HLS 183ES-18 ORIGINAL
2018 Third Extraordinary Session
HOUSE CONCURRENT RESOL UTION NO. 3
BY REPRESENTATIVE ABRAMSON
FUNDS/FUNDING: Expresses the intent of the legislature regarding House Bill No. __ of
the 2018 Third Extraordinary Session of the Legislature with respect to certain
"excess" state sales and use tax revenues
1 A CONCURRENT RESOL UTION
2To express the intent of the legislature regarding House Bill No. ___ of the 2018 Third
3 Extraordinary Session of the Legislature.
4 WHEREAS, R.S. 24:177(B)(2)(b) provides that the "legislature may express the
5intended meaning of a law in a duly adopted concurrent resolution, by the same vote and,
6except for gubernatorial veto and time limitations for introduction, according to the same
7procedures and formalities required for enactment of that law; and
8 WHEREAS, during the 2018 Third Extraordinary Session of the Legislature, House
9Bill No. ___ was enacted into law that reduced the amount of the state sales and use tax
10levied pursuant to R.S. 47:321.1 from 1% to ___ % and extended the sunset of the tax from
11June 30, 2018, to June 30, 2021, with the extension of the levy from June 30, 2021, to June
1230, 2024, to become effective upon the effective date of a 2019 Act of the Legislature to
13adopt an "excess revenue baseline" as specified in this resolution; and
14 WHEREAS, in enacting House Bill No. ___, the legislature intends to raise the
15revenue necessary to fund the operating expenses of the state contained in Act No. 2 of the
162018 Second Extraordinary Session of the Legislature including the supplementary
17appropriations contained in Section 19 of such Act; and
18 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
19express its intent regarding House Bill No. ___ of the 2018 Third Extraordinary Session.
20For Fiscal Year 2019-2020, and each fiscal year thereafter, any recurring revenues deposited
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1into the state general fund (direct) in a fiscal year in excess of a specified limit, the "excess
2revenue baseline", up to the amount attributable to R.S. 47:321.1, shall be deposited by the
3treasurer into the Budget Stabilization Fund. When deposits into the Budget Stabilization
4Fund are prohibited by R.S. 39:94(C), the legislature shall appropriate the revenues for that
5fiscal year to the Louisiana State Employees' Retirement System and the Teachers'
6Retirement System of Louisiana for application to the balance of the unfunded accrued
7liability of such systems existing as of June 30, 1988, in proportion to the balance of such
8unfunded accrued liability of each such system. Any such payments to the public retirement
9systems shall not be used, directly or indirectly, to fund cost-of-living increases for such
10systems.
11 BE IT FURTHER RESOLVED that the legislature intends that the excess revenue
12baseline amount for Fiscal Year 2018-2019 shall be the official forecast of State General
13Fund Revenue Direct for Fiscal Year 2018-2019 designated as recurring adopted by the
14Revenue Estimating Conference and incorporating all revenue impacts resulting from
15legislation enacted during the past regular session and the three extraordinary sessions in
16accordance with R.S. 39:26(A)(4).
17 BE IT FURTHER RESOLVED that the legislature intends that the excess revenue
18baseline amount for Fiscal Year 2019-2020 and each fiscal year thereafter through Fiscal
19Year 2023-2024 shall be determined at the same time as the expenditure limit and shall be
20the excess revenue baseline amount for the previous fiscal year plus an amount equal to that
21revenue baseline amount times the expenditure limit growth factor defined by R.S.
2239:22.1(B) if the growth factor is positive.
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)]
HCR 3 Original 2018 Third Extraordinary Session Abramson
Present law (R.S. 24:117(B)(2)) authorizes the legislature to express the intended meaning
of a law in a duly adopted concurrent resolution, by the same vote and, except for
gubernatorial veto and time limitations for introduction, according to the same procedures
and formalities required for enactment of that law.
Proposed law (R.S. 47:321.1) which is amended pursuant to House Bill No. ___ of the 2018
3rd E.S. to reduce the rate of the state sales and use tax levied pursuant to R.S. 47:321.1
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HCR NO. 3
from 1% to ___ % and to extend the sunset of the tax from June 30, 2018, to June 30, 2021;
with the extension of the levy from June 30, 2021, to June 30, 2024, to become effective
upon the effective date of a 2019 Act of the Legislature to adopt an "excess revenue
baseline" as specified in this resolution.
Proposed resolution expresses the intent of the legislature regarding the meaning of House
Bill No. ___ of the 2018 3rd E.S. to clarify that the legislature intends to raise the revenue
necessary to fund the operating expenses of the state contained in Act No. 2 of the 2018 2
nd
E.S. of the Legislature including the supplementary appropriations contained in Section 19
of such Act.
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