HLS 10RS-617 ORIGINAL Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 820 BY REPRESENTATIVE ABRAMSON BUDGETARY CONTROLS: (Constitutional Amendment) Mandates full funding of postsecondary education and health care continuation budgets A JOINT RESOLUTION1 Proposing to add Article VII, Section 10(D)(4) of the Constitution of Louisiana, relative to2 the expenditure of state funds; to required certain funding for public postsecondary3 education and health care services; to prohibit the reduction of such appropriation,4 except in certain circumstances; to provide for submission of the proposed5 amendment to the electors; and to provide for related matters.6 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members7 elected to each house concurring, that there shall be submitted to the electors of the state of8 Louisiana, for their approval or rejection in the manner provided by law, a proposal to add9 Article VII, Section 10(D)(4) of the Constitution of Louisiana, to read as follows:10 §10. Expenditure of State Funds11 Section 10.12 * * *13 (D) Appropriations.14 * * *15 (4)(a) The legislature shall annually appropriate funds sufficient to fully fund16 the cost to the state to carry on all existing programs and functions for all public17 postsecondary education at the level of service provided in the prior fiscal year,18 including any adjustments necessary to account for increased costs due to inflation19 or estimated increases in costs resulting from demographic or other changes. Neither20 HLS 10RS-617 ORIGINAL HB NO. 820 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. the governor nor the legislature may reduce such appropriation, or propose to reduce1 such appropriation, except that the governor or the legislature may reduce such2 appropriation by no more than ten percent of the amount required to fully fund3 postsecondary education at the level of services in the prior fiscal year, including any4 adjustments necessary to account for increased costs due to inflation or estimated5 increases in costs resulting from demographic or other changes, provided that any6 such reduction is consented to in writing by two-thirds of the elected member of each7 house of the legislature. The legislature may provide by law for the means of8 determining expenditures which shall be considered postsecondary education and9 any changes to such law shall be by approval of two-thirds of the members of each10 house of the legislature.11 (b) The legislature shall annually appropriate funds sufficient to fully fund12 the cost to the state to carry on all existing programs and functions for all health care13 services at the level of service provided in the prior fiscal year, including any14 adjustments necessary to account for increased costs due to inflation or estimated15 increases in costs resulting from demographic or other changes. Neither the16 governor nor the legislature may reduce such appropriation, or propose to reduce17 such appropriation, except that the governor or the legislature may reduce such18 appropriation by no more than ten percent of the of the amount required to fully fund19 health care services at the level of services in the prior fiscal year, including any20 adjustments necessary to account for increased costs due to inflation or estimated21 increases in costs resulting from demographic or other changes, provided that any22 such reduction is consented to in writing by two-thirds of the elected members of23 each house of the legislature. The legislature may provide by law for the means of24 determining expenditures which shall be considered health care services, and any25 changes to such law shall be by approval of two-thirds of the members of each house26 of the legislature.27 (c) The legislature may provide by law for the means of determining the cost28 to the state to carry on all existing programs and functions at the level of service29 HLS 10RS-617 ORIGINAL HB NO. 820 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. provided in the prior fiscal year and any changes to such law shall be by approval of1 two-thirds of the members of each house of the legislature.2 * * *3 Section 2. Be it further resolved that this proposed amendment shall be submitted4 to the electors of the state of Louisiana at the statewide election to be held on November 2,5 2010.6 Section 3. Be it further resolved that on the official ballot to be used at said election7 there shall be printed a proposition, upon which the electors of the state shall be permitted8 to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall9 read as follows:10 To require full funding of postsecondary education at the level of service11 provided in the prior fiscal year, including any adjustments necessary to12 account for increased costs due to inflation or estimated increases in costs13 resulting from demographic or other changes; to require full funding of14 health care services at the level of service provided in the prior fiscal year,15 including any adjustments necessary to account for increased costs due to16 inflation or estimated increases in costs resulting from demographic or other17 changes; to permit the reduction of such appropriations by no more than ten18 percent and only with the consent of two-thirds of the elected members of19 each house of the legislature. (Adds Article VII, Section 10(D)(4))20 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)] Abramson HB No. 820 Abstract: Mandates full funding of continuation needs for postsecondary education and for health care services. Requires 2/3 legislative approval to reduce such funding and limits the reduction to 10% of the continuation level funding. Proposed constitutional amendment requires the legislature to annually appropriate funds sufficient to fully fund the cost to the state to carry on all existing programs and functions for public postsecondary education at the level of service provided in the prior fiscal year, including any adjustments necessary to account for increased costs due to inflation or estimated increases in costs resulting from demographic or other changes. HLS 10RS-617 ORIGINAL HB NO. 820 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed constitutional amendment requires the legislature to annually appropriate funds sufficient to fully fund the cost to the state to carry on all existing programs and functions for all health care services at the level of service provided in the prior fiscal year, including any adjustments necessary to account for increased costs due to inflation or estimated increases in costs resulting from demographic or other changes. Proposed constitutional amendment provides that neither the governor nor the legislature may reduce such appropriations for postsecondary education, or propose to reduce such appropriation, except by no more than 10% of the total funds appropriated, provided that any such reduction is consented to in writing by 2/3 of the elected member of each house of the legislature. Proposed constitutional amendment provides that neither the governor nor the legislature may reduce such appropriations for health care services, or propose to reduce such appropriation, except by no more than 10% of the total funds appropriated, provided that any such reduction is consented to in writing by 2/3 of the elected member of each house of the legislature. Proposed constitutional amendment provides that the legislature may provide by law for the means of determining those expenditures which shall be considered postsecondary education and health care services and for the means of determining the cost to the state to carry on all existing programs and functions at the level of service provided in the prior fiscal year. Any changes to such law require a 2/3 vote of the members of each house of the legislature. (Adds Const. Art. VII, §10(D)(4))