Louisiana 2020 2020 Regular Session

Louisiana House Bill HB188 Introduced / Bill

                    HLS 20RS-126	ORIGINAL
2020 Regular Session
HOUSE BILL NO. 188
BY REPRESENTATIVE GOUDEAU
CIVIL SERVICE:  (Constitutional Amendment) Provides for an exception to the prohibition
on political activity by members of civil service systems
1	A JOINT RESOLUTION
2Proposing to amend Article X, Sections 9 and 20 of the Constitution of Louisiana, to
3 authorize certain political activities on behalf of family members by commission
4 members, classified employees, and officers of certain civil service systems; to
5 provide for submission of the proposed amendment to the electors; and to provide
6 for related matters.
7 Section 1.  Be it resolved by the Legislature of Louisiana, two-thirds of the members
8elected to each house concurring, that there shall be submitted to the electors of the state of
9Louisiana, for their approval or rejection in the manner provided by law, a proposal to
10amend Article X, Sections 9 and 20 of the Constitution of Louisiana, to read as follows:
11 §9.  Prohibitions Against Political Activities
12	Section 9.(A)  Party Membership; Elections.  No member of a civil service
13 commission and no officer or employee in the classified service shall participate or
14 engage in political activity; be a candidate for nomination or election to public office
15 except to seek election as the classified state employee serving on the State Civil
16 Service Commission; or be a member of any national, state, or local committee of
17 a political party or faction; make or solicit contributions for any political party,
18 faction, or candidate; or take active part in the management of the affairs of a
19 political party, faction, candidate, or any political campaign,.
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HB NO. 188
1	(B)  Activities Authorized.  Notwithstanding Paragraph A of this Section, any
2 member of a civil service commission or officer or employee in the classified service
3 may: except to exercise 
4	(1)  Exercise his right as a citizen to express his opinion privately, to serve
5 as a commissioner or official watcher at the polls, and to cast his vote as he desires.
6	(2)  Support the election of a candidate for public office who is his immediate
7 family member.  For purposes of this Subparagraph, "immediate family" means a
8 person's parent, his grandparent, his spouse and his spouse's parent, his child and his
9 child's spouse, his grandchild and his grandchild's spouse, his brother and his
10 brother's spouse, and his sister and his sister's spouse.
11	(B)(C)  Contributions.  No person shall solicit contributions for political
12 purposes from any classified employee or official or use or attempt to use his
13 position in the state or city service to punish or coerce the political action of a
14 classified employee.
15	(C)(D)  Political Activity Defined.  As used in this Part, "political activity"
16 means an effort to support or oppose the election of a candidate for political office
17 or to support a particular political party in an election.  The support of issues
18 involving bonded indebtedness, tax referenda, or constitutional amendments shall not
19 be prohibited.
20	*          *          *
21 §20.  Political Activities
22	Section 20.  Article XIV, Section 15.1, Paragraph 34 of the Constitution of
23 1921 is retained and continued in force and effect, except that an employee in the
24 classified service may support the election of a candidate for public office who is his
25 immediate family member.  For purposes of this Section, "immediate family" has the
26 meaning provided in Section 9 of this Article.
27 Section 2.  Be it further resolved that this proposed amendment shall be submitted
28to the electors of the state of Louisiana at the statewide election to be held on November 3,
292020.
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HB NO. 188
1 Section 3.  Be it further resolved that on the official ballot to be used at the election,
2there shall be printed a proposition, upon which the electors of the state shall be permitted
3to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
4follows:
5	Do you support an amendment to allow classified civil service employees to
6	support the election to public office of members of their own families? 
7	(Amends Article X, Sections 9 and 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 188 Original 2020 Regular Session	Goudeau
Abstract:  Authorizes persons subject to civil service restrictions on political activities to
support the election of a family member.
Present constitution prohibits employees in the classified service of the state, New Orleans,
and the fire and police civil service systems and certain other officials associated with those
systems from engaging in various political activities.
Proposed constitutional amendment provides an exception to the present constitution, to 
authorize such persons to support the election of an immediate family member.  Defines
immediate family to mean a person's parent, his grandparent, his spouse and his spouse's
parent, his child and his child's spouse, his grandchild and his grandchild's spouse, his
brother and his brother's spouse, and his sister and his sister's spouse.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 3, 2020.
(Amends Const. Art. X, §§9 and 20)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.