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 866 Original 2020 Regular Session Cormier
Abstract: Prohibits the receipt of certain things of economic value by persons affiliated with the
official journal of a political subdivision and their immediate family members from the
political subdivision its agencies.
Present law (ethics code) defines "public employee" as including anyone, whether compensated or
not, who is engaged in the performance of a governmental function or who is under the supervision
or authority of an elected official or another employee of the governmental entity.
Present law (ethics code–R.S. 42:1111) prohibits a public servant from receiving any thing of
economic value from a person to whom the public servant has directed business of the governmental
entity and prohibits a public servant from receiving compensation from certain sources, including
those which have or are seeking a contractual or business or financial relationship with the public
servant's agency. Present law (R.S. 42:1111 & 1113) prohibits a public servant and specified related
legal entities from receiving any thing of economic value for assisting persons in transactions with
the public servant's agency or from engaging in transactions with the public servant's agency.
Present law (R.S. 42:1112) prohibits a public servant from participating in a transaction involving
his governmental entity when the public servant or a person in which he is an officer, director,
trustee, partner, or employee has a substantial economic interest.
Proposed law further prohibits an owner, officer, director, agent, or employee (and his immediate
family members) of a person who has been designated as an official journal of a political subdivision
in accordance with present law (Ch. 4 of Title 43) from directly receiving any thing of economic
value from the political subdivision or from any agency or other governmental entity under the
jurisdiction, control, or supervision of the political subdivision. Provides that the prohibitions apply
throughout the time period of the designation of the person as the official journal and for a period
of two years following the termination of the designation as the official journal. Provides however,
that if a person terminates affiliation with the official journal, the prohibitions applicable to such
person and his immediate family members shall continue for a period of two years following the
termination of the affiliation with the official journal.
Present law provides that violations of present law (ethics code) are punishable by a fine of up to
$10,000 and provides additional penalties for illegal gain and authorizes the Ethics Adjudicatory
Board to cancel or rescind any contract of or permit or license issued by a governmental entity when
a violation of law within the jurisdiction of the board has influenced the issuance of the permit or
license or the making of the contract. Proposed law makes penalties and provisions in present law
(ethics code) applicable to proposed law. Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 42:1111.2)