HLS 16RS-359 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 105
BY REPRESENTATIVE HENRY
APPROPRIATIONS: Provides for the ordinary operating expenses of the Department of
Justice, Office of the Attorney General, for Fiscal Year 2016-2017
1 AN ACT
2To make appropriations for the ordinary expenses of the Department of Justice and
3 providing with respect to the expenditure of said appropriations; to provide for an
4 effective date; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.A. The appropriations in this Act from state revenue shall be payable out
7of the sources specified and shall be limited by the provisions of Article VII, Section 10(D)
8of the Louisiana Constitution.
9 B. The Attorney General shall warrant the state treasurer for the allocations herein
10provided to the Department of Justice and the state treasurer shall pay said warrants by
11preference over all other warrants, except warrants for the salaries of constitutional officers
12of the state, which shall be concurrent with the warrants provided by this Act.
13 Section 2. All money from federal, interagency, statutory dedications, or self-
14generated revenues shall be available for expenditure in the amounts herein appropriated.
15Any increase in such revenues shall be available for allotment and expenditure by an agency
16on approval of an increase in the appropriation by the Joint Legislative Committee on the
17Budget. Any increase in such revenues for an agency without an appropriation from the
18respective revenue source shall be incorporated into the agency's appropriation on approval
19of the Joint Legislative Committee on the Budget. In the event that these revenues should
20be less than the amount appropriated, the appropriation shall be reduced accordingly. To the
21extent that such funds were included in the budget on a matching basis with state funds, a
Page 1 of 9 HLS 16RS-359 REENGROSSED
HB NO. 105
1corresponding decrease in the state matching funds may be made. Any federal funds which
2are classified as disaster or emergency may be expended prior to approval of a BA-7 by the
3Joint Legislative Committee on the Budget upon the Attorney General certifying to the
4governor that any delay would be detrimental to the state. The Joint Legislative Committee
5on the Budget shall be notified in writing of such declaration and shall meet to consider such
6action, but if it is found by the committee that such funds were not needed for an emergency
7expenditure, such approval may be withdrawn and any balance remaining shall not be
8expended.
9 Section 3.A. Notwithstanding any other provision of law to the contrary and before
10the purchase of any luxury or full-size motor vehicle for personal assignment by the
11Attorney General, he shall first submit the request to the Joint Legislative Committee on the
12Budget for approval. "Luxury or full-sized motor vehicle" shall mean or refer to such
13vehicles as defined or used in rules or guidelines promulgated and implemented by the
14division of administration.
15 B. Notwithstanding any other provision of law to the contrary, the Department of
16Justice may use a portion of its appropriations contained in this Act for the expenditure of
17funds for salaries and related benefits for smoking cessation wellness programs, including
18pharmacotherapy and behavioral counseling for state employees of the agency.
19 Section 4. Each schedule as designated by a five-digit number code for which an
20appropriation is made in this Act is hereby declared to be a budget unit of the state.
21 Section 5.A. The program descriptions, account descriptions, and the role, scope,
22and mission statements of departments, agencies, programs, and budget units contained in
23this Act are not part of the law and are not enacted into law by virtue of their inclusion in this
24Act.
25 B. All key and supporting performance objectives and indicators for the Department
26of Justice as contained in the Governor's Executive Budget Supporting Document shall be
27adjusted by the Attorney General, or his designee, to reflect the funds appropriated. The
28Attorney General shall report on these adjustments to the Commissioner of Administration
29and the Joint Legislative Committee on the Budget by August 12, 2016.
Page 2 of 9 HLS 16RS-359 REENGROSSED
HB NO. 105
1 Section 6. Unless otherwise prohibited by this Act, funds may be transferred
2between departments or schedules receiving appropriations in this Act and in the General
3Appropriation Act. Such transfers that affect the Department of Justice shall be subject to
4the approval of the Joint Legislative Committee on the Budget.
5 Section 7. The state treasurer is hereby authorized and directed to use any available
6funds on deposit in the state treasury to complete the payment of General Fund
7appropriations for the Department of Justice for the Fiscal Year 2015-2016, as contained in
8Act 16 of the 2015 Regular Session of the Legislature. In order to conform to the provisions
9of P.L. 101-453, the Cash Management Improvement Act of 1990, and in accordance with
10the agreement executed between the state and Financial Management Services, a division
11of the U.S. Treasury, the state treasurer is hereby authorized to release checks drawn on
12federally funded appropriations prior to the receipt of funds from the U.S. Treasury.
13 Section 8.A.(1) The figures in parentheses following the designation of a department
14are the total authorized positions and authorized other charges positions for that department.
15 (2) The number of authorized positions and authorized other charges positions
16approved for each department as a result of the passage of this Act may be increased by the
17Attorney General in conjunction with the transfer of functions or funds to the Department
18of Justice when sufficient documentation is presented to and approved by the Joint
19Legislative Committee on the Budget.
20 B. The budget requests of the Department of Justice shall include, within their
21existing table of organization, positions which perform the function of internal auditing,
22including the position of a chief audit executive. The chief audit executive shall be
23responsible for ensuring that the internal audit function adheres to the Institute of Internal
24Auditors, International Standards for the Professional Practice of Internal Auditing. The
25chief audit executive shall maintain organizational independence in accordance with these
26standards and shall have direct and unrestricted access to the commission, board, secretary,
27or equivalent head of the agency. The chief audit executive shall certify to the commission,
28board, secretary, or equivalent head of the agency that the internal audit function conforms
29to the Institute of Internal Auditors, International Standards for the Professional Practice of
30Internal Auditing.
Page 3 of 9 HLS 16RS-359 REENGROSSED
HB NO. 105
1 C. In the event that any cost assessment allocation proposed by the Office of Group
2Benefits becomes effective during Fiscal Year 2016-2017, the Department of Justice shall
3pay out of its respective appropriation an amount no less than seventy-five percent of total
4premiums for all active employees and those retirees with Medicare in accordance with R.S.
542:851(D)(1) for the state basic health insurance indemnity program.
6 D. In the event that any cost allocation or increase recommended by the Public
7Retirement Systems' Actuarial Committee through adoption of a valuation submitted to the
8Joint Legislative Committee on the Budget and the House and Senate committees on
9retirement becomes effective before or during Fiscal Year 2016-2017, the Department of
10Justice shall pay out of its appropriation funds necessary to satisfy the requirements of such
11increase.
12 Section 9.A. Pursuant to Article IV, Section 5(G)(2) and Article VII, Section 10(F)
13of the Constitution of Louisiana, if at any time during Fiscal Year 2016-2017 the official
14budget status report indicates that appropriations will exceed the official revenue forecast,
15the governor shall have full power to reduce appropriations in accordance with R.S. 39:75.
16The Attorney General shall have the authority to make adjustments to other means of
17financing and positions in his department necessary to balance the budget based on the
18adjustments made as authorized by R.S. 39:75(C).
19 B. The governor may also issue executive orders in a combination of any of the
20foregoing means for the purpose of preventing the occurrence of a deficit.
21 Section 10. For the purpose of paying appropriations made herein, all revenues due
22the state in Fiscal Year 2016-2017 shall be credited by the collecting agency to Fiscal Year
232016-2017 provided such revenues are received in time to liquidate obligations incurred
24during Fiscal Year 2016-2017.
25 Section 11. In the event that more than one appropriation is made in this Act or the
26General Appropriation Act which is payable from any specific statutory dedication, such
27appropriations shall be allocated and distributed by the state treasurer in accordance with the
28order of priority specified or provided in the law establishing such statutory dedication and
29if there is no such order of priority such appropriations shall be allocated and distributed as
Page 4 of 9 HLS 16RS-359 REENGROSSED
HB NO. 105
1otherwise provided by any provision of law including this or any other act of the legislature
2appropriating funds from the state treasury.
3 Section 12. Pay raises or supplements provided for by this Act shall in no way
4supplant any local or parish salaries or salary supplements to which the personnel affected
5would be ordinarily entitled.
6 Section 13. Any unexpended or unencumbered reward monies received by any state
7agency during prior fiscal years pursuant to the Exceptional Performance and Efficiency
8Incentive Program may be carried forward for expenditure in Fiscal Year 2016-2017, in
9accordance with the respective resolution granting the reward. The Attorney General shall
10implement any internal budgetary adjustments necessary to effectuate incorporation of these
11monies into his agencies' budgets for Fiscal Year 2016-2017, and shall provide a summary
12list of all such adjustments to the commissioner of administration and the Joint Legislative
13Committee on the Budget by August thirty-first.
14 Section 14. Should any section, subsection, clause, sentence, phrase, or part of the
15Act for any reason be held, deemed or construed to be unconstitutional or invalid, such
16decisions shall not affect the remaining provisions of the Act, and the legislature hereby
17declares that it would have passed the Act, and each section, subsection, clause, sentence,
18phrase, or part thereof, irrespective of the fact that one or more of the sections, subsections,
19clauses, sentences, phrases, or parts thereof, is declared unconstitutional or invalid. To this
20end, the provisions of this Act are hereby declared severable.
21 Section 15.A. All BA-7 budget transactions, including relevant changes to
22performance information, submitted in accordance with this Act or any other provisions of
23law which require approval by the Joint Legislative Committee on the Budget shall be
24submitted to the Joint Legislative Committee on the Budget and Legislative Fiscal Office
25a minimum of sixteen working days prior to consideration by the Joint Legislative
26Committee on the Budget. Each submission must include full justification of the transaction
27requested, but submission in accordance with this deadline shall not be the sole determinant
28of whether the item is actually placed on the agenda for a hearing by the Joint Legislative
29Committee on the Budget. Transactions not submitted in accordance with the provisions of
Page 5 of 9 HLS 16RS-359 REENGROSSED
HB NO. 105
1this Section shall be considered by the Joint Legislative Committee on the Budget only when
2extreme circumstances requiring immediate action exist.
3 B. Notwithstanding any contrary provision of this Act or any contrary provision of
4law, no funds appropriated by this Act shall be released or provided to any recipient of an
5appropriation made in this Act if, when, and for as long as, the recipient fails or refuses to
6comply with the provisions of R.S. 24:513. No recipient shall be considered to fail or refuse
7to comply with the provisions of R.S. 24:513 pursuant to this Section during any extension
8of time granted by the legislative auditor or the Legislative Audit Advisory Council. The
9legislative auditor may grant a recipient, for good cause shown, an extension of time to
10comply with the provisions of R.S. 24:513. The Legislative Audit Advisory Council may
11grant additional extensions of time to comply with the provisions of R.S. 24:513 for recipient
12entities of an appropriation contained in this Act with recommendation by the legislative
13auditor pursuant to R.S. 39:72.1.
14 Section 16.A. Except for the conditions set forth in Subsection B of this Section, the
15following sums or so much thereof as may be necessary are hereby appropriated out of any
16monies in the state treasury from the sources specified; from federal funds payable to the
17state by the United States Treasury; or from funds belonging to the State of Louisiana and/or
18collected by boards, commissions, departments, and agencies thereof, for purposes specified
19herein for the year commencing July 1, 2016, and ending June 30, 2017. Funds appropriated
20to auxiliary accounts herein shall be from prior and current year collections, with the
21exception of State General Fund direct. Further provided with regard to auxiliary funds, that
22excess cash funds, excluding cash funds arising from working capital advances, shall be
23invested by the state treasurer with the interest proceeds therefrom credited to each account
24and not transferred to the State General Fund. Except as otherwise provided in this Act, the
25Department of Justice shall be subject to all conditions set forth in Title 39 of the Louisiana
26Revised Statutes of 1950 as amended.
27 B.(1) No funds appropriated in this Act shall be transferred to a public or quasi
28public agency or entity which is not a budget unit of the state unless the intended recipient
29of those funds submits, for approval, a comprehensive budget to the legislative auditor and
30the transferring agency showing all anticipated uses of the appropriation, an estimate of the
Page 6 of 9 HLS 16RS-359 REENGROSSED
HB NO. 105
1duration of the project, and a plan showing specific goals and objectives for the use of such
2funds, including measures of performance. In addition, and prior to making such
3expenditure, the transferring agency shall require each recipient to agree in writing to
4provide written reports to the transferring agency at least every six months concerning the
5use of the funds and the specific goals and objectives for the use of the funds. In the event
6the transferring agency determines that the recipient failed to use the funds set forth in its
7budget within the estimated duration of the project or failed to reasonably achieve its
8specific goals and objectives for the use of the funds, the transferring agency shall demand
9that any unexpended funds be returned to the state treasury unless approval to retain the
10funds is obtained from the Joint Legislative Committee on the Budget. Each recipient shall
11be audited in accordance with R.S. 24:513. If the amount of the public funds received by
12the provider is below the amount for which an audit is required under R.S. 24:513, the
13transferring agency shall monitor and evaluate the use of the funds to ensure effective
14achievement of the goals and objectives. The transferring agency shall forward to the
15legislative auditor and the Joint Legislative Committee on the Budget a report showing
16specific data regarding compliance with this Section and collection of any unexpended
17funds. This report shall be submitted no later than May 1, 2017.
18 (2) Transfers to public or quasi public agencies or entities that have submitted a
19budget request to the division of administration in accordance with Part II of Chapter 1 of
20Subtitle 1 of Title 39 of the Louisiana Revised Statutes of 1950 and transfers authorized by
21specific provisions of the Louisiana Revised Statutes of 1950 and the Constitution of
22Louisiana to local governing authorities shall be exempt from the provisions of this
23Subsection.
24 (3) Notwithstanding any other provision of law or this Act to the contrary, if the
25name of an entity subject to this Subsection is misspelled or misstated in this Act or any
26other Act, the state treasurer may pay the funds appropriated to the entity without obtaining
27the approval of the Joint Legislative Committee on the Budget, but only after the entity has
28provided proof of its correct legal name to the state treasurer and transmitted a copy to the
29staffs of the House Committee on Appropriations and the Senate Committee on Finance.
Page 7 of 9 HLS 16RS-359 REENGROSSED
HB NO. 105
1 DEPARTMENT OF JUSTICE
04-141 OFFICE OF THE ATTORNEY GENERAL2
3EXPENDITURES:
Administrative4
5 Program Description: Includes the Executive Office of the Attorney General and
6 the first assistant attorney general; provides leadership, policy development, and
7 administrative services including management and finance functions, coordination
8 of departmental planning, professional services contracts, mail distribution, human
9 resource management and payroll, employee training and development, property
10 control and telecommunications, information technology, and internal/ external
11 communications.
Civil Law12
13 Program Description: Provides legal services (opinions, counsel, and
14 representation) in the areas of public finance and contract law, education law, land
15 and natural resource law, collection law, consumer protection/environmental law,
16 auto fraud law, and insurance receivership law.
Criminal Law and Medicaid Fraud 17
18 Program Description: Conducts or assists in criminal prosecutions; acts as
19 advisor for district attorneys, legislature and law enforcement entities; provides
20 legal services in the areas of extradition, appeals and habeas corpus proceedings;
21 prepares attorney general opinions concerning criminal law; operates White Collar
22 Crimes Section, Violent Crime and Drug Unit, and Insurance Fraud Unit;
23 investigates and prosecutes individuals and entities defrauding the Medicaid
24 Program or abusing residents in health care facilities and initiates recovery of
25 identified overpayments; and provides investigation services for the department.
Risk Litigation26
27 Program Description: Provides legal representation for the Office of Risk
28 Management, the Self-Insurance Fund, the State of Louisiana and its departments,
29 agencies, boards and commissions and their officers, officials, employees and
30 agents in all claims covered by the State Self-Insurance Fund, and all tort claims
31 whether or not covered by the Self-Insurance Fund. The Division has six regional
32 offices (in Alexandria, Lafayette, New Orleans, Shreveport, Monroe, and Lake
33 Charles) that handle litigation filed in the geographical areas covered by the
34 regional offices.
Gaming35
36 Program Description: Serves as legal advisor to gaming regulatory agencies
37 (Louisiana Gaming Control Board, Office of State Police, Department of Revenue
38 and Taxation, Louisiana State Racing Commission, and Louisiana Lottery
39 Corporation) and represents them in legal proceedings.
40Authorized Positions (479)
41Authorized Other Charges Positions (1)
42 TOTAL EXPENDITURES $63,836,339
43MEANS OF FINANCE:
44State General Fund (Direct) $4,808,077
45State General Fund by:
46 Interagency Transfers $22,565,754
47 Fees & Self-generated Revenues $6,816,714
Page 8 of 9 HLS 16RS-359 REENGROSSED
HB NO. 105
1 Statutory Dedications:
2 Department of Justice Debt Collection Fund $2,391,328
3 Department of Justice Legal Support Fund $8,466,897
4 Riverboat Gaming Enforcement Fund $1,869,475
5 Video Draw Poker Device Fund $2,823,091
6 Insurance Fraud Investigation Fund $ 712,664
7 Louisiana Fund $2,148,200
8 Medical Assistance Program Fraud Detection Fund $1,426,608
9 Pari-mutuel Live Racing Facility Gaming Control Fund $ 834,658
10
11 Sex Offender Registry Technology Fund $ 826,057
12 Tobacco Control Special Fund $ 200,000
13 Tobacco Settlement Enforcement Fund $ 400,000
14 Federal Funds $7,546,816
15
16 TOTAL MEANS OF FINANCING $63,836,339
17 Section 5. This Act shall become effective on July 1, 2016.
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)]
HB 105 Reengrossed 2016 Regular Session Henry
Makes appropriations for the Department of Justice, Office of the Attorney General for FY
2016-2017.
Effective July 1, 2016.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the
original bill:
1. Provide for the appropriations for the Department of Justice, Office of the
Attorney General for Fiscal Year 2016-2017.
The House Floor Amendments to the engrossed bill:
1. Reduce the appropriation out of the State General Fund (Direct) by $6,000,000.
Page 9 of 9