Gift Made with Intent to Influence

§ 1115. Gifts

  1. No public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person: . . .
    1. (2) Is seeking, for compensation, to influence the passage or defeat of legislation by the public servant’s agency.

La. Stat. Ann. § 42:1115(A).

§ 1115.1. Limitation on Food, Drink, and Refreshment

  1. No person from whom a public servant is prohibited by R.S. 42:1111 or 1115(A) from receiving a thing of economic value shall give to such a public servant any food, drink, or refreshment the total value of which exceeds fifty dollars for a single event at which food, drink, or refreshment is given. The total value of the food, drink, or refreshment given to a public servant at any single event shall not exceed fifty dollars regardless of the number of persons subject to the provisions of this Subsection giving food, drink, or refreshment to the public servant at the single event.

. . .

  1. The provisions of this Section shall not apply to any of the following:
    1. A gathering held in conjunction with a meeting related to a national or regional organization or a meeting of a statewide organization of governmental officials or employees provided that at least ten persons associated with the organization are invited to the gathering.
    2. The participation of a public servant of a post-secondary education institution at an event held for the purpose of soliciting donations or contributions of private funds for the benefit of that public servant’s agency.
  2. For purposes of this Section, the following terms and phrases shall have the following meanings:
    1. “Event” means a single activity, occasion, reception, meal, or meeting at a given place and time.
    2. “Gathering held in conjunction with a meeting related to a national or regional organization or a meeting of a statewide organization of governmental officials or employees” means but shall not be limited to any of the following:
      1. (a) An event held during the same time period and in the same general locale as a meeting of such an organization and to which some persons associated with the organization are invited.
      2. (b) An event that is part of the scheduled activities at a meeting of such an organization and that is open to persons attending the meeting.

La. Stat. Ann. § 42:1115.1(A), (E), (F).

Extra Compensation for Official Duties

No public servant shall receive anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.

La. Stat. Ann. § 42:1111(A)(1)(a).

Gift Regardless of Giver Status

No current state statute or regulation falls under the category of “Gift Regardless of Giver’s Status.”

Gift from Lobbyist or Regulated Entity

§ 1115. Gifts

  1. No public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person:
    1. Has or is seeking to obtain contractual or other business or financial relationships with the public servant’s agency, or
    2. Is seeking, for compensation, to influence the passage or defeat of legislation by the public servant’s agency.
  2. No public employee shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public employee knows or reasonably should know that such person:
    1. Conducts operations or activities which are regulated by the public employee’s agency.
    2. Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee’s official duty.

La. Stat. Ann. § 42:1115.

§ 1115.1. Limitation on Food, Drink, and Refreshment

  1. No person from whom a public servant is prohibited by R.S. 42:1111 or 1115(A) from receiving a thing of economic value shall give to such a public servant any food, drink, or refreshment the total value of which exceeds fifty dollars for a single event at which food, drink, or refreshment is given. The total value of the food, drink, or refreshment given to a public servant at any single event shall not exceed fifty dollars regardless of the number of persons subject to the provisions of this Subsection giving food, drink, or refreshment to the public servant at the single event.
  2. No person from whom a public employee is prohibited by R.S. 42:1111 or 1115(B) from receiving a thing of economic value shall give to such a public employee any food, drink, or refreshment the total value of which exceeds fifty dollars for a single event at which food, drink, or refreshment is given. The total value of the food, drink, or refreshment given to a public employee at any single event shall not exceed fifty dollars regardless of the number of persons subject to the provisions of this Subsection giving food, drink, or refreshment to the public employee at the single event.
  3. Beginning on July 1, 2009, and on July first of each year thereafter, when there has been an increase in the unadjusted Consumer Price Index (CPI-U) (Food and Beverage) as published by the United States Department of Labor, Bureau of Labor Statistics in January each year, the limit of fifty dollars for food, drink or refreshments provided in Subsections A and B of this Section shall be increased by the same percentage as the percentage by which that price index is increased. The amount of the increase shall be rounded off to the nearest dollar. The food, drink, or refreshment limit shall be adjusted by the Board of Ethics according to the Consumer Price Index (CPI-U) (Food and Beverage) and adopted and promulgated as a rule or regulation by the board in accordance with the provisions of R.S. 42:1134(A).
  4. For purposes of this Section, at an event to which a group or organization of public servants is invited and at which food, drink, or refreshment is given, the value of the food, drink, or refreshment provided to a public servant shall be determined by dividing the total cost of the food, drink, and refreshment provided at the event by the total number of persons invited, whether formally or informally, and which is communicated in any manner or form, to the event.
  5. The provisions of this Section shall not apply to any of the following:
    1. A gathering held in conjunction with a meeting related to a national or regional organization or a meeting of a statewide organization of governmental officials or employees provided that at least ten persons associated with the organization are invited to the gathering.
    2. The participation of a public servant of a post-secondary education institution at an event held for the purpose of soliciting donations or contributions of private funds for the benefit of that public servant’s agency.
  6. For purposes of this Section, the following terms and phrases shall have the following meanings:
    1. “Event” means a single activity, occasion, reception, meal, or meeting at a given place and time.
    2. “Gathering held in conjunction with a meeting related to a national or regional organization or a meeting of a statewide organization of governmental officials or employees” means but shall not be limited to any of the following:
      1. (a) An event held during the same time period and in the same general locale as a meeting of such an organization and to which some persons associated with the organization are invited.
      2. (b) An event that is part of the scheduled activities at a meeting of such an organization and that is open to persons attending the meeting.

La. Stat. Ann. § 42:1115.1.

Definitions and Exceptions

“Thing of Economic Value” Defined

“Thing of economic value” means money or any other thing of economic value, except promotional items of no substantial value; pharmaceutical samples, medical devices, medical foods, and infant formulas provided to an appropriate public employee for administration to a patient at no cost; food, drink, or refreshments, incidental transportation and entertainment, while a personal guest, and, reasonable transportation when organized for educational or informational purposes, including food and drink, and includes but is not limited to: A loan, except a loan made by a licensed lending institution at the normal rate of interest, any property interest, interest in a contract, merchandise, service, and any arrangement involving a right to compensation. An option to obtain a thing of economic value. Any promise or undertaking of a thing of value. Shall not include salary and benefits due to public employment or the office held. Salary and benefits of higher education institutions.

La. Stat. Ann. § 42:1102.

Exceptions

  1. The provisions of R.S. 42:1111 or 1115 shall not preclude the acceptance by a public servant of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, if the agency head of the public servant’s agency certifies each of the following:
    1. The public servant’s acceptance of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, is either of direct benefit to the agency or will enhance the knowledge or skill of the public servant as it relates to the performance of his public service.
    2. The agency head approved the public servant’s acceptance of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, prior to acceptance.
    1.  Any public servant who accepts complimentary admission, lodging, or transportation, or reimbursement for such expenses, shall file with the Board of Ethics, within sixty days after such acceptance, a certification, on a form designed by the board, disclosing all of the following:
      1. (a) The date and location of complimentary admission, lodging, or transportation and a brief description of its purpose.
      2. (b) The name of the person who gave, provided, paid for, or reimbursed in whole or in part the admission, lodging, or transportation.
      3. (c) The amount expended on his behalf or reimbursed by the person for admission, lodging, and transportation.
    2. The certification required by this Subsection shall include the certifications of the agency head required by Subsection A of this Section.

La. Rev. Stat. Ann. § 42:1115.2.

See also La. Stat. Ann. § 42:1123 (more exceptions).

Notes/Resources

Resource(s)

Gifts: A Summary of the Gift Restrictions Contained in Louisiana’s Code of Governmental Ethics (2019)

The Louisiana Code of Governmental Ethics

Learn more about state gift laws