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Regular Session, 2010
HOUSE BILL NO. 1417
BY REPRESENTATIVE TUCKER
LEGISLATIVE EXPENSES: Makes appropriations for the expenses of the legislature for
FY 2010-2011
AN ACT1
To appropriate funds for Fiscal Year 2010-2011 to defray the expenses of the Louisiana2
Legislature, including the expenses of the House of Representatives and the Senate,3
of legislative service agencies, and of the Louisiana State Law Institute; to provide4
for the salary, expenses and allowances of members, officers, staff and agencies of5
the Legislature; to provide with respect to the appropriations and allocations herein6
made; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. The sum of Sixty-Seven Million Three Hundred Eighty-Three Thousand9
One Hundred Twenty-Three and No/100 ($67,383,123.00) Dollars, or so much thereof as10
may be necessary, is hereby appropriated out of the state general fund, the sum of Twenty-11
One Million Four Hundred Nineteen Thousand Five Hundred Sixty-Six and No/10012
($21,419,566.00) Dollars is hereby appropriated out of self-generated funds to defray the13
expenses of the legislature, including the House of Representatives and the Senate, the staffs14
of the House of Representatives and of the Senate, the Legislative Auditor, the Legislative15
Fiscal Office, the Legislative Budgetary Control Council, and the Louisiana State Law16
Institute.17
Section 2.A.(1) Out of the total amount herein appropriated from the state general18
fund, Forty-Six Million Four Hundred Forty-Nine Thousand Two Hundred Seventy-One and19
No/100 ($46,449,271.00) Dollars is hereby allocated to provide the salary and allowances20 HLS 10RS-1258 ENGROSSED
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of members, officers, and staff of the House of Representatives, and the salary and1
allowances for the speaker of the House of Representatives and for expenses of his office,2
including reimbursement for actual expenses as presiding officer and for his service to or for3
the benefit of the House of Representatives, the legislature, the legislative branch of4
government, or the state, as determined by the speaker, and to provide the salary and5
allowances of members, officers, and staff of the Senate, and the salary and allowances for6
the president of the Senate and for expenses of his office, including reimbursement for actual7
expenses as presiding officer and for his service to or for the benefit of the Senate, the8
legislature, the legislative branch of government, or the state, as determined by the president9
of the Senate. These funds also shall be used to pay mileage and per diem of the members10
of the legislature and mileage and per diem expenses of committees; salaries and/or expense11
allowances of officers and employees of the legislature; costs of renovations, repairs, and12
necessary additions to the House and/or Senate chambers and other legislative rooms; audio-13
visual upgrades, technological enhancements, and technical support; printing the bills,14
journals, and calendars; computer equipment and services; library services; provision of15
accessibility services for persons with disabilities during sessions of the legislature and16
during the interim; and for all other expenses of the legislature. In addition to the amounts17
and limitations provided in R.S. 24:31.5, these funds shall also be used to provide an18
additional two hundred seventy-five dollars per month to the total amount available to each19
legislator for the salary of his legislative assistants, provided that one hundred fifty dollars20
of the additional two hundred seventy-five dollars provided herein shall not be used pursuant21
to R.S. 24:31.5(C) to determine the full-time status or eligibility for benefits for a legislative22
assistant. These amounts shall be obtained and disbursed as hereinafter provided.23
(2) Notwithstanding the provisions of R.S. 24:31.5, any legislative assistant24
employed on or before December 1, 2007, may retain the salary they were earning on25
December 1, 2007.26
B. Of the sum above allocated to the two houses of the legislature, Twenty-Seven27
Million Six Hundred Seven Thousand Five Hundred Sixty-Eight and No/10028
($27,607,568.00) Dollars is hereby set aside and allocated for the use of the House of29 HLS 10RS-1258 ENGROSSED
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Representatives and Eighteen Million Eight Hundred Forty-One Thousand Seven Hundred1
Three and No/100 ($18,841,703.00) Dollars for the use of the Senate.2
C. The presiding officer of each house shall warrant on the state treasurer in favor3
of the House of Representatives or the Senate, as the case may be, for the allocation herein4
provided, or for so much thereof as may be necessary. The aforesaid warrants shall be paid5
out of the state general fund, and the state treasurer shall pay said warrants by preference6
over all other warrants, except warrants for the salaries of constitutional officers of the state,7
which shall be concurrent with the warrants provided for by this Act.8
D.(1) The funds drawn as provided herein shall be deposited in the name of the9
House of Representatives or the Senate, as the case may be, in an approved bank located in10
this state selected by the presiding officer of each house. Payment of per diem and mileage,11
salaries of the members, officers, and employees, and other expenses of the legislature shall12
be made by individual check, payable to the person or firm entitled thereto, signed by the13
presiding officer of the House of Representatives as to disbursements by the House, and as14
to disbursements by the Senate, signed by the president of the Senate. Facsimile signatures15
may be used; such payment also may be made by electronic funds transfer through the16
automated clearing house and deposited into the account of the person or firm entitled to17
such payment.18
(2) Copies of legislative documents of the Senate and the House shall be provided19
at fees according to policy and schedules adopted by the secretary of the Senate and clerk20
of the House, jointly, and approved by the president of the Senate and the speaker of the21
House, jointly. Funds derived from the sale of legislative documents of the Senate and the22
House during the 2011 Regular Session shall be used to offset the cost of printing the23
journals and calendars.24
(3) The legislature is hereby expressly authorized to receive and expend any monies25
received as a result of any grants or donations or other forms of assistance as provided for26
in Article VII, Section 9(A)(1) of the Louisiana Constitution of 1974.27
E. Any portion of the funds herein allocated to the two houses, any portion of the28
funds previously appropriated or interest earnings on such appropriations and any self-29 HLS 10RS-1258 ENGROSSED
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generated revenues that are not required for the expenses of the 2010 Regular Session of the1
Legislature, including printing and all expenses in connection therewith, are hereby2
appropriated and may be used to pay the mileage, per diem, expenses of committees, and any3
other expenses of the legislature during the 2010-2011 Fiscal Year; however, all funds4
remaining unexpended and/or unencumbered shall be returnable to the state general fund on5
or before October 1, 2011.6
Section 3.A. The sum of Nine Million Three Hundred Fourteen Thousand Eight7
Hundred Twenty-Three and No/100 ($9,314,823) Dollars is hereby allocated out of the total8
appropriation from the state general fund made in Section 1 of this Act to the legislative9
auditor, to pay the expenses of his office, including the salaries and expenses of his10
employees, the costs of equipment, and all other expenses incurred by that office in11
connection with the operation thereof during the 2010-2011 Fiscal Year. 12
B.(1) The sum of Three Hundred Fifty Thousand and No/100 ($350,000.00) Dollars13
is hereby appropriated, payable from the state general fund, to establish an agency working14
capital fund to be known as the Legislative Auditor Ancillary Enterprise Fund. Of the funds15
available in the ancillary enterprise fund, the sum of Twenty-One Million Four Hundred16
Nineteen Thousand Five Hundred Sixty-Six and No/100 ($21,419,566.00) Dollars is17
authorized to be used by the legislative auditor, in addition to the amount allocated in18
Section 3.A. hereof, to pay the expenses of his office, including the salaries and expenses19
of his employees, the costs of equipment, and all other expenses incurred by that office in20
connection with the operations thereof during the 2010-2011 Fiscal Year.21
(2) The legislative auditor, in addition to the authority contained in R.S. 24:517.1,22
shall be authorized to receive reimbursement of actual expenses of audits performed on23
federally funded programs, both direct and indirect, and regulatory boards funded primarily24
from fees and self-generated revenues and self-supported enterprise functions for the25
purpose of generating revenue to pay expenses as provided in Section 3.B.(1) of this Act.26
Reimbursement for audits performed on federally funded programs shall be limited to27
reimbursement authorized by federal laws and regulations. 28 HLS 10RS-1258 ENGROSSED
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(3) Notwithstanding any provision of the law to the contrary, including the General1
Appropriation Act, in addition to the authority contained in R.S. 24:517.1 and 517.3, the2
legislative auditor is authorized to allocate and collect from each auditee included in the3
state's Comprehensive Annual Financial Report, exclusive of those auditees audited by4
independent certified public accountants, such amounts as may be reasonably necessary to5
compensate the legislative auditor for services rendered and costs incurred in connection6
with the audit of each auditee. In the collection of such amounts, the legislative auditor7
shall, on or after the first day of July of each year, notify and warrant, without any other8
approval, the state treasurer of the amount allocated to each auditee. The state treasurer,9
upon receipt of said notice and warrant, shall transfer forthwith the amounts allocated to10
each auditee from monies accruing or available to the auditee to the Legislative Auditor11
Ancillary Enterprise Fund. Notwithstanding the foregoing, the sum of all amounts allocated12
to all such auditees shall not exceed the amount appropriated to the legislative auditor from13
the Legislative Auditor Ancillary Enterprise Fund in accordance with Section 3.B.(1) herein.14
C. In the conduct of such functions all receipts of self-generated revenues shall be15
deposited in the state treasury to the credit of the Legislative Auditor Ancillary Enterprise16
Fund and disbursements made by the state treasurer to the extent of the amounts deposited17
to the credit of such fund in accordance with provisions of law governing expenditures. All18
monies from self-generated revenue of the legislative auditor's office shall be paid to the19
Legislative Auditor Ancillary Enterprise Fund and shall be deemed to be available for20
expenditure in the amount herein appropriated, and any increase in self-generated revenue21
over the amount herein appropriated shall be available for expenditure by the legislative22
auditor only on approval of the Legislative Budgetary Control Council. Any transfer of23
excess funds from such category of expenditure to another shall be made only with the24
approval of the Legislative Budgetary Control Council. 25
D. The legislative auditor shall warrant on the state treasurer for the monies26
allocated by this Section, and the warrant shall be paid by the state treasurer out of the state27
general fund. The funds so drawn shall be disbursed only in accordance with budgeted28 HLS 10RS-1258 ENGROSSED
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amounts provided herein and such amendments as may be approved by the Legislative1
Budgetary Control Council.2
E. Any portion of the funds herein allocated to the legislative auditor, any portion3
of the funds previously appropriated to the legislative auditor, other revenue and funds of4
the legislative auditor or interest earnings are hereby appropriated and may be used to defray5
the expenses of the legislative auditor; however, all funds remaining unexpended and/or6
unencumbered shall be returnable to the state general fund on or before October 1, 2011.7
Section 4.A. The sum of Two Million Four Hundred Thirty-Five Thousand Eight8
Hundred Seventy-Seven and No/100 ($2,435,877.00) Dollars is hereby allocated out of the9
total appropriation from the state general fund made in Section 1 of this Act to the Joint10
Legislative Committee on the Budget, to be used solely for the operations of the Legislative11
Fiscal Office and in particular to pay the expenses thereof, including the salaries and12
expenses of its employees, the cost of equipment, and all other expenses incurred by said13
office in connection with the operation thereof during the 2010-2011 Fiscal Year. The14
operations and functions of the Legislative Fiscal Office shall be under the direction and15
supervision of the Joint Legislative Committee on the Budget. Any contracts for consultant16
services shall be approved by the Legislative Budgetary Control Council and the Joint17
Legislative Committee on the Budget.18
B. The legislative fiscal officer shall warrant on the state treasurer for the allocation19
provided by this Section, and the warrant shall be paid by the state treasurer out of the state20
general fund. The funds so drawn shall be disbursed only in accordance with a budget21
approved by the Joint Legislative Committee on the Budget and the Legislative Budgetary22
Control Council. 23
C. Any portion of the funds herein allocated to the Legislative Fiscal Office, any24
portion of the funds previously appropriated or interest earnings on such appropriations and25
any self-generated revenues that are not required for the expenses of the 2010 Regular26
Session of the Legislature, including printing and all expenses in connection therewith, are27
hereby appropriated and may be used to pay expenses of the Legislative Fiscal Office during28 HLS 10RS-1258 ENGROSSED
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the 2010-2011 Fiscal Year; however, all funds remaining unexpended and/or unencumbered1
shall be returnable to the state general fund on or before October 1, 2011.2
Section 5.A. The sum of One Million Thirty-Three Thousand Five Hundred Nine3
and No/100 ($1,033,509.00) Dollars is hereby allocated out of the total appropriation from4
the state general fund made in Section 1 of this Act to the Louisiana State Law Institute, to5
pay the expenses thereof, including the salaries and expenses of its employees, the cost of6
equipment, and all other expenses incurred by said office in connection with the operation7
thereof during the 2010-2011 Fiscal Year. All unexpended and/or unencumbered funds8
remaining on October 1, 2011, shall be returnable to the state general fund.9
B. The executive director of the Louisiana State Law Institute shall warrant on the10
state treasurer for the allocation provided by this Section, and the warrant shall be paid by11
the state treasurer out of the state general fund. The funds so drawn shall be disbursed only12
in accordance with a budget approved by the Legislative Budgetary Control Council and13
subject to the budgetary control of said council.14
Section 6.A. The sum of Eight Million One Hundred Forty-Nine Thousand Six15
Hundred Forty-Three and No/100 ($8,149,643.00) Dollars is hereby allocated out of the total16
appropriation from the state general fund made in Section 1 of this Act and one-half of the17
balance on June 30, 2010 of the fund created pursuant to Section 13 of Act 513 of the 200818
Regular Session is hereby appropriated to the Legislative Budgetary Control Council, to pay19
the expenses thereof, including salaries and expenses of its employees, expenses of the Huey20
P. Long Memorial Law Library, the David R. Poynter Legislative Research Library,21
contracts for professional services, mileage and per diem expenses of the interim activities22
of joint legislative committees created by statute or by the presiding officers of the Senate23
and the House of Representatives to which no specific allocation of funds is made in this24
Act, as approved by the council or, jointly, by the co-chairmen of the council, the cost of25
construction, maintenance, and renovations to the capitol building, capitol annex building,26
pentagon courts, and arsenal building, and purchase, maintenance, and repair of furniture and27
equipment, as jointly approved by the president of the Senate and the speaker of the House28
of Representatives, the cost of equipment, dues to legislative associations, to pay costs to29 HLS 10RS-1258 ENGROSSED
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maintain actuarial integrity of the state retirement system affected by the inclusion of certain1
legislative employees, and all other expenses incurred by said council in connection with the2
operation thereof during the 2010-2011 Fiscal Year.3
B. The co-chairmen of the Legislative Budgetary Control Council, on their joint4
signature, shall warrant on the state treasurer for the monies appropriated and allocated by5
this Section, and the state treasurer shall pay their warrants by preference over all other6
warrants, except warrants for the salaries of constitutional officers of the state, which shall7
be concurrent with warrants provided for by this Act.8
C. The funds drawn as provided herein shall be deposited in the name of the9
Legislative Budgetary Control Council in an approved bank located in this state selected by10
the presiding co-chairmen of the council. Payment of per diem and mileage, salaries of the11
officers and employees, and other expenses of the Legislative Budgetary Control Council12
shall be made by individual check, payable to the person or firm entitled thereto, signed by13
the presiding co-chairmen of the council. Facsimile signatures may be used.14
D. Any portion of the funds herein allocated to the Legislative Budgetary Control15
Council, any portion of the funds previously appropriated, including those appropriated in16
Act Nos. 60 and 122 of the 2009 Regular Session, or interest earnings on any such17
appropriations, and self-generated revenues are hereby appropriated and may be used to pay18
any expenses of the Legislative Budgetary Control Council during the 2010-2011 Fiscal19
Year; however, all funds remaining unexpended and/or unencumbered shall be returnable20
to the state general fund on or before October 1, 2011.21
Section 7. Notwithstanding any other provision of law to the contrary, the per diem22
rate and the salaries for the members and officers of the legislature for the 2010-2011 fiscal23
year shall not exceed the rate and amount as they were established on June 30, 2010.24
Notwithstanding any other provision of law to the contrary, the monthly allotment available25
to a member of the legislature during the 2010-2011 fiscal year to employ one or more26
legislative assistants shall not exceed the amount of such monthly allotment available to that27
member as established on June 30, 2010. Notwithstanding any other provision of law to the28 HLS 10RS-1258 ENGROSSED
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contrary, no legislative employee shall be eligible for or granted a merit increase during the1
2010-2011 fiscal year.2
Section 8. This Act shall become effective on July 1, 2010; if vetoed by the governor3
and subsequently approved by the legislature, this Act shall become effective on July 1,4
2010, or on the day following such approval by the legislature, whichever is later.5
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)]
Tucker HB No. 1417
Provides for the expenses of the legislature and legislative service agencies. Appropriates
$67,383,123 from the state general fund for FY 2010-11 including the following:
House of Representatives $27,607,568
Senate $18,841,703
Auditor $9,314,823
Legislative Fiscal Office $2,435,877
Louisiana State Law Institute $1,033,509
Legislative Budgetary Control Council $8,149,643
Total state general fund $67,383,123
Provides for the allocation of funds for salaries and allowances of members, officers, and
staff of the House and Senate. Provides that one-half of the balance on 6/30/10 of the fund
created by Act 513, ยง13 of 2008 RS is appropriated to the Legislative Budgetary Control
Council.
Appropriates $350,000 from the state general fund to establish the Legislative Auditor
Ancillary Enterprise Fund as an agency working capital fund; appropriates $21,419,566 from
the fund, which is authorized to be used for expenses of the auditor's office.
Retains provisions of existing law allowing legislative assistants who were employed on or
before Dec. 1, 2007, to retain the salary they were earning on Dec. 1, 2007.
Proposed law provides that for FY 2010-11 the per diem and salaries of members and
officers of the legislature shall not increase over the rate on June 30, 2010. Proposed law
further provides that the monthly allotment during FY 2010-11 available to a member of the
legislature to employ one or more legislative assistants shall not exceed the monthly amount
available to each member on June 30, 2010. Proposed law provides that no legislative
employee shall be eligible for or granted a merit increase during FY 2010-11.
Effective July 1, 2010.