2009 Louisiana Laws TITLE 14 Criminal law :: RS 14:141 Prohibited splitting of profits, fees or commissions; exceptions

§141.  Prohibited splitting of profits, fees or commissions; exceptions

A.  For the purposes of this section, splitting of profits, fees or commissions means the giving, offering to give, receiving or offering to receive, directly or indirectly, anything of apparent present or prospective value by or to a public officer or public employee or to any fund or fiduciary existing for the benefit of or use by such public officer or employee, when such value is derived from any agreement or contract to which the state or any subdivision thereof is a party.  

B.  There shall be no splitting of profits, fees or commissions, past or present, derived from the sale of any commodity, goods, services, insurance, or anything of value to the state or any subdivision thereof from which a public official or employee, representing the state in his official capacity in the contract negotiations, receives or offers to receive a portion of the profits, fees and/or commissions, unless the amount thereof and the conditions therefor are included in detail in the contract of sale or the insurance contract and said contract is filed by the public official or employee hereinabove described with the secretary of state at least ten days prior to execution of said contract.  The ten-day filing period shall be waived in the event of an emergency in which such filing is not reasonable.  Upon filing thereof, the secretary of state shall immediately release to the news media the details of such contract and, upon written request, furnish a copy of such contract to the news media.  

C.  Whoever commits the crime of failure to report the splitting of profits, fees or commissions, and to contain such fee arrangement in the contract of sale or in the insurance contract as provided by this act shall upon conviction be fined not more than one thousand dollars or shall be imprisoned, with or without hard labor, for not more than two years, or both.  

Added by Acts 1972, No. 760, §1.