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. Page 1 of 9 HB NO. 484 ENROLLED 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 Page 2 of 9 HB NO. 484 ENROLLED 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 Page 3 of 9 HB NO. 484 ENROLLED 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 Page 4 of 9 HB NO. 484 ENROLLED 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 Page 5 of 9 HB NO. 484 ENROLLED 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 Page 6 of 9 HB NO. 484 ENROLLED 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 Page 7 of 9 HB NO. 484 ENROLLED 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 Page 8 of 9 HB NO. 484 ENROLLED 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: Page 9 of 9