Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB119 Introduced / Bill

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words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 119
BY SENATOR BUFFINGTON 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FUNDS/FUNDING. Constitutional amendment relative to the enactment of the budget for
the next fiscal year and provides for the restoration of monies to funds under certain
circumstances. (2/3-CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article VII, Section 10(F)(2)(b) of the Constitution of Louisiana,2
relative to funds established by the constitution and appropriations and expenditures3
therefrom; to provide for appropriations or allocations from such funds for certain4
designated purposes; to provide for certain procedures to avoid a budget deficit in5
the next fiscal year; and to specify an election for submission of the proposition to6
electors and provide a ballot proposition.7
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members8
elected to each house concurring, that there shall be submitted to the electors of the state, for9
their approval or rejection in the manner provided by law, a proposal to amend Article VII,10
Section 10(F)(2)(b) of the Constitution of Louisiana, to read as follows:11
ยง10. Expenditure of State Funds12
Section 10.13
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(F) Projected Deficit.15
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(2)17 SB NO. 119
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(b) Notwithstanding any other provision of this constitution to the contrary,2
for the purposes of the budget estimate and enactment of the budget for the next3
fiscal year, when the official forecast of recurring revenues for the next fiscal year4
is at least one percent less than the official forecast for the current fiscal year, the5
following procedure may be employed to avoid a budget deficit in the next fiscal6
year. An amount not to exceed five percent of the total appropriations or allocations7
for the current fiscal year from any fund established by law or this constitution shall8
be available for expenditure in the next fiscal year for a purpose other than as9
specifically provided by law or this constitution; provided that, in the event that10
the Revenue Estimating Conference subsequently adopts an estimate of11
recurring revenues after the beginning of the fiscal year and recognizes an12
increase so as to eliminate the need for such funds to be expended for another13
purpose, all funds transferred under this Subsubparagraph shall be restored to14
the fund from which it was transferred. For the purposes of this Subsubparagraph,15
an amount not to exceed one percent of the current fiscal year appropriation for16
expenditures required by Article VIII, Section 13(B) of this constitution shall be17
available for expenditures for other purposes in the next fiscal year. Notwithstanding18
any other provisions of this constitution to the contrary, monies made available as19
authorized under this Subsubparagraph may be transferred to a fund for which20
revenues have been forecast to be less than the revenues in the current fiscal year for21
such fund. Monies transferred as a result of the budget actions authorized by this22
Subsubparagraph are deemed available for appropriation and expenditure, but in no23
event shall the aggregate amount of any such transfers exceed the amount of the24
difference between the official forecast for the current fiscal year and the next fiscal25
year.26
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Section 2. Be it further resolved that this proposed amendment shall be submitted28
to the electors of the state of Louisiana at the statewide election to be held on November 4,29 SB NO. 119
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2014.1
Section 3. Be it further resolved that on the official ballot to be used at said election2
there shall be printed a proposition, upon which the electors of the state shall be permitted3
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as4
follows:5
Do you support, relative to the budget estimate when revenues for the next6
fiscal year drop one percent or more below the current fiscal year and monies7
from any fund may be made available for a purpose other than specified in8
law, an amendment to authorize restoration of such monies to all funds in the9
event the Revenue Estimating Conference revises the official estimate and10
recognizes an increase eliminating the need for the other purpose?11
(Amends Article VII, Section 10(F)(2)(b))12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jay Lueckel.
DIGEST
Present constitution authorizes the following procedure to be employed to avoid a budget
deficit in an ensuing fiscal year when the official forecast of recurring revenues for that
fiscal year is at least one percent less than the official forecast for the current fiscal year. An
amount not to exceed five percent of the total appropriations or allocations for the current
fiscal year from any fund established by law or this constitution shall be available for
expenditure in the next fiscal year for a purpose other than as specifically provided by law
or this constitution.
Proposed constitutional amendment retains present constitution and further provides that,
in the event that the Revenue Estimating Conference subsequently adopts an estimate of
recurring revenues after the beginning of the fiscal year and recognizes an increase so as to
eliminate the need for such funds to be expended for another purpose, all funds transferred
shall be restored to the fund from which it was transferred.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 4, 2014.
(Amends Const Art. VII, Sec. 10(F)(2)(b))