HLS 20RS-671 ORIGINAL 2020 Regular Session HOUSE BILL NO. 306 BY REPRESENTATIVE ZERINGUE APPROPRIATIONS/ANCILLARY: Provides for the ancillary expenses of state government 1 AN ACT 2To 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 for Fiscal Year 2020-2021; and to regulate the administration of said funds. 6Be it enacted by the Legislature of Louisiana: 7 Section 1. There are hereby appropriated the amounts shown below, which shall be 8payable out of the state general fund, to the extent of funds deposited, unless otherwise 9specified, for the establishment and reestablishment of agency ancillary funds which shall 10be specifically known as internal service funds, auxiliary accounts, or enterprise funds. The 11monies in each fund shall be used for working capital in the conduct of business enterprises 12rendering public service, auxiliary service, and interagency service. 13 In the conduct of each such business, receipts shall be deposited in the state treasury 14and disbursements made by the state treasurer to the extent of the amount deposited to the 15credit of each ancillary fund, for the current fiscal year. All funds appropriated herein shall 16be 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, 18any fund equity resulting from prior year operations shall be included as a resource of the 19fund 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 21authorized to be transferred to each fund respectively, as equity for the next fiscal year. Page 1 of 9 HLS 20RS-671 ORIGINAL HB NO. 306 1 All unexpended cash balances as of June 30, 2021, shall be remitted to the state 2treasurer on or before August 14, 2021. If not reestablished in the subsequent year's Act, the 3agency must liquidate all assets and return all advances no later than August 14, 2021. 4 C. The program descriptions contained in this Act are not part of the law and are not 5enacted into law by virtue of their inclusion into this Act. 6 Section 3. All money from federal, interagency transfers, statutory dedications, or 7fees and self generated revenues shall be available for expenditure in the amounts herein 8appropriated. 9 Any increase in such revenues shall be available for allotment and expenditure by 10an agency on approval of an increase in the appropriation by the commissioner of 11administration and the Joint Legislative Committee on the Budget. Any increase in such 12revenues for an agency without an appropriation from the respective revenue source shall 13be incorporated into the agency's appropriation on approval of the commissioner of 14administration and the Joint Legislative Committee on the Budget. 15 Section 4.A. The figures in parentheses following the designation of a budget entity 16are the total authorized positions and authorized other charges positions for that entity. The 17number of employees approved for each agency, as a result of the passage of this Act, may 18be increased by the commissioner of administration when sufficient documentation is 19presented and the request is deemed valid. However, any request which exceeds five 20positions shall be approved by the commissioner of administration and the Joint Legislative 21Committee on the Budget. 22 B. The budget request of any agency with an appropriation level of thirty million 23dollars or more shall include within its existing table of organization positions which 24perform the function of internal auditing, including the position of a chief audit executive. 25The chief audit executive shall be responsible for ensuring that the internal audit function 26adheres to the Institute of Internal Auditors, International Standards for the Professional 27Practice of Internal Auditing. The chief audit executive shall maintain organizational 28independence in accordance with these standards and shall have direct and unrestricted 29access to the commission, board, secretary, or equivalent head of the agency. The chief 30audit executive shall certify to the commission, board, secretary, or equivalent head of the Page 2 of 9 HLS 20RS-671 ORIGINAL HB NO. 306 1agency that the internal audit function conforms to the Institute of Internal Auditors, 2International Standards for the Professional Practice of Internal Auditing. 3 Section 5. All key and supporting performance objectives and indicators for the 4departments, agencies, programs, and budget units contained in the Governor’s Proposed 5Budget Supporting Document shall be adjusted by the commissioner of administration to 6reflect the funds appropriated therein. The commissioner of administration shall report on 7these adjustments to the Joint Legislative Committee on the Budget each year by August 15. 8 Section 6. The following definition is provided for the terms of this Act: "Working 9Capital" shall be considered the excess of current assets over current liabilities on an accrual 10basis. 11 Section 7. Should any section, subsection, clause, sentence, phrase, or part of the Act 12for any reason be held, deemed, or construed to be unconstitutional or invalid, such decisions 13shall not affect the remaining provisions of the Act, and the legislature hereby declares that 14it would have passed the Act, and each section, subsection, clause, sentence, phrase, or part 15thereof, irrespective of the fact that one or more of the sections, subsections, clauses, 16sentences, phrases, or parts thereof, is declared unconstitutional or invalid. To this end, the 17provisions of this Act are hereby declared severable. 18 Section 8. Internal Service Funds. These funds account for the financing of goods 19or services provided by one department or agency to other departments or agencies of the 20governmental unit, or to other governmental units, on a cost-reimbursement basis. Excess 21cash funds, excluding cash funds arising from working capital advances, shall be invested 22by the state treasurer with the interest proceeds therefrom credited to each account and shall 23not be transferred to the state general fund. 24 Section 9. In conjunction with the continuing assessment of the existing staff, assets, 25contracts, and facilities of each department, agency, program or budget unit’s information 26technology resources and procurement resources, upon completion of this assessment and 27to the extent optimization of these resources will result in the projected cost savings through 28staff reductions, realization of operational efficiencies, cost avoidance, and elimination of 29asset duplication, the commissioner of administration is authorized to transfer the functions, 30positions, assets, and funds from any other department, agency, program, or budget units Page 3 of 9 HLS 20RS-671 ORIGINAL HB NO. 306 1related to these optimizations to a different department. The provisions of this Section shall 2not apply to the Department of Culture, Recreation and Tourism, or any agency contained 3in Schedule 04, Elected Officials, of the General Appropriation Act. 4 SCHEDULE 21 5 ANCILLARY APPROPRIATIONS 621-800 OFFICE OF GROUP BENEFITS 7EXPENDITURES: FY 20 EOB FY 21 REC 8State Group Benefits - 9Authorized Positions (42) (42) 10 $1,561,180,762$1,584,274,843 11Program Description: Provides for the administration of group health and accidental 12insurance and group life insurance for current and former state employees and other 13participating groups. 14 TOTAL EXPENDITURES $1,561,180,762$1,584,274,843 15MEANS OF FINANCE: 16State General Fund by: 17 Interagency Transfers $ 198,733$ 198,733 18 Fees & Self-generated Revenues $1,560,982,029$1,584,076,110 19 TOTAL MEANS OF FINANCING $1,561,180,762$1,584,274,843 2021-804 OFFICE OF RISK MANAGEMENT 21EXPENDITURES: FY 20 EOB FY 21 REC 22Risk Management - 23Authorized Positions (38) (41) 24 $204,364,446$217,558,737 25Program Description: Provides for the overall executive leadership and management of 26the office, support services, policy analysis, management direction of the state's self- 27insurance program; provides funding for the payment of losses on medical, malpractice, 28property, comprehensive general liability, personal injury, automobile liability, automobile 29physical damage, bonds, crime, aviation, wet marine boiler and machinery and 30miscellaneous tort claims; provides funding for the payment of contracts issued for 31professional legal defense of claims made against the state; provides funding for the 32reimbursement of the Division of Risk Litigation in the Office of the Attorney General for 33costs incurred for professional legal defense of claims made against the state. 34 TOTAL EXPENDITURES $204,364,446$217,558,737 35MEANS OF FINANCE: 36State General Fund by: 37 Interagency Transfers $184,534,813$197,418,676 38 Fees & Self-generated Revenues $17,829,633$18,140,061 39 Statutory Dedications: 40 Future Medical Care Fund $ 2,000,000$ 2,000,000 41 TOTAL MEANS OF FINANCING $204,364,446$217,558,737 Page 4 of 9 HLS 20RS-671 ORIGINAL HB NO. 306 121-806 LOUISIANA PROPERTY ASSISTANCE 2EXPENDITURES: FY 20 EOB FY 21 REC 3Louisiana Property Assistance - 4Authorized Positions (37) (37) 5 $ 7,609,762$ 7,451,981 6Program Description: Provides for the accountability of the state's movable property 7through the development and implementation of sound management practices. 8 TOTAL EXPENDITURES $ 7,609,762$ 7,451,981 9MEANS OF FINANCE: 10State General Fund by: 11 Interagency Transfers $ 1,915,846$ 1,915,846 12 Fees & Self-generated Revenues $ 5,693,916$ 5,536,135 13 TOTAL MEANS OF FINANCING $ 7,609,762$ 7,451,981 1421-807 LOUISIANA FEDERAL PROPERTY ASSISTANCE AG ENCY 15EXPENDITURES: FY 20 EOB FY 21 REC 16Federal Property Assistance - 17Authorized Positions (9) (9) 18 $ 3,331,315$ 3,566,313 19Program Description: Seeks to assure the fair and equitable distribution of federal 20property allocated to Louisiana by the General Services Administration to eligible Louisiana 21donees. 22 TOTAL EXPENDITURES $ 3,331,315$ 3,566,313 23MEANS OF FINANCE: 24State General Fund by: 25 Interagency Transfers $ 234,342$ 484,342 26 Fees & Self-generated Revenues $ 3,096,973$ 3,081,971 27 TOTAL MEANS OF FINANCING $ 3,331,315$ 3,566,313 2821-811 PRISON ENTERPRISES 29EXPENDITURES: FY 20 EOB FY 21 REC 30Prison Enterprises - 31Authorized Positions (72) (72) 32 $33,741,043$33,592,587 33Program Description: Utilizes the resources of the Department of Public Safety and 34Corrections in the production of food, fiber, and other necessary items used by offenders in 35order to lower the cost of incarceration; provides products and services to state agencies 36and agencies of parishes, municipalities, and other political subdivisions; and provides work 37opportunities for offenders. Prison Enterprises conducts both industry operations and 38agriculture operations. 39 TOTAL EXPENDITURES $33,741,043$33,592,587 Page 5 of 9 HLS 20RS-671 ORIGINAL HB NO. 306 1MEANS OF FINANCE: 2State General Fund by: 3 Interagency Transfers $24,837,346$24,860,496 4 Fees & Self-generated Revenues $ 8,903,697$ 8,732,091 5 TOTAL MEANS OF FINANCING $33,741,043$33,592,587 621-815 OFFICE OF TECHNOLOGY SERVICES 7EXPENDITURES: FY 20 EOB FY 1 REC 8Technology Services - 9Authorized Positions (835) (828) 10Authorized Other Charges Positions (9) (9) 11 $395,384,626$398,758,450 12Program Description: The mission of the Office of Technology Services (OTS) is to 13establish competitive, cost-effective technology systems and services while acting as the sole 14centralized customer for the acquisition, billing and record keeping of those technology 15services. OTS shall charge respective user agencies for the cost of the technology and 16services provided including the cost of the operation of the office in a fair, equitable, and 17consistent manner, in full compliance with State of Louisiana statutes. 18 TOTAL EXPENDITURES $395,384,626$398,758,450 19MEANS OF FINANCE: 20State General Fund by: 21 Interagency Transfers $393,866,153$397,239,977 22 Fees and Self-generated Revenues $ 1,518,473$ 1,518,473 23 TOTAL MEANS OF FINANCING $395,384,626$398,758,450 2421-816 DIVISION OF ADMINISTRATIVE LAW 25EXPENDITURES: FY 20 EOB FY 21 REC 26Administration - 27Authorized Positions (58) (58) 28 $ 8,498,129$ 8,475,791 29Program Description: Provides a neutral forum for handling administrative hearings for 30certain state agencies, with respect for the dignity of individuals and their due process 31rights. 32 TOTAL EXPENDITURES $ 8,498,129$ 8,475,791 33MEANS OF FINANCE: 34State General Fund by: 35 Interagency Transfers $ 8,469,232$ 8,446,894 36 Fees & Self-generated Revenues $ 28,897$ 28,897 37 TOTAL MEANS OF FINANCING $ 8,498,129$ 8,475,791 3821-820 OFFICE OF STATE PROCUREMENT 39EXPENDITURES: FY 20 EOB FY 21 REC 40State Procurement - 41Authorized Positions (92) (99) 42 $10,895,092$12,319,548 Page 6 of 9 HLS 20RS-671 ORIGINAL HB NO. 306 1Program Description: The mission of the Office of State Procurement is to provide cost- 2effective services that satisfy the needs of approved governmental units of the State of 3Louisiana through the management of products and services. 4 TOTAL EXPENDITURES $10,895,092$12,319,548 5MEANS OF FINANCE: 6State General Fund by: 7 Interagency Transfers $ 5,447,546$ 5,447,546 8 Fees & Self-generated Revenues $ 5,447,546$ 6,872,002 9 TOTAL MEANS OF FINANCING $10,895,092$12,319,548 1021-829 OFFICE OF AIRCRAFT SERVICES 11EXPENDITURES: FY 20 EOB FY 21 REC 12Flight Maintenance - 13Authorized Positions (3) (3) 14 $ 2,264,646$ 2,328,385 15Program Description: The mission of the Office of Aircraft Services is to manage the 16overall maintenance and provide all needed and required support for safe, proper, and 17economic operation of the State’s various aircraft. Flight Maintenance Operations ensures 18flight safety, maintains high safety standards while minimizing aircraft downtime for repairs, 19and provides high quality, efficient, and economical repair and fueling services for state- 20operated aircraft. 21 TOTAL EXPENDITURES $ 2,264,646$ 2,328,385 22MEANS OF FINANCE: 23State General Fund by: 24 Interagency Transfers $ 1,835,431$ 2,149,170 25 Fees & Self-generated Revenues $ 429,215$ 179,215 26 TOTAL MEANS OF FINANCING $ 2,264,646$ 2,328,385 2721-860 CLEAN WATER STATE REVOLVING FUND 28EXPENDITURES: FY 20 EOB FY 21 REC 29Clean Water State Revolving Fund $90,000,000$110,000,000 30Program Description: Helps individual citizens and local governments participate in 31environmental programs by assisting municipalities to finance and construct wastewater 32treatment works. The Clean Water State Revolving Fund is used by the Department of 33Environmental Quality to assist recipients of Environmental Protection Agency and 34construction grants in providing project inspection, construction management, and overall 35program management services, required for the completion of the Environmental Protection 36Agency program, as outlined in the management grant. Regional meetings are held in the 37state’s eight planning districts with one-on-one follow-up meetings to make municipalities 38more aware of the program’s benefits and requirements. 39 TOTAL EXPENDITURES $90,000,000$110,000,000 40MEANS OF FINANCE: 41State General Fund by: 42 Statutory Dedications: 43 Clean Water State Revolving Fund $90,000,000$110,000,000 44 TOTAL MEANS OF FINANCING $90,000,000$110,000,000 Page 7 of 9 HLS 20RS-671 ORIGINAL HB NO. 306 121-861 DRINKING WATER REVOLVING LOAN FUND 2EXPENDITURES: FY 20 EOB FY 21 REC 3Drinking Water Revolving Loan Fund $34,000,000$34,000,000 4Program Description: Assist public water systems in financing needed drinking water 5infrastructure improvements (e.g. treatment plant, distribution main replacement, storage 6facilities, new wells). The Drinking Water Revolving Loan Fund provides assistance in the 7form of low-interest loans and technical assistance to public water systems in Louisiana to 8assist them with complying with state and federal drinking water regulations, ensuring that 9their customers are provided with safe drinking water thereby protecting the public health. 10 TOTAL EXPENDITURES $34,000,000$34,000,000 11MEANS OF FINANCE: 12State General Fund by: 13 Statutory Dedication: 14 Drinking Water Revolving Loan Fund $34,000,000$34,000,000 15 TOTAL MEANS OF FINANCING $34,000,000$34,000,000 16 Section 10. This Act shall become effective on July 1, 2020. 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 306 Original 2020 Regular Session Zeringue Abstract: Appropriates funds and provides for ancillary expenses of state government, including internal service funds, auxiliary accounts, and enterprise funds. Provides $638,161,680 of interagency transfers, $1,628,164,955 of fees and self-generated revenue, and $146,000,000 of statutory dedications to provide for the ancillary expenses of state government. Proposed law provides for the establishment and reestablishment of agency ancillary funds, to be specifically known as internal service funds, auxiliary accounts, or enterprise funds for certain state institutions, officials, and agencies. Requires the appropriated funds, to the extent deposited, unless otherwise specified, to be used for working capital in the conduct of business enterprises rendering public, auxiliary, and interagency services. Requires receipts from the conduct of such businesses to be deposited to the credit of each ancillary fund for FY 2020-2021. Requires all funds to be expended in accordance with public bid laws. Proposed law requires, except as otherwise provided, any fund equity resulting from prior year operations be included as a resource of the fund from which it is derived. Provides that all funds on deposit with the state treasury at the close of the fiscal year are authorized to be transferred to each fund as equity for FY 2021-2022. Further provides that all unexpended cash balances as of June 30, 2021, shall be remitted to the state treasurer on or before Aug. 14, 2021. Further provides that if not reestablished in the subsequent year's act, the agency must liquidate all assets and return all advances no later than Aug. 14, 2021. Proposed law provides that the program descriptions contained in the Act are not enacted into law by virtue of their inclusion in the Act. Page 8 of 9 HLS 20RS-671 ORIGINAL HB NO. 306 Proposed law provides that all money from federal, interagency, statutory dedications, or self-generated revenues of an agency be deemed available for expenditures in the amounts appropriated, and any increase in such revenues over the amounts appropriated shall only be available for expenditure by the agency with approval of the division of administration and the Joint Legislative Committee on the Budget (JLCB). Proposed law provides that the number of employees approved for each agency may be increased by the commissioner of administration, subject to JLCB approval, when appropriate documentation is deemed valid. Proposed law requires any agency with an appropriation level of $30 million or more to include positions within its table of organization which perform internal auditing services, including the position of a chief audit executive responsible for adhering to the Institute of Internal Auditors, International Standards for the Professional Practice of Internal Auditing. Proposed law directs the commissioner of administration to adjust performance objectives and indicators contained in the Executive Budget Supporting Document to reflect the funds appropriated and to report such adjustments to the JLCB by Aug. 15, 2020. Proposed law provides that the treasurer shall invest excess cash funds, excluding those arising from working capital advances, with the interest earned being credited to the account. Proposed law authorizes the commissioner of administration to transfer functions, positions, assets, and funds between and within departments in conjunction with the continuing assessment of the existing staff, assets, contracts, and facilities of each department, agency, program, or budget unit's information technology resources, and procurement resources, in order to optimize resources and provide cost savings. Proposed law does not apply to the Dept. of Culture, Recreation and Tourism, or any agency contained in Schedule 04, Elected Officials, of the General Appropriation Act. Effective July 1, 2020. Page 9 of 9