HLS 21RS-749 ENGROSSED 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-Three Million Six Hundred Ten Thousand One 10Hundred Seventy-Three and No/100 ($73,610,173.00) Dollars, or so much thereof as may 11be necessary, is hereby appropriated out of the state general fund and the sum of Twenty- 12Three Million Eight 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 ENGROSSED 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 ENGROSSED 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 ENGROSSED 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 and No/100 ($10,000,000.00) Dollars is 13hereby allocated out of the total appropriation from the state general fund made in Section 141 of this Act to the legislative auditor, to pay the expenses of his office, including the salaries 15and expenses of his employees, the costs of equipment, and all other expenses incurred by 16that office in connection with the operation thereof during the 2021-2022 Fiscal Year. 17 (B)(1) The sum of Three Hundred Fifty Thousand and No/100 ($350,000.00) Dollars 18is hereby appropriated, payable from the state general fund, to establish an agency working 19capital fund to be known as the Legislative Auditor Ancillary Enterprise Fund. Of the funds 20available in the ancillary enterprise fund, the sum of Twenty-Three Million Eight Hundred 21Twenty-Four Thousand Nine Hundred Forty-Five and No/100 ($23,824,945.00) Dollars is 22authorized to be used by the legislative auditor, in addition to the amount allocated in 23Section 3.(A) hereof, to pay the expenses of his office, including the salaries and expenses 24of his employees, the costs of equipment, and all other expenses incurred by that office in 25connection with the operations thereof during the 2021-2022 Fiscal Year. 26 (2) The legislative auditor, in addition to the authority contained in R.S. 24:517.1, 27shall be authorized to receive reimbursement of actual expenses of audits performed on 28federally funded programs, both direct and indirect, and regulatory boards funded primarily 29from fees and self-generated revenues and self-supported enterprise functions for the Page 4 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ENGROSSED HB NO. 695 1purpose of generating revenue to pay expenses as provided in Section 3.(B)(1) of this Act. 2Reimbursement for audits performed on federally funded programs shall be limited to 3reimbursement authorized by federal laws and regulations. 4 (3) Notwithstanding any provision of the law to the contrary, including the General 5Appropriation Act, in addition to the authority contained in R.S. 24:517.1 and 517.3, the 6legislative auditor is authorized to allocate and collect from each auditee included in the 7state's Comprehensive Annual Financial Report, exclusive of those auditees audited by 8independent certified public accountants, such amounts as may be reasonably necessary to 9compensate the legislative auditor for services rendered and costs incurred in connection 10with the audit of each auditee. In the collection of such amounts, the legislative auditor 11shall, on or after the first day of July of each year, notify and warrant, without any other 12approval, the state treasurer of the amount allocated to each auditee. The state treasurer, 13upon receipt of said notice and warrant, shall transfer forthwith the amounts allocated to 14each auditee from monies accruing or available to the auditee to the Legislative Auditor 15Ancillary Enterprise Fund. Notwithstanding the foregoing, the sum of all amounts allocated 16to all such auditees shall not exceed the amount appropriated to the legislative auditor from 17the Legislative Auditor Ancillary Enterprise Fund in accordance with Section 3.(B)(1) 18herein. 19 (C) In the conduct of such functions all receipts of self-generated revenues shall be 20deposited in the state treasury to the credit of the Legislative Auditor Ancillary Enterprise 21Fund and disbursements made by the state treasurer to the extent of the amounts deposited 22to the credit of such fund in accordance with provisions of law governing expenditures. All 23monies from self-generated revenue of the legislative auditor's office shall be paid to the 24Legislative Auditor Ancillary Enterprise Fund and shall be deemed to be available for 25expenditure in the amount herein appropriated, and any increase in self-generated revenue 26over the amount herein appropriated shall be available for expenditure by the legislative 27auditor only on approval by the co-chairmen of the Legislative Budgetary Control Council. 28 (D) The legislative auditor shall warrant on the state treasurer for the monies 29allocated by this Section, and the warrant shall be paid by the state treasurer out of the state Page 5 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ENGROSSED HB NO. 695 1general fund. The funds so drawn shall be disbursed only in accordance with budgeted 2amounts provided herein and such amendments as may be approved by the Legislative 3Budgetary Control Council. 4 (E) In addition to any portion of the funds herein allocated in this Section to the 5legislative auditor, any portion of the funds previously appropriated to the legislative auditor, 6and all other revenue and funds of the legislative auditor, or interest earnings, are hereby 7appropriated and may be used to defray the expenses of the legislative auditor. These funds 8shall be subject to warrant by the legislative auditor on the state treasurer, in an amount not 9to exceed the total balance remaining at the end of the previous fiscal year; however, all 10funds remaining unexpended and/or unencumbered shall be returnable to the state general 11fund on or before October 1, 2022. 12 Section 4.(A) The sum of Three Million One Hundred Fifty-Eight Thousand Eight 13Hundred Forty-Nine and No/100 ($3,158,849.00) Dollars is hereby allocated out of the total 14appropriation from the state general fund made in Section 1 of this Act to the Joint 15Legislative Committee on the Budget, to be used solely for the operations of the Legislative 16Fiscal Office and in particular to pay the expenses thereof, including the salaries and 17expenses of its employees, the cost of equipment, and all other expenses incurred by said 18office in connection with the operation thereof during the 2021-2022 Fiscal Year. The 19operations and functions of the Legislative Fiscal Office shall be under the direction and 20supervision of the Joint Legislative Committee on the Budget. Any contracts for consultant 21services shall be approved by the Legislative Budgetary Control Council and the Joint 22Legislative Committee on the Budget. 23 (B) The legislative fiscal officer shall warrant on the state treasurer for the allocation 24provided by this Section, and the warrant shall be paid by the state treasurer out of the state 25general fund. The funds so drawn shall be disbursed only in accordance with a budget 26approved by the Joint Legislative Committee on the Budget and the Legislative Budgetary 27Control Council. 28 (C) Any portion of the funds herein allocated to the Legislative Fiscal Office, any 29portion of the funds previously appropriated or interest earnings on such appropriations and Page 6 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ENGROSSED HB NO. 695 1any self-generated revenues that are not required for the expenses of the 2021 Regular 2Session of the Legislature, including printing and all expenses in connection therewith, are 3hereby appropriated and may be used to pay expenses of the Legislative Fiscal Office during 4the 2021-2022 Fiscal Year; however, all funds remaining unexpended and/or unencumbered 5shall be returnable to the state general fund on or before October 1, 2022. 6 Section 5.(A) The sum of One Million One Hundred Thirty-One Thousand Four 7Hundred One and No/100 ($1,131,401.00) Dollars is hereby allocated out of the total 8appropriation from the state general fund made in Section 1 of this Act to the Louisiana State 9Law Institute, to pay the expenses thereof, including the salaries and expenses of its 10employees, the cost of equipment, and all other expenses incurred by said office in 11connection with the operation thereof during the 2021-2022 Fiscal Year. 12 (B) The executive director of the Louisiana State Law Institute shall warrant on the 13state treasurer for the allocation provided by this Section, and the warrant shall be paid by 14the state treasurer out of the state general fund. The funds so drawn shall be disbursed only 15in accordance with a budget approved by the Legislative Budgetary Control Council and 16subject to the budgetary control of said council. 17 (C) Any portion of the funds herein allocated to the Louisiana State Law Institute, 18any portion of the funds previously appropriated or interest earnings on such appropriations 19and any self-generated revenues may be used to pay expenses of the Louisiana State Law 20Institute during the 2021-2022 Fiscal Year; however, all funds remaining unexpended and/or 21unencumbered shall be returnable to the state general fund on or before October 1, 2022. 22 Section 6.(A) The sum of Eight Million Five Hundred Fifty-Seven Thousand One 23Hundred Twenty-Five and No/100 ($8,557,125.00) Dollars is hereby allocated out of the 24total appropriation from the state general fund made in Section 1 of this Act and the balance 25on July 2, 2021 of the fund created pursuant to Section 13 of Act 513 of the 2008 Regular 26Session is hereby appropriated to the Legislative Budgetary Control Council, all of which 27may be used to pay the expenses thereof, including salaries and expenses of certain 28legislative employees, expenses of the Huey P. Long Memorial Law Library, the David R. 29Poynter Legislative Research Library, contracts for professional services, mileage and per Page 7 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ENGROSSED HB NO. 695 1diem expenses of the interim activities of joint legislative committees created by statute or 2by the presiding officers of the Senate and the House of Representatives to which no specific 3allocation of funds is made in this Act, as approved by the council or, jointly, by the co- 4chairmen of the council, the cost of construction, maintenance, repair, improvements, 5renovations, and access to the capitol building, capitol annex building, building for 6legislative use, pentagon courts, and arsenal building, and adjacent grounds, and purchase, 7maintenance, and repair of furniture and equipment, audio-visual systems, security systems, 8information networks, technological enhancements, technical support, and computer 9equipment and services, as jointly approved by the president of the Senate and the speaker 10of the House of Representatives, the cost of equipment, dues to legislative associations, to 11pay costs to maintain actuarial integrity of the state retirement system affected by the 12inclusion of certain legislative employees, and all other expenses incurred by said council 13in connection with the operation thereof during the 2021-2022 Fiscal Year. 14 (B) The co-chairmen of the Legislative Budgetary Control Council shall jointly 15warrant on the state treasurer for the monies appropriated and allocated by this Section, and 16the state treasurer shall pay their warrants by preference over all other warrants, except 17warrants for the salaries of constitutional officers of the state, which shall be concurrent with 18warrants provided for by this Act. 19 (C) The funds drawn as provided herein shall be deposited in the name of the 20Legislative Budgetary Control Council in an approved bank located in this state selected by 21the presiding co-chairmen of the council. Payment of per diem and mileage, salaries of the 22officers and employees, and other expenses of the Legislative Budgetary Control Council 23shall be made by individual check, payable to the person or firm entitled thereto, signed by 24the presiding co-chairmen of the council. Facsimile or electronic signatures may be used; 25such payment also may be made by electronic funds transfer through the automated clearing 26house and deposited into the account of the person or firm entitled to such payment. 27 (D) Any portion of the funds herein allocated to the Legislative Budgetary Control 28Council, any portion of the funds previously appropriated, or interest earnings on any such 29appropriations, and self-generated revenues are hereby appropriated and may be used to pay Page 8 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ENGROSSED HB NO. 695 1any expenses of the Legislative Budgetary Control Council during the 2021-2022 Fiscal 2Year; however, all funds remaining unexpended and/or unencumbered shall be returnable 3to the state general fund on or before October 1, 2022. 4 Section 7. In accordance with R.S. 39:51(D), a comparative statement of the existing 5operating budget for FY 2020-2021 and the appropriation for FY 2021-2022 from the state 6general fund is as follows: 7Entity FY 2020-2021 FY 2021-2022 8 (Act 8 of 2020 1 st E.S.) 9House of Representatives$28,998,300 $28,998,300 10Senate $21,764,498 $21,764,498 11Legislative Auditor $10,483,708 $10,000,000 12Legislative Fiscal Office $3,158,849 $3,158,849 13La. State Law Institute $1,131,401 $1,131,401 14Legislative Budgetary 15 Control Council $8,557,125 $8,557,125 16Total state general fund $74,093,881 $74,093,881 17 The Legislative Auditor for FY 2020-2021 was appropriated self-generated funds in 18the amount of $23,525,043 and for FY 2021-2022 is appropriated self-generated funds in the 19amount of $23,824,945. The Legislative Budgetary Control Council for FY 2020-2021 was 20appropriated the balance of the technology fund on July 2, 2020 and for FY 2021-2022 is 21appropriated the balance on July 2, 2021 of said fund. The FY 2020-2021 appropriations for 22the Legislature and the legislative service agencies from the State General Fund (Direct) 23were reduced by $12,851,010 and the allocation of said reduction was implemented pursuant 24to a plan adopted by the Legislative Budgetary Control Council. 25 Section 8. This Act shall become effective on July 1, 2021; if vetoed by the governor 26and subsequently approved by the legislature, this Act shall become effective on July 1, 272021, or on the day following such approval by the legislature, whichever is later. Page 9 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-749 ENGROSSED HB NO. 695 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 Engrossed 2021 Regular Session Schexnayder Provides for the expenses of the legislature and legislative service agencies. Appropriates $73,610,173 from the state general fund for FY 2021-2022 including the following: House of Representatives $28,998,300 Senate $21,764,498 Legislative Auditor $10,000,000 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. Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Appropriations to the original bill: 1. Reduce the state general fund appropriation for the legislative auditor by $483,708. 2. Make a technical correction. Page 10 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions.