HLS 12RS-1057 ORIGINAL
Page 1 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 950
BY REPRESENTATIVE TIM BURNS
ETHICS: Provides relative to the enforcement of provisions of law under the jurisdiction
of the Board of Ethics
AN ACT1
To amend and reenact R.S. 42:1132(A), (B)(introductory paragraph), (C), and (D),2
1134(A)(1) and (K), 1135, 1141(A), (B)(1)(a), (C)(1), (2), and (3)(c) and (d), 11513
through 1157, to enact R.S. 42:1141(B)(3) and (C)(3)(e) and 1141.2 through 1141.6,4
and to repeal R.S. 42:1141(C)(4), (5), (6), (7), and (8), (D), (E), and (F), 1141.1, and5
1157.2, relative to enforcement of the laws under the jurisdiction of the Board of6
Ethics; to clarify the powers and duties of the Board of Ethics and the Ethics7
Adjudicatory Board relative to such enforcement; to provide relative to certain time8
limitations; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 42:1132(A), (B)(introductory paragraph), (C), and (D), 1134(A)(1)11
and (K), 1135, 1141(A), (B)(1)(a), (C)(1), (2), and (3)(c) and (d), 1151 through 1157 are12
hereby amended and reenacted and R.S. 42:1141(B)(3) and (C)(3)(e) and 1141.2 through13
1141.6 are hereby enacted to read as follows:14
§1132. Board of Ethics15
A. Board of Ethics established. There is hereby established in the16
Department of State Civil Service the Board of Ethics to be domiciled in the city of17
Baton Rouge.18 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 2 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. Membership; terms; vacancies; qualifications. (1) The board Board of1
Ethics shall consist of eleven members to be selected as follows:2
* * *3
C. Jurisdiction. The board Board of Ethics shall administer and enforce the4
provisions of this Chapter and the rules, regulations, and orders issued hereunder5
with respect to public employees and elected officials, including final decisions of6
Ethics Adjudicatory Board. In addition, the board Board of Ethics, functioning as7
the Supervisory Committee on Campaign Finance Disclosure, shall administer and8
enforce the provisions of Chapter 11 of Title 18 of the Louisiana Revised Statutes9
of 1950, and the rules, regulations, and orders issued thereunder. In addition, the10
board Board of Ethics shall administer the provisions of Part IV of Chapter 2 of Title11
18 of the Louisiana Revised Statutes of 1950, relative to elections integrity.12
D. Additional Jurisdiction. The board Board of Ethics shall administer and13
enforce the provisions of R.S. 27:63, 96, 226, 261, and 316, and 373, Part III of14
Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950, Part IV of Chapter15
1 of Title 49 of the Louisiana Revised Statutes of 1950, Chapter 46 of Title 33 of the16
Louisiana Revised Statutes of 1950, and R.S. 47:9072.17
* * *18
§1134. Powers, duties, and responsibilities of the board19
A.(1) The board Board of Ethics may adopt, amend, repeal, and enforce rules20
and regulations in the manner provided by the Administrative Procedure Act to carry21
out the provisions and purposes of this Chapter and any other law within its22
jurisdiction.23
* * *24
K. The board shall do and perform such other acts, duties, and functions as25
are provided elsewhere in this Chapter as it shall deem appropriate in connection26
with the provisions of this Chapter within its jurisdiction, except those duties and27
functions of the Ethics Adjudicatory Board.28
* * *29 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 3 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§1135. Enforcement of regulation, decision, or order of the board Board of Ethics1
Any The Board of Ethics shall have the right to enforce any valid regulation,2
final decision, or final order of the board shall be enforceable Board of Ethics or the3
Ethics Adjudicatory Board in any court of competent jurisdiction in this state by a4
mandamus or injunction suit brought for that purpose. The district court for the5
parish wherein the board Board of Ethics is domiciled shall have authority to convert6
a valid final decision or final order of the board into a court order, upon receipt from7
the board Board of Ethics of a rule to show cause for that purpose.8
§1141. Procedure; adjudicatory board Complaints and investigations9
A. Panels. (1) The board Board of Ethics members shall may sit en banc10
and or in panels in such order and at such times as the board directs.11
(2) The board shall Board of Ethics may authorize the hearing and12
determination of matters by separate panels, each consisting of not less than three13
members. Such panels shall sit at the times and places to hear matters assigned as14
the chairman directs. Such hearings shall be public except those provided for in15
Subsection C of this Section. Each panel shall be vested with specific subject matter16
jurisdiction. The board Board of Ethics may determine by rule a procedure to rotate17
members among different subject matter panels to encourage the participation of18
each member of the board in, and the knowledge of each member of the board of,19
matters concerning the different provisions of law under the jurisdiction of the board.20
(3) Matters shall be heard and determined by the board Board of Ethics or21
panel of not less than three members, unless a hearing before the board en banc is22
ordered by a majority of the members of the board. The presence of the three23
members of the panel shall be required to conduct the business of the panel.24
(4) Notwithstanding any other provision of this Chapter, the presence of nine25
members shall be required to conduct the business of the board Board of Ethics26
sitting en banc.27
(5) The board Board of Ethics shall promulgate procedural and jurisdictional28
rules relative to the establishment of the several panels. The rules shall specify29 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 4 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
procedures wherein the chairman may refer matters to the appropriate panel with1
proper subject matter jurisdiction.2
(6) The board, Board of Ethics by a majority vote of its membership, may3
review any opinion, decision, finding, or ruling of any panel.4
B. Complaints. (1)(a) The board Board of Ethics shall consider any signed5
sworn complaint from any elector, hereinafter referred to as complainant, concerning6
a violation of this Chapter which is within its jurisdiction or the regulations or orders7
issued by the board Board of Ethics, or may, by a two-thirds majority vote of its8
membership, consider any matter which it has reason to believe may be a violation9
of this Chapter. Additionally, the board may consider any matter which it has reason10
to believe may be a violation of any other provision of law within its jurisdiction as11
provided in this Subsection or as may be otherwise provided by law. A certified12
copy of the vote; a detailed explanation of the matter, including the specific factual13
allegations upon which the board based its decision to investigate; and a copy of any14
complaint received by the board, from which the name of the complainant has been15
redacted, shall be sent by certified mail to the accused and the complainant within16
ten days after the vote occurs or after receipt of a signed sworn complaint. The17
chairman of the board shall Board of Ethics may assign each such matter to the18
appropriate panel for investigation, in which case the panel shall conduct a private19
investigation to elicit evidence upon which the panel shall determine whether to20
recommend to the board that a public hearing be conducted or that a violation has not21
occurred.22
* * *23
(3) Any person who, with knowledge of its falsity, makes a false complaint24
shall be subject to the penalties set forth in R.S. 42:1153.25
C. Investigation and hearing. (1) Upon receiving a sworn complaint or26
voting to consider a matter as provided in Subsection B of this Section, a private27
investigation shall be conducted to elicit evidence upon which the panel as provided28
in this Section Board of Ethics shall determine whether to recommend to the board29 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 5 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
that a public hearing be conducted or that a violation has not occurred. The accused1
and the complainant shall be given written notification of the commencement of the2
investigation not less than ten days prior to the date set for the commencement of the3
investigation. All determinations in this Subsection shall be by a majority vote of4
the panel. However, in cases where the panel consists of three members, all5
determinations of such a panel shall require a unanimous vote of the members of the6
panel.7
(2) After the investigation has been completed, the board Board of Ethics8
shall determine whether a public hearing should be conducted to receive evidence9
and to determine whether any violation of any provision of law within its jurisdiction10
has occurred. If a violation has not occurred, the defendant and the complainant11
shall be notified within ten days of the ruling.12
(3)13
* * *14
(c) If the board Board of Ethics does not issue charges within one year from15
the date upon which a sworn complaint is received or, if no sworn complaint was16
received, within one year from the date the board voted to consider the matter, the17
matter shall be dismissed. The one year period shall be prescriptive and may be18
suspended by any of the following:19
(i) The person who is the subject of the investigation or complaint, with20
intent to delay or impede the investigation, files any pleading or proceeding in a21
state or federal court or with the Ethics Adjudicatory Board.22
(ii) The person who is the subject of the investigation or complaint23
intentionally provides false, fraudulent, or misleading information related to or in24
connection with the investigation of the Board of Ethics.25
(iii) The person who is the subject of the investigation or complaint fails26
to comply with a subpoena or other request from the Board of Ethics for information27
related to or in connection with the investigation of the Board of Ethics.28 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 6 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(d) Determinations as to the suspension of the prescriptive period provided1
for in Subparagraph (c) of this Paragraph shall be made by the Ethics Adjudicatory2
Board.3
(d) (e) The board shall consider offering a consent opinion to each person4
who is the subject of an investigation.5
§1141.2. Ethics Adjudicatory Board6
A. The director of the division of administrative law shall, at a public7
meeting of the Board of Ethics in December of the year preceding the year in which8
the terms are to begin, randomly select seven administrative law judges from among9
those who meet the qualifications to comprise the Ethics Adjudicatory Board. The10
last selected judge shall serve as the alternate. Members of the adjudicatory board11
shall have not less than two years of experience as an administrative law judge or not12
less than ten years experience in the practice of law.13
B.(1) The members shall each serve a three-year term, which term shall14
begin on January first. There shall be no limitation on the number of times a15
qualified member may be selected to serve.16
(2) A vacancy on either three-judge panel shall be filled by the alternate17
judge.18
(3) A vacancy on the Ethics Adjudicatory Board shall be filled for the19
unexpired term at the next public meeting of the Board of Ethics and in the same20
manner as for the original selection. The last selected judge shall serve as the21
alternate.22
C. Members of the Ethics Adjudicatory Board shall be subject to the same23
financial disclosure requirements as are provided by law for members of the Board24
of Ethics. Such members shall also be subject to the same limitations regarding25
contracting as are applicable to the members of the Board of Ethics as provided by26
law.27
D. If an administrative law judge who is a member of the Ethics28
Adjudicatory Board begins work on a matter prior to the end of his term, he shall not29 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 7 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
be prohibited from completing work on the matter following the end of his term. He1
shall be considered a member of the Ethics Adjudicatory Board until such work is2
complete, and such status shall not affect the selection of members for the Ethics3
Adjudicatory Board.4
E. Any member of the Ethics Adjudicatory Board who has a personal interest5
in or who becomes the subject of a hearing pursuant to this Part shall recuse himself6
from participation in such hearing.7
§1141.3. Location of hearings8
The Board of Ethics, a panel thereof, or the Ethics Adjudicatory Board may9
conduct any hearing provided in this Chapter in the parish wherein the public servant10
or person alleged to have violated any provision of law within the jurisdiction of the11
Board of Ethics resides, or in the parish of the official domicile of any office or12
employment held by the defendant, or in the parish of domicile of the Board of13
Ethics or the Ethics Adjudicatory Board.14
§1141.4. Notice and procedure15
A.(1) Any public servant or other person who is to be the subject of a public16
or private hearing and the complainant shall be given written notification of the17
pending charges and of the time and place such hearing is to be held. Such18
notification shall not be less than sixty days prior to the date set for the hearing.19
Upon the request of a public servant or other person charged, the hearing may be20
held sooner.21
(2) The Ethics Adjudicatory Board shall give public notice of its hearings22
that are conducted pursuant to R.S. 42:1141.5.23
B.(1) For purposes of an investigation or a hearing, the Board of Ethics, any24
panel thereof, or its staff, or the Ethics Adjudicatory Board may administer oaths and25
affirmations, subpoena witnesses, compel their attendance, take evidence, and26
require the production of any records which a board or panel deems relevant or27
material to the investigation or hearing. Such attendance of witnesses and the28
production of any such records may be required at any place designated by a board29 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 8 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
or panel at no cost to the public servant or other person charged as permitted by the1
rules of the board requiring such attendance or production or the board of the panel2
requiring such attendance or production.3
(2) The Board of Ethics and the Ethics Adjudicatory Board shall adopt rules4
providing for discovery consistent with Chapter 3 of Title III of Book II of the Code5
of Civil Procedure, to the extent and in the manner appropriate to its proceedings.6
C. In case of contumacy or refusal to obey a subpoena issued to any public7
servant or other person, any district court of this state within the jurisdiction of which8
the inquiry is carried on, or within which said public servant or other person is found,9
resides, or transacts business, upon application by the Board of Ethics or the Ethics10
Adjudicatory Board shall have jurisdiction to issue to such public servant or other11
person an order requiring him to appear before the board or its staff and to produce12
evidence, if so ordered, or to give testimony touching on the matter under13
consideration. Any failure to obey such order of the court may be punished by the14
court as a contempt thereof.15
D.(1) If any public employee willfully refuses or fails to appear before the16
Board of Ethics or the Ethics Adjudicatory Board or any court authorized to conduct17
any hearing or inquiry pertaining to the provisions of this Chapter, or having18
appeared refuses to testify or answer any question specifically, directly, and narrowly19
relating to the performance of his official duties on the ground that his testimony or20
answers would tend to incriminate him, or refuses to accept immunity from21
prosecution on account of any matter about which he may be asked to testify at any22
such hearing or inquiry, such action shall be grounds for dismissal or forfeiture of23
his office or position, and if dismissed, he shall not be eligible thereafter for24
employment by the governmental entity for a period of five years, unless such25
reemployme nt is authorized by a majority vote of the membership of the Board of26
Ethics.27
(2) If any elected official willfully refuses or fails to appear before the Board28
of Ethics or the Ethics Adjudicatory Board or any court authorized to conduct any29 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 9 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
hearing or inquiry pertaining to the provisions of this Chapter or having appeared1
refuses to testify or answer any question specifically, directly, and narrowly relating2
to the performance of his official duties on the ground that his testimony or answers3
would tend to incriminate him, or refuses to accept immunity from prosecution on4
account of any matter about which he may be asked to testify at such hearing or5
inquiry, such action shall be grounds for the imposition of penalties as provided in6
R.S. 42:1153.7
E. Any public servant or other person who is the subject of any hearing may8
have legal counsel, cross-examine witnesses, call witnesses, and present evidence in9
his own behalf.10
F. Any public servant or other person who is the subject of any investigation11
shall be advised of his right to have an attorney present.12
G. Any witness may be accompanied by counsel at investigations or13
hearings, which counsel may advise the witness of his rights, subject to reasonable14
limitations to prevent obstruction of or interference with the orderly conduct of the15
investigation or hearing. His counsel may also submit proposed questions to be asked16
for his client.17
H. Any witness at any investigation or hearing, subject to rules and18
regulations promulgated by the Board of Ethics or Ethics Adjudicatory Board, shall19
be entitled to a copy of his testimony when the same becomes important and relevant20
in a criminal proceeding or subsequent investigation or hearing, provided that the21
furnishing of such copy will not prejudice the public safety or security.22
I. In making any official determination of whether any provision of law23
within the jurisdiction of the Board of Ethics has been violated, the Ethics24
Adjudicatory Board may only consider testimony given under oath and transcribed25
verbatim by a reporter.26
J. Any public servant or other person who is aggrieved by any action taken27
by a panel of the Board of Ethics may request a review of the panel's decision by the28
full Board of Ethics within thirty days of the panel's decision. The Board of Ethics29 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 10 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
shall determine whether or not to review the panel's action within thirty days of the1
request for review.2
K. The records of the Board of Ethics prepared or obtained in connection3
with investigations and private hearings conducted by the Board of Ethics, including4
all extracts of minutes and votes to take any matter under consideration in connection5
therewith, shall be deemed confidential and privileged, except that such records shall6
be available to each member of the Board of Ethics upon request. Except as provided7
in this Section and in R.S. 42:1111(E)(2)(c), all records, including the results and8
conclusions reached in connection with any investigation or hearing, shall be public.9
L.(1) It shall be a misdemeanor, punishable by a fine of not more than two10
thousand dollars or imprisonment for not more than one year, or both, for any11
member of the Board of Ethics, its executive secretary, other employee, or any other12
person, to make public the testimony taken at a private investigation or private13
hearing of the Board of Ethics or to make any public statement or give out any14
information concerning a private investigation or private hearing of the Board of15
Ethics without the written request of the public servant or other person investigated.16
(2) Upon receipt of a written request by the public servant or person charged,17
the Board of Ethics shall furnish the requestor with a certified copy of the entire18
proceedings of a private hearing, including a verbatim transcript of all testimony19
considered at such hearing, and make public the findings of any private investigation20
or hearing in connection with the charges.21
M. The provisions of the Open Meetings Law shall not apply to22
investigations and private hearings conducted by the Board of Ethics.23
§1141.5. Adjudicatory hearings24
A. The Ethics Adjudicatory Board shall sit in rotating panels composed of25
three administrative law judges randomly selected from among the members of the26
Ethics Adjudicatory Board. The panel shall select the administrative law judge who27
will preside over the hearing. The determination of the majority of the panel in a28
particular case shall be the determination of the Ethics Adjudicatory Board. After the29 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 11 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
hearing, the presiding administrative law judge shall assign authorship responsibility1
for the determination.2
B. After the hearing, the ethics adjudicatory panel shall determine whether3
a violation of any provision of law within the jurisdiction of the Board of Ethics has4
occurred. If the ethics adjudicatory panel determines that a violation has occurred,5
it shall determine what authorized penalties or other sanctions, if any, should be6
imposed and shall issue a final decision.7
C. If the public hearing of the ethics adjudicatory panel fails to disclose clear8
and convincing evidence to support the charges, the ethics adjudicatory panel shall9
make an official determination of its findings, and shall issue a final decision. The10
person charged and the complainant shall be notified in writing within ten days of11
the ethics adjudicatory panel's rendition of a final decision. The person charged may12
require the ethics adjudicatory panel to make an official determination of the validity13
of the charges against him.14
D. If the ethics adjudicatory panel determines that a violation has occurred15
and prescribes authorized penalties or other sanctions, the public servant or person16
may appeal as set forth in R.S. 42:1142.17
§1141.6 Declaratory opinions18
A. Upon application of a public servant, other person, or agency, the Board19
of Ethics may declare rights, status, and other legal relations established by the20
provisions of this Chapter or by any other law within its jurisdiction or under21
opinions issued by the board, either before or after there has been a breach thereof.22
The applicant may seek to have the Board of Ethics determine any question of23
construction or validity arising under the provisions of this Chapter or by any other24
law within its jurisdiction.25
B. The Board of Ethics' power to declare rights, status, or legal relations26
established by the provisions of this Chapter or by any other law within its27
jurisdiction or under opinions issued by the board, or the construction of said laws28 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 12 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
or opinions, is not limited or restricted to any proceeding where a declaratory opinion1
is sought in order to terminate a controversy or remove an uncertainty.2
C. The purpose of a declaratory opinion is to settle and afford relief from3
uncertainty and insecurity with respect to rights, status, and other legal relations4
established by the provisions of this Chapter or by any other law within the Board5
of Ethics' jurisdiction or under opinions issued by the board, or the construction of6
said laws and opinions.7
D. A declaratory opinion is a final decision of the Board of Ethics. The8
decision of the board on an application for a declaratory opinion shall be rendered9
after a public hearing and only after the requesting party, all other interested parties,10
and the board's staff have been afforded full and complete opportunity to present11
evidence, testimony, and argument. A declaratory opinion of the board shall be12
considered a final decision and shall be reviewable by the Court of Appeal, First13
Circuit, pursuant to R.S. 42:1142.14
E. The Board of Ethics may refuse to render a declaratory opinion where15
such opinion, if rendered, would not terminate the uncertainty or controversy giving16
rise to the proceeding.17
F. When a declaratory opinion is sought, the public servant, other person, or18
agency, as necessary and appropriate for the rendition of a declaratory opinion, who19
has or claims any interest which would be affected by the opinion shall be made a20
respondent and given notice of the request and of all public hearings conducted21
pursuant to the request.22
G. The procedures for seeking a declaratory opinion and for the public23
hearing on such request shall be provided by rule adopted by the Board of Ethics24
pursuant to the Administrative Procedure Act.25
* * *26
§1151. Administrative enforcement27
A. Enforcement as to current public employees. An agency head and any28
other public servant having the authority to appoint a person to a position of public29 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 13 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
service, regardless of whether or not such appointment requires the approval of the1
Senate or any other body, employee, or person, shall take such action as may be2
ordered by the board or panel a final decision of the Ethics Adjudicatory Board with3
respect to any public employee within his agency or any such appointee, upon a4
finding by the board or panel determination that such employee or appointee has5
violated any provision of law within the jurisdiction of the board Board of Ethics or6
any order, rule, or regulation promulgated thereunder. Such action may include the7
imposition of the conditions described in Subsection B of this Section.8
B. Enforcement as to former public servants and other persons. Upon a9
finding determination by the board or panel Ethics Adjudicatory Board or a court10
of competent jurisdiction, that a former public servant or other person has violated11
any provision of law within the jurisdiction of the board Board of Ethics or any12
order, rule, or regulation promulgated hereunder, the agency head or the board or13
panel Ethics Adjudicatory Board shall bar or impose reasonable conditions upon:14
(1) The appearance before such agency of such former public servant or15
other person.16
(2) The conduct of, or negotiation or competition for, business with such17
agency by such former public servant or other person, for such period of time as may18
be necessary or appropriate to effectuate the purposes of this Chapter.19
§1152. Rescission of action of a governmental entity20
A. Subject to the limitations hereinafter set forth in this Section, the board21
or panel Ethics Adjudicatory Board may cancel or rescind any contract of or permit22
or license issued by a governmental entity without liability to the governmental23
entity when:24
(1) The board or panel Ethics Adjudicatory Board has found that a violation25
of law within the jurisdiction of the board Board of Ethics has influenced the issuing26
of the permit or license or the making of such contract.27
(2) The board or panel Ethics Adjudicatory Board finds under all of the28
circumstances that the interests of the governmental entity so require; however, such29 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 14 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
rescission is to be limited so as to not adversely affect the interests of innocent third1
parties.2
B. The finding determination referred to in Subsection A of this Section shall3
be made in accordance with the procedures set forth in R.S. 42:1141 this Part and4
shall be subject to judicial review in accordance with the provisions of R.S. 42:1142,5
provided that the board or panel Ethics Adjudicatory Board may suspend the6
contract, permit, or license of the governmental entity subject to the limitations in7
Paragraph A(2) of this Section pending the determination of the merits of the8
controversy.9
§1153. Penalties10
A. Upon finding a determination that any elected official or other person has11
violated any provision of any law within the jurisdiction of the board Board of Ethics12
except violations of the Campaign Finance Disclosure Act which shall be governed13
by Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the board by a14
majority vote of the membership, Ethics Adjudicatory Board may censure the elected15
official or person, or impose a fine of not more than ten thousand dollars, or both.16
B. Upon finding a determination that any public employee or other person17
has violated any provision of any law within the jurisdiction of the board Board of18
Ethics except violations of the Campaign Finance Disclosure Act which shall be19
governed by Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the20
board by a majority vote of the membership, Ethics Adjudicatory Board may21
remove, suspend, or order a reduction in pay, or demotion of the public employee or22
other person, or impose a fine of not more than ten thousand dollars, or both.23
§1154. Civil penalties for illegal payments24
When the results of a board investigation conducted pursuant to R.S. 42:114125
this Part indicates that a violation of R.S. 42:1117 has occurred, the board and after26
an adjudicatory hearing on the matter, the Ethics Adjudicatory Board may order the27
payment of a penalty by any person who violates R.S. 42:1117. The penalty shall28
be limited to an amount not in excess of ten thousand dollars. Any appeal of such29 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 15 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
order by the board final decision by the Ethics Adjudicatory Board shall be to the1
Court of Appeal, First Circuit, pursuant to R.S. 42:1142.2
§1155. Penalties for illegal gain; forfeiture of gifts, payments3
A. If an investigation conducted pursuant to R.S. 42:1141 this Part reveals4
that any public servant or other person has violated any law within the jurisdiction5
of the board Board of Ethics to his economic advantage, the board and after an6
adjudicatory hearing on the matter, the Ethics Adjudicatory Board may order the7
payment of penalties. Recovery may include, in addition to an amount equal to such8
economic advantage, penalties not to exceed one half of the amount of the economic9
advantage. Any appeal of such order final decision by the Ethics Adjudicatory10
Board shall be to the Court of Appeal, First Circuit, pursuant to R.S. 42:1142.11
B. The board Ethics Adjudicatory Board is authorized to order the forfeiture12
of any gifts or payments made in violation of this Chapter.13
§1156. Finding of possible criminal violation14
Upon finding at a public hearing that there is probable cause to believe that15
any public servant or other person has violated any criminal law of this state, the16
board or panel Board of Ethics, or a panel thereof, or the Ethics Adjudicatory Board17
shall forward a copy of its findings to the district attorney of the parish in which the18
violation occurred, for appropriate action. Thereafter, notwithstanding any other19
provision of this Chapter, such district attorney shall have access to all records of the20
board relative to such charges.21
§1157. Late filing fees22
A.(1)(a) The staff of the board Board of Ethics may automatically assess and23
issue a final order for the payment of late filing fees, in accordance with rules24
adopted by the board Board of Ethics, for any failure to timely file any report or25
statement due under any law under its jurisdiction as provided in R.S. 42:1132(C),26
R.S. 24:50 et seq., R.S. 49:71 et seq., or R.S. 33:9661 et seq. A final order issued27
pursuant to this Subparagraph shall be appealable to the Ethics Adjudicatory Board28
for an adjudicatory hearing conducted in accordance with R.S. 42:1141.5.29 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 16 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) The Board of Ethics may waive all or any part of late filing fees assessed1
pursuant to Subparagraph (a) of this Paragraph. Any request for waiver of late filing2
fees assessed in a final order of the staff of the Board of Ethics shall be to the Board3
of Ethics, which shall promulgate rules governing the procedure to request a waiver4
as well as to provide for waiver for "good cause" shown. "Good cause" shall be5
defined as any action or circumstance which, in the considered judgment of the6
Board of Ethics, were not within the control of the late filer and which were the7
direct cause of the late filing or any applicable provision in R.S. 18:1511.5 (B). The8
final disposition of the Board of Ethics on a request for waiver shall not be9
appealable to the Ethics Adjudicatory Board.10
(c) The board Board of Ethics shall promulgate rules to facilitate the carrying11
out of the provisions of this Chapter regarding order for, and payment of, and waiver12
of late filing fees. Any appeal of such order for the payment of late fees shall be to13
the board, which shall promulgate rules governing the procedure for appeals of late14
filing fees.15
(2) The late filing fees for election campaign finance reports shall be as16
provided in R.S. 18:1505.4.17
(3) (2) The late filing fees for any lobbyist required to register and file18
reports under the provisions of R.S. 24:50 et seq., shall be as provided in R.S.19
24:58(D). The late filing fees for any lobbyist required to register and file reports20
under the provisions of R.S. 49:71 et seq., shall be as provided in R.S. 49:78(D);21
however, the late filing fees applicable to a lobbyist for a lobbyist expenditure report22
filed pursuant to R.S. 24:55(G) or R.S. 49:76(G) which contains all of the23
information required by Part IV of Chapter 1 of Title 49 of the Louisiana Revised24
Statutes of 1950 and all of the information required by Part III of Chapter 1 of Title25
24 of the Louisiana Revised Statutes of 1950 shall be fifty dollars per day. The late26
filing fees for any lobbyist required to register and file reports under the provisions27
of R.S. 33:9661 et seq., shall be as provided in R.S. 33:9668(D).28 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 17 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(4)(a)(i) (3)(a)(i) The late filing fees for any violation of R.S. 42:1114 shall1
be as provided in R.S. 42:1124.1(A).2
(ii) The late penalties for any violation of R.S. 42:1124, 1124.2, 1124.2.1,3
or 1124.3 shall be as provided in R.S. 42:1124.4.4
(b) The late filing fees for any violation of R.S. 42:1114.2 shall be as5
provided in R.S. 42:1114.2(G).6
(5) (4) Any late filing fees assessed by the board Board of Ethics or the its7
staff of the board, for any failure to timely file any report or statement due, shall not8
exceed the following:9
(a) If the fee is forty dollars per day, the maximum shall be one thousand10
dollars.11
(b) If the fee is fifty dollars per day, the maximum shall be one thousand five12
hundred dollars.13
(c) If the fee is sixty dollars per day, the maximum shall be two thousand14
dollars.15
(d) If the fee is one hundred dollars per day, the maximum shall be two16
thousand five hundred dollars.17
(e) If the fee is two hundred dollars per day, the maximum shall be three18
thousand dollars.19
B. The staff of the board Board of Ethics shall mail by certified mail a notice20
of delinquency within four days after the due date of which the staff knows or has21
reason to know, for any report or statement due under the laws within its jurisdiction22
which has not been timely filed.23
C. All funds collected by the staff of the board Board of Ethics as provided24
in Subsection A of this Section shall be deposited upon receipt in the state treasury.25
Section 2. R.S. 42:1141(C)(4), (5), (6), (7), and (8), (D), (E), and (F), 1141.1 and26
1157.2 are hereby repealed in their entirety.27
Section 3. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29 HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 18 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
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)]
Tim Burns HB No. 950
Abstract: Provides relative to the enforcement of provisions of law under the jurisdiction
of the Board of Ethics.
Present law (Code of Governmental Ethics) provides for the Board of Ethics (BOE) and the
Ethics Adjudicatory Board (EAB). Provides for the composition and the powers and duties
of each board.
Present law (R.S. 42:1141) provides that the BOE receives complaints, conducts
investigations concerning alleged violations of laws within its jurisdiction, and issues
charges based on such alleged violations. Provides that the EAB conducts hearings on the
charges to determine whether a violation has in fact occurred and, if a violation has occurred,
determines what authorized penalties or other sanctions should be imposed. Provides that
if the public hearing of the EAB fails to disclose clear and convincing evidence to support
the charges, the EAB must make an official determination of its findings, and thereupon the
BOE must close its file on the charges.
Proposed law makes technical changes to clarify which powers, functions, and duties are
performed by the BOE and the EAB. Proposed law clarifies that BOE may use panels to
conduct investigations and hearings concerning alleged violations of laws within its
jurisdiction. Proposed law further clarifies that the BOE shall enforce any final decision or
final order of the EAB in the same manner as it enforces its own.
Present law provides that any complainant who, with knowledge of its falsity, makes a false
non-sworn complaint shall be subject to the penalties set forth in present law (R.S. 42:1153).
Proposed law provides instead that any person who, with knowledge of its falsity, makes a
false complaint shall be subject to the penalties set forth in present law (R.S. 42:1153).
Present law provides that if the BOE 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, the matter shall be dismissed.
Proposed law retains present law but specifically provides that the one year period shall be
prescriptive and may be suspended by (a) the subject of the investigation or complaint, with
intent to delay or impede the investigation, filing any pleading or proceeding in a state or
federal court or with the EAB; (b) the subject of the investigation or complaint intentionally
providing false, fraudulent, or misleading information related to or in connection with the
investigation of the BOE; (c) the subject of the investigation or complaint failing to comply
with a subpoena or other request from the BOE for information related to or in connection
with the investigation of the BOE. Proposed law provides that determinations as to the
suspension of the prescriptive period shall be made by the EAB. HLS 12RS-1057 ORIGINAL
HB NO. 950
Page 19 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides for actions of the board or panel may order relative to enforcement of
violations of the laws within the jurisdiction of the Board of Ethics and penalties which may
be assessed for such violations.
Proposed law retains present law but specifies that the actions may be taken and penalties
may be assessed after a determination by the Ethics Adjudicatory Board and makes other
technical changes relative thereto.
Present law provides that the staff of the board may assess and issue an order for payment
of late filing fees and provides that a person may request a waiver of such fees from the
BOE. Proposed law specifies that the staff of the board may assess and issue a final order
for payment of late filing fees; provides that the BOE may waive all or part of late filing fees
so assessed; and provides that the final disposition of the BOE on a request for waiver shall
not be appealable to the EAB. Proposed law provides that an appeal of late fees so assessed
shall be made to the EAB.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1132(A), (B)(introductory paragraph), (C), and (D), 1134(A)(1) and (K),
1135, 1141(A), (B)(1)(a), (C)(1), (2), and (3)(c) and (d), 1151 through 1157; Adds R.S.
42:1141(B)(3) and (C)(3)(e)and 1141.2 through 1141.6; Repeals R.S. 42:1141(C)(4), (5),
(6), (7), and (8), (D), (E), and (F), 1141.1, and 1157.2)