RDCSB122 1814 5197
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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)]
Morrish SB No. 122
Present law (ethics code) 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 defines "public servant" as a
public employee or an elected official.
Proposed law provides an exception to allow a member of a governing authority of a
municipality with a population of 5,000 or less or a legal entity in which the member
exercises control or owns an interest in excess of 25% to perform bona fide compensated
services for any person who has or is seeking a contractual or other business or financial
relationship with the municipality, subject to the following requirements:
(1)The governing authority member recuses himself on all matters involving the
municipality and the person.
(2)The terms and conditions of the services performed by the governing
authority member are customary and reasonable and the compensation
received by the governing authority member is commensurate with the level
of the service provided.
(3)Compensation received by a member or legal entity shall be limited to no
more than $10,000 per calendar year from any one person. The member
shall report such compensation to the governing authority at the same time
that the member files his annual personal financial disclosure statement with
the Board of Ethics. The report shall include the name of each person from
whom such compensation was received during the previous calendar year
and the total amount of such compensation received from each such person.
(Adds R.S. 42:1123(43))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Limits the member's compensation or revenue to $10,000 per year and
requires annual reporting to the governing authority of which he is a member.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the engrossed bill.
1. Replaces proposed provisions limiting a member's compensation or revenue from
a relationship with a person seeking relationships with the member's agency to
no more than $10,000 per year with provisions limiting compensation received
by a member or legal entity pursuant to proposed law to no more than $10,000
per calendar year from any one person.
2.Specifies that the member is responsible for reporting such compensation and
provides for the content of such reports. RDCSB122 1814 5197
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3. Removes references to revenue from proposed law.