HLS 12RS-655 ORIGINAL
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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. 212
BY REPRESENTATIVE RICHARD
LEGISLATORS: Prohibits a former legislator from being appointed to or employed in any
position in state government for a period of two years following the termination of
his service as a legislator
AN ACT1
To enact R.S. 42:1121(A)(3), relative to post-service restrictions; to prohibit a former2
legislator from being appointed to or employed in certain positions for a certain3
period of time; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 42:1121(A)(3) is hereby enacted to read as follows: 6
ยง1121. Assistance to certain persons after termination of public service; post-service7
restrictions8
A.9
* * *10
(3) No former legislator shall, for a period of two years following the11
termination of his public service as a legislator, be employed in any capacity or be12
appointed to any position in state government or any agency thereof.13
* * *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 HLS 12RS-655 ORIGINAL
HB NO. 212
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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)]
Richard HB No. 212
Abstract: Prohibits a former legislator from being appointed to or employed in any position
in state government for a period of two years following the termination of his service
as a legislator.
Present law (R.S. 42:1121) prohibits a former agency head or elected official for a period
of two years following the termination of his public service as the head of such agency or
as an elected public official serving in such agency from assisting another person, for
compensation, in a transaction, or in an appearance in connection with a transaction,
involving that agency or from rendering any service on a contractual basis to or for such
agency. Present law further prohibits a former member of a board or commission for a
period of two years following the termination of his public service on such board or
commission from contracting with, being employed in any capacity by, or being appointed
to any position by that board or commission. (Note: The Board of Ethics has interpreted this
provision to apply in certain circumstances to certain representative bodies.) Present law
further prohibits a legal entity in which a former public servant is an officer, director, trustee,
partner, or employee for a period of two years following termination of his public service
from assisting another person for compensation in a transaction or in an appearance in
connection with a transaction in which such public servant at any time participated during
his public service and involving his former agency. Present law prohibits a former public
servant from sharing in any compensation received by another person for assistance which
such former public servant is prohibited from rendering by present law.
Present law (R.S. 42:1113(D)) prohibits former legislators and former specified executive
branch officials and their spouses and legal entities of such persons for a period of one year
following the termination of the elected official's public service from entering into a
contract with state government if such contract was prohibited prior to the termination of the
public service of the specified public servant.
Proposed law prohibits a former legislator from being appointed to or employed in any
position in state government for a period of two years following the termination of his
service as a legislator and otherwise retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 42:1121(A)(3))