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Regular Session, 2010
SENATE BILL NO. 764
BY SENATOR MCPHERSON
FISCAL CONTROLS. Requires budget requests and the executive budget include
information on unclassified employees and requires Joint Legislative Committee on the
Budget approval of the creation of new unclassified positions. (7/1/10)
AN ACT1
To amend and reenact R.S. 39:84(B)(1) and to enact R.S. 39:32(E)(9), 36(A)(3)(c), and2
84(B)(5), relative to budgetary procedures; to require that certain personnel3
information involving unclassified employees be included in budget requests; to4
require that certain personnel information involving unclassified employees be5
included in the executive budget; to provide that the Joint Legislative Committee on6
the Budget approve the creation of new unclassified positions; to provide for an7
effective date; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 39:84(B)(1) is hereby amended and reenacted and R.S. 39:32(E)(9),10
36(A)(3)(c), and 84(B)(5) are hereby enacted to read as follows: 11
§32. Budget request contents12
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E. A personnel table as defined by this Subsection shall be included with the14
budget request. The table shall contain information and be in a form as required by15
the budget office and shall include authorized, estimated, and requested positions16
organized according to programs or subprograms as follows:17 SB NO. 764
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(9) The title, job duties, and salary of each unclassified employee for the2
last fiscal year concluded, the existing operating budget, and for the ensuing3
fiscal year.4
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§36. Contents and format of executive budget; supporting document6
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A. The executive budget shall present a complete financial and programmatic8
plan for the ensuing year, and it shall be configured in a format so as to clearly9
present and highlight the functions and operations of state government and the10
financial requirements associated with those functions and operations. The executive11
budget shall be a performance-based budget. It shall include at a minimum the12
following:13
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(3) Comparative statements for each department and budget unit by the15
means of financing of the existing operating budget for a date certain to be16
established by the budget office for the current fiscal year and recommended17
expenditures for the ensuing fiscal year. All such comparative statements shall18
include the following:19
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(c) The title, job duties, and salary of each unclassified employee for the21
last fiscal year concluded, the existing operating budget, and for the ensuing22
fiscal year.23
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§84. Budget controls on personnel25
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B.(1) Except as otherwise provided in this Subsection, if If a personnel27
transaction conforms with and does not exceed the number of the authorized28
positions in the information system for the budget unit, program, or subprogram it29 SB NO. 764
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shall be considered approved; and the budget unit, program, or subprogram may1
proceed as otherwise provided by law, regulation, or executive order to complete the2
transaction. A personnel transaction which would purport to fill a position that is not3
in the approved personnel table of authorized positions for the budget unit, program,4
or subprogram shall not be effective unless the information system is adjusted to5
accommodate the requested transaction and unless approved as provided in this6
Section.7
* * *8
(5) Each budget unit, program, or subprogram of the state shall submit9
to the Joint Legislative Committee on the Budget for review and approval a10
request for the creation of a new position within the unclassified service of the11
state.12
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Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor14
and subsequently approved by the legislature, this Act shall become effective on July 1,15
2010, or on the day following such approval by the legislature, whichever is later.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Martha S. Hess.
DIGEST
Present law provides for the contents of the budget request to submit for the ensuing year.
Present law includes in the budget request, a personnel table which shall include authorized,
estimated, and requested positions.
Proposed law retains present law and requires that the budget request include the title, job
duties, and salary of each unclassified employee for the last fiscal year concluded, the
existing operating budget, and for the ensuing fiscal year.
Present law provides that the executive budget shall clearly present and highlight the
functions and operations of state government and the financial requirements associated with
those functions and operations, and provides for the minimum information included in the
executive budget.
Proposed law retains present law and requires that the executive budget include the title, job
duties, and salary of each unclassified employee for the last fiscal year concluded, the
existing operating budget, and for the ensuing fiscal year.
Present law provides for budget controls on personnel and provides that changes in the
number of authorized personnel shall only be made in accordance with the provisions of an SB NO. 764
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appropriation act and shall only be approved as provided in present law (R.S. 39:84(B) and
(C)).
Proposed law retains present law and further requires that each budget unit, program or
subprogram of the state shall submit to the Joint Legislative Committee on the Budget for
review and approval, a request for the creation of a new position within the unclassified
service of the state.
Effective July 1, 2010.
(Amends R.S. 39:84(B)(1); adds R.S. 39:32(E)(9), 36(A)(3)(c), and 84(B)(5))