RDCSB456 362 5198
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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)]
Allain SB No. 456
Present law (R.S. 42:1119—Code of Governmental Ethics) relative to nepotism prohibits
a governmental entity from employing an immediate family member of a member of a
governing authority or of the chief executive of the governmental entity.
Present law provides an exception for any hospital service district with a population of
100,000 persons or less or hospital public trust authority located in such a district. Provides
that such a district or authority may 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 if
such family member is the only qualified applicant who has applied for the position after it
has been advertised as provided by present law. Present law further provides an additional
substantially similar exception applicable in hospital service districts in a parish with a
population of between 400,000 and 440,000 persons and to hospital public trust authorities
located in such districts; however, this exception provides that the immediate family member
must merely be a qualified applicant, not the only qualified applicant. Present law requires
recusal from decisions involving the promotion, discipline, discharge, or assignment of any
such employee and annual disclosure of the facts of such employment.
Proposed law removes the population restriction from the exception for hospital service
districts, making the exception applicable to every hospital service district or hospital trust
authority located in a hospital service district. Proposed law removes the specific exception
applicable in hospital service districts in a parish with a population of between 400,000 and
440,000 persons and to hospital public trust authorities located in such districts. Otherwise
retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1119(B)(2)(b)(i); Repeals R.S. 42:1119(B)(2)(b)(ii))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the engrossed bill.
1. Adds repeal of the exception that specifically applied to hospital service districts
in a parish with a population of between 400,000 and 440,000 persons and to
hospital public trust authorities located in such districts.