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Joint Legislative
Committee on the Budget
Requirements (HB1 et al.)
Throughout Act 13, there are several appropriations which are
contingent upon Joint Legislative Committee on the Budget (JLCB)
approval. When warranted, notification to, submission of reports
to, and/or review from the Joint Legislative Committee on the
Budget may be necessary from departments and/or the Division of
Administration to be in compliance with Act 13. While some of the
requirements are customary to Joint Legislative Committee on the
Budget procedures, others are new requirements giving the Joint
Legislative Committee on the Budget greater control over state
fiscal matters. The following section lists such matters and
provides page and line numbers in Act 13 for reference.
In addition to requirements in Act 13 by the Joint Legislative
Committee on the Budget, there were several pieces of legislation
enacted during the 2002 Regular and Extraordinary Sessions of the
Legislature which also require action by the Joint Legislative
Committee on the Budget. Attached to this document is a listing of
all instruments requiring the committee's attention.
Preamble
Page 1, lines 13 and 22
Section 2. All money from federal, interagency, statutory
dedication, or self- generated revenues shall be available for
expenditure in the amounts herein appropriated. Any increase in
such revenues shall be available for allotment and expenditure by
an agency on approval of an increase in the appropriation by the
commissioner of administration and the Joint Legislative Committee
on the Budget. Any increase in such revenues for an agency without
an appropriation from the respective revenue source shall be
incorporated into the agency's appropriation on approval of the
commissioner of administration and the Joint Legislative Committee
on the Budget. In the event that these revenues should be less
than the amount appropriated, the appropriation shall be reduced
accordingly. To the extent that such funds were included in the
budget on a matching basis with state funds, a corresponding
decrease in the state matching funds may be made. Any federal
funds which are classified as disaster or emergency may be
expended prior to approval of a BA-7 by the Joint Legislative
Committee on the Budget upon the secretary's certifying to the
governor that any delay would be detrimental to the state. The
Joint Legislative Committee on the Budget shall be notified in
writing of such declaration and shall meet to consider such
action, but if it is found by the committee that such funds were
not needed for an emergency expenditure, such approval may be
withdrawn and any balance remaining shall not be expended.
Page 2, line 9
Section 3. Notwithstanding any other law to the contrary, the
functions of any department, agency, program, or budget unit of
the executive branch, except functions in departments, agencies,
programs, or budget units of other statewide elected officials,
may be transferred to a different department, agency, program, or
budget unit for the purpose of economizing the operations of state
government by executive order of the governor. Provided, however,
that each such transfer must, prior to implementation, be approved
by the commissioner of administration and Joint Legislative
Committee on the Budget. Further, provided that no transfers
pursuant to this Section shall violate the provisions of Title 36,
Organization of the Executive Branch of State Government.
Page 3, lines 5 and 8
Section 4. Unless expressly provided in this Act, funds cannot
be transferred between departments or schedules receiving
appropriations. However, any unencumbered funds which accrue to an
appropriation within a department or schedule of this Act due to
policy, programmatic, or cost-saving/avoidance measures may, upon
approval by the commissioner of administration and the Joint
Legislative Committee on the Budget, be transferred to any other
appropriation within that same department or schedule. Each
request for the transfer of funds pursuant to this Section shall
include full written justification. The commissioner of
administration, upon approval by the Joint Legislative Committee
on the Budget, shall have the authority to transfer between
departments funds associated with lease agreements between the
state and the Office Facilities Corporation.
Page 4, line 4
(3) The number of authorized positions approved in this Act for
each department, agency, or program may also be increased by the
commissioner of administration when sufficient documentation of
other necessary adjustments is presented and the request is deemed
valid. The total number of such positions so approved by the
commissioner of administration may not be increases in excess of
three hundred fifty. However, any request which reflects an annual
aggregate increase in excess of twenty-five positions for any
department, agency, or program must also be approved by the Joint
Legislative Committee on the Budget.
Page 4, line 13
(6) The commission of administration, upon approval of the
Joint Legislative Committee on the Budget, shall have the
authority to transfer positions between departments, agencies, or
programs or to increase or decrease positions and associated
funding necessary to effectuate such transfers.
Page 7, lines 15 through 17 and 19, 22, and 24
Section 14. All BA-7 budget transactions, including relevant
changes to performance information, submitted in accordance with
this Act or any other provisions of law which require approval by
the Joint Legislative Committee on the Budget or joint approval by
the commissioner of administration and the Joint Legislative
Committee on the Budget shall be submitted to the commissioner of
administration, Joint Legislative Committee on the Budget and
Legislative Fiscal Office a minimum of sixteen working days prior
to consideration by the Joint Legislative Committee on the Budget.
Each submission must include full justification of the transaction
requested but submission in accordance with this deadline shall
not be the sole determinant of whether the item is actually placed
on the agenda for a hearing by the Joint Legislative Committee on
the Budget. Transactions not submitted in accordance with the
provisions of this Section shall only be considered by the
commissioner of administration and Joint Legislative Committee on
the Budget when extreme circumstances requiring immediate action
exist.
Page 8, line 25
B.(1) No funds appropriated in this Act shall be transferred to
a public or quasi public agency or entity which is not a budget
unit of the state unless the intended recipient of those funds
presents a comprehensive budget to the legislative auditor and the
transferring agency showing all anticipated uses of the
appropriation, an estimate of the duration of the project, and a
plan showing specific goals and objectives for the use of such
funds, including measures of performance. In addition, and prior
to making such expenditure, the transferring agency shall require
each recipient to agree in writing to provide written reports to
the transferring agency at least every six months concerning the
use of the funds and the specific goals and objectives for the use
of the funds. In the event the transferring agency determines that
the recipient failed to use the funds set forth in its budget
within the estimated duration of the project or failed to
reasonably achieve its specific goals and objectives for the use
of the funds, the transferring agency shall demand that any
unexpended funds be returned to the state treasury unless approval
to retain the funds is obtained from the division of
administration and the Joint Legislative Committee on the Budget.
Each recipient shall be audited in accordance with R.S. 24:513. If
the amount of the public funds received by the provider is below
the amount for which an audit is required under R.S. 24:513, the
transferring agency shall monitor and evaluate the use of the
funds to ensure effective achievement of the goals and objectives.
Page 10, line 10
E. Any unexpended or unencumbered reward monies received by any
state agency during Fiscal Year 2001-2002 pursuant to the
Exceptional Performance and Gainsharing Incentive Program may be
carried forward for expenditure in Fiscal Year 2002-2003, in
accordance with the respective resolution granting the reward. The
commissioner of administration shall implement any internal
budgetary adjustments necessary to effectuate incorporation of
these monies into the respective agencies' budgets for Fiscal Year
2002-2003, and shall provide a summary list of all such
adjustments to the Performance Review Subcommittee of the Joint
Legislative Committee on the Budget by September 15, 2002.
Louisiana Stadium and
Exposition District
Page 22, line 49
Payable out of the State General Fund by Fees and
Self-generated Revenues for expenses related to the operations of
the Superdome and the New Orleans Arena $ 4,216,100
Provided, however, that of the $4,216,100 appropriated above,
no funds shall be expended without prior approval from the Joint
Legislative Committee on the Budget.
Department of Economic
Development
Page 56, line 27
Payable out of the State General Fund (Direct) to the Business
Services Program for the establishment of a South Louisiana
Council Technology Center on the Nicholls State University Campus,
in the event that the Department of Economic Development certifies
to the commissioner of administration and the Joint Legislative
Committee on the Budget the commitment of $500,000 from the
private sector and $1,000,000 in federal funds $ 500,000
Department of Public Safety
Page 98, line 16
Payable out of the State General Fund (Direct) for operations
of the State Crime Laboratory, provided, however, that none of the
funding appropriated herein shall be used for costs not directly
related with the State Crime Laboratory; the Department of Public
Safety and Corrections shall also develop a plan for equitable
distribution of the funds appropriated herein to crime
laboratories in the state and said plan shall be submitted to the
Joint Legislative Committee on the Budget for its review and
approval $ 1,000,000
Department of Health and
Hospitals
Page 104, lines 31, 46, 51 and 52
For Fiscal Year 2002-2003, cash generated by each budget unit
within Schedule 09 may be pooled with any other budget unit within
Schedule 09 to avoid a cash deficit. No budget unit may expend
more revenues than are appropriated to it in this Act except upon
the approval of the Division of Administration and the Joint
Legislative Committee on the Budget, or as may otherwise be
provided for by law.
The secretary shall implement reductions in the Medicaid
program as necessary to control expenditures to the level approved
in this Schedule. Notwithstanding any law to the contrary, the
secretary is hereby directed to utilize various cost-containment
measures to accomplish these reductions, including but not limited
to precertification, preadmission screening, diversion, fraud
control and utilization review, and other measures as allowed by
federal law. Notwithstanding any law to the contrary and
specifically R.S. 39:82(E), for Fiscal Year 2002-2003 any
over-collected funds, including interagency transfers, fees and
self-generated revenues, federal funds, and surplus statutory
dedicated funds generated and collected by any agency in Schedule
09 during Fiscal Year 2001-2002 may be carried forward and
expended in Fiscal Year 2002-2003 in the Medical Vendor Program.
Revenues from refunds and recoveries in the Medical Vendor Program
are authorized to be expended in Fiscal Year 2002-2003. No such
carried forward funds, which are in excess of those appropriated
in this Act, may be expended without the express approval of the
Division of Administration and the Joint Legislative Committee on
the Budget.
Notwithstanding any law to the contrary, the secretary of the
Department of Health and Hospitals may transfer up to twenty-five
(25) authorized positions within Schedule 09 from one budget unit
to any other budget unit within the department except that not
more than an aggregate of 100 positions may be transferred between
budget units without the approval of the Commissioner of
Administration and the Joint Legislative Committee on the Budget.
The secretary shall provide written notice to the Joint
Legislative Committee on the Budget of any positions transferred
between budget units for which approval by the committee is not
necessary.
Page 105, lines 12,15, 21, 26, 30, 39, and 46
In the event this Act provides for increases or decreases in
funds for agencies within Schedule 09 which would impact services
provided by 09-300 (Jefferson Parish Human Services Authority) and
09-302 (Capital Area Human Services District), the commissioner of
administration is authorized to transfer funds on a pro rata basis
within the budget units contained in Schedule 09 in order to
effect such changes. The commissioner shall provide written
documentation of all such transfers approved after the initial
notifications of the appropriation to the Joint Legislative
Committee on the Budget.
Provided, however, that the department shall submit a plan
detailing the programmatic allocations of appropriations for the
Medical Vendor Program in this Act to the Joint Legislative
Committee on the Budget for its review no later than September 1,
2002, and monthly thereafter. The report shall present a detailed
account of actual Medical Vendor Program expenditures for Fiscal
Year 2001-2002 from schedule 09-306; this report shall include the
department's most recent projection of comparable Medical Vendor
Program expenditures for Fiscal Year 2002-2003.
Provided, however, that by October 15, 2002, the assistant
secretary for the Office of Mental Health shall submit a report to
the Joint Legislative Committee on the Budget reflecting a
detailed plan for redirecting child and adolescent mental health
services from inpatient care provided through state facilities to
community-based mental health services, and he shall report
quarterly thereafter on the implementation of such plan.
The secretary, shall with the concurrence of the commissioner
of administration and the Joint Legislative Committee on the
Budget, shall have the authority to consolidate the patient Care
and Community Support programs in the state developmental centers
when such consolidation supports the transfer of residents in
intermediate care facilities with sixteen or more beds to
appropriate placements that utilize home or community-based care
services, or increase family and provider capacity to maintain
persons with complex medical or behavioral needs in a community
setting.
Provided, however, that the performance data which coincides
with the appropriations contained herein for 09-331, 09-332, and
09-333 shall be submitted no later than August 15, 2002 by the
assistant secretary for the Office of Mental Health to the
commissioner of administration and the Performance Review
Committee of the Joint Legislative Committee on the Budget for
approval and incorporation into the Fiscal Year 2002-2003 budget.
All key and supporting objectives, performance indicators and
performance standards for Fiscal Year 2002-2003 shall be included
in this submission.
The secretary is authorized to fully implement the Nursing Home
Intergovernmental Transfer Program as authorized by R.S. 46:2692
and in accordance with the Cooperative Endeavor Agreements between
DHH and the qualifying nursing facilities. The department shall
submit a written report to the Intergovernmental Transfer
Subcommittee of the Joint Legislative Committee on the Budget
after each quarterly intergovernmental transfer.
Page 118, line 44
Provided, further, that prior to making the supplemental
payments authorized herein, the secretary of the department shall
submit a plan for the distribution of the supplemental payment to
the Joint Legislative Committee on the Budget for approval.
Page 119, line 40
EXPENDITURES: Payments to Private Providers - For up to 325
additional MR/DD waiver slots and for the development and
implementation of a
new waiver, such as an adult capped expenditure waiver program
or one of the Independence Plus waiver programs not to exceed 100
slots $6,113,384
TOTAL EXPENDITURES $6,113,384
MEANS OF FINANCE: State General Fund by: Statutory Dedications:
Louisiana Medical Assistance Trust Fund $1,770,436 Federal Funds
$4,342,948
TOTAL MEANS OF FINANCE $6,113,384
Provided, however, that prior to enrolling persons in this new
waiver program, the secretary shall submit a detailed programmatic
plan with cost projections for at least three fiscal years to the
Joint Legislative Committee on the Budget for review and approval.
Page 122, line 34
Provided, however, that no funds appropriated for Medical
Vendor Payments herein shall be used to expand the number of
funded MR/DD Waiver slots beyond 4,251 slots without the approval
of the Joint Legislative Committee on the Budget.
Department of Social Services
Page 180, lines 22 and 29
These funds shall be expended in accordance with an
implementation plan, which provides for geographically balanced
distributions, needs assessment, program evaluation
recommendations, and encourages the use of faith-based and
community-based collaborative in the implementation of new
initiatives and existing initiatives. Such implementation plan
shall be approved by the Division of Administration no later than
August 1, 2002 and the Joint Legislative Committee on the Budget
at the earliest opportunity after approval of Implementation Plan
from the Division of Administration. The Division of
Administration in collaboration with the Department of Social
Services shall report quarterly to the Joint Legislative Committee
on the Budget regarding the status. The Department of Social
Services shall provide the Division of Administration Federal
reporting form titled ACF-196, which accounts for the Temporary
Assistance to Needy Families Block Grant expenditures, on a
quarterly basis prior to federal submission deadline for joint
approval. A copy of approved ACF-196 shall be submitted to the
Joint Legislative Committee on the Budget prior to federal
submission deadline.
Louisiana State University
Board of Supervisors
Page 220, line 40
Out of the funds appropriated herein to the LSU Board of
Supervisors, the following amounts shall be allocated to each
higher education institution. The State General Fund and Total
Financing allocation shall only be changed upon approval of the
Joint Legislative Committee on the Budget.
Southern University Board
of Supervisors
Page 233, line 40
Out of the funds appropriated herein to the Southern University
Board of Supervisors, the following amounts shall be allocated to
each higher education institution. The State General Fund and
Total Financing allocation shall only be changed upon approval of
the Joint Legislative Committee on the Budget.
University of Louisiana
Board of Supervisors
Page 241, line 4
Out of the funds appropriated herein to the University of
Louisiana Board of Supervisors (ULS), the following amounts shall
be allocated to each higher education institution. The State
General Fund and Total Financing allocation shall only be changed
upon approval of the Joint Legislative Committee on the Budget.
Louisiana Community and
Technical Colleges
Board of Supervisors
Page 251, line 15
Out of the funds appropriated herein to the Board of
Supervisors of Community and Technical Colleges, the following
amounts shall be allocated to each higher education institution.
The State General Fund and Total Financing allocation shall only
be changed upon approval of the Joint Legislative Committee on the
Budget.
Department of Education
Page 280, line 42
Provided, however, that a complete expenditure plan along with
objectives and performance indicators related to these Federal
Funds from the "No Child Left Behind Act of 2001" (NCLB
Act) Public Law 107-110 shall be submitted by the Department of
Education no later than October 1, 2002 for approval by the
Commissioner of Administration and the Joint Legislative Committee
on the Budget.
Page 284, line 35
Objectives and performance indicators related to "No Child
Left Behind Act of 2001" (NCLB Act) Public Law 107-110 shall
be submitted by the Department of Education no later than August
15, 2002, for approval by the commissioner of administration and
the Joint Legislative Committee on the Budget.
Page 285, line 47
Provided, however, that of the State General Fund (Direct)
appropriated for Type 2 Charter Schools, the amount of $16,520,203
is to be allocated to existing Type 2 Charter Schools. After
allocations are made for existing Type 2 Charter Schools and funds
are available, the Board of Elementary and Secondary Education may
make allocations to other approved Type 2 Charter Schools, subject
to review and revision by the Joint Legislative Committee on the
Budget.
Page 286, line 20
Provided, however, that a complete expenditure plan along with
objectives and performance indicators related to these Federal
Funds from the "No Child Left Behind Act of 2001" (NCLB
Act) Public Law 107-110 shall be submitted by the Department of
Education no later than October 1, 2002 for approval by the
Commissioner of Administration and the Joint Legislative Committee
on the Budget.
Page 288, line 52
If a student reported in the October 1, 2001 MFP student Count
transfers to a Type 2 Charter School as of October 1, 2002 for
whom funding is contained in the appropriation herein, the
commission of administration is authorized, with the approval of
the Joint Legislative Committee on the Budget, to transfer the
state pupil amount for that student to Subgrantee Assistance for
Type 2 Charter Schools.
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