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Regular Session, 2012
HOUSE BILL NO. 279
BY REPRESENTATIVE SIMON
DISTRICTS/HOSPITAL SERVC: Removes certain restrictions relative to contracting,
ownership interests, and employment applicable to members and former members
of the board of commissioners of the St. Tammany Parish Hospital Service District
No. 1
AN ACT1
To enact Subsection B of Section 2 of Act No. 180 of the 1984 Regular Session of the2
Legislature, as amended by Act No. 353 of the 1986 Regular Session of the3
Legislature, Act No. 999 of the 1991 Regular Session of the Legislature, Act No. 5704
of the 1992 Regular Session of the Legislature, Act No. 440 of the 1997 Regular5
Session of the Legislature, Act Nos. 562 and 1214 of the 2003 Regular Session of6
the Legislature, and Act No. 394 of the 2010 Regular Session of the Legislature,7
relative to the St. Tammany Parish Hospital Service District No. 1; to remove certain8
restrictions relative to contracting, ownership interests, and employment applicable9
to members and former members of the board of commissioners of the district; to10
provide for recusal; to provide for disclosure; to provide limitations; to provide for11
applicability; to provide for effectiveness; and to provide for related matters.12
Notice of intention to introduce this Act has been published13
as provided by Article III, Section 13 of the Constitution of14
Louisiana.15
Be it enacted by the Legislature of Louisiana:16
Section 1. Subsection B of Section 2 of Act No. 180 of the 1984 Regular Session of17
the Legislature, as amended by Act No. 353 of the 1986 Regular Session of the Legislature,18
Act No. 999 of the 1991 Regular Session of the Legislature, Act No. 570 of the 199219
Regular Session of the Legislature, Act No. 440 of the 1997 Regular Session of the20 HLS 12RS-907 ENGROSSED
HB NO. 279
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Legislature, Act Nos. 562 and 1214 of the 2003 Regular Session of the Legislature, and Act1
No. 394 of the 2010 Regular Session of the Legislature, is hereby enacted to read as follows:2
§2. Boards of commissioners; appointment; terms; vacancies; officers;3
meetings; compensation; St. Tammany Parish Hospital Service4
District No. 15
* * *6
B.(1) Notwithstanding any other provision of law to the contrary, a7
licensed physician who is a member or former member of the board of8
commissioners is not prohibited from contracting, subcontracting with9
another provider who contracts, owning an interest in an entity that contracts,10
or accepting employment with St. Tammany Parish Hospital, provided that11
the contract is related to the licensed physician's practice of medicine or12
expertise as a licensed physician. However, such licensed physician shall13
recuse himself from participating in any transaction before the board relating14
to any contracts permitted by this Subsection and entered into by him, by a15
provider with which he subcontracts, or by any entity in which he owns an16
interest.17
(2) All contracts permitted by this Subsection, entered into while the18
physician is a member of the board of commissioners and for two years19
following the termination of his service on the board, shall be disclosed to the20
Louisiana Board of Ethics within thirty days of the execution of the contract.21
The disclosure shall include the parties to the contract, the purpose of the22
contract, and the date the contract was executed.23
Section 2. This Act is declared to be remedial, curative, and procedural and therefore24
is to be applied retroactively as well as prospectively.25
Section 3. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28 HLS 12RS-907 ENGROSSED
HB NO. 279
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
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)]
Simon HB No. 279
Abstract: Removes certain restrictions relative to contracting, ownership interests, and
employment applicable to members and former members of the board of
commissioners of the St. Tammany Parish Hospital Service District No. 1.
Present law (Code of Governmental Ethics) generally prohibits an appointed member of any
board or commission, member of his immediate family, or legal entity in which he has a
substantial economic interest from bidding on or entering into or being in any way interested
in any contract, subcontract, or other transaction which is under the supervision or
jurisdiction of the agency of such appointed member. Generally prohibits a board member
and other public servants and certain related entities from receiving compensation from a
person who has or is seeking to obtain contractual or other business or financial relationships
with the board member's or public servant's agency.
Present law prohibits a former member of a board or commission for two years following
termination of public service on the board or commission from contracting with, being
employed in any capacity by, or being appointed to any position by that board or
commission.
Proposed law provides that notwithstanding any other provision of present law to the
contrary, a licensed physician who is a member or former member of the board of
commissioners for St. Tammany Parish Hospital Service District No. 1 is not prohibited
from contracting, subcontracting with another provider who contracts, owning an interest
in an entity that contracts, or accepting employme nt with St. Tammany Parish Hospital,
provided that the contract is related to the licensed physician's practice of medicine or
expertise as a licensed physician. Provides, however, that such licensed physician shall
recuse himself from participating in any transaction before the board relating to any
contracts entered into by him, by a provider with which he subcontracts, or by any entity in
which he owns an interest.
Proposed law requires all contracts permitted by proposed law, entered into while the
physician is a member of the board of commissioners and for two years following the
termination of his service on the board, to be disclosed to the Board of Ethics within 30 days
of the execution of the contract. Requires the disclosure to include the parties to the
contract, the purpose of the contract, and the date the contract was executed.
Provides that the provisions of proposed law are remedial, curative, and procedural and are
to be applied retroactively as well as prospectively.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds §2(B) of Act No. 180 of the 1984 R.S.) HLS 12RS-907 ENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Adds provisions making proposed law applicable to former members of the
board of commissioners, in addition to present members.
2. Adds stipulation that a contract, to be covered by proposed law, be related to the
licensed physician's practice of medicine or expertise as a licensed physician.
3. Adds a requirement that contracts permitted by proposed law entered into while
the physician is a member of the board of commissioners and for two years
following the termination of his service on the board, be disclosed to the Board
of Ethics within 30 days of the execution of the contract and provides for the
content of the disclosure.