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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.