SLS 13RS-20 ORIGINAL
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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. 61
BY SENATOR MORRISH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ETHICS. Provides for exceptions to the provisions of law relative to ethical standards for
public servants. (8/1/13)
AN ACT1
To amend and reenact R.S. 42:1113(D)(1)(a)(ii)(qq) and to enact R.S. 42:1123(43), relative2
to the Code of Governmental Ethics; to provide for an exception to the prohibition3
of a public servant from doing business with a person who has a business4
relationship with the agency of the public servant under certain circumstances; to5
provide for limits on the contracting authority for members of the State Board of6
Elementary and Secondary Education; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 42:1113(D)(1)(a)(ii)(qq) is hereby amended and reenacted and R.S.9
42:1123(43) is hereby enacted to read as follows:10
§1113. Prohibited contractual arrangements11
* * *12
D. (1)(a)(i) * * *13
(ii) The provisions of this Subparagraph and other provisions which reference this14
Item shall apply to the following persons:15
* * *16
(qq) Each member The executive director or director of the State Board of17 SB NO. 61
SLS 13RS-20 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Elementary and Secondary Education.1
* * *2
§1123. Exceptions3
This Part shall not preclude:4
* * *5
(43) Any member of a governing authority of a municipality with a population6
of five thousand or less according to the latest federal decennial census, or legal entity7
in which he has a controlling interest, from entering into any transaction with or8
accepting anything of economic value from a person or entity which has entered into9
a transaction with the municipality.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lauren B. Bailey.
DIGEST
Present law provides that no public servant and no legal entity in which the public servant
exercises control or owns an interest in excess of 25% shall receive any thing of economic
value for or in consideration of services rendered, or to be rendered, to or for any person who
has or is seeking to obtain a contractual or other business or financial relationships with the
public servant's agency.
Present law provides that no public servant shall solicit or accept, directly or indirectly, any
thing of economic value as a gift or gratuity from any person or from any officer, director,
agent, or employee of such person, if such public servant knows or reasonably should know
that such person has or is seeking to obtain contractual or other business or financial
relationships with the public servant's agency.
Present law defines "public servant" as a public employee or an elected official.
Proposed law provides an exception to present law to allow a member of a governing
authority of a municipality with a population of 5,000 or less or legal entity in which he has
a controlling interest to enter into any transaction with or accept anything of economic value
from a person or entity which has entered into a transaction with the municipality.
Present law prohibits each member of the State Board of Elementary and Secondary
Education or their spouse or any legal entity owned by the member from entering into a
contract with the state.
Proposed law provides an exemption from the prohibition for the members of the State
Board of Elementary and Secondary Education or their spouse or any legal entity owned by
the member from entering into a contract with the state.
Proposed law prohibits the executive director or director of the State Board of Elementary
and Secondary Education, his spouse or any legal entity owned by him from entering into
a contract with the state. SB NO. 61
SLS 13RS-20 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Effective August 1, 2013.
(Amends R.S. 42:1113(D)(1)(a)(ii)(qq); adds R.S. 42:1123(43))