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Regular Session, 2011
SENATE CONCURRENT RESOLUTI ON NO. 93
BY SENATOR CHAISSON
ETHICS. Requests the La. Law Institute to study and submit recommendations relative to
certain provisions of the ethics code.
A CONCURRENT RESOLUTI ON1
To urge and request the Louisiana State Law Institute to study and submit recommendations2
to the legislature with regard to Parts III and IV of Chapter 15 of Title 42 of the3
Louisiana Revised Statutes of 1950, more specifically R.S. 42:1131 through 1170,4
relative to the Board of Ethics and the administration of the Code of Governmental5
Ethics.6
WHEREAS, the first Code of Governmental Ethics and its attendant procedural laws7
were enacted by Act 110 of 1964, some forty-seven years ago, and subsequently amended8
by Act 443 of 1979, Act 64 of 1996, and several other acts over the years; and9
WHEREAS, since the original Code of Governmental Ethics and its accompanying10
procedural statutes were adopted, numerous additional responsibilities have been assigned11
to the Board of Ethics, including provisions of the Campaign Finance Disclosure Act (Act12
786 of 1980), the Legislative Lobbying Law (Act 965 of 1993), the Executive Branch13
Lobbying Law (Act 116 of 2004), the personal financial disclosure laws (Act 747 of 1982;14
Act 64 of 1
st
Ex. Sess. of 1996; Act 66 of 1
st
. Ex. Sess. of 1996; Act 2 of 1999; Act 1 of 1
st
15
Ex. Sess. of 2008; Act 162 of 2008; Act 472 of 2008; and Act 743 of 2008); and16
WHEREAS, Allen v. State Board of Dentistry, 543 So.2d 908 (La. 1989), In Re:17
Georgia Gulf Corporation, 694 So. 2d 173, 96-1907 (La. 5/9/97), and Jones v. Board of18 SCR NO. 93
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Ethics for Elected Officials, 694 So. 2d 171, 96-2005 (La.5/9/97) announced a general1
prohibition against the commingling of investigatory and prosecutorial functions with the2
adjudicatory function of an agency, and Act 23 of 1
st
Ex. Sess. of 2008 separated the3
foregoing functions, and the legislature has expressed its desire to continue that separation4
of functions; and5
WHEREAS, Part III of Chapter 15 of Title 42 of the Louisiana Revised Statutes of6
1950 (R.S. 42:1131-1170) should be clarified with regard to matters including but not7
limited to the scope of confidentiality, time limitations, and the issue of which agency, the8
Board of Ethics or the Ethics Adjudicatory Board, has responsibility for and jurisdiction over9
consent opinions, advisory opinions, declaratory opinions, the assessment and imposition10
of certain fees and penalties, and the waiver of such fines and penalties; and11
WHEREAS, all of the aforementioned matters have generated numerous inquiries12
from members of the public, public officials, and attorneys, and have led to controversial and13
time-consuming administrative proceedings and litigation; and 14
WHEREAS, these areas of uncertainty in present law should be alleviated through15
a careful and coordinated revision and restatement of R.S. 42:1131-1170 and other16
procedural statutes relating to campaign finance disclosures, lobbying disclosures and17
personal finance disclosures; and 18
WHEREAS, the governor of the state of Louisiana has urged and invited the19
Louisiana State Law Institute to assist in improving the administration of the laws under the20
jurisdiction of the Board of Ethics.21
THEREFORE, BE IT RESOLVED THAT the Legislature of Louisiana does hereby22
urge and request that the Louisiana State Law Institute study and submit recommendations23
with regard to the procedural issues raised in this Resolution.24
BE IT FURTHER RESOLVED that the legislature does hereby urge and request that25
the Louisiana State Law Institute's study and recommendations retain the current Board of26
Ethics vetting and nomination process administered by the presidents of the seven27
independent colleges in Louisiana, as well as the process of appointments made by the28
governor and the elections by the House of Representatives and the Senate, without any29
requirement or suggestion that any current member of the Board of Ethics shall continue to30 SCR NO. 93
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serve or be appointed or re-appointed or elected or re-elected, as the case may be, to serve1
on the adjudicatory or the prosecutorial body that may be recommended by the Louisiana2
State Law Institute.3
BE IT FURTHER RESOLVED that the legislature does hereby urge and request that4
the Louisiana State Law Institute's study and recommendations not include the substantive5
laws of the Code of Governmental Ethics, in particular R.S. 42:1111-1130.6, nor the6
Election Campaign Finance law, R.S. 18:1481- 1532, the Legislative Lobbying law, R.S.7
24:50-58.1, the Executive Branch Lobbying law, R.S. 49:71, nor any other substantive law8
currently under the jurisdiction of the Board of Ethics.9
BE IT FURTHER RESOLVED that the legislature does hereby urge and request that10
the Council of the Louisiana State Law Institute, acting through its president, assure that all11
public officials with statutorily based interests in the administration of laws currently under12
the jurisdiction of the Board of Ethics, including without limitation, the speaker of the House13
or his designee, the president of the Senate or his designee, the chairs of the Senate14
Committee on Senate and Governmental Affairs and the House Committee on House and15
Governmental Affairs, or their respective designees, representatives of the office of the16
governor, representatives of public interest groups, present and former judges and district17
attorneys, professors of law with indicated interest or experience in matters of governmental18
ethics, and an appropriate number of members of the Council of the Louisiana State Law19
Institute, be invited to serve on the study and recommendation committee.20
BE IT FURTHER RESOLVED that the legislature does hereby urge and request that21
the Louisiana State Law Institute report the results of its study and its recommendations to22
the legislature prior to March 1, 2012.23
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Chaisson SCR No. 93
Requests that the La. State Law Institute study and make recommendations relative to certain
provisions of the Code of Governmental Ethics.