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Regular Session, 2012
HOUSE BILL NO. 1044
BY REPRESENTATIVE KLECKLEY
LEGISLATIVE EXPENSES: Makes appropriations for the expenses of the legislature for
FY 2012-2013
AN ACT1
To appropriate funds for Fiscal Year 2012-2013 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-Nine Million Two Hundred Sixty-Three Thousand9
Nine Hundred Thirty-Three and No/100 ($69,263,933.00) Dollars, or so much thereof as10
may be necessary, is hereby appropriated out of the state general fund, the sum of Twenty-11
Three Million Three Hundred Seventy-Nine Thousand Five Hundred Sixty-Six and No/10012
($23,379,566.00) 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-Eight Million Three Hundred Thirty-Five Thousand Six Hundred Sixty-One and19
No/100 ($48,335,661.00) 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 12RS-2282 ORIGINAL
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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. Notwithstanding any other16
provision of the law to the contrary, any and all monies paid to an employee of the17
legislature shall be used to determine full-time status and for the eligibility and calculation18
of all benefits, including, but not limited to, retirement and insurance. This provision shall19
be remedial in nature and shall not eliminate or reduce any current benefits of a legislative20
employee. In addition to the amounts and limitations provided in R.S. 24:31.5, these funds21
shall also be used to provide an additional two hundred seventy-five dollars per month to the22
total amount available to each legislator for the salary of his legislative assistants which shall23
be obtained and disbursed as hereinafter provided.24
(2) Notwithstanding the provisions of R.S. 24:31.5, any legislative assistant25
employed on or before December 1, 2007, may retain the salary they were earning on26
December 1, 2007.27
B. Of the sum above allocated to the two houses of the legislature, Twenty-Seven28
Million Six Hundred Seven Thousand Five Hundred Sixty-Eight and No/10029
($27,607,568.00) Dollars is hereby set aside and allocated for the use of the House of30 HLS 12RS-2282 ORIGINAL
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Representatives and Twenty Million Seven Hundred Twenty-Eight Thousand Ninety- Three1
and No/100 ($20,728,093.00) 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 2013 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
generated revenues that are not required for the expenses of the 2012 Regular Session of the30 HLS 12RS-2282 ORIGINAL
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Legislature, including printing and all expenses in connection therewith, are hereby1
appropriated and may be used to pay the mileage, per diem, expenses of committees, and any2
other expenses of the legislature during the 2012-2013 Fiscal Year; however, all funds3
remaining unexpended and/or unencumbered shall be returnable to the state general fund on4
or before October 1, 2013.5
Section 3.A. The sum of Nine Million Three Hundred Fourteen Thousand Eight6
Hundred Twenty-Three and No/100 ($9,314,823) Dollars is hereby allocated out of the total7
appropriation from the state general fund made in Section 1 of this Act to the legislative8
auditor, to pay the expenses of his office, including the salaries and expenses of his9
employees, the costs of equipment, and all other expenses incurred by that office in10
connection with the operation thereof during the 2012-2013 Fiscal Year. 11
B.(1) The sum of Three Hundred Fifty Thousand and No/100 ($350,000.00) Dollars12
is hereby appropriated, payable from the state general fund, to establish an agency working13
capital fund to be known as the Legislative Auditor Ancillary Enterprise Fund. Of the funds14
available in the ancillary enterprise fund, the sum of Twenty-Three Million Three Hundred15
Seventy-Ni ne Thousand Five Hundred Sixty-Six and No/100 ($23,379,566.00) Dollars is16
authorized to be used by the legislative auditor, in addition to the amount allocated in17
Section 3.A. hereof, to pay the expenses of his office, including the salaries and expenses18
of his employees, the costs of equipment, and all other expenses incurred by that office in19
connection with the operations thereof during the 2012-2013 Fiscal Year.20
(2) The legislative auditor, in addition to the authority contained in R.S. 24:517.1,21
shall be authorized to receive reimbursement of actual expenses of audits performed on22
federally funded programs, both direct and indirect, and regulatory boards funded primarily23
from fees and self-generated revenues and self-supported enterprise functions for the24
purpose of generating revenue to pay expenses as provided in Section 3.B.(1) of this Act.25
Reimbursement for audits performed on federally funded programs shall be limited to26
reimbursement authorized by federal laws and regulations. 27
(3) Notwithstanding any provision of the law to the contrary, including the General28
Appropriation Act, in addition to the authority contained in R.S. 24:517.1 and 517.3, the29
legislative auditor is authorized to allocate and collect from each auditee included in the30 HLS 12RS-2282 ORIGINAL
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state's Comprehensive Annual Financial Report, exclusive of those auditees audited by1
independent certified public accountants, such amounts as may be reasonably necessary to2
compensate the legislative auditor for services rendered and costs incurred in connection3
with the audit of each auditee. In the collection of such amounts, the legislative auditor4
shall, on or after the first day of July of each year, notify and warrant, without any other5
approval, the state treasurer of the amount allocated to each auditee. The state treasurer,6
upon receipt of said notice and warrant, shall transfer forthwith the amounts allocated to7
each auditee from monies accruing or available to the auditee to the Legislative Auditor8
Ancillary Enterprise Fund. Notwithstanding the foregoing, the sum of all amounts allocated9
to all such auditees shall not exceed the amount appropriated to the legislative auditor from10
the Legislative Auditor Ancillary Enterprise Fund in accordance with Section 3.B.(1) herein.11
C. In the conduct of such functions all receipts of self-generated revenues shall be12
deposited in the state treasury to the credit of the Legislative Auditor Ancillary Enterprise13
Fund and disbursements made by the state treasurer to the extent of the amounts deposited14
to the credit of such fund in accordance with provisions of law governing expenditures. All15
monies from self-generated revenue of the legislative auditor's office shall be paid to the16
Legislative Auditor Ancillary Enterprise Fund and shall be deemed to be available for17
expenditure in the amount herein appropriated, and any increase in self-generated revenue18
over the amount herein appropriated shall be available for expenditure by the legislative19
auditor only on approval by the co-chairmen 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. In addition to any portion of the funds herein allocated in this Section to the26
legislative auditor, any portion of the funds previously appropriated to the legislative auditor,27
and all other revenue and funds of the legislative auditor, or interest earnings, are hereby28
appropriated and may be used to defray the expenses of the legislative auditor. These funds29
shall be subject to warrant by the legislative auditor on the state treasurer, in an amount not30 HLS 12RS-2282 ORIGINAL
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to exceed the total balance remaining at the end of the previous fiscal year; however, all1
funds remaining unexpended and/or unencumbered shall be returnable to the state general2
fund on or before October 1, 2013.3
Section 4.A. The sum of Two Million Four Hundred Thirty Thousand Two Hundred4
Ninety-Seven and No/100 ($2,430,297.00) Dollars is hereby allocated out of the total5
appropriation from the state general fund made in Section 1 of this Act to the Joint6
Legislative Committee on the Budget, to be used solely for the operations of the Legislative7
Fiscal Office and in particular to pay the expenses thereof, including the salaries and8
expenses of its employees, the cost of equipment, and all other expenses incurred by said9
office in connection with the operation thereof during the 2012-2013 Fiscal Year. The10
operations and functions of the Legislative Fiscal Office shall be under the direction and11
supervision of the Joint Legislative Committee on the Budget. Any contracts for consultant12
services shall be approved by the Legislative Budgetary Control Council and the Joint13
Legislative Committee on the Budget.14
B. The legislative fiscal officer shall warrant on the state treasurer for the allocation15
provided 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 a budget17
approved by the Joint Legislative Committee on the Budget and the Legislative Budgetary18
Control Council. 19
C. Any portion of the funds herein allocated to the Legislative Fiscal Office, any20
portion of the funds previously appropriated or interest earnings on such appropriations and21
any self-generated revenues that are not required for the expenses of the 2012 Regular22
Session of the Legislature, including printing and all expenses in connection therewith, are23
hereby appropriated and may be used to pay expenses of the Legislative Fiscal Office during24
the 2012-2013 Fiscal Year; however, all funds remaining unexpended and/or unencumbered25
shall be returnable to the state general fund on or before October 1, 2013.26
Section 5.A. The sum of One Million Thirty-Three Thousand Five Hundred Nine27
and No/100 ($1,033,509.00) Dollars is hereby allocated out of the total appropriation from28
the state general fund made in Section 1 of this Act to the Louisiana State Law Institute, to29
pay the expenses thereof, including the salaries and expenses of its employees, the cost of30 HLS 12RS-2282 ORIGINAL
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equipment, and all other expenses incurred by said office in connection with the operation1
thereof during the 2012-2013 Fiscal Year. All unexpended and/or unencumbered funds2
remaining on October 1, 2013, shall be returnable to the state general fund.3
B. The executive director of the Louisiana State Law Institute shall warrant on the4
state treasurer for the allocation provided by this Section, and the warrant shall be paid by5
the state treasurer out of the state general fund. The funds so drawn shall be disbursed only6
in accordance with a budget approved by the Legislative Budgetary Control Council and7
subject to the budgetary control of said council.8
Section 6.A. The sum of Eight Million One Hundred Forty-Nine Thousand Six9
Hundred Forty-Three and No/100 ($8,149,643.00) Dollars is hereby allocated out of the total10
appropriation from the state general fund made in Section 1 of this Act and the balance on11
July 2, 2012 of the fund created pursuant to Section 13 of Act 513 of the 2008 Regular12
Session is hereby appropriated to the Legislative Budgetary Control Council, all of which13
may be used to pay the expenses thereof, including salaries and expenses of certain14
legislative employees, expenses of the Huey P. Long Memorial Law Library, the David R.15
Poynter Legislative Research Library, contracts for professional services, mileage and per16
diem expenses of the interim activities of joint legislative committees created by statute or17
by the presiding officers of the Senate and the House of Representatives to which no specific18
allocation of funds is made in this Act, as approved by the council or, jointly, by the co-19
chairmen of the council, the cost of construction, maintenance, renovations, and access to20
the capitol building, capitol annex building, pentagon courts, and arsenal building, and21
purchase, maintenance, and repair of furniture and equipment, audio-visual upgrades,22
technological enhancements, technical support, and computer equipment and services, as23
jointly approved by the president of the Senate and the speaker of the House of24
Representatives, the cost of equipment, dues to legislative associations, to pay costs to25
maintain actuarial integrity of the state retirement system affected by the inclusion of certain26
legislative employees, and all other expenses incurred by said council in connection with the27
operation thereof during the 2012-2013 Fiscal Year.28
B. The co-chairmen of the Legislative Budgetary Control Council shall jointly29
warrant on the state treasurer for the monies appropriated and allocated by this Section, and30 HLS 12RS-2282 ORIGINAL
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the state treasurer shall pay their warrants by preference over all other warrants, except1
warrants for the salaries of constitutional officers of the state, which shall be concurrent with2
warrants provided for by this Act.3
C. The funds drawn as provided herein shall be deposited in the name of the4
Legislative Budgetary Control Council in an approved bank located in this state selected by5
the presiding co-chairmen of the council. Payment of per diem and mileage, salaries of the6
officers and employees, and other expenses of the Legislative Budgetary Control Council7
shall be made by individual check, payable to the person or firm entitled thereto, signed by8
the presiding co-chairmen of the council. Facsimile signatures may be used; such payment9
also may be made by electronic funds transfer through the automated clearing house and10
deposited into the account of the person or firm entitled to such payment.11
D. Any portion of the funds herein allocated to the Legislative Budgetary Control12
Council, any portion of the funds previously appropriated, or interest earnings on any such13
appropriations, and self-generated revenues are hereby appropriated and may be used to pay14
any expenses of the Legislative Budgetary Control Council during the 2012-2013 Fiscal15
Year; however, all funds remaining unexpended and/or unencumbered shall be returnable16
to the state general fund on or before October 1, 2013.17
Section 7. In accordance with R.S. 39:51(D), a comparative statement of the existing18
operating budget for the 2011-2012 fiscal year and the appropriation for 2012-2013 fiscal19
year from the state general fund is as follows:20
Entity FY 2011-2012 FY 2012-201321
House of Representatives $27,607,568 $27,607,56822
Senate $18,841,703 $20,728,09323
Legislative Auditor $ 9,314,823 $ 9,314,82324
Legislative Fiscal Office $ 2,430,297 $ 2,430,29725
Louisiana State Law Institute $ 1,033,509 $ 1,033,50926
Legislative Budgetary Control 27
Council $8,149,643 $ 8,149,64328
Total state general fund $67,377,543 $69,263,93329 HLS 12RS-2282 ORIGINAL
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The Legislative Auditor for FY 2011-2012 was appropriated self-generated funds in1
the amount of $23,229,566 and for FY 2012-2013 is appropriated self-generated funds in the2
amount of $23,379,566. The Legislative Budgetary Control Council for FY 2011-2012 was3
appropriated the balance of the technology fund at the end of such fiscal year and for FY4
2012-2013 is appropriated the balance on July 2, 2012 of said fund.5
Section 8. This Act shall become effective on July 1, 2012; if vetoed by the governor6
and subsequently approved by the legislature, this Act shall become effective on July 1,7
2012, or on the day following such approval by the legislature, whichever is later.8
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)]
Kleckley HB No. 1044
Provides for the expenses of the legislature and legislative service agencies. Appropriates
$69,263,933 from the state general fund for FY 2012-13 including the following:
House of Representatives $ 27,607,568
Senate $ 20,728,093
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 $ 69,263,933
Provides for the allocation of funds for salaries and allowances of members, officers, and
staff of the House and Senate. Provides the balance on July 2, 2012 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 $23,379,566 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.
Effective July 1, 2012.