La. Rev. Stat. § 42:451 — LA Code / Code revised-statutes / Title 42 / Section 451
Payroll Savings Plan Established
Status: in_force

There is established a plan to be known as the "payroll savings plan" by means of which state and parish employees may purchase United States series "EE" bonds from their monthly earnings through an approved payroll system. Under this plan the employees may authorize the department by which they are employed to deduct and withhold any part of their monthly earnings for the purchase of bonds in such denominations as they may determine; but no deduction shall be made from the earnings of any employee for the purchase of bonds unless the deduction is specifically and voluntarily authorized in writing by the employee.

Amended by Acts 1981, No. 642, §1.
La. Rev. Stat. § 42:1159 — LA Code / Code revised-statutes / Title 42 / Section 1159
Access; Internet; restrictions
Status: in_force

A. To enhance the public's ability to gather information easily regarding the conduct of elected officials, public employees, and other persons regulated by the board, the board shall maintain a website which allows the public to quickly and easily review disclosure reports filed with the board, agendas of board meetings, and opinions and decisions rendered by the board.

B. The board shall regularly review and update its website to improve access to its public information.

C. The board shall not reduce or impair in any manner the level of the public's access via the Internet to the information provided by the board on its website from the level of access that exists on June 5, 2003.

D. The board shall exclude from the website any material or information which is confidential as provided by law.

Acts 2003, No. 203, §1, eff. June 5, 2003.
La. Rev. Stat. § 42:1441.1 — LA Code / Code revised-statutes / Title 42 / Section 1441.1
Nonimposition of master-servant liability on state by Civil Code Article 2320 and other laws for torts of persons not designated state officials, officers, or employees by R.S. 13:5108.2
Status: in_force

Civil Code Article 2320 and other laws imposing liability on a master for the offenses and quasi offenses of his servant shall not extend or apply to and shall not impose liability on the state for the offenses and quasi offenses of any person who is not expressly specified by R.S. 13:5108.2(A) to be an official, officer, or employee of the state entitled to indemnification under R.S. 13:5108.2.

Acts 1985, No. 451, §1; Acts 1995, No. 828, §4, eff. Nov. 23, 1995.
La. Rev. Stat. § 42:374 — LA Code / Code revised-statutes / Title 42 / Section 374
Appointments by governor and senate; when nominations to be sent to senate
Status: in_force

In all cases when the law shall direct any appointment to be made by the governor and senate, within a limited time, a nomination for that appointment shall be laid before the senate at least six days before the expiration of the time for appointment.
La. Rev. Stat. § 42:266 — LA Code / Code revised-statutes / Title 42 / Section 266
Mailing of notices, documents or communications: registration or certification optional
Status: in_force

Whenever any officer or official of the state of Louisiana is required under any law of the state of Louisiana to mail any notice, document, communication, or any matter of any nature whatsoever by United States registered mail, such officer or official may, at his option, mail such notice, document, communication or other matter by United States certified mail.

Acts 1958, No. 375, §1.
La. Rev. Stat. § 42:92 — LA Code / Code revised-statutes / Title 42 / Section 92
Automatic removal
Status: in_force

A. Any person who is appointed, elected, or serves ex officio on any board which membership is conditioned on the possession of a current and valid occupational or professional license or certificate, whose occupational or professional license or certification is suspended or revoked by the board issuing the occupational or professional license or certification, shall be automatically suspended from the board and shall not be reelected or reappointed until his occupational or professional license or certification is reinstated by the issuing board.

B. As used in this Chapter, "board" means the governing authority which has the ultimate jurisdiction over a profession, occupation, or activity which under state law or regulation requires a person to meet certain skills, training, or educational standards prior to being authorized, licensed, or certified to practice or to render a specific service or engage in a trade.

Acts 1995, No. 64, §1, eff. June 12, 1995.
La. Rev. Stat. § 42:21 — LA Code / Code revised-statutes / Title 42 / Section 21
Minutes of legislative sessions, legislative committees and subcommittees
Status: in_force

A. The journals of the proceedings of each of the houses of the legislature, as required to be kept by the provisions of Article III, Section 10(B) of the Louisiana Constitution, shall constitute the written minutes of open sessions of the Senate and of the House of Representatives.

B. The written minutes of standing, interim, joint, and other committees and subcommittees of the Senate and House of Representatives shall include such information as may be required by the rules of the respective houses.

Added by Acts 1981, Ex. Sess., No. 21, §1, eff. Nov. 19, 1981; Acts 2010, No. 861, §23.
La. Rev. Stat. § 42:1141.2 — LA Code / Code revised-statutes / Title 42 / Section 1141.2
Ethics Adjudicatory Board
Status: in_force

A. The director of the division of administrative law shall, at a public meeting of the Board of Ethics in December of the year preceding the year in which the terms are to begin, randomly select seven administrative law judges from among those who meet the qualifications to comprise the Ethics Adjudicatory Board. The last selected judge shall serve as the alternate. Members of the adjudicatory board shall have not less than two years of experience as an administrative law judge with the division of administrative law and not less than ten years experience in the practice of law.

B.(1) The members shall each serve a three-year term, which term shall begin on January first. There shall be no limitation on the number of times a qualified member may be selected to serve.

(2) A vacancy on either three-judge panel shall be filled by the alternate judge.

(3) A vacancy on the Ethics Adjudicatory Board shall be filled for the unexpired term at the next public meeting of the Board of Ethics and in the same manner as for the original selection. The last selected judge shall serve as the alternate.

C. Members of the Ethics Adjudicatory Board shall be subject to the same financial disclosure requirements as are provided by law for members of the Board of Ethics. Such members shall also be subject to the same limitations regarding contracting as are applicable to the members of the Board of Ethics as provided by law.

D. If an administrative law judge who is a member of the Ethics Adjudicatory Board begins work on a matter prior to the end of his term, he shall not be prohibited from completing work on the matter following the end of his term. He shall be considered a member of the Ethics Adjudicatory Board until such work is complete, and such status shall not affect the selection of members for the Ethics Adjudicatory Board.

E. Any member of the Ethics Adjudicatory Board who has a personal interest in or who becomes the subject of a hearing pursuant to this Part shall recuse himself from participation in such hearing.

Acts 2012, No. 608, §1, eff. June 7, 2012; Acts 2025, No. 301, §1, eff. June 11, 2025.

NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
La. Rev. Stat. § 42:183 — LA Code / Code revised-statutes / Title 42 / Section 183
To whom bond payable
Status: in_force

The bonds of state officers shall be made payable to the governor, and those of the parish officers to the president of the police jury or other governing authority of the parish.
La. Rev. Stat. § 42:305 — LA Code / Code revised-statutes / Title 42 / Section 305
Annual report of defaulters; penalty
Status: in_force

The State Auditor, the president of parish governing authorities, and the mayors of municipal corporations shall report annually to the governor, on or before the tenth day of November of each year, all persons who may be defaulters to the state, parish, or municipal corporations, with the amount of their defalcations.

Whoever fails or neglects to perform this duty shall forfeit the sum of five hundred dollars to be sued for and recovered in the name of the state by the district attorney.
La. Rev. Stat. § 42:322 — LA Code / Code revised-statutes / Title 42 / Section 322
Penalty for failure to deliver records; application
Status: in_force

Every public officer who withholds or detains from his successor, or other person entitled by law thereto, any of the books, records, documents, or writings appertaining to his office, or who mutilates, destroys, or takes them away from the building or office where they are usually kept, shall be imprisoned not less than one year nor more than ten years.

The provisions of this Section apply to any person, who has in his possession books, records, documents, or writings, and refuses to deliver them to the proper authority, or who willfully mutilates, destroys, withholds, or detains them, or aids in their mutilation, destruction, or detention.
La. Rev. Stat. § 42:352 — LA Code / Code revised-statutes / Title 42 / Section 352
Definitions
Status: in_force

Unless the context clearly indicates otherwise, the following words and terms, when used in this Chapter, shall have the following meanings:

(1) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of state government.

(2) "Agency head" means the chief executive, administrative officer of an agency, or the chairman of a board or commission.

(3) "Complainant" means the person who files a complaint alleging that they have been the victim of sexual harassment as described in this Chapter.

(4) "Elected official" means any person holding an office in state government which is filled by the vote of the electorate. The term includes any person appointed to fill a vacancy in that office.

(5) "Public employee" means anyone who is:

(a) An administrative officer or official of state government who is not holding an elective office.

(b) Appointed to a post or position of state government created by rule, law, resolution, or executive order.

(c) Employed by an agency, officer, or official of state government.

(6) "Public funds" means monies of the state, including but not limited to monies from the state risk management program established by R.S. 39:1528 et seq., monies from an exempted institution of higher education pursuant to R.S. 17:3139.5, the state general fund, dedicated funds, fees and self-generated revenues, or any other source of public funds.

(7) "Public servant" means a public employee or an elected official.

(8) "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature which explicitly or implicitly affects an individual's employment or the holding of office, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment, by a public servant of the state. It includes intimidation, reprisal, retaliation, or discrimination that is unlawful under state or federal law and is taken against a public servant of the state because of a claim of sexual harassment in violation of state or federal law.

(9) "State government" means the legislative branch, executive branch, and judicial branch of state government, but shall not include any parish, municipality, or any other unit of local government, including a school board special district, mayor's court, justice of the peace court, district attorney, sheriff, clerk of court, coroner, tax assessor, registrar of voters, or any other elected parochial or municipal official.

Acts 2019, No. 413, §2, eff. June 20, 2019.
La. Rev. Stat. § 42:1407 — LA Code / Code revised-statutes / Title 42 / Section 1407
Election; results; rules and regulations; promulgation
Status: in_force

A.(1) The director shall submit a written report of the election results to the state police commission and the secretary of state within one working day after completion of the counting of the election ballots or, if a runoff election is held, within one working day after completion of the counting of runoff election ballots. Upon receipt of the results of the election, the secretary of state shall promulgate the results thereof. The candidate who receives a majority of the votes cast in the election, or the greatest number of the votes cast in the runoff election, shall be elected, and the secretary of state shall notify said candidate of his election.

(2) In the event that the two candidates in the runoff election each receive the same number of votes in the runoff election, the winner shall be determined by lot by the secretary of state.

B. The secretary of state and the director of the State Police Service may make such reasonable rules and regulations, not inconsistent with the constitution and laws of this state, as may be necessary to carry out the provisions of this Chapter.

Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
La. Rev. Stat. § 42:16 — LA Code / Code revised-statutes / Title 42 / Section 16
Executive Sessions
Status: in_force

A public body may hold executive sessions upon an affirmative vote, taken at an open meeting for which notice has been given pursuant to R.S. 42:19, of two-thirds of its constituent members present. An executive session shall be limited to matters allowed to be exempted from discussion at open meetings by R.S. 42:17; however, no final or binding action shall be taken during an executive session. The vote of each member on the question of holding such an executive session and the reason for holding such an executive session shall be recorded and entered into the minutes of the meeting. Nothing in this Section or R.S. 42:17 shall be construed to require that any meeting be closed to the public, nor shall any executive session be used as a subterfuge to defeat the purposes of this Chapter.

Acts 1952, No. 484, §1. Amended by Acts 1976, No. 665, §1; Acts 1977, No. 707, §1; Acts 1979, No. 681, §1; Acts 2010, No. 861, §23.
La. Rev. Stat. § 42:458 — LA Code / Code revised-statutes / Title 42 / Section 458
Deduction fees
Status: in_force

Expenses that may be incurred in connection with such collection and remittance shall be handled in accordance with rules promulgated by the Division of Administration and administered by the state payroll office.

Acts 1986, No. 805, §1.
La. Rev. Stat. § 42:1302 — LA Code / Code revised-statutes / Title 42 / Section 1302
Louisiana Deferred Compensation Commission
Status: in_force

A. There is hereby created within the Department of Treasury the Louisiana Deferred Compensation Commission for the purpose of continuing the plan. The Commission shall exist and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of R.S. 36:801.1.

B.(1) The Commission shall consist of nine members as follows:

(a) The state treasurer.

(b) The commissioner of administration.

(c) The commissioner of insurance.

(d) The commissioner of financial institutions.

(e) The speaker of the House of Representatives, or his designee.

(f) The president of the Senate, or his designee.

(g) Three participant members who shall be elected by participants in accordance with rules promulgated by the Commission.

(2) Four members of the commission shall constitute a quorum for the transaction of business.

C. The terms of the participant members who are first elected to membership on the Commission shall be as follows:

(1) One such member shall be elected for a term of three years.

(2) One such member shall be elected for a term of two years.

(3) One such member shall be elected for a term of one year.

Thereafter, each participant member shall be elected for a three-year term.

D. Each of the ex officio members of the Commission may be represented at any meeting of the Commission by his duly authorized representative.

E. Vacancies on the Commission arising because of death, resignation, or incapacity of a participant member shall be filled by a participant selected by the remaining members of the Commission; however, the person so chosen shall serve only until the next regularly scheduled annual election of a participant member. The participant elected at such election to fill such vacancy shall serve during the remainder of the unexpired term.

F. The members of the Commission shall choose their officers who shall serve for one year terms, but who may be reelected for successive terms.

G. Participant members of the Commission shall be eligible for reelection.

H. Membership on the Commission shall not be incompatible with the holding of any other public office or employment.

I. The members of the Commission shall serve without compensation but shall be entitled to receive travel expenses.

J. The attorney general shall be the legal advisor of the commission.

Added by Acts 1972, No. 623, §1. Amended by Acts 1974, No. 410, §1; Acts 1975, No. 176, §1. Acts 1976, No. 132, §1; Acts 1978, No. 684, §1; Acts 1979, No. 233, §1; Acts 1982, No. 1, §1, eff. May 6, 1982; Acts 2018, No. 615, §1.
La. Rev. Stat. § 42:456 — LA Code / Code revised-statutes / Title 42 / Section 456
Permitted withholdings
Status: in_force

A. Payroll deductions shall be authorized only for the following:

(1) Mandated federal or state income withholdings, credit unions, garnishments, liens, union dues, savings bonds programs, qualified United Way entities, health and life insurance products offered through the Office of Group Benefits, and products having state participating contributions, sponsored by the Office of Group Benefits, which qualify and are offered under Section 125 of the Internal Revenue Code (Cafeteria Plan).

(2) Products offered without state contributory participation which have been evaluated and approved in accordance with rules and procedures promulgated by the commissioner of administration.

(3) Donations to any qualified nonprofit community health and human services charities, coordinated and payable through the Louisiana Association of United Ways, upon written authorization from the employee, which has been evaluated and approved in accordance with rules and procedures promulgated by the commissioner of administration. As used in this Paragraph, "qualified community health and human services charities" shall not include those organized for cultural, educational, religious, or political purposes. In coordination with the division of administration, the Louisiana Association of United Ways shall serve as the principal combined fundraising organization.

B. Except for deductions required by law, no withholding may be made from the earnings of any employee for the purposes permitted by this Section unless the withholding is specifically and voluntarily authorized by the employee in writing. Any amount withheld in accordance with the provisions of this Section shall be remitted to the organization designated on a regularly scheduled basis as prescribed by rules promulgated by the division of administration and administered by the state payroll office as provided in R.S. 42:455.

Acts 1985, No. 666, §1; Acts 1986, No. 805, §1; Acts 1987, No. 539, §1, eff. July 9, 1987; Acts 1997, No. 1270, §1; Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2012, No. 501, §1, eff. July 1, 2012.
La. Rev. Stat. § 42:443 — LA Code / Code revised-statutes / Title 42 / Section 443
Pool leave account; participation; use
Status: in_force

A. Any full-time employee of an employing agency may request voluntarily, in writing, that a specified number of hours of his accrued annual, sick, or compensatory leave or any combination thereof be transferred from his annual, sick, or compensatory leave account to a pool account the agency establishes to distribute leave pursuant to the provisions of this Part.

B. No employee with less than fifteen days in his personal sick leave account may transfer any leave to the pool account. Any employee with more than fifteen days in his sick leave account may transfer sick leave to the pool account provided he retains a minimum of fifteen days in his own sick leave account.

C. Annual, sick, or compensatory leave transferred under this Part may be substituted retroactively for periods of leave without pay or used to liquidate an indebtedness for advanced annual, sick, or compensatory leave granted.

D. A leave recipient may use annual, sick, or compensatory leave from the pool account in the same manner as if the recipient had accrued the leave in the manner provided by law, rule, regulation, or policy.

E. Participating employees shall not be eligible to use transferred leave from the pool account until all personally accrued annual, sick, and compensatory leave has been used.

F. Transferred annual, sick, or compensatory leave from the pool account remaining to the credit of a leave recipient when his employment terminates shall not be transferred to another employee, included in a lump-sum payment for accrued leave, or included in the total service for retirement computation.

Acts 1992, No. 1008, §1, eff. Jan. 1, 1993; Acts 2012, No. 590, §1, eff. June 7, 2012; Acts 2022, No. 649, §1.
La. Rev. Stat. § 42:1117.1 — LA Code / Code revised-statutes / Title 42 / Section 1117.1
Subterfuge to avoid compliance
Status: in_force

A. No public servant or other person shall transfer any thing of economic value or any asset, interest, or liability to any person or governmental entity for the purpose of circumventing any provision of this Chapter, unless such transfer is irrevocable. A transfer shall not be irrevocable if there exists any contract, letter, counter letter, trust, note, or any other legally enforceable agreement or authority which if exercised or enforced would require or authorize any asset, interest, or liability transferred by the public servant or other person to revert back to such public servant or other person.

B.(1) The terms of a confidentiality agreement entered into between parties shall not be a transfer prohibited by this Section, provided that the confidentiality agreement is not entered into for purposes of circumventing the Code of Governmental Ethics.

(2) The sale of property subject to owner financing shall not be a transfer prohibited by this Section.

(3) A recorded bond for deed contract shall not be a transfer prohibited by this Section.

Acts 2008, 1 st Ex. Sess., No. 15, §1, eff. March 7, 2008.
La. Rev. Stat. § 42:434 — LA Code / Code revised-statutes / Title 42 / Section 434
Cancellation of leave
Status: in_force

All or any portion of the approved athletic leave of absence provided for in this Part may be cancelled retroactively by the employer if the employee does not participate in the training or competition.

Added by Acts 1978, No. 70, §1, eff. June 16, 1978.
La. Rev. Stat. § 42:391 — LA Code / Code revised-statutes / Title 42 / Section 391
Leave of absence for state and parish officers
Status: in_force

The governor may grant leave of absence to state and parish officers, not to exceed ninety days at any one time, at his discretion.
La. Rev. Stat. § 42:1266 — LA Code / Code revised-statutes / Title 42 / Section 1266
Required education; certain unclassified officials and employees
Status: in_force

A. The Department of State Civil Service shall institute, develop, conduct, and otherwise provide for an educational program designed to improve the supervisory and managerial skills and expertise of state unclassified officials and employees concerning performance planning and review and the rules and procedures of the State Civil Service Commission regarding hiring and termination of state classified employees. The program shall be designed to provide a reasonable person with the knowledge to conduct performance planning and review sessions in conformance with the rules of the State Civil Service Commission and to understand the essential rules and procedures of the State Civil Service Commission regarding hiring and termination of state classified employees.

B.(1) Each official and employee specified in Subsection C of this Section shall attend the program described in Subsection A of this Section within one year of his employment in or appointment to a position specified in Paragraph (C)(1) of this Section or within one year of being designated as provided in Paragraph (C)(2) of this Section.

(2) No person shall be required to attend the program described in Subsection A of this Section more than once.

C.(1) This Section shall apply to each person serving in the state unclassified service in one of the following positions:

(a) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of Louisiana Economic Development.

(b) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Culture, Recreation and Tourism.

(c) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Environmental Quality.

(d) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Louisiana Department of Health.

(e) The secretary, undersecretary, deputy secretary, and each assistant secretary, or an equivalent position of Louisiana Works.

(f) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Conservation and Energy.

(g) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Public Safety and Corrections and any warden or assistant warden of a state penal institution.

(h) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Revenue.

(i) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Children and Family Services.

(j) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Transportation and Development.

(k) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Wildlife and Fisheries.

(l) The secretary, deputy secretary, undersecretary, and each assistant secretary, or an equivalent position of the Department of Veterans Affairs.

(m) The executive secretary of the Public Service Commission.

(n) The commissioner of higher education and the president of each public postsecondary education system.

(o) The commissioner of the division of administration.

(p) The commissioner of agriculture, the assistant commissioner for management and finance, the deputy commissioner, and each assistant commissioner of the Department of Agriculture and Forestry.

(q) The superintendent of education, the deputy superintendent of education, the deputy superintendent for management and finance, and each assistant superintendent of the Department of Education.

(r) The commissioner of insurance, the chief deputy commissioner, each deputy commissioner, and the assistant commissioner of the Department of Insurance.

(s) The secretary of state, the deputy secretary of the Department of State, the deputy secretary for the office of the Uniform Commercial Code, and the deputy secretary for the office of GeauxBiz or his successor.

(t) The state treasurer, each deputy state treasurer, and each assistant state treasurer of the Department of the Treasury.

(2) This Section shall additionally apply to any state unclassified employee designated in writing by a person listed in Paragraph (1) of this Subsection who has the authority to prescribe the duties and responsibilities of the employee.

Acts 2009, No. 377, §1, eff. July 1, 2010; Acts 2010, No. 825, §1, eff. July 1, 2010; Acts 2018, No. 380, §3, eff. June 30, 2018; Acts 2023, No. 150, §16, eff. Jan. 10, 2024.
La. Rev. Stat. § 42:17.1 — LA Code / Code revised-statutes / Title 42 / Section 17.1
Exception for meetings during a gubernatorially declared disaster or emergency
Status: in_force

A. Notwithstanding any other provision of this Chapter to the contrary, a public body may conduct and its members may attend and participate in a meeting via electronic means provided:

(1) The governor has declared a state of emergency or disaster involving a geographic area within the jurisdiction of the public body and the nature of the emergency or disaster would cause a meeting of the public body conducted pursuant to the other provisions of this Chapter to be detrimental to the health, safety, or welfare of the public.

(2) The presiding officer of the public body certifies on the notice of the meeting that the agenda of the meeting is limited to one or more of the following:

(a) Matters that are directly related to the public body's response to the disaster or emergency and are critical to the health, safety, or welfare of the public.

(b) Matters that if they are delayed will cause curtailment of vital public services or severe economic dislocation and hardship.

(c) Matters that are critical to continuation of the business of the public body and that are not able to be postponed to a meeting held in accordance with the other provisions of this Chapter due to a legal requirement or other deadline that cannot be postponed or delayed by the public body.

(d) Other matters that are critical or time-sensitive and that in the determination of the presiding officer should not be delayed; however, such matters shall not be considered at the meeting unless the members of the body present at the meeting approve the consideration of the matters by a two-thirds vote.

(3) The public body and its presiding officer comply with all of the requirements of this Section.

B. No later than twenty-four hours prior to a meeting conducted pursuant to the provisions of this Section, the public body shall provide for all of the following:

(1) The notice and agenda for the meeting, which shall be posted on the website of the public body, emailed to any member of the public or the news media who requests notice of meetings of the public body, and widely distributed to every known news media outlet that broadcasts or publishes news within the geographic area within the jurisdiction of the public body.

(2) Detailed information regarding how members of the public may participate in the meeting and submit comments regarding matters on the agenda, which information shall be posted on the website of the public body, emailed to any member of the public or the news media who requests notice of meetings of the public body, and widely distributed to every known news media outlet that broadcasts or publishes news within the geographic area within the jurisdiction of the public body.

C. For each meeting conducted pursuant to this Section:

(1) The public body shall provide a mechanism to receive public comment electronically both prior to and during the meeting.

(2) The public body shall properly identify and acknowledge all public comments during the meeting and shall maintain those comments in its record of the meeting.

(3) The presiding officer of the public body shall ensure that each person participating in the meeting is properly identified.

(4) The presiding officer shall ensure that all parts of the meeting, excluding any matter discussed in executive session, are clear and audible to all participants in the meeting including the public.

D. For the purposes of this Section, the following words and phrases shall have the following meanings:

(1) "Meeting via electronic means" shall mean a meeting occurring via teleconference or video conference.

(2) "Teleconference" shall mean a method of communication which enables persons in different locations to participate in a meeting and to hear and otherwise communicate with each other.

(3) "Video conference" shall mean a method of communication which enables persons in different locations to participate in a meeting and to see, hear, and otherwise communicate with each other.

Acts 2020, No. 302, §2, eff. June 12, 2020; Acts 2020, 2 nd Ex. Sess., No. 43, §1, eff. Oct. 28, 2020.
La. Rev. Stat. § 42:1170 — LA Code / Code revised-statutes / Title 42 / Section 1170
Ethics education; mandatory requirements; ethics designee
Status: in_force

A.(1) Commencing with terms of office beginning January 1, 2008, and thereafter, each statewide elected official, legislator, and public service commissioner shall receive a minimum of one hour of education and training on the Code of Governmental Ethics during each year of his term of office. All newly elected officials shall receive the required one hour of education training on the Code of Governmental Ethics within the first ninety days after taking the oath of office. In addition, each statewide elected official, legislator, and public service commissioner shall receive a minimum of one hour of education and training on the Campaign Finance Disclosure Act during his term of office.

(2) Commencing with the terms of office beginning January 1, 2010, and thereafter, each elected official who was not required to complete education and training on the Code of Governmental Ethics pursuant to Paragraph (1) of this Subsection shall receive a minimum of one hour of education and training during each year of his term of office. All newly elected officials shall receive the required one hour of education training on the Code of Governmental Ethics within the first ninety days after taking the oath of office. In addition, each such elected official who was not required to complete education and training pursuant to Paragraph (1) of this Subsection shall receive a minimum of one hour of education and training on the Campaign Finance Disclosure Act during his term of office.

(3)(a)(i) Commencing on January 1, 2012, each public servant who was not required to complete education and training pursuant to Paragraph (1) or (2) of this Subsection shall receive a minimum of one hour of education and training on the Code of Governmental Ethics during each year of his public employment or term of office, as the case may be.

(ii) Commencing on January 1, 2014, each head of a department, except statewide elected officials, of the executive branch enumerated in R.S. 36:4(A), shall be required to receive an additional one hour of education and training on the Code of Governmental Ethics during each year of his public employment or term of office, as the case may be. The additional topic to be addressed shall be contract ethics.

(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to any person who is a public servant solely because he serves as an uncompensated volunteer fireman or an uncompensated auxiliary or reserve law enforcement officer.

(c) The provisions of Subparagraph (a) of this Paragraph shall not apply to a nonsalaried employee of a hospital owned or operated by a hospital service district as defined in R.S. 46:1072 unless the employee is authorized to enter into contracts on behalf of the hospital for goods or services or the duties of the employee include the supervision of another public employee.

(4)(a) Commencing on January 1, 2009, each lobbyist registered pursuant to the provisions of Part III of Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950 relative to lobbying of the legislature shall receive a minimum of one hour of education and training on such provisions and on the provisions of the Code of Governmental Ethics which the Board of Ethics determines are relevant to such a lobbyist during each year the lobbyist is registered.

(b) Commencing on January 1, 2009, each lobbyist registered pursuant to the provisions of Part IV of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950 relative to lobbying of executive branch agencies shall receive a minimum of one hour of education and training on such provisions and on the provisions of the Code of Governmental Ethics which the Board of Ethics determines are relevant to such a lobbyist during each year such lobbyist is registered.

(5) A former public servant whose public service in a calendar year lasted less than ninety days shall not be required to receive education and training on the Code of Governmental Ethics pursuant to Paragraph (1), (2), or (3) of this Subsection during that year.

B. The education and training required pursuant to this Section may be received either in person or via the Internet through the training and education materials designed by the board pursuant to R.S. 42:1134.

C.(1) Each agency head of a state agency shall designate at least one person who shall, with the assistance of the board, provide all public servants of that agency information and instruction relative to ethics and conflicts of interest concerning the following provisions: the Code of Governmental Ethics and, if appropriate or applicable to the functions of the agency or the public servants within the agency, information concerning the Campaign Finance Disclosure Act, the provisions of Part III of Chapter 1 of Title 24 relative to lobbying of the legislature, the provisions of Part IV of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950 relative to lobbying of executive branch agencies, the Louisiana Riverboat Economic Development and Gaming Control Act, the Louisiana Economic Development and Gaming Corporation Act, the Louisiana Lottery Corporation Law, and the Video Draw Poker Devices Control Law. The agency shall also provide instruction and information to such public servants intended to educate them about the particular ethics laws to which they are subject and the procedures by which such laws are enforced. On and after January 1, 2009, no agency head shall designate a person to provide information and instruction relative to ethics and conflicts of interest pursuant to this Subsection unless the person has received a minimum of two hours of education and training regarding the provisions of the Code of Governmental Ethics and, if appropriate or applicable to the functions of the agency or the public servants within the agency, any other provision of law within the jurisdiction of the Board of Ethics. In addition, on and after January 1, 2009, each designee shall be required to have at least two hours of ethics education and training annually.

(2) Each agency head of a state agency shall ensure that each public servant in the agency is notified of the current name and contact information of each designee and that the current name and contact information of each designee is posted and maintained in a convenient and conspicuous manner which makes the information easily accessible to each public servant in the agency. He shall also submit the name and contact information of each such designee to the Board of Ethics no later than July first of each year and shall notify the Board of Ethics within ten days of any change in the name or contact information of a designee.

(3) The agency head of each department in the executive branch of state government shall select at least one person licensed to practice law in this state to be a designee.

(4) Each political subdivision shall designate at least one person who shall, with the assistance of the board, provide information, notices, and updates to employees and officials of the political subdivision and assist the board in any way necessary to fulfill the requirements set out in this Section and R.S. 42:1134(N)(1).

D. All agencies shall provide information about governmental ethics to those with whom they do business.

E.(1) The Board of Ethics shall keep records of the compliance with the requirements of this Section by each registered lobbyist and public servant and by state agencies.

(2) If the board discovers that a public servant or lobbyist has failed to complete the training required by this Section, the board shall mail by certified mail a notice of noncompliance informing the person that the training required by this Section shall be completed within forty-five business days from the mailing of the notice of noncompliance. The notice of noncompliance shall include the deadline for completion of the training required by this Section. If the person completes the training prior to the deadline contained in the notice of noncompliance, no penalties shall be assessed against the person.

(3) The Board of Ethics shall submit the required education and training on the Code of Governmental Ethics for approval by the Louisiana Supreme Court, Mandatory Continuing Legal Education Committee as an approved continuing legal education activity.

Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 2007, No. 315, §1, eff. Jan. 1, 2008; Acts 2008, 1 st Ex. Sess., No. 3, §1, eff. April 26, 2008; Acts 2008, 1 st Ex. Sess., No. 11, §1, eff. April 26, 2008; Acts 2012, No. 488, §1, eff. June 5, 2012; Acts 2013, No. 415, §1; Acts 2013, No. 422, §1; Acts 2014, No. 745, §1.

NOTE: See Acts 2007, No. 315, §2, relative to implementation.
La. Rev. Stat. § 42:35 — LA Code / Code revised-statutes / Title 42 / Section 35
Commissions not to issue to defaulters; new elections
Status: in_force

The governor shall not issue a commission to any public officer who appears to be a defaulter by the reports on file in his office, unless it is proved to his satisfaction that the person is not a defaulter, or has paid the amount of his defalcation. Unless this proof is made within ninety days from the date of the election or appointment the governor shall order a new election or make a new appointment, as the case may be.
La. Rev. Stat. § 42:1401 — LA Code / Code revised-statutes / Title 42 / Section 1401
Qualifications; term of office
Status: in_force

The classified employee member of the state police commission provided for in Article X, Section 43(C) of the Constitution of 1974 shall be a full-time, permanent employee in the classified state police service for a period of one year prior to the date on which he qualifies as a candidate. He shall serve a term of six years, which shall commence on January first of the year following the year in which he is elected.

Acts 1990, No. 788, §1, eff. Nov. 7, 1990.

{{NOTE: SEE ACTS 1990, NO. 788, §2.}}
La. Rev. Stat. § 42:1153 — LA Code / Code revised-statutes / Title 42 / Section 1153
Penalties
Status: in_force

A. Upon a determination that any elected official or other person has violated any provision of any law within the jurisdiction of the Board of Ethics except violations of the Campaign Finance Disclosure Act which shall be governed by Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the Ethics Adjudicatory Board may censure the elected official or person, or impose a fine of not more than ten thousand dollars, or both.

B. Upon a determination that any public employee or other person has violated any provision of any law within the jurisdiction of the Board of Ethics except violations of the Campaign Finance Disclosure Act which shall be governed by Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the Ethics Adjudicatory Board may remove, suspend, or order a reduction in pay, or demotion of the public employee or other person, or impose a fine of not more than ten thousand dollars, or both.

Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 1996, 1st Ex. Sess., No. 66, §3, eff. Jan. 1, 1997; Acts 2012, No. 608, §1, eff. June 7, 2012.

NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
La. Rev. Stat. § 42:1383 — LA Code / Code revised-statutes / Title 42 / Section 1383
Department of State Civil Service; appropriations; pro rata share paid by other agencies; billing; collection calculations
Status: in_force

A. The cost of operating the state civil service system and instituting, developing, conducting, and otherwise providing in-service training and educational programs by the Department of State Civil Service shall be paid by agencies employing state classified employees. The total amount payable by each agency shall be calculated on the basis of a percentage of the annual gross salaries of the state classified employees within each agency, as reflected in the records maintained by the Department of State Civil Service on the last working day of the calendar year preceding the year of the billing, and shall not exceed nine-tenths of one percent of the annual gross salaries. The Department of State Civil Service shall bill each state agency the amount payable by that agency for the billing period. The amount so billed shall be payable by each agency within thirty calendar days from the date of the mailing of the billing.

B. If the amounts collected in any fiscal year pursuant to this Section do not meet the amount appropriated for the Department of State Civil Service by the legislature for that fiscal year, the commissioner of administration shall take action to insure that the Department of State Civil Service receives the full amount of the funds appropriated by the legislature.

C. The Department of State Civil Service may enforce through judicial proceedings any of the provisions contained in this Section. No suspensive appeal shall lie from a decision ordering compliance with any of the provisions contained herein, nor shall any stay order issue staying the enforcement of any such decision.

Added by Acts 1988, No. 639, §1, eff. July 1, 1988; Acts 1992, No. 893, §1, eff. July 8, 1992; Acts 2020, 2 nd Ex. Sess., No. 33, §1.
La. Rev. Stat. § 42:2.2 — LA Code / Code revised-statutes / Title 42 / Section 2.2
Boards, commissions, councils, authorities, and entities; immediate family members
Status: in_force

A. No appointing authority shall appoint to any board, commission, council, authority, or similar entity a person who is a member of the immediate family of a person who serves on the board, commission, council, authority, or similar entity at the time of the appointment.

B. For purposes of this Section, "immediate family" shall have the same meaning as provided in R.S. 42:1102.

Acts 2014, No. 696, §1.
La. Rev. Stat. § 42:1410 — LA Code / Code revised-statutes / Title 42 / Section 1410
Runoff election; qualifying of candidates; procedure
Status: in_force

In the event no candidate receives a majority of the votes cast in the election, the candidates who receive the two highest number of votes cast in the election shall qualify as candidates in the runoff election. The director shall provide for the conduct of the runoff election in the same manner as provided in R.S. 42:1404, except that the ballots for the runoff election shall be distributed not less than five working days after completion of the counting of ballots in the initial election, and said ballots shall be returned by the voters to the director on or before a date fixed by the director, which date shall be not less than five nor more than ten days after the distribution of the runoff election ballots to the voters.

Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
La. Rev. Stat. § 42:1118 — LA Code / Code revised-statutes / Title 42 / Section 1118
Influencing action by legislature or governing authority
Status: in_force

No public servant shall solicit or receive any thing of economic value, directly or indirectly, for, or to be used by him or a member of his immediate family principally to aid in, (1) the accomplishment of the passage or defeat of any matter affecting his agency by the legislature, if his agency is a state agency, or by the governing authority, if his agency is an agency of a political subdivision, or (2) the influencing, directly or indirectly, of the passage or defeat of any matter affecting his agency by the legislature, if his agency is a state agency, or by the governing authority, if his agency is an agency of a political subdivision.

Acts 1979, No. 443, §1, eff. April 1, 1980.
La. Rev. Stat. § 42:331 — LA Code / Code revised-statutes / Title 42 / Section 331
Authority of first assistants
Status: in_force

A first assistant to a statewide elected official, under the direction of the official, shall have authority to perform all the acts and duties of the office.

Added by Acts 1975, No. 456, §1.
La. Rev. Stat. § 42:34 — LA Code / Code revised-statutes / Title 42 / Section 34
Defaulters not to hold office
Status: in_force

Any person who at any time has been a collector of state, parish or municipal taxes or otherwise entrusted with public money, is ineligible to be a member of the Legislature, or to hold any office of profit or trust under the state government until he has obtained a discharge for the amount of the collections, and for all the public money with which he was entrusted.

Amended by Acts 1950, No. 316, §13.
La. Rev. Stat. § 42:1051 — LA Code / Code revised-statutes / Title 42 / Section 1051
State police officials; designation of portion of salary as statutory subsistence allowance
Status: in_force

The sum of $5.00 per day of the regular salary of each and every police official employed by the State of Louisiana is hereby designated as a statutory subsistence allowance within the meaning of Section 120 of the United States Internal Revenue Code of 1954. 1

Acts 1958, No. 69, §1.

1 26 U.S.C.A. (I.R.C.1954) §120.
La. Rev. Stat. § 42:306 — LA Code / Code revised-statutes / Title 42 / Section 306
Annual publication of list of defaulters
Status: in_force

The State Auditor shall on the fifteenth day of December, annually, publish in the official journal of the state, for thirty days, the names of all persons who became defaulters to the state during the year, together with the amount of their defalcations.

No person whose name is in this published list shall be entitled to receive his commission until he has exhibited the proper discharge from the State Auditor.
La. Rev. Stat. § 42:728 — LA Code / Code revised-statutes / Title 42 / Section 728
Duties of the merit system director
Status: in_force

The merit system director shall be the executive and administrative head of the Louisiana merit system council and shall direct and supervise all of its administrative and technical activities. In addition to the duties imposed upon him in this Chapter, he shall:

(1) Attend all meetings of the council and to act as its secretary and keep minutes of its proceedings.

(2) Establish and maintain a roster of all employees subject to the provisions of this Chapter, in which there shall be set forth, as to each employee, the class title of the position held; the salary or pay; any change in class title, pay or status; and any other necessary data.

(3) Appoint, by and with the consent of the council, under the provisions of this Chapter, employees of the council, and experts and special assistants as may be necessary to carry out effectively the provisions of this Chapter.

(4) Develop, in cooperation with appointing authorities and others, training and educational programs for employees in the agencies governed by this Chapter.

(5) Make and publish annual reports regarding the work of the council, and special reports to the council and to the governor.

(6) Perform any other acts and functions he may consider necessary or desirable to carry out the purposes of this Chapter, or which he may be directed to perform by the council.
La. Rev. Stat. § 42:187 — LA Code / Code revised-statutes / Title 42 / Section 187
Bond operates as mortgage except when signed by surety company
Status: in_force

The bonds, when duly registered, shall operate from and after the date of the registry as a mortgage upon all of the real estate of the principal obligor.

This does not apply to bonds signed by surety companies which shall be recorded only in the parish where the public officer resides and, shall not operate as a mortgage on any property which may be owned by the public officer.
La. Rev. Stat. § 42:802 — LA Code / Code revised-statutes / Title 42 / Section 802
Powers and duties; Office of Group Benefits
Status: in_force

A.(1) The Office of Group Benefits shall have the powers and privileges of a corporation and shall exercise all powers, duties, functions, and responsibilities provided or authorized for it by law. It shall directly exercise all powers, duties, functions, and responsibilities provided or authorized for it which are in the nature of policymaking, rulemaking, licensing, regulation, enforcement, or adjudication and shall directly exercise all advisory powers, duties, and functions provided to it by law.

(2) The office shall administer and implement all programs provided or authorized for it by law which relate to rulemaking, licensing, regulation, enforcement, and adjudication and shall be subject to the provisions of the Administrative Procedure Act, including provisions relative to adjudication proceedings.

(3) The office shall exercise its powers, duties, functions, and responsibilities and shall administer and implement the programs authorized in this Section.

B. In addition, the office shall have the following powers and duties:

(1) To adopt and promulgate rules and regulations for the administration, operation, and management of programs and benefit plans offered through the Office of Group Benefits, which shall not be inconsistent with the provisions of this Chapter or other applicable laws.

(2) To prepare and submit a budget in accordance with the provisions of Parts I and II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950.

(3) To designate a depository for operating and other monies under its control, which shall be fully guaranteed and shall be subject to the provisions of R.S. 49:321 and Chapter 1-A of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950.

(4) To appoint an independent consulting actuary.

(5) To do and perform all things necessary or incident to the powers, duties, and functions vested in it.

(6) To establish benefit plans, under the direction of the commissioner of administration, for the life, health, and other benefit programs offered through the office. This duty shall include the responsibility to ensure, to the greatest extent practicable, that the plans for benefits and coverages available for employees in all parts of the state are comparable with respect to coverages offered.

(7) Subject to the board's review and recommendation, to establish premium rates, under the direction of the commissioner of administration and in consultation with actuaries for the life, health, and other benefit programs offered through the office. The commissioner of administration, the chief executive officer of the Office of Group Benefits, and the Policy and Planning Board shall also use any official information developed, gathered, and presented to the parties by the Group Benefits Estimating Conference in the development of premium rates.

(8)(a) To negotiate contracts under the provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950, in the best interests of the office and its covered persons. The Office of Group Benefits is specifically authorized to negotiate and contract directly with the following:

(i) Health maintenance organizations as defined by R.S. 22:242(7).

(ii) A group purchaser as defined in R.S. 40:2202(3).

(iii) A preferred provider organization.

(iv) A health care provider or providers for formation of a preferred provider organization as defined by R.S. 40:2202(5).

(b) The office is specifically authorized to negotiate and contract directly for the following:

(i) Provision of basic health care services and other health care services to the program's covered persons.

(ii) Any other health care plan or systems, including but not limited to any health care service, delivery system, benefits programs, insurance, or any other plan or programs that may be authorized by law.

(c) For the purposes of this Paragraph, the basic health care services provided under a contract for a preferred provider organization or a health maintenance organization shall be those services which are covered under the Office of Group Benefits Schedule of Benefits. Nothing herein shall prohibit the office from adopting rules or regulations to prevent or prohibit adverse selection between programs offered by the office.

(d) Any such contract shall be subject to review and final approval by the appropriate standing committees of the legislature having jurisdiction over review of agency rules by the Office of Group Benefits as designated by R.S. 49:966(B)(21)(c), or the subcommittees on oversight of such standing committees, and the office of state procurement of the division of administration.

(9) To administer or provide for the administration of an Internal Revenue Service qualified cafeteria plan. The plan shall be developed, negotiated, and implemented by the office subject to approval of the appropriate standing committees of the legislature having jurisdiction over review of agency rules of the Office of Group Benefits as designated by R.S. 49:966(B)(21)(c) or the subcommittee on oversight of such standing committees. The provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950 shall not apply.

(10) To authorize small debts owed to the Office of Group Benefits to be canceled from the financial records. For purposes of this Paragraph, a small debt shall be any debt owed to the Office of Group Benefits in an amount less than fifty-one dollars.

(11) To procure and negotiate internal auditing service contracts in accordance with the provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950.

(12) To procure and negotiate pharmacy benefit manager contracts through the use of a reverse auction pursuant to R.S. 39:1600(D) and 1600.1 when it has been determined by the division of administration to be in the best interest of the state.

C. Notwithstanding any other provision of law to the contrary, the Office of Group Benefits may establish health reimbursement accounts, health savings accounts, and similar accounts as authorized by federal law.

D.(1) Notwithstanding any other provision of this Section to the contrary, any new plan of benefits or the annual plan of benefits submitted under the direction of the commissioner of administration for the life, health, or other benefit programs offered through the Office of Group Benefits or any professional, personal, and social services contracts other than contracts for legal services or actuarial services negotiated through the Office of Group Benefits under the provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950 as provided in Subsection A and Paragraph (B)(8) of this Section or any contracts in connection therewith shall be subject to review and final approval by the Joint Legislative Committee on the Budget.

(2) Additionally, any adjustments to such contracts in the amount of one million dollars or more shall require the review and approval of the oversight committees before the modified contracts may be implemented. Such adjustments shall indicate the fiscal impact to the plan of benefits as well as the rate structure, if any, over the subsequent three years or maximum contract period.

Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2004, No. 890, §2; Acts 2007, No. 479, §1, eff. July 19, 2007; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2014, No. 864, §§4 and 5; Acts 2015, No. 146, §2, eff. Jan. 1, 2016; Acts 2018, No. 603, §1; Acts 2021, No. 102, §3.
La. Rev. Stat. § 42:1414 — LA Code / Code revised-statutes / Title 42 / Section 1414
State, district, parish, ward, and municipal employees; termination for conviction of a felony
Status: in_force

The employee-employer relationship existing between a state, district, parish, ward, or municipal employee, whether classified or unclassified, and the state, district, parish, ward, or municipality, as applicable, shall be terminated and such employee shall be removed from his position of employment with the state, district, parish, ward, or municipality, as applicable, upon conviction, during his employment, of a felony as defined by the laws of this state or by the laws of the United States. Within ten days after a conviction is final and all appellate review of the original trial court proceedings is exhausted, the appointing authority of the employing agency shall terminate any state, district, parish, ward, or municipal employee who is convicted of a felony and is holding a position of employment with such agency. For the purposes of Article X, Section 8(A) and Article X, Section 46(A) of the Louisiana Constitution and any provision of law relating to disciplinary action taken against a state employee including any provision of law relating to post-employment benefits, final conviction of a felony shall be a cause for termination of a state, district, parish, ward, or municipal employee.

Added by Acts 1982, No. 353, §1, eff. July 17, 1982; Acts 2003, No. 240, §1, eff. June 5, 2003.
La. Rev. Stat. § 42:73 — LA Code / Code revised-statutes / Title 42 / Section 73
Declaration of forfeiture of office created by statute
Status: in_force

Whenever the governor ascertains that any public officer, whose office is established by an act of the legislature, has given adhesion to or recognized the authority of any usurper as provided in R.S. 42:71 and 42:72, he may declare that the officer has forfeited his office, and fill the vacancy by appointment under the provisions of the constitution and laws regulating appointments to fill vacancies.
La. Rev. Stat. § 42:375 — LA Code / Code revised-statutes / Title 42 / Section 375
Vacancies in positions of employment; regulation of filling; executive orders contents
Status: in_force

A.(1) Notwithstanding any provision of law to the contrary, the governor shall have authority to prohibit or regulate the filling of vacancies in the executive branch of state government. In the exercise of such authority the governor may issue executive orders to provide that no vacancy in an existing position of employment shall be filled, or a new position of employment created or filled, within the executive branch of state government. The governor may alternatively issue executive orders to provide for the filling of any such new or existing vacancy only in accordance with procedures he may provide. Such authority to prohibit or regulate such employment may be exercised throughout the entirety of the executive branch or, selectively, with respect to particular agencies, programs, or categories of employment as the governor shall determine.

(2) In issuing such executive order as necessary to carry out the provisions of this Subsection, the governor shall state in such executive order a general fund dollar savings objective.

(3) The Division of Administration shall submit a report to the legislature indicating the general fund dollar savings achieved as a result of executive orders issued under this Subsection regulating the filling of vacancies.

B. Procedures established by the governor to regulate filling of such vacancies may include, but shall not necessarily be limited to procedures for:

(1) The submitting of applications by an agency head or appointing authority for approval to fill a vacancy, either new or existing.

(2) Providing justification for the approval of the filling of a vacancy.

(3) Requiring and obtaining additional information from the agency with respect to the position, the job description and duties, and any other related information.

(4) Approval or disapproval of the application.

(5) Reports by agencies of information concerning numbers of positions of employment, those filled, those not filled, and any other information relating to personnel numbers, costs, and attrition.

(6) The submission of a detailed list as provided in R.S. 42:376 by the various heads of the agencies, boards, commissions and departments of the executive branch including the submission of said detailed list by the various statewide elected officials in the executive branch.

C. All agencies, departments, boards, commissions, entities, officers and employees of the executive branch shall be subject to the provisions of this Section and to any applicable provisions of executive orders issued hereunder and shall act in accordance with such executive orders.

D. The governor may order the commissioner of administration to withhold allotments in the appropriate category of expenditures from which the salary or compensation of any employee employed in violation of any such executive order is paid in an amount equal to such compensation.

E. For the purposes of this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) "Executive branch" means and includes all departments, agencies, boards, commissions, and other instrumentalities declared by the constitution or laws of this state to constitute a part of the executive branch of state government and all such instrumentalities not declared by the constitution or by law to be within the legislative or judicial branches of state government, but does not mean or include political subdivisions, as defined by Article VI, Section 44(2) of the Louisiana Constitution of 1974.

(2) "Position of new employment" means any authorized position of employment for which a budget has been approved and an appropriation has been made or a transfer of funds effected pursuant to law, but which position has never been filled or occupied by the employment of any person.

(3) "Vacancy" means any authorized position of employment for which a budget has been approved and an appropriation has been made or a transfer of funds effected pursuant to law, and which position has been occupied previously but, due to termination of employment, is unoccupied.

Added by Acts 1980, No. 691, §1. Amended by Acts 1982, No. 395, §1.
La. Rev. Stat. § 42:1402 — LA Code / Code revised-statutes / Title 42 / Section 1402
Call of election
Status: in_force

The director of the state police service shall issue the call for an election for the classified member of the state police commission on the first Monday after November first of 1990 and every five years thereafter.

Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
La. Rev. Stat. § 42:1124.4 — LA Code / Code revised-statutes / Title 42 / Section 1124.4
Penalties
Status: in_force

A.(1) If a person fails to timely file a financial statement as required by R.S. 18:1495.7 or by R.S. 42:1124, 1124.2, 1124.2.1, or 1124.3, or a person omits any information required to be included in the statement, or the board has reason to believe information included in the statement is inaccurate, the board shall notify the person of such failure, omission, or inaccuracy by sending him by certified mail or service of process a notice of delinquency immediately upon discovery of the failure, omission, or inaccuracy.

(2) The notice of delinquency shall inform the person that the financial statement must be filed, or that the information must be disclosed or accurately disclosed, or that a written answer contesting the allegation of such a failure, omission, or inaccuracy must be filed no later than seven business days after receipt of the notice of delinquency. The notice shall include the deadline for filing the statement, filing the answer, or disclosing or accurately disclosing the information.

(3) The board shall inform the person in the notice of delinquency that failure to file the statement, to disclose or accurately disclose the information, or to file an answer contesting the allegation by the deadline may result in the imposition of penalties as provided in Subsection C of this Section.

B.(1) If the person files the statement, provides the omitted information, or corrects the inaccurate information prior to the deadline contained in the notice of delinquency, no penalties shall be assessed against the person. If the person files a written answer contesting the allegations prior to the deadline contained in the notice of delinquency, no penalties shall be assessed until a determination is made by the board that a violation occurred.

(2) If the person fails to file the statement, fails to provide the omitted information, fails to correct the inaccurate information, or fails to file a written answer prior to the deadline contained in the notice of delinquency, he may be subject to assessment of the penalties provided in Subsection C of this Section for each day until the statement, omitted information, corrected information, or written answer is filed.

(3) Upon a finding by the board in connection with a written answer that no violation has occurred, no penalties shall be assessed against the person. If the board finds in connection with a written answer that the person has failed to file the statement or failed to disclose or accurately disclose the required information, he shall be subject to assessment of the penalties provided in Subsection C of this Section for each day until the statement is filed, until the omitted information is filed, or until the inaccurate information is corrected.

C. Penalties may be assessed as follows:

(1) Five hundred dollars per day for financial statements required by R.S. 42:1124.

(2) One hundred dollars per day for statements required by R.S. 42:1124.2.

(3) Fifty dollars per day for statements required by R.S. 42:1124.2.1.

(4) Twenty-five dollars per day for statements required by R.S. 42:1124.3.

(5) The penalties to be assessed candidates shall be assessed according to which financial statement the candidate is required to file as provided in R.S. 18:1495.7.

D.(1)(a) A finding by the board after the notice provided for in Paragraph (A)(1) of this Section that a person has willfully and knowingly failed to file a statement, willfully and knowingly failed to timely file a statement, willfully and knowingly omitted information from a statement, or willfully and knowingly provided inaccurate information in a statement shall subject the person to prosecution for a misdemeanor.

(b)(i) Upon first conviction thereof, the person shall be fined not less than one thousand dollars nor more than five thousand dollars.

(ii) Upon a second or subsequent conviction for violation of the same reporting requirement, the person shall be fined not less than one thousand dollars nor more than ten thousand dollars.

(2) Any person prosecuted under this Subsection shall have a right to be tried before a jury of six persons, all of whom shall concur to render a verdict.

(3)(a) Findings pursuant to this Section shall be made by the board at a public hearing conducted for that purpose.

(b) Any public hearing conducted pursuant to this Section shall be conducted in accordance with the provisions of this Chapter no earlier than thirty days after the person who is the subject of the hearing has received notice by certified mail advising the person of the hearing date, time, and location, and advising the person that he may exercise his constitutional right to counsel and may exercise his constitutional right not to incriminate himself.

(c) The board shall provide the person who is the subject of the hearing, no later than fifteen days before the hearing, with a copy of the report of the staff to the board regarding the person's alleged failure to file or failure to timely file, a copy of all information gathered by the board related to the alleged failure to file or failure to timely file, and a copy of all potential exhibits to be introduced at the hearing.

(d) The person who is the subject of the hearing shall have the power and authority to subpoena witnesses and compel the production of books, records, and papers.

(e) The board shall, before the hearing, grant the person subject to the hearing an opportunity to submit a brief statement in response to the report of the staff.

(f) The board shall, at the election of the person subject to the hearing, permit the person to appear for the hearing or to address the board in person, by telephone, or by videoconference.

(g) The board shall, after the hearing, grant the person subject to the hearing an opportunity to address, orally or in writing, the final report of the staff, the evidence presented at the hearing, and any factual or legal issues relevant to the alleged violation by the person subject to the hearing.

(h) The hearing shall be recorded at the expense of the board.

(4) Upon finding at a public hearing a possible violation of Subsection D of this Section, the board shall forward its findings to the district attorney in the parish which is the domicile of the person who filed the report for appropriate action.

E.(1) The Board of Ethics shall post on its web site on the Internet a list of all persons who have failed to file, or failed to timely file, or who have failed to provide omitted information or failed to provide accurate information as required by this Section.

(2)(a) No person shall be included on the list unless he fails to file, to provide omitted information, or to provide accurate information by the deadline included in a notice of delinquency, nor shall he be included on the list if he has filed an answer contesting the allegations included in the notice of delinquency.

(b) A person shall be removed from the list within two business days after filing the statement or accurately disclosing the required information.

F. If a person who is required to disclose information required by R.S. 42:1124, 1124.2, 1124.2.1, or 1124.3 discovers an error or inaccuracy in the information he disclosed and files an amendment to such disclosure correcting such error or inaccuracy prior to the receipt of a notice of delinquency, no penalties shall be assessed against the person, and the board shall replace the initial disclosure with the amendment thereto in the official records of the board.

Acts 2008, 1 st Ex. Sess., No. 1, §2, eff. Jan. 1, 2009; Acts 2008, No. 162, §1, eff. Jan. 1, 2009; Acts 2008, No. 472, §1, eff. Jan. 1, 2009; Acts 2012, No. 574, §2, eff. Jan. 1, 2013; Acts 2014, No. 739, §1; Acts 2021, No. 177, §1, eff. June 11, 2021; Acts 2025, No. 301, §1, eff. June 11, 2025.
La. Rev. Stat. § 42:354 — LA Code / Code revised-statutes / Title 42 / Section 354
Dissemination of information to all elected officials, public employees, and public servants
Status: in_force

A. The commissioner of administration shall prepare a notice to be furnished to each agency head in the executive branch of state government for annual dissemination to each public servant in the executive branch of state government advising them of their potential liability if they are determined by the appropriate person in accordance with the public servant's agency policy or by a court of competent jurisdiction to have committed sexual harassment. Notice shall also be disseminated to any newly elected, appointed, or employed public servant in the executive branch of state government.

B. The Legislative Budgetary Control Council shall prepare a notice to be furnished to each agency head in the legislative branch of state government for annual dissemination to each public servant in the legislative branch of state government advising them of their potential liability if they are determined by the appropriate person in accordance with the public servant's agency's policy or by a court of competent jurisdiction to have committed sexual harassment. Notice shall also be disseminated to any newly elected, appointed, or employed public servant in the legislative branch of state government.

C. The chief justice of the supreme court shall prepare a notice to be furnished to each agency head in the judicial branch of state government for annual dissemination to each public servant in the judicial branch of state government advising them of their potential liability if they are determined by an agency head or a court of competent jurisdiction to have committed sexual harassment. Notice shall also be disseminated to any newly elected, appointed, or employed public servant in the judicial branch of state government.

Acts 2019, No. 413, §2, eff. June 20, 2019.
La. Rev. Stat. § 42:1010 — LA Code / Code revised-statutes / Title 42 / Section 1010
Referenda and certification
Status: in_force

A. With respect to each retirement system established by the state the governor is empowered to authorize a referendum, upon request of the board of trustees thereof, and with respect to each retirement system established by a political subdivision or any instrumentality of either the state or a political subdivision, the governor shall authorize a referendum upon request of the governing body of such subdivision or instrumentality; and in either case the referendum shall be conducted, and the governor shall designate an agency or individual to supervise its conduct, in accordance with the requirements of Section 218(d)(3), Section 218(d)(6)(C), and Section 218(d)(7) of the Social Security Act, on the question of whether service in positions covered by a retirement system should be excluded from or included under an agreement under this Chapter. The notice of referendum required by Section 218(d)(3)(C) and Section 218(d)(7)(B) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient, to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject if their services are included under an agreement under this Chapter. The governor may delegate signature authority to the state treasurer, who is the administrator for the state of Louisiana. The state treasurer may delegate the authority to supervise referenda as needed.

B. Upon receiving satisfactory evidence that with respect to any such referendum the conditions specified in Section 218(d)(3) of the Social Security Act have been met, the governor shall so certify to the commissioner of Social Security.

Added by Acts 1955, No. 36, §6; Acts 2004, No. 280, §1, eff. July 1, 2004.
La. Rev. Stat. § 42:22 — LA Code / Code revised-statutes / Title 42 / Section 22
Presentation and consideration of offer to sell natural gas to a public body, or to operate or acquire ownership of, a gas utility owned or operated by a public body
Status: in_force

A. For the purposes of this Section, "gas utility" means any revenue producing business or organization which is owned or operated by a public body, and which regularly supplies the public with natural gas at retail.

B. Prior to consideration or action by a public body to accept a proposal by a nonpublic entity to sell natural gas to a public body for use in its gas distribution system sales to retail customers for a term exceeding twelve months including rollovers or extensions, or to assume operation or acquire ownership of, a gas utility being operated or owned by the public body, the proposal shall:

(1) Be introduced, in writing, at an open meeting of the public body.

(2) Not be considered by the public body until notice of the proposal has been published in the official journal of the public body and at least thirty days has lapsed after the introduction of the proposal.

(3) Include a written report of the most recent five-year history of the sale of natural gas to similar public bodies for use in gas distribution system sales to retail customers for a term exceeding twelve months including rollovers or extensions by the nonpublic entity if the entity is seeking to sell natural gas to a public body for use in its gas distribution system sales to retail customers for a term exceeding twelve months including rollovers or extensions to the public body or a five-year history of the purchase price of other gas utilities operated or owned by a public body paid by the nonpublic entity if the entity is seeking to assume operation or acquire ownership of the utility. A copy of the report shall be provided to all members of the public body and be available to the public.

(4) Include any written contract or agreement proposed between the nonpublic entity seeking to sell natural gas to a public body for use in its gas distribution system sales to retail customers for a term exceeding twelve months including rollovers or extensions to, or assume operation or acquire ownership of, the gas utility and the public body. A copy of the contract or agreement shall be provided to all members of the public body and be available to the public.

C. Notice of the proposal and the availability of the written report and contract or agreement shall be published once in the official journal of the public body. The notice shall indicate the time and place where the public body will hold a public hearing and consider the proposal.

D. No proposal shall be considered until a public hearing on it has been held. No proposal can be adopted at the meeting at which it is introduced.

E. Any proposed revision or amendment of the published contract or agreement shall be noticed, published, and made available in its entirety in the same manner as required for the original contract or agreement. No such contract or agreement shall be entered into by the public body until at least thirty days have lapsed since the notice of the availability of the revised contract or agreement has been published.

Acts 2003, No. 1274, §1, eff. July 11, 2003; Acts 2010, No. 861, §23.
La. Rev. Stat. § 42:195 — LA Code / Code revised-statutes / Title 42 / Section 195
Change in salary or compensation not to discharge bonds
Status: in_force

The principal and the sureties on official bonds shall not be released or discharged by reason of any change in salaries, fees, commissions or perquisites of office, during the time for which the bond has been given.
La. Rev. Stat. § 42:397 — LA Code / Code revised-statutes / Title 42 / Section 397
Reinstatement
Status: in_force

Upon the giving of written notice by the appointive official who has been granted a leave of absence under the provisions of this Part to the governor advising that the appointive official has received his discharge from active duty and containing the further statement that he desires to again assume the duties of his appointive office, the temporary appointment made under the provisions of R.S. 42:396, shall immediately terminate, and the official shall be re-instated to his former position.
La. Rev. Stat. § 42:882 — LA Code / Code revised-statutes / Title 42 / Section 882
Composition of board
Status: in_force

A. Membership and qualifications. The board shall be composed of eleven voting members, as follows:

(1) Three members who shall be appointed by the speaker of the House of Representatives each of whom shall have a minimum of five years professional experience or fiscal expertise in the industries of health insurance, actuarial services, financial services, or banking and shall be submitted to the Senate for confirmation.

(2) Three members who shall be appointed by the president of the Senate each of whom shall have a minimum of five years professional experience or fiscal expertise in the industries of health insurance, actuarial services, financial services, or banking and shall be submitted to the Senate for confirmation.

(3) Three members who shall be appointed by the governor each of whom shall have a minimum of five years professional experience or fiscal expertise in the industries of health insurance, actuarial services, financial services, or banking and shall be submitted to the Senate for confirmation.

(4) Two members who shall be elected by retired participants in the health benefits programs offered by the Office of Group Benefits and who shall be voting members, as follows:

(a) One retiree member who shall be elected from among retired teachers or other retired school employees.

(b) One retiree member who shall be elected from among retired state employees.

(c) Members elected as provided in this Paragraph shall have been continuous full-time employees for a minimum of five years as a state employee or as a teacher or other school employee, respectively, and shall be submitted to the Senate for confirmation.

B. Terms. The terms of the members of the board shall be as follows:

(1) Each of the members as provided in Paragraphs (A)(1) and (2) of this Section shall serve a four-year term concurrent with the term of office of the speaker of the House of Representatives or the president of the Senate, respectively.

(2) Each of the members of the board appointed by the governor as provided in Paragraph (A)(3) of this Section shall serve a term of six years. No such person shall be appointed to serve more than two terms.

(3) The two elected members elected pursuant to Paragraph (A)(4) of this Section shall serve a term of six years. No such person shall be elected to serve more than two terms. The board shall adopt rules and regulations to govern the election of these members.

C. Confirmation. All members appointed by the governor shall be subject to Senate confirmation at the first regular session of the legislature following their appointment.

D. Vacancies. (1) With the exception of the members elected pursuant to Paragraph (A)(4) of this Section, any vacancy in the membership of the board shall be filled in the same manner as the original appointment for the remainder of the unexpired term.

(2) In the event of a vacancy of a member elected pursuant to Paragraph (A)(4) of this Section, the board shall fill the vacancy by appointment for the unexpired portion of the term unless the unexpired portion of the term is for a period of more than two years, in which case the appointment shall be until a successor is elected to fill the unexpired portion of the term. Such appointments and elections shall be in accordance with rules adopted and promulgated by the board and subject to confirmation by the Senate.

(3) In the event that no person qualifies to run for one or more elected positions pursuant to Paragraph (A)(4) of this Section, the remaining members of the board shall fill the position by appointment. The board shall promulgate rules, in accordance with the Administrative Procedure Act, to implement the provisions of this Paragraph.

E. Attendance. In the event that any member of the board is absent from three consecutive scheduled board and committee meetings, the board shall declare a vacancy in that position. Such vacancy shall be filled as provided in Subsection D of this Section. Nothing in this Subsection shall be construed to prohibit the reappointment or reelection of any person removed pursuant to this Subsection.

Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2015, No. 146, §2, eff. Jan. 1, 2016; Acts 2018, No. 676, §1.
La. Rev. Stat. § 42:1411 — LA Code / Code revised-statutes / Title 42 / Section 1411
Public officer; ground for removal; suspension; definitions
Status: in_force

A. A public officer shall be removed from office for conviction, during his term of office, of a felony.

B. The conviction for a felony of a public officer shall automatically suspend that individual from his public office without compensation. The suspension from public office without compensation shall continue until the conviction is final and all appellate review of the original trial court proceedings is exhausted. During the period of suspension, the public official shall not perform any official act, duty, or function nor shall he receive any compensation, pay, allowance, emolument, or privilege of his office. If the conviction is reversed on appeal, the public official shall be entitled to and shall receive full back pay with legal interest thereon from the date of suspension, compensation, and all rights, duties, powers, allowances, emoluments, and privileges of office to which he would have been entitled had he not been suspended.

C. During this period of suspension, another person shall be appointed to perform the official acts, duties, and functions of that office during the period of suspension. Any person appointed to perform these official acts, duties, and functions shall serve in his appointed capacity until the conviction of the public official is reversed on appeal or until expiration of the term of office of the suspended public official, whichever occurs first. Every person appointed under the provisions of this Section shall receive the same pay, compensation, allowances, emoluments, and privileges of the office to which he is appointed as the suspended public official received prior to his suspension.

D. No person appointed under the provisions of this Section shall be eligible in the next election as a candidate for the office to which he is appointed, except as provided in R.S. 18:602(E)(1).

E. Except as provided in this Subsection, if any public official except the governor or lieutenant governor is suspended under the provisions of this Section, the governor shall appoint another person to perform the official acts, duties, and functions of that office during the period of suspension. If the public official suspended under the provisions of this Section is a statewide elected official, other than the governor or lieutenant governor, the first assistant appointed under the provisions of Art. IV, Section 13 of the Constitution of Louisiana shall serve in the position during the period of suspension. Notwithstanding any provision to the contrary in this Section, if the public official suspended is a member of the legislature, no other person shall be appointed under the provisions of this Section to perform any official act, duty, or function of the suspended legislator. If the public official is a member of a parish or municipal governing authority, or combination thereof, or a mayor or any other local or municipal office, except as provided in this Subsection, the governing authority of the local governmental subdivision where the vacancy occurs shall appoint a person to perform the official acts, duties, and functions of the person suspended. If the official suspended is a member of a city or parish school board, the remaining members of the school board shall appoint the person to perform the official acts, duties, and functions of the person suspended. If the person suspended is a district attorney, clerk of a district court, coroner, sheriff, or tax assessor, then his first assistant or deputy shall perform his official acts, duties and functions as provided in R.S. 18:602(C).

F. Any person appointed to perform the official acts, duties, and functions of a public official suspended under the provisions of this Section shall have the same qualifications required by law to hold the office as the public official under suspension and he shall post any bond as may be required by law for that office.

G. For purposes of this Chapter, the term "felony" includes both a felony under the laws of this state and a felony under the laws of the United States. For purposes of this Chapter, the term "public officer" means any person holding a public office, whether state, district, parochial, ward, or municipal, whether the person is elected or appointed except judges of the courts of record.

Added by Acts 1976, No. 628, §1. Amended by Acts 1981, No. 601, §1; Acts 1985, No. 994, §1; Acts 1990, No. 892, §2.
La. Rev. Stat. § 42:3 — LA Code / Code revised-statutes / Title 42 / Section 3
Limitation of terms of employees or officials elected by boards; exceptions
Status: in_force

The term of office of all employees or officials elected by any state, district, parochial or municipal board shall not be for a longer period of time than the term of office of the membership of the board electing them so that each respective board shall elect its own officers and employees. This Section does not apply to the officers or employees of any board governed by a civil service law of this state or of any parish or municipality thereof.
La. Rev. Stat. § 42:23 — LA Code / Code revised-statutes / Title 42 / Section 23
Audio and video recordings; live broadcast
Status: in_force

A. All of the proceedings in a public meeting may be video or tape recorded, filmed, or broadcast live.

B.(1) Each nonelected board or commission that has the authority to levy a tax shall video or audio record, film, or broadcast live all proceedings in a public meeting.

(2)(a)(i) The parish governing authority in a parish with a population of twenty-five thousand or more shall broadcast live all of its proceedings in public meetings, including the parish governing authority's committee meetings.

(ii) Each school board in a parish with a population of twenty-five thousand or more shall broadcast live all of its proceedings in public meetings, including the school board's committee meetings.

(iii) Each governing authority of a municipality with a population of ten thousand or more shall broadcast live all city council meetings including city council committee meetings. There is no requirement to broadcast a committee meeting where members are volunteers.

(b) For purposes of this Paragraph, "broadcast live" means the publicly available distribution of audio and video of a meeting in real or near real time via the internet or television broadcast.

(c) The failure of a public body to broadcast live as required by this Paragraph due to a technological failure beyond the control of the public body or beyond its ability to resolve timely is not a violation of the provisions of this Chapter.

(d) The requirement in this Paragraph for a public body to broadcast its meetings does not apply to any executive session held in accordance with this Chapter.

C. A public body shall establish standards for the use of lighting, recording, or broadcasting equipment to ensure proper decorum in a public meeting.

Added by Acts 1952, No. 484, §1. Amended by Acts 1972, No. 669, §1; Acts 1989, No. 172, §1; Acts 2010, No. 861, §23; Acts 2013, No. 363, §1, eff. June 17, 2013; Acts 2024, No. 539, §1.
La. Rev. Stat. § 42:1441 — LA Code / Code revised-statutes / Title 42 / Section 1441
Limitation on the liability of the state of Louisiana; indemnification
Status: in_force

A. The state of Louisiana shall not be liable for any damage caused by a district attorney, except as provided in Subsection D of this Section, a coroner, assessor, sheriff, clerk of court, except as provided in Subsection E of this Section, or public officer of a political subdivision within the course and scope of his official duties, or damage caused by an employee of a district attorney, except as provided for in Subsection D of this Section, a coroner, assessor, sheriff, clerk of court, except as provided in Subsection E of this Section, or public officer of a political subdivision.

B. The provisions of Subsection A of this Section are not intended to and shall not be construed to affect any personal liability which may arise from damage caused by any public officer of a political subdivision, or by a district attorney, coroner, assessor, sheriff, clerk of court, or the employee of any such public officer, nor shall the provisions of said Subsection A be construed to amend or repeal R.S. 13:5108.1.

C. For the purposes of this Section, "political subdivision" means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions.

D.(1) The state of Louisiana shall indemnify a district attorney and his office against any claim, demand, suit, complaint, or petition in a federal court based on allegations of the constitutional validity of a statute when the district attorney or his office has taken no action to institute prosecution by filing a bill of information or an indictment. The attorney general may, in exercising his discretion under R.S. 49:257(C), defend the district attorney or his office.

(2) When the attorney general has assumed the defense of a district attorney or his office, at any point in the litigation, before a judgment is final and executable, the attorney general, in concurrence with the governor, and the district attorney pursuant to R.S. 49:257(D), may enter into a settlement or compromise to resolve the litigation by means of a consent judgment.

(3) Payment of a final judgment or consent judgment shall be by legislative appropriation. Payment of a final judgment or consent judgment, of any amount, against a district attorney or his office shall not be made unless the payment is approved by a majority of members of a subcommittee of the Joint Legislative Committee on the Budget comprised of three members of the Senate and three members of the House designated by the chairman. Notwithstanding any other provision of law to the contrary, the subcommittee may meet in executive session to consider such agreements.

(4) The district attorney, or the attorney general, if the attorney general assumed the defense of the claim shall present the subcommittee with a concise abstract of the facts and principles of law upon which the claim is based. The abstract shall include a detailed analysis of the calculation of damages as well as attorney fees, court costs, and interest thereon. The abstract and other information submitted to the subcommittee shall be public record, with the exception of material that reflects the mental impressions, conclusions, opinions, or theories of an attorney.

(5) The amount of the final or consent judgment and terms and conditions of any agreement shall be public record.

E.(1) The state of Louisiana shall indemnify any clerk of court or any employee of his office against any claim, demand, or suit when the allegation is based on a challenge of the constitutional validity of a statute and when the clerk of court is acting in accordance with state law.

(2) Payment of a final judgment or consent judgment shall be by legislative appropriation. The payment of a final judgment or consent judgment, of any amount, against any clerk of court or any employee of his office shall not be made unless the payment is approved by a majority of members of a subcommittee of the Joint Legislative Committee on the Budget, comprised of three members of the Senate and three members of the House of Representatives as designated by the chairman. Notwithstanding any other provision of law to the contrary, the subcommittee may meet in executive session to consider such agreements.

(3) The clerk of court shall present the subcommittee with a concise abstract of the facts and principles of law upon which the claim is based. The abstract shall include a detailed analysis of the calculation of damages as well as attorney fees, court costs, and interest thereon. The abstract, the amount of the final or consent judgment, any terms and conditions of any agreement, and any other information submitted to the subcommittee shall be public record, with the exception of any material that reflects the mental impressions, conclusions, opinions, or theories of an attorney.

Added by Acts 1978, No. 318, §2; Acts 2017, No. 414, §1; Acts 2018, No. 594, §1, eff. May 28, 2018.
La. Rev. Stat. § 42:405 — LA Code / Code revised-statutes / Title 42 / Section 405
Mandamus proceedings to enforce reinstatement
Status: in_force

Mandamus proceedings to enforce the provisions of this Part may be instituted in the district court of the residence of the applicant, or in the district court of the location of the principal office of the state unit involved, at the election of the applicant.
La. Rev. Stat. § 42:281 — LA Code / Code revised-statutes / Title 42 / Section 281
Officers to render account of contingent fund
Status: in_force

Every officer for the benefit of whose office there is a contingent fund appropriated shall render a detailed statement to the legislature at each regular session, showing what disposition has been made of the fund.
La. Rev. Stat. § 42:77 — LA Code / Code revised-statutes / Title 42 / Section 77
Personal right of action
Status: in_force

In the cases provided in R.S. 42:76(1) and 42:76(2), the action may be brought by any person demanding possession of the office against any person claiming or exercising the functions of the office.
La. Rev. Stat. § 42:206 — LA Code / Code revised-statutes / Title 42 / Section 206
Premium on bonds, how paid
Status: in_force

All state boards or commissions, or institutions whose employees are required to give a bond in favor of the state shall pay the premium on the bond.
La. Rev. Stat. § 42:87 — LA Code / Code revised-statutes / Title 42 / Section 87
Discontinuance of contests
Status: in_force

Whenever there is pending in any court of this state, an untried suit wherein the title to or possession of any office is involved, regardless of the nature of the pleadings, it may be discontinued by the plaintiff upon payment of costs.
La. Rev. Stat. § 42:1141.3 — LA Code / Code revised-statutes / Title 42 / Section 1141.3
Location of hearings
Status: in_force

The Board of Ethics, a panel thereof, or the Ethics Adjudicatory Board may conduct any hearing provided in this Chapter in the parish wherein the public servant or person alleged to have violated any provision of law within the jurisdiction of the Board of Ethics resides, or in the parish of the official domicile of any office or employment held by the person who is the subject of the investigation or complaint, or in the parish of domicile of the Board of Ethics or the Ethics Adjudicatory Board.

Acts 2012, No. 608, §1, eff. June 7, 2012.

NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
La. Rev. Stat. § 42:1123.1 — LA Code / Code revised-statutes / Title 42 / Section 1123.1
Exception; operation of hospital owned by Hospital Service District Number Two of Beauregard Parish
Status: in_force

The provisions of this Chapter shall not apply to a nonprofit entity operating a hospital in a building or facility owned by Hospital Service District Number Two of Beauregard Parish.

Acts 2013, No. 411, §1.

NOTE: See Acts 2013, No. 411, §2 relative to applicability.
La. Rev. Stat. § 42:1441.4 — LA Code / Code revised-statutes / Title 42 / Section 1441.4
Legislative findings and purposes
Status: in_force

With respect to the nonliability situations set forth in this Chapter as well as the master-servant tort liability provisions contained in this Chapter, the legislature finds and states that:

(1) The intent of the Civil Code Article 2320 and other laws imposing liability on a master for the offenses and quasi offenses of his servant can be found implied in the traditional interpretation and application thereof, in much the same manner as explained in Blanchard v. Ogima, 253 La. 34, 215 So.2d 902 (1968), the same with respect to the relationships between governmental bodies politic and their respective officers and employees as it is with respect to relationships among private individuals.

(2) Such cases as Foster v. Hampton, 352 So.2d 197 (La. 1977) and 381 So.2d 789 (La. 1980); Mullins v. State, 387 So.2d 1151 (La. 1980), and Hryhorchuk v. Smith, 390 So.2d 497 (La. 1980), represent misinterpretations and misapplications of Civil Code Article 2320 and other laws imposing liability on a master for the offenses and quasi offenses of his servant.

(3) The intent and purpose of the provisions contained in this Chapter relative thereto are to restore to the legislatively created Civil Code Article 2320 and other laws imposing such master-servant liability the true legislatively intended meaning, interpretation, and application deviated from in such relationships, circumstances, and cases as reported in Foster v. Hampton, Mullins v. State, and Hryhorchuk v. Smith, supra.

(4) The intent, purpose, and effect of such provisions in this Chapter are not to attempt a reestablishment of any governmental immunity based on the status of sovereignty of any government, but rather to correct the legislatively created substantive law, in much the same manner as such provisions were correctly interpreted and upheld in Martinez v. Reynolds, 398 So.2d 156 (La. App. 3rd Cir. 1981), and Sullivan v. Quick, 406 So.2d 284 (La. App. 3rd Cir. 1981).

(5) The liability of government should be no greater than that of private individuals.

(6) That those legislatively created substantive laws which are misinterpreted and misapplied to result in such greater governmental liability can and should be corrected to the same extent and for the same relationships wherein they were erroneously interpreted and applied.

Acts 1985, No. 451, §1; Acts 1995, No. 828, §4, eff. Nov. 23, 1995.
La. Rev. Stat. § 42:19.1 — LA Code / Code revised-statutes / Title 42 / Section 19.1
Procedure for the proposal, increase, renewal, or continuation of a tax or for calling an election for such purposes by political subdivisions
Status: in_force

A.(1) Except as provided for in Paragraph (2) of this Subsection, in addition to any other requirements provided for in R.S. 42:19 or other provisions of law, public notice of the date, time, and place of any meeting at which a political subdivision as defined in Article VI, Section 44(2) of the Constitution of Louisiana intends to propose a new ad valorem property tax or sales and use tax, or increase or renew any existing ad valorem property tax or sales and use tax, and authorize the calling of an election for submittal of such question to the voters of the political subdivision shall be published in the official journal of the political subdivision no more than sixty days nor less than twenty days before such public meeting; shall be announced to the public during the course of a public meeting of such political subdivision no more than sixty days nor less than twenty days before such public meeting; and notice of such meeting shall be written and hand delivered or transmitted by email to each voting member of any governing authority of a political subdivision that is required to approve such a measure previously adopted by another governing authority and to each state senator and representative in whose district all or a portion of the political subdivision is located, no more than sixty days nor less than twenty days before such public meeting. Email delivery shall be made to the official email address of such voting members or legislators and to any other address provided in writing to the political subdivision by such a voting member or legislator. The inadvertent failure to notify a state senator or representative as required by this Subsection shall not constitute a violation of this Section; however, the knowing failure to notify a state senator or representative as required by this Subsection or the willful disregard of the requirement to notify a state senator or representative as required by this Subsection shall constitute a violation of this Chapter.

(2) If at a meeting held in accordance with Paragraph (1) of this Subsection a political subdivision adopts such a measure, the provisions of this Section shall not apply to a subsequent meeting of such political subdivision if the only action taken at the subsequent meeting is one which results in a change to the previously adopted measure that reduces the rate or term of the tax in the measure and thereby reduces the total amount of tax that would be collected under the measure, or substantially reduces the cost to the political subdivision of any bond or debt obligation to be incurred by the political subdivision.

B.(1) In the event of cancellation or postponement of a meeting at which consideration of or action upon a proposal to increase, renew, or continue any ad valorem or sales and use tax and authorize the calling of an election for submittal of such questions to the voters of the political subdivision was scheduled, notice of the date, time, and place of any subsequent meeting to consider such proposal shall be published in the official journal of the political subdivision no less than ten days before such subsequent meeting.

(2) However, in the event that consideration of or action upon any such proposal was postponed at the scheduled meeting, or any such proposal was considered at the scheduled meeting without action or vote, then any subsequent meeting to consider such proposal shall be subject to the requirements of Paragraph (1) of this Subsection.

Acts 2013, No. 267, §1; Acts 2014, No. 694, §1, eff. Aug. 1, 2014; Acts 2014, No. 791, §15; Acts 2018, No. 486, §1.
La. Rev. Stat. § 42:2 — LA Code / Code revised-statutes / Title 42 / Section 2
Public officer to hold office until successor inducted
Status: in_force

Every public officer in this state except in case of impeachment or suspension shall continue to discharge the duties of his office until his successor is inducted into office.

Amended by Acts 1975, No. 103, §1; Acts 2008, No. 875, §1; Acts 2016, No. 71, §1, eff. May 10, 2016.
La. Rev. Stat. § 42:197 — LA Code / Code revised-statutes / Title 42 / Section 197
Amount of liability may be stipulated
Status: in_force

The sureties on all bonds given by all public officers may stipulate the amount for which they will severally become liable. This Section does not apply to sureties on the bonds of the State Treasurer and the State Auditor.
La. Rev. Stat. § 42:302 — LA Code / Code revised-statutes / Title 42 / Section 302
Temporary appointment during suspension
Status: in_force

Whenever the governor suspends any officer under R.S. 42:301, he shall immediately appoint some person having the legal qualifications to perform the functions of the office during the suspension. The person so appointed shall take the oath and give the bond required by law, and shall exercise and perform all the powers and duties of the office.
La. Rev. Stat. § 42:401 — LA Code / Code revised-statutes / Title 42 / Section 401
Reinstatement after military service
Status: in_force

All officers and employees of the state, entering the military service of the United States since September 16, 1940, shall be restored, upon proper application, to the former position or employment or office held with the state at the time of entering military service, or reinstated to a position of like seniority, status and pay when the officer or employee is relieved from the military service, upon honorable discharge or discharge upon honorable conditions.
La. Rev. Stat. § 42:1303 — LA Code / Code revised-statutes / Title 42 / Section 1303
Powers and duties
Status: in_force

The commission shall have the following powers and duties:

(1) To select the investments and to enter into contracts with the providers of such investments.

(2) To select the administrator, to enter into a contract with such firm and to do all such things as may be required in order to insure proper administration of the plan. In exercising this function, the commission shall act only after soliciting proposals from interested firms in accordance with specifications prepared by the commission. The preceding sentence notwithstanding, the commission may enter into a contract, without the necessity of soliciting proposals, with a nonprofit corporation whose membership is limited to participants and is open to all participants. The commission shall require the administrator to furnish bonds of the type and amount deemed appropriate by the commission.

(3) To choose the custodial financial institution(s) and to enter into appropriate contract(s) with such institution(s).

(4) To sue and be sued.

(5) To evaluate annually the performance of the administrator and of the investment products. Such evaluation shall include the administrator's performance in the handling of hardship applications. The commission shall take such action as is indicated by such evaluation. The results of each evaluation shall be made a part of the annual report referred to in Paragraph (9) of this Section.

(6) To agree by contract with any person to defer, in accordance with Section 457 of the United States Internal Revenue Code, as amended, future compensation which, except for the terms of the contract, would have been payable to such person, and to provide for any and all other available benefits under Section 457.

(7) To make use of the expertise, knowledge, and resources of any state officer, employee, or agency.

(8) To maintain minutes of all meetings, which minutes shall be available for inspection in the office of the state treasurer during regular office hours.

(9) To prepare and make available to participants an annual report concerning the status of the plan, which report shall supply information such as rates of return on, or performance of, investment products.

(10) To establish procedures for the processing of applications for withdrawal or deferral modification based upon hardship.

(11) To make, amend, repeal, and promulgate necessary rules, and to do such other things, not inconsistent with law, as are necessary to perform properly the powers and duties vested in it.

Added by Acts 1972, No. 623, §1. Amended by Acts 1974, No. 410, §1; Acts 1976, No. 132, §1; Acts 1978, No. 684, §1; Acts 1979, No. 233, §1; Acts 1981, No. 308, §2; Acts 1981, No. 550, §1; Acts 1982, No. 1, §1, eff. May 6, 1982; Acts 1984, No. 48, §1; Acts 2004, No. 393, §1, eff. June 23, 2004.
La. Rev. Stat. § 42:802.1 — LA Code / Code revised-statutes / Title 42 / Section 802.1
Benefit plans for provision of coverage through a fully insured product provided by a health maintenance organization domiciled in Louisiana
Status: in_force

A. In the development of contracts for health insurance plans intended to be offered in each of the office's regions, the office shall utilize a solicitation for proposals or other competitive process to determine whether there exists a Louisiana HMO which is licensed and authorized to sell insurance in that region. In the event that a Louisiana HMO submits a competitive offer, proposal, bid, or other response to such solicitation, then the office shall include that Louisiana HMO in its plan of benefits for that region. However, if more than three different Louisiana HMOs submit competitive offers, proposals, or bids for a region, then the office shall select at least three Louisiana HMOs for inclusion in the plan of benefits for that region. The selection shall be based on a comparison of the quotes of each competitor for coverage of an active single insured which have been adjusted to an actuarially equivalent basis.

B. The contract between the office and a Louisiana HMO or any other insurer with respect to inclusion of its insurance products in the office's plan of benefits for a region shall contain terms which provide for equal employer contributions. With respect to insureds who select a Louisiana HMO for their coverage, there shall be no extraordinary restrictions placed on their plan participation due to their selection of the Louisiana HMO.

C. As used in this Section, the term "Louisiana HMO" means a health maintenance organization which meets all of the following criteria:

(1) Offers fully insured commercial and/or Medicare Advantage products.

(2) Is domiciled, licensed, and operating within the state.

(3) Maintains its primary corporate office and at least seventy percent of its employees in the state.

(4) Maintains within the state its core business functions which include utilization review services, claim payment processes, customer service call centers, enrollment services, information technology services, and provider relations.

D. The provisions of this Section shall apply to all plan years beginning with Fiscal Year 2007-2008.

E. No provision of this Section shall require the Office of Group Benefits to utilize any insurance product that increases costs to the plan of benefits as determined by the independent actuarial process, all parties being represented. The comparison shall be based on at least twelve months experience beginning no earlier than January 1, 2008. All reasonable cost for the independent actuary shall be the responsibility of the health insurance provider which is the subject of such actuarial determination and not the Office of Group Benefits. The Office of Group Benefits shall arrange for this comparison and future comparisons at no more frequent intervals than annually.

Acts 2007, No. 479, §1, eff. July 19, 2007.

NOTE: See Acts 2007, No. 479, §2, regarding extraordinary or additional employee enrollment period for FY 2007-2008.
La. Rev. Stat. § 42:163 — LA Code / Code revised-statutes / Title 42 / Section 163
Public officers; date salary commences
Status: in_force

The salary of any officer in this state whose compensation depends upon or is to be computed by time of service shall commence from the date on which he took the oath of office, or, where the oath is taken in compliance with Section 141 of Title 42, from the effective date as set therein.

Amended by Acts 1978, No. 437, §1; Acts 1979, No. 652, §2.
La. Rev. Stat. § 42:1011 — LA Code / Code revised-statutes / Title 42 / Section 1011
Effective date of agreement or modification for coverage
Status: in_force

In order to extend on the broadest possible basis to employees of the state and its political subdivisions and to the dependents and survivors of said employees the basic protection accorded to other employees by the federal old age, survivors, disability insurance, and health insurance coverage embodied in the Social Security Act, as amended, an agreement or modification for coverage pursuant to Section 218(d)(3) executed after June 26, 1961, may be made retroactive to a date as early as the first day of the fifth calendar year before the year in which the agreement or modification is executed. An agreement or modification for coverage pursuant to Section 218(d)(6) and Section 218(d)(7) may be made retroactive to a date as early as January 1, 2003.

Acts 1961, No. 27, §1; Acts 2004, No. 280, §1, eff. July 1, 2004.
La. Rev. Stat. § 42:1441.2 — LA Code / Code revised-statutes / Title 42 / Section 1441.2
Nonimposition of master-servant liability on state by Civil Code Article 2320 and other laws for torts of parish officials; insurance coverage; interlocal risk management programs
Status: in_force

A. Civil Code Article 2320 and other laws imposing liability on a master for the offenses and quasi offenses of his servant shall not extend or apply to and shall not impose liability upon the state for the offenses and quasi offenses of any of those public officers named in Article V, Sections 26, 27, 28, and 29, and Article VII, Section 24, of the Constitution of Louisiana or any of their officers, deputies, assistants, employees, appointees, designees, or representatives.

B. Such public officers shall, by commercial insurance carriers, by self-insurance funds, by joining an interlocal risk management program, or by a combination of any two or more of them, secure general liability insurance coverage on themselves and on their officers, deputies, assistants, employees, appointees, designees, and representatives in amounts of not less than twenty thousand dollars per injured person. Such public officers may secure this insurance coverage themselves or through their respective associations. For purposes of being able to form new interlocal risk management programs or to join existing ones, the office of each such public officer in each parish of the state shall be deemed to be a separate "local governmental subdivision", and each association of such public officers and each combination of such associations shall be deemed to qualify as an "interlocal risk management agency", all within the meanings set forth in R.S. 33:1342.

Acts 1985, No. 451, §1; Acts 1989, No. 364, §1, eff. June 28, 1989; Acts 1995, No. 828, §4, eff. Nov. 23, 1995.

{{NOTE: SEE ACTS 1989, NO. 364, §2.}}
La. Rev. Stat. § 42:421 — LA Code / Code revised-statutes / Title 42 / Section 421
Annual leave; limitation on amount of payment in lieu thereof
Status: in_force

A. No officer or ex-officer of the state or of any state agency, appointed by the governor shall be paid anything by the state or any state agency for any time which may elapse after separation from his office or employment either under the guise of paying for annual leave which accrued to and was unused by him prior to separation or under any other guise whatsoever.

B. No limitation shall be placed upon the amount of annual leave which any employee of the state or of any state agency may accrue during the period of his employment; provided, however, that any employee of the state or of any state agency shall accrue annual leave at the same rate as is provided for members of the classified service of the state by the Civil Service Commission; and provided, further, that any employee or ex-employee of the state or of any state agency may be paid for accrued annual leave amounting to the same maximum as is provided for members of the classified service of the state by the Civil Service Commission as approved by the governor after his separation from his office or employment if the annual leave has been accrued under established leave regulations and an attendance record has been maintained for the employee by his supervisor. When an employee covered by this Subsection retires, or whenever any such employee dies while still a member of any retirement system to which the state contributes in whole or in part and before retirement, leaving a surviving spouse or dependent or both who are entitled to benefits from said system, his unused accumulated annual leave in excess of the amount for which payment is received, as above provided, shall be added to his membership service. The employee's unused accumulated annual leave shall not be used to determine eligibility for retirement, but shall be credited to the member only after it is determined that the member is otherwise eligible for retirement.

Amended by Acts 1952, No. 300, §1; Acts 1962, No. 375, §1; Acts 1964, No. 405, §1; Acts 1966, No. 492, §1; Acts 1968, No. 564, §1; Acts 1974, No. 241, §1, emerg. eff. July 12, 1974; Acts 1977, No. 475, §2, eff. July 13, 1977.
La. Rev. Stat. § 42:15 — LA Code / Code revised-statutes / Title 42 / Section 15
School board meetings; public comment
Status: in_force

A. Notwithstanding any other law to the contrary, each school board subject to the provisions of this Chapter, except as provided in Subsection B of this Section, shall allow public comment at any meeting of the school board prior to taking any vote. The comment period shall be for each agenda item and shall precede each agenda item.

B. The Orleans Parish School Board, at any meeting of the school board, shall provide an opportunity for public comment subject to reasonable rules, regulations, and restrictions as adopted by the school board.

C. For purposes of this Section, a comment period for all comments at the beginning of a meeting shall not suffice to meet the requirements of Subsection A or Subsection B of this Section.

Acts 1997, No. 895, §1, eff. July 10, 1997; Acts 2005, No. 474, §1; Acts 2010, No. 861, §23; Acts 2011, 1 st Ex. Sess., No. 35, §1.
La. Rev. Stat. § 42:821 — LA Code / Code revised-statutes / Title 42 / Section 821
Authority for employee benefit programs; payment of premiums out of appropriated funds
Status: in_force

A.(1)(a) The state of Louisiana, through the Office of Group Benefits, and each of its governmental and administrative subdivisions, departments, or agencies of the executive, legislative, or judicial branches, and the governing boards and authorities of each state university, college, or each public elementary and secondary school system in this state are authorized to:

(i) Procure private contracts of group life and group accidental death and dismemberment insurance covering their respective employees, officials, and department heads or any class or classes thereof, and the dependents of such employees, officials, or department heads; or

(ii) Adopt, administer, or operate or contract for all or a portion of the administration, operation, or both, of a self-funded program for that purpose.

(b) Each such private contract or self-funded program, the premiums of which are paid in whole or in part with state funds, shall be approved by the Office of Group Benefits; except that any city or parish school board may enter into such private contract or self-funded program without approval. The employee or retiree eligibility provided in such private contract or self-funded program must be identical to the eligibility provided in the Office of Group Benefits programs.

(c) The contribution by the state or any other entity herein enumerated in all cases shall not be less than fifty percent of the total premium out of funds contributed by the state.

(2) The contributions of employees, officials, or department heads to the premiums for such benefits may be deducted by the employer from the salaries of the employees, officials, or department heads when authorized in writing by the respective persons. However, the amount paid toward the premium by the state or any of its governmental and administrative subdivisions, departments, or agencies and the governing boards and authorities of each state university, college, or public elementary and secondary school system, or of any other agency or subdivision of the public school system of the state, shall be subject to the approval of the office.

(3) No reductions of state contributions shall be made on contracts heretofore written and continued in force, and, in addition, the premiums shall be paid out of funds appropriated for the purpose and included in the respective budgets of the state or other entity.

(4)(a) Nothing herein shall be construed as limiting the authority of the office to adopt, administer, or operate or to contract for all or a portion of the administration, operation, or both of a self-funded program.

(b) Under any such self-funded program the board, for purposes of establishing rates and premiums, may group risks into one or more classifications. The rates and premiums adopted for each classification shall take into consideration the loss experience in the classification as well as other relevant factors. The rates so fixed shall not be excessive, inadequate, or unfairly discriminatory and shall be uniform within each classification.

(5) Notwithstanding any provision of law to the contrary, nothing herein shall be construed to exclude city and parish school board members from eligibility for participation as provided in R.S. 17:1223.

(6) Notwithstanding any provision of law to the contrary, any eligible entity which elects to participate in the health and accident insurance coverage as provided in Part III of Chapter 12 of Title 42 of the Louisiana Revised Statutes of 1950 shall also participate in the group life insurance coverage as provided in this Part.

B.(1) For the purposes of this Section, teachers and all other school board employees and those former employees now retired shall be considered state employees and shall be entitled to participate in the Office of Group Benefits programs if no local group policy or program is in effect for school board employees. If a local group policy is in effect for school board employees, those employees may participate in a state employee group policy or program only if a majority of the insured group vote to dissolve their local group policy participation and participate in a state employee group plan; however, any school board desirous of participating in said group policy or program shall meet the participation requirements established by the office.

(2) School boards may pay from local funds any portion of the cost of the group policy.

(3) Nothing in this Section shall be construed to require any school board to use local funds to pay all or any portion of the cost of the group policy for participating former employees now retired.

C. Each retiree who was a member of the Office of Group Benefits programs or its predecessor prior to retirement and who had life insurance coverage for a dependent spouse prior to retirement shall be allowed to retain dependent life insurance coverage for the dependent spouse after retirement in the amount of one thousand, two thousand, or four thousand dollars at the option of the employee, without regard to age.

Acts 2001, No. 767, §1, eff. June 26, 2001; Acts 2001, No. 1178, §5, eff. June 29, 2001.

NOTE: See Acts 2001, No. 767, §3.
La. Rev. Stat. § 42:1267 — LA Code / Code revised-statutes / Title 42 / Section 1267
Required training; cybersecurity
Status: in_force

A.(1) The Department of State Civil Service shall institute, develop, conduct, and otherwise provide for training programs designed to keep state agencies safe from cyberattack. The programs shall be designed to focus on forming information security habits and procedures that protect information resources and teach best practices for detecting, assessing, reporting, and addressing information security threats. The department may make the training available as an online course. The office of technology services shall provide assistance to the Department of State Civil Service in the development of the training program. The cost of instituting, developing, conducting, and otherwise providing cybersecurity awareness training shall be paid in the manner established by R.S. 42:1383.

(2) The Department of State Civil Service shall make the education and training on cybersecurity developed pursuant to Paragraph (1) of this Subsection available to agencies within political subdivisions of the state at as minimal cost as possible to assist those agencies in compliance with the provisions of this Section.

B.(1) Each state and local agency shall identify employees or elected officials who have access to the agency's information technology assets and require those employees and elected officials to complete cybersecurity training. Each new state and local agency official or employee with access to the agency's information technology assets shall complete this training within the first thirty days of initial service or employment with the agency.

(2) The agency head shall verify and report to the Department of State Civil Service on the completion of cybersecurity training by agency employees. The agency head shall periodically require an internal review to ensure compliance.

(3)(a) An agency shall require any contractor who has access to state or local government information technology assets to complete cybersecurity training during the term of the contract and during any renewal period.

(b) Completion of cybersecurity shall be included in the terms of a contract awarded by a state or local government agency to a contractor who has access to its information technology assets.

(c) The person who oversees contract management for the agency shall report each such contractor's completion to the agency head and periodically review agency contracts to ensure compliance.

(d) The agency head shall verify and report to the Department of State Civil Service on the completion of cybersecurity training by each such contractor.

Acts 2020, No. 155, §1, eff. June 9, 2020; Acts 2020, 2 nd Ex. Sess., No. 33, §1.
La. Rev. Stat. § 42:456.2 — LA Code / Code revised-statutes / Title 42 / Section 456.2
Permitted withholding; Louisiana Student Tuition Assistance and Revenue Trust Kindergarten Through Grade Twelve Program
Status: in_force

A. Notwithstanding any law, rule, or regulation to the contrary, any employee of the state or of a political subdivision in the state may authorize his employing department, office, or agency to withhold from his salary a specific amount for such pay periods as may be designated, for deposit into an education savings account as provided for by R.S. 17:3100.1 et seq., relative to the Louisiana Student Tuition Assistance and Revenue Trust Kindergarten Through Grade Twelve Program, referred to in this Section as the "START K12 Program".

B. Distribution of funds to a START K12 Program education savings account shall be made based upon the payroll deduction collection record of the department, office, or agency.

C. No withholding may be made from the earnings of any employee for the purposes permitted by this Section unless the withholding is specifically and voluntarily authorized by the employee in writing. Any amount withheld in accordance with the provisions of this Section shall be remitted to the START K12 Program on a regularly scheduled basis as prescribed by rules adopted in accordance with the Administrative Procedure Act by the Louisiana Tuition Trust Authority.

Acts 2018, No. 687, §3, eff. May 30, 2018.
La. Rev. Stat. § 42:290 — LA Code / Code revised-statutes / Title 42 / Section 290
Filing of information on employees; exceptions; penalties
Status: in_force

A. The appointing authority of each agency, board, commission, department, or other entity in the executive branch of state government shall file with the Department of State Civil Service the name, address, position, date of employment, place of employment, hours of work, and salary or per diem of each unclassified employee under its jurisdiction. Thereafter, within thirty days of employment, termination, or change in any of the elements of employment herein enumerated, the appointing authority shall report such employment, termination, or change in status to the Department of State Civil Service. Each such appointing authority shall report with respect to all classified employees under the jurisdiction of the entity as required by and in accordance with the rules of the State Civil Service Commission. All such information shall be open to public inspection and, except to the extent otherwise provided herein, shall be subject to the provisions of R.S. 44:1 through R.S. 44:41.

B. For purposes of R.S. 42:289 through 291, the term "state government" shall not include district courts, including the civil and criminal courts of Orleans Parish, district attorneys, sheriffs, clerks of court, registrars of voters, assessors, coroners, election officials and workers, parishes, municipalities, and any other unit of local government, including school boards and special districts, authorized by law to perform governmental functions.

C. Any person who willfully violates any provision of R.S. 42:289 or R.S. 42:290 shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment for a term of not less than ten days nor more than six months, or by both fine and imprisonment.

Acts 1964, No. 38, §§2-4. Amended by Acts 1972, No. 328, §2; Acts 1986, No. 898, §1; Acts 1987, No. 843, §1; Acts 1992, No. 949, §2, eff. Jan. 1, 1993.
La. Rev. Stat. § 42:194 — LA Code / Code revised-statutes / Title 42 / Section 194
New bond
Status: in_force

Within ten days after the rendition of final judgment setting aside any bond on account of its insufficiency, or the insolvency of the sureties, the party whose bond has been declared unsatisfactory shall furnish a new bond, approved by the judge who rendered the original judgment. In the event of failure to furnish a new satisfactory bond the office shall be declared vacant and filled by appointment under existing laws.
La. Rev. Stat. § 42:75 — LA Code / Code revised-statutes / Title 42 / Section 75
Appointment to fill vacancy
Status: in_force

Whenever the court of competent jurisdiction declares that any public officer, whose office is established by the constitution, has forfeited his office, within contemplation of R.S. 42:72, the governor shall fill such office by appointment under the laws providing for filling vacancies in public offices.
La. Rev. Stat. § 42:301 — LA Code / Code revised-statutes / Title 42 / Section 301
Default in settlement of arrears; suspension from office
Status: in_force

Whenever the State Auditor, or the governing authority of any parish, notifies the governor, that any public officer charged with the collection or custody of public funds, is in arrears, the governor shall make immediate demand upon that officer for settlement within a delay not exceeding ten days, and in default of his making full settlement within that delay, the governor shall at once suspend him from office.
La. Rev. Stat. § 42:304 — LA Code / Code revised-statutes / Title 42 / Section 304
Report of defaulters by State Auditor to legislature
Status: in_force

The State Auditor shall, on the first day of the session of each legislature, enclose to the president of the senate and speaker of the house, a list of all persons who are defaulters to the state on account of any public moneys; and, if in the list the name of any member of the legislature appears, the house to which he has been returned shall take such action as it may deem necessary.
La. Rev. Stat. § 42:83 — LA Code / Code revised-statutes / Title 42 / Section 83
Joinder of claimants
Status: in_force

Where several persons claim to be entitled to the same office or franchise one action may be brought against all of them in the same suit in order to try their rights to the office or franchise.
La. Rev. Stat. § 42:1116.1 — LA Code / Code revised-statutes / Title 42 / Section 1116.1
Repealed by Acts 2003, No. 1292, §1.
Status: repealed

NOTE: Statute requiring elected officials to submit to random drug testing violated search and seizure clause and therefore is unconstitutional; no special need which would justify departure from Fourth Amendment's requirement of individualized suspicion for search. O'Neill v. La., E.D. La. 1998, 61 F.Supp.2d 485, affirmed 197 F.3d 1169, cert. denied 120 S.Ct. 2740, 530 U.S. 1274, 147 L.Ed.2d 1005.
La. Rev. Stat. § 42:341 — LA Code / Code revised-statutes / Title 42 / Section 341
Definitions
Status: in_force

Unless the context clearly indicates otherwise, the following words and terms, when used in this Chapter, shall have the following meanings:

(1) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.

(2) "Agency head" means the chief executive or administrative officer of an agency or the chairman of a board or commission.

(3) "Elected official" means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. It shall also include any person appointed to fill a vacancy in such office.

(4) "Governmental entity" means the state or any political subdivision.

(5) "Public employee" means anyone who is:

(a) An administrative officer or official of a governmental entity who is not filling an elective office.

(b) Appointed to a post or position created by rule, law, resolution, ordinance, charter, or executive order.

(c) Employed by an agency, officer, or official of a governmental entity.

(6) "Public servant" means a public employee or an elected official.

Acts 2018, No. 270, §1, eff. January 1, 2019.
La. Rev. Stat. § 42:199 — LA Code / Code revised-statutes / Title 42 / Section 199
Release of sureties by special mortgage
Status: in_force

All public officers who have personal sureties on their official bonds may at any time release them by giving a special mortgage, as provided in R.S. 42:198.
La. Rev. Stat. § 42:1166 — LA Code / Code revised-statutes / Title 42 / Section 1166
Violation of code by tenured public employee of a state public higher education institution
Status: in_force

Any final determination that a tenured public employee of a public higher education institution in this state has violated any provision of law within the jurisdiction of the board, except as otherwise exempted therefrom, may be grounds for disciplining or dismissing the tenured public employee by the appropriate higher education management board, or by the appointing authority by order of the board or panel in accordance with applicable tenure law, rule, or policy.

Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997.
La. Rev. Stat. § 42:67.3 — LA Code / Code revised-statutes / Title 42 / Section 67.3
Additional qualifications
Status: in_force

The civil service commission is hereby authorized to establish additional qualifications for any position defined in R.S. 42:67.

Added by Acts 1983, No. 693, §1.
La. Rev. Stat. § 42:1162 — LA Code / Code revised-statutes / Title 42 / Section 1162
Copy of ethics code to be furnished by the secretary of state
Status: in_force

Whenever the secretary of state shall issue a commission to a public servant, he shall include therewith a copy of this Chapter in pamphlet or other form convenient to the secretary, and the public servant shall acknowledge receipt thereof when filing his oath of office with the secretary of state.

Acts 1979, No. 443, §1, eff. April 1, 1980.
La. Rev. Stat. § 42:398 — LA Code / Code revised-statutes / Title 42 / Section 398
Leave not accrued; unclassified health care professional employee pool
Status: in_force

Notwithstanding any provision of law to the contrary, no employee who fills a position in an unclassified health care professional employee pool established by a Louisiana State University Health Sciences Center medical center pursuant to R.S. 17:1519.16 shall earn or accrue any type of leave. The appointing authority for such position shall notify each person being employed in such a pool position of his ineligibility to earn or accrue leave. Each person employed in a pool position shall sign an affidavit acknowledging his ineligibility to earn or accrue leave and stating that he has full knowledge that he is never to earn or accrue any leave for time worked in a position in a pool.

Acts 2005, No. 223, §3, eff. July 1, 2005.
La. Rev. Stat. § 42:452 — LA Code / Code revised-statutes / Title 42 / Section 452
U.S. Series "EE" Bond Account/Fund
Status: in_force

All amounts deducted and withheld from the earnings of employees for the purchase of United States series "EE" bonds shall be maintained in the appropriate account or fund under 'cash management' from which bonds shall be purchased as the employees have subscribed and paid. Refunds due employees shall also be paid from the said account or fund.

Amended by Acts 1981, No. 642, §1.
La. Rev. Stat. § 42:402 — LA Code / Code revised-statutes / Title 42 / Section 402
Officers and employees who may be reinstated
Status: in_force

The provisions of R.S. 42:401 shall apply to:

(1) All officers and employees of the state and of any of its departments, divisions, institutions, units, boards or commissions, including heads thereof, and shall apply to those officers and employees who, at the time of entering military service, were being compensated on an annual or monthly salary basis and whose employment with the state and its various units was terminated by reason of entry into the military service of the United States.

(2) Any officers and employees who, since September 16, 1940, entered into the active military service of the Army, Navy, Marine Corps, Coast Guard Service, or any branch of the military service of the United States, whether by induction, enlistment, call to active duty or any other type of entry into service.

(3) Any appointive official, officer or employee, whether or not the normal term of appointment has been terminated subsequent to entry into the military service; the fact that there has been a general or limited change of administration, or the election of new general state officials subsequent to his entry into the military service, shall in no manner affect or deny to a person his former office or position, or a position of like seniority, status and pay, it being the purpose of the law that no employee of the state should suffer loss of the right to return to his normal employment or former pay during his absence while in the common cause of the military service.

Provided that when discharged or released from the armed forces, the officer or employee receives a certificate or document of honorable completion of service, is still qualified to perform the duties of the position, and makes application for employment within 40 days after being released from military service.
La. Rev. Stat. § 42:1501 — LA Code / Code revised-statutes / Title 42 / Section 1501
Performance planning and review sessions; certification; increases in compensation
Status: in_force

A. No state unclassified official or employee who is responsible for conducting performance planning and review sessions for a state classified employee shall receive an increase in his compensation unless his certifying official determines in writing that the unclassified official or employee has conducted his performance planning and review sessions in conformance with the rules of the State Civil Service Commission.

B. No state unclassified official or employee who is in the direct line of supervision of an unclassified official or employee described in Subsection A of this Section shall receive an increase in his compensation unless the certifying official of the unclassified official or employee described in Subsection A of this Section determines in writing that the unclassified official or employee described in Subsection A of this Section has conducted his performance planning and review sessions in conformance with the rules of the State Civil Service Commission.

C. For purposes of this Section, "certifying official" means the commissioner of administration, except as follows:

(1) If the unclassified official or employee described in Subsection A of this Section serves in a department headed by a statewide elected official, the statewide elected official shall be the certifying official.

(2) If the unclassified official or employee described in Subsection A of this Section serves in the division of administration, the governor shall be the certifying official.

(3) If the unclassified official or employee described in Subsection A of this Section serves in the Department of Public Service, the chairman of the Public Service Commission shall be the certifying official.

(4) If the unclassified official or employee described in Subsection A of this Section serves in a position at a public postsecondary education institution, the chairman of the management board that governs the institution shall be the certifying official.

Acts 2009, No. 377, §1, eff. July 1, 2010.
La. Rev. Stat. § 42:189 — LA Code / Code revised-statutes / Title 42 / Section 189
Duty of recorder to transmit copies
Status: in_force

The recorder shall transmit to the secretary of state certified copies of all bonds of state officers taken by him, with a certificate of registry in the mortgage records, within three months after their execution.

Whoever violates this Section shall be fined five hundred dollars.

Amended by Acts 1978, No. 437, §1.
La. Rev. Stat. § 42:1136 — LA Code / Code revised-statutes / Title 42 / Section 1136
Broadcast and recordation of meetings
Status: in_force

A. The Board of Ethics shall broadcast live all of its proceedings in public meetings, including meetings held when functioning as the Supervisory Committee on Campaign Finance Disclosure. Each meeting shall be recorded and made available to the public in an online archive located on the Board of Ethics website for at least two years.

B.(1) The failure to broadcast live as required by this Section due to a technological failure beyond the control of the Board of Ethics or beyond its ability to resolve timely is not a violation of this Section or the provisions of the Open Meetings Law.

(2) The requirement in this Section to broadcast meetings does not apply to any executive session held in accordance with the Open Meetings Law or any investigation or private hearing held in accordance with this Chapter.

(3) The Board of Ethics shall establish standards for the use of lighting, recording, or broadcasting equipment to ensure proper decorum in a public meeting.

C. For purposes of this Section, "broadcast live" means the publicly available distribution of audio and video of a meeting in real or near real time via the internet or television broadcast.

Acts 2025, No. 162, §1, eff. Jan. 1, 2026.

NOTE: See Acts 2025, No. 162, §2, regarding use of state facilities.
La. Rev. Stat. § 42:1356 — LA Code / Code revised-statutes / Title 42 / Section 1356
Cost of election
Status: in_force

All costs incurred in connection with the election provided for by this Chapter shall be paid out of funds available to the Department of State Civil Service for its operations.

Added by Acts 1974, Ex.Sess., No. 8, §1, eff. Jan. 1, 1975. Acts 1988, No. 164, §1.
La. Rev. Stat. § 42:198 — LA Code / Code revised-statutes / Title 42 / Section 198
Special mortgage may be substituted for bond; appraisal
Status: in_force

All public officers commissioned by the governor, who are required to give bond, may give a special mortgage on property situated within the parish in which they respectively exercise their functions. The mortgage shall be accepted by the persons appointed by law to accept the bond.

The public officer proposing to mortgage property shall exhibit his title and a certificate of mortgages, to the persons authorized to approve the bond, who shall cause the property to be appraised, and not receive it unless it is double the amount of security required, after deducting all mortgages. The persons taking the mortgage shall cause it to be inscribed in the office of the recorder of mortgages, as required by law.
La. Rev. Stat. § 42:450.2 — LA Code / Code revised-statutes / Title 42 / Section 450.2
Leave of absence; disaster relief; annual limitation; compensation and benefits
Status: in_force

A. A public employee who is a disaster service volunteer may be granted leave from his regular work assignment, with pay, for a period not to exceed fifteen work days in any twelve-month period to participate in specialized disaster relief services for the American Red Cross when requesting such leave and upon approval of the employing agency, as provided in this Part.

B. Any public employee who is granted disaster service leave shall not forfeit any seniority, pay, vacation time, sick leave, or earned overtime accumulation as a result of his participation in the Disaster Service Leave Program.

Acts 1995, No. 455, §1.
La. Rev. Stat. § 42:192 — LA Code / Code revised-statutes / Title 42 / Section 192
Summary proceedings
Status: in_force

All suits brought by a surety under R.S. 42:190 shall be preference cases and shall be tried summarily without the intervention of a jury.
La. Rev. Stat. § 42:355 — LA Code / Code revised-statutes / Title 42 / Section 355
Public record; exception
Status: in_force

Any settlement executed in connection with a claim filed pursuant to this Chapter shall be a public record, with the exception of the name of the victim of the sexual harassment.

Acts 2019, No. 413, §2, eff. June 20, 2019.
La. Rev. Stat. § 42:1413 — LA Code / Code revised-statutes / Title 42 / Section 1413
Law enforcement officers; grounds for removal; method for removal
Status: in_force

A. It is essential to the proper operation of democratic government in general and of law enforcement agencies in particular that public law enforcement officials and employees be independent and impartial; that decisions and recommendations by law enforcement officers be made through the proper channels of governmental structure; that positions of trust in law enforcement agencies not be used for private gain other than the remuneration provided by law; and that there be public confidence in the integrity of law enforcement organizations. It is the policy and purpose of these provisions to implement these objectives of protecting the integrity of the government of this state by prescribing essential restrictions on the conduct of law enforcement officers during the course of their discharge of official duties and responsibilities.

B. No law enforcement officer, whether a state, district, parochial, ward, or municipal officer, shall refer any person, with whom such officer has any relation or comes into contact in his professional capacity as a law enforcement officer, to any specific attorney at law, law firm, or investigator as a potential client, when said law enforcement officer receives any compensation for such referral.

C. Any law enforcement officer violating the provisions of Subsection B of this Section shall be removed from office as a law enforcement officer, and shall be fined not more than five thousand dollars or imprisoned with or without hard labor for not more than five years, or both, subject to applicable civil service laws, rules, and regulations, if any.

Added by Acts 1977, No. 758, §1. Acts 1993, No. 420, §3.
La. Rev. Stat. § 42:1301 — LA Code / Code revised-statutes / Title 42 / Section 1301
Definitions
Status: in_force

The following words and phrases used in this Chapter, unless a different meaning is plainly required by the context, shall have the following meanings:

(1) "Administrator" means the firm which, in accordance with its contract with the Commission, maintains the plan records, provides information to participants and prospective participants, manages the day-to-day activities of the plan relating to the transmittal of participant funds to investment product companies selected by the Commission, provides enrollment services, and/or prepares studies and recommendations for the Commission.

(2) "Commission" means the Louisiana Deferred Compensation Commission.

(3) "Custodial financial institution" means a financial institution in which funds are deposited between the date on which they are deferred from a participant's compensation and the date on which they are transmitted to an investment product company.

(4) "Ex officio member" means the state treasurer, the commissioner of administration, the commissioner of insurance, the commissioner of financial institutions, the speaker of the House of Representatives, or his designee, or the president of the Senate, or his designee.

(5) "Investment product" means any fixed annuity, variable annuity, life insurance contract, savings account, or any other form of investment selected by the Commission for the purpose of receiving funds under the plan.

(6) "Participant" means: (a) a person whose compensation is currently subject to deferrals in accordance with Section 457 of the United States Internal Revenue Code, or (b) a person whose compensation has previously been subject to deferrals in accordance with Section 457 of the United States Internal Revenue Code and whose contributions have not been withdrawn.

(7) "Participant member" means any member of the commission other than an ex officio member.

(8) "Person" means any officer or employee of the state of Louisiana or of any of its political subdivisions, or an independent contractor who has a current contract with the state or any of its political subdivisions. "Person" shall also mean any parish coroner.

(9) "Plan" means the Louisiana Public Employees Deferred Compensation Plan, which is now in existence, and which was previously established pursuant to state statute and in accordance with Section 457 of the Internal Revenue Code of 1954, as amended. It shall include the plans implemented by the commissioner of administration and by the deferred compensation program for full-time judges.

Added by Acts 1972, No. 623, §1. Amended by Acts 1974, No. 410, §1; Acts 1975, No. 176, §1; Acts 1978, No. 684, §1; Acts 1982, No. 1, §1, eff. May 6, 1982; Acts 1985, No. 358, §1; Acts 2018, No. 615, §1.
La. Rev. Stat. § 42:858 — LA Code / Code revised-statutes / Title 42 / Section 858
Contracts to be subject to other laws concerning group insurance
Status: in_force

All group insurance contracts effected pursuant hereto shall conform and be subject to all the provisions of any existing or future laws concerning group insurance.

Acts 2001, No. 1178, §5, eff. June 29, 2001.
La. Rev. Stat. § 42:283 — LA Code / Code revised-statutes / Title 42 / Section 283
Expenditures to be reported to police juries and clerks of court
Status: in_force

All parish sheriffs, clerks of court, assessors, coroners, registrars of voters, boards of health, boards of equalization, and all district levee boards, boards of commissioners of drainage districts for the state, parish of Orleans excepted, shall furnish annually to the governing authority and clerk of court of their respective parishes, a written itemized report showing the expenditures made by their respective offices, boards, or commissions, whether made out of the salary or expense funds of said offices or members of their respective commissions or boards, or otherwise.

Any office, board, or commission required by this Section to make reports and which functions or exercises control in more than one parish, must make its reports to the governing authority and clerk of court of each parish wherein it functions or exercises control.
La. Rev. Stat. § 42:52 — LA Code / Code revised-statutes / Title 42 / Section 52
Oath or affirmation; form
Status: in_force

A. Except as otherwise provided herein, no person owing allegiance to the United States shall be employed by the state or any political subdivision thereof unless and until he files the following written statement with the appropriate appointing authority:

"I (A.B.) do solemnly swear (or affirm) that I will support the constitution and laws of the United States and the constitution and laws of this State; and I will faithfully and impartially discharge and perform all the duties incumbent upon me as _____, and according to the best of my ability and understanding. So help me God."

B. A person may be temporarily employed for fifteen days, and if the above statement is not filed by the fifteenth day, he shall be discharged.

Acts 1950, No. 284, §2. Amended by Acts 1952, No. 504, §1; Acts 1982, No. 48, §1.
La. Rev. Stat. § 42:729 — LA Code / Code revised-statutes / Title 42 / Section 729
Statement of policy
Status: in_force

The State of Louisiana recognizes that intergovernmental cooperation is an essential factor in resolving problems affecting the state and that the interchange of personnel between and among the governmental agencies at the same or different levels of government is a significant factor in achieving such cooperation.

Added by Acts 1968, No. 375, §1.
La. Rev. Stat. § 42:808 — LA Code / Code revised-statutes / Title 42 / Section 808
Eligibility in group programs
Status: in_force

A. For the purposes of participating in life, health, or other programs sponsored by the Office of Group Benefits, an employee is defined as:

(1) A classified or unclassified state civil service employee.

(2) A retiree as defined by the rules and regulations of the Office of Group Benefits.

(3) A full-time employee of a school board, if the school board elects to pay at least one-half of the insurance premium for the employee; however, if the school board makes such an election, the school board shall pay the same proportion of any increase in premiums as compared to the proportion of premiums paid by the state on behalf of state employees.

(4) A district supervisor or a district employee or a retired district supervisor or a retired district employee of a soil and water conservation district.

(5) Any parish judge paid in part or in full by the state.

(6) Notwithstanding any provision of this Chapter to the contrary, any employee of the New Orleans City Park Improvement Association, which is within the Department of Culture, Recreation and Tourism pursuant to the provisions of R.S. 36:209(C), who is a participant in a program or programs administered by the Office of Group Benefits and who is transferred to a nonprofit corporation recognized as a 501(c)(3) entity under the Internal Revenue Code of 1954, as amended, which transfer is made pursuant to a cooperative endeavor agreement which provides for the nonprofit corporation to provide certain maintenance, administration, and operating functions on behalf of the New Orleans City Park Improvement Association.

(7) Notwithstanding any other provision of law to the contrary, any active or retired employee of the Louisiana Naval War Memorial Commission as provided by R.S. 25:1000 et seq. Nothing in this Paragraph shall be construed to extend eligibility under this Subsection to any current or past member of the commission.

(8) The district attorney or district attorney office active employees of New Orleans.

(9) Notwithstanding any other provision of law to the contrary, any active or retired member of the Louisiana National Guard, provided such active or retired member agrees to pay one hundred percent of the premium and certifies that other coverage is not available through the member's employment or the member is not eligible for Medicare.

(10) Notwithstanding any other provision of law to the contrary, any official holding an appointed position with the West Jefferson Levee District for more than eight years prior to January 1, 2007.

(11)(a) Notwithstanding any provision of law to the contrary, persons who are state employees who have completed not less than ten years of continuous full-time state employment and who are terminated without cause or who resign, and persons who have completed not less than ten years of continuous service as state elected officials who are either ineligible to run for reelection, fail to be reelected, or resign from elected office, and persons who have completed not less than ten years of continuous service as state appointed officials and who are removed from office without cause or who resign are deemed to be a special group for eligibility for programs sponsored by the Office of Group Benefits. Such group shall not be subject to the provisions of Paragraph (3) of this Subsection, R.S. 42:851(E) and (H)(5), or other limitations or restrictions of law that require vesting or a duration of continuous membership in the programs for eligibility for maximum premium contributions, or that authorize or require the premium rates for such group to be increased as a result of eligibility being authorized without prior participation as an active employee, or that limit participation to either actively employed or retired persons.

(b) For the purposes of this Paragraph and R.S. 42:851(R):

(i) "State employee" means any person who, as an active employee, was a member of the Louisiana State Employees' Retirement System or the Teachers' Retirement System of Louisiana.

(ii) "State elected official" means any person elected to a statewide office, to the legislature, to the Public Service Commission, to the State Board of Elementary and Secondary Education, to the state courts of appeal, or to the Louisiana Supreme Court.

(iii) "State appointed official" means any person who is appointed by a state elected official to serve on a board or commission with statewide jurisdiction which exists by law and which service may be compensated or not.

B. No individual may participate in a program sponsored by the Office of Group Benefits unless the school board, state agency, or political subdivision through which the individual is actively employed or retired from participates in the program as a group.

C. Notwithstanding any other provision of this Chapter to the contrary, the provisions of this Section shall not affect the eligibility of any state agency, local school board, political subdivision, or other entity or any individuals eligible to participate in the program on June 29, 2001.

D.(1) Notwithstanding any provision of law to the contrary, no person employed in a position in an unclassified health care professional employee pool established pursuant to R.S. 17:1519.16 shall be considered an employee for purposes of this Section nor shall any such person be eligible to participate in any health, life, or other programs sponsored by the Office of Group Benefits.

(2) The appointing authority shall notify each person being employed in a position in an unclassified health care professional employee pool of his ineligibility for participation in any programs of the Office of Group Benefits. Each person employed in a position in an unclassified health care professional employee pool shall sign an affidavit acknowledging his ineligibility for participation in any programs of the Office of Group Benefits.

E. Notwithstanding any provision of law to the contrary, and in particular the provisions of R.S. 22:1001, 1003, and 1003.1, the Office of Group Benefits is authorized to offer group insurance coverage to the following dependents of an enrollee:

(1) The spouse of the enrollee, as defined by the office.

(2) A child of the enrollee, until the end of the month the child attains the age of twenty-six, unless coverage is terminated earlier as provided in this Section.

(3) For purposes of this Section, "child" means:

(a) The issue of a marriage of the enrollee.

(b) A natural child of the enrollee.

(c) A legally adopted child of the enrollee or a child placed for adoption with the enrollee.

(d) The child of a male enrollee, if a court of competent jurisdiction has issued an order of filiation declaring the paternity of the enrollee for the child or the enrollee has formally acknowledged the child.

(e) The issue of a previous marriage or a natural or legally adopted child of the enrollee's legal spouse, hereinafter "stepchild", which stepchild has not been adopted by the enrollee and for whom the enrollee does not have court-ordered legal custody, until the earliest of:

(i) The end of the month the enrollee is no longer married to the stepchild's parent.

(ii) The end of the month of the death of the enrollee's spouse who is the stepchild's parent.

(iii) The end of the month the stepchild attains the age of twenty-six.

(f) A grandchild in the court-ordered legal custody of and residing with the grandparent enrollee, until the end of the month the grandchild attains the age of twenty-six. For purposes of this Section, "grandchild" means a child of a child of the enrollee.

(g) A dependent for whom the enrollee has court-ordered legal custody or court-ordered legal guardianship but who is not a child or grandchild of the enrollee until the end of the month the custody or guardianship order expires or the end of the month the dependent attains the age of eighteen, whichever is earlier.

F.(1) Attainment of the respective limiting age of a child or grandchild shall not operate to terminate the coverage of such child or grandchild if the child or grandchild became incapable of self-sustaining employment by reason of physical or mental disability prior to attaining the respective limiting age, provided that no later than seven months before the child or grandchild reaches the limiting age, the health plan authorized by R.S. 42:851(A) shall send a notice notifying the parent or grandparent that the coverage shall expire unless an application for continued coverage is filed with the office on a form designated by the office, and the application is subsequently approved. The notice shall provide that if the application for continued coverage is not filed prior to the date the child or grandchild reaches the respective limiting age, the child or grandchild shall lose coverage. The notice shall explain the right of the parent or grandparent to appeal for an administrative review if the documentation is not submitted timely. This application shall be submitted no earlier than six months prior to the child or grandchild attaining the respective limiting age and shall be accompanied by an attestation from the dependent's attending physician setting forth the specific physical or mental disability and certifying that the child or grandchild is incapable of self-sustaining employment by reason of that disability. The office may require additional medical or other supporting documentation regarding the disability to process the application.

(2) After the initial approval, the office may require the submission of additional medical or other supporting documentation substantiating the continuance of the disability, but not more frequently than annually, as a precondition to continued coverage. If continued coverage is denied due to the failure of the parent or grandparent to obtain the additional documentation, upon submitting the documentation, the parent or grandparent may appeal for an administrative review to reinstate the coverage. For good cause shown and after considering the totality of the circumstances, the administrative review panel may decide to reinstate coverage for the child or grandchild.

(3) The parent or grandparent who fails to submit the application for continued coverage prior to the date the child or grandchild reaches the respective limiting age, may appeal for an administrative review of the denial of coverage. The parent or grandparent shall explain the reasons for the untimely filing. For good cause shown and after considering the totality of the circumstances, the administrative review panel may decide to continue coverage for the child or grandchild.

(4) The provisions of this Subsection shall apply to any health plan authorized by R.S. 42:851(A).

Acts 2001, No. 767, §2, eff. June 26, 2001; Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2004, No. 779, §1, eff. July 1, 2004; Acts 2004, No. 870, §1, eff. July 1, 2004; Acts 2005, No. 223, §3, eff. July 1, 2005; Acts 2005, No. 505, §2; Acts 2006, 1st Ex. Sess., No. 1, §2, eff. Jan. 1, 2007; Acts 2007, No. 366, §1, eff. July 10, 2007; Acts 2008, No. 414, §1, eff. June 21, 2008; Acts 2011, No. 129, §1, eff. June 24, 2011; Acts 2014, No. 811, §23, eff. June 23, 2014; Acts 2018, No. 603, §1; Acts 2018, No. 676, §1; Acts 2020, No. 112, §1; Acts 2021, No. 20, §6.
La. Rev. Stat. § 42:1410.1 — LA Code / Code revised-statutes / Title 42 / Section 1410.1
Members of State Police Commission; compensation and expenses
Status: in_force

Each member of the State Police Commission shall be paid a per diem of seventy-five dollars for each day devoted to the work of the commission, but not to exceed four thousand dollars for any member in any year, and shall be reimbursed for actual travel expenses authorized by the commission.

Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
La. Rev. Stat. § 42:446 — LA Code / Code revised-statutes / Title 42 / Section 446
Agency considerations
Status: in_force

Unless the qualifying circumstance is the birth or adoption of a child or directly involves a medical condition affecting the leave recipient, the employing agency may consider the likely impact on morale and efficiency within the agency in considering a leave recipient's request to use leave transferred from the pool account.

Acts 1992, No. 1008, §1, eff. Jan. 1, 1993; Acts 2022, No. 649, §1.
La. Rev. Stat. § 42:1008 — LA Code / Code revised-statutes / Title 42 / Section 1008
Rules and regulations
Status: in_force

The Department of the Treasury shall make, adopt, and promulgate such rules and regulations, not inconsistent with the provisions of this Chapter, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this Chapter.

Acts 1952, No. 204, §8; Acts 2004, No. 280, §1, eff. July 1, 2004.
La. Rev. Stat. § 42:1 — LA Code / Code revised-statutes / Title 42 / Section 1
Public office defined
Status: in_force

As used in this title, the term "public office" means any state, district, parish or municipal office, elective or appointive, or any position as member on a board or commission, elective or appointive, when the office or position is established by the constitution or laws of this state.

"Public officer" is any person holding a public office in this state.
La. Rev. Stat. § 42:1001 — LA Code / Code revised-statutes / Title 42 / Section 1001
Declaration of policy
Status: in_force

In order to extend to employees of the state and its political subdivisions, and of the instrumentalities of either, and to the dependents and survivors of such employees, the basic protection accorded to others by the federal old age, survivors, and disability insurance, and health insurance coverage embodied in the Social Security Act, it is hereby declared to be the policy of this state, subject to the limitations of this Chapter, that such steps be taken, and they are hereby expressly authorized, as to provide such protection to employees of the state and its political subdivisions and of the instrumentalities of either on as broad a basis as is permitted under applicable federal law. It is also the policy of this state that the protection afforded employees in positions covered by a retirement system on the date an agreement under this Chapter is made applicable to service performed in such positions, or receiving periodic benefits under such retirement system at such time, will not be impaired as a result of making the agreement so applicable or as a result of legislative enactment in anticipation thereof.

Acts 1952, No. 204, §1. Amended by Acts 1955, No. 36, §1; Acts 2004, No. 280, §1, eff. July 1, 2004.
La. Rev. Stat. § 42:17.2 — LA Code / Code revised-statutes / Title 42 / Section 17.2
Exception for certain meetings of certain public bodies
Status: in_force

A. Notwithstanding any other provision of this Chapter to the contrary, a public body identified in Subsection H of this Section may conduct and its members may attend and participate in a meeting via electronic means provided that all of the requirements of this Section are met.

B. No later than twenty-four hours prior to a meeting conducted pursuant to the provisions of this Section, the public body shall provide for all of the following:

(1) The notice and agenda for the meeting, which shall be posted on the website of the public body, emailed to any member of the public or the news media who requests notice of meetings of the public body, and posted and distributed as otherwise required by this Chapter and by law.

(2) Detailed information regarding how members of the public may participate in the meeting and submit comments regarding matters on the agenda, which information shall be posted on the website of the public body and emailed to any member of the public or the news media who requests notice of meetings of the public body.

C. For each meeting conducted pursuant to this Section, the following requirements shall apply:

(1) The presiding officer shall be present and shall preside over the meeting at the anchor location. The anchor location shall be open to the public. Any member of the public body or the public shall be allowed to participate in person at the anchor location.

(2) The public body shall provide a mechanism to receive public comment electronically in the manner it prescribes prior to and, to the extent practical, during the meeting.

(3) The public body shall identify and acknowledge all public comments inclusive of those received in person during the meeting and those received in writing or electronically prior to any submission deadline for the meeting and shall maintain those comments in its record of the meeting.

(4) The presiding officer of the public body shall ensure all of the following:

(a) That each person participating in the meeting is properly identified.

(b) That all parts of the meeting, excluding any matter discussed in executive session, are clear and audible to all participants in the meeting including the public.

(c) That the voting decision of each participating member of the public body on each matter is clearly identified during each vote during the meeting and recorded and included in the archive of the meeting.

(5) If the public body is aware of a technical problem that causes the meeting to no longer be audible, or if applicable, visible and audible to the public, the meeting shall be recessed until the problem is resolved. If the problem is not resolved within one hour, the meeting shall be adjourned and the presiding officer shall make an effort to alert all participants to that fact.

(6) The meeting shall be recorded and made available to the public in an online archive located on the public body's website for at least two years.

(7) All documents made available to members of the public in attendance at the anchor location shall be made available electronically to members of the public participating electronically to the extent practical.

D. For the purposes of this Section, the following definitions apply:

(1) "Anchor location" shall mean the public location at which the public body holds in-person meetings or is specifically equipped with the technology necessary to meet via electronic means.

(2) "Meeting via electronic means" shall mean a meeting at which one or more members of a public body or members of the public participate via teleconference or video conference.

(3) "Teleconference" shall mean a method of communication which enables persons in different locations to participate in a meeting and to hear and otherwise communicate with each other.

(4) "Video conference" shall mean a method of communication which enables persons in different locations to participate in a meeting and to see, hear, and otherwise communicate with each other.

E.(1) All members of the public body participating in a meeting held pursuant to this Section, either at the anchor location or via electronic means, shall be counted for the purpose of establishing a quorum and may vote.

(2) Each public body conducting meetings pursuant to this Section shall adopt rules, regulations, and procedures to allow the public to participate in the meeting via electronic means. State agencies as defined by R.S. 49:951 shall promulgate the rules pursuant to the Administrative Procedure Act.

F.(1) Except as otherwise provided in Paragraph (2) of this Subsection, each public body that conducts meetings via electronic means pursuant to this Section shall limit the number of its regularly scheduled meetings via electronic means to no more than one-third in a calendar year, shall limit the number of successive meetings via electronic means to a reasonable number, and shall, to the extent practicable, publish a schedule of its meetings indicating which upcoming meetings will be conducted via electronic means and which will be conducted only in person.

(2) Any public body that is strictly advisory or that primarily focuses on issues dealing with disabilities or assisting military families may conduct successive meetings via electronic means without limitation and shall, to the extent practicable, publish a schedule of its meetings indicating which upcoming meetings will be conducted via electronic means and which will be conducted only in person.

G. No member of a public body who participates in a meeting via electronic means shall be eligible to or receive per diem for attendance at the meeting.

H.(1) Except as provided in Subsection I of this Section, the provisions of this Section shall apply to any public body which has powers, duties, or functions that are not limited to a particular political subdivision or region and that conducts at least six regularly scheduled meetings in a calendar year.

(2) However, no licensing or regulatory public body shall conduct a disciplinary hearing or adjudication via electronic means pursuant to this Section.

I. The provisions of this Section shall not apply to:

(1) The legislature, either house of the legislature, or any committee of the legislature or either house of the legislature.

(2) The State Board of Elementary and Secondary Education.

(3) The Board of Regents.

(4) The Board of Ethics or Ethics Adjudicatory Board.

(5) The State Civil Service Commission.

(6) The board of directors of the Louisiana Citizens Property Insurance Corporation.

(7) The State Board of Commerce and Industry.

(8) The board of supervisors for the Louisiana State University System, the University of Louisiana System, the Louisiana Community and Technical Colleges System, or the Southern University System.

(9) Any parish board of election supervisors.

Acts 2022, No. 723, §2, eff. June 18, 2022; Acts 2023, No. 393, §1.
La. Rev. Stat. § 42:860 — LA Code / Code revised-statutes / Title 42 / Section 860
Severe obesity; legislative findings; coverage required
Status: in_force

A. The legislature hereby finds and declares that obesity is a significant health problem affecting hundreds of thousands of Louisiana residents. Severe obesity increases the mortality rate more than threefold, causes physical and emotional disability, and is often associated with comorbid health conditions, including hypertension, cardiopulmonary conditions, and diabetes, all of which compound the impact of obesity on longevity and quality of life. Louisiana residents with obesity are ninety percent more likely to have diabetes and fifty percent more likely to have high blood pressure than those who are not obese. Therapeutic interventions can alter the course and severity of obesity and severe obesity has been successfully treated through established surgical treatments.

B. As used in this Section, the following terms shall have the following meanings:

(1) "Body mass index" means a practical marker used to assess the degree of obesity, calculated by dividing the weight in kilograms by the height in meters squared.

(2) "Severe obesity" means either of the following:

(a) A body mass index equal to or greater than forty kilograms per meter squared.

(b) A body mass index equal to or greater than thirty-five kilograms per meter squared along with an associated comorbidity including but not limited to hypertension, cardiopulmonary conditions, sleep apnea, or diabetes.

C. The Office of Group Benefits programs shall offer a provision stating that benefits shall be payable for the treatment of severe obesity through gastric bypass surgery, sleeve gastrectomy, duodenal switch, single anastomosis duodeno-ileostomy with sleeve, or other methods recognized by the American Society for Metabolic and Bariatric Surgery as effective for the long-term reversal of severe obesity if all of the following criteria are met:

(1) The surgery or other treatment method is for an active state employee or retired state employee.

(2) The employee has participated in an Office of Group Benefits self-funded health plan for at least one year prior to the surgery or other treatment method and pre-authorization.

(3)(a) The employee complies with all requirements of the Office of Group Benefits during the pre-operative period.

(b) The pre-operative period shall be no less than four months.

(4) The employee has a body mass index greater than or equal to forty kilograms per meter squared, or greater than or equal to thirty-five kilograms per meter squared with two or more comorbidities.

D. The benefits provided for in this Section shall be limited to a maximum of three hundred surgeries per year.

E. Nothing in this Section shall be construed to provide coverage or other benefits for skin removal surgery.

F. The Office of Group Benefits programs shall offer reimbursement to hospitals, physicians, and clinics which is reasonable and customary.

G. The Office of Group Benefits benefit will be restricted to services provided in facilities holding accreditation by the American College of Surgeons and the American Society for Metabolic and Bariatric Surgery's Metabolic and Bariatric Surgery Accreditation and Quality Improvement Program (MBSAQIP).

H. Coverage of bariatric surgery shall require prior authorization.

Acts 2021, No. 388, §1.
La. Rev. Stat. § 42:303 — LA Code / Code revised-statutes / Title 42 / Section 303
Power of governor to remove for cause is not modified
Status: in_force

The provisions of R.S. 42:301 and 42:302 shall not be construed as modifying, limiting, or restraining the power of the governor, under existing laws to remove for cause any tax collector appointed by him, or as in any way affecting the penalties provided for failure to make settlement within the time prescribed by law.
La. Rev. Stat. § 42:76 — LA Code / Code revised-statutes / Title 42 / Section 76
Actions to try right to office; associations acting as corporations
Status: in_force

An action shall be brought in the name of the state in any of the following cases:

(1) When any person usurps, intrudes into, or unlawfully holds or exercises or attempts to remain in possession of any public office or franchise within this state.

(2) When any public officer has done, or suffered to be done, an act which under the laws of this state constitutes a forfeiture of his office.

(3) When any association or any number of persons act as a corporation without being duly incorporated.

This action shall be brought by the attorney general of the state or by the parish district attorney of the parish in which the case arises against the offender, and the suit shall be filed in the district court of that parish.

The action may also be brought by the governor appearing in proper person or through the attorney general of the state or other counsel he may select.
La. Rev. Stat. § 42:262 — LA Code / Code revised-statutes / Title 42 / Section 262
Special attorney or counsel
Status: in_force

A. In the event that the attorney general, or any state agency, board or commission, not including any public postsecondary education institution, is represented by a special attorney or counsel, the special attorney or counsel shall not be compensated for such representation on a contingency fee or percentage basis in the absence of express statutory authority, including R.S. 17:100.10, R.S. 23:1669, R.S. 37:2153, R.S. 41:724 and 922, R.S. 42:1157.3, R.S. 46:15, R.S. 47:1512, 1515.3, 1516, 1516.1, and 1676. In retaining a special attorney or counsel, preference shall be given to private attorneys licensed to practice law in this state and law firms domiciled and licensed in this state.

B. Any recovery or award of attorney fees, including settlement, in litigation involving the attorney general or any state agency, board, or commission, not including any public postsecondary education institution, belongs to the state and shall be deposited into the state treasury into the Department of Justice Legal Support Fund in accordance with R.S. 49:259. No payment of attorney fees shall be made out of state funds in the absence of express statutory authority, including R.S. 17:100.10, R.S. 23:1669, R.S. 37:2153, R.S. 41:724 and 922, R.S. 42:1157.3, R.S. 46:15, R.S. 47:1512, 1515.3, 1516, 1516.1, and 1676, except such payment of attorney fees as may be approved by the Joint Legislative Committee on the Budget during the interim between legislative sessions.

C. Any special attorney or counsel retained or employed by the attorney general, or any state agency, board, or commission, not including any public postsecondary education institution, shall not accept nor demand as payment for the services rendered by the special attorney or counsel anything of economic value from any third party.

D. All contracts with any special attorney or counsel shall require the keeping of accurate records of the hours worked and the expenses incurred in the representation of the public entity. In no case shall the attorney general, or any state agency, board, or commission, not including any public postsecondary education institution, incur fees in excess of five hundred dollars per hour for legal services. In the event of a settlement or final judgment which would result in an award of attorney fees in excess of five hundred dollars per hour, the fee amount shall be reduced to an amount equivalent to five hundred dollars per hour, or the maximum rate approved by the Attorney Fee Review Board, whichever is greater.

E. The provisions of this Section shall not apply to attorneys or counsel retained pursuant to R.S. 39:1533(B) and R.S. 49:258 for purposes of defending the state, its agencies and its employees in tort litigation or other matters involving the Self-Insurance Fund as established in R.S. 39:1533.

F. To the extent not otherwise prohibited by Subsections A, B, C, and D of this Section, the following provisions additionally apply to the retainer of any special attorney or counsel:

(1) In the event it should be necessary to protect the public interest, for any state board or commission to retain or employ any special attorney or counsel to represent it in any special matter for which services any compensation is to be paid, the board or commission may retain or employ such special attorney or counsel solely on written approval of the governor and the attorney general and pay only such compensation as the governor and the attorney general may designate or approve in the written approval. The approval shall be given in their discretion upon the application of the board or commission.

(2) The applicant shall include in its application all of the following:

(a) A resolution that includes all of the following:

(i) A statement showing that a real necessity exists.

(ii) A statement fully providing the reasons for the action.

(iii) A statement of the total compensation to be paid.

(iv) The statutory authority for the contingency fee if the contract contains such a fee.

(b) A copy of the proposed contract described in the resolution.

(3) The governor and attorney general shall not ratify or approve any action of a board, or commission, not including any public postsecondary education institution, in employing any special attorney or counsel or paying any compensation for special service rendered, unless all the formalities as provided by this Section have been complied with or if any of the following apply:

(a) The terms of the resolution do not match the required terms of the contract.

(b) The need is not sufficiently shown in the resolution.

(c) The fee is unreasonable.

(d) The governor or attorney general determines there is a valid reason not to ratify or approve the action.

(4) The governor or attorney general shall respond to the application in writing by giving approval or rejection with reasons.

G. The provisions of this Section shall not apply to any legal fees or attorney compensation made in connection with the issuance of bonds, notes, or other issuances of indebtedness when such legal fees or attorney compensation are approved by the State Bond Commission pursuant to R.S. 39:1405.4.

Acts 2014, No. 796, §1, eff. June 19, 2014.
La. Rev. Stat. § 42:81 — LA Code / Code revised-statutes / Title 42 / Section 81
Demand for possession
Status: in_force

If the judgment is against the defendant, and rendered upon the right and in favor of the person alleged to be entitled to the office, he shall have the right, after taking the oath of office, and otherwise complying with the requirements of law, to take upon himself the execution of the office, and he shall immediately demand of the defendant all the books and papers pertaining to the office.
La. Rev. Stat. § 42:65 — LA Code / Code revised-statutes / Title 42 / Section 65
Civil remedy; penalty
Status: in_force

A.(1)(a) The attorney general, a district attorney, or any citizen of the state of Louisiana may by summary process petition for a declaratory judgment against a person alleged to be holding or to have held incompatible offices or employments or holding or have held a combination of offices or employments prohibited in this Part. Venue for the suit for a declaratory judgment shall be at the domicile of the defendant who is or was employed or at the official domicile of any office held by the defendant.

(b) Prior to filing a petition pursuant to Subparagraph (a) of this Paragraph, the attorney general or district attorney shall send written notice by certified mail to the person detailing the alleged violation of this Part.

(2) Whether a person has vacated an incompatible or prohibited office or employment prior to the filing of the suit for declaratory judgment or prior to issuance of a final judgment in the suit shall not prohibit the court from declaring that the person has held incompatible offices or employments or a combination of offices or employments prohibited in this Part and ordering reimbursement pursuant to Subsection C of this Section.

B. If the court declares that the person is holding offices or employments in violation of this Part, the court shall declare the office with the term first to expire or one of the employments vacant and shall enjoin the person from further carrying out the duties of that office or employment; however, a person holding an elective office shall continue to serve and perform the duties of that office until his successor has qualified.

C. The court may order the reimbursement to the appropriate governmental body of all pay or other compensation and all allowances, including all allowances and payments for travel and other expenses which have been received by the official or employee in the position vacated, during a period of time not to exceed six months preceding the filing of suit for declaratory judgment. If the person vacates the position or office to remedy a violation of this Part within fourteen days after written notice of the violation is sent by the attorney general or a district attorney pursuant to Subparagraph (A)(1)(b) of this Section, such person shall not be subject to the reimbursement provided for in this Subsection. If the person against whom a declaratory judgment is rendered has obtained an opinion of the attorney general issued prior to the filing of the suit for a declaratory judgment stating that the combination of offices or employments are not incompatible, and are not in violation of this Part, the court shall comply with Subsection B of this Section; however, the person against whom the declaratory judgment was rendered shall not be required to return any portion of the compensation or allowances received by him prior to the date on which the declaratory judgment becomes final. Whenever any person requests an opinion of the attorney general concerning the offices or employments covered hereby, he shall at the same time provide to the attorney general information describing each of the employments or offices concerning which he requests the opinion, the number of hours worked or normally expected to be worked by him per each day of work for each of such employments or offices, the number of hours worked by him per week for such employments or offices, and shall thereafter furnish any other information the attorney general deems necessary for the issuance of the opinion.

Added by Acts 1979, No. 700, §1; Acts 2010, No. 829, §1.
La. Rev. Stat. § 42:396 — LA Code / Code revised-statutes / Title 42 / Section 396
Temporary appointments
Status: in_force

The governor may in each instance where a leave of absence is granted under the terms of R.S. 42:395 name and designate a person having the necessary legal qualifications to serve during the temporary absence. The person so serving shall be vested with all of the rights, duties and emoluments of the office during the temporary appointment.
La. Rev. Stat. § 42:450.3 — LA Code / Code revised-statutes / Title 42 / Section 450.3
Notification of employer
Status: in_force

A. A qualified public employee shall notify his employing agency of his desire for leave of absence as soon as practicable following the occurrence of a disaster within the state of Louisiana for which his services are needed by a Louisiana unit of the American Red Cross.

B. All requests for disaster service leave of absence under the provisions of this Part shall be made in writing to the appointing authority of the employing agency, and shall include all of the following:

(1) Certification by the employee that he is a Trained Disaster Volunteer.

(2) The nature and location of the disaster to which he is requested to respond.

(3) The anticipated duration of his expected leave.

(4) The type of service he is to provide to the American Red Cross.

(5) The identity and title of the official of the American Red Cross unit who will be supervising the employee.

(6) A written request for the employee's services from an official of the American Red Cross.

Acts 1995, No. 455, §1.
La. Rev. Stat. § 42:26 — LA Code / Code revised-statutes / Title 42 / Section 26
Remedies; jurisdiction; authority; attorney fees
Status: in_force

A. In any enforcement proceeding the plaintiff may seek and the court may grant any or all of the following forms of relief:

(1) A writ of mandamus.

(2) Injunctive relief.

(3) Declaratory judgment.

(4) Judgment rendering the action void as provided in R.S. 42:24.

(5) Judgment awarding civil penalties as provided in R.S. 42:28.

B. In any enforcement proceeding the court has jurisdiction and authority to issue all necessary orders to require compliance with, or to prevent noncompliance with, or to declare the rights of parties under the provisions of this Chapter. Any noncompliance with the orders of the court may be punished as contempt of court.

C. If a party who brings an enforcement proceeding pursuant to R.S. 42:25 prevails, the party shall be awarded reasonable attorney fees and other costs of litigation. If such party prevails in part, the court may award the party reasonable attorney fees or an appropriate portion thereof.

D. If the court finds that the proceeding was of a frivolous nature and was brought with no substantial justification, it may award reasonable attorney fees to the prevailing party.

Added by Acts 1979, No. 681, §1. Acts 1989, No. 54, §1; Acts 2010, No. 861, §23; Acts 2019, No. 340, §1.
La. Rev. Stat. § 42:431 — LA Code / Code revised-statutes / Title 42 / Section 431
Definitions
Status: in_force

The following words and terms, when used in this Part, shall have the following meanings:

(1) "Public employee" means any full-time employee of this state or of any branch of the state government, of any executive department of the state, or of any agency, board, or commission of the state, or local governmental subdivision. However, no elected official shall be considered a public employee for purposes of this Part.

(2) "Team" includes any group leader, coach, official, or athlete who is a member of the official delegation of the United States to world, Pan American, or Olympic competition.

(3) "World, Pan American, or Olympic Competition" means any athletic competition involving athletes from two or more nation states.

Added by Acts 1978, No. 70, §1, eff. June 16, 1978.