Louisiana 2013 Regular Session

Louisiana House Bill HB687 Latest Draft

Bill / Chaptered Version

                            ENROLLED
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ACT No. 74
Regular Session, 2013
HOUSE BILL NO. 687
BY REPRESENTATIVE KLECKLEY
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
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. 687
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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.  Notwithstanding any other12
provision of the law to the contrary, any and all monies paid to an employee of the13
legislature shall be used to determine full-time status and for the eligibility and calculation14
of all benefits, including but not limited to retirement and insurance.  This provision shall15
be remedial in nature and shall not eliminate or reduce any current benefits of a legislative16
employee.  In addition to the amounts and limitations provided in R.S. 24:31.5, these funds17
shall also be used to provide an additional two hundred seventy-five dollars per month to the18
total amount available to each legislator for the salary of his legislative assistants, which19
shall be obtained and disbursed as hereinafter provided.20
(2) Notwithstanding the provisions of R.S. 24:31.5, any legislative assistant21
employed on or before December 1, 2007, may retain the salary they were earning on22
December 1, 2007.23
(B) Of the sum above allocated to the two houses of the legislature, Twenty-Seven24
Million Six Hundred Seven Thousand Five Hundred Sixty-Eight and No/10025
($27,607,568.00) Dollars is hereby set aside and allocated for the use of the House of26
Representatives and Twenty Million Seven Hundred Twenty-Eight Thousand Ninety- Three27
and No/100 ($20,728,093.00) Dollars for the use of the Senate.28
(C) The presiding officer of each house shall warrant on the state treasurer in favor29
of the House of Representatives or the Senate, as the case may be, for the allocation herein30
provided, or for so much thereof as may be necessary.  The aforesaid warrants shall be paid31 ENROLLEDHB NO. 687
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out of the state general fund, and the state treasurer shall pay said warrants by preference1
over all other warrants, except warrants for the salaries of constitutional officers of the state,2
which shall be concurrent with the warrants provided for by this Act.3
(D)(1) The funds drawn as provided herein shall be deposited in the name of the4
House of Representatives or the Senate, as the case may be, in an approved bank located in5
this state selected by the presiding officer of each house. Payment of per diem and mileage,6
salaries of the members, officers, and employees, and other expenses of the legislature shall7
be made by individual check, payable to the person or firm entitled thereto, signed by the8
presiding officer of the House of Representatives as to disbursements by the House, and as9
to disbursements by the Senate, signed by the president of the Senate. Facsimile signatures10
may be used; such payment also may be made by electronic funds transfer through the11
automated clearing house and deposited into the account of the person or firm entitled to12
such payment.13
(2)  Copies of legislative documents of the Senate and the House shall be provided14
at fees according to policy and schedules adopted by the secretary of the Senate and clerk15
of the House, jointly, and approved by the president of the Senate and the speaker of the16
House, jointly.  Funds derived from the sale of legislative documents of the Senate and the17
House during the 2014 Regular Session shall be used to offset the cost of printing the18
journals and calendars.19
(3) The legislature is hereby expressly authorized to receive and expend any monies20
received as a result of any grants or donations or other forms of assistance as provided for21
in Article VII, Section 9(A)(1) of the Louisiana Constitution of 1974.22
(E)  Any portion of the funds herein allocated to the two houses, any portion of the23
funds previously appropriated or interest earnings on such appropriations and any self-24
generated revenues that are not required for the expenses of the 2013 Regular Session of the25
Legislature, including printing and all expenses in connection therewith, are hereby26
appropriated and may be used to pay the mileage, per diem, expenses of committees, and any27
other expenses of the legislature during the 2013-2014 Fiscal Year; however, all funds28
remaining unexpended and/or unencumbered shall be returnable to the state general fund on29
or before October 1, 2014.30 ENROLLEDHB NO. 687
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Section 3.(A) The sum of Nine Million Three Hundred Fourteen Thousand Eight1
Hundred Twenty-Three and No/100 ($9,314,823.00) Dollars is hereby allocated out of the2
total appropriation from the state general fund made in Section 1 of this Act to the legislative3
auditor, to pay the expenses of his office, including the salaries and expenses of his4
employees, the costs of equipment, and all other expenses incurred by that office in5
connection with the operation thereof during the 2013-2014 Fiscal Year. 6
(B)(1)  The sum of Three Hundred Fifty Thousand and No/100 ($350,000.00) Dollars7
is hereby appropriated, payable from the state general fund, to establish an agency working8
capital fund to be known as the Legislative Auditor Ancillary Enterprise Fund. Of the funds9
available in the ancillary enterprise fund, the sum of Twenty-Three Million Three Hundred10
Seventy-Nine Thousand Five Hundred Sixty-Six and No/100 ($23,379,566.00) Dollars is11
authorized to be used by the legislative auditor, in addition to the amount allocated in12
Section 3.(A) hereof, to pay the expenses of his office, including the salaries and expenses13
of his employees, the costs of equipment, and all other expenses incurred by that office in14
connection with the operations thereof during the 2013-2014 Fiscal Year.15
(2) The legislative auditor, in addition to the authority contained in R.S. 24:517.1,16
shall be authorized to receive reimbursement of actual expenses of audits performed on17
federally funded programs, both direct and indirect, and regulatory boards funded primarily18
from fees and self-generated revenues and self-supported enterprise functions for the19
purpose of generating revenue to pay expenses as provided in Section 3.(B)(1) of this Act.20
Reimbursement for audits performed on federally funded programs shall be limited to21
reimbursement authorized by federal laws and regulations. 22
(3) Notwithstanding any provision of the law to the contrary, including the General23
Appropriation Act, in addition to the authority contained in R.S. 24:517.1 and 517.3, the24
legislative auditor is authorized to allocate and collect from each auditee included in the25
state's Comprehensive Annual Financial Report, exclusive of those auditees audited by26
independent certified public accountants, such amounts as may be reasonably necessary to27
compensate the legislative auditor for services rendered and costs incurred in connection28
with the audit of each auditee. In the collection of such amounts, the legislative auditor29
shall, on or after the first day of July of each year, notify and warrant, without any other30
approval, the state treasurer of the amount allocated to each auditee.  The state treasurer,31 ENROLLEDHB NO. 687
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upon receipt of said notice and warrant, shall transfer forthwith the amounts allocated to1
each auditee from monies accruing or available to the auditee to the Legislative Auditor2
Ancillary Enterprise Fund. Notwithstanding the foregoing, the sum of all amounts allocated3
to all such auditees shall not exceed the amount appropriated to the legislative auditor from4
the Legislative Auditor Ancillary Enterprise Fund in accordance with Section 3.(B)(1)5
herein. 6
(C) In the conduct of such functions all receipts of self-generated revenues shall be7
deposited in the state treasury to the credit of the Legislative Auditor Ancillary Enterprise8
Fund and disbursements made by the state treasurer to the extent of the amounts deposited9
to the credit of such fund in accordance with provisions of law governing expenditures. All10
monies from self-generated revenue of the legislative auditor's office shall be paid to the11
Legislative Auditor Ancillary Enterprise Fund and shall be deemed to be available for12
expenditure in the amount herein appropriated, and any increase in self-generated revenue13
over the amount herein appropriated shall be available for expenditure by the legislative14
auditor only on approval by the co-chairmen of the Legislative Budgetary Control Council.15
(D) The legislative auditor shall warrant on the state treasurer for the monies16
allocated 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 budgeted18
amounts provided herein and such amendments as may be approved by the Legislative19
Budgetary Control Council.20
(E) In addition to any portion of the funds herein allocated in this Section to the21
legislative auditor, any portion of the funds previously appropriated to the legislative auditor,22
and all other revenue and funds of the legislative auditor, or interest earnings, are hereby23
appropriated and may be used to defray the expenses of the legislative auditor. These funds24
shall be subject to warrant by the legislative auditor on the state treasurer, in an amount not25
to exceed the total balance remaining at the end of the previous fiscal year; however, all26
funds remaining unexpended and/or unencumbered shall be returnable to the state general27
fund on or before October 1, 2014.28
Section 4.(A) The sum of Two Million Four Hundred Thirty Thousand Two29
Hundred Ninety-Seven and No/100 ($2,430,297.00) Dollars is hereby allocated out of the30
total appropriation from the state general fund made in Section 1 of this Act to the Joint31 ENROLLEDHB NO. 687
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Legislative Committee on the Budget, to be used solely for the operations of the Legislative1
Fiscal Office and in particular to pay the expenses thereof, including the salaries and2
expenses of its employees, the cost of equipment, and all other expenses incurred by said3
office in connection with the operation thereof during the 2013-2014 Fiscal Year.  The4
operations and functions of the Legislative Fiscal Office shall be under the direction and5
supervision of the Joint Legislative Committee on the Budget. Any contracts for consultant6
services shall be approved by the Legislative Budgetary Control Council and the Joint7
Legislative Committee on the Budget.8
(B) The legislative fiscal officer shall warrant on the state treasurer for the allocation9
provided by this Section, and the warrant shall be paid by the state treasurer out of the state10
general fund. The funds so drawn shall be disbursed only in accordance with a budget11
approved by the Joint Legislative Committee on the Budget and the Legislative Budgetary12
Control Council. 13
(C) Any portion of the funds herein allocated to the Legislative Fiscal Office, any14
portion of the funds previously appropriated or interest earnings on such appropriations and15
any self-generated revenues that are not required for the expenses of the 2013 Regular16
Session of the Legislature, including printing and all expenses in connection therewith, are17
hereby appropriated and may be used to pay expenses of the Legislative Fiscal Office during18
the 2013-2014 Fiscal Year; however, all funds remaining unexpended and/or unencumbered19
shall be returnable to the state general fund on or before October 1, 2014.20
Section 5.(A) The sum of One Million Thirty-Three Thousand Five Hundred Nine21
and No/100 ($1,033,509.00) Dollars is hereby allocated out of the total appropriation from22
the state general fund made in Section 1 of this Act to the Louisiana State Law Institute, to23
pay the expenses thereof, including the salaries and expenses of its employees, the cost of24
equipment, and all other expenses incurred by said office in connection with the operation25
thereof during the 2013-2014 Fiscal Year.  All unexpended and/or unencumbered funds26
remaining on October 1, 2014, shall be returnable to the state general fund.27
(B) The executive director of the Louisiana State Law Institute shall warrant on the28
state treasurer for the allocation provided by this Section, and the warrant shall be paid by29
the state treasurer out of the state general fund. The funds so drawn shall be disbursed only30 ENROLLEDHB NO. 687
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in accordance with a budget approved by the Legislative Budgetary Control Council and1
subject to the budgetary control of said council.2
Section 6.(A) The sum of Eight Million One Hundred Forty-Nine Thousand Six3
Hundred Forty-Three and No/100 ($8,149,643.00) Dollars is hereby allocated out of the total4
appropriation from the state general fund made in Section 1 of this Act and the balance on5
July 2, 2013 of the fund created pursuant to Section 13 of Act 513 of the 2008 Regular6
Session is hereby appropriated to the Legislative Budgetary Control Council, all of which7
may be used to pay the expenses thereof, including salaries and expenses of certain8
legislative employees, expenses of the Huey P. Long Memorial Law Library, the David R.9
Poynter Legislative Research Library, contracts for professional services, mileage and per10
diem expenses of the interim activities of joint legislative committees created by statute or11
by the presiding officers of the Senate and the House of Representatives to which no specific12
allocation of funds is made in this Act, as approved by the council or, jointly, by the co-13
chairmen of the council, the cost of construction, maintenance, renovations, and access to14
the capitol building, capitol annex building, pentagon courts, and arsenal building, and15
purchase, maintenance, and repair of furniture and equipment, audio-visual upgrades,16
technological enhancements, technical support, and computer equipment and services, as17
jointly approved by the president of the Senate and the speaker of the House of18
Representatives, the cost of equipment, dues to legislative associations, to pay costs to19
maintain actuarial integrity of the state retirement system affected by the inclusion of certain20
legislative employees, and all other expenses incurred by said council in connection with the21
operation thereof during the 2013-2014 Fiscal Year.22
(B) The co-chairmen of the Legislative Budgetary Control Council shall jointly23
warrant on the state treasurer for the monies appropriated and allocated by this Section, and24
the state treasurer shall pay their warrants by preference over all other warrants, except25
warrants for the salaries of constitutional officers of the state, which shall be concurrent with26
warrants provided for by this Act.27
(C) The funds drawn as provided herein shall be deposited in the name of the28
Legislative Budgetary Control Council in an approved bank located in this state selected by29
the presiding co-chairmen of the council. Payment of per diem and mileage, salaries of the30
officers and employe es, and other expenses of the Legislative Budgetary Control Council31 ENROLLEDHB NO. 687
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shall be made by individual check, payable to the person or firm entitled thereto, signed by1
the presiding co-chairmen of the council. Facsimile signatures may be used; such payment2
also may be made by electronic funds transfer through the automated clearing house and3
deposited into the account of the person or firm entitled to such payment.4
(D) Any portion of the funds herein allocated to the Legislative Budgetary Control5
Council, any portion of the funds previously appropriated, or interest earnings on any such6
appropriations, and self-generated revenues are hereby appropriated and may be used to pay7
any expenses of the Legislative Budgetary Control Council during the 2013-2014 Fiscal8
Year; however, all funds remaining unexpended and/or unencumbered shall be returnable9
to the state general fund on or before October 1, 2014.10
Section 7. In accordance with R.S. 39:51(D), a comparative statement of the existing11
operating budget for the 2012-2013 Fiscal Year and the appropriation for 2013-2014 Fiscal12
Year from the state general fund is as follows:13
Entity	FY 2012-2013 FY 2013-201414
House of Representatives $ 27,607,568 $27,607,56815
Senate 	$   20,728,093 $20,728,09316
Legislative Auditor $  9,314,823$ 9,314,82317
Legislative Fiscal Office $  2,430,297$ 2,430,29718
Louisiana State Law Institute 	$     1,033,509           $ 1,033,50919
Legislative Budgetary Control 20
   Council 	$  8,149,643$ 8,149,64321
Total state general fund $ 69,263,933 $69,263,93322
The Legislative Auditor for FY 2012-2013 was appropriated self-generated funds in23
the amount of $23,379,566 and for FY 2013-2014 is appropriated self-generated funds in the24
amount of $23,379,566. The Legislative Budgetary Control Council for FY 2012-2013 was25
appropriated the balance of the technology fund on July 2, 2012 and for FY 2013-2014 is26
appropriated the balance on July 2, 2013 of said fund.27 ENROLLEDHB NO. 687
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Section 8. This Act shall become effective on July 1, 2013; if vetoed by the governor1
and subsequently approved by the legislature, this Act shall become effective on July 1,2
2013, 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: