SLS 12RS-53 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 81
BY SENATOR MILLS
ETHICS. Provides relative to the definition of a "transaction" that a public servant can
engage in with his governmental entity. (8/1/12)
AN ACT1
To amend and reenact R.S. 42:1102(23), relative to the Code of Governmental Ethics; to2
provide an exception to the definition of a "transaction involving the governmental3
entity" for certain transactions involving real property under certain circumstances;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 42:1102(23) is hereby amended and reenacted to read as follows: 7
ยง1102. Definitions8
* * *9
(23)(a) "Transaction involving the governmental entity" means any10
proceeding, application, submission, request for a ruling or other determination,11
contract, claim, case, or other such particular matter which that the public servant12
or former public servant of the governmental entity in question knows or should13
know:14
(a) (i) Is, or will be, the subject of action by the governmental entity.15
(b) (ii) Is one to which the governmental entity is or will be a party.16
(c) (iii) Is one in which the governmental entity has a direct interest. A17 SB NO. 81
SLS 12RS-53 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
transaction involving the agency of a governmental entity shall have the same1
meaning with respect to the agency.2
(b) "Transaction" and "transaction involving the governmental entity"3
for the purposes of R.S. 42:1112 and 1113 shall not mean a request or an4
application for a building permit, zoning variance, or to subdivide real5
property.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that no public servant is allowed to participate in a transaction in which
he has a personal substantial economic interest of which he may be reasonably expected to
know involving the public servant's governmental entity.
Present law provides that no public servant, excluding any legislator and any appointed
member of any board or commission and any member of a governing authority of a parish
with a population of 10,000 or less, or member of such a public servant's immediate family,
or legal entity in which he has a controlling interest, is allowed to bid on or enter into any
contract, subcontract, or other transaction that is under the supervision or jurisdiction of the
public servant's agency.
Present law provides that, other than a legislator, no appointed member of any board or
commission, member of his immediate family, or legal entity in which he has a substantial
economic interest, is allowed to bid on or enter into or be in any way interested in any
contract, subcontract, or other transaction that is under the supervision or jurisdiction of the
appointed member's agency.
Present law provides that no legislator, member of his immediate family, or legal entity in
which he has a controlling interest, is allowed to bid on or enter into or be in any way
interested in any contract, subcontract, or other transaction involving the legislator's agency.
Present law defines "transaction involving the governmental entity" as any proceeding,
application, submission, request for a ruling or other determination, contract, claim, case,
or other such particular matter that the public servant or former public servant of the
governmental entity in question knows or should know:
1. Is, or will be, the subject of action by the governmental entity.
2. Is one to which the governmental entity is or will be a party.
3. Is one in which the governmental entity has a direct interest.
Proposed law provides that, for the purposes of present law relative to a public servant's
ability to participate or enter into transactions with his governmental entity, the terms
"transaction" and "transaction involving the governmental entity" do not include a request
or an application for a building permit, zoning variance, or to subdivide real property.
Proposed law otherwise retains present law.
(Amends R.S. 42:1102(23))