The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 193 Original 2020 Regular Session Hewitt
Present law generally prohibits public servants from participating in transactions in which they have
a personal substantial economic interest, of which they may be reasonably expected to know,
involving their governmental entity as well as from participating in transactions in which, to their
actual knowledge any: immediate family member; person of which they are an officer, director,
trustee, partner, or employee; person with whom they are negotiating or have an arrangement
concerning prospective employment; or person who is a party to an existing contract with such
public servant or with any legal entity in which the public servant exercises control or owns an
interest in excess of 25%, or who owes any thing of economic value to such public servant, or to any
legal entity in which the public servant exercises control or owns an interest in excess of 25%, and
who by reason thereof is in a position to affect directly the economic interests of such public servant
has a substantial economic interest.
Proposed law provides exceptions to present law by allowing an officer of a state or local law
enforcement or firefighter association serving as an elected or appointed member of any fire or police
civil service board to participate in transactions in which the association of which he is an officer
has a substantial economic interest involving members of the association as well as transactions
involving a classified employee of the agency whom the association represents in collective
bargaining.
Present law requires any elected official to recuse himself from voting on a matter which would be
a violation of R.S. 42:1112, but does not require him to abstain from participating in debate and
discussion on the matter, provided he makes the disclosure of his conflict or potential conflict part
of the record of his agency prior to the vote.
Present law requires any appointed member of a board or commission to recuse himself from voting
on a matter which would be a violation of R.S. 42:1112 and prohibits him from participating in
debate and discussion on the matter.
Proposed law provides exceptions to present law by allowing an officer of a state or local law
enforcement or firefighter association serving as an elected or appointed member of a fire or police
civil service board to vote on matters involving the association of which they are an officer that
would otherwise be a violation of R.S. 42:1112.
Present law prohibits a legal entity of which a public servant is an officer from receiving any thing
of economic value for assisting a person in a transaction, or in appearance in connection with a
transaction, with the agency of such public servant.
Proposed law provides an exception to present law by allowing a state or local law enforcement or firefighter association to represent a member or classified employee of the agency whom it represents
in collective bargaining before any fire or police civil service board when an officer of the
association serves as a member of the civil service board.
Effective August 1, 2020.
(Adds R.S. 42:1123(47) and (48))