HLS 12RS-1462 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1023
BY REPRESENTATIVE SEABAUGH
PUBLIC EMPLOYEES: Prohibits any entity which engages in political activity from
receiving public payroll withholdings or deductions
AN ACT1
To enact R.S. 42:451.1, relative to payroll withholdings and deductions; to prohibit persons2
engaging in political activity from being recipients of public payroll deductions and3
withholdings; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 42:451.1 is hereby enacted to read as follows: 6
§451.1. Payroll withholdings and deductions; prohibited recipients7
A. Notwithstanding any provision of this Chapter to the contrary, no person8
who engages in political activity shall be authorized or eligible to receive any payroll9
withholding or deduction from the salary or compensation that a public servant10
receives for the performance of his duties for a governmental entity or agency or11
official thereof.12
B. For purposes of this Section, the following terms shall have the following13
meanings:14
(1) "Candidate" shall mean a person who seeks nomination or election to15
public office.16
(2) "Governmental entity" shall have the same meaning as provided in R.S.17
42:1102.18
(3) "Person" shall mean an individual, legal entity, or a governmental entity19
or any agency thereof.20 HLS 12RS-1462 ORIGINAL
HB NO. 1023
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(4) "Political activity" shall mean any activity to urge any elector to vote for1
or against any candidate or proposition or to support or oppose a political committee2
or political party.3
(5) "Political committee" shall mean two or more persons, other than a4
husband and wife, and any legal entity organized for the primary purpose of5
supporting or opposing one or more candidates, propositions, recalls of a public6
officer, or political parties.7
(6) "Proposition" shall mean a question submitted to the electors at an8
election.9
(7) "Public servant" shall have the same meaning as provided in R.S.10
42:1102.11
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)]
Seabaugh HB No. 1023
Abstract: Prohibits any entity which engages in political activity from being authorized or
eligible to receive any payroll withholding or deduction from the salary of a public
servant (public employee or elected official).
Present law (Const. Art. XI, §4) prohibits public funds from being used to urge any elector
to vote for or against any candidate or proposition or from being appropriated to a candidate
or political organization. Present law (Election Code-R.S. 18:1465) provides for the same
prohibition and further provides that violators shall be fined not more than $1,000 or be
imprisoned, with or without hard labor, for not more than two years, or both.
Present law (Chapter 9 of Title 42 of the La. Revised Statutes of 1950) authorizes certain
payroll withholdings, including deductions for mandated federal and state income
withholdings, credit unions, garnishments, liens, union dues, savings bonds programs,
qualified United Way entities, health and life insurance products, and certain other specified
products.
Proposed law specifically prohibits any person who engages in political activity from being
authorized or eligible to receive any payroll withholding or deduction from the salary of a
public servant (public employee or elected official). Proposed law defines "political
activity" as any activity to urge any elector to vote for or against any candidate or
proposition or to support or oppose a political committee or political party and proposed law
defines the terms "candidate", "governmental entity", "political committee", "proposition",
and "public servant" for its purposes.
(Adds R.S. 42:451.1)