HLS 19RS-202 REENGROSSED
2019 Regular Session
HOUSE BILL NO. 346
BY REPRESENTATIVE HORTON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL SERVICE: (Constitutional Amendment) Provides relative to the political activity
restrictions applicable to classified employees of a fire and police civil service
system
1 A JOINT RESOLUTION
2Proposing to amend Article X, Section 20 of the Constitution of Louisiana, to provide
3 relative to the political activities of classified members of the fire and police civil
4 service; to provide for prohibited political activities; to allow for certain political
5 activities; to provide relative to discipline for violations; to prohibit appointing
6 authorities from engaging in certain activity; to provide for the expiration of certain
7 laws; to provide for submission of the proposed amendment to the electors; and to
8 provide for related matters.
9 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
10elected to each house concurring, that there shall be submitted to the electors of the state of
11Louisiana, for their approval or rejection in the manner provided by law, a proposal to
12amend Article X, Section 20 of the Constitution of Louisiana, to read as follows:
13 §20. Political Activities
14 Section 20. Article XIV, Section 15.1, Paragraph 34 of the Constitution of
15 1921 is retained and continued in force and effect.
16 (A) No employee in the classified service of a fire and police civil service
17 system shall:
18 (1) Be a candidate for nomination or election to public office except to seek
19 to be the classified employee member on the civil service board.
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1 (2) Use official authority to interfere with an election or while engaged in
2 political activity.
3 (3) Invite subordinate employees to political events or otherwise suggest that
4 a subordinate employee engage in political activity.
5 (4) Solicit or discourage the political activity of any person with business
6 before his agency.
7 (5) Solicit, accept, or receive contributions for political purposes.
8 (6) Engage in political activity while on duty, in the workplace, wearing a
9 uniform or official insignia, in a public vehicle, or using public resources.
10 (B) An employee in the classified service of a fire and police civil service
11 system may:
12 (1) Register and vote as he chooses.
13 (2) Assist in voter registration drives when off duty, when out of uniform,
14 and only using private resources.
15 (3) Make contributions for political purposes.
16 (4) Attend political rallies, meetings, and fundraisers when off duty and out
17 of uniform.
18 (5) Join political groups.
19 (6) Sign nominating petitions.
20 (7) Participate in political campaigns when off duty, when out of uniform,
21 and only using private resources.
22 (8) Express opinions about political groups and candidates while not at work
23 or on duty or using official authority.
24 (C) In accordance with the laws, rules, and regulations of the civil service
25 system, an appointing authority may suspend, dismiss from service, demote, or
26 reduce the compensation of any employee found to be in violation of the prohibitions
27 contained in Paragraph A of this Section.
28 (D) No appointing authority or agent or deputy thereof shall, directly or
29 indirectly, demote, suspend, dismiss from service, or otherwise discipline or threaten
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1 to demote, suspend, dismiss from service, or otherwise discipline or discriminate
2 against any person in the classified service for the purpose of influencing his vote,
3 support, or other political activity in any election. No appointing authority or agent
4 or deputy thereof shall use his official authority or influence to directly or indirectly
5 coerce the political action of any employee in the classified service.
6 (E) Any provision of law which is in conflict with the provisions of this
7 Section shall expire upon the effective date of this Section.
8 Section 2. Be it further resolved that this proposed amendment shall be submitted
9to the electors of the state of Louisiana at the statewide election to be held on October 12,
102019.
11 Section 3. Be it further resolved that on the official ballot to be used at the election,
12there shall be printed a proposition, upon which the electors of the state shall be permitted
13to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
14follows:
15 Do you support an amendment to allow classified members of a fire and
16 police civil service system to engage in certain political activities and to
17 prohibit certain political activities; to provide for discipline for violations of
18 specified prohibited political activities; to prohibit coercing political activity;
19 and to provide for the expiration of conflicting laws? (Amends Article X,
20 Section 20)
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 346 Reengrossed 2019 Regular Session Horton
Abstract: Specifies types of political activities allowable for an employee in the classified
fire and police civil service system.
Present constitution (Art. X, §20) provides that Article XIV, Section 15.1, Paragraph 34 of
the Constitution of 1921 is retained and continued in force and effect.
Art. XIV, §15.1, Paragraph 34 of the Constitution of 1921 provides that employees in the
classified fire and police civil service in certain municipalities, parishes, and fire protection
districts are prohibited from participating in certain political activities. Provides for
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prohibitions pertaining to endorsements; membership in political parties, clubs, or
organizations; contributions to political organizations or for political purposes; and political
speeches or public political statements on behalf of any candidate seeking to be elected to
public office. Specifically allows a classified employee to privately express his opinion and
cast his vote.
Proposed constitutional amendment removes the provisions of the present constitution and
provides for prohibited and permissible political activities as follows:
(1)Prohibits an employee in the classified service of a fire and police civil service
system from:
(a)Being a candidate for nomination or election to public office except to seek
to be the classified employee member on the civil service board.
(b)Using official authority to interfere with an election or while engaged in
political activity.
(c)Inviting subordinate employees to political events or otherwise suggest that
a subordinate employee engage in political activity.
(d)Soliciting or discouraging the political activity of any person with business
before his agency.
(e)Soliciting, accepting, or receiving contributions for political purposes.
(f)Engaging in political activity while on duty, in the workplace, wearing a
uniform or official insignia, in a public vehicle, or using public resources.
(2)Allows an employee in the classified service of a fire and police civil service system
to:
(a)Register and vote as he chooses.
(b)Assist in voter registration drives when off duty, when out of uniform, and
only using private resources.
(c)Make contributions for political purposes.
(d)Attend political rallies, meetings, and fundraisers when off duty and out of
uniform.
(e)Join political groups.
(f)Sign nominating petitions.
(g)Participate in political campaigns when off duty, when out of uniform, and
only using private resources.
(h)Express opinions about political groups and candidates while not at work or
on duty or using official authority.
Proposed constitutional amendment provides that in accordance with the laws, rules, and
regulations of the civil service system, an appointing authority may dismiss from service,
demote, or reduce the compensation of any employee found to be in violation of the
prohibitions against political activity.
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Proposed constitutional amendment further prohibits an appointing authority or agent or
deputy thereof from demoting, suspending, dismissing from service, or otherwise
disciplining or threatening to do such things, or discriminating against any person in the
classified service for the purpose of influencing his vote, support, or other political activity
in any election. Prohibits an appointing authority or agent or deputy thereof from using his
official authority or influence to directly or indirectly coerce the political action of any
employee in the classified service.
Proposed constitutional amendment further specifies that any provision of law which is in
conflict with the provisions of the proposed constitutional amendment shall expire upon the
effective date of the proposed constitutional amendment.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Oct. 12, 2019.
(Amends Const. Art. X, §20)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Change the term "discharge" to the phrase "dismiss from service".
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the engrossed bill:
1. Make a technical amendment to the ballot language.
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