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, Page 1 of 11 HLS 201ES-9 ENGROSSED HB NO. 8 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 Page 2 of 11 HLS 201ES-9 ENGROSSED HB NO. 8 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 Page 3 of 11 HLS 201ES-9 ENGROSSED HB NO. 8 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 Page 4 of 11 HLS 201ES-9 ENGROSSED HB NO. 8 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 11 HLS 201ES-9 ENGROSSED HB NO. 8 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. Page 6 of 11 HLS 201ES-9 ENGROSSED HB NO. 8 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. Page 7 of 11 HLS 201ES-9 ENGROSSED HB NO. 8 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 Page 8 of 11 HLS 201ES-9 ENGROSSED HB NO. 8 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 Page 9 of 11 HLS 201ES-9 ENGROSSED 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 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. Page 10 of 11 HLS 201ES-9 ENGROSSED HB NO. 8 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. Page 11 of 11