ENROLLED
ACT No. 87
2015 Regular Session
HOUSE BILL NO. 30
BY REPRESENTATIVES RICHARD, ARNOLD, BERTHELOT, STUART BISHOP,
BROWN, BURFORD, COX, GAROFALO, GEYMANN, GISCLAIR, HARRIS,
HARRISON, HAVARD, HENRY, HENSGENS, HOWARD, HUNTER, HUVAL,
JAMES, JEFFERSON, JAY MORRIS, ORTEGO, PEARSON, PIERRE, POPE,
PYLANT, SCHEXNAYDER, SCHRODER, TALBOT, WHITNEY, PATRICK
WILLIAMS, AND WILLMOTT AND SENATOR MI LLS
1 AN ACT
2 To amend and reenact R.S. 39:82(A) and 352 and to enact Subpart S of Part II-A of Chapter
3 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, to be comprised
4 of R.S. 39:100.146, 1567(E), and Subpart F of Part I of Chapter 16 of Subtitle III of
5 Title 39 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 39:1590,
6 relative to professional, personal, and consulting services procurement; to require
7 consideration by the Joint Legislative Committee on the Budget of certain
8 professional, personal, and consulting service contracts; to provide for the
9 submission of periodic reports; to provide for exceptions; to establish the Higher
10 Education Financing Fund; to provide for the deposit, use, and investment of monies
11 in the fund; to provide for an effective date; and to provide for related matters.
12 Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 39:82(A) and 352 are hereby amended and reenacted and Subpart S
14 of Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,
15 comprised of R.S. 39:100.146, R.S. 39:1567(E), and Subpart F of Part I of Chapter 16 of
16 Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:1590,
17 are hereby enacted to read as follows:
18 §82. Remission of cash balances to the state treasurer; authorized withdrawals of
19 state monies after the close of the fiscal year
20 A. All cash balances occurring from appropriations made by legislative act
21 or by the Interim Emergency Board regardless of date of passage to any state agency
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1 for which no bona fide liability exists on the last day of each fiscal year shall be
2 remitted to the state treasurer by the fifteenth day following the last day of the fiscal
3 year. Any appropriations including those made by the Interim Emergency Board of
4 the preceding fiscal year remaining at the end of the fiscal year against which bona
5 fide liabilities existed as of the last day of the fiscal year may be withdrawn from the
6 state treasury during the forty-five day period after the last day of the fiscal year only
7 as such liabilities come due for payment. Prior to placing monies associated with
8 such unexpended appropriations into the state general fund, the state treasurer shall
9 transfer all cash balances identified and reported by the commissioner of
10 administration as being from unexpended and unencumbered state general fund
11 (direct) and Overcollections Fund appropriations for professional, personal, and
12 consulting service contracts not approved by the Joint Legislative Committee on the
13 Budget as provided in R.S. 39:1590 and remaining at the end of each fiscal year for
14 deposit in and credit to the Higher Education Financing Fund as are necessary to
15 satisfy the requirements of R.S. 39:100.146, and then shall make deposits to the
16 Payments Towards the UAL Fund as are necessary to satisfy the requirements of
17 R.S. 39:100.11.
18 * * *
19 SUBPART S. HIGHER EDUCATION FINANCING FUND
20 §100.146. Higher Education Financing Fund
21 A. There is hereby established in the state treasury, as a special fund, the
22 Higher Education Financing Fund, hereinafter referred to as the "fund".
23 B.(1) The state treasurer is directed to deposit into the fund an amount equal
24 to cash balances identified and reported by the commissioner of administration as
25 being from unexpended and unencumbered state general fund (direct) and
26 Overcollections Fund appropriations for contracts not approved by the Joint
27 Legislative Committee on the Budget for professional, personal, and consulting
28 services under the jurisdiction of the office of state procurement available at the end
29 of each fiscal year as are necessary to satisfy the requirements of R.S. 39:1590. The
30 commissioner of administration, in consultation with the state chief procurement
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1 officer, shall periodically determine the amount of monies appropriated for
2 professional, personal, and consulting service contracts that remain unexpended and
3 unencumbered as a result of implementation of R.S. 39:1590. Such determination
4 shall take place on the following dates in fiscal years 2015-2016, 2016-2017, and
5 2017-2018:
6 (a) September thirtieth.
7 (b) December thirty-first.
8 (c) March thirty-first.
9 (d) June thirtieth.
10 (2) All unexpended and unencumbered monies in the fund at the end of the
11 fiscal year shall remain in the fund. The monies in the fund shall be invested by the
12 state treasurer in the same manner as monies in the state general fund, and interest
13 earned on the investment of monies shall be credited to the fund.
14 C. Monies in the fund shall be appropriated and used solely for public
15 postsecondary education institutions.
16 * * *
17 §352. Cancellation of unexpended portions of appropriations; exceptions
18 Whenever any specific appropriation is made to meet any item of expenditure
19 which occurs annually by provision of law or for contingent expense, and any
20 portion of it remains unexpended at the end of the year for which the specific
21 appropriation was made, after all legal claims against it for the year have been paid,
22 the commissioner of administration shall cancel any balance of the appropriation,
23 and each succeeding year he shall open a new account for the appropriation which
24 may be made for that particular year, without carrying forward any unexpended
25 balance of appropriation made for any previous year. This provision shall not apply
26 to appropriations made to pay the debt of the state, principal and interest. Prior to
27 placing monies associated with such unexpended appropriations into the state general
28 fund, the state treasurer shall transfer all cash balances identified and reported by the
29 commissioner of administration as being from unexpended and unencumbered state
30 general fund (direct) and Overcollections Fund appropriations for professional,
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1 personal, and consulting service contracts not approved by the Joint Legislative
2 Committee on the Budget as provided in R.S. 39:1590 remaining at the end of each
3 fiscal year for deposit in and credit to the Higher Education Financing Fund as is
4 necessary to satisfy the requirements of R.S. 39:100.146 and then shall make
5 deposits to the Payments Towards the UAL Fund as are necessary to satisfy the
6 requirements of R.S. 39:100.11.
7 * * *
8 §1567. Reporting requirements
9 * * *
10 E. The state chief procurement officer shall submit a report at the end of each
11 month to the Joint Legislative Committee on the Budget summarizing each contract,
12 including the dollar value of each contract awarded that month over which the office
13 of state procurement has power and authority. The report shall also indicate if each
14 contract is for discretionary purposes or if it is for nondiscretionary purposes.
15 * * *
16 SUBPART F. APPROVAL OF CERTAIN PROFESSIONAL,
17 PERSONAL, AND CONSULTING SERVICES CONTRACTS
18 FOR FISCAL YEAR 2015-2016 THROUGH FISCAL YEAR 2017-2018
19 §1590. Approval of Certain Professional, Personal, and Consulting Services
20 Contracts for Fiscal Year 2015-2016 Through Fiscal Year 2017-2018
21 A. In Fiscal Year 2015-2016 through 2017-2018, the commissioner of
22 administration, in consultation with the state chief procurement officer, shall report
23 each contract for professional, personal, and consulting services with a total dollar
24 amount of forty thousand dollars or more per year that is funded solely with state
25 general fund (direct) or the Overcollections Fund and is for discretionary purposes
26 to the Joint Legislative Committee on the Budget for review and approval prior to
27 the effectiveness of the contract.
28 (1) If within thirty days of receipt of the contract, the Joint Legislative
29 Committee on the Budget does not place the contract on its agenda for review and
30 approval, the contract shall be deemed to be approved.
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1 (2) If within thirty days of receipt of the contract, the contract is placed on
2 the agenda for review, the Joint Legislative Committee on the Budget may take the
3 following action:
4 (a) Approve the contract.
5 (b) Reject the contract and notify the commissioner of administration that
6 such funds otherwise proposed for this purpose shall be deposited into the Higher
7 Education Financing Fund as provided in R.S. 39:100.146.
8 (c) Recommend revisions to the contract. If the Joint Legislative Committee
9 on the Budget recommends revisions to the contract, the contract shall not become
10 effective until it is revised, resubmitted to the Joint Legislative Committee on the
11 Budget, and acted upon again by the committee. If the commissioner of
12 administration, in consultation with the state chief procurement officer, does not
13 resubmit the contract to the Joint Legislative Committee on the Budget within thirty
14 days after the committee recommends revisions to the contract, the contract shall be
15 deemed to be rejected and funds otherwise proposed for this purpose shall be
16 deposited into the Higher Education Financing Fund as provided in R.S. 39:100.146.
17 B.(1) The commissioner of administration, in consultation with the state
18 chief procurement officer, shall periodically determine the amount of monies
19 appropriated for professional, personal, and consulting service contracts that are not
20 approved by the Joint Legislative Committee on the Budget and remain unexpended
21 and unencumbered as a result of implementation of this Section. Such determination
22 shall take place on the following dates in fiscal years 2015-2016, 2016-2017, and
23 2017-2018:
24 (a) September thirtieth.
25 (b) December thirty-first.
26 (c) March thirty-first.
27 (d) June thirtieth.
28 (2) Following each determination required pursuant to the provisions of this
29 Subsection, the commissioner of administration shall report to the state treasurer the
30 amount of state general fund (direct) and Overcollections Fund monies appropriated
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1 for professional, personal, and consulting service contracts that are expected to
2 remain unexpended and unencumbered at the end of the fiscal year as a result of
3 implementation of this Section. These monies shall be available for deposit in and
4 credit to the Higher Education Financing Fund as provided for in R.S. 39:100.146.
5 C. Notwithstanding any provision of law to the contrary, this Section shall
6 not apply to the following professional, personal, or consulting service contracts:
7 (1) Contracts of the secretary of state necessary to perform any constitutional
8 or statutory function of the office.
9 (2) All contracts to implement the programs of the Department of Health and
10 Hospitals funded pursuant to Title XIX, Title XX, and Title XXI of the Social
11 Security Act or funded fully or partially by federal funds.
12 (3) Contracts with state or local providers of indigent defender services
13 necessary to perform any constitutional or statutory function.
14 (4) Contracts of a district attorney necessary to perform any constitutional,
15 discretionary, or statutory function of the office, or to perform services under the
16 child support enforcement program administered by the Department of Children and
17 Family Services in accordance with the federal requirements of Title IV-D of the
18 Social Security Act and corresponding state laws and regulations.
19 Section 2. The provisions of Section 1 of this Act shall become null, void, and of no
20 effect on July 1, 2018.
21 Section 3. This Act shall become effective on July 1, 2015; if vetoed by the governor
22 and subsequently approved by the legislature, this Act shall become effective on July 1,
23 2015, or on the day following such approval by the legislature, whichever is later.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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