HLS 12RS-227 REENGROSSED
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Regular Session, 2012
HOUSE BILL NO. 301
BY REPRESENTATIVE BROADWATER
PUBLIC OFFLS/EMPS: (Constitutional Amendment) Relative to workers' compensation
judges, provides for civil service status and terms of service
A JOINT RESOLUTION1
Proposing to add Article X, Section 2(C) of the Constitution of Louisiana, to provide relative2
to workers' compensation judges; to provide for terms of service for workers'3
compensation judges who are in the classified state service and that upon expiration4
of such a term of service, such a judge shall be in the unclassified service unless5
reappointed for a subsequent term; to provide for exceptions; to provide an effective6
date; to provide for submission of the proposed amendment to the electors; and to7
provide for related matters.8
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members9
elected to each house concurring, that there shall be submitted to the electors of the state of10
Louisiana, for their approval or rejection in the manner provided by law, a proposal to add11
Article X, Section 2(C) of the Constitution of Louisiana, to read as follows:12
§2. Classified and Unclassified Service13
Section 2.14
* * *15
(C) Terms of Service for Certain Classified Employees. Unless the position16
of workers' compensation judge is included in the unclassified service, a workers'17
compensation judge shall be in the classified state service but shall be appointed for18
a five-year term and, upon expiration of any such term, shall be in the unclassified19
service unless reappointed for a subsequent term, employed in another classified20 HLS 12RS-227 REENGROSSED
HB NO. 301
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position, or separated from state service. During his term, a workers' compensation1
judge shall be subject to removal for cause and as otherwise permitted for classified2
employees. The legislature may provide exceptions for workers' compensation3
judges employed on January 1, 2013.4
Section 2. Be it further resolved that the provisions of the amendment contained in5
this Joint Resolution shall become effective on January 1, 2013, and shall apply only to6
workers' compensation judges appointed on or after January 1, 2013.7
Section 3. Be it further resolved that this proposed amendment shall be submitted8
to the electors of the state of Louisiana at the statewide election to be held on November 6,9
2012.10
Section 4. Be it further resolved that on the official ballot to be used at the election,11
there shall be printed a proposition, upon which the electors of the state shall be permitted12
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as13
follows:14
Do you support an amendment to provide that workers' compensation judges15
appointed on or after January 1, 2013, who are in the classified state civil16
service shall serve for a five-year term and, unless reappointed for another17
term, thereafter shall be in the unclassified service? (Effective January 1,18
2013) (Adds Article X, Section 2(C))19
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)]
Broadwater HB No. 301
Abstract: Provides for terms of service for classified workers' compensation judges and
that upon expiration of such a term, unless reappointed, such a judge shall be in the
unclassified service.
Present constitution provides for state civil service and provides that persons not in the
unclassified service are in the classified service. Present constitution specifies those officers
and employees who are in the unclassified service, specifically elected officials and persons
appointed to fill vacancies in elective offices; the heads of each principal executive
department appointed by the governor; members of state boards, authorities, and
commissions; one private secretary to the president of each college or university; one person
holding a confidential position and one principal assistant or deputy to any officer, board, HLS 12RS-227 REENGROSSED
HB NO. 301
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commission, or authority so included in the unclassified service, except civil service
departments; members of the military or naval forces; teaching and professional staffs, and
administrative officers of schools, colleges, and universities of the state, and bona fide
students of those institutions employed by any state, parochial, or municipal agency;
employees, deputies, and officers of the legislature and of the offices of the governor,
lieutenant governor, attorney general, and of all offices provided for in Const. Art. V except
the offices of clerk of the municipal and traffic courts in New Orleans; commissioners of
elections, watchers, and custodians and deputy custodians of voting machines; railroad
employees whose working conditions and retirement benefits are regulated by federal
agencies in accordance with federal law; and the director, deputy director, and all employees
of the Governor's Office of Homeland Security and Emergency Preparedness. Present
constitution provides that the state civil service commission, by commission rule, may add
to the unclassified service and may revoke positions so added.
Proposed constitutional amendment retains present constitution but provides that, unless the
position of workers' compensation judge is included in the unclassified service, a workers'
compensation judge shall be in the classified state service but shall be appointed for a five-
year term. Provides that, upon expiration of any such term, such a workers' compensation
judge shall be in the unclassified service unless reappointed for a subsequent term, employed
in another classified position, or separated from state service. Specifies that, during his term
of service, a workers' compensation judge shall be subject to removal for cause and as
otherwise permitted for classified employees. Authorizes the legislature to provide
exceptions for workers' compensation judges employed on the effective date of proposed
constitutional amendment.
Proposed constitutional amendment provides for application only to workers' compensation
judges appointed on or after Jan. 1, 2013.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 6, 2012.
Effective Jan. 1, 2013.
(Adds Const. Art. X, §2(C))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the engrossed bill.
1. Specified applicability to only judges appointed on or after Jan. 1, 2013.