ENROLLED 2023 Regular Session HOUSE BILL NO. 636 BY REPRESENTATIVE SCHEXNAYDER AND SENATORS ABRAHAM, BARROW, BOUDREAUX, CLOUD, FESI, HARRIS, HENRY, TARVER, AND WHITE 1 AN ACT 2 To appropriate funds for Fiscal Year 2023-2024 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-Seven Million Two Hundred Ninety-Six Thousand 10 Five Hundred Sixty-Six and No/100 ($87,296,566.00) Dollars, or so much thereof as may 11 be necessary, is hereby appropriated out of the state general fund, the sum of Twenty-Three 12 Million Seven Hundred Eighty Thousand Six Hundred Forty-Nine and No/100 13 ($23,780,649.00) Dollars is hereby appropriated out of self-generated funds and the sum of 14 Six Million and No/100 ($6,000,000.00) Dollars is hereby appropriated by statutory 15 dedications out the Legislative Capitol Technology Enhancement Fund to the Legislative 16 Budgetary Control Council to defray the expenses of the legislature, including the House of 17 Representatives and the Senate, the staffs of the House of Representatives and of the Senate, 18 the Legislative Auditor, the Legislative Fiscal Office, the Legislative Budgetary Control 19 Council, and the Louisiana State Law Institute. 20 Section 2.(A)(1) Out of the total amount herein appropriated from the state general 21 fund, Fifty-Seven Million Four Hundred Fifteen Thousand Eight Hundred Eleven and 22 No/100 ($57,415,811.00) Dollars is hereby allocated to provide the salary and allowances Page 1 of 9 HB NO. 636 ENROLLED 1 of members, officers, and staff of the House of Representatives, and the salary and 2 allowances for the speaker of the House of Representatives and for expenses of his office, 3 including reimbursement for actual expenses as presiding officer and for his service to or for 4 the benefit of the House of Representatives, the legislature, the legislative branch of 5 government, or the state, as determined by the speaker, and to provide the salary and 6 allowances of members, officers, and staff of the Senate, and the salary and allowances for 7 the president of the Senate and for expenses of his office, including reimbursement for actual 8 expenses as presiding officer and for his service to or for the benefit of the Senate, the 9 legislature, the legislative branch of government, or the state, as determined by the president 10 of the Senate. These funds shall also be used to pay mileage and per diem of the members 11 of the legislature and mileage and per diem expenses of committees; salaries and/or expense 12 allowances of officers and employees of the legislature; costs of renovations, maintenance, 13 repairs, and necessary additions to the House and/or Senate chambers and other legislative 14 rooms; audio-visual systems, information networks, technological enhancements, and 15 technical support; printing the bills, journals, and calendars; computer equipment and 16 services; library services; provision of accessibility services for persons with disabilities 17 during sessions of the legislature and during the interim; and for all other expenses of the 18 legislature. Notwithstanding any other provision of law to the contrary, any and all monies 19 paid to an employee of the legislature shall be used to determine full-time status and for the 20 eligibility and calculation of all benefits, including but not limited to, retirement and 21 insurance. This provision shall be remedial in nature and shall not eliminate or reduce any 22 current benefits of a legislative employee. In addition to the amounts and limitations 23 provided in R.S. 24:31.5, these funds shall also be used to provide an additional two hundred 24 seventy-five dollars per month to the total amount available to each legislator for the salary 25 of 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 27 employed on or before December 1, 2007, may retain the salary they were earning on 28 December 1, 2007. 29 (B) Of the sum above allocated to the two houses of the legislature, Thirty Million 30 Nine Hundred Ninety-Eight Thousand Three Hundred and No/100 ($30,998,300.00) Dollars 31 is hereby set aside and allocated for the use of the House of Representatives and Twenty-Six Page 2 of 9 HB NO. 636 ENROLLED 1 Million Four Hundred Seventeen Thousand Five Hundred Eleven and No/100 2 ($26,417,511.00) Dollars for the use of the Senate. 3 (C) The presiding officer of each house shall warrant on the state treasurer in favor 4 of the House of Representatives or the Senate, as the case may be, for the allocation herein 5 provided, or for so much thereof as may be necessary. The aforesaid warrants shall be paid 6 out of the state general fund, and the state treasurer shall pay said warrants by preference 7 over all other warrants, except warrants for the salaries of constitutional officers of the state, 8 which 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 10 House of Representatives or the Senate, as the case may be, in an approved bank located in 11 this state selected by the presiding officer of each house. Payment of per diem and mileage, 12 salaries of the members, officers, and employees, and other expenses of the legislature shall 13 be made by individual check, payable to the person or firm entitled thereto, signed by the 14 presiding officer of the House of Representatives as to disbursements by the House, and as 15 to disbursements by the Senate, signed by the president of the Senate. Facsimile or 16 electronic signatures may be used; such payment also may be made by electronic funds 17 transfer through the automated clearing house and deposited into the account of the person 18 or firm entitled to such payment. 19 (2) Copies of legislative documents of the Senate and the House shall be provided 20 at fees according to policy and schedules adopted by the secretary of the Senate and clerk 21 of the House, jointly, and approved by the president of the Senate and the speaker of the 22 House, jointly. Funds derived from the sale of legislative documents of the Senate and the 23 House during legislative sessions shall be used to offset the cost of printing the journals and 24 calendars. 25 (3) The legislature is hereby expressly authorized to receive and expend any monies 26 received as a result of any grants or donations or other forms of assistance as provided for 27 in 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 29 funds previously appropriated or interest earnings on such appropriations and any self- 30 generated revenues that are not required for the expenses of the 2023 Regular Session of the 31 Legislature, including printing and all expenses in connection therewith, are hereby Page 3 of 9 HB NO. 636 ENROLLED 1 appropriated and may be used to pay the mileage, per diem, expenses of committees, and any 2 other expenses of the legislature during the 2023-2024 Fiscal Year; however, all funds 3 remaining unexpended and/or unencumbered shall be returnable to the state general fund on 4 or before October 1, 2024. 5 Section 3.(A) The sum of Thirteen Million Three Hundred Fifty Thousand and 6 No/100 ($13,350,000.00) Dollars is hereby allocated out of the total appropriation from the 7 state general fund made in Section 1 of this Act to the legislative auditor, to pay the expenses 8 of his office, including the salaries and expenses of his employees, the costs of equipment, 9 and all other expenses incurred by that office in connection with the operation thereof during 10 the 2023-2024 Fiscal Year. 11 (B)(1) The sum of Three Hundred Fifty Thousand and No/100 ($350,000.00) Dollars 12 is hereby appropriated, payable from the state general fund, to establish an agency working 13 capital fund to be known as the Legislative Auditor Ancillary Enterprise Fund. Of the funds 14 available in the ancillary enterprise fund, the sum of Twenty-Three Million Seven Hundred 15 Eighty Thousand Six Hundred Forty-Nine and No/100 ($23,780,649.00) Dollars is 16 authorized to be used by the legislative auditor, in addition to the amount allocated in 17 Section 3.(A) hereof, to pay the expenses of his office, including the salaries and expenses 18 of his employees, the costs of equipment, and all other expenses incurred by that office in 19 connection with the operations thereof during the 2023-2024 Fiscal Year. 20 (2) The legislative auditor, in addition to the authority contained in R.S. 24:517.1, 21 shall be authorized to receive reimbursement of actual expenses of audits performed on 22 federally funded programs, both direct and indirect, and regulatory boards funded primarily 23 from fees and self-generated revenues and self-supported enterprise functions for the 24 purpose of generating revenue to pay expenses as provided in Section 3.(B)(1) of this Act. 25 Reimbursement for audits performed on federally funded programs shall be limited to 26 reimbursement authorized by federal laws and regulations. 27 (3) Notwithstanding any provision of law to the contrary, including the General 28 Appropriation Act, in addition to the authority contained in R.S. 24:517.1 and 517.3, the 29 legislative auditor is authorized to allocate and collect from each auditee included in the 30 state's Comprehensive Annual Financial Report, exclusive of those auditees audited by 31 independent certified public accountants, such amounts as may be reasonably necessary to Page 4 of 9 HB NO. 636 ENROLLED 1 compensate the legislative auditor for services rendered and costs incurred in connection 2 with the audit of each auditee. In the collection of such amounts, the legislative auditor 3 shall, on or after the first day of July of each year, notify and warrant, without any other 4 approval, the state treasurer of the amount allocated to each auditee. The state treasurer, 5 upon receipt of said notice and warrant, shall transfer forthwith the amounts allocated to 6 each auditee from monies accruing or available to the auditee to the Legislative Auditor 7 Ancillary Enterprise Fund. Notwithstanding the foregoing, the sum of all amounts allocated 8 to all such auditees shall not exceed the amount appropriated to the legislative auditor from 9 the Legislative Auditor Ancillary Enterprise Fund in accordance with Section 3.(B)(1) 10 herein. 11 (C) In the conduct of such functions all receipts of self-generated revenues shall be 12 deposited in the state treasury to the credit of the Legislative Auditor Ancillary Enterprise 13 Fund and disbursements made by the state treasurer to the extent of the amounts deposited 14 to the credit of such fund in accordance with provisions of law governing expenditures. All 15 monies from self-generated revenue of the legislative auditor's office shall be paid to the 16 Legislative Auditor Ancillary Enterprise Fund and shall be deemed to be available for 17 expenditure in the amount herein appropriated, and any increase in self-generated revenue 18 over the amount herein appropriated shall be available for expenditure by the legislative 19 auditor only on approval by the co-chairmen of the Legislative Budgetary Control Council. 20 (D) The legislative auditor shall warrant on the state treasurer for the monies 21 allocated by this Section, and the warrant shall be paid by the state treasurer out of the state 22 general fund. The funds so drawn shall be disbursed only in accordance with budgeted 23 amounts provided herein and such amendments as may be approved by the Legislative 24 Budgetary Control Council. 25 (E) In addition to any portion of the funds herein allocated in this Section to the 26 legislative auditor, any portion of the funds previously appropriated to the legislative auditor, 27 and all other revenue and funds of the legislative auditor, or interest earnings, are hereby 28 appropriated and may be used to defray the expenses of the legislative auditor. These funds 29 shall be subject to warrant by the legislative auditor on the state treasurer, in an amount not 30 to exceed the total balance remaining at the end of the previous fiscal year; however, all Page 5 of 9 HB NO. 636 ENROLLED 1 funds remaining unexpended and/or unencumbered shall be returnable to the state general 2 fund on or before October 1, 2024. 3 Section 4.(A) The sum of Three Million Five Hundred Sixteen Thousand Eight 4 Hundred Fifty-Four and No/100 ($3,516,854.00) Dollars is hereby allocated out of the total 5 appropriation from the state general fund made in Section 1 of this Act to the Joint 6 Legislative Committee on the Budget, to be used solely for the operations of the Legislative 7 Fiscal Office and in particular to pay the expenses thereof, including the salaries and 8 expenses of its employees, the cost of equipment, and all other expenses incurred by said 9 office in connection with the operation thereof during the 2023-2024 Fiscal Year. The 10 operations and functions of the Legislative Fiscal Office shall be under the direction and 11 supervision of the Joint Legislative Committee on the Budget. Any contracts for consultant 12 services shall be approved by the Legislative Budgetary Control Council and the Joint 13 Legislative Committee on the Budget. 14 (B) The legislative fiscal officer shall warrant on the state treasurer for the allocation 15 provided by this Section, and the warrant shall be paid by the state treasurer out of the state 16 general fund. The funds so drawn shall be disbursed only in accordance with a budget 17 approved by the Joint Legislative Committee on the Budget and the Legislative Budgetary 18 Control Council. 19 (C) Any portion of the funds herein allocated to the Legislative Fiscal Office, any 20 portion of the funds previously appropriated or interest earnings on such appropriations and 21 any self-generated revenues that are not required for the expenses of the 2023 Regular 22 Session of the Legislature, including printing and all expenses in connection therewith, are 23 hereby appropriated and may be used to pay expenses of the Legislative Fiscal Office during 24 the 2023-2024 Fiscal Year; however, all funds remaining unexpended and/or unencumbered 25 shall be returnable to the state general fund on or before October 1, 2024. 26 Section 5.(A) The sum of One Million One Hundred Ninety-Eight Thousand Nine 27 Hundred One and No/100 ($1,198,901.00) Dollars is hereby allocated out of the total 28 appropriation from the state general fund made in Section 1 of this Act to the Louisiana State 29 Law Institute, to pay the expenses thereof, including the salaries and expenses of its 30 employees, the cost of equipment, and all other expenses incurred by said office in 31 connection with the operation thereof during the 2023-2024 Fiscal Year. Page 6 of 9 HB NO. 636 ENROLLED 1 (B) The executive director of the Louisiana State Law Institute shall warrant on the 2 state treasurer for the allocation provided by this Section, and the warrant shall be paid by 3 the state treasurer out of the state general fund. The funds so drawn shall be disbursed only 4 in accordance with a budget approved by the Legislative Budgetary Control Council and 5 subject to the budgetary control of said council. 6 (C) Any portion of the funds herein allocated to the Louisiana State Law Institute, 7 any portion of the funds previously appropriated or interest earnings on such appropriations 8 and any self-generated revenues may be used to pay expenses of the Louisiana State Law 9 Institute during the 2023-2024 Fiscal Year; however, all funds remaining unexpended and/or 10 unencumbered shall be returnable to the state general fund on or before October 1, 2024. 11 Section 6.(A) The sum of Eleven Million Eight Hundred Fifteen Thousand and 12 No/100 ($11,815,000.00) Dollars is hereby allocated out of the total appropriation from the 13 state general fund made in Section 1 of this Act and the balance on July 2, 2023, of the fund 14 created pursuant to Section 13 of Act 513 of the 2008 Regular Session is hereby 15 appropriated to the Legislative Budgetary Control Council, all of which may be used to pay 16 the expenses thereof, including salaries and expenses of certain legislative employees, 17 expenses of the Huey P. Long Memorial Law Library, the David R. Poynter Legislative 18 Research Library, contracts for professional services, mileage and per diem expenses of the 19 interim activities of joint legislative committees created by statute or by the presiding 20 officers of the Senate and the House of Representatives to which no specific allocation of 21 funds is made in this Act, as approved by the council or, jointly, by the co-chairmen of the 22 council, the cost of construction, maintenance, repair, improvements, renovations, and access 23 to the capitol building, capitol annex building, building for legislative use, pentagon courts, 24 and arsenal building, and adjacent grounds, and purchase, maintenance, and repair of 25 furniture and equipment, audio-visual systems, security systems, information networks, 26 technological enhancements, technical support, and computer equipment and services, as 27 jointly approved by the president of the Senate and the speaker of the House of 28 Representatives, the cost of equipment, dues to legislative associations, to pay costs to 29 maintain actuarial integrity of the state retirement system affected by the inclusion of certain 30 legislative employees, and all other expenses incurred by said council in connection with the 31 operation thereof during the 2023-2024 Fiscal Year. Page 7 of 9 HB NO. 636 ENROLLED 1 (B) The co-chairmen of the Legislative Budgetary Control Council shall jointly 2 warrant on the state treasurer for the monies appropriated and allocated by this Section, and 3 the state treasurer shall pay their warrants by preference over all other warrants, except 4 warrants for the salaries of constitutional officers of the state, which shall be concurrent with 5 warrants provided for by this Act. 6 (C) The funds drawn as provided herein shall be deposited in the name of the 7 Legislative Budgetary Control Council in an approved bank located in this state selected by 8 the presiding co-chairmen of the council. Payment of per diem and mileage, salaries of the 9 officers and employees, and other expenses of the Legislative Budgetary Control Council 10 shall be made by individual check, payable to the person or firm entitled thereto, signed by 11 the presiding co-chairmen of the council. Facsimile or electronic signatures may be used; 12 such payment also may be made by electronic funds transfer through the automated clearing 13 house and deposited into the account of the person or firm entitled to such payment. 14 (D) Any portion of the funds herein allocated to the Legislative Budgetary Control 15 Council, any portion of the funds previously appropriated, or interest earnings on any such 16 appropriations, and self-generated revenues are hereby appropriated and may be used to pay 17 any expenses of the Legislative Budgetary Control Council during the 2023-2024 Fiscal 18 Year; however, all funds remaining unexpended and/or unencumbered shall be returnable 19 to the state general fund on or before October 1, 2024. 20 Section 7. Notwithstanding the provisions of R.S. 24:31(B) to the contrary, the 21 compensation of members of the legislature shall be equal to the rate allowable for per diem 22 deduction under 26 U.S.C. 162 (h)(1)(B)(ii) for the location of the state capitol during their 23 attendance on that body. 24 Section 8. In accordance with R.S. 39:51(D), a comparative statement of the existing 25 operating budget for FY 2022-2023 and the appropriation for FY 2023-2024 from the state 26 general fund is as follows: 27 Entity FY 2022-2023 FY 2023-2024 28 (Act No. 198 of 22 RS) 29 House of Representatives$30,998,300 $30,998,300 30 Senate $25,694,294 $26,417,511 31 Legislative Auditor $12,500,000 $13,350,000 Page 8 of 9 HB NO. 636 ENROLLED 1 Legislative Fiscal Office$3,638,849 $3,516,854 2 La. State Law Institute $1,131,401 $ 1,198,901 3 Legislative Budgetary 4 Control Council $11,815,000 $11,815,000 5 Total state general fund $85,297,444 $87,296,566 The Legislative Auditor for FY 2022-2023 6 was appropriated self-generated funds in 7 the amount of $23,564,434 and for FY 2023-2024 is appropriated self-generated funds in the 8 amount of $23,780,649. The Legislative Budgetary Control Council for FY 2022-2023 was 9 appropriated the balance of the technology fund on July 2, 2022, and for FY 2023-2024 is 10 appropriated the balance on July 2, 2023, including the $6,000,000 balance of federal 11 American Rescue Plan Act funds, of said fund. 12 Section 9. This Act shall become effective on July 1, 2023; if vetoed by the governor 13 and subsequently approved by the legislature, this Act shall become effective on July 1, 14 2023, 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: Page 9 of 9