HLS 12RS-72 REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 89
BY REPRESENTATIVE LIGI
PUBLIC EMPLOYEES: Provides relative to public access to public collective bargaining
agreements involving public employers
AN ACT1
To enact Part IV of Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 44:67.1 and 67.2, relative to collective bargaining involving public3
entities; to provide relative to acceptance or offering for acceptance of certain4
collective bargaining agreements; to provide for public availability of certain5
documents; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Part IV of Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 44:67.1 and 67.2, is hereby enacted to read as follows:9
PART IV. PUBLIC EMPLOYER-EMPLOYEE10
COLLECTIVE BARGAINING11
§67.1. Definitions12
For purposes of this Part, the following definitions shall apply unless the13
context clearly indicates otherwise:14
(1) "Employee" means an individual employed by a public employer.15
(2) "Labor organization" means an association or organization of employees16
and an agency, employee representation committee, or plan in which employees17
participate that exists, in whole or in part, to advocate on behalf of employees about18
grievances, labor disputes, wages, rates of pay, hours of employment, or conditions19
of work.20 HLS 12RS-72 REENGROSSED
HB NO. 89
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(3) "Public collective bargaining" means the performance of the mutual1
obligation of the representatives of the public employer and the labor organization2
designated and recognized as an exclusive bargaining representative to meet and3
bargain in good faith in an effort to reach written agreement with respect to wages,4
hours, or terms and conditions of employment.5
(4) "Public employer" means the state or a political subdivision thereof, or6
a department, agency, office, institution, or other organizational unit of state or local7
government that employs one or more individuals in any capacity.8
§67.2. Acceptance of collective bargaining agreement9
No collective bargaining agreement shall be accepted or ratified by a public10
employer or its representative or offered for acceptance to a public employer or its11
representative or labor organization or its representative until the collective12
bargaining agreement has been made available to the public via the Internet for at13
least five days. The public employer shall issue a written public notice in the manner14
provided in R.S. 42:19(A)(2) informing the public of how such agreement may be15
accessed.16
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)]
Ligi HB No. 89
Abstract: Prohibits collective bargaining agreements involving public employers from
being accepted or presented for acceptance until the agreement has been made
available to the public via the Internet for at least five days.
Proposed law provides that no collective bargaining agreement shall be accepted by a public
employer or its representative or presented for acceptance to a public employer or its
representative or labor organization or its representative until the collective bargaining
agreement has been made available to the public via the Internet for at least five days.
Requires the public employer to issue a written public notice in the manner provided in
present law provisions relative to open meetings (R.S. 42:19(A)(2)) informing the public of
how such agreement may be accessed.
Proposed law provides for the following definitions:
(1)"Employee" means any individual employed by a public employer. HLS 12RS-72 REENGROSSED
HB NO. 89
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(2)"Labor organization" means any association or organization of employees and any
agency, employee representation committee, or plan in which employees participate
that exists, in whole or in part, to advocate on behalf of employees about grievances,
labor disputes, wages, rates of pay, hours of employment, or conditions of work.
(3)"Public collective bargaining" means the performance of the mutual obligation of the
representatives of the public employer and the labor organization designated and
recognized as an exclusive bargaining representative to meet and bargain in good
faith in an effort to reach written agreement with respect to wages, hours, or terms
and conditions of employment.
(4)"Public employer" means the state or any political subdivision thereof, or any
department, agency, office, institution, or other organizational unit of state or local
government that employs one or more individuals in any capacity.
(Adds R.S. 44:67.1 and 67.2)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Removes provisions of proposed law relative to requiring public collective
bargaining to be conducted in public sessions.
2. Removes provisions of proposed law providing penalties for violations of
proposed law.
3. Removes provisions of proposed law regarding construction of proposed law.
4. Places proposed law in provisions of law relative to public records instead of
provisions of law relative to open meetings.