reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:723. Positions exempted

RS 42:723 - Positions exempted
Positions in the federal aid agencies and in the merit system council which are not governed by the provisions of this Chapter and are in the exempt service are:
(1) The state health officer, a confidential secretary to the state health officer, and the chief attorney of the department of health.
(2) Members of the state board of health and of all parish and municipal health boards.
(3) The commissioner of public welfare, a confidential secretary to the commissioner, and the chief attorney of the department of public welfare.
(4) Members of the state board of public welfare and of all parish welfare boards.
(5) The secretary, the administrator and the legal counsel of the office of employment security of the Louisiana Workforce Commission, and all employees of the Louisiana Workforce Commission not employed in the division of employment security of the department.
(6) Members of the unemployment compensation and employment service advisory councils, and members of the board of review representing employer and employee interests.
(7) The state hospital director, members of the state hospital board and of the state advisory council of the board, and all employees of the state hospital board not employed in the hospital and health planning division of the board.
(8) Independent contractors employed by any federal aid agency to render services on a contractual basis, including independent contractual professional services, provided these contractors meet the standards of training and experience established by the council.
(9) Janitors, maids and manual labor employed by any federal aid agency.
(10) The members of the merit system council.
Acts 1992, No. 447, §4; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:724. §§724 to 727 repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.

RS 42:724 - §§724 to 727 repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:728. Duties of the merit system director

RS 42:728 - Duties of the merit system director
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:729. Statement of policy

RS 42:729 - Statement of policy
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:730. Definitions; interchange of employees; authority of agency heads

RS 42:730 - Definitions; interchange of employees; authority of agency heads
A. For the purposes of R.S. 42:729 and 42:730, the following words and phrases shall have the meanings ascribed to them in this subsection:
(1) "Sending agency" means any department or agency of the federal government, a state government or local government which sends any employee thereof to another governmental agency under the provisions of this Act.
(2) "Receiving agency" means any department or agency of the federal government, a state government or local government which receives an employee of another government under the provisions of R.S. 42:729 and 42:730.
B. The appropriate agency head shall have the authority to adopt a program of the temporary interchange of state employees not classified, between any other state and its agencies and departments, counties, municipalities and the federal government and its agencies.
C. The interchange of any employees from the sending agency to the receiving agency shall be subject to the prior approval of the sending agency and no employee shall be so interchanged without the approval of the sending agency.
D. No detail of an employee under the provisions herein shall be in excess of twenty-four months in any forty-eight month period and must be with the employee's consent.
E. Any employee who is on detail shall receive such salary and expenses as may be fixed by the receiving agency and shall be under the supervision of the receiving agency. Any employee so detailed shall for the purposes of retirement benefits, insurance coverages, and other employee benefits continue to be considered as an employee of the sending agency provided he elects to do so. In case of such election, his contributions to the state retirement system, insurance programs and other such employee annuities shall be on the same basis as any other state employee of like status. The receiving agency or the employee shall be responsible for all such contributions to the appropriate agency of the sending state for which the sending agency would normally be responsible.
Added by Acts 1968, No. 375, §1. Amended by Acts 1975, No. 397, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:801. Administration

RS 42:801 - Administration
A. The Office of Group Benefits is hereby created within the office of the governor, division of administration.
B. As used in this Chapter, "office" means the Office of Group Benefits created in this Section.
C. The general administration of all aspects of programs of benefits as authorized or provided for under the provisions of this Chapter, which shall constitute the Office of Group Benefits, shall be vested in and be the responsibility of the office in accordance with the provisions of this Chapter.
D. The Office of Group Benefits shall be domiciled in Baton Rouge.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:803. Chief executive officer; chief operating officer; powers and duties

RS 42:803 - Chief executive officer; chief operating officer; powers and duties
A. The commissioner of administration shall appoint a chief executive officer who shall be an unclassified employee and serve at the pleasure of the commissioner of administration and shall be subject to Senate confirmation. The chief executive officer shall be qualified in the areas of the administration of group insurance and other benefit programs and the investment of public funds.
B.(1) The chief executive officer shall exercise all functions necessary for the administration and implementation of the policies and rules of the office which relate to rulemaking, licensing, regulation, enforcement, and adjudication, including personnel management.
(2) The chief executive officer shall employ, appoint, remove, assign, and promote such personnel as are necessary for the efficient administration of the powers, duties, functions, and responsibilities of the board and for the administration and implementation of the office, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the division of administration, and subject to budgetary control and applicable laws.
C.(1) The chief executive officer shall appoint a chief operating officer who shall be an unclassified employee. The chief operating officer shall possess such qualifications deemed necessary by the chief executive officer.
(2) The chief operating officer shall, under the supervision and control of the chief executive officer, perform and administer all functions of the office which are in the nature of accounting and budget control, management and program analysis, and grants management and exercise all functions of the program which relate to payroll, personnel management, procurement, and contract management.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:805. Collection and deposit of contributions

RS 42:805 - Collection and deposit of contributions
A. The office shall be responsible for preparing and transmitting to each employer agency a monthly invoice premium statement delineating the participating employees of that agency, the class of coverage, total amount of employer and employee contributions due to the office, and such other items as are deemed necessary by the office.
B. It shall be the responsibility of the employer agency to reconcile the monthly invoice premium statement, collect the employee contribution by payroll deduction or otherwise, and remit the reconciled monthly invoice premium statement and both the employer and employee contributions to the office within thirty days after receipt of the monthly premium invoice statement.
C. If any employer agency fails to remit both the employer and employee contributions to the board within thirty days after receipt of the monthly invoice premium statement from the office, the state treasurer shall, at the request of the office, withhold from state funds due the agency the full amount of the delinquent employer and employee contributions and remit this amount directly to the office.
D.(1) Except as provided in Paragraph (2) of this Subsection, employer and employee contributions for the payment of premiums for group benefits for state employees contracted for under the provisions of this Chapter shall be deposited directly with the office or its designated third-party administrator. The office shall pay all monies for such benefits as they become due and payable.
(2) The provisions of Paragraph (1) of this Subsection shall not apply to either of the following:
(a) Any individual Medicare marketplace health reimbursement arrangement contracted by the office for Medicare-eligible enrollees.
(b) Health plans administered by Louisiana State University and Agricultural and Mechanical College.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2018, No. 676, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:806. Claims

RS 42:806 - Claims
The office shall be responsible for the processing of all claims under policies for group benefits for state employees contracted for under the provisions of this Chapter. The office shall be responsible for the disbursement of all payments of such claims to program participants.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:807. Retroactive cancellation of coverage

RS 42:807 - Retroactive cancellation of coverage
A. The office is authorized to retroactively cancel coverage in programs offered through the office in the following instances:
(1) To the extent the cancellation of coverage is attributable to a failure of the enrollee to timely pay required premiums or contributions toward the cost of coverage.
(2) The cancellation of coverage is initiated by the enrollee or dependent.
B. When the office retroactively cancels coverage pursuant to this Section, the enrollee shall be liable to the office for all benefits paid by the office on behalf of the enrollee and dependents after the effective date of rescission or cancellation of coverage.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2018, No. 676, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:809. Payroll deductions for payment of premiums, surcharges, and other voluntary contributions

RS 42:809 - Payroll deductions for payment of premiums, surcharges, and other voluntary contributions
State boards, commissions, municipalities, and other public bodies may deduct from the employee's pay, salary, or compensation, such parts of the premiums, surcharges, and other voluntary contributions for life, health, or other benefit programs offered by the office as are payable by the employee and as may be authorized in writing by the employee.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2018, No. 676, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:810. Audit of program accounts

RS 42:810 - Audit of program accounts
The office shall have the accounts of the program audited annually by the legislative auditor or a certified public accountant as described by R.S. 24:513 and shall furnish, as of the end of each fiscal year, a report showing a statement of revenue and expenditures for the preceding year, and a balance sheet showing the financial condition of the program at the end of the fiscal year. It shall also publish a synopsis of the report.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:811. Termination provisions

RS 42:811 - Termination provisions
A. No state agency, local school board, political subdivision, or other entity participating in programs offered through the Office of Group Benefits shall terminate participation in those programs, unless each of the following conditions is met:
(1) The head of the agency has notified the employees of the proposed termination.
(2) The head of the agency has informed the employees regarding these statutory provisions covering termination and re-enrollment.
(3) A majority of the employees of the agency approve in writing such termination within fifteen days of the notification of the proposed termination.
(4) The head of the agency has provided written notice of intent to withdraw to the office at least thirty days prior to the anniversary date of the agency joining the program.
B. Any agency which withdraws from a program offered by the office must pay, in advance, an actuarially determined pro rata share of any accrued liabilities of the program. The actuarial consultant serving the program shall determine the share of liabilities due. Any agency which does not remit the entire share of actuarially determined liabilities shall not be allowed to terminate participation in the program.
C.(1) Notwithstanding any other provision of law to the contrary, no state agency, local school board, political subdivision, or other entity which terminates participation in the programs and procures a private contract of health and life insurance for its employees pursuant to this Section shall, upon termination of the private contract and re-enrollment in the programs, use monies appropriated by the legislature for payment of the state or employer's portion of any premium due the program.
(2) The total amount of the premium due by the employee of such agency to the office shall be deducted from the salary of the employee.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:812. Transparency in prior authorizations

RS 42:812 - Transparency in prior authorizations
A. Beginning January 1, 2023:
(1) The office shall require every health plan offered through the office to furnish in writing or provide electronically, within one business day of a written or oral request by a healthcare provider, the medical criteria and any other requirements that must be satisfied in order for a particular healthcare service, procedure, or prescription drug to be prior authorized by the health plan.
(2) Upon the denial of a prior authorization by a health plan offered through the office, the office shall require the health plan to provide with the written notification of the denial either a copy of the applicable law, regulation, policy, procedure, or medical criterion or guideline that was used by the health plan in the determination to deny the prior authorization or instructions on how to access such law, regulation, policy, procedure, or medical criterion or guideline on the website of the health plan that is publicly accessible.
B. The office may adopt rules in accordance with the Administrative Procedure Act as are necessary for the implementation of this Section.
Acts 2022, No. 696, §1, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:852. Coverage for optometric services

RS 42:852 - Coverage for optometric services
Notwithstanding any provision of law or any rule or regulation to the contrary, the Office of Group Benefits shall provide its eligible benefits, as defined by the program, for visual services which are rendered within the lawful scope of practice of a duly licensed optometrist as defined in R.S. 37:1041. There shall be no discrimination in the payment of benefits allowed for such visual services, whether performed by an optometrist or physician, in instances where the services performed are within the lawful scope of practice of both professions. The coverage required under this Section shall not apply to payment for routine eye examinations, glasses, contact lenses, or office visits wherein the optometrist refers the patient to an ophthalmologist.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:853. Coverage for chiropractic services

RS 42:853 - Coverage for chiropractic services
Notwithstanding any provision of law or any rule or regulation to the contrary, the Office of Group Benefits shall provide its eligible benefits as defined by the program for services which are rendered within the lawful scope of practice of a duly licensed chiropractor as defined in R.S. 37:2801. There shall be no discrimination in the payment of benefits allowed for such services whether performed by a chiropractor or physician in instances where the services performed are within the lawful scope of practice of both professions. Terminology in such a policy, contract, or plan considered discriminatory against any such person or method of practice shall be void.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:854. Office of Group Benefits; use of monies

RS 42:854 - Office of Group Benefits; use of monies
A. Repealed by Acts 2018, No. 676, §2.
B. Repealed by Acts 2018, No. 676, §2.
C. Notwithstanding any other provision of law to the contrary, any money received by or under the control of the Office of Group Benefits shall not be used, loaned, or borrowed by the state for cash flow purposes or any other purpose inconsistent with the purposes of or the proper administration of the Office of Group Benefits.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2018, No. 676, §2.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:856. Optional coverage for rehabilitative physical therapy, speech and language pathology therapy, and occupational therapy

RS 42:856 - Optional coverage for rehabilitative physical therapy, speech and language pathology therapy, and occupational therapy
A. Notwithstanding any provision of law or any rule or regulation to the contrary, the Office of Group Benefits may, at the option of the chief executive officer or the commissioner of administration, offer covered benefits for rehabilitative treatment and services in physical therapy, speech and language pathology therapy, and occupational therapy.
B. These benefits shall be payable when the treatment or services are rendered by a licensed speech pathologist or licensed audiologist in the case of speech or language therapy, or by a licensed physical therapist in the case of physical therapy, or when the rehabilitative treatment or services are rendered by a physician licensed in this state, or when such treatment or services are rendered by a licensed occupational therapist or by a licensed chiropractor.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:857. Authorization for surcharge

RS 42:857 - Authorization for surcharge
A. Notwithstanding any other provision of law or rule or regulation to the contrary, the Office of Group Benefits may impose a surcharge, payable by the participant employer or an enrollee, regardless of the source of funding, upon any class of employees or retirees.
B.(1) In the event the participant employer does not pay the surcharge by the date it is due, the office shall remove that participant employer and all of its employees and retirees from participation in the Office of Group Benefits programs, effective on the last day of the month in which the surcharge was due.
(2) This Subsection shall apply to local school boards only in the event that funds are appropriated by the legislature for the payment of the surcharge applicable to the local school boards.
C. Notwithstanding any other provision of law or rule or regulation to the contrary, in the event an enrollee does not pay an enrollee surcharge or portion of surcharge by the date it is due, the office shall remove that enrollee and his dependents from participation in the program for which the surcharge was applicable, effective on the last day of the month in which the surcharge was due.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2018, No. 676, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:858. Contracts to be subject to other laws concerning group insurance

RS 42:858 - Contracts to be subject to other laws concerning group insurance
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:859. Refund of expenditures ineligible for reimbursement

RS 42:859 - Refund of expenditures ineligible for reimbursement
A. Notwithstanding any provision of law or any rule or regulation to the contrary, no refund shall be required from a plan member or health care provider on a paid claim determined by audit or review to be ineligible under the following circumstances:
(1) For claims paid after June 30, 1999, and before July 1, 2002, if a period of more than twenty-four months has elapsed since the date of payment of such claim.
(2) For claims paid on or after July 1, 2002, if a period of more than eighteen months has elapsed since the date of payment of such claim.
B. The provisions of this Section shall apply to claims paid on or after July 1, 1999. The provisions of this Section shall not apply to refunds collected pursuant to Part II of Chapter 7 of Title 22 of the Louisiana Revised Statutes of 1950.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:871. Group retirement plans

RS 42:871 - Group retirement plans
Any agency or department of the state of Louisiana and each of its political, governmental, and administrative subdivisions are authorized to adopt group plans which allow the purchase of annuities, life insurance, or mutual funds which qualify for deferred federal taxation benefits as provided in Section 401(a) of the U.S. Internal Revenue Code. The employees' contributions for making such purchases may be deducted by the employer from the employees' salaries when authorized in writing by the respective persons so to do; provided that the state of Louisiana shall make no contribution toward such purchases. All such group plans must be procured through insurance companies authorized to do business within this state.
Acts 2001, No. 1178, §5, eff. June 29, 2001.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:881. Establishment of the Group Benefits Policy and Planning Board

RS 42:881 - Establishment of the Group Benefits Policy and Planning Board
A. There is hereby established the Group Benefits Policy and Planning Board within the Office of Group Benefits. The board shall review and recommend life and health benefit programs offered to eligible employees, including the proposed rate structure which will support the life and health benefit plan. At least annually, the chief executive officer shall submit any proposed changes to the rate structure and the associated life and health benefits programs to the board to review and recommend prior to the final adoption of the plan. The plan submitted by the chief executive officer shall include an estimate of the costs and an estimated rate structure for a three-year period. The board shall submit a written report to the commissioner of administration, the chief executive officer of the Office of Group Benefits, and the appropriate legislative oversight committees, including any comments and recommendations regarding modifications to such proposed benefit plans and the associated rates.
B. The Group Benefits Policy and Planning Board shall use any official information provided by the Group Benefits Estimating Conference as may be necessary in the review of benefits plans and proposed rate structures required by this Section.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2015, No. 146, §2, eff. Jan. 1, 2016; Acts 2018, No. 603, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:883. Officers; oath; meetings; quorum; minutes; reports; compensation

RS 42:883 - Officers; oath; meetings; quorum; minutes; reports; compensation
A.(1) At the first meeting held in each fiscal year the board shall elect one of its members to serve as chairman until a new chairman is elected. At the same meeting, the board shall elect from its members a vice chairman to preside at meetings in the absence of the chairman and a secretary who shall be responsible for keeping the records and documents of the board.
(2) In the event of a vacancy in the office of chairman, vice chairman, or secretary, the board shall elect a member to serve in such capacity until the first meeting in the following fiscal year.
B. Each member of the board, within ten days after his election or appointment, shall take the constitutional oath of office.
C. Regular meetings of the board shall be held as called by the chairman at the time and place determined by the board; however, the chairman or a majority of the board, upon giving notice to each member, may call special meetings or cancel regular meetings. Meetings of the board shall be conducted in accordance with Robert's Rules of Order, unless the board prescribes a different procedure. All meetings and hearings of the board shall be open to the public.
D. Six members of the board shall constitute a quorum for the transaction of business, and the approval of a number equal to a majority of the voting membership of the board shall be necessary for any action taken by the board.
E. The secretary of the board shall keep records and minutes of the board's business and official actions. The minutes of the proceedings of the board shall be prepared and maintained by the secretary on behalf of and subject to the approval of the board.
F. Members of the board shall serve without compensation, but shall be reimbursed, in accordance with the official state travel regulations, for all necessary expenses incurred through service on the board.
Acts 2001, No. 1178, §5, eff. June 29, 2001; Acts 2017, No. 316, §1; Acts 2018, No. 676, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1001. Declaration of policy

RS 42:1001 - Declaration of policy
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1004. Contributions by state employees

RS 42:1004 - Contributions by state employees
A. Every employee of the state whose services are covered by an agreement entered into under R.S. 42:1003 shall be required to pay for the period of such coverage, contributions with respect to wages (as defined in R.S. 42:1002), equal to the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act1 if such services constituted employment within the meaning of that Act. Such liability shall arise in consideration of the employee's retention in the service, or his entry upon such service, after the enactment of this Chapter.
B. The contribution imposed by this Section shall be collected by the employer by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.
Acts 1952, No. 204, §4. Amended by Acts 1955, No. 36, §4; Acts 2004, No. 280, §1, eff. July 1, 2004.
126 U.S.C.A. (I.R.C.1939) §1400 et seq.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1008. Rules and regulations

RS 42:1008 - Rules and regulations
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1009. Studies and reports

RS 42:1009 - Studies and reports
The Department of the Treasury may make studies concerning the problem of old age, survivors, disability, and health insurance protection for employees of the state and local governments and their instrumentalities and concerning the operation of agreements made and plans approved under this Chapter and may submit a report to the governor, not later than the first day of February in each year in which regular sessions of the legislature are held, covering the administration and operation of this Chapter during the two preceding calendar years and may make such recommendations for amendments to this Chapter as it deems proper.
Acts 1952, No. 204, §9; Acts 2004, No. 280, §1, eff. July 1, 2004.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1010. Referenda and certification

RS 42:1010 - Referenda and certification
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1011. Effective date of agreement or modification for coverage

RS 42:1011 - Effective date of agreement or modification for coverage
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.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1051. State police officials; designation of portion of salary as statutory subsistence allowance

RS 42:1051 - State police officials; designation of portion of salary as statutory subsistence allowance
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.
126 U.S.C.A. (I.R.C.1954) §120.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1052. Political subdivisions; authorization to designate portion of police salary as subsistence allowance

RS 42:1052 - Political subdivisions; authorization to designate portion of police salary as subsistence allowance
Each and every political subdivision of the State of Louisiana is hereby authorized, by appropriate ordinance, to designate as a subsistence allowance the sum of $5.00 per day of the regular salary of each and every police official employed by such political subdivision.
Acts 1958, No. 69, §2.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1101. Declaration of policy

RS 42:1101 - Declaration of policy
A. Whereas the people of the state of Louisiana have in Article X, Section 21 of the Louisiana Constitution mandated that the legislature enact a code of ethics for officials and employees of this state and its political subdivisions, the legislature does hereby enact a Code of Governmental Ethics.
B. It is essential to the proper operation of democratic government that elected officials and public employees be independent and impartial; that governmental decisions and policy be made in the proper channel of the governmental structure; that public office and employment not be used for private gain other than the remuneration provided by law; and that there be public confidence in the integrity of government. The attainment of one or more of these ends is impaired when a conflict exists between the private interests of an elected official or a public employee and his duties as such. The public interest, therefore, requires that the law protect against such conflicts of interest and that it establish appropriate ethical standards with respect to the conduct of elected officials and public employees without creating unnecessary barriers to public service. It is the purpose of this Chapter to implement these policies and objectives.
Acts 1979, No. 443, §1, eff. April 1, 1980.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1111.1. Charitable giving to public servants during gubernatorially declared disasters and emergencies; limitations; requirements; annual reports

RS 42:1111.1 - Charitable giving to public servants during gubernatorially declared disasters and emergencies; limitations; requirements; annual reports
A. Notwithstanding any contrary provision of this Part, during the time period extending from the date of a gubernatorially declared disaster or emergency and ending on the date five years after the date the gubernatorially declared disaster or emergency was initially declared by the governor, a public servant may receive any thing of economic value as a contribution or donation from a not-for-profit organization or a fund within a not-for-profit organization for the purpose of disaster aid or relief to offset any economic losses suffered by the public servant as a result of the gubernatorially declared disaster or emergency, provided that the total value of contributions or donations received by the public servant related to the gubernatorially declared disaster or emergency from not-for-profit organizations or funds within not-for-profit organizations shall not exceed twenty-five thousand dollars.
B. Each not-for-profit organization which disburses, either directly or through a fund, a contribution or donation to a public servant that, except for the provisions of Subsection A of this Section, would otherwise be prohibited by this Part shall utilize objective criteria in both evaluating the need for and the disbursement of contributions or donations to public servants to ensure that fair and equitable disbursements are made and that the disbursements are based upon demonstrated and documented needs directly related to the gubernatorially declared disaster or emergency.
C. Not later than February fifteenth of each year following a year that a not-for-profit organization has given, either directly or through a fund, a contribution or donation to a public servant that, except for the provisions of Subsection A of this Section, would otherwise be prohibited by this Part, the not-for-profit organization shall file a report with the Board of Ethics containing the identification of the gubernatorially declared disaster associated with the contribution or donation, the objective criteria utilized as required by Subsection B of this Section, the name of each public servant to whom a contribution or donation was given, the name of the agency of each such public servant, the nature of the donation or contribution given to each such public servant, and the value of the donation or contribution given to each such public servant.
Acts 2017, No. 30, §1, eff. June 3, 2017.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1112. Participation in certain transactions involving the governmental entity

RS 42:1112 - Participation in certain transactions involving the governmental entity
A. No public servant, except as provided in R.S. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
B. No public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest:
(1) Any member of his immediate family.
(2) Any person in which he has a substantial economic interest of which he may reasonably be expected to know.
(3) Any person of which he is an officer, director, trustee, partner, or employee.
(4) Any person with whom he is negotiating or has an arrangement concerning prospective employment.
(5) Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
C. Every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this Part would result. The procedures for such disqualification shall be established by regulations issued pursuant to R.S. 42:1134(A)(1).
D. No appointed member of any board or commission, except as otherwise provided in R.S. 42:1120.4, shall participate or be interested in any transaction involving the agency when a violation of this Part would result.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1983, No. 697, §1; Acts 1985, No. 426, §2; Acts 1987, No. 370, §1; Acts 2006, No. 798, §1, eff. June 30, 2006; Acts 2008, No. 685, §1; Acts 2018, No. 534, §2.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1112.1. Service on a civil service commission; recusal

RS 42:1112.1 - Service on a civil service commission; recusal
Notwithstanding the provisions of R.S. 42:1111(C)(2)(d), a licensed attorney who serves as a member of a civil service commission and any legal entity in which he exercises control or owns an interest may receive a thing of economic value for or in consideration of legal services rendered or to be rendered to a classified employee under the jurisdiction of the civil service commission if the legal services rendered or to be rendered do not involve a matter that is under the supervision or jurisdiction of the civil service commission. Such a civil service commission member shall recuse himself from participating in any matter before the civil service commission involving any classified employee to whom he or any legal entity in which he exercises control or owns an interest is rendering legal services.
Acts 2016, No. 518, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1113.1. Gubernatorially declared emergencies or disasters; prohibited personal use conversion and prohibited preferences

RS 42:1113.1 - Gubernatorially declared emergencies or disasters; prohibited personal use conversion and prohibited preferences
A. During a gubernatorially declared emergency or disaster, no public servant shall convert property or resources of his governmental entity or property or resources which have been loaned to his governmental entity to or for his personal use.
B. During a gubernatorially declared emergency or disaster, no public servant shall offer, loan, or donate the property or resources of his governmental entity or property or resources which have been loaned to his governmental entity to or for the use of members of his immediate family in a manner which is preferential to members of his immediate family over members of the general public.
Acts 2007, No. 141, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1114. Financial disclosure

RS 42:1114 - Financial disclosure
A. Other than a legislator, each public servant and each member of his immediate family who derives any thing of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose the following:
(1) The amount of income or value of any thing of economic value derived;
(2) The nature of the business activity;
(3) Name and address, and relationship to the public servant, if applicable; and
(4) The name and business address of the legal entity, if applicable.
B. Each legislator and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the legislator's agency or who derives anything of economic value of which he may be reasonably expected to know through a person which has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction involving the legislator's agency shall disclose the following:
(1) The amount of income or value of anything of economic value derived;
(2) The nature of the business activity;
(3) The name and address, and relationship to the legislator, if applicable; and
(4) The name and business address of the legal entity, if applicable.
C.(1) Other than a legislator, each elected official, his spouse, and any business enterprise in which he has a substantial economic interest, who derives anything of economic value through a contract or other subcontract from the state or any political subdivision shall disclose the following:
(a) The nature of the business activity;
(b) The name and address, and relationship to the elected official, if applicable; and
(c) The name and business address of the political subdivision, if applicable.
(2) For the purposes of this Subsection, a "business enterprise", shall be included in the disclosure statement only if the elected official and/or his spouse owns at least ten percent of such enterprise.
D. Repealed by Acts 1999, No. 2, §3, April 22, 1999.
E. The disclosure statements required in this Section shall be filed each year with the appropriate ethics body by May fifteenth and shall include such information for the previous calendar year. Such statements shall be a matter of public record.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1990, No. 1084, §1; Acts 1997, No. 1279, §1, eff. July 15, 1997; Acts 1999, No. 2, §3, eff. April 22, 1999; Acts 2014, No. 744, §2.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1114.1. Repealed by Acts 2008, 1st Ex. Sess., No. 1, §3, eff. Jan. 1, 2009.

RS 42:1114.1 - Repealed by Acts 2008, 1st Ex. Sess., No. 1, §3, eff. Jan. 1, 2009.