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words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 543
BY SENATOR DONAHUE
FISCAL CONTROLS. Provides with respect to the state budget. (7/1/14)
AN ACT1
To amend and reenact R.S. 39:24(A) and (B), 34(A), 51(A)(2), and 56(A) and to enact R.S.2
39:2(15.1) and 36(A)(7), relative to budgetary procedures; to define expenditures for3
payments to businesses and individuals; to provide for inclusion in the official4
forecast, the executive budget, the general appropriation bill, other appropriation5
bills, and the state budget of expenditures for payments to businesses and6
individuals; to provide for an effective date; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 39:24(A) and (B), 34(A), 51(A)(2) and 56(A) are hereby amended9
and reenacted and R.S. 39:2(15.1) and 36(A)(7) are hereby enacted to read as follows:10
§2. Definitions11
As used in this Chapter, except where the context clearly requires otherwise,12
the words and expressions defined in this Section shall be held to have the meanings13
here given to them.14
* * *15
(15.1) "Expenditures for payments to businesses and individuals" means16
the aggregate of payments to businesses and individuals for the refund, rebate,17 SB NO. 543
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words in boldface type and underscored are additions.
or transferable credit granted through either an incentive contract between the1
state or an agency of the state and a specific recipient, or certification or2
approval of a specific recipient by the state or an agency of the state.3
* * *4
§24. Official forecast5
A.(1) The Revenue Estimating Conference shall establish an official forecast6
for each fiscal year which shall be derived and revised only as provided in this Part.7
The official forecast shall include a forecast of all funds as defined in Article VII,8
Section 10(J) of the Constitution of Louisiana, and shall include an estimate of9
money available for appropriation from each dedicated fund. Each such official10
forecast shall contain a designation of all money which is nonrecurring. The11
conference shall designate all other money in each official forecast as recurring. In12
addition, the conference may designate as nonrecurring any money available for13
appropriation from any source that is defined as nonrecurring in R.S. 39:2(27).14
(2) The official forecast shall include a forecast of expenditures for15
payments to businesses and individuals for the refunds, rebates, or transferable16
credits granted through an incentive contract between the state or an agency of17
the state and a specific recipient, or granted through certification or approval18
of a specific recipient by the state or an agency of the state.19
B. The Revenue Estimating Conference may utilize whatever staff,20
information, and technical expertise which it may determine is required to derive or21
revise the official forecast. The conference may request and shall receive from all22
public officers, departments, agencies, and authorities of the state and its political23
subdivisions such assistance and data as will enable the conference to fulfill its24
duties. Public officers, departments, agencies, and authorities of the state and25
its political subdivisions, including the Department of Revenue, the Department26
of Economic Development, and the Department of Culture, Recreation and27
Tourism, which administer a refund of a tax credit, the repurchase of a28
transferable tax credit, a rebate, or a program granting or issuing the right to29 SB NO. 543
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words in boldface type and underscored are additions.
an individual or business to transfer a tax credit, shall furnish the Revenue1
Estimating Conference, legislative fiscal office, and the division of2
administration with data reflecting the program's operations and shall prepare3
a report setting forth the dollar amounts that apply to each refund of a tax4
credit, repurchase of a transferable tax credit, rebate, or program granting or5
issuing a transferable tax credit. In order that such information may be6
included in the official forecast for the next fiscal year, such reports shall7
include such data beginning July first of each fiscal year through the date of the8
report and the report shall be due monthly. An initial report detailing historical9
participation and applicable dollar amounts shall also be provided. The initial10
historical report and subsequent monthly reports shall be developed in11
consultation with the Revenue Estimating Conference, the legislative fiscal12
office, and the division of administration.13
* * *14
§34. Executive budget15
A.(1) The governor shall cause to be prepared an executive budget presenting16
a complete financial and programmatic plan for the ensuing fiscal year which shall17
include recommendations for appropriations from the state general fund and18
dedicated funds which shall not exceed the official forecast of the Revenue19
Estimating Conference. Except as provided by R.S. 39:75(E), the executive budget20
shall not include recommendations for appropriations from any fund in excess of the21
official forecast of money available for appropriation from that fund.22
(2) The executive budget for Fiscal Year 2015-2016 and each fiscal year23
thereafter shall include a separate recommendation for appropriations from the24
state general fund and dedicated funds for expenditures for payments to25
businesses and individuals for the refunds, rebates, or transferable credits26
granted through an incentive contract between the state or an agency of the27
state and a specific recipient, or granted through certification or approval of a28
specific recipient by the state or an agency of the state, which recommended29 SB NO. 543
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words in boldface type and underscored are additions.
appropriations shall not exceed the amount estimated in the official forecast for1
expenditures for payments to businesses and individuals.2
* * *3
§36. Contents and format of executive budget; supporting document4
A. The executive budget shall present a complete financial and programmatic5
plan for the ensuing year, and it shall be configured in a format so as to clearly6
present and highlight the functions and operations of state government and the7
financial requirements associated with those functions and operations. The executive8
budget shall be a performance-based budget. It shall include at a minimum the9
following:10
* * *11
(7) A separate recommendation for appropriations from the state12
general fund and dedicated funds for expenditures for payments to businesses13
and individuals for the refunds, rebates, or transferable credits granted through14
an incentive contract between the state or an agency of the state and a specific15
recipient, or granted through certification or approval of a specific recipient by16
the state or an agency of the state, which recommended appropriations shall not17
exceed the amount estimated in the official forecast for expenditures for18
payments to businesses and individuals.19
* * *20
§51. General Appropriation Bill; other appropriation bills21
A.(1) * * *22
(2) The General Appropriation Bill and other appropriation bills shall not23
appropriate any funds, as defined in Article VII, Section 10(J) of the Constitution of24
Louisiana, including the estimate of expenditures for payments to businesses and25
individuals, which are not part of the official forecast except as provided for in R.S.26
39:54(A)(2). Appropriations in the General Appropriation Bill and other27
appropriation bills for Fiscal Year 2015-2016 and each fiscal year thereafter,28
shall include a separate recommendation setting forth the expenditures for29 SB NO. 543
SLS 14RS-569 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
payments to businesses and individuals for the refunds, rebates, or transferable1
credits granted through an incentive contract between the state or an agency of2
the state and a specific recipient, or granted through certification or approval3
of a specific recipient by the state or an agency of the state, which4
appropriations shall not exceed the amount estimated in the official forecast for5
expenditures for payments to businesses and individuals.6
* * *7
§56. State budget to be prepared by governor8
A. After the passage of the appropriation and revenue acts, but not later than9
October first of each year, the governor shall cause to be prepared a complete state10
budget for the fiscal year. The budget so prepared shall include all the details of the11
financial plan for the fiscal year, as to both expenditures and means of financing as12
presented in the executive budget, with such revision as may be necessary to bring13
them into conformity with the appropriation and revenue acts and other acts to14
provide means of financing, and with the legislative provisions in effect, governing15
administration of the budget. The budget so prepared for Fiscal Year 2015-201616
and each fiscal year thereafter shall include expenditures for payments for17
businesses and individuals for the refunds, rebates, or transferable credits18
granted through an incentive contract between the state or an agency of the19
state and a specific recipient, or granted through certification or approval of a20
specific recipient by the state or an agency of the state.21
* * *22
Section 2. This Act shall become effective on July 1, 2014; if vetoed by the governor23
and subsequently approved by the legislature, this Act shall become effective on July 1,24
2014, or on the day following such approval by the legislature, whichever is later.25
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Martha S. Hess.
DIGEST
Donahue (SB 543)
Present law provides for the definitions of words used in Title 39 of the Revised Statutes. SB NO. 543
SLS 14RS-569 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law retains present law and adds the definition of "expenditures for payments to
businesses and individuals" to mean the aggregate of payments to businesses and individuals
for the refund, rebate, or transferable credit granted through either an incentive contract
between the state or an agency of the state and a specific recipient, or certification or
approval of a specific recipient by the state or an agency of the state.
Present law provides that the Revenue Estimating Conference shall establish an official
forecast for each fiscal year, which shall include a forecast of all funds as defined in Article
VII, Section 10(J) of the Constitution of Louisiana, and shall include an estimate of money
available for appropriation from each dedicated fund. Each such official forecast shall
contain a designation of all money which is nonrecurring.
Proposed law provides that the official forecast shall include a forecast of expenditures for
payments to businesses and individuals for the refunds, rebates, or transferable credits
granted through an incentive contract between the state or an agency of the state and a
specific recipient, or granted through certification or approval of a specific recipient by the
state or an agency of the state.
Present law provides that the Revenue Estimating Conference may utilize whatever staff,
information, and technical expertise which it may determine is required to derive or revise
the official forecast. The conference may request and shall receive from all public officers,
departments, agencies, and authorities of the state and its political subdivisions such
assistance and data as will enable the conference to fulfill its duties.
Proposed law retains present law and further provides that public officers, departments,
agencies, and authorities of the state and its political subdivision, including the Department
of Revenue, the Department of Economic Development, and the Department of Culture,
Recreation and Tourism, which administer a refund of a tax credit, the repurchase of a
transferable tax credit, a rebate, or a program granting or issuing the right to an individual
or business to transfer a tax credit, shall furnish the Revenue Estimating Conference,
legislative fiscal office, and the division of administration with data reflecting the program's
operations and shall prepare a report setting forth the dollar amounts that apply to each
refund of a tax credit, repurchase of a transferable tax credit, rebate, or program granting or
issuing a transferable tax credit. In order that such information may be included in the
official forecast for the next fiscal year, such reports shall include such data beginning July
first of each fiscal year through the date of the report and the report shall be due monthly.
An initial report detailing historical participation and applicable dollar amounts shall also
be provided. The initial historical report and subsequent monthly reports shall be developed
in consultation with the Revenue Estimating Conference, the legislative fiscal office and the
division of administration.
Present law provides that the governor shall cause to be prepared an executive budget
presenting a complete financial and programmatic plan for the ensuing fiscal year which
shall include recommendations for appropriations from the state general fund and dedicated
funds which shall not exceed the official forecast of the Revenue Estimating Conference.
Proposed law retains present law and further provides that the executive budget for Fiscal
Year 2015-2016 and each fiscal year thereafter shall include a separate recommendation for
appropriations from the state general fund and dedicated funds for expenditures for payments
to businesses and individuals for the refunds, rebates, or transferable credits granted through
an incentive contract between the state or an agency of the state and a specific recipient, or
granted through certification or approval of a specific recipient by the state or an agency of
the state, which recommended appropriations shall not exceed the amount estimated in the
official forecast for expenditures for payments to businesses and individuals.
Present law provides for the contents and format of executive budget.
Proposed law retains present law and further provides that the executive budget shall contain SB NO. 543
SLS 14RS-569 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
a separate recommendation for appropriations from the state general fund and dedicated
funds for expenditures for payments to businesses and individuals for the refunds, rebates,
or transferable credits granted through an incentive contract between the state or an agency
of the state and a specific recipient, or granted through certification or approval of a specific
recipient by the state or an agency of the state, which recommended appropriations shall not
exceed the amount estimated in the official forecast for expenditures for payments to
businesses and individuals.
Present law provides relative to the general appropriation bill and provides that the general
appropriation bill and other appropriation bills shall not appropriate any funds, which are not
part of the official forecast except as provided for in R.S. 39:54(A)(2).
Proposed law retains present law and further provides that appropriations in the general
appropriation bill and other appropriation bills for FY 2015-2016 and each fiscal year
thereafter, shall include a separate recommendation setting forth the expenditures for
payments to businesses and individuals for the refunds, rebates, or transferable credits
granted through an incentive contract between the state or an agency of the state and a
specific recipient, or granted through certification or approval of a specific recipient by the
state or an agency of the state, which appropriations shall not exceed the amount estimated
in the official forecast for expenditures for payments to businesses and individuals.
Present law provides that after the passage of the appropriation and revenue acts, but not
later than October first of each year, the governor shall cause to be prepared a complete state
budget for the fiscal year. The budget so prepared shall include all the details of the financial
plan for the fiscal year, as to both expenditures and means of financing as presented in the
executive budget, with such revision as may be necessary to bring them into conformity with
the appropriation and revenue acts and other acts to provide means of financing, and with
the legislative provisions in effect, governing administration of the budget.
Proposed law retains present law but further provides that the budget so prepared for FY
2015-2016 and each fiscal year thereafter shall include expenditures for payments for
businesses and individuals for the refunds, rebates, or transferable credits granted through
an incentive contract between the state or an agency of the state and a specific recipient, or
granted through certification or approval of a specific recipient by the state or an agency of
the state.
Effective July 1, 2014.
(Amends R.S. 39:24(A) and (B), 34(A), 51(A)(2), and 56(A); adds R.S. 39:2(15.1) and
36(A)(7))