HLS 22RS-316 ENGROSSED 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. Page 1 of 10 HLS 22RS-316 ENGROSSED HB NO. 465 1 B. Funds on deposit with the state treasury at the close of the fiscal year are 2authorized to be transferred to each fund respectively, as equity for the next fiscal year. 3 All unexpended cash balances as of June 30, 2023, shall be remitted to the state 4treasurer on or before August 14, 2023. If not reestablished in the subsequent year's Act, the 5agency must liquidate all assets and return all advances no later than August 14, 2023. 6 C. The program descriptions contained in this Act are not part of the law and are not 7enacted into law by virtue of their inclusion into this Act. 8 Section 3. All money from federal, interagency transfers, statutory dedications, or 9fees and self generated revenues shall be available for expenditure in the amounts herein 10appropriated. 11 Any increase in such revenues shall be available for allotment and expenditure by 12an agency on approval of an increase in the appropriation by the commissioner of 13administration and the Joint Legislative Committee on the Budget. Any increase in such 14revenues for an agency without an appropriation from the respective revenue source shall 15be incorporated into the agency's appropriation on approval of the commissioner of 16administration and the Joint Legislative Committee on the Budget. 17 Section 4.A. The figures in parentheses following the designation of a budget entity 18are the total authorized positions and authorized other charges positions for that entity. The 19number of employees approved for each agency, as a result of the passage of this Act, may 20be increased by the commissioner of administration when sufficient documentation is 21presented and the request is deemed valid. However, any request which exceeds five 22positions shall be approved by the commissioner of administration and the Joint Legislative 23Committee on the Budget. 24 B. The budget request of any agency with an appropriation level of thirty million 25dollars or more shall include within its existing table of organization positions which 26perform the function of internal auditing, including the position of a chief audit executive. 27The chief audit executive shall be responsible for ensuring that the internal audit function 28adheres to the Institute of Internal Auditors, International Standards for the Professional 29Practice of Internal Auditing. The chief audit executive shall maintain organizational 30independence in accordance with these standards and shall have direct and unrestricted Page 2 of 10 HLS 22RS-316 ENGROSSED HB NO. 465 1access to the commission, board, secretary, or equivalent head of the agency. The chief 2audit executive shall certify to the commission, board, secretary, or equivalent head of the 3agency that the internal audit function conforms to the Institute of Internal Auditors, 4International Standards for the Professional Practice of Internal Auditing. 5 Section 5. All key and supporting performance objectives and indicators for the 6departments, agencies, programs, and budget units contained in the Governor’s Executive 7Budget Supporting Document shall be adjusted by the commissioner of administration to 8reflect the funds appropriated therein. The commissioner of administration shall report on 9these adjustments to the Joint Legislative Committee on the Budget each year by August 10fifteenth. 11 Section 6. The following definition is provided for the terms of this Act: "Working 12capital" shall be considered the excess of current assets over current liabilities on an accrual 13basis. 14 Section 7. Should any section, subsection, clause, sentence, phrase, or part of the Act 15for any reason be held, deemed, or construed to be unconstitutional or invalid, such decisions 16shall not affect the remaining provisions of the Act, and the legislature hereby declares that 17it would have passed the Act, and each section, subsection, clause, sentence, phrase, or part 18thereof, irrespective of the fact that one or more of the sections, subsections, clauses, 19sentences, phrases, or parts thereof, is declared unconstitutional or invalid. To this end, the 20provisions of this Act are hereby declared severable. 21 Section 8. Internal Service Funds. These funds account for the financing of goods 22or services provided by one department or agency to other departments or agencies of the 23governmental unit, or to other governmental units, on a cost-reimbursement basis. Excess 24cash funds, excluding cash funds arising from working capital advances, shall be invested 25by the state treasurer with the interest proceeds therefrom credited to each account and shall 26not be transferred to the state general fund. 27 Section 9. In conjunction with the continuing assessment of the existing staff, assets, 28contracts, and facilities of each department, agency, program or budget unit’s information 29technology resources and procurement resources, upon completion of this assessment and 30to the extent optimization of these resources will result in the projected cost savings through Page 3 of 10 HLS 22RS-316 ENGROSSED HB NO. 465 1staff reductions, realization of operational efficiencies, cost avoidance, and elimination of 2asset duplication, the commissioner of administration is authorized to transfer the functions, 3positions, assets, and funds from any other department, agency, program, or budget units 4related to these optimizations to a different department. The provisions of this Section shall 5not apply to the Department of Culture, Recreation and Tourism, or any agency contained 6in Schedule 04, Elected Officials, of the General Appropriation Act. 7 SCHEDULE 21 8 ANCILLARY APPROPRIATIONS 921-800 OFFICE OF GROUP BENEFITS 10EXPENDITURES: FY 22 EOB FY 23 REC 11State Group Benefits - 12Authorized Positions (42) (56) 13 Expenditures $1,809,133,191$1,809,705,404 14Program Description: Provides for the administration of group health and accidental 15insurance and group life insurance for current and former state employees and other 16participating groups. 17 TOTAL EXPENDITURES $1,809,133,191$1,809,705,404 18MEANS OF FINANCE: 19State General Fund by: 20 Interagency Transfers $ 598,733$ 598,733 21 Fees & Self-generated Revenues $1,808,534,458$1,809,106,671 22 TOTAL MEANS OF FINANCING $1,809,133,191$1,809,705,404 2321-804 OFFICE OF RISK MANAGEMENT 24EXPENDITURES: FY 22 EOB FY 23 REC 25Risk Management - 26Authorized Positions (41) (41) 27 Expenditures $358,342,481$324,218,483 28Program Description: Provides for the overall executive leadership and management of 29the office, support services, policy analysis, management direction of the state's self- 30insurance program; provides funding for the payment of losses on medical, malpractice, 31property, comprehensive general liability, personal injury, automobile liability, automobile 32physical damage, bonds, crime, aviation, wet marine boiler and machinery and 33miscellaneous tort claims; provides funding for the payment of contracts issued for 34professional legal defense of claims made against the state; provides funding for the 35reimbursement of the Division of Risk Litigation in the Office of the Attorney General for 36costs incurred for professional legal defense of claims made against the state. 37 TOTAL EXPENDITURES $358,342,481$324,218,483 38MEANS OF FINANCE: 39State General Fund by: 40 Interagency Transfers $265,682,662$275,551,395 41 Fees & Self-generated Revenues $90,659,819$46,667,088 Page 4 of 10 HLS 22RS-316 ENGROSSED HB NO. 465 1 Statutory Dedications: 2 Future Medical Care Fund $ 2,000,000$ 2,000,000 3 TOTAL MEANS OF FINANCING $358,342,481$324,218,483 421-806 LOUISIANA PROPERTY ASSISTANCE 5EXPENDITURES: FY 22 EOB FY 23 REC 6Louisiana Property Assistance - 7Authorized Positions (37) (37) 8 Expenditures $ 7,747,236$ 8,692,368 9Program Description: Provides for the accountability of the state's movable property 10through the development and implementation of sound management practices. 11 TOTAL EXPENDITURES $ 7,747,236$ 8,692,368 12MEANS OF FINANCE: 13State General Fund by: 14 Interagency Transfers $ 1,615,846$ 1,615,846 15 Fees & Self-generated Revenues $ 6,131,390$ 7,076,522 16 TOTAL MEANS OF FINANCING $ 7,747,236$ 8,692,368 1721-807 LOUISIANA FEDERAL PROPERTY ASSISTANCE AG ENCY 18EXPENDITURES: FY 22 EOB FY 23 REC 19Federal Property Assistance - 20Authorized Positions (9) (9) 21 Expenditures $ 3,415,050$ 3,441,308 22Program Description: Seeks to assure the fair and equitable distribution of federal 23property allocated to Louisiana by the General Services Administration to eligible Louisiana 24donees. 25 TOTAL EXPENDITURES $ 3,415,050$ 3,441,308 26MEANS OF FINANCE: 27State General Fund by: 28 Interagency Transfers $ 484,342$ 1,084,342 29 Fees & Self-generated Revenues $ 2,930,708$ 2,356,966 30 TOTAL MEANS OF FINANCING $ 3,415,050$ 3,441,308 3121-811 PRISON ENTERPRISES 32EXPENDITURES: FY 22 EOB FY 23 REC 33Prison Enterprises - 34Authorized Positions (72) (72) 35 Expenditures $33,763,220$34,484,007 36Program Description: Utilizes the resources of the Department of Public Safety and 37Corrections in the production of food, fiber, and other necessary items used by offenders in 38order to lower the cost of incarceration; provides products and services to state agencies 39and agencies of parishes, municipalities, and other political subdivisions; and provides work 40opportunities for offenders. Prison Enterprises conducts both industry operations and 41agriculture operations. 42 TOTAL EXPENDITURES $33,763,220$34,484,007 Page 5 of 10 HLS 22RS-316 ENGROSSED HB NO. 465 1MEANS OF FINANCE: 2State General Fund by: 3 Interagency Transfers $24,933,479$25,447,628 4 Fees & Self-generated Revenues $ 8,829,741$ 9,036,379 5 TOTAL MEANS OF FINANCING $33,763,220$34,484,007 621-815 OFFICE OF TECHNOLOGY SERVICES 7EXPENDITURES: FY 22 EOB FY 23 REC 8Technology Services - 9Authorized Positions (828) (828) 10Authorized Other Charges Positions (9) (9) 11 Expenditures $525,667,324$670,082,509 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 $525,667,324$670,082,509 19MEANS OF FINANCE: 20State General Fund by: 21 Interagency Transfers $524,148,851$668,564,036 22The allocations listed below are provided for informational purposes only and shall not be 23construed to limit the expenditures or means of financing of the Office of Technology 24Services. 25Executive Department $50,528,314 26Department of Transportation and Development $32,108,983 27Department of Public Safety and Corrections- Corrections Services$11,477,406 28Department of Public Safety and Corrections- Public Safety Services$53,964,933 29Department of Public Safety and Corrections- Youth Services$ 9,237,870 30Louisiana Department of Health $263,663,085 31Department of Children and Family Services $94,155,277 32Department of Revenue $29,770,915 33Louisiana Workforce Commission $27,830,125 34Department of Education $34,973,882 35Remaining State Agencies $60,853,246 36 Total Interagency Transfers $668,564,036 37 Fees & Self-generated Revenues $ 1,518,473$ 1,518,473 38Production Support Services to local and other 39 governmental entities $ 255,878 40Telecommunications Services to local and other 41 governmental entities $ 403,408 42IT Support Services to local and other 43 governmental entities $ 859,187 44 Total Fees & Self-generated Revenues $ 1,518,473 45 TOTAL MEANS OF FINANCING $525,667,324$670,082,509 46BY EXPENDITURE CATEGORY: 47 Personal Services $101,336,565 48 Operating Expenses $204,966,990 49 Professional Services $302,124,033 Page 6 of 10 HLS 22RS-316 ENGROSSED HB NO. 465 1 Other Charges $52,083,104 2 Acquisitions and Major Repairs $ 9,571,817 3 TOTAL BY EXPENDITURE CATEGORY $670,082,509 421-816 DIVISION OF ADMINISTRATIVE LAW 5EXPENDITURES: FY 22 EOB FY 23 REC 6Administration - 7Authorized Positions (58) (58) 8 Expenditures $ 8,643,902$ 9,829,286 9Program Description: Provides a neutral forum for handling administrative hearings for 10certain state agencies, with respect for the dignity of individuals and their due process 11rights. 12 TOTAL EXPENDITURES $ 8,643,902$ 9,829,286 13MEANS OF FINANCE: 14State General Fund by: 15 Interagency Transfers $ 8,615,005$ 9,800,389 16 Fees & Self-generated Revenues $ 28,897$ 28,897 17 TOTAL MEANS OF FINANCING $ 8,643,902$ 9,829,286 1821-820 OFFICE OF STATE PROCUREMENT 19EXPENDITURES: FY 22 EOB FY 23 REC 20Office of State Procurement - 21Authorized Positions (99) (99) 22 Expenditures $12,255,821$12,873,418 23Program Description: The mission of the Office of State Procurement is to provide cost- 24effective services that satisfy the needs of approved governmental units of the State of 25Louisiana through the management of products and services. 26 TOTAL EXPENDITURES $12,255,821$12,873,418 27MEANS OF FINANCE: 28State General Fund by: 29 Interagency Transfers $ 5,675,334$ 4,920,576 30 Fees & Self-generated Revenues $ 6,580,487$ 7,952,842 31 TOTAL MEANS OF FINANCING $12,255,821$12,873,418 3221-829 OFFICE OF AIRCRAFT SERVICES 33EXPENDITURES: FY 22 EOB FY 23 REC 34Flight Maintenance - 35Authorized Positions (3) (4) 36 Expenditures $ 2,303,789$ 2,324,065 37Program Description: The mission of the Office of Aircraft Services is to manage the 38overall maintenance and provide all needed and required support for safe, proper, and 39economic operation of the State’s various aircraft. Flight Maintenance Operations ensures 40flight safety, maintains high safety standards while minimizing aircraft downtime for repairs, 41and provides high quality, efficient, and economical repair and fueling services for state- 42operated aircraft. Page 7 of 10 HLS 22RS-316 ENGROSSED HB NO. 465 1 TOTAL EXPENDITURES $ 2,303,789$ 2,324,065 2MEANS OF FINANCE: 3State General Fund by: 4 Interagency Transfers $ 2,124,574$ 2,144,850 5 Fees & Self-generated Revenues $ 179,215$ 179,215 6 TOTAL MEANS OF FINANCING $ 2,303,789$ 2,324,065 721-860 ENVIRONMENTAL STATE REVOLVING LOAN FUNDS 8EXPENDITURES: FY 22 EOB FY 23 REC 9Environmental State Revolving Loan Funds $125,350,000$125,350,000 10Program Description: Helps individual citizens and local governments participate in 11environmental programs by assisting municipalities to finance and construct wastewater 12treatment works. The Clean Water State Revolving Fund is used by the Department of 13Environmental Quality to assist recipients of Environmental Protection Agency and 14construction grants in providing project inspection, construction management, and overall 15program management services, required for the completion of the Environmental Protection 16Agency program, as outlined in the management grant. Regional meetings are held in the 17state’s eight planning districts with one-on-one follow-up meetings to make municipalities 18more aware of the program’s benefits and requirements. The Brownfields Cleanup 19Revolving Loan Fund strives to uphold Comprehensive Environmental Response, 20Compensation, and Liability Act (CERCLA) Section 104(k) to protect the health and welfare 21of the citizens of the state, as well as to enhance the environment of the state by 22administering the Brownfields Cleanup Revolving Loan Fund. 23 TOTAL EXPENDITURES $125,350,000$125,350,000 24MEANS OF FINANCE: 25State General Fund by: 26 Statutory Dedications: 27 Clean Water State Revolving Fund $125,000,000$125,000,000 28 Brownfields Cleanup Revolving 29 Loan Fund $ 350,000$ 350,000 30 TOTAL MEANS OF FINANCING $125,350,000$125,350,000 31Payable out of the State General Fund by 32Statutory Dedications out of the Matching Funds 33Fund to the Environmental State Revolving Loan 34Funds Program to use as state match for the 35Clean Water State Revolving Fund allocations found 36in the federal Infrastructure Investment and Jobs Act, 37in the event that House Bill No. 406 of the 2022 38Regular Session of the Legislature is enacted into law $ 4,256,600 3921-861 DRINKING WATER REVOLVING LOAN FUND 40EXPENDITURES: FY 22 EOB FY 23 REC 41Drinking Water Revolving Loan Fund $47,988,458$47,988,458 42Program Description: Assist public water systems in financing needed drinking water 43infrastructure improvements (e.g. treatment plant, distribution main replacement, storage 44facilities, new wells). The Drinking Water Revolving Loan Fund provides assistance in the 45form of low-interest loans and technical assistance to public water systems in Louisiana to 46assist them with complying with state and federal drinking water regulations, ensuring that 47their customers are provided with safe drinking water thereby protecting the public health. Page 8 of 10 HLS 22RS-316 ENGROSSED HB NO. 465 1 TOTAL EXPENDITURES $47,988,458$47,988,458 2MEANS OF FINANCE: 3State General Fund by: 4 Statutory Dedication: 5 Drinking Water Revolving Loan Fund $47,988,458$47,988,458 6 TOTAL MEANS OF FINANCING $47,988,458$47,988,458 7Payable out of the State General Fund by Statutory 8Dedications out of the Matching Funds Fund to the 9Drinking Water Revolving Loan Fund Program to 10use as state match for the Drinking Water Revolving 11Loan Fund allocations found in the federal 12Infrastructure Investment and Jobs Act, in the event 13that House Bill No. 406 of the 2022 Regular Session 14of the Legislature is enacted into law $ 2,693,000 15 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 Engrossed 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 $182,288,058 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. 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 Page 9 of 10 HLS 22RS-316 ENGROSSED HB NO. 465 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. Proposed law provides allocations for the Office of Technology Services for informational purposes only and are not construed to limit the expenditures or means of financing of the office. Proposed law provides additional funding to the Clean Water Revolving Loan Fund and the Drinking Water Revolving Loan Fund out of the Matching Funds Fund. Effective July 1, 2022. Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Appropriations to the original bill: 1. Provides a list of funding allocations for the Office of Technology Services for informational purposes. 2. Provides $6.9 million out of the Matching Funds Fund for the Drinking Water Revolving Loan Fund and the Clean Water Revolving Loan Fund. Page 10 of 10