Louisiana 2022 Regular Session

Louisiana House Bill HB465 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 169
2022 Regular Session
HOUSE BILL NO. 465
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 2022-2023; 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. 
23 All unexpended cash balances as of June 30, 2023, shall be remitted to the state
Page 1 of 9 HB NO. 465	ENROLLED
1 treasurer on or before August 14, 2023.  If not reestablished in the subsequent year's Act, the
2 agency shall liquidate all assets and return all advances no later than August 14, 2023.
3 C.  The program descriptions contained in this Act are not part of the law and are not
4 enacted into law by virtue of their inclusion into this Act.
5 Section 3.  All money from federal, interagency transfers, statutory dedications, or
6 fees and self-generated revenues shall be available for expenditure in the amounts herein
7 appropriated.
8 Any increase in such revenues shall be available for allotment and expenditure by
9 an agency on approval of an increase in the appropriation by the commissioner of
10 administration and the Joint Legislative Committee on the Budget.  Any increase in such
11 revenues for an agency without an appropriation from the respective revenue source shall
12 be incorporated into the agency's appropriation on approval of the commissioner of
13 administration and the Joint Legislative Committee on the Budget.
14 Section 4.A.  The figures in parentheses following the designation of a budget entity
15 are the total authorized positions and authorized other charges positions for that entity.  The
16 number of employees approved for each agency, as a result of the passage of this Act, may
17 be increased by the commissioner of administration when sufficient documentation is
18 presented and the request is deemed valid.  However, any request which exceeds five
19 positions shall be approved by the commissioner of administration and the Joint Legislative
20 Committee on the Budget.
21 B.  The budget request of any agency with an appropriation level of thirty million
22 dollars or more shall include within its existing table of organization positions which
23 perform the function of internal auditing, including the position of a chief audit executive. 
24 The chief audit executive shall be responsible for ensuring that the internal audit function
25 adheres to the Institute of Internal Auditors, International Standards for the Professional
26 Practice of Internal Auditing.  The chief audit executive shall maintain organizational
27 independence in accordance with these standards and shall have direct and unrestricted
28 access to the commission, board, secretary, or equivalent head of the agency.  The chief
29 audit executive shall certify to the commission, board, secretary, or equivalent head of the
30 agency that the internal audit function conforms to the Institute of Internal Auditors,
31 International Standards for the Professional Practice of Internal Auditing.
Page 2 of 9 HB NO. 465	ENROLLED
1 Section 5.  All key and supporting performance objectives and indicators for the
2 departments, agencies, programs, and budget units contained in the Governor’s Executive
3 Budget Supporting Document shall be adjusted by the commissioner of administration to
4 reflect the funds appropriated therein.  The commissioner of administration shall report on
5 these adjustments to the Joint Legislative Committee on the Budget each year by August
6 fifteenth.
7 Section 6.  The following definition is provided for the terms of this Act:  "Working
8 capital" shall be considered the excess of current assets over current liabilities on an accrual
9 basis.
10 Section 7.  Should any section, subsection, clause, sentence, phrase, or part of the Act
11 for any reason be held, deemed, or construed to be unconstitutional or invalid, such decisions
12 shall not affect the remaining provisions of the Act, and the legislature hereby declares that
13 it would have passed the Act, and each section, subsection, clause, sentence, phrase, or part
14 thereof, irrespective of the fact that one or more of the sections, subsections, clauses,
15 sentences, phrases, or parts thereof, is declared unconstitutional or invalid.  To this end, the
16 provisions of this Act are hereby declared severable.
17 Section 8.  Internal Service Funds.  These funds account for the financing of goods
18 or services provided by one department or agency to other departments or agencies of the
19 governmental unit, or to other governmental units, on a cost-reimbursement basis.  Excess
20 cash funds, excluding cash funds arising from working capital advances, shall be invested
21 by the state treasurer with the interest proceeds therefrom credited to each account and shall
22 not be transferred to the state general fund.
23 Section 9.  In conjunction with the continuing assessment of the existing staff, assets,
24 contracts, and facilities of each department, agency, program, or budget unit’s information
25 technology resources and procurement resources, upon completion of this assessment and
26 to the extent optimization of these resources will result in the projected cost savings through
27 staff reductions, realization of operational efficiencies, cost avoidance, and elimination of
28 asset duplication, the commissioner of administration is authorized to transfer the functions,
29 positions, assets, and funds from any other department, agency, program, or budget units
30 related to these optimizations to a different department.  The provisions of this Section shall
31 not apply to the Department of Culture, Recreation and Tourism, or any agency contained
32 in Schedule 04, Elected Officials, of the General Appropriation Act.
Page 3 of 9 HB NO. 465	ENROLLED
1	SCHEDULE 21
2	ANCILLARY APPROPRIATIONS
3 21-800  OFFICE OF GROUP BENEFITS
4 EXPENDITURES:	FY 22 EOB FY 23 REC
5 State Group Benefits - 
6 Authorized Positions	(42) (56)
7 Expenditures	$1,809,133,191$1,809,705,404
8 Program Description:  Provides for the administration of group health and accidental
9 insurance and group life insurance for current and former state employees and other
10 participating groups.
11 TOTAL EXPENDITURES	$1,809,133,191$1,809,705,404
12 MEANS OF FINANCE:
13 State General Fund by:
14 Interagency Transfers	$ 598,733$ 598,733
15 Fees & Self-generated Revenues $1,808,534,458$1,809,106,671
16 TOTAL MEANS OF FINANCING $1,809,133,191$1,809,705,404
17 21-804  OFFICE OF RISK MANAGEMENT
18 EXPENDITURES:	FY 22 EOB FY 23 REC
19 Risk Management - 
20 Authorized Positions 	(41) (41)
21 Expenditures	$358,342,481$324,218,483
22 Program Description:  Provides for the overall executive leadership and management of
23 the office, support services, policy analysis, management direction of the state's self-
24 insurance program; provides funding for the payment of losses on medical, malpractice,
25 property, comprehensive general liability, personal injury, automobile liability, automobile
26 physical damage, bonds, crime, aviation, wet marine boiler and machinery and
27 miscellaneous tort claims; provides funding for the payment of contracts issued for
28 professional legal defense of claims made against the state; provides funding for the
29 reimbursement of the Division of Risk Litigation in the Office of the Attorney General for
30 costs incurred for professional legal defense of claims made against the state.
31 TOTAL EXPENDITURES	$358,342,481$324,218,483
32 MEANS OF FINANCE:
33 State General Fund by:
34 Interagency Transfers	$265,682,662$275,551,395
35 Fees & Self-generated Revenues $90,659,819$46,667,088
36 Statutory Dedications:
37 Future Medical Care Fund	$ 2,000,000$ 2,000,000
38 TOTAL MEANS OF FINANCING $358,342,481$324,218,483
39 21-806  LOUISIANA PROPERTY ASSISTANCE
40 EXPENDITURES:	FY 22 EOB FY 23 REC
41 Louisiana Property Assistance - 
42 Authorized Positions	(37) (37)
43 Expenditures	$ 7,747,236$ 8,692,368
44 Program Description:  Provides for the accountability of the state's movable property
45 through the development and implementation of sound management practices.
46 TOTAL EXPENDITURES	$ 7,747,236$ 8,692,368
Page 4 of 9 HB NO. 465	ENROLLED
1 MEANS OF FINANCE:
2 State General Fund by:
3 Interagency Transfers	$ 1,615,846$ 1,615,846
4 Fees & Self-generated Revenues $ 6,131,390$ 7,076,522
5 TOTAL MEANS OF FINANCING $ 7,747,236$ 8,692,368
6 21-807  LOUISIANA FEDERAL PROPERTY ASSISTANCE AG ENCY
7 EXPENDITURES:	FY 22 EOB FY 23 REC
8 Federal Property Assistance - 
9 Authorized Positions 	(9) (9)
10 Expenditures	$ 3,415,050$ 3,441,308
11 Program Description:  Seeks to assure the fair and equitable distribution of federal
12 property allocated to Louisiana by the General Services Administration to eligible Louisiana
13 donees.
14 TOTAL EXPENDITURES	$ 3,415,050$ 3,441,308
15 MEANS OF FINANCE:
16 State General Fund by:
17 Interagency Transfers	$ 484,342$ 1,084,342
18 Fees & Self-generated Revenues $ 2,930,708$ 2,356,966
19 TOTAL MEANS OF FINANCING $ 3,415,050$ 3,441,308
20 21-811  PRISON ENTERPRISES
21 EXPENDITURES:	FY 22 EOB FY 23 REC
22 Prison Enterprises - 
23 Authorized Positions 	(72) (72)
24 Expenditures	$33,763,220$34,484,007
25 Program Description:  Utilizes the resources of the Department of Public Safety and
26 Corrections in the production of food, fiber, and other necessary items used by offenders in
27 order to lower the cost of incarceration; provides products and services to state agencies
28 and agencies of parishes, municipalities, and other political subdivisions; and provides work
29 opportunities for offenders.  Prison Enterprises conducts both industry operations and
30 agriculture operations.
31 TOTAL EXPENDITURES	$33,763,220$34,484,007
32 MEANS OF FINANCE:
33 State General Fund by:
34 Interagency Transfers	$24,933,479$25,447,628
35 Fees & Self-generated Revenues $ 8,829,741$ 9,036,379
36 TOTAL MEANS OF FINANCING $33,763,220$34,484,007
37 21-815  OFFICE OF TECHNOLOGY SERVICES
38 EXPENDITURES:	FY 22 EOB FY 23 REC
39 Technology Services - 
40 Authorized Positions 	(828) (828)
41 Authorized Other Charges Positions 	(9) (9)
42 Expenditures	$525,667,324$670,082,509
43 Program Description:  The mission of the Office of Technology Services (OTS) is to
44 establish competitive, cost-effective technology systems and services while acting as the sole
45 centralized customer for the acquisition, billing and record keeping of those technology
Page 5 of 9 HB NO. 465	ENROLLED
1 services. OTS shall charge respective user agencies for the cost of the technology and
2 services provided including the cost of the operation of the office in a fair, equitable, and
3 consistent manner, in full compliance with State of Louisiana statutes.
4 TOTAL EXPENDITURES	$525,667,324$670,082,509
5 MEANS OF FINANCE:
6 State General Fund by:
7 Interagency Transfers	$524,148,851$668,564,036
8 The allocations listed below are provided for informational purposes only and shall not be
9 construed to limit the expenditures or means of financing of the Office of Technology
10 Services.
11 Executive Department	$50,528,314
12 Department of Transportation and Development	$32,108,983
13 Department of Public Safety and Corrections- Corrections Services$11,477,406
14 Department of Public Safety and Corrections- Public Safety Services$53,964,933
15 Department of Public Safety and Corrections- Youth Services$ 9,237,870
16 Louisiana Department of Health	$263,663,085
17 Department of Children and Family Services	$94,155,277
18 Department of Revenue	$29,770,915
19 Louisiana Workforce Commission	$27,830,125
20 Department of  Education	$34,973,882
21 Remaining State Agencies	$60,853,246
22 Total Interagency Transfers	$668,564,036
23 Fees & Self-generated Revenues $ 1,518,473$ 1,518,473
24 Production Support Services to local and other 
25 governmental entities	$ 255,878
26 Telecommunications Services to local and other
27 governmental entities	$ 403,408
28 IT Support Services to local and other 
29 governmental entities	$ 859,187
30 Total Fees & Self-generated Revenues	$ 1,518,473
31 TOTAL MEANS OF FINANCING $525,667,324$670,082,509
32 BY EXPENDITURE CATEGORY:
33 Personal Services	$101,336,565
34 Operating Expenses	$204,966,990
35 Professional Services	$302,124,033
36 Other Charges	$52,083,104
37 Acquisitions and Major Repairs	$ 9,571,817
38 TOTAL BY EXPENDITURE CATEGORY	$670,082,509
39 Payable out of State General Fund
40 by Interagency Transfers from the
41 Department of Education to the
42 Technology Services Program for the
43 purchase of IT equipment and software
44 as authorized through Emergency
45 Assistance for Non-Public Schools	$24,000,000
46 21-816  DIVISION OF ADMINISTRATIVE LAW
47 EXPENDITURES:	FY 22 EOB FY 23 REC
48 Administration - 
49 Authorized Positions 	(58) (58)
50 Expenditures	$ 8,643,902$ 9,829,286
Page 6 of 9 HB NO. 465	ENROLLED
1 Program Description:  Provides a neutral forum for handling administrative hearings for
2 certain state agencies, with respect for the dignity of individuals and their due process
3 rights.
4 TOTAL EXPENDITURES	$ 8,643,902$ 9,829,286
5 MEANS OF FINANCE:
6 State General Fund by:
7 Interagency Transfers	$ 8,615,005$ 9,800,389
8 Fees & Self-generated Revenues $ 28,897$ 28,897
9 TOTAL MEANS OF FINANCING $ 8,643,902$ 9,829,286
10 21-820  OFFICE OF STATE PROCUREMENT
11 EXPENDITURES:	FY 22 EOB FY 23 REC
12 Office of State Procurement - 
13 Authorized Positions 	(99) (99)
14 Expenditures	$12,255,821$12,873,418
15 Program Description: The mission of the Office of State Procurement is to provide cost-
16 effective services that satisfy the needs of approved governmental units of the State of
17 Louisiana through the management of products and services.
18 TOTAL EXPENDITURES	$12,255,821$12,873,418
19 MEANS OF FINANCE:
20 State General Fund by:
21 Interagency Transfers	$ 5,675,334$ 4,920,576
22 Fees & Self-generated Revenues $ 6,580,487$ 7,952,842
23 TOTAL MEANS OF FINANCING $12,255,821$12,873,418
24 21-829  OFFICE OF AIRCRAFT SERVICES
25 EXPENDITURES:	FY 22 EOB FY 23 REC
26 Flight Maintenance - 
27 Authorized Positions 	(3) (4)
28 Expenditures	$ 2,303,789$ 2,324,065
29 Program Description:  The mission of the Office of Aircraft Services is to manage the
30 overall maintenance and provide all needed and required support for safe, proper, and
31 economic operation of the State’s various aircraft.  Flight Maintenance Operations ensures
32 flight safety, maintains high safety standards while minimizing aircraft downtime for repairs,
33 and provides high quality, efficient, and economical repair and fueling services for state-
34 operated aircraft.
35 TOTAL EXPENDITURES	$ 2,303,789$ 2,324,065
36 MEANS OF FINANCE:
37 State General Fund by:
38 Interagency Transfers	$ 2,124,574$ 2,144,850
39 Fees & Self-generated Revenues $ 179,215$ 179,215
40 TOTAL MEANS OF FINANCING $ 2,303,789$ 2,324,065
41 21-860 ENVIRONMENTAL STATE REVOLVING LOAN FUNDS
42 EXPENDITURES:	FY 22 EOB FY 23 REC
43 Environmental State Revolving Loan Funds $125,350,000$125,350,000
Page 7 of 9 HB NO. 465	ENROLLED
1 Program Description:  Helps individual citizens and local governments participate in
2 environmental programs by assisting municipalities to finance and construct wastewater
3 treatment works.  The Clean Water State Revolving Fund is used by the Department of
4 Environmental Quality to assist recipients of Environmental Protection Agency and
5 construction grants in providing project inspection, construction management, and overall
6 program management services, required for the completion of the Environmental Protection
7 Agency program, as outlined in the management grant.  Regional meetings are held in the
8 state’s eight planning districts with one-on-one follow-up meetings to make municipalities
9 more aware of the program’s benefits and requirements.  The Brownfields Cleanup
10 Revolving Loan Fund strives to uphold Comprehensive Environmental Response,
11 Compensation, and Liability Act (CERCLA) Section 104(k) to protect the health and welfare
12 of the citizens of the state, as well as to enhance the environment of the state by
13 administering the Brownfields Cleanup Revolving Loan Fund.
14 TOTAL EXPENDITURES	$125,350,000$125,350,000
15 MEANS OF FINANCE:
16 State General Fund by:
17 Statutory Dedications:
18 Clean Water State Revolving Fund $125,000,000$125,000,000
19 Brownfields Cleanup Revolving 
20      Loan Fund	$ 350,000$ 350,000
21 TOTAL MEANS OF FINANCING $125,350,000$125,350,000
22 Payable out of the State General Fund by 
23 Statutory Dedications out of the Matching Funds
24 Fund to the Environmental State Revolving Loan 
25 Funds Program to use as state match for the 
26 Clean Water State Revolving Fund allocations found 
27 in the federal Infrastructure Investment and Jobs Act,
28 in the event that House Bill No. 406 of the 2022
29 Regular Session of the Legislature is enacted into law $ 4,256,600
30 Payable out of Federal Funds
31 to the Environmental State
32 Revolving Loan Funds Program
33 for municipalities to improve storm
34 water management to address sewer
35 overflows and reduce pollution	$         1,169,000
36 21-861 DRINKING WATER REVOLVING LOAN FUND
37 EXPENDITURES:	FY 22 EOB FY 23 REC
38 Drinking Water Revolving Loan Fund $47,988,458$47,988,458
39 Program Description:  Assist public water systems in financing needed drinking water
40 infrastructure improvements (e.g. treatment plant, distribution main replacement, storage
41 facilities, new wells).  The Drinking Water Revolving Loan Fund provides assistance in the
42 form of low-interest loans and technical assistance to public water systems in Louisiana to
43 assist them with complying with state and federal drinking water regulations, ensuring that
44 their customers are provided with safe drinking water thereby protecting the public health.
45 TOTAL EXPENDITURES	$47,988,458$47,988,458
46 MEANS OF FINANCE:
47 State General Fund by:
48 Statutory Dedication:
49 Drinking Water Revolving Loan Fund $47,988,458$47,988,458
50 TOTAL MEANS OF FINANCING $47,988,458$47,988,458
Page 8 of 9 HB NO. 465	ENROLLED
1 Payable out of the State General Fund by Statutory
2 Dedications out of the Matching Funds Fund to the 
3 Drinking Water Revolving Loan Fund Program to
4 use as state match for the Drinking Water Revolving
5 Loan Fund allocations found in the federal 
6 Infrastructure Investment and Jobs Act, in the event
7 that House Bill No. 406 of the 2022 Regular Session
8 of the Legislature is enacted into law	$ 2,693,000
9 Section 10.  This Act shall become effective on July 1, 2022.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
Page 9 of 9