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Regular Session, 2010
SENATE BILL NO. 783
BY SENATOR MARIONNEAUX
LEGISLATORS. Prohibits any legislator from doing business with the state of Louisiana.
(gov sig)
AN ACT1
To amend and reenact R.S. 42:1112 and 1113(C), and to enact R.S. 42:1123(42), relative to2
conflicts of interest; to provided that a legislator is prohibited from participating in3
any transaction with the state in which he has a personal economic interest; to4
provide relative to exceptions to conflicts of interest law; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 42:1112 and 1113(C) are hereby amended and reenacted, and R.S.8
42:1123(42) is hereby enacted, to read as follows: 9
§1112. Participation in certain transactions involving the governmental entity10
A. No public servant, excluding any legislator, and except as provided in11
R.S. 42:1120, shall participate in a transaction in which he has a personal substantial12
economic interest of which he may be reasonably expected to know involving the13
governmental entity.14
B. Notwithstanding any other provision of law and without exception15
other than as provided in R.S. 42:1120, no legislator shall participate in any16
transaction in which he has a personal economic interest involving the17 SB NO. 783
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governmental entity.1
B. C. No public servant, except as provided in R.S. 42:1120, shall participate2
in a transaction involving the governmental entity in which, to his actual knowledge,3
any of the following persons has a substantial economic interest:4
(1) Any member of his immediate family.5
(2) Any person in which he has a substantial economic interest of which he6
may reasonably be expected to know.7
(3) Any person of which he is an officer, director, trustee, partner, or8
employee.9
(4) Any person with whom he is negotiating or has an arrangement10
concerning prospective employment.11
(5) Any person who is a party to an existing contract with such public12
servant, or with any legal entity in which the public servant exercises control or owns13
an interest in excess of twenty-five percent, or who owes any thing of economic14
value to such public servant, or to any legal entity in which the public servant15
exercises control or owns an interest in excess of twenty-five percent, and who by16
reason thereof is in a position to affect directly the economic interests of such public17
servant.18
C. D. Every public employee, excluding an appointed member of any board19
or commission, shall disqualify himself from participating in a transaction involving20
the governmental entity when a violation of this Part would result. The procedures21
for such disqualification shall be established by regulations issued pursuant to R.S.22
42:1134(A)(1).23
D. E. No appointed member of any board or commission, except as provided24
in R.S. 42:1120.1 or 1120.4, shall participate or be interested in any transaction25
involving the agency when a violation of this Part would result.26
* * *27
§1113. Prohibited contractual arrangements; exceptions; reports28
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C. (1) Notwithstanding any other provision of law, no legislator or any1
legal entity in which he has a controlling interest shall bid on or enter into or be2
in any way interested in any contract, subcontract, or other transaction3
involving the governmental entity. (2) No legislator, member of his a legislator's4
immediate family, or legal entity in which he has a controlling interest shall bid on5
or enter into or be in any way interested in any contract, subcontract, or other6
transaction involving the legislator's agency.7
* * *8
§1123. Exceptions9
This Part shall not preclude:10
* * *11
(42) The exceptions provided for in this Section shall not apply to any12
transaction that is otherwise specifically prohibited by R.S. 42:1112(B) or13
1113(C)(1).14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that no public servant, except as provided in present law relative to
recusal from voting, is allowed to 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.
Proposed law provides that no public servant, excluding any legislator, and except as
provided in present law, is allowed to 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.
Proposed law further provides that except as provided in present law relative to recusal from
voting, no legislator is allowed to participate in any transaction in which he has a personal
economic interest involving the governmental entity. SB NO. 783
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law provides that no legislator, member of his immediate family, or legal entity in
which he has a controlling interest is allowed to bid on or enter into or be in any way
interested in any contract, subcontract, or other transaction involving the legislator's agency.
Proposed law retains present law with regard to a legislator's family and further provides that
no legislator or any legal entity in which he has a controlling interest is allowed to bid on or
enter into or be in any way interested in any contract, subcontract, or other transaction
involving the governmental entity.
Present law provides exceptions to conflicts of interest law.
Proposed law retains present law and adds that these exceptions do not apply to any
transaction that is otherwise specifically prohibited by proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1112 and 1113(C); adds R.S. 42:1123(42))