HLS 243ES-3 ORIGINAL 2024 Third Extraordinary Session HOUSE BILL NO. 14 BY REPRESENTATIVE GEYMANN AND SENATOR HENSGENS APPROPRIATIONS: (Constitutional Amendment) Limits the amount of money that may be appropriated in a fiscal year (Item #14) 1 A JOINT RESOLUTION 2Proposing to amend Article VII, Sections 10(C) and (E) and 11(A) of the Constitution of 3 Louisiana, relative to state finances; to provide for calculation of a limit above which 4 certain funds may only be appropriated for certain purposes; to provide for 5 exceptions; to authorize the legislature to change the limit in certain circumstances; 6 to provide for the establishment of an initial limit; to provide relative to the duties 7 of the governor with respect to state finances; to provide with respect to the powers 8 and duties of the Revenue Estimating Conference; 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, Sections 10(C) and (E) and 11(A) of the Constitution of Louisiana, to 13read as follows: 14 §10. Expenditure of State Funds 15 Section 10. 16 * * * 17 (C) Expenditure Limit. and Government Growth Limits. (1) Expenditure 18 Limit. (a) The legislature shall provide for the determination of an expenditure limit 19 for each fiscal year to be established during the first quarter of the calendar year for 20 the next fiscal year. However, the expenditure limit for the 1991-1992 Fiscal Year Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 243ES-3 ORIGINAL HB NO. 14 1 shall be the actual appropriations from the state general fund and dedicated funds for 2 that year except funds allocated by Article VII, Section 4, Paragraphs (D) and (E). 3 For subsequent fiscal years, the limit shall not exceed the expenditure limit for the 4 current fiscal year plus an amount equal to that limit times a positive growth factor. 5 The growth factor is the average annual percentage rate of change of personal 6 income for Louisiana as defined and reported by the United States Department of 7 Commerce for the three calendar years prior to the fiscal year for which the limit is 8 calculated. 9 (2) (b) The expenditure limit may be changed in any fiscal year by a 10 favorable vote of two-thirds of the elected members of each house. Any such change 11 in the expenditure limit shall be approved by passage of a specific legislative 12 instrument which clearly states the intent to change the limit. 13 (3) (c) Beginning with the 1995-1996 Fiscal Year, the expenditure limit shall 14 be determined in accordance with the provisions of Paragraph (J) of this Section. 15 The redetermination of the expenditure limit for each fiscal year from the 1991-1992 16 Fiscal Year through the 1994-1995 Fiscal Year shall only be used in computing the 17 expenditure limit for the 1995-1996 Fiscal Year and shall not affect the expenditure 18 limit already computed in accordance with this Paragraph for such fiscal years. 19 (4) The provisions of this Paragraph shall not apply to or affect funds 20 allocated by Article VII, Section 4, Paragraphs (D) and (E). 21 (2) Government Growth Limit. (a) Beginning with a limit for the 2026- 22 2027 fiscal year, there shall be a limit for each fiscal year above which appropriation 23 of recurring revenue from the state general fund and dedicated funds can only be 24 made for the purposes provided in this Subparagraph. Such limit shall be known as 25 the Government Growth Limit and shall be established by the Revenue Estimating 26 Conference during the first quarter of the calendar year for the next fiscal year. The 27 legislature shall establish procedures by law for the calculation of such limit. 28 (b) Notwithstanding any provision of this Subparagraph, if the Government 29 Growth Limit calculated for any fiscal year exceeds the expenditure limit calculated Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 243ES-3 ORIGINAL HB NO. 14 1 for the same fiscal year, the Government Growth Limit shall be set equal to the 2 expenditure limit. If the legislature alters the expenditure limit in a fiscal year and 3 the resulting limit is lower than the Government Growth Limit for that fiscal year, 4 the Government Growth Limit for that fiscal year shall automatically be lowered to 5 equal the limit set by the legislature for the expenditure limit. 6 (c) Recurring revenue amounts recognized in the official forecast above the 7 Government Growth Limit and below the expenditure limit may be appropriated 8 only for nonrecurring expenses. For the purposes of this Item, the term 9 "nonrecurring expense" means an expense that is not of a continuing or recurring 10 character and that in the normal course of administration is not expected to be 11 necessary in approximately the same amounts each year. 12 (d) The limit calculated pursuant to the provisions of this Subparagraph shall 13 not apply to the appropriation of funds from the Budget Stabilization Fund 14 incorporated into the official forecast for the current fiscal year. 15 (e) A Government Growth Limit may be changed by a favorable vote of 16 two-thirds of the elected members of each house of the legislature if each of the 17 growth factors for the two fiscal years immediately preceding the year to be changed 18 was two percent or less. Any change in the Government Growth Limit authorized 19 by this Subsubparagraph shall be approved by passage of a specific legislative 20 instrument which clearly states the intent to change the limit. 21 (3) The provisions of this Paragraph shall not apply to or affect funds 22 allocated by Article VII, Section 4, Paragraphs (D) and (E). 23 * * * 24 (E) Balanced Budget. Appropriations by the legislature from the state 25 general fund and dedicated funds for any fiscal year year, except funds allocated by 26 Article VII, Section 4, Paragraphs (D) and (E), shall not exceed the official forecast 27 in effect at the time the appropriations are made. Appropriations of recurring 28 revenue from the state general fund and dedicated funds, shall comply with the 29 provisions of Subparagraph (C)(2) of this Section. 30 * * * Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 243ES-3 ORIGINAL HB NO. 14 1 §11. Budgets 2 Section 11.(A) Budget Estimate. The governor shall submit to the 3 legislature, at the time and in the form fixed by law, a budget estimate for the next 4 fiscal year setting forth all proposed state expenditures. This budget shall include 5 a recommendation for appropriations from the state general fund and from dedicated 6 funds, except funds allocated by Article VII, Section 4, Paragraphs (D) and (E), 7 which shall not exceed the official forecast of the Revenue Estimating Conference 8 and the expenditure limit for the fiscal year. The recommendation shall also comply 9 with the provisions of Article VII, Section Sections 10(C)(2) and (D). This budget 10 shall include a recommendation for funding of state salary supplements for full-time 11 law enforcement and fire protection officers of the state, as provided in Article VII, 12 Section 10(D)(3) of this constitution. 13 * * * 14 Section 2. Notwithstanding any provision of this Act to the contrary, the 15Government Growth Limit for the 2026-2027 Fiscal Year shall equal the base, plus the 16product of such amount and three percent. For the purposes of this Section, "the base" shall 17mean the total of appropriations for recurring expenses from the state general fund and 18dedicated funds for the immediately prior fiscal year; however, the base shall not include any 19appropriation or allocation excluded from analysis of appropriation totals in relation to the 20expenditure limit. 21 Section 3. Be it further resolved that this proposed amendment shall be submitted 22to the electors of the state of Louisiana at the statewide election to be held on March 29, 232025. 24 Section 4. Be it further resolved that on the official ballot to be used at the election, 25there shall be printed a proposition, upon which the electors of the state shall be permitted 26to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as 27follows: 28 Do you support an amendment to require the legislature to establish a 29 procedure for the calculation of a limit to restrict any increase in the amount Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 243ES-3 ORIGINAL HB NO. 14 1 of recurring revenue the legislature may appropriate from state general fund 2 and dedicated funds in any fiscal year; to provide restrictions on use of 3 monies available for appropriation in excess of such limit; to authorize 4 exceptions to the limit in certain circumstances; and to require the governor's 5 proposed budget each year to conform to such limit? (Amends Article VII, 6 Sections 10(C) and (E) and 11(A)) 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 14 Original 2024 Third Extraordinary Session Geymann Abstract: Beginning with Fiscal Year 2026-2027, establishes the Government Growth Limit ("growth limit") to restrict the growth in the total amount of recurring state general fund and dedicated fund monies the legislature may appropriate in any fiscal year. Present constitution (Art. VII, §10) requires the legislature to provide for the determination of an expenditure limit for each fiscal year for state general fund and dedicated fund appropriations. Proposed constitutional amendment retains present constitution. Proposed constitutional amendment (Art. VII, §10) further establishes the growth limit for Fiscal Year 2026-2027 and for each fiscal year thereafter. Except in certain limited circumstances provided in proposed constitutional amendment, prohibits spending of recurring revenues above such limit. Requires the Revenue Estimating Conference to adopt a growth limit during the first quarter of the calendar year for the ensuing fiscal year. Further requires the legislature to provide by law for a procedure to calculate such limit. Additionally provides that the initial growth limit (for Fiscal Year 2026-2027) shall equal the appropriations for recurring expenses from the state general fund and dedicated funds for Fiscal Year 2024-2025 plus the product of such amount and three percent. Proposed constitutional amendment requires that if the growth limit calculated for any fiscal year exceeds the expenditure limit calculated for the same fiscal year, the growth limit shall be equal to the expenditure limit for that fiscal year. Additionally provides that if the legislature lowers the expenditure limit in a fiscal year and the resulting limit is lower than the growth limit for that fiscal year, the growth limit for that fiscal year is automatically lowered to equal the expenditure limit set by the legislature. Proposed constitution restricts appropriation of recurring revenue amounts recognized in the official forecast above the growth limit and below the expenditure limit to nonrecurring expenses. For the purposes of proposed constitutional amendment, the term "nonrecurring expense" means an expense that is not of a continuing or recurring character and that in the normal course of administration is not expected to be necessary in approximately the same amounts each year. Proposed constitutional amendment provides that the growth limit does not apply to the appropriation of funds from the Budget Stabilization Fund incorporated into the official forecast for the current fiscal year. Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 243ES-3 ORIGINAL HB NO. 14 Further authorizes the legislature to change a growth limit by a favorable vote of two-thirds of the elected members of each house if each of the growth factors for the two fiscal years immediately preceding the year to be changed was two percent or less. Requires any change to the limit be approved by passage of a specific legislative instrument which clearly states the intent to change the limit. Proposed constitutional amendment exempts certain severance and royalty payments made pursuant to present constitution (Art. VII, §4(D) and (E)) from the provisions of proposed constitutional amendment. Present constitution prohibits appropriations from the state general fund and dedicated funds for any fiscal year from exceeding the official forecast in effect at the time the appropriations are made. Proposed constitutional amendment retains present constitution. Further requires appropriations of recurring revenues to comply with the provisions of proposed constitutional amendment regarding the growth limit. Present constitution (Art. VII, Sec. 11(A)) establishes timing and content requirements for the governor's annual proposed budget. Prohibits the proposed budget from exceeding the official forecast and the expenditure limit for the fiscal year being appropriated. Proposed constitutional amendment retains present constitution. Present constitution requires the proposed budget to comply with the provisions of present constitution regarding use of nonrecurring revenues. Proposed constitutional amendment also requires the proposed budget to comply with the provisions of the growth limit. Provides for submission of the proposed amendment to the voters at the statewide election to be held March 29, 2025. (Amends Const. Art. VII, §§10(C) and (E) and 11(A)) Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions.