HLS 14RS-1354 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 500
BY REPRESENTATIVES BERTHELOT, ANDERS, BARROW, BURFORD, COX, HILL,
HOFFMANN, LEBAS, PATRICK WILLIAMS, AND WILLMOTT
ETHICS/CODE: Allows a public servant to accept gifts valued at twenty-five dollars or
less, up to an aggregate value of seventy-five dollars from any one person in a
calendar year
AN ACT1
To amend and reenact R.S. 42:1123(26), relative to the Code of Governmental Ethics; to2
allow the acceptance of certain gifts by certain public servants under certain3
circumstances; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 42:1123(26) is hereby amended and reenacted to read as follows: 6
ยง1123. Exceptions7
This Part shall not preclude:8
* * *9
(26)(a) The acceptance by a public servant of anything of economic value10
as a gift or gratuity from any person when the value of such gift or gratuity does not11
exceed one hundred dollars per event, for flowers or a donation in connection with12
the death of a member of the immediate family of a public servant.13
(b) The acceptance by a public servant employed by a prekindergarten,14
kindergarten, elementary, or secondary school of anything of economic value as a15
gift from or on behalf of a student or former student when the value of the gift does16
not exceed twenty-five dollars and the aggregate value of all gifts from or on behalf17
of any one person pursuant to this Subparagraph does not exceed seventy-five dollars18
in a calendar year.19
* * *20 HLS 14RS-1354 ENGROSSED
HB NO. 500
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Berthelot HB No. 500
Abstract: Allows a public servant employed by a prekindergarten, kindergarten,
elementary, or secondary school to accept a gift valued up to $25 from a student or
former student, up to an aggregate value of $75 for all gifts from any one person in
a calendar year.
Present law (R.S. 42:1111) prohibits a public servant (which includes a public employee or
an elected official) from receiving anything of economic value, other than compensation and
benefits from the governmental entity to which he is entitled, for the performance of his
duties. Present law (R.S. 42:1115(A)) prohibits a public servant from soliciting or accepting
anything of economic value as a gift or gratuity from any person if the public servant knows
or should know that such person has or is seeking to obtain a business relationship with the
public servant's agency or is seeking to influence the passage or defeat of legislation by the
public servant's agency. Present law (R.S. 42:1115(B)) prohibits a public employee from
soliciting or accepting anything of economic value as a gift or gratuity from any person if
the public employee knows or should know that such person conducts operations or
activities which are regulated by the public employee's agency or has substantial economic
interests which may be substantially affected by the performance or nonperformance of the
public employee's official duty. Present law (R.S. 42:1102(22)) defines a "thing of
economic value" as money or any other thing having economic value except promotional
items having no substantial resale value. Contains certain other exceptions, including the
acceptance of food, drink, or refreshments consumed by a public servant while the personal
guest of a person, including reasonable transportation and entertainment incidental thereto.
Present law (R.S. 42:1126) contains an exception to the ethics code to allow a public servant
to accept a gift or gratuity from any person when the value of such gift or gratuity does not
exceed $100 per event, for flowers or a donation in connection with the death of a member
of the immediate family of a public servant.
Proposed law additionally allows a public servant employed by a prekindergarten,
kindergarten, elementary, or secondary school to accept a gift from or on behalf of a student
or former student when the value of the gift does not exceed $25 and the aggregate value of
all gifts from or on behalf of any one person pursuant to proposed law does not exceed $75
in a calendar year.
(Amends R.S. 42:1123(26))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Restricts the application of the exception to public servants employed by a
prekindergarten, kindergarten, elementary, or secondary school from or on behalf
of a student or former student.