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ACT No. 608
Regular Session, 2012
HOUSE BILL NO. 950
BY REPRESENTATIVE TIM BURNS
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
B. Membership; terms; vacancies; qualifications. (1) The board Board of19
Ethics shall consist of eleven members to be selected as follows:20
* * *21
C. Jurisdiction. The board Board of Ethics shall administer and enforce the22
provisions of this Chapter and the rules, regulations, and orders issued hereunder23
with respect to public employees and elected officials, including final decisions of24 ENROLLEDHB NO. 950
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the Ethics Adjudicatory Board. In addition, the board Board of Ethics, functioning1
as the Supervisory Committee on Campaign Finance Disclosure, shall administer and2
enforce the provisions of Chapter 11 of Title 18 of the Louisiana Revised Statutes3
of 1950, and the rules, regulations, and orders issued thereunder. In addition, the4
board Board of Ethics shall administer the provisions of Part IV of Chapter 2 of Title5
18 of the Louisiana Revised Statutes of 1950, relative to elections integrity.6
D. Additional Jurisdiction. The board Board of Ethics shall administer and7
enforce the provisions of R.S. 27:63, 96, 226, 261, and 316, and 373, Part III of8
Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950, Part IV of Chapter9
1 of Title 49 of the Louisiana Revised Statutes of 1950, Chapter 46 of Title 33 of the10
Louisiana Revised Statutes of 1950, and R.S. 47:9072.11
* * *12
§1134. Powers, duties, and responsibilities of the board13
A.(1) The board Board of Ethics may adopt, amend, repeal, and enforce rules14
and regulations in the manner provided by the Administrative Procedure Act to carry15
out the provisions and purposes of this Chapter and any other law within its16
jurisdiction.17
* * *18
K. The board shall do and perform such other acts, duties, and functions as19
are provided elsewhere in this Chapter as it shall deem appropriate in connection20
with the provisions of this Chapter within its jurisdiction, except those duties and21
functions of the Ethics Adjudicatory Board.22
* * *23
§1135. Enforcement of regulation, decision, or order of the board Board of Ethics24
Any The Board of Ethics shall have the right to enforce any valid regulation,25
final decision, or final order of the board shall be enforceable Board of Ethics or the26
Ethics Adjudicatory Board in any court of competent jurisdiction in this state by a27
mandamus or injunction suit brought for that purpose. The district court for the28
parish wherein the board Board of Ethics is domiciled shall have authority to convert29 ENROLLEDHB NO. 950
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a valid final decision or final order of the board into a court order, upon receipt from1
the board Board of Ethics of a rule to show cause for that purpose.2
§1141. Procedure; adjudicatory board Complaints and investigations3
A. Panels. (1) The board Board of Ethics members shall may sit en banc and4
or in panels in such order and at such times as the board directs.5
(2) The board shall Board of Ethics may authorize the hearing and6
determination of matters by separate panels, each consisting of not less than three7
members. Such panels shall sit at the times and places to hear matters assigned as8
the chairman directs. Such hearings shall be public except those provided for in9
Subsection C of this Section. All determinations of a panel shall be by a majority10
vote. However, if a panel consists of three members, all determinations of the panel11
shall require a unanimous vote of the members of the panel. Each panel shall be12
vested with specific subject matter jurisdiction. The board Board of Ethics may13
determine by rule a procedure to rotate members among different subject matter14
panels to encourage the participation of each member of the board in, and the15
knowledge of each member of the board of, matters concerning the different16
provisions of law under the jurisdiction of the board.17
(3) Matters shall be heard and determined by the board or panel of not less18
than three members, unless a hearing before the board en banc is ordered by a19
majority of the members of the board. The presence of the three members of the20
panel shall be required to conduct the business of the panel.21
(4) Notwithstanding any other provision of this Chapter, the presence of nine22
members shall be required to conduct the business of the board Board of Ethics23
sitting en banc.24
(5) (4) The board Board of Ethics shall promulgate procedural and25
jurisdictional rules relative to the establishment of the several panels. The rules shall26
specify procedures wherein the chairman may refer matters to the appropriate panel27
with proper subject matter jurisdiction.28
(6) (5) The board, Board of Ethics by a majority vote of its membership, may29
review any opinion, decision, finding, or ruling of any panel.30 ENROLLEDHB NO. 950
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B. Complaints. (1)(a) The board Board of Ethics shall consider any signed1
sworn complaint from any elector, hereinafter referred to as complainant, concerning2
a violation of this Chapter which is within its jurisdiction or the regulations or orders3
issued by the board Board of Ethics, or may, by a two-thirds majority vote of its4
membership, consider any matter which it has reason to believe may be a violation5
of this Chapter. Additionally, the board may consider any matter which it has reason6
to believe may be a violation of any other provision of law within its jurisdiction as7
provided in this Subsection or as may be otherwise provided by law. A certified8
copy of the vote; a detailed explanation of the matter, including the specific factual9
allegations upon which the board based its decision to investigate; and a copy of any10
complaint received by the board, from which the name of the complainant has been11
redacted, shall be sent by certified mail to the accused and the complainant within12
ten days after the vote occurs or after receipt of a signed sworn complaint. The13
chairman of the board shall Board of Ethics may assign each such a matter to the14
appropriate panel for investigation, in which case the panel shall conduct a private15
investigation to elicit evidence upon which the panel shall determine whether to16
recommend to the board that a public hearing be conducted or that a violation has not17
occurred.18
* * *19
(3) Any person who, with knowledge of its falsity, makes a false complaint20
shall be subject to the penalties set forth in R.S. 42:1153.21
C. Investigation and hearing. (1) Upon receiving a sworn complaint or22
voting to consider a matter as provided in Subsection B of this Section, a private23
investigation shall be conducted to elicit evidence upon which the panel as provided24
in this Section Board of Ethics shall determine whether to recommend to the board25
that a public hearing should be conducted or that a violation has not occurred. The26
accused and the complainant shall be given written notification of the27
commencement of the investigation not less than ten days prior to the date set for the28
commencement of the investigation. All determinations in this Subsection shall be29
by a majority vote of the panel. However, in cases where the panel consists of three30 ENROLLEDHB NO. 950
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members, all determinations of such a panel shall require a unanimous vote of the1
members of the panel.2
(2) After the investigation has been completed, the board Board of Ethics3
shall determine whether a public hearing should be conducted to receive evidence4
and to determine whether any violation of any provision of law within its jurisdiction5
has occurred. If a violation has not occurred, the defendant and the complainant6
shall be notified within ten days of the ruling.7
(3)8
* * *9
(c) If the board Board of Ethics does not issue charges within one year from10
the date upon which a sworn complaint is received or, if no sworn complaint was11
received, within one year from the date the board voted to consider the matter, the12
matter shall be dismissed. The one-year period shall be prescriptive. The13
prescriptive period may be suspended, interrupted, or renounced. The prescriptive14
period shall be suspended by any of the following:15
(i) The person who is the subject of the investigation or complaint files any16
pleading or proceeding in a state or federal court or with the Ethics Adjudicatory17
Board related to the matter under investigation that has the effect of delaying or18
impeding the proceeding.19
(ii) The person who is the subject of the investigation or complaint fails to20
comply with a subpoena or other request from the Board of Ethics for information21
related to or in connection with the investigation of the Board of Ethics.22
(d) The person who is the subject of the investigation or complaint may23
consent in writing to the suspension of the prescriptive period.24
(e) Determinations concerning the prescriptive period provided for in25
Subparagraph (c) of this Paragraph shall be made by the Ethics Adjudicatory Board.26
(d) The board (f) The Board of Ethics shall consider offering a consent27
opinion to each person who is the subject of an investigation.28 ENROLLEDHB NO. 950
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§1141.2. Ethics Adjudicatory Board1
A. The director of the division of administrative law shall, at a public2
meeting of the Board of Ethics in December of the year preceding the year in which3
the terms are to begin, randomly select seven administrative law judges from among4
those who meet the qualifications to comprise the Ethics Adjudicatory Board. The5
last selected judge shall serve as the alternate. Members of the adjudicatory board6
shall have not less than two years of experience as an administrative law judge or not7
less than ten years experience in the practice of law.8
B.(1) The members shall each serve a three-year term, which term shall9
begin on January first. There shall be no limitation on the number of times a10
qualified member may be selected to serve.11
(2) A vacancy on either three-judge panel shall be filled by the alternate12
judge.13
(3) A vacancy on the Ethics Adjudicatory Board shall be filled for the14
unexpired term at the next public meeting of the Board of Ethics and in the same15
manner as for the original selection. The last selected judge shall serve as the16
alternate.17
C. Members of the Ethics Adjudicatory Board shall be subject to the same18
financial disclosure requirements as are provided by law for members of the Board19
of Ethics. Such members shall also be subject to the same limitations regarding20
contracting as are applicable to the members of the Board of Ethics as provided by21
law.22
D. If an administrative law judge who is a member of the Ethics23
Adjudicatory Board begins work on a matter prior to the end of his term, he shall not24
be prohibited from completing work on the matter following the end of his term. He25
shall be considered a member of the Ethics Adjudicatory Board until such work is26
complete, and such status shall not affect the selection of members for the Ethics27
Adjudicatory Board.28 ENROLLEDHB NO. 950
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E. Any member of the Ethics Adjudicatory Board who has a personal interest1
in or who becomes the subject of a hearing pursuant to this Part shall recuse himself2
from participation in such hearing.3
§1141.3. Location of hearings4
The Board of Ethics, a panel thereof, or the Ethics Adjudicatory Board may5
conduct any hearing provided in this Chapter in the parish wherein the public servant6
or person alleged to have violated any provision of law within the jurisdiction of the7
Board of Ethics resides, or in the parish of the official domicile of any office or8
employment held by the person who is the subject of the investigation or complaint,9
or in the parish of domicile of the Board of Ethics or the Ethics Adjudicatory Board.10
§1141.4. Notice and procedure11
A.(1) Any public servant or other person who is to be the subject of a public12
or private hearing and the complainant shall be given written notification of the13
pending charges and of the time and place such hearing is to be held. Such14
notification shall not be less than sixty days prior to the date set for the hearing.15
Upon the request of a public servant or other person charged, the hearing may be16
held sooner.17
(2) The Ethics Adjudicatory Board shall give public notice of its hearings18
that are conducted pursuant to R.S. 42:1141.5.19
B.(1) For purposes of an investigation or a hearing, the Board of Ethics, any20
panel thereof, or its staff, or the Ethics Adjudicatory Board, or any panel thereof,21
may administer oaths and affirmations, subpoena witnesses, compel their attendance,22
take evidence, and require the production of any records which a board or panel23
deems relevant or material to the investigation or hearing. Such attendance of24
witnesses and the production of any such records may be required at any place25
designated by a board or panel at no cost to the public servant or other person26
charged as permitted by the rules of the board requiring such attendance or27
production or the board of the panel requiring such attendance or production.28 ENROLLEDHB NO. 950
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(2) The Board of Ethics and the Ethics Adjudicatory Board shall adopt rules1
providing for discovery consistent with Chapter 3 of Title III of Book II of the Code2
of Civil Procedure, to the extent and in the manner appropriate to its proceedings.3
C. In case of contumacy or refusal to obey a subpoena issued to any public4
servant or other person, any district court of this state within the jurisdiction of which5
the inquiry is carried on, or within which said public servant or other person is found,6
resides, or transacts business, upon application by the Board of Ethics or the Ethics7
Adjudicatory Board shall have jurisdiction to issue to such public servant or other8
person an order requiring him to appear before the board or its staff and to produce9
evidence, if so ordered, or to give testimony concerning the matter under10
consideration. Any failure to obey such order of the court may be deemed by the11
court as to be contempt of the court.12
D.(1) If any public employee willfully refuses or fails to appear before the13
Board of Ethics or the Ethics Adjudicatory Board or any court authorized to conduct14
any hearing or inquiry pertaining to the provisions of this Chapter, or having15
appeared refuses to testify or answer any question specifically, directly, and narrowly16
relating to the performance of his official duties on the ground that his testimony or17
answers would tend to incriminate him, or refuses to accept immunity from18
prosecution on account of any matter about which he may be asked to testify at any19
such hearing or inquiry, such action shall be grounds for dismissal or forfeiture of20
his office or position, and if dismissed, he shall not be eligible thereafter for21
employment by the governmental entity for a period of five years, unless such22
reemployment is authorized by a majority vote of the membership of the Board of23
Ethics.24
(2) If any elected official willfully refuses or fails to appear before the Board25
of Ethics or the Ethics Adjudicatory Board or any court authorized to conduct any26
hearing or inquiry pertaining to the provisions of this Chapter or having appeared27
refuses to testify or answer any question specifically, directly, and narrowly relating28
to the performance of his official duties on the ground that his testimony or answers29
would tend to incriminate him, or refuses to accept immunity from prosecution on30 ENROLLEDHB NO. 950
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account of any matter about which he may be asked to testify at such hearing or1
inquiry, such action shall be grounds for the imposition of penalties as provided in2
R.S. 42:1153.3
E. Any public servant or other person who is the subject of any hearing may4
have legal counsel, cross-examine witnesses, call witnesses, and present evidence in5
his own behalf. If a person receives an advisory opinion from the Board of Ethics6
and he acts based upon such advisory opinion, the advisory opinion shall be7
admissible as evidence at the hearing.8
F. Any public servant or other person who is the subject of any investigation9
shall be advised of his right to have an attorney present.10
G. Any witness may be accompanied by counsel at investigations or11
hearings, which counsel may advise the witness of his rights, subject to reasonable12
limitations to prevent obstruction of or interference with the orderly conduct of the13
investigation or hearing. His counsel may also submit proposed questions to be asked14
for his client.15
H. Any witness at any investigation or hearing, subject to rules and16
regulations promulgated by the Board of Ethics or Ethics Adjudicatory Board, shall17
be entitled to a copy of his testimony when it becomes important and relevant in a18
criminal proceeding or subsequent investigation or hearing, provided that the19
furnishing of such copy will not prejudice the public safety or security.20
I. In making any official determination of whether any provision of law21
within the jurisdiction of the Board of Ethics has been violated, the Ethics22
Adjudicatory Board may consider testimony pursuant to the Louisiana Code of23
Evidence.24
J. Any public servant or other person who is aggrieved by any action taken25
by a panel of the Board of Ethics may request a review of the panel's decision by the26
full Board of Ethics within thirty days of the panel's decision. The Board of Ethics27
shall determine whether or not to review the panel's action within thirty days of the28
request for review.29 ENROLLEDHB NO. 950
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K. The records of the Board of Ethics prepared or obtained in connection1
with investigations and private hearings conducted by the Board of Ethics, including2
all extracts of minutes and votes to take any matter under consideration in connection3
therewith, shall be deemed confidential and privileged, except that such records shall4
be available to each member of the Board of Ethics upon request. Except as5
provided in this Section and in R.S. 42:1111(E)(2)(c), all records, including the6
results and conclusions reached in connection with any investigation or hearing, shall7
be public.8
L.(1) It shall be a misdemeanor, punishable by a fine of not more than two9
thousand dollars or imprisonment for not more than one year, or both, for any10
member of the Board of Ethics, its executive secretary, other employee, or any other11
person, other than the person who is subject to the investigation or complaint, to12
make public the testimony taken at a private investigation or private hearing of the13
Board of Ethics or to make any public statement or give out any information14
concerning a private investigation or private hearing of the Board of Ethics without15
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. After29 ENROLLEDHB NO. 950
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the hearing, the presiding administrative law judge shall assign authorship1
responsibility for the determination.2
B. After the hearing, the adjudicatory panel shall determine whether a3
violation of any provision of law within the jurisdiction of the Board of Ethics has4
occurred. If the adjudicatory panel determines that a violation has occurred, it shall5
determine what authorized penalties or other sanctions, if any, should be imposed6
and shall issue a final decision.7
C. If the public hearing of the adjudicatory panel fails to disclose clear and8
convincing evidence to support the charges, the adjudicatory panel shall make an9
official determination of its findings and shall issue a final decision. The person10
charged and the complainant shall be notified in writing within ten days of the11
adjudicatory panel's rendition of a final decision. The person charged may require12
the adjudicatory panel to make an official determination of the validity of the charges13
against him.14
D. If the adjudicatory panel determines that a violation has occurred and15
prescribes authorized penalties or other sanctions, the public servant or person may16
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 such laws28
or opinions, is not limited or restricted to any proceeding where a declaratory opinion29
is sought in order to terminate a controversy or remove an uncertainty.30 ENROLLEDHB NO. 950
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C. The purpose of a declaratory opinion is to settle and afford relief from1
uncertainty and insecurity with respect to rights, status, and other legal relations2
established by the provisions of this Chapter or by any other law within the Board3
of Ethics' jurisdiction or under opinions issued by the board, or the construction of4
such laws and opinions.5
D. A declaratory opinion is a final decision of the Board of Ethics. The6
decision of the board on an application for a declaratory opinion shall be rendered7
after a public hearing and only after the requesting party, all other interested parties,8
and the board's staff have been afforded full and complete opportunity to present9
evidence, testimony, and argument. A declaratory opinion of the board shall be10
considered a final decision and shall be reviewable by the Court of Appeal, First11
Circuit, pursuant to R.S. 42:1142.12
E. The Board of Ethics may refuse to render a declaratory opinion where13
such opinion, if rendered, would not terminate the uncertainty or controversy giving14
rise to the proceeding.15
F. When a declaratory opinion is sought, the public servant, other person, or16
agency, as necessary and appropriate for the rendition of a declaratory opinion, who17
has or claims any interest which would be affected by the opinion shall be made a18
respondent and given notice of the request and of all public hearings conducted19
pursuant to the request.20
G. The procedures for seeking a declaratory opinion and for the public21
hearing on such request shall be provided by rule adopted by the Board of Ethics22
pursuant to the Administrative Procedure Act.23
* * *24
§1151. Administrative enforcement25
A. Enforcement as to current public employees. An agency head and any26
other public servant having the authority to appoint a person to a position of public27
service, regardless of whether or not such appointment requires the approval of the28
Senate or any other body, employee, or person, shall take such action as may be29
ordered by the board or panel a final decision of the Ethics Adjudicatory Board with30 ENROLLEDHB NO. 950
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respect to any public employee within his agency or any such appointee, upon a1
finding by the board or panel determination that such employee or appointee has2
violated any provision of law within the jurisdiction of the board Board of Ethics or3
any order, rule, or regulation promulgated thereunder. Such action may include the4
imposition of the conditions described in Subsection B of this Section.5
B. Enforcement as to former public servants and other persons. Upon a6
finding determination by the board or panel Ethics Adjudicatory Board or a court7
of competent jurisdiction, that a former public servant or other person has violated8
any provision of law within the jurisdiction of the board Board of Ethics or any9
order, rule, or regulation promulgated hereunder, the agency head or the board or10
panel Ethics Adjudicatory Board shall bar or impose reasonable conditions upon:11
(1) The appearance before such agency of such former public servant or12
other person.13
(2) The conduct of, or negotiation or competition for, business with such14
agency by such former public servant or other person, for such period of time as may15
be necessary or appropriate to effectuate the purposes of this Chapter.16
§1152. Rescission of action of a governmental entity17
A. Subject to the limitations hereinafter set forth in this Section, the board18
or panel Ethics Adjudicatory Board may cancel or rescind any contract of or permit19
or license issued by a governmental entity without liability to the governmental20
entity when:21
(1) The board or panel Ethics Adjudicatory Board has found that a violation22
of law within the jurisdiction of the board Board of Ethics has influenced the issuing23
of the permit or license or the making of such contract.24
(2) The board or panel Ethics Adjudicatory Board finds under all of the25
circumstances that the interests of the governmental entity so require; however, such26
rescission is to be limited so as to not adversely affect the interests of innocent third27
parties.28
B. The finding determination referred to in Subsection A of this Section shall29
be made in accordance with the procedures set forth in R.S. 42:1141 this Part and30 ENROLLEDHB NO. 950
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shall be subject to judicial review in accordance with the provisions of R.S. 42:1142,1
provided that the board or panel Ethics Adjudicatory Board may suspend the2
contract, permit, or license of the governmental entity subject to the limitations in3
Paragraph A (A)(2) of this Section pending the determination of the merits of the4
controversy.5
§1153. Penalties6
A. Upon finding a determination that any elected official or other person has7
violated any provision of any law within the jurisdiction of the board Board of Ethics8
except violations of the Campaign Finance Disclosure Act which shall be governed9
by Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the board by a10
majority vote of the membership, Ethics Adjudicatory Board may censure the elected11
official or person, or impose a fine of not more than ten thousand dollars, or both.12
B. Upon finding a determination that any public employee or other person13
has violated any provision of any law within the jurisdiction of the board Board of14
Ethics except violations of the Campaign Finance Disclosure Act which shall be15
governed by Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the16
board by a majority vote of the membership, Ethics Adjudicatory Board may17
remove, suspend, or order a reduction in pay, or demotion of the public employee or18
other person, or impose a fine of not more than ten thousand dollars, or both.19
§1154. Civil penalties for illegal payments20
When the results of a board an investigation conducted pursuant to R.S.21
42:1141 this Part indicates that a violation of R.S. 42:1117 has occurred, the board22
and after an adjudicatory hearing on the matter, the Ethics Adjudicatory Board may23
order the payment of a penalty by any person who violates R.S. 42:1117. The24
penalty shall be limited to an amount not in excess of ten thousand dollars. Any25
appeal of such order by the board final decision by the Ethics Adjudicatory Board26
shall be to the Court of Appeal, First Circuit, pursuant to R.S. 42:1142.27
§1155. Penalties for illegal gain; forfeiture of gifts, payments28
A. If an investigation conducted pursuant to R.S. 42:1141 this Part reveals29
that any public servant or other person has violated any law within the jurisdiction30 ENROLLEDHB NO. 950
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of the board Board of Ethics to his economic advantage, the board and after an1
adjudicatory hearing on the matter, the Ethics Adjudicatory Board may order the2
payment of penalties. Recovery may include, in addition to an amount equal to such3
economic advantage, penalties not to exceed one half of the amount of the economic4
advantage. Any appeal of such order final decision by the Ethics Adjudicatory5
Board shall be to the Court of Appeal, First Circuit, pursuant to R.S. 42:1142.6
B. The board Ethics Adjudicatory Board is authorized to order the forfeiture7
of any gifts or payments made in violation of this Chapter.8
§1156. Finding of possible criminal violation9
Upon finding at a public hearing that there is probable cause to believe that10
any public servant or other person has violated any criminal law of this state, the11
board or panel Board of Ethics or the Ethics Adjudicatory Board shall forward a12
copy of its findings to the district attorney of the parish in which the violation13
occurred, for appropriate action. Thereafter, notwithstanding any other provision of14
this Chapter, such district attorney shall have access to all records of the board15
relative to such charges.16
§1157. Late filing fees17
A.(1)(a) The staff of the board Board of Ethics may automatically assess and18
issue a final order for the payment of late filing fees, in accordance with rules19
adopted by the board Board of Ethics, for any failure to timely file any report or20
statement due under any law under its jurisdiction as provided in R.S. 42:1132(C),21
R.S. 24:50 et seq., R.S. 49:71 et seq., or R.S. 33:9661 et seq. A final order issued22
pursuant to this Subparagraph shall be appealable to the Ethics Adjudicatory Board23
for an adjudicatory hearing conducted in accordance with R.S. 42:1141.5.24
(b) The Board of Ethics may waive all or any part of late filing fees assessed25
pursuant to Subparagraph (a) of this Paragraph. Any request for waiver of late filing26
fees assessed in a final order of the staff of the Board of Ethics shall be made to the27
Board of Ethics, which shall promulgate rules governing the procedure to request a28
waiver as well as to provide for waiver for "good cause" shown. "Good cause" shall29
be defined as any action or circumstance which, in the considered judgment of the30 ENROLLEDHB NO. 950
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are additions.
Board of Ethics, were not within the control of the late filer and which were the1
direct cause of the late filing or any applicable provision in R.S. 18:1511.5(B). The2
final disposition of the Board of Ethics on a request for waiver shall not be3
appealable to the Ethics Adjudicatory Board.4
(c) The board Board of Ethics shall promulgate rules to facilitate the carrying5
out of the provisions of this Chapter regarding order for, and payment of, and waiver6
of late filing fees. Any appeal of such order for the payment of late fees shall be to7
the board, which shall promulgate rules governing the procedure for appeals of late8
filing fees.9
(2) The late filing fees for election campaign finance reports shall be as10
provided in R.S. 18:1505.4.11
(3) (2) The late filing fees for any lobbyist required to register and file12
reports under the provisions of R.S. 24:50 et seq., shall be as provided in R.S.13
24:58(D). The late filing fees for any lobbyist required to register and file reports14
under the provisions of R.S. 49:71 et seq., shall be as provided in R.S. 49:78(D);15
however, the late filing fees applicable to a lobbyist for a lobbyist expenditure report16
filed pursuant to R.S. 24:55(G) or R.S. 49:76(G) which contains all of the17
information required by Part IV of Chapter 1 of Title 49 of the Louisiana Revised18
Statutes of 1950 and all of the information required by Part III of Chapter 1 of Title19
24 of the Louisiana Revised Statutes of 1950 shall be fifty dollars per day. The late20
filing fees for any lobbyist required to register and file reports under the provisions21
of R.S. 33:9661 et seq., shall be as provided in R.S. 33:9668(D).22
(4)(a)(i) (3)(a)(i) The late filing fees for any violation of R.S. 42:1114 shall23
be as provided in R.S. 42:1124.1(A).24
(ii) The late penalties for any violation of R.S. 42:1124, 1124.2, 1124.2.1,25
or 1124.3 shall be as provided in R.S. 42:1124.4.26
(b) The late filing fees for any violation of R.S. 42:1114.2 shall be as27
provided in R.S. 42:1114.2(G).28 ENROLLEDHB NO. 950
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(5) (4) Any late filing fees assessed by the board Board of Ethics or the its1
staff of the board, for any failure to timely file any report or statement due, shall not2
exceed the following:3
(a) If the fee is forty dollars per day, the maximum shall be one thousand4
dollars.5
(b) If the fee is fifty dollars per day, the maximum shall be one thousand five6
hundred dollars.7
(c) If the fee is sixty dollars per day, the maximum shall be two thousand8
dollars.9
(d) If the fee is one hundred dollars per day, the maximum shall be two10
thousand five hundred dollars.11
(e) If the fee is two hundred dollars per day, the maximum shall be three12
thousand dollars.13
B. The staff of the board Board of Ethics shall mail by certified mail a notice14
of delinquency within four days after the due date of which the staff knows or has15
reason to know, for any report or statement due under the laws within its jurisdiction16
which has not been timely filed.17
C. All funds collected by the staff of the board Board of Ethics as provided18
in Subsection A of this Section shall be deposited upon receipt in the state treasury.19
Section 2. R.S. 42:1141(C)(4), (5), (6), (7), and (8), (D), (E), and (F), 1141.1, and20
1157.2 are hereby repealed in their entirety.21
Section 3. The provisions of this Act shall have prospective application only and the22
provisions of R.S. 42:1141(C)(3)(c) as amended by this Act shall apply only to matters23
initiated by sworn complaint received or, if no sworn complaint was received, vote by the24
Board of Ethics, on or after the effective date of this Act.25 ENROLLEDHB NO. 950
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Section 4. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: