HLS 21RS-749 REENGROSSED 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 21of members, officers, and staff of the House of Representatives, and the salary and Page 1 of 10 HLS 21RS-749 REENGROSSED HB NO. 695 1allowances for the speaker of the House of Representatives and for expenses of his office, 2including reimbursement for actual expenses as presiding officer and for his service to or for 3the benefit of the House of Representatives, the legislature, the legislative branch of 4government, or the state, as determined by the speaker, and to provide the salary and 5allowances of members, officers, and staff of the Senate, and the salary and allowances for 6the president of the Senate and for expenses of his office, including reimbursement for actual 7expenses as presiding officer and for his service to or for the benefit of the Senate, the 8legislature, the legislative branch of government, or the state, as determined by the president 9of the Senate. These funds shall also be used to pay mileage and per diem of the members 10of the legislature and mileage and per diem expenses of committees; salaries and/or expense 11allowances of officers and employees of the legislature; costs of renovations, maintenance, 12repairs, and necessary additions to the House and/or Senate chambers and other legislative 13rooms; audio-visual systems, information networks, technological enhancements, and 14technical support; printing the bills, journals, and calendars; computer equipment and 15services; library services; provision of accessibility services for persons with disabilities 16during sessions of the legislature and during the interim; and for all other expenses of the 17legislature. Notwithstanding any other provision of law to the contrary, any and all monies 18paid to an employee of the legislature shall be used to determine full-time status and for the 19eligibility and calculation of all benefits, including but not limited to, retirement and 20insurance. This provision shall be remedial in nature and shall not eliminate or reduce any 21current benefits of a legislative employee. In addition to the amounts and limitations 22provided in R.S. 24:31.5, these funds shall also be used to provide an additional two hundred 23seventy-five dollars per month to the total amount available to each legislator for the salary 24of his legislative assistants which shall be obtained and disbursed as hereinafter provided. 25 (2) Notwithstanding the provisions of R.S. 24:31.5, any legislative assistant 26employed on or before December 1, 2007, may retain the salary they were earning on 27December 1, 2007. 28 (B) Of the sum above allocated to the two houses of the legislature, Twenty-Eight 29Million Nine Hundred Ninety-Eight Thousand Three Hundred and No/100 ($28,998,300.00) 30Dollars is hereby set aside and allocated for the use of the House of Representatives and Page 2 of 10 HLS 21RS-749 REENGROSSED HB NO. 695 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 2021 Regular Session of the Page 3 of 10 HLS 21RS-749 REENGROSSED HB NO. 695 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 2021-2022 Fiscal Year; however, all funds 4remaining unexpended and/or unencumbered shall be returnable to the state general fund on 5or before October 1, 2022. 6 Section 3.(A) The sum of Ten Million and No/100 ($10,000,000.00) Dollars is 7hereby allocated out of the total appropriation from the state general fund made in Section 81 of this Act to the legislative auditor, to pay the expenses of his office, including the salaries 9and expenses of his employees, the costs of equipment, and all other expenses incurred by 10that office in connection with the operation thereof during the 2021-2022 Fiscal Year. 11 (B)(1) The sum of Three Hundred Fifty Thousand and No/100 ($350,000.00) Dollars 12is hereby appropriated, payable from the state general fund, to establish an agency working 13capital fund to be known as the Legislative Auditor Ancillary Enterprise Fund. Of the funds 14available in the ancillary enterprise fund, the sum of Twenty-Three Million Eight Hundred 15Twenty-Four Thousand Nine Hundred Forty-Five and No/100 ($23,824,945.00) Dollars is 16authorized to be used by the legislative auditor, in addition to the amount allocated in 17Section 3.(A) hereof, to pay the expenses of his office, including the salaries and expenses 18of his employees, the costs of equipment, and all other expenses incurred by that office in 19connection with the operations thereof during the 2021-2022 Fiscal Year. 20 (2) The legislative auditor, in addition to the authority contained in R.S. 24:517.1, 21shall be authorized to receive reimbursement of actual expenses of audits performed on 22federally funded programs, both direct and indirect, and regulatory boards funded primarily 23from fees and self-generated revenues and self-supported enterprise functions for the 24purpose of generating revenue to pay expenses as provided in Section 3.(B)(1) of this Act. 25Reimbursement for audits performed on federally funded programs shall be limited to 26reimbursement authorized by federal laws and regulations. 27 (3) Notwithstanding any provision of law to the contrary, including the General 28Appropriation Act, in addition to the authority contained in R.S. 24:517.1 and 517.3, the 29legislative auditor is authorized to allocate and collect from each auditee included in the 30state's Comprehensive Annual Financial Report, exclusive of those auditees audited by Page 4 of 10 HLS 21RS-749 REENGROSSED HB NO. 695 1independent certified public accountants, such amounts as may be reasonably necessary to 2compensate the legislative auditor for services rendered and costs incurred in connection 3with the audit of each auditee. In the collection of such amounts, the legislative auditor 4shall, on or after the first day of July of each year, notify and warrant, without any other 5approval, the state treasurer of the amount allocated to each auditee. The state treasurer, 6upon receipt of said notice and warrant, shall transfer forthwith the amounts allocated to 7each auditee from monies accruing or available to the auditee to the Legislative Auditor 8Ancillary Enterprise Fund. Notwithstanding the foregoing, the sum of all amounts allocated 9to all such auditees shall not exceed the amount appropriated to the legislative auditor from 10the Legislative Auditor Ancillary Enterprise Fund in accordance with Section 3.(B)(1) 11herein. 12 (C) In the conduct of such functions all receipts of self-generated revenues shall be 13deposited in the state treasury to the credit of the Legislative Auditor Ancillary Enterprise 14Fund and disbursements made by the state treasurer to the extent of the amounts deposited 15to the credit of such fund in accordance with provisions of law governing expenditures. All 16monies from self-generated revenue of the legislative auditor's office shall be paid to the 17Legislative Auditor Ancillary Enterprise Fund and shall be deemed to be available for 18expenditure in the amount herein appropriated, and any increase in self-generated revenue 19over the amount herein appropriated shall be available for expenditure by the legislative 20auditor only on approval by the co-chairmen of the Legislative Budgetary Control Council. 21 (D) The legislative auditor shall warrant on the state treasurer for the monies 22allocated by this Section, and the warrant shall be paid by the state treasurer out of the state 23general fund. The funds so drawn shall be disbursed only in accordance with budgeted 24amounts provided herein and such amendments as may be approved by the Legislative 25Budgetary Control Council. 26 (E) In addition to any portion of the funds herein allocated in this Section to the 27legislative auditor, any portion of the funds previously appropriated to the legislative auditor, 28and all other revenue and funds of the legislative auditor, or interest earnings, are hereby 29appropriated and may be used to defray the expenses of the legislative auditor. These funds 30shall be subject to warrant by the legislative auditor on the state treasurer, in an amount not Page 5 of 10 HLS 21RS-749 REENGROSSED HB NO. 695 1to exceed the total balance remaining at the end of the previous fiscal year; however, all 2funds remaining unexpended and/or unencumbered shall be returnable to the state general 3fund on or before October 1, 2022. 4 Section 4.(A) The sum of Three Million One Hundred Fifty-Eight Thousand Eight 5Hundred Forty-Nine and No/100 ($3,158,849.00) Dollars is hereby allocated out of the total 6appropriation from the state general fund made in Section 1 of this Act to the Joint 7Legislative Committee on the Budget, to be used solely for the operations of the Legislative 8Fiscal Office and in particular to pay the expenses thereof, including the salaries and 9expenses of its employees, the cost of equipment, and all other expenses incurred by said 10office in connection with the operation thereof during the 2021-2022 Fiscal Year. The 11operations and functions of the Legislative Fiscal Office shall be under the direction and 12supervision of the Joint Legislative Committee on the Budget. Any contracts for consultant 13services shall be approved by the Legislative Budgetary Control Council and the Joint 14Legislative Committee on the Budget. 15 (B) The legislative fiscal officer shall warrant on the state treasurer for the allocation 16provided by this Section, and the warrant shall be paid by the state treasurer out of the state 17general fund. The funds so drawn shall be disbursed only in accordance with a budget 18approved by the Joint Legislative Committee on the Budget and the Legislative Budgetary 19Control Council. 20 (C) Any portion of the funds herein allocated to the Legislative Fiscal Office, any 21portion of the funds previously appropriated or interest earnings on such appropriations and 22any self-generated revenues that are not required for the expenses of the 2021 Regular 23Session of the Legislature, including printing and all expenses in connection therewith, are 24hereby appropriated and may be used to pay expenses of the Legislative Fiscal Office during 25the 2021-2022 Fiscal Year; however, all funds remaining unexpended and/or unencumbered 26shall be returnable to the state general fund on or before October 1, 2022. 27 Section 5.(A) The sum of One Million One Hundred Thirty-One Thousand Four 28Hundred One and No/100 ($1,131,401.00) Dollars is hereby allocated out of the total 29appropriation from the state general fund made in Section 1 of this Act to the Louisiana State 30Law Institute, to pay the expenses thereof, including the salaries and expenses of its Page 6 of 10 HLS 21RS-749 REENGROSSED HB NO. 695 1employees, the cost of equipment, and all other expenses incurred by said office in 2connection with the operation thereof during the 2021-2022 Fiscal Year. 3 (B) The executive director of the Louisiana State Law Institute shall warrant on the 4state treasurer for the allocation provided by this Section, and the warrant shall be paid by 5the state treasurer out of the state general fund. The funds so drawn shall be disbursed only 6in accordance with a budget approved by the Legislative Budgetary Control Council and 7subject to the budgetary control of said council. 8 (C) Any portion of the funds herein allocated to the Louisiana State Law Institute, 9any portion of the funds previously appropriated or interest earnings on such appropriations 10and any self-generated revenues may be used to pay expenses of the Louisiana State Law 11Institute during the 2021-2022 Fiscal Year; however, all funds remaining unexpended and/or 12unencumbered shall be returnable to the state general fund on or before October 1, 2022. 13 Section 6.(A) The sum of Eight Million Five Hundred Fifty-Seven Thousand One 14Hundred Twenty-Five and No/100 ($8,557,125.00) Dollars is hereby allocated out of the 15total appropriation from the state general fund made in Section 1 of this Act and the balance 16on July 2, 2021 of the fund created pursuant to Section 13 of Act 513 of the 2008 Regular 17Session is hereby appropriated to the Legislative Budgetary Control Council, all of which 18may be used to pay the expenses thereof, including salaries and expenses of certain 19legislative employees, expenses of the Huey P. Long Memorial Law Library, the David R. 20Poynter Legislative Research Library, contracts for professional services, mileage and per 21diem expenses of the interim activities of joint legislative committees created by statute or 22by the presiding officers of the Senate and the House of Representatives to which no specific 23allocation of funds is made in this Act, as approved by the council or, jointly, by the co- 24chairmen of the council, the cost of construction, maintenance, repair, improvements, 25renovations, and access to the capitol building, capitol annex building, building for 26legislative use, pentagon courts, and arsenal building, and adjacent grounds, and purchase, 27maintenance, and repair of furniture and equipment, audio-visual systems, security systems, 28information networks, technological enhancements, technical support, and computer 29equipment and services, as jointly approved by the president of the Senate and the speaker 30of the House of Representatives, the cost of equipment, dues to legislative associations, to Page 7 of 10 HLS 21RS-749 REENGROSSED HB NO. 695 1pay costs to maintain actuarial integrity of the state retirement system affected by the 2inclusion of certain legislative employees, and all other expenses incurred by said council 3in connection with the operation thereof during the 2021-2022 Fiscal Year. 4 (B) The co-chairmen of the Legislative Budgetary Control Council shall jointly 5warrant on the state treasurer for the monies appropriated and allocated by this Section, and 6the state treasurer shall pay their warrants by preference over all other warrants, except 7warrants for the salaries of constitutional officers of the state, which shall be concurrent with 8warrants provided for by this Act. 9 (C) The funds drawn as provided herein shall be deposited in the name of the 10Legislative Budgetary Control Council in an approved bank located in this state selected by 11the presiding co-chairmen of the council. Payment of per diem and mileage, salaries of the 12officers and employees, and other expenses of the Legislative Budgetary Control Council 13shall be made by individual check, payable to the person or firm entitled thereto, signed by 14the presiding co-chairmen of the council. Facsimile or electronic signatures may be used; 15such payment also may be made by electronic funds transfer through the automated clearing 16house and deposited into the account of the person or firm entitled to such payment. 17 (D) Any portion of the funds herein allocated to the Legislative Budgetary Control 18Council, any portion of the funds previously appropriated, or interest earnings on any such 19appropriations, and self-generated revenues are hereby appropriated and may be used to pay 20any expenses of the Legislative Budgetary Control Council during the 2021-2022 Fiscal 21Year; however, all funds remaining unexpended and/or unencumbered shall be returnable 22to the state general fund on or before October 1, 2022. 23 Section 7. In accordance with R.S. 39:51(D), a comparative statement of the existing 24operating budget for FY 2020-2021 and the appropriation for FY 2021-2022 from the state 25general fund is as follows: 26Entity FY 2020-2021 FY 2021-2022 27 (Act 8 of 2020 1 st E.S.) 28House of Representatives$28,998,300 $28,998,300 29Senate $21,764,498 $21,764,498 30Legislative Auditor $10,483,708 $10,000,000 Page 8 of 10 HLS 21RS-749 REENGROSSED HB NO. 695 1Legislative Fiscal Office $3,158,849 $3,158,849 2La. State Law Institute $1,131,401 $1,131,401 3Legislative Budgetary 4 Control Council $8,557,125 $8,557,125 5Total state general fund $74,093,881 $73,610,173 6 The Legislative Auditor for FY 2020-2021 was appropriated self-generated funds in 7the amount of $23,525,043 and for FY 2021-2022 is appropriated self-generated funds in the 8amount of $23,824,945. The Legislative Budgetary Control Council for FY 2020-2021 was 9appropriated the balance of the technology fund on July 2, 2020 and for FY 2021-2022 is 10appropriated the balance on July 2, 2021 of said fund. The FY 2020-2021 appropriations for 11the Legislature and the legislative service agencies from the State General Fund (Direct) 12were reduced by $12,851,010 and the allocation of said reduction was implemented pursuant 13to a plan adopted by the Legislative Budgetary Control Council. 14 Section 8. This Act shall become effective on July 1, 2021; if vetoed by the governor 15and subsequently approved by the legislature, this Act shall become effective on July 1, 162021, 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 Reengrossed 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. Page 9 of 10 HLS 21RS-749 REENGROSSED HB NO. 695 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. The House Floor Amendments to the engrossed bill: 1. Make a technical correction. Page 10 of 10