WHEREAS, R.S. 39:75(A)(1) directs the Division of Administration to submit a monthly budget status report to the Joint Legislative Committee on the Budget (hereafter "Committee") indicating the balance of the budget for the state general fund and dedicated funds by comparing the official forecast for these funds to the total authorized appropriations from each fund; once approved by the Committee, the most recent budget status report becomes the official budget status of the state;
WHEREAS, if the most recently approved budget status report indicates that the total appropriation from any fund will exceed the official forecast for that fund, R.S. 39:75(B) mandates the Committee shall immediately notify the governor that a projected deficit exists for that fund;
WHEREAS, by letter dated January 22, 2003, received on January 24, 2003, the Committee notified the governor that it approved a budget status report at its January 17, 2003 meeting indicating a projected deficit of eighteen million five hundred eighty-one thousand dollars ($18,581,000) exists in the state general fund for fiscal year 2002-2003 based on the revised revenue forecast adopted by the Revenue Estimating Conference on January 16, 2003;
WHEREAS, once notified that a projected deficit exists, under R.S. 39:75(C) and Section 8 of Act No. 13 of the 2002 Regular Session of the Louisiana Legislature, the governor has interim budget balancing powers, and may reduce appropriations for the executive branch of government for any program that is appropriated from a fund that is in deficit posture in accordance with R.S. 39:75(C)(1)(a); and
WHEREAS, if within thirty (30) days of the determination of the existence of a projected deficit, the governor does not make necessary adjustments in the appropriations to eliminate the projected deficit, R.S. 39:75(D) mandates the governor shall call a special session of the Louisiana Legislature for that purpose;
NOW THEREFORE, I, M.J. "MIKE" FOSTER, JR., Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:
SECTION 1: Appropriations to the following departments, agencies, and/or budget units of the executive branch of the state of Louisiana, described in and/or funded by appropriations from the state general fund through Act No. 13 of 2002 Regular Session of the Louisiana Legislature, (hereafter "Unit" and/or "Units") shall be reduced pursuant to R.S. 39:75(C)(1)(a) in the amounts shown below (hereafter "appropriations cuts") in order to eliminate the projected deficit by adjusting authorized appropriations from the state general fund by eighteen million five hundred eighty-one thousand dollars ($18,581,000):
|Executive Department||State General Fund|
|Schedule 01||$ 926,714|
|Secretary of State
Budget Unit 04-139
|Office of the Attorney General
Budget Unit 04-141
|Commissioner of Elections
Budget Unit 04-144
Budget Unit 04-146
Budget Unit 04-147
|Agriculture and Forestry
Budget Unit 04-160
|Department of Culture, Recreation and Tourism
|Department of Transportation and Development
|Department of Public Safety and Corrections
All Corrections Services Budget Units in
|Department of Health and Hospitals
|Department of Social Services
|Department of Natural Resources
|Department of Revenue
|Department of Labor
|Department of Civil Service
|Department of Education
All Department of Education
Budget Units in Schedule 19 (except 19-695 and 19-699)
|Louisiana State University Health Science Center
Health Care Services Division
Budget Unit 19-610
SECTION 2: A. No later than March 5, 2003, the head of each Unit listed in Section 1 of this Order shall submit to the commissioner of administration (hereafter "commissioner") a supplemental mid-year budget adjustment plan, on the BA-7 form and questionnaire revised January 30, 2001, which reflects the Unit's proposed allocation of the appropriations cuts ordered in Section 1 of this Order (hereafter "supplemental mid-year budget adjustment plan"), and a description of the methodology used to formulate the supplemental mid-year budget adjustment plan.
B. In the event that positions of employment will be affected by the supplemental mid-year budget adjustment plan, the description of the methodology used to formulate the supplemental mid-year budget adjustment plan shall include, at a minimum, the following information for each position of employment proposed to be affected:
1. The type of position of employment to be affected, including job title;
2. The job function of the position of employment and an analysis of how it meets or serves the role, scope, and/or mission of the Unit; and
3. An explanation of why the position of employment is being selected for inclusion in the Unit's supplemental mid-year budget adjustment plan.
C. No Unit shall implement the appropriations cuts ordered in Section 1 of this Order without the commissioner's prior written approval of the Unit's supplemental mid-year budget adjustment plan.
D. Once approved, a supplemental mid-year budget adjustment plan may not be changed without the commissioner's prior written approval.
SECTION 3: The commissioner is authorized to develop additional guidelines as necessary to facilitate the administration of this Order.
SECTION 4: All departments, commissions, boards, offices, entities, agencies and officers of the state of Louisiana, or any political subdivision thereof, are authorized and directed to cooperate in the implementation of the provisions of this Order.
SECTION 5: This Order is effective upon signature.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 21st day of February, 2003.
M.J. "Mike" Foster, Jr.
Secretary of State