§ 27:96 — Contracts prohibited; gaming operator; public officials; penalties

§96. Contracts prohibited; gaming operator; public officials; penalties
A.(1) No elected public official as defined in R.S. 42:1 shall engage in any business
activity with a licensee except as a patron, or as a performing professional musician.
(2)(a)(i) An elected public official as defined in R.S. 42:1 who is a member of a
governing authority of a parish who was elected to his initial term in 2004, may engage in
any business activity with any licensee if he is a non-key gaming employee as defined by
R.S. 27:3, and his employment with a licensee commenced at least four years prior to holding
elective public office.
(ii) If the employment of an elected public official to whom the provisions of Item
(i) of this Subparagraph are applicable is terminated, nothing in this Subsection shall prohibit
the elected public official from being subsequently employed by a licensee as a non-key
gaming employee as defined in R.S. 27:3 or as an employee whose duties do not involve
access to a designated gaming area of the licensee.
(b) An elected public official as defined in R.S. 42:1 who is a member of a school
board who took his oath of office for his initial term in 2004, may engage in any business
activity with a licensee if he is a non-key gaming employee as defined by R.S. 27:3, if such
employment commenced at least two years prior to August 1, 2004.
(3) If the official is a performing professional musician, the official shall give notice
to the Board of Ethics and the Louisiana Gaming Control Board not later than five days prior
to any performance. If the official is also subject to the Judicial Canons of Ethics, then he
must also provide such notice to the judicial administrator of the Louisiana Supreme Court.
Such notice shall include but not be limited to the following information: the date, time and
location of the performance; the amount of compensation the official has contracted to
receive for the performance; and the identity of the person or entity providing compensation
to the official. A copy of the contract shall also be attached to such notice. Cash
compensation to the official for the performance is prohibited by this Section. The Board of
Ethics may promulgate rules to provide for additional information to be included in such
notice.
(4)(a) If the person has been a non-key gaming employee of a licensee for a period
of four years or more prior to holding such public office, the person shall give notice to the
Board of Ethics, the Louisiana Secretary of State Elections Division, and the Louisiana
Gaming Control Board not later than five days after qualifying for elective public office.
Such notice shall include but not be limited to the following information: the nature,
duration, and compensation for said employment; the identity of the licensee for whom the
person is employed; a copy of the employment contract if the employment is subject to a
written contract, and if not written, a description of the terms of employment between the
licensee and the employee. The public official has a duty to supplement responses upon any
changes in the information contained in the original notice within thirty days of said change.
The Board of Ethics may promulgate rules to provide for additional information to be
included in such notice.
(b) In the event a non-key employee who is also an elected official becomes a key
employee, as defined by R.S. 27:3, such employee shall resign such elective office within
thirty days of becoming a key employee. Provided however, no person who lobbies for a
licensee can run for elective public office.
B. As used in this Section, business activity shall specifically include but is not
limited to contracts:
(1) For the sale or purchase of goods, merchandise, and services.
(2) To provide or receive legal services, advertising, public relations, or any other
business or personal service.
(3) For the listing, purchase or sale of immovable property or options or real rights
relating thereto.
(4) Modifying ownership or possessory interests in stocks, bonds, securities, or any
financial instruments.
C. The Board of Ethics shall administer and enforce the provisions of this Section.
The procedures and penalties provided for in the Code of Governmental Ethics shall apply
to the administration and enforcement of the provisions of this Section.
NOTE: Sec. 2 of No. 258 of the 2015 R.S. provides for prospective and
retroactive application of the Act.

Legislative History

Acts 1991, No. 753, §1, eff. July 18, 1991. Redesignated from R.S. 4:555 by Acts 1996, 1st Ex. Sess., No. 7, §3, eff. May 1, 1996. Acts 1996, 1st Ex. Sess., No. 64, §1, eff. Jan. 1, 1997; Acts 2001, No. 1220, §1; Acts 2004, No. 725, §1, eff. August 1, 2004; Acts 2015, No. 258, §1, eff. June 29, 2015.