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 Engrossed 2016 Regular Session Bacala
Abstract: Prohibits the granting of increases in pay for state 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 or
employee or board or commission in 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 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 participated in and did not oppose 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.