Louisiana 2023 2023 Regular Session

Louisiana House Bill HB636 Chaptered / Bill

                    ENROLLED
ACT No. 415
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
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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
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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
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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
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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
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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.
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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.
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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
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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:  
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