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ACT No. 829
Regular Session, 2010
HOUSE BILL NO. 723
BY REPRESENTATIVES CONNICK AND HINES
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)(a) The attorney general, a district attorney, or any citizen of the state9
of Louisiana may by summary process petition for a declaratory judgment against10
a 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
(b) Prior to filing a petition pursuant to Subparagraph (a) of this Paragraph,16
the attorney general or district attorney shall send written notice by certified mail to17
the person detailing the alleged violation of this Part.18
(2) Whether a person has vacated an incompatible or prohibited office or19
employment prior to the filing of the suit for declaratory judgment or prior to20 ENROLLEDHB NO. 723
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issuance of a final judgment in the suit shall not prohibit the court from declaring1
that the person has held incompatible offices or employments or a combination of2
offices or employments prohibited in this Part and ordering reimbursement pursuant3
to Subsection C of this Section.4
* * *5
C. The court may order the reimbursement to the appropriate governmental6
body of all pay or other compensation and all allowances, including all allowances7
and payments for travel and other expenses which have been received by the official8
or employee in the position vacated as provided in Subsection B hereof, during a9
period of time not to exceed six months preceding the filing of suit for declaratory10
judgment. If, however, If the person vacates the position or office to remedy a11
violation of this Part within fourteen days after written notice of the violation is sent12
by the attorney general or a district attorney pursuant to Subparagraph (A)(1)(b) of13
this Section, such person shall not be subject to the reimbursement provided for in14
this Subsection. If the person against whom a declaratory judgment is rendered has15
obtained an opinion of the attorney general issued prior to the filing of the suit for16
a declaratory judgment stating that the combination of offices or employments are17
not incompatible, and are not in violation of this Part, the court shall comply with18
Subsection B of this Section; however, the person against whom the declaratory19
judgment was rendered shall not be required to return any portion of the20
compensation or allowances received by him prior to the date on which the21
declaratory judgment becomes final. Whenever any person requests an opinion of22
the attorney general concerning the offices or employments covered hereby, he shall23
at the same time provide to the attorney general information describing each of the24
employments or offices concerning which he requests the opinion, the number of25
hours worked or normally expected to be worked by him per each day of work for26
each of such employments or offices, the number of hours worked by him per week27 ENROLLEDHB NO. 723
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for such employments or offices, and shall thereafter furnish any other information1
the attorney general deems necessary for the issuance of the opinion.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: