Louisiana 2011 2011 Regular Session

Louisiana House Bill HB631 Introduced / Bill

                    HLS 11RS-525	ORIGINAL
Page 1 of 10
Regular Session, 2011
HOUSE BILL NO. 631
BY REPRESENTATIVE TUCKER
LEGISLATIVE EXPENSES: Makes appropriations for the expenses of the legislature for
FY 2011-2012
AN ACT1
To appropriate funds for Fiscal Year 2011-2012 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 Seventy-Seven Thousand9
Five Hundred Forty-Three and No/100 ($67,377,543.00) Dollars, or so much thereof as may10
be necessary, is hereby appropriated out of the state general fund, the sum of Twenty-One11
Million Eight Hundred Sixty-Nine Thousand Five Hundred Sixty-Six and No/10012
($21,869,566.00) 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 HLS 11RS-525	ORIGINAL
HB NO. 631
Page 2 of 10
allowances for the speaker of the House of Representatives and for expenses of his office,1
including reimbursement for actual expenses as presiding officer and for his service to or for2
the benefit of the House of Representatives, the legislature, the legislative branch of3
government, or the state, as determined by the speaker, and to provide the salary and4
allowances of members, officers, and staff of the Senate, and the salary and allowances for5
the president of the Senate and for expenses of his office, including reimbursement for actual6
expenses as presiding officer and for his service to or for the benefit of the Senate, the7
legislature, the legislative branch of government, or the state, as determined by the president8
of the Senate.  These funds also shall be used to pay mileage and per diem of the members9
of the legislature and mileage and per diem expenses of committees; salaries and/or expense10
allowances of officers and employees of the legislature; costs of renovations, repairs, and11
necessary additions to the House and/or Senate chambers and other legislative rooms; audio-12
visual upgrades, technological enhancements, and technical support; printing the bills,13
journals, and calendars; computer equipment and services; library services; provision of14
accessibility services for persons with disabilities during sessions of the legislature and15
during the interim; and for all other expenses of the legislature. In addition to the amounts16
and limitations provided in R.S. 24:31.5, these funds shall also be used to provide an17
additional two hundred seventy-five dollars per month to the total amount available to each18
legislator for the salary of his legislative assistants, provided that one hundred fifty dollars19
of the additional two hundred seventy-five dollars provided herein shall not be used pursuant20
to R.S. 24:31.5(C) to determine the full-time status or eligibility for benefits for a legislative21
assistant.  These amounts shall be obtained and disbursed as hereinafter provided.22
(2) Notwithstanding the provisions of R.S. 24:31.5, any legislative assistant23
employed on or before December 1, 2007, may retain the salary they were earning on24
December 1, 2007.25
B. Of the sum above allocated to the two houses of the legislature, Twenty-Seven26
Million Six Hundred Seven Thousand Five Hundred Sixty-Eight and No/10027
($27,607,568.00) Dollars is hereby set aside and allocated for the use of the House of28
Representatives and Eighteen Million Eight Hundred Forty-One Thousand Seven Hundred29
Three and No/100 ($18,841,703.00) Dollars for the use of the Senate.30 HLS 11RS-525	ORIGINAL
HB NO. 631
Page 3 of 10
C.  The presiding officer of each house shall warrant on the state treasurer in favor1
of the House of Representatives or the Senate, as the case may be, for the allocation herein2
provided, or for so much thereof as may be necessary.  The aforesaid warrants shall be paid3
out of the state general fund, and the state treasurer shall pay said warrants by preference4
over all other warrants, except warrants for the salaries of constitutional officers of the state,5
which shall be concurrent with the warrants provided for by this Act.6
D.(1)  The funds drawn as provided herein shall be deposited in the name of the7
House of Representatives or the Senate, as the case may be, in an approved bank located in8
this state selected by the presiding officer of each house. Payment of per diem and mileage,9
salaries of the members, officers, and employees, and other expenses of the legislature shall10
be made by individual check, payable to the person or firm entitled thereto, signed by the11
presiding officer of the House of Representatives as to disbursements by the House, and as12
to disbursements by the Senate, signed by the president of the Senate. Facsimile signatures13
may be used; such payment also may be made by electronic funds transfer through the14
automated clearing house and deposited into the account of the person or firm entitled to15
such payment.16
(2)  Copies of legislative documents of the Senate and the House shall be provided17
at fees according to policy and schedules adopted by the secretary of the Senate and clerk18
of the House, jointly, and approved by the president of the Senate and the speaker of the19
House, jointly.  Funds derived from the sale of legislative documents of the Senate and the20
House during the 2012 Regular Session shall be used to offset the cost of printing the21
journals and calendars.22
(3) The legislature is hereby expressly authorized to receive and expend any monies23
received as a result of any grants or donations or other forms of assistance as provided for24
in Article VII, Section 9(A)(1) of the Louisiana Constitution of 1974.25
E. Any portion of the funds herein allocated to the two houses, any portion of the26
funds previously appropriated or interest earnings on such appropriations and any self-27
generated revenues that are not required for the expenses of the 2011 Regular Session of the28
Legislature, including printing and all expenses in connection therewith, are hereby29
appropriated and may be used to pay the mileage, per diem, expenses of committees, and any30 HLS 11RS-525	ORIGINAL
HB NO. 631
Page 4 of 10
other expenses of the legislature during the 2011-2012 Fiscal Year; however, all funds1
remaining unexpended and/or unencumbered shall be returnable to the state general fund on2
or before October 1, 2012.3
Section 3.A. The sum of Nine Million Three Hundred Fourteen Thousand Eight4
Hundred Twenty-Three and No/100 ($9,314,823) Dollars is hereby allocated out of the total5
appropriation from the state general fund made in Section 1 of this Act to the legislative6
auditor, to pay the expenses of his office, including the salaries and expenses of his7
employees, the costs of equipment, and all other expenses incurred by that office in8
connection with the operation thereof during the 2011-2012 Fiscal Year. 9
B.(1) The sum of Three Hundred Fifty Thousand and No/100 ($350,000.00) Dollars10
is hereby appropriated, payable from the state general fund, to establish an agency working11
capital fund to be known as the Legislative Auditor Ancillary Enterprise Fund. Of the funds12
available in the ancillary enterprise fund, the sum of Twenty-One Million Eight Hundred13
Sixty-Nine Thousand Five Hundred Sixty-Six and No/100 ($21,869,566.00) Dollars is14
authorized to be used by the legislative auditor, in addition to the amount allocated in15
Section 3.A. hereof, to pay the expenses of his office, including the salaries and expenses16
of his employees, the costs of equipment, and all other expenses incurred by that office in17
connection with the operations thereof during the 2011-2012 Fiscal Year.18
(2)  The legislative auditor, in addition to the authority contained in R.S. 24:517.1,19
shall be authorized to receive reimbursement of actual expenses of audits performed on20
federally funded programs, both direct and indirect, and regulatory boards funded primarily21
from fees and self-generated revenues and self-supported enterprise functions for the22
purpose of generating revenue to pay expenses as provided in Section 3.B.(1) of this Act.23
Reimbursement for audits performed on federally funded programs shall be limited to24
reimbursement authorized by federal laws and regulations. 25
(3) Notwithstanding any provision of the law to the contrary, including the General26
Appropriation Act, in addition to the authority contained in R.S. 24:517.1 and 517.3, the27
legislative auditor is authorized to allocate and collect from each auditee included in the28
state's Comprehensive Annual Financial Report, exclusive of those auditees audited by29
independent certified public accountants, such amounts as may be reasonably necessary to30 HLS 11RS-525	ORIGINAL
HB NO. 631
Page 5 of 10
compensate the legislative auditor for services rendered and costs incurred in connection1
with the audit of each auditee. In the collection of such amounts, the legislative auditor2
shall, on or after the first day of July of each year, notify and warrant, without any other3
approval, the state treasurer of the amount allocated to each auditee.  The state treasurer,4
upon receipt of said notice and warrant, shall transfer forthwith the amounts allocated to5
each auditee from monies accruing or available to the auditee to the Legislative Auditor6
Ancillary Enterprise Fund. Notwithstanding the foregoing, the sum of all amounts allocated7
to all such auditees shall not exceed the amount appropriated to the legislative auditor from8
the Legislative Auditor Ancillary Enterprise Fund in accordance with Section 3.B.(1) herein.9
C. In the conduct of such functions all receipts of self-generated revenues shall be10
deposited in the state treasury to the credit of the Legislative Auditor Ancillary Enterprise11
Fund and disbursements made by the state treasurer to the extent of the amounts deposited12
to the credit of such fund in accordance with provisions of law governing expenditures. All13
monies from self-generated revenue of the legislative auditor's office shall be paid to the14
Legislative Auditor Ancillary Enterprise Fund and shall be deemed to be available for15
expenditure in the amount herein appropriated, and any increase in self-generated revenue16
over the amount herein appropriated shall be available for expenditure by the legislative17
auditor only on approval of the Legislative Budgetary Control Council.  Any transfer of18
excess funds from such category of expenditure to another shall be made only with the19
approval of the Legislative Budgetary Control Council. 20
D. The legislative auditor shall warrant on the state treasurer for the monies21
allocated by this Section, and the warrant shall be paid by the state treasurer out of the state22
general fund. The funds so drawn shall be disbursed only in accordance with budgeted23
amounts provided herein and such amendments as may be approved by the Legislative24
Budgetary Control Council.25
E. Any portion of the funds herein allocated to the legislative auditor, any portion26
of the funds previously appropriated to the legislative auditor, other revenue and funds of27
the legislative auditor or interest earnings are hereby appropriated and may be used to defray28
the expenses of the legislative auditor; however, all funds remaining unexpended and/or29
unencumbered shall be returnable to the state general fund on or before October 1, 2012.30 HLS 11RS-525	ORIGINAL
HB NO. 631
Page 6 of 10
Section 4.A. The sum of Two Million Four Hundred Thirty Thousand Two Hundred1
Ninety-Seven and No/100 ($2,430,297.00) Dollars is hereby allocated out of the total2
appropriation from the state general fund made in Section 1 of this Act to the Joint3
Legislative Committee on the Budget, to be used solely for the operations of the Legislative4
Fiscal Office and in particular to pay the expenses thereof, including the salaries and5
expenses of its employees, the cost of equipment, and all other expenses incurred by said6
office in connection with the operation thereof during the 2011-2012 Fiscal Year.  The7
operations and functions of the Legislative Fiscal Office shall be under the direction and8
supervision of the Joint Legislative Committee on the Budget. Any contracts for consultant9
services shall be approved by the Legislative Budgetary Control Council and the Joint10
Legislative Committee on the Budget.11
B. The legislative fiscal officer shall warrant on the state treasurer for the allocation12
provided by this Section, and the warrant shall be paid by the state treasurer out of the state13
general fund. The funds so drawn shall be disbursed only in accordance with a budget14
approved by the Joint Legislative Committee on the Budget and the Legislative Budgetary15
Control Council. 16
C. Any portion of the funds herein allocated to the Legislative Fiscal Office, any17
portion of the funds previously appropriated or interest earnings on such appropriations and18
any self-generated revenues that are not required for the expenses of the 2011 Regular19
Session of the Legislature, including printing and all expenses in connection therewith, are20
hereby appropriated and may be used to pay expenses of the Legislative Fiscal Office during21
the 2011-2012 Fiscal Year; however, all funds remaining unexpended and/or unencumbered22
shall be returnable to the state general fund on or before October 1, 2012.23
Section 5.A.  The sum of One Million Thirty-Three Thousand Five Hundred Nine24
and No/100 ($1,033,509.00) Dollars is hereby allocated out of the total appropriation from25
the state general fund made in Section 1 of this Act to the Louisiana State Law Institute, to26
pay the expenses thereof, including the salaries and expenses of its employees, the cost of27
equipment, and all other expenses incurred by said office in connection with the operation28
thereof during the 2011-2012 Fiscal Year.  All unexpended and/or unencumbered funds29
remaining on October 1, 2012, shall be returnable to the state general fund.30 HLS 11RS-525	ORIGINAL
HB NO. 631
Page 7 of 10
B.  The executive director of the Louisiana State Law Institute shall warrant on the1
state treasurer for the allocation provided by this Section, and the warrant shall be paid by2
the state treasurer out of the state general fund. The funds so drawn shall be disbursed only3
in accordance with a budget approved by the Legislative Budgetary Control Council and4
subject to the budgetary control of said council.5
Section 6.A. The sum of Eight Million One Hundred Forty-Nine Thousand Six6
Hundred Forty-Three and No/100 ($8,149,643.00) Dollars is hereby allocated out of the total7
appropriation from the state general fund made in Section 1 of this Act and the balance on8
June 30, 2011 of the fund created pursuant to Section 13 of Act 513 of the 2008 Regular9
Session is hereby appropriated to the Legislative Budgetary Control Council, all of which10
may be used to pay the expenses thereof, including salaries and expenses of certain11
legislative employees, expenses of the Huey P. Long Memorial Law Library, the David R.12
Poynter Legislative Research Library, contracts for professional services, mileage and per13
diem expenses of the interim activities of joint legislative committees created by statute or14
by the presiding officers of the Senate and the House of Representatives to which no specific15
allocation of funds is made in this Act, as approved by the council or, jointly, by the co-16
chairmen of the council, the cost of construction, maintenance, renovations, and access to17
the capitol building, capitol annex building, pentagon courts, and arsenal building, and18
purchase, maintenance, and repair of furniture and equipment, audio-visual upgrades,19
technological enhancements, technical support, and computer equipment and services, as20
jointly approved by the president of the Senate and the speaker of the House of21
Representatives, the cost of equipment, dues to legislative associations, to pay costs to22
maintain actuarial integrity of the state retirement system affected by the inclusion of certain23
legislative employees, and all other expenses incurred by said council in connection with the24
operation thereof during the 2011-2012 Fiscal Year.25
B. The co-chairmen of the Legislative Budgetary Control Council shall jointly26
warrant on the state treasurer for the monies appropriated and allocated by this Section, and27
the state treasurer shall pay their warrants by preference over all other warrants, except28
warrants for the salaries of constitutional officers of the state, which shall be concurrent with29
warrants provided for by this Act.30 HLS 11RS-525	ORIGINAL
HB NO. 631
Page 8 of 10
C. The funds drawn as provided herein shall be deposited in the name of the1
Legislative Budgetary Control Council in an approved bank located in this state selected by2
the presiding co-chairmen of the council. Payment of per diem and mileage, salaries of the3
officers and employees, and other expenses of the Legislative Budgetary Control Council4
shall be made by individual check, payable to the person or firm entitled thereto, signed by5
the presiding co-chairmen of the council. Facsimile signatures may be used; such payment6
also may be made by electronic funds transfer through the automated clearing house and7
deposited into the account of the person or firm entitled to such payment.8
D. Any portion of the funds herein allocated to the Legislative Budgetary Control9
Council, any portion of the funds previously appropriated, or interest earnings on any such10
appropriations, and self-generated revenues are hereby appropriated and may be used to pay11
any expenses of the Legislative Budgetary Control Council during the 2011-2012 Fiscal12
Year; however, all funds remaining unexpended and/or unencumbered shall be returnable13
to the state general fund on or before October 1, 2012.14
Section 7. Notwithstanding any other provision of law to the contrary, the per diem15
rate and the salaries for the members and officers of the legislature for the 2011-2012 fiscal16
year shall not exceed the rate and amount in effect on June 30, 2011. Notwithstanding any17
other provision of law to the contrary, the monthly allotment available to a member of the18
legislature during the 2011-2012 fiscal year to employ one or more legislative assistants19
shall not exceed the amount of such monthly allotment available to that member in effect on20
June 30, 2011.  Notwithstanding any other provision of law to the contrary, no legislative21
employee shall be eligible for or granted a merit increase during the 2011-2012 fiscal year.22
Section 8. In accordance with R.S. 39:51(D), a comparative statement of the existing23
operating budget for the 2010-2011 fiscal year and the appropriation for 2011-2012 fiscal24
year is as follows:25
Entity	FY 2010-2011 FY 2011-201226
House of Representatives $27,607,568 $27,607,56827
Senate 	$18,841,703 $18,841,70328
Legislative Auditor $ 9,314,823 $ 9,314,82329
Legislative Fiscal Office $ 2,435,877 $ 2,430,29730 HLS 11RS-525	ORIGINAL
HB NO. 631
Page 9 of 10
Louisiana State Law Institute 	$1,033,509 $ 1,033,5091
Legislative Budgetary Control 2
Council 	$8,149,643 $ 8,149,6433
Total state general fund $67,383,123 $67,377,5434
The Legislative Auditor for FY 2010-2011 was appropriated self-generated funds in5
the amount of $21,419,566 and for FY 2011-2012 is appropriated self-generated funds in the6
amount of $21,869,566. The Legislative Budgetary Control Council for FY 2010-2011 was7
appropriated one-half the balance of the technology fund as of June 30, 2011 and for FY8
2011-2012 is appropriated the remaining balance of said fund.9
Section 9. This Act shall become effective on July 1, 2011; if vetoed by the governor10
and subsequently approved by the legislature, this Act shall become effective on July 1,11
2011, or on the day following such approval by the legislature, whichever is later.12
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. 631
Provides for the expenses of the legislature and legislative service agencies.  Appropriates
$67,377,543 from the state general fund for FY 2011-12 including the following:
House of Representatives	$ 27,607,568
Senate	$ 18,841,703
Legislative Auditor	$ 9,314,823
Legislative Fiscal Office	$ 2,430,297
Louisiana State Law Institute	$ 1,033,509
Legislative Budgetary Control Council	$ 8,149,643
Total state general fund	$ 67,377,543
Provides for the allocation of funds for salaries and allowances of members, officers, and
staff of the House and Senate. Provides the balance on June 30, 2011 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 $21,869,566 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 2011-12 the per diem and salaries of members and
officers of the legislature shall not increase over the rate on June 30, 2011.  Proposed law
further provides that the monthly allotment during FY 2011-12 available to a member of the
legislature to employ one or more legislative assistants shall not exceed the monthly amount HLS 11RS-525	ORIGINAL
HB NO. 631
Page 10 of 10
available to each member on June 30, 2011.  Proposed law provides that no legislative
employee shall be eligible for or granted a merit increase during FY 2011-12.
Effective July 1, 2011.