HLS 17RS-665 ENGROSSED 2017 Regular Session HOUSE BILL NO. 665 BY REPRESENTATIVE BARRAS LEGISLATIVE EXPENSES: Makes appropriations for the expenses of the legislature for Fiscal Year 2017-2018 1 AN ACT 2To appropriate funds for Fiscal Year 2017-2018 to defray the expenses of the Louisiana 3 Legislature, including the expenses of the House of Representatives and the Senate, 4 of legislative service agencies, and of the Louisiana State Law Institute; to provide 5 for the salary, expenses, and allowances of members, officers, staff, and agencies of 6 the Legislature; to provide with respect to the appropriations and allocations herein 7 made; and to provide for related matters. 8Be it enacted by the Legislature of Louisiana: 9 Section 1. The sum of Seventy-Three Million Four Hundred Thirty-One Thousand 10Eight Hundred Twenty-Six and No/100 ($73,431,826.00) Dollars, or so much thereof as may 11be necessary, is hereby appropriated out of the state general fund and the sum of Twenty- 12Two Million Three Hundred Seventy-Three Thousand Five Hundred Sixty-Seven and 13No/100 ($22,373,567.00) Dollars is hereby appropriated out of self-generated funds to 14defray the expenses of the legislature, including the House of Representatives and the 15Senate, the staffs of the House of Representatives and of the Senate, the Legislative Auditor, 16the Legislative Fiscal Office, the Legislative Budgetary Control Council, and the Louisiana 17State Law Institute. 18 Section 2.(A)(1) Out of the total amount herein appropriated from the state general, 19fund, Fifty Million Seven Hundred Sixty-Two Thousand Seven Hundred Ninety-Eight and 20No/100 ($50,762,798.00) Dollars is hereby allocated to provide the salary and allowances 21of members, officers, and staff of the House of Representatives, and the salary and Page 1 of 10 HLS 17RS-665 ENGROSSED HB NO. 665 1allowances for the speaker of the House of Representatives and for expenses of his office, 2including reimbursement for actual expenses as presiding officer and for his service to or for 3the benefit of the House of Representatives, the legislature, the legislative branch of 4government, or the state, as determined by the speaker, and to provide the salary and 5allowances of members, officers, and staff of the Senate, and the salary and allowances for 6the president of the Senate and for expenses of his office, including reimbursement for actual 7expenses as presiding officer and for his service to or for the benefit of the Senate, the 8legislature, the legislative branch of government, or the state, as determined by the president 9of the Senate. These funds also shall be used to pay mileage and per diem of the members 10of the legislature and mileage and per diem expenses of committees; salaries and/or expense 11allowances of officers and employees of the legislature; costs of renovations, maintenance, 12repairs, and necessary additions to the House and/or Senate chambers and other legislative 13rooms; audio-visual systems, information networks, technological enhancements, and 14technical support; printing the bills, journals, and calendars; computer equipment and 15services; library services; provision of accessibility services for persons with disabilities 16during sessions of the legislature and during the interim; and for all other expenses of the 17legislature. Notwithstanding any other provision of the law to the contrary, any and all 18monies paid to an employee of the legislature shall be used to determine full-time status and 19for the eligibility and calculation of all benefits, including, but not limited to, retirement and 20insurance. This provision shall be remedial in nature and shall not eliminate or reduce any 21current benefits of a legislative employee. In addition to the amounts and limitations 22provided in R.S. 24:31.5, these funds shall also be used to provide an additional two hundred 23seventy-five dollars per month to the total amount available to each legislator for the salary 24of his legislative assistants which shall be obtained and disbursed as hereinafter provided. 25 (2) Notwithstanding the provisions of R.S. 24:31.5, any legislative assistant 26employed on or before December 1, 2007, may retain the salary they were earning on 27December 1, 2007. 28 (B) Of the sum above allocated to the two houses of the legislature, Twenty-Eight 29Million Nine Hundred Ninety-Eight Thousand Three Hundred and No/100 ($28,998,300.00) 30Dollars is hereby set aside and allocated for the use of the House of Representatives and Page 2 of 10 HLS 17RS-665 ENGROSSED HB NO. 665 1Twenty-One Million Seven Hundred Sixty-Four Thousand Four Hundred Ninety-Eight and 2No/100 ($21,764,498.00) Dollars for the use of the Senate. 3 (C) The presiding officer of each house shall warrant on the state treasurer in favor 4of the House of Representatives or the Senate, as the case may be, for the allocation herein 5provided, or for so much thereof as may be necessary. The aforesaid warrants shall be paid 6out of the state general fund, and the state treasurer shall pay said warrants by preference 7over all other warrants, except warrants for the salaries of constitutional officers of the state, 8which shall be concurrent with the warrants provided for by this Act. 9 (D)(1) The funds drawn as provided herein shall be deposited in the name of the 10House of Representatives or the Senate, as the case may be, in an approved bank located in 11this state selected by the presiding officer of each house. Payment of per diem and mileage, 12salaries of the members, officers, and employees, and other expenses of the legislature shall 13be made by individual check, payable to the person or firm entitled thereto, signed by the 14presiding officer of the House of Representatives as to disbursements by the House, and as 15to disbursements by the Senate, signed by the president of the Senate. Facsimile signatures 16may be used; such payment also may be made by electronic funds transfer through the 17automated clearing house and deposited into the account of the person or firm entitled to 18such payment. 19 (2) Copies of legislative documents of the Senate and the House shall be provided 20at fees according to policy and schedules adopted by the secretary of the Senate and clerk 21of the House, jointly, and approved by the president of the Senate and the speaker of the 22House, jointly. Funds derived from the sale of legislative documents of the Senate and the 23House during the 2018 Regular Session shall be used to offset the cost of printing the 24journals and calendars. 25 (3) The legislature is hereby expressly authorized to receive and expend any monies 26received as a result of any grants or donations or other forms of assistance as provided for 27in Article VII, Section 9(A)(1) of the Louisiana Constitution of 1974. 28 (E) Any portion of the funds herein allocated to the two houses, any portion of the 29funds previously appropriated or interest earnings on such appropriations and any self- 30generated revenues that are not required for the expenses of the 2017 Regular Session of the Page 3 of 10 HLS 17RS-665 ENGROSSED HB NO. 665 1Legislature, including printing and all expenses in connection therewith, are hereby 2appropriated and may be used to pay the mileage, per diem, expenses of committees, and any 3other expenses of the legislature during the 2017-2018 Fiscal Year; however, all funds 4remaining unexpended and/or unencumbered shall be returnable to the state general fund on 5or before October 1, 2018. 6 Section 3.(A) The sum of Ten Million Ninety-Three Thousand Eight Hundred 7Thirty-Eight and No/100 ($10,093,838.00) Dollars is hereby allocated out of the total 8appropriation from the state general fund made in Section 1 of this Act to the legislative 9auditor, to pay the expenses of his office, including the salaries and expenses of his 10employees, the costs of equipment, and all other expenses incurred by that office in 11connection with the operation thereof during the 2017-2018 Fiscal Year. 12 (B)(1) The sum of Three Hundred Fifty Thousand and No/100 ($350,000.00) Dollars 13is hereby appropriated, payable from the state general fund, to establish an agency working 14capital fund to be known as the Legislative Auditor Ancillary Enterprise Fund. Of the funds 15available in the ancillary enterprise fund, the sum of Twenty-Two Million Three Hundred 16Seventy-Three Thousand Five Hundred Sixty-Seven and No/100 ($22,373,567.00) Dollars 17is authorized to be used by the legislative auditor, in addition to the amount allocated in 18Section 3.(A) hereof, to pay the expenses of his office, including the salaries and expenses 19of his employees, the costs of equipment, and all other expenses incurred by that office in 20connection with the operations thereof during the 2017-2018 Fiscal Year. 21 (2) The legislative auditor, in addition to the authority contained in R.S. 24:517.1, 22shall be authorized to receive reimbursement of actual expenses of audits performed on 23federally funded programs, both direct and indirect, and regulatory boards funded primarily 24from fees and self-generated revenues and self-supported enterprise functions for the 25purpose of generating revenue to pay expenses as provided in Section 3.(B)(1) of this Act. 26Reimbursement for audits performed on federally funded programs shall be limited to 27reimbursement authorized by federal laws and regulations. 28 (3) Notwithstanding any provision of the law to the contrary, including the General 29Appropriation Act, in addition to the authority contained in R.S. 24:517.1 and 517.3, the 30legislative auditor is authorized to allocate and collect from each auditee included in the Page 4 of 10 HLS 17RS-665 ENGROSSED HB NO. 665 1state's Comprehensive Annual Financial Report, exclusive of those auditees audited by 2independent certified public accountants, such amounts as may be reasonably necessary to 3compensate the legislative auditor for services rendered and costs incurred in connection 4with the audit of each auditee. In the collection of such amounts, the legislative auditor 5shall, on or after the first day of July of each year, notify and warrant, without any other 6approval, the state treasurer of the amount allocated to each auditee. The state treasurer, 7upon receipt of said notice and warrant, shall transfer forthwith the amounts allocated to 8each auditee from monies accruing or available to the auditee to the Legislative Auditor 9Ancillary Enterprise Fund. Notwithstanding the foregoing, the sum of all amounts allocated 10to all such auditees shall not exceed the amount appropriated to the legislative auditor from 11the Legislative Auditor Ancillary Enterprise Fund in accordance with Section 3.(B)(1) 12herein. 13 (C) In the conduct of such functions all receipts of self-generated revenues shall be 14deposited in the state treasury to the credit of the Legislative Auditor Ancillary Enterprise 15Fund and disbursements made by the state treasurer to the extent of the amounts deposited 16to the credit of such fund in accordance with provisions of law governing expenditures. All 17monies from self-generated revenue of the legislative auditor's office shall be paid to the 18Legislative Auditor Ancillary Enterprise Fund and shall be deemed to be available for 19expenditure in the amount herein appropriated, and any increase in self-generated revenue 20over the amount herein appropriated shall be available for expenditure by the legislative 21auditor only on approval by the co-chairmen of the Legislative Budgetary Control Council. 22 (D) The legislative auditor shall warrant on the state treasurer for the monies 23allocated by this Section, and the warrant shall be paid by the state treasurer out of the state 24general fund. The funds so drawn shall be disbursed only in accordance with budgeted 25amounts provided herein and such amendments as may be approved by the Legislative 26Budgetary Control Council. 27 (E) In addition to any portion of the funds herein allocated in this Section to the 28legislative auditor, any portion of the funds previously appropriated to the legislative auditor, 29and all other revenue and funds of the legislative auditor, or interest earnings, are hereby 30appropriated and may be used to defray the expenses of the legislative auditor. These funds Page 5 of 10 HLS 17RS-665 ENGROSSED HB NO. 665 1shall be subject to warrant by the legislative auditor on the state treasurer, in an amount not 2to exceed the total balance remaining at the end of the previous fiscal year; however, all 3funds remaining unexpended and/or unencumbered shall be returnable to the state general 4fund on or before October 1, 2018. 5 Section 4.(A) The sum of Two Million Eight Hundred Eighty-Six Thousand Six 6Hundred Sixty-Four and No/100 ($2,886,664.00) Dollars is hereby allocated out of the total 7appropriation from the state general fund made in Section 1 of this Act to the Joint 8Legislative Committee on the Budget, to be used solely for the operations of the Legislative 9Fiscal Office and in particular to pay the expenses thereof, including the salaries and 10expenses of its employees, the cost of equipment, and all other expenses incurred by said 11office in connection with the operation thereof during the 2017-2018 Fiscal Year. The 12operations and functions of the Legislative Fiscal Office shall be under the direction and 13supervision of the Joint Legislative Committee on the Budget. Any contracts for consultant 14services shall be approved by the Legislative Budgetary Control Council and the Joint 15Legislative Committee on the Budget. 16 (B) The legislative fiscal officer shall warrant on the state treasurer for the allocation 17provided by this Section, and the warrant shall be paid by the state treasurer out of the state 18general fund. The funds so drawn shall be disbursed only in accordance with a budget 19approved by the Joint Legislative Committee on the Budget and the Legislative Budgetary 20Control Council. 21 (C) Any portion of the funds herein allocated to the Legislative Fiscal Office, any 22portion of the funds previously appropriated or interest earnings on such appropriations and 23any self-generated revenues that are not required for the expenses of the 2017 Regular 24Session of the Legislature, including printing and all expenses in connection therewith, are 25hereby appropriated and may be used to pay expenses of the Legislative Fiscal Office during 26the 2017-2018 Fiscal Year; however, all funds remaining unexpended and/or unencumbered 27shall be returnable to the state general fund on or before October 1, 2018. 28 Section 5.(A) The sum of One Million One Hundred Thirty-One Thousand Four 29Hundred One and No/100 ($1,131,401.00) Dollars is hereby allocated out of the total 30appropriation from the state general fund made in Section 1 of this Act to the Louisiana State Page 6 of 10 HLS 17RS-665 ENGROSSED HB NO. 665 1Law Institute, to pay the expenses thereof, including the salaries and expenses of its 2employees, the cost of equipment, and all other expenses incurred by said office in 3connection with the operation thereof during the 2017-2018 Fiscal Year. 4 (B) The executive director of the Louisiana State Law Institute shall warrant on the 5state treasurer for the allocation provided by this Section, and the warrant shall be paid by 6the state treasurer out of the state general fund. The funds so drawn shall be disbursed only 7in accordance with a budget approved by the Legislative Budgetary Control Council and 8subject to the budgetary control of said council. 9 (C) Any portion of the funds herein allocated to the Louisiana State Law Institute, 10any portion of the funds previously appropriated or interest earnings on such appropriations 11and any self-generated revenues may be used to pay expenses of the Louisiana State Law 12Institute during the 2017-2018 Fiscal Year; however, all funds remaining unexpended and/or 13unencumbered shall be returnable to the state general fund on or before October 1, 2018. 14 Section 6.(A) The sum of Eight Million Five Hundred Fifty-Seven Thousand One 15Hundred Twenty-Five and No/100 ($8,557,125.00) Dollars is hereby allocated out of the 16total appropriation from the state general fund made in Section 1 of this Act and the balance 17on July 2, 2017 of the fund created pursuant to Section 13 of Act 513 of the 2008 Regular 18Session is hereby appropriated to the Legislative Budgetary Control Council, all of which 19may be used to pay the expenses thereof, including salaries and expenses of certain 20legislative employees, expenses of the Huey P. Long Memorial Law Library, the David R. 21Poynter Legislative Research Library, contracts for professional services, mileage and per 22diem expenses of the interim activities of joint legislative committees created by statute or 23by the presiding officers of the Senate and the House of Representatives to which no specific 24allocation of funds is made in this Act, as approved by the council or, jointly, by the co- 25chairmen of the council, the cost of construction, maintenance, repair, improvements, 26renovations, and access to the capitol building, capitol annex building, building for 27legislative use, pentagon courts, and arsenal building, and adjacent grounds, and purchase, 28maintenance, and repair of furniture and equipment, audio-visual systems, information 29networks, technological enhancements, technical support, and computer equipment and 30services, as jointly approved by the president of the Senate and the speaker of the House of Page 7 of 10 HLS 17RS-665 ENGROSSED HB NO. 665 1Representatives, the cost of equipment, dues to legislative associations, to pay costs to 2maintain actuarial integrity of the state retirement system affected by the inclusion of certain 3legislative employees, and all other expenses incurred by said council in connection with the 4operation thereof during the 2017-2018 Fiscal Year. 5 (B) The co-chairmen of the Legislative Budgetary Control Council shall jointly 6warrant on the state treasurer for the monies appropriated and allocated by this Section, and 7the state treasurer shall pay their warrants by preference over all other warrants, except 8warrants for the salaries of constitutional officers of the state, which shall be concurrent with 9warrants provided for by this Act. 10 (C) The funds drawn as provided herein shall be deposited in the name of the 11Legislative Budgetary Control Council in an approved bank located in this state selected by 12the presiding co-chairmen of the council. Payment of per diem and mileage, salaries of the 13officers and employees, and other expenses of the Legislative Budgetary Control Council 14shall be made by individual check, payable to the person or firm entitled thereto, signed by 15the presiding co-chairmen of the council. Facsimile signatures may be used; such payment 16also may be made by electronic funds transfer through the automated clearing house and 17deposited into the account of the person or firm entitled to such payment. 18 (D) Any portion of the funds herein allocated to the Legislative Budgetary Control 19Council, any portion of the funds previously appropriated, or interest earnings on any such 20appropriations, and self-generated revenues are hereby appropriated and may be used to pay 21any expenses of the Legislative Budgetary Control Council during the 2017-2018 Fiscal 22Year; however, all funds remaining unexpended and/or unencumbered shall be returnable 23to the state general fund on or before October 1, 2018. 24 Section 7. The appropriations, and the allocations of such appropriations, from the 25State General Fund (Direct) contained in Section 1 of this Act shall be reduced by a total 26amount of Ten Million Nine Hundred Fifty-Eight Thousand Eight Hundred Seventy and 27No/100 ($10,958,870.00) Dollars, pursuant to a plan adopted by the Legislative Budgetary 28Control Council. Page 8 of 10 HLS 17RS-665 ENGROSSED HB NO. 665 1 Section 8. In accordance with R.S. 39:51(D), a comparative statement of the existing 2operating budget for FY 2015-2016 and FY 2016-2017 and the appropriation for FY 2017- 32018 from the state general fund is as follows: 4Entity FY 2015-2016 FY 2016-2017 FY 2017-2018 5 (Act 76 of 2015) (Act 77 of 2016) 6House of Representatives $28,998,300 $26,098,470 $28,998,300 7Senate $21,764,498 $19,588,048 $21,764,498 8Legislative Auditor $10,014,823 $9,013,341 $10,093,838 9Legislative Fiscal Office $2,886,664 $2,597,998 $2,886,664 10La. State Law Institute $1,131,401 $1,018,261 $1,131,401 11Legislative Budgetary 12 Control Council $8,557,125 $7,701,412 $8,557,125 13Total state general fund $73,352,811 $66,017,530 $73,431,826 14 The Legislative Auditor for FY 2015-2016 was appropriated self-generated funds in 15the amount of $24,954,064, for FY 2016-2017 was appropriated self-generated funds in the 16amount of $22,584,095, and for FY 2017-2018 is appropriated self-generated funds in the 17amount of $22,373,567. The Legislative Budgetary Control Council for FY 2015-2016 was 18appropriated the balance of the technology fund on July 2, 2015, for FY 2016-2017 was 19appropriated the balance on July 2, 2016, and for FY 2017-2018 is appropriated the balance 20on July 2, 2017 of said fund. 21 Act 3 of the First Extraordinary Session of the Legislature of Louisiana reduced the 22State General Fund (Direct appropriation) for FY 2016-2017 for the legislature in the 23amount of $3,544,574 and further required the legislative auditor to remit $2,000,000 from 24the Legislative Auditor Ancillary Enterprise Fund to the state treasurer for deposit into the 25state general fund. 26 Section 9. This Act shall become effective on July 1, 2017; if vetoed by the governor 27and subsequently approved by the legislature, this Act shall become effective on July 1, 282017, or on the day following such approval by the legislature, whichever is later. Page 9 of 10 HLS 17RS-665 ENGROSSED HB NO. 665 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)] HB 665 Engrossed 2017 Regular Session Barras Provides for the expenses of the legislature and legislative service agencies. Appropriates $62,472,956 from the state general fund for FY 2017-2018. Funding for the legislative branch of government is provided as follows: House of Representatives $ 28,998,300 Senate $ 21,764,498 Legislative Auditor $ 10,093,838 Legislative Fiscal Office $ 2,886,664 Louisiana State Law Institute $ 1,131,401 Legislative Budgetary Control Council $ 8,557,125 Total state general fund $ 73,431,826 Provides that appropriations out of State General Fund (Direct) contained in this Act be reduced by a total amount of $10,958,870 pursuant to a plan adopted by the Legislative Budgetary Control Council. 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, 2017, of the fund created by Act 513, ยง13 of 2008 R.S. 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 $22,373,567 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, 2017. Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Appropriations to the original bill: 1. Add requirement that appropriations contained in this Act be reduced by a total amount of $10,958,870 pursuant to a plan adopted by the Legislative Budgetary Control Council. Page 10 of 10