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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 231 2017 Regular Session Thibaut
Keyword and oneliner of the instrument as it left the House
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
Report rejects Senate amendments which would have:
1. Provided an additional ethics exception to allow classroom teachers in public schools to
provide tutoring services in academic subjects on a private fee basis outside school hours to
their own students or other students enrolled in a school under the jurisdiction of the public
school governing authority.
Report amends the bill to:
1. Provide an additional ethics exception to allow a public school teacher to receive
compensation for providing academic tutoring services outside of normal school hours to any
student enrolled in the teacher's school pursuant to a policy adopted by the school governing
authority which has been approved by the Board of Ethics
Digest of the bill as proposed by the Conference Committee
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.
Present law (R.S. 42:1111) provides, subject to certain exceptions, that no public servant shall
receive any thing of economic value, other than compensation and benefits from the governmental
entity to which he is duly entitled, for the performance of the duties and responsibilities of his office
or position or for any service the subject matter of which is devoted substantially to the
responsibilities, programs, or operations of the agency of the public servant and in which the public
servant has participated. Present law (R.S. 42:1115(A)) prohibits a public servant from soliciting or
accepting any thing of economic value as a gift or gratuity from any person if the public servant
knows or should know that such person has or is seeking to obtain a business relationship with the
public servant's agency or is seeking to influence the passage or defeat of legislation by the public
servant's agency. Present law (R.S. 42:1115(B)) further prohibits a public employee from accepting
any thing of economic value from any person who conducts operations regulated by the public
employee's agency or who has substantial economic interests which may be substantially affected
by the performance or nonperformance of the public employee's official duty.
Proposed law additionally provides an exception to allow a public school teacher to receive
compensation for providing academic tutoring services outside of normal school hours to any student
enrolled in the teacher's school pursuant to a policy adopted by the school governing authority and
approved by the Board of Ethics.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1123(22); Adds R.S. 42:1123(44))