Louisiana 2021 2021 Regular Session

Louisiana House Bill HB695 Introduced / Bill

                    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
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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.
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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.
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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
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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. 
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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. 
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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 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
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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.
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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. 
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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.
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