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 428 Reengrossed 2021 Regular Session Geymann
Abstract: If federal disaster dollars are received by the state, prohibits increases in recurring
expenses of any state office, department, division, board, commission, council, committee,
postsecondary education institution, or other executive branch entity, unless certain
circumstances are met.
Present law provides for the development, enactment, and execution of the operating budget for the
executive branch of government. Proposed law retains present law.
Proposed law prohibits any increase in recurring expenses for an executive branch entity for the
remainder of any fiscal year in which money is received by the state from the federal government
for costs associated with a federally declared disaster, and continuing each fiscal year thereafter until
all such dollars are obligated and paid. Provides that in each such year, recurring expenses shall not
increase above amounts budgeted in the previous fiscal year. Defines "recurring expense" to mean
an expenditure necessary for the operation of the executive branch entity, including but not limited
to salary expenses, utilities, and supplies as delineated by the Legislative Fiscal Office. Further
provides that the phrase shall not include acquisitions, major repairs, debt service, or employee or
retiree benefit payments.
Provides that proposed law applies to all state offices, departments, divisions, boards, commissions,
councils, committees, postsecondary education institutions, or other entities of the executive branch
of state government. Further provides that proposed law shall not apply if either of the following
conditions is met:
(1)If the federal funds received are payable to the state on a reimbursement basis.
(2)If the Revenue Estimating Conference adopts a revised forecast that shows recurring
revenues sufficient to fully fund existing obligations and such increase for the current fiscal
year and the next two fiscal years.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 39:89.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the original bill:
1. Change the cap on recurring expenses from amounts budgeted immediately prior to the
federal declaration of the disaster to amounts budgeted the previous fiscal year.
The House Floor Amendments to the engrossed bill:
1. Add provision requiring the Legislative Fiscal Office to define "recurring expense" as
used in proposed law.