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ACT No. 71
Regular Session, 2010
HOUSE BILL NO. 1417
BY REPRESENTATIVE TUCKER
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
of members, officers, and staff of the House of Representatives, and the salary and21
allowances for the speaker of the House of Representatives and for expenses of his office,22
including reimbursement for actual expenses as presiding officer and for his service to or for23
the benefit of the House of Representatives, the legislature, the legislative branch of24
government, or the state, as determined by the speaker, and to provide the salary and25 ENROLLEDHB NO. 1417
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allowances of members, officers, and staff of the Senate, and the salary and allowances for1
the president of the Senate and for expenses of his office, including reimbursement for actual2
expenses as presiding officer and for his service to or for the benefit of the Senate, the3
legislature, the legislative branch of government, or the state, as determined by the president4
of the Senate. These funds also shall be used to pay mileage and per diem of the members5
of the legislature and mileage and per diem expenses of committees; salaries and/or expense6
allowances of officers and employee s of the legislature; costs of renovations, repairs, and7
necessary additions to the House and/or Senate chambers and other legislative rooms; audio-8
visual upgrades, technological enhancements, and technical support; printing the bills,9
journals, and calendars; computer equipment and services; library services; provision of10
accessibility services for persons with disabilities during sessions of the legislature and11
during the interim; and for all other expenses of the legislature. In addition to the amounts12
and limitations provided in R.S. 24:31.5, these funds shall also be used to provide an13
additional two hundred seventy-five dollars per month to the total amount available to each14
legislator for the salary of his legislative assistants, provided that one hundred fifty dollars15
of the additional two hundred seventy-five dollars provided herein shall not be used pursuant16
to R.S. 24:31.5(C) to determine the full-time status or eligibility for benefits for a legislative17
assistant. These amounts shall be obtained and disbursed as hereinafter provided.18
(2) Notwithstanding the provisions of R.S. 24:31.5, any legislative assistant19
employed on or before December 1, 2007, may retain the salary they were earning on20
December 1, 2007.21
B. Of the sum above allocated to the two houses of the legislature, Twenty-Seven22
Million Six Hundred Seven Thousand Five Hundred Sixty-Eight and No/10023
($27,607,568.00) Dollars is hereby set aside and allocated for the use of the House of24
Representatives and Eighteen Million Eight Hundred Forty-One Thousand Seven Hundred25
Three and No/100 ($18,841,703.00) Dollars for the use of the Senate.26
C. The presiding officer of each house shall warrant on the state treasurer in favor27
of the House of Representatives or the Senate, as the case may be, for the allocation herein28
provided, or for so much thereof as may be necessary. The aforesaid warrants shall be paid29
out of the state general fund, and the state treasurer shall pay said warrants by preference30 ENROLLEDHB NO. 1417
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over all other warrants, except warrants for the salaries of constitutional officers of the state,1
which shall be concurrent with the warrants provided for by this Act.2
D.(1) The funds drawn as provided herein shall be deposited in the name of the3
House of Representatives or the Senate, as the case may be, in an approved bank located in4
this state selected by the presiding officer of each house. Payment of per diem and mileage,5
salaries of the members, officers, and employees, and other expenses of the legislature shall6
be made by individual check, payable to the person or firm entitled thereto, signed by the7
presiding officer of the House of Representatives as to disbursements by the House, and as8
to disbursements by the Senate, signed by the president of the Senate. Facsimile signatures9
may be used; such payment also may be made by electronic funds transfer through the10
automated clearing house and deposited into the account of the person or firm entitled to11
such payment.12
(2) Copies of legislative documents of the Senate and the House shall be provided13
at fees according to policy and schedules adopted by the secretary of the Senate and clerk14
of the House, jointly, and approved by the president of the Senate and the speaker of the15
House, jointly. Funds derived from the sale of legislative documents of the Senate and the16
House during the 2011 Regular Session shall be used to offset the cost of printing the17
journals and calendars.18
(3) The legislature is hereby expressly authorized to receive and expend any monies19
received as a result of any grants or donations or other forms of assistance as provided for20
in Article VII, Section 9(A)(1) of the Louisiana Constitution of 1974.21
E. Any portion of the funds herein allocated to the two houses, any portion of the22
funds previously appropriated or interest earnings on such appropriations and any self-23
generated revenues that are not required for the expenses of the 2010 Regular Session of the24
Legislature, including printing and all expenses in connection therewith, are hereby25
appropriated and may be used to pay the mileage, per diem, expenses of committees, and any26
other expenses of the legislature during the 2010-2011 Fiscal Year; however, all funds27
remaining unexpended and/or unencumbered shall be returnable to the state general fund on28
or before October 1, 2011.29
Section 3.A. The sum of Nine Million Three Hundred Fourteen Thousand Eight30
Hundred Twenty-Three and No/100 ($9,314,823) Dollars is hereby allocated out of the total31 ENROLLEDHB NO. 1417
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appropriation from the state general fund made in Section 1 of this Act to the legislative1
auditor, to pay the expenses of his office, including the salaries and expenses of his2
employees, the costs of equipment, and all other expenses incurred by that office in3
connection with the operation thereof during the 2010-2011 Fiscal Year. 4
B.(1) The sum of Three Hundred Fifty Thousand and No/100 ($350,000.00) Dollars5
is hereby appropriated, payable from the state general fund, to establish an agency working6
capital fund to be known as the Legislative Auditor Ancillary Enterprise Fund. Of the funds7
available in the ancillary enterprise fund, the sum of Twenty-One Million Four Hundred8
Nineteen Thousand Five Hundred Sixty-Six and No/100 ($21,419,566.00) Dollars is9
authorized to be used by the legislative auditor, in addition to the amount allocated in10
Section 3.A. hereof, to pay the expenses of his office, including the salaries and expenses11
of his employees, the costs of equipment, and all other expenses incurred by that office in12
connection with the operations thereof during the 2010-2011 Fiscal Year.13
(2) The legislative auditor, in addition to the authority contained in R.S. 24:517.1,14
shall be authorized to receive reimbursement of actual expenses of audits performed on15
federally funded programs, both direct and indirect, and regulatory boards funded primarily16
from fees and self-generated revenues and self-supported enterprise functions for the17
purpose of generating revenue to pay expenses as provided in Section 3.B.(1) of this Act.18
Reimbursement for audits performed on federally funded programs shall be limited to19
reimbursement authorized by federal laws and regulations. 20
(3) Notwithstanding any provision of the law to the contrary, including the General21
Appropriation Act, in addition to the authority contained in R.S. 24:517.1 and 517.3, the22
legislative auditor is authorized to allocate and collect from each auditee included in the23
state's Comprehensive Annual Financial Report, exclusive of those auditees audited by24
independent certified public accountants, such amounts as may be reasonably necessary to25
compensate the legislative auditor for services rendered and costs incurred in connection26
with the audit of each auditee. In the collection of such amounts, the legislative auditor27
shall, on or after the first day of July of each year, notify and warrant, without any other28
approval, the state treasurer of the amount allocated to each auditee. The state treasurer,29
upon receipt of said notice and warrant, shall transfer forthwith the amounts allocated to30
each auditee from monies accruing or available to the auditee to the Legislative Auditor31 ENROLLEDHB NO. 1417
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Ancillary Enterprise Fund. Notwithstanding the foregoing, the sum of all amounts allocated1
to all such auditees shall not exceed the amount appropriated to the legislative auditor from2
the Legislative Auditor Ancillary Enterprise Fund in accordance with Section 3.B.(1) herein.3
C. In the conduct of such functions all receipts of self-generated revenues shall be4
deposited in the state treasury to the credit of the Legislative Auditor Ancillary Enterprise5
Fund and disbursements made by the state treasurer to the extent of the amounts deposited6
to the credit of such fund in accordance with provisions of law governing expenditures. All7
monies from self-generated revenue of the legislative auditor's office shall be paid to the8
Legislative Auditor Ancillary Enterprise Fund and shall be deemed to be available for9
expenditure in the amount herein appropriated, and any increase in self-generated revenue10
over the amount herein appropriated shall be available for expenditure by the legislative11
auditor only on approval of the Legislative Budgetary Control Council. Any transfer of12
excess funds from such category of expenditure to another shall be made only with the13
approval of the Legislative Budgetary Control Council. 14
D. The legislative auditor shall warrant on the state treasurer for the monies15
allocated by this Section, and the warrant shall be paid by the state treasurer out of the state16
general fund. The funds so drawn shall be disbursed only in accordance with budgeted17
amounts provided herein and such amendments as may be approved by the Legislative18
Budgetary Control Council.19
E. Any portion of the funds herein allocated to the legislative auditor, any portion20
of the funds previously appropriated to the legislative auditor, other revenue and funds of21
the legislative auditor or interest earnings are hereby appropriated and may be used to defray22
the expenses of the legislative auditor; however, all funds remaining unexpended and/or23
unencumbered shall be returnable to the state general fund on or before October 1, 2011.24
Section 4.A. The sum of Two Million Four Hundred Thirty-Five Thousand Eight25
Hundred Seventy-Seven and No/100 ($2,435,877.00) Dollars is hereby allocated out of the26
total appropriation from the state general fund made in Section 1 of this Act to the Joint27
Legislative Committee on the Budget, to be used solely for the operations of the Legislative28
Fiscal Office and in particular to pay the expenses thereof, including the salaries and29
expenses of its employees, the cost of equipment, and all other expenses incurred by said30
office in connection with the operation thereof during the 2010-2011 Fiscal Year. The31 ENROLLEDHB NO. 1417
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operations and functions of the Legislative Fiscal Office shall be under the direction and1
supervision of the Joint Legislative Committee on the Budget. Any contracts for consultant2
services shall be approved by the Legislative Budgetary Control Council and the Joint3
Legislative Committee on the Budget.4
B. The legislative fiscal officer shall warrant on the state treasurer for the allocation5
provided by this Section, and the warrant shall be paid by the state treasurer out of the state6
general fund. The funds so drawn shall be disbursed only in accordance with a budget7
approved by the Joint Legislative Committee on the Budget and the Legislative Budgetary8
Control Council. 9
C. Any portion of the funds herein allocated to the Legislative Fiscal Office, any10
portion of the funds previously appropriated or interest earnings on such appropriations and11
any self-generated revenues that are not required for the expenses of the 2010 Regular12
Session of the Legislature, including printing and all expenses in connection therewith, are13
hereby appropriated and may be used to pay expenses of the Legislative Fiscal Office during14
the 2010-2011 Fiscal Year; however, all funds remaining unexpended and/or unencumbered15
shall be returnable to the state general fund on or before October 1, 2011.16
Section 5.A. The sum of One Million Thirty-Three Thousand Five Hundred Nine17
and No/100 ($1,033,509.00) Dollars is hereby allocated out of the total appropriation from18
the state general fund made in Section 1 of this Act to the Louisiana State Law Institute, to19
pay the expenses thereof, including the salaries and expenses of its employees, the cost of20
equipment, and all other expenses incurred by said office in connection with the operation21
thereof during the 2010-2011 Fiscal Year. All unexpended and/or unencumbered funds22
remaining on October 1, 2011, shall be returnable to the state general fund.23
B. The executive director of the Louisiana State Law Institute shall warrant on the24
state treasurer for the allocation provided by this Section, and the warrant shall be paid by25
the state treasurer out of the state general fund. The funds so drawn shall be disbursed only26
in accordance with a budget approved by the Legislative Budgetary Control Council and27
subject to the budgetary control of said council.28
Section 6.A. The sum of Eight Million One Hundred Forty-Nine Thousand Six29
Hundred Forty-Three and No/100 ($8,149,643.00) Dollars is hereby allocated out of the total30
appropriation from the state general fund made in Section 1 of this Act and one-half of the31 ENROLLEDHB NO. 1417
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balance on June 30, 2010 of the fund created pursuant to Section 13 of Act 513 of the 20081
Regular Session is hereby appropriated to the Legislative Budgetary Control Council, to pay2
the expenses thereof, including salaries and expenses of its employees, expenses of the Huey3
P. Long Memorial Law Library, the David R. Poynter Legislative Research Library,4
contracts for professional services, mileage and per diem expenses of the interim activities5
of joint legislative committees created by statute or by the presiding officers of the Senate6
and the House of Representatives to which no specific allocation of funds is made in this7
Act, as approved by the council or, jointly, by the co-chairmen of the council, the cost of8
construction, maintenance, and renovations to the capitol building, capitol annex building,9
pentagon courts, and arsenal building, and purchase, maintenance, and repair of furniture and10
equipment, as jointly approved by the president of the Senate and the speaker of the House11
of Representatives, the cost of equipment, dues to legislative associations, to pay costs to12
maintain actuarial integrity of the state retirement system affected by the inclusion of certain13
legislative employees, and all other expenses incurred by said council in connection with the14
operation thereof during the 2010-2011 Fiscal Year.15
B. The co-chairmen of the Legislative Budgetary Control Council, on their joint16
signature, shall warrant on the state treasurer for the monies appropriated and allocated by17
this Section, and the state treasurer shall pay their warrants by preference over all other18
warrants, except warrants for the salaries of constitutional officers of the state, which shall19
be concurrent with warrants provided for by this Act.20
C. The funds drawn as provided herein shall be deposited in the name of the21
Legislative Budgetary Control Council in an approved bank located in this state selected by22
the presiding co-chairmen of the council. Payment of per diem and mileage, salaries of the23
officers and employees, and other expenses of the Legislative Budgetary Control Council24
shall be made by individual check, payable to the person or firm entitled thereto, signed by25
the presiding co-chairmen of the council. Facsimile signatures may be used.26
D. Any portion of the funds herein allocated to the Legislative Budgetary Control27
Council, any portion of the funds previously appropriated, including those appropriated in28
Act Nos. 60 and 122 of the 2009 Regular Session, or interest earnings on any such29
appropriations, and self-generated revenues are hereby appropriated and may be used to pay30
any expenses of the Legislative Budgetary Control Council during the 2010-2011 Fiscal31 ENROLLEDHB NO. 1417
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Year; however, all funds remaining unexpended and/or unencumbered shall be returnable1
to the state general fund on or before October 1, 2011.2
Section 7. Notwithstanding any other provision of law to the contrary, the per diem3
rate and the salaries for the members and officers of the legislature for the 2010-2011 fiscal4
year shall not exceed the rate and amount as they were established on June 30, 2010.5
Notwithstanding any other provision of law to the contrary, the monthly allotment available6
to a member of the legislature during the 2010-2011 fiscal year to employ one or more7
legislative assistants shall not exceed the amount of such monthly allotment available to that8
member as established on June 30, 2010. Notwithstanding any other provision of law to the9
contrary, no legislative employee shall be eligible for or granted a merit increase during the10
2010-2011 fiscal year.11
Section 8. This Act shall become effective on July 1, 2010; if vetoed by the governor12
and subsequently approved by the legislature, this Act shall become effective on July 1,13
2010, or on the day following such approval by the legislature, whichever is later.14
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: