The following is the text of the Executive Order signed on Friday, October 22, 2010 by Louisiana Governor Bobby Jindal:
BATON ROUGE – Today, Governor Bobby Jindal issued an executive order reducing the expenditure of funds in state government.
EXECUTIVE BRANCH - EXPENDITURE REDUCTION
WHEREAS, pursuant to R.S. 39:75(A)(1), the Division of Administration is directed 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, pursuant to R.S. 39:75(A)(2), the budget status report presented at the first meeting of the Joint Legislative Committee on the Budget after October fifteenth of any fiscal year shall reflect the balance in any fund for the previous fiscal year and said budget status report indicates that the previous Fiscal Year, Fiscal Year 2009-2010, ended with a projected deficit of $106,832,546;
WHEREAS, Article VII Section 10 (G) of the Constitution of Louisiana and R.S. 39:76 state that if a deficit exists in any fund at the end of a fiscal year, that deficit shall be eliminated no later than the end of the next fiscal year;
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) requires the Committee to immediately notify the governor that a projected deficit exists for that fund;
WHEREAS, the Committee notified the governor that it approved a budget status report at its October 22, 2010 meeting, indicating a projected deficit of one hundred six million seven hundred thirty-two thousand five hundred forty-six dollars ($106,732,546) exists in the state general fund for Fiscal Year 2010-2011, based on the official forecast of revenue available for appropriation adopted by the Revenue Estimating Conference on June 21, 2010, compared to total appropriations;
WHEREAS, once notified that a projected deficit exists, pursuant to Article VII, Section 10 of the Constitution of Louisiana and R.S. 39:75(C)(1)(a), the governor has interim budget balancing powers to adjust the budget, including the authority to reduce appropriations for the executive branch of government for any program that is appropriated from a fund that is in a deficit posture, not exceeding three percent (3%) in the aggregate of the total appropriations for each budget unit for the fiscal year, and if the governor does not make necessary adjustments in the appropriations to eliminate the projected deficit within thirty (30) days of the determination of the projected deficit in a fund, R.S. 39:75(D) mandates the governor call a special session of the legislature for that purpose;
WHEREAS, as authorized by R.S. 39:75(C)(3), my executive order may utilize all or a portion of the general fund dollar savings objective specified in Executive Order BJ 2010-12.
NOW THEREFORE, I, Bobby Jindal, 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 (hereafter "Unit" and/or "Units") of the executive branch of the state of Louisiana, as described in and/or funded by appropriations through Acts 11 and 41 of the 2010 Regular Session of the Louisiana Legislature (hereafter "the Acts"), shall reduce expenditure of funds appropriated to the Unit from the state general fund by the Acts, in the amounts shown below:
State General Fund
Schedule 04-Elected Officials
04-139 Secretary of State $2,430,964
04-141 Office of Attorney General $350,000
04-146 Lieutenant Governor $93,129
04-160 Agriculture and Forestry $1,646,031
Schedule 17-Civil Service
17-562 Ethics Administration $115,216
17-563 State Police Commission $17,998
17-564 Division of Administrative Law $19,645
Schedule 19B-Special Schools and Commissions
19-657 Louisiana School for Math, Science, & the Arts $134,066
19-662 Louisiana Educational Television Authority $100,000
19-666 State Board of Elementary & Secondary Education $72,040
19-673 New Orleans Center for the Creative Arts $155,875
Schedule 20-Other Requirements
20-452 Local Housing of State Juvenile Offenders $201,430
20-933 Governor's Conferences and Interstate Compacts $15,778
20-941 Agriculture and Forestry—Pass Through Funds $102,692
21-804 Office of Risk Management $1,000
A. No later than November 5, 2010, the head of each Unit listed in Section 1 of this Order shall submit to the commissioner of administration (hereafter "commissioner") a mid-year budget reduction plan, on the BA-7 form and questionnaire, which reflects the Unit's proposed allocation of the expenditure reduction ordered in Section 1 of this Order (hereafter "mid-year budget reduction plan"), and a description of the methodology used to formulate the mid-year budget reduction plan. The heads of each department may exercise discretion and reallocate the aggregate reduction within the department to maximize recurring savings to the state fisc for future fiscal years, while remaining in compliance with R.S. 39:75(C)(1)(a) by ensuring that no reduction to any budget unit exceeds 3% of the total appropriation of that budget unit.
B. In the event that positions of employment will be affected by the mid-year budget reduction these positions should be included in your mid-year budget reduction plan.
C. No Unit shall implement the expenditure reduction mandated by Section 1 of this Order without the commissioner's prior written approval of the Unit's mid-year budget reduction plan.
D. After the commissioner has given approval of a Unit's mid-year budget reduction plan, any change to the mid-year budget reduction plan requires prior written approval from the commissioner.
SECTION 3: The commissioner of administration 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 and shall remain in effect through June 30, 2011, unless amended, modified, terminated, or rescinded prior to that date.