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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 ENROLLED
SENATE BILL NO. 418
BY SENATOR KOSTELKA
AN ACT1
To amend and reenact R.S. 42:1141(C)(3)(a) and (c) and 1163, relative to enforcement of2
laws within the jurisdiction of the Board of Ethics; to provide for procedures relative3
to such enforcement; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 42:1141(C)(3)(a) and (c) and 1163 are hereby amended and reenacted6
to read as follows:7
§1141. Procedure; adjudicatory board8
* * *9
C. Investigation and hearing.10
* * *11
(3)(a) If the board determines following an investigation that a public hearing12
should be conducted, the board shall issue charges in a letter sent to the person13
accused of one or more violations. A public hearing shall be conducted to receive14
evidence relative to the facts alleged in the charges and to determine whether any15
violation of any provision of law within the jurisdiction of the board has occurred.16
The public hearing on such charges shall be conducted by the Ethics Adjudicatory17
Board in accordance with the Administrative Procedure Act and this Part.18
* * *19
(c) If the board does not issue charges within one year from the date upon20
which a sworn complaint is received or, if no sworn complaint was received, within21
one year from the date the board voted to consider the matter, the matter shall be22
dismissed.23
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§1163. Prescription Time limits on enforcement25
No action to enforce any provision of this Chapter shall be commenced after26
the expiration of two years following the discovery of the occurrence of the alleged27 SB NO. 418 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
violation, or four years after the occurrence of the alleged violation, whichever1
period is shorter. The Board of Ethics shall not issue charges based on an alleged2
violation of any provision of this Chapter after the expiration of one of the3
following periods, whichever expires first:4
(1) One year following receipt by the board of the complaint of the5
alleged violation or, if no complaint was received, the date the board voted to6
consider the alleged violation. For purposes of this Paragraph, "receipt by the7
board" means receipt by a member of the board, a member of the staff of the8
board, or any person employed by or acting on behalf of the board, whichever9
occurs earliest.10
(2) Four years after the occurrence of the alleged violation, which four-11
year period is a preemptive period that may not be interrupted.12
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
Section 3. The provisions of this Act amending R.S. 42:1163 shall not apply with18
respect to any alleged violation that the Board of Ethics has voted to consider or about which19
the Board of Ethics has received a complaint as of the effective date of this Act.20
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: