SLS 18RS-3382 REENGROSSED 2018 Regular Session SENATE CONCURRENT RESOL UTION NO. 101 BY SENATOR DONAHUE BUDGET PROCEDURE. Regards a budget plan that provides funding established by a standstill budget and includes priority programs. 1 A CONCURRENT RESOL UTION 2 To present a budget plan that reflects the reduction of Louisiana's sales taxes, includes the 3 impact of federal tax policy, and provides funding established by a standstill budget 4 and includes priority programs. 5 WHEREAS, the official forecast for Fiscal Year 2017-2018 incorporates the 6 collections of an entire fifth penny in sales and use tax which, when combined with other 7 sources of revenue collections, support the Fiscal Year 2017-2018 state budget enacted by 8 the Legislature of Louisiana after three sessions of deliberations, and which budget currently 9 includes funds for the scholarships for the Taylor Opportunity Program for Students, as well 10 as the delivery of services by the Louisiana Department of Health, and funding for the 11 medical schools and the public-private partnerships, all in accordance with Act 3 of the 12 Second Extraordinary Session of 2017, the general appropriations act for Fiscal Year 2017- 13 2018; and 14 WHEREAS, House Bill No. 1 of the 2018 Regular Session, the general appropriation 15 bill for Fiscal Year 2018-2019, does not contain full funding for eligibility categories for the 16 disabled and elderly under the Medicaid program, medical education, supplemental 17 Medicaid payments to the public-private partnership hospitals, the Taylor Opportunity 18 Program for Students scholarships, local housing of state prisoners, the district attorneys and Page 1 of 5 SCR NO. 101 SLS 18RS-3382 REENGROSSED 1 the assistant district attorneys, higher education base funding, and GO Grants; and 2 WHEREAS, the governor of Louisiana, in accordance with the Constitution of 3 Louisiana presented a Fiscal Year 2018-2019 executive budget allocating only those 4 revenues contained in the then current official forecast of the Revenue Estimating 5 Conference which totaled $8.6 billion; and 6 WHEREAS, the standstill budget for Fiscal Year 2018-2019, as modified for the 7 inclusion of additional means of financing, would total $9.75 billion; and 8 WHEREAS, the governor identified approximately $995.4 million in expenditures 9 that did not receive funding in his executive budget that, if funded, would bring his budget 10 to $9.5 billion which is less than a modified standstill budget; and 11 WHEREAS, the programs and amounts which did not receive funding in the 12 executive budget are, as follows: 13 Program State Portion of Unfunded FY 2019 Cost 14 LDH-Mostly Medicaid $ 656,612,820 15 TOPS Program $ 233,342,683 16 Local Housing/State Prisoners $ 40,408,330 17 District Attorneys/Assistant District Attys $ 26,314,182 18 Higher Education Base Funding $ 25,680,922 19 Go Grants $ 13,000,000 20 TOTAL $ 995,358,937 21 WHEREAS, if the Louisiana Department of Health does not receive the amount of 22 funding set forth above, many, if not all, of the public-private partnerships have indicated 23 that they will terminate their agreements with the state, which will eliminate their 24 responsibility to make lease payments to the state which will result in a loss of state revenues 25 and economic activity and cause fiscal instability; and 26 WHEREAS, since the time the Executive Budget was submitted to the legislature, 27 the Revenue Estimating Conference increased the official forecast by $346 million as a 28 result of changes in federal tax policies, thereby reducing the projected deficit for Fiscal 29 Year 2018-2019 to $650 million. 30 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana can consider Page 2 of 5 SCR NO. 101 SLS 18RS-3382 REENGROSSED Penny Cleaning-Existing Levies 4% Rate 1 reducing the current collection of five pennies of sales and use tax by the state to four and 2 one-half cents, or some portion thereof, which would reduce the tax burden on the citizens 3 of the state and yet maintain a portion of the sales tax by generating approximately $402 4 million of the original $806 million, and further closing the gap between the estimated Fiscal 5 Year 2018-2019 revenues and expenditures. 6 BE IT FURTHER RESOLVED by the Legislature of Louisiana that it shall continue 7 to work together with the governor to identify additional expenditure reductions in the 8 standstill budget where possible and revenue reduction options: 9 Revenue Source Current Tax Paid Savings from Tax Reduction 10 5 th Penny $ 904 Million 11 Reduce Penny Tax by 3/4 $ 678 Million 12 Reduce Penny Tax by ½ $ 452 Million 13 Reduce Penny Tax by 1/4 $ 226 Million 14 BE IT FURTHER RESOLVED that the Legislature of Louisiana may consider sales 15 and use tax exemptions and exclusions, currently provided by law, as follows: 16 17 Retain limited 18 exemptions and exclusions on R.S. 47:302 2% sales tax levy 19 (HB 25 2018 1 st ES) 20 *MM&E is currently exempt from this levy 21 *Nonresidential utilities are taxable under this levy $149 Million/year 22 Existing limited exemptions and exclusions on the R.S. 23 47:321 1% sales tax levy 24 *MM&E is currently taxable under the levy 25 *Nonresidential utilities are exempt $29 Million/year Page 3 of 5 SCR NO. 101 SLS 18RS-3382 REENGROSSED 1 Existing limited exemptions and exclusions on the R.S. 2 47:331 1% sales tax levy 3 *MM&E is currently exempt from this levy 4 *Nonresidential utilities are exempt after nine months of FY 5 2019 $12 Million in FY19 $49 Million in FY 20 6 BE IT FURTHER RESOLVED by the Legislature of Louisiana that standstill 7 requirements shall be in effect for all expenditures contained in HB 1, and the following 8 reductions to Incentive Expenditures below shall achieve a standstill budget for Fiscal Year 9 2019-2020 and thereafter, which reductions shall be achieved through creating maximum 10 expenditure authority for each program until otherwise authorized, as follows: 11 Maintain Standstill Incentive Expenditure 12 Budget Limitation on Program Based on FY 2018 Savings to further replace remaining portion of the 5 th Penny 13 Atchafalaya Trace Heritage Area Development Zone 14 Cane River Heritage Tax Credit 15 Tax Credit for Rehabilitation of Historic Structures$61,587,240$16,412,760 16 Brownfields Investor Tax Credit $31,583 $8,417 17 Louisiana Community Economic Development Act 18 Port of Louisiana Tax Credits 19 Motion Picture Investor Tax Credit $142,124,400$37,875,600 20 Research and Development Tax Credit $6,316,640$1,683,360 21 Digital Interactive Media and Software Act $23,687,400$6,312,600 22 Louisiana Motion Picture Incentive Act 23 New Markets Tax Credit $789,580 $210,420 24 University Research and Development Parks 25 Industrial Tax Equalization Program $3,158,320$841,680 26 Exemptions for Manufacturing Establishments 27 Louisiana Enterprise Zone Act $31,583,200$8,416,800 28 Sound Recording Investor Tax Credit $157,916 $42,084 Page 4 of 5 SCR NO. 101 SLS 18RS-3382 REENGROSSED 1 Urban Revitalization Tax Incentive Program 2 Technology Commercialization Credit and Jobs 3 Program $78,958 $21,042 4 Angel Investor Tax Credit Program $1,579,160$420,840 5 Musical and Theatrical Productions Income Tax 6 Credit $6,158,724$1,641,276 7 Retention and Modernization Act $3,947,900$1,052,100 8 Tax Credit for Green Jobs Industries 9 Louisiana Quality Jobs Program Act $78,958,000$21,042,000 10 Corporate Headquarters Relocation Program 11 Competitive Projects Payroll Incentive Program $315,832 $84,168 12 Louisiana Capital Companies Tax Credit Program 13 Procurement Processing Company Rebate Program $9,080,170$2,419,830 14 Rebates for Donations to School Tuition 15 Organizations $5,684,976$1,515,024 16 TOTAL $375,240,000$100,000,000 17 BE IT FURTHER RESOLVED that the Legislature of Louisiana shall endeavor to 18 allocate all revenue adjustments recognized since January 1, 2018, in a manner that ensures 19 stability to the citizens of the state by funding for eligibility categories for the disabled and 20 elderly under the Medicaid program, medical education, supplemental Medicaid payments 21 to the public-private partnership hospitals, the Taylor Opportunity Program for Students 22 scholarships, local housing of state prisoners, the district attorneys and the assistant district 23 attorneys, higher education base funding, and GO Grants. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Martha S. Hess. DIGEST SCR 101 Reengrossed 2018 Regular Session Donahue Regards a budget plan that provides funding established by a standstill budget and includes priority programs. Page 5 of 5