HLS 10RS-76 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1059
BY REPRESENTATIVE ABRAMSON
ETHICS: Requires reimbursement when public funds are used or appropriated for certain
prohibited purposes related to elections
AN ACT1
To amend and reenact R.S. 18:1465, relative to election offenses; to require the2
reimbursement of certain public funds; to provide relative to penalties; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 18:1465 is hereby amended and reenacted to read as follows:6
§1465. Prohibited use of public funds7
A.(1) No public funds shall be used to urge any elector to vote for or against8
any candidate or proposition or be appropriated to a candidate or political9
organization.10
(2) This provision The provisions of Paragraph (1) of this Subsection shall11
not prohibit the use of public funds for dissemination of factual information relative12
to a proposition appearing on an election ballot.13
(3)(a) If public funds have facilitated both a public purpose related to the14
official duties of a public servant and have in any manner been used to urge any15
elector to vote for or against any candidate or proposition or been appropriated to any16
candidate or political organization, the public servant or other person who directed17
or caused the use or appropriation of the public funds in such a manner shall within18
ten calendar days of the use or appropriation reimburse the appropriate governmental19
entity the prorated fair market value of the use or appropriation.20 HLS 10RS-76 ORIGINAL
HB NO. 1059
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(b) The failure of a public servant or other person to reimburse the1
appropriate governmental entity as provided in this Paragraph shall be a violation of2
this Section.3
(c) The terms "public servant" and "governmental entity" shall have the same4
meaning as provided in R.S. 42:1102.5
B.(1) Whoever violates any provision of this Section shall be fined not more6
than five hundred dollars or be imprisoned for not more than six months, or both.7
On a second offense or any succeeding offense, the penalty shall be a fine of not8
more than one thousand dollars or imprisonment for not more than one year, or both.9
(2) In addition to the penalties provided in Paragraph (1) of this Subsection,10
whoever violates the provisions of Subparagraph (A)(3)(a) of this Section, shall be11
subject to the imposition of an additional civil penalty of up to one and one-half12
times the prorated fair market value of the use or appropriation of the public funds,13
which penalty shall be payable to the appropriate governmental entity.14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
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)]
Abramson HB No. 1059
Abstract: In instances where public funds have been used for both a public purpose and
certain prohibited political purposes, requires the public servant or other person who
directed or caused the use or appropriation of the public funds in that manner to
reimburse the appropriate governmental entity the prorated fair market value of the
use or appropriation within 10 days or be subject to penalties.
Present law prohibits public funds from being used to urge any elector to vote for or against
any candidate or proposition or from being appropriated to a candidate or political
organization. Present law specifically provides that present law does not prohibit the use of
public funds for dissemination of factual information relative to a proposition. HLS 10RS-76 ORIGINAL
HB NO. 1059
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that if public funds have facilitated both a public purpose related to
the official duties of a public servant and have in any manner been used to urge any elector
to vote for or against any candidate or proposition or been appropriated to any candidate or
political organization, the public servant or other person who directed or caused the use or
appropriation of the public funds shall within 10 days reimburse the appropriate
governmental entity the prorated fair market value of the use or appropriation. Proposed law
provides that the failure of a public servant or other person to reimburse the appropriate
governmental entity shall be a violation of proposed law.
Present law provides for a penalty of not more than $500 or imprisonment for not more than
six months, or both. Provides that on a second offense or any succeeding offense, the
penalty shall be a fine of not more than $1,000 or imprisonment for not more than one year,
or both.
Proposed law retains present law penalties for violations of proposed law and additionally
provides that for failure to reimburse in the manner provided in proposed law, a person shall
be subject to an additional civil penalty equal to up to 1-½ times the prorated fair market
value of the use or appropriation of the public funds, payable to the appropriate
governmental entity.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 18:1465)