La. Stat. tit. 39 § 33.3

Current with changes from the 2024 3rd Extraordinary Session
Section 39:33.3 - [See Note] Determination of Government Growth Limit
A. The Government Growth Limit, hereafter referred to in this Section as the "growth limit", shall be established by the Revenue Estimating Conference no later than the first quarter of each calendar year for the next fiscal year and is a limit above which appropriation of recurring revenue from the State General Fund (Direct) means of finance shall be made only for the purposes provided in this Section. The commissioner of administration shall cause a calculation of the ensuing year's growth limit to be submitted to the Revenue Estimating Conference each year for the conference's consideration and adoption.
B. After adoption by the Revenue Estimating Conference, the chairman of the conference shall cause the growth limit for the ensuing fiscal year to be submitted to the Joint Legislative Committee on the Budget by the deadline for submission of the executive budget to such committee.
C.
(1) If the growth factor provided in this Paragraph is positive, the growth limit for the ensuing fiscal year shall be calculated as the sum of the base plus the result of the base times the growth factor in accordance with the following provisions:
(a) The growth factor shall only be applied to the base once for each annual calculation and shall equal the sum of the following:
(i) The average annual percentage rate of change in population for Louisiana, as defined and reported by the United States Department of Commerce, or its successor agency, for the five calendar years prior to the fiscal year for which the limit is calculated.
(ii) The average of the following:
(aa) The average annual percentage rate of change through December of the chained consumer price index for the United States as defined and reported by the United States Department of Labor, Bureau of Labor Statistics, or its successor agency, for the five calendar years prior to the fiscal year for which the limit is calculated.
(bb) The average annual percentage rate of change through December of the chained consumer medical care price index for the United States as defined and reported by the United States Department of Labor, Bureau of Labor Statistics, or its successor agency, for the five calendar years prior to the fiscal year for which the limit is calculated.
(b) The figures used for the calculation of the growth factor shall be those actual or estimated figures most recently reported at the time the growth limit is adopted by the Revenue Estimating Conference.
(c) The base shall be the total of appropriations for recurring expenses from the State General Fund (Direct) means of finance for the immediately prior fiscal year; however, the base shall not include any appropriations made pursuant to Subsection D of this Section.
(2) If the growth factor provided in Paragraph (1) of this Subsection is negative, the growth limit for the ensuing fiscal year shall be equal to the base, as defined in Paragraph (1) of this Subsection.
D. Recurring revenue amounts recognized in the official forecast above the growth limit and below the expenditure limit shall be appropriated only for nonrecurring expenses. For the purposes of this Subsection, 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.
(E) The limit calculated pursuant to the provisions of this Subparagraph shall not apply to the appropriation of the following state funds:
(1) Any funds originating from the federal government.
(2) Any funds being transferred among state agencies, colleges, universities, boards, or commissions.
(3) Any funds originating from self-generated collections by a state agency, college, university, board or commission.
(4) Any funds originating from a statutorily or constitutionally dedicated fund.
(5) Any funds from the Budget Stabilization Fund incorporated into the official forecast for the current fiscal year.
(6) Any funds appropriated as a result of a means of financing substitution resulting in an increase in the State General Fund (Direct) means of finance to compensate for a decrease in federal funding, funds transferred from another state entity, self-generated collections, or statutorily or constitutionally dedicated funds.
(7) Any funds appropriated or allocated that are excluded from the analysis of appropriation totals in relation to the expenditure limit.

La. R.S. § 39:33.3

Added by Acts 2024EX3, No. 14,s. 1, eff. .