DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 491 Original 2021 Regular Session Gadberry
Abstract: Allows a member of a municipal or parish governing authority, an appointed member of
a planning or zoning or appeals board or commission of a parish or municipality and related
persons and legal entities to make application for the approval of the subdivision or
resubdivision of property and for the zoning of such property or for a building permit and any
inspections performed pursuant thereto under specified circumstances.
Present law (Code of Governmental Ethics (ethics code)) generally prohibits a public servant, a
member of his immediate family, or a legal entity in which he has a controlling interest from bidding
on or entering into any contract, subcontract, or other transaction that is under the supervision or
jurisdiction of the public servant’s agency. Present law further prohibits an appointed board or
commission member, a member of his immediate family, or a legal entity in which he has a
substantial economic interest from bidding on or entering into any contract, subcontract, or other
transaction that is under the supervision or jurisdiction of the appointed member's agency. Present
law further prohibits a public servant from participating in a transaction in which he, his immediately
family members, and specified other persons and entities have a substantial economic interest of
which he may be reasonably expected to know involving the governmental entity.
Present law (ethics code) provides an exception to allow a member of a municipal or parish
governing authority in a parish or municipality with a population of 25,000 or less according to the
latest federal decennial census or a member of such official’s immediate family, or a legal entity in
which he has a controlling interest to make application for the approval of a subdivision,
resubdivision, or zoning of property or for a building permit and any inspections related thereto,
provided that (1) The zoning of such property shall not be less restrictive than the zoning of the
original parcel; (2) No variance or special exception from any planning or zoning regulation or
requirement or any building code or permit shall be requested or granted; (3) The subdivision,
resubdivision, or zoning of such property shall be for residential purposes only; (4) The
application(s) submitted by or on behalf of the elected official, a member of his immediate family,
or legal entity in which he has a controlling interest, collectively, shall be limited to the subdivision,
resubdivision, or zoning of not more than twelve lots per calendar year and the construction of not
more than twelve residential units per calendar year; (5) No public funds shall be used to construct
any infrastructure for the use or benefit of such property or development; (6) The elected official
shall file written notice containing all details regarding the transaction deemed necessary by the
Board of Ethics with the board and the governing authority at least 10 days prior to any hearing
pertaining to such application, or if no hearing is held, then at least 10 days prior to final action
thereon; and (7) Any such member of a governing authority shall recuse himself from
any vote related to such application and shall not participate in any other aspect of the application or transaction.
Proposed law expands the exception by (1) removing the population restriction for parishes and
municipalities of 25,000 or less, (2) including appointed members of a planning or zoning or appeals
board or commission of a parish or municipality and their immediate family members and related
legal entities, and (3) removing the restriction that no variance or special exception from any
planning or zoning regulation or requirement or any building code or permit shall be requested or
granted. Proposed law further changes exception as it pertains to the related legal entities being
allowed to make such applications, from those in which such a person has a controlling interest to
those in which such a person has an interest. Proposed law retains the other restrictions contained
in the present law exception and further requires the advance written notice regarding the transaction
to be filed by the elected or appointed public servant (not just the elected governing authority
members), requires such a public servant to recuse himself from any vote related to the application,
and prohibits participation in any other aspect of the application or transaction by the public servant.
(Amends R.S. 42:1123(34))