ENROLLED ACT No. 49 2018 Regular Session HOUSE BILL NO. 694 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 2018-2019. 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. Page 1 of 9 HB NO. 694 ENROLLED 1 B. Funds on deposit with the state treasury at the close of the fiscal year are 2 authorized to be transferred to each fund respectively, as equity for Fiscal Year 2019-2020. 3 All unexpended cash balances as of June 30, 2019, shall be remitted to the state 4 treasurer on or before August 14, 2019. If not reestablished in the subsequent year's Act, the 5 agency must liquidate all assets and return all advances no later than August 14, 2019. 6 C. The program descriptions contained in this Act are not part of the law and are not 7 enacted into law by virtue of their inclusion into this Act. 8 Section 3. All money from federal, interagency transfers, statutory dedications, or 9 fees and self generated revenues shall be available for expenditure in the amounts herein 10 appropriated. 11 Any increase in such revenues shall be available for allotment and expenditure by 12 an agency on approval of an increase in the appropriation by the commissioner of 13 administration and the Joint Legislative Committee on the Budget. Any increase in such 14 revenues for an agency without an appropriation from the respective revenue source shall 15 be incorporated into the agency's appropriation on approval of the commissioner of 16 administration and the Joint Legislative Committee on the Budget. 17 Section 4.A. The figures in parentheses following the designation of a budget entity 18 are the total authorized positions and authorized other charges positions for that entity, 19 number of employees approved for each agency, as a result of the passage of this Act, may 20 be increased by the commissioner of administration when sufficient documentation is 21 presented and the request is deemed valid. However, any request which exceeds five 22 positions shall be approved by the commissioner of administration and the Joint Legislative 23 Committee on the Budget. 24 B. The budget request of any agency with an appropriation level of thirty million 25 dollars or more shall include within its existing table of organization positions which 26 perform the function of internal auditing, including the position of a chief audit executive. 27 The chief audit executive shall be responsible for ensuring that the internal audit function 28 adheres to the Institute of Internal Auditors, International Standards for the Professional 29 Practice of Internal Auditing. The chief audit executive shall maintain organizational 30 independence in accordance with these standards and shall have direct and unrestricted 31 access to the commission, board, secretary, or equivalent head of the agency. The chief Page 2 of 9 HB NO. 694 ENROLLED 1 audit executive shall certify to the commission, board, secretary, or equivalent head of the 2 agency that the internal audit function conforms to the Institute of Internal Auditors, 3 International Standards for the Professional Practice of Internal Auditing. 4 Section 5. All key and supporting performance objectives and indicators for the 5 departments, agencies, programs, and budget units contained in the Governor’s Executive 6 Budget Supporting Document shall be adjusted by the commissioner of administration to 7 reflect the funds appropriated therein. The commissioner of administration shall report on 8 these adjustments to the Joint Legislative Committee on the Budget by August 15, 2018. 9 Section 6. The following definition is provided for the terms of this Act: "Working 10 Capital" shall be considered the excess of current assets over current liabilities on an accrual 11 basis. 12 Section 7. Should any section, subsection, clause, sentence, phrase, or part of the Act 13 for any reason be held, deemed, or construed to be unconstitutional or invalid, such decisions 14 shall not affect the remaining provisions of the Act, and the legislature hereby declares that 15 it would have passed the Act, and each section, subsection, clause, sentence, phrase, or part 16 thereof, irrespective of the fact that one or more of the sections, subsections, clauses, 17 sentences, phrases, or parts thereof, is declared unconstitutional or invalid. To this end, the 18 provisions of this Act are hereby declared severable. 19 Section 8. Internal Service Funds. These funds account for the financing of goods 20 or services provided by one department or agency to other departments or agencies of the 21 governmental unit, or to other governmental units, on a cost-reimbursement basis. Excess 22 cash funds, excluding cash funds arising from working capital advances, shall be invested 23 by the state treasurer with the interest proceeds there from credited to each account and shall 24 not be transferred to the state general fund. 25 Section 9. In conjunction with the continuing assessment of the existing staff, assets, 26 contracts, and facilities of each department, agency, program or budget unit’s information 27 technology resources and procurement resources, upon completion of this assessment and 28 to the extent optimization of these resources will result in the projected cost savings through 29 staff reductions, realization of operational efficiencies, cost avoidance, and elimination of 30 asset duplication, the commissioner of administration is authorized to transfer the functions, 31 positions, assets, and funds from any other department, agency, program, or budget units Page 3 of 9 HB NO. 694 ENROLLED 1 related to these optimizations to a different department. The provisions of this Section shall 2 not apply to the Department of Culture, Recreation and Tourism, or any agency contained 3 in Schedule 04, Elected Officials, of the General Appropriation Act. 4 SCHEDULE 21 5 ANCILLARY APPROPRIATIONS 6 21-800 OFFICE OF GROUP BENEFITS 7 EXPENDITURES: FY 18 EOB FY 19 REC 8 State Group Benefits - 9 Authorized Positions (42) (42) 10 $1,465,813,802$1,530,714,127 11 Program Description: Provides for the administration of group health and accidental 12 insurance and group life insurance for current and former state employees and other 13 participating groups. 14 TOTAL EXPENDITURES $1,465,813,802$1,530,714,127 15 MEANS OF FINANCE: 16 State General Fund by: 17 Interagency Transfers $ 198,733$ 198,733 18 Fees & Self-generated Revenues $1,465,615,069$1,530,515,394 19 TOTAL MEANS OF FINANCING $1,465,813,802$1,530,714,127 20 21-804 OFFICE OF RISK MANAGEMENT 21 EXPENDITURES: FY 18 EOB FY 19 REC 22 Risk Management - 23 Authorized Positions (38) (38) 24 $202,831,399$202,548,049 25 Program Description: Provides for the overall executive leadership and management of 26 the office, support services, policy analysis, management direction of the state's self- 27 insurance program; provides funding for the payment of losses on medical, malpractice, 28 property, comprehensive general liability, personal injury, automobile liability, automobile 29 physical damage, bonds, crime, aviation, wet marine boiler and machinery and 30 miscellaneous tort claims; provides funding for the payment of contracts issued for 31 professional legal defense of claims made against the state; provides funding for the 32 reimbursement of the Division of Risk Litigation in the Office of the Attorney General for 33 costs incurred for professional legal defense of claims made against the state. 34 TOTAL EXPENDITURES $202,831,399$202,548,049 35 MEANS OF FINANCE: 36 State General Fund by: 37 Interagency Transfers $182,987,087$182,995,632 38 Fees & Self-generated Revenues $17,844,312$17,552,417 39 Statutory Dedications: 40 Future Medical Care Fund $ 2,000,000$ 2,000,000 41 TOTAL MEANS OF FINANCING $202,831,399$202,548,049 Page 4 of 9 HB NO. 694 ENROLLED 1 21-806 LOUISIANA PROPERTY ASSISTANCE 2 EXPENDITURES: FY 18 EOB FY 19 REC 3 Louisiana Property Assistance - 4 Authorized Positions (39) (39) 5 $ 7,099,546$ 7,294,063 6 Program Description: Provides for the accountability of the state's movable property 7 through the development and implementation of sound management practices. 8 TOTAL EXPENDITURES $ 7,099,546$ 7,294,063 9 MEANS OF FINANCE: 10 State General Fund by: 11 Interagency Transfers $ 1,915,846$ 1,915,846 12 Fees & Self-generated Revenues $ 5,183,700$ 5,378,217 13 TOTAL MEANS OF FINANCING $ 7,099,546$ 7,294,063 14 21-807 LOUISIANA FEDERAL PROPERTY ASSISTANCE AG ENCY 15 EXPENDITURES: FY 18 EOB FY 19 REC 16 Federal Property Assistance - 17 Authorized Positions (9) (9) 18 $ 3,267,837$ 3,321,656 19 Program Description: Seeks to assure the fair and equitable distribution of federal 20 property allocated to Louisiana by the General Services Administration to eligible Louisiana 21 donees. 22 TOTAL EXPENDITURES $ 3,267,837$ 3,321,656 23 MEANS OF FINANCE: 24 State General Fund by: 25 Interagency Transfers $ 234,342$ 234,342 26 Fees & Self-generated Revenues $ 3,033,495$ 3,087,314 27 TOTAL MEANS OF FINANCING $ 3,267,837$ 3,321,656 28 21-811 PRISON ENTERPRISES 29 EXPENDITURES: FY 18 EOB FY 19 REC 30 Prison Enterprises - 31 Authorized Positions (72) (72) 32 $35,547,459$35,556,479 33 Program Description: Utilizes the resources of the Department of Public Safety and 34 Corrections in the production of food, fiber, and other necessary items used by offenders in 35 order to lower the cost of incarceration; provides products and services to state agencies 36 and agencies of parishes, municipalities, and other political subdivisions; and provides work 37 opportunities for offenders. Prison Enterprises conducts both industry operations and 38 agriculture operations. 39 TOTAL EXPENDITURES $35,547,459$35,556,479 Page 5 of 9 HB NO. 694 ENROLLED 1 MEANS OF FINANCE: 2 State General Fund by: 3 Interagency Transfers $24,602,384$24,611,404 4 Fees & Self-generated Revenues $10,945,075$10,945,075 5 TOTAL MEANS OF FINANCING $35,547,459$35,556,479 6 21-815 OFFICE OF TECHNOLOGY SERVICES 7 EXPENDITURES: FY 18 EOB FY 19 REC 8 Technology Services - 9 Authorized Positions (803) (835) 10 Authorized Other Charges Positions (9) (9) 11 $419,798,276$394,008,665 12 Program Description: The mission of the Office of Technology Services (OTS) is to 13 establish competitive, cost-effective technology systems and services while acting as the sole 14 centralized customer for the acquisition, billing and record keeping of those technology 15 services. OTS shall charge respective user agencies for the cost of the technology and 16 services provided including the cost of the operation of the office in a fair, equitable, and 17 consistent manner, in full compliance with State of Louisiana statutes. 18 TOTAL EXPENDITURES $419,798,276$394,008,665 19 MEANS OF FINANCE: 20 State General Fund by: 21 Interagency Transfers $418,279,803$392,490,192 22 Fees and Self-generated Revenues $ 1,518,473$ 1,518,473 23 TOTAL MEANS OF FINANCING $419,798,276$394,008,665 24 21-816 DIVISION OF ADMINISTRATIVE LAW 25 EXPENDITURES: FY 18 EOB FY 19 REC 26 Administration - 27 Authorized Positions (58) (58) 28 $ 7,776,263$ 8,157,222 29 Program Description: Provides a neutral forum for handling administrative hearings for 30 certain state agencies, with respect for the dignity of individuals and their due process 31 rights. 32 TOTAL EXPENDITURES $ 7,776,263$ 8,157,222 33 MEANS OF FINANCE: 34 State General Fund by: 35 Interagency Transfers $ 7,747,366$ 8,128,325 36 Fees & Self-generated Revenues $ 28,897$ 28,897 37 TOTAL MEANS OF FINANCING $ 7,776,263$ 8,157,222 Page 6 of 9 HB NO. 694 ENROLLED 1 21-820 OFFICE OF STATE PROCUREMENT 2 EXPENDITURES: FY 18 EOB FY 19 REC 3 State Procurement - 4 Authorized Positions (92) (92) 5 $10,562,653$10,726,861 6 Program Description: The mission of the Office of State Procurement is to provide cost- 7 effective services that satisfy the needs of approved governmental units of the State of 8 Louisiana through the management of products and services. 9 TOTAL EXPENDITURES $10,562,653$10,726,861 10 MEANS OF FINANCE: 11 State General Fund by: 12 Interagency Transfers $ 8,496,667$ 7,777,765 13 Fees & Self-generated Revenues $ 2,065,986$ 2,949,096 14 TOTAL MEANS OF FINANCING $10,562,653$10,726,861 15 21-829 OFFICE OF AIRCRAFT SERVICES 16 EXPENDITURES: FY 18 EOB FY 19 REC 17 Flight Maintenance - 18 Authorized Positions (3) (3) 19 $ 2,252,082$ 2,255,496 20 Program Description: The mission of the Office of Aircraft Services is to manage the 21 overall maintenance and provide all needed and required support for safe, proper, and 22 economic operation of the State’s various aircraft. Flight Maintenance Operations ensures 23 flight safety, maintains high safety standards while minimizing aircraft downtime for repairs, 24 and provides high quality, efficient, and economical repair and fueling services for state- 25 operated aircraft. 26 TOTAL EXPENDITURES $ 2,252,082$ 2,255,496 27 MEANS OF FINANCE: 28 State General Fund by: 29 Interagency Transfers $ 1,822,867$ 1,826,281 30 Fees & Self-generated Revenues $ 429,215$ 429,215 31 TOTAL MEANS OF FINANCING $ 2,252,082$ 2,255,496 Page 7 of 9 HB NO. 694 ENROLLED 1 21-860 CLEAN WATER STATE REVOLVING FUND 2 EXPENDITURES: FY 18 EOB FY 19 REC 3 Clean Water State Revolving Fund $115,000,000$115,000,000 4 Program Description: Helps individual citizens and local governments participate in 5 environmental programs by assisting municipalities to finance and construct wastewater 6 treatment works. The Clean Water State Revolving Fund is used by the Department of 7 Environmental Quality to assist recipients of Environmental Protection Agency and 8 construction grants in providing project inspection, construction management, and overall 9 program management services, required for the completion of the Environmental Protection 10 Agency program, as outlined in the management grant. Regional meetings are held in the 11 state’s eight planning districts with one-on-one follow-up meetings to make municipalities 12 more aware of the program’s benefits and requirements. 13 TOTAL EXPENDITURES $115,000,000$115,000,000 14 MEANS OF FINANCE: 15 State General Fund by: 16 Statutory Dedications: 17 Clean Water State Revolving Fund $115,000,000$115,000,000 18 TOTAL MEANS OF FINANCING $115,000,000$115,000,000 19 21-861 DRINKING WATER REVOLVING LOAN FUND 20 EXPENDITURES: FY 18 EOB FY 19 REC 21 Drinking Water Revolving Loan Fund $34,000,000$34,000,000 22 Program Description: Assist public water systems in financing needed drinking water 23 infrastructure improvements (e.g. treatment plant, distribution main replacement, storage 24 facilities, new wells). The Safe Drinking Water Revolving Loan Fund provides assistance 25 in the form of low-interest loans and technical assistance to public water systems in 26 Louisiana to assist them with complying with state and federal drinking water regulations, 27 ensuring that their customers are provided with safe drinking water thereby protecting the 28 public health. 29 TOTAL EXPENDITURES $34,000,000$34,000,000 30 MEANS OF FINANCE: 31 State General Fund by: 32 Statutory Dedication: 33 Drinking Water Revolving Loan Fund $34,000,000$34,000,000 34 TOTAL MEANS OF FINANCING $34,000,000$34,000,000 Page 8 of 9 HB NO. 694 ENROLLED 1 Section 10. This Act shall become effective on July 1, 2018. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 9 of 9