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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 129
BY SENATOR JOHN SMITH
ETHICS. Provides for an exception to the definition of "public employee" relative to the
Code of Governmental Ethics. (8/1/13)
AN ACT1
To amend and reenact R.S. 42:1102(18)(b), relative to the Code of Governmental Ethics; to2
provide an exception to the definition of a public employee; to provide relative to3
Hospital Service District Number Two of Beauregard Parish; to provide for4
retroactive application; and to provide for related matters.5
Notice of intention to introduce this Act has been published.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 42:1102(18)(b) is hereby amended and reenacted to read as follows:8
ยง1102. Definitions9
Unless the context clearly indicates otherwise, the following words and10
terms, when used in this Chapter, shall have the following meanings:11
* * *12
(18)(a) * * *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) The donation of property to and the operation of a hospital within16
Hospital Service District Number Two of Beauregard Parish.17 SB NO. 129
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(ii) Periodic duty in the National Guard pursuant to 32 U.S.C.A. 502.1
* * *2
Section 2. The provisions of this Act shall be given retroactive application.3
The original instrument was prepared by Tim Prather. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by J. Ashley Mitchell.
DIGEST
John Smith (SB 129)
Present law defines "public employee" as anyone, whether compensated or not, who is:
(1)An administrative officer or official of a governmental entity who is not filling an
elective office.
(2)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.
(3)Engaged in the performance of a governmental function.
(4)Under the supervision or authority of an elected official or another employee of the
governmental entity.
Present law provides that public employee does not mean anyone whose public service is
limited to periodic duty in the National Guard.
Proposed law retains present law exception and further adds anyone who donates property
to and operates a hospital within Hospital Service District Number Two of Beauregard
Parish.
Effective August 1, 2013.
(Amends R.S.42:1102(18)(b))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Technical Amendment