RÉSUMÉ DIGEST
ACT 200 (HB 188) 2018 Regular Session Gregory Miller
Existing law (R.S. 42:1111–ethics code) 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(41)) exception allowed the acceptance by a public servant of
complimentary admission, lodging, and transportation reasonably related to an educational
or professional development seminar or conference held in the United States or Canada, if
the public servant was requested or invited to attend by the sponsoring civic, nonprofit,
educational, or political group or organization, provided that (a) the sponsor was not a person
from whom the public servant is prohibited from receiving or accepting a gift pursuant to
existing law (R.S. 42:1115(A)(2)), (b) the seminar or conference was related to the public
service of the public servant and was designed to enhance the knowledge or skill of the
public servant as it related to the performance of his public service, and (c) the public
servant's agency head approved the acceptance. Prior law required any public servant who
accepted such complimentary admission, lodging, or transportation to file an affidavit with
the Bd. of Ethics within 60 days after acceptance disclosing (a) the name of the person or
organization who provided the admission, lodging, or transportation, (b) the person or
organization hosting the seminar or conference, and (c) the amount expended on his behalf.
Prior law did not require an affidavit to be filed in connection with the acceptance by a public
servant of admission, lodging, or transportation relative to a seminar or conference held or
hosted by the agency or governmental entity of the public servant.
New law repeals the prior law exception and provides instead for an exception to existing
law (R.S. 42:1111 and 1115) to allow a public servant to accept complimentary admission,
lodging, and reasonable transportation, or reimbursement for such expenses, provided the
public servant's agency head certifies (1) that the public servant's acceptance of admission,
lodging, or transportation is either of direct benefit to the agency or will enhance the
knowledge or skill of the public servant as it relates to the performance of his public service
and (2) that he approved the public servant's acceptance of admission, lodging, or
transportation.
New law requires the public servant to file, within 60 days of acceptance, a certification with
the Bd. of Ethics containing all of the following:
(1)The date and location of complimentary admission, lodging, or transportation and a
brief description of its purpose.
(2)The name of the person who provided the admission, lodging, or transportation.
(3)The amount expended or reimbursed.
(4)The required certifications of the agency head.
Effective August 1, 2018.
(Adds R.S. 42:1115.2; Repeals R.S. 42:1123(41))