HLS 10RS-487 ORIGINAL
Page 1 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1092
BY REPRESENTATIVE HARRISON
LEGISLATIVE AFFAIRS: Provides for a district office allowance for each member to be
used for office expenses and legislative assistants
AN ACT1
To amend and reenact R.S. 24:31.3(C), 31.4, 31.5(A) and (C), 31.6(C) and (D), and 31.7 and2
to repeal Sections 2 and 4 of Act No. 838 of the 2008 Regular Session of the3
Legislature, relative to the legislature; to provide for an allowance for expenses4
related to a legislative district office; to provide relative to the salaries and benefits5
of legislative assistants; to provide relative to the maintenance and audit of certain6
records; to provide relative to the effect of certain allowances authorized by rules of7
a house of the legislature; and to provide for related matters.8
Notice of intention to introduce this Act has been published9
as provided by Article X, Section 29(C) of the Constitution10
of Louisiana.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 24:31.3(C), 31.4, 31.5(A) and (C), 31.6(C) and (D), and 31.7 are13
hereby amended and reenacted to read as follows: 14
§31.3. Members-elect; reimbursement; orientation; establishment of district office;15
legislative assistants16
* * *17
C.(1) During the period beginning thirty days prior to the organizational18
session of the legislature, the presiding officer of the house of the legislature to19
which a member-elect was elected may take whatever action deemed necessary to20 HLS 10RS-487 ORIGINAL
HB NO. 1092
Page 2 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
assist a member-elect to establish a district office and for such office to begin1
operating, including incurring expenses and making expenditures related to such2
office in an amount not to exceed the monthly office expense determined by the3
presiding officer which amount shall be deducted from the allowance established in4
R.S. 24:31.4 allocated for the member-elect's first year of the term of office to which5
he was elected.6
(2) During the period beginning thirty days prior to the organizational7
session of the legislature, a member-elect may employ one or more legislative8
assistants in accordance with the provisions of R.S. 24:31.5. The salary,9
employment taxes, and costs of related benefits of the one or more legislative10
assistants employed by the member-elect shall be deducted from the allowance11
established in R.S. 24:31.4 allocated for the member-elect's first year of the term of12
office to which he was elected.13
§31.4. Members' office allowance14
A. In addition to the salary, per diem, and all other allowances provided by15
law for members of the legislature, each member of the legislature shall be paid a16
monthly expense provided an allowance in the amount of five hundred dollars per17
month eighty thousand dollars per year, or so much thereof as may be necessary, for18
payment of rent for office space in a parish or parishes which he represents, and for19
payment of the cost of maintaining utilities in said office or offices and for other20
expenses related to the holding or conduct of their his office, and for the payment of21
the salary, employment taxes, and costs of related benefits of one or more legislative22
assistants as provided in R.S. 24:31.5.23
B.(1) Any payment for office space, under the allowance provided in24
Subsection A of this Section for office rental shall be used only for payment of rental25
for office space in a building situated in a parish which the member represents, and26
in no case shall payment be made for office space which is located in the legislator's27
residence or in any other property owned wholly or in part by the legislator or a28
member of his family. Payment under the allowance provided in Subsection A of29 HLS 10RS-487 ORIGINAL
HB NO. 1092
Page 3 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
this Section for cost of utilities and other expenses shall be for reimbursement for1
cost of electric, water, gas, telephone, and telegraph service for the legislator's2
district office and for such other office expenses, including but not limited to3
stationery and other supplies.4
(2) Notwithstanding any other provision of law to the contrary, a legislator5
may lease office space for his district office from a lessor from whom he also leases6
other commercial office space except as otherwise prohibited by Paragraph (1) of7
this Subsection. In such case, the monthly expense allowance provided in8
Subsection A of this Section and any allowance for office expenses authorized9
pursuant to the rules of procedure of the house of the legislator may be used for the10
payment of rent which represents the fair market value for the amount of space11
exclusively allocated for his district office and for the payment of the prorated cost12
of maintaining utilities in the office for the amount of space exclusively allocated for13
his district office. Transactions relative to the district office and for such payment14
are expressly authorized and shall be in accordance with the provisions of this15
Section and the rules of procedure of the house of the legislator.16
C. The allowance provided in Subsection A of this Section shall be17
withdrawn from the treasury and paid to the persons entitled thereto in the same18
manner as is provided by law for the salary provided in R.S. 24:31.1. Each member19
shall be required to file with the presiding officer, prior to payment of the allowance20
each month, maintain an itemized statement of expenses, and appropriate invoices21
or receipts supporting the same. The amount of the allowance paid to each member22
each month shall be equal to the total amount of the itemized statement, provided23
that in no case shall the total reimbursement exceed five hundred dollars statement.24
All such records shall be maintained in the manner prescribed by the Legislative25
Budgetary Control Council and shall be subject to audit in accordance with the26
provisions of this Title.27
D. However, in In the event of a disaster or other emergency which28
necessitates the temporary relocation of a legislator's district office or in the event29 HLS 10RS-487 ORIGINAL
HB NO. 1092
Page 4 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
a legislator's district office is damaged to an extent that impedes the function of the1
office, the presiding officer of the house of the legislator may authorize the payment2
of rent for office space within the state and the reimbursement of other expenses3
related to the holding or conduct of the legislator's office during the duration of the4
temporary relocation or district office recovery process, as the case may be. Each5
such legislator shall be required to file with the presiding officer, prior to payment6
of such expenses each month, maintain an itemized statement of expenses and7
appropriate invoices or receipts supporting the same. The total amount of the8
payment and reimbursement for a legislator's office expenses, including those9
authorized by this Subsection, shall not exceed the total amount per month for office10
expenses to which the legislator is otherwise entitled by law and the rules of11
procedure of his house statement. All such records shall be maintained in the12
manner prescribed by the Legislative Budgetary Control Council and shall be subject13
to audit in accordance with the provisions of this Title.14
§31.5. Legislative assistants for members15
A.(1) Each member of the legislature may employ one or more legislative16
assistants, who shall be employed as unclassified state employees.17
(2) The Legislative Budgetary Control Council shall establish and provide18
for the implementation of a salary schedule for legislative assistants. The Legislative19
Budgetary Control Council may make adjustments to the salary schedule for20
legislative assistants as necessary.21
(3) Each legislator shall determine the qualification requirements of his22
legislative assistant or assistants. However, no person who is a member of the family23
of the legislator may serve as his legislative assistant.24
(4)(a) (3) Each legislative assistant shall perform such duties as the25
legislator may assign and shall be paid a salary fixed by the legislator, provided that26
the salary for any one legislative assistant shall not exceed the base salary established27
by the Legislative Budgetary Control Council plus the equivalent of one step for28
each year of his employment as a legislative assistant.29 HLS 10RS-487 ORIGINAL
HB NO. 1092
Page 5 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) When more than one legislative assistant is employed by a legislator, the1
total salary for all legislative assistants of a legislator shall not exceed the base salary2
established by the Legislative Budgetary Control Council plus the equivalent of one3
step for each year of employment as a legislative assistant of the legislative assistant4
receiving the highest salary, or the equivalent of one step for each year of the5
employing legislator's service as a legislator, at the option of the employing6
legislator. However, no legislative assistant shall be paid a salary that exceeds the7
base salary established by the Legislative Budgetary Control Council plus the8
equivalent of one step for each year of his employment as a legislative assistant.9
(c) The Legislative Budgetary Control Council shall also provide a detailed10
mechanism to factor in other governmental experience into the number of years of11
experience of a legislative assistant for determining that legislative assistant's salary.12
(5) The salary, employment taxes, and costs of related benefits of each13
legislative assistant of a legislator shall be paid from the funds of the respective14
houses, withdrawn from the state treasury and deposited in the manner provided in15
R.S. 24:31.1, and shall be paid to each individual legislative assistant whose16
employment and salary have been certified by a member to his respective presiding17
officer. Payment shall be by check signed by the speaker of the House of18
Representatives as to the salary of legislative assistants to House members and by19
the president of the Senate as to the salary of legislative assistants to Senate20
members. Facsimile signatures may be used the allowance provided to the legislator21
pursuant to R.S. 24:31.4.22
(6) Nothing in this Section shall prohibit the use of contractual secretarial23
services in lieu of one or more legislative assistants who which shall be paid in24
accordance with the salary schedule established by the Legislative Budgetary Control25
Council from the allowance provided to the legislator pursuant to R.S. 24:31.4.26
* * *27
C.(1)(a) When a legislator employs only one legislative assistant, such28
assistant may participate in the state's group life, health, and hospitalization29 HLS 10RS-487 ORIGINAL
HB NO. 1092
Page 6 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
insurance program and the state employees' retirement system provided such1
assistant receives at least sixty percent of the total compensation available to employ2
the legislative assistant.3
(b) When a legislator employs more than one legislative assistant, the4
primary legislative assistant may participate in the state's group life, health, and5
hospitalization insurance program and the state employees' retirement system.6
"Primary legislative assistant" means the legislative assistant who receives the7
highest salary and whose salary is at least sixty percent of the total salary that such8
assistant can be paid.9
(c) Any legislative assistant who does not meet the criteria set forth in this10
Subsection shall not be eligible to participate in these benefits.11
(2) All legislative assistants shall be eligible for workers' compensation12
coverage as state employees immediately upon employment.13
§31.6. Legislative district offices; furnishing and equipment allowance14
* * *15
C.(1) Title to all furniture and equipment purchased under provisions of this16
Section shall vest in the purchasing house of the legislature, and the same shall be17
purchased by the presiding officers in accordance with purchasing policies of the18
Legislative Budgetary Control Council upon presentation of itemized statements19
from members of the legislature setting forth in detail the furniture and equipment20
desired to be purchased.21
(2) Title to all furniture and equipment purchased by a member with the22
allowance provided by R.S. 24:31.4 shall vest in the purchasing legislator's house of23
the legislature and shall be purchased by the legislator in accordance with purchasing24
policies of the Legislative Budgetary Control Council.25
D. Notwithstanding the provisions of Part XI of Chapter 1 of Title 39 of the26
Louisiana Revised Statutes of 1950, upon termination of office, each legislator27
having possession of equipment or furniture purchased with the dollar allotments28
provided in this Section or with the legislator's individual supplemental expense29 HLS 10RS-487 ORIGINAL
HB NO. 1092
Page 7 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
account provided by his house allowance provided by R.S.24:31.4, or having1
possession of the standard computer equipment allocated to the legislator for use2
outside of the capitol building, may purchase such property with nonpublic funds at3
a cost of the standard depreciated value of the property. This authority to purchase4
furniture shall not encompass the standard suite of furniture purchased with5
additional monies approved by the presiding officer of either house. The legislator6
shall relinquish any such furniture or equipment which he does not purchase to the7
presiding officer or agents of his house.8
* * *9
§31.7. Allowances; declaration as non-emoluments 10
The allowance allowances provided in Sections 31.4, 31.5 and 31.6 R.S.11
24:31.3(C)(1), 31.4, and 31.6 are hereby declared not to constitute emoluments of12
office of the members of the legislature, and shall not be used for the purpose of13
determining the amount upon which any employee or employer contributions are to14
be paid to any publicly supported retirement system to the benefit of any member of15
the legislature or in computing any retirement benefits or any other benefits16
pertaining to any member of the legislature.17
Section 2. Sections 2 and 4 of Act No. 838 of the 2008 Regular Session of the18
Legislature are hereby repealed in their entirety. 19
Section 3. Any allowance for office expenses or other expenses related to the20
holding of office authorized pursuant to the rules of procedure of the house of the legislator21
is hereby declared null, void, and of no effect.22
Section 4. The cost of R.S. 24:31.5 as amended by this Act, if any, shall be funded23
with additional employer contributions in compliance with Article X, Section 29(E)(5)(b)24
of the Constitution of Louisiana.25
Section 5. This Act shall become effective on January 1, 2011.26 HLS 10RS-487 ORIGINAL
HB NO. 1092
Page 8 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harrison HB No. 1092
Abstract: Provides for an office allowance for members to be used for office expenses and
the salary of one or more legislative assistants. Removes provisions regarding a
salary schedule for legislative assistants and for the supplemental expense allowance
authorized by the rules of each house for its members.
Present law (R.S. 24:31.4) provides to each member of the legislature a member's office
allowance of up to $500 each month in vouchered expenses for such items as rent for office
space in a parish or parishes which he represents, utilities, telephone, office supplies, and
other expenses related to the holding and conducting of legislative office. Requires a
member to submit appropriate invoices or receipts in order to have those expenses paid or
reimbursed from these funds each month, with the payment in any month not exceeding
$500. Present rules (House Rule 6.26 and Senate Rule 13.22) additionally provide that the
House Executive Committee, for the members of the House of Representatives, and the
Senate Executive Committee, for the members of the Senate, may establish an annual
vouchered allotment to be used for expenses incurred in the course and scope of legislative
duties such as rent for office space, electricity, water, gas, telephone, communication
services, stationery, supplies, mileage or expense reimbursement for official travel, and other
expenses related to the holding or conduct of office. Present law further provides that, in the
event of a disaster or other emergency which necessitates the temporary relocation of a
legislator's district office or in the event a legislator's district office is damaged to an extent
that impedes the function of the office, the presiding officer of the house of the legislator
may authorize the payment of rent for office space within the state and the reimbursement
of other expenses related to the holding or conduct of the legislator's office during the
duration of the temporary relocation or district office recovery process, as the case may be.
Requires the legislator to submit an itemized statement of expenses and appropriate invoices
or receipts in order to have those expenses paid or reimbursed. Provides that the total
amount of the payment and reimbursement shall not exceed the total amount per month for
office expenses to which the legislator is otherwise entitled by present law and present rules
of his house.
Proposed law replaces the $500 per month vouchered expense allowance and the expense
allowance authorized by the rules of order of each house of the legislature with an $80,000
per year allowance. Requires each member to maintain an itemized statement of expenses
and appropriate invoices or receipts supporting the statement. Further provides that all such
records be maintained in the manner prescribed by the Legislative Budgetary Control
Council (LBCC) and subject to audit in the manner prescribed by present law (Title 24).
Further provides for the salary, employment taxes, and costs of related benefits of one or
more legislative assistants as provided in present law (R.S. 24:31.5–see below) to be paid
from the proposed law allowance.
Present law (R.S. 24:31.5) provides for employment of legislative assistants by legislators.
Authorizes each legislator to employ one or more legislative assistants as unclassified state
employees. Provides that each legislative assistant shall be paid a salary fixed by the
legislator. Permits use of contractual secretarial services in lieu of one or more legislative
assistants. Proposed law retains present law and specifies that the salary, employment
taxes, and costs of related benefits of one or more legislative assistants and any payment for
contractual secretarial services be paid from the allowance provided in proposed law. HLS 10RS-487 ORIGINAL
HB NO. 1092
Page 9 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law requires the LBCC to establish and provide for the implementation of a salary
schedule for legislative assistants. Authorizes the LBCC to make adjustments to the salary
schedule as necessary. Present law provides that the salary of each legislative assistant be
based upon the number of years of employment as a legislative assistant and in accordance
with the LBCC salary schedule. Requires the LBCC to provide a mechanism to factor in
other governmental experience into the number of years of experience of a legislative
assistant for determining that legislative assistant's salary. Provides that when more than one
assistant is employed by a legislator, the total salary for all legislative assistants shall not
exceed the base salary plus the equivalent of one step for each year of employment as a
legislative assistant of the assistant receiving the highest salary, or the equivalent of one step
for each year of the employing legislator's service as a legislator, at the option of the
legislator. Provides that no one assistant shall be paid more than the LBCC established base
salary plus the equivalent of one step for each year of employment as a legislative assistant.
Provides that if contractual secretarial services are used in lieu of one or more legislative
assistants, such is to be paid in accordance with the LBCC salary schedule. Present law
provides that payment of the salary of a legislative assistant shall be by check signed by the
speaker of the House for legislative assistants to House members and by check for legislative
assistants to Senate members.
Proposed law removes the provisions of present law.
Present law (Sections 2 and 4 of Act 838 of the 2008 R.S.) provides that a legislative
assistant employed on or before December 1, 2007, may retain the salary earned as of that
date, but provides that such legislative assistant shall not be eligible for an increase in salary
until the legislative assistant is eligible to receive such in accordance with the LBCC salary
schedule. Further provides that the provisions of law existing prior to present law apply to
legislative assistant salaries until the LBCC establishes a salary schedule as required.
Specifies that the salary schedule established by the LBCC shall provide for an increase in
salaries over those provided by those prior provisions of law. Proposed law repeals these
provisions.
Present law (R.S. 24:31.5(C)) provides that all legislative assistants are eligible for workers'
compensation coverage as state employees upon employment. Proposed law retains present
law.
Present law provides that a legislative assistant who is the only legislative assistant
employed by a member and who receives at least 60% of the total compensation available
for his employment is eligible to participate in the state's group life, health, and
hospitalization insurance program and the state employees' retirement system, or in any other
benefits accruing under law to state employees. Provides that when a legislator employs
more than one assistant, that the primary legislative assistant may participate in such
benefits. Defines "primary legislative assistant" as the assistant who receives the highest
salary and whose salary is at least 60% of the total salary that such assistant can be paid.
Proposed law provides instead that a legislative assistant who is the only legislative assistant
employed by a member is eligible to participate in the state's group life, health, and
hospitalization insurance program and the state employees' retirement system, or in any other
benefits accruing under law to state employees. Provides that when a legislator employs
more than one assistant, that the primary legislative assistant may participate in such
benefits. Defines "primary legislative assistant" as the assistant who receives the highest
salary.
Proposed law specifies that any cost of changes in provisions for legislative assistants shall
be funded with additional employer contributions as required by constitutional provisions
relative to retirement systems.
Present law (R.S. 24:31.3) provides that beginning 30 days prior to the organizational
session of the legislature, the presiding officer of the house of the legislature to which a HLS 10RS-487 ORIGINAL
HB NO. 1092
Page 10 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
member-elect was elected may take whatever action deemed necessary to assist a member-
elect establish a district office and for such office to begin operating, including incurring
expenses and making expenditures related to such office in an amount not to exceed the
monthly office expense allowance established in present law (R.S. 24:31.4). Further
provides that during that same period, a member-elect may employ one or more legislative
assistants in accordance with present law (R.S. 24:31.5).
Proposed law retains present law except provides that the amount for such a member-elect
shall be determined by the presiding officer and shall be deducted from the allowance
allocated to the member-elect's first year of his term of office as provided in proposed law
(R.S. 24:31.4). Further specifies that the salary, employment taxes, and costs of related
benefits of the one or more legislative assistants authorized to be hired during the time
period shall be deducted from the allowance allocated to the member-elect's first year of his
term of office as provided in proposed law (R.S. 24:31.4).
Present law (R.S. 31.6) further provides each legislator with an allowance for the purpose
of purchasing office furniture and equipment to be utilized in the conduct of his office in the
maximum amount of $2,000 while serving his first legislative term and, upon taking office
for each subsequent and consecutive term, with an additional allowance of $500 for the
purpose of purchasing any additional equipment or furniture to be utilized in the conduct of
his office. Further, the presiding officer of each house may authorize the expenditure of
monies in excess of a member's allowance for the purchase of a standard suite of office
furniture, as that standard is defined by resolution of the Legislative Budgetary Control
Council, as well as for replacing or making major repairs to any piece of equipment or
furniture purchased under present law. Present law provides that title to all furniture and
equipment purchased under present law vests in the purchasing house and shall be purchased
by the presiding officers upon presentation of itemized statements from legislators of the
furniture and equipment desired to be purchased. Present law allows each legislator having
possession of equipment or furniture purchased with allotments provided by law or
individual allowance provided by his house or having possession of the standard computer
equipment allocated to the legislator for use outside of the capitol to purchase such property
with nonpublic funds at the cost of the standard depreciated value of the property.
Proposed law retains present law but removes references to the individual allowance
provided by his house and provides that the title to all furniture and equipment purchased
under the allowance provided in proposed law vests in the purchasing legislator's house and
requires the legislator to purchase such in accordance with purchasing policies of the LBCC.
Present law specifies that the allowance provided pursuant to present law (R.S.
24:31.4–$500 per month vouchered allowance; R.S. 24:31.5-- provisions for the legislative
assistants; and R.S. 24:31.6--the furniture allowance) are declared not to constitute
emoluments of office and shall not be used to determine employee or employer contributions
to be paid to any publicly supported retirement system or in computing retirement benefits
or other benefits pertaining to any legislator.
Present law removes reference to the provision for legislative assistants and includes
reference to the allowance provided to member's-elect for district office expense (R.S.
24:31.3(C)(1) and otherwise retains present law.
Effective January 1, 2011.
(Amends 24:31.3(C), 31.4, 31.5(A) and (C), 31.6(C) and (D), and 31.7; Repeals §§2 and 4
of Act No. 838 of the 2008 R.S.)