SLS 24RS-411 REENGROSSED
2024 Regular Session
SENATE BILL NO. 128
BY SENATOR MILLER
HOUSING. Provides for the civil service status of a housing authority. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 40:539(C)(8), relative to housing authorities; to provide relative
3 to civil service status of a housing authority; to provide with respect to the
4 authorization to elect to not be in the state civil service; to provide relative to process
5 and procedure; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:539(C)(8) is hereby amended and reenacted to read as follows:
8 ยง539. Selection of chairman and vice chairman; executive director; hiring of
9 employees
10 * * *
11 C. * * *
12 (8)(a) Except as provided in the Constitution of Louisiana and as may
13 otherwise be authorized by the State Civil Service Commission, all employees of the
14 authority, except authority members, the executive director, and one other employee
15 whom the authority shall designate and employ, and except professional employees
16 employed on a contract basis, shall be in the classified state civil service.
17 (b) Notwithstanding any provision of Subparagraph (a) of this
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SLS 24RS-411 REENGROSSED
1 Paragraph or any other law to the contrary, a housing authority may, upon
2 determining that it should not be considered to be an instrumentality of the
3 state for purposes of Article X, Section 1(A) of the Constitution of Louisiana
4 and therefore that the employees of such authority shall not be included in the
5 state civil service, adopt a resolution to that effect and transmit a certified copy
6 of the resolution by certified mail to the director of the Department of State
7 Civil Service. The resolution shall be given effect upon the director's receipt.
8 (b)(c) Notwithstanding any provision of Subparagraph (a) of this Paragraph
9 or of any other law to the contrary, the Housing Authority of New Orleans shall not
10 be considered to be an instrumentality of the state for purposes of Article X, Section
11 1(A) of the Constitution of Louisiana, and employees of the authority shall not be
12 included in the state civil service.
13 (c)(d) Notwithstanding any provision of Subparagraph (a) of this Paragraph
14 or of any other law to the contrary, the Cottonport Housing Authority shall not be
15 considered to be an instrumentality of the state for purposes of Article X, Section
16 1(A) of the Constitution of Louisiana, and employees of the authority shall not be
17 included in the state civil service.
18 (d)(e) Notwithstanding any provision of Subparagraph (a) of this Paragraph
19 or of any other law to the contrary, the housing authority of Denham Springs shall
20 not be considered to be an instrumentality of the state for purposes of Article X,
21 Section 1(A) of the Constitution of Louisiana, and employees of the authority shall
22 not be included in the state civil service.
23 (e)(f) Notwithstanding any provision of Subparagraph (a) of this Paragraph
24 or of any other law to the contrary, the Housing Authority of the Town of Oil City
25 shall not be considered to be an instrumentality of the state for purposes of Article
26 X, Section 1(A) of the Constitution of Louisiana, and employees of the authority
27 shall not be included in the state civil service.
28 (f)(g) Notwithstanding any provision of Subparagraph (a) of this Paragraph
29 or of any other law to the contrary, the Housing Authority of the City of Lafayette
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SLS 24RS-411 REENGROSSED
1 shall not be considered to be an instrumentality of the state for purposes of Article
2 X, Section 1(A) of the Constitution of Louisiana, and employees of the authority
3 shall not be included in the state civil service.
4 (g)(h) Notwithstanding any provision of Subparagraph (a) of this Paragraph
5 or of any other law to the contrary, the East Baton Rouge Parish Housing Authority
6 shall not be considered an instrumentality of the state for purposes of Article X,
7 Section 1(A) of the Constitution of Louisiana, and employees of the authority shall
8 not be included in the state civil service.
9 (h)(i) Notwithstanding any provision of Subparagraph (a) of this Paragraph
10 or of any other law to the contrary, the Monroe Housing Authority shall not be
11 considered an instrumentality of the state for purposes of Article X, Section 1(A) of
12 the Constitution of Louisiana and employees of the authority shall not be included
13 in the state civil service.
14 (i)(j) Notwithstanding any provision of Subparagraph (a) of this Paragraph
15 or of any other law to the contrary, the Housing Authority of the City of Shreveport
16 shall not be considered an instrumentality of the state for purposes of Article X,
17 Section 1(A) of the Constitution of Louisiana, and employees of the authority shall
18 not be included in the state civil service.
19 (j)(k) Notwithstanding any provision of Subparagraph (a) of this Paragraph
20 or of any other law to the contrary, the Kenner Housing Authority shall not be
21 considered an instrumentality of the state for purposes of Article X, Section 1(A) of
22 the Constitution of Louisiana, and employees of the authority shall not be included
23 in the state civil service.
24 (k)(l) Notwithstanding any provision of Subparagraph (a) of this Paragraph
25 or of any other law to the contrary, the Simmesport Housing Authority shall not be
26 considered an instrumentality of the state for purposes of Article X, Section 1(A) of
27 the Constitution of Louisiana, and employees of the authority shall not be included
28 in the state civil service.
29 (l)(m) Notwithstanding any provision of Subparagraph (a) of this Paragraph
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1 or of any other law to the contrary, the Bunkie Housing Authority shall not be
2 considered an instrumentality of the state for purposes of Article X, Section 1(A) of
3 the Constitution of Louisiana, and employees of the authority shall not be included
4 in the state civil service.
5 (m)(n) Notwithstanding any provision of Subparagraph (a) of this Paragraph
6 or of any other law to the contrary, the Colfax Housing Authority shall not be
7 considered an instrumentality of the state for purposes of Article X, Section 1(A) of
8 the Constitution of Louisiana, and employees of the authority shall not be included
9 in the state civil service.
10 (n)(o) Notwithstanding any provision of Subparagraph (a) of this Paragraph
11 or of any other law to the contrary, the Kinder Public Housing Authority shall not be
12 considered an instrumentality of the state for purposes of Article X, Section 1(A) of
13 the Constitution of Louisiana, and employees of the authority shall not be included
14 in the state civil service.
15 (o)(p) Notwithstanding any provision of Subparagraph (a) of this Paragraph
16 or of any other law to the contrary, the Berwick Housing Authority shall not be
17 considered an instrumentality of the state for purposes of Article X, Section 1(A) of
18 the Constitution of Louisiana, and employees of the authority shall not be included
19 in the state civil service.
20 (p)(q) Notwithstanding any provision of Subparagraph (a) of this Paragraph
21 or of any other law to the contrary, the Morgan City Housing Authority shall not be
22 considered an instrumentality of the state for purposes of Article X, Section 1(A) of
23 the Constitution of Louisiana, and employees of the authority shall not be included
24 in the state civil service.
25 Section 2. This Act shall become effective upon signature by the governor or, if not
26 signed by the governor, upon expiration of the time for bills to become law without signature
27 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
28 vetoed by the governor and subsequently approved by the legislature, this Act shall become
29 effective on the day following such approval.
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SLS 24RS-411 REENGROSSED
The original instrument was prepared by James Benton. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Dawn Romero Watson.
DIGEST
SB 128 Reengrossed 2024 Regular Session Miller
Present law provides for the creation of housing authorities.
Present law provides that, except as provided in the Constitution, and as may otherwise be
authorized by the State Civil Service Commission, all employees of the housing authority,
except authority members, the executive director, and one other employee whom the
authority shall designate and employ, and except professional employees employed on a
contract basis, shall be in the classified state civil service.
Proposed law retains present law but provides that a housing authority may, upon
determining that it should not be considered to be an instrumentality of the state for purposes
of the Constitution, and employees of such authority shall not be included in the state civil
service, adopt a resolution to that effect and transmit a certified copy of that resolution by
certified mail to the director of the Department of State Civil Service.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:539(C)(8))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill
1. Provides procedures for a municipality wishing to opt out of the state civil
service.
2. Provides that the resolution is effective upon the director's receipt.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Make technical corrections.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.