reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1115. Gifts

RS 42:1115 - Gifts
A. No public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person:
(1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency, or
(2) Is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency.
B. No public employee shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public employee knows or reasonably should know that such person:
(1) Conducts operations or activities which are regulated by the public employee's agency.
(2) Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1983, No. 403, §1; Acts 1987, No. 730, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1115.2. Admission to events; lodging; travel

RS 42:1115.2 - Admission to events; lodging; travel
A. The provisions of R.S. 42:1111 or 1115 shall not preclude the acceptance by a public servant of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, if the agency head of the public servant's agency certifies each of the following:
(1) The public servant's acceptance of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, is either of direct benefit to the agency or will enhance the knowledge or skill of the public servant as it relates to the performance of his public service.
(2) The agency head approved the public servant's acceptance of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, prior to acceptance.
B.(1) Any public servant who accepts complimentary admission, lodging, or transportation, or reimbursement for such expenses, shall file with the Board of Ethics, within sixty days after such acceptance, a certification, on a form designed by the board, disclosing all of the following:
(a) The date and location of complimentary admission, lodging, or transportation and a brief description of its purpose.
(b) The name of the person who gave, provided, paid for, or reimbursed in whole or in part the admission, lodging, or transportation.
(c) The amount expended on his behalf or reimbursed by the person for admission, lodging, and transportation.
(2) The certification required by this Subsection shall include the certifications of the agency head required by Subsection A of this Section.
Acts 2018, No. 200, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1116. Abuse of office

RS 42:1116 - Abuse of office
A. No public servant shall use the authority of his office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to provide himself, any other public servant, or other person with any thing of economic value. This Subsection shall not be construed to limit that authority authorized by law, statute, ordinance, or legislative rule in carrying out official duties.
B. No public servant shall use the authority of his office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to engage in political activity. For the purposes of this Subsection, "political activity" means an effort to support or oppose the election of a candidate for political office in an election. This Subsection shall not be construed to limit that authority authorized by law, statute, ordinance, or legislative rule in carrying out official duties.
C. No regulatory employee shall participate in any way in the sale of goods or services to a person regulated by his public agency, or to any officer, director, agent, or employee of such person, if a member of the immediate family of the regulatory employee, or any business enterprise in which such regulatory employee or member of his immediate family owns at least twenty-five percent, receives or will receive a thing of economic value by virtue of the sale.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1997, No. 338, §1; Acts 1999, No. 418, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1116.1. Repealed by Acts 2003, No. 1292, §1.

RS 42:1116.1 - Repealed by Acts 2003, No. 1292, §1.
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1117. Illegal payments

RS 42:1117 - Illegal payments
No public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
Acts 1979, No. 443, §1, eff. April 1, 1980.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1117.1. Subterfuge to avoid compliance

RS 42:1117.1 - Subterfuge to avoid compliance
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, 1st Ex. Sess., No. 15, §1, eff. March 7, 2008.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1118. Influencing action by legislature or governing authority

RS 42:1118 - Influencing action by legislature or governing authority
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1118.1. Studies or position papers on public policy

RS 42:1118.1 - Studies or position papers on public policy
A. If not otherwise prohibited by this Chapter, any public employee of the executive, judicial, or legislative branch of state government or any local governmental subdivision who contracts with a person or governmental entity to provide political position papers, economic studies, or policy statements relative to public policy concerning any rule, regulation, or legislation proposed, passed, or adopted by the state or any of its political subdivisions, or any entity receiving public funds, shall disclose the name and address of the person or governmental entity engaging his services, the amount of the contract, and the nature of the business or relationship.
B. The disclosure statements required by this Section shall be filed with the appropriate ethics body for public employees prior to the publication, dissemination, or public release of such paper, study, or statement.
Acts 1992, No. 927, §1; Acts 2010, No. 861, §18.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1120. Recusal from voting

RS 42:1120 - Recusal from voting
If any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter, provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion or debate and prior to the vote that is the subject of discussion or debate.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1988, No. 880, §1; Acts 2008, 1st Ex. Sess., No. 8, §1, eff. March 6, 2008; Acts 2008, No. 159, §1, eff. June 12, 2008.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1120.4. Recusal from voting; certain appointed members of boards and commissions

RS 42:1120.4 - Recusal from voting; certain appointed members of boards and commissions
A. If any appointed member of a board or commission in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting.
B. An appointed member of a board or commission who recuses himself from voting pursuant to this Section shall be prohibited from participating in discussion and debate concerning the matter.
Acts 2008, No. 685, §1; Acts 2018, No. 534, §2.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1121.1. Assistance to certain persons after termination of public service

RS 42:1121.1 - Assistance to certain persons after termination of public service
Notwithstanding any provisions in Sections 1112, 1113, and 1121 of this Part to the contrary, any member or former member of a parish governing authority who prior to May 25, 2006, was serving as a parish manager may continue to serve as parish manager, provided that such member recuse himself from any vote regarding his employment as parish manager.
Acts 2006, No. 85, §2, eff. May 25, 2006.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1122. Continuation in certain pension and other plans by public servants

RS 42:1122 - Continuation in certain pension and other plans by public servants
A. Pension and benefit plans. A public servant may continue in a bona fide pension, insurance, or other benefit plan maintained by a former employer, provided that such former employer makes no contributions in his behalf with respect to the period of his public service. However, a former employer may make contributions to a pension plan that is qualified under the Internal Revenue Code or to any pension, insurance, or other benefit plan, if such contributions are made on behalf of all former employees who continue in the plan.
B. Profit sharing or stock bonus plans. The rights acquired by a public servant under a bona fide profit sharing or stock bonus plan qualified under the Internal Revenue Code and maintained by a former employer may be retained by such public servant, provided the former employer makes no contributions on his behalf based upon profits derived during the period of his public service.
Acts 1979, No. 443, §1, eff. April 1, 1980.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1123.1. Exception; operation of hospital owned by Hospital Service District Number Two of Beauregard Parish

RS 42:1123.1 - Exception; operation of hospital owned by Hospital Service District Number Two of Beauregard Parish
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1123.2. Exception; certain positions at the Louisiana Department of Health

RS 42:1123.2 - Exception; certain positions at the Louisiana Department of Health
A.(1) The provisions of R.S. 42:1111(C), 1112, and 1113 shall not apply to an exempted physician in the performance of the functions and duties of a position listed in Subsection D of this Section or to the practice of medicine by the exempted physician outside of the performance of such functions and duties.
(2) The provisions of R.S. 42:1111(E) shall not apply to an exempted physician but only to the extent that the transaction with the Louisiana Department of Health is limited to and necessary for the physician's medical care of patients.
B. The provisions of R.S. 42:1121 shall not apply to a former exempted physician who served in the position described in Paragraph (D)(4) of this Section.
C. Prior to being employed by or contracting with the Louisiana Department of Health or an agency thereof to serve in a position listed in Subsection D of this Section, a licensed Louisiana physician shall disclose to the secretary of the Louisiana Department of Health any possible conflicts of interest that could arise in performing the functions and duties of the position, including outside employment and business interests. All such disclosures shall be written and shall be a public record.
D. For purposes of this Section, "exempted physician" means a licensed Louisiana physician who is employed by or who has contracted with the Louisiana Department of Health or an agency thereof to serve in any of the following positions:
(1) Assistant secretary for the office of public health.
(2) Medicaid medical director.
(3) Medical director of the office of behavioral health.
(4) Physician, Eastern Louisiana Mental Health System, competency restoration program.
(5) Cancer policy director.
E.(1) The compensation paid by the Louisiana Department of Health to each physician in a position listed in Subsection D of this Section shall be commensurate with the number of hours worked in such position by the physician.
(2) Each physician in a position listed in Paragraph (D)(1), (2), (3), or (5) of this Section shall be required to work full-time in the position.
F. The Louisiana Department of Health shall submit a quarterly report to the legislature containing the name of the physician in a position listed in Subsection D of this Section, the position, the number of hours worked by the physician during the previous quarter, and the amount of compensation received by the physician from the department during the previous quarter.
Acts 2018, No. 463, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1124.1. Penalties; required reports; failure to file; timely and accurate filing

RS 42:1124.1 - Penalties; required reports; failure to file; timely and accurate filing
A.(1) Whoever fails to file a financial statement required by this Part, except for statements required by R.S. 42:1124, 1124.2, 1124.2.1, and 1124.3, or knowingly and willfully fails to timely file any such statement, or knowingly and willfully fails to disclose or to accurately disclose any information required by this Part shall be assessed a civil penalty pursuant to R.S. 42:1157 for each day until such statement or the required accurate information is filed.
(2) The amount of such penalty shall be one hundred dollars per day for statements required by R.S. 42:1114.
B. Whoever knowingly and willfully files a false report required by this Part, except for statements required by R.S. 42:1124, 1124.2, 1124.2.1, or 1124.3, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned in parish prison for not more than six months, or both. Any prosecution under this Subsection shall be tried before a jury of six persons, all of whom must concur to render a verdict.
C. "Knowingly and willfully" for purposes of this Section means conduct which could have been avoided through the exercise of due diligence.
Acts 1999, No. 2, §1, eff. April 22, 1999; Acts 1999, No. 1349, §2, eff. July 12, 1999; Acts 2008, 1st Ex. Sess., No. 1, §2, eff. Jan. 1, 2009; Acts 2008, No. 472, §1, eff. Jan.1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1124.5. Disclosure; Board of Ethics; ethics administrator

RS 42:1124.5 - Disclosure; Board of Ethics; ethics administrator
Each member of the Board of Ethics and the ethics administrator shall include on the statement required by R.S. 42:1124.2 the following information for the preceding calendar year unless the information is already included in the statement:
(1) The name, address, brief description of, and nature of association with and the amount of interest in each business in which the individual or spouse is a director, officer, owner, partner, member, or trustee, or in which the individual or spouse owns any interest, excluding a publicly traded corporation.
(2) The name, address, type, and amount of each source of income received by the individual or spouse, or by any business in which the individual or spouse owns an interest, excluding a publicly traded corporation, which is received from the state or any political subdivision as defined in Article VI of the Constitution of Louisiana.
(3) The name of each governmental entity from whom the individual or his spouse derives any thing of economic value through any contract or subcontract involving a governmental entity, including the Louisiana Insurance Guaranty Association, the Louisiana Health Insurance Guaranty Association, Louisiana Citizens Property Insurance Corporation, the Property Insurance Association of Louisiana, and any other quasi public entity; the nature of the contract or subcontract; and the value of thing of economic value derived.
Acts 2008, 1st Ex. Sess., No. 1, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1124.6. Disclosure statements; certain agency heads and appointees to state boards and commissions

RS 42:1124.6 - Disclosure statements; certain agency heads and appointees to state boards and commissions
A.(1) Each person who is directly employed by a statewide elected official to serve as an agency head, who is subject to annual financial statements as required by R.S. 42:1124, and who made a contribution or loan in excess of one thousand dollars to a campaign of the official who employed him, shall disclose to the board his date of employment, his salary, the name of the candidate to whom a contribution or loan was made, and the amount of any such contribution or loan. Each such person shall include the information required by this Subsection on the annual financial statement that is required by this Part.
(2) Each person who is appointed to a state board or commission, who is subject to annual financial statements as required by R.S. 42:1124.2.1, and who made a contribution or loan in excess of one thousand dollars to a campaign of the official who appointed him shall disclose to the board his date of appointment, the amount of any compensation provided for such position, the name of the candidate to whom a contribution or loan was made, and the amount of any such contribution or loan. Each such person shall include the information required by this Subsection on the annual financial statement that is required by this Part.
B.(1) The contributions or loans required by this Section to be disclosed shall include only those made within one year of the employment or appointment. This information shall be included in the report that covers the time period in which the employment or appointment occurred.
(2) For purposes of this Section:
(a) "Candidate" shall have the same meaning as provided in R.S. 18:1483(3)(a).
(b) "Contribution" means a gift, conveyance, payment, or deposit of money or anything of value, or the forgiveness of a loan or of a debt, made for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person to public office, whether made before or after the election.
(c) "Loan" shall have the same meaning as provided in R.S. 18:1483(10).
Acts 2009, No. 238, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1130.1. Legislative findings and intent

RS 42:1130.1 - Legislative findings and intent
The Legislature of Louisiana finds that the state has a compelling interest in taking every necessary step to assure that all elections are held in a fair and ethical manner and finds that an election cannot be held in a fair and ethical manner when any candidate or other person is allowed to make false statements, allegations, or insinuations about a candidate or to use deceptive caller identification information falsely to identify a candidate as the source of calls. The legislature finds that such scurrilous, false, or irresponsible adverse comments about a candidate have no place in effective representative democracy. The legislature, therefore, intends that this Part shall apply to all future elections to further the state's compelling interest in protecting the electoral process and the people's interest in assuring that campaign statements are not knowingly false and deliberately misleading.
Acts 2008, No. 812, §1, eff. July 7, 2008.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1130.2. Definitions

RS 42:1130.2 - Definitions
For purposes of this Part, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
(1) "Candidate" means a person who seeks nomination or election to public office. An individual shall be deemed to seek nomination or election to public office if he has done any of the following:
(a) Since prior participation in an election, if any, received and accepted a contribution or made an expenditure, or has given his consent for any other person or committee to receive a contribution or make an expenditure with a view to influencing his nomination or election to public office whether or not the specific public office for which he will be a candidate is known at the time the contribution is received or the expenditure is made.
(b) Taken the action necessary under the laws of the state of Louisiana to qualify himself for nomination or election to public office.
(2) "Contribution" shall have the meaning provided in R.S. 18:1483(6), except that "public office" as used therein shall have the meaning provided in this Section.
(3) "Election" shall have the meaning provided in R.S. 18:1483(8).
(4) "Expenditure" shall have the meaning provided in R.S. 18:1483(9), except that "public office" as used therein shall have the meaning provided in this Section.
(5) "Public office" shall mean any state, parish, municipal, ward, district, or other office or position, including a federal office, which is filled by election of the voters of the appropriate electorate, except the office of president or vice president of the United States, presidential elector, delegate to a political party convention, or political party office.
Acts 2008, No. 812, §1, eff. July 7, 2008.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1130.3. Enforcement; penalties

RS 42:1130.3 - Enforcement; penalties
The provisions of this Part shall be enforced as provided in Part III of this Chapter. Violations of this Part shall be subject to applicable penalties as provided in Part III of this Chapter; however, no fine shall be imposed for any violation occurring prior to January 1, 2009.
Acts 2008, No. 812, §1, eff. July 7, 2008.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1130.4. False statements by candidate

RS 42:1130.4 - False statements by candidate
No candidate in an election shall, with the intent to mislead the voters, distribute or cause to be distributed any oral, visual, digital, or written material containing any statement which he knows or should be reasonably expected to know makes a false statement about another candidate in the election.
Acts 2008, No. 812, §1, eff. July 7, 2008; Acts 2022, No. 110, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1130.5. Push polling; false statement, question, or information

RS 42:1130.5 - Push polling; false statement, question, or information
A. For purposes of this Section, "push poll" means any paid telephone survey or series of telephone surveys that are similar in nature, that do not use an established method of scientific survey research, that reference a candidate or group of candidates other than in a basic preference question, and that ask any question or offer information concerning a candidate or candidates which states, implies, or conveys any negative or derogatory information or insinuation about the candidate or candidates and the primary purpose of which is to support or oppose a candidate in an election and not to measure public opinion.
B. No person shall authorize, commission, administer, conduct, or cause to be conducted any push poll which such person knows contains any false statement or question or which such person knows contains, implies, or conveys any false information or insinuation.
Acts 2008, No. 812, §1, eff. July 7, 2008.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1130.6. Deceptive caller identification information; prohibition

RS 42:1130.6 - Deceptive caller identification information; prohibition
A. No person, for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person to public office, shall authorize or approve any call, or cause any call to be made, which the person knows or reasonably should know will include or will be transmitted with deceptive caller identification information.
B. For purposes of this Section, the following terms shall have the following meanings:
(1) "Caller identification information" means information provided to an end user by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service.
(2) "Caller identification service" means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service.
(3) "Deceptive caller identification information" is caller identification information that falsely indicates that the call originated with a particular candidate or a committee or agent of a particular candidate.
(4) "Telecommunications service" shall have the meaning provided in R.S. 47:301(29)(x). "Telecommunications service" shall include but not be limited to a Voice over Internet Protocol service.
(5) "Voice over Internet Protocol service" means a service that provides real-time voice communications transmitted through end user equipment using TCP/IP protocol or a successor protocol, that is offered to the public or to such classes of users as to be effectively available to the public, and that has the capability to originate traffic to or terminate traffic from the public switched telephone network.
Acts 2008, No. 812, §1, eff. July 7, 2008.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1131. Repealed by Acts 1996, 1st Ex. Sess., No. 64, §10, eff. Jan. 1, 1997.

RS 42:1131 - Repealed by Acts 1996, 1st Ex. Sess., No. 64, §10, eff. Jan. 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1133. Board of Ethics; quorum, recusal, compensation, officers

RS 42:1133 - Board of Ethics; quorum, recusal, compensation, officers
A. Quorum. Six members shall constitute a quorum for transacting the business of the board.
B. Recusal. Any member of the board who has a personal interest in or who becomes the subject of an investigation or hearing by the board shall recuse himself from participation in such investigation or hearing.
C. Compensation. Members of the board shall receive fifty dollars per diem for each day devoted to the work of the board. They shall also receive reimbursement for vouchered traveling, lodging, and other expenses at the rate established for state employees.
D. Officers. The board shall elect a chairman from among its members to serve a two-year term. The board shall select other necessary officers from among its membership.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1989, No. 721, §1, eff. July 8, 1989; Acts 1990, No. 1076, §1, eff. July 31, 1990; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997.
NOTE: SEE ACTS 1989 NO. 721, §§2 AND 5.
NOTE: ACTS 1990, NO. 1076, §1, CHANGES THE TERMINATION OF ACTS 1989, NO. 721, §§1 AND 2, TO JULY 1, 1991. ALSO SEE NOTES IN LSA AT THIS SECTION.
NOTE: SEE ACTS 1996, 1ST EX. SESS., NO. 64, §14.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1135. Enforcement of regulation, decision, or order of the Board of Ethics

RS 42:1135 - Enforcement of regulation, decision, or order of the Board of Ethics
The Board of Ethics shall have the right to enforce any valid regulation, final decision, or final order of the Board of Ethics or the Ethics Adjudicatory Board in any court of competent jurisdiction in this state by a mandamus or injunction suit brought for that purpose. Any court of competent jurisdiction in this state shall have authority to convert a valid final decision or final order into a court order, upon receipt from the Board of Ethics of a rule to show cause for that purpose.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1987, No. 730, §1; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 2012, No. 608, §1, eff. June 7, 2012; Acts 2018, No. 418, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1141.2. Ethics Adjudicatory Board

RS 42:1141.2 - Ethics Adjudicatory Board
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 or 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.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1141.3. Location of hearings

RS 42:1141.3 - Location of hearings
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1151. Administrative enforcement

RS 42:1151 - Administrative enforcement
A. Enforcement as to current public employees. An agency head and any other public servant having the authority to appoint a person to a position of public service, regardless of whether or not such appointment requires the approval of the Senate or any other body, employee, or person, shall take such action as may be ordered by a final decision of the Ethics Adjudicatory Board with respect to any public employee within his agency or any such appointee, upon a determination that such employee or appointee has violated any provision of law within the jurisdiction of the Board of Ethics or any order, rule, or regulation promulgated thereunder. Such action may include the imposition of the conditions described in Subsection B of this Section.
B. Enforcement as to former public servants and other persons. Upon a determination by the Ethics Adjudicatory Board or a court of competent jurisdiction, that a former public servant or other person has violated any provision of law within the jurisdiction of the Board of Ethics or any order, rule, or regulation promulgated hereunder, the agency head or the Ethics Adjudicatory Board shall bar or impose reasonable conditions upon:
(1) The appearance before such agency of such former public servant or other person.
(2) The conduct of, or negotiation or competition for, business with such agency by such former public servant or other person, for such period of time as may be necessary or appropriate to effectuate the purposes of this Chapter.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, 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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1152. Rescission of action of a governmental entity

RS 42:1152 - Rescission of action of a governmental entity
A. Subject to the limitations set forth in this Section, the Ethics Adjudicatory Board may cancel or rescind any contract of or permit or license issued by a governmental entity without liability to the governmental entity when:
(1) The Ethics Adjudicatory Board has found that a violation of law within the jurisdiction of the Board of Ethics has influenced the issuing of the permit or license or the making of such contract.
(2) The Ethics Adjudicatory Board finds under all of the circumstances that the interests of the governmental entity so require; however, such rescission is to be limited so as to not adversely affect the interests of innocent third parties.
B. The determination referred to in Subsection A of this Section shall be made in accordance with the procedures set forth in this Part and shall be subject to judicial review in accordance with the provisions of R.S. 42:1142, provided that the Ethics Adjudicatory Board may suspend the contract, permit, or license of the governmental entity subject to the limitations in Paragraph (A)(2) of this Section pending the determination of the merits of the controversy.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1988, No. 581, §1; Acts 1996, 1st Ex. Sess., No. 64, §6, 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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1153. Penalties

RS 42:1153 - Penalties
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1154. Civil penalties for illegal payments

RS 42:1154 - Civil penalties for illegal payments
When the results of an investigation conducted pursuant to this Part indicates that a violation of R.S. 42:1117 has occurred, and after an adjudicatory hearing on the matter, the Ethics Adjudicatory Board may order the payment of a penalty by any person who violates R.S. 42:1117. The penalty shall be limited to an amount not in excess of ten thousand dollars. Any appeal of such final decision by the Ethics Adjudicatory Board shall be to the Court of Appeal, First Circuit, pursuant to R.S. 42:1142.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 66, §§3, 5, 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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1155. Penalties for illegal gain; forfeiture of gifts, payments

RS 42:1155 - Penalties for illegal gain; forfeiture of gifts, payments
A. If an investigation conducted pursuant to this Part reveals that any public servant or other person has violated any law within the jurisdiction of the Board of Ethics to his economic advantage, and after an adjudicatory hearing on the matter, the Ethics Adjudicatory Board may order the payment of penalties. Recovery may include, in addition to an amount equal to such economic advantage, penalties not to exceed one half of the amount of the economic advantage. Any appeal of such final decision by the Ethics Adjudicatory Board shall be to the Court of Appeal, First Circuit, pursuant to R.S. 42:1142.
B. The Ethics Adjudicatory Board is authorized to order the forfeiture of any gifts or payments made in violation of this Chapter.
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1156. Finding of possible criminal violation

RS 42:1156 - Finding of possible criminal violation
Upon finding at a public hearing that there is probable cause to believe that any public servant or other person has violated any criminal law of this state, the Board of Ethics or the Ethics Adjudicatory Board shall forward a copy of its findings to the district attorney of the parish in which the violation occurred, for appropriate action. Thereafter, notwithstanding any other provision of this Chapter, such district attorney shall have access to all records of the board relative to such charges.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, 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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1157.1. Timely filing of reports and statements due; presumption

RS 42:1157.1 - Timely filing of reports and statements due; presumption
A. The filing of reports and statements shall be deemed timely in the following cases:
(1) The papers are hand-delivered, mailed, or deposited for delivery with a commercial delivery service, on or before the due date. If the papers are received by mail or delivered by a commercial delivery service on the first day following the due date, there shall be a rebuttable presumption that the papers were timely filed. In all cases where the presumption does not apply, the timeliness of the filing shall be shown only by an official U.S. postmark, official receipt or certificate from the U.S. Postal Service, or by receipt or invoice of a commercial delivery service made at the time of mailing or deposit for delivery which indicates the date thereof. For purposes of this Section, "by mail" applies only to the U.S. Postal Service.
(2) The report or statement due is transmitted by facsimile transmission or electronic transfer and received by the board on or before the due date. Any report or statement transmitted by facsimile transmission or electronic transfer and received by the board shall be considered as if filed in the original. However, in the case where the staff of the board discovers that a facsimile transmission or electronic transfer is illegible upon receipt, the staff shall immediately give notice to the party whose report or other statement is illegible that a legible copy of such facsimile transmission or electronic transfer shall be mailed, transmitted by a commercial delivery service, or hand-delivered within twenty-four hours to the offices of the board. The filing date shall be deemed to be the date of receipt of the facsimile transmission or electronic transfer of the report or statement.
B. If the date on which a report or statement is required to be filed occurs on a weekend or a federal or state holiday, the report shall be filed no later than the first working day after the date it would otherwise be due that is not a federal or state holiday.
Acts 1996, 1st Ex. Sess., No. 66, §§3, 5, eff. Jan. 1, 1997; Acts 1999, No. 164, §2.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1157.3. Outside counsel; contingency fee; enforcement and collection authority

RS 42:1157.3 - Outside counsel; contingency fee; enforcement and collection authority
The board may contract with outside counsel on a contingency fee basis to enforce judgments that may arise under this Part. Any such firm or attorney shall be selected pursuant to a request for proposals in accordance with Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950.
Acts 1999, No. 850, §1; Acts 2014, No. 864, §§4 and 5.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1158. Board of Ethics Computerized Data Management System; purpose; goals

RS 42:1158 - Board of Ethics Computerized Data Management System; purpose; goals
A.(1) To enhance the board's ability to govern and enforce the Code of Governmental Ethics and to provide efficient and economical dissemination of information, the board shall establish the Board of Ethics Computerized Data Management System.
(2) The following basic specifications shall be designed into the board's computerized data management system:
(a) The system shall be capable of handling each type of report required to be filed with the board.
(b) The system shall permit electronic filing of all reports required to be filed with the board or as provided for by this Chapter.
(c) The system shall provide for in-house review of all reports filed with the board.
(d) The system's database shall be categorized to provide for citizen's access of all reports filed with the board. This access shall include, but not be limited to, the ability of the public to search by contributor names the system's database of campaign finance disclosure reports that are required to be filed electronically by R.S. 18:1485 and R.S. 42:1125.
(e) The system shall provide a person viewing campaign finance reports filed electronically by a candidate pursuant to R.S. 18:1485 with a link to all reports filed pursuant to R.S. 42:1124.6 in which the candidate is listed.
B. The computerized data system shall be used to aid in the distribution of materials to state and local agencies as provided in R.S. 42:1170.
C. Notwithstanding any contrary provision of this Section, any material or information which is confidential as provided by law shall be excluded from such public access.
D. The Board of Ethics Computerized Data Management System shall commence basic operations no later than May 1, 1997, with total implementation of the system as provided for in this Subpart by May 1, 1998.
Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997; Acts 2010, No. 804, §1, eff. June 30, 2010.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1159. Access; Internet; restrictions

RS 42:1159 - Access; Internet; restrictions
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1160. Electronic response required

RS 42:1160 - Electronic response required
The board shall send a communication electronically in a timely manner to a filing party who files a report through the Computerized Data Management System in the manner provided by this Subpart. This communication shall not take the place of any other type of notice required by law.
Acts 2023, No. 241, §1, eff. Jan. 1, 2024.