HLS 16RS-551 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 308
BY REPRESENTATIVES BACALA, ADAMS, AMEDEE, BERTHELOT, EDMONDS,
FALCONER, GAROFALO, GISCLAIR, GUINN, MIKE JOHNSON, NANCY
LANDRY, MIGUEZ, GREGORY MILLER, JAY MORRIS, AND PYLANT
PUBLIC OFFICIALS: Prohibits the granting of increases in pay for state executive branch
officials and employees during a certain period of time and provides for personal
liability for the aggregate amount of such increases for a period of three years
1 AN ACT
2To enact Chapter 10 of Title 42 of the Louisiana Revised Statutes of 1950, to be comprised
3 of R.S. 42:541 and 542, relative to public officers and employees; to prohibit the
4 granting or authorizing of increases in pay for state officials and employees during
5 a certain period of time; to provide for personal liability of persons responsible for
6 granting or authorizing such raises; to provide for enforcement; and to provide for
7 related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. Chapter 10 of Title 42 of the Louisiana Revised Statutes of 1950,
10comprised of R.S. 42:541 and 542, is hereby enacted to read as follows:
11 CHAPTER 10. PROHIBITED PAY INCREASES
12 §541. Pay increases; prohibited
13 A. If, during the time period between the regularly scheduled gubernatorial
14 primary election and the second Monday in January next following the election, a
15 budget status report required by R.S. 39:75 indicates that a projected deficit exists,
16 no public official, employee, board, or commission in the executive branch of state
17 government shall increase or authorize an increase in the salary of any official or
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1 employee in the office, department, board, commission, agency, or institution under
2 the authority of the public official or employee or board or commission during that
3 time period after the submission of such a budget status report except for an increase
4 in the salary of a classified employee for a promotion or reallocation in a career
5 progression group granted in accordance with civil service rules and procedures.
6 B.(1) If one or more increases in salary are granted or authorized by a public
7 official or employee in violation of Subsection A of this Section, the public official
8 or employee who increased the salary or authorized the increase in salary shall be
9 personally liable for the total amount of increases in salary paid pursuant to an
10 authorization in violation of Subsection A of this Section for a total of three fiscal
11 years following the increase.
12 (2) If one or more increases in salary are granted or authorized by a board
13 or commission in violation of Subsection A of this Section, each member of the
14 board or commission who voted in favor of the action granting or authorizing the
15 increase in salary shall be personally liable in equal amount for his proportionate
16 share in the total amount of increases in salary paid pursuant to a grant or
17 authorization in violation of Subsection A of this Section for a total of three fiscal
18 years following the increase.
19 C.(1) For the purposes of this Chapter, the term "public official" shall mean
20 a person holding a state office, elective or appointive, or any position on a state
21 board or commission, elective or appointive, if the office or position is established
22 by the constitution or laws of this state.
23 (2) For the purposes of this Section, the phrase "increase in salary" shall not
24 include any increase in salary that is granted to an employee of an institution of
25 higher education and that is funded solely from an endowment, scholarship, gift,
26 donation, grant, or award of money from the federal government or from a private
27 person or legal entity.
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1 §542. Enforcement; deposit of funds
2 A. If a violation of this Chapter occurs, the attorney general shall institute
3 a civil action to collect the funds owed the state in accordance with R.S. 42:541.
4 However, if the public official in violation of this Chapter is the attorney general, the
5 district attorney for the judicial district in which the state capital is located shall
6 institute a civil action to collect the funds owed the state in accordance with R.S.
7 42:541.
8 B. All funds collected pursuant to this Section shall be deposited in the state
9 general fund.
10 Section 2. The Legislature of Louisiana hereby encourages and requests the State
11Civil Service Commission to establish the same or substantially similar provisions as
12provided in Section 1 of this Act for each position that is in the classified service within its
13civil service system and that has the authority to increase or authorize an increase in the
14salary of any employee in state government.
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)]
HB 308 Reengrossed 2016 Regular Session Bacala
Abstract: Prohibits the granting of increases in pay for state executive branch officials or
employees if a budget deficit is projected during the period of time between the
gubernatorial primary and inauguration, and provides for personal liability of those
who granted the raise for the aggregate amount of such increases for a period of three
years.
Proposed law provides that if, during the time period between the regularly scheduled
gubernatorial primary election and the second Monday in Jan. next following the election,
a budget status report required present law (R.S. 39:75) indicates that a projected deficit
exists, no public official, employee, board, or commission in the executive branch of state
government shall increase or authorize an increase in the salary of any official or employee
in the office, department, board, commission, agency, or institution under the authority of
the public official or employee or board or commission during that time period after the
submission of such a report. Proposed law specifically excludes an increase in the salary of
a classified employee for a promotion or reallocation in a career progression group granted
in accordance with civil service rules and procedures from the prohibition. Proposed law
defines "public official" for its purposes. Proposed law specifies that "increase in salary"
shall not include an increase to an employee of a higher education institution that is funded
solely from an endowment, scholarship, gift, donation, grant, or award of money from the
federal government or from private persons or legal entities.
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Proposed law provides that if one or more increases in salary are granted or authorized by
a public official or employee in violation of proposed law, the public official or employee
who increased the salary or authorized the increases in salary shall be personally liable for
the total amount of increases in salary for a total of three fiscal years following the increase.
Provides that if one or more increases in salary are granted or authorized by a board or
commission, each member of the board or commission who voted in favor of the action shall
be personally liable in equal amount for his proportionate share in the total amount of
increases in salary granted or authorized for a total of three fiscal years following the
increase.
Proposed law provides that if a violation occurs, the attorney general shall institute a civil
action to collect the funds owed the state, unless the public officer in violation is the attorney
general, in which case the district attorney for the judicial district in which the state capital
is located shall institute a civil action to collect the funds owed the state. Provides all funds
collected shall be deposited in the state general fund.
Further provides that the legislature encourages and requests the State Civil Service
Commission to establish the same or substantially similar provisions as provided in proposed
law for each position in the classified service that has the authority to increase or authorize
an increase in the salary of any employee in state government.
(Adds R.S. 42:541 and 542)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Provide that the prohibition does not apply until after the submission of a budget
status report that indicates a projected deficit exists.
2. Exclude increases to classified employees for promotions or reallocations in a
career progression group from the prohibition.
3. Define the term "public official".
4. Add a request that the State Civil Service Commission establish the same or
similar provisions for classified positions having the authority to increase or
authorize an increase in salary.
The House Floor Amendments to the engrossed bill:
1. Limit the application of the proposed prohibition to the executive branch of state
government.
2. Exclude from the prohibition an increase in salary to an employee of a higher
education institution that is funded solely from monies, etc. from the federal
government or from a private person or legal entity.
3. Relative to the liability of board and commission members, change the standard
from those who participated in and did not oppose the action to those who voted
in favor of the action.
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