HLS 10RS-1319 ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 723
BY REPRESENTATIVE CONNICK
ELECTED OFFICIALS: Provides with respect to dual officeholding and dual employment
AN ACT1
To amend and reenact R.S. 42:65(A) and (C), relative to dual officeholding and dual2
employment; to provide relative to remedies and penalties related thereto; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 42:65(A) and (C) are hereby amended and reenacted to read as6
follows: 7
ยง65. Civil remedy; penalty 8
A.(1) The attorney general, a district attorney, or any citizen of the state of9
Louisiana may by summary process petition for a declaratory judgment against a10
person alleged to be holding or to have held incompatible offices or employments11
or holding or have held a combination of offices or employments prohibited in this12
Part. Venue for the suit for a declaratory judgment shall be at the domicile of the13
defendant who is or was employed or at the official domicile of any office held by14
the defendant. 15
(2) Whether a person has vacated an incompatible or prohibited office or16
employment prior to the filing of the suit for declaratory judgment or prior to17
issuance of a final judgment in the suit shall not prohibit the court from declaring18
that the person has held incompatible offices or employments or a combination of19 HLS 10RS-1319 ORIGINAL
HB NO. 723
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offices or employments prohibited in this Part and ordering reimbursement pursuant1
to Subsection C of this Section.2
* * *3
C. The court may order the reimbursement to the appropriate governmental4
body of all pay or other compensation and all allowances, including all allowances5
and payments for travel and other expenses which have been received by the official6
or employee in the position vacated as provided in Subsection B hereof, during a7
period of time not to exceed six months preceding the filing of suit for declaratory8
judgment. If, however, the person against whom a declaratory judgment is rendered9
has obtained an opinion of the attorney general issued prior to the filing of the suit10
for a declaratory judgment stating that the combination of offices or employments11
are not incompatible, and are not in violation of this Part, the court shall comply with12
Subsection B of this Section; however, the person against whom the declaratory13
judgment was rendered shall not be required to return any portion of the14
compensation or allowances received by him prior to the date on which the15
declaratory judgment becomes final. Whenever any person requests an opinion of16
the attorney general concerning the offices or employments covered hereby, he shall17
at the same time provide to the attorney general information describing each of the18
employments or offices concerning which he requests the opinion, the number of19
hours worked or normally expected to be worked by him per each day of work for20
each of such employments or offices, the number of hours worked by him per week21
for such employments or offices, and shall thereafter furnish any other information22
the attorney general deems necessary for the issuance of the opinion.23 HLS 10RS-1319 ORIGINAL
HB NO. 723
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are additions.
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)]
Connick HB No. 723
Abstract: Provides that a court may declare that a person has held incompatible offices or
employments or a combination of offices or employments prohibited by the dual
officeholding and employment laws and order reimbursement of compensation
whether the person has vacated an incompatible or prohibited office or employment
prior to the filing of the suit for declaratory judgment or prior to issuance of a final
judgment in the suit.
Present law regulates dual officeholding and dual employment in order to prevent conflicts
of interest and to promote and maintain citizen trust in government. Prohibits a person from
holding certain offices and employment at the same time.
Present law (R.S. 42:65) provides that the attorney general, a district attorney, or any citizen
of the state of La. may by summary process petition for a declaratory judgment against a
person alleged to be holding incompatible offices or employments or holding a combination
of offices or employments prohibited in present law. Provides that if the court declares that
the person is holding offices or employments in violation of present law, the court shall
declare the office with the term first to expire or one of the employments vacant and shall
enjoin the person from further carrying out the duties of that office or employment.
Present law provides that the court may order the reimbursement to the appropriate
governmental body of all pay or other compensation and all allowances, including all
allowances and payments for travel and other expenses which have been received by the
official or employee in the position vacated as provided in present law, during a period of
time not to exceed six months preceding the filing of suit for declaratory judgment. Provides
an exception to this reimbursement provision if the person has obtained an opinion of the
attorney general issued prior to the filing of the suit for a declaratory judgment stating that
the combination of offices or employments are not incompatible, and are not in violation of
present law.
Proposed law provides that whether a person has vacated an incompatible or prohibited
office or employment prior to the filing of the suit for declaratory judgment or prior to
issuance of a final judgment in the suit shall not prohibit the court from declaring that a
person has held incompatible offices or employments or a combination of offices or
employments prohibited in present law and ordering reimbursement pursuant to proposed
law.
(Amends R.S. 42:65(A) and (C))