HLS 22RS-316 ORIGINAL 2022 Regular Session HOUSE BILL NO. 465 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 2022-2023; 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 Page 1 of 9 HLS 22RS-316 ORIGINAL HB NO. 465 1authorized to be transferred to each fund respectively, as equity for the next fiscal year. 2 All unexpended cash balances as of June 30, 2023, shall be remitted to the state 3treasurer on or before August 14, 2023. If not reestablished in the subsequent year's Act, the 4agency must liquidate all assets and return all advances no later than August 14, 2023. 5 C. The program descriptions contained in this Act are not part of the law and are not 6enacted into law by virtue of their inclusion into this Act. 7 Section 3. All money from federal, interagency transfers, statutory dedications, or 8fees and self generated revenues shall be available for expenditure in the amounts herein 9appropriated. 10 Any increase in such revenues shall be available for allotment and expenditure by 11an agency on approval of an increase in the appropriation by the commissioner of 12administration and the Joint Legislative Committee on the Budget. Any increase in such 13revenues for an agency without an appropriation from the respective revenue source shall 14be incorporated into the agency's appropriation on approval of the commissioner of 15administration and the Joint Legislative Committee on the Budget. 16 Section 4.A. The figures in parentheses following the designation of a budget entity 17are the total authorized positions and authorized other charges positions for that entity. The 18number of employees approved for each agency, as a result of the passage of this Act, may 19be increased by the commissioner of administration when sufficient documentation is 20presented and the request is deemed valid. However, any request which exceeds five 21positions shall be approved by the commissioner of administration and the Joint Legislative 22Committee on the Budget. 23 B. The budget request of any agency with an appropriation level of thirty million 24dollars or more shall include within its existing table of organization positions which 25perform the function of internal auditing, including the position of a chief audit executive. 26The chief audit executive shall be responsible for ensuring that the internal audit function 27adheres to the Institute of Internal Auditors, International Standards for the Professional 28Practice of Internal Auditing. The chief audit executive shall maintain organizational 29independence in accordance with these standards and shall have direct and unrestricted 30access to the commission, board, secretary, or equivalent head of the agency. The chief Page 2 of 9 HLS 22RS-316 ORIGINAL HB NO. 465 1audit executive shall certify to the commission, board, secretary, or equivalent head of the 2agency that the internal audit function conforms to the Institute of Internal Auditors, 3International Standards for the Professional Practice of Internal Auditing. 4 Section 5. All key and supporting performance objectives and indicators for the 5departments, agencies, programs, and budget units contained in the Governor’s Executive 6Budget Supporting Document shall be adjusted by the commissioner of administration to 7reflect the funds appropriated therein. The commissioner of administration shall report on 8these adjustments to the Joint Legislative Committee on the Budget each year by August 9fifteenth. 10 Section 6. The following definition is provided for the terms of this Act: "Working 11capital" shall be considered the excess of current assets over current liabilities on an accrual 12basis. 13 Section 7. Should any section, subsection, clause, sentence, phrase, or part of the Act 14for any reason be held, deemed, or construed to be unconstitutional or invalid, such decisions 15shall not affect the remaining provisions of the Act, and the legislature hereby declares that 16it would have passed the Act, and each section, subsection, clause, sentence, phrase, or part 17thereof, irrespective of the fact that one or more of the sections, subsections, clauses, 18sentences, phrases, or parts thereof, is declared unconstitutional or invalid. To this end, the 19provisions of this Act are hereby declared severable. 20 Section 8. Internal Service Funds. These funds account for the financing of goods 21or services provided by one department or agency to other departments or agencies of the 22governmental unit, or to other governmental units, on a cost-reimbursement basis. Excess 23cash funds, excluding cash funds arising from working capital advances, shall be invested 24by the state treasurer with the interest proceeds therefrom credited to each account and shall 25not be transferred to the state general fund. 26 Section 9. In conjunction with the continuing assessment of the existing staff, assets, 27contracts, and facilities of each department, agency, program or budget unit’s information 28technology resources and procurement resources, upon completion of this assessment and 29to the extent optimization of these resources will result in the projected cost savings through 30staff reductions, realization of operational efficiencies, cost avoidance, and elimination of Page 3 of 9 HLS 22RS-316 ORIGINAL HB NO. 465 1asset duplication, the commissioner of administration is authorized to transfer the functions, 2positions, assets, and funds from any other department, agency, program, or budget units 3related to these optimizations to a different department. The provisions of this Section shall 4not apply to the Department of Culture, Recreation and Tourism, or any agency contained 5in Schedule 04, Elected Officials, of the General Appropriation Act. 6 SCHEDULE 21 7 ANCILLARY APPROPRIATIONS 821-800 OFFICE OF GROUP BENEFITS 9EXPENDITURES: FY 22 EOB FY 23 REC 10State Group Benefits - 11Authorized Positions (42) (56) 12 Expenditures $1,809,133,191$1,809,705,404 13Program Description: Provides for the administration of group health and accidental 14insurance and group life insurance for current and former state employees and other 15participating groups. 16 TOTAL EXPENDITURES $1,809,133,191$1,809,705,404 17MEANS OF FINANCE: 18State General Fund by: 19 Interagency Transfers $ 598,733$ 598,733 20 Fees & Self-generated Revenues $1,808,534,458$1,809,106,671 21 TOTAL MEANS OF FINANCING $1,809,133,191$1,809,705,404 2221-804 OFFICE OF RISK MANAGEMENT 23EXPENDITURES: FY 22 EOB FY 23 REC 24Risk Management - 25Authorized Positions (41) (41) 26 Expenditures $358,342,481$324,218,483 27Program Description: Provides for the overall executive leadership and management of 28the office, support services, policy analysis, management direction of the state's self- 29insurance program; provides funding for the payment of losses on medical, malpractice, 30property, comprehensive general liability, personal injury, automobile liability, automobile 31physical damage, bonds, crime, aviation, wet marine boiler and machinery and 32miscellaneous tort claims; provides funding for the payment of contracts issued for 33professional legal defense of claims made against the state; provides funding for the 34reimbursement of the Division of Risk Litigation in the Office of the Attorney General for 35costs incurred for professional legal defense of claims made against the state. 36 TOTAL EXPENDITURES $358,342,481$324,218,483 37MEANS OF FINANCE: 38State General Fund by: 39 Interagency Transfers $265,682,662$275,551,395 40 Fees & Self-generated Revenues $90,659,819$46,667,088 41 Statutory Dedications: 42 Future Medical Care Fund $ 2,000,000$ 2,000,000 43 TOTAL MEANS OF FINANCING $358,342,481$324,218,483 Page 4 of 9 HLS 22RS-316 ORIGINAL HB NO. 465 121-806 LOUISIANA PROPERTY ASSISTANCE 2EXPENDITURES: FY 22 EOB FY 23 REC 3Louisiana Property Assistance - 4Authorized Positions (37) (37) 5 Expenditures $ 7,747,236$ 8,692,368 6Program Description: Provides for the accountability of the state's movable property 7through the development and implementation of sound management practices. 8 TOTAL EXPENDITURES $ 7,747,236$ 8,692,368 9MEANS OF FINANCE: 10State General Fund by: 11 Interagency Transfers $ 1,615,846$ 1,615,846 12 Fees & Self-generated Revenues $ 6,131,390$ 7,076,522 13 TOTAL MEANS OF FINANCING $ 7,747,236$ 8,692,368 1421-807 LOUISIANA FEDERAL PROPERTY ASSISTANCE AG ENCY 15EXPENDITURES: FY 22 EOB FY 23 REC 16Federal Property Assistance - 17Authorized Positions (9) (9) 18 Expenditures $ 3,415,050$ 3,441,308 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 $ 3,415,050$ 3,441,308 23MEANS OF FINANCE: 24State General Fund by: 25 Interagency Transfers $ 484,342$ 1,084,342 26 Fees & Self-generated Revenues $ 2,930,708$ 2,356,966 27 TOTAL MEANS OF FINANCING $ 3,415,050$ 3,441,308 2821-811 PRISON ENTERPRISES 29EXPENDITURES: FY 22 EOB FY 23 REC 30Prison Enterprises - 31Authorized Positions (72) (72) 32 Expenditures $33,763,220$34,484,007 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 $33,763,220$34,484,007 40MEANS OF FINANCE: 41State General Fund by: 42 Interagency Transfers $24,933,479$25,447,628 43 Fees & Self-generated Revenues $ 8,829,741$ 9,036,379 Page 5 of 9 HLS 22RS-316 ORIGINAL HB NO. 465 1 TOTAL MEANS OF FINANCING $33,763,220$34,484,007 221-815 OFFICE OF TECHNOLOGY SERVICES 3EXPENDITURES: FY 22 EOB FY 23 REC 4Technology Services - 5Authorized Positions (828) (828) 6Authorized Other Charges Positions (9) (9) 7 Expenditures $525,667,324$670,082,509 8Program Description: The mission of the Office of Technology Services (OTS) is to 9establish competitive, cost-effective technology systems and services while acting as the sole 10centralized customer for the acquisition, billing and record keeping of those technology 11services. OTS shall charge respective user agencies for the cost of the technology and 12services provided including the cost of the operation of the office in a fair, equitable, and 13consistent manner, in full compliance with State of Louisiana statutes. 14 TOTAL EXPENDITURES $525,667,324$670,082,509 15MEANS OF FINANCE: 16State General Fund by: 17 Interagency Transfers $524,148,851$668,564,036 18 Fees & Self-generated Revenues $ 1,518,473$ 1,518,473 19 TOTAL MEANS OF FINANCING $525,667,324$670,082,509 2021-816 DIVISION OF ADMINISTRATIVE LAW 21EXPENDITURES: FY 22 EOB FY 23 REC 22Administration - 23Authorized Positions (58) (58) 24 Expenditures $ 8,643,902$ 9,829,286 25Program Description: Provides a neutral forum for handling administrative hearings for 26certain state agencies, with respect for the dignity of individuals and their due process 27rights. 28 TOTAL EXPENDITURES $ 8,643,902$ 9,829,286 29MEANS OF FINANCE: 30State General Fund by: 31 Interagency Transfers $ 8,615,005$ 9,800,389 32 Fees & Self-generated Revenues $ 28,897$ 28,897 33 TOTAL MEANS OF FINANCING $ 8,643,902$ 9,829,286 3421-820 OFFICE OF STATE PROCUREMENT 35EXPENDITURES: FY 22 EOB FY 23 REC 36Office of State Procurement - 37Authorized Positions (99) (99) 38 Expenditures $12,255,821$12,873,418 39Program Description: The mission of the Office of State Procurement is to provide cost- 40effective services that satisfy the needs of approved governmental units of the State of 41Louisiana through the management of products and services. 42 TOTAL EXPENDITURES $12,255,821$12,873,418 Page 6 of 9 HLS 22RS-316 ORIGINAL HB NO. 465 1MEANS OF FINANCE: 2State General Fund by: 3 Interagency Transfers $ 5,675,334$ 4,920,576 4 Fees & Self-generated Revenues $ 6,580,487$ 7,952,842 5 TOTAL MEANS OF FINANCING $12,255,821$12,873,418 621-829 OFFICE OF AIRCRAFT SERVICES 7EXPENDITURES: FY 22 EOB FY 23 REC 8Flight Maintenance - 9Authorized Positions (3) (4) 10 Expenditures $ 2,303,789$ 2,324,065 11Program Description: The mission of the Office of Aircraft Services is to manage the 12overall maintenance and provide all needed and required support for safe, proper, and 13economic operation of the State’s various aircraft. Flight Maintenance Operations ensures 14flight safety, maintains high safety standards while minimizing aircraft downtime for repairs, 15and provides high quality, efficient, and economical repair and fueling services for state- 16operated aircraft. 17 TOTAL EXPENDITURES $ 2,303,789$ 2,324,065 18MEANS OF FINANCE: 19State General Fund by: 20 Interagency Transfers $ 2,124,574$ 2,144,850 21 Fees & Self-generated Revenues $ 179,215$ 179,215 22 TOTAL MEANS OF FINANCING $ 2,303,789$ 2,324,065 2321-860 ENVIRONMENTAL STATE REVOLVING LOAN FUNDS 24EXPENDITURES: FY 22 EOB FY 23 REC 25Environmental State Revolving Loan Funds $125,350,000$125,350,000 26Program Description: Helps individual citizens and local governments participate in 27environmental programs by assisting municipalities to finance and construct wastewater 28treatment works. The Clean Water State Revolving Fund is used by the Department of 29Environmental Quality to assist recipients of Environmental Protection Agency and 30construction grants in providing project inspection, construction management, and overall 31program management services, required for the completion of the Environmental Protection 32Agency program, as outlined in the management grant. Regional meetings are held in the 33state’s eight planning districts with one-on-one follow-up meetings to make municipalities 34more aware of the program’s benefits and requirements. The Brownfields Cleanup 35Revolving Loan Fund strives to uphold Comprehensive Environmental Response, 36Compensation, and Liability Act (CERCLA) Section 104(k) to protect the health and welfare 37of the citizens of the state, as well as to enhance the environment of the state by 38administering the Brownfields Cleanup Revolving Loan Fund. 39 TOTAL EXPENDITURES $125,350,000$125,350,000 40MEANS OF FINANCE: 41State General Fund by: 42 Statutory Dedications: 43 Clean Water State Revolving Fund $125,000,000$125,000,000 44 Brownfields Cleanup Revolving 45 Loan Fund $ 350,000$ 350,000 46 TOTAL MEANS OF FINANCING $125,350,000$125,350,000 Page 7 of 9 HLS 22RS-316 ORIGINAL HB NO. 465 121-861 DRINKING WATER REVOLVING LOAN FUND 2EXPENDITURES: FY 22 EOB FY 23 REC 3Drinking Water Revolving Loan Fund $47,988,458$47,988,458 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 $47,988,458$47,988,458 11MEANS OF FINANCE: 12State General Fund by: 13 Statutory Dedication: 14 Drinking Water Revolving Loan Fund $47,988,458$47,988,458 15 TOTAL MEANS OF FINANCING $47,988,458$47,988,458 16 Section 10. This Act shall become effective on July 1, 2022. 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 465 Original 2022 Regular Session Zeringue Abstract: Appropriates funds and provides for ancillary expenses of state government, including internal service funds, auxiliary accounts, and enterprise funds. Provides $989,727,795 of interagency transfers, $1,883,923,053 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 fund for FY 2022-2023. 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 2023-2024. Further provides that all unexpended cash balances as of June 30, 2023, shall be remitted to the state treasurer on or before Aug. 14, 2023. 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, 2023. 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 22RS-316 ORIGINAL HB NO. 465 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, 2022. 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, 2022. Page 9 of 9