HLS 14RS-684 ENGROSSED Page 1 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 853 BY REPRESENTATIVE HARRIS BUDGETARY PROCEDURES: Provides for information included in the executive budget and the General Appropriation Bill AN ACT1 To amend and reenact R.S. 39:2(23), (24), (46), and (47), 36(A), 51(C), 87.2(B) and (C)(1),2 and 87.3(A), (2)(a), (3), and (4)(a) and (B), relative to the operating budget; to3 provide for definitions; to provide for information included in the executive budget;4 to provide for information included in the General Appropriation Bill; to provide for5 information included in the Ancillary Appropriation Act; to provide for changes to6 expenditure category allocations included in the General Appropriation Bill; to7 provide for approval of certain changes to expenditure category allocations included8 in the General Appropriation Bill; to provide for an effective date; and to provide for9 related matters.10 Be it enacted by the Legislature of Louisiana:11 Section 1. R.S. 39:2(23), (24), (46), and (47), 36(A), 51(C), 87.2(B) and (C)(1), and12 87.3(A), (2)(a), (3), and (4)(a) and (B) are hereby amended and reenacted to read as follows:13 §2. Definitions14 * * *15 (23) "Key objective" means an objective which is designated as such by the16 commissioner of administration and is included in the General Appropriation Act or17 the Ancillary Appropriation Act executive budget or the executive budget supporting18 document.19 (24) "Key performance indicator" means a performance indicator which is20 designated as such by the commissioner of administration and is included in the21 HLS 14RS-684 ENGROSSED HB NO. 853 Page 2 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. General Appropriation Act or the Ancillary Appropriation Act executive budget or1 the executive budget supporting document.2 * * *3 (46) "Supporting objective" means an objective which is designated as such4 by the commissioner of administration and is included in the executive budget5 supporting document and not included in the General Appropriation Act or Ancillary6 Appropriation Act executive budget.7 (47) "Supporting performance indicator" means a performance indicator8 which is designated as such by the commissioner of administration and is included9 in the executive budget supporting document and not included in the General10 Appropriation Act or Ancillary Appropriation Act executive budget.11 * * *12 §36. Contents and format of executive budget; supporting document13 A. The executive budget shall present a complete financial and14 programmatic plan for the ensuing year, and it shall be configured in a format so as15 to clearly present and highlight the functions and operations of state government and16 the financial requirements associated with those functions and operations. The17 executive budget shall be a performance-based budget and as such may include key18 objectives and key performance indicators. The commissioner of administration may19 designate key objectives and key performance indicators to be included in the20 executive budget. It Additionally, the executive budget shall include at a minimum21 the following:22 * * *23 §51. General Appropriation Bill; other appropriation bills24 * * *25 C.(1) The General Appropriation Bill shall reflect a performance-based26 budget, with specific appropriations for each agency and its programs to include key27 objectives and key performance indicators therefor. The General Appropriation Bill28 may also contain provisions for specific rewards or penalties for certain agencies as29 HLS 14RS-684 ENGROSSED HB NO. 853 Page 3 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. provided in R.S. 39:87.4 and shall include expenditure categories, itemized by1 category for each agency, as recommended for the ensuing fiscal year in the2 supporting document.3 (2) The commissioner of administration is authorized to make adjustments4 to the initial allocation of expenditures by category as provided for in the enacted5 General Appropriation Bill without approval of the Joint Legislative Committee on6 the Budget, except when funds are transferred to the personnel services category7 from any other expenditure category or when the personnel services category is8 increased from the initial allocation. No amount shall be transferred to the personnel9 services expenditure category from any other expenditure category nor shall there10 be an increase in the personnel services expenditure category from the initial11 allocation without prior approval of the commissioner of administration and the Joint12 Legislative Committee on the Budget.13 * * *14 §87.2. Performance data; rewards and penalties; modifications to data15 * * *16 B. Key objectives, key performance indicators, and the performance17 standards for such key performance indicators which are may be contained in the18 General Appropriation Act, Ancillary Appropriation Act, or any other appropriation19 act through which an executive branch agency receives an appropriation, shall be20 included in the agency's appropriation executive budget. However, in each fiscal21 year any key objectives and key performance indicators recommended and contained22 in the executive budget supporting document for an agency which are not contained23 in an appropriation act the executive budget, and which are not designated as key24 performance objectives and key performance indicators by the commissioner of25 administration, shall be designated as supporting objectives and supporting26 performance indicators for that fiscal year. The availability of funds appropriated27 shall be conditioned upon each agency's compliance with the provisions of R.S.28 39:87.3, relative to reporting of performance.29 HLS 14RS-684 ENGROSSED HB NO. 853 Page 4 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. C.(1) In order to ensure adoption of the most accurate expectations of agency1 performance within the state budget, performance data contained in the adopted2 budget executive budget or the supporting document may be adjusted at the3 beginning of the fiscal year.4 * * *5 §87.3. Performance progress reports6 A. Each agency receiving an appropriation in the General Appropriation Act7 or the Ancillary Appropriation Act shall produce a series of performance progress8 reports. The reports shall provide the legislature with information on the agency's9 actual progress toward achievement of that year's performance standards for10 performance indicators contained within the General Appropriation Act, the11 Ancillary Appropriation Act, and the executive budget or the executive budget12 supporting document. The Joint Legislative Committee on the Budget or a13 subcommittee thereof, hereinafter referred to in this Section as the "committee", shall14 prescribe the format and the method of transmission of the reports. The reports shall15 be submitted to the committee, the legislative fiscal officer, the legislative auditor,16 and the commissioner of administration, and shall contain data as provided in17 Paragraphs (1) through (4) of this Subsection, as well as any other data required by18 the committee relative to agency performance and accountability. The reporting19 schedule and specific components of each report are as follows:20 * * *21 (2)22 * * *23 (a) For each performance indicator included in the executive budget or24 executive budget supporting document or the General Appropriation Act or the25 Ancillary Appropriation Act, a comparison of the actual performance with the annual26 performance standard therefor contained in the executive budget supporting27 document or the General Appropriation Act or the Ancillary Appropriation Act,28 HLS 14RS-684 ENGROSSED HB NO. 853 Page 5 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. including a brief explanation of any variance from the standard which exceeds five1 percent.2 * * *3 (3) The Third Quarter Performance Progress Report shall be submitted to the4 committee, the legislative fiscal officer, the legislative auditor, and the commissioner5 of administration on or before May eighth of each year, and it shall contain data for6 the period of July through March of the current fiscal year. It shall include, for each7 key performance indicator designated as such and contained in the General8 Appropriation Act or the Ancillary Appropriation Act executive budget or the9 executive budget supporting document, a comparison of the actual performance with10 the annual performance standard therefor, including a brief explanation of any11 variance from the standard which exceeds five percent.12 (4)13 * * *14 (a) For each performance indicator included in the executive budget or15 executive budget supporting document or the General Appropriation Act or the16 Ancillary Appropriation Act, a comparison of the actual performance with the annual17 performance standard therefor contained in the executive budget supporting18 document or the General Appropriation Act or the Ancillary Appropriation Act,19 including a brief explanation of any variance from the standard which exceeds five20 percent.21 * * *22 B. The performance progress reports shall be used by the committee in the23 assessment of each agency's progress in achieving the performance standards24 contained in the General Appropriation Act or the Ancillary Appropriation Act and25 the executive budget or executive budget supporting document. Each agency's26 performance progress reports, particularly the Year-end Performance Progress27 Report, shall be reviewed and considered by the committee in the development of28 HLS 14RS-684 ENGROSSED HB NO. 853 Page 6 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. any recommendation for or the granting of any reward or imposition of any penalty1 authorized under R.S. 39:87.4.2 * * *3 Section 2. This Act shall become effective on July 1, 2014; if vetoed by the governor4 and subsequently approved by the legislature, this Act shall become effective on July 1,5 2014, or on the day following such approval by the legislature, whichever is later.6 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Harris HB No. 853 Abstract: Requires the General Appropriation Bill to include expenditure categories, itemized by category, for each agency and provides for changes from the initial allocation of expenditures in each category. Further deletes the requirement that the General Appropriation Bill or the Ancillary Appropriation Act include key objectives and key performance indicators and requires them to be included in the executive budget or the executive budget supporting document. Present law provides for definitions of key and supporting performance information. Key objectives and performance indicators are those contained in the General Appropriations Act or Ancillary Appropriation Act and all other performance information contained in the executive budget supporting document, but not in the appropriation acts as defined as supporting objectives and performance indicators. Proposed law changes the definition of key objective and performance indicator from those that are found in the General Appropriations Act or Ancillary Appropriation Act to those designated as such by the commissioner of administration and found in the executive budget or the executive budget supporting document. Proposed law further changes the definition of supporting objective and performance indicator from those included in the executive budget supporting document but not in the appropriation acts to those designated as such by the commissioner of administration and included in the executive budget supporting document but not in the executive budget. Present law provides for the executive budget as a complete financial and programmatic plan for the ensuing year and requires the executive budget to be a performance-based budget. Present law further requires certain minimum content to be included in the executive budget. Proposed law retains present law and further allows for the executive budget to include key objectives and key performance indicators and for the commissioner of administration to designate the key performance information to be included in the executive budget. Present law relative to the General Appropriation Bill, requires that the bill reflect a performance-based budget, with specific appropriations for each agency and its programs to include key objectives and key performance indicators. Present law further allows for the General Appropriation Bill to contain provisions for specific rewards or penalties for certain agencies as provided in the Louisiana Government Performance and Accountability Act. HLS 14RS-684 ENGROSSED HB NO. 853 Page 7 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law deletes the requirement that the General Appropriation Bill include key objectives and key performance indicators. Proposed law further deletes the provisions for specific rewards or penalties for certain agencies as provided in the Louisiana Government Performance and Accountability Act. Proposed law requires the General Appropriation Bill to include expenditure categories, itemized by category for each agency, as recommended for the ensuing fiscal year in the supporting document. Proposed law allows the commissioner of administration to make adjustments to the initial allocation of expenditures by category as provided for in the enacted General Appropriation Bill without approval of the Joint Legislative Committee on the Budget, except when funds are transferred to the personnel services category from any other expenditure category or when the personnel services category is increased from the initial allocation. Proposed law further provides that no amount shall be transferred to the personnel services expenditure category from any other expenditure category nor shall there be an increase in the personnel services expenditure category from the initial allocation without prior approval of the commissioner of administration and the Joint Legislative Committee on the Budget. Present law requires that key objectives, key performance indicators, and the performance standards for such key performance indicators which are contained in the General Appropriation Act, Ancillary Appropriation Act, or any other appropriation act, be included in the agency's appropriation. Present law further requires any key objectives and key performance indicators recommended in the executive budget that are not contained in an appropriation act to be designated as supporting objectives and supporting performance indicators for that fiscal year. Proposed law changes the documents to which the key objectives and performance indicators may be contained from the appropriation acts to the executive budget. Proposed law further provides that performance objectives recommended and contained in the executive budget supporting document for an agency which are not contained in the executive budget be designated as supporting objectives and supporting performance indicators by the commissioner of administration. Present law provides for performance progress reports on agencies receiving appropriations in the General Appropriation Act or the Ancillary Appropriation Act. The reports are required to provide the legislature with information on the performance indicators contained in the General Appropriation Act, the Ancillary Appropriation Act and the executive budget supporting document. Proposed law deletes the General Appropriation Act and the Ancillary Appropriation Act from the list of instruments to which the performance indicators are included in order to be reported on. Effective July 1, 2014. (Amends R.S. 39:2(23), (24), (46), and (47), 36(A), 51(C), 87.2(B) and (C)(1), and 87.3(A), (2)(a), (3), and (4)(a) and (B)) Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Appropriations to the original bill. 1. Allowed for an option to include the key performance information in the executive budget or the executive budget supporting document.