ENROLLED
2021 Regular Session
HOUSE BILL NO. 113
BY REPRESENTATIVE GADBERRY
1 AN ACT
2 To enact R.S. 42:1111(C)(5), relative to the Code of Governmental Ethics; to allow the
3 continued employment of the spouse of a public servant by a person with or seeking
4 business or financial relationships with the agency of the public servant under
5 specified circumstances; to provide for an effective date; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 42:1111(C)(5) is hereby enacted to read as follows:
9 ยง1111. Payment from nonpublic sources
10 * * *
11 C. Payments for nonpublic service.
12 * * *
13 (5)(a) Notwithstanding the provisions of Subparagraph (2)(d) of this
14 Subsection, the spouse of a public servant may continue employment with a person
15 who has or is seeking a contractual or other business or financial relationship with
16 the public servant's agency provided all of the following conditions are met:
17 (i) The spouse is a salaried or wage-earning employee and has been
18 continuously employed by the person for at least one year prior to the date the
19 compensated employment would have otherwise initially been prohibited.
20 (ii) The compensation of the spouse is substantially unaffected by a
21 contractual or other business or financial relationship with the public servant's
22 agency.
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1 (iii) Neither the public servant nor the spouse is an owner, officer, director,
2 trustee, or partner in the legal entity which has or is seeking to have the relationship
3 with the public servant's agency.
4 (iv) The public servant recuses or disqualifies himself from participating in
5 any transaction involving the spouse's employer in accordance with R.S. 42:1112 and
6 related rules and regulations.
7 (v) Either prior to or within ten business days of the date the compensated
8 employment would otherwise be prohibited, the spouse and the public servant jointly
9 file with the Board of Ethics a written notice containing a brief description of the
10 nature of the contractual, business, or financial relationship with the public servant's
11 agency, the date the spouse was employed by the person, and any other information
12 required by the board.
13 (vi) The spouse complies with the disclosure requirements in R.S. 42:1114.
14 (b) The provisions of this Paragraph shall not apply to members of the
15 legislature.
16 * * *
17 Section 2. This Act shall become effective upon signature by the governor or, if not
18 signed by the governor, upon expiration of the time for bills to become law without signature
19 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
20 vetoed by the governor and subsequently approved by the legislature, this Act shall become
21 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.