2019 Governmental Seminar November 14, 2019 a s s u r a n c e - - - PDF document

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2019 Governmental Seminar November 14, 2019 a s s u r a n c e - - - PDF document

2019 Governmental Seminar November 14, 2019 2019 Governmental Seminar November 14, 2019 a s s u r a n c e - c o n s u l t i n g - t a x - t e c h n o l o g y - p n c p a . c o m Postlethwaite & Netterville, A Professional


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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 1

a s s u r a n c e - c o n s u l t i n g - t a x - t e c h n o l o g y - p n c p a . c o m

Postlethwaite & Netterville, A Professional Accounting Corporation

2019 Governmental Seminar

November 14, 2019

Welcome!

www.pncpa.com/events

www.pncpa.com/events

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 2

Agenda

3

4

State Economic & Revenue Outlook

Greg Albrecht Chief Economist Legislative Fiscal Office

2019 Governmental Seminar November 14, 2019

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 3

Source: U.S. Dept. of Labor, LA Legislative Fiscal Office 5

State Employment Levels: Better than Aug’16 trough, but just barely

1,200.0 1,225.0 1,250.0 1,275.0 1,300.0 1,325.0 1,350.0 1,375.0 1,400.0 1,425.0 1,450.0 1,475.0 1,500.0 1,525.0 1,550.0 1,575.0 1,600.0 1,625.0 1,650.0 1,675.0 1,700.0 1,725.0 1,750.0 1,775.0 1,800.0 1,825.0 1,850.0 1,875.0 1,900.0 1,925.0 1,950.0 1,975.0 2,000.0 2,025.0 2,050.0 2,075.0 2,100.0 2,125.0 2,150.0 2,175.0 2,200.0 2,225.0 2,250.0 2,275.0 2,300.0 Jan‐08 A pr‐08 Jul‐08 O ct‐08 Jan‐09 A pr‐09 Jul‐09 O ct‐09 Jan‐10 A pr‐10 Jul‐10 O ct‐10 Jan‐11 A pr‐11 Jul‐11 O ct‐11 Jan‐12 A pr‐12 Jul‐12 O ct‐12 Jan‐13 A pr‐13 Jul‐13 O ct‐13 Jan‐14 A pr‐14 Jul‐14 O ct‐14 Jan‐15 A pr‐15 Jul‐15 O ct‐15 Jan‐16 A pr‐16 Jul‐16 O ct‐16 Jan‐17 A pr‐17 Jul‐17 O ct‐17 Jan‐18 A pr‐18 Jul‐18 O ct‐18 Jan‐19 A pr‐19 Jul‐19 U.S. Recession LA_EstEmp_sa LA_CLF_sa LA_HHEmp_sa LA_Priv_sa LA AGGREGATE EMPLOYMENT CONCEPTS: LEVELS Labor Force and Employment ( Establishment & Household) Monthly Observations, Seasonally Adjusted ( sa)

From Jan'08 National Recession Start Employm ent: Household Survey Payroll Total Emp: Establishment -Based Civilian Labor Force: Household Survey Data through Sep( p) '19 Payroll Private Em p: Establishm ent - Based LA Expansion Peak Dec'14, 1.677 m ( + 17 1k) ~ 2.5% Ann Gr LA Recession Trough Aug'16, 1.637 m ( -40k) LA Expansion Peak Dec'14, 2.007 m ( + 131k) ~ 1.75% Ann Gr LA Recession Trough Aug'16, 1.965 m ( -42k) LA Recession Trough Feb'10, 1.506 m ( -70k) LA Recession Trough Feb'10, 1.876 m ( -68k) LA Sep'19 1.666 m ( + 29k ) ~ 0.6% Ann Gr LA Sep'19 2.003 m ( + 38k ) ~ 0.6% Ann Gr

Source: U.S. Dept. of Labor, LA Legislative Fiscal Office 6

State Employment Growth: Take out Construction, and growth not as weak (black bars)

‐4.00% ‐3.50% ‐3.00% ‐2.50% ‐2.00% ‐1.50% ‐1.00% ‐0.50% 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% 3.00% 3.50% Sep‐11 Dec‐11 Mar‐12 Jun‐12 Sep‐12 Dec‐12 Mar‐13 Jun‐13 Sep‐13 Dec‐13 Mar‐14 Jun‐14 Sep‐14 Dec‐14 Mar‐15 Jun‐15 Sep‐15 Dec‐15 Mar‐16 Jun‐16 Sep‐16 Dec‐16 Mar‐17 Jun‐17 Sep‐17 Dec‐17 Mar‐18 Jun‐18 Sep‐18 Dec‐18 Mar‐19 Jun‐19 Sep‐19

Establishment (payroll) Employment: Yr‐over‐Yr % Growth

Total (blue), Private (red), Government (green)

monthly observations, seasonally adjusted Sept(p)'19 LA_EstEmp_sa LA_Priv_sa LA_Gov_sa LA_Emp‐Cons

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 4

Source: U. S. Dept. of Labor, LA Legislative Fiscal Office 7

State Unemployment Rate: Near historical low, but back to historical position > U.S. & South

2.0 2.3 2.5 2.8 3.0 3.3 3.5 3.8 4.0 4.3 4.5 4.8 5.0 5.3 5.5 5.8 6.0 6.3 6.5 6.8 7.0 7.3 7.5 7.8 8.0 8.3 8.5 8.8 9.0 9.3 9.5 9.8 10.0 10.3 10.5 10.8 11.0 11.3 11.5 11.8 12.0 12.3 12.5 12.8 13.0 Jan‐76 Aug‐76 Mar‐77 Oct‐77 May‐78 Dec‐78 Jul‐79 Feb‐80 Sep‐80 Apr‐81 Nov‐81 Jun‐82 Jan‐83 Aug‐83 Mar‐84 Oct‐84 May‐85 Dec‐85 Jul‐86 Feb‐87 Sep‐87 Apr‐88 Nov‐88 Jun‐89 Jan‐90 Aug‐90 Mar‐91 Oct‐91 May‐92 Dec‐92 Jul‐93 Feb‐94 Sep‐94 Apr‐95 Nov‐95 Jun‐96 Jan‐97 Aug‐97 Mar‐98 Oct‐98 May‐99 Dec‐99 Jul‐00 Feb‐01 Sep‐01 Apr‐02 Nov‐02 Jun‐03 Jan‐04 Aug‐04 Mar‐05 Oct‐05 May‐06 Dec‐06 Jul‐07 Feb‐08 Sep‐08 Apr‐09 Nov‐09 Jun‐10 Jan‐11 Aug‐11 Mar‐12 Oct‐12 May‐13 Dec‐13 Jul‐14 Feb‐15 Sep‐15 Apr‐16 Nov‐16 Jun‐17 Jan‐18 Aug‐18 Mar‐19

Unemployment Rates: LA, South, and U.S.

Monthly, Seasonally Adjusted (sa) Data through Sep(p) 2019

U.S. Recession US_UnRate_sa LA_UnRate_sa South_Un_sa LA 4.3% SO 3.6% US 3.5%

Source: U.S. Dept. of Labor, LA Legislative Fiscal Office 8

Relative Employment Performance: La lagging from beginning of national recovery but, at first, that was a government downsizing policy decision. Then LA suffers state oil recession 2015‐2016. Climb out from that has been very slow.

98.0 100.0 102.0 104.0 106.0 108.0 110.0 112.0 114.0 116.0 118.0 120.0 122.0 Feb ‐10 May‐10 A ug‐10 Nov‐10 Feb ‐11 May‐11 A ug‐11 Nov‐11 Feb ‐12 May‐12 A ug‐12 Nov‐12 Feb ‐13 May‐13 A ug‐13 Nov‐13 Feb ‐14 May‐14 A ug‐14 Nov‐14 Feb ‐15 May‐15 A ug‐15 Nov‐15 Feb ‐16 May‐16 A ug‐16 Nov‐16 Feb ‐17 May‐17 A ug‐17 Nov‐17 Feb ‐18 May‐18 A ug‐18 Nov‐18 Feb ‐19 May‐19 A ug‐19 Change From Feb 2010

Louisiana Relative Total Payroll Employment Performance

Feb 2010 = 100, Louisiana Employment Trough During National Recession

LAEmp_index USEmp_index SouthEmp_index Last Observation: Sept 2019 LA = 106.2 U.S. = 117.0 South = 119.1 Benchmarked Through Dec 2018 LA = 105.6 U.S. = 115.9 South = 117.5 Gap due to government employment downsizing Then oil recession of 2015‐16 changed LA trajectory completely

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 5

Source: Federal Reserve Bank of Philadelphia, LA Legislative Fiscal Office 9

Philly Fed Coincident Indicators broader than just employment: La lagging from beginning of national recovery. Then suffers state oil recession 2015‐2016. Climb out from that very slow.

{payroll employment, average manufacturing hours worked, unemployment rate, inflation‐adjusted wages & salaries}

100 105 110 115 120 125 130 135 140 145

Feb‐10 Apr‐10 Jun‐10 Aug‐10 Oct‐10 Dec‐10 Feb‐11 Apr‐11 Jun‐11 Aug‐11 Oct‐11 Dec‐11 Feb‐12 Apr‐12 Jun‐12 Aug‐12 Oct‐12 Dec‐12 Feb‐13 Apr‐13 Jun‐13 Aug‐13 Oct‐13 Dec‐13 Feb‐14 Apr‐14 Jun‐14 Aug‐14 Oct‐14 Dec‐14 Feb‐15 Apr‐15 Jun‐15 Aug‐15 Oct‐15 Dec‐15 Feb‐16 Apr‐16 Jun‐16 Aug‐16 Oct‐16 Dec‐16 Feb‐17 Apr‐17 Jun‐17 Aug‐17 Oct‐17 Dec‐17 Feb‐18 Apr‐18 Jun‐18 Aug‐18 Oct‐18 Dec‐18 Feb‐19 Apr‐19 Jun‐19 Aug‐19

Louisiana Relative Coincident Indicator Performance Feb 2010 = 100, Louisiana National Recession Trough

LA US South (ex LA) Last Observation: Sept 2019 U.S. = 133.47 South (ex LA) = 141.11 LA = 110.22

South = U.S. Dept of Labor, Bureau of Labor Statistics Southeast Region: AL, FL, GA, KY, MS, NC, SC, TN, +AK, ‐LA

Source: U.S. Dept. of Labor, LA Legislative Fiscal Office 10

MSA Employment Trends: 5 MSAs pulling state up (68% of emp), 4 + Balance pulling down (32%). Shouldn’t we be doing better? Not so much pulling up, as pulling flat?

0.950 0.955 0.960 0.965 0.970 0.975 0.980 0.985 0.990 0.995 1.000 1.005 1.010 1.015 1.020 1.025 1.030 1.035 1.040 1.045 1.050 1.055 1.060 1.065 1.070 1.075 1.080 1.085 1.090 1.095 1.100 Aug‐16 Sep‐16 Oct‐16 Nov‐16 Dec‐16 Jan‐17 Feb‐17 Mar‐17 Apr‐17 May‐17 Jun‐17 Jul‐17 Aug‐17 Sep‐17 Oct‐17 Nov‐17 Dec‐17 Jan‐18 Feb‐18 Mar‐18 Apr‐18 May‐18 Jun‐18 Jul‐18 Aug‐18 Sep‐18 Oct‐18 Nov‐18 Dec‐18 Jan‐19 Feb‐19 Mar‐19 Apr‐19 May‐19 Jun‐19 Jul‐19 Aug‐19 Sep‐19

MSA Total Payroll Employment Growth, sa Aug'16 = 1, Statewide Trough Last Observation Sep'19

State ALX BTR HAM HMA LAF LKC MON NO S/B Balance

LKC BTR STATE S/B Bal LAF HMA ALX NO MON HAM 3.1% 20.7% 2.3% 4.3% 10.3% 6% 4% 29.4% 9.1% 10.9% Shares as

  • f Dec'18
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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 6

Source: LA Legislative Fiscal Office 11

State tax revenue history and outlook. FY20 – FY23 likely to be revised up in next few months.

12 FY19 general fund revenue excess from personal income tax and corporate income & franchise taxes. Federal tax law changes (personal & corporate income), state tax law changes (corporate). Same Story for FY18. The FY19 general fund budget surplus reported as $534M, after all revenue and expenditure items are combined. Source: LA Legislative Fiscal Office

$ Contribution % Significant General Fund Contributors to the FY18 Forecast Balance Positives are under‐forecasts; Negatives are over‐forecasts 127,610,853 $ 26.7% Corporate Income & Franchise Tax Various state legis actions since 2015 189,686,284 $ 5.8% Individual Income tax Federal tax law changes; greater w/holds than expected $317,297,137 > than total bottom line error means all other are net negative FY18 per inc gr only ~2.5%, wages/salaries ~1.1% contributors 306,013,089 $ 3.1% 1% General Fund worth: 98,944,131 $ General Fund 2.6% 1% Total Tax worth: 123,813,115 $ Total Tax

$ Contribution % from Fcst Significant Contributors to the FY19 State General Fund Forecast Balance Positives are under‐forecasts; Negatives are over‐forecasts 230,518,311 $ 36.6% Corporate Income & Franchise Tax Fed tax law changes, state legis actions since 2015 274,165,145 $ 7.4% Individual Income tax Fed tax law changes $504,683,456 nearly = the total bottom line excess means all others combined are nearly net zero contributors 5,705,347 $ 0.2% Sales Tax, General Rate cut by 0.55 % pt; accurately forecast 7,381,371 $ 1.6% Sales Tax, Vehicle Rate cut by 0.55 % pt; accurately forecast 10,438,564 $ 2.0% Severance Tax Higher oil prices, production improvements 14,521,378 $ 8.0% Royalties Higher oil prices, production improvements $24,959,942 (7,300,000) $ ‐48.7% Unclaimed Property Treasury refuses to transfer net receipts to general fund 5,133,099 $ 83.7% General Fund Earnings Earnings net of dedication allocations normalizing (22,625,449) $ ‐2.5% Excise License Tax (tax on insurance premiums) Medicaid expansion, tax increases, ambulance additions (30,833,516) $ All Other (Total Tax and Dedications of those taxes) 487,104,250 $ 4.9% 1% error equals: $100,409,042 General Fund 4.0% 1% error equals: $126,399,453 Total Tax

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 7

Source: Division of Administration, Legislative Fiscal Office 13

No more talk of fiscal cliffs. FY20 budget is balanced, and FYs beyond are typical gaps.

FIVE YEAR BASE LINE PROJECTION STATE GENERAL FUND SUMMARY APPROPRIATED

Prior Current Projected Projected Projected Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year REVENUES: 2018‐2019 2019‐2020 2020‐2021 2021‐2022 2022‐2023 Taxes, Licenses & Fees $12,134,900,000 $12,354,400,000 $12,576,200,000 $12,882,900,000 $13,165,400,000 Less Dedications ($2,581,100,000) ($2,629,600,000) ($2,532,200,000) ($2,578,000,000) ($2,615,800,000) Act 10 of the 2018 Second Extraordinary Session ‐ Transfer of Funds $53,333,333 $0 $0 $0 $0 TOTAL REC REVENUES (OFFICIAL FORECAST) $9,607,233,333 $9,724,800,000 $10,044,100,000 $10,304,900,000 $10,549,700,000 ANNUAL REC GROWTH RATE 1.22% 3.28% 2.60% 2.38% Other Revenues: Carry Forward Balances $63,664,831 $87,893,442 $0 $0 $0 Utilization of Prior Year Surplus (FY16‐17) $62,951,760 $0 $0 $0 $0 Utilization of Prior Year Surplus (FY17‐18) $30,805,321 $0 $0 $0 $0 Total Other Revenue $157,421,912 $87,893,442 $0 $0 $0 TOTAL REVENUES $9,764,655,245 $9,812,693,442 $10,044,100,000 $10,304,900,000 $10,549,700,000 EXPENDITURES: General Appropriation Bill (Act 10 of 2019 RS) $8,766,758,058 $8,970,450,938 $9,512,715,227 $9,806,226,224 $10,097,050,986 Ancillary Appropriation Bill (Act 40 of 2019 RS) $0 $0 $17,387,034 $21,201,729 $25,149,939 Non‐Appropriated Requirements $512,650,513 $539,966,015 $554,545,733 $566,766,844 $577,407,318 Judicial Appropriation Bill (Act 60 of 2019 RS) $153,530,944 $151,460,091 $155,074,873 $156,969,300 $158,911,087 Legislative Appropriation Bill (Act 70 of 2019 RS) $62,472,956 $62,472,956 $62,481,451 $62,480,987 $62,480,529 Special Acts $0 $0 $9,017,338 $9,017,338 $9,017,338 Capital Outlay Bill (Act 20 of 2019 RS) $398,000 $0 $0 $0 $0 TOTAL ADJUSTED EXPENDITURES (less carryforwards and surplus) $9,495,810,471 $9,724,350,000 $10,311,221,656 $10,622,662,422 $10,930,017,197 ANNUAL ADJUSTED GROWTH RATE 2.41% 6.04% 3.02% 2.89% Other Expenditures: Carryforward BA‐7s Expenditures $63,664,831 $87,893,442 $0 $0 $0 Prior Year Surplus (FY16‐17) Expenditures in Capital Outlay Bill $62,951,760 $0 $0 $0 $0 Prior Year Surplus (FY17‐18) ‐ Retirement Systems Contributions $30,805,321 $0 $0 $0 $0 Supplemental Bill (Act 50 of 2019 RS), Funds Bill (Act 362 of 2019 RS) $111,419,130 $450,000 $0 $0 $0 27th Pay Period occuring in FY22‐23 $0 $0 $0 $0 $70,844,235 Total Other Expenditures $268,841,042 $88,343,442 $0 $0 $70,844,235 TOTAL EXPENDITURES $9,764,651,513 $9,812,693,442 $10,311,221,656 $10,622,662,422 $11,000,861,432 PROJECTED BALANCE $3,732 $0 ($267,121,656) ($317,762,422) ($451,161,432) Oil Prices included in the REC forecast adopted on 4/10/2019. $58.96 $59.15 $60.00 $61.71 $62.17

Source: LA Legislative Fiscal Office 14

We appear to have stabilized our revenue situation with the sales tax at 4.45% for seven years (through FY24/25), and with restraint on tax exemptions & credits. Efforts to repeal the 0.45% levy rebuffed, so far. FY19 closes out with a budget surplus (~$534M) largely from the same revenue sources of personal income tax (federal tax law changes) and corporate taxes (economy, federal and state tax law changes), as in FY18. Revenue forecasts for FY20 and beyond will likely be revised up. Income tax growth should be slow, but at a higher level. Corporate higher, but risky. Sales tax slow. Mineral revenue forecasts might go down. Oil price forecasts ranging in the mid‐$50s rather than the mid‐$60s might be advisable. 2020 session likely to see tax cut bills (allowed to repeal taxes, but not create credits, deductions, exemptions, exclusions – rebates apparently okay. Repeal the 0.45% sales tax levy? Or leave it and cut income and/or corporate taxes. A special session allows for anything included in the call. Fed tax law changes gave us back Stelly (in effect). Bills to provide state deductions for charitable giving, home mortgage interest, tax breaks for other good things? More credits for business spending? Calculated general fund continuation budget gap for FY20/21 currently is the $267M. Revenue forecast upgrades will fill that gap to some degree. The drivers of cost growth haven’t gone away. Inflation, step increases, K‐12 child count growth, Medicaid growth, prisoner growth etc. Higher education refunding? Road/bridge backlog? Round two of teacher pay raises?. What if Affordable Care Act declared unconstitutional? National recession fears are rising. There will always be more demands/needs than resources.

Final comments:

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 8

Source: Legislative Fiscal Office, U.S. Dept of Commerce: Census Bureau and Bureau of Economic Analysis 15

Lagniappe: Size of LA state government ranked among the 50‐states, by spending relative to economy.

State Financing Only: we rank in the bottom to middle third of states. Recently, near the top of the bottom third. State + Federal Financing: we rank in middle third of states. Recently, rising rank, likely due to federal Medicaid.

5 10 15 20 25 30 35 40 45 50 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

La Rank: State Expenditures, and State + Federal as % of GDP

Top Half Bottom Half Bottom Third Middle Third Top Third

a s s u r a n c e - c o n s u l t i n g - t a x - t e c h n o l o g y - p n c p a . c o m

Postlethwaite & Netterville, A Professional Accounting Corporation

Cybersecurity

Geoff Smarada Director – System Engineering

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 9

Agenda

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Defining Cybersecurity

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 10

Defining Cybersecurity

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Data and Assets

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Source 2018 Verizon DBIR

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 11

Threat Actors and Motives

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Source 2018 Verizon DBIR

Recent Attacks

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540 Million 1.3 Million 3.1 Million 885 Million 100 Million August 2019 . State- sponsored Chinese hackers conducted a spear-phishing campaign against employees of three major U.S. utility companies August 2019. Russian hackers were observed using vulnerable IoT devices like a printer, VOIP phone, and video decoder to break into high- value corporate networks April 2019. Pharmaceutical company Bayer announced it had prevented an attack by Chinese hackers targeting sensitive intellectual property. May 2019. Iran developed a network of websites and accounts that were being used to spread false information about the U.S., Israel, and Saudi Arabia.

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 12

WebEOC Incident: 19-020 Cyber Event – Statewide – July 23

ESF‐17 Cybersecurity:

  • Conducting command group conference calls.
  • Activated Louisiana Business EOC on July 25.
  • Holding conference call with all School Superintendents, their IT support leads, and Parish OEP Directors at 3:00 pm on July 29.

Supp ppor

  • rt Person

sonnel – nel – Total: 3 al: 30

  • Sabine: 10 LANG, 1 OTS, 2 Microsoft
  • Hammond: 1 LANG, 1 OTS
  • Morehouse: 13 LANG, 1 OTS
  • GOHSEP: 1 LANG

Cyber Incident ‐ Impact to State (Current Status) Louisiana State of Emergency Declaration Proclamation Number 115 JBE 2019 (7/24/19)

As o

  • f 12

1200 00 7/29/1 29/19

Where to Focus Resources?

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 13

Data on the Internet

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96% (estimated)

Dark Web Services

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Murder for Hire Murder for Hire Drugs Drugs Counterfeits Counterfeits Stolen/Hacked Accounts Stolen/Hacked Accounts Poisons Poisons Social Security #’s Social Security #’s Weapons/Body armor Weapons/Body armor Uranium Uranium

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 14

Where do I Start

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Cybersecurity Analysis Progression

External Pen Test

  • Includes external

Vulnerability Assessment

  • Provides limited insight

to Org. effectiveness

  • Systems reviewed are

limited Technical Vulnerability Assessment

  • Scans internal assets
  • Credentialed scans to

test existing technical safeguards

  • Typically included in IT

Risk Assessment as a part of control testing Cybersecurity Gap Analysis

  • Interrogatory based

review

  • No control testing
  • Analyzed against a

specific control set IT Risk Assessment

  • Framework/Controls

dependent on

  • rganization

requirements

  • Level of testing for

existing controls varies IT Risk Assessment with Compliance Requirements

  • Adds analysis for

specific regulatory requirements

  • Examples include

HIPAA, GDPR, FISMA, PCI, etc.

High Testing of Organizational Maturity Low

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 15

People Make Mistakes

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Source 2018 Verizon DBIR

What can you Do

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 16

What can you Do

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Employee Education and Training

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a.k.a.- Culture

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Postlethwaite & Netterville, A Professional Accounting Corporation

Incident Response

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Incident Response

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Preparation Identification Containment Investigation Eradication Recovery Follow‐ Up/Lessons Learned

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 18

Preparation Steps

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Incident Breach

Use All Resources Available

36

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Postlethwaite & Netterville, A Professional Accounting Corporation

2019 Governmental Accounting and Audit Update

Freddy Smith, CPA, CGMA

Contents

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 20 Effective Dates – for June 30 year-end

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GASB Implementation Timeline

  • 2018
  • Statement 75 – OPEB (employers)
  • Statement 81 – irrevocable split interest agreements
  • Statement 85 – omnibus
  • Statement 86 – certain debt extinguishment issues
  • 2019
  • Statement 83 – certain asset retirement obligations
  • Statement 88 – certain debt disclosures
  • Implementation guide 2018-1
  • 2020
  • Statement 84 – fiduciary activities
  • Statement 90 – major equity interests
  • 2021
  • Statement 87 – leases
  • Statement 89 – interest costs incurred before the end of the construction period
  • 2022
  • Statement 91 – conduit debt obligations

Effective Dates – for December 31 year-end

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GASB Implementation Timeline

  • 2018
  • Statement 75 – OPEB (employers)
  • Statement 85 – Omnibus
  • Statement 86 – Certain debt extinguishment issues
  • 2019
  • Statement 83 – certain asset retirement obligations
  • Statement 84 – fiduciary activities
  • Statement 88 – certain debt disclosures
  • Statement 90 – majority equity interests
  • Implementation guide 2018-1
  • 2020
  • Statement 87 – leases
  • Statement 89 – interest costs incurred before the end of the construction period
  • 2021
  • Statement 91 – conduit debt obligations
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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 21

  • Issues identified with Year 1 implementation

Actuarial assumptions – i. Discount rate

ii. Mortality table selected and used in valuation – RP-2000 or RP-2014 – if an earlier one is used then determine why was it selected by actuary

  • iii. Participation assumption – this should vary by entity and may not be the same

for similar entities

41

Considerations for GASB 75 OPEB– Year 2

Date Bond Buyer 20‐Bond GO Index S&P Municipal Bond 20 Year High Grade Rate Index ‐ Quarter End S&P Municipal Bond 20 Year High Grade Rate Index ‐ Following Quarter Beginning Fidelity GO AA 20 Yrs 06/30/2017 3.58% 3.13% 3.10% 3.56% 12/31/2017 3.44% 3.16% 3.18% 3.31% 06/30/2018 3.87% 2.98% 3.45% 3.62% 12/31/2018 4.09% 3.64% 3.60% 3.71% 06/30/2019 3.50% 2.79% 3.36% 3.13%

  • Asset retirement obligation - Legally enforceable liability associated with the

retirement of a tangible capital asset that is in service

  • Legal enforceability means (aka an external obligating event) –

 A federal, state, or local law or regulation  Contractual requirement  Judgment

  • Internal obligating event are categorized as –

 Contamination – tangible capital asset caused a contamination while in service  Non-contamination – can include placing asset into service, permanently abandoning, or consumption of asset usable capacity (i.e. depletion)  Just planning to dispose of an asset is not itself an internal obligating event

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Certain Asset Retirement Obligations

Statement No. 83 (effective y/b/a 6/15/18)

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 22

  • Textbook Examples
  • Nuclear power plant decommissioning
  • Sewer processing facility
  • X-ray or MRI machines or similar equipment used in healthcare
  • Research facilities
  • Coal ash pond closure
  • Contractually required land restoration, such as removal of wind

turbines

  • Other similar obligations

43

Certain Asset Retirement Obligations

Statement No. 83

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 23

Recognition & Measurement

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Certain Asset Retirement Obligations

Statement No. 83

Initial recognition

Deferred outflow of resources—same amount as the ARO liability ARO liability when incurred and reasonably estimable. Incurrence manifested by both external and internal

  • bligating events.

Measured based on the best estimate of the current value

  • f outlays expected to be incurred.

Subsequent recognition

Recognize an outflow of resources (expense) in a systematic and rational manner over the estimated useful life of the capital asset. Immediately expense if capital asset is abandoned.

  • At least annually, adjust for general inflation or

deflation

  • At least annually, evaluate whether changes need in

estimated liability. Change the liability if significant.

Fiduciary Fund Types

  • Trusts
  • pension trust funds,
  • investment trust funds,
  • private-purpose trust funds
  • Generally, trust should have IDP – Irrevocable, Dedicated to providing benefits and

Protected from creditors.

  • Custodial funds
  • report fiduciary activities for which there is no trust agreement or equivalent

arrangement (previously called Agency Funds)

46

Fiduciary Activities

Statement No. 84 (effective y/b/a 12/15/18)

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 24

When should a government report assets in a fiduciary fund?

  • Four paths to making this determination:
  • Component units that provide postemployment benefits
  • Component units that do not provide postemployment benefits
  • Postemployment benefits arrangements that are not component units
  • All other fiduciary activities
  • Each of the above will need to meet certain test to determine if a

government should report the assets in a fiduciary fund

47

Fiduciary Activities

Statement No. 84

All Other Activities are Fiduciary if…(all 3)

1. The government controls the assets 2. Those assets are not derived either:

a) Solely from the governments own source revenues, or b) From government-mandated nonexchange transactions or voluntary nonexchange transactions with the exception

  • f pass-through grants and for which the government does not have administrative or direct financial involvement

3. One of the following is met:

a) The assets are administered through a trust agreement or equivalent arrangement in which the government itself is not a beneficiary b) The government does not have administrative involvement and not derived from the government’s provision of goods and services c) The assets are for the benefit of organizations not part of reporting entity

48

Fiduciary Activities

Statement No. 84

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 25

GASB 84 – Keeping it Real

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 26

GASB 84 impacts

51

Leases are financings of the right to use an underlying asset - Therefore, single approach applied to accounting for leases with some exceptions, such as short-term leases

52

Leases

Statement No. 87 (effective y/b/a 12/15/2019)

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 27

Initial Reporting

53

Leases

Statement No. 87

Subsequent Reporting

54

Leases

Statement No. 87

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 28

Leases

Statement No. 87

55

New Disclosure Requirements

  • Direct borrowings and direct placements of debt should be distinguishable from
  • ther types of debt for all disclosures
  • In addition to existing debt disclosures, governments should disclose the

following about all types of debt

  • Amount of unused lines of credit
  • Assets pledged as collateral for debt
  • Terms specified in debt agreements related to significant:
  • Events of default with finance-related consequences
  • Termination events with finance-related consequences
  • Subjective acceleration clauses

56

Certain Disclosures Related to Debt

Statement No. 88 (effective y/b/a 6/15/18)

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 29

  • What – Construction interest is no longer capitalized.
  • Why – Accounting guidance historically has been based upon FASB

Statements 34 and 62, which were incorporated into the GASB literature by GASB Statement 62 but were not reconsidered in light of the definitions of financial statement elements in GASB Concepts Statement 4

  • When - Effective for fiscal years beginning after December 15, 2019.

Earlier application is encouraged.

57

Interest Costs Incurred Before the End of Construction

Statement No. 89

  • What – Clarifies whether a majority equity interest should be reported as

an investment or as a component and to provide consistent measurement of elements of acquired organizations and 100 percent equity interests in component units.

  • Investment – GASB 72?
  • Equity method
  • Equity method an CU
  • 100%
  • Why – Stakeholders requested that GASB examine diversity in practice

and potential conflicts in the existing guidance

  • When - Effective for fiscal years beginning after December 15, 2018.

58

Majority Equity Interests

Statement No. 90

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 30

  • What – Statement 91 provides a single method of reporting conduit debt
  • bligations.
  • Clarifies the definition of a conduit debt
  • Establishes that a conduit debt obligation is not a liability of the issuer
  • Establishes standards for accounting and financial reporting of additional commitments

and voluntary commitments extended by issuers and arrangements associated with conduit debt obligations

  • Why – To eliminate diversity in practice associated with 1) commitments

extended by issuers, (2) arrangements associated with conduit debt obligations, and (3) related note disclosures.

  • When - Effective for fiscal years beginning after December 15, 2020.

59

Conduit Debt Obligations

Statement No. 91

  • Financial Reporting Model – Reexamination of GASBS 34, 35, 37,

41, 46, and Interpretation 6

  • Revenue and Expense Recognition
  • Public-private partnerships, including reexamination of GASB 60
  • Implementation guidance for GASB 87 on Leases
  • Deferred Compensation Plans – Reexamination of GASB 32
  • Subscription-based (cloud computing) IT arrangements

60

Current GASB Projects and Technical Agenda Projects

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 31

2018 Yellow Book and Uniform Guidance

Questions?

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 32

a s s u r a n c e - c o n s u l t i n g - t a x - t e c h n o l o g y - p n c p a . c o m

Postlethwaite & Netterville, A Professional Accounting Corporation

Sales Tax Update

Gary Dressler

Agenda

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 33

Wayfair Economic Nexus

History of Physical Presence

66

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 34

What’s with Wayfair? – Supreme Court Opinion

67

What’s with Wayfair? – Supreme Court Opinion

68

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 35

What’s with Wayfair? – Background Information

69

States Response to Wayfair

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State Response to Wayfair – By the Numbers

71

State Response to Wayfair

72

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 37

State Response to Wayfair

Was held up by

  • courts. Legislature reauthorized and lowered threshold (was

$500k) as of 7/1/19.

73

State Response to Wayfair

Legislation lowers threshold to $100,000 effective 11/1/19 and report or collect regime is ended.

74

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 38

Louisiana Response to Wayfair

Louisiana Response to Wayfair

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 39

ACT 274 – 2017 Regular Session

77

Remote Sellers Commission

78

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 40

Remote Sellers Commission

79

Remote Sellers Commission

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 41

Remote Sellers Commission

LA Uniform Local Sales Tax Board

82

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 42

LA Uniform Local Sales Tax Board

83

Taxable Sales by Governmental Entities

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 43

Governmental Entity Exemption Governmental Entity Exemption

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 44

Potentially Taxable Sales Potentially Taxable Sales

  • Sales of taxable services.
  • 1) Hotels, 2) parking, 3) printing, 4) cold storage, 5) admissions to

places of amusement or clubs, 6) telecommunications; 7) Cleaning; and 8) Repairs to tangible personal property.

  • Potential taxable transactions:
  • Admissions to sporting, amusement, or entertainment events.
  • Zoo’s, gyms, pools, dances.
  • Non-taxable transactions
  • Participant registrations for sports teams, etc.
  • Training or educational activities, camps, etc.
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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 45

Potentially Taxable Sales

 Taxable Leases:

  • Lease or rental generally means the granting of possession or use
  • f tangible personal property for consideration without the transfer
  • f title to the property.
  • Potential taxable transactions:
  • Tables, chairs, sports equipment, etc. for private events.
  • Non-taxable transactions
  • Picnic shelter fees
  • Room fees
  • Gym rentals
  • Use of ball fields

Thank You

gdressler@pncpa.com

90

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 46

NAVIGATING THE STATE BOND COMMISSION APPROVAL PROCESS

Lela Folse Nnamdi Thompson Jason Akers

  • LA. CONSTITUTION ART. VII,

SECTION 8

(B) Approval of Bonds. No bonds or other obligations shall be issued or sold by the state, directly or through any state board, agency, or commission, or by any political subdivision of the state, unless prior written approval of the state bond commission is obtained.

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 47

  • LA. R.S. SECTION 39:1410.60

(A) No parish, municipality, … or any other political subdivision, taxing district, political or public corporation, created under or by the constitution and laws of the state shall have authority to borrow money, incur debt, or to issue bonds, or other evidences of debt, or to levy taxes, or to pledge uncollected taxes or revenues for the payment thereof, where they are authorized by the constitution or laws of the state so to do, without the consent and approval of the State Bond Commission.

  • LA. R.S. SECTION 39:1410.63

(A) Any contract, debt,

  • bligation,

bond,

  • r
  • ther

evidence

  • f

indebtedness whatsoever, incurred or issued … without the consent and approval of the [state bond commission] shall be null and void, and no court of this state shall have jurisdiction to enforce the payment thereof, or of any suit or other proceeding affecting or involving the same.

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 48

  • LA. R.S. SECTION 39:1410.63

(B) Any person or any officer, agent, or employee of any governmental agency … who violates this Part, or who counsels, aids, or abets the violation thereof … or who engages or attempts to engage, in the borrowing or lending of, or any attempt to borrow or lend any money, the calling of any election, the incurring of any debt, the issuing or negotiation or sale of any bond or other evidence of debt whatsoever, the levying of any tax, the mortgaging of any land, building, machinery, and equipment, or the pledge of any tax, income,

  • r revenues, without the consent and approval, first hand and obtained, of

the [state bond commission], shall be fined not less than one hundred dollars and not more than five hundred dollars, and imprisoned for not more than six months.

APPLYING TO SBC

Application forms and Requirements are available on website at

www.treasury.la.gov/state-bond-commission

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 49

APPLYING TO SBC

  • Submit your Application via email to: SBC-Application@treasury.la.gov
  • Applications are reviewed by SBC Staff for:
  • Legal Compliance
  • Feasibility
  • Ability to Repay Debt Incurred
  • Applications that are in compliance and financially feasible, are placed
  • n an agenda for consideration by the SBC at a regular or special

meeting.

APPLICATION TIMELINES

All meetings are held at 10:00 am (8:00 am during legislative session) in Senate Committee Room A unless posted otherwise.

Meeting Date Applications Due 10 Day Deadline E lection Date

January 16, 2020 De c e mbe r 11, 2019 De c e mbe r 27, 2019 F e bruary 20, 2020 January 22, 2020 F e bruary 5, 2020 May 9, 2020 Marc h 19, 2020 F e bruary 18, 2020 Marc h 4, 2020 April 16, 2020 Marc h 17, 2020 Marc h 31, 2020 May 21, 2020 April 22, 2020 May 6, 2020 No vembe r 3, 2020 June 18, 2020 May 19, 2020 June 3, 2020 July 16, 2020 June 16, 2020 June 30, 2020 August 20, 2020 July 22, 2020 August 5, 2020 Se pte mbe r17, 2020 August 18, 2020 Se pte mbe r 1, 2020 De c e mbe r 5, 2020 Oc to be r15, 2020 Se pte mbe r16, 2020 Se pte mbe r 30, 2020 No vembe r 19, 2020 9c to be r 17, 2020 No vembe r 2, 2020 De c e mbe r 17, 2020 No vembe r 16, 2020 De c e mbe r 2, 2020 Marc h 20, 2021 January 21, 2020 De c e mbe r16, 2020 January 5, 2020

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 50

APPLICATION TIMELINES

  • Application Filing deadline - 20 working days prior to scheduled

meeting

  • Supporting documentation deadline - 10 working days prior to

scheduled meeting

  • Preliminary Agenda - 1 week prior to meeting
  • Agenda Review with SBC Members Staff & Legislative Auditor -

Monday prior meeting

  • Posted Agenda - 24 hours prior to meeting
  • Meeting date - 3rd Thursday of each month

APPLICATION REQUIREMENTS

  • Application form
  • Requirements are listed on last page of each Application form.
  • Approval parameter form
  • Certified resolution of applicant
  • Audited/unaudited financial statements
  • Interim financial statements
  • Adopted Budget
  • Debt Schedules (Max & Market Rates)
  • Application fee
  • Other items requires for specific applications
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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 51

ELECTIONS

What elections require State Bond Commission approval?

  • Bond
  • Tax
  • Parcel Fee
  • Special Assessments
  • Home Rule Charter
  • Constitutionally Required

What elections don’t require State Bond Commission approval?

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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 52

  • LA. R.S. SECTION 39:1410.62

… [A]ny unit of local government … authorized by law to perform governmental functions, as well as any political subdivision creating same, shall notify the [state bond commission], in writing, whenever: (1) Transfers to any funds required to be established by resolution authorizing the issuance of bonds, certificates of indebtedness, or otherwise authorizing the incurring of indebtedness, have not been made timely. (2) Principal, interest, premiums, or other payments due on outstanding indebtedness have not been made timely. (Similar provision also found in La. R.S. Section 39:510)

FISCAL REVIEW

  • Legislative auditor, attorney general, and state treasurer are required to meet

to review the financial stability of political subdivisions.

  • “Financial stability” is defined as a condition in which the political subdivision

is capable of meeting its financial obligations in a timely manner as they become due without substantial disposition of assets outside the ordinary course of business, substantial layoffs of personnel, or interruption of statutorily or other legally required services of the political subdivision, restructuring of debt, revision of operations, or similar actions.

  • La R.S. 39:1351, et seq.
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2019 Governmental Seminar November 14, 2019 Postlethwaite & Netterville, APAC 53

FISCAL REVIEW

  • The fiscal administrator, subject to approval of the court, shall have authority

to direct all fiscal operations of the political subdivision and to take whatever action he deems necessary to return the political subdivision to financial stability.

  • All costs and expenses associated with the fiscal administration of a political

subdivision shall be borne by the political subdivision.

  • Once appointed, a fiscal administrator may only be removed by the court at

his own request or for fraud, negligence, or misconduct.

RESOURCES

State Bond Commission Contact Info: Physical Address: Louisiana State Capitol Building 900 North Third Street, Third Floor Baton Rouge, LA 70802 Mailing Address: P.O. Box 44154 Baton Rouge, LA 70804 Phone Number: 225-342-0040 https://www.treasury.la.gov/state-bond-commission

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Thank you for attending!

www.pncpa.com/events

A Professional Accounting Corporation