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.