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Black lawmakers say Blanco's budget cuts were unconstitutional

05:38 PM CST on Wednesday, November 9, 2005

Melinda Deslatte / Associated Press

BATON ROUGE -- Louisiana's black lawmakers filed a lawsuit against Gov. Kathleen Blanco on Wednesday, saying she exceeded her constitutional authority by making deep budget cuts without legislative approval.

Blanco cut $431 million from state agencies by executive order to start coping with a nearly $1 billion deficit in the state's operating budget caused by Hurricanes Katrina and Rita.

Though lawmakers meeting in a special session could undo all of the governor's cuts, the Louisiana Legislative Black Caucus asked in its lawsuit for Blanco's executive order, issued Saturday, to be thrown out.

"The Governor's budget cuts, no doubt well meaning, are without basis in law and are thus without effect," Sen. Cleo Fields, D-Baton Rouge, wrote in the court documents.

The Blanco administration initially had indicated the governor would make fewer cuts on her own and consult the Legislature, asking for approval of a joint House-Senate budget committee, about others.

But her staff devised deeper reductions based on a "letter of advice" from the attorney general's office that said the governor could cut up to 10 percent in each state agency without requiring a vote from legislators because of language in the general appropriations bill that outlines state spending for the year.

Top lawmakers, including Blanco allies, disagreed with the attorney general's determination.

"If she can do it, why is it necessary for us to be here in a session?" Rep. Willie Hunter, D-Monroe, a member of the black caucus, asked in budget hearings this week.

Louisiana's budget took a huge hit from the hurricanes, which displaced residents and businesses and heavily damaged the tax income the state had expected to use to pay for services in its $18.7 billion budget for the fiscal year that began July 1.

The state is required by its constitution to maintain a balanced budget. Blanco proposed cuts across state agencies, with slashing to health care, education and pet projects for legislators. The deepest reductions will hit health care services and college funding, two of the state's largest areas for spending.

When the govrnor's cuts were made, her chief financial adviser, Commissioner of Administration Jerry Luke LeBlanc, said Blanco made aggressive cuts because the situation was so severe.

To fill in the rest of the gap in the state budget, Blanco wants lawmakers to use one-third, or $154 million, of the state's "rainy day" fund -- all that is allowed without approval in a statewide election -- and borrow some cash. Some money also was saved throug a previous hiring and partial spending freeze issued by Blanco in September.

(Copyright 2005 by The Associated Press. All Rights Reserved.)

                                                                                                                                                                                                                                                           

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