Louisiana 2021 2021 Regular Session

Louisiana House Bill HB484 Engrossed / Bill

                    HLS 21RS-276	ENGROSSED
2021 Regular Session
HOUSE BILL NO. 484
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 2021-2022; to provide for an effective date; and to regulate the
6 administration of said funds.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  There are hereby appropriated the amounts shown below, which shall be
9payable out of the state general fund, to the extent of funds deposited, unless otherwise
10specified, for the establishment and reestablishment of agency ancillary funds which shall
11be specifically known as internal service funds, auxiliary accounts, or enterprise funds.  The
12monies in each fund shall be used for working capital in the conduct of business enterprises
13rendering public service, auxiliary service, and interagency service.
14 In the conduct of each such business, receipts shall be deposited in the state treasury
15and disbursements made by the state treasurer to the extent of the amount deposited to the
16credit of each ancillary fund, for the current fiscal year.  All funds appropriated herein shall
17be expended in compliance with the public bid laws of the state.
18 Section 2.A.  Except as otherwise provided by law or as herein otherwise provided,
19any fund equity resulting from prior year operations shall be included as a resource of the
20fund from which the ancillary fund is directly or indirectly derived.
21 B.  Funds on deposit with the state treasury at the close of the fiscal year are
22authorized to be transferred to each fund respectively, as equity for the next fiscal year. 
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1 All unexpended cash balances as of June 30, 2022, shall be remitted to the state
2treasurer on or before August 14, 2022.  If not reestablished in the subsequent year's Act, the
3agency must liquidate all assets and return all advances no later than August 14, 2022.
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
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HB NO. 484
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 Executive
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
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HB NO. 484
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 21 EOB FY 22 REC
8State Group Benefits - 
9Authorized Positions	(42) (42)
10 Expenditures	$1,584,274,843$1,638,729,375
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	$1,584,274,843$1,638,729,375
15MEANS OF FINANCE:
16State General Fund by:
17 Interagency Transfers	$ 198,733$ 598,733
18 Fees & Self-generated Revenues $1,584,076,110$1,638,130,642
19 TOTAL MEANS OF FINANCING $1,584,274,843$1,638,729,375
20Provided, however, the Office of Group Benefits shall contract with a third-party medical
21claims reviewer to provide a regular, frequent, and ongoing review and oversight process,
22including but not limited to review and oversight of the receipt, management, adjudication,
23and clinical review of claims payments. The third-party medical claims reviewer shall work
24toward identifying and eliminating systemic errors, recovering overpayments, and ensuring
25that only the required and appropriate amounts due and owing on claims are paid as a result
26of proper adjudication.
2721-804  OFFICE OF RISK MANAGEMENT
28EXPENDITURES:	FY 21 EOB FY 22 REC
29Risk Management - 
30Authorized Positions 	(41) (41)
31 Expenditures	$217,558,737$356,336,481
32Program Description:  Provides for the overall executive leadership and management of
33the office, support services, policy analysis, management direction of the state's self-
34insurance program; provides funding for the payment of losses on medical, malpractice,
35property, comprehensive general liability, personal injury, automobile liability, automobile
36physical damage, bonds, crime, aviation, wet marine boiler and machinery and
37miscellaneous tort claims; provides funding for the payment of contracts issued for
38professional legal defense of claims made against the state; provides funding for the
39reimbursement of the Division of Risk Litigation in the Office of the Attorney General for
40costs incurred for professional legal defense of claims made against the state.
41 TOTAL EXPENDITURES	$217,558,737$365,336,481
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HB NO. 484
1MEANS OF FINANCE:
2State General Fund by:
3 Interagency Transfers	$197,418,676$265,682,662
4 Fees & Self-generated Revenues $18,140,061$88,653,819
5 Statutory Dedications:
6 Future Medical Care Fund	$ 2,000,000$ 2,000,000
7 TOTAL MEANS OF FINANCING $217,558,737$356,336,481
821-806  LOUISIANA PROPERTY ASSISTANCE AG ENCY
9EXPENDITURES:	FY 21 EOB FY 22 REC
10Louisiana Property Assistance - 
11Authorized Positions 	(37) (37)
12 Expenditures	$ 7,451,981$ 7,297,236
13Program Description:  Provides for the accountability of the state's movable property
14through the development and implementation of sound management practices.
15 TOTAL EXPENDITURES	$ 7,451,981$ 7,297,236
16MEANS OF FINANCE:
17State General Fund by:
18 Interagency Transfers	$ 1,915,846$ 1,915,846
19 Fees & Self-generated Revenues $ 5,536,135$ 5,381,390
20 TOTAL MEANS OF FINANCING $ 7,451,981$ 7,297,236
2121-807  LOUISIANA FEDERAL PROPERTY ASSISTANCE AG ENCY
22EXPENDITURES:	FY 21 EOB FY 22 REC
23Federal Property Assistance - 
24Authorized Positions 	(9) (9)
25 Expenditures	$ 3,566,313$ 3,415,050
26Program Description:  Seeks to assure the fair and equitable distribution of federal
27property allocated to Louisiana by the General Services Administration to eligible Louisiana
28donees.
29 TOTAL EXPENDITURES	$ 3,566,313$ 3,415,050
30MEANS OF FINANCE:
31State General Fund by:
32 Interagency Transfers	$ 484,342$ 484,342
33 Fees & Self-generated Revenues $ 3,081,971$ 2,930,708
34 TOTAL MEANS OF FINANCING $ 3,566,313$ 3,415,050
3521-811  PRISON ENTERPRISES
36EXPENDITURES:	FY 21 EOB FY 22 REC
37Prison Enterprises - 
38Authorized Positions 	(72) (72)
39 Expenditures	$33,592,587$33,763,220
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HB NO. 484
1Program Description:  Utilizes the resources of the Department of Public Safety and
2Corrections in the production of food, fiber, and other necessary items used by offenders in
3order to lower the cost of incarceration; provides products and services to state agencies
4and agencies of parishes, municipalities, and other political subdivisions; and provides work
5opportunities for offenders.  Prison Enterprises conducts both industry operations and
6agriculture operations.
7 TOTAL EXPENDITURES	$33,592,587$33,763,220
8MEANS OF FINANCE:
9State General Fund by:
Interagency Transfers	$24,860,496$24,933,47910
11 Fees & Self-generated Revenues $ 8,732,091$ 8,829,741
12 TOTAL MEANS OF FINANCING $33,592,587$33,763,220
1321-815  OFFICE OF TECHNOLOGY SERVICES
14EXPENDITURES:	FY 21 EOB FY 22 REC
15Technology Services - 
16Authorized Positions 	(828) (828)
17 Authorized Other Charges Positions 	(9) (9)
18 Expenditures	$406,458,696$399,244,451
19Program Description:  The mission of the Office of Technology Services (OTS) is to
20establish competitive, cost-effective technology systems and services while acting as the sole
21centralized customer for the acquisition, billing and record keeping of those technology
22services. OTS shall charge respective user agencies for the cost of the technology and
23services provided including the cost of the operation of the office in a fair, equitable, and
24consistent manner, in full compliance with State of Louisiana statutes.
25 TOTAL EXPENDITURES	$406,458,696$399,244,451
26MEANS OF FINANCE:
27State General Fund by:
28 Interagency Transfers	$404,940,223$397,725,978
29 Fees & Self-generated Revenues $ 1,518,473$ 1,518,473
30 TOTAL MEANS OF FINANCING $406,458,696$399,244,451
3121-816  DIVISION OF ADMINISTRATIVE LAW
32EXPENDITURES:	FY 21 EOB FY 22 REC
33Administration - 
34Authorized Positions 	(58) (58)
35 Expenditures	$ 8,475,791$ 8,643,902
36Program Description:  Provides a neutral forum for handling administrative hearings for
37certain state agencies, with respect for the dignity of individuals and their due process
38rights.
39 TOTAL EXPENDITURES	$ 8,475,791$ 8,643,902
40MEANS OF FINANCE:
41State General Fund by:
42 Interagency Transfers	$ 8,446,894$ 8,615,005
43 Fees & Self-generated Revenues $ 28,897$ 28,897
44 TOTAL MEANS OF FINANCING $ 8,475,791$ 8,643,902
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HB NO. 484
121-820  OFFICE OF STATE PROCUREMENT
2EXPENDITURES:	FY 21 EOB FY 22 REC
3State Procurement - 
4Authorized Positions 	(99) (99)
5 Expenditures	$12,319,548$12,255,821
6Program Description: The mission of the Office of State Procurement is to provide cost-
7effective services that satisfy the needs of approved governmental units of the State of
8Louisiana through the management of products and services.
9 TOTAL EXPENDITURES	$12,319,548$12,255,821
10MEANS OF FINANCE:
11State General Fund by:
12 Interagency Transfers	$ 5,447,546$ 5,675,334
13 Fees & Self-generated Revenues $ 6,872,002$ 6,580,487
14 TOTAL MEANS OF FINANCING $12,319,548$12,255,821
1521-829  OFFICE OF AIRCRAFT SERVICES
16EXPENDITURES:	FY 21 EOB FY 22 REC
17Flight Maintenance - 
18Authorized Positions 	(3) (3)
19 Expenditures	$ 2,328,385$ 2,303,789
20Program Description:  The mission of the Office of Aircraft Services is to manage the
21overall maintenance and provide all needed and required support for safe, proper, and
22economic operation of the State’s various aircraft.  Flight Maintenance Operations ensures
23flight safety, maintains high safety standards while minimizing aircraft downtime for repairs,
24and provides high quality, efficient, and economical repair and fueling services for state-
25operated aircraft.
26 TOTAL EXPENDITURES	$ 2,328,385$ 2,303,789
27MEANS OF FINANCE:
28State General Fund by:
29 Interagency Transfers	$ 2,149,170$ 2,124,574
30 Fees & Self-generated Revenues $ 179,215$ 179,215
31 TOTAL MEANS OF FINANCING $ 2,328,385$ 2,303,789
3221-860 ENVIRONMENTAL STATE REVOLVING LOAN FUNDS
33EXPENDITURES:	FY 21 EOB FY 22 REC
34Environmental State Revolving Loan Funds $110,000,000$125,350,000
35Program Description:  Helps individual citizens and local governments participate in
36environmental programs by assisting municipalities to finance and construct wastewater
37treatment works.  The Clean Water State Revolving Fund is used by the Department of
38Environmental Quality to assist recipients of Environmental Protection Agency and
39construction grants in providing project inspection, construction management, and overall
40program management services, required for the completion of the Environmental Protection
41Agency program, as outlined in the management grant.  Regional meetings are held in the
42state’s eight planning districts with one-on-one follow-up meetings to make municipalities
43more aware of the program’s benefits and requirements.  The Brownfields Cleanup
44Revolving Loan Fund strives to uphold Comprehensive Environmental Response,
45Compensation, and Liability Act (CERCLA) Section 104(k) to protect the health and welfare
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HB NO. 484
1of the citizens of the state, as well as to enhance the environment of the state by
2administering the Brownfields Cleanup Revolving Loan Fund.
3 TOTAL EXPENDITURES	$110,000,000$125,350,000
4MEANS OF FINANCE:
5State General Fund by:
6 Statutory Dedications:
7 Clean Water State Revolving Fund $110,000,000$125,000,000
8 Brownfields Cleanup Revolving 
9      Loan Fund	$ 0$ 350,000
10 TOTAL MEANS OF FINANCING $110,000,000$125,350,000
1121-861 DRINKING WATER REVOLVING LOAN FUND
12EXPENDITURES:	FY 21 EOB FY 22 REC
13Drinking Water Revolving Loan Fund $47,988,458$47,988,458
14Program Description:  Assist public water systems in financing needed drinking water
15infrastructure improvements (e.g. treatment plant, distribution main replacement, storage
16facilities, new wells).  The Drinking Water Revolving Loan Fund provides assistance in the
17form of low-interest loans and technical assistance to public water systems in Louisiana to
18assist them with complying with state and federal drinking water regulations, ensuring that
19their customers are provided with safe drinking water thereby protecting the public health.
20 TOTAL EXPENDITURES	$47,988,458$47,988,458
21MEANS OF FINANCE:
22State General Fund by:
23 Statutory Dedication:
24 Drinking Water Revolving Loan Fund $47,988,458$47,988,458
25 TOTAL MEANS OF FINANCING $47,988,458$47,988,458
26 Section 10.  This Act shall become effective on July 1, 2021.
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 484 Engrossed 2021 Regular Session	Zeringue
Abstract:  Appropriates funds and provides for ancillary expenses of state government,
including internal service funds, auxiliary accounts, and enterprise funds.
Provides $707,755,953 of interagency transfers, $1,752,233,372 of fees and self-generated
revenues, and $175,338,458 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
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HB NO. 484
fund for FY 2021-2022.  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 to 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 2022-2023.  Further provides that all
unexpended cash balances as of June 30, 2022, shall be remitted to the state treasurer on or
before Aug. 14, 2022.  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, 2022.
Proposed law provides that the program descriptions contained in proposed law are not
enacted into law by virtue of their inclusion in proposed law.
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, 2021.
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.
Proposed law requires the office of group benefits to contract with a third party vendor to
review claims data.
Effective July 1, 2021.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the
original bill:
1. Add language to require the office of group benefits to contract with a third party
vendor to review claims data.
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