HLS 13RS-1102 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 437
BY REPRESENTATIVES HARRIS, ARNOLD, BARRAS, BERTHELOT, STUART
BISHOP, BURFORD, CARMODY, CHAMPAGNE, CONNICK, DANAHAY,
GAROFALO, GEYMANN, GREENE, HARRISON, HAVARD, HENRY,
HODGES, HOLLIS, HOWARD, LAMBERT, NANCY LANDRY, LEOPOLD,
MILLER, JAY MORRIS, JIM MORRIS, POPE, PYLANT, REYNOL DS,
ROBIDEAUX, SCHEXNAYDER, SCHRODER, SEABAUGH, TALBOT, AND
THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
BUDGETARY CONTROLS: Provides with respect to the development of the budget
AN ACT1
To amend and reenact R.S. 39:24(A), 34(A), 51(A), and 54(A), relative to the budget2
process; to provide for the official forecast; to provide for the powers, duties, and3
functions of the Revenue Estimating Conference; to require certain contents in the4
executive budget; to provide for the contents of the General Appropriation Bill and5
other appropriation bills; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 39:24(A), 34(A), 51(A), and 54(A) and hereby amended and8
reenacted to read as follows: 9
§24. Official forecast10
A. The Revenue Estimating Conference shall establish an official forecast for11
each fiscal year which shall be derived and revised only as provided in this Part. The12
official forecast shall include a forecast of all funds as defined in Article VII, Section13
10(J) of the Constitution of Louisiana, with an estimate of money available for14
appropriation from each dedicated fund. Each such official forecast shall contain a15
designation of all money which is nonrecurring. The conference shall designate all16
other money in each official forecast as recurring. In addition to any other money17 HLS 13RS-1102 ORIGINAL
HB NO. 437
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the conference may designate as nonrecurring, the conference shall designate as1
nonrecurring, money available for appropriation from any source that has not been2
available for the preceding two fiscal years or which will not be available for the3
succeeding two fiscal years.4
* * *5
§34. Executive budget6
A. The governor shall cause to be prepared an executive budget presenting7
a complete financial and programmatic plan for the ensuing fiscal year which shall8
include recommendations for appropriations from the state general fund and9
dedicated funds which shall not exceed the official forecast of the Revenue10
Estimating Conference. Except as provided by R.S. 39:75(E), the executive budget11
shall not include recommendations for appropriations from any fund in excess of the12
official forecast of money available for appropriation from that fund.13
* * *14
§51. General Appropriation Bill; other appropriation bills15
A. The governor shall cause a General Appropriation Bill for the ordinary16
operating expenses of government to be introduced which shall be in conformity17
with the recommendations for appropriations contained in the budget estimate as18
provided by Article VII, Section 11(B) of the Constitution of Louisiana. The19
General Appropriation Bill and other appropriation bills shall not appropriate any20
funds, as defined in Article VII, Section 10(J) of the Constitution of Louisiana,21
which are not part of the official forecast. The General Appropriation Bill and the22
bill appropriating funds for ancillary expenses of state government shall each be23
submitted for introduction at the same time required for submission of the executive24
budget as required by R.S. 39:37.25
* * *26
§54. Limitations on appropriations27
A. Appropriations by the legislature from the state general fund and28
dedicated funds for any fiscal year shall not exceed the official forecast in effect at29 HLS 13RS-1102 ORIGINAL
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the time the appropriations are made. Except as otherwise provided by R.S.1
39:75(E), appropriations by the legislature from any fund shall not exceed the2
official forecast of money available for appropriation from that fund in effect at the3
time the appropriations are made.4
* * *5
Section 2. This Act shall become effective on July 1, 2013; if vetoed by the governor6
and subsequently approved by the legislature, this Act shall become effective on July 1,7
2013, or on the day following such approval by the legislature, whichever is later.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)]
Harris HB No. 437
Abstract: Requires the Revenue Estimating Conference's official forecast to include a
projection of all state general fund, self-generated revenues, and statutorily dedicated
funds; requires the REC to designate certain funds as nonrecurring; and provides for
limitations on appropriations.
REVENUE ESTIMATING CONFERENCE
Present law sets forth requirements relative to the expenditure of state funds and establishes
the Revenue Estimating Conference 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 nonrecurring.
Money not designated as nonrecurring is designated recurring. Proposed law retains present
law and adds that the REC shall include a forecast of all funds as defined in Article VII,
Section 10(J) of the Constitution of Louisiana, with an estimate of money available for
appropriation from each dedicated fund. Proposed law also provides that the REC must
designate as nonrecurring, money available for appropriation from any source that has not
been available for the preceding two fiscal years or which will not be available for the
succeeding two fiscal years. (R.S. 39:24(A))
EXECUTIVE BUDGET
Present law requires the governor to prepare an executive budget to include
recommendations for appropriations from the state general fund and dedicated funds which
shall not exceed the official forecast of the REC. Proposed law retains present law and
provides that the executive budget shall not include recommendations for appropriations
from any fund in excess of the official forecast of money available for appropriation from
that fund. (R.S. 39:34(A))
APPROPRIATION BILLS
Present law requires, after submitting his executive budget, that the governor then cause to
be introduced a General Appropriations Bill (GAB) for the ordinary operating expenditures HLS 13RS-1102 ORIGINAL
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in conformity with the budget estimate. Proposed law retains this provision and provides
that the general appropriation bill and other appropriation bills shall not appropriate any
funds which are not part of the official REC forecast. (R.S. 39:51(A))
EXPENDITURE OF STATE FUNDS
Present law provides that appropriations from the state general fund and dedicated funds shall
not exceed the official forecast. Proposed law retains present law and also specifies that
unless otherwise provided by present law permitting the use and transfer of funds to avoid a
projected deficit, the amount appropriated out of any fund shall not exceed the official
forecast of money available for appropriation from that fund. (R.S. 39:54(A))
Effective on July 1, 2013.
(Amends R.S. 39:24(A), 34(A), 51(A) and 54(A))