HLS 21RS-749 ORIGINAL 2021 Regular Session HOUSE BILL NO. 695 BY REPRESENTATIVES SCHEXNAYDER AND Z ERINGUE LEGISLATIVE EXPENSES: Makes appropriations for the expenses of the legislature for Fiscal Year 2021-2022 1 AN ACT 2TToo appropriate funds for Fiscal Year 2021-2022 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 12Eight Hundred Twenty-Four Thousand Nine Hundred Forty-Five and No/100 13($23,824,945.00) Dollars is hereby appropriated out of self-generated funds to defray the 14expenses of the legislature, including the House of Representatives and the Senate, the staffs 15of the House of Representatives and of the Senate, the Legislative Auditor, the Legislative 16Fiscal Office, the Legislative Budgetary Control Council, and the Louisiana State Law 17Institute. 18 Section 2.(A)(1) Out of the total amount herein appropriated from the state general 19fund, Fifty Million Seven Hundred Sixty-Two Thousand Seven Hundred Ninety-Eight and 20No/100 ($50,762,798.00) Dollars is hereby allocated to provide the salary and allowances Page 1 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ORIGINAL HB NO. 695 1of members, officers, and staff of the House of Representatives, and the salary and 2allowances for the speaker of the House of Representatives and for expenses of his office, 3including reimbursement for actual expenses as presiding officer and for his service to or for 4the benefit of the House of Representatives, the legislature, the legislative branch of 5government, or the state, as determined by the speaker, and to provide the salary and 6allowances of members, officers, and staff of the Senate, and the salary and allowances for 7the president of the Senate and for expenses of his office, including reimbursement for actual 8expenses as presiding officer and for his service to or for the benefit of the Senate, the 9legislature, the legislative branch of government, or the state, as determined by the president 10of the Senate. These funds also shall be used to pay mileage and per diem of the members 11of the legislature and mileage and per diem expenses of committees; salaries and/or expense 12allowances of officers and employees of the legislature; costs of renovations, maintenance, 13repairs, and necessary additions to the House and/or Senate chambers and other legislative 14rooms; audio-visual systems, information networks, technological enhancements, and 15technical support; printing the bills, journals, and calendars; computer equipment and 16services; library services; provision of accessibility services for persons with disabilities 17during sessions of the legislature and during the interim; and for all other expenses of the 18legislature. Notwithstanding any other provision of the law to the contrary, any and all 19monies paid to an employee of the legislature shall be used to determine full-time status and 20for the eligibility and calculation of all benefits, including, but not limited to, retirement and 21insurance. This provision shall be remedial in nature and shall not eliminate or reduce any 22current benefits of a legislative employee. In addition to the amounts and limitations 23provided in R.S. 24:31.5, these funds shall also be used to provide an additional two hundred 24seventy-five dollars per month to the total amount available to each legislator for the salary 25of his legislative assistants which shall be obtained and disbursed as hereinafter provided. 26 (2) Notwithstanding the provisions of R.S. 24:31.5, any legislative assistant 27employed on or before December 1, 2007, may retain the salary they were earning on 28December 1, 2007. Page 2 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ORIGINAL HB NO. 695 1 (B) Of the sum above allocated to the two houses of the legislature, Twenty-Eight 2Million Nine Hundred Ninety-Eight Thousand Three Hundred and No/100 ($28,998,300.00) 3Dollars is hereby set aside and allocated for the use of the House of Representatives and 4Twenty-One Million Seven Hundred Sixty-Four Thousand Four Hundred Ninety-Eight and 5No/100 ($21,764,498.00) Dollars for the use of the Senate. 6 (C) The presiding officer of each house shall warrant on the state treasurer in favor 7of the House of Representatives or the Senate, as the case may be, for the allocation herein 8provided, or for so much thereof as may be necessary. The aforesaid warrants shall be paid 9out of the state general fund, and the state treasurer shall pay said warrants by preference 10over all other warrants, except warrants for the salaries of constitutional officers of the state, 11which shall be concurrent with the warrants provided for by this Act. 12 (D)(1) The funds drawn as provided herein shall be deposited in the name of the 13House of Representatives or the Senate, as the case may be, in an approved bank located in 14this state selected by the presiding officer of each house. Payment of per diem and mileage, 15salaries of the members, officers, and employees, and other expenses of the legislature shall 16be made by individual check, payable to the person or firm entitled thereto, signed by the 17presiding officer of the House of Representatives as to disbursements by the House, and as 18to disbursements by the Senate, signed by the president of the Senate. Facsimile or 19electronic signatures may be used; such payment also may be made by electronic funds 20transfer through the automated clearing house and deposited into the account of the person 21or firm entitled to such payment. 22 (2) Copies of legislative documents of the Senate and the House shall be provided 23at fees according to policy and schedules adopted by the secretary of the Senate and clerk 24of the House, jointly, and approved by the president of the Senate and the speaker of the 25House, jointly. Funds derived from the sale of legislative documents of the Senate and the 26House during legislative sessions shall be used to offset the cost of printing the journals and 27calendars. Page 3 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ORIGINAL HB NO. 695 1 (3) The legislature is hereby expressly authorized to receive and expend any monies 2received as a result of any grants or donations or other forms of assistance as provided for 3in Article VII, Section 9(A)(1) of the Louisiana Constitution of 1974. 4 (E) Any portion of the funds herein allocated to the two houses, any portion of the 5funds previously appropriated or interest earnings on such appropriations and any self- 6generated revenues that are not required for the expenses of the 2021 Regular Session of the 7Legislature, including printing and all expenses in connection therewith, are hereby 8appropriated and may be used to pay the mileage, per diem, expenses of committees, and any 9other expenses of the legislature during the 2021-2022 Fiscal Year; however, all funds 10remaining unexpended and/or unencumbered shall be returnable to the state general fund on 11or before October 1, 2022. 12 Section 3.(A) The sum of Ten Million Four Hundred Eighty-Three Thousand Seven 13Hundred Eight and No/100 ($10,483,708.00) Dollars is hereby allocated out of the total 14appropriation from the state general fund made in Section 1 of this Act to the legislative 15auditor, to pay the expenses of his office, including the salaries and expenses of his 16employees, the costs of equipment, and all other expenses incurred by that office in 17connection with the operation thereof during the 2021-2022 Fiscal Year. 18 (B)(1) The sum of Three Hundred Fifty Thousand and No/100 ($350,000.00) Dollars 19is hereby appropriated, payable from the state general fund, to establish an agency working 20capital fund to be known as the Legislative Auditor Ancillary Enterprise Fund. Of the funds 21available in the ancillary enterprise fund, the sum of Twenty-Three Million Eight Hundred 22Twenty-Four Thousand Nine Hundred forty-five and No/100 ($23,824,945.00) Dollars is 23authorized to be used by the legislative auditor, in addition to the amount allocated in 24Section 3.(A) hereof, to pay the expenses of his office, including the salaries and expenses 25of his employees, the costs of equipment, and all other expenses incurred by that office in 26connection with the operations thereof during the 2021-2022 Fiscal Year. 27 (2) The legislative auditor, in addition to the authority contained in R.S. 24:517.1, 28shall be authorized to receive reimbursement of actual expenses of audits performed on 29federally funded programs, both direct and indirect, and regulatory boards funded primarily Page 4 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ORIGINAL HB NO. 695 1from fees and self-generated revenues and self-supported enterprise functions for the 2purpose of generating revenue to pay expenses as provided in Section 3.(B)(1) of this Act. 3Reimbursement for audits performed on federally funded programs shall be limited to 4reimbursement authorized by federal laws and regulations. 5 (3) Notwithstanding any provision of the law to the contrary, including the General 6Appropriation Act, in addition to the authority contained in R.S. 24:517.1 and 517.3, the 7legislative auditor is authorized to allocate and collect from each auditee included in the 8state's Comprehensive Annual Financial Report, exclusive of those auditees audited by 9independent certified public accountants, such amounts as may be reasonably necessary to 10compensate the legislative auditor for services rendered and costs incurred in connection 11with the audit of each auditee. In the collection of such amounts, the legislative auditor 12shall, on or after the first day of July of each year, notify and warrant, without any other 13approval, the state treasurer of the amount allocated to each auditee. The state treasurer, 14upon receipt of said notice and warrant, shall transfer forthwith the amounts allocated to 15each auditee from monies accruing or available to the auditee to the Legislative Auditor 16Ancillary Enterprise Fund. Notwithstanding the foregoing, the sum of all amounts allocated 17to all such auditees shall not exceed the amount appropriated to the legislative auditor from 18the Legislative Auditor Ancillary Enterprise Fund in accordance with Section 3.(B)(1) 19herein. 20 (C) In the conduct of such functions all receipts of self-generated revenues shall be 21deposited in the state treasury to the credit of the Legislative Auditor Ancillary Enterprise 22Fund and disbursements made by the state treasurer to the extent of the amounts deposited 23to the credit of such fund in accordance with provisions of law governing expenditures. All 24monies from self-generated revenue of the legislative auditor's office shall be paid to the 25Legislative Auditor Ancillary Enterprise Fund and shall be deemed to be available for 26expenditure in the amount herein appropriated, and any increase in self-generated revenue 27over the amount herein appropriated shall be available for expenditure by the legislative 28auditor only on approval by the co-chairmen of the Legislative Budgetary Control Council. Page 5 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ORIGINAL HB NO. 695 1 (D) The legislative auditor shall warrant on the state treasurer for the monies 2allocated by this Section, and the warrant shall be paid by the state treasurer out of the state 3general fund. The funds so drawn shall be disbursed only in accordance with budgeted 4amounts provided herein and such amendments as may be approved by the Legislative 5Budgetary Control Council. 6 (E) In addition to any portion of the funds herein allocated in this Section to the 7legislative auditor, any portion of the funds previously appropriated to the legislative auditor, 8and all other revenue and funds of the legislative auditor, or interest earnings, are hereby 9appropriated and may be used to defray the expenses of the legislative auditor. These funds 10shall be subject to warrant by the legislative auditor on the state treasurer, in an amount not 11to exceed the total balance remaining at the end of the previous fiscal year; however, all 12funds remaining unexpended and/or unencumbered shall be returnable to the state general 13fund on or before October 1, 2022. 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 2021-2022 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 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ORIGINAL HB NO. 695 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 2021 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 2021-2022 Fiscal Year; however, all funds remaining unexpended and/or unencumbered 7shall be returnable to the state general fund on or before October 1, 2022. 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 2021-2022 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 2021-2022 Fiscal Year; however, all funds remaining unexpended and/or 23unencumbered shall be returnable to the state general fund on or before October 1, 2022. 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, 2021 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 Page 7 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ORIGINAL HB NO. 695 1legislative employees, expenses of the Huey P. Long Memorial Law Library, the David R. 2Poynter Legislative Research Library, contracts for professional services, mileage and per 3diem expenses of the interim activities of joint legislative committees created by statute or 4by the presiding officers of the Senate and the House of Representatives to which no specific 5allocation of funds is made in this Act, as approved by the council or, jointly, by the co- 6chairmen of the council, the cost of construction, maintenance, repair, improvements, 7renovations, and access to the capitol building, capitol annex building, building for 8legislative use, pentagon courts, and arsenal building, and adjacent grounds, and purchase, 9maintenance, and repair of furniture and equipment, audio-visual systems, security systems, 10information networks, technological enhancements, technical support, and computer 11equipment and services, as jointly approved by the president of the Senate and the speaker 12of the House of Representatives, the cost of equipment, dues to legislative associations, to 13pay costs to maintain actuarial integrity of the state retirement system affected by the 14inclusion of certain legislative employees, and all other expenses incurred by said council 15in connection with the operation thereof during the 2021-2022 Fiscal Year. 16 (B) The co-chairmen of the Legislative Budgetary Control Council shall jointly 17warrant on the state treasurer for the monies appropriated and allocated by this Section, and 18the state treasurer shall pay their warrants by preference over all other warrants, except 19warrants for the salaries of constitutional officers of the state, which shall be concurrent with 20warrants provided for by this Act. 21 (C) The funds drawn as provided herein shall be deposited in the name of the 22Legislative Budgetary Control Council in an approved bank located in this state selected by 23the presiding co-chairmen of the council. Payment of per diem and mileage, salaries of the 24officers and employees, and other expenses of the Legislative Budgetary Control Council 25shall be made by individual check, payable to the person or firm entitled thereto, signed by 26the presiding co-chairmen of the council. Facsimile or electronic signatures may be used; 27such payment also may be made by electronic funds transfer through the automated clearing 28house and deposited into the account of the person or firm entitled to such payment. Page 8 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ORIGINAL HB NO. 695 1 (D) Any portion of the funds herein allocated to the Legislative Budgetary Control 2Council, any portion of the funds previously appropriated, or interest earnings on any such 3appropriations, and self-generated revenues are hereby appropriated and may be used to pay 4any expenses of the Legislative Budgetary Control Council during the 2021-2022 Fiscal 5Year; however, all funds remaining unexpended and/or unencumbered shall be returnable 6to the state general fund on or before October 1, 2022. 7 Section 7. In accordance with R.S. 39:51(D), a comparative statement of the existing 8operating budget for FY 2020-2021 and the appropriation for FY 2021-2022 from the state 9general fund is as follows: 10Entity FY 2020-2021 FY 2021-2022 11 (Act 8 of 2020 1 st E.S.) 12House of Representatives $28,998,300 $28,998,300 13Senate $21,764,498 $21,764,498 14Legislative Auditor $10,483,708 $10,483,708 15Legislative Fiscal Office $3,158,849 $3,158,849 16La. State Law Institute $1,131,401 $1,131,401 17Legislative Budgetary 18 Control Council $8,557,125 $8,557,125 19Total state general fund $74,093,881 $74,093,881 20 The Legislative Auditor for FY 2020-2021 was appropriated self-generated funds in 21the amount of $23,525,043 and for FY 2021-2022 is appropriated self-generated funds in the 22amount of $23,824,945. The Legislative Budgetary Control Council for FY 2020-2021 was 23appropriated the balance of the technology fund on July 2, 2020 and for FY 2021-2022 is 24appropriated the balance on July 2, 2021 of said fund. The FY 2020-2021 appropriations for 25the Legislature and the legislative service agencies from the State General Fund (Direct) 26were reduced by $12,851,010 and the allocation of said reduction was implemented pursuant 27to a plan adopted by the Legislative Budgetary Control Council. Page 9 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ORIGINAL HB NO. 695 1 Section 8. This Act shall become effective on July 1, 2021; if vetoed by the governor 2and subsequently approved by the legislature, this Act shall become effective on July 1, 32021, 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 695 Original 2021 Regular Session Schexnayder Provides for the expenses of the legislature and legislative service agencies. Appropriates $74,093,881 from the state general fund for FY 2021-2022 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, 2021 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 $23,824,945 from the fund, which is authorized to be used for expenses of the auditor's office. Retains provisions of existing law allowing legislative assistants who were employed on or before Dec. 1, 2007, to retain the salary they were earning on Dec. 1, 2007. Effective July 1, 2021. Page 10 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions.