ENROLLED Page 1 of 9 ACT No. 72 Regular Session, 2011 HOUSE BILL NO. 631 BY REPRESENTATIVE TUCKER 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 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. 631 Page 2 of 9 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. 631 Page 3 of 9 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 2012 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 2011 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 2011-2012 Fiscal Year; however, all funds27 remaining unexpended and/or unencumbered shall be returnable to the state general fund on28 or before October 1, 2012.29 Section 3.A. The sum of Nine Million Three Hundred Fourteen Thousand Eight30 Hundred Twenty-Three and No/100 ($9,314,823.00) Dollars is hereby allocated out of the31 ENROLLEDHB NO. 631 Page 4 of 9 total 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 2011-2012 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 Eight Hundred8 Sixty-Nine Thousand Five Hundred Sixty-Six and No/100 ($21,869,566.00) 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 2011-2012 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. 631 Page 5 of 9 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, 2012.24 Section 4.A. The sum of Two Million Four Hundred Thirty Thousand Two Hundred25 Ninety-Seven and No/100 ($2,430,297.00) Dollars is hereby allocated out of the total26 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 2011-2012 Fiscal Year. The31 ENROLLEDHB NO. 631 Page 6 of 9 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 2011 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 2011-2012 Fiscal Year; however, all funds remaining unexpended and/or unencumbered15 shall be returnable to the state general fund on or before October 1, 2012.16 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 2011-2012 Fiscal Year. All unexpended and/or unencumbered funds22 remaining on October 1, 2012, 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 the balance on31 ENROLLEDHB NO. 631 Page 7 of 9 June 30, 2011 of the fund created pursuant to Section 13 of Act 513 of the 2008 Regular1 Session is hereby appropriated to the Legislative Budgetary Control Council, all of which2 may be used to pay the expenses thereof, including salaries and expenses of certain3 legislative employees, expenses of the Huey P. Long Memorial Law Library, the David R.4 Poynter Legislative Research Library, contracts for professional services, mileage and per5 diem expenses of the interim activities of joint legislative committees created by statute or6 by the presiding officers of the Senate and the House of Representatives to which no specific7 allocation of funds is made in this Act, as approved by the council or, jointly, by the co-8 chairmen of the council, the cost of construction, maintenance, renovations, and access to9 the capitol building, capitol annex building, pentagon courts, and arsenal building, and10 purchase, maintenance, and repair of furniture and equipment, audio-visual upgrades,11 technological enhancements, technical support, and computer equipment and services, as12 jointly approved by the president of the Senate and the speaker of the House of13 Representatives, the cost of equipment, dues to legislative associations, to pay costs to14 maintain actuarial integrity of the state retirement system affected by the inclusion of certain15 legislative employees, and all other expenses incurred by said council in connection with the16 operation thereof during the 2011-2012 Fiscal Year.17 B. The co-chairmen of the Legislative Budgetary Control Council shall jointly18 warrant on the state treasurer for the monies appropriated and allocated by this Section, and19 the state treasurer shall pay their warrants by preference over all other warrants, except20 warrants for the salaries of constitutional officers of the state, which shall be concurrent with21 warrants provided for by this Act.22 C. The funds drawn as provided herein shall be deposited in the name of the23 Legislative Budgetary Control Council in an approved bank located in this state selected by24 the presiding co-chairmen of the council. Payment of per diem and mileage, salaries of the25 officers and employees, and other expenses of the Legislative Budgetary Control Council26 shall be made by individual check, payable to the person or firm entitled thereto, signed by27 the presiding co-chairmen of the council. Facsimile signatures may be used; such payment28 also may be made by electronic funds transfer through the automated clearing house and29 deposited into the account of the person or firm entitled to such payment.30 ENROLLEDHB NO. 631 Page 8 of 9 D. Any portion of the funds herein allocated to the Legislative Budgetary Control1 Council, any portion of the funds previously appropriated, or interest earnings on any such2 appropriations, and self-generated revenues are hereby appropriated and may be used to pay3 any expenses of the Legislative Budgetary Control Council during the 2011-2012 Fiscal4 Year; however, all funds remaining unexpended and/or unencumbered shall be returnable5 to the state general fund on or before October 1, 2012.6 Section 7. Notwithstanding any other provision of law to the contrary, the per diem7 rate and the salaries for the members and officers of the legislature for the 2011-2012 fiscal8 year shall not exceed the rate and amount in effect on June 30, 2011. Notwithstanding any9 other provision of law to the contrary, the monthly allotment available to a member of the10 legislature during the 2011-2012 fiscal year to employ one or more legislative assistants11 shall not exceed the amount of such monthly allotment available to that member in effect on12 June 30, 2011. Notwithstanding any other provision of law to the contrary, no legislative13 employee shall be eligible for or granted a merit increase during the 2011-2012 fiscal year.14 Section 8. In accordance with R.S. 39:51(D), a comparative statement of the existing15 operating budget for the 2010-2011 fiscal year and the appropriation for 2011-2012 fiscal16 year is as follows:17 Entity FY 2010-2011 FY 2011-201218 House of Representatives $27,607,568 $27,607,56819 Senate $18,841,703 $18,841,70320 Legislative Auditor $ 9,314,823 $ 9,314,82321 Legislative Fiscal Office $ 2,435,877 $ 2,430,29722 Louisiana State Law Institute $ 1,033,509 $ 1,033,50923 Legislative Budgetary Control 24 Council $ 8,149,643 $ 8,149,64325 Total state general fund $67,383,123 $67,377,54326 The Legislative Auditor for FY 2010-2011 was appropriated self-generated funds in27 the amount of $21,419,566 and for FY 2011-2012 is appropriated self-generated funds in the28 amount of $21,869,566. The Legislative Budgetary Control Council for FY 2010-2011 was29 appropriated one-half the balance of the technology fund as of June 30, 2011 and for FY30 2011-2012 is appropriated the remaining balance of said fund.31 ENROLLEDHB NO. 631 Page 9 of 9 Section 9. This Act shall become effective on July 1, 2011; if vetoed by the governor1 and subsequently approved by the legislature, this Act shall become effective on July 1,2 2011, or on the day following such approval by the legislature, whichever is later.3 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: