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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 418
BY SENATOR KOSTELKA
ETHICS. Provides relative to the Code of Governmental Ethics. (gov sig)
AN ACT1
To amend and reenact R.S. 42:1141(C)(3)(a), (c) and (d) and 1163, and to enact R.S.2
42:1141(C)(3)(e), relative to enforcement of laws within the jurisdiction of the Board3
of Ethics; to provide for procedures relative to such enforcement; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 42:1141(C)(3)(a), (c) and (d) and 1163 are hereby amended and7
reenacted and R.S. 42:1141(C)(3)(e) is hereby enacted to read as follows: 8
§1141. Procedure; adjudicatory board9
* * *10
C. Investigation and hearing.11
* * *12
(3)(a) If the board determines following an investigation that a public hearing13
should be conducted, the board shall issue charges in a letter sent by certified mail14
to the person accused of a violation ("charges"). A public hearing shall be15
conducted to receive evidence relative to the facts alleged in the charges and to16
determine whether any violation of any provision of law within the jurisdiction of17 SB NO. 418
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the board has occurred. The public hearing on such charges shall be conducted by1
the Ethics Adjudicatory Board in accordance with the Administrative Procedure Act2
and this Part.3
* * *4
(c) If the board does not issue charges A matter shall be dismissed if the5
board does not issue charges within one year from the date upon which a signed6
sworn complaint is was received by the board or its staff or, if no sworn complaint7
was received, within one year from the date the board voted to consider the matter,8
the matter shall be dismissed.9
(d) If no signed sworn complaint was received, a matter shall be10
dismissed if either:11
(i) The board does not issue charges within two years from the date the12
board or its staff discovers the alleged violation.13
(ii) The board does not issue charges within one year from the date the14
board voted to consider the matter as provided for in Subsection B.15
(d) (e) The board shall consider offering a consent opinion to each person16
who is the subject of an investigation.17
* * *18
§1163. Prescription 19
No action The Board of Ethics shall not issue charges to enforce any20
provision of this Chapter shall be commenced after the expiration of two four years21
following the discovery of the occurrence of the alleged violation, or four years after22
the occurrence of the alleged violation, whichever period is shorter. This four year23
period is a preemptive period that may not be interrupted.24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 SB NO. 418
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Kostelka (SB 418)
Present law provides that if the Board of Ethics determines following an investigation that
a public hearing should be conducted, the board is to issue charges and a public hearing will
be conducted to receive evidence relative to the facts alleged in the charges and to determine
whether any violation of any provision of law within the jurisdiction of the board has
occurred. Present law provides that the public hearing on such charges will be conducted
by the Ethics Adjudicatory Board in accordance with present law.
Proposed law provides that if the Board of Ethics determines following an investigation that
a public hearing should be conducted, the board must issue charges in a letter sent by
certified mail to the person accused of a violation, to be known as the "charges."
Present law provides that if the board does not issue charges within one year from the date
upon which a sworn complaint is received or, if no sworn complaint was received, within
one year from the date the board voted to consider the matter, then the matter is to be
dismissed.
Proposed law specifies that a sworn complaint must be signed, and that such complaint can
be received by the board or its staff.
Proposed law further provides that a matter is to be dismissed if the board does not issue
charges within one year from the date upon which a signed sworn complaint was received
by the board or its staff.
Proposed law further provides that if no signed sworn complaint was received, a matter is
to be dismissed if either:
(1)The board does not issue charges within two years from the date the board or its staff
discovers the alleged violation.
(2)The board does not issue charges within one year from the date the board voted to
consider the matter as provided for in present law.
Present law provides that the board is required to consider offering a consent opinion to each
person who is the subject of an investigation.
Present law provides that no action to enforce any provision of present law (Code of
Governmental Ethics) can be commenced after the expiration of two years following the
discovery of the occurrence of the alleged violation, or four years after the occurrence of the
alleged violation, whichever period is shorter.
Proposed law provides that the Board of Ethics cannot issue charges to enforce any provision
of present law (Code of Governmental Ethics) after the expiration of four years following
the occurrence of the alleged violation, and specifies that this four year period is a
preemptive period that may not be interrupted.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1141(C)(3)(a), (c) and (d) and 1163; adds R.S. 42:1141(C)(3)(e))