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Regular Session, 2012
SENATE BILL NO. 82
BY SENATOR BUFFINGTON
FUNDS/FUNDING. Constitutional amendment to except the Medicaid Trust Fund for the
Elderly from certain deficit provisions. (2/3 CA13s1(A))
A JOINT RESOLUTION1
Proposing to add Article VII, Section 10(F)(4)(g) of the Constitution of Louisiana, relative2
to the expenditure of state funds; to prohibit the limited redirection and transfer of3
funds from the Medicaid Trust Fund for the Elderly in certain circumstances; and to4
specify an election for submission of the proposition to electors; and provide a ballot5
proposition.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, for8
their approval or rejection in the manner provided by law, a proposal to add Article VII,9
Section 10(F)(4)(g) of the Constitution of Louisiana, to read as follows:10
ARTICLE VII11
§10. Expenditure of State Funds12
Section 10.13
* * *14
(F) Projected Deficit.15
* * *16
(4) The provisions of Subparagraphs (1) and (2) of this Paragraph shall not17 SB NO. 82
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be applicable to, nor affect:1
* * *2
(g) The Medicaid Trust Fund for the Elderly created under the3
provisions of R.S. 46:2691 et seq.4
* * *5
Section 2. Be it further resolved that this proposed amendment shall be submitted6
to the electors of the state of Louisiana at the statewide election to be held on November 6,7
2012.8
Section 3. Be it further resolved that on the official ballot to be used at said election9
there shall be printed a proposition, upon which the electors of the state shall be permitted10
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as11
follows:12
Do you support an amendment to prohibit monies in the Medicaid Trust Fund13
for the Elderly from being used or appropriated for other purposes when14
adjustments are made to eliminate a state deficit?15
(Adds Article VII, Section 10(F)(4)(g))16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Martha S. Hess.
DIGEST
Buffington (SB 82)
Present constitution authorizes the legislature to establish a procedure to determine a
projected deficit and a method for adjusting appropriations to eliminate the deficit.
Present constitution authorizes the governor, with legislative approval, to reduce up to 5%
of appropriations or allocations from the state general fund and dedicated funds in any fiscal
year in which a deficit is projected and reductions of at least seven-tenths of 1% in
appropriations from the state general fund have already occurred. Further provides that such
reductions to the Minimum Foundation Program (MFP) shall be limited to 1% and shall not
be applicable to instructional activities.
Present constitution authorizes the legislature to reduce the monies appropriated or allocated
for mandatory expenditures or allocations by up to 5%, making those funds available for
other, nonmandatory expenditures if the official revenue forecast for the next year is at least
1% less than for the current year.
Present constitution provides that these provisions shall not be applicable to, nor affect (1)
the Bond Security and Redemption Fund or any bonds secured thereby, or any other funds
pledged as security for bonds or evidences of indebtedness; (2) the severance tax and royalty
allocations to parishes (Art. VII, §4(D) and (E)); (3) state retirement contributions; (4) the SB NO. 82
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Louisiana Education Quality Trust Fund; and (5) the Millennium Trust, except for
appropriations from the trust.
Proposed constitution amendment retains present constitution and adds the Medicaid Trust
Fund for the Elderly to the list of funds that are exempt from adjustment.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 6, 2012.
(Adds Const. Art. VII, Sec. 10(F)(4)(g))