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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2010
SENATE BILL NO. 807 (Substitute of Senate Bill No. 657 by Senator Hebert)
BY SENATOR HEBERT
LOCAL FINANCE. Provides for on-line posting of the budget of the district attorney for
the 16
th
Judicial District. (7/1/10)
AN ACT1
To amend and reenact R.S. 39:1308 and 1310 and to enact R.S. 39:1309(E), relative to local2
government budgets; to require certain budgetary information to be published on the3
official Internet website or portal of the district attorney for the Sixteenth Judicial4
District; to provide for an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 39:1308 is hereby amended and reenacted to read as follows: 7
§1308. Inspection of the proposed budget 8
A. The proposed budget of a political subdivision shall be available for public9
inspection at the following locations: 10
(1) Municipalities: at the office of the mayor or municipal governing11
authority.12
(2) School boards: at the school board office.13
(3) Special districts: at the office of the governing authority of the special14
district.15
(4) All other political subdivisions: at the office of the individual political16
subdivision.17 SB NO. 807
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Coding: Words which are struck through are deletions from existing law;
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(5) In cases where the political subdivision is located within the boundaries1
of more than one parish, the proposed budget shall be available at the office of the2
parish governing authority of each parish.3
B. The district attorney for the Sixteenth Judicial District shall also post4
the proposed budget of his office on the official Internet website or portal of the5
district attorney of the Sixteenth Judicial District.6
§1309. Adoption7
* * *8
E. Upon adoption, the district attorney for the Sixteenth Judicial District9
shall also post the adopted budget of his office on the official Internet website10
or portal of the district attorney of the Sixteenth Judicial District at the time the11
budget is adopted.12
§1310. Amending the budget13
A. When the governing authority has received notification pursuant to R.S.14
39:1311, or there has been a change in operations upon which the original adopted15
budget was developed, the governing authority shall adopt a budget amendment in16
an open meeting to reflect such change. When an independently elected parish17
official has received notification pursuant to R.S. 39:1311(A), or when there has18
been a change in operations upon which the original adopted budget was developed,19
the independently elected official shall adopt a budget amendment and publish such20
amendment in the official journal as described by R.S. 39:1307(B). In no event shall21
a budget amendment be adopted proposing expenditures which exceed the total of22
estimated funds available for the fiscal year.23
B. The district attorney for the Sixteenth Judicial District shall also post24
the amended budget of his office on the official Internet website or portal of the25
district attorney of the Sixteenth Judicial District at the time it is amended.26
Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor27
and subsequently approved by the legislature, this Act shall become effective on July 1,28
2010, or on the day following such approval by the legislature, whichever is later.29 SB NO. 807
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Martha S. Hess.
DIGEST
Hebert (SB 807)
Present law provides for the Louisiana Local Government Budget Act which provides for
the preparation and adoption of a budget by a political subdivision. Present law further
defines for purposes of the Louisiana Local Government Budget Act that "political
subdivision" means any:
(a) Parish governing authority and all districts, boards, or commissions created by such
parish governing authority either independently or in conjunction with other units of
government.
(b)Municipality and all boards and commissions created by such municipality, either
independently or in conjunction with other units of government.
(c) School board.
(d) Special district created pursuant to and under the authority of Article VI, Section 16
or 19 of the Louisiana Constitution.
(e) City court.
(f) District public defender board.
(g) Housing authority.
(h) Mortgage authority.
(i) Political subdivisions of the state not included within the state's Comprehensive
Annual Financial Reports.
(j) Registrar of voters.
(k) Independently elected parish offices, including the office of assessor, clerk of district
court, coroner, district attorney, sheriff, and judges, but only insofar as their judicial
expense funds, as provided for in Title 13 of the Louisiana Revised Statutes of 1950.
Proposed law retains present law.
Present law provides that each political subdivision shall prepare a comprehensive budget
and that the proposed budget for independently elected parish offices including the district
attorney, shall be made available for public inspection not later than 15 days prior to the
beginning of the fiscal year.
Proposed law retains present law and further provides that the district attorney for the 16th
Judicial District shall also post the proposed budget of his office on the official Internet
website or portal of the district attorney of the 16th Judicial District.
Present law provides that upon adoption of a budget, the political subdivision shall transmit
certified copies of the budget and adoption instrument to the chief executive or
administrative officer.
Proposed law retains present law and further provides that upon adoption, the district
attorney for the 16th Judicial District shall also post the proposed budget of his office on the SB NO. 807
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Coding: Words which are struck through are deletions from existing law;
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official Internet website or portal of the district attorney of the 16th Judicial District at the
time the budget is adopted.
Present law authorizes the governing authority to adopt a budget amendment in certain
circumstances and provides that when an independently elected parish official adopts a
budget amendment it shall publish such amendment in the official journal.
Proposed law retains present law and further provides that the district attorney for the 16th
Judicial District shall also post the amended budget of his office on the official Internet
website or portal of the district attorney of the 16th Judicial District at the time it is
amended.
Effective July 1, 2010.
(Amends R.S. 39:1308 and 1310; adds R.S. 39:1309(E))