HLS 10RS-442 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 240
BY REPRESENTATIVE DANAHAY
ETHICS/BOARD: Provides relative to enforcement of laws within the jurisdiction of the
Board of Ethics
AN ACT1
To enact R.S. 42:1141(C)(4)(f) and to repeal R.S. 42:1141(C)(5), relative to enforcement of2
laws within the jurisdiction of the Board of Ethics; to provide for the powers,3
functions, and duties of the board relative to such enforcement; to provide for the4
powers, functions, and duties of the Ethics Adjudicatory Board relative to such5
enforcement; to provide relative to decisions of the Ethics Adjudicatory Board; and6
to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 42:1141(C)(4)(f) is hereby enacted to read as follows:9
ยง1141. Procedure; adjudicatory board10
* * *11
C. Investigation and hearing.12
* * *13
(4)14
* * *15
(f) The Ethics Adjudicatory Board shall issue the final decision or order,16
whether or not on rehearing, and the Board of Ethics shall have no authority to17
override such decision or order. Upon the issuance of such a final decision or order,18
the Board of Ethics and each official and employee acting on behalf of the Board of19
Ethics shall comply fully with and enforce the final order or decision.20 HLS 10RS-442 ORIGINAL
HB NO. 240
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 2. R.S. 42:1141(C)(5) is hereby repealed in its entirety.1
Section 3. This Act shall become effective upon signature by the governor or, if not2
signed by the governor, upon expiration of the time for bills to become law without signature3
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If4
vetoed by the governor and subsequently approved by the legislature, this Act shall become5
effective on the day following such approval.6
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)]
Danahay HB No. 240
Abstract: Repeals the requirement that the Board of Ethics adopt decisions of the Ethics
Adjudicatory Board. Provides that the adjudicatory board shall issue the final
decision, that the Board of Ethics shall have no authority to override the decision,
and that the Board of Ethics and its officials and employees shall comply fully with
and enforce the decision.
Present law (Code of Governmental Ethics) provides for the Board of Ethics (BOE) and the
Ethics Adjudicatory Board (EAB). Provides for the composition and the powers and duties
of each board.
Present law (R.S. 42:1141) provides that the BOE receives complaints, conducts
investigations concerning alleged violations of laws within its jurisdiction, and issues
charges based on such alleged violations. Provides that the EAB conducts hearings on the
charges to determine whether a violation has in fact occurred and, if a violation has occurred,
determines what authorized penalties or other sanctions should be imposed. Provides that
if the public hearing of the EAB fails to disclose clear and convincing evidence to support
the charges, the EAB must make an official determination of its findings, and thereupon the
BOE must close its file on the charges. Provides that if the EAB determines that a violation
has occurred and prescribes authorized penalties or other sanctions, the BOE must, within
45 days of the issuance of the determination by the EAB, issue a decision adopting the
determination of the EAB.
Proposed law repeals the requirement that the BOE adopt a decision of the EAB. Provides
that the EAB shall issue the final decision or order, whether or not on rehearing, and the
BOE shall have no authority to override such decision or order. Provides that upon the
issuance of such a final decision or order, the BOE and each official and employee acting
on behalf of the BOE shall comply fully with and enforce the final order or decision.
Otherwise retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 42:1141(C)(4)(f); Repeals R.S. 42:1141(C)(5))