Louisiana Senate Bill 1 (2008)
From Sunshine Review
The purpose of Senate Bill 1 is to set standards for possible conflicts of interests between government officials and employees between business and government contracts.
Contents |
[edit] Covered Individuals
The following people, their spouses, and any legal entities, may not enter into any contracts with state government during service and for one year afterwards unless otherwise noted.
- A legislator and any person who has been certified by the secretary of state as elected to the legislature.
- The governor and each person holding statewide elected office.
- The secretary of the Department of Economic Development.
- The secretary of the Department of Culture, Recreation and Tourism.
- The secretary of the Department of Environmental Quality.
- The secretary of the Department of Health and Hospitals.
- The secretary of the Department of Labor.
- The secretary of the Department of Natural Resources.
- The secretary of the Department of Public Safety and Corrections and any warden or assistant warden of a state penal institution.
- The secretary of the Department of Revenue.
- The secretary of the Department of Social Services.
- The secretary of the Department of Transportation and Development.
- The secretary of the Department of Wildlife and Fisheries.
- The secretary of the Department of Veterans Affairs.
- The executive secretary of the Public Service Commission.
- The director of state civil service.
- Each member of the State Board of Elementary and Secondary Education.
- The superintendent of education, the commissioner of higher education, and the president of each public postsecondary education system.
- Each member of the Board of Ethics and the ethics administrator.
- The chief of staff to the governor.
- The commissioner of the division of administration.
- The executive counsel to the governor.
- The legislative director for the governor.
- The deputy chief of staff to the governor.
- The director of policy for the governor.
[edit] Exceptions
- A contract entered into with the Attorney General to provide professional services.
- A contract with the Department of Health and Hospitals under the State Medical Assistance program.
- A contract for Foster care or child care provider entered into with the Department of Social Services.
- Any contract entered into before initial election or appointment, but the contract shall not be renewed.
- Any contract entered into before July 1, 1995, but the contract shall not be renewed.
- Contracts in a professional education capacity for elementary or secondary school education.
- Contracts of sale of any immovable property by State Government
- Contracts of employment for a physician or other health care provider with a hospital or the Department of Health and Hospitals.
- Any contract awarded through a competitive bidding process
- A sale by a retail establishment of $2,500 or less, however if the sale is split up to avoid the ceiling, the action will be in violation of the law.
- Contracts in which the compensation is only reimbursement of costs.
- Construction related contracts within two years of a declared disaster or emergency.
[edit] Disclosures
Each person covered in this law must file a report with the Board of Ethics By July 1st of each year, detailing any contracts that exist between the person, his or her spouse, immediate family members and their legal entities with state government.
This disclosure must contain the full name and address of the person or entity of which the contract is entered into with, as well as the name and address of the government official for whom the disclosure is applicable to.
The nature of the contract including the amount of money concerned and in exchange for what goods and services.
The amount of income or economic value that the official or his or her immediate family members received from the contract in the past year.
[edit] Initial Disclosure
An initial disclosure must be filed with the Board of Ethics within 30 days of a contract's origination. This disclosure must include the nature of the contract as well as the estimated amount of economic benefit to the official and or his immediate family from the contract.
[edit] Penalties
For failure to properly disclose contract information in the time frames allotted, civil penalties will be invoked.
For attempting to avoid the laws by entering into multiple contracts, each under $2500, but with a total of over $2,500
The penalty for these offenses is a $100 fine per day.
[edit] House Votes
- Yeas: 105
- Nays: 0
- Absent: 0
[edit] Senate Votes
- Yeas: 36
- Nays: 1
- Absent: 2
