Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB456 Engrossed / Bill

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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, 2014
SENATE BILL NO. 456
BY SENATOR ALLAIN 
ETHICS. Provides relative to application of  nepotism provisions to certain hospital service
districts. (gov sig)
AN ACT1
To amend and reenact R.S. 42:1119(B)(2)(b)(i), relative to the Code of Governmental2
Ethics; to provide for the applicability of the nepotism provisions to hospital service3
districts; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 42:1119(B)(2)(b)(i) is hereby amended and reenacted to read as6
follows: 7
ยง1119.  Nepotism8
*          *          *9
B.	*          *          *10
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection:11
*          *          *12
(b)(i) Any hospital service district with a population of one hundred thousand13
persons or less as of the most recent federal decennial census or hospital public trust14
authority located in such a district may enter into an initial recruiting contract with15
or employ as a health care provider, a licensed physician, a registered nurse, or an16
allied health professional who is a member of the immediate family of any district17 SB NO. 456
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
board, authority, or parish governing authority member or of the chief executive of1
the district or authority provided that such family member is the only qualified2
applicant who has applied for the position after it has been advertised for at least3
thirty days in the official journal of the parish and in all newspapers of general4
circulation in the parish where the hospital is located. The chief executive and any5
member of a board of a hospital service district or hospital public trust authority6
which enters into an initial recruiting contract with or employs such physician,7
registered nurse, or allied health professional shall recuse himself from any decision8
involving the promotion, discipline, discharge, or assignment of any such employee9
who is a member of his immediate family.10
*          *          *11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Allain (SB 456)
Present law, relative to nepotism in the Code of Governmental Ethics, provides that no
member of the immediate family of a member of a governing authority or the chief executive
of a governmental entity shall be employed by the governmental entity.
Present law contains exceptions to this prohibition, including permitting any hospital service
district with a population of 100,000 persons or less as of the most recent federal decennial
census or hospital public trust authority located in such a district to enter into an initial
recruiting contract with or employ as a health care provider, a licensed physician, a
registered nurse, or an allied health professional who is a member of the immediate family
of any district board, authority, or parish governing authority member or of the chief
executive of the district or authority provided that such family member is the only qualified
applicant who has applied for the position after it has been advertised for at least 30 days in
the official journal of the parish and in all newspapers of general circulation in the parish
where the hospital is located. Requires that the chief executive and any member of a board
of a hospital service district or hospital public trust authority which enters into an initial
recruiting contract with or employs such physician, registered nurse, or allied health
professional recuse himself from any decision involving the promotion, discipline,
discharge, or assignment of any such employee who is a member of his immediate family. SB NO. 456
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that the exception in present law is applicable to any hospital service
district.  Otherwise retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1119(B)(2)(b)(i))