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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), and3
1151 through 1157, to enact R.S. 42:1141(B)(3) and (C)(3)(e) and (f) and 1141.24
through 1141.6, and to repeal R.S. 42:1141(C)(4), (5), (6), (7), and (8), (D), (E), and5
(F), 1141.1, and 1157.2, relative to enforcement of the laws under the jurisdiction of6
the Board of Ethics; to clarify the powers and duties of the Board of Ethics and the7
Ethics Adjudicatory Board relative to such enforcement; to provide relative to certain8
time 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), and 1151 through 1157 are12
hereby amended and reenacted and R.S. 42:1141(B)(3) and (C)(3)(e) and (f) and 1141.213
through 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 REENGROSSED
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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
the Ethics Adjudicatory Board. In addition, the board Board of Ethics, functioning7
as 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 REENGROSSED
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§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 banc and10
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. If a panel consists of three members, the presence of16
the three members of the panel shall be required to conduct the business of the panel.17
Each panel shall be vested with specific subject matter jurisdiction. The board Board18
of Ethics may determine by rule a procedure to rotate members among different19
subject matter panels to encourage the participation of each member of the board in,20
and the knowledge of each member of the board of, matters concerning the different21
provisions of law under the jurisdiction of the board.22
(3) Matters shall be heard and determined by the board or panel of not less23
than three members, unless a hearing before the board en banc is ordered by a24
majority of the members of the board. The presence of the three members of the25
panel shall be required to conduct the business of the panel.26
(4) Notwithstanding any other provision of this Chapter, the presence of nine27
members shall be required to conduct the business of the board Board of Ethics28
sitting en banc.29 HLS 12RS-1057 REENGROSSED
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(5) (4) The board Board of Ethics shall promulgate procedural and1
jurisdictional rules relative to the establishment of the several panels. The rules shall2
specify procedures wherein the chairman may refer matters to the appropriate panel3
with proper subject matter jurisdiction.4
(6) (5) The board, Board of Ethics by a majority vote of its membership, may5
review any opinion, decision, finding, or ruling of any panel.6
B. Complaints. (1)(a) The board Board of Ethics shall consider any signed7
sworn complaint from any elector, hereinafter referred to as complainant, concerning8
a violation of this Chapter which is within its jurisdiction or the regulations or orders9
issued by the board Board of Ethics, or may, by a two-thirds majority vote of its10
membership, consider any matter which it has reason to believe may be a violation11
of this Chapter. Additionally, the board may consider any matter which it has reason12
to believe may be a violation of any other provision of law within its jurisdiction as13
provided in this Subsection or as may be otherwise provided by law. A certified14
copy of the vote; a detailed explanation of the matter, including the specific factual15
allegations upon which the board based its decision to investigate; and a copy of any16
complaint received by the board, from which the name of the complainant has been17
redacted, shall be sent by certified mail to the accused and the complainant within18
ten days after the vote occurs or after receipt of a signed sworn complaint. The19
chairman of the board shall Board of Ethics may assign each such a matter to the20
appropriate panel for investigation, in which case the panel shall conduct a private21
investigation to elicit evidence upon which the panel shall determine whether to22
recommend to the board that a public hearing be conducted or that a violation has not23
occurred.24
* * *25
(3) Any person who, with knowledge of its falsity, makes a false complaint26
shall be subject to the penalties set forth in R.S. 42:1153.27
C. Investigation and hearing. (1) Upon receiving a sworn complaint or28
voting to consider a matter as provided in Subsection B of this Section, a private29 HLS 12RS-1057 REENGROSSED
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investigation shall be conducted to elicit evidence upon which the panel as provided1
in this Section Board of Ethics shall determine whether to recommend to the board2
that a public hearing should be conducted or that a violation has not occurred. The3
accused and the complainant shall be given written notification of the4
commencement of the investigation not less than ten days prior to the date set for the5
commencement of the investigation. All determinations in this Subsection shall be6
by a majority vote of the panel. However, in cases where the panel consists of three7
members, all determinations of such a panel shall require a unanimous vote of the8
members of the panel.9
(2) After the investigation has been completed, the board Board of Ethics10
shall determine whether a public hearing should be conducted to receive evidence11
and to determine whether any violation of any provision of law within its jurisdiction12
has occurred. If a violation has not occurred, the defendant and the complainant13
shall be notified within ten days of the ruling.14
(3)15
* * *16
(c) If the board Board of Ethics does not issue charges within one year from17
the date upon which a sworn complaint is received or, if no sworn complaint was18
received, within one year from the date the board voted to consider the matter, the19
matter shall be dismissed. The one-year period shall be prescriptive. The20
prescriptive period may be suspended, interrupted, or renounced. The prescriptive21
period shall be suspended by any of the following:22
(i) The person who is the subject of the investigation or complaint files any23
pleading or proceeding in a state or federal court or with the Ethics Adjudicatory24
Board related to the matter under investigation.25
(ii) The person who is the subject of the investigation or complaint provides26
false, fraudulent, or misleading information related to or in connection with the27
investigation of the Board of Ethics.28 HLS 12RS-1057 REENGROSSED
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(iii) The person who is the subject of the investigation or complaint fails1
to comply with a subpoena or other request from the Board of Ethics for information2
related to or in connection with the investigation of the Board of Ethics.3
(d) The person who is the subject of the investigation or complaint may4
consent in writing to the suspension of the prescriptive period.5
(e) Determinations concerning the prescriptive period provided for in6
Subparagraph (c) of this Paragraph shall be made by the Ethics Adjudicatory Board.7
(d) The board (f) The Board of Ethics shall consider offering a consent8
opinion to each person who is the subject of an investigation.9
§1141.2. Ethics Adjudicatory Board10
A. The director of the division of administrative law shall, at a public11
meeting of the Board of Ethics in December of the year preceding the year in which12
the terms are to begin, randomly select seven administrative law judges from among13
those who meet the qualifications to comprise the Ethics Adjudicatory Board. The14
last selected judge shall serve as the alternate. Members of the adjudicatory board15
shall have not less than two years of experience as an administrative law judge or not16
less than ten years experience in the practice of law.17
B.(1) The members shall each serve a three-year term, which term shall18
begin on January first. There shall be no limitation on the number of times a19
qualified member may be selected to serve.20
(2) A vacancy on either three-judge panel shall be filled by the alternate21
judge.22
(3) A vacancy on the Ethics Adjudicatory Board shall be filled for the23
unexpired term at the next public meeting of the Board of Ethics and in the same24
manner as for the original selection. The last selected judge shall serve as the25
alternate.26
C. Members of the Ethics Adjudicatory Board shall be subject to the same27
financial disclosure requirements as are provided by law for members of the Board28
of Ethics. Such members shall also be subject to the same limitations regarding29 HLS 12RS-1057 REENGROSSED
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contracting as are applicable to the members of the Board of Ethics as provided by1
law.2
D. If an administrative law judge who is a member of the Ethics3
Adjudicatory Board begins work on a matter prior to the end of his term, he shall not4
be prohibited from completing work on the matter following the end of his term. He5
shall be considered a member of the Ethics Adjudicatory Board until such work is6
complete, and such status shall not affect the selection of members for the Ethics7
Adjudicatory Board.8
E. Any member of the Ethics Adjudicatory Board who has a personal interest9
in or who becomes the subject of a hearing pursuant to this Part shall recuse himself10
from participation in such hearing.11
§1141.3. Location of hearings12
The Board of Ethics, a panel thereof, or the Ethics Adjudicatory Board may13
conduct any hearing provided in this Chapter in the parish wherein the public servant14
or person alleged to have violated any provision of law within the jurisdiction of the15
Board of Ethics resides, or in the parish of the official domicile of any office or16
employment held by the defendant, or in the parish of domicile of the Board of17
Ethics or the Ethics Adjudicatory Board.18
§1141.4. Notice and procedure19
A.(1) Any public servant or other person who is to be the subject of a public20
or private hearing and the complainant shall be given written notification of the21
pending charges and of the time and place such hearing is to be held. Such22
notification shall not be less than sixty days prior to the date set for the hearing.23
Upon the request of a public servant or other person charged, the hearing may be24
held sooner.25
(2) The Ethics Adjudicatory Board shall give public notice of its hearings26
that are conducted pursuant to R.S. 42:1141.5.27
B.(1) For purposes of an investigation or a hearing, the Board of Ethics, any28
panel thereof, or its staff, or the Ethics Adjudicatory Board, or any panel thereof,29 HLS 12RS-1057 REENGROSSED
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may administer oaths and affirmations, subpoena witnesses, compel their attendance,1
take evidence, and require the production of any records which a board or panel2
deems relevant or material to the investigation or hearing. Such attendance of3
witnesses and the production of any such records may be required at any place4
designated by a board or panel at no cost to the public servant or other person5
charged as permitted by the rules of the board requiring such attendance or6
production or the board of the panel requiring such attendance or production.7
(2) The Board of Ethics and the Ethics Adjudicatory Board shall adopt rules8
providing for discovery consistent with Chapter 3 of Title III of Book II of the Code9
of Civil Procedure, to the extent and in the manner appropriate to its proceedings.10
C. In case of contumacy or refusal to obey a subpoena issued to any public11
servant or other person, any district court of this state within the jurisdiction of which12
the inquiry is carried on, or within which said public servant or other person is found,13
resides, or transacts business, upon application by the Board of Ethics or the Ethics14
Adjudicatory Board shall have jurisdiction to issue to such public servant or other15
person an order requiring him to appear before the board or its staff and to produce16
evidence, if so ordered, or to give testimony concerning the matter under17
consideration. Any failure to obey such order of the court may be deemed by the18
court as to be contempt of the court.19
D.(1) If any public employee willfully refuses or fails to appear before the20
Board of Ethics or the Ethics Adjudicatory Board or any court authorized to conduct21
any hearing or inquiry pertaining to the provisions of this Chapter, or having22
appeared refuses to testify or answer any question specifically, directly, and narrowly23
relating to the performance of his official duties on the ground that his testimony or24
answers would tend to incriminate him, or refuses to accept immunity from25
prosecution on account of any matter about which he may be asked to testify at any26
such hearing or inquiry, such action shall be grounds for dismissal or forfeiture of27
his office or position, and if dismissed, he shall not be eligible thereafter for28
employment by the governmental entity for a period of five years, unless such29 HLS 12RS-1057 REENGROSSED
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reemployment is authorized by a majority vote of the membership of the Board of1
Ethics.2
(2) If any elected official willfully refuses or fails to appear before the Board3
of Ethics or the Ethics Adjudicatory Board or any court authorized to conduct any4
hearing or inquiry pertaining to the provisions of this Chapter or having appeared5
refuses to testify or answer any question specifically, directly, and narrowly relating6
to the performance of his official duties on the ground that his testimony or answers7
would tend to incriminate him, or refuses to accept immunity from prosecution on8
account of any matter about which he may be asked to testify at such hearing or9
inquiry, such action shall be grounds for the imposition of penalties as provided in10
R.S. 42:1153.11
E. Any public servant or other person who is the subject of any hearing may12
have legal counsel, cross-examine witnesses, call witnesses, and present evidence in13
his own behalf.14
F. Any public servant or other person who is the subject of any investigation15
shall be advised of his right to have an attorney present.16
G. Any witness may be accompanied by counsel at investigations or17
hearings, which counsel may advise the witness of his rights, subject to reasonable18
limitations to prevent obstruction of or interference with the orderly conduct of the19
investigation or hearing. His counsel may also submit proposed questions to be asked20
for his client.21
H. Any witness at any investigation or hearing, subject to rules and22
regulations promulgated by the Board of Ethics or Ethics Adjudicatory Board, shall23
be entitled to a copy of his testimony when it becomes important and relevant in a24
criminal proceeding or subsequent investigation or hearing, provided that the25
furnishing of such copy will not prejudice the public safety or security.26
I. In making any official determination of whether any provision of law27
within the jurisdiction of the Board of Ethics has been violated, the Ethics28 HLS 12RS-1057 REENGROSSED
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Adjudicatory Board may consider testimony only if it is given under oath and1
transcribed verbatim by a reporter.2
J. Any public servant or other person who is aggrieved by any action taken3
by a panel of the Board of Ethics may request a review of the panel's decision by the4
full Board of Ethics within thirty days of the panel's decision. The Board of Ethics5
shall determine whether or not to review the panel's action within thirty days of the6
request for review.7
K. The records of the Board of Ethics prepared or obtained in connection8
with investigations and private hearings conducted by the Board of Ethics, including9
all extracts of minutes and votes to take any matter under consideration in connection10
therewith, shall be deemed confidential and privileged, except that such records shall11
be available to each member of the Board of Ethics upon request. Except as12
provided in this Section and in R.S. 42:1111(E)(2)(c), all records, including the13
results and conclusions reached in connection with any investigation or hearing, shall14
be public.15
L.(1) It shall be a misdemeanor, punishable by a fine of not more than two16
thousand dollars or imprisonment for not more than one year, or both, for any17
member of the Board of Ethics, its executive secretary, other employee, or any other18
person, to make public the testimony taken at a private investigation or private19
hearing of the Board of Ethics or to make any public statement or give out any20
information concerning a private investigation or private hearing of the Board of21
Ethics without the written request of the public servant or other person investigated.22
(2) Upon receipt of a written request by the public servant or person charged,23
the Board of Ethics shall furnish the requestor with a certified copy of the entire24
proceedings of a private hearing, including a verbatim transcript of all testimony25
considered at such hearing, and make public the findings of any private investigation26
or hearing in connection with the charges.27
M. The provisions of the Open Meetings Law shall not apply to28
investigations and private hearings conducted by the Board of Ethics.29 HLS 12RS-1057 REENGROSSED
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§1141.5. Adjudicatory hearings1
A. The Ethics Adjudicatory Board shall sit in rotating panels composed of2
three administrative law judges randomly selected from among the members of the3
Ethics Adjudicatory Board. The panel shall select the administrative law judge who4
will preside over the hearing. The determination of the majority of the panel in a5
particular case shall be the determination of the Ethics Adjudicatory Board. After6
the hearing, the presiding administrative law judge shall assign authorship7
responsibility for the determination.8
B. After the hearing, the adjudicatory panel shall determine whether a9
violation of any provision of law within the jurisdiction of the Board of Ethics has10
occurred. If the adjudicatory panel determines that a violation has occurred, it shall11
determine what authorized penalties or other sanctions, if any, should be imposed12
and shall issue a final decision.13
C. If the public hearing of the adjudicatory panel fails to disclose clear and14
convincing evidence to support the charges, the adjudicatory panel shall make an15
official determination of its findings and shall issue a final decision. The person16
charged and the complainant shall be notified in writing within ten days of the17
adjudicatory panel's rendition of a final decision. The person charged may require18
the adjudicatory panel to make an official determination of the validity of the charges19
against him.20
D. If the adjudicatory panel determines that a violation has occurred and21
prescribes authorized penalties or other sanctions, the public servant or person may22
appeal as set forth in R.S. 42:1142.23
§1141.6. Declaratory opinions24
A. Upon application of a public servant, other person, or agency, the Board25
of Ethics may declare rights, status, and other legal relations established by the26
provisions of this Chapter or by any other law within its jurisdiction or under27
opinions issued by the board, either before or after there has been a breach thereof.28
The applicant may seek to have the Board of Ethics determine any question of29 HLS 12RS-1057 REENGROSSED
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construction or validity arising under the provisions of this Chapter or by any other1
law within its jurisdiction.2
B. The Board of Ethics' power to declare rights, status, or legal relations3
established by the provisions of this Chapter or by any other law within its4
jurisdiction or under opinions issued by the board, or the construction of said laws5
or opinions, is not limited or restricted to any proceeding where a declaratory opinion6
is sought in order to terminate a controversy or remove an uncertainty.7
C. The purpose of a declaratory opinion is to settle and afford relief from8
uncertainty and insecurity with respect to rights, status, and other legal relations9
established by the provisions of this Chapter or by any other law within the Board10
of Ethics' jurisdiction or under opinions issued by the board, or the construction of11
said laws and opinions.12
D. A declaratory opinion is a final decision of the Board of Ethics. The13
decision of the board on an application for a declaratory opinion shall be rendered14
after a public hearing and only after the requesting party, all other interested parties,15
and the board's staff have been afforded full and complete opportunity to present16
evidence, testimony, and argument. A declaratory opinion of the board shall be17
considered a final decision and shall be reviewable by the Court of Appeal, First18
Circuit, pursuant to R.S. 42:1142.19
E. The Board of Ethics may refuse to render a declaratory opinion where20
such opinion, if rendered, would not terminate the uncertainty or controversy giving21
rise to the proceeding.22
F. When a declaratory opinion is sought, the public servant, other person, or23
agency, as necessary and appropriate for the rendition of a declaratory opinion, who24
has or claims any interest which would be affected by the opinion shall be made a25
respondent and given notice of the request and of all public hearings conducted26
pursuant to the request.27 HLS 12RS-1057 REENGROSSED
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G. The procedures for seeking a declaratory opinion and for the public1
hearing on such request shall be provided by rule adopted by the Board of Ethics2
pursuant to the Administrative Procedure Act.3
* * *4
§1151. Administrative enforcement5
A. Enforcement as to current public employees. An agency head and any6
other public servant having the authority to appoint a person to a position of public7
service, regardless of whether or not such appointment requires the approval of the8
Senate or any other body, employee, or person, shall take such action as may be9
ordered by the board or panel a final decision of the Ethics Adjudicatory Board with10
respect to any public employee within his agency or any such appointee, upon a11
finding by the board or panel determination that such employee or appointee has12
violated any provision of law within the jurisdiction of the board Board of Ethics or13
any order, rule, or regulation promulgated thereunder. Such action may include the14
imposition of the conditions described in Subsection B of this Section.15
B. Enforcement as to former public servants and other persons. Upon a16
finding determination by the board or panel Ethics Adjudicatory Board or a court17
of competent jurisdiction, that a former public servant or other person has violated18
any provision of law within the jurisdiction of the board Board of Ethics or any19
order, rule, or regulation promulgated hereunder, the agency head or the board or20
panel Ethics Adjudicatory Board shall bar or impose reasonable conditions upon:21
(1) The appearance before such agency of such former public servant or22
other person.23
(2) The conduct of, or negotiation or competition for, business with such24
agency by such former public servant or other person, for such period of time as may25
be necessary or appropriate to effectuate the purposes of this Chapter.26
§1152. Rescission of action of a governmental entity27
A. Subject to the limitations hereinafter set forth in this Section, the board28
or panel Ethics Adjudicatory Board may cancel or rescind any contract of or permit29 HLS 12RS-1057 REENGROSSED
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or license issued by a governmental entity without liability to the governmental1
entity when:2
(1) The board or panel Ethics Adjudicatory Board has found that a violation3
of law within the jurisdiction of the board Board of Ethics has influenced the issuing4
of the permit or license or the making of such contract.5
(2) The board or panel Ethics Adjudicatory Board finds under all of the6
circumstances that the interests of the governmental entity so require; however, such7
rescission is to be limited so as to not adversely affect the interests of innocent third8
parties.9
B. The finding determination referred to in Subsection A of this Section shall10
be made in accordance with the procedures set forth in R.S. 42:1141 this Part and11
shall be subject to judicial review in accordance with the provisions of R.S. 42:1142,12
provided that the board or panel Ethics Adjudicatory Board may suspend the13
contract, permit, or license of the governmental entity subject to the limitations in14
Paragraph A (A)(2) of this Section pending the determination of the merits of the15
controversy.16
§1153. Penalties17
A. Upon finding a determination that any elected official or other person has18
violated any provision of any law within the jurisdiction of the board Board of Ethics19
except violations of the Campaign Finance Disclosure Act which shall be governed20
by Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the board by a21
majority vote of the membership, Ethics Adjudicatory Board may censure the elected22
official or person, or impose a fine of not more than ten thousand dollars, or both.23
B. Upon finding a determination that any public employee or other person24
has violated any provision of any law within the jurisdiction of the board Board of25
Ethics except violations of the Campaign Finance Disclosure Act which shall be26
governed by Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the27
board by a majority vote of the membership, Ethics Adjudicatory Board may28 HLS 12RS-1057 REENGROSSED
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remove, suspend, or order a reduction in pay, or demotion of the public employee or1
other person, or impose a fine of not more than ten thousand dollars, or both.2
§1154. Civil penalties for illegal payments3
When the results of a board an investigation conducted pursuant to R.S.4
42:1141 this Part indicates that a violation of R.S. 42:1117 has occurred, the board5
and after an adjudicatory hearing on the matter, the Ethics Adjudicatory Board may6
order the payment of a penalty by any person who violates R.S. 42:1117. The7
penalty shall be limited to an amount not in excess of ten thousand dollars. Any8
appeal of such order by the board final decision by the Ethics Adjudicatory Board9
shall be to the Court of Appeal, First Circuit, pursuant to R.S. 42:1142.10
§1155. Penalties for illegal gain; forfeiture of gifts, payments11
A. If an investigation conducted pursuant to R.S. 42:1141 this Part reveals12
that any public servant or other person has violated any law within the jurisdiction13
of the board Board of Ethics to his economic advantage, the board and after an14
adjudicatory hearing on the matter, the Ethics Adjudicatory Board may order the15
payment of penalties. Recovery may include, in addition to an amount equal to such16
economic advantage, penalties not to exceed one half of the amount of the economic17
advantage. Any appeal of such order final decision by the Ethics Adjudicatory18
Board shall be to the Court of Appeal, First Circuit, pursuant to R.S. 42:1142.19
B. The board Ethics Adjudicatory Board is authorized to order the forfeiture20
of any gifts or payments made in violation of this Chapter.21
§1156. Finding of possible criminal violation22
Upon finding at a public hearing that there is probable cause to believe that23
any public servant or other person has violated any criminal law of this state, the24
board or panel Board of Ethics or the Ethics Adjudicatory Board shall forward a25
copy of its findings to the district attorney of the parish in which the violation26
occurred, for appropriate action. Thereafter, notwithstanding any other provision of27
this Chapter, such district attorney shall have access to all records of the board28
relative to such charges.29 HLS 12RS-1057 REENGROSSED
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§1157. Late filing fees1
A.(1)(a) The staff of the board Board of Ethics may automatically assess and2
issue a final order for the payment of late filing fees, in accordance with rules3
adopted by the board Board of Ethics, for any failure to timely file any report or4
statement due under any law under its jurisdiction as provided in R.S. 42:1132(C),5
R.S. 24:50 et seq., R.S. 49:71 et seq., or R.S. 33:9661 et seq. A final order issued6
pursuant to this Subparagraph shall be appealable to the Ethics Adjudicatory Board7
for an adjudicatory hearing conducted in accordance with R.S. 42:1141.5.8
(b) The Board of Ethics may waive all or any part of late filing fees assessed9
pursuant to Subparagraph (a) of this Paragraph. Any request for waiver of late filing10
fees assessed in a final order of the staff of the Board of Ethics shall be made to the11
Board of Ethics, which shall promulgate rules governing the procedure to request a12
waiver as well as to provide for waiver for "good cause" shown. "Good cause" shall13
be defined as any action or circumstance which, in the considered judgment of the14
Board of Ethics, were not within the control of the late filer and which were the15
direct cause of the late filing or any applicable provision in R.S. 18:1511.5(B). The16
final disposition of the Board of Ethics on a request for waiver shall not be17
appealable to the Ethics Adjudicatory Board.18
(c) The board Board of Ethics shall promulgate rules to facilitate the carrying19
out of the provisions of this Chapter regarding order for, and payment of, and waiver20
of late filing fees. Any appeal of such order for the payment of late fees shall be to21
the board, which shall promulgate rules governing the procedure for appeals of late22
filing fees.23
(2) The late filing fees for election campaign finance reports shall be as24
provided in R.S. 18:1505.4.25
(3) (2) The late filing fees for any lobbyist required to register and file26
reports under the provisions of R.S. 24:50 et seq., shall be as provided in R.S.27
24:58(D). The late filing fees for any lobbyist required to register and file reports28
under the provisions of R.S. 49:71 et seq., shall be as provided in R.S. 49:78(D);29 HLS 12RS-1057 REENGROSSED
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however, the late filing fees applicable to a lobbyist for a lobbyist expenditure report1
filed pursuant to R.S. 24:55(G) or R.S. 49:76(G) which contains all of the2
information required by Part IV of Chapter 1 of Title 49 of the Louisiana Revised3
Statutes of 1950 and all of the information required by Part III of Chapter 1 of Title4
24 of the Louisiana Revised Statutes of 1950 shall be fifty dollars per day. The late5
filing fees for any lobbyist required to register and file reports under the provisions6
of R.S. 33:9661 et seq., shall be as provided in R.S. 33:9668(D).7
(4)(a)(i) (3)(a)(i) The late filing fees for any violation of R.S. 42:1114 shall8
be as provided in R.S. 42:1124.1(A).9
(ii) The late penalties for any violation of R.S. 42:1124, 1124.2, 1124.2.1,10
or 1124.3 shall be as provided in R.S. 42:1124.4.11
(b) The late filing fees for any violation of R.S. 42:1114.2 shall be as12
provided in R.S. 42:1114.2(G).13
(5) (4) Any late filing fees assessed by the board Board of Ethics or the its14
staff of the board, for any failure to timely file any report or statement due, shall not15
exceed the following:16
(a) If the fee is forty dollars per day, the maximum shall be one thousand17
dollars.18
(b) If the fee is fifty dollars per day, the maximum shall be one thousand five19
hundred dollars.20
(c) If the fee is sixty dollars per day, the maximum shall be two thousand21
dollars.22
(d) If the fee is one hundred dollars per day, the maximum shall be two23
thousand five hundred dollars.24
(e) If the fee is two hundred dollars per day, the maximum shall be three25
thousand dollars.26
B. The staff of the board Board of Ethics shall mail by certified mail a notice27
of delinquency within four days after the due date of which the staff knows or has28 HLS 12RS-1057 REENGROSSED
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reason to know, for any report or statement due under the laws within its jurisdiction1
which has not been timely filed.2
C. All funds collected by the staff of the board Board of Ethics as provided3
in Subsection A of this Section shall be deposited upon receipt in the state treasury.4
Section 2. R.S. 42:1141(C)(4), (5), (6), (7), and (8), (D), (E), and (F), 1141.1, and5
1157.2 are hereby repealed in their entirety.6
Section 3. The provisions of this Act shall have prospective application only and the7
provisions of R.S. 42:1141(C)(3)(c) as amended by this Act shall apply only to matters8
initiated by sworn complaint received or, if no sworn complaint was received, vote by the9
Board of Ethics, on or after the effective date of this Act.10
Section 4. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
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 HLS 12RS-1057 REENGROSSED
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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. Provides that the prescriptive period may be suspended, interrupted, or
renounced. Provides that the prescriptive period shall be suspended by the following:
(1)The subject of the investigation or complaint files any pleading or proceeding in a
state or federal court or with the EAB related to the matter under investigation.
(2)The subject of the investigation or complaint provides false, fraudulent, or
misleading information related to or in connection with the investigation of the BOE.
(3)The subject of the investigation or complaint fails 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 the subject of the investigation or complaint may consent in
writing to the suspension of the prescriptive period. Provides that determinations concerning
the prescriptive period shall be made by the EAB.
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 BOE 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 EAB 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.
Proposed law provides that it shall have prospective application only and that the provisions
of R.S. 42:1141(C)(3)(c) as amended by proposed law shall apply only to matters initiated
by sworn complaint received or, if no sworn complaint was received, vote by the Board of
Ethics, on or after the effective date of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1132(A), (B)(intro. para.), (C), and (D), 1134(A)(1) and (K), 1135,
1141(A), (B)(1)(a), (C)(1), (2), and (3)(c) and (d), and 1151-1157; Adds R.S. 42:1141(B)(3)
and (C)(3)(e) and (f) and 1141.2-1141.6; Repeals R.S. 42:1141(C)(4), (5), (6), (7), and (8),
(D), (E), and (F), 1141.1, and 1157.2) HLS 12RS-1057 REENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Specifies that the one-year prescriptive period for the Board of Ethics to issue
charges may be suspended, interrupted, or renounced.
2. Provides that the person who is the subject of the investigation or complaint may
consent in writing to suspend the prescriptive period.
3. In provisions of proposed law providing that the prescriptive period is suspended
upon the filing of an action in court or with the Ethics Adjudicatory Board,
removes requirement that such action be filed with intent to delay or impede the
investigation and specifies that the action must be related to the matter under
investigation.
4. In provisions of proposed law providing that the prescriptive period is suspended
upon providing false, fraudulent, or misleading information with the Board of
Ethics, removes requirement that provision of such information be intentional.
5. Specifies that all determinations concerning the prescriptive period, not
suspensions only, shall be made by the Ethics Adjudicatory Board.
6. Makes various technical changes to present law and proposed law.
House Floor Amendments to the engrossed bill.
1. Specifies that provisions of proposed law shall have prospective application only
and that the provisions of R.S. 42:1141(C)(3)(c) as amended by proposed law
shall apply only to matters initiated on or after the effective date of proposed law.