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.