HLS 20RS-292 ENGROSSED
2020 Regular Session
HOUSE BILL NO. 65
BY REPRESENTATIVE DWIGHT
CRIME: Provides relative to exceptions to the crime of political payroll padding by a
sheriff
1 AN ACT
2To amend and reenact R.S. 14:139.1(C), relative to the crime of political payroll padding;
3 to provide relative to the exceptions to the crime of political payroll padding by a
4 sheriff; to provide for additional exceptions when no opponent qualifies to run
5 against an incumbent sheriff or when an incumbent sheriff's reelection has been
6 officially declared; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:139.1(C) is hereby amended and reenacted to read as follows:
9 ยง139.1. Political payroll padding by sheriff; sale of assets of sheriff's office
10 prohibited
11 * * *
12 C.(1) The provisions of this Section shall not apply when the increases or
13 decreases are necessitated by flood, invasion by common enemy, or other public
14 emergency. In addition, the provisions of this Section shall not apply to any increase
15 based upon the utilization of additional revenue from a tax district election or to an
16 increase necessitated by the completion of a new or expansion of an existing prison
17 facility or an emergency communications call or dispatch center.
18 (2)(a) The provisions of this Section shall not apply to an incumbent sheriff,
19 against whom no person has qualified to run, for any transfers or increases that occur
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-292 ENGROSSED
HB NO. 65
1 after the date the qualifying period closes for the gubernatorial election through the
2 first day of July following the election.
3 (b) The provisions of this Section shall not apply to an incumbent sheriff,
4 who is reelected to office, for any transfers or increases that occur after the date the
5 official election results are declared by the election official through the first day of
6 July following the election.
7 * * *
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 65 Engrossed 2020 Regular Session Dwight
Abstract: Provides exceptions to the crime of payroll padding by a sheriff when no
opponent qualifies to run against an incumbent sheriff or when an incumbent
sheriff's reelection has been officially declared by an election official.
Present law provides that during the six months preceding a gubernatorial election and
during the time interval between the gubernatorial election and the first day of July following
election, it shall be unlawful for any sheriff to engage in any of the following:
(1)Increasing the number of deputies or employees in his office by more than five
percent over the average number of such employees for each of the first six months
of the 12 months preceding the election.
(2)Increasing the payroll or other operating expenses of his office more than 15% over
its average amount of such expenditures for each of the months of the first six
months of the 12 months preceding the election.
(3)Transferring title and ownership of the capital assets of his office of a value in excess
of 10% of the total value of assets as reflected in the current inventory filed in the
office of the sheriff on the date of the primary election.
Proposed law retains present law.
Present law provides that these provisions shall not apply when the increases or decreases
are necessitated by flood, invasion by common enemy, or other public emergency; nor to any
increase based upon the utilization of additional revenue from a tax district election or to an
increase necessitated by the completion of a new or expansion of an existing prison facility
or an emergency communications call or dispatch center.
Proposed law extends the present law exceptions to apply to the following:
(1)An incumbent sheriff, against whom no person has qualified to run, for any transfers
or increases that occur after the date the qualifying period closes for the
gubernatorial election through the first day of July following the election.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 65
(2)An incumbent sheriff, who is reelected to office, for any transfers or increases that
occur after the date the official election results are declared by the election official
through the first day of July following the election.
(Amends R.S. 14:139.1(C))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.