HLS 16RS-894 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 473
BY REPRESENTATIVES HENSGENS AND DWIGHT
ETHICS: Provides relative to certain prohibited conflicts for members of the State Board
of Elementary and Secondary Education and the state superintendent of education
1 AN ACT
2To enact R.S. 42:1111.1, relative to the Code of Governmental Ethics; to provide for
3 additional ethical standards for members and former members of the State Board of
4 Elementary and Secondary Education, the state superintendent of education and the
5 former state superintendent of education, and related persons; to provide for
6 penalties; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 42:1111.1 is hereby enacted to read as follows:
9 ยง1111.1. Additional ethical standards; State Board of Elementary and Secondary
10 Education; state superintendent of education; related persons
11 A. If any provision of this Section conflicts with any other provision of this
12 Part, the more restrictive provision shall govern.
13 B.(1) No member of the State Board of Elementary and Secondary
14 Education, member of his immediate family, or legal entity in which such a person
15 has a substantial economic interest, excluding an ownership interest of less than five
16 percent in a publicly traded corporation, shall bid on or enter into or be in any way
17 interested in any contract, subcontract, or other transaction that is under the
18 supervision or jurisdiction of the State Board of Elementary and Secondary
19 Education or the Department of Education.
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1 (2) No state superintendent of education, member of his immediate family,
2 or legal entity in which such a person has a substantial economic interest, excluding
3 an ownership interest of less than five percent in a publicly traded corporation, shall
4 bid on, enter into, or be in any way interested in any contract, subcontract, or other
5 transaction that is under the supervision or jurisdiction of the State Board of
6 Elementary and Secondary Education or the Department of Education.
7 C.(1) No member of the State Board of Elementary and Secondary Education
8 nor the state superintendent of education and no legal entity of which such person is
9 an officer, director, trustee, partner, or employee, or in which such a person has a
10 substantial economic interest, excluding an ownership interest of less than five
11 percent in a publicly traded corporation, shall receive or agree to receive any thing
12 of economic value from any person who has or is seeking to obtain contractual or
13 other business or financial relationships with the State Board of Elementary and
14 Secondary Education or the Department of Education.
15 (2) No member of the State Board of Elementary and Secondary Education
16 nor the state superintendent of education and no legal entity of which such person is
17 an officer, director, trustee, partner, or employee, or in which such a person has a
18 substantial economic interest, excluding an ownership interest of less than five
19 percent in a publicly traded corporation, shall receive or agree to receive any thing
20 of economic value for assisting a person in a transaction, or in an appearance in
21 connection with a transaction, with the State Board of Elementary and Secondary
22 Education or the Department of Education.
23 (3) No immediate family member of the state superintendent of education
24 or of a member of the State Board of Elementary and Secondary Education and no
25 legal entity of which such an immediate family member is an officer, director,
26 trustee, partner, or employee, or in which an immediate family member has a
27 substantial economic interest, excluding an ownership interest of less than five
28 percent in a publicly traded corporation, shall receive or agree to receive any thing
29 of economic value for assisting a person in a transaction, or in an appearance in
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HB NO. 473
1 connection with a transaction, with the State Board of Elementary and Secondary
2 Education or the Department of Education.
3 D.(1) No member of the State Board of Elementary and Secondary
4 Education nor the state superintendent of education shall participate in a transaction
5 in which he has a personal substantial economic interest involving the State Board
6 of Elementary and Secondary Education or the Department of Education.
7 (2) No member of the State Board of Elementary and Secondary Education
8 nor the state superintendent of education shall participate in a transaction involving
9 the State Board of Elementary and Secondary Education or the Department of
10 Education in which any of the following persons has a substantial economic interest:
11 (a) Any member of his immediate family.
12 (b) Any person in which he has a substantial economic interest.
13 (c) Any person of which he is a member or an officer, director, trustee,
14 partner, or employee.
15 (d) Any person of which his immediate family member is a member or an
16 officer, director, trustee, partner, or employee.
17 (e) Any person with whom he is negotiating or has an arrangement
18 concerning prospective employment.
19 (f) Any person who is a party to an existing contract with such public servant
20 or his immediate family member or with any legal entity in which the public servant
21 or his immediate family member owns an interest, excluding an ownership interest
22 of less than five percent in a publicly traded corporation.
23 E. No former member of the State Board of Elementary and Secondary
24 Education nor former state superintendent of education shall, for a period of two
25 years following the termination of his public service in such position, engage in a
26 transaction, assist another person in a transaction, or make an appearance in
27 connection with a transaction involving the State Board of Elementary and
28 Secondary Education or the Department of Education for compensation or render
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HB NO. 473
1 any service on a contractual basis to or for the State Board of Elementary and
2 Secondary Education or the Department of Education.
3 F. No legal entity in which a former member of the State Board of
4 Elementary and Secondary Education or former state superintendent of education is
5 an officer, director, trustee, partner, or employee shall, for a period of two years
6 following the termination of his public service in such position, engage in a
7 transaction, assist another person with a transaction, or make an appearance in
8 connection with a transaction involving the State Board of Elementary and
9 Secondary Education or the Department of Education for compensation.
10 G. No member of the State Board of Elementary and Secondary Education,
11 state superintendent of education, former member of the State Board of Elementary
12 and Secondary Education, or former state superintendent of education shall share in
13 any thing of economic value received by another person for any activity, action, or
14 assistance which such public servant or former public servant is prohibited from
15 performing by this Part.
16 Section 2. The provisions of R.S. 42:1111.1(E), (F), and (G) as enacted by the
17provisions of Section 1 of this Act shall not apply to any former member of the State Board
18of Elementary and Secondary Education whose term of office ended on or before January
1911, 2016, nor to any legal entity in which such a former member of the State Board of
20Elementary and Secondary Education is an officer, director, trustee, partner, or employee.
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)]
HB 473 Engrossed 2016 Regular Session Hensgens
Abstract: Provides for additional ethical standards for members and former members of the
State Bd. of Elementary and Secondary Education, the state superintendent of
education and the former state superintendent of education, and immediate family
members of such persons and specified related legal entities.
Present law (Code of Governmental Ethics) provides for ethical standards for elected
officials, public employees, and certain other persons including prohibited conflicts of
interest involving payments from nonpublic sources, prohibited participation in transactions,
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HB NO. 473
prohibited contractual arrangements, prohibited gifts, abuse of office, nepotism, financial
disclosure, and post public service restrictions. Provides definitions and exceptions.
Proposed law retains present law, and proposed law further provides for additional ethical
standards applicable to members and former members of the State Bd. of Elementary and
Secondary Education (BESE), the state superintendent of education and the former state
superintendent of education, and immediate family members and specified legal entities as
follows:
(1)Prohibits a member of BESE or member of his immediate family, the state
superintendent of education or member of his immediate family, or legal entity in
which such a person has a substantial economic interest, excluding an ownership
interest of less than 5% in a publicly traded corporation, from bidding on, entering
into, or being in any way interested in any contract, subcontract, or other transaction
which is under the supervision or jurisdiction of BESE or the Dept. of Education.
(2)Prohibits a member of BESE, the state superintendent of education, or a legal entity
of which any such person is an officer, director, trustee, partner, or employee, or in
which such a person has a substantial economic interest, excluding an ownership
interest of less than 5% in a publicly traded corporation, from receiving or agreeing
to receive any thing of economic value from any person who has or is seeking to
obtain contractual or other business or financial relationships with BESE or the Dept.
of Education.
(3)Prohibits a member of BESE, the state superintendent of education, or a legal entity
of which any such person is an officer, director, trustee, partner, or employee, or in
which such a person has a substantial economic interest, excluding an ownership
interest of less than 5% in a publicly traded corporation, from receiving or agreeing
to receive any thing of economic value for assisting a person in a transaction, or in
an appearance in connection with a transaction, with BESE or the Dept. of
Education.
(4)Prohibits an immediate family member of the state superintendent of education or
of a BESE member and any legal entity of which such an immediate family member
is an officer, director, trustee, partner, or employee, or in which an immediate family
member has a substantial economic interest, excluding an ownership interest of less
than 5% in a publicly traded corporation, from receiving or agreeing to receive any
thing of economic value for assisting a person in a transaction, or in an appearance
in connection with a transaction, with BESE or the Dept. of Education.
(5)Prohibits a member of BESE and the state superintendent of education from
participating in a transaction in which he has a personal substantial economic interest
involving BESE or the Dept. of Education.
(6)Prohibits a member of BESE and the state superintendent of education from
participating in a transaction involving BESE or the Dept. of Education in which any
of the following persons has a substantial economic interest: (a) any member of his
immediate family; (b) any person in which he has a substantial economic interest;
(c) any person of which he is a member or an officer, director, trustee, partner, or
employee; (d) any person of which his immediate family member is a member or an
officer, director, trustee, partner, or employee; (e) any person with whom he is
negotiating or has an arrangement concerning prospective employment; and (f) any
person who is a party to an existing contract with such public servant or his
immediate family member or with any legal entity in which the public servant or his
immediate family member owns an interest, excluding an ownership interest of less
than 5% in a publicly traded corporation.
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HB NO. 473
(7)Prohibits a former member of BESE or former state superintendent of education, for
a period of two years following the termination of his public service in such position,
from engaging in a transaction, assisting another person in a transaction, or making
an appearance in connection with a transaction involving BESE or the Dept. of
Education for compensation or from rendering any service on a contractual basis to
or for BESE or the Dept. of Education.
(8)Prohibits a legal entity in which a former member of BESE or former state
superintendent of education is an officer, director, trustee, partner, or employee, for
a period of two years following the termination of the member's or superintendent's
public service in such position, from engaging in a transaction, assisting another
person with a transaction, or making an appearance in connection with a transaction
involving the BESE or the Dept. of Education for compensation.
(9)Prohibits a BESE member, former BESE member, state superintendent, and former
state superintendent of education from sharing in any thing of economic value
received by another person for any activity, action, or assistance which such public
servant or former public servant is prohibited from performing by present law and
proposed law (Code of Governmental Ethics).
Proposed law provides that if any provision of proposed law conflicts with any other
provision of present law (Code of Governmental Ethics), the more restrictive provision shall
govern.
Specifies that the proposed law prohibitions on former members of BESE shall not apply to
any former member of BESE whose term of office ended on or before Jan. 11, 2016, nor to
any legal entity in which such a former member of BESE is an officer, director, trustee,
partner, or employee.
Violations of proposed law would be subject to the penalties in present law for violation of
the ethics code and certain other laws within the ethics board's jurisdiction. For public
servants and other persons those penalties include censure and/or a fine of up to $10,000 per
violation and for public employees and other persons including removal, suspension,
reduction in pay, or demotion and/or a fine of up to $10,000 per violation.
(Adds R.S. 42:1111.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Remove proposed prohibition on a member of BESE and the state superintendent
of education from being a member of or serving in any capacity in a
nongovernmental organization if such service or membership requires adherence
to or adoption of educational standards, conditions, or policies unless those
educational standards, conditions, or policies have been approved by the
legislature in the manner provided by law.
2. Provide that the proposed post-service restrictions on former BESE members and
former state superintendents regarding transactions and assistance involving
BESE and the Dept. of Education apply only if the transaction or assistance is for
compensation.
3. Specify that the proposed post-service restrictions do not apply to any former
BESE member whose term ended on or before Jan. 11, 2016, or to any related
legal entity of such former BESE member.
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