Louisiana 2013 2013 Regular Session

Louisiana House Bill HB687 Engrossed / Bill

                    HLS 13RS-1340	REENGROSSED
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Regular Session, 2013
HOUSE BILL NO. 687
BY REPRESENTATIVE KLECKLEY
LEGISLATIVE EXPENSES: Makes appropriations for the expenses of the legislature for
FY 2013-2014
AN ACT1
To appropriate funds for Fiscal Year 2013-2014 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 and the sum of11
Twenty-Three Million Three Hundred Seventy-Nine Thousand Five Hundred Sixty-Six and12
No/100 ($23,379,566.00) Dollars is hereby appropriated out of self-generated funds to13
defray the expenses of the legislature, including the House of Representatives and the14
Senate, the staffs of the House of Representatives and of the Senate, the Legislative Auditor,15
the Legislative Fiscal Office, the Legislative Budgetary Control Council, and the Louisiana16
State Law 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
allowances for the speaker of the House of Representatives and for expenses of his office,22 HLS 13RS-1340	REENGROSSED
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including reimbursement for actual expenses as presiding officer and for his service to or for1
the benefit of the House of Representatives, the legislature, the legislative branch of2
government, or the state, as determined by the speaker, and to provide the salary and3
allowances of members, officers, and staff of the Senate, and the salary and allowances for4
the president of the Senate and for expenses of his office, including reimbursement for actual5
expenses as presiding officer and for his service to or for the benefit of the Senate, the6
legislature, the legislative branch of government, or the state, as determined by the president7
of the Senate.  These funds also shall be used to pay mileage and per diem of the members8
of the legislature and mileage and per diem expenses of committees; salaries and/or expense9
allowances of officers and employees of the legislature; costs of renovations, repairs, and10
necessary additions to the House and/or Senate chambers and other legislative rooms; audio-11
visual upgrades, technological enhancements, and technical support; printing the bills,12
journals, and calendars; computer equipment and services; library services; provision of13
accessibility services for persons with disabilities during sessions of the legislature and14
during the interim; and for all other expenses of the legislature.  Notwithstanding any other15
provision of the law to the contrary, any and all monies paid to an employee of the16
legislature shall be used to determine full-time status and for the eligibility and calculation17
of all benefits, including but not limited to retirement and insurance.  This provision shall18
be remedial in nature and shall not eliminate or reduce any current benefits of a legislative19
employee.  In addition to the amounts and limitations provided in R.S. 24:31.5, these funds20
shall also be used to provide an additional two hundred seventy-five dollars per month to the21
total amount available to each legislator for the salary of his legislative assistants, which22
shall be obtained and disbursed as hereinafter provided.23
(2) Notwithstanding the provisions of R.S. 24:31.5, any legislative assistant24
employed on or before December 1, 2007, may retain the salary they were earning on25
December 1, 2007.26
(B) Of the sum above allocated to the two houses of the legislature, Twenty-Seven27
Million Six Hundred Seven Thousand Five Hundred Sixty-Eight and No/10028
($27,607,568.00) Dollars is hereby set aside and allocated for the use of the House of29 HLS 13RS-1340	REENGROSSED
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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 2014 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 2013 Regular Session of the30 HLS 13RS-1340	REENGROSSED
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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 2013-2014 Fiscal Year; however, all funds3
remaining unexpended and/or unencumbered shall be returnable to the state general fund on4
or before October 1, 2014.5
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 2013-2014 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 2013-2014 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 13RS-1340	REENGROSSED
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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)11
herein. 12
(C) In the conduct of such functions all receipts of self-generated revenues shall be13
deposited in the state treasury to the credit of the Legislative Auditor Ancillary Enterprise14
Fund and disbursements made by the state treasurer to the extent of the amounts deposited15
to the credit of such fund in accordance with provisions of law governing expenditures. All16
monies from self-generated revenue of the legislative auditor's office shall be paid to the17
Legislative Auditor Ancillary Enterprise Fund and shall be deemed to be available for18
expenditure in the amount herein appropriated, and any increase in self-generated revenue19
over the amount herein appropriated shall be available for expenditure by the legislative20
auditor only on approval by the co-chairmen of the Legislative Budgetary Control Council.21
(D) The legislative auditor shall warrant on the state treasurer for the monies22
allocated by this Section, and the warrant shall be paid by the state treasurer out of the state23
general fund. The funds so drawn shall be disbursed only in accordance with budgeted24
amounts provided herein and such amendments as may be approved by the Legislative25
Budgetary Control Council.26
(E) In addition to any portion of the funds herein allocated in this Section to the27
legislative auditor, any portion of the funds previously appropriated to the legislative auditor,28
and all other revenue and funds of the legislative auditor, or interest earnings, are hereby29
appropriated and may be used to defray the expenses of the legislative auditor. These funds30 HLS 13RS-1340	REENGROSSED
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shall be subject to warrant by the legislative auditor on the state treasurer, in an amount not1
to exceed the total balance remaining at the end of the previous fiscal year; however, all2
funds remaining unexpended and/or unencumbered shall be returnable to the state general3
fund on or before October 1, 2014.4
Section 4.(A) The sum of Two Million Four Hundred Thirty Thousand Two5
Hundred Ninety-Seven and No/100 ($2,430,297.00) Dollars is hereby allocated out of the6
total appropriation from the state general fund made in Section 1 of this Act to the Joint7
Legislative Committee on the Budget, to be used solely for the operations of the Legislative8
Fiscal Office and in particular to pay the expenses thereof, including the salaries and9
expenses of its employees, the cost of equipment, and all other expenses incurred by said10
office in connection with the operation thereof during the 2013-2014 Fiscal Year.  The11
operations and functions of the Legislative Fiscal Office shall be under the direction and12
supervision of the Joint Legislative Committee on the Budget. Any contracts for consultant13
services shall be approved by the Legislative Budgetary Control Council and the Joint14
Legislative Committee on the Budget.15
(B) The legislative fiscal officer shall warrant on the state treasurer for the allocation16
provided by this Section, and the warrant shall be paid by the state treasurer out of the state17
general fund.  The funds so drawn shall be disbursed only in accordance with a budget18
approved by the Joint Legislative Committee on the Budget and the Legislative Budgetary19
Control Council. 20
(C) Any portion of the funds herein allocated to the Legislative Fiscal Office, any21
portion of the funds previously appropriated or interest earnings on such appropriations and22
any self-generated revenues that are not required for the expenses of the 2013 Regular23
Session of the Legislature, including printing and all expenses in connection therewith, are24
hereby appropriated and may be used to pay expenses of the Legislative Fiscal Office during25
the 2013-2014 Fiscal Year; however, all funds remaining unexpended and/or unencumbered26
shall be returnable to the state general fund on or before October 1, 2014.27
Section 5.(A) The sum of One Million Thirty-Three Thousand Five Hundred Nine28
and No/100 ($1,033,509.00) Dollars is hereby allocated out of the total appropriation from29
the state general fund made in Section 1 of this Act to the Louisiana State Law Institute, to30 HLS 13RS-1340	REENGROSSED
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pay the expenses thereof, including the salaries and expenses of its employe es, the cost of1
equipment, and all other expenses incurred by said office in connection with the operation2
thereof during the 2013-2014 Fiscal Year.  All unexpended and/or unencumbered funds3
remaining on October 1, 2014, shall be returnable to the state general fund.4
(B) The executive director of the Louisiana State Law Institute shall warrant on the5
state treasurer for the allocation provided by this Section, and the warrant shall be paid by6
the state treasurer out of the state general fund. The funds so drawn shall be disbursed only7
in accordance with a budget approved by the Legislative Budgetary Control Council and8
subject to the budgetary control of said council.9
Section 6.(A) The sum of Eight Million One Hundred Forty-Nine Thousand Six10
Hundred Forty-Three and No/100 ($8,149,643.00) Dollars is hereby allocated out of the total11
appropriation from the state general fund made in Section 1 of this Act and the balance on12
July 2, 2013 of the fund created pursuant to Section 13 of Act 513 of the 2008 Regular13
Session is hereby appropriated to the Legislative Budgetary Control Council, all of which14
may be used to pay the expenses thereof, including salaries and expenses of certain15
legislative employees, expenses of the Huey P. Long Memorial Law Library, the David R.16
Poynter Legislative Research Library, contracts for professional services, mileage and per17
diem expenses of the interim activities of joint legislative committees created by statute or18
by the presiding officers of the Senate and the House of Representatives to which no specific19
allocation of funds is made in this Act, as approved by the council or, jointly, by the co-20
chairmen of the council, the cost of construction, maintenance, renovations, and access to21
the capitol building, capitol annex building, pentagon courts, and arsenal building, and22
purchase, maintenance, and repair of furniture and equipment, audio-visual upgrades,23
technological enhancements, technical support, and computer equipment and services, as24
jointly approved by the president of the Senate and the speaker of the House of25
Representatives, the cost of equipment, dues to legislative associations, to pay costs to26
maintain actuarial integrity of the state retirement system affected by the inclusion of certain27
legislative employees, and all other expenses incurred by said council in connection with the28
operation thereof during the 2013-2014 Fiscal Year.29 HLS 13RS-1340	REENGROSSED
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(B) The co-chairmen of the Legislative Budgetary Control Council shall jointly1
warrant on the state treasurer for the monies appropriated and allocated by this Section, and2
the state treasurer shall pay their warrants by preference over all other warrants, except3
warrants for the salaries of constitutional officers of the state, which shall be concurrent with4
warrants provided for by this Act.5
(C)  The funds drawn as provided herein shall be deposited in the name of the6
Legislative Budgetary Control Council in an approved bank located in this state selected by7
the presiding co-chairmen of the council. Payment of per diem and mileage, salaries of the8
officers and employees, and other expenses of the Legislative Budgetary Control Council9
shall be made by individual check, payable to the person or firm entitled thereto, signed by10
the presiding co-chairmen of the council. Facsimile signatures may be used; such payment11
also may be made by electronic funds transfer through the automated clearing house and12
deposited into the account of the person or firm entitled to such payment.13
(D) Any portion of the funds herein allocated to the Legislative Budgetary Control14
Council, any portion of the funds previously appropriated, or interest earnings on any such15
appropriations, and self-generated revenues are hereby appropriated and may be used to pay16
any expenses of the Legislative Budgetary Control Council during the 2013-2014 Fiscal17
Year; however, all funds remaining unexpended and/or unencumbered shall be returnable18
to the state general fund on or before October 1, 2014.19
Section 7. If in the course of the fiscal year any legislative service agency provided20
for in this Act realizes budget savings through efficiencies, and documented metrics can be21
used to verify that such efficiencies exist, the agency is hereby authorized to use such22
savings to provide for one-time salary supplements for the employees of such agency which23
realizes the savings.24 HLS 13RS-1340	REENGROSSED
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Section 8. In accordance with R.S. 39:51(D), a comparative statement of the existing1
operating budget for the 2012-2013 Fiscal Year and the appropriation for 2013-2014 Fiscal2
Year from the state general fund is as follows:3
Entity	FY 2012-2013 FY 2013-20144
House of Representatives $27,607,568 $27,607,5685
Senate 	$  20,728,093 $20,728,0936
Legislative Auditor $ 9,314,823 $ 9,314,8237
Legislative Fiscal Office $ 2,430,297 $ 2,430,2978
Louisiana State Law Institute 	$    1,033,509           $ 1,033,5099
Legislative Budgetary Control 10
Council 	$8,149,643 $ 8,149,64311
Total state general fund $69,263,933 $69,263,93312
The Legislative Auditor for FY 2012-2013 was appropriated self-generated funds in13
the amount of $23,379,566 and for FY 2013-2014 is appropriated self-generated funds in the14
amount of $23,379,566. The Legislative Budgetary Control Council for FY 2012-2013 was15
appropriated the balance of the technology fund on July 2, 2012 and for FY 2013-2014 is16
appropriated the balance on July 2, 2013 of said fund.17
Section 9. This Act shall become effective on July 1, 2013; if vetoed by the governor18
and subsequently approved by the legislature, this Act shall become effective on July 1,19
2013, or on the day following such approval by the legislature, whichever is later.20
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.  687
Provides for the expenses of the legislature and legislative service agencies.  Appropriates
$69,263,933 from the state general fund for FY 2013-2014 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 HLS 13RS-1340	REENGROSSED
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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, 2013 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. 
Provides that if in the course of the fiscal year any legislative service agency provided for
in proposed law realizes a budget savings through efficiencies, and documented metrics can
be used to verify that such efficiencies exist, the agency is authorized to use the savings to
provide for one-time salary supplements for the employees of the agency which realizes the
savings.
Effective July 1, 2013.
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Adds provision regarding one-time salary supplements for employees of any
legislative service agency that realizes budget savings through efficiencies.