Louisiana House Bill HB10

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12
• Report Pass: 4/23/12
• Engrossed: 5/9/12
• Refer: 5/10/12
• Report Pass: 5/21/12
• Enrolled: 6/1/12
• Chaptered: 6/5/12
• Passed: 6/5/12

Caption

Requires forfeiture of retirement benefits by any public employee or elected official who is a member of a public retirement system and is convicted of certain state or federal felony acts associated with his office (EN +$43,597 FC SG EX)

Impact

The legislation has significant implications for state laws regarding public retirement systems. It mandates that public retirement systems must develop mechanisms to implement the forfeiture of benefits when public servants are convicted of relevant felonies. This change aims to provide a disincentive for engaging in corrupt practices and ensures that public funds are not misappropriated through continued benefits to individuals who violate the law while in office.

Summary

House Bill 10 aims to amend the Louisiana Revised Statutes to enforce the forfeiture of retirement benefits for public employees and elected officials convicted of certain felony acts associated with their office. The bill specifically targets those convicted of public corruption crimes, ensuring that those found guilty do not continue to benefit from the retirement system they were part of while serving. This act reflects a strong legislative intent to enhance accountability among public servants and reduce opportunities for corruption within state institutions.

Sentiment

Generally, the sentiment around HB 10 appears to be supportive, especially among legislators advocating for transparency and accountability in government. Proponents argue that enforcing such forfeitures helps to restore public trust in state institutions by ensuring that those who commit egregious wrongdoing do not receive financial rewards from the taxpayer-funded retirement system. However, there may be some concerns regarding fairness and the potential impact on families of public servants, particularly if the legislation leads to undue hardship for dependents who may lose survivor benefits as a consequence.

Contention

Notable points of contention include the definitions of 'public corruption crimes' and who it affects. Critics may argue that the language surrounding which offenses qualify for forfeiture could be too broad or vague, potentially leading to unintended consequences for individuals who are wrongfully accused or who may not have intended to commit a crime. Additionally, there may be discussions on how this bill could change the dynamics of retiree benefits and the rights of spouses and dependents of those convicted. This raises questions about the balance between punishing wrongdoing and ensuring fair treatment of accused individuals.