Louisiana House Bill HB9

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12
• Refer: 4/23/12
• Refer: 4/24/12
• Report Pass: 5/1/12
• Engrossed: 5/8/12
• Refer: 5/9/12
• Report Pass: 5/21/12
• Enrolled: 5/24/12
• Chaptered: 6/15/12
• Passed: 6/15/12

Caption

(Constitutional Amendment) Authorizes the legislature to provide for forfeiture of retirement benefits by public officials and employees who are convicted of felony acts associated with their positions (EN NO IMPACT APV)

Impact

The proposed bill is expected to enhance accountability among public officials by establishing a clear consequence for felony convictions. By allowing the forfeiture of retirement benefits, the bill aims to protect public funds from being allocated to individuals who have committed serious offenses while serving in office. This change could result in a considerable shift in how retirement benefits are perceived and managed within the public service sector, potentially deterring misconduct among officials due to the financial implications of such actions.

Summary

House Bill 9 is a proposed constitutional amendment aimed at allowing the legislature to forfeit the retirement benefits of public officials and employees who are convicted of felony acts related to their positions. The bill stipulates that the receipt of any retirement benefit will be conditioned upon the individual’s honorable service. If enacted, it would permit the forfeiture of all or part of retirement benefits for individuals convicted of felonies committed during their public service. This amendment would specifically affect those employed in or elected to public office on or after January 1, 2013, regarding benefits earned from that date onward.

Sentiment

General sentiment around HB 9 appears to support the idea of holding public officials accountable for their actions while in service. Advocates argue that it reinforces the expectation of integrity and honorable conduct among those in positions of power. However, there may be concerns regarding fairness and the ability to retroactively apply such measures to officials who may have acted innocently under different legal standards or interpretations prior to their conviction.

Contention

One notable point of contention could be how the bill defines 'honorable service' and the process of determining what constitutes a felony associated with public service. This could lead to discussions about the basis for forfeiture decisions and the potential impact on individuals who may be wrongfully convicted. Furthermore, there may be concerns regarding the fiscal implications for retirement systems, as the legislation enables the allocation of forfeited benefits to address unfunded liabilities within retirement systems, raising questions about fairness and financial management.