Louisiana 2025 Regular Session

Louisiana House Bill HB160 Latest Draft

Bill / Introduced Version

                            HLS 25RS-508	ORIGINAL
2025 Regular Session
HOUSE BILL NO. 160
BY REPRESENTATIVE DICKERSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ETHICS:  Provides relative to ethics complaints
1	AN ACT
2To amend and reenact R.S. 42:1141(B)(1) and to enact R.S. 42:1153(C), relative to
3 enforcement of laws within the jurisdiction of the Board of Ethics; to provide relative
4 to ethics complaints; to provide for the investigative powers of the Board of Ethics;
5 to provide for the procedure for making complaints; to provide for penalties; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 42:1141(B)(1) is hereby amended and reenacted and R.S. 42:1153(C)
9is hereby enacted to read as follows:
10 §1141.  Complaints and investigations
11	*          *          *
12	B.(1)(a)  The Board of Ethics shall consider any signed sworn complaint
13 from any elector, hereinafter referred to as complainant, concerning a violation of
14 this Chapter which is within its jurisdiction or the regulations or orders issued by the
15 Board of Ethics, or may, by a two-thirds majority vote of its membership, consider
16 any non-sworn complaint concerning a matter which it has reason to believe may be
17 a violation of this Chapter.  Additionally, the board may consider any matter which
18 it has reason to believe may be a violation of any other provision of law within its
19 jurisdiction as provided in this Subsection or as may be otherwise provided by law. 
20 A certified copy of the vote; a detailed explanation of the matter, including the
21 specific factual allegations upon which the board based its decision to investigate;
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-508	ORIGINAL
HB NO. 160
1 and a copy of any complaint received by the board, from which the name of the
2 complainant has been redacted, shall be sent by certified mail to the accused and the
3 complainant within ten days after the vote occurs or after receipt of a signed sworn
4 complaint.  The chairman of the Board of Ethics may assign a matter to the
5 appropriate panel for investigation, in which case the panel shall conduct a private
6 investigation to elicit evidence upon which the panel shall determine whether to
7 recommend to the board that a public hearing be conducted or that a violation has not
8 occurred.
9	(b)  Any sworn or non-sworn complaint shall be made in writing and shall
10 contain the full name of the complainant.  The complainant shall file a complaint in
11 person with the Board of Ethics at the offices of the ethics administration.  When
12 filing a complaint, the complainant shall present a valid driver's license, passport, or
13 other government-issued identification.
14	(c)  The board shall provide a person who has filed a non-sworn complaint
15 with only a notification stating the final disposition of the complaint.
16	*          *          *
17 §1153.  Penalties
18	*          *          *
19	C.  Attorney fees shall be assessed against a complainant who knowingly and
20 willfully files a false ethics complaint pursuant to R.S. 42:1141(B).
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 160 Original 2025 Regular Session	Dickerson
Abstract:  Provides relative to ethics complaints, investigative powers of the Board of
Ethics, and penalties for making a false ethics complaint.
Present law (R.S. 42:1141(B)) provides that the Board of Ethics (Board) shall consider any
sworn complaint concerning a violation of present law (Code of Governmental Ethics). 
Proposed law retains present law.
Present law provides that after a two-thirds majority vote of its membership, the Board may
consider any matter which it believes to be a violation of the Code of Governmental Ethics. 
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HB NO. 160
Proposed law specifies that the matter must be in a non-sworn complaint for the board to
vote to consider it.
Present law provides that the Board may consider any matter that it reasonably believes is
in violation of any other provision of law within its jurisdiction as provided in present law
or as otherwise provided by law.
Proposed law provides instead that the Board may consider any matter as may be otherwise
provided by law.
Present law additionally requires the Board to send by certified mail a copy of the complaint,
the vote, and the factual allegations upon which the Board based its decision to investigate
to both the accused and the complainant.  Provides that the name of the complainant be
redacted.
Proposed law provides instead that the name of the complainant not be redacted when the
copy of the complaint is sent to the accused.  Otherwise retains present law.
Present law provides that the Board may use panels to conduct investigations and hearings
concerning alleged violations of laws within its jurisdiction.  Proposed law retains present
law.
Present law provides that the Board provide only a notification stating the final disposition
of the complaint to the complainant that has filed a non-sworn complaint.  Proposed law
retains present law.
Proposed law  provides that a complaint shall be made in writing and contain the full name
of the complainant.  Requires the complainant to file the complaint in person with the Board
at the offices of the ethics administration.  Requires the complainant to provide a valid
driver's license, passport, or other government-issued identification.
Present law (R.S. 42:1153) provides penalties for violations of any provision of law that is
within the jurisdiction of the Board.
Proposed law retains present law and additionally provides that attorney fees shall be
assessed against a complainant who knowingly and willfully files a false ethics complaint.
(Amends R.S. 42:1141(B)(1); Adds R.S. 42:1153(C))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.