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 90 Engrossed 2017 Regular Session Danahay
Abstract: Allows a public servant to receive any thing of economic value as a contribution or
donation up to a total of $25,000 from not-for-profit organizations or funds within not-for-
profit organizations for the purpose of disaster aid or relief to offset any economic losses
suffered by the public servant as a result of a gubernatorially declared disaster or emergency.
Present law (R.S. 42:1111 - Code of Governmental Ethics) provides, subject to certain exceptions,
that no public servant (defined as a public employee or an elected official) 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.
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.
Present law (R.S. 42:1123(36)) provides an exception to the ethics code which, during the time
period of Aug. 29, 2005, to Dec. 31, 2009, allowed a public employee to receive a thing of economic
value as a contribution or donation from certain specified not-for-profit organizations or specified
funds within such organizations for disaster aid or relief to offset economic losses the employee
suffered due to Hurricane Katrina or Rita. Provides that the value of contributions or donations
received by the employee from any one of such organizations or funds shall not exceed $10,000 and
that the total value of such contributions or donations received by the employee from such
organizations or funds shall not exceed $25,000. Present law required a detailed report from each
not-for-profit no later than Feb. 15, 2010.
Proposed law repeals the present law exception.
Proposed law provides instead an ethics code exception to allow a public servant, during the time
period extending from the date of a gubernatorially declared disaster or emergency and ending on
the date five years after the date the gubernatorially declared disaster or emergency was initially
declared by the governor, to accept a thing of economic value as a contribution or donation from a
not-for-profit organization or a fund within a not-for-profit organization for the purpose of disaster
aid or relief to offset any economic losses suffered by the public servant as a result of the gubernatorially declared disaster or emergency. Limits the total value of contributions or donations
received by the public servant related to the gubernatorially declared disaster or emergency from not-
for-profit organizations or funds within not-for-profit organizations to $25,000. Requires each not-
for-profit organization which disburses a contribution or donation to a public servant to utilize
objective criteria in both evaluating the need for and the disbursement of contributions and donations
to public servants to ensure that fair and equitable disbursements are made and that the
disbursements are based upon demonstrated and documented needs directly related to the
gubernatorially declared disaster or emergency. Requires each not-for-profit organization to file a
report, by Feb. 15 of each year following a year it gives such contributions or donations, with the
Board of Ethics containing the identification of the gubernatorially declared disaster associated with
the contribution or donation, the objective criteria utilized, the name of each public servant to whom
a contribution or donation was given, the name of his agency, the nature of the donation or
contribution, and the value of the donation or contribution. Further requires a report covering 2016
to be filed no later than Feb. 15, 2018.
Proposed law provides that the provisions of proposed law adding the exception to allow a public
servant to receive a donation or contribution related to the gubernatorially declared disaster or
emergency shall be applied retroactively to Jan. 1, 2016, as well as prospectively.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 42:1111.1; Repeals R.S. 42:1123(36))
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 the objective criteria and reporting requirements in the proposed law ethics
exception apply to not-for-profit organizations disbursing contributions and donations
that would have otherwise been prohibited by the ethics code.
2. Apply the requirement for the utilization of objective criteria on disbursements to all
contributions and donations, not just funds.
3. Make technical changes.