HLS 10RS-1393 ORIGINAL
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 670
BY REPRESENTATIVES HENRY, BILLIOT, GISCLAIR, GIROD JACKSON,
LABRUZZO, LIGI, LOPINTO, AND WILLMOTT AND SENATORS APPEL,
MARTINY, AND MORRELL
MUNICIPALITIES: Provides relative to local ethics entities in certain parishes
AN ACT1
To amend and reenact R.S. 33:9611(A), 9612, and 9613(D) and (E)(2) and (5), relative to2
local ethics entities; to provide for the creation and administration of local ethics3
entities by certain parishes; to provide for the powers of local ethics entities; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 33:9611(A), 9612, and 9613(D) and (E)(2) and (5) are hereby7
amended and reenacted to read as follows:8
§9611. Application and purpose9
A.(1) This Chapter applies to the following:10
(a) municipalities Municipalities that are governed by a home rule charter11
and that have a population in excess of two hundred fifty thousand persons according12
to the latest federal decennial census.13
(b) Parishes that are governed by a home rule charter and that have a14
population in excess of four hundred thousand persons according to the latest federal15
decennial census.16
(2) "Local governmental subdivision", as used in this Chapter, means17
municipalities and parishes to which the Chapter is applicable.18
* * *19 HLS 10RS-1393 ORIGINAL
HB NO. 670
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§9612. Local ethics entities1
A municipality local governmental subdivision that is authorized by its home2
rule charter, by statute, or by ordinance to create local ethics entities, including but3
not limited to an ethics review board or office of inspector general, or both, may4
designate the local ethics entity, ethics review board, or office of inspector general5
as a law enforcement agency and may thereby confer upon the local ethics entity,6
ethics review board, or office of inspector general all investigative powers and7
privileges appurtenant to a law enforcement agency under state law, which shall8
include access to computer systems, information maintained for the use of law9
enforcement personnel, and any information contained in the criminal history record10
and identification file of the Louisiana Bureau of Criminal Identification and11
Information.12
§9613. Investigative powers13
* * *14
D.(1) A local ethics entity, ethics review board, or office of inspector general15
shall have the authority to examine, review, audit, inspect, and investigate the16
records, books, reports, documents, papers, correspondence, accounts, audits,17
inspections, reviews, recommendations, plans, films, tapes, pictures, computer hard18
drives, software data, hardware data, e-mails, instant messages, text messages, and19
any other data and material relevant to any matter under audit, investigation,20
inspection, or performance review of all entities of municipal government the local21
governmental subdivision or entities receiving funds through or for the benefit of22
municipal government the local governmental subdivision.23
(2) For the purposes of this Section, these entities shall include but not be24
limited to every municipal local governmental subdivision officer, employee, elected25
official, department, agency, board, commission, public benefit corporation, quasi26
public agency or body, contractor, subcontractor, licensee of the municipality local27
governmental subdivision, and every applicant for certification of eligibility for a28
municipal contract or program.29 HLS 10RS-1393 ORIGINAL
HB NO. 670
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) These entities shall also include all municipal local governmental1
subdivision governing authorities, all districts, boards, and commissions created by2
municipal local governmental subdivision governing authorities either independently3
or in conjunction with other units of government, and all independently elected4
parish public officials whose offices receive funds from the municipality.5
E. For the purposes of this Section, a quasi public agency or body shall be6
defined as:7
* * *8
(2) An organization, either not-for-profit or for profit, that is a component9
unit of a municipal local governmental subdivision reporting entity, as defined under10
generally accepted accounting principles.11
* * *12
(5) Any organization, either not-for-profit or for profit, operating within the13
municipality local governmental subdivision which is subject to the open meetings14
law and derives a portion of its income from payments received from any municipal15
local governmental subdivision agency or body.16
* * *17
Section 2. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
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)]
Henry HB No. 670
Abstract: Authorizes a parish with a home rule charter and a population over 400,000 to
create local ethics entities.
Present law authorizes any municipality with a home rule charter and a population over
250,000 to designate its local ethics entity as a law enforcement agency and to confer upon HLS 10RS-1393 ORIGINAL
HB NO. 670
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
said entity all investigative powers and privileges which law enforcement agencies have
under present law, including access to computer systems, information maintained for the use
of law enforcement personnel, and access to any information contained in the criminal
history record and identification file of the Louisiana Bureau of Criminal Identification and
Information.
Propose law retains present law and extends its application to parishes with a home rule
charter and a population over 400,000.
Present law conveys certain investigative powers upon local ethics entities created under
present law. Proposed law retains present law and extends such powers to parishes
qualifying under proposed law. Such powers include but are not limited to: the power to
administer oaths, the power to subpoena persons and documents, and the power to make
investigations and examinations, and the power to review, examine, or audit certain
documents of certain entities described under present law.
Present law further provides restrictions and qualifications on such investigative powers
bestowed under present law. Proposed law retains such restrictions and qualifications, but
makes them applicable to qualifying parishes which create local ethics entities under
proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:9611(A), 9612, and 9613(D) and (E)(2) and (5))