GREEN SHEET REDIGEST
HB308 2016 Regular Session Bacala
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
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.
DIGEST
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.
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.
Proposed law provides that proposed law shall not apply to any pay increases approved by
the Capital Joint Legislative Committee on the Budget as provided in proposed law.
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.
Proposed law provides that proposed law shall take effect and become operative on July 1,
2016, if Senate Bill No. 57 is enacted and becomes effective.
(Adds R.S. 42:541 and 542)
Summary of Amendments Adopted by House
Page 1 of 2
Prepared by J. Ashley Mitchell Carter. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the reengrossed bill
1. Exempts pay raises for certain public servants that go before the Joint Legislative
Committee on the Budget.
2. Provides that this proposed law shall become effective if Senate Bill No. 57
becomes effective.
Page 2 of 2
Prepared by J. Ashley Mitchell Carter.