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Sep 14, 2012
Governor Bobby Jindal Issues Executive Order Suspending Board and Commission Per Diems and the Elimination of Certain Boards

BATON ROUGE - Today, Governor Bobby Jindal issued an Executive Order suspending the authority of certain boards and commissions to pay per diems and he also declared the elimination of certain boards.

MORATORIUM ON BOARDS AND COMMISSIONS AUTHORITY TO PAY PER DIEMS AND ELIMINATION OF CERTAIN BOARDS 

WHEREAS,              Executive Order BJ 2012-9 froze payment of a per diem to members of boards, commissions, and like entities funded by the General Appropriation Act. However, over 
the years, many boards, commissions and like entities that have been statutorily created in the executive branch of state government with budget authority do not receive annual appropriation approval via the General Appropriation Act; 

WHEREAS,              more than 80 boards, commissions, authorities, task forces, advisory councils, committees, and like entities have been established with a statutory mandate requiring payment of a per diem; 

WHEREAS,              approximately 300 additional boards, commissions, authorities, task forces, advisory councils, committees or like entities have been established that permit discretionary payment of per diems, are silent as to such payments but may grant implied budgetary authority to authorize such payments, or provide that no compensation shall be paid to members of such entities;

WHEREAS,              continuing to pay a per diem is a drain on state funds and places a fiscal burden upon individuals, businesses, or other entities that fund the operations of boards, commissions, or like entities;

WHEREAS,              a moratorium on the payment of a per diem is necessary to decrease this fiscal burden and is proper to ensure boards, commissions, authorities, task forces, advisory councils, committees, and like entities are functioning in a fiscally prudent manner consistent with those that are included in the General Appropriations Act; and

WHEREAS,              the purpose of this Order is to freeze per diem payments, withhold appropriations for per diem payments, and limit expenditures for a per diem in the executive branch of state government, which will result in approximately $275,000 savings this fiscal year;

NOW THEREFORE I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:

SECTION 1:              Expenditures for per diem payments by members of all boards, commissions, authorities, task forces, advisory councils, or committees in the executive branch of state government are hereby suspended, including any that may hold funds in accounts other than the State Treasury, except as otherwise provided in this Order.

SECTION 2:              The Commissioner of Administration and any executive or fiscal officer for any board, commission, authority, task force or committee in the executive branch of state government are hereby directed to withhold all funds for payment of per diem.

SECTION 3:              The Treasurer shall not honor warrants drawn upon the State Treasury that are inconsistent with this Order, and no executive or fiscal officer of any board, commission, authority, task force, or committee in the executive branch of state government shall approve any request for an expenditure that is inconsistent with this Order.

SECTION 4:              Per diem payments that are expressly and directly statutorily mandated are exempt from this Order. The Commissioner of Administration is hereby authorized to grant further exemptions as may be necessary due to extreme economic hardships which would otherwise result to a member of a board, commission, authority, task force, advisory council, committee or like entity.

SECTION 5:              All boards, commissions, authorities, task forces, advisory councils, committees, and like entities in the executive branch of state government, including any that may hold funds in accounts other than the State Treasury, must comply with the following directives:

A.        By August 1 of each year, all boards, commissions, authorities, task forces, advisory councils, committees, and like entities shall report to the Commissioner of Administration the total amount of funds collected and expended by the entity during the prior fiscal year.
B.        By the end of each month, any entity expressly and directly mandated to pay a per diem or granted a hardship exemption for any member by the Commissioner pursuant to Section 4 shall report to the Commissioner of Administration the total amount of funds expended by the entity on per diem during the prior month and by August 1 of each year, report to the Commissioner of Administration the total amount of funds expended by the entity on per diem during the prior fiscal year.

SECTION 6:              The following entities are hereby terminated:

A.        The E-Rate Oversight Committee as re-established by BJ 2008 – 52;
B.        The Maritime Advisory Task Force as re-established by BJ 2008 – 42;
C.        The Interstate 49 North Extension Feasibility and Funding Task Force as re-established by BJ 2008 – 44; and
D.        The Governor’s Military Advisory Board as re-established by BJ 2010 – 17.

SECTION 7:              This Order shall supersede all prior Executive Orders not consistent herewith.

SECTION 8:              This Order is effective upon signature of the Governor and shall remain in effect until amended, modified, terminated or rescinded by the Governor, or terminated by operation of law.
            
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 14th day of September, 2012.
 
____________________________
                                                            GOVERNOR OF LOUISIANA


ATTEST BY
THE GOVERNOR


_________________________
SECRETARY OF STATE

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