EXECUTIVE ORDER MJF 03-5

Replacement Of Executive Order No. MJF 2002 - 29
Executive Branch - Expenditure Freeze


WHEREAS,   pursuant to the provisions of Article IV, Section 5 of the Louisiana Constitution of 1974, as amended, and Act No. 13 of the 2002 Regular Session of the Louisiana Legislature, the governor issued Executive Order No. MJF 2002-29 on September 24, 2002, ordering an expenditure freeze throughout the executive branch of state government to achieve a state general fund savings of at least seventy-five million dollars ($75,000,000) for the remainder of the 2002-2003 fiscal year;

WHEREAS,   Executive Order No. MJF 2002-29 was issued as a prudent money management practice but not as a response measure to a projected budget deficit; consequently, the total estimated dollar savings of the expenditure freeze is not deducted from appropriations on the budget status report like the appropriations cuts ordered this day in Executive Order No. MJF 2003-4 under the authority of R.S. 39:75(C)(1)(a); and

WHEREAS,   prudent money management practices dictate that the best interests of the citizens of the state of Louisiana will be served by continuing the expenditure freeze ordered in Executive Order No. MJF 2002-29, but decreasing its estimated dollar savings in conjunction with the appropriations cuts ordered in Executive Order No. MJF 2003- 4 and other considerations, to achieve a state general fund savings of at least fifty- four million six hundred thirty-eight thousand six hundred ninety-seven dollars ($54,638,697) for the remainder of the 2002-2003 fiscal year;

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:   The following departments, agencies, and/or budget units of the executive branch of the state of Louisiana, as described in and/or funded by appropriations through Act. No. 13 of the 2002 Regular Session of the Louisiana Legislature (hereafter "Act No. 13"), (hereafter "Unit" and/or "Units") shall reduce expenditure of funds appropriated to the Unit from the state general fund by Act No. 13, in the amounts shown below:

Executive Department State General Fund
Schedule 01 $ 2,725,064
Secretary of State
Budget Unit 04-139
$ 154,996
Office of the Attorney General
Budget Unit 04-141
$ 487,965
Commissioner of Elections
Budget Unit 04-144
$ 204,883
Lieutenant Governor
Budget Unit 04-146
$ 16,679
State Treasurer
Budget Unit 04-147
$ 53,805
Department of Agriculture and Forestry
Budget Unit 04-160
$ 1,226,088
Department of Culture, Recreation and Tourism
Schedule 06
$ 1,663,320
Department of Transportation and Development
Schedule 07
$ 61,784
Department of Public Safety and Corrections Corrections Services
All Corrections Services Budget Units in Schedule 08
$ 3,324,709
Department of Health and Hospitals
Schedule 09
$ 36,101,431
Department of Social Services
Schedule 10
$ 1,269,447
Department of Natural Resources
Schedule 11
$ 352,861
Department of Revenue
Schedule 12
$ 124,271
Department of Labor
Schedule 14
$ 139,639
Department of Civil Service
Schedule 17
$ 19,822
Department of Education All Department of Education
Budget Units in Schedule 19 (except 19-695 and 19-699)
$ 6,037,441
Louisiana State University Health Science Center Health Care Services Division
Budget Unit 19-610
$ 21,075
Other Requirements
Schedule 20
$ 653,418

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 commission 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 expenditure freeze 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:

C. No Unit shall implement the expenditure freeze 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:   If full or partial implementation of the expenditure freeze mandated in Section 1 of this Order will prevent a statewide elected official from being able to perform and/or fulfill his or her constitutional functions and/or duties, the commissioner is authorized to grant the statewide elected official an exemption from Section 1 to the extent necessary.

SECTION 4:   The commissioner is authorized to develop additional guidelines as necessary to facilitate the administration of this Order.

SECTION 5:   Executive Order No. 2002-29, issued on September 24, 2002, is hereby rescinded and terminated.

SECTION 6:   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 with the Office in implementing the provisions of this Order.

SECTION 7:   This Order is effective upon signature and shall remain in effect through June 30, 2003, unless amended, modified, terminated, or rescinded prior to that date.

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.
Governor

ATTEST BY
THE GOVERNOR
Fox McKeithen
Secretary of State