HLS 12RS-67 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 88
BY REPRESENTATIVE HENSGENS
PUBLIC EMPLOYEES: Prohibits political uses of public payroll withholdings and
deductions
AN ACT1
To amend and reenact R.S. 42:1132(D) and to enact R.S. 42:451.1, relative to public payroll2
withholdings and deductions; to specifically prohibit use of such withholdings and3
deductions or portions thereof for specified political purposes; to provide for4
enforcement and penalties; to provide relative to the application of the Code of5
Governmental Ethics thereto; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 42:1132(D) is hereby amended and reenacted and R.S. 42:451.1 is8
hereby enacted to read as follows: 9
§451.1. Payroll withholdings and deductions; prohibited use; enforcement10
A. No portion of any payroll withholding or deduction authorized by a public11
servant and withheld or deducted by a governmental entity or agency thereof shall12
be used by the recipient to urge any elector to vote for or against any candidate or13
proposition or to support a political committee or political party.14
B. For purposes of this Section, the following terms shall have the following15
meanings:16
(1) "Candidate" shall mean a person who seeks nomination or election to17
public office.18
(2) "Governmental entity" shall have the same meaning as provided in R.S.19
42:1102.20 HLS 12RS-67 ORIGINAL
HB NO. 88
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(3) "Person" shall mean an individual, a legal entity, or a governmental1
entity or any agency thereof.2
(3) "Political committee" shall mean two or more persons, other than a3
husband and wife, and any legal entity organized for the primary purpose of4
supporting or opposing one or more candidates, propositions, recalls of a public5
officer, or political parties.6
(4) "Proposition" shall mean a question submitted to the electors at an7
election.8
(5) "Public servant" shall have the same meaning as provided in R.S.9
42:1102.10
C.(1) The Board of Ethics shall administer and enforce the provisions of this11
Section, and the procedures provided for in the Code of Governmental Ethics shall12
apply to the administration and enforcement of the provisions of this Section;13
however, the penalties provided in the Code of Governmental Ethics shall not apply14
to violations of this Section.15
(2) Upon a final determination that a recipient has violated the provisions of16
this Section, such person shall be prohibited from receiving any payroll withholding17
or deduction or any portion thereof from a public servant.18
(3) The Board of Ethics shall provide for a permanent public notice of all19
recipients found in violation of this Section.20
* * *21
§1132. Board of Ethics22
* * *23
D. Additional Jurisdiction. The board shall administer and enforce the24
provisions of R.S. 27:63, 96, 226, 261, and 316, Part III of Chapter 1 of Title 24 of25
the Louisiana Revised Statutes of 1950, R.S. 42:451.1, Part IV of Chapter 1 of Title26
49 of the Louisiana Revised Statutes of 1950, Chapter 46 of Title 33 of the Louisiana27
Revised Statutes of 1950, and R.S. 47:9072.28 HLS 12RS-67 ORIGINAL
HB NO. 88
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hensgens HB No. 88
Abstract: Prohibits public payroll withholdings or deductions or any portion thereof from
being used to support or oppose candidates, propositions, political committees, or
political parties and provides for the enforcement of the prohibition by the Board of
Ethics.
Present law (Const. Art. XI, §4) prohibits public funds from being used to urge any elector
to vote for or against any candidate or proposition or from being appropriated to a candidate
or political organization. Present law (Election Code-R.S. 18:1465) provides for the same
prohibition and further provides that violators shall be fined not more than $1,000 or be
imprisoned, with or without hard labor, for not more than two years, or both.
Present law (Chapter 9 of Title 42 of the La. Revised Statutes of 1950) authorizes certain
permitted withholdings, including deductions for mandated federal and state income
withholdings, credit unions, garnishments, liens, union dues, savings bonds programs,
qualified United Way entities, health and life insurance products, and certain other specified
products.
Proposed law specifically prohibits any portion of any payroll withholding or deduction
authorized by a public employee from being used by a recipient to urge any elector to vote
for or against any candidate or proposition or to support a political committee or political
party. Proposed law defines the terms "candidate", "governmental entity", "political
committee", "proposition", and "public servant" for its purposes.
Proposed law provides that the Board of Ethics shall administer and enforce proposed law
and that the procedures provided for in the Code of Governmental Ethics apply to such
administration and enforcement; however, provides that the penalty for a violation is that the
person shall be prohibited from receiving any payroll withholding or deduction from a public
servant.
(Amends R.S. 42:1132(D); Adds R.S. 42:451.1)