HLS 12RS-1476 REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1034
BY REPRESENTATIVE FOIL
ETHICS: Excludes persons whose public service is limited to certain professional services
from the provisions of the Code of Governmental Ethics
AN ACT1
To amend and reenact R.S. 42:1102(18)(b), relative to the application of the Code of2
Governmental Ethics to certain persons; to provide an exception to the definition of3
"public employee" for persons who perform specified, limited contractual services;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 42:1102(18)(b) is hereby amended and reenacted to read as follows:7
ยง1102. Definitions8
Unless the context clearly indicates otherwise, the following words and9
terms, when used in this Chapter, shall have the following meanings:10
* * *11
(18)12
* * *13
(b) However, "public employee" does shall not mean anyone a person whose14
public service is limited to periodic any of the following:15
(i) A contract for design services performed by an architect, engineer, or16
landscape architect.17
(ii) A contract to provide professional services as a certified public18
accountant.19
(iii) Periodic duty in the National Guard pursuant to 32 U.S.C.A. 502.20
* * *21 HLS 12RS-1476 REENGROSSED
HB NO. 1034
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Foil HB No. 1034
Abstract: Provides for purposes of the ethics code that "public employee" does not include
anyone whose public service is limited to a contract for design services performed
by an architect, engineer, or landscape architect or a contract to provide professional
services as a certified public accountant.
Present law (Code of Governmental Ethics) provides for ethical standards for elected
officials, public employees, and certain other persons, including prohibited conflicts of
interest involving payments from nonpublic sources, prohibited participation in transactions,
prohibited contractual arrangements, prohibited gifts, abuse of office, and nepotism.
Provides definitions and exceptions.
Present law provides that for purposes of the Code of Governmental Ethics, the term "public
employee" means anyone, whether compensated or not, who is: (a) an administrative officer
or official of a governmental entity who is not filling an elective office; (b) appointed by
any elected official when acting in an official capacity, and the appointment is to a post or
position wherein the appointee is to serve the governmental entity or an agency thereof,
either as a member of an agency, or as an employee thereof; (c) engaged in the performance
of a governmental function; or (d) under the supervision or authority of an elected official
or another employee of the governmental entity. Present law specifically provides that
"public employee" does not mean anyone whose public service is limited to periodic duty
in the National Guard pursuant to certain provisions of federal law (32 U.S.C.A. 502)
relative to required training, drills, field exercises, and specified other duties. Present law
specifies that a public employee shall be in such status on days on which he performs no
services as well as days on which he performs services and that the termination of any
particular term of employment of a public employee shall take effect on the day the
termination is clearly evidenced.
Proposed law excludes from the definition of "public employee " and therefore from the
applicable provisions of the ethics code a person whose public service is limited to: (a) a
contract for design services performed by an architect, engineer, or landscape architect or
(b) a contract to provide professional services as a certified public accountant.
(Amends R.S. 42:1102(18)(b))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Limits proposed law exclusion from the definition of "public employee" relative
to architects, engineers, and landscape architects by providing that the exclusion
applies to persons whose public service is limited to a contract for design
services performed by such a person instead of a contract for any services
performed by such a person.
2. Adds to proposed law exclusion from the definition of "public employee" a
person whose public service is limited to a contract to provide professional
services as a certified public accountant.