Louisiana 2022 Regular Session

Louisiana House Bill HB1011 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 198
2022 Regular Session
HOUSE BILL NO. 1011
BY REPRESENTATIVE SCHEXNAYDER
1	AN ACT
2 To appropriate funds for Fiscal Year 2022-2023 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.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1.  The sum of Eighty-Five Million Two Hundred Ninety-Seven Thousand
10 Eight Hundred Forty-Four and No/100 ($85,297,844.00) Dollars, or so much thereof as may
11 be necessary, is hereby appropriated out of the state general fund and the sum of Twenty-
12 Three Million Five Hundred Sixty-Four Thousand Four Hundred Thirty-Four and No/100
13 ($23,564,434.00) Dollars is hereby appropriated out of self-generated funds to defray the
14 expenses of the legislature, including the House of Representatives and the Senate, the staffs
15 of the House of Representatives and of the Senate, the Legislative Auditor, the Legislative
16 Fiscal Office, the Legislative Budgetary Control Council, and the Louisiana State Law
17 Institute.
18 Section 2.(A)(1)  Out of the total amount herein appropriated from the state general
19 fund, Fifty Six Million Six Hundred Ninety-Two Thousand Five Hundred Ninety-Four and
20 No/100 ($56,692,594.00) Dollars is hereby allocated to provide the salary and allowances
21 of members, officers, and staff of the House of Representatives, and the salary and
22 allowances for the speaker of the House of Representatives and for expenses of his office,
23 including reimbursement for actual expenses as presiding officer and for his service to or for
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1 the benefit of the House of Representatives, the legislature, the legislative branch of
2 government, or the state, as determined by the speaker, and to provide the salary and
3 allowances of members, officers, and staff of the Senate, and the salary and allowances for
4 the president of the Senate and for expenses of his office, including reimbursement for actual
5 expenses as presiding officer and for his service to or for the benefit of the Senate, the
6 legislature, the legislative branch of government, or the state, as determined by the president
7 of the Senate.  These funds shall also be used to pay mileage and per diem of the members
8 of the legislature and mileage and per diem expenses of committees; salaries and/or expense
9 allowances of officers and employees of the legislature; costs of renovations, maintenance,
10 repairs, and necessary additions to the House and/or Senate chambers and other legislative
11 rooms; audio-visual systems, information networks, technological enhancements, and
12 technical support; printing the bills, journals, and calendars; computer equipment and
13 services; library services; provision of accessibility services for persons with disabilities
14 during sessions of the legislature and during the interim; and for all other expenses of the
15 legislature.   Notwithstanding any other provision of law to the contrary, any and all monies
16 paid to an employee of the legislature shall be used to determine full-time status and for the
17 eligibility and calculation of all benefits, including but not limited to, retirement and
18 insurance.  This provision shall be remedial in nature and shall not eliminate or reduce any
19 current benefits of a legislative employee.  In addition to the amounts and limitations
20 provided in R.S. 24:31.5, these funds shall also be used to provide an additional two hundred
21 seventy-five dollars per month to the total amount available to each legislator for the salary
22 of his legislative assistants which shall be obtained and disbursed as hereinafter provided.
23 (2)  Notwithstanding the provisions of R.S. 24:31.5, any legislative assistant
24 employed on or before December 1, 2007, may retain the salary they were earning on
25 December 1, 2007.
26 (B)  Of the sum above allocated to the two houses of the legislature, Thirty Million
27 Nine Hundred Ninety-Eight Thousand Three Hundred and No/100 ($30,998,300.00) Dollars
28 is hereby set aside and allocated for the use of the House of Representatives and Twenty-
29 Five Million Six Hundred Ninety-Four Thousand Two Hundred Ninety-Four and No/100
30 ($25,694,294.00) Dollars for the use of the Senate.
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1 (C)  The presiding officer of each house shall warrant on the state treasurer in favor
2 of the House of Representatives or the Senate, as the case may be, for the allocation herein
3 provided, or for so much thereof as may be necessary.  The aforesaid warrants shall be paid
4 out of the state general fund, and the state treasurer shall pay said warrants by preference
5 over all other warrants, except warrants for the salaries of constitutional officers of the state,
6 which shall be concurrent with the warrants provided for by this Act.
7 (D)(1)  The funds drawn as provided herein shall be deposited in the name of the
8 House of Representatives or the Senate, as the case may be, in an approved bank located in
9 this state selected by the presiding officer of each house.  Payment of per diem and mileage,
10 salaries of the members, officers, and employees, and other expenses of the legislature shall
11 be made by individual check, payable to the person or firm entitled thereto, signed by the
12 presiding officer of the House of Representatives as to disbursements by the House, and as
13 to disbursements by the Senate, signed by the president of the Senate.  Facsimile or
14 electronic signatures may be used; such payment also may be made by electronic funds
15 transfer through the automated clearing house and deposited into the account of the person
16 or firm entitled to such payment.
17 (2)  Copies of legislative documents of the Senate and the House shall be provided
18 at fees according to policy and schedules adopted by the secretary of the Senate and clerk
19 of the House, jointly, and approved by the president of the Senate and the speaker of the
20 House, jointly.  Funds derived from the sale of legislative documents of the Senate and the
21 House during legislative sessions shall be used to offset the cost of printing the journals and
22 calendars.
23 (3)  The legislature is hereby expressly authorized to receive and expend any monies
24 received as a result of any grants or donations or other forms of assistance as provided for
25 in Article VII, Section 9(A)(1) of the Louisiana Constitution of 1974.
26 (E)  Any portion of the funds herein allocated to the two houses, any portion of the
27 funds previously appropriated or interest earnings on such appropriations and any self-
28 generated revenues that are not required for the expenses of the 2022 Regular Session of the
29 Legislature, including printing and all expenses in connection therewith, are hereby
30 appropriated and may be used to pay the mileage, per diem, expenses of committees, and any
31 other expenses of the legislature during the 2022-2023 Fiscal Year; however, all funds
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1 remaining unexpended and/or unencumbered shall be returnable to the state general fund on
2 or before October 1, 2023.
3 Section 3.(A)  The sum of Twelve Million Five Hundred Thousand and No/100
4 ($12,500,000.00) Dollars is hereby allocated out of the total appropriation from the state
5 general fund made in Section 1 of this Act to the legislative auditor, to pay the expenses of
6 his office, including the salaries and expenses of his employees, the costs of equipment, and
7 all other expenses incurred by that office in connection with the operation thereof during the
8 2022-2023 Fiscal Year. 
9 (B)(1)  The sum of Three Hundred Fifty Thousand and No/100 ($350,000.00) Dollars
10 is hereby appropriated, payable from the state general fund, to establish an agency working
11 capital fund to be known as the Legislative Auditor Ancillary Enterprise Fund.  Of the funds
12 available in the ancillary enterprise fund, the sum of Twenty-Three Million Five Hundred
13 Sixty-Four Thousand Four Hundred Thirty-Four and No/100 ($23,564,434.00) Dollars is
14 authorized to be used by the legislative auditor, in addition to the amount allocated in
15 Section 3.(A) hereof, to pay the expenses of his office, including the salaries and expenses
16 of his employees, the costs of equipment, and all other expenses incurred by that office in
17 connection with the operations thereof during the 2022-2023 Fiscal Year.
18 (2)  The legislative auditor, in addition to the authority contained in R.S. 24:517.1,
19 shall be authorized to receive reimbursement of actual expenses of audits performed on
20 federally funded programs, both direct and indirect, and regulatory boards funded primarily
21 from fees and self-generated revenues and self-supported enterprise functions for the
22 purpose of generating revenue to pay expenses as provided in Section 3.(B)(1) of this Act.
23 Reimbursement for audits performed on federally funded programs shall be limited to
24 reimbursement authorized by federal laws and regulations. 
25 (3)  Notwithstanding any provision of law to the contrary, including the General
26 Appropriation Act, in addition to the authority contained in R.S. 24:517.1 and 517.3, the
27 legislative auditor is authorized to allocate and collect from each auditee included in the
28 state's Comprehensive Annual Financial Report, exclusive of those auditees audited by
29 independent certified public accountants, such amounts as may be reasonably necessary to
30 compensate the legislative auditor for services rendered and costs incurred in connection
31 with the audit of each auditee.  In the collection of such amounts, the legislative auditor
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1 shall, on or after the first day of July of each year, notify and warrant, without any other
2 approval, the state treasurer of the amount allocated to each auditee.  The state treasurer,
3 upon receipt of said notice and warrant, shall transfer forthwith the amounts allocated to
4 each auditee from monies accruing or available to the auditee to the Legislative Auditor
5 Ancillary Enterprise Fund.  Notwithstanding the foregoing, the sum of all amounts allocated
6 to all such auditees shall not exceed the amount appropriated to the legislative auditor from
7 the Legislative Auditor Ancillary Enterprise Fund in accordance with Section 3.(B)(1)
8 herein. 
9 (C)  In the conduct of such functions all receipts of self-generated revenues shall be
10 deposited in the state treasury to the credit of the Legislative Auditor Ancillary Enterprise
11 Fund and disbursements made by the state treasurer to the extent of the amounts deposited
12 to the credit of such fund in accordance with provisions of law governing expenditures.  All
13 monies from self-generated revenue of the legislative auditor's office shall be paid to the
14 Legislative Auditor Ancillary Enterprise Fund and shall be deemed to be available for
15 expenditure in the amount herein appropriated, and any increase in self-generated revenue
16 over the amount herein appropriated shall be available for expenditure by the legislative
17 auditor only on approval by the co-chairmen of the Legislative Budgetary Control Council. 
18 (D)  The legislative auditor shall warrant on the state treasurer for the monies
19 allocated by this Section, and the warrant shall be paid by the state treasurer out of the state
20 general fund.  The funds so drawn shall be disbursed only in accordance with budgeted
21 amounts provided herein and such amendments as may be approved by the Legislative
22 Budgetary Control Council.
23 (E)  In addition to any portion of the funds herein allocated in this Section to the
24 legislative auditor, any portion of the funds previously appropriated to the legislative auditor,
25 and all other revenue and funds of the legislative auditor, or interest earnings, are hereby
26 appropriated and may be used to defray the expenses of the legislative auditor.  These funds
27 shall be subject to warrant by the legislative auditor on the state treasurer, in an amount not
28 to exceed the total balance remaining at the end of the previous fiscal year; however, all
29 funds remaining unexpended and/or unencumbered shall be returnable to the state general
30 fund on or before October 1, 2023.
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1 Section 4.(A)  The sum of Three Million One Hundred Fifty-Eight Thousand Eight
2 Hundred Forty-Nine and No/100 ($3,158,849.00) Dollars is hereby allocated out of the total
3 appropriation from the state general fund made in Section 1 of this Act to the Joint
4 Legislative Committee on the Budget, to be used solely for the operations of the Legislative
5 Fiscal Office and in particular to pay the expenses thereof, including the salaries and
6 expenses of its employees, the cost of equipment, and all other expenses incurred by said
7 office in connection with the operation thereof during the 2022-2023 Fiscal Year.  The
8 operations and functions of the Legislative Fiscal Office shall be under the direction and
9 supervision of the Joint Legislative Committee on the Budget.  Any contracts for consultant
10 services shall be approved by the Legislative Budgetary Control Council and the Joint
11 Legislative Committee on the Budget.
12 (B)  The legislative fiscal officer shall warrant on the state treasurer for the allocation
13 provided by this Section, and the warrant shall be paid by the state treasurer out of the state
14 general fund.  The funds so drawn shall be disbursed only in accordance with a budget
15 approved by the Joint Legislative Committee on the Budget and the Legislative Budgetary
16 Control Council. 
17 (C)  Any portion of the funds herein allocated to the Legislative Fiscal Office, any
18 portion of the funds previously appropriated or interest earnings on such appropriations and
19 any self-generated revenues that are not required for the expenses of the 2022 Regular
20 Session of the Legislature, including printing and all expenses in connection therewith, are
21 hereby appropriated and may be used to pay expenses of the Legislative Fiscal Office during
22 the 2022-2023 Fiscal Year; however, all funds remaining unexpended and/or unencumbered
23 shall be returnable to the state general fund on or before October 1, 2023.
24 (D)  The sum of Four Hundred Eighty Thousand Dollars and No/100 ($480,000.00)
25 is hereby appropriated out of the state general fund to the Joint Legislative Committee on
26 the Budget to be used solely for the operations of the Legislative Fiscal Office.
27 Section 5.(A)  The sum of One Million One Hundred Thirty-One Thousand Four
28 Hundred One and No/100 ($1,131,401.00) Dollars is hereby allocated out of the total
29 appropriation from the state general fund made in Section 1 of this Act to the Louisiana State
30 Law Institute, to pay the expenses thereof, including the salaries and expenses of its
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1 employees, the cost of equipment, and all other expenses incurred by said office in
2 connection with the operation thereof during the 2022-2023 Fiscal Year.
3 (B)  The executive director of the Louisiana State Law Institute shall warrant on the
4 state treasurer for the allocation provided by this Section, and the warrant shall be paid by
5 the state treasurer out of the state general fund.  The funds so drawn shall be disbursed only
6 in accordance with a budget approved by the Legislative Budgetary Control Council and
7 subject to the budgetary control of said council.
8 (C)  Any portion of the funds herein allocated to the Louisiana State Law Institute,
9 any portion of the funds previously appropriated or interest earnings on such appropriations
10 and any self-generated revenues may be used to pay expenses of the Louisiana State Law
11 Institute during the 2022-2023 Fiscal Year; however, all funds remaining unexpended and/or
12 unencumbered shall be returnable to the state general fund on or before October 1, 2023.
13 Section 6.(A)  The sum of Eleven Million Eight Hundred Fifteen Thousand and
14 No/100 ($11,815,000.00) Dollars is hereby allocated out of the total appropriation from the
15 state general fund made in Section 1 of this Act and the balance on July 2, 2022, of the fund
16 created pursuant to Section 13 of Act 513 of the 2008 Regular Session is hereby
17 appropriated to the Legislative Budgetary Control Council, all of which may be used to pay
18 the expenses thereof, including salaries and expenses of certain legislative employees,
19 expenses of the Huey P. Long Memorial Law Library, the David R. Poynter Legislative
20 Research Library, contracts for professional services, mileage and per diem expenses of the
21 interim activities of joint legislative committees created by statute or by the presiding
22 officers of the Senate and the House of Representatives to which no specific allocation of
23 funds is made in this Act, as approved by the council or, jointly, by the co-chairmen of the
24 council, the cost of construction, maintenance, repair, improvements, renovations, and access
25 to the capitol building, capitol annex building, building for legislative use, pentagon courts,
26 and arsenal building, and adjacent grounds, and purchase, maintenance, and repair of
27 furniture and equipment, audio-visual systems, security systems, information networks,
28 technological enhancements, technical support, and computer equipment and services, as
29 jointly approved by the president of the Senate and the speaker of the House of
30 Representatives, the cost of equipment, dues to legislative associations, to pay costs to
31 maintain actuarial integrity of the state retirement system affected by the inclusion of certain
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1 legislative employees, and all other expenses incurred by said council in connection with the
2 operation thereof during the 2022-2023 Fiscal Year.
3 (B)  The co-chairmen of the Legislative Budgetary Control Council shall jointly
4 warrant on the state treasurer for the monies appropriated and allocated by this Section, and
5 the state treasurer shall pay their warrants by preference over all other warrants, except
6 warrants for the salaries of constitutional officers of the state, which shall be concurrent with
7 warrants provided for by this Act.
8 (C)  The funds drawn as provided herein shall be deposited in the name of the
9 Legislative Budgetary Control Council in an approved bank located in this state selected by
10 the presiding co-chairmen of the council.  Payment of per diem and mileage, salaries of the
11 officers and employees, and other expenses of the Legislative Budgetary Control Council
12 shall be made by individual check, payable to the person or firm entitled thereto, signed by
13 the presiding co-chairmen of the council.  Facsimile or electronic signatures may be used;
14 such payment  also may be made by electronic funds transfer through the automated clearing
15 house and deposited into the account of the person or firm entitled to such payment.
16 (D)  Any portion of the funds herein allocated to the Legislative Budgetary Control
17 Council, any portion of the funds previously appropriated, or interest earnings on any such
18 appropriations, and self-generated revenues are hereby appropriated and may be used to pay
19 any expenses of the Legislative Budgetary Control Council during the 2022-2023 Fiscal
20 Year; however, all funds remaining unexpended and/or unencumbered shall be returnable
21 to the state general fund on or before October 1, 2023.
22 Section 7.  In accordance with R.S. 39:51(D), a comparative statement of the existing
23 operating budget for FY 2021-2022 and the appropriation for FY 2022-2023 from the state
24 general fund is as follows:
25 Entity              FY 2021-2022    FY 2022-2023
26                        (Act No. 117 of 21 RS) 
27 House of Representatives$28,998,300                        $30,998,300
28 Senate 	$21,764,498                          $25,694,294
29 Legislative Auditor $10,000,000	$12,500,000
30 Legislative Fiscal Office        $3,158,849	$ 3,638,849
31 La. State Law Institute   $1,131,401	$ 1,131,401
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1 Legislative Budgetary  
2   Control Council $8,557,125	$11,815,000
3 Total state general fund $73,610,173	$85,777,844
4 The Legislative Auditor for FY 2021-2022 was appropriated self-generated funds in
5 the amount of $23,824,945 and for FY 2022-2023 is appropriated self-generated funds in the
6 amount of $23,564,434.  The Legislative Budgetary Control Council for FY 2021-2022 was
7 appropriated the balance of the technology fund on July 2, 2021, and for FY 2022-2023 is
8 appropriated the balance on July 2, 2022, of said fund.
9 Section 8.  This Act shall become effective on July 1, 2022; if vetoed by the governor
10 and subsequently approved by the legislature, this Act shall become effective on July 1,
11 2022, or on the day following such approval by the legislature, whichever is later.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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