HLS 14RS-684 REENGROSSED Page 1 of 8 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)(introductory paragraph), (2)(a), (3), and (4)(a) and (B), relative to the3 operating budget; to provide for definitions; to provide for information included in4 the executive budget; to provide for information included in the General5 Appropriation Bill; to provide for information included in the Ancillary6 Appropriation Act; to provide for changes to expenditure category allocations7 included in the General Appropriation Bill; to provide for approval of certain8 changes to expenditure category allocations included in the General Appropriation9 Bill; to provide for an effective date; and to provide for 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)(introductory paragraph), (2)(a), (3), and (4)(a) and (B) are hereby amended and13 reenacted to read as follows: 14 §2. Definitions15 * * *16 (23) "Key objective" means an objective which is designated as such by the17 commissioner of administration and is included in the General Appropriation Act or18 the Ancillary Appropriation Act executive budget or the executive budget supporting19 document.20 HLS 14RS-684 REENGROSSED HB NO. 853 Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (24) "Key performance indicator" means a performance indicator which is1 designated as such by the commissioner of administration and is included in the2 General Appropriation Act or the Ancillary Appropriation Act executive budget or3 the executive budget supporting document.4 * * *5 (46) "Supporting objective" means an objective which is designated as such6 by the commissioner of administration and is included in the executive budget7 supporting document and not included in the General Appropriation Act or Ancillary8 Appropriation Act executive budget.9 (47) "Supporting performance indicator" means a performance indicator10 which is designated as such by the commissioner of administration and is included11 in the executive budget supporting document and not included in the General12 Appropriation Act or Ancillary Appropriation Act executive budget.13 * * *14 §36. Contents and format of executive budget; supporting document15 A. The executive budget shall present a complete financial and16 programmatic plan for the ensuing year, and it shall be configured in a format so as17 to clearly present and highlight the functions and operations of state government and18 the financial requirements associated with those functions and operations. The19 executive budget shall be a performance-based budget and as such may include key20 objectives and key performance indicators. The commissioner of administration may21 designate key objectives and key performance indicators to be included in the22 executive budget. It Additionally, the executive budget shall include at a minimum23 the following:24 * * *25 §51. General Appropriation Bill; other appropriation bills26 * * *27 C.(1) The General Appropriation Bill shall reflect a performance-based28 budget, with specific appropriations for each agency and its programs to include key29 HLS 14RS-684 REENGROSSED HB NO. 853 Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. objectives and key performance indicators therefor. The General Appropriation Bill1 may also contain provisions for specific rewards or penalties for certain agencies as2 provided in R.S. 39:87.4 and shall include the allocation of expenditures, itemized3 by category for each agency, as recommended for the ensuing fiscal year in the4 supporting document.5 (2) The commissioner of administration is authorized to make adjustments6 to the initial allocation of expenditures by category as provided for in the enacted7 General Appropriation Act without approval of the Joint Legislative Committee on8 the Budget, except when funds are transferred to the personnel services category9 from any other expenditure category or when the personnel services category is10 increased from the initial allocation. No amount shall be transferred to the personnel11 services expenditure category from any other expenditure category, nor shall there12 be an increase in the allocation for the personnel services expenditure category from13 the initial allocation without prior approval of the commissioner of administration14 and the Joint Legislative Committee on the Budget.15 * * *16 §87.2. Performance data; rewards and penalties; modifications to data17 * * *18 B. Key objectives, key performance indicators, and the performance19 standards for such key performance indicators which are may be contained in the20 General Appropriation Act, Ancillary Appropriation Act, or any other appropriation21 act through which an executive branch agency receives an appropriation, shall be22 included in the agency's appropriation executive budget. However, in each fiscal23 year any key objectives and key performance indicators recommended and contained24 in the executive budget supporting document for an agency which are not contained25 in an appropriation act the executive budget, and which are not designated as key26 performance objectives and key performance indicators by the commissioner of27 administration, shall be designated as supporting objectives and supporting28 performance indicators for that fiscal year. The availability of funds appropriated29 HLS 14RS-684 REENGROSSED HB NO. 853 Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. shall be conditioned upon each agency's compliance with the provisions of R.S.1 39:87.3, relative to reporting of performance.2 C.(1) In order to ensure adoption of the most accurate expectations of agency3 performance within the state budget, performance data contained in the adopted4 budget executive budget or the executive budget supporting document may be5 adjusted at the beginning of the fiscal year.6 * * *7 §87.3. Performance progress reports8 A. Each agency receiving an appropriation in the General Appropriation Act9 or the Ancillary Appropriation Act shall produce a series of performance progress10 reports. The reports shall provide the legislature with information on the agency's11 actual progress toward achievement of that year's performance standards for12 performance indicators contained within the General Appropriation Act, the13 Ancillary Appropriation Act, and the executive budget or the executive budget14 supporting document. The Joint Legislative Committee on the Budget or a15 subcommittee thereof, hereinafter referred to in this Section as the "committee", shall16 prescribe the format and the method of transmission of the reports. The reports shall17 be submitted to the committee, the legislative fiscal officer, the legislative auditor,18 and the commissioner of administration, and shall contain data as provided in19 Paragraphs (1) through (4) of this Subsection, as well as any other data required by20 the committee relative to agency performance and accountability. The reporting21 schedule and specific components of each report are as follows:22 * * *23 (2) The Mid-year Performance Progress Report shall be submitted to the24 committee, the legislative fiscal officer, the legislative auditor, and the commissioner25 of administration on or before February eighth of each year, and it shall contain data26 for the period of July through December of the current fiscal year. It shall include:27 (a) For each performance indicator included in the executive budget or28 executive budget supporting document or the General Appropriation Act or the29 HLS 14RS-684 REENGROSSED HB NO. 853 Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Ancillary Appropriation Act, a comparison of the actual performance with the annual1 performance standard therefor contained in the executive budget supporting2 document or the General Appropriation Act or the Ancillary Appropriation Act,3 including a brief explanation of any variance from the standard which exceeds five4 percent.5 * * *6 (3) The Third Quarter Performance Progress Report shall be submitted to the7 committee, the legislative fiscal officer, the legislative auditor, and the commissioner8 of administration on or before May eighth of each year, and it shall contain data for9 the period of July through March of the current fiscal year. It shall include, for each10 key performance indicator designated as such and contained in the General11 Appropriation Act or the Ancillary Appropriation Act executive budget or the12 executive budget supporting document, a comparison of the actual performance with13 the annual performance standard therefor, including a brief explanation of any14 variance from the standard which exceeds five percent.15 (4) The Year-end Performance Progress Report shall be submitted to the16 committee, the legislative fiscal officer, the legislative auditor, and the commissioner17 of administration on or before September eighth of each year. It shall contain data18 from the immediately preceding fiscal year, and it shall cover the period of July19 through June of that fiscal year, to include:20 (a) For each performance indicator included in the executive budget or21 executive budget supporting document or the General Appropriation Act or the22 Ancillary Appropriation Act, a comparison of the actual performance with the annual23 performance standard therefor contained in the executive budget supporting24 document or the General Appropriation Act or the Ancillary Appropriation Act,25 including a brief explanation of any variance from the standard which exceeds five26 percent.27 * * *28 HLS 14RS-684 REENGROSSED HB NO. 853 Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B. The performance progress reports shall be used by the committee in the1 assessment of each agency's progress in achieving the performance standards2 contained in the General Appropriation Act or the Ancillary Appropriation Act and3 the executive budget or executive budget supporting document. Each agency's4 performance progress reports, particularly the Year-end Performance Progress5 Report, shall be reviewed and considered by the committee in the development of6 any recommendation for or the granting of any reward or imposition of any penalty7 authorized under R.S. 39:87.4.8 * * *9 Section 2. This Act shall become effective on July 1, 2014; if vetoed by the governor10 and subsequently approved by the legislature, this Act shall become effective on July 1,11 2014, or on the day following such approval by the legislature, whichever is later.12 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. HLS 14RS-684 REENGROSSED HB NO. 853 Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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. 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 the allocation of expenditures, 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 Act 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 allocation for 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. HLS 14RS-684 REENGROSSED HB NO. 853 Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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)(intro. para.), (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. House Floor Amendments to the engrossed bill. 1. Made technical amendments and amendments for clarification.