2018 Regular Session ENROLLED SENATE RESOLUTION NO. 178 BY SENATOR DONAHUE A RESOLUTION To present a budget plan that reflects the reduction of Louisiana's sales taxes, includes the impact of federal tax policy, and provides funding established by a standstill budget and includes priority programs. WHEREAS, the official forecast for Fiscal Year 2017-2018 incorporates the collections of an entire fifth penny in sales and use tax which, when combined with other sources of revenue collections, support the Fiscal Year 2017-2018 state budget enacted by the Legislature of Louisiana after three sessions of deliberations, and which budget currently includes funds for the scholarships for the Taylor Opportunity Program for Students, as well as the delivery of services by the Louisiana Department of Health, and funding for the medical schools and the public-private partnerships, all in accordance with Act 3 of the Second Extraordinary Session of 2017, the general appropriations act for Fiscal Year 2017- 2018; and WHEREAS, House Bill No. 1 of the 2018 Regular Session, the general appropriation bill for Fiscal Year 2018-2019, does not contain full funding for eligibility categories for the disabled and elderly under the Medicaid program, medical education, supplemental Medicaid payments to the public-private partnership hospitals, the Taylor Opportunity Program for Students scholarships, local housing of state prisoners, the district attorneys and the assistant district attorneys, higher education base funding, and GO Grants; and WHEREAS, the governor of Louisiana, in accordance with the Constitution of Louisiana presented a Fiscal Year 2018-2019 executive budget allocating only those revenues contained in the then current official forecast of the Revenue Estimating Conference which totaled $8.6 billion; and Page 1 of 5 SR NO. 178 ENROLLED WHEREAS, the standstill budget for Fiscal Year 2018-2019, as modified for the inclusion of additional means of financing, would total $9.75 billion; and WHEREAS, the governor identified approximately $995.4 million in expenditures that did not receive funding in his executive budget that, if funded, would bring his budget to $9.5 billion which is less than a modified standstill budget; and WHEREAS, the programs and amounts which did not receive funding in the executive budget are, as follows: Program State Portion of Unfunded FY 2019 Cost LDH-Mostly Medicaid $ 656,612,820 TOPS Program $ 233,342,683 Local Housing/State Prisoners $ 40,408,330 District Attorneys/Assistant District Attys $ 26,314,182 Higher Education Base Funding $ 25,680,922 Go Grants $ 13,000,000 TOTAL $ 995,358,937 WHEREAS, if the Louisiana Department of Health does not receive the amount of funding set forth above, many, if not all, of the public-private partnerships have indicated that they will terminate their agreements with the state, which will eliminate their responsibility to make lease payments to the state which will result in a loss of state revenues and economic activity and cause fiscal instability; and WHEREAS, since the time the Executive Budget was submitted to the legislature, the Revenue Estimating Conference increased the official forecast by $346 million as a result of changes in federal tax policies, thereby reducing the projected deficit for Fiscal Year 2018-2019 to $650 million. THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana can consider reducing the current collection of five pennies of sales and use tax by the state to four and one-half cents, or some portion thereof, which would reduce the tax burden on the citizens of the state and yet maintain a portion of the sales tax by generating approximately $402 million of the original $806 million, and further closing the gap between the estimated Fiscal Year 2018-2019 revenues and expenditures. Page 2 of 5 SR NO. 178 ENROLLED Penny Cleaning-Existing Levies 4% Rate BE IT FURTHER RESOLVED that the Senate of the Legislature of Louisiana shall continue to work with the House of Representatives and the governor to identify additional expenditure reductions in the standstill budget where possible and revenue reduction options: Revenue Source Current Tax Paid Savings from Tax Reduction 5 th Penny $ 904 Million Reduce Penny Tax by 3/4 $ 678 Million Reduce Penny Tax by ½ $ 452 Million Reduce Penny Tax by 1/4 $ 226 Million BE IT FURTHER RESOLVED that the Senate of the Legislature of Louisiana may consider sales and use tax exemptions and exclusions, currently provided by law, as follows: Retain limited exemptions and exclusions on R.S. 47:302 2% sales tax levy (HB 25 2018 1 st ES) *MM&E is currently exempt from this levy *Nonresidential utilities are taxable under this levy $149 Million/year Existing limited exemptions and exclusions on the R.S. 47:321 1% sales tax levy *MM&E is currently taxable under the levy *Nonresidential utilities are exempt $29 Million/year Existing limited exemptions and exclusions on the R.S. 47:331 1% sales tax levy *MM&E is currently exempt from this levy *Nonresidential utilities are exempt after nine months of FY 2019 $12 Million in FY 19 $49 Million in FY 20 BE IT FURTHER RESOLVED that standstill requirements shall be in effect for all expenditures contained in HB 1, and the following reductions to Incentive Expenditures below shall achieve a standstill budget for Fiscal Year 2019-2020 and thereafter, which reductions shall be achieved through creating maximum expenditure authority for each program until otherwise authorized, as follows: Page 3 of 5 SR NO. 178 ENROLLED Maintain Standstill Incentive Expenditure Budget Limitation on Program Based on FY 2018 Savings to further replace remaining portion of the 5 th Penny Atchafalaya Trace Heritage Area Development Zone Cane River Heritage Tax Credit Tax Credit for Rehabilitation of Historic Structures$61,587,240$16,412,760 Brownfields Investor Tax Credit $31,583 $8,417 Louisiana Community Economic Development Act Port of Louisiana Tax Credits Motion Picture Investor Tax Credit $142,124,400$37,875,600 Research and Development Tax Credit $6,316,640$1,683,360 Digital Interactive Media and Software Act $23,687,400$6,312,600 Louisiana Motion Picture Incentive Act New Markets Tax Credit $789,580 $210,420 University Research and Development Parks Industrial Tax Equalization Program $3,158,320$841,680 Exemptions for Manufacturing Establishments Louisiana Enterprise Zone Act $31,583,200$8,416,800 Sound Recording Investor Tax Credit $157,916 $42,084 Urban Revitalization Tax Incentive Program Technology Commercialization Credit and Jobs Program $78,958 $21,042 Angel Investor Tax Credit Program $1,579,160$420,840 Musical and Theatrical Productions Income Tax Credit $6,158,724$1,641,276 Retention and Modernization Act $3,947,900$1,052,100 Tax Credit for Green Jobs Industries Louisiana Quality Jobs Program Act $78,958,000$21,042,000 Corporate Headquarters Relocation Program Competitive Projects Payroll Incentive Program $315,832 $84,168 Louisiana Capital Companies Tax Credit Program Procurement Processing Company Rebate Program $9,080,170$2,419,830 Page 4 of 5 SR NO. 178 ENROLLED Rebates for Donations to School Tuition Organizations $5,684,976$1,515,024 TOTAL $375,240,000$100,000,000 BE IT FURTHER RESOLVED that the Senate of the Legislature of Louisiana shall endeavor to allocate all revenue adjustments recognized since January 1, 2018, in a manner that ensures stability to the citizens of the state by funding eligibility categories for the disabled and elderly under the Medicaid program, medical education, supplemental Medicaid payments to the public-private partnership hospitals, the Taylor Opportunity Program for Students scholarships, local housing of state prisoners, the district attorneys and the assistant district attorneys, higher education base funding, and GO Grants. PRESIDENT OF THE SENATE Page 5 of 5