HLS 20RS-174 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 141
BY REPRESENTATIVE BEAULLIEU
PUBLIC OFFICIALS: Prohibits public officials and employees from requiring that
payments to an official or public entity be made payable to a person by name
1 AN ACT
2To enact R.S. 42:1462, relative to payments made to public officials and agencies; to
3 prohibit a requirement that payments be made payable to a named person; to provide
4 for criminal penalties; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 42:1462 is hereby enacted to read as follows:
7 ยง1462. Payments to public officials and entities
8 A. No official, whether elected or appointed and whether compensated or
9 not, and no employee of a public entity as defined by R.S. 42:1461 shall require that
10 any form of payment to the official in his official capacity or to the entity be made
11 payable to a person by name or to a payee that includes a person's name however
12 styled.
13 B. Any person who violates this Section shall be deemed to have committed
14 the crime of malfeasance in office and is subject to penalties provided by R.S.
15 14:134.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-174 ORIGINAL
HB NO. 141
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)]
HB 141 Original 2020 Regular Session Beaullieu
Abstract: Prohibits public officials and employees from requiring that payments to an
official or public entity be made payable to a person by name.
Proposed law prohibits a public official or employee of a public entity from requiring that
payments to the official or entity be made payable to a person by name.
Proposed law is applicable to an official, whether elected or appointed and whether
compensated or not, and employees of any department, division, office, board, agency,
commission, or other organizational unit of any of the three branches of state government
or of any parish, municipality, school board, or district, court of limited jurisdiction, or other
political subdivision or district, or the office of any sheriff, district attorney, coroner, or clerk
of court.
Proposed law provides that a person who violates proposed law has committed the crime of
malfeasance in office and is subject to penalties provided by present law for that crime.
Present law provides that a person who commits malfeasance in office:
(1)Shall be imprisoned for not more than five years with or without hard labor or shall
be fined not more than $5000, or both.
(2)May be ordered to pay restitution to the state if the state suffered a loss as a result of
the offense; provides that restitution includes payment of legal interest.
(3)If the person is a P.O.S.T. certified peace officer, the P.O.S.T certification shall be
immediately revoked.
(Adds R.S. 42:1462)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.