HLS 201ES-9 ORIGINAL 2020 First Extraordinary Session HOUSE BILL NO. 8 BY REPRESENTATIVE SCHEXNAYDER FUNDS/FUNDING: Makes appropriations for the expenses of the legislature for Fiscal Year 2020-2021 (Item #3) 1 AN ACT 2To appropriate funds for Fiscal Year 2020-2021 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-Four Million Ninety-Three Thousand Eight Hundred 10Eighty-One and No/100 ($74,093,881.00) Dollars, or so much thereof as may be necessary, 11is hereby appropriated out of the state general fund and the sum of Twenty-Three Million 12Five Hundred Twenty-Five Thousand Forty-Three and No/100 ($23,525,043.00) Dollars is 13hereby appropriated out of self-generated funds to defray the expenses of the legislature, 14including the House of Representatives and the Senate, the staffs of the House of 15Representatives and of the Senate, the Legislative Auditor, the Legislative Fiscal Office, the 16Legislative Budgetary Control Council, and the Louisiana State Law Institute. 17 Section 2.(A)(1) Out of the total amount herein appropriated from the state general 18fund, Fifty Million Seven Hundred Sixty-Two Thousand Seven Hundred Ninety-Eight and 19No/100 ($50,762,798.00) Dollars is hereby allocated to provide the salary and allowances 20of members, officers, and staff of the House of Representatives, and the salary and Page 1 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 201ES-9 ORIGINAL HB NO. 8 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) Page 2 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 201ES-9 ORIGINAL HB NO. 8 1Dollars is hereby set aside and allocated for the use of the House of Representatives and 2Twenty-One Million Seven Hundred Sixty-Four Thousand Four Hundred Ninety-Eight and 3No/100 ($21,764,498.00) Dollars for the use of the Senate. 4 (C) The presiding officer of each house shall warrant on the state treasurer in favor 5of the House of Representatives or the Senate, as the case may be, for the allocation herein 6provided, or for so much thereof as may be necessary. The aforesaid warrants shall be paid 7out of the state general fund, and the state treasurer shall pay said warrants by preference 8over all other warrants, except warrants for the salaries of constitutional officers of the state, 9which shall be concurrent with the warrants provided for by this Act. 10 (D)(1) The funds drawn as provided herein shall be deposited in the name of the 11House of Representatives or the Senate, as the case may be, in an approved bank located in 12this state selected by the presiding officer of each house. Payment of per diem and mileage, 13salaries of the members, officers, and employees, and other expenses of the legislature shall 14be made by individual check, payable to the person or firm entitled thereto, signed by the 15presiding officer of the House of Representatives as to disbursements by the House, and as 16to disbursements by the Senate, signed by the president of the Senate. Facsimile or 17electronic signatures may be used; such payment also may be made by electronic funds 18transfer through the automated clearing house and deposited into the account of the person 19or firm entitled to such payment. 20 (2) Copies of legislative documents of the Senate and the House shall be provided 21at fees according to policy and schedules adopted by the secretary of the Senate and clerk 22of the House, jointly, and approved by the president of the Senate and the speaker of the 23House, jointly. Funds derived from the sale of legislative documents of the Senate and the 24House during legislative sessions shall be used to offset the cost of printing the journals and 25calendars. 26 (3) The legislature is hereby expressly authorized to receive and expend any monies 27received as a result of any grants or donations or other forms of assistance as provided for 28in Article VII, Section 9(A)(1) of the Louisiana Constitution of 1974. Page 3 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 201ES-9 ORIGINAL HB NO. 8 1 (E) Any portion of the funds herein allocated to the two houses, any portion of the 2funds previously appropriated or interest earnings on such appropriations and any self- 3generated revenues that are not required for the expenses of the 2020 Regular Session of the 4Legislature, including printing and all expenses in connection therewith, are hereby 5appropriated and may be used to pay the mileage, per diem, expenses of committees, and any 6other expenses of the legislature during the 2020-2021 Fiscal Year; however, all funds 7remaining unexpended and/or unencumbered shall be returnable to the state general fund on 8or before October 1, 2021. 9 Section 3.(A) The sum of Ten Million Four Hundred Eighty-Three Thousand Seven 10Hundred Eight and No/100 ($10,483,708.00) Dollars is hereby allocated out of the total 11appropriation from the state general fund made in Section 1 of this Act to the legislative 12auditor, to pay the expenses of his office, including the salaries and expenses of his 13employees, the costs of equipment, and all other expenses incurred by that office in 14connection with the operation thereof during the 2020-2021 Fiscal Year. 15 (B)(1) The sum of Three Hundred Fifty Thousand and No/100 ($350,000.00) Dollars 16is hereby appropriated, payable from the state general fund, to establish an agency working 17capital fund to be known as the Legislative Auditor Ancillary Enterprise Fund. Of the funds 18available in the ancillary enterprise fund, the sum of Twenty-Three Million Five Hundred 19Twenty-Five Thousand Forty-Three and No/100 ($23,525,043.00) Dollars is authorized to 20be used by the legislative auditor, in addition to the amount allocated in Section 3.(A) hereof, 21to pay the expenses of his office, including the salaries and expenses of his employees, the 22costs of equipment, and all other expenses incurred by that office in connection with the 23operations thereof during the 2020-2021 Fiscal Year. 24 (2) The legislative auditor, in addition to the authority contained in R.S. 24:517.1, 25shall be authorized to receive reimbursement of actual expenses of audits performed on 26federally funded programs, both direct and indirect, and regulatory boards funded primarily 27from fees and self-generated revenues and self-supported enterprise functions for the 28purpose of generating revenue to pay expenses as provided in Section 3.(B)(1) of this Act. Page 4 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 201ES-9 ORIGINAL HB NO. 8 1Reimbursement for audits performed on federally funded programs shall be limited to 2reimbursement authorized by federal laws and regulations. 3 (3) Notwithstanding any provision of the law to the contrary, including the General 4Appropriation Act, in addition to the authority contained in R.S. 24:517.1 and 517.3, the 5legislative auditor is authorized to allocate and collect from each auditee included in the 6state's Comprehensive Annual Financial Report, exclusive of those auditees audited by 7independent certified public accountants, such amounts as may be reasonably necessary to 8compensate the legislative auditor for services rendered and costs incurred in connection 9with the audit of each auditee. In the collection of such amounts, the legislative auditor 10shall, on or after the first day of July of each year, notify and warrant, without any other 11approval, the state treasurer of the amount allocated to each auditee. The state treasurer, 12upon receipt of said notice and warrant, shall transfer forthwith the amounts allocated to 13each auditee from monies accruing or available to the auditee to the Legislative Auditor 14Ancillary Enterprise Fund. Notwithstanding the foregoing, the sum of all amounts allocated 15to all such auditees shall not exceed the amount appropriated to the legislative auditor from 16the Legislative Auditor Ancillary Enterprise Fund in accordance with Section 3.(B)(1) 17herein. 18 (C) In the conduct of such functions all receipts of self-generated revenues shall be 19deposited in the state treasury to the credit of the Legislative Auditor Ancillary Enterprise 20Fund and disbursements made by the state treasurer to the extent of the amounts deposited 21to the credit of such fund in accordance with provisions of law governing expenditures. All 22monies from self-generated revenue of the legislative auditor's office shall be paid to the 23Legislative Auditor Ancillary Enterprise Fund and shall be deemed to be available for 24expenditure in the amount herein appropriated, and any increase in self-generated revenue 25over the amount herein appropriated shall be available for expenditure by the legislative 26auditor only on approval by the co-chairmen of the Legislative Budgetary Control Council. 27 (D) The legislative auditor shall warrant on the state treasurer for the monies 28allocated by this Section, and the warrant shall be paid by the state treasurer out of the state 29general fund. The funds so drawn shall be disbursed only in accordance with budgeted Page 5 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 201ES-9 ORIGINAL HB NO. 8 1amounts provided herein and such amendments as may be approved by the Legislative 2Budgetary Control Council. 3 (E) In addition to any portion of the funds herein allocated in this Section to the 4legislative auditor, any portion of the funds previously appropriated to the legislative auditor, 5and all other revenue and funds of the legislative auditor, or interest earnings, are hereby 6appropriated and may be used to defray the expenses of the legislative auditor. These funds 7shall be subject to warrant by the legislative auditor on the state treasurer, in an amount not 8to exceed the total balance remaining at the end of the previous fiscal year; however, all 9funds remaining unexpended and/or unencumbered shall be returnable to the state general 10fund on or before October 1, 2021. 11 Section 4.(A) The sum of Three Million One Hundred Fifty-Eight Thousand Eight 12Hundred Forty-Nine and No/100 ($3,158,849.00) Dollars is hereby allocated out of the total 13appropriation from the state general fund made in Section 1 of this Act to the Joint 14Legislative Committee on the Budget, to be used solely for the operations of the Legislative 15Fiscal Office and in particular to pay the expenses thereof, including the salaries and 16expenses of its employees, the cost of equipment, and all other expenses incurred by said 17office in connection with the operation thereof during the 2020-2021 Fiscal Year. The 18operations and functions of the Legislative Fiscal Office shall be under the direction and 19supervision of the Joint Legislative Committee on the Budget. Any contracts for consultant 20services shall be approved by the Legislative Budgetary Control Council and the Joint 21Legislative Committee on the Budget. 22 (B) The legislative fiscal officer shall warrant on the state treasurer for the allocation 23provided 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 a budget 25approved by the Joint Legislative Committee on the Budget and the Legislative Budgetary 26Control Council. 27 (C) Any portion of the funds herein allocated to the Legislative Fiscal Office, any 28portion of the funds previously appropriated or interest earnings on such appropriations and 29any self-generated revenues that are not required for the expenses of the 2020 Regular Page 6 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 201ES-9 ORIGINAL HB NO. 8 1Session of the Legislature, including printing and all expenses in connection therewith, are 2hereby appropriated and may be used to pay expenses of the Legislative Fiscal Office during 3the 2020-2021 Fiscal Year; however, all funds remaining unexpended and/or unencumbered 4shall be returnable to the state general fund on or before October 1, 2021. 5 Section 5.(A) The sum of One Million One Hundred Thirty-One Thousand Four 6Hundred One and No/100 ($1,131,401.00) Dollars is hereby allocated out of the total 7appropriation from the state general fund made in Section 1 of this Act to the Louisiana State 8Law Institute, to pay the expenses thereof, including the salaries and expenses of its 9employees, the cost of equipment, and all other expenses incurred by said office in 10connection with the operation thereof during the 2020-2021 Fiscal Year. 11 (B) The executive director of the Louisiana State Law Institute shall warrant on the 12state treasurer for the allocation provided by this Section, and the warrant shall be paid by 13the state treasurer out of the state general fund. The funds so drawn shall be disbursed only 14in accordance with a budget approved by the Legislative Budgetary Control Council and 15subject to the budgetary control of said council. 16 (C) Any portion of the funds herein allocated to the Louisiana State Law Institute, 17any portion of the funds previously appropriated or interest earnings on such appropriations 18and any self-generated revenues may be used to pay expenses of the Louisiana State Law 19Institute during the 2020-2021 Fiscal Year; however, all funds remaining unexpended and/or 20unencumbered shall be returnable to the state general fund on or before October 1, 2021. 21 Section 6.(A) The sum of Eight Million Five Hundred Fifty-Seven Thousand One 22Hundred Twenty-Five and No/100 ($8,557,125.00) Dollars is hereby allocated out of the 23total appropriation from the state general fund made in Section 1 of this Act and the balance 24on July 2, 2020 of the fund created pursuant to Section 13 of Act 513 of the 2008 Regular 25Session is hereby appropriated to the Legislative Budgetary Control Council, all of which 26may be used to pay the expenses thereof, including salaries and expenses of certain 27legislative employees, expenses of the Huey P. Long Memorial Law Library, the David R. 28Poynter Legislative Research Library, contracts for professional services, mileage and per 29diem expenses of the interim activities of joint legislative committees created by statute or Page 7 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 201ES-9 ORIGINAL HB NO. 8 1by the presiding officers of the Senate and the House of Representatives to which no specific 2allocation of funds is made in this Act, as approved by the council or, jointly, by the co- 3chairmen of the council, the cost of construction, maintenance, repair, improvements, 4renovations, and access to the capitol building, capitol annex building, building for 5legislative use, pentagon courts, and arsenal building, and adjacent grounds, and purchase, 6maintenance, and repair of furniture and equipment, audio-visual systems, security systems, 7information networks, technological enhancements, technical support, and computer 8equipment and services, as jointly approved by the president of the Senate and the speaker 9of the House of Representatives, the cost of equipment, dues to legislative associations, to 10pay costs to maintain actuarial integrity of the state retirement system affected by the 11inclusion of certain legislative employees, and all other expenses incurred by said council 12in connection with the operation thereof during the 2020-2021 Fiscal Year. 13 (B) The co-chairmen of the Legislative Budgetary Control Council shall jointly 14warrant on the state treasurer for the monies appropriated and allocated by this Section, and 15the state treasurer shall pay their warrants by preference over all other warrants, except 16warrants for the salaries of constitutional officers of the state, which shall be concurrent with 17warrants provided for by this Act. 18 (C) The funds drawn as provided herein shall be deposited in the name of the 19Legislative Budgetary Control Council in an approved bank located in this state selected by 20the presiding co-chairmen of the council. Payment of per diem and mileage, salaries of the 21officers and employees, and other expenses of the Legislative Budgetary Control Council 22shall be made by individual check, payable to the person or firm entitled thereto, signed by 23the presiding co-chairmen of the council. Facsimile or electronic signatures may be used; 24such payment also may be made by electronic funds transfer through the automated clearing 25house and deposited into the account of the person or firm entitled to such payment. 26 (D) Any portion of the funds herein allocated to the Legislative Budgetary Control 27Council, any portion of the funds previously appropriated, or interest earnings on any such 28appropriations, and self-generated revenues are hereby appropriated and may be used to pay 29any expenses of the Legislative Budgetary Control Council during the 2020-2021 Fiscal Page 8 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 201ES-9 ORIGINAL HB NO. 8 1Year; however, all funds remaining unexpended and/or unencumbered shall be returnable 2to the state general fund on or before October 1, 2021. 3 Section 7. The appropriations, and the allocations of such appropriations, from the 4State General Fund (Direct) contained in Section 1 of this Act shall be reduced by a total 5amount of Twelve Million Eight Hundred Fifty-One Thousand Ten and No/100 6($12,851,010) Dollars, pursuant to a plan adopted by the Legislative Budgetary Control 7Council. 8 Section 8. In addition to the funds appropriated in this Act, an amount equal to Three 9Million and No/100 ($3,000,000) Dollars is hereby appropriated payable out of the State 10General Fund through Interagency Transfer from the Governor's Office of Homeland 11Security and Emergency Preparedness to the Legislative Budgetary Control Council. 12 Section 9. In accordance with R.S. 39:51(D), a comparative statement of the existing 13operating budget for FY 2019-2020 and the appropriation for FY 2020-2021 from the state 14general fund is as follows: 15Entity FY 2019-2020 FY 2020-2021 16 (Act 70 of 2019) 17House of Representatives $28,998,300 $28,998,300 18Senate $21,764,498 $21,764,498 19Legislative Auditor $10,483,708 $10,483,708 20Legislative Fiscal Office$2,886,664 $3,158,849 21La. State Law Institute $1,131,401 $1,131,401 22Legislative Budgetary 23 Control Council$8,557,125 $8,557,125 24Total state general fund$74,093,881 $74,093,881 25 The Legislative Auditor for FY 2019-2020 was appropriated self-generated funds in 26the amount of $23,525,042 and for FY 2020-2021 is appropriated self-generated funds in the 27amount of $23,525,043. The Legislative Budgetary Control Council for FY 2019-2020 was 28appropriated the balance of the technology fund on July 2, 2019 and for FY 2020-2021 is 29appropriated the balance on July 2, 2020 of said fund. The FY 2019-2020 appropriations Page 9 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 201ES-9 ORIGINAL HB NO. 8 1for the Legislature and the legislative service agencies from the State General Fund (Direct) 2were reduced by $11,620,925 and the allocation of said reduction was implemented pursuant 3to a plan adopted by the Legislative Budgetary Control Council. 4 Section 10. This Act shall become effective on July 1, 2020; if vetoed by the 5governor and subsequently approved by the legislature, this Act shall become effective on 6July 1, 2020, or on the day following such approval by the legislature, whichever is later. 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 8 Original 2020 First Extraordinary Session Schexnayder Abstract: Appropriates funds for the expenses of the legislature and legislative service agencies. Provides for the expenses of the legislature and legislative service agencies. Appropriates $74,093,881 from the state general fund for FY 2020-2021 including the following: House of Representatives $28,998,300 Senate $21,764,498 Legislative Auditor $10,483,708 Legislative Fiscal Office $3,158,849 Louisiana State Law Institute $1,131,401 Legislative Budgetary Control Council $8,557,125 Total state general fund $74,093,881 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, 2020 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 $23,525,043 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. Requires appropriations from State General Fund (Direct) be reduced by $12,851,010 pursuant to a plan adopted by the Legislative Budgetary Control Council. Appropriates $3,000,000 in federal funds to the Legislative Budgetary Control Council for COVID-19 related expenses. Effective July 1, 2020. Page 10 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions.