ENROLLED
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ACT No. 424
Regular Session, 2013
HOUSE BILL NO. 620
BY REPRESENTATIVES GEYMANN, ARNOLD, BARRAS, BERTHELOT, STUART
BISHOP, BURFORD, CARMODY, CHAMPAGNE, CONNICK, DANAHAY,
GAROFALO, GREENE, HARRIS, HARRISON, HAVARD, HENRY, HODGES,
HOLLIS, HOWARD, KATRINA JACKSON, JAMES, LAMBERT, NANCY
LANDRY, LEOPOLD, MILLER, JAY MORRIS, JIM MORRIS, POPE, PYLANT,
REYNOLDS, ROBIDEAUX, SCHEXNAYDER, SCHRODER, SEABAUGH,
TALBOT, THIERRY, AND THOMPSON AND SENATORS CORTEZ,
GUILLORY, MILLS, AND PERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 39:36(A)(3)(b) and 51(A) and to enact R.S. 24:603(20) and R.S.2
39:36(A)(6), relative to budgetary controls and priorities; to require certain items be3
included in the executive budget; to require the General Appropriation Bill include4
separate recommendations for discretionary and nondiscretionary spending in certain5
circumstances; to provide for the powers and functions of the legislative fiscal office;6
to provide for effectiveness; to provide for definitions; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 24:603(20) is hereby enacted to read as follows:10
§603. Duties and functions 11
Subject to the general direction and supervision of the Joint Legislative12
Committee on the Budget, the Legislative Fiscal Office shall have the following13
duties and functions:14
* * *15
(20) The Legislative Fiscal Office shall review the proposed executive16
budget for the ensuing fiscal year and report to the Joint Legislative Committee on17
the Budget whether the budget recommends appropriations out of the state general18
fund and dedicated funds for health care as contained in Schedule 09, Department19
of Health and Hospitals, and for higher education as contained in Schedule 19,20
Higher Education and Louisiana State University Health Sciences Center Health21 ENROLLEDHB NO. 620
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Care Services Division, in amounts less than the appropriations for either purpose1
as contained for the same schedules in the existing operating budget for the current2
fiscal year as of the day the executive budget is submitted to the Joint Legislative3
Committee on the Budget. Within seven days of the governor's submission of the4
executive budget to the Joint Legislative Committee on the Budget pursuant to R.S.5
39:37, the Legislative Fiscal Office shall prepare and submit such report to the6
governor and the legislature.7
Section 2. R.S. 39:36(A)(3)(b) and 51(A) are hereby amended and reenacted and8
R.S. 39:36(A)(6) is hereby enacted to read as follows:9
§36. Contents and format of executive budget; supporting document10
A. The executive budget shall present a complete financial and11
programmatic plan for the ensuing year, and it shall be configured in a format so as12
to clearly present and highlight the functions and operations of state government and13
the financial requirements associated with those functions and operations. The14
executive budget shall be a performance-based budget. It shall include at a minimum15
the following:16
* * *17
(3) Comparative statements for each department and budget unit by the18
means of financing of the existing operating budget for a date certain to be19
established by the budget office for the current fiscal year and recommended20
expenditures for the ensuing fiscal year. All such comparative statements shall21
include the following:22
* * *23
(b) Reports of all discretionary and nondiscretionary expenditures, or24
estimates of discretionary or nondiscretionary expenditures, itemized by means of25
finance, department and functional area. As used in this Part, "nondiscretionary26
expenditures" includes, but is not limited to, expenditures which must be funded27
because of the following constitutional and other mandates:28
(i) Expenditures required by the Constitution of Louisiana:29
(aa) The salaries of statewide elected officials.30 ENROLLEDHB NO. 620
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(bb) Cost of elections and ballot printing.1
(cc) Nonpublic school textbooks and the Minimum Foundation Program.2
(dd) Parish transportation.3
(ee) Interim Emergency Board.4
(ff) State revenue sharing.5
(gg) Debt service for net state tax-supported debt.6
(hh) Severance tax dedications to parishes.7
(ii) Parish royalty fund dedications to parishes.8
(jj) Highway Fund #2 dedications to Mississippi River Bridge Authority and9
Causeway Commission.10
(kk) State supplemental pay.11
(ii) Expenditures due to a court order:12
(aa) Representation for mental health patients.13
(bb) Medical care for some state prisoners.14
(iii) Expenditures to avoid a court order:15
(aa) Litigation involving community-based waiver options.16
(bb) Elderly and disabled adult waiver litigation.17
(cc) Instruction for Special School Districts #1 and #2-Juvenile Justice18
Settlement.19
(iv) Debt service:20
(aa) The Debt Management Program.21
(bb) Debt service of state-owned buildings paid by the Office Facilities22
Corporation.23
(cc) Rent in state-owned buildings-paid by state agencies to the Office24
Facilities Corporation.25
(dd) Corrections debt service-Louisiana Correctional Facilities Corporation.26
(ee) Higher education debt service and maintenance.27
(v) Expenditures due to federal mandates:28
(aa) Mandatory Medicaid services.29
(bb) Federal Safe Drinking Water Act for inspections.30 ENROLLEDHB NO. 620
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(vi) Expenditures for certain statutory obligations:1
(aa) Salaries of district attorneys and assistant district attorneys.2
(bb) Local housing of state adult offenders.3
(cc) Peace Officer Standards and Training reimbursement for local law4
enforcement agencies.5
(dd) Parole board and pardon board.6
(ee) Medical care for prisoners.7
(ff) Salaries and related benefits for the registrars of voters and their8
employees.9
(vii) Legislative expenses.10
(viii) Judicial expenses.11
(ix) Expenditures for unavoidable obligations:12
(aa) Group benefits for retirees.13
(bb) Maintenance of state buildings from state agencies to the division of14
administration.15
(cc) Adult Probation and Parole-Field Services Program.16
(dd) Family preservation and children services provided by the Department17
of Children and Family Services.18
(ee) Department of Health and Hospitals-Eastern Louisiana Mental Health19
System-Forensic Facility.20
(ff) Corrections services-incarceration of adult inmates.21
(gg) Legislative auditor fees.22
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(6) Comparative statements for higher education and for health care by24
expenditures out of the state general fund and dedicated funds for the current fiscal25
year and recommended expenditures out of the state general fund and dedicated26
funds for the ensuing fiscal year.27
* * *28 ENROLLEDHB NO. 620
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§51. General Appropriation Bill; other appropriation bills1
A.(1) The governor shall cause a General Appropriation Bill for the ordinary2
operating expenses of government to be introduced which shall be in conformity3
with the recommendations for appropriations contained in the budget estimate as4
provided by Article VII, Section 11(B) of the Constitution of Louisiana. In the event5
that the Legislative Fiscal Office reports that the budget estimate as provided by6
Article VII, Section 11(A) of the Constitution of Louisiana provides for7
appropriations out of the state general fund and dedicated funds for the ensuing fiscal8
year for health care as contained in Schedule 09, Department of Health and9
Hospitals, and for higher education as contained in Schedule 19, Higher Education10
and Louisiana State University Health Sciences Center Health Care Services11
Division, in amounts less than the appropriations for either purpose as contained for12
the same schedules in the existing operating budget for the current fiscal year as of13
the day the executive budget is submitted to the Joint Legislative Committee on the14
Budget, the governor shall cause a General Appropriation Bill to be introduced as15
provided by Article VII, Section 11(B) of the Constitution of Louisiana which shall16
provide separate recommendations for discretionary and nondiscretionary17
expenditures and the means of financing such expenditures which are subject to18
appropriation.19
(2) The General Appropriation Bill and the bill appropriating funds for20
ancillary expenses of state government shall each be submitted for introduction at21
the same time required for no later than fourteen days after submission of the22 ENROLLEDHB NO. 620
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executive budget to the Joint Legislative Committee on the Budget as required by1
R.S. 39:37.2
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: