Louisiana 2020 2020 1st Special Session

Louisiana House Bill HB8 Engrossed / Bill

                    HLS 201ES-9	ENGROSSED
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
21allowances for the speaker of the House of Representatives and for expenses of his office,
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1including reimbursement for actual expenses as presiding officer and for his service to or for
2the benefit of the House of Representatives, the legislature, the legislative branch of
3government, or the state, as determined by the speaker, and to provide the salary and
4allowances of members, officers, and staff of the Senate, and the salary and allowances for
5the president of the Senate and for expenses of his office, including reimbursement for actual
6expenses as presiding officer and for his service to or for the benefit of the Senate, the
7legislature, the legislative branch of government, or the state, as determined by the president
8of the Senate.  These funds also shall be used to pay mileage and per diem of the members
9of the legislature and mileage and per diem expenses of committees; salaries and/or expense
10allowances of officers and employees of the legislature; costs of renovations, maintenance,
11repairs, and necessary additions to the House and/or Senate chambers and other legislative
12rooms; audio-visual systems, information networks, technological enhancements, and
13technical support; printing the bills, journals, and calendars; computer equipment and
14services; library services; provision of accessibility services for persons with disabilities
15during sessions of the legislature and during the interim; and for all other expenses of the
16legislature.   Notwithstanding any other provision of the law to the contrary, any and all
17monies paid to an employee of the legislature shall be used to determine full-time status and
18for the eligibility and calculation of all benefits, including, but not limited to, retirement and
19insurance.  This provision shall be remedial in nature and shall not eliminate or reduce any
20current benefits of a legislative employee.  In addition to the amounts and limitations
21provided in R.S. 24:31.5, these funds shall also be used to provide an additional two hundred
22seventy-five dollars per month to the total amount available to each legislator for the salary
23of his legislative assistants which shall be obtained and disbursed as hereinafter provided.
24 (2)  Notwithstanding the provisions of R.S. 24:31.5, any legislative assistant
25employed on or before December 1, 2007, may retain the salary they were earning on
26December 1, 2007.
27 (B)  Of the sum above allocated to the two houses of the legislature, Twenty-Eight
28Million Nine Hundred Ninety-Eight Thousand Three Hundred and No/100 ($28,998,300.00)
29Dollars is hereby set aside and allocated for the use of the House of Representatives and
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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 or
16electronic signatures may be used; such payment also may be made by electronic funds
17transfer through the automated clearing house and deposited into the account of the person
18or firm entitled to such 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 legislative sessions shall be used to offset the cost of printing the journals and
24calendars.
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 2020 Regular Session of the
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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 2020-2021 Fiscal Year; however, all funds
4remaining unexpended and/or unencumbered shall be returnable to the state general fund on
5or before October 1, 2021.
6 Section 3.(A)  The sum of Ten Million Four Hundred Eighty-Three Thousand Seven
7Hundred Eight and No/100 ($10,483,708.00) 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 2020-2021 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-Three Million Five Hundred
16Twenty-Five Thousand Forty-Three and No/100 ($23,525,043.00) Dollars is authorized to
17be used by the legislative auditor, in addition to the amount allocated in Section 3.(A) hereof,
18to pay the expenses of his office, including the salaries and expenses of his employees, the
19costs of equipment, and all other expenses incurred by that office in connection with the
20operations thereof during the 2020-2021 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
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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
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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, 2021.
5 (F)  The sum of Two Million Five Hundred Thousand and No/100 ($2,500,000)
6Dollars is hereby appropriated to the legislative auditor in interagency transfers from the
7Department of the Treasury for work performed pursuant to the Act that originated as Senate
8Bill No. 189 of the 2020 Regular Session of the Legislature.
9 (G)  The sum of Two Hundred Seventy-One Thousand Five Hundred One and
10No/100 ($271,501) Dollars is hereby appropriated to the legislative auditor in statutory
11dedications from the Coronavirus Local Recovery Allocation Fund established pursuant to
12R.S. 39:100.43 for work performed pursuant to the Act that originated as Senate Bill No. 189
13of the 2020 Regular Session of the Legislature.
14 Section 4.(A)  The sum of Three Million One Hundred Fifty-Eight Thousand Eight
15Hundred Forty-Nine and No/100 ($3,158,849.00) Dollars is hereby allocated out of the total
16appropriation from the state general fund made in Section 1 of this Act to the Joint
17Legislative Committee on the Budget, to be used solely for the operations of the Legislative
18Fiscal Office and in particular to pay the expenses thereof, including the salaries and
19expenses of its employees, the cost of equipment, and all other expenses incurred by said
20office in connection with the operation thereof during the 2020-2021 Fiscal Year.  The
21operations and functions of the Legislative Fiscal Office shall be under the direction and
22supervision of the Joint Legislative Committee on the Budget.  Any contracts for consultant
23services shall be approved by the Legislative Budgetary Control Council and the Joint
24Legislative Committee on the Budget.
25 (B)  The legislative fiscal officer shall warrant on the state treasurer for the allocation
26provided by this Section, and the warrant shall be paid by the state treasurer out of the state
27general fund.  The funds so drawn shall be disbursed only in accordance with a budget
28approved by the Joint Legislative Committee on the Budget and the Legislative Budgetary
29Control Council. 
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1 (C)  Any portion of the funds herein allocated to the Legislative Fiscal Office, any
2portion of the funds previously appropriated or interest earnings on such appropriations and
3any self-generated revenues that are not required for the expenses of the 2020 Regular
4Session of the Legislature, including printing and all expenses in connection therewith, are
5hereby appropriated and may be used to pay expenses of the Legislative Fiscal Office during
6the 2020-2021 Fiscal Year; however, all funds remaining unexpended and/or unencumbered
7shall be returnable to the state general fund on or before October 1, 2021.
8 Section 5.(A)  The sum of One Million One Hundred Thirty-One Thousand Four
9Hundred One and No/100 ($1,131,401.00) Dollars is hereby allocated out of the total
10appropriation from the state general fund made in Section 1 of this Act to the Louisiana State
11Law Institute, to pay the expenses thereof, including the salaries and expenses of its
12employees, the cost of equipment, and all other expenses incurred by said office in
13connection with the operation thereof during the 2020-2021 Fiscal Year.
14 (B)  The executive director of the Louisiana State Law Institute shall warrant on the
15state treasurer for the allocation provided by this Section, and the warrant shall be paid by
16the state treasurer out of the state general fund.  The funds so drawn shall be disbursed only
17in accordance with a budget approved by the Legislative Budgetary Control Council and
18subject to the budgetary control of said council.
19 (C)  Any portion of the funds herein allocated to the Louisiana State Law Institute,
20any portion of the funds previously appropriated or interest earnings on such appropriations
21and any self-generated revenues may be used to pay expenses of the Louisiana State Law
22Institute during the 2020-2021 Fiscal Year; however, all funds remaining unexpended and/or
23unencumbered shall be returnable to the state general fund on or before October 1, 2021.
24 Section 6.(A)  The sum of Eight Million Five Hundred Fifty-Seven Thousand One
25Hundred Twenty-Five and No/100 ($8,557,125.00) Dollars is hereby allocated out of the
26total appropriation from the state general fund made in Section 1 of this Act and the balance
27on July 2, 2020 of the fund created pursuant to Section 13 of Act 513 of the 2008 Regular
28Session is hereby appropriated to the Legislative Budgetary Control Council, all of which
29may be used to pay the expenses thereof, including salaries and expenses of certain
30legislative employees, expenses of the Huey P. Long Memorial Law Library, the David R.
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1Poynter Legislative Research Library, contracts for professional services, mileage and per
2diem expenses of the interim activities of joint legislative committees created by statute or
3by the presiding officers of the Senate and the House of Representatives to which no specific
4allocation of funds is made in this Act, as approved by the council or, jointly, by the co-
5chairmen of the council, the cost of construction, maintenance, repair, improvements,
6renovations, and access to the capitol building, capitol annex building, building for
7legislative use, pentagon courts, and arsenal building, and adjacent grounds, and purchase,
8maintenance, and repair of furniture and equipment, audio-visual systems, security systems,
9information networks, technological enhancements, technical support, and computer
10equipment and services, as jointly approved by the president of the Senate and the speaker
11of the House of Representatives, the cost of equipment, dues to legislative associations, to
12pay costs to maintain actuarial integrity of the state retirement system affected by the
13inclusion of certain legislative employees, and all other expenses incurred by said council
14in connection with the operation thereof during the 2020-2021 Fiscal Year.
15 (B)  The co-chairmen of the Legislative Budgetary Control Council shall jointly
16warrant on the state treasurer for the monies appropriated and allocated by this Section, and
17the state treasurer shall pay their warrants by preference over all other warrants, except
18warrants for the salaries of constitutional officers of the state, which shall be concurrent with
19warrants provided for by this Act.
20 (C)  The funds drawn as provided herein shall be deposited in the name of the
21Legislative Budgetary Control Council in an approved bank located in this state selected by
22the presiding co-chairmen of the council.  Payment of per diem and mileage, salaries of the
23officers and employees, and other expenses of the Legislative Budgetary Control Council
24shall be made by individual check, payable to the person or firm entitled thereto, signed by
25the presiding co-chairmen of the council.  Facsimile or electronic signatures may be used;
26such payment  also may be made by electronic funds transfer through the automated clearing
27house and deposited into the account of the person or firm entitled to such payment.
28 (D)  Any portion of the funds herein allocated to the Legislative Budgetary Control
29Council, any portion of the funds previously appropriated, or interest earnings on any such
30appropriations, and self-generated revenues are hereby appropriated and may be used to pay
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1any expenses of the Legislative Budgetary Control Council during the 2020-2021 Fiscal
2Year; however, all funds remaining unexpended and/or unencumbered shall be returnable
3to the state general fund on or before October 1, 2021.
4 Section 7.  The appropriations, and the allocations of such appropriations, from the
5State General Fund (Direct) contained in Section 1 of this Act shall be reduced by a total
6amount of Twelve Million Eight Hundred Fifty-One Thousand Ten and No/100
7($12,851,010) Dollars, pursuant to a plan adopted by the Legislative Budgetary Control
8Council.
9 Section 8.  In addition to the funds appropriated in this Act, an amount equal to Three
10Million and No/100 ($3,000,000) Dollars is hereby appropriated payable out of the State
11General Fund through Interagency Transfer from the Governor's Office of Homeland
12Security and Emergency Preparedness to the Legislative Budgetary Control Council.
13 Section 9.  In accordance with R.S. 39:51(D), a comparative statement of the existing
14operating budget for FY 2019-2020 and the appropriation for FY 2020-2021 from the state
15general fund is as follows:
16Entity               FY 2019-2020 FY 2020-2021
17                       (Act 70 of 2019) 
18House of Representatives $28,998,300	$28,998,300
19Senate	$21,764,498	$21,764,498
20Legislative Auditor $10,483,708	$10,483,708
21Legislative Fiscal Office$2,886,664	$3,158,849
22La. State Law Institute   $1,131,401	$1,131,401
23Legislative Budgetary
24 Control Council$8,557,125	$8,557,125
25Total state general fund$74,093,881	$74,093,881
26 The Legislative Auditor for FY 2019-2020 was appropriated self-generated funds in
27the amount of $23,525,042 and for FY 2020-2021 is appropriated self-generated funds in the
28amount of $23,525,043.  The Legislative Budgetary Control Council for FY 2019-2020 was
29appropriated the balance of the technology fund on July 2, 2019 and for FY 2020-2021 is
30appropriated 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 Engrossed 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.
Appropriates additional funding to the legislative auditor for work performed on programs
established pursuant to the Act that originated as SB 189 of the 2020 Regular Session. 
Authorizes $2,500,000 in interagency transfers from the treasurer to the legislative auditor
and $271,501 from the Coronavirus Local Recovery Allocation Fund for such work.
Effective July 1, 2020.
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Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the
original bill:
1. Add $2,771,501 in funding for the legislative auditor for work performed
pursuant to the Act that originated as SB 189 of the 2020 Regular Legislative
Session of the Legislature.
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