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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
prohibit the contracting authority of the executive director and each member of the6
State Board of Elementary and Secondary Education; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 42:1113(D)(1)(a)(ii)(qq) is hereby amended and reenacted and R.S.10
42:1123(43) is hereby enacted to read as follows:11
§1113. Prohibited contractual arrangements12
* * *13
D. (1)(a)(i) * * *14
(ii) The provisions of this Subparagraph and other provisions which reference this15
Item shall apply to the following persons:16
* * *17 SB NO. 61
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(qq) Each member and the executive director or director of the State Board of1
Elementary and Secondary Education.2
* * *3
§1123. Exceptions4
This Part shall not preclude:5
* * *6
(43) Any member of a governing authority of a municipality with a population7
of five thousand or less according to the latest federal decennial census, or legal entity8
in which he has a controlling interest, from rendering compensated services to a person9
or entity which has entered into a transaction with the municipality.10
The original instrument was prepared by Lauren Bailey. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Tim Prather.
DIGEST
Morrish (SB 61)
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% will 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 will 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 render compensated services to 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 extends the prohibition to 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.
Effective August 1, 2013.
(Amends R.S. 42:1113(D)(1)(a)(ii)(qq); adds R.S. 42:1123(43)) SB NO. 61
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Extends the prohibition on contracting to the executive director or director
of the State Board of Elementary and Secondary Education.
2. Changes the exception to the Code of Ethics to allow certain members of a
governing authority of a municipality in which he has a controlling interest
to render compensated services to a person which has entered into a
transaction with the municipality.