Louisiana 2020 2020 1st Special Session

Louisiana House Bill HB8 Introduced / Bill

                    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
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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)
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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.
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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.
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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
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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
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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
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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
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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
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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.
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