GREEN SHEET REDIGEST
HB 231 2017 Regular Session Thibaut
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
ETHICS/CODE: Allows the immediate family member of a mayor or governing
authority member of a municipality with a population of five thousand or less or a legal
entity in which the family member has an interest to enter into a transaction with the
municipality subject to certain conditions
DIGEST
Present law provides for any mayor or member of a governing authority of a municipality
with a population of 5,000 or less, or legal entity in which he has a controlling interest, from
entering into any transaction that is under the supervision or jurisdiction of the municipality.
Provides that any person who enters into such a transaction does so under the supervision or
jurisdiction of the municipality and requires the municipality to submit a plan to the Board
of Ethics for approval. The plan shall include recusal of the elected official in matters
affecting the transaction; quarterly affidavits concerning the recusal filed with the clerk of
the municipality and the board; the manner of supervising the transactions.
Present law provides certain rules based on the amount of the transaction. Exempts
individual transactions of $250 or less, until they exceed $2,500 in the aggregate in a
calendar year; thereafter such a transaction requires at least three telephone quotations with
written confirmation in the manner provided for transactions in excess of $250, but less than
$2,500. Requires telephone quotations with written confirmation or facsimile quotations to
be solicited from at least three vendors within the municipality, the parish, or within a 50-
mile radius of the municipality for transactions in excess of $250, but less than $2,500,
except in case of emergency. Provides that the plan adopted by the municipality and subject
to board approval may specify situations in which a quotation submitted by the elected
official or his legal entity may be accepted even if it was not the lowest bid received by the
municipality. Provides for an elected official or legal entity in which the elected official has
a controlling interest to enter into transactions with the municipality in excess of $2,500 only
after written invitations are sent to at least three bona fide qualified bidders, other than the
elected official or his legal entity, and upon specific advance approval by the board.
Proposed law retains present law, but additionally allows an immediate family member of
such a mayor or governing authority member, or legal entity in which such an immediate
family member has a controlling interest to enter into transactions with the municipality
subject to the same conditions, and requires the elected official involved to file the same
affidavits required by present law for transactions entered into by his immediate family
members and legal entities in which his immediate family members own a controlling
interest. Additionally makes some technical changes.
Proposed law provides an exception to the Code of Governmental Ethics relative to
classroom teachers tutoring services outside of normal school hours.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1123(22))
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Prepared by J. Ashley Mitchell Carter. Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Clarify that after individual transactions of $250 or less exceed $2,500 in the
aggregate within the calendar year, such a transaction would require at least three
telephone quotations with written confirmation.
2. Make technical changes.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the original bill
1. Adds an exception to the Governmental Code of Ethics for classroom teachers
tutoring after school hours.
Page 2 of 2
Prepared by J. Ashley Mitchell Carter.