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FY03 Gubernatorial
Veto Messages
July 1, 2002
Mr. Alfred W. Speer Clerk of the House of Representatives State
Capitol Baton Rouge, Louisiana 70804
Mr. Michael S. Baer, III Secretary of the Senate State Capitol
Baton Rouge, Louisiana 70804
RE: House Bill No. 1 of the 2002 Regular Session of the
Legislature of Louisiana
An Act making appropriations for the ordinary expenses of the
executive branch of state government, pensions, public schools,
public roads, public charities, and state institutions and
providing with respect to the expenditure of said appropriations.
Dear Gentlemen:
As authorized by Article III, Section 18(B), and more
particularly, Article IV, Section 5(G)(1) of the Constitution of
Louisiana, I have exercised my right to veto six items or
provisions of the General Appropriation Bill.
VETO MESSAGE NO. 1: Page 118, Lines 28 through 35
This item, which can be interpreted to be a statewide surplus,
not necessarily a Department of Health and Hospitals surplus,
stipulates that in the event of any budget surplus in the amount
of $50 million an additional $7 million from that surplus shall be
used for additional supplemental payments to non-state public
hospitals that participate in agreements or certification to the
maximum extent. It further states that for each additional $50
million in budget surplus, an additional $7 million would be paid
to these hospitals. Article VII, Section 10(E), of the Louisiana
Constitution of 1974 provides that "Balanced Budget.
Appropriations by the legislature ...shall not exceed the official
forecast in effect at the time the appropriations are made."
An appropriation such as this seems inconsistent with the intent
of this Constitutional provision. If additional revenue becomes
available, it should be appropriated to address needs which exist
at the time it is recognized. Further appropriation of funds which
may or may not become available can represent a hollow promise to
those expecting such appropriations.
Mr. Speer and Mr. Baer Page Two July 1, 2002
If the surplus language is limited to the Department of Health
and Hospitals and the department has a $50 million surplus, a
Mid-Year Budget Adjustment, upon approval of both the commissioner
of administration and the Joint Legislative Committee on the
Budget, could be processed for any additional payments to
non-state public hospitals.
VETO MESSAGE NO. 2: Page 125, Lines 28 through 37
This item is to increase reimbursement of uncompensated care
costs for payments to LSU Health Care Services Division-Leonard J.
Chabert Medical Center. This would be an increase to a hospital
with a budget of approximately $56.6 million before this
amendment. The legislation creating the LSU Health Care Services
Division mandates that the advisory board for each hospital
undertake to assess unmet health needs within the community and
make recommendations on ways to meet such needs. In addition, SR
61 of the 2002 Regular Session urges and requests the Senate
Committee on Health & Welfare and the Senate Committee on
Senate & Governmental Affairs to study and make
recommendations relative to certain aspects of Medicaid and
uncompensated care expenditures. In particular, SR 61 requires the
study to include "The most efficient mix of resources that
will provide the needed services to the targeted population."
Until such time as that assessment has been completed, this item
should not be funded.
VETO MESSAGE NO. 3: Page 207, Lines 38 through 49
The purpose of this amendment is to transfer $400,000 of the
Rockefeller Wildlife Refuge Trust and Protection Fund monies to
the Louisiana Fur and Alligator Advisory Council for marketing and
education efforts. Per a letter dated June 13, 2002 from the
regional director of the U.S. Department of the Interior's Fish
and Wildlife Service, "such use of the Trust Fund would be a
violation of the Deed of Donation and associated documents. The
primary purpose of the Trust is to support the operations and
management of the Rockefeller Wildlife Refuge....There is,
however, no provision for participation in the development of
commercial markets for the exchange of alligator hides."
Therefore, funding this item would place the Fund and state
ownership of the Rockefeller Wildlife Refuge in jeopardy.
VETO MESSAGE NO. 4: Page 286, Lines 27 through 49 and
Page 287, Lines 1 through 12
This section of the bill provides $11,500,000 in general fund
to provide for a $300 per employee salary increase for school
support personnel contingent on the recognition of additional
revenue by the Revenue Estimating Conference. Article VII, Section
10(E), of the Louisiana Constitution
Mr. Speer and Mr. Baer Page Three July 1, 2002
of 1974 provides that "Balanced Budget. Appropriations by
the legislature... shall not exceed the official forecast in
effect at the time the appropriations are made." An
appropriation such as this seems inconsistent with the intent of
this constitutional provision. If additional revenue becomes
available it should be appropriated to address needs which exist
at the time it is recognized. Further appropriation of funds which
may, or may not become available can represent a hollow promise to
those expecting such appropriations.
VETO MESSAGE NO. 5: Page 314, Lines 39 through 40
This item provides funding for Rapides Parish Law Enforcement.
This item is local in nature and any costs of its operations
should be borne by the local governing authorities.
Sincerely,
M.J. "Mike" Foster, Jr.
Jw
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