Louisiana GOP Lawmakers Sue Over Jindal Budget

Two Republican Louisiana state representatives have filed suit in a Baton Rouge state district court contending that Gov. Bobby Jindal’s operating budget is unconstitutional.

The suit filed last week by Rep. Kirk Talbot of River Ridge and Rep. Cameron Henry of Metrairie maintains that the fiscal 2013 budget includes at least $240 million of non-recurring revenues, contingency revenue that has yet to materialize, and fund transfers.

The problem is an unconstitutional budget process, said Talbot, vice chairman of the House Appropriations Committee.

“Judicial review of these matters is the logical next step in our efforts to fix our broken budget process,” he said.

Talbot and other legislators asked Attorney General Buddy Caldwell last month for an opinion of the budget, but he declined.

Caldwell, state Treasurer John N. Kennedy, and the state are named as defendants in the case that will be heard by District Judge Tim Kelly.

The $25 billion operating budget is constitutional and protects vital state functions, Jindal declared in his response.

“The budget that was passed by the Legislature is constitutional, doesn’t spend more dollars than the state takes in, and protects higher education and health care services,” said Jindal, a Republican.

A declaration that the fiscal 2013 budget is unconstitutional would endanger funding for hospitals and colleges, the governor said.

“It doesn’t make sense to make unnecessary cuts to health care and higher education,” he said.

A ruling for the plaintiffs could require budget cuts of $286 million in health care and almost $60 million for higher education before the fiscal year ends on June 30, according to the Division of Administration.

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