§ 42:1123 — Exceptions
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Text
§1123. Exceptions This Part shall not preclude:
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§1123. Exceptions
This Part shall not preclude:
(1) Participation in the affairs of charitable, religious, nonprofit educational, public
service, or civic organizations, bona fide organized public volunteer fire departments when
no compensation is received, or the activities of political parties not proscribed by law.
Provided, however, that the Code of Governmental Ethics shall apply to the purchase of fire
trucks by bona fide organized public fire departments.
(2)(a) Awards for meritorious public contributions given by public service
organizations.
(b) Awards of anything of economic value received by teachers, principals, or school
employees pursuant to the provisions of R.S. 17:432, 432.1, 433, or 433.1 for their
outstanding achievement in the performance of their duties or responsibilities as teachers,
principals, or school employees given by any person. However, this exception shall not
apply to any award from any person or from any officer, director, agent, or employee of such
person, if the teacher, principal, or school employee receiving the award knows or reasonably
should know that the person has substantial economic interests which may be substantially
affected by the performance or nonperformance of the teacher's, principal's, or school
employee's official duty.
(3) Sharing in any compensation received from the governmental entity by a person
of which such public servant owns or controls less than ten percent, provided such public
servant did not participate or assist in the procurement of such compensation, except as
otherwise specifically prohibited by R.S. 42:1113.
(4) Sharing in any compensation received from the governmental entity by a person
of which such public servant owns or controls any portion thereof, provided such
compensation was received by such person as a result of having made the lowest sealed
competitive bid on a contract or subcontract and having had such bid accepted by the
governmental entity or the general contractor, and provided such public servant did not
participate or assist in the procurement of the acceptance of such low bid, except as
otherwise specifically prohibited by R.S. 42:1113.
(5) Campaign contributions for use in meeting campaign expenses by any public
servant who is or becomes a candidate for election to the same or another public office.
(6) Any activity of any public employee of a public higher education institution in
this state who is covered by the tenure policy of the Board of Regents or the tenure policies
and the administration of the tenure policies by the three higher education management
boards and which activity is required by either regional or professional accreditation
standards of organizations recognized by the Council on Postsecondary Accreditation.
(7) The employment with the office of behavioral health of the Louisiana
Department of Health of a licensed physician who is a member of the psychiatric faculty of
and compensated by Tulane University.
(8) Any individual employed in the maritime industry from serving as an appointed
member of the Board of Commissioners of the Port of New Orleans.
(9)(a) The receipt of or sharing in the proceeds of any patent, copyright, licensing
right, or royalty by faculty or staff members of a public higher education institution or
management board resulting from any activity of the faculty or staff member, which is
consistent with and pursuant to the mission of the college or university to advance
knowledge or further the economic development of the state and which activity has been
approved by the campus head and the management board of the employing college or
university.
(b) The performance of services for compensation for any person, by faculty or staff
members of a public higher education institution, provided the services consist of consulting
related to the academic discipline or expertise of said public employee, or the continued
performance of such services by former faculty or staff members of a public higher education
institution subsequent to the termination of their public service and notwithstanding contrary
provisions of R.S. 42:1121, and provided the services have been approved in writing by the
chief administrative officer of the public employee's institution in accordance with rules and
procedures established by the management board of the institution, which rules and
procedures have been approved by the Board of Regents and the Board of Ethics.
(10)(a) The negotiation or entering into a contract as defined in Subparagraph (b) of
this Paragraph, provided that such contract has been approved in accordance with a
procedure established by the appropriate higher education management board which
procedure has been approved by the Board of Regents and the Board of Ethics. Such an
approval procedure shall require a finding and certification by the appropriate management
board to the Board of Regents that entering into such contract will contribute to the economic
development of the state and that entering into such contract will not interfere or conflict
with the employee's obligation to the university. Semiannually, the Board of Regents shall
report all such certifications to the House Commerce Committee and the Senate Commerce,
Consumer Protection, and International Affairs Committee or any subcommittee designated
by either standing committee.
(b) A contract between an institution of higher education and a member of its faculty,
research staff, or athletic coaching staff or a legal entity in which such employee has a
substantial economic interest, regarding the disposition of any patent, copyright, licensing
right, or royalty which is attached to a discovery, technique, or technology resulting from the
research done by such employee in the course of his employment with the institution, or
regarding an activity related to or resulting from the athletic coaching or research activity of
such employee conducted in the course of his employment with the institution.
(c) The negotiation or entering into a contract for employment training services
between a public higher education management board and any person who maintains an
employment relationship with a member of such public higher education management board
provided that the higher education management board member has not participated in any
decision to enroll in the designated employment training services; has not participated in the
selection of the designated employment training provider or site; and who does not
participate, as a board member, in any transaction related to the consummation of an
agreement between the person and the public higher education management board; and the
employment training services are consistent with and pursuant to the mission of the public
higher education management board to advance knowledge or further the economic
development of the state.
(11)(a) The employment with the office of public health of the Louisiana Department
of Health of retired public health physicians by professional services contracts for part-time
clinician services in parish health units. However, a yearly contract shall not exceed twenty
percent of the retired employee's former salary. A retired physician shall be employed under
this Subparagraph only if there are no public health physicians available to perform the
services.
(b) The employment with the Louisiana Department of Health of retired registered
nurses by contract to perform health care services. However, such a contract shall be deemed
to be null and void in the event that a registered nurse becomes available to perform the
services. A retired registered nurse shall be employed under this Subparagraph only if the
nurse was retired on April 1, 1990, and there are no registered nurses available to perform
the services.
(12) Any tenant of a housing authority, as defined in R.S. 40:384, from serving on
the board of commissioners of that housing authority.
(13)(a)(i) The acceptance by a public servant of complimentary admission to a civic,
non-profit, educational, or political event when the public servant is:
(aa) A program honoree.
(bb) Giving a speech at the event.
(cc) A panel member for a discussion occurring at the event.
(dd) Attending the event to assist an elected official who meets the provisions of this
Item when the public servant is under the supervision of the elected official and such
assistance is within the ordinary employment duties of the public servant.
(ii) The acceptance by a public servant of complimentary admission to a fundraising
event for a candidate or political party.
(iii) The acceptance by a public servant of complimentary admission to a fundraising
event held by or for the benefit of an educational institution or by or for the benefit of a
nonprofit organization which conducts educational programs.
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to admission
to any professional, semi-professional, or collegiate sporting event.
(14) Persons employed by public school systems to provide special education and
related services pursuant to R.S. 17:1941 et seq. to a student with an exceptionality as
defined in R.S. 17:1942 from performing, on a private fee basis and outside of school hours,
those same special education and related services for their own students or any other persons
eligible to receive such services from their school system during school hours, provided that
the child's parents or guardian are advised, in writing, of the procedures through which their
child may be evaluated for eligibility to receive such services for free through the school
system. With respect to any child already receiving such services for free through the school
system, the notice shall explain the procedures through which the child's eligibility to receive
additional services for free from the school system may be reviewed.
(15) The use by a duly commissioned law enforcement officer of a publicly owned
law enforcement vehicle in connection with the private employment of such law enforcement
officer in providing traffic control or security services for a private employer when such use
is approved by and in accordance with the policy of the law enforcement officer's public
employer, which policy shall be published in the official journal of the parish prior to
becoming effective and shall provide for appropriate charges for the use of public vehicles
for private employment.
(16) When making a public speech, the acceptance by a member of the legislature of
food, refreshments, and lodging reasonably related to making such speech, as well as
reasonable transportation provided the public speech is given in any state, territory, or
commonwealth of the United States, any country in North America, the territorial waters of
Louisiana, or any offshore structure located on the outer continental shelf seaward of such
territorial waters and offshore of Louisiana, and provided such member of the legislature, if
making the speech outside this state, including the territorial waters thereof, and any offshore
structure located on the outer continental shelf seaward of such territorial waters and offshore
of Louisiana, files a statement with the Board of Ethics, within sixty days of making such
public speech, disclosing the name of the sponsoring group or organization and the amount
expended on his behalf by the sponsoring group or organization on food and refreshments,
lodging, and transportation. The statement shall include a certification by the member of the
legislature filing it that the information contained in the statement is true and correct to the
best of his knowledge, information, and belief.
(17)(a) Notwithstanding the provisions of R.S. 42:1111(C)(2)(d) or 1113(A), in
municipalities with a population no greater than five thousand, in accordance with the most
recent decennial census, a member of any municipal governing authority or any mayor from
being a compensated director, officer, or employee of any national or state bank or state or
federally chartered savings and loan association or savings bank into which funds of the
municipality are deposited.
(b) The provisions of Subparagraph (a) of this Paragraph shall be effective only
when the following conditions are met:
(i) Publication of notice has been made on two separate occasions in the official
journal of the municipality, the first of which is at least fifteen days prior to public hearing
on the matter. Such notice shall include the name of the financial institution(s) in which
municipal funds are to be deposited and the amount of such deposit(s).
(ii) In municipalities where more than one financial institution is located, average
annual deposits of municipal funds in one such financial institution shall not exceed the
average annual deposits in any other such financial institution by more than ten percent,
except in cases where funds are deposited pursuant to competitive bid.
(iii) The municipal funds are deposited with the approval of the municipal governing
authority and the mayor.
(c) The provisions of Subparagraph (a) of this Paragraph shall not affect the
application of R.S. 42:1112.
(18)(a) A licensed physician who is a member of a board of commissioners for any
hospital service district authorized by Chapter 10 of Title 46 of the Louisiana Revised
Statutes of 1950 located within a parish which has a population of one hundred twenty-five
thousand or less from contracting with the hospital over which the board exercises
jurisdiction, from subcontracting with another provider who contracts with such hospital, or
from owning an interest in an entity that contracts with such hospital. However, such
licensed physician shall recuse himself from participating in any transaction before the board
relating to any contracts entered into by him, or by a provider with which he subcontracts,
or by any entity in which he owns an interest, and permitted by this Paragraph.
(b) A licensed physician who is a member of a board of commissioners for any
hospital service district authorized by Chapter 10 of Title 46 of the Louisiana Revised
Statutes of 1950 located within a parish which has a population of twenty-nine thousand or
less from being employed with the hospital over which the board exercises jurisdiction or
from owning an interest in an entity that contracts with such hospital. However, such
licensed physician shall recuse himself from participating in any transaction before the board
relating to his employment with the hospital or to any contracts entered into by him, or by
a provider with which he subcontracts, or by any entity in which he owns an interest, and
permitted by this Paragraph.
(c) Any physician serving as a member of a hospital service district board or
commission, if such hospital service district board or commission is required by law or by
local ordinance, rule, or regulation adopted by a municipal or parish governing authority to
have one or more physician members on its board or commission, from leasing space for the
provision of health care services from a hospital under the jurisdiction of the board or
commission for fair market value. However, such licensed physician shall recuse himself
from participating in any transaction involving a lease agreement to which he is permitted
by this Subparagraph to be a party.
(d) Any licensed physician who is the child of a member of a board of
commissioners of any hospital service district authorized by Chapter 10 of Title 46 of the
Louisiana Revised Statutes of 1950, located within a parish that has a population of fifty
thousand or less or for a hospital that is defined as a rural hospital pursuant to the Rural
Hospital Preservation Act (R.S. 40:1189.1 et seq.) from contracting for professional health
care services with the hospital over which the board exercises jurisdiction, from
subcontracting with another professional health care provider who contracts for professional
health care services with the hospital, or from owning an interest in any entity that contracts
for professional health care services with the hospital.
(19) Any member of the Louisiana Wildlife and Fisheries Commission from holding
or obtaining a renewal of oyster leases with the state, personally or through legal entities in
which he has ownership interests, even though such leases are subject to the supervision and
jurisdiction of the commission, provided that the member shall recuse himself or be
disqualified by the commission from participating in any transaction involving the said oyster
leases.
(20) An airport authority member or employee in an airport in any parish having a
population of less than two hundred twenty-five thousand persons, according to the most
recent census, or an airport authority member or employee in an airport in any parish having
a population of two hundred twenty-five thousand persons or more according to the most
recent census if the airport over which such an airport authority has jurisdiction does not
have scheduled air service, from using any of the services available at the airport over which
he exercises jurisdiction or by which he is employed; provided the services are available to
the member or employee subject to the same terms, conditions, and availability as to any
other member of the public, whether such services are obtained directly from the airport or
from a fixed-based operator. The provisions of this Paragraph shall not apply to the
Louisiana Airport Authority.
(21) A building inspector employed by a municipality with a population of twenty-five thousand persons or less as of the most recent federal decennial census, a member of
such building inspector's immediate family, or a legal entity in which such building inspector
has a controlling interest from performing construction services that are under the
supervision or jurisdiction of the agency or governmental entity of the building inspector,
provided such services are not performed during the building inspector's assigned working
hours, do not interfere with the performance of his assigned duties, and do not include
construction services performed for the agency or governmental entity of the building
inspector. Under no circumstances shall the building inspector inspect his own work, the
work of his immediate family, or the work of a legal entity in which the building inspector
has a controlling interest. A "building inspector" shall mean any person employed by a
municipality who tests, examines, or issues a permit for compliance with a building code as
defined in R.S. 33:4771.
(22)(a) Any mayor or member of a governing authority of a municipality with a
population of five thousand or less, or an immediate family member of such a mayor or
governing authority member, or legal entity in which such a mayor, governing authority
member, or immediate family member has a controlling interest, from entering into any
transaction that is under the supervision or jurisdiction of the municipality.
(b) A transaction allowed by Subparagraph (a) of this Paragraph may only be entered
into if the municipality submits a plan to the Louisiana Board of Ethics for approval and the
board approves the plan. The municipality's plan shall be developed in accordance with the
following:
(i) The elected official involved shall immediately recuse himself from acting in his
governmental capacity in matters affecting the transaction and file quarterly affidavits
concerning the recusal with the clerk of the municipality and the board. The affidavits shall
set out the name and address of the elected official, the name and population of the
municipality, and a description of the transactions involving the elected official, his
immediate family member, or his or his immediate family member's legal entity that occurred
during the preceding quarter. The plan of the municipality shall set out the due dates of the
quarterly affidavits.
(ii) The plan developed by the municipality shall address how the transactions shall
be supervised after the elected official is recused.
(iii) Individual transactions of two hundred fifty dollars or less shall not be subject
to the provisions contained in Items (iv) and (v) of this Subparagraph until such transactions
involving a single elected official or a legal entity in which he owns a controlling interest or
an immediate family member or a legal entity in which he owns a controlling interest exceed
two thousand five hundred dollars in the aggregate within the calendar year; thereafter the
provisions contained in Items (iv) and (v) of this Subparagraph shall apply.
(iv) For transactions in excess of two hundred fifty dollars, but less than two
thousand five hundred dollars, telephone quotations with written confirmation or facsimile
quotations shall be solicited from at least three vendors within the municipality, the parish,
or within a fifty-mile radius of the municipality. However, in the case of an emergency, no
quotations shall be required so long as the elected official recuses himself from the
transaction and files an affidavit as required in Item (i) of this Subparagraph within three
business days of the occurrence of the transaction. "Emergency" shall be defined in the plan
adopted by the municipality and subject to board approval.
(v) In the case of a transaction in excess of two hundred fifty dollars but less than
two thousand five hundred dollars, if the quotation submitted by the elected official, his
immediate family member, or legal entity in which the elected official or his immediate
family member has a controlling interest is the lowest bid received by the municipality the
transaction is allowed. The plan adopted by the municipality and subject to board approval
may specify situations in which a quotation submitted by the elected official, his immediate
family member, or his or his immediate family member's legal entity may be accepted even
if it was not the lowest bid received by the municipality.
(vi) An elected official, his immediate family member, or legal entity in which the
elected official or his immediate family member has a controlling interest may enter into
transactions with the municipality in excess of two thousand five hundred dollars only after
written invitations are sent to at least three bona fide qualified bidders, other than the elected
official, his immediate family member, or his or his immediate family member's legal entity,
and upon specific advance approval by the board. Any such request for approval shall
include the details of the proposed transaction, a copy of the written invitation, copies of the
bids received in response to the invitation, and the method of recusal developed by the
municipality. The plan developed by the municipality shall set out the details of the bid
process.
(23) Any member of the state or regional advisory committees for the office for
citizens with developmental disabilities from being employed by a private, nonprofit,
corporation, agency, organization, or association that receives state funds under contractual
agreement with the office for citizens with developmental disabilities. However, such
member shall recuse himself from participating in any action of the committee specifically
relating to such contracts with the office for citizens with developmental disabilities for the
receipt of state funds.
(24)(a) Any member of the State Licensing Board for Contractors from serving on
such board even if he, a member of his immediate family, or a business in which he has a
substantial economic interest has participated in a transaction that comes before such board
for administrative action. However, such member shall recuse himself from participating in
any administrative hearing specifically relating to such transaction. Investigations of such
transactions by the staff of the State Licensing Board for Contractors without the direct
involvement of such board shall not constitute a violation of this Chapter.
(b) Any member of the State Licensing Board for Contractors, or any legal entity in
which he has an interest, from entering into a contract for commercial or residential
contractor services or related consulting services for compensation with a person licensed
by the board; provided that no member of the board shall use the authority of his office or
position, directly or indirectly, in a manner intended to compel or coerce any person to enter
into such a contract or to provide such board member or any other person with any thing of
economic value. However, such member shall be specifically prohibited from providing
consulting services for transactions that come before the board for administrative action. In
addition, such member shall recuse himself from participating in any administrative hearing
involving any licensee with whom he has an existing contractual relationship.
(25) Any client who is not also a vendor of a charitable organization from serving
on its board of directors or advisory board, provided that such clients do not constitute twenty
percent or more of the board of directors or advisory board. For the purposes of this
Paragraph, "charitable organization" shall mean a nonprofit board or association of a
community-based HIV/AIDS service corporation or organization domiciled in this state and
qualified with the United States Internal Revenue Service for an exemption from federal
income tax under Section 501(c)(3), (4), (5), (6), (7), (8), (10), or (19) of the Internal
Revenue Code.
(26)(a) The acceptance by a public servant of anything of economic value as a gift
or gratuity from any person when the value of such gift or gratuity does not exceed two
hundred dollars per event, for flowers or a donation to an organization qualified for an
exemption from federal income tax under Section 501 of the Internal Revenue Code in
sympathy of the death of a member of the immediate family of a public servant.
(b)(i) The acceptance by a public servant of seasonal or holiday foods or
nonalcoholic beverages that commemorate a religious or state holiday from any person if the
value of such foods and beverages does not exceed the value provided for in R.S.
42:1115.1(C) per holiday.
(ii) If the food or drink is given to more than one public servant, the value of the food
or drink provided to a public servant shall be determined by dividing the total cost of the
food or drink provided by the total number of public servants to whom the food or drink is
given.
(c) The acceptance by a public servant employed by a prekindergarten, kindergarten,
elementary, or secondary school of anything of economic value as a gift from or on behalf
of a student or former student when the value of the gift does not exceed twenty-five dollars
and the aggregate value of all gifts from or on behalf of any one person pursuant to this
Subparagraph does not exceed seventy-five dollars in a calendar year.
(27) Any board member of the Sabine River Authority who owns a lot contiguous
to the "lease back" or "shore line" area of Toledo Bend Reservoir from exercising his option
to lease the shore line area contiguous to his lot and obtain a permit for "domestic use", as
defined in R.S. 38:2329, of the authority's water. As used in this Paragraph, the "lease back"
area, which is also known as the "shore line", is that area owned by the Sabine River
Authority, state of Louisiana, that is the property lying between the contour of 172 feet above
mean sea level (the normal pool stage) and the contour of 175 feet above mean sea level, or
a distance of 50 feet running horizontally from the 172 contour, whichever is greater, and
which area is subject to an option to lease by the landowner of the contiguous lot as is
provided in the Policy, Rules and Regulations of the Sabine River Authority as adopted by
the board of commissioners on August 24, 1967.
(28) The lease of school buses by city, parish, and other local public school boards
as provided in R.S. 17:158.7.
(29) A mayor of a municipality with a population not in excess of five thousand
persons who is a licensed physician from contracting for the provision of health care services
with the health insurer for the employees of his municipality.
(30) A public servant, a legal entity in which he has a controlling interest, or a
member of his immediate family, from donating services, movable property, or funds to his
agency. Nothing herein shall be construed to allow a public servant to make an appointment
of a person which is otherwise prohibited by this Chapter.
(31)(a) Any former city, parish, or other local public school board member who
holds a valid Louisiana teaching certificate from being employed by his former school board
for any classroom teacher position with such board which requires a valid Louisiana teaching
certificate.
(b) Any former city, parish, or other local school board member who holds a valid
ancillary certificate in school psychology issued by the state Department of Education from
being employed by his former school board for any certified school psychologist position
with such board which requires such certificate.
(c) These exceptions shall apply only in parishes with a population not in excess of
thirty-six thousand people, as determined by the latest federal decennial census.
(32)(a) Any advertising agency that has a contract for advertising services with the
Department of Culture, Recreation and Tourism, the Department of Wildlife and Fisheries,
Louisiana Economic Development, the Department of Transportation and Development, or
the Department of Agriculture and Forestry from entering into contracts with any other
person who engages in any transaction with the Department of Culture, Recreation and
Tourism, the Department of Wildlife and Fisheries, Louisiana Economic Development, the
Department of Transportation and Development, or the Department of Agriculture and
Forestry.
(b) As used in this Paragraph, "advertising services" means the development,
production, and dissemination of advertisements, public relations communications, or other
forms of publicity.
(c) As used in this Paragraph, the term "advertising agency" means a corporation,
limited liability company, or other juridical person that, as its primary business, acts on
behalf of clients in connection with some or all of the following activities:
(i) Development and production of advertisements.
(ii) Placement of advertisements in the media.
(iii) Planning and conducting advertising and public relations campaigns.
(iv) Website design and other internet marketing functions.
(v) Branding and brand management.
(vi) Market research.
(33) The Metropolitan Council for the city of Baton Rouge and the parish of East
Baton Rouge from appointing any one of its members to any board, commission, or other
entity created by home rule charter, plan of government, state law, or local ordinance or
resolution including but not limited to the Capital Transportation Corporation, Visit Baton
Rouge, and the city-parish planning commission.
(34) A member of a municipal or parish governing authority, an appointed member
of a planning or zoning or appeals board or commission of a parish or municipality, or a
member of such public servant's immediate family or a legal entity in which any such person
has an interest from making application for the approval of the subdivision or resubdivision
of property and for the zoning of such property or for a building permit and any inspections
performed pursuant thereto, provided that all of the following:
(a) The zoning of such subdivided property shall not be less restrictive than the
zoning of the original parcel.
(b) The subdivision, resubdivision, or zoning of such property shall be for residential
purposes only.
(c) The application or applications submitted by or on behalf of the public servant,
a member of his immediate family, or legal entity, collectively, shall be limited to the
subdivision, resubdivision, or zoning of not more than twelve lots per calendar year and the
construction of not more than twelve residential units per calendar year.
(d) No public funds shall be used to construct any infrastructure for the use or benefit
of such property or development.
(e) The public servant shall file written notice containing all details regarding the
transaction deemed necessary by the Board of Ethics with his governing authority or board
or commission and with the Board of Ethics no later than ten days prior to any hearing
pertaining to any such application, or if no hearing is held pertaining to such application,
shall file such notice at least ten days prior to final action on any such application.
(f) The public servant shall recuse himself from any vote related to such application
and shall not participate in any other aspect of the application or transaction.
(35) Any volunteer fireman or uncompensated law enforcement officer or legal entity
in which he has an interest from bidding on or entering into a contract, subcontract, or other
transaction under the supervision and jurisdiction of his agency; provided that the volunteer
fireman or uncompensated law enforcement officer shall receive no compensation or thing
of economic value for his service as a volunteer fireman or uncompensated law enforcement
officer, that the volunteer fireman or uncompensated law enforcement officer shall not be an
agency head, and that the volunteer fireman or uncompensated law enforcement officer shall
not participate on behalf of his agency in any capacity regarding such contract, subcontract,
or other transaction.
(36) A public servant, an immediate family member of a public servant, or a legal
entity in which the public servant or a member of his immediate family has a substantial
economic interest from providing to an agency of the governmental entity of the public
servant a thing of economic value to obtain advertisements or other recognition featuring the
public servant, immediate family member, or the legal entity if:
(a) The public servant recuses or disqualifies himself on all matters involving the
transaction, if applicable.
(b) The terms and conditions of the transaction are the same as or substantially
similar to those available to similarly situated persons who are not public servants or related
persons.
(c) The transaction is conducted without preference and in the same manner and
subject to the same requirements and conditions applicable to the general public.
(d) The value of the transaction does not exceed ten thousand dollars. However, no
person shall enter into separate transactions valued at ten thousand dollars or less as a
subterfuge to avoid the limitation in this Subparagraph.
(37)(a) An insurance producer as defined in R.S. 22:1542, from serving as the
insurance producer of record as provided in R.S. 22:1564(B) for a governmental entity; from
providing any normal insurance services for a governmental entity; and from providing risk
management services for a governmental entity, including but not limited to providing advice
or recommendations regarding insurance coverages, markets, costs, terms, selection of
coverages and all related matters or any combination thereof; provided that:
(i) An insurance producer, as defined in R.S. 22:1542, who provides or solicits to
provide any of the services in this Subparagraph shall not serve in any other official
decisionmaking capacity over insurance issues for the governmental entity, including but not
limited to elected or appointed positions, advisory committees, as an employee, or as risk
manager.
(ii) Any insurance producer who has served in any official decisionmaking capacity
over insurance issues for a governmental entity, including but not limited to elected or
appointed positions, advisory committees, as an employee, or as risk manager, and who
wishes to solicit to provide any of the services in this Subparagraph for that same
governmental entity shall comply with the provisions of R.S. 42:1121.
(b)(i) An insurance producer from being compensated by means of normal
commissions or pursuant to a written contract providing for payment of a stipulated fee, or
both for any of the services in Subparagraph (a) of this Paragraph; provided that the
insurance producer shall fully disclose to the governmental entity in writing all fees,
commissions, or other compensation payable to the producer from the insurer or any source
other than the governmental entity that relate to the services provided.
(ii) An insurance producer who provides any of the services in Subparagraph (a) of
this Paragraph for a governmental entity from receiving fees, commissions, or other
compensation payable to the insurance producer from insurance companies for services
rendered to those insurance companies for products or services sold to other governmental
entities or persons that do not directly relate to the services provided by the insurance
producer to the governmental entity; provided the insurance producer discloses to the
governmental entity the name of any insurer or source from which he receives fees,
commissions, or other compensation if such insurer or other source is providing or is seeking
to provide services or insurance coverage to the governmental entity at the time the insurance
producer is providing services to the governmental entity.
(c) Nothing in this Paragraph shall prohibit a governmental entity from contracting
with an insurance producer separate from the producer of record to provide risk management
services and to assist the governmental entity in making insurance decisions.
(d) The provisions of this Paragraph shall not apply to individually underwritten
guaranteed renewable limited benefit health insurance policies.
(e) Nothing in this Section shall prevent a governmental entity from contracting with
an insurance or risk management consultant who is not an insurance producer.
(38) A public servant from accepting services donated by an attorney licensed to
practice law in Louisiana pursuant to a program adopted by the Louisiana Bar Association
to provide such services. Any such adopted program shall be certified by the Bar
Association to the board and only donations made after the acceptance of such certification
by the board shall be allowed.
(39) An immediate family member of a legislator from being a registered lobbyist
or from lobbying as provided in R.S. 24:50 et seq., provided each of the following:
(a) The immediate family member was a registered lobbyist as provided in R.S.
49:71 et seq., for at least one year prior to January 9, 2012, or was a registered lobbyist as
provided in R.S. 24:50 et seq., for at least one year prior to January 1, 2009, or for at least
one year prior to becoming an immediate family member of the legislator, or for at least one
year prior to the legislator's initial election to the legislature.
(b) The immediate family member shall not lobby the legislator as provided in R.S.
24:51, or communicate with any public employee assigned to the district office of the
legislator, with any public employee whose primary duty is to assist the individual legislator,
or if the legislator is a committee chairman, with any public employee assigned to the
committee of which the legislator is chairman concerning any matter which may be the
subject of action by the legislature.
(40) A person from obtaining a permit, and entering into any transaction incidental
thereto, under the provisions of the state uniform construction code (R.S. 40:1730.21 et seq.).
(41) A teacher, coach, or other educational professional from providing academic
tutoring or athletic training services for compensation to students who attend the school at
which the teacher, coach, or other educational professional is assigned or the waiver of any
usage fees associated with use of school facilities for these purposes.
(42) A member of the Greater Baton Rouge Port Commission, an immediate family
member of such a port commission member, or a legal entity in which such a port
commission member or a member of his immediate family has a substantial economic
interest from contracting for the sale of grain to the operator of a grain elevator that is owned,
operated, or managed by the port commission provided that:
(a) The port commission member recuses himself on all matters involving such sale
of grain and all matters related to the management and operation of the grain elevator.
(b) The terms and conditions of the sale are the same or substantially similar as a sale
of grain by similarly situated persons who are not port commission members or related
persons.
(43) Repealed by Acts 2018, No. 545, §1, effective May 28, 2018.
(44) A governing authority member or public employee of a political subdivision that
operates parks or recreational facilities or an immediate family member of such a person
from renting a park or recreation facility under the supervision or jurisdiction of the political
subdivision for an event provided that the transaction is conducted without preference and
in the same manner and subject to the same fees and conditions applicable to the general
public.
(45) The continuation and renewal of a contract for the operation of a food-related
retail establishment between a legal entity in which an elected official's immediate family
member owns an interest and a hospital or hospital service district in a parish with a
population of one hundred fifty thousand persons or less in accordance with the most recent
federal decennial census if the original contract was entered into at least one year prior to the
elected official's election as an agency head of the governmental entity of the hospital service
district and if the original contract was not prohibited.
(46) A licensed pharmacist who is a member of a board of commissioners for any
hospital service district authorized by Chapter 10 of Title 46 of the Louisiana Revised
Statutes of 1950 located within a parish which has a population of one hundred twenty-five
thousand or less from contracting with the hospital over which the board exercises
jurisdiction, from subcontracting with another provider who contracts with such hospital or
pharmacy, or from owning an interest in an entity that contracts with such hospital. However,
such licensed pharmacist shall recuse himself from participating in any transaction before the
board relating to any contracts entered into by him, or by a provider with which he
subcontracts, or by any entity in which he owns an interest.
(47) A member of the board of commissioners of a groundwater district who is
nominated by a privately owned entity that furnishes water for rural or municipal use within
the district and who is appointed or commissioned by the governor and confirmed by the
Senate, all pursuant to law, and who, at the time of nomination, is employed by, rendering
compensated services to, or participating in a transaction with the member's respective
nominating entity from being employed by, rendering compensated services to, or
participating in transactions with the member's respective nominating entity.
(48) A member of the Louisiana Racing Commission or the Executive Director of
the Louisiana Racing Commission from being an owner of a racehorse which participates in
any race meeting licensed by the Louisiana Racing Commission or from being an owner of
a horse that sired or bred a racehorse that participates in a race meeting licensed by the
Louisiana Racing Commission, or from participating in a breeder or stallion award.
(49) A peace officer, as defined in R.S. 40:2402, or fireman, as defined in R.S.
40:1665, or his immediate family member may receive any thing of economic value from an
organization qualified for an exemption from federal income tax under Section 501 of the
Internal Revenue Code or a fund administered by such an organization as a member of a
charitable class for the purpose of offsetting economic losses suffered by the peace officer
or fireman or his immediate family member.
(50) A member or former member of the State Mineral and Energy Board from
posting a bond or other security required by law or by the Department of Conservation and
Energy.
Related
Legislative History
Nearby Sections
15
Cite This Page — Counsel Stack
Louisiana § 42:1123, Counsel Stack Legal Research, https://law.counselstack.com/statute/la/42%3A1123.