RÉSUMÉ DIGEST
ACT 30 (HB 90) 2017 Regular Session Danahay
Existing 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. Existing 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. Existing 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.
Prior law (R.S. 42:1123(36)) provided 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. Provided that the
value of contributions or donations received by the employee from any one of such
organizations or funds could not exceed $10,000 and that the total value of such
contributions or donations received by the employee from such organizations or funds could
not exceed $25,000. Prior law required a detailed report from each not-for-profit no later than
Feb. 15, 2010.
New law repeals the prior law exception.
New law further provides an exception to the ethics code 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 of the governor's declaration, 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 such contributions or donations received by
the public servant 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 be 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.
New law provides that the provisions of new 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 (June 3, 2017).
(Adds R.S. 42:1111.1; Repeals R.S. 42:1123(36))