
determination.3
C.(1) Except as provided in Paragraph (2) of this Subsection, the conference4
determination shall be by unanimous vote of its members.5
(2) If the conference is unable to make a unanimous determination, the6
determination may be made by a three-fourths vote of the conference principals if7
such determination is affirmed by at least two-thirds of the elected member of each8
house of the legislature. Such affirmation shall be by concurrent resolution or by9
mail ballot if the legislature is not in session.10
* * *11
§26. Sessions12
* * *13
D. The Revenue Estimating Conference shall meet at least two weeks prior14
to the submission of the executive budget to the Joint Legislative Committee on the15
Budget as required by R.S. 39:37 to make the determination required pursuant to16
R.S. 39:24.1.17
* * *18
§36. Contents and format of executive budget; supporting document19
A. The executive budget shall present a complete financial and20
programmatic plan for the ensuing year, and it shall be configured in a format so as21
to clearly present and highlight the functions and operations of state government and22
the financial requirements associated with those functions and operations. The23
executive budget shall be a performance-based budget. It shall include at a minimum24
the following:25
(1)(a) A budget message signed by the governor giving a summary26
description of his proposed financial plan and major programmatic and budgetary27
policies for the ensuing fiscal year and including a statement of the impact that his28
proposed recommendation has on the existing operating budget.29 HLS 12RS-266 ORIGINAL
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(b) A letter from the Revenue Estimating Conference determining whether1
appropriations contained in the executive budget include appropriations from the2
state general fund for both higher education and for health care for the next fiscal3
year to be included in the general appropriation bill in amounts equal to or greater4
than the amounts appropriated for higher education and for health care in the most5
recently enacted General Appropriation Act.6
* * *7
§51. General Appropriation Bill; other appropriation bills8
A.(1) The governor shall cause a General Appropriation Bill for the ordinary9
operating expenses of the executive branch of state government to be introduced10
which shall be in conformity with the recommendations for appropriations contained11
in the budget estimate as provided by Article VII, Section 11(B) of the Constitution12
of Louisiana. The General Appropriation Bill and the bill appropriating funds for13
ancillary expenses of state government shall each be submitted for introduction at14
the same time required for submission of the executive budget as required by R.S.15
39:37.16
(2) The General Appropriation Bill shall not include appropriations to17
political subdivisions or to public charities, except those authorized by the18
constitution and by statute, unless the General Appropriation Bill includes19
appropriations out of the state general fund for both health care and higher education20
in amounts equal to or greater than the amounts appropriated in the current fiscal21
year, as determined by the Revenue Estimating Conference in accordance with R.S.22
39:24.1. The governor may cause one or more bills supplementing the General23
Appropriation Bill to be introduced which shall be in conformity with the24
recommendations for appropriations contained in the budget estimate as provided by25
Article VII, Section 11(B) of the Constitution of Louisiana appropriating to political26
subdivisions and public charities at the same time required for submission of the27
executive budget as required by R.S. 39:37.28
* * *29 HLS 12RS-266 ORIGINAL
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§54. Limitations on appropriations1
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D. In making appropriations for any fiscal year, the legislature shall first3
finally pass the general appropriation bill.4
Section 2. This Act shall take effect and become operative if and when the proposed5
amendment of Articles III and VII of the Constitution of Louisiana contained in the Act6
which originated as House Bill No. of this 2012 Regular Session of the Legislature is7
adopted at a statewide election and becomes effective.8
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. 554
Abstract: Provides for submission of bills supplementing the General Appropriation Bill
for appropriating to other political subdivisions and to public charities if state general
fund support for health care and higher education is less than the amounts
appropriated in the prior fiscal year; requires the General Appropriation Bill to be
finally passed by the legislature prior to any other appropriation bill for the same
fiscal year.
Proposed law 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. Proposed law also requires that the governor's executive budget 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 (GAB), then proposed law limits the 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 present constitution or present law be in a separate appropriation bill.
Proposed law 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, proposed law requires that
the REC's actions be by unanimous vote. If the REC is unable to make a unanimous
decision on any action required by proposed law, such action may be made by a three-
fourths vote of the conference principals if such decision is affirmed by at least 2/3 of the
elected members of each house of the legislature. Such affirmation shall be by concurrent
resolution or by mail ballot if the legislature is not in session.
(Amends R.S. 39:36(A)(1) and 51(A);Adds R.S. 39:24.1, 26(D), and 54(D))