Louisiana 2010 2010 Regular Session

Louisiana House Bill HB670 Chaptered / Bill

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ACT No. 98
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
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
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§9612.  Local ethics entities20
A municipality local governmental subdivision that is authorized by its home21
rule charter, by statute, or by ordinance to create local ethics entities, including but22
not limited to an ethics review board or office of inspector general, or both, may23 ENROLLEDHB NO. 670
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designate the local ethics entity, ethics review board, or office of inspector general1
as a law enforcement agency and may thereby confer upon the local ethics entity,2
ethics review board, or office of inspector general all investigative powers and3
privileges appurtenant to a law enforcement agency under state law, which shall4
include access to computer systems, information maintained for the use of law5
enforcement personnel, and any information contained in the criminal history record6
and identification file of the Louisiana Bureau of Criminal Identification and7
Information.8
§9613.  Investigative powers9
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D.(1) A local ethics entity, ethics review board, or office of inspector general11
shall have the authority to examine, review, audit, inspect, and investigate the12
records, books, reports, documents, papers, correspondence, accounts, audits,13
inspections, reviews, recommendations, plans, films, tapes, pictures, computer hard14
drives, software data, hardware data, e-mails, instant messages, text messages, and15
any other data and material relevant to any matter under audit, investigation,16
inspection, or performance review of all entities of municipal government the local17
governmental subdivision or entities receiving funds through or for the benefit of18
municipal government the local governmental subdivision.19
(2) For the purposes of this Section, these entities shall include but not be20
limited to every municipal local governmental subdivision officer, employee, elected21
official, department, agency, board, commission, public benefit corporation, quasi22
public agency or body, contractor, subcontractor, licensee of the municipality local23
governmental subdivision, and every applicant for certification of eligibility for a24
municipal contract or program.25
(3) These entities shall also include all municipal local governmental26
subdivision governing authorities, all districts, boards, and commissions created by27
municipal local governmental subdivision governing authorities either independently28
or in conjunction with other units of government, and all independently elected29
parish public officials whose offices receive funds from the municipality.30 ENROLLEDHB NO. 670
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E. For the purposes of this Section, a quasi public agency or body shall be1
defined as:2
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(2) An organization, either not-for-profit or for profit, that is a component4
unit of a municipal local governmental subdivision reporting entity, as defined under5
generally accepted accounting principles.6
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(5) Any organization, either not-for-profit or for profit, operating within the8
municipality local governmental subdivision which is subject to the open meetings9
law and derives a portion of its income from payments received from any municipal10
local governmental subdivision agency or body.11
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Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: