Louisiana House Bill HB42

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12

Caption

(Constitutional Amendment) Provides relative to the forfeiture of public pension benefits by a public official upon felony conviction of certain offenses

Impact

If passed, the bill would significantly alter the landscape of public retirement benefits by allowing for the forfeiture of pensions that previously could not be diminished or impaired under existing law. The proposed amendment would potentially serve as both a deterrent against malfeasance in public office and a means of ensuring that public resources are not rewarded to those who violate the trust placed in them by committing felonies related to their public service. This could lead to a more accountable governance structure, though the full ramifications would depend on how it is implemented into law.

Summary

House Bill 42 proposes a constitutional amendment regarding the forfeiture of public pension benefits for public officials convicted of certain felonies related to their office. Specifically, it aims to empower the legislature to establish rules for the forfeiture of benefits from state public retirement systems for any public officer found guilty of a felony associated with their duties. This measure is positioned as a response to concerns about corruption and mismanagement of public funds within government service.

Sentiment

The sentiment surrounding HB 42 seems to be quite supportive among those advocating for transparency and accountability in government. Proponents argue that public officials should not benefit from pensions if they are convicted of crimes directly related to their official duties. However, there may also be concerns regarding the potential for the law's misuse or overreach, where certain convictions might be used disproportionately to strip benefits from officials who may not have engaged in egregious misconduct.

Contention

While the bill aims to address crucial issues concerning ethical governance, its passage could also spark debate about the appropriateness of removing retirement benefits based on felony convictions. Critics might raise questions about the fairness of such measures, especially regarding due process and how broadly 'felonies related to public service' are defined. This balance between ensuring accountability and protecting individual rights is likely to feature prominently in discussions as the bill progresses through the legislative process.