Louisiana 2010 2010 Regular Session

Louisiana Senate Bill SB293 Engrossed / Bill

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Regular Session, 2010
SENATE BILL NO. 293
BY SENATOR DONAHUE 
STATE AGENCIES. Requires the commissioner of administration and the Board of
Regents to establish and implement an agency attrition analysis process. (8/15/10)
AN ACT1
To enact R.S.39:84.1 and R.S. 42:375.2, relative to agency position attrition analysis in the2
executive branch of state government; to require the commissioner of administration3
to establish and implement an agency attrition analysis process; to require the Board4
of Regents to establish and implement an agency attrition analysis process; to5
provide for reports to the Commission on Streamlining Government; and to provide6
for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  R.S. 39:84.1 and R.S. 42:375.2 are hereby enacted to read as follows: 9
§84.1.  Agency position attrition analysis process10
A. The commissioner of administration shall establish and implement11
an agency position attrition analysis process to be used by each executive12
branch agency to review historical position vacancies, relative to authorized13
positions for each budget unit, program, and subprogram.  For comparative14
purposes, Fiscal Year 2007-2008 shall be established as the base year. Beginning15
in Fiscal Year 2010-2011 and each year thereafter, each agency shall compare16
the number of authorized positions for each budget unit, program, and17 SB NO. 293
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subprogram to the number of authorized positions for those budget units,1
programs, and subprograms within the agency during the base year.  The2
agency shall note all changes across budget units, programs, and subprograms,3
as well as any changes that occur relative to the distribution of positions within4
salary ranges.5
B. In implementing the requirements of Subsection A of this Section, the6
commissioner of administration shall establish a process which requires the7
analysis of the following:8
(1) General staffing needs of each executive branch agency.9
(2) The state general fund cost associated with the filling of each vacant10
position.11
(3) Any other information necessary to properly evaluate whether to12
retain or eliminate each vacant position.13
(4) Any workload measures which affect changes in the number of14
positions over time.15
(5) Any changes in law which affect staffing needs of an agency.16
C. Each executive branch agency shall report the results of its analysis17
as provided by Subsection A of this Section to the commissioner of18
administration no later than January 15 of each year.  On the first day of the19
month following the month in which the executive budget is submitted to the20
Joint Legislative Committee on the Budget, the commissioner of administration21
shall provide a written report to the Commission on Streamlining Government.22
D. For the purposes of this Section, the following terms shall have the23
following meanings unless the context clearly indicates otherwise:24
(1)  "Executive branch department" means:25
(a)  Each of the twenty executive branch departments authorized by26
Article IV, Section 1(B) of the Constitution of Louisiana, and each executive27
branch agency allocated thereto, which is not subject to the provisions of R.S.28
42:375.2.29 SB NO. 293
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(b) Each executive branch agency not allocated to an executive branch1
department or subject to the provisions of R.S. 42:375.2.2
(2) "Executive branch agency" means and includes all departments,3
agencies, boards, commissions, and other instrumentalities contained in the4
General Appropriation Act or the Ancillary Appropriations Act, but does not5
mean or include political subdivisions, as defined by Article VI, Section 44(2)6
of the Constitution of Louisiana or any executive branch agencies which are7
subject to the provisions of R.S. 42:375.2.8
(3) "Vacant position" means any authorized position of employment for9
which a budget has been approved and an appropriation has been made or a10
transfer of funds effected pursuant to law which is funded in whole or in part11
from the state general fund, but which is not filled.12
E. Nothing in this Section shall limit the authority of the management13
boards of public postsecondary education to manage the institutions under their14
authority, pursuant to the Louisiana Constitution or as otherwise provided in15
R.S. 17:3351 et seq.16
Section 2.  R.S. 42:375.2 is hereby enacted to read as follows:17
§375.2.  Agency attrition analysis process, higher education systems18
A. The Board of Regents shall establish and implement an agency19
attrition analysis process to be used by each higher education system to review20
the historical employee vacancies, relative to authorized table of organization21
full and part-time positions funded in whole or in part by the state general fund,22
within each agency with a goal to reduce by five percent annually for three23
years by an equally proportionate reduction of such positions across all salary24
ranges of equal increments, beginning Fiscal Year 2010-2011, the number of25
such positions in each higher education system.26
B. In implementing the requirements of Subsection A of this Section, the27
Board of Regents shall establish a process which requires the analysis of the28
following:29 SB NO. 293
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(1) General staffing needs of each higher education system.1
(2) The state general fund cost associated with the filling of each vacant2
position.3
(3) Any other information necessary to properly evaluate whether to4
retain or eliminate each vacant position.5
C. On the first day of the month following the month in which the6
executive budget is submitted to the Joint Legislative Committee on the Budget,7
the Board of Regents shall provide a written report to the Commission on8
Streamlining Government indicating the state general fund dollar savings9
achieved as a result of the implementation of the agency attrition analysis10
process and the number of vacant positions eliminated and any other11
information relating to personnel numbers, costs, and historical vacancies.12
D. For the purposes of this Section, the following terms shall have the13
following meanings unless the context clearly indicates otherwise:14
(1) "Agency" means and includes all agencies, boards, commissions, and15
other instrumentalities within a higher education system.16
(2) "Higher education system" means and includes each system and all17
institutions, agencies, and offices thereof for which the Board of Regents18
maintains budgetary responsibility as provided in Article VIII, Section 5(A) of19
the Constitution of Louisiana.20
(3) "Vacant position" means any authorized table of organization full or21
part-time position of employment for which a budget has been approved and an22
appropriation has been made or a transfer of funds effected pursuant to law23
which is funded in whole or in part by the state general fund, but which is not24
filled.25 SB NO. 293
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The original instrument was prepared by Thomas F. Wade. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jeanne C. Johnston.
DIGEST
Donahue (SB 293)
Proposed law requires the commissioner of administration to establish and implement an
agency position attrition analysis process to be used by each executive branch agency to
review historical position vacancies, relative to authorized positions for each budget unit,
program, and subprogram. Establishes FY 2007-08 as the base year for comparative
purposes.
Proposed law provides that beginning in FY 2910-11 and each year thereafter, each agency
shall compare the number of authorized positions for each budget unit, program, and
subprogram to the number of authorized positions for those budget units, programs, and
subprograms in the base year. Requires the agency to note all changes across budget units,
programs, and subprograms, as well as any changes that occur relative to the distribution of
positions within salary ranges.
Proposed law requires the process to analyze the following:
(1)General staffing needs of each agency.
(2)The state general fund cost associated with the filling of each vacant position.
(3)Any other information necessary to properly evaluate whether to retain or eliminate
each vacant position.
(4)Any workload measures which affect changes in the number of positions over time.
(5)Any changes in law which affect staffing needs of an agency.
Proposed law requires each executive branch agency to report the results of its analysis to
the commissioner of administration no later than January 15 of each year.  Requires the
commissioner of administration to provide a written report to the Commission on
Streamlining Government on the first day of the month following the month in which the
executive budget is submitted to the Joint Legislative Committee on the Budget.
Proposed law defines the following terms:
(1)"Executive branch department" means:
(a)Each of the 20 executive branch departments authorized by the constitution
and each executive branch agency allocated thereto, which is not subject to
the provisions of R.S. 42:375.2.
(b)Each executive branch agency not allocated to an executive branch
department or subject to the provisions of R.S. 42:375.2.
(2)"Executive branch agency" means and includes all departments, agencies, boards,
commissions, and other instrumentalities contained in the General Appropriation Act
or the Ancillary Appropriations Act, but does not mean or include political
subdivisions, as defined by Article VI, Section 44(2) of the Louisiana Constitution
or any executive branch agencies which are subject to the provisions of R.S.
42:375.2. SB NO. 293
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(3)"Vacant position" means any authorized position of employment for which a budget
has been approved and an appropriation has been made or a transfer of funds effected
pursuant to law, which is funded in whole or in part from the state general fund, but
which is not filled.
Provides that nothing in proposed law shall limit the constitutional or statutory authority of
the postsecondary education management boards to manage the institutions under their
authority.
Proposed law requires the Board of Regents (BOR) to establish and implement an agency
position attrition analysis process to be used by each higher education system to review the
historical employee vacancies relative to authorized table of organization full and part-time
positions, funded in whole or in part by the state general fund, within each agency.
Establishes a goal to reduce by 5% annually for three years, by an equally proportionate
reduction of such positions across all salary ranges of equal increments, the number of such
positions in each higher education system, beginning with FY 2010-2011.
Requires the Board of Regents' process to analyze the following:
(1)General staffing needs of each higher education system.
(2)The state general fund cost associated with the filling of each vacant position.
(3)Any other information necessary to properly evaluate whether to retain or eliminate
each vacant position.
Proposed law requires the BOR to provide a written report to the Commission on
Streamlining Government indicating the state general fund dollar savings achieved as a
result of the implementation of the agency position attrition analysis process and the number
of vacant positions eliminated and any other information relating to personnel numbers,
costs, and historical vacancies. Provides that such report be submitted on the first day of the
month following the month in which the executive budget is submitted to the Joint
Legislative Committee on the Budget.
Proposed law defines the following terms:
(1)"Agency" means and includes all agencies, boards, commissions, and other
instrumentalities within a higher education system.
(2) "Higher education system" means and includes each system and all institutions,
agencies, and offices thereof for which the BOR maintains budgetary responsibility
as provided in the state constitution.
(3)"Vacant position" means any authorized table of organization full or part-time
position of employment for which a budget has been approved and an appropriation
has been made or a transfer of funds effected pursuant to law which is funded in
whole or in part by the state general fund, but which is not filled.
Effective August 15, 2010.
(Adds R.S. 39:84.1 and R.S. 42:375.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill.
1. Requires the commissioner of administration to establish and implement an SB NO. 293
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words in boldface type and underscored are additions.
agency attrition analysis process to be used by the executive branch to review
historical employee vacancies, relative to the authorized table of organization
full and part-time positions within each agency, and to reduce by 5%
annually for three years by an equally proportionate reduction of positions
across all salary ranges of equal increments.
2. Requires analysis of general staffing needs instead of management and
clerical staffing needs of each executive branch agency.
3. Deletes provision of proposed law requiring a comparison of the cost
associated with the filling of each vacant position with the functions assigned
to the vacant position.
4. Requires a written report to the Commission on Streamlining Government on
the first day of the month following the month in which the executive budget
is submitted to the Joint Legislative Committee on the Budget, rather than on
or before February 1 of each year, indicating the general fund dollar savings
achieved as a result of the implementation of the agency attrition analysis
process and the numbers of vacant positions filled, the number of vacant
positions eliminated, and any other information relating to personnel
numbers, costs, and attrition.
5. Deletes provision of proposed law requiring the report to the commission to
address the number of vacant positions filled and requires the report to
contain information regarding historical vacancies rather than attrition.
6. Changes definition of "executive branch agency" in proposed law to mean all
departments, agencies, boards, commissions, and other instrumentalities
contained in the General Appropriation Act and the Ancillary Appropriations
Act, but does not mean or include political subdivisions.
7. Changes definition of "vacancy" in proposed law to mean any authorized
table of organization full or part-time position of employm ent for which a
budget has been approved and an appropriation has been made or a transfer
of funds effected pursuant to law, but which is not filled.
Senate Floor Amendments to engrossed bill.
1. Removes requirement that the executive branch agency position attrition
analysis process be used to reduce agency positions by 5% annually for three
years and instead provides that such analysis be used to review historical
vacancies as compared to an established base fiscal year.
2. Adds criteria to be used in the position attrition analysis.
3. Changes executive branch agency and the commissioner of administration's
reporting requirements and specifications.
4. Adds definition of "executive branch department".
5. Specifies that proposed law shall not limit the constitutional or statutory
authority of postsecondary education management boards.
6. Requires Board of Regents to establish and implement an agency position
attrition analysis process and specifies its purpose, scope, goals, and
reporting requirements.