Louisiana 2017 Regular Session

Louisiana House Bill HB64 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 48
2017 Regular Session
HOUSE BILL NO. 64
BY REPRESENTATIVE HENRY
1	AN ACT
2 To provide for the establishment and reestablishment of agency ancillary funds, to be
3 specifically known as internal service funds, auxiliary accounts, or enterprise funds
4 for certain state institutions, officials, and agencies; to provide for appropriation of
5 funds; and to regulate the administration of said funds.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1.  There are hereby appropriated the amounts shown below, which shall be
8 payable out of the state general fund, to the extent of funds deposited, unless otherwise
9 specified, for the establishment and reestablishment of agency ancillary funds which shall
10 be specifically known as internal service funds, auxiliary accounts, or enterprise funds.  The
11 monies in each fund shall be used for working capital in the conduct of business enterprises
12 rendering public service, auxiliary service, and interagency service.
13 In the conduct of each such business, receipts shall be deposited in the state treasury
14 and disbursements made by the state treasurer to the extent of the amount deposited to the
15 credit of each ancillary fund, for the Fiscal Year 2017-2018.  All funds appropriated herein
16 shall be expended in compliance with the public bid laws of the state.
17 Section 2.A.  Except as otherwise provided by law or as herein otherwise provided,
18 any fund equity resulting from prior year operations shall be included as a resource of the
19 fund from which the ancillary fund is directly or indirectly derived.
20 B.  Funds on deposit with the state treasury at the close of the fiscal year are
21 authorized to be transferred to each fund respectively, as equity for Fiscal Year 2018-2019. 
22 All unexpended cash balances as of June 30, 2018, shall be remitted to the state
23 treasurer on or before August 14, 2018.  If not reestablished in the subsequent year's Act, the
24 agency must liquidate all assets and return all advances no later than August 14, 2018.
25 C.  The program descriptions contained in this Act are not part of the law and are not
26 enacted into law by virtue of their inclusion into this Act.
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1 Section 3.  All money from federal, interagency transfers, statutory dedications, or
2 fees and self-generated revenues shall be available for expenditure in the amounts herein
3 appropriated.
4 Any increase in such revenues shall be available for allotment and expenditure by
5 an agency on approval of an increase in the appropriation by the commissioner of
6 administration and the Joint Legislative Committee on the Budget.  Any increase in such
7 revenues for an agency without an appropriation from the respective revenue source shall
8 be incorporated into the agency's appropriation on approval of the commissioner of
9 administration and the Joint Legislative Committee on the Budget.
10 Section 4.A. The figures in parentheses following the designation of a budget entity
11 are the total authorized positions and authorized other charges positions for that entity. The
12 number approved for each agency, as a result of the passage of this Act, may be increased
13 by the commissioner of administration when sufficient documentation is presented and the
14 request is deemed valid. Any request which exceeds five (5) positions, however, shall be
15 approved by the commissioner of administration and the Joint Legislative Committee on the
16 Budget.
17 B.  The budget request of any agency with an appropriation level of thirty million
18 dollars or more shall include within its existing table of organization positions which
19 perform the function of internal auditing, including the position of a chief audit executive. 
20 The chief audit executive shall be responsible for ensuring that the internal audit function
21 adheres to the Institute of Internal Auditors, International Standards for the Professional
22 Practice of Internal Auditing.  The chief audit executive shall maintain organizational
23 independence in accordance with these standards and shall have direct and unrestricted
24 access to the commission, board, secretary, or equivalent head of the agency.  The chief
25 audit executive shall certify to the commission, board, secretary, or equivalent head of the
26 agency that the internal audit function conforms to the Institute of Internal Auditors,
27 International Standards for the Professional Practice of Internal Auditing.
28 Section 5.  All key and supporting performance objectives and indicators for the
29 departments, agencies, programs, and budget units contained in the Governor’s Executive
30 Budget Supporting Document shall be adjusted by the commissioner of administration to
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are additions. HB NO. 64	ENROLLED
1 reflect the funds appropriated therein.  The commissioner of administration shall report on
2 these adjustments to the Joint Legislative Committee on the Budget by August 15, 2017.
3 Section 6.  The following definition is provided for the terms of this Act:  "Working
4 Capital" shall be considered the excess of current assets over current liabilities on an accrual
5 basis.
6 Section 7.  Should any section, subsection, clause, sentence, phrase, or part of the Act
7 for any reason be held, deemed, or construed to be unconstitutional or invalid, such decisions
8 shall not affect the remaining provisions of the Act, and the legislature hereby declares that
9 it would have passed the Act, and each section, subsection, clause, sentence, phrase, or part
10 thereof, irrespective of the fact that one or more of the sections, subsections, clauses,
11 sentences, phrases, or parts thereof, is declared unconstitutional or invalid.  To this end, the
12 provisions of this Act are hereby declared severable.
13 Section 8.  Internal Service Funds.  These funds account for the financing of goods
14 or services provided by one department or agency to other departments or agencies of the
15 governmental unit, or to other governmental units, on a cost-reimbursement basis.  Excess
16 cash funds, excluding cash funds arising from working capital advances, shall be invested
17 by the state treasurer with the interest proceeds there from credited to each account and shall
18 not be transferred to the state general fund.
19 Section 9.  In conjunction with the continuing assessment of the existing staff, assets,
20 contracts, and facilities of each department, agency, program, or budget unit’s information
21 technology resources and procurement resources, upon completion of this assessment and
22 to the extent optimization of these resources will result in the projected cost savings through
23 staff reductions, realization of operational efficiencies, cost avoidance, and elimination of
24 asset duplication, the commissioner of administration is authorized to transfer the functions,
25 positions, assets, and funds from any other department, agency, program, or budget units
26 related to these optimizations to a different department.  The provisions of this Section shall
27 not apply to the Department of Culture, Recreation and Tourism, or any agency contained
28 in Schedule 04, Elected Officials, of the General Appropriation Act.
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are additions. HB NO. 64	ENROLLED
1	SCHEDULE 21
2	ANCILLARY APPROPRIATIONS
3 21-800  OFFICE OF GROUP BENEFITS
4 EXPENDITURES:
5 State Group Benefits - Authorized Positions (42)	$1,465,783,992
6 Program Description:  Provides for the administration of group health and
7 accidental insurance and group life insurance for current and former state
8 employees and other participating groups.
9	TOTAL EXPENDITURES$1,465,783,992
10 MEANS OF FINANCE:
11 State General Fund by:
12 Interagency Transfers	$ 198,733
13 Fees & Self-generated Revenues	$1,465,585,259
14	TOTAL MEANS OF FINANCING$1,465,783,992
15 21-804  OFFICE OF RISK MANAGEMENT
16 EXPENDITURES:
17 Risk Management - Authorized Positions (38)	$202,798,117
18 Program Description:  Provides for the overall executive leadership and
19 management of the office, support services, policy analysis, management direction
20 of the state's self-insurance program; provides funding for the payment of losses on
21 medical, malpractice, property, comprehensive general liability, personal injury,
22 automobile liability, automobile physical damage, bonds, crime, aviation, wet
23 marine boiler and machinery and miscellaneous tort claims; provides funding for
24 the payment of contracts issued for professional legal defense of claims made
25 against the state; provides funding for the reimbursement of the Division of Risk
26 Litigation in the Office of the Attorney General for costs incurred for professional
27 legal defense of claims made against the state.
28	TOTAL EXPENDITURES $202,798,117
29 MEANS OF FINANCE:
30 State General Fund by:
31 Interagency Transfers	$182,953,805
32 Fees & Self-generated Revenues	$17,844,312
33 Statutory Dedications:
34 Future Medical Care Fund	$2,000,000
35	TOTAL MEANS OF FINANCING$202,798,117
36 Payable out of the State General Fund by
37 Fees and Self-generated Revenues to the Risk
38 Management Program for claims payments, in the
39 event that House Bill No. 403 of the 2017 Regular
40 Session of the Legislature is enacted into law 	$7,582,927
41 21-806  LOUISIANA PROPERTY ASSISTANCE
42 EXPENDITURES:
43 Louisiana Property Assistance - Authorized Positions (39) $6,269,590
44 Program Description:  Provides for the accountability of the state's moveable
45 property through the development and implementation of sound management
46 practices.
47	TOTAL EXPENDITURES $6,269,590
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are additions. HB NO. 64	ENROLLED
1 MEANS OF FINANCE:
2 State General Fund by:
3 Interagency Transfers	$1,115,846
4 Fees & Self-generated Revenues	$5,153,744
5	TOTAL MEANS OF FINANCING$6,269,590
6 Payable out of the State General Fund by 
7 Interagency Transfers from various state agencies
8 for GPS payments to the Louisiana Property
9 Assistance Program 	$ 800,000
10 21-807  LOUISIANA FEDERAL PROPERTY ASSISTANCE AG ENCY
11 EXPENDITURES:
12 Federal Property Assistance - Authorized Positions (9) $3,257,151
13 Program Description:  Seeks to assure the fair and equitable distribution of
14 federal property allocated to Louisiana by the General Services Administration to
15 eligible Louisiana donees.
16	TOTAL EXPENDITURES $3,257,151
17 MEANS OF FINANCE:
18 State General Fund by:
19 Interagency Transfers	$ 234,342
20 Fees & Self-generated Revenues	$3,022,809
21	TOTAL MEANS OF FINANCING$3,257,151
22 21-811  PRISON ENTERPRISES
23 EXPENDITURES:
24 Prison Enterprises - Authorized Positions (72)	$35,485,443
25 Program Description:  Utilizes the resources of the Department of Public Safety
26 and Corrections in the production of food, fiber, and other necessary items used by
27 offenders in order to lower the cost of incarceration; provides products and
28 services to state agencies and agencies of parishes, municipalities, and other
29 political subdivisions; and provides work opportunities for offenders.  Prison
30 Enterprises conducts both industry operations and agriculture operations.
31	TOTAL EXPENDITURES $35,485,443
32 MEANS OF FINANCE:
33 State General Fund by:
34 Interagency Transfers	$24,540,368
35 Fees & Self-generated Revenues	$10,945,075
36	TOTAL MEANS OF FINANCING$35,485,443
37 21-815  OFFICE OF TECHNOLOGY SERVICES
38 EXPENDITURES:
39 Technology Services - Authorized Positions (802)	$418,968,469
40 Authorized Other Charges Positions (9)
41	TOTAL EXPENDITURES $418,968,469
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are additions. HB NO. 64	ENROLLED
1 MEANS OF FINANCE:
2 State General Fund by:
3 Interagency Transfers	$417,449,996
4 Fees and Self-generated Revenues	$1,518,473
5	TOTAL MEANS OF FINANCING$418,968,469
6 21-816  DIVISION OF ADMINISTRATIVE LAW
7 EXPENDITURES:
8 Administration - Authorized Positions (58)	$7,733,993
9 Program Description:  Provides a neutral forum for handling administrative
10 hearings for certain state agencies, with respect for the dignity of individuals and
11 their due process rights.
12	TOTAL EXPENDITURES $7,733,993
13 MEANS OF FINANCE:
14 State General Fund by:
15 Interagency Transfers	$7,705,096
16 Fees & Self-generated Revenues	$ 28,897
17	TOTAL MEANS OF FINANCING$7,733,993
18 21-820  OFFICE OF STATE PROCUREMENT
19 EXPENDITURES:
20 State Procurement - Authorized Positions (92)	$10,503,142
21 Program Description:  The mission of the Office of State Procurement is to
22 provide cost-effective services that satisfy the needs of approved governmental units
23 of the State of Louisiana through the management of products and services.
24	TOTAL EXPENDITURES $10,503,142
25 MEANS OF FINANCE:
26 State General Fund by:
27 Interagency Transfers	$8,496,667
28 Fees & Self-generated Revenues	$2,006,475
29	TOTAL MEANS OF FINANCING$10,503,142
30 21-829  OFFICE OF AIRCRAFT SERVICES
31 EXPENDITURES:
32 Flight Maintenance - Authorized Positions (3)	$2,248,695
33 Program Description:  The mission of the Office of Aircraft Services is to manage
34 the overall maintenance and provide all needed and required support for safe,
35 proper, and economic operation of the State’s various aircraft.  Flight Maintenance
36 Operations ensures flight safety, maintains high safety standards while minimizing
37 aircraft downtime for repairs, and provides high quality, efficient, and economical
38 repair and fueling services for state-operated aircraft.
39	TOTAL EXPENDITURES $2,248,695
40 MEANS OF FINANCE:
41 State General Fund by:
42 Interagency Transfers	$1,819,480
43 Fees & Self-generated Revenues	$ 429,215
44	TOTAL MEANS OF FINANCING$2,248,695
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are additions. HB NO. 64	ENROLLED
1 21-860  CLEAN WATER STATE REVOLVING FUND
2 EXPENDITURES:
3 Clean Water State Revolving Fund 	$85,000,000
4 Program Description:  Helps individual citizens and local governments participate
5 in environmental programs by assisting municipalities to finance and construct
6 wastewater treatment works.  The Clean Water State Revolving Fund is used by the
7 Department of Environmental Quality to assist recipients of Environmental
8 Protection Agency and construction grants in providing project inspection,
9 construction management, and overall program management services, required for
10 the completion of the Environmental Protection Agency program, as outlined in the
11 management grant.  Regional meetings are held in the state’s eight planning
12 districts with one-on-one follow-up meetings to make municipalities more aware
13 of the program’s benefits and requirements.
14	TOTAL EXPENDITURES $85,000,000
15 MEANS OF FINANCE:
16 State General Fund by:
17 Statutory Dedications:
18 Clean Water State Revolving Fund	$85,000,000
19	TOTAL MEANS OF FINANCING$85,000,000
20 Payable out of the State General Fund by
21 Statutory Dedications out of the Clean Water
22 State Revolving Fund due to a projected increase
23 in the loan amount disbursements 	$30,000,000
24 21-861  SAFE DRINKING WATER REVOLVING LOAN FUND
25 EXPENDITURES:
26 Safe Drinking Water Revolving Loan Fund	$34,000,000
27 Program Description:  Assist public water systems in financing needed drinking
28 water infrastructure improvements (e.g. treatment plant, distribution main
29 replacement, storage facilities, new wells).  The Safe Drinking Water Revolving
30 Loan Fund provides assistance in the form of low-interest loans and technical
31 assistance to public water systems in Louisiana to assist them with complying with
32 state and federal drinking water regulations, ensuring that their customers are
33 provided with safe drinking water thereby protecting the public health.
34	TOTAL EXPENDITURES $34,000,000
35 MEANS OF FINANCE:
36 State General Fund by:
37 Statutory Dedication:
38 Safe Drinking Water Revolving Loan Fund	$34,000,000
39	TOTAL MEANS OF FINANCING$34,000,000
40 Section 10.  This Act shall become effective on July 1, 2017.
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are additions. HB NO. 64	ENROLLED
1	COMPARATIVE STATEMENT
2 In accordance with R.S. 39:51(B), the following represents a comparative statement for each
3 program, department and budget unit.  The authorized positions and operating budget for FY
4 2016-2017 as of December 1, 2016, are compared to the appropriations for FY 2017-2018
5 as contained in the original bill.  The commissioner of administration shall adjust the
6 amounts shown to reflect final appropriations after enactment of this bill.
EOB AS OF
12/01/2016
ORIGINAL
APPROPRIATION
21A-ANCIL
  
21-800   Office of Group Benefits    
State Group
Benefits Interagency Transfers 	$198,733	$198,733
State Group
Benefits                 Fees & Self-generated Revenues     $1,445,078,063 $1,465,585,259
Program Total:$1,445,276,796 $1,465,783,992
Authorized Positions: 42	42
Authorized Other Charges
Positions:
0	0
Agency Total:$1,445,276,796 $1,465,783,992
Authorized Positions: 42	42
Authorized Other Charges
Positions:	0	0
21-804   Office of Risk Management   
Risk ManagementInteragency Transfers 	$183,203,347 $183,353,805
Risk ManagementFees & Self-generated Revenues     $17,844,312 $17,844,312
Risk Management Statutory Dedications	$2,000,000 $2,000,000
Program Total: $203,047,659 $203,198,117
Authorized Positions: 37	40
Authorized Other Charges
Positions:
0	0
Agency Total: $203,047,659 $203,198,117
Authorized Positions: 37	40
Authorized Other Charges
Positions:	0	0
21-806 Louisiana Property Assistance
Agency 
Louisiana
Property
Assistance Interagency Transfers 	$1,078,852 $1,115,846
Louisiana
Property
Assistance Fees & Self-generated Revenues     $5,056,462 $5,153,744
Program Total: $6,135,314 $6,269,590
Authorized Positions: 39	39
 
Authorized Other Charges
Positions:
0	0
Agency Total: $6,135,314 $6,269,590
Authorized Positions: 39	39
Authorized Other Charges
Positions:	0	0
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are additions. HB NO. 64	ENROLLED
21-807 Federal Property Assistance
Agency                    
Federal Property
Assistance Interagency Transfers 	$234,342	$234,342
Federal Property
Assistance Fees & Self-generated Revenues     $3,020,977 $3,022,809
Program Total: $3,255,319 $3,257,151
 	Authorized Positions:	9	9
Authorized Other Charges
Positions:
0	0
 	Agency Total: $3,255,319 $3,257,151
 	Authorized Positions:	9	9
 
Authorized Other Charges
Positions:	0	0
21-811   Prison Enterprises
Prison Enterprises Interagency Transfers 	$23,674,511 $24,540,368
Prison Enterprises Fees & Self-generated Revenues     $10,654,003 $10,945,075
Program Total: $34,328,514 $35,485,443
Authorized Positions: 72	72
 
Authorized Other Charges
Positions:
0	0
 	Agency Total: $34,328,514 $35,485,443
 	Authorized Positions: 72	72
 
Authorized Other Charges
Positions:	0	0
    
21-815   Office of Technology Services
Office of
Production
Support ServicesInteragency Transfers 	$19,833,812	$0
Office of
Production
Support ServicesFees & Self-generated Revenues     $150,000	$0
Program Total: $19,983,812	$0
 	Authorized Positions: 65	0
 
Authorized Other Charges
Positions:
0	0
Office of
Technology
Services Interagency Transfers 	$228,545,416 $417,949,996
Office of
Technology
Services Fees & Self-generated Revenues     $25,000 $1,018,473
Program Total: $228,570,416 $418,968,469
Authorized Positions: 656	802
 
Authorized Other Charges
Positions:
9	9
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are additions. HB NO. 64	ENROLLED
Office of
Telecommunica-
tion ManagementInteragency Transfers 	$47,870,394	$0
Office of
Telecommunica-
tion ManagementFees & Self-generated Revenues     $843,473	$0
Program Total: $48,713,867	$0
 	Authorized Positions: 81	0
 
Authorized Other Charges
Positions:
0	0
 	Agency Total: $297,268,095 $418,968,469
 	Authorized Positions: 802	802
 
Authorized Other Charges
Positions:	9	9
    
21-816   Division of Administrative Law  
    
Administration Interagency Transfers 	$7,910,203 $7,705,096
Administration Fees & Self-generated Revenues     $28,897	$28,897
Program Total: $7,939,100 $7,733,993
 	Authorized Positions: 58	58
 
Authorized Other Charges
Positions:
0	0
 	Agency Total: $7,939,100 $7,733,993
 	Authorized Positions: 58	58
 
Authorized Other Charges
Positions:	0	0
    
21-820   Office of State Procurement  
    
Office of State
Procurement Interagency Transfers 	$9,496,667 $8,496,667
Office of State
Procurement Fees & Self-generated Revenues     $977,622 $2,006,475
Program Total: $10,474,289 $10,503,142
Authorized Positions: 92	92
Authorized Other Charges
Positions:
0	0
Agency Total: $10,474,289 $10,503,142
 	Authorized Positions: 92	92
 
Authorized Other Charges
Positions:	0	0
21-821 Office of State Human Capital
Management
Office of State
Human Capital
Management       Interagency Transfers 	$4,778,698	$0
Program Total: $4,778,698	$0
Authorized Positions: 318	0
Authorized Other Charges
Positions:
1	0
Agency Total: $4,778,698	$0
Authorized Positions:
318	0
Authorized Other Charges
Positions:	1	0
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are additions. HB NO. 64	ENROLLED
21-829   Office of Aircraft Services 
Flight
Maintenance Interagency Transfers	$1,877,953 $1,819,480
Flight
Maintenance Fees & Self-generated Revenues     $429,215	$429,215
Program Total: $2,307,168 $2,248,695
Authorized Positions:	3	3
 
Authorized Other Charges
Positions:
0	0
 	Authorized Positions:	3	3
 
Authorized Other Charges
Positions:	0	0
21-860 Clean Water
Clean Water State
Revolving Fund Statutory Dedications 	$85,000,000 $85,000,000
Program Total: $85,000,000 $85,000,000
 	Authorized Positions:	0	0
 
Authorized Other Charges
Positions:
0	0
 	Agency Total: $85,000,000 $85,000,000
 	Authorized Positions:	0	0
 
Authorized Other Charges
Positions:	0	0
21-861 Safe Drinking Water Revolving
Loan Fund
Safe Drinking
Water Revolving
Loan Fund         Statutory Dedications 	$34,000,000 $34,000,000
Program Total: $34,000,000 $34,000,000
Authorized Positions:	0	0
Authorized Other Charges
Positions:
0	0
Agency Total: $34,000,000 $34,000,000
Authorized Positions:	0	0
Authorized Other Charges
Positions:	0	0
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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are additions.