| Advisory opinion request, submitted on behalf of Washington National Insurance Company, regarding whether certain gifts would be considered promotional items. |
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Washington National Insurance Company is a supplemental health insurance vendor approved through the Division of Administration's Office of Uniform Payroll. Representatives of Washington National Insurance Company offer gifts to individuals, including public servants, who attend a ten-minute presentation. The gifts include ear buds, pocket LED flashlights, reusable totes, stainless steel tumblers, umbrellas, and scented candles, each of which costs less than $5 and bears the company's logo.
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La. R.S. 42:1102(22)(a) provides that "thing of economic value" means money or any other thing having economic value, except promotional items having no substantial resale value; pharmaceutical samples, medical devices, medical foods, and infant formulas in compliance with the Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., provided to a physician, health care professional, or appropriate public employee for the administration or dispensation to a patient at no cost to the patient; food, drink, or refreshments consumed by a public servant, including reasonable transportation and entertainment incidental thereto, while the personal guest of some person, and, with reference to legislators and employees in the legislative branch of state government only, reasonable transportation when organized primarily for educational or informational purposes, including food and drink incidental thereto.
La. R.S. 42:1115A prohibits a public servant from soliciting or accepting, 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 has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency, or is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency.
La. R.S. 42:1115B prohibits a public employee from soliciting or accepting, 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 conducts operations or activities which are regulated by the public employee's agency, or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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