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 Original 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)Increase 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)Increase 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)Transfer 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.
(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))