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. Page 1 of 11 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 64 ENROLLED 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 Page 2 of 11 CODING: Words in struck through type are deletions from existing law; words underscored 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. Page 3 of 11 CODING: Words in struck through type are deletions from existing law; words underscored 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 Page 4 of 11 CODING: Words in struck through type are deletions from existing law; words underscored 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 Page 5 of 11 CODING: Words in struck through type are deletions from existing law; words underscored 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 Page 6 of 11 CODING: Words in struck through type are deletions from existing law; words underscored 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. Page 7 of 11 CODING: Words in struck through type are deletions from existing law; words underscored 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 Page 8 of 11 CODING: Words in struck through type are deletions from existing law; words underscored 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 Page 9 of 11 CODING: Words in struck through type are deletions from existing law; words underscored 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 Page 10 of 11 CODING: Words in struck through type are deletions from existing law; words underscored 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: Page 11 of 11 CODING: Words in struck through type are deletions from existing law; words underscored are additions.