ENROLLED
ACT No. 340
2021 Regular Session
HOUSE BILL NO. 491
BY REPRESENTATIVE GADBERRY
1 AN ACT
2 To amend and reenact R.S. 42:1123(34), relative to ethics; to allow certain municipal and
3 parochial elected and appointed officials and related persons and legal entities to
4 enter into certain transactions regarding specified property under certain
5 circumstances; to remove existing limitations on certain elected officials and related
6 persons and legal entities regarding such transactions; to require certain written
7 notice of such transactions; to require recusal of and prohibit participation by the
8 public servant; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 42:1123(34) is hereby amended and reenacted to read as follows:
11 ยง1123. Exceptions
12 This Part shall not preclude:
13 * * *
14 (34) A member of a municipal or parish governing authority, an appointed
15 member of a planning or zoning or appeals board or commission of a parish or
16 municipality, in a parish or municipality with a population of twenty-five thousand
17 persons or less according to the latest federal decennial census or a member of such
18 elected official's public servant's immediate family or a legal entity in which he any
19 such person has a controlling an interest from making application for the approval
20 of the subdivision or resubdivision of property and for the zoning of such property
21 or for a building permit and any inspections performed pursuant thereto, provided
22 that (a) the zoning of such subdivided property shall not be less restrictive than the
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1 zoning of the original parcel; (b) no variance or special exception from any planning
2 or zoning regulation or requirement or any building code or permit shall be requested
3 or granted; (c) the subdivision, resubdivision, or zoning of such property shall be for
4 residential purposes only; (d) (c) the application or applications submitted by or on
5 behalf of the elected official public servant, a member of his immediate family, or
6 legal entity in which he has a controlling interest, collectively, shall be limited to the
7 subdivision, resubdivision, or zoning of not more than twelve lots per calendar year
8 and the construction of not more than twelve residential units per calendar year; (e)
9 (d) no public funds shall be used to construct any infrastructure for the use or benefit
10 of such property or development; (f) (e) the elected official public servant shall file
11 written notice containing all details regarding the transaction deemed necessary by
12 the Board of Ethics with his governing authority or board or commission and with
13 the Board of Ethics no later than ten days prior to any hearing pertaining to any such
14 application, or if no hearing is held pertaining to such application, shall file such
15 notice at least ten days prior to final action on any such application; and (g) (f) any
16 such member of a governing authority public servant shall recuse himself from any
17 vote related to such application and shall not participate in any other aspect of the
18 application or transaction.
19 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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