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words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 111
BY SENATOR ADLEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FUNDS/FUNDING. Constitutional amendment to provide for thresholds at which certain
funds and allocations are subject to reduction or transfer to eliminate a projected deficit in
a fiscal year. (2/3 - CA13sl(A))
A JOINT RESOLUTION1
Proposing to add Article VII, Section 10(F)(4)(h) and to amend Article VII, Section2
10(F)(2)(a) of the Constitution of Louisiana, relative to the expenditure of state3
funds; to provide for the procedures to eliminate a projected deficit in a fiscal year;4
to exclude the Transportation Trust Fund from funds subject to adjustments in the5
event of a projected deficit; to provide for related matters; and to specify an election6
for submission of the proposition to electors and provide a ballot proposition.7
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members8
elected to each house concurring, that there shall be submitted to the electors of the state, for9
their approval or rejection in the manner provided by law, a proposal to add Article VII,10
Section 10(F)(4)(h) and to amend Article VII, Section 10(F)(2)(a) of the Constitution of11
Louisiana, to read as follows:12
ยง10. Expenditure of State Funds13
* * *14
(F) Projected Deficit.15
* * *16
(2)(a) Notwithstanding any other provision of this constitution to the17 SB NO. 111
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words in boldface type and underscored are additions.
contrary, adjustments to any constitutionally protected or mandated allocations or1
appropriations, and transfer of monies associated with such adjustments, are2
authorized when state general fund allocations or appropriations have been reduced3
in an aggregate amount equal to at least seven-tenths of one percent of the total of4
such allocations and appropriations for a fiscal year. Thereafter, any reductions5
necessary to eliminate a deficit in a fiscal year shall be accomplished to require6
the same pro rata reduction to any constitutionally protected or mandated7
allocations or appropriations, and transfer of monies associated with such8
adjustments, as well as to any fund established by law, and transfer of monies9
associated with such reductions, as shall be done to the state general fund10
allocations or appropriations to eliminate the projected deficit. Such11
adjustments may not exceed five percent of the total appropriation or allocation from12
a fund for the fiscal year. For purposes of this Subsubparagraph, reductions to13
expenditures required by Article VIII, Section 13(B) of this constitution shall not14
exceed one percent and such reductions shall not be applicable to instructional15
activities included within the meaning of instruction pursuant to the Minimum16
Foundation Program formula. Notwithstanding any other provisions of this17
constitution to the contrary, monies transferred as a result of such budget adjustments18
are deemed available for appropriation and expenditure in the year of the transfer19
from one fund to another, but in no event shall the aggregate amount of any transfers20
exceed the amount of the deficit.21
* * *22
(4) The provisions of Subparagraphs (1) and (2) of this Paragraph shall not23
be applicable to, nor affect:24
* * *25
(h) The Transportation Trust Fund as created under the provisions of26
Article VII, Section 27 of this constitution.27
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Section 2. Be it further resolved that this proposed amendment shall be submitted29 SB NO. 111
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to the electors of the state of Louisiana at the statewide election to be held on November 4,1
2014.2
Section 3. Be it further resolved that on the official ballot to be used at said election3
there shall be printed a proposition, upon which the electors of the state shall be permitted4
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as5
follows:6
Do you support an amendment to provide that after state general fund7
appropriations or allocations have been reduced by seven-tenths of one8
percent to eliminate a projected deficit in a fiscal year, any further reductions9
shall require the same pro rata reduction to any constitutionally protected or10
mandated allocations or appropriations and any fund established by law as11
shall be done to the state general fund allocations or appropriations to12
eliminate the projected deficit; and to exclude the Transportation Trust Fund13
from funds subject to adjustments in the event of a projected deficit?14
(Adds Article VII, Section 10(F)(4)(h) and amends Article VII, Section15
10(F)(2)(a))16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jay R. Lueckel.
DIGEST
Present constitution provides that notwithstanding any other provision of this constitution
to the contrary, adjustments to any constitutionally protected or mandated allocations or
appropriations, and transfer of monies associated with such adjustments, are authorized
when state general fund allocations or appropriations have been reduced in an aggregate
amount equal to at least seven-tenths of one percent of the total of such allocations and
appropriations for a fiscal year.
Proposed constitutional amendment provides that, thereafter, any reductions necessary to
eliminate a deficit in a fiscal year shall be done to require the same pro rata reduction to any
constitutionally protected or mandated allocations or appropriations, and transfer of monies
associated with such adjustments, as well as to any fund established by law, and transfer of
monies associated with such reductions, as shall be done to the state general fund allocations
or appropriations to eliminate the projected deficit.
Present constitution further provides that such adjustments may not exceed five percent of
the total appropriation or allocation from a fund for the fiscal year. Reductions to
expenditures required the Minimum Foundation Formula shall not exceed one percent and
such reductions shall not be applicable to instructional activities included within the meaning
of instruction pursuant to the Minimum Foundation Program formula. Notwithstanding any
other provisions of this constitution to the contrary, monies transferred as a result of such SB NO. 111
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words in boldface type and underscored are additions.
budget adjustments are deemed available for appropriation and expenditure in the year of
the transfer from one fund to another, but in no event shall the aggregate amount of any
transfers exceed the amount of the deficit.
Proposed constitutional amendment retains present constitutional provisions.
Present constitution provides for six exceptions from the provisions relative to allocations
or appropriations subject to adjustments in the event of a projected deficit.
Proposed constitutional amendment extends an exception to the Transportation Trust Fund.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 4, 2014.
(Adds Art. VII, Sec. 10(F)(4)(h) and amends Art. VII, Sec. 10(F)(2)(a))