SLS 161ES-27 ORIGINAL 2016 First Extraordinary Session SENATE CONCURRENT RESOL UTION NO. 2 BY SENATORS MORRELL, ALARIO AND LAFLEUR FUNDS/FUNDING. Provides relative to the Budget Stabilization Fund. (2/3 - CA7s10.3(C)(2)) 1 A CONCURRENT RESOL UTION 2 To make available for appropriation from the Budget Stabilization Fund the sum of 3 $128,459,663.85 not to exceed one-third of the balance of the Budget Stabilization 4 Fund as of the beginning of Fiscal Year 2015-2016, due to the second reduction of 5 the revenue forecast for the current fiscal year in the amount of $577,300,000 as 6 adopted by the Revenue Estimating Conference at its meeting on February 10, 2016, 7 and as recognized by the Joint Legislative Committee on the Budget at its meeting 8 on February 13, 2016. 9 WHEREAS, Article VII, Section 10.3 of the Constitution of Louisiana establishes 10 the Budget Stabilization Fund in the state treasury and in Subparagraph (C)(2) thereof 11 provides that if a deficit for the current fiscal year is projected due to a decrease in the 12 official forecast, an amount equal to one-third of the fund not to exceed the projected deficit 13 may be appropriated after the consent of two-thirds of the elected members of each house 14 of the legislature; and 15 WHEREAS, Article VII, Section 10.3(C)(3) of the Constitution of Louisiana 16 provides that in no event shall the amount included in the official forecast for the next fiscal 17 year plus the amount appropriated in the current fiscal year exceed one-third of the fund 18 balance at the beginning of the current fiscal year; and Page 1 of 3 SCR NO. 2 SLS 161ES-27 ORIGINAL 1 WHEREAS, the balance in the Budget Stabilization Fund as of July 1, 2015, was 2 $469,872,014.56, and one-third of such balance was $156,624,004.85, which is the 3 maximum amount of the Budget Stabilization Fund available for appropriation for Fiscal 4 Year 2015-2016 to address a projected deficit; and 5 WHEREAS, on November 16, 2015, the Revenue Estimating Conference met and 6 adopted a reduction in the Official Forecast for the current fiscal year in the amount of $370 7 million, which was announced on the Fiscal Status Statement presented to the Joint 8 Legislative Committee on the Budget on November 20, 2015; and 9 WHEREAS, the former governor implemented a deficit reduction plan in November 10 of 2015 to address the November reduction in the Official Forecast of $370 million and the 11 prior year's deficit of $117 million; and 12 WHEREAS, pursuant to a mail ballot, on December 9, 2015, more than two-thirds 13 of the membership of each house of the legislature approved $28,164,341 from the Budget 14 Stabilization Fund being made available for appropriation to satisfy the budget deficit; and 15 WHEREAS, during the current fiscal year the state of Louisiana has experienced a 16 severe financial crisis due to many factors including declining revenues because of the 17 national decline in the prices of oil and gas and decreased collections of corporate income 18 and franchise tax, individual income tax, sales and use tax, and royalty revenues, causing 19 corresponding decreases in the official forecasts of the Revenue Estimating Conference; and 20 WHEREAS, in addition to declining revenues the state has experienced expenditure 21 shortfalls in the current fiscal year which total over $370 million which are mostly 22 attributable to shortfalls in the Medicaid program, the Louisiana Taylor Opportunity 23 Program for Students (TOPS), the Minimum Foundation Program, and the Department of 24 Corrections for local housing of state adult prisoners; and 25 WHEREAS, on February 10, 2016, the Revenue Estimating Conference met and 26 reduced the Fiscal Year 2015-2016 Official Forecast by $570.1 million; and 27 WHEREAS, on February 13, 2016, the Joint Legislative Committee on the Budget 28 met and recognized for the current year an operating deficit of approximately $570,064,000 29 and unfunded shortfalls of approximately $373.5 million; and 30 WHEREAS, the options to eliminate the budget deficit in the last four months of the Page 2 of 3 SCR NO. 2 SLS 161ES-27 ORIGINAL 1 fiscal year are significantly reduced, thereby leading to the request to use $128,459,663.85 2 from the Budget Stabilization Fund for the purposes for which it is intended; and 3 WHEREAS, subsequent to obtaining the consent of two-thirds of the elected 4 members of each house of the legislature for the use of $128,459,663.85 from the Budget 5 Stabilization Fund, the legislature shall appropriate such amount for use in Fiscal Year 2015- 6 2016. 7 THEREFORE, BE IT RESOLVED that pursuant to Article VII, Section 10.3 of the 8 Constitution of Louisiana and R.S. 39:94, the Legislature of Louisiana does hereby consent 9 to make available for appropriation from the Budget Stabilization Fund the sum of 10 $128,459,663.85 not to exceed one-third of the balance of the Budget Stabilization Fund as 11 of July 1, 2015, due to the second reduction of the revenue forecast for the current fiscal year 12 in the amount of $570.1 million as adopted by the Revenue Estimating Conference at its 13 meeting on February 10, 2016, and recognized by the Joint Legislative Committee on the 14 Budget at its meeting on February 13, 2016. 15 BE IT FURTHER RESOLVED that the treasurer is directed, after complying with 16 the provisions of Article VII , Section 9(B) of the Constitution of Louisiana relative to the 17 allocation of monies to the Bond Security and Redemption Fund, to take the appropriate 18 steps to transfer $128,459,663.85 from the Budget Stabilization Fund to the state general 19 fund. 20 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the 21 treasurer. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Martha S. Hess. DIGEST SCR 2 Original 2016 First Extraordinary Session Morrell Provides legislative consent to make available for appropriation from the Budget Stabilization Fund the sum of $128,459,663.85 not to exceed one-third of the balance of the Budget Stabilization Fund, due to the reduction of the revenue forecast for the current fiscal year in the amount of $570.1 million as adopted by the Revenue Estimating Conference at its meeting on February 10, 2016 and recognized by the Joint Legislative Committee on the Budget at its meeting on February 13, 2016. Page 3 of 3