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Regular Session, 2014
HOUSE BILL NO. 277
BY REPRESENTATIVE GEYMANN
ETHICS: Provides for additional ethical standards for members of the State Board of
Elementary and Secondary Education, the state superintendent of education, and
related persons
AN ACT1
To enact R.S. 42:1118.2, relative to the Code of Governmental Ethics; to provide for2
additional ethical standards for members and former members of the State Board of3
Elementary and Secondary Education, the state superintendent of education and the4
former state superintendent of education, and related persons; provides for penalties;5
and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 42:1118.2 is hereby enacted to read as follows: 8
ยง1118.2. Additional ethical standards; State Board of Elementary and Secondary9
Education; state superintendent of education; related persons10
A. If any provision of this Section conflicts with any other provision of this11
Part, the more restrictive provision shall govern.12
B.(1) No member of the State Board of Elementary and Secondary13
Education, member of his immediate family, or legal entity in which such a person14
has a substantial economic interest shall bid on or enter into or be in any way15
interested in any contract, subcontract, or other transaction that is under the16
supervision or jurisdiction of the State Board of Elementary and Secondary17
Education or the Department of Education. This Subsection shall not be construed18
to prohibit the employment of any member of the State Board of Elementary and19 HLS 14RS-236 REENGROSSED
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Secondary Education or any member of the immediate family of a member of the1
State Board of Elementary and Secondary Education by a nonpublic school.2
(2) No state superintendent of education, member of his immediate family,3
or legal entity in which such a person has a substantial economic interest shall bid4
on or enter into or be in any way interested in any contract, subcontract, or other5
transaction that is under the supervision or jurisdiction of the State Board of6
Elementary and Secondary Education or the Department of Education.7
C. No immediate family member of the state superintendent of education or8
of a member of the State Board of Elementary and Secondary Education and no legal9
entity of which such an immediate family member is an officer, director, trustee,10
partner, or employee, or in which an immediate family member has a substantial11
economic interest, shall receive or agree to receive any thing of economic value for12
assisting a person in a transaction, or in an appearance in connection with a13
transaction, with the State Board of Elementary and Secondary Education or the14
Department of Education.15
D.(1) No member of the State Board of Elementary and Secondary16
Education nor the state superintendent of education shall participate in a transaction17
in which he has a personal substantial economic interest involving the State Board18
of Elementary and Secondary Education or the Department of Education.19
(2) No member of the State Board of Elementary and Secondary Education20
nor the state superintendent of education shall participate in a transaction involving21
the State Board of Elementary and Secondary Education or the Department of22
Education in which any of the following persons has a substantial economic interest:23
(a) Any member of his immediate family.24
(b) Any person in which he has a substantial economic interest.25
(c) Any person of which he is a member or an officer, director, trustee,26
partner, or employee.27
(d) Any person of which his immediate family member is a member or an28
officer, director, trustee, partner, or employee.29 HLS 14RS-236 REENGROSSED
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(e) Any person with whom he is negotiating or has an arrangement1
concerning prospective employment.2
(f) Any person who is a party to an existing contract with such public servant3
or his immediate family member or with any legal entity in which the public servant4
or his immediate family member owns a controlling interest.5
E. No former member of the State Board of Elementary and Secondary6
Education nor former state superintendent of education shall, for compensation, for7
a period of two years following the termination of his public service in such position8
engage in a transaction, assist another person in a transaction, or make an9
appearance in connection with a transaction involving the State Board of Elementary10
and Secondary Education or the Department of Education or render any service on11
a contractual basis to or for the State Board of Elementary and Secondary Education12
or the Department of Education.13
F. No legal entity in which a former member of the State Board of14
Elementary and Secondary Education or former state superintendent of education is15
an officer, director, trustee, partner, or employee shall, for compensation, for a16
period of two years following the termination of his public service in such position,17
engage in a transaction, assist another person with a transaction, or make an18
appearance in connection with a transaction involving the State Board of Elementary19
and Secondary Education or the Department of Education.20
G. No member of the State Board of Elementary and Secondary Education,21
state superintendent of education, former member of the State Board of Elementary22
and Secondary Education, or former state superintendent of education shall share in23
any thing of economic value received by another person for any activity, action, or24
assistance which such public servant or former public servant is prohibited from25
performing by this Part.26 HLS 14RS-236 REENGROSSED
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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)]
Geymann HB No. 277
Abstract: Provides for additional ethical standards for members and former members of the
State Board of Elementary and Secondary Education, the state superintendent of
education and the former state superintendent of education, and immediate family
members of such persons and specified related legal entities.
Present law (Code of Governmental Ethics) provides for ethical standards for elected
officials, public employees, and certain other persons including prohibited conflicts of
interest involving payments from nonpublic sources, prohibited participation in transactions,
prohibited contractual arrangements, prohibited gifts, abuse of office, nepotism, financial
disclosure, and post public service restrictions. Provides definitions and exceptions.
Proposed law retains present law, and proposed law further provides for additional ethical
standards applicable to members and former members of the State Board of Elementary and
Secondary Education (BESE), the state superintendent of education and the former state
superintendent of education, and immediate family members and specified legal entities as
follows:
(1)Prohibits a member of BESE or member of his immediate family, the state
superintendent of education or member of his immediate family, or legal entity in
which such a person has a substantial economic interest from bidding on, entering
into, or being in any way interested in any contract, subcontract, or other transaction
which is under the supervision or jurisdiction of BESE or the Dept. of Education.
Specifies that this proposed law prohibition shall not be construed to prohibit
employment of a member of BESE or an immediate family member of a BESE
member by a nonpublic school.
(2)Prohibits an immediate family member of the state superintendent of education or
of a BESE member and any legal entity of which such an immediate family member
is an officer, director, trustee, partner, or employee, or in which an immediate family
member has a substantial economic interest, from receiving or agreeing to receive
any thing of economic value for assisting a person in a transaction, or in an
appearance in connection with a transaction, with BESE or the Dept. of Education.
(3)Prohibits a member of BESE and the state superintendent of education from
participating in a transaction in which he has a personal substantial economic interest
involving BESE or the Dept. of Education.
(4)Prohibits a member of BESE and the state superintendent of education from
participating in a transaction involving BESE or the Dept. of Education in which any
of the following persons has a substantial economic interest: (a) any member of his
immediate family; (b) any person in which he has a substantial economic interest;
(c) any person of which he is a member or an officer, director, trustee, partner, or
employee; (d) any person of which his immediate family member is a member or an
officer, director, trustee, partner, or employee; (e) any person with whom he is
negotiating or has an arrangement concerning prospective employment; and (f) any
person who is a party to an existing contract with such public servant or his
immediate family member or with any legal entity in which the public servant or his
immediate family member owns a controlling interest (defined by present law as any
ownership in any legal entity or beneficial interest in a trust, held by or on behalf of HLS 14RS-236 REENGROSSED
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an individual or a member of his immediate family, either individually or
collectively, which exceeds 25% of that legal entity).
(5)Prohibits a former member of BESE or former state superintendent of education for
a period of two years following the termination of his public service in such position,
from performing the following activities for compensation: engaging in a transaction,
assisting another person in a transaction, or making an appearance in connection with
a transaction involving BESE or the Dept. of Education or from rendering any
service on a contractual basis to or for BESE or the Dept. of Education.
(6)Prohibits a legal entity in which a former member of BESE or former state
superintendent of education is an officer, director, trustee, partner, or employee, for
compensation, for a period of two years following the termination of the member's
or superintendent's public service in such position, from engaging in a transaction,
assisting another person with a transaction, or making an appearance in connection
with a transaction involving the BESE or the Dept. of Education.
(7)Prohibits a BESE member, former BESE member, state superintendent, and former
state superintendent of education from sharing in any thing of economic value
received by another person for any activity, action, or assistance which such public
servant or former public servant is prohibited from performing by present law and
proposed law (Code of Governmental Ethics).
Proposed law provides that if any provision of proposed law conflicts with any other
provision of present law (Code of Governmental Ethics), the more restrictive provision shall
govern.
Violations of proposed law would be subject to the penalties in present law for violation of
the ethics code and certain other laws within the ethics board's jurisdiction. For public
servants and other persons those penalties include censure and/or a fine of up to $10,000 per
violation and for public employees and other persons include removal, suspension, reduction
in pay, or demotion and/or a fine of up to $10,000 per violation.
(Adds R.S. 42:1118.2)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Specifies that the proposed prohibition on certain transactions under the
supervision or jurisdiction of BESE or the Dept. of Education shall not be
construed to prohibit employment of BESE members or immediate family
members of BESE members by a nonpublic school.
House Floor Amendments to the engrossed bill.
1. Changes the proposed post service prohibitions from applying for a period of
four years following termination of public service to applying for a period of two
years following termination of public service.
2. In the post service prohibitions, provides that the prohibitions apply only when
prohibited activities are performed for compensation.