HLS 10RS-1593 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 853
BY REPRESENTATIVE SIMON
ELECTED OFFICIALS: Limits the number of personnel authorized for departments
operating under certain elected officials
AN ACT1
To amend and reenact R.S. 39:85(B) and to enact R.S. 39:85.1, relative to changes in2
personnel; to provide for limitations on the number of personnel authorized for3
departments operating under certain elected officials; to provide for an effective date;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 39:85(B) is hereby amended and reenacted and R.S. 39:85.1 is7
hereby enacted to read as follows: 8
§85. Changes in personnel table9
* * *10
B. After preparation of the personnel tables in accordance with R.S. 39:84,11
a change in the personnel table for any budget unit, program, or subprogram during12
a fiscal year shall be made only in accordance with provisions of an appropriation13
act and of this Part for transfer of funds and for changes in the number of authorized14
positions. Personnel Except as provided in R.S. 39:85.1, personnel transactions15
made pursuant to changes in the personnel table shall be effective only when16
approved as required in R.S. 39:84(B) and (C).17
§85.1. Limitations on personnel18
For certain elected officials, the total number of positions not funded by the19
salaries continuing category of the accounting system for the state shall not exceed20 HLS 10RS-1593 ORIGINAL
HB NO. 853
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the total number of such positions that existed within those offices as of October 2,1
2009, unless otherwise authorized by the commissioner of administration or as2
provided by law. This limitation shall not affect the number of authorized positions3
as defined in Paragraph (5) of R.S. 39:2. For the purposes of this Section, "certain4
elected officials" shall mean the Public Service Commission and all statewide elected5
officials in the executive branch of state government, excluding the governor.6
Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor7
and subsequently approved by the legislature, this Act shall become effective on July 1,8
2010, or on the day following such approval by the legislature, whichever is later.9
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)]
Simon HB No. 853
Abstract: Provides for a limitation of personnel authorized for departments operating under
certain elected officials.
Present law provides that changes in the number of authorized personnel shall only be made
in accordance with provisions of an appropriation act and shall only be effective when
approved by as provided in present law (R.S. 39:84(B) and (C)).
Present law defines "authorized positions" as the number of positions approved by the
legislature in an appropriation bill to be funded by the salaries continuing category of the
accounting system for the state. The number may be adjusted during a fiscal year in
accordance with procedures provided by law.
Proposed law provides as an exception to present law that for certain elected officials, the
total number of positions not funded by the salaries continuing category of the accounting
system for the state shall not exceed the total number of such positions that existed within
those offices as of October 2, 2009, unless otherwise authorized by the commissioner of
administration or as provided by law. This limitation shall not affect the number of
authorized positions as defined in present law (Para (5) of R.S. 39:2). "Certain elected
officials" shall mean the Public Service Commission and all statewide elected officials in
the executive branch of state government, excluding the governor.
(Amends R.S. 39:85(B); Adds R.S. 39:85.1)