HLS 22RS-1353 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 884
BY REPRESENTATIVE BEAULLIEU
BUDGETARY CONTROL S: Provides for changes in the expenditure limit calculation
1 AN ACT
2To amend and reenact R.S. 39:33.1(A), (B)(1), and (C), relative to the expenditure limit; to
3 provide with respect to the calculation of the expenditure limit; to provide with
4 respect to identification of items that do and do not count against the expenditure
5 limit; to provide relative to the duties of the commissioner of administration with
6 respect to the expenditure limit; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 39:33.1(A), (B)(1), and (C) are hereby amended and reenacted to
9read as follows:
10 ยง33.1. Determination of expenditure limit
11 A. The No later than thirty-five days prior to each regular session, the
12 commissioner of administration shall submit to the Joint Legislative Committee on
13 the Budget both a calculation for the expenditure limit for the ensuing fiscal year and
14 recommendations for state general fund and dedicated funds to be excluded from any
15 calculation of expenditures in relation to the expenditure limit in accordance with
16 Subsections (C), (D), and (E) of this Section. to the Joint Legislative Committee on
17 the Budget no later than thirty-five days prior to each regular session.
18 B.(1) The Beginning with the calculation for the 2023-2024 fiscal year and
19 for each calculation thereafter, the expenditure limit for the ensuing fiscal year shall
20 be the lesser of the following:
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HB NO. 884
1 (a) The sum of the total amounts appropriated by act of the legislature from
2 the state general fund and dedicated funds as of July first for the fiscal year in which
3 the calculation is made, less amounts appropriated from the state general fund and
4 dedicated funds that were vetoed by the governor and not overridden by the
5 legislature, plus the total amount of non-appropriated constitutional requirements
6 reflected on the most recent budget status report submitted to the Joint Legislative
7 Committee on the Budget pursuant to R.S. 39:75(A), the expenditure limit for the
8 current fiscal year plus an amount equal to that limit sum times the growth factor, if
9 the growth factor is positive.
10 (b) The limit established by the legislature pursuant to the authority in
11 Article VII, Section 10(C)(2) of the Constitution of Louisiana.
12 * * *
13 C.(1) After review by the Joint Legislative Committee on the Budget, or its
14 designated staff, the commissioner of administration The Joint Legislative
15 Committee on the Budget shall determine the state general fund and designated
16 dedicated funds to include in exclude from the calculation of any calculation of
17 expenditures in relation to the expenditure limit in accordance with Subsection D of
18 this Section.
19 (2) Notwithstanding any provision of this Section to the contrary, the
20 following items shall be included in any calculation of expenditures in relation to the
21 expenditure limit:
22 (a) The total amount of non-appropriated constitutional requirements
23 reflected on the most recent budget status report submitted to the Joint Legislative
24 Committee on the Budget pursuant to R.S. 39:75(A).
25 (b) The total expenditures of monies held by the state in a fiduciary capacity,
26 to the extent not excluded pursuant to the provisions of Paragraph (1) of this
27 Subsection.
28 (c) Each expenditure of funds from an appropriation for a prior fiscal year
29 made by legislative act which appropriation has been carried forward into the current
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HB NO. 884
1 fiscal year, to the extent not excluded pursuant to the provisions of Paragraph (1) of
2 this Subsection.
3 * * *
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 884 Engrossed 2022 Regular Session Beaullieu
Abstract: Changes the calculation of the expenditure limit and requires the Joint
Legislative Committee on the Budget (JLCB) to determine the state general fund and
designated funds that are excluded from the calculation of the expenditure limit.
Present constitution (Art. VII, Sec. 10) requires the legislature to provide for a determination
of an expenditure limit for each fiscal year, to be established during the first quarter of the
calendar year for the next fiscal year.
Present law (R.S. 39:33.1) establishes the calculation of the expenditure limit in accordance
with present constitution. Requires the commissioner of administration (commissioner) to
submit a calculation for the expenditure limit to JLCB no later than 35 days prior to each
regular session. Proposed law retains present law and further requires the commissioner to
submit a list of recommendations for state general fund and designated funds to exclude
from the calculation of expenditures in relation to the expenditure limit pursuant to present
and proposed law.
Present law provides for calculation of the expenditure limit. Present law establishes a
formula to calculate the growth factor, which is a component of the expenditure limit
calculation. Proposed law retains present law. Further provides that the expenditure limit
for the ensuing fiscal year shall be the expenditure limit for the current fiscal year plus an
amount equal to that limit times the growth factor, if the growth factor is positive. Proposed
law provides that, beginning with the calculation for the 2023-2024 fiscal year and for each
calculation thereafter, the expenditure limit for the ensuing fiscal year shall be the lesser of:
(1)The sum of the total amounts appropriated by act of the legislature from the state
general fund and dedicated funds as of July first of the fiscal year in which the
calculation is made, less amounts appropriated from the state general fund and
dedicated funds that were vetoed by the governor and not overridden by the
legislature, plus the total amount of non-appropriated constitutional requirements
reflected on the most recent budget status report submitted to JLCB pursuant to
present law plus an amount equal to that sum times the growth factor, if the growth
factor is positive.
(2)The limit established by the legislature pursuant to the authority granted in present
constitution.
Present law provides that after the calculation is reviewed by JLCB, or its designated staff,
the commissioner shall determine the state general fund and designated funds to include in
the calculation of the expenditure limit in accordance with present law. Proposed law
repeals this authority and instead requires JLCB to determine which state general fund and
dedicated funds to exclude from any calculation of expenditures in relation to the
expenditure limit. Further requires the following to be included in any such calculation:
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(1)The total amount of non-appropriated constitutional requirements reflected on the
most recent budget status report submitted to the JLCB pursuant to present law.
(2)The total expenditures of monies held by the state in a fiduciary capacity, to the
extent such monies are not excluded pursuant to present law.
(3)Each expenditure of funds from an appropriation for a prior fiscal year made by
legislative act which appropriation has been carried forward into the current fiscal
year, to the extent such monies are not excluded pursuant to present law.
(Amends R.S. 39:33.1(A), (B)(1), and (C))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the
original bill:
1. Remove proposed law provision establishing the expenditure limit as the lesser
of the amount established by the legislature pursuant to present constitution or
the total amount appropriated by the legislature from the state general fund and
dedicated funds as of December first for the current fiscal year, excluding
changes to budget authority made by the commissioner of administration or the
Joint Legislative Committee on the Budget, plus an amount equal to that amount
times the growth factor if the growth factor is positive.
2. Add provision establishing the expenditure limit as the lesser of the amount
established by the legislature pursuant to present constitution or the sum of the
total amounts appropriated by act of the legislature from the state general fund
and dedicated funds as of July first of the fiscal year in which the calculation is
made, less amounts appropriated from the state general fund and dedicated funds
that were vetoed by the governor and not overridden by the legislature, plus the
total amount of non-appropriated constitutional requirements reflected on the
most recent budget status report submitted to the Joint Legislative Committee on
the Budget pursuant to present law plus an amount equal to that sum times the
growth factor, if the growth factor is positive.
3. Add requirement that certain expenditures be included in any calculation of
expenditures in relation to the expenditure limit.
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