HLS 181ES-11 ORIGINAL 2018 First Extraordinary Session HOUSE BILL NO. 15 BY REPRESENTATIVE BARRAS BUDGETARY CONTROLS: (Constitutional Amendment) Provides for changes in the expenditure limit calculation (Item #12) 1 A JOINT RESOLUTION 2Proposing to amend and reenact Article VII, Section 10(C)(1) of the Constitution of 3 Louisiana and to repeal Article VII, Section 10.3(A)(1) of the Constitution of 4 Louisiana, relative to the expenditure limit; to change the method of determining the 5 expenditure limit; to provide for the determination of the growth factor of the 6 expenditure limit; to cap the growth of the expenditure limit; to eliminate required 7 uses of monies in excess of the expenditure limit; to provide for submission of the 8 proposed amendment to the electors; and to provide for related matters. 9 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members 10elected to each house concurring, that there shall be submitted to the electors of the state of 11Louisiana, for their approval or rejection in the manner provided by law, a proposal to 12amend Article VII, Section 10(C)(1) of the Constitution of Louisiana, to read as follows: 13 §10. Expenditure of State Funds 14 Section 10. 15 * * * 16 (C) Expenditure Limit. (1) The legislature shall provide for the 17 determination of an expenditure limit for each fiscal year to be established during the 18 first quarter of the calendar year for the next fiscal year. However, the expenditure 19 limit for the 1991-1992 Fiscal Year shall be the actual appropriations from the state 20 general fund and dedicated funds for that year except funds allocated by Article VII, Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 181ES-11 ORIGINAL HB NO. 15 1 Section 4, Paragraphs (D) and (E). For subsequent fiscal years, the limit shall not 2 exceed the expenditure limit amount appropriated from the state general fund and 3 dedicated funds for the current fiscal year plus an amount equal to that limit 4 appropriated amount times a positive growth factor. The growth factor is the average 5 annual percentage rate of change of personal income for Louisiana as defined and 6 reported by the United States Department of Commerce for the three calendar years 7 prior to the fiscal year for which the limit is calculated legislature by law shall 8 establish a procedure to determine the growth factor, which shall not exceed six 9 percent. Any law establishing a procedure to determine the growth factor, once 10 enacted, shall not be changed except by specific legislative instrument which 11 received a favorable vote of two-thirds of the elected members of each house of the 12 legislature. 13 * * * 14 Section 2. Be it resolved by the Legislature of Louisiana, two-thirds of the members 15elected to each house concurring, that there shall be submitted to the electors of the state of 16Louisiana, for their approval or rejection in the manner provided by law, a proposal to repeal 17Article VII, Section 10.3(A)(1) of the Constitution of Louisiana. 18 Section 3. Be it further resolved that this proposed amendment shall be submitted 19to the electors of the state of Louisiana at the statewide election to be held on November 6, 202018. 21 Section 4. Be it further resolved that on the official ballot to be used at the election, 22there shall be printed a proposition, upon which the electors of the state shall be permitted 23to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as 24follows: 25 Do you support an amendment to change the base for determining the next 26 fiscal year's expenditure limit, to cap the annual growth of the expenditure 27 limit, to change the use of money in excess of the expenditure limit, and to 28 allow the legislature to establish in law change the method of determining the Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 181ES-11 ORIGINAL HB NO. 15 1 expenditure limit? (Amends Article VII, Section 10(C)(1), Repeals Article 2 VII, Section 10.3(A)(1)) 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)] HB 15 Original 2018 First Extraordinary Session Barras Abstract: Ties the next year's expenditure limit to current year expenditures, caps the annual growth factor of the expenditure limit to 6%, allows the growth factor to be established by law that requires 2/3 vote of each house of the legislature to change, and deletes the requirement that money in excess of the expenditure limit be deposited into the Bond Security and Redemption Fund. Present constitution provides for the determination of the expenditure limit for the next fiscal year to be determined in the first quarter of calendar year for the current fiscal year. The expenditure limit for the next fiscal year is based on the expenditure limit for the current fiscal year times a growth factor based on the change of personal income in the state. Proposed constitutional amendment changes the base for determining the next year's expenditure limit from the current year expenditure limit to current year appropriations out of the state general fund and dedicated funds. Present constitution defines the growth factor as the average annual percentage rate of change of personal income for La. as defined and reported by the U.S. Dept. of Commerce for the three calendar years prior to the fiscal year for which the limit is calculated. Proposed constitutional amendment removes the definition of the growth factor in present constitution and instead requires the legislature to establish a procedure to determine the growth factor, which shall not exceed 6%. Once established, the growth factor shall not be changed except by specific legislative instrument receiving a favorable 2/3 vote of the elected members of each house of the legislature. Present constitution requires that money available for appropriation from the state general fund and dedicated funds in excess of the expenditure limit shall be deposited into the Budget Stabilization Fund. Proposed constitutional amendment repeals present constitution. Provides for submission of the proposed amendment to the voters at the statewide election to be held Nov. 6, 2018. (Amends Const. Art. VII, §10(C)(1); Repeals Const. Art. VII, §10.3(A)(1)) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.