|
|
The
Legislator as Controller of The Purse Strings
How Legislators Shape Policy through the Budget
Process
The legislator as an
individual and the legislature in general shape the policy of
the state through control of the purse strings, specifically
through the amendment and enactment of the operating and capital
outlay budgets. The constitution vests the authority for
appropriation of state monies and the power of taxation solely
with the legislature.
|
Selected
Constitutional Provisions
The
constitution provides the framework by which the
legislature controls the purse strings.
No money shall be
withdrawn from the state treasury except through
a specific appropriation made in accordance with
law.
No appropriation shall be
made under the heading of contingencies or for
longer than one year.
Appropriations by the
legislature from the state general fund or from
dedicated funds shall not exceed the official
forecast of the Revenue Estimating Conference or
the expenditure limit.
All bills raising revenue
or appropriating money shall originate in the
House of Representatives.
The power of taxation
shall be vested in the legislature and shall
never be surrendered, suspended, or contracted
away, and shall be exercised for public purposes
only.
Unless
otherwise authorized by the constitution, the
state shall have no power to incur debt or issue
bonds except by law enacted by two-thirds of the
elected members of each house of the
legislature.
|
Areas of particular
importance in understanding the legislature’s exercise of this
policy-making role through the budget process are detailed in
the following pages and include these sections:
In handling
this important responsibility, the House of
Representatives has a number of resources available to
it, including the Fiscal Division of House Legislative
Services, the Legislative Fiscal Office, the Legislative
Auditor, and the Legislative Actuary. A description of
the responsibilities and services of each office is
provided.
Revenue and Bonded Indebtedness
A summary of
major state revenue sources, requirements for incurring
debt, limitations on state debt, and the jurisdiction of
the Ways and Means Committee is provided.
The Budget Process
The operating
budget process is described, including adoption of the
official revenue forecast, content and submission of the
executive budget, jurisdiction of the Appropriations
Committee, types of appropriation bills, and interim
budget procedures. The composition and responsibilities
of the Joint Legislative Committee on the Budget and the
Interim Emergency Board are summarized.
The Capital Outlay Process
This section
discusses the requirements for submission of capital
outlay requests, the approval process for late requests,
the sources of funding (means of finance) for capital
outlay projects, the general obligation bond priorities
contained in the capital outlay bill, statutorily
established priority programs, and the legislative
process for consideration of the capital outlay budget.
Resources to Assist the Legislator – Fiscal Matters
How Staff Can Help House Members with Money
Issues
In handling the important
responsibility as controller of the purse strings, the House of
Representatives has a number of resources available to it. Each
member may seek assistance from the Fiscal Division of House
Legislative Services, the Legislative Fiscal Office, the
Legislative Auditor, and the Legislative Actuary. Additionally,
many other state and national sources of information and
assistance are available.
The Fiscal Division
of House Legislative Services provides staff for the
Appropriations and Ways and Means Committees and their
members. The division includes budget analysts who
specialize in specific areas of governmental finance. In
addition, the Fiscal Division staff provides assistance to
all House members in matters dealing with the jurisdiction
of these committees and with state fiscal policy issues.
These services provided by the staff include:
Legislative instruments – Drafting
bills and resolutions, including amendments.
Committee staffing – Analysis of
legislation referred to committees and coordination and
management of committee functions.
Budget analysis – Analysis and
evaluation of fiscal and budgetary information,
including the governor's budget recommendation and
performance data related to the operation of state
government.
-
Research – Performance of fiscal
research and policy analysis, legal research concerning
the state budget and revenue issues, and other research
as requested by committees or members of the House and
its staff. Research includes analysis of comparative
state revenue and expenditure information.
In accordance with
the general direction and supervision of the Joint
Legislative Committee on the Budget (Budget Committee), the
Legislative Fiscal Office duties and functions include the
following:
Analysis of the annual budgets
prepared by the executive branch and recommendations
thereon to the Budget Committee and the legislature.
Continuous short and long-range
revenue and expenditure projections.
Review of requests for interim
budget adjustments (BA-7s) and recommendations to the
Budget Committee as to the merits of such requests.
Review of rules and regulations by
the executive branch and informing the legislature and
the public as to the fiscal and economic impact of such
proposed rules and regulations.
Evaluation of requests submitted
to the Interim Emergency Board and recommendations of
approval or disapproval.
Responding to fiscal information
requests of committees and individual legislators to the
extent practical.
Analysis of the reported
performance of executive branch agencies.
The constitution
provides that the legislative auditor shall serve as a
fiscal advisor to the legislature and perform duties and
functions provided by law related to auditing fiscal records
of the state, its agencies, and political subdivisions
(Const. Art. III, §11). The auditor is elected by a
majority vote of the elected members of each house and may
be removed by a two-thirds vote of those members. The basic
functions of the office of the legislative auditor (R.S.
24:511 et seq.) encompass the following:
Audit of books and accounts of the
state treasury, and other public entities, departments,
and political subdivisions, the scope of which may
include certification of financial accountability, legal
compliance, and evaluations of the economy, efficiency,
and effectiveness of the entity audited.
Audit of a municipality or any
public, quasi public, or private agency receiving state
funds when requested to do so by the Legislative Audit
Advisory Council, the legislature, or a grand jury.
Determination of all funds in the
state treasury.
Submission to the legislature and
the governor, prior to each regular session, of a
written statement of the financial condition of the
state treasury at the close of the preceding fiscal
year, with an itemized estimate of the anticipated
revenues for the current and the succeeding fiscal year.
Preparation of fiscal notes for
proposed legislation affecting the expenditures of local
government and the receipts and expenditures of any
state board or commission which is not appropriated
state funds.
-
Conduct of performance audits,
program evaluations, and other studies as needed to
enable the legislature to evaluate the efficiency,
effectiveness, and operation of state programs.
The legislative actuary
serves as an advisor to the legislature on issues related to
public retirement systems. The basic functions of this office (R.S. 24:521)
encompass the following:
-
Preparation of actuarial notes,
which are estimates of the immediate and long-range
financial and actuarial effects of proposed legislation
relative to any state, parochial, or municipal
retirement system funded wholly or partially from public
funds.
Revenue
and Bonded Indebtedness
Key Facts about Sources of Revenues and Incurring
Debt
|
Constitutional Provisions Relating to Revenue Measures
All bills raising revenue
shall originate in the House of Representatives.
The levy of a new tax, an
increase in an existing tax, or a repeal of an
existing tax exemption shall require the enactment
of a law by two-thirds of each house of the
legislature.
Any new fee or civil fine or
increase in an existing fee or civil fine, except by
a department headed by a statewide elected official,
also must be enacted by a two-thirds vote of the
legislature.
Regular sessions convening in
odd-numbered years are restricted to consideration
of legislation to enact the General Appropriation
Bill and the comprehensive capital budget, or to
make an appropriation; levy or authorize a new tax
or increase in an existing tax; levy, authorize,
increase, decrease, or repeal a fee; dedicate
revenue; legislate with regard to tax exemptions,
exclusions, deductions, repeals, or credits or the
issuance of bonds. In addition, each member may
introduce up to five matters which are not within
the subject matter restrictions on such session if
they are prefiled and any number of matters to enact
any local or special law which is not prohibited and
which is required to be and has been properly
advertised.
No measure levying or
authorizing a new tax by the state or a political
subdivision whose boundaries are coterminous with
the state, increasing an existing tax by such
entities, or legislating regarding tax exemptions,
exclusions, deductions or credits may be introduced
or enacted during regular sessions held in
even-numbered years.
A political subdivision of the
state shall not levy a severance tax, income tax,
inheritance tax, or tax on motor fuel.
|
The subject matter
jurisdiction of the Ways and Means Committee encompasses
taxes and the raising of revenue; bonds and the bonding of
revenue, including issuance, payment or retirement of bonds;
evidences of indebtedness; the Department of Revenue;
revenue collection; assessors; parish tax collectors; and
the bond portion of the comprehensive state capital budget.
The Fiscal Year
2007-2008 total state budget from all means of financing is
$29.8 billion, of which $15.8 billion is federal funds and
$14 billion is state funds, including the State General
Fund, dedicated funds, and fees and self-generated revenues.
The Fiscal Year 2007-2008 state general fund as forecast by
the May 2007 official forecast of the Revenue Estimating
Conference is $8.741 billion. The major revenue sources are
sales tax, individual income tax, corporate income and
franchise taxes, gaming revenues, gasoline tax, and
severance tax. The state constitution sets a rate limit on
the individual income tax and the motor vehicle license tax,
requiring a constitutional amendment to increase the tax
rate of these two revenue sources.
The state may incur
debt or issue bonds only by law enacted by two-thirds of the
members of each house of the legislature, and then only if
the funds are to be used for any of the following purposes:
to repel invasion, suppress insurrection, provide relief
from natural catastrophes, refund outstanding indebtedness
at the same or a lower effective interest rate, or make
capital improvements in accordance with the comprehensive
capital budget adopted by the legislature. The legislature
may also, by a two-thirds vote of each house, propose a
statewide public referendum to authorize incurring of debt
by the state for any purpose for which the legislature is
not authorized to incur debt. All state general obligation
bonds and certain bonds of state agencies, boards, and
commissions which are secured by the full faith and credit
of the state are secured by the Bond Security and Redemption
Fund (Const. Art. VII, §6 and §9 (B)).
No bonds or other
obligations are to be issued or sold by the state directly
or through any state board, agency, or commission, or by any
political subdivision of the state, unless prior written
approval of the State Bond Commission is obtained
(Const. Art. VII, §8).
The membership of
the Bond Commission is as follows: the state treasurer, who
serves as chairman; the governor; the lieutenant governor;
the secretary of state; the attorney general; the
commissioner of administration; the president of the Senate;
the speaker of the House; the chairmen of the Senate Finance
Committee, the House Appropriations Committee, the Senate
Revenue and Fiscal Affairs Committee, and the House Ways and
Means Committee; and two members of the legislature to be
appointed one each respectively by the president of the
Senate and speaker of the House.
Louisiana’s debt
limit is established so that for Fiscal Year 2003-2004 and
thereafter the amount necessary to service outstanding net
state tax-supported debt (NSTSD) does not exceed 6% of the
estimated money to be received by the state general fund and
dedicated funds contained in the official forecast of the
Revenue Estimating Conference (Const. Art. VII, §6(F) and
R.S. 39:1367). The most recent status report (4/19/07)
on NSTSD indicates that for Fiscal Year 2007-2008 the actual
amount necessary to service such debt is 4.4%.
R.S. 39:1365(25)
provides that the legislature may not authorize general
obligation bonds if the amount authorized but unissued plus
the amount outstanding exceeds two times the average annual
revenues in the Bond Security and Redemption Fund for the
last three fiscal years. R.S. 39:1402(D) provides that the
bond commission shall not issue bonds secured by the full
faith and credit of the state at any time when the highest
annual debt service requirement for the current or any
subsequent fiscal years exceeds 10% of the average annual
revenues of the Bond Security and Redemption Fund for the
last three fiscal years.
The Budget Process
The State Budget Process and the Legislature’s
Role in Planning, Adoption, and Oversight
|
CONSTITUTIONAL
PROVISIONS RELATING TO APPROPRIATIONS
All bills appropriating money
shall originate in the House of Representatives. The
General Appropriation Bill shall be itemized and
contain only appropriations for the ordinary
operating expenses of state government. All other
appropriations shall be for a specific purpose and
amount.
The governor may veto any line
item in an appropriation bill.
The governor shall submit to
the legislature a budget estimate for the next
fiscal year setting forth all proposed state
expenditures, which shall not exceed the official
forecast of the Revenue Estimating Conference and
the expenditure limit for the fiscal year.
The governor shall cause to be
submitted a general appropriation bill for proposed
ordinary operating expenditures which shall be in
conformity with the recommendations for
appropriations contained in the budget estimate.
Appropriations by the
legislature from the state general fund or from
dedicated funds shall not exceed the official
forecast of the Revenue Estimating Conference or the
expenditure limit.
The appropriation of any money
designated in the official forecast as nonrecurring
shall be made only for the purpose of early
retirement or defeasance of state debt, payments on
the unfunded accrued liability of public retirement
systems, capital outlay, deposit into the Budget
Stabilization Fund or the Coastal Protection and
Restoration Fund, or new highway construction for
which federal matching funds are available.
Appropriations
shall be made only for a public purpose.
|
Budget Planning and
Preparation
The state fiscal
year for which appropriations are made begins on July 1 and
ends on June 30.
The Revenue
Estimating Conference establishes an official revenue
estimate (formally known as the "official forecast") for
use by the governor and the legislature in preparing and
adopting the budget for each fiscal year, including
designation of money that is nonrecurring. The principals of
the conference are the governor, the president of the
Senate, the speaker of the House, and a faculty member with
revenue forecasting expertise from a public or private
university in the state. Any final action establishing the
official forecast must be made by a unanimous decision of
the conference principals. Any change to add members to the
conference or change to the unanimous vote requirement must
be made by law enacted by two-thirds of the members of each
house. The conference is to meet quarterly and also at any
time two principals suggest that a possible revision of the
forecast be considered (Const. Art. VII, §10(A)(B)).
In its adoption of
a revenue forecast, the Revenue Estimating Conference will
designate whether monies available for appropriation are
recurring or nonrecurring in nature. A budget surplus
from a prior year has been a common source of nonrecurring
revenues recognized in recent years (the $827 million
surplus from Fiscal Year 2005-2006 was appropriated in the
2007 Regular Session). Those monies which have been
designated as nonrecurring are limited in their use to:
early retirement or defeasance of state debt, payments on
the unfunded accrued liability of the public retirement
systems, capital outlay, deposit into the Budget
Stabilization Fund, deposit into the Coastal Protection and
Restoration Fund, or new highway construction for which
federal matching funds are available.
Appropriations or
expenditures for any fiscal
year shall not exceed the official revenue estimate
of monies available for appropriation as determined in the
most recently adopted official forecast for that fiscal
year. Such appropriations and expenditures from the state
general fund and certain dedicated funds are also limited by
the expenditure limit for that fiscal year.
Appropriations from
the state general fund and dedicated funds may not exceed
the expenditure limit for the respective fiscal year. Each
year's expenditure limit is calculated by increasing the
expenditure limit for the previous fiscal year by a positive
growth factor. The growth factor is the average annual
percentage rate of change of personal income for Louisiana
for the three calendar years prior to the fiscal year for
which the limit is calculated (Const. Art. VII, §10(C)).
The expenditure
limit for each fiscal year is calculated by the commissioner
of administration for the purpose of development and
enactment of the ensuing year's state budget. This
calculation must be presented to the Joint Legislative
Committee on the Budget at least 35 days prior to the start
of each regular session of the legislature. The expenditure
limit calculated by the commissioner of administration may
be changed in any fiscal year by a favorable vote of
two-thirds of the elected members of each house. In the 2007
Regular Session, the legislature voted to increase the
expenditure limit for Fiscal Year 2006-2007 from $10.3
billion to $12.2 billion to allow for the appropriation
of surplus revenues from the prior year ($827 million) and
additional revenues which were incorporated into the
official forecast for Fiscal Year 2006-2007 since the most
recent legislative session. The expenditure limit for Fiscal
Year 2007-2008 is $11.6 billion. Federal monies, transfers
between state agencies, and self-generated monies of public
institutions of higher education are excluded from those
monies considered in the development of the expenditure
limit.
The governor is
responsible for preparation of an executive budget
presenting a complete financial and programmatic plan for
the ensuing fiscal year based upon the official forecast of
the Revenue Estimating Conference and within the expenditure
limit for that fiscal year. The executive budget is a
summary document which is to clearly present and highlight
the programs operated by state government and financial
requirements associated with each. It is accompanied by a
supporting document which provides additional detail on the
budget and performance recommendations for each program.
No later than
November 15 of each year, each budget unit (state agency)
must submit to the governor its budget request for the
coming fiscal year. The executive budget office analyzes the
budget requests and other information in preparing the
executive budget.
A copy of the
executive budget is transmitted to the Joint Legislative
Committee on the Budget no later than 45 days prior to each
regular session and to each member of the legislature on the
first day of each regular session. (In the year of a first
regular session of a new legislative term, the executive
budget is provided to the Budget Committee 30 days prior to
the start of the session.) Any proposals by the governor to
enhance revenues beyond the official forecast, or to
expend monies in excess of the expenditure limit, must be
submitted separate and apart from the executive budget.
By law, the state
budget is a performance-based budget. Key objectives and
performance targets for each program are included in the
executive budget and the appropriation bill, linking
performance expectations to funding levels of each program
to enhance accountability. Additional supporting objectives
and performance targets are included in the executive budget
supporting document. Agencies are required to report during
the year on progress toward meeting their performance
targets.
Budget Enactment
The House
Appropriations Committee has 19 members: one member elected
from each of the seven congressional districts of the state
by House members from the district and the remaining 12
members appointed by the speaker, of whom one is appointed
from each of the five Public Service Commission districts
and seven at large.
The subject matter
jurisdiction of the committee includes matters related to
the appropriation and expenditure of funds, fiscal controls,
deposit and investment of public funds, cash flow, economy
and efficiency in government, budgetary procedures, and
procurement of goods and services and professional,
personal, and consulting services. The committee also
considers legislation originating in the Senate which is
estimated to have an impact on expenditures which exceeds
$500,000.
General Appropriation Bill
– This bill provides for the annual operating budgets of
state agencies, and includes both appropriated funding
levels and performance targets for the year. The bill is
submitted to the legislature by the governor and must be
in conformity with the governor's executive budget. The
legislature reviews and modifies the programs and
recommended expenditures contained in the bill.
Amendments increasing appropriations are generally added
in line item form and are subject to gubernatorial veto.
-
Capital Outlay Bill – This
bill provides for the comprehensive capital construction
budget for the state of Louisiana. The Capital Outlay
Bill provides funding for construction of buildings,
highways, flood control, airports, ports, and other
public improvements. Only the projects funded by cash
sources, commonly referred to as the cash portion of the
bill, is reviewed and amended by the Appropriations
Committee. The bond portion of the bill is within the
jurisdiction of the House Committee on Ways and Means.
-
Ancillary Appropriation Bill
– This bill provides for appropriation of funds as
working capital for the financing of business
enterprises conducted by state agencies, such as
self-insurance programs, prison enterprises, cafeterias,
and printing centers. Appropriations are made out of
special revolving working capital funds into which
revenues from the operation of these enterprises are
deposited and from which allotments are made.
-
Legislative Expense Bill –
The expenses of the legislature and its service agencies
including House Legislative Services, Senate Research
Services, the Legislative Auditor’s Office, the
Legislative Fiscal Office, the Law Institute, and other
support services are appropriated by means of the
legislative expense bill rather than the General
Appropriation Bill. The Legislative Budgetary Control
Council is charged by law (R.S. 24:38) with
the responsibility of reviewing and controlling the
budget and expenses of the legislature and its agencies.
The council is composed of 10 members: the president of
the Senate, the president pro tempore of the Senate, the
speaker of the House, the speaker pro tempore of the
House, the chairman and one member of the Senate and
Governmental Affairs Committee, the chairman and one
member of the House and Governmental Affairs Committee,
the chairmen of the House Appropriations and Senate
Finance Committees, and, ex officio, the clerk of the
House and the secretary of the Senate.
-
Judicial Expense Bill – The
appropriation for the expenses of the judiciary,
including the supreme court, courts of appeal, district
courts, and other courts, is also provided for in a
separate appropriation bill. The budget preparation and
expenditure control function is vested in the
Judicial Budgetary Control Board.
-
Revenue Sharing Bill – $90
million is allocated annually from the state general
fund to the Revenue Sharing Fund. Monies in the fund are
distributed based on the population and number of
homesteads in each parish in proportion to the
population and number of homesteads statewide. The
revenue sharing bill, after providing deductions for
retirement systems and commissions, provides for
distributions to local tax recipient bodies in each
parish in an amount and manner specified in the bill.
(Const. Art. VII, §26).
-
Judgment Bills – Final
judgments which are not paid through the risk management
program require an appropriation of funds by the
legislature for payment. Appropriations Committee staff
review and authenticate documentation involved in the
judgment, and bills appropriating funds to pay the
judgments are reviewed by the Appropriations Committee.
-
Supplemental
Appropriation Bills –
These
bills are appropriations for the current fiscal year
which are made during that fiscal year and which are
supplemental to the state budget which was adopted by
the legislature in the previous regular session. They
provide for unanticipated expenses by utilizing excess
monies available for appropriation which were not
available at the time of adoption of that year's budget
or which, by their nature, are unavailable for addition
through interim budget adjustment.
Interim Budget Procedures
The Joint
Legislative Committee on the Budget (Budget Committee) is
composed of the members of the House Committee on
Appropriations, the Senate Finance Committee, and the
chairmen of both the House Ways and Means and Senate Revenue
and Fiscal Affairs Committees or their designees from the
members of those committees.
During the interim,
the committee is authorized to approve or disapprove
transfers of funds and budget adjustments through the BA-7
process, and to approve requests for use of interest
earnings and for change orders for capital construction
projects. The committee is also extended broad authority to
interpret and oversee implementation of legislative intent
regarding fiscal and budgetary matters.
The committee may
hold hearings each year to review budget requests and the
recommended executive budget, and report its findings and
recommendations two weeks prior to each regular session.
State law and the
constitution contain a variety of measures useful to address
a projected or anticipated deficit in the state budget.
In the preparation
of the state budget for an upcoming fiscal year, if the
official forecast of recurring revenues for the new year is
at least one percent less than the official forecast for the
current fiscal year, the constitution provides that monies
from dedicated funds may be made available and appropriated
for purposes other than as is provided by law or
constitution with respect to the use of monies in each
respective fund. Certain restrictions exist, particularly
with respect to the minimum foundation program.
Throughout the
year, the division of administration submits a budget
status report each month to the Budget Committee. This
report presents the balance of the budget for the state
general fund and dedicated funds by comparing the official
forecast of the Revenue Estimating Conference to the total
appropriations for each fund. If the report indicates that
the total appropriation from any fund will exceed the
official forecast for that fund, the committee is required
to notify the governor that a projected deficit exists for
that fund.
Upon such
notification that a deficit is projected, the governor may
use his interim budget balancing powers to adjust the budget
for any program that is supported by revenues from a fund
that is projected to experience a deficit. These include
limited specific reductions in the budgets of state
agencies, the issuance of executive orders to freeze certain
expenditures, the use of monies from dedicated funds to be
transferred for use to support appropriations from the fund
projected to experience a deficit, or ultimately the call
for a special session to address the budget crisis.
Budget
Stabilization Fund
(commonly known as the "rainy day fund") – The Budget
Stabilization Fund was established to provide support to the
state budget in the event of an unexpected shortfall in
projected revenue either during the fiscal year or from one
fiscal year to the next. The fund receives deposits of
monies from the following three sources: (1) revenues which
may not be appropriated within the current expenditure
limit, (2) excess mineral revenues, and (3) 25% of revenues
designated as nonrecurring by the Revenue Estimating
Conference. The balance in the fund is capped at an amount
equal to four percent of the total state revenue for the
prior year.
Use of monies in
the fund requires a two-thirds vote of the elected members
of each house. Monies may only be used to cover all or part
of a projected deficit in the current fiscal year or to
compensate for all or part of a drop in revenue in the next
fiscal year. No more than one-third of the fund may be used
in any fiscal year to cover a projected deficit in that year
and/or a projected decrease in revenue in the next fiscal
year (Const. Art. VII, §10.3).
As of June 30,
2007, the Budget Stabilization Fund was fully funded, with a
balance of $682.7 million representing four percent of the
total state revenue receipts for Fiscal Year 2005-2006.
The Interim
Emergency Board (IEB), composed of the governor, the
lieutenant governor, the state treasurer, the presiding
officer of each house of the legislature, the chairman of
the Senate Finance Committee, and the chairman of the House
Committee on Appropriations, or their designees, may
appropriate money between legislative sessions from the
state general fund or may borrow on the full faith and
credit of the state an amount necessary to meet an
emergency. The total amount of such debt and appropriations
must never exceed one-tenth of one percent of total state
revenues for the previous fiscal year. Such appropriations
or borrowing can only be made with the written consent of
two-thirds of the elected members of each house of the
legislature and only for emergencies which are defined by
the constitution as events not reasonably anticipated by the
legislature. An "event not reasonably anticipated" is
defined as one not considered and rejected, in the same
relative form or content, by the legislature during the
preceding session either by specific legislative instrument
or amendment.
The Capital Outlay Process
The Capital Outlay Process
and the Legislature’s Role in Deciding Priorities
and Funding of Construction Projects
The constitution
requires the governor to submit to the legislature in each
regular session a five-year capital outlay program with a
request for implementation of the first year of the program. The
budget the governor presents to the legislature is composed of
two types of construction: (1) highway and public works
construction; and (2) building and other construction (Const.
Art. VII, §11(C)).
Appropriations for
construction of state highways, flood control projects,
airports, and ports are made pursuant to priority programs
established by law. These projects are evaluated by the
Department of Transportation and Development (DOTD) and
submitted for review to the Joint Legislative Committee on
Transportation, Highways and Public Works. The joint
committee reviews the projects and holds public hearings
throughout the state. After consideration of the findings
and recommendations of the joint committee, the department
proposes the final program for the upcoming fiscal year.
All requests
for construction of buildings and other construction must be
submitted to the division of administration prior to
November 1st of each year. Requests by local government
agencies and other non-state entities must be submitted
through the senator and the representative in whose district
the project will be located. Capital outlay requests are
submitted electronically by the local government and
non-state entity applicants, so as a practical matter the
legislator "submitted through" requirement is accomplished
by a letter from the legislator to the division of
administration specifically endorsing the request from the
local government agency or other non-state entity. No
project requested after the November 1st deadline may be
funded in the Capital Outlay Bill unless approved by the
Joint Legislative Committee on Capital Outlay or approved as
an emergency project by the commissioner of administration
or as an economic development project by the secretary of
the Department of Economic Development.
All capital outlay
projects must be evaluated through a feasibility study prior
to inclusion in the Capital Outlay Bill enacted by the
legislature. Except for those projects evaluated by DOTD,
completion of the request forms and subsequent evaluation by
the facility planning and control section of the Division of
Administration constitute compliance with this requirement.
Recommendations for inclusion of projects in the bill are
also made by the Joint Legislative Committee on Capital
Outlay.
From these sources
the governor decides which projects are to be included in
the capital outlay budget and included in the
Capital Outlay Bill presented to the legislature for the
regular session. Projects included in the bill may be funded
by cash sources such as the state general fund,
self-generated funds, and other state and federal funds or
by the sale of general obligation bonds or other bonds.
The Capital Outlay
Bill is heard by the House Appropriations Committee and the
Senate Finance Committee to make cash appropriations; and
the bill is heard by the House Ways and Means Committee and
the Senate Revenue and Fiscal Affairs Committee to
appropriate proceeds from the sale of bonds. Authorization
for the sale of the bonds to fund construction is contained
in the Omnibus Bond Authorization Act which is a
companion bill to the Capital Outlay Act and requires a
two-thirds vote of each house. This bill is only heard in
the House Ways and Means Committee and the Senate Revenue
and Fiscal Affairs Committee.
Projects funded by
general obligation bonds are divided into priorities
numbered 1 through 5. When this priority
system was first established, priorities 1 through 4 were
used to correspond to the quarters of the fiscal year in
which the project was scheduled to need funding, and
priority 5 was used to indicate the funding that would be
needed to continue multi-year projects into future years.
Today, Priority 1 is generally limited to reauthorization of
certain previously authorized projects and commitments made
to higher education desegregation settlement requirements.
Priority 2 is generally reserved for projects, which will be
ready to begin during the first and second quarters of the
fiscal year. Priorities 3 and 4 are currently used to
indicate intent for future year funding consideration.
Priority 5 is reserved for dollar amounts, which can be
approved for a noncash line of credit in order to sign
contracts for the entire amount of a project even though the
total amount will not be required for cash payments in the
upcoming fiscal year.
The Act requires
that before any project listed in Priority 2 is funded or
receives a line of credit, all projects in Priority 1 must
either be funded or be declared "Impossible or Impractical"
by the State Bond Commission. During the interim between
legislative sessions, the priority of a project can be
changed or the project description adjusted only by majority
vote through an Interim Emergency Board ballot.
The Legislator as Controller
of The Purse Strings
|