Louisiana 2021 Regular Session

Louisiana House Bill HB484 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 113
2021 Regular Session
HOUSE BILL NO. 484
BY REPRESENTATIVE ZERINGUE
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 for Fiscal Year 2021-2022; to provide for an effective date; and to regulate the
6 administration of said funds.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1.  There are hereby appropriated the amounts shown below, which shall be
9 payable out of the state general fund, to the extent of funds deposited, unless otherwise
10 specified, for the establishment and reestablishment of agency ancillary funds which shall
11 be specifically known as internal service funds, auxiliary accounts, or enterprise funds.  The
12 monies in each fund shall be used for working capital in the conduct of business enterprises
13 rendering public service, auxiliary service, and interagency service.
14 In the conduct of each such business, receipts shall be deposited in the state treasury
15 and disbursements made by the state treasurer to the extent of the amount deposited to the
16 credit of each ancillary fund, for the current fiscal year.  All funds appropriated herein shall
17 be 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,
19 any fund equity resulting from prior year operations shall be included as a resource of the
20 fund 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
22 authorized 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
2 treasurer on or before August 14, 2022.  If not reestablished in the subsequent year's Act, the
3 agency 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
5 enacted into law by virtue of their inclusion into this Act.
6 Section 3.  All money from federal, interagency transfers, statutory dedications, or
7 fees and self generated revenues shall be available for expenditure in the amounts herein
8 appropriated.
9 Any increase in such revenues shall be available for allotment and expenditure by
10 an agency on approval of an increase in the appropriation by the commissioner of
11 administration and the Joint Legislative Committee on the Budget.  Any increase in such
12 revenues for an agency without an appropriation from the respective revenue source shall
13 be incorporated into the agency's appropriation on approval of the commissioner of
14 administration and the Joint Legislative Committee on the Budget.
15 Section 4.A.  The figures in parentheses following the designation of a budget entity
16 are the total authorized positions and authorized other charges positions for that entity.  The
17 number of employees approved for each agency, as a result of the passage of this Act, may
18 be increased by the commissioner of administration when sufficient documentation is
19 presented and the request is deemed valid.  However, any request which exceeds five
20 positions shall be approved by the commissioner of administration and the Joint Legislative
21 Committee on the Budget.
22 B.  The budget request of any agency with an appropriation level of thirty million
23 dollars or more shall include within its existing table of organization positions which
24 perform the function of internal auditing, including the position of a chief audit executive. 
25 The chief audit executive shall be responsible for ensuring that the internal audit function
26 adheres to the Institute of Internal Auditors, International Standards for the Professional
27 Practice of Internal Auditing.  The chief audit executive shall maintain organizational
28 independence in accordance with these standards and shall have direct and unrestricted
29 access to the commission, board, secretary, or equivalent head of the agency.  The chief
30 audit executive shall certify to the commission, board, secretary, or equivalent head of the
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1 agency that the internal audit function conforms to the Institute of Internal Auditors,
2 International Standards for the Professional Practice of Internal Auditing.
3 Section 5.  All key and supporting performance objectives and indicators for the
4 departments, agencies, programs, and budget units contained in the Governor’s Executive
5 Budget Supporting Document shall be adjusted by the commissioner of administration to
6 reflect the funds appropriated therein.  The commissioner of administration shall report on
7 these 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
9 capital" shall be considered the excess of current assets over current liabilities on an accrual
10 basis.
11 Section 7.  Should any section, subsection, clause, sentence, phrase, or part of the Act
12 for any reason be held, deemed, or construed to be unconstitutional or invalid, such decisions
13 shall not affect the remaining provisions of the Act, and the legislature hereby declares that
14 it would have passed the Act, and each section, subsection, clause, sentence, phrase, or part
15 thereof, irrespective of the fact that one or more of the sections, subsections, clauses,
16 sentences, phrases, or parts thereof, is declared unconstitutional or invalid.  To this end, the
17 provisions of this Act are hereby declared severable.
18 Section 8.  Internal Service Funds.  These funds account for the financing of goods
19 or services provided by one department or agency to other departments or agencies of the
20 governmental unit, or to other governmental units, on a cost-reimbursement basis.  Excess
21 cash funds, excluding cash funds arising from working capital advances, shall be invested
22 by the state treasurer with the interest proceeds therefrom credited to each account and shall
23 not be transferred to the state general fund.
24 Section 9.  In conjunction with the continuing assessment of the existing staff, assets,
25 contracts, and facilities of each department, agency, program or budget unit’s information
26 technology resources and procurement resources, upon completion of this assessment and
27 to the extent optimization of these resources will result in the projected cost savings through
28 staff reductions, realization of operational efficiencies, cost avoidance, and elimination of
29 asset duplication, the commissioner of administration is authorized to transfer the functions,
30 positions, assets, and funds from any other department, agency, program, or budget units
31 related to these optimizations to a different department.  The provisions of this Section shall
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1 not apply to the Department of Culture, Recreation and Tourism, or any agency contained
2 in Schedule 04, Elected Officials, of the General Appropriation Act.
3	SCHEDULE 21
4	ANCILLARY APPROPRIATIONS
5 21-800  OFFICE OF GROUP BENEFITS
6 EXPENDITURES:	FY 21 EOB FY 22 REC
7 State Group Benefits - 
8 Authorized Positions	(42) (42)
9 Expenditures	$1,584,274,843$1,638,729,375
10 Program Description:  Provides for the administration of group health and accidental
11 insurance and group life insurance for current and former state employees and other
12 participating groups.
13 TOTAL EXPENDITURES	$1,584,274,843$1,638,729,375
14 MEANS OF FINANCE:
15 State General Fund by:
16 Interagency Transfers	$ 198,733$ 598,733
17 Fees & Self-generated Revenues $1,584,076,110$1,638,130,642
18 TOTAL MEANS OF FINANCING $1,584,274,843$1,638,729,375
19 Payable out of the State General Fund
20 by Fees and Self-generated Revenues to 
21 the State Group Benefits Program for
22 claim payments	$170,403,816
23 Provided, however, the Office of Group Benefits may contract with a third-party medical
24 claims reviewer to provide a regular, frequent, and ongoing review and oversight process,
25 including but not limited to review and oversight of the receipt, management, adjudication,
26 and clinical review of claims payments. The third-party medical claims reviewer shall work
27 toward identifying and eliminating systemic errors, recovering overpayments, and ensuring
28 that only the required and appropriate amounts due and owing on claims are paid as a result
29 of proper adjudication.
30 21-804  OFFICE OF RISK MANAGEMENT
31 EXPENDITURES:	FY 21 EOB FY 22 REC
32 Risk Management - 
33 Authorized Positions 	(41) (41)
34 Expenditures	$217,558,737$358,342,481
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1 Program Description:  Provides for the overall executive leadership and management of
2 the office, support services, policy analysis, management direction of the state's self-
3 insurance program; provides funding for the payment of losses on medical, malpractice,
4 property, comprehensive general liability, personal injury, automobile liability, automobile
5 physical damage, bonds, crime, aviation, wet marine boiler and machinery and
6 miscellaneous tort claims; provides funding for the payment of contracts issued for
7 professional legal defense of claims made against the state; provides funding for the
8 reimbursement of the Division of Risk Litigation in the Office of the Attorney General for
9 costs incurred for professional legal defense of claims made against the state.
10 TOTAL EXPENDITURES	$217,558,737$358,342,481
11 MEANS OF FINANCE:
12 State General Fund by:
13 Interagency Transfers	$197,418,676$265,682,662
14 Fees & Self-generated Revenues $18,140,061$90,659,819
15 Statutory Dedications:
16 Future Medical Care Fund	$ 2,000,000$ 2,000,000
17 TOTAL MEANS OF FINANCING $217,558,737$358,342,481
18 21-806  LOUISIANA PROPERTY ASSISTANCE AG ENCY
19 EXPENDITURES:	FY 21 EOB FY 22 REC
20 Louisiana Property Assistance - 
21 Authorized Positions 	(37) (37)
22 Expenditures	$ 7,451,981$ 7,747,236
23 Program Description:  Provides for the accountability of the state's movable property
24 through the development and implementation of sound management practices.
25 TOTAL EXPENDITURES	$ 7,451,981$ 7,747,236
26 MEANS OF FINANCE:
27 State General Fund by:
28 Interagency Transfers	$ 1,915,846$ 1,615,846
29 Fees & Self-generated Revenues $ 5,536,135$ 6,131,390
30 TOTAL MEANS OF FINANCING $ 7,451,981$ 7,747,236
31 21-807  LOUISIANA FEDERAL PROPERTY ASSISTANCE AG ENCY
32 EXPENDITURES:	FY 21 EOB FY 22 REC
33 Federal Property Assistance - 
34 Authorized Positions 	(9) (9)
35 Expenditures	$ 3,566,313$ 3,415,050
36 Program Description:  Seeks to assure the fair and equitable distribution of federal
37 property allocated to Louisiana by the General Services Administration to eligible Louisiana
38 donees.
39 TOTAL EXPENDITURES	$ 3,566,313$ 3,415,050
40 MEANS OF FINANCE:
41 State General Fund by:
42 Interagency Transfers	$ 484,342$ 484,342
43 Fees & Self-generated Revenues $ 3,081,971$ 2,930,708
44 TOTAL MEANS OF FINANCING $ 3,566,313$ 3,415,050
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1 21-811  PRISON ENTERPRISES
2 EXPENDITURES:	FY 21 EOB FY 22 REC
3 Prison Enterprises - 
4 Authorized Positions 	(72) (72)
5 Expenditures	$33,592,587$33,763,220
6 Program Description:  Utilizes the resources of the Department of Public Safety and
7 Corrections in the production of food, fiber, and other necessary items used by offenders in
8 order to lower the cost of incarceration; provides products and services to state agencies
9 and agencies of parishes, municipalities, and other political subdivisions; and provides work
10 opportunities for offenders.  Prison Enterprises conducts both industry operations and
11 agriculture operations.
12 TOTAL EXPENDITURES	$33,592,587$33,763,220
13 MEANS OF FINANCE:
14 State General Fund by:
Interagency Transfers	$24,860,496$24,933,47915
16 Fees & Self-generated Revenues $ 8,732,091$ 8,829,741
17 TOTAL MEANS OF FINANCING $33,592,587$33,763,220
18 21-815  OFFICE OF TECHNOLOGY SERVICES
19 EXPENDITURES:	FY 21 EOB FY 22 REC
20 Technology Services - 
21 Authorized Positions 	(828) (828)
22 Authorized Other Charges Positions 	(9) (9)
23 Expenditures	$406,458,696$399,244,451
24 Program Description:  The mission of the Office of Technology Services (OTS) is to
25 establish competitive, cost-effective technology systems and services while acting as the sole
26 centralized customer for the acquisition, billing and record keeping of those technology
27 services. OTS shall charge respective user agencies for the cost of the technology and
28 services provided including the cost of the operation of the office in a fair, equitable, and
29 consistent manner, in full compliance with State of Louisiana statutes.
30 TOTAL EXPENDITURES	$406,458,696$399,244,451
31 MEANS OF FINANCE:
32 State General Fund by:
33 Interagency Transfers	$404,940,223$397,725,978
34 Fees & Self-generated Revenues $ 1,518,473$ 1,518,473
35 TOTAL MEANS OF FINANCING $406,458,696$399,244,451
36 Payable out of State General Fund
37 by Interagency Transfers from the
38 Division of Administration via the 
39 American Rescue Plan Act of 2021
40 to the Technology Services
41 Program for broadband	$15,000,000
42 Payable out of State General Fund
43 by Interagency Transfers from the
44 Department of Education via the
45 American Rescue Plan Act of 2021
46 to non-public schools to procure laptops
47 and Chromebooks	$15,000,000
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1 Payable out of State General Fund
2 by Interagency Transfers from various
3 state agencies to the Technology
4 Services Program for projects and services	$96,422,873
5 21-816  DIVISION OF ADMINISTRATIVE LAW
6 EXPENDITURES:	FY 21 EOB FY 22 REC
7 Administration - 
8 Authorized Positions 	(58) (58)
9 Expenditures	$ 8,475,791$ 8,643,902
10 Program Description:  Provides a neutral forum for handling administrative hearings for
11 certain state agencies, with respect for the dignity of individuals and their due process
12 rights.
13 TOTAL EXPENDITURES	$ 8,475,791$ 8,643,902
14 MEANS OF FINANCE:
15 State General Fund by:
16 Interagency Transfers	$ 8,446,894$ 8,615,005
17 Fees & Self-generated Revenues $ 28,897$ 28,897
18 TOTAL MEANS OF FINANCING $ 8,475,791$ 8,643,902
19 21-820  OFFICE OF STATE PROCUREMENT
20 EXPENDITURES:	FY 21 EOB FY 22 REC
21 State Procurement - 
22 Authorized Positions 	(99) (99)
23 Expenditures	$12,319,548$12,255,821
24 Program Description: The mission of the Office of State Procurement is to provide cost-
25 effective services that satisfy the needs of approved governmental units of the State of
26 Louisiana through the management of products and services.
27 TOTAL EXPENDITURES	$12,319,548$12,255,821
28 MEANS OF FINANCE:
29 State General Fund by:
30 Interagency Transfers	$ 5,447,546$ 5,675,334
31 Fees & Self-generated Revenues $ 6,872,002$ 6,580,487
32 TOTAL MEANS OF FINANCING $12,319,548$12,255,821
33 21-829  OFFICE OF AIRCRAFT SERVICES
34 EXPENDITURES:	FY 21 EOB FY 22 REC
35 Flight Maintenance - 
36 Authorized Positions 	(3) (3)
37 Expenditures	$ 2,328,385$ 2,303,789
38 Program Description:  The mission of the Office of Aircraft Services is to manage the
39 overall maintenance and provide all needed and required support for safe, proper, and
40 economic operation of the State’s various aircraft.  Flight Maintenance Operations ensures
41 flight safety, maintains high safety standards while minimizing aircraft downtime for repairs,
42 and provides high quality, efficient, and economical repair and fueling services for state-
43 operated aircraft.
44 TOTAL EXPENDITURES	$ 2,328,385$ 2,303,789
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1 MEANS OF FINANCE:
2 State General Fund by:
3 Interagency Transfers	$ 2,149,170$ 2,124,574
4 Fees & Self-generated Revenues $ 179,215$ 179,215
5 TOTAL MEANS OF FINANCING $ 2,328,385$ 2,303,789
6 21-860 ENVIRONMENTAL STATE REVOLVING LOAN FUNDS
7 EXPENDITURES:	FY 21 EOB FY 22 REC
8 Environmental State Revolving Loan Funds $110,000,000$125,350,000
9 Program Description:  Helps individual citizens and local governments participate in
10 environmental programs by assisting municipalities to finance and construct wastewater
11 treatment works.  The Clean Water State Revolving Fund is used by the Department of
12 Environmental Quality to assist recipients of Environmental Protection Agency and
13 construction grants in providing project inspection, construction management, and overall
14 program management services, required for the completion of the Environmental Protection
15 Agency program, as outlined in the management grant.  Regional meetings are held in the
16 state’s eight planning districts with one-on-one follow-up meetings to make municipalities
17 more aware of the program’s benefits and requirements.  The Brownfields Cleanup
18 Revolving Loan Fund strives to uphold Comprehensive Environmental Response,
19 Compensation, and Liability Act (CERCLA) Section 104(k) to protect the health and welfare
20 of the citizens of the state, as well as to enhance the environment of the state by
21 administering the Brownfields Cleanup Revolving Loan Fund.
22 TOTAL EXPENDITURES	$110,000,000$125,350,000
23 MEANS OF FINANCE:
24 State General Fund by:
25 Statutory Dedications:
26 Clean Water State Revolving Fund $110,000,000$125,000,000
27 Brownfields Cleanup Revolving 
28      Loan Fund	$ 0$ 350,000
29 TOTAL MEANS OF FINANCING $110,000,000$125,350,000
30 21-861 DRINKING WATER REVOLVING LOAN FUND
31 EXPENDITURES:	FY 21 EOB FY 22 REC
32 Drinking Water Revolving Loan Fund $47,988,458$47,988,458
33 Program Description:  Assist public water systems in financing needed drinking water
34 infrastructure improvements (e.g. treatment plant, distribution main replacement, storage
35 facilities, new wells).  The Drinking Water Revolving Loan Fund provides assistance in the
36 form of low-interest loans and technical assistance to public water systems in Louisiana to
37 assist them with complying with state and federal drinking water regulations, ensuring that
38 their customers are provided with safe drinking water thereby protecting the public health.
39 TOTAL EXPENDITURES	$47,988,458$47,988,458
40 MEANS OF FINANCE:
41 State General Fund by:
42 Statutory Dedication:
43 Drinking Water Revolving Loan Fund $47,988,458$47,988,458
44 TOTAL MEANS OF FINANCING $47,988,458$47,988,458
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1 Section 10.  This Act shall become effective on July 1, 2021.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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