April 2010 General Regular Page 1 of 258 - Louisianaethics.la.gov/Pub/Agendas/FullAgendas/201004/General Regular.pdfcalled the public hearing in Docket No. 08-1104 to explore charges

LOUISIANA BOARD OF ETHICS

LaSalle BuildingF'irst Floor - LaBelle Room

617 North 3"d StreetBaton Rouge, Louisiana

April 16,20109:00 a.m.

GENERAL

Regular Business

G50. Approval of the minutes from the Louisiana Board of Ethics March 18-19,20L0 meeting.

G51. Docket No. 10-222Consideration of a request for an advisory opinion regarding CarolineRoemer Shirley's participation as the Executive Director of theLouisiana Charter School Association in matters involving the LouisianaBoard of Elementary and Secondary Education (BESE) when herbrother Charles Roemer. IV is a member of BESE.

G52. Docket No. 10-245Consideration of a request for an advisory opinion regarding whether a

candidate for the East Baton Rouge Parish School Board may continueher employmentwiththe BatonRouge Transition to Teaching Programif elected.

April 2010 General Regular Page 1 of 258

G53. WAMRREQUESTS - CAMPAIGN FINA|ICEDocket No. 10-219Consideration of a request that the B oard waive the $60 late fee assessed

against Ellen Kovach, a successful candidate for Judge,24th DistrictCourt, Division K, Jefferson Parish, in the October 4,2008 electionwhose Supplemental campaign finance report was due February 17,

2010 and was filed 1 day late.

Docket No. 10-242Consideration of a request that the Board waive the $1,200 late feeassessed against Louisiana Horsemen's Alliance, a political committee(PAC) whose PAC monthly report was filed 6 days late.

Docket No. 10-243Consideration of a request that the Board waive the $100 late feeassessed against Stephen Chesnuf an unsuccessful candidate for Judge,Civil District Court, Division J, Orleans Parish in the February 6,20L4election whose 10-P report was due January 27,20L0 and was filed 1

day late.

Docket No. 10-255Consideration of a request that the Board waive the $360 late feeassessed against Jonathan Stewart, a successful candidate for DistrictAttorney, 2nd District, Bienville Parish in the October 4,2008 electionwhose Supplemental report was due February I7,20I0 and was filed 6days late.

Docket No. 10-256Consideration of a request that the Board waive the $900 late feeassessed against Tommie Vassel, an unsuccessful candidate forCouncilmember at Large, Orleans Parish in the October 20, 2407election whose Supplemental report was due Febru ary 17, 20 IA and wasfiled 9 days late.


Docket No. 10-257Consideration of a request that the Board waive the $1,600 late feeassessed against United Association Local 247, a political actioncommittee (PAC) whose Annual report was filed 8 days late.

Docket No. 1"0-258

Consideration of a request that the Board waive the $900 late fee

assessed against William Gant, an unsuccessful candidate forCouncilmember at Large, Orleans Parish in the February 6, 2010election whose Election Day Expenditure campaign finance report(EDE-P) was due February 16,2010 and was filed 9 days late.

Docket No. 10-259Consideration of a request that the Board waive the $600 and $600 late

fees assessed against Eliana DeFrancesch, a successful candidate forClerk of Court, Orleans Parish in the October 23, L999 and October 4,

2008 elections whose Supplemental campaign finance reports were dueFebruary 17,2010 and were filed 13 days late.

Docket No. 10-260Consideration of a request that the Board waive the $900 late fee

assessed against Thomas A. Lambert, an unsuccessful candidate forMayor, Orleans Parish in the February 6,20t0 election whose ElectionDay Expenditure campaign finance report (EDE-P) was due February16,2010 and was filed 9 days late.

Docket No. 10-261"

Consideration of a request that the Board waive the $100 late feeassessed against Jacquelyn Clarkson, a successful candidate for OrleansParish Councilmember atLarge in the February 6, 2010 election whosethirtieth day prior to the primary election campaign finance report (3 0-P)was due January 7 ,2010 and was filed 1 day late.


G54. WATVER REOUESTS - LOBBYINGDocket No. 10-208Consideration of a request that the Board waive the $50 late fee assessed

against Yolanda Barton, for failure to timely file a Legislative ER- 12109

lobbying report.

Docket No. 10-231Consideration of a request that the Board waive the $50 and $50 latefees assessed against Chuck Brown, for failure to timely file a

Legislative and Executive ER-12/09 lobbying report.

Docket No. 10-232Consideration of a request that the Board waive the $50 and $50 latefees assessed against Perry Franklin, for failure to timely file aLegislative and Executive ER-12/09 lobbying report.

G55. Consideration ofproposed legislation concerning the laws administered by theLouisiana Board of Ethics.


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LOUISIANA BOARD OF ETHICSMINUTES

March 19, 2010

The Board of Ethics met on March 19, 2010 at 9:08 a.m. in the LaBelle Room on the 1st floor

of the LaSalle Building located at 617 North Third Street, Baton Rouge, Louisiana with Board

Members Bareikis, Bowman, Boyer, Hymel, Ingrassia, Lowrey, Monrose, Simoneaux and Stafford

present. Absent were Board Members Frazier and Schneider. Also present were the Ethics

Administrator, Kathleen Allen; Executive Secretary, Deborah Grier; and Counsel, Alesia Ardoin,

Aneatra Boykin, Michael Dupree, Courtney Jackson and Tracy Meyer.

In its capacity as the Supervisory Committee on Campaign Finance Disclosure, the Board

called the public hearing in Docket No. 04-267 to obtain an Order against Orlando Matthews for his

failure to file the 2003 Supplemental campaign finance disclosure report that was due by February

17, 2004. On motion made, seconded and unanimously passed, the Board continued the public

hearing since proper service had not been obtained.



failure to pay assessed late fees totaling $2,000 for the late filing of his campaign finance disclosure

reports. On motion made, seconded and unanimously passed, the Board continued the public

hearing since proper service had not been obtained.



failure to file the Annual/Supplemental campaign finance disclosure report that was due by

February 15, 2005. On motion made, seconded and unanimously passed, the Board continued the


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public hearing since proper service had not been obtained.












considered a request for rehearing in Docket No. 07-902 in connection with Orders issued against

Natasha Anthony Wells, a candidate for State Representative in the October 20, 2007 election, for

failure to pay assessed late fees for the late filing of campaign finance disclosure reports. On motion

made, seconded and unanimously passed, the Board imposed the late fees totaling $5,080 but

suspended the late fees conditioned upon future compliance with the Campaign Finance Disclosure

Act.

Board Member Frazier arrived at the meeting at 9:09 A.M.


called the public hearing in Docket No. 08-1104 to explore charges issued to Pat Sheila Brewer-

Felix, a candidate in the October 4, 2008 election, for her failure to file the 30-P campaign finance


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disclosure report by September 15, 2008. On motion made, seconded and unanimously passed, the

Board continued the public hearing since proper service had not been obtained.


called the public hearing in Docket No. 09-1007 to obtain Orders against the following candidates

for failure to pay assessed late fees for the late filing of campaign finance disclosure reports:

On motion made, seconded and unanimously passed, the Board dismissed the hearing

regarding Brent Callais, since the late fees had been paid.

The Board called the public hearing regarding John Nicholson. Mr. Nicholson was called

and appeared before the Board. After hearing from Mr. Nicholson, on motion made, seconded and

unanimously passed, the Board suspended the $220 remaining balance conditioned upon future

compliance with the Campaign Finance Disclosure Act.


called the public hearing in Docket No. 09-755 to obtain an Order against Donald L. “Don” Bertrand

for failure to pay assessed late fees for the late filing of a campaign finance disclosure report. On

motion made, seconded and unanimously passed, the Board continued the public hearing since

proper service had not been obtained.


called the public hearing in Docket No. 09-862 to obtain an Order against Donald R. Dobbins for

failure to pay assessed late fees for the late filing of a campaign finance disclosure report. Mr.

Dobbins was called but was not present. Staff counsel introduced and filed into the record Exhibits

1-9. On motion made, seconded and unanimously passed, the Board ordered Mr. Dobbins to pay

the $200 late fee.


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called the public hearing in Docket No. 09-927 to obtain an Order against Anthony Landry for

failure to pay assessed late fees for the late filing of a campaign finance disclosure report. On

motion made, seconded and unanimously passed, the Board dismissed the hearing, since the late fees

had been paid.


called the public hearing in Docket No. 10-004 to obtain Orders against the following candidates

for failure to pay assessed late fees for the late filing of campaign finance disclosure reports:


regarding Daryll F. Berry and Quincy Richard, Sr., since the late fees had been paid.

On motion made, seconded and unanimously passed, the Board continued the hearing

regarding Anthony James Soileau, since proper service had not been obtained.

The Board called the public hearing regarding Kelly Daniels. Mr. Daniels was called but

was not present. Staff counsel introduced and filed into the record Exhibits 1-8. On motion made,

seconded and unanimously passed, the Board ordered Mr. Daniels to pay the late fees totaling

$2,400.

The Board called the public hearing in Docket No. 10-009 to obtain Orders against the

following lobbyists for failure to pay assessed late fees for the late filing of their Executive and/or

Legislative Lobbyist Expenditure Reports:


regarding Joseph Booth, Elizabeth Bryant and Cheryl Teamer, since the late fees had been paid.

The Board called the public hearing regarding Charles Lanphier. Mr. Lanphier was called


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but was not present. Staff counsel introduced and filed into the record Exhibits 1-5. On motion

made, seconded and unanimously passed, the Board ordered Mr. Lanphier to pay the $1,000 late fee.

The Board called the public hearing regarding William Minton. Mr. Minton was called but

was not present. Staff counsel introduced and filed into the record Exhibits 1-4. On motion made,

seconded and unanimously passed, the Board ordered Mr. Minton to pay the $150 late fee.

Ms. Carolyn Bombet, Department of Health and Hospitals, and Ms. Mika Irving, Program

Manager for Food Certification, appeared before the Board in Docket No. 10-168 in connection with

a request for an advisory opinion regarding Chandra Johnson, a West Baton Rouge Sanitarian,

teaching a Retail Food Program Course. After hearing from Ms. Bombet and Ms. Irving, on motion

made, seconded and unanimously passed, the Board concluded that no violation of the Code of

Governmental Ethics is presented by Ms. Johnson continuing to teach a Retail Food Program

Course, as long as she does not teach persons in West Baton Rouge Parish, where she has regulatory

authority. The Board further advised that Section 1112 of the Code of Governmental Ethics

prohibits Ms. Johnson from referring West Baton Rouge Parish residents to take the course provided

by her

The Board unanimously agreed to consider the following supplemental agenda items:

Mr. Peter Wright, General Counsel for the Louisiana Workforce Commission, appeared

before the Board in Docket No. 10-189 in connection with a request for an advisory opinion

regarding the Louisiana Workforce Commission, Office of Workforce Development receiving

training vouchers from Microsoft. After hearing from Mr. Wright, on motion made, seconded and

unanimously passed, the Board concluded that no violation of the Code of Governmental Ethics is

presented by the Louisiana Workforce Commission, Office of Workforce Development accepting


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a donation of training vouchers from Microsoft, since the vouchers are for the use of the customers

of the Business and Career Solution Centers and are not provided to or for the benefit of any

individual public employee.

The Board considered a request for an advisory opinion in Docket No. 10-071 regarding a

business owned by the son-in-law of Ed Muniz, a former member of the Regional Planning

Commission (RPC) for the parishes of Orleans, Jefferson, St. Bernard, St. Tammany and

Plaquemines, performing services for the RPC. On motion made, seconded and unanimously

passed, the Board concluded that no violation of the Code of Governmental Ethics is presented by

Comm Tech International, Inc., a company owned by former RPC Commissioner Ed Muniz’s son-

in-law, doing business with the RPC, since Mr. Muniz is no longer a member of the RPC.

The Board considered a request for an advisory opinion in Docket No. 10-173 regarding a

resolution adopted by the Louisiana Public Defender Board authorizing the State Public Defender

to increase the salaries of public defenders. On motion made, seconded and unanimously passed,

the Board concluded that no violation of the Code of Governmental Ethics is presented by the

District Defenders receiving a temporary salary increase pursuant to LSA-R.S. 15:161(H)(2).

The Board considered a request for an advisory opinion in Docket No. 10-174 regarding

CASA of Central Louisiana engaging in a business relationship with a business owned by one of its

board members. On motion made, seconded and unanimously passed, the Board concluded that no

Code of Governmental Ethics issues were presented by the proposed business relationship between

CASA of Central Louisiana and a business owned by one of its board members, since CASA is not

a public agency and its board members are not subject to provisions of the Code of Governmental

Ethics.


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The Board accepted for filing disclosure statements, notices and personal financial disclosure

statements from the following:

RS 42:1111E Disclosure Statements

Joseph Peter Lopinto III,Robert M. Marionneaux Jr.

RS 39:1233.1 Banking Recusal

Michel Henry Claudet

RS 42:1123(41) Disclosure Statements

Noble E. Ellington Jr.Rosalind D. JonesElton M. AubertNancy LandryJohn F. Anders Jr.Robert LoveTom HessO. E. BakerCarrie SalyersSally I. ClausenSharon D SouthallCarrie RobisonKim Hunter-ReedSimone Becnel Champagne

RS 24:56 Notice of Fundraiser

James W. TuckerHerbert B. Dixon Sr.Avon Ray HoneySamuel Perry Little

RS 27:12B Gaming Control Board Disclosure Statements


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Franklin BradfordJackie "John" BerthelotDane Kyle MorganVelma C. RogersGerald "Jerry" Leo Juneau Sr.Michael D Noel JrJames M Singleton

RS 27:96 Gaming Contracts Disclosure Statements

Kevin Dale GuidryJohn Darrell Blair

RS 42:1119B Hospital Service District Disclosure Statements

Hayward FairCharles E. WeeksJohn WilkinsJohnny FordC. Wendell AlfordRobert Quirk Jr.Vince CataldoMichael W. DukeJoseph GiardinaJacob GiardinaMoses WilkinsJames T. ThomasOswald BroussardMichael D WoodenLester HardyRobert T Green JrJames B. Falterman Jr.Harlon E. NoblesArdell M GuerraMaurice PicardJames E. CarrollJeffrey Scott GrunerJennifer S JohnsonBryan DuetLinda F. DeVille


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RS 42:1124, 1124.2 Personal Financial Disclosure Statements

1124.2.1, & 1124.3

Dale N. AtkinsDwight Lawrence McKennaCynthia Hedge MorrellVernon H. RodrigueRichard McNabbBobby Wayne EdmistonKaren Carter PetersonArthur A MorrellJessie Eural JohnsonMelvin Jimmy StephensJames Edward LongoriaFred L. GrantCharles E. HudsonJanis LemleNadine RamseyIrma Muse-DixonJanis LemleNadine RamseyIrma Muse-DixonDavid BoninMatthew RaleyTroy Anthony HenryJames PerrySalvatore Anthony Caruso Sr.Rubenstein Mitchell-ClarkJohn E. Fitzpatrick IIIFloyd S Voinche SrMalcom Lewis EnglishJoe Carroll Backus IIJames LavigneBonnie HurstRoss V. Prewett IIIAdam John MatteJeffrey Marlon LasiterChuck KinneyWilliam "Bill" C. JeanmardJoe NormanLoston L. McEvers

Walter P. CreelRobert P. RoySusan JeansonneWilliam B. RussellReginald DucoteBryan Kirk VidrineDana Nereaux AlexanderDean L. ManningKenneth Farbe JrGuy Truett WilliamsWilton A. Guillory Jr., D.D.S.George Lavelle BrownBilly W. FowlerCharles C. CurrierMyron Keith LawsonLawrence J. BadeauxLauren Anderson- AuversetJimmy Thomas HollandNoel H. HaynesThomas LandryLennis Lorell Graham Jr.John Willie WatleyMichael J. GremillionByron A. Adams Jr.Julia Rose"Tom" ArnoldWillie Lee RobinsonNettie ClarkAlphonse M. FrilotMelvin ToomerFaith ThomasJoseph Porterie PrierJoyce Porterie PrierWillie Lee RobinsonErnest Roger Phaneur Jr.Billie Kathryn JohnsonJohn Samuel CraftWilliam Edward Hall


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Wayne Dale SandersThomas T. McNabb Jr.Anthony LamonteMilton Daniel DowdRoy ArmstrongMichael Eugene RobertsonDale J RogersFrancis Touchet Jr.Mark Alan DoddJohn T. SchellKenny Ray HazeltonKermit Leon BrownGregory Paul PrudhommeJohn G. OffordMorgan MossPatrick J. LoftusJohn A. DoucetChristina ToddLemuel BassettRoger Elvis DavisRonald Marc RobertsRonald Joseph CharlesBilly LoganDanny Racheal Washington Sr.Ernal "E.J." BroussardGeorge C. StrohmValsin Charles Vanney Jr.John Harrison CartwrightP. Andre FrugeMark AllenFrancis J PlaisanceWillie Mae KennedyCharles Ray WaldonGeneva C BernardKatharine C. Rathbun M.D.Thomas BouchieJames Douglas BrowningEstes LeDoux Jr.Gerald LangloisJay Williamson Jr.Lola Renett GrimesKirk Patrick ChampagneCharles Emerson BalthrapLouis Joe Hardy

Ray Allen Gaspard Sr.Craig Wendell FosterRudy Starlin SmithMargaret A. DickersonCarbett J. DuhonHayward SteeleAddice W. McDonaldKeith HarrisonAbbie Berry WoodsMichael "Matt" Matthew MillerTravis John ArmandMarshall Jan Stelly HudsonJoseph Angelo SicilianoShirley Ann Fordkevin Gerard GuidryJames Douglas BrowningHerbert Gaspard Jr.Janet Kline-ClarkBeaver B Knighton SrGloria Owens HaydenMark Dillan ViningMichael "Mike" FuselierJames Donald BrianJames W. BennettChuck AutinJames E. Vaughn Jr.Michael Wayne WhitneyObbie JohnsonNicholas Eugene GasperJohnny Julius HendersonRomanus Robertson Sr.Charlotte McHenry CooperTony J. HardyHarry James LewisVincent LabueWilliam Francis MelchiorriMelinda N. MitchellJason ZarJohn Thomas GroceRobert Liewellyn RiceJerry James LandryKenneth Lloyd DucoteWarren E. CrockettMarjorie Day


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Michael Terrence YoungsEdward Gayle "Sonny" TylerClayton "Rick" HendersonTerry R. SpeicherKenneth Chad BlundellJoseph Prichard McKeeWilliam L. RobbinsMichele Pietri BraniganDavid Douglas SmithCharles J. DeeseDonl LangleyDonald Wayne FosterElliot C. Jordan Jr.Robert McFarlinLouis DeJohn Jr.Elliot C. Jordan Jr.Floyd Marshal Sr.William Henry Shane JrCarl Wayne CopesMichael W KoonceVincent E. Cox IIIEugene B. PellerinWilliam H. SchwertzArthur Champ Jr.Ryan Audie KeetonTheodore Lindsey Jr.Larry Dean SmallLourain Colson LaCourAlan D. FutrellLorraine SappGarland C. WalkerCharles Michael FinlaysonTamara "Tami" Jackson LongoriaJames Edward LongoriaKent Hugo DenapolisUlyes Albert AlexanderCora L. ReedHarry W. JohnsonRonnie L Rockforte SrRandall C. SmithBobby CornerFrederick Douglas DrennanPaul PatinFred Ray Boswell

Dorothy Gunter Simmons Donald "T-Don" GagnardPaula Buie CumptonChristopher Lee DuncanFrank MottBrent Neal DuboisSandra M. "Jeannie" BlackLue P. KennedyCurtis L. MCcune Jr.Melba J. CreechLuther Oyama YeagerEddie B. Alfred Jr.Mary L FanaraKenneth L StephensDennis Paul WilliamsGerard W. TouchetEdward C. BoldenLyle Jay IvyDeborah A. VillioCarolyn Hopson ToddArmetta S. BryerKelly Marie SommerHenry James WilliamsCharlie Thompson Jr.Betty JohnsonDeborah A. DavidsonAnthony W. NashCraig ProsperWilliam E. TripletteCheryl H. DemeryBarbara Ann CarrollLouis Thomas NelsonLynn J Ross JrDave N. NorrisCharles Lee HintonCarol Jeukens VanMolEva Dell MorrisonMary Bishop GallowaySarah Lynn WhiteheadAnthony Ray BoswellMichael S. GarnerMichael S. YenniJoseph A PitreJohn William Monceaux


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Jimmy SparacelloBrenda C. SampsonRaymond Harris JrInez Magness Shelton Jr.Drusilla EllenderKenneth Wade WelbornMark Francis PiazzaKevin DornVeronica AllisonEarl Robert AdamsWilliam G. CampbellThomas Henry DufreneFred Edward Ragland Jr.Raylyn R. BeeversJoseph "Randy" FavreClaude James ClayJoseph A. DonchessTim TomlinsonRonald Mark LeLeuxRaymond S. SteibArthur Champ Jr.Joseph H. Fraught IIIWilliam "Bill" R. Borchert Jr.Dwayne D. LloydAnthony LoBueMitchell Lee LewisPatricia Alter MartinezDebra K. JamesPenny M. FrameKenneth Wade HillBilly Ray AudirschMilton L. CrosbyRalph WashingtonArthur R SavoyShelton WattsPaul KatesAlvin St. Pierre Jr.Dorman L. GuilliamsTrilby T. Lenfant IVElizabeth S. GrangerBenjamin O. MorrisDonald L. ByrdWayne Nicholas MessinaBoyd John Adams

Eddie Beckwith JrLynwood Colbert BurkhalterClarence Ray FieldsDwan BowserKenny P Scelfo SrTanya Johnson AndersonTeresa D. HavensElton R. HavensDon Michael TravisNathan Eric MartinDumas J. CharlesJohnny Lee JenningsWilliam M. ElliottJoseph Hall Jr.Alice Faye GuessDavid Monroe RoarkEldredge Linus Carroll Jr.Joan C LansingRonald P. Sayer Sr.Richard E. TassinGuy Bridges Hall IIIHenry A. BordelonFred WashingtonErvin Gerard WilsonCalvin CaesarAdelaide J BoettnerAlvin Ray WoodleyL Landon CusimanoWayne J. LandryLionel J. HicksWill Fenon TalleyAaron MoakColleen DungcaDelores BroussardJohn Elliott JenningsArita M. L. BohannanFred Washington Jr.Bruce William LeeDawn Lee Burgoyne-StottJay E. NewcombRoy R. JonesRichard Sheldon Hursey Jr.John H LemoineValerie W. Allen


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Barry D. BartholomewMaria C DefranceschBeth BlakeJames Joseph TrainorSamuel W. AbneyCurtis Wayne McCoyJanet Desselle GrosGary Paul Boe Jr.Robert StachowiczPaul B. MiguesCatherine W. LeeBetty BlakeTodd Anthony LeakeKelly LewisEarl "Ben" Bernhardt Zahn IIIEmily Ford OwensJohn "Sonny" DumasCharles K. WiltTroy N. TerrellAnthony Marcus AtesIola J. MartinGlenda Rios BrumleyRoy ArmstrongAnthony Simeon ProfitDianna Saffold CooksTommy A. WatsonJames Edwin MossPhilip D. AndrusDonnell RoseStuart A MossJesse James DavisGlenn LittleCarolyn CutrightPhilip Louis CapitanoPat M. PeytonLawrence Henry Cochran Jr.Kim Baronet HarbisonGerald J. KellerDavid F. AndignacSandra E. BatisteAbner Kirk Junkin IIISarah Moss Russell JunkinJaymie Mitchell Wright

Matthew Sidney WaltonRichard ReardonJoseph Anthony Stagni SrJames "Brian" BrennanMichael F. AbendrothJames Mark MadderraBelinda Cambre ConstantTodd Steven SuireLester LevineBarnabas LeBastain SaulsberryGeorge T. KilpatrickWilliam Paul BrownAnthony Marcel Faciane Sr.Daniel "Dan" E. MichelJackie Robert JohnsonShannon Paul BascoJohnny Lee JonesBruce L. CoulonFloyd ScrantzStuart A MossReggie Lyn GreenJohn "June Bug" MooreCornelious Benjamin Taylor Sr.Sammy SledgeBilly GayDouglas Ray LeonardHerman M LenardMary Francis WomackTonja K. "Toni" MaloneLaverne MixonSue R. ProfferFerda WykoffTracey BrownEarlene F. LejeunePhilip G. WilsonWilliam H. BrysonElouise Conley- DoteyWilliam "Bill" FieldsConstance L JacksonAaron Stringer JrLillian AplinIdee Jane MartinClarence BeebeJames A Browing IV


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Charles Edwin HouseTed Waymon McKinneyShelia BraxtonLarry GuilbeauPerry Bailey Sr.Luis A SotomayorLaVerne H MiersHeather Anne MobleyZeland David DeLoachHarold Marione RideauJames Kenneth Baum Jr.John Phillip MarceauxA. J. SmithCharles Hebert KelleyWanda Sue FieldsDarin Jude DesormeauxDonna Schwartzenburg BreauxCynthia Mouch CrochetMichael J ManninoDavid J. Martin Jr.Roseline A SumrallRobert Wesley CraftonWilliam Robert Vincent Sr.Queenie V. RogersTina Dandry MayesMark T. AbrahamJude ReeseEugene P. FoulcardAlice Turnage PearsonJerry Lane RuggJohn Weldon BuckleyDonald AcreeAlvin Bruce AllenCharles Lane SawyerLanny Stancil ParkerVergil RamseyDan James MorganJames L HerfordJudy "Gilliette" RochonDeidre StapletonJody Paul MecheJames A. JohnsonOscar Robertson Jr.Joseph E Lafont III

David A ComeauxMarvin P RoySteve Bennon HunterHoward Ray BanksAnthony BorillRonald James SampsonSamuel Owens EcholsThomas Kay JacksonCursey Leon Marcantel Jr.Malcolm Thomas McMillanBenny J. PercleThomas E. GossLydia Dianne Born StewartLeonard William LenelBilly CormierBert J. BordelonClarence David McQueenFloyd J. MecheTimothy J. BourgeoisDonald MenardJerry Kenneth JohnsonJohn Mitchell LangloisRobert Patrick Benoit Sr.Clay Patrick HenryCarmella N. GuedryStephanie SavoySalvador J TuminelloArnold Troy CatalonCharles L. RobersonWatson ChampagneHubert Bradley WilliamsRichard Barry MizziGary Louis CazenaueCraig Jeffery MillerLawrence L. PatinJoycelyn B. GuidryEdgar J. Thomas Jr.Ronald James HebertRonald James HebertRichard B NettervilleJason Dale SimonJames R. SoileauBetty Cooper-ColemanDavid Michael Lowery


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Carroll Wade Shaddock Jr.Keith M. BourgeoisFred Huenefeld Jr.Barry Gene BonnerDeborah Susan SteinmetzDelmar E. GayDonna Alleman Dr.Mazie Bodden Movassaghi Dr.Tessa S. SteinkampBrandi BerkeleyLisa M. ButcheeJohn E. LurryRobert F ZabbiaRose W. McCullochAnthony Boudreaux Jr.Robert S. Tomlinson Jr.Joanne C. BourgeoisSharon Fisher-BascoGary James WilsonRobert Wayne MenardEverette Clarence CallowayShane HartGerard F. Coogan Jr.Russell FlintMickel L. WilsonDale M. Erdey

RS 42:1114 Financial Disclosure Statements

Walter Meter Caldwell IVIrving Comeaux

RS 42:1114.2 Retirement Disclosure Statements

John T. FergusonL Farrell Crane JrKelly BrunsJustin A RichardsEdward A. RittenhouseNedra HadleyJoseph F. Gleger


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Thomas BachnerPutri PascualyEmma JesshopDaniel GarutiSuzanne L SchechterSteven J MastrovichSylvia P BellStephan T MurphyDesiree P PizzolatoKim M CalhounDavid Spika

RS 42:1119B School Board Disclosure Statements

Kay WilbanksMadonna G. GreenLelia Arceneaux

The Board reviewed several of the legislative bills involving the laws administered by the

Board of Ethics during the 2010 Regular Legislative Session. On motion made, seconded and

unanimously passed, the Board instructed the staff to return the information regarding the bills to

the April agenda.

On motion made, seconded and unanimously passed, the Board adopted the following

general business agenda items:

Adopted for publication, a consent opinion in Docket No. 08-1072 in which lobbyist Raymon

White agrees that a violation of Section 55 of the Lobbyist Disclosure Act occurred by the filing of

his 2008 Lobbyist Expenditure Report, which was due on August 15, 2008, twenty-four (24) days

late and in which Mr. White agrees to pay a fine of $300 to be suspended conditioned upon future

compliance with the Lobbyist Disclosure Act.

Adopted for publication, a proposed consent opinion in Docket No. 09-425 in which

lobbyist Britton Loftin agrees that a violation of Section 55 of the Lobbyist Disclosure Act occurred


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by the filing of his 2009 Lobbyist Expenditure Report, which was due on February 17, 2009, twenty-

nine (29) days late and in which Mr. Loftin agrees to pay a fine of $300 to be suspended conditioned

upon future compliance with the Lobbyist Disclosure Act.

Allowed the withdrawal of a request for an advisory opinion in Docket No. 10-087 regarding

the privatization of positions by the Louisiana Department of Veterans Affairs (LDVA), since none

of the employees employed by the LDVA have expressed an intent to work for the LDVA on a

contractual basis after the privatization takes effect and rendering the issue moot.

Adopted an advisory opinion in Docket No. 10-113 concluding that no violation of the Code

of Governmental Ethics is presented by Representative Frank Hoffman serving on the Board of

Directors for the Louisiana Center for Law and Civic Education (LCLCE) and Life Choices of

Monroe and participating as a member of the Legislature in transactions before the Legislature in

which the non-profits have an economic interest, or may receive funds from the appropriations

process, since both the LCSCE and Life Choices of Monroe are non-profit educational organizations

and as long as Representative Hoffman does not receive compensation from either entity.


of Governmental Ethics is presented by Rusk Construction, Inc., a company owned by the brother

of Simmesport Mayor Eric Rusk, being awarded a contract with the Simmesport Housing Authority,

since the Simmesport Housing Authority is a separate and distinct political subdivision from the

Town.

Adopted an advisory opinion in Docket No. 10-115 concluding that Section 1115 of the Code

of Governmental Ethics prohibits the employees of the Plaquemines Parish Economic Development

Board from receiving a complimentary cruise packet from cruise lines participating in the


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“Plaquemines Parish is Cruisin” program, since a cruise line participating in the Parish’s program

is a prohibited source of a gift pursuant to Section 1115 of the Code of Governmental Ethics and the

employees of the Economic Development Board are prohibited from receiving the free cruise packet

even if the donation is made to the agency, as the public servant would receive the benefit of the

thing of economic value from the prohibited source. The Board further advised that Section 1111A

of the Code of Governmental Ethics prohibits all other employees of Plaquemines Parish from

receiving the complimentary cruise packet from cruise lines participating in the “Plaquemines Parish

is Cruisin” program, since the employees of Plaquemines Parish would receive the cruise packet

because of their status as public servants.


of Governmental Ethics is presented by Mae Saulters, President of the Jackson Parish School Board,

also serving as the Program Director of the Jackson Parish Truancy Assessment Center (TASC),

since Ms. Saulters’ duties as Director of the TASC would not be devoted substantially to the

responsibilities, programs or operations of her agency nor would her employment be under the

supervision or jurisdiction of her agency. The Board further instructed the staff to refer the issue

of dual officeholding to the Attorney General’s Office.


of Governmental Ethics is presented by Toby Willis accepting a JAG teaching position with the

Iberville Parish School Board while his father, Brian Willis, serves as a school board member, since

Toby Willis is certified to teach and will be teaching within his certification area.

Adopted an advisory opinion in Docket No. 10-146 concluding that Section 1121A of the

Code of Governmental Ethics prohibits Larry Joseph, the former Director of the Office Audit


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Division of the Louisiana Department of Revenue (LDR), from receiving compensation from

persons to assist them in preparing Louisiana tax returns and/or claims for refund/rebates, as well

as representing taxpayers on Louisiana tax audits for a period of two years from his retirement date,

since assisting persons in the preparation of Louisiana tax returns and/or claims for refund/rebates,

as well as representing taxpayers on Louisiana tax audits would involve his former agency, the

Office Audit Division of LDR. The Board further advised that no violation of the Code of

Governmental Ethics is presented by Mr. Joseph counseling taxpayers, attorneys and accountants

on state tax laws and polices, conducting tax seminars on Louisiana tax laws and policies, or

engaging in the practice of tax accounting, as long as the services he intends to provide do not

involve the Office Audit Division of LDR.


of Governmental Ethics is presented by Gannon Watts, the Elementary Program Director for the 16th

JDA-Family Service Division, becoming a provider for the Office of Community Services (OCS),

as long as he does not serve or provide the same services to clients who would be able to receive the

services from him at the 16th JDA-Family Service Division. The Board further advised that Section

1112 of the Code of Governmental Ethics prohibits Mr. Watts from referring clients of the Family

Service Division to his private practice.

Adopted an advisory opinion in Docket No. 10-151 concluding that (1) no violation of the

Code of Governmental Ethics is presented by Mary Paige being employed by the Natchitoches

Parish Head Start Program while her husband, Chris Paige, serves as a member of the Natchitoches

Parish Police Jury, since Mrs. Paige has been employed by the Head Start Program for at least one

year prior to her husband being elected as a police juror. The Board further advised that Section


-20-

1112 of the Code of Governmental Ethics prohibits Mr. Paige from participating in any transaction

before the parish in which his wife has a substantial economic interest. Pursuant to Section 1120

of the Code of Governmental Ethics, Mr. Paige must recuse himself from voting on any matter

which would present a violation of Section 1112 but he is not precluded from participating in the

debate or discussions concerning the matter provided the conflict of interest is reflected in the record

prior to his participation in the discussion or debate and prior to the vote; and, (2) no violation of

the Code of Governmental Ethics is presented by Penny Guin serving as Assistant Director of Public

Works while her husband, Gary Niette, works as a mechanic in the Public Works Department, since

Ms. Guin is not an agency head. The Board further advised that Section 1112 of the Code of

Governmental Ethics prohibits Ms. Guin from participating in any transaction concerning the

department in which her husband has a substantial economic interest.


of Governmental Ethics is presented by Michele Turner Jones, an employee of the Department of

Social Services (DSS), Louisiana Rehabilitation Services, also serving as director of the Houma

Assembly Church’s transitional home for youth in foster care, as long as she does not serve the same

clients who would be able to receive the same services through the DSS and since she would not

receive anything of economic value nor would the work be devoted substantially to the

responsibilities, programs or operations of her agency.

Adopted an advisory opinion in Docket No. 10-153 concluding that Section 1119 of the Code

of Governmental Ethics prohibits Donnie Middleton from accepting the position of Director of the

St. Mary Parish 911 Communication District while his father, Charles Middleton, serves as a

member of the St. Mary Parish Council, since the St. Mary Parish Council is the appointing authority


-21-

of the Communications District Board and has supervisory authority over the Communications

District.

Adopted an advisory opinion in Docket No. 10-154 concluding that the Eighth Ward

Volunteer Fire Department is under the jurisdiction of the Board of Ethics and thereby subject to the

provisions of the Code of Governmental Ethics. The Board also concluded that Section 1119 of the

Code of Governmental Ethics prohibits the daughter of Nathan Sticker, Fire Chief for the Eighth

Ward Volunteer Fire Department, from being employed within the fire department.


of Governmental Ethics is presented by employees of the Louisiana Supreme Court’s Office

accepting discounts from area stores and restaurants located in the French Quarter, as long as the

restaurants and local stores offer the discounts to all businesses located within the French Quarter.


of Governmental Ethics is presented by Larry Crum, brother-in-law of Wisner Police Chief Billy

Cureington, volunteering his services to the Wisner Police K9 Program, since Mr. Crum will not be

compensated in his position as a volunteer reserve officer.

Adopted an advisory opinion in Docket No. 10-159 concluding that Section 1119A of the

Code of Governmental Ethics prohibits Addison Thompson from being employed by the Richland

Parish Coroner’s Office while his father, Dr. David Thompson, serves as the Richland Parish

Coroner, since Dr. Thompson serves as the agency head by virtue of his position as Coroner and that

Section 113A of the Code of Governmental Ethics prohibits Addison Thompson’s appointment to

Assistant Coroner, since the appointment would be a transaction under the supervision and

jurisdiction of his father’s agency, the Coroner’s Office.


-22-

Adopted an advisory opinion in Docket No. 10-160 concluding that Section 1113B of the

Code of Governmental Ethics prohibits Dr. Ratnaker Pernenkil, the President/Chief of Staff of St.

Tammany Parish Hospital Service District No. 2 d/b/a Slidell Memorial Hospital, from entering into

a contract with the Slidell Memorial Hospital’s Board of Commissioners in connection with his

compensated medical directorship which would outline his job responsibilities, since the contract

for the compensated directorship would be a transaction under the supervision of the Board of

Commissioners. The Board further advised that Section 1112 of the Code of Governmental Ethics

prohibits Dr. Pernenkil from participating in the discussion, debate and vote of the Hospital’s Board

of Commissioners to award the directorship.


of Governmental Ethics is presented by employees of the Environmental Services Department of

the Interim LSU Public Hospital (ILH), who are affected by the privatization of the ILH, accepting

employment with vendor who is selected by ILH to perform the privatized services, since ILH will

no longer provide the environmental services once they are privatized and since employees affected

by the privatization did not participate in ILH’s decision to privatize the services.

Pending the receipt of additional information, deferred consideration of a request for an

advisory opinion in Docket No. 10-165 regarding the Mayor of the Town of Cottonport appointing

a member of the Cottonport Town Council to the Cottonport Housing Authority.

Adopted an advisory opinion in Docket No. 10-170 concluding the following with respect

to members of the Jefferson Davis Parish Police Jury becoming owners in a company that intends

to enter into a lease agreement with the police jury:

(1) Can a Police Juror be a member of the Limited Liability Company? The Code


-23-

of Governmental Ethics would not prohibit the Police Juror from becoming amember of the Limited Liability Company as long as the Police Juror together withhis immediate family members do not own an interest in excess of 25%. Section1113A of the Code prohibits a public servant, a member of the public servant'simmediate family, or a legal entity in which he has a controlling interest frombidding on or entering into a contract, subcontract, or other transaction under thesupervision or jurisdiction of the public servant's agency. Section 1102(8) of theCode defines "controlling interest" as any ownership in any legal entity held by oron behalf of an individual or a member of his immediate family, either individuallyor collectively, which exceeds 25% of that legal entity.

(2) Can a Police Juror's immediate family member be a member of the LimitedLiability Company? The Code of Governmental Ethics would not prohibit animmediate family member of a Police Juror from becoming an owner of the LimitedLiability Company as long as the immediate family member together with the PoliceJuror do not own an interest in excess of 25%. Also see the answer to question No.1, above.

(3) Can a Police Juror who is a member of the Limited Liability Company vote onissues involving the project, contract, or any issues involving the Limited LiabilityCompany? The Code of Governmental Ethics would prohibit a Police Juror, who isa member of the Limited Liability Company, from voting on issues involving theproject, contract or any issues involving the Limited Liability Company. Section1112B(3) of the Code prohibits the Police Juror from participating in a transactioninvolving the governmental entity in which any person of which he is an officer,director, trustee, partner, or employee has a substantial economic interest.

(4) Can a Police Juror who is a member of the Limited Liability Company debateor discuss in a formal meeting issues involving the project, contract, or any issuesinvolving the Limited Liability Company? If yes, what disclosure is required? TheCode of Governmental Ethics would not prohibit the Police Juror, who is a memberof the Limited Liability Company, from debating or discussing in a formal meetingissues involving the project, contract, or any issues involving the Limited LiabilityCompany. Section 1120 of the Code states that if any elected official, in thedischarge of a duty or responsibility of his office or position, would be required tovote on a matter which vote would be a violation of Section 1112, he shall recusehimself from voting. However, prior to such participation, pursuant to Section 1120,the Police Juror must disclose his conflict or potential conflict as part of the recordof his agency prior to his participation in the discussion or debate and prior to thevote that is subject of discussion or debate. Further, there is no disclosure


-24-

requirement regarding recusal.

(5) Can a Police Juror who is not a member and who votes on the issues later utilizethe facility or do business with the Limited Liability Company? The Code ofGovernmental Ethics would prohibit the Police Juror from providing compensatedservices, including the selling of rice, to the Limited Liability Company as long asthe Limited Liability Company has a contractual, financial or other businessrelationship with the Police Jury. Section 1111C(2)(d) of the Code prohibits a publicservant, or a legal entity in which he owns in excess of 25% or exercises controlover, from receiving a thing of economic value for services rendered to or for aperson that has, or is seeking to have, a contractual, business, or financialrelationship with his agency. However, the Police Juror may use a service offeredby the Limited Liability Company as long as the Police Juror does not receive adiscount for such service. Section 1115A of the Code prohibits a public servant fromreceiving any thing of economic value from a person that has, or is seeking to have,a business, contractual or other financial relationship with the public servant'sagency.

(6) Can a Police Juror who is not a member of the Limited Liability Company contribute to theLimited Liability Company in the form of a donation without receiving any membership orownership interest? The Board declined to render an opinion on this issue absent specific facts asto the circumstances surrounding the donation.

(7) Can a Police Juror who is a member of the Limited Liability Company with lessthan twenty-five (25%) ownership and who recuses himself from voting on any issuereceive a distribution from the Limited Liability Company? The Code ofGovernmental Ethics would not prohibit a Police Juror, who is a member of theLimited Liability Company, from receiving a distribution from the Limited LiabilityCompany. However, any Police Juror or any member of his immediate family thatreceives a distribution from the Limited Liability Company will be required todisclose the receipt of such distribution pursuant to Section 1114 of the Code.

Absent specific information, declined to render an advisory opinion in Docket No. 10-171

regarding whether a Kinder town clerk may an accept an appointment to the Town Zoning Board.


of Governmental Ethics is presented by Joe Paretti, the brother-in-law of St. Charles Parish Public


-25-

Works Director Sam Scholle, entering into contracts with other agencies in St. Charles Parish, since

Mr. Paretti is the spouse of Mr. Scholle’s sister and. as such, is not an immediate family member as

defined by the Code of Governmental Ethics and since there is no indication that Mr. Paretti or any

other partner in his company is related to anyone else in the St. Charles Parish Public Works

Department or any other agency of St. Charles Parish.

On motion made, seconded and unanimously passed, the Board approved the minutes of the

February 18-19, 2010 meetings.

The Board considered a staff memorandum in Docket No. 09-250 regarding charges against

Julius Hollis and Patrick McEvoy, Legislative Lobbyists, who failed to file the required lobbying

expenditure report by February 17, 2009 covering the reporting period of July 1, 2008 through

December 31, 2008. On motion made, seconded and unanimously passed, the Board dismissed the

charges against Mr. Hollis and Mr. McEvoy, since the reports had been filed and late fees assessed.

The Board considered a staff memorandum in Docket No. 09-256 regarding charges against

Julius Hollis and Patrick McEvoy, Executive Lobbyists, who failed to file the required lobbying

expenditure report by February 17, 2009 covering the reporting period of July 1, 2008 through

December 31, 2008. On motion made, seconded and unanimously passed, the Board dismissed the

charges against Mr. Hollis and Mr. McEvoy, since the reports had been filed and late fees assessed.


Representative Nancy Landry’s fund-raising efforts on behalf of candidates during a regular

legislative session. On motion made, seconded and unanimously passed, the Board concluded that

no violation of the Campaign Finance Disclosure Act is presented by Representative Landry


-26-

receiving compensation for raising funds for any other candidate, including candidates for a

legislative office, or political committees that contribute to legislators during a regular legislative

session. The Board further concluded that if the candidate being supported by the political

committee is a legislator, he is prohibited from accepting or depositing contributions from a political

committee during a regular legislative session, unless the contribution is for an office other than that

of the state legislator or if the election occurs during the Regular Legislative Session or within sixty

(60) days after such legislative session adjourns.


Geno Iafrate, Sr., the Vice President and General Manager for Horseshoe Casino & Hotel, being

appointed to the Greater Bossier Economic Development Foundation Board. On motion made,

seconded and unanimously passed, the Board concluded that no violation of the Code of

Governmental Ethics is presented by Mr. Iafrate being appointed to the Greater Bossier Economic

Development Foundation Board, since Horseshoe Casino & Hotel does not have a contractual or

other business or financial relationship with the Foundation. The Board further advised that Section

1112 of the Code of Governmental Ethics prohibits Mr. Iafrate from participating in matters

involving the Horshoe Casino & Hotel that come before the Foundation.

The Board considered requests for “good cause” waivers of late fees assessed against the

following lobbyists:

The Board unanimously declined to waive the late fees assessed against the following:

Docket No. 10-120 from Shree Medlock, Legislative Lobbyist, of a $50 late fee;

Docket No. 10-120 from Shree Medlock, Executive Lobbyist, of a $50 late fee;


-27-

Docket No. 10-167 from Ron Lospennato, Legislative Lobbyist, of a $200 late fee; and,

Docket No. 10-167 from Ron Lospennato, Executive Lobbyist, of a $200 late fee.

The Board unanimously waived the late fees against the following:

Docket No. 10-082 from Patrick McEvoy, Legislative Lobbyist, of a $250 late fee and a $50 late fee;

Docket No. 10-082 from Patrick McEvoy, Executive Lobbyist, of a $250 late fee and a $50 late fee; and,

Docket No. 10-199 from Jesse Barr, Legislative Lobbyist, of a $500 late fee.

The Board considered a request in Docket No. 10-163 for a waiver of the $1,250 late fee

assessed against Wardell R. Bourgeois for filing his amended personal financial disclosure statement

25 days late. On motion made, seconded an unanimously passed, the Board declined to waive the

late fee.

The Board considered a staff memorandum regarding an amendment to the proposed rule

concerning the food and drink limit in R.S. 42:1115.1 in connection with the automatic increase in

the CPU-I for Food and Beverage. On motion made, seconded and unanimously passed, the Board

agreed that the increase in the monetary limit on the receipt of food and drink by a public employee

and public servant should be increased by $1.00 from the $53 adopted for the period beginning July,

2009 to $54 to be effective July 1, 2010.

The Board considered a staff memorandum in connection with a Summary of the U.S.

Supreme Court decision in Citizens United v. FEC. Ms. Ardoin advised the Board that Louisiana

does not have a ban or a limit on corporation expenditures and that the Supreme Court’s decision

would have little effect on the Board’s regulation of the financing of campaigns.


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On motion made, seconded and unanimously passed, the Board adjourned at 11:29 a.m.

____________________________________

Secretary

APPROVED:

_______________________________

Chairman


General Item

Ethics Board Docket No. BD 2010-22204n6t2010

RE: Consideration of a request for an advisory opinion regarding Caroline Roemer Shirley'sparticipation as the Executive Director of .the Louisiana Charter School Association in mattersinvolving the Louisiana Board of Elementary and SecondaryEducation (BESE) when her brotherChades Roemero [V is a member of BESE.

Relevant Statutory Provisions, Advisory Opinions: 1113A

Comments: Chades E. "Chas" Roemer, [V is an elected member of BESE. His sistero CarolineRoemer, is the Executive Director of the Louisiana Charter School Association (the

"Association"). Section 11134. of the Code prohibits Ms. Roemer from entering intotransactions with the BESE. Section 1113A of the Code prohibits a public servant, a member ofhis immediate family, or a legal entity in which they own an interest in excess of the 25Yo,fuomentering into contracts, subcontracts or other fuansactions that are under the supervision orjurisdiction of the public servant's agency. Therefore, the Board concluded in BD 2008-122tJnatMs. Shirley is prohibited from appearing before BESE and representing the Association inmatters before BESE. Further in connection with a request for clarification of BD 2008-122,theBoard further concluded that the Code would prohibit Ms. Shirley from discussing withindividual members of BESE matters or positions of the Association and that the Code wouldprohibit Ms. Shirley from interacting with the staffof the Department of Education on mattersthat are under the jurisdiction of BESE.

In line with the prior opinions, Ms. Shirley has now requested an opinion regarding the followingspecifi c circumstances :

1. If the Association and the Louisiana State Director of Charter Schools parbrer to host ameeting pertaining to the future of the Recovery School Dishict, may the Director and Ms.Shirley speak to one another to discuss the date, time, location, invitees, agerd4 etc. for thisevent? May Ms. Shirley speak at such a meeting? Ms. Shirley is not prohibited from discussingwith individual members of BESE or the staffof the Deparhnent of Education issues that do notinvolve matters or positions of the Association on matters that are under the jrnisdiction of BESE

such as those items involving the incidentals of a planned event.

2. When legislation is pending that will have impact on charter schools, may Ms. Shirley bringcharter school leaders together for discussions with BESE and /or LDE on these matters? Yes,

however her participation is limited by the restictions outlined in BD 2008-122.


3. May Ms. Shirley be a member of and participate in a Charter Advisory Board created to workwith and provide the Superintendent of Education, the Louisiana Recovery School DistictSuperintendent and /or the Louisiana State Director of Charter Schools infomration on mattersinvolving charter schools? Yes, however her participation is limited by the restrictions outlinedin BD 2008-122.

4. As Executive Director, may Ms. Shirley organrze and participate in charter school meetings,bringing together the principals and board members of the charter schools to hear from theSuperintendent of Education, the Louisiana Recovery School District Superintendent and theLouisiana State Director of Charter Schools? Such meetings would serye as a means for thecharter schools to be both better informed about policies and regulations, as well as having the

opportunity to discuss other related issues. Yes, however her participation is limited by therestictions outlined in BD 2008-1,22.

5. If Ms. Shirley is invited by the LDE, BESE or the RSD to attend workshops, meetings,discussionso etc. that pertain to charter schools, may she attend and participate in these meetings,

such as a meeting the RSD hosted for principals and board members of the charter schools and

the stafffrom BESE to discuss Bulletins that outline policies regulating charter schools. Yes,however her participation is limited by the restrictions outlined in BD 2008-1,22. (AMA)

Recommendations: Adopt the proposed advisory opinion.


DATE

Mr. Richard B. EasterlingAdams and Reese, LLP450 Lamel Steet, Suite 1900Baton Rouge, LA 70801

Re: Ethics Board Docket No,20lA-222

Dear Mr. Easterling:

The Louisiana Board of Ethics, at its April 16,2010 meeting, considered yourrequet concemingCaroline Roemer Shirley's ernplolment with the Louisiana Charte,r School Association (the'oAssociation') while her brother Charles Roemer, tV serves as m eleoted menrber ofthe,LouisianaBoard of Elementary and Secondary Education (BESE). Caroline Roemer Shirley is the ExeoutiveDirector of the Association.

In 2000, the Board rendered an opinion concerning Ms. Shirley's emplolme,lrtwith the Association.TheBoardconcludedthatMs. ShirleywasprohibitedfromappearingbeforeBEsE andrepresentingthe Association in matters before BESE. Section 1113A of the Code prohibits a public servant, amember of his immediate family, or a legal entity in whieh they own an interest in excess of the25o/o, from entering into contracts, subconfacts or other tansactiops.that are under the supervisionor jurisdiction of the public servant's agency. Further in conneetion with a request for clarificationof BD 2008-122, the Board concluded that the Code would prohibit Ms. Shirley from discussingwith individual members of BESE mattsrs or positions ofthe Association and that the Code wouldprohibit Ms. Shirley from interactingwith the staffofthe Depar,hent of Education on matters thatare underthe jurisdiction ofBESE.

With respect to the following specific questions raised, the Board concluded and instructed me toinfonn youof the following:

1. If the Association and the Louisiana State Director of Charter Schools partner to host a meetingpertaining to the future of the Recovery School Dishict, may the Director and Ms. Shirley speak toone another to discuss the date, time, location, invitees, agend4 etc. for this event? May Ms. Shirleyspeak at such ameeting?

As the Board concluded in BD 2008-I22,the Code prohibits Ms. Shirley from 1) appearing beforeBESE 2) representing the Association in matters before BESE 3) discussing with individualmembers of BESE matters or positions of the Association" and 4) from interacting with the staffofthe Departnent of Education on matters that are under the jurisdiction of BESE. However, Ms.Shirley is not prohibited from discussing with individual members of BESE or the staff of theDeparftnent of Education issues that do not involve matters or positions of the Association onmatters t}tat are under the jurisdiction of BESE such as those items involving the incidentals of aplanned event.


2. When legislation is pending that will have an impact on charter schools, may Ms. Shirley bringcharter school leaders together for discussions with BESE and/or the Louisiana Deparhne,nt ofEducation on these matters?

Ms. Shirley is not prohibited from contacting charter school leaders for discussions with BESEand/or LDE on pending legislation. Howevern she is prohibited from discussing with individualmembers of BESE matters orpositions of the Association involving the proposed legislation andfrom interacting with the staff of the Deparhent of Education on issues involving legislation onmatters that are under the jwisdiction of BESE.

3. May Ms. Shirley be a member of and participate in a Charter Advisory Board created to workwith and provide the Superintendent of Educatioru the Inuisiana Recovery School DistrictSuperintendent and/or the Louisiana State Director of Charte, Schools information on mattersinvolving charter schools? This Advisory Board would be a volunteer goup of charter leaders

representing all 5 tlpes of charter schools that would meet every other month.

Ms. Shirley is not prohibited from being a me,rnber of a Charter Advisory Board created to work withand provide the Superintendent of Education, the Louisiana Recovery School District (RSD)Superintendent and/or the Louisiana State Director of Charter Schools information on mattersinvolving charter schools. However, she is prohibited from discussing with individual members ofBESE matters orpositions ofthe Associationinvolvingthosemattersand from interactingwiththestaffof the Deparbnent of Education on issues involvingmatters that are under the jurisdiction ofBESE.

4. As Executive Director, may Ms. Shirley organize and pa$ictpate in charter school meetings,bringng together the principals and board members of, the charter schools to hear from theSuperintendent of Education, the Iouisiana Recovery School District Superintendent and theLouisiana Stale Director of Charter Schools? Such meetings would serve as a means for the charterschools to be both better informed about policies and regulations, as well as having the opportunityto discuss other related issues.

Ms. Shirley is not prohibited from organizing and participating in charter school meetings as longas she does not discuss with individual members of BESE matters or positions of the Associationand does not interact lrith the staffof the Deparfuent of Education on matters that are under thejurisdiction of BESE.

5. If Ms. Shirley is invited by the LDE, BESE or the RSD to attend workshops, meetings,discussions, etc. that pertain to charter schoolsn may she attend and particrpate in these meetings,suoh as a meeting the RSD hosted forprincipals and board members of the charter schools and thestaff from BESE to discuss Bulletins that outline policies regulating charter schools.

Ms. Shirley is not prohibited from attending workshops, meetings, discussions, etc. that pertain tocharter schools,. However she is prohibited from participating in the discussion and her participationin those events are restricted by the Board's conclusions in BD 2A08-122 prohibiting her from 1)

appearing before BESE 2) representing the Association in matters before BESE 3) discussing with


individual members of BESE matters orpositions of the Association, and 4) from interacting withthe staff of the Departnent of Education on matters that are under the jurisdiction of BESE.

6. As one of the leading advocates for charter schools in the staten Ms. Shirley is often called by the

Superintendent of Education, the Louisiana Recovery School District Superintendent' BESE

membersn BESE staff, and LDE staff to provide information about charter schools, contact

information for national charter leadersn best practices of other stateso etc. May she respond to these

requests?

Ms. Shirley is prohibited from discussing with individual me'mbers

the Association and from interacting with the staffof the De,pffi,Ent of E$@$rymrmatters thatof

are under the jurisdiction ofBESE. It is the conclusion oftGB Aat 1$Uirliyi*qglS,i1edfrom handling these tlpe of requests for information. . ., ;

-- i-;r;'from handling these tlpe of requests for information.

. ....., . .. .,::,iil;:lli:,1,j,;]:i:::'

This advisory opinion is based solely on the facts as set forth,,her.elu:, ehanges to'tlir*..ffi"apresented may result in a different application of the provisioti*,o* €0de,of Ethics. The Board

issues no opinion as to past conduct or laws other than.the CodE'offfi-v Ethics. If you

have any questions, please contact me at Q25) 219-560-0i:or (S00) 842'66A$,

Sincerely,,'. :'

LOIISIANA BOARD OF' ETHICS

AlesiaM.Ardoin '' :

For the Board


@PIrCreated By: Elizabeth Sanders onO2t2Ol2OO8 at 02:0g pMCategory: Ethics Advisory OpinionsCaption: An advisory_opinion conceming the sister of a member of the Louisiana Board of Elementary and

Secondary Education (BESE) working fo the Louisiana Charter School Association.

February 15,2008

Chades E. ooChas" Roemer, fV6837 Rue BocageBaton Rouge, LA 70809

Re: Ethics Board Docket No. Etr

Dear Mr. Roemer:

The Louisiana Board of Ethics, at its February 14,2008 meeting, considered your requestfor an advisory opinion as to any potential Ethics Code issues involving your sister'semployment with the Louisiana Charter School Association (the "Association'), given thefact that you serve as an elected member of the Louisiana Board of Elementary andSecondary Education (BESE). You stated that your sister, Caroline Roemer, is theExecutive Director of the Association. You also stated that the Association receives nomonetary support from BESE and charter schools are not required to be members of theAssociation.

The Board concluded and instnrcted me to inform yorr" that the Code of GovernmentalEthics does not prohibit your sister's employment with the Association However, theCode prohibits Ms. Roemer from appearing before BESE and representing theAssociation in matters before BESE. Section 1113A of the Code prohibits a publicservant, a member of his immediate family, or a legal entity in which they own andinterest in excess of the 25yo, from entering into contractsn subcontracts or othertransactions that are under the supervision orjurisdiction of the public servant's agency.Therefore, yow sister is prohibited from assisting the Association in transactions beforeBESE.

The Board issues no opinion as to laws other than the Louisiana Code of GovernmentalEthics. If you have any questions, please contact me at (800) 842-6630 or Q25)763-8777.


@ il-rCreated By: Elizabeth Sanderc on 0312712008 at 04:28 pMCategory: Ethics Advisory OpinionsCaption: An advisory opinion conceming the sistsr of a member of the Louisiana Board of Etementary and

Secondary Education (BESE) working for the Louisiana Charter School Association.

March 24,2A08

Charles E. o'Chas" Roerner, [V6837 Rue BocageBaton Rouge, LA 70809

Re: Ethics Board Docket No.Itr

Dear Mr. Roemer:

The Louisiana Board of Ethics, at its March 13, 2008 meetin& considered your requestclarification of the advisory opinion that was rendered at its Febnrary 14,2008 meetingconcerning your sister's employment with the Louisiana Charter School Association(theooAssociation") while you serve as an elected member of the Louisiana Board ofElementary and Secondary Education(BEsE). You stated that your sister, CarolineRoemer, is the Executive Director of the Association. You also stated that theAssociation receives no public funding, nor does it enter into any contracts, subcontractsor official ootransactionso'with BESE or the State of Louisiana.

As stated in the previous advisory opinion, Section I I l3A of the Code prohibits a publicservant, a member of his immediate family, or a legal entity in which they own an interestin excess of the 25o , from entering into contracts, subconhacts or other transactions thatare under the supervision orjurisdiction of the public servant's agency. Therefore, yoursister is prohibited from appearing before BESE and representing the Association inmaffers before BESE, With respect to the following specific questions raisedn the Boar4without the participation of Board member Davisn concluded:

1. Were you clear in your original request that the Association does not receive publicfunding and that it does not enter into hansactions with BESE or the State? Such a directstatement was not made; however, such a fact would not aflect the advisory opinionrendered.

2. Can a member of the Association's staff, other than Caroline Roemer, appear beforeBESE? Yes. The Ethics Code would not prohibit employee's other than Ms. Roemer


from appearing

3. Can Ms. Roemer work on material that the Association might present to BESE thatmay or may not require action by BESE? Yes, as long as Ms. Roemer is not submittinginformation in her name or appearing before BESE on behalf of the Association.

4. Can Ms. Roemer discuss Association matters and positions to individual BESEmembers, regardless if there is a particular matter under consideration by BESE? TheCode would prohibit Ms. Roemer from discussing with individual members of BESEmatters or positions of the Association.

5. Can Ms. Roerner interact with staffat the Departnent of Education in regard toCharter School matters that may or may not in the firture require action by BESE? TheCode would prohibit Ms. Roemer from interacting with the staffof the Deparfinent ofEducation on matters that are under the jurisdiction of BESE

6. How might a recusal by you on certain matters before BESE impact any or part ofthese discussions? Recusal by Mr. Roemer will not aflect the opinion of the Board withrespect to the questions posed.

The Board issues no opinion as to laws other than the Louisiana Code of GovernmentalEthics. If you have any questions, please contact me at (800) 842-6630 or (225)763-8777.

Sincerely,

LOUISIANA BOARD OF ETHICS

Kathleen M. AllenFor the Board

EB:KMA


@ r-rCreated By: Elizabeth Sanders onO3t27t2O08 at O4:28 pMCategory: Ethics Advisory OpinionsCaption: An advisory opinion conceming the sister of a member of the Louisiana Board of Elementary and

Secondary Education (BESE) working for the Louisiana Charter School Association.

March 24,2008

Charles E.'oChasnn Roemer, fV6837 Rue BocageBaton Rouge, LA 70809

Re: Ethics Board Docket No.II

Dear Mr. Roemer:

The Louisiana Board of Ethics, at its March 13, 2008 meeting, considered your requestclarification of the advisory opinion that was rendered at its Febnrary 14,2008 meetingconcerning your sister's employment with the Louisiana Charter School Association(the"Association") while you serve as an elected member of the Louisiana Board ofElementary and Secondary Education (BESE). You stated that your sister, CarolineRoemer, is the Executive Director of the Association. You also stated that theAssociation receives no public funding, nor does it enter into any contracts, subcontractsor official "transactions'o with BESE or the State of Louisiana.

As stated in the previous advisory opinioq Section 1113A of the Code prohibits a publicseryant, a member of his immediate family, or a legal entity in which they own an interestin excess of the 25yo, from entering into contracts, subcontracts or other transactions thatare under the supervision or jurisdiction ofthe public seryant's agency. Therefore, yoursister is prohibited from appearing before BESE and representing the Association inmatters before BESE. With respect to the following specific questions raise4 the Boar4without the participation of Board member Davisn concluded:

1. Were you clear in your original request that the Association does not receive publicfunding and that it does not enter into transactions with BESE or the State? Such a directstatement was not made; however, such a fact would not aflect the advisory opinionrendered.

2. Can a member of the Association's staff, other than Caroline Roemer, appear beforeBESE? Yes. The Ethics Code would not prohibit employee's other than Ms. Roerner


from appearing.

3. Can Ms. Roemer work on material that the Association might present to BESE thatmay or may not require action by BESE? Yes, as long as Ms. Roemer is not submittinginformation in her name or appearing before BESE on behalf of the Association.

4. Can Ms. Roemer discuss Association matters and positions to individual BESEmembers, regardless if there is a particular matter under consideration by BESE? TheCode would prohibit Ms. Roemer from discussing with individual members of BESEmatters or positions of the Association.

5. Can Ms. Roemer interact with staffat the Departrnent of Education in regard toCharter School matters that may or may not in the future require action by BESE? TheCode would prohibit Ms. Roemer from interacting with the staffof the Departnent ofEducation on matters that are under the jurisdiction of BESE

6. How might a recusal by you on certain matters before BESE impact any or part ofthese discussions? Recusal by Mr. Roemer will not affect the opinion of the Board withrespect to the questions posed.

The Board iszues no opinion as to laws other than the Louisiana Code of GovernmentalEthics. If you have any questionsn please contact me at (800) 842-6630 or Q25)763-8777.

Sincerely,

LOUISIANA BOARD OF ETIIICS

Kathleen M. AllenFor the Board

EB:KMA


General Item

Ethics Board Docket No. BI) 2Ol0-2450411612010

RE: Consideration of a request for an advisory opinion regarding whether a candidate for theEast Baton Rouge Parish School Board may continue her employment with the Baton RougeTransition to Teaching Program if elected.

Relevant Statutory Provisionso Advisory Opinions: l11lC(l)(a), 1113,A., 1112B(3) and ll20

Comments:

FACTS:Barbara R. Freiberg is a candidate for the East Baton Rouge Parish School Board. Ms. Freibergis also employed as a program miluger with the Baton Rouge Transition to Teaching Program(BRTTT). BRTTT is a program that provides an alternative path to teacher certification in high-need subject areas for mid-career professionals and recent college graduates. The program isfunded through a grant forthe U.S. Departnent of Education's Office of Innovation andImprovement. The program is housed within the Gordon A. Cain Center at LSU. This programservices teachers in eight parishes including East Baton Rouge.

As aprogram manager, Ms. Freiberg conducts teacher observations; however, she does not makecertification decisions on teachers. Ms. Freiberg arranges mentors, coordinates professionaldevelopment for teachers and mentors, participates in information sessions, recruits candidates

and conducts interviews, collects and analyzes data on the quallty of naining and supportservices and makes progrrm modifications to improve outcomes and documents program workand finances.

LAW:Section 1l1lC(l)(a) of the Code prohibits a public employee from receiving any thing ofeconomic value for any service, the subject matter of which is devoted substantially to theresponsibililies, programs, or operations of the agency of the public servant and in which thepublic servant has participated.

Section I I 13A of the Code prohibits a public servant from entering into a ffansaction that isunder the supervision and jurisdiction of his agency.

Section 11128(3) of the Code prohibits a public servant from participating in a transactioninvolving the governmental entity in which, to his actual knowledge, any person of which he isan employee has a substantial economic interest.


Section 1120 of the Code provides that any elected official, who is required to vote on a matter inviolation of Section 1112 of the Code, must recuse himself from voting. The elected official isnot prohibited from participating in discussion and debate conceming the matter provided that he

verbally discloses the nature of the conflict or potential conflict during his participation in thediscussion or debate prior to any vote being taken.

ANALYSIS:

The BRTTT is a collaboration between LSU's "Geaux Teach" Programo Advance Baton Rouge's

laboratory for Educational Ventures in Leadership and the Louisiana Resource Center forEducators' "Teach Louisiana Consortium." Its funding is provided by a federal grant. Ms.Freiberg works out of LSU's Deparhrent of Education. It appears that this program is public and

not private. Furthero since the proglam is directed towards certiffing and preparing teachers forthe classroomo which is not a duty and responsibilit)r of the East Baton Rouge School Board and

in which Ms. Freiberg will participate as an elected member of the school board, her continuedemployment with BRTTT is not prohibited. Howevero providing evaluations and assessments ofteachers providing teaching services to the East Baton Rouge Parish School Board would beprohibited by Section 1113A of the Code. Further, Section 11128(3) of the Code would prohibitMs. Freiberg from voting on any matters that come before the school board involving BRTTT.However, as long as she discloses the conflict prior to any vote taken, she can participate in anydebate involving BRTTT. (IIM)

Recommendations: Adopt propose advisory opinion.


Date

Ms. Barbara Reich Freiberg224 Anherst Ave.Baton Rouge, Louisiana 70808

Re: Ethics Board Docket No.2010-245

Dear Ms. Freiberg:

The Louisiana Board of Ethics, at its April 16,2010advisory opinion as to whether you may continueTransition to Teaching Program (BRTTT) if you areSchool Board. You stated that you areRouge Transition to Teaching program. The"Geaux Teach" Program, Advance Baton Ro{Leadership and the Louisiana Resource Cenf6fBRTTT is a program thatprovides an alftadve,subject areas for mid-career professidi,$funded through a granr for the Ug$eparImprovement. The program ir hnq$A *iprogram services teachers in ei

Asastatedmentors,''

with the Hii-on RougeEast Baton Rouge Parish

with the Batonbetween LSU's

Venfures in"Teacfuf, ouisiana Consortium. "

certification in high-need'graduates. The program is

bn's Office of Innovation andA. Cain Center at LSU. This

the quality ofjoutcomes ae$t

Baton Rouge.

uct teacher observations; however, youon teachers. You stated that you arange

opment for teachers and mentors, participate inand conduct interviews, collect and analyze data on

rt $bivices and make progftlm modifications to improvework and finances.

Baton Rouge Parish School Board. Section 1 1 1 lc(lxa) of the

for an


Ms. Barbara Reich FreibergDateEthics Board Docket No. 2010-245Page 2

continued employment with BRTTT is not prohibited. However, the Board concluded, andinstructed me to inform you, that providing evaluations and u"t"rt^"ffif rcachersproviding teaching services to the East Baton Rouge parish would beprohibited by section 1113A of the code. section 1l lftA of ibits a publicservant form entering into a transaction that is under of hiagency.

Further, the Board concluded, and instructed me to i that Section of theCode would prohibit you from voting on any m# me before the I boardinvolving BRTTT. However, as long as you disclose iorto anyvote taken, youcan participate in any debate involving BRTTI. provides that any

1112 of the Code,elected official, who is required to vote on amust recuse himself from voting. The electe_d,m prohffi$effrom participating indiscussion and debate concerning the y discloses the natureof the conflict orpotential conflict auffni discussion or debate prior[o any vote being taken.

^l;

This advisory opinion is based on orth herein. Changes to the facts aspresented may result in a appli ns of the Code of Ethics. TheBoardi cond otherthan the Code of GovernmentalEthics. pleasE: me at (800) 842-6630 or (225)219-5600.

Sincerely,


"\$

)D/D'J45February 16,2010

Louisiana State Board of EthicsLouisiana Ethics Administration ProgramP.O. Box 4368Baton Rouge, LA 7A821

To \A/hom lt May Concern:

My name is Barbara Reich Freiberg, and it is my desire to run for a position with the EastBaton Rouge Parish School Board. Before further pursuing this effort, I would like to beassured that if I am successful in this endeavor, I would be able to accept the position andnot be in violation of any provision of the Louisiana Code of Govemmental Ethics. I amseeking an opinion conceming any possible conflict of interest with my cunent job.

I am cunently serving as program manager for the Baton Rouge Transition to Teaching(BRTTT) program. The BRTTT program is an altemative path to teacher certification in high-need subject areas for mid-career professionals and recent college graduates. Recruitingcandidates with strong content knowledge and relevant work experience, BRTTT providesparticipants with the training and support they need to attain Louisiana certification andsuccess in the classroom. The program is funded through a grant from the U.S. Departmentof Education's Offce of Innovation and lmprovement. Federal guidelines require thatparticipants in the program teach in a high-need school in a high-need district. This grantservices teachers in elght parishes, including East Baton Rouge Parish. The grant is housedwithin the Gordon A. Cain Center at LSU. BRTTT staff running this grant does not receiveany payment from these districts.

Although I do teacher observations, I do not make certification decisions on teachers; thesedecisions are made by the stafi of Certification Solutions, a division of the LouisianaResource Center for Educators, which delivers the teacher training part of this grant. Mywork is with the support area of the grant. My responsibilities are primarily in areas ofassistance to these new teachers, including ananging for mentors, coordinating professionaldevelopment for teachers and mentors, participating in information sessions, recruitingcandidates and conducting interviews, collecting and analyzing data on the quality of trainingand support services and making program modifications to improve outcomes, anddocumentation of program work and finances. In conclusion, it is my assumption that mywork with this grant in the other seven districts, which is the same as that in East BatonRouge, would not be relevant to the rendering of this opinion.

Please feel free to contact me for any additional clarification needed. I hope to receive areply trom you as soon as is possible so that my campaign efforts may begin in earnest. I

thank you for your guidance in these matters.

Sincerely,

h^.r^-z A--=l*ffi4a-e<Barbara Reich Freiberg \

224 Amherst Ave.Baton Rouge, LA 70808

225-766-1711 (home)225-936-1685 (cell)

a


Louisiana 2007 GrantAbstracts - Transition to Teaching

WD"g*, U.5, Department of Ectucation

Page I of2

'wAdvared Ssrh

Fundlng Policy R$€arch About ED

TRANSTTIOI{ TO TEACHINGPrograms

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lohna Rlon 337-217-4200 x1313

The Unlverstty ot Loulslana at Monro€

TEACH Delta Region: Teachers Eamlng AlternaweCertficauon Here in the Delta Reglon

Beverlv Flowers-Glbson 318-342-1300

Caldwell Parlsh Schools, Catahoula parlsh Schools,Concordla Parlsh Schmls, Eagt Carroll parlsh Schools,Franklln ParEh Schools, Madt$rn partsh Schools,

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Partn€r Dlstdcb/LEAa!

Partn€r DlstrlctB/LEAa: East Baton Rouge, polnte Coup€e, St. Hetena, tbervllle,and Ctty ot Baker

The Baton Rouge Transtuons to Teachlng program is collaborauon between Loutstanastate unlverstty's (tsu) "Geaux Teach. program, AovANcE BAToN RoucE.s (ABR)Laboratory for Educadonal Ventures ln Leadershtp (LEVL) and the Loutelana ResourceCenter for Educators' (|RCE) "Teach Loutstana Coniortuh.'rhe proJect wlll recrutt,develop, and reErn science and mati teachers for ffve hrgh-need'xhool drstrrcts. Tilr'tynew parudpants wlll be recrutted each year, for a totat of 150, with spatal attendon pitdto attractlng mld-career change6, espectally current paraprofeslonais wttlr collegedegt€es who are assls0ng sdence and matti teachers. Onie recrulted, candldate;wlllparutlpate In a tiree-year lntenslve cerdficadon program wtth LRCE. tn addtuon,candldates wtll also have the opportuntty to parudptte h a maste/s degree prolramdeslgned by Loulstana State unlveElty. paructpants wlll begln a program wlfh igoroussummer trdlnlng and then be placed for three years tn one ol thi ffve partner Otltrtcts.Once hlred as beglnnhg teachers, partctpants wlil be matched wt$ sdedalt!, tratnedveteran teachers and mentored throughout the first year. Addluonally, prlndipals ln theschools will be trahed to lead wtti aniwareness of ittrerenual suppdrt'for Oigtnntnyaltematlvely cerufied teacher. Thls model brhgs together the uniier3tty anO two noir-proflt organlza0ons to addrBs drre educabonal def,ciencres In school drslicts strongtylmpacted by Hurrlcanes Katrtna and Rtta, Thls grdnt wil also be the tmpetus to deva6pongolng $rork among a unlque network-Lsu, AB& and LRCF. The 9ucce9se3 and lessonsleamed rom BRTTT wtll strengthen and expand recruitment, preparauon, and retentonstrateglexi for sclence and math teachers, thereby faciltblng itvti capacii through newunderstandlngs of educauonal leadershtp practcis.

Partn€r Dlstrlct3/LEA3: The Calcasteu parish Schoot SySem

The Calcasleu Transtuon to Teadtlng inttadve 19 a partnershlp between the McNesestate unlverstty (lHE) and the calcasteu partsh School systeh, a hlgh-need LEAcomposed of58 hlgh-need schools. The overarchlng goai of the CalAsteu T2T pmject tsto recniit and traln 260 mld-career professlonals and recent college graduates to 6ecomehlghty quallfied teachers of speclal educauon, elementary educau6n.-mathematcs(mlddle and secondary) Engllsh (mlddle and secondary),'sodal studies (mtddle andseondary), and sdence (mtddle and secondary). Through what T2T has termed the .NewTeacher Academy,'the progrdm wlll provtde a systemafrc |nducton and mentorlngsupport servlce as well as a culture of student leaming and colleglal collaborauon thatuses technology and teacher "leamtng communtfi€s" to h€lp calcasleu partsh schoolSystem develop gualifled teachers. The stx major program iomponents are Inducuoncamp, cohort modules constsung of coursework presented ln face-b-face and web-bagedformats, mentorlng and collaborafron, ongolng applled prof$slonal developmenqflnanclal lncenfiveg, and evaluauon, Specmc goals related to recrultment, iupport, anaretentlon are to recrult mld-career professlonals to enter altemaflve cerdficadbnpr@rams in galcasieu Partsh, support new recrutB tirough ceruffcadon with htgh-qualttyproGsslonal development and Job-sp€dnc mentortng, eniure that prospecttve ieachers

-

recelve llcensg by meedng the compeEncles deffned by the Loulslana Departnent ofEducauon, create.poltcles and practces to facllltate the placement of teacliers In hlgh-need s€hools, and provlde proFsslonal development for at least three years. As Caacasleurecovers from.the devastadng Hurrlcane Rlta, the resillence of the edu(rion communltyha€ taken center stage. The Calcasleu Transl$on to Teachtng proJect seeks to make adlfference for children In greatest need.

http://www2.ed. gov/programs/transitionteach/2007abstracts/la.html 3t25t20to


Louisiana 2007 Grant Abstracts * Transition to Teaching PageZ of2

Morehouse parish Schools, Rlchland parlsh Schools,fensas Parlsh Schools, Union parlsh Schools, WestCarrou parlsh Schools, Monroe Clty Schoots, New VislonLeamtng Academy, Canton publlc Schools, ClarksdateCounty Schools, Coahoma County Schools, Greenvillepubltc Schools, Holmes county Schools, HumphreysCounty Schools, lackson publlc Schools, Leflore CiuntySchools, Shaw School Dtstrlct, South Delta publlcSchools, Vlcksburg/Warren County Schools, yazoo CltySch@ls, and yazoo County Schoolg,

ll_:-I!l9lP"lF.Reston project is.a partn€rshtp of the untversny of Loutstana at Monrc,JacKson state unMerstty in Mrssrssrppr and 26 Local Educauon Agencres across the twostat6. The project will expand and enhance altemauve cerufica6on programs at eachunlverslty and allow candrdats to achreve fuil state ceroncaton vra a Masters of Arts rnTeachlng In elementary, secondary, and speclal educa0on, whlch can be completed in ;s1:l_:: t1 l9$hr. seventy new piruoparits wtl be recrutied eait yea, ror a rotat of 350reacner parfldpants over ttre next f,ve years. These hdlvlduals wllt be drawn from tiepool ot recent.college grdduates and mld-career professlonals. proJect parddpants wltlseek ceruflca0on and become teachers of record in a htgh-need core suOlect area. fneoverarchlng goal and purpose of tie project l9 to tncreaie tne numoer of cer0fledteacheG ln partner school dlstrlcts and lncrease tie types of support new teachersrece-lve, whlch will lead to teacher retenflon. ttentorini, tutuon iiststancey'slpends,professtonal deveropmeng raptop computers, books, aiid web-based suppbri iniuiiiveswil oe provtdeo to retah at least g0o/o of the recrults beyond the thlrd year of teachlng,

Partner Dlstrlcts/LEAs! The Recovery Schoot Dlstfict

Thg.p.pgra.q lrtll pr€pare new teache_rs t9.f,ll crtucal personnel shonages In tie newlyestabrBhed Recovery Schoor Dtstrrct (RsD), esebltstred as part or tne-procesl io iiuirrome educa0on lnfrasfuchjre of New Orleans, followhg hurricane Katnria. The program::LTglT lll:l"ges the. Rel:o]ery sch6t Dtstrtct, the Unrverctty of New orteans, iavrerunryers|ty or Loutstana (a Cathollc Htstorlcally Black untverstty), Leamlng polntsAssodates. and the New Teacher proJect The repopuladon of iriew Orleans ls nowpr$enung an unprecedented stanng problem h terms of quallfled teachers for urbanleamers, The project wlll ofrer an €ltemauve ceruflcauon piogom uslng faculty frompardcipatng unlversrde and local educauon agency personnll and proilde an'lnductonmodel that creates professlonal leamlng communltei for teaOersto engage ln a Jot-embedded model of professtonal development and support. fne piofa,i ricrurtmlnt.f*3!9Tl1llducuon support of 60 mtd-career prcfesstonatj and recent co[egi

''graouates annuaily will result In a tobl of 240 new cer$fled teachers with experUsi toteach core subjects, allgned wlth the needs of urban youth.

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Education stafisticsEvaluatlon ,eportsNation's Report Card

Doing What Works

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Oth€f Slt€swhitehouse,gov

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The Universtty of New Orleans

Rebulldhg New Orteam: The Recovery Sctrool DlstdctTranstuon to Teachlng program

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Recursos en esparlol

http ://www2.ed. gov/programs/transitionteach/2O07abstracts/la.htmt 3/25t2010


APRrL 16,2010 CAMPATGN F'INANCE WATVER REQUESTS:

No. Name Docket No. Type Day(s)Late

Fine X'irstElection

OtherIate

lilings

NoActiYity

Recomm.

I EllenKovach

2010-219 SUPP 1 $60 NOnone

Decline towaive

2 LouisianaHorsemen'sAlliance

2010-242 MonthlyPAC

Report

6 $1,200 NA ,/ Decline towaive

J StephenChestnut

201,0-243 10-P 1 $100YES

none Decline towaive

4 JonathanStewart

2010-255 SUPP 6 $360 NO ,/ Decline towaive

5 TommieVassel

2010-256 SUPP 9 $900 NO none ,/ Suspend allbut $300

6 UnitedAssociationLocal247

20r0-257 Annual 8 $1600 NA none Decline towaive

7 WilliamGant

20t0-258 EDE.P 9 $900 NO ,/ Decline towaive

8 ElianaDeFrancesch

2010-259 SUPP

Qreports)

13 $600$600 NO

,/ ,/ Decline towaive

9. Thomas A.Lambert

2010-260 EDE-P 9 $900 YES none ,/ Suspend allbut $300

10. JacquelynClarkson 2010-261

30-P I $100 NO ,/ Decline towaive

Page 1 of 2


Abbreviation Type of ReportSupp Supplemental Report, filed after an election when

debts are still owed30-P 30 days prior to the primary election reportl0-P 10 days prior to the primary election reportEDE-P Election Day Expenditures Report for the primary

election10-G 10 days priorto the general electionreportEDE-G Election Day Expenditures Report for the general

election40-G 40 days after the general election report

Other waiver requestsl Appearances:

Page2 of 2


General Item

Ethics Board Docket No. BD 2010-219041t612010

RE: Consideration of a request that the Board waive the $60 late fee assessed against EllenKovach, a successful candidate for Judge, 24th District Cour| Division K, Jefferson Parish, inthe October 4,2008 election whose Supplemental campaign finance report was due February 17,

2010 and was filed I day late.

Relevant Statutory Provisionso Advisory Opinions: 1 8: I 486, 1 8: I 50 I . 1

Comments:

ELECTION: October 4, 2008TYPE OF REPORT: SupplementalDAYS LATE: 1

ASSESSED FEE: $60REPORT DUE: February 17,2010REPORT FILED: February 18,2010ACTIVITY REPORTED: $ 151,700OTI{ER LATE FILINGS: None

In connection with her request for a waiver of the $60 late fee assessed for the late fi1ing of herSupplemental campaign finance report, Carey B. Daste, on behalf of the candidate, states thatufien he attempted to file the candidate's report using the LEADERS software on the day it wasdue, he received an enor message that stated "Header missing/incomplete". This was an enorthat he had never encountered before and he was unable to correct the problem even after several

attempts. The report was then sent by FedEx the next day.

The Supplemental campaign finance report was due on or before February 17,2010 and wasfiled on February 18, 2010. The report shows $151,700 in receipts, $159,854.14 indisbursements, and 821,766.35 in funds on hand. The candidate is a "major" level candidate. Thisis the candidate's fourth campaign. The candidate has no other late filings. (AMA)

Recommendations: Decline to waive based on level of activity reported.


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February 18, 2010

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By Fax No. (2251 3El-7271

Ms. Kathleen AllenEthics AdministratorLou isiana Ethie Adm inistrationP. O. Box 4368Baton Rouge, Louisiana 7A821

Re: Judge Ellen Kovach Supplemental Report

Dear Ms. Allen:

As we just discussed on the telephone, I am rmiting to you ooncemlng the SupplementalReport we ftled on behalf of Judge Ellen Kovach. Yesterday, we were able to successfully submita report on behalf of Representative Badon using the LEADERS software. However, whEn I

aftempted to submit the report for Judge Kovach, I got an enor code which stated 'Headermissingllncomplete.' There was no way to bypass thls enor whidr can be done with other enors.This is an eror which I had never encountered before and I was unable to conect the problem

even afier several attempte. By then I could not contact the lT penonnel in your offie forassistance. I then sent a copy of the report by FedEx to the Ethics Administration which wasdelivered this moming at E:57 a.m.

This moming I spoke wtth Slava Sercda in your lTdepartment. After reviewing the file, hedetermined that the header was indeed included in the ftle and it appeared to be correct andcomplete. He was able to file the report electronically using the software on his computer. He isunsure of what is causing our problems and wants to speak to our lT personnel to try to figure itout. Unfortunately there is no way to do a test run on filing a report using the LEADERS softvvare.Because we had successfully filed a different report earlier in the day, we did not anticipate anyproblems with electronically filing Judge Kovach's report.

Please contacl me should you have any questions or conoems.

Very truly yours,

EERRIGAN


General ltem

Ethics Board Docket No. BD 2010-2420411612010

RE:

Consideration of a request that the Board waive the $1,200 late fee assessed against LouisianaHorsemen's Alliance, apolitical committee (PAC) whose PAC monthly report was filed 6 dayslate.

Relevant Statutory Provisions, Advisory Opinions:

18:1505.4, 42:11,57

Comments:

TYPE OF REPORT: PAC Monthly reportDAYS LATE: 6ASSESSED FEE: $1"200REPORT DUE: December 10,2009REPORT FILED: December 16,2009ACTIVITY REPORTED : $8,489.68OTHER LATE FILINGS: none

The Committee Chairman, Sean Alfortish, states that a long term employee who had been

responsible for filing the committees'reports resigned unexpectedly in late September. The newreport preparer was unfamiliar with the filing requirements and missed work with an ill child the

week that the report was due . The report was due on or before December L0,2009 and it wasfiled on Decemer 16,2009. The report shows $2,584.00 in receips, $0 in disbursements and

$5,905.68 in activity. The committee was also assessed an $800 late fee for the late filing of an

Annual report that was due on February 15,2007. That late fee has been paid. (AMA)

Recommendations:

Decline to waive


't 'Jo/o- 2v e* 'LoitiSitrra Ilorsements Benevolent & Protective Associationo Inc.,

BOARII OF I}IRECTORSOwnersEvelyn BenoitCarrol CastilleCbristine EarlyWilliam ForemanDon Hargroder

February 5, 2010

Louisiana Board of Ethics

P,O. Box4368

Baton Rouge, lA 70821

RE: PAC Monthly Report

Ladies and Gentlemen:

Horsemens Alliance respectfr.rlly requests waiver of the late fee assessed for friling to ffle our monthly

campalgn ffnance disclosure report on December 10, 2fi)9. Our organization is committed tomaintaining our good standing with the louisiana Board of Ethics and we have historically submitted our

reports before the deadline.

Our long term employee that had been historically responsible for preparing this filing resigned

unexpectedly in late September. The person whose current duties include preparing this report

received little training from his predecessor. In addition, our employee that assists in preparing the

report mlssed work that week with an ill child. Therefore, we feel that missing the deadline was

unavoidable and not within our controt. Actlvity for November 2(F9, the period covered by this fillngwas limited and consisted of zero contributions and two donatircns collected equaling ($2,584) twothousand five hundred and eightyfourdollarc. Thankyou foryourconsideration regardingthis matter.

Sincerely,

Horcemens Alliance

PresldentSeenAlfordrh

Execufve DirectorMona Romero

BOARD OF DIRECTORSIlalnen

Keith BourgeoisSam Breaux

Sam David, Jr.Larry Robideaux

Oerald Romero

1'-5€.C:':nrt'!tpI

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Sean Alfiortish

Committee Chainnan


STATE OF LOUISIANADEPARTMENT OF S'TIITE CIVIT SERVICE

LOUISIANA BOARD OF ETHICSP. O. BOX 4i168

BATON FOUGE.L,.7A821(225) 21$5600

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www.ethics.siat6.la.usJanuary I 1,2010

Christine Early, ChairpersonHorsemens Alliance2800 Grand Route St. JohnNew Orleans, Louisian a 74fi9

RE: PAC Monthly Report

Dear Ms. Early:

The Louisiana Board of Ethics, in its capacity as the Supervisory Committee on.Campaign Finance

Disclosure, has received your'PAC Monthly campaign finance disclosure report, which was due byDecember 1A,2009. Thi report was filed on December 16,2009 and was 6 days late. La. R.S.

1 8: I 505.4A(2)(a)(v) ofthe iampaign Finance Disclosure Act provides that an automatic late fee of$200 per day be assessed against you for this late filing.

Accordingly, a late fee of $1,200 is assessed against you for failure to timely file your gamp-aign

finance diiclosure report. Please submit a check ormoney order payable to the Treasurer ofthe State

of Louisiana to P.O. Box 4368, Baton Rouge, LA70821 by February I l, 2010.

La. R.S. 42.1157 provides that the late filer may apply to the Board for a waiver of these late fees

within thirty dayi after the mailing of this letterrbut only for "good cause shown." "Good cause"

is defined in the Jtatute to be "any actions or circumstances whicho in the considered judgment of the

board, were not within the control ofthe late filer and which were the direct cause ofthe late filing."The Board may also consider, where applicableo the reason for the failure to file timely, the nature

of the office sought, and the significanie of the infomtation undisclosed. Should you desire the

Board to consider waiving the late fees, subrnit a written statement to the Board speciffing your

reasons for the late filing in lieu of your payment, by February 11,,2A10. You should provide.

speciiic dates and clocumJntation to suppcrn a waiver request. If you would like to appeaf before the

Board in conrrcciion with such arequeit. please so in<licate in vvriting. lfthe Boarcl does not receive

your waiven request by Febnuay !1,2010, you will be prohibited from requesting a waiver.

Late fees not paid by the due date will be posted on the Board's website. If you timely submit a

Waiver."q,r.si, youinume will not be postid on the website pending the Board's consideration ofyour request.

Sincerely,

LOUTSTANA BOARD OF ETHICS

D*l-r^rr^"_ t rbnnazxDelcsiua Womack

AN EOUAL OPPORTUNIW EMPLOYEF


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General Item

Ethics Board Docket No. BD 2010-243a4n6D0t0

RE:

Consideration of a request that the Board waive the $100 late fee assessed against StephenChesnut, an unsuccessful candidate for Judge, Civil Disnict Court, Division J, Orleans Parish inthe February 6,2010 election whose 10-P report was due January 27 , 2010 and was filed 1 daylate.


Comments:

ELECTION: February 6, 2010TYPE OF REPORT: 10-PDAYS LATE: 1

ASSESSED FEE: $100REPORT DUE: January 27,2010REPORT FILED: January 28,2010ACTIVITY REPORTED : $2,020.49OTI{ER LATE FILINGS: none

In connection with his request for a waiver of the $100 late fee assessed for the late filing of his10-P report, the candidate states that he had tansmission problems when attempting to fax hisreport on January 27,2010. The person who is responsible for preparing the reports was in thehospital for an emergency surgery at the time the report was due.

The 1 0-P report was due on or before January 27 , 20lA and was filed on January 28, 201 0. Thel0-P report shows $1,800 in receipts and$220.49 in disbursements. The candidate is a "major"level candidate. This is the candidate's first campaign. (AMA)

Recommendations:

Decline to waive based on level of activitv.


se.J i -..] lJ

Ms. Delesiua WomackLa Bd. ofEthicsP.O. Box 4368Baton Rouge LAT}tZl

S]EPHENN. CIMSNUT1413 Charhes Street

New Orleans, Louisiana Z0116Telephone: (504) 945-9000

Feb. 10,2010

Joto-aV3

Re: WaiverRequest for 10-pFinancial Disclosrne Report

Dear Ms. Womack,

This letter is in response to your letter dated Feb. 4, 2010 noti$ing me of a $100 late filing fee.I hereby request a lvaiver of this fee from the Boari for'good b*" shonar,i, as detailed below.

I did ty to file a 10-P financial disclosure report prior to nidnight on Jan- 27,20rc. Ihadfransmission problems, and I sent the fax ttrbugntnree times. It was finally received by yornoffice a few minutes after midnight. In an abun-dance of caution" I mailed the report as well.

An extreme difficulty beyond my contol was the fact thatmy Finance Chairmao, Mr. JohnBrownen was rushed to Torno Infirmary for emergency r*g"ty prior to the fiting deadline. Hewas expected to be discharged in time to complete uod fiI" -y reporL However, he develo@an infection while in the hospital and had to remain there. He was too ill and

'nable to get the

documents to me. Ifyou require firrther documentatio& feel free to contact Touro Infirmary at1401 Foucher Street in New orleans, Louisiana 70115. The telephone nrrmber for patientinquiries is (5M) 892-8350.

I was unable to obtain the documents needed to complete the report qntil the due date. Once Iobtained them, I immediately prepared the report -a tri"c to fat it to your office prior toqdnight. My fa"r send log indicates that yorn office received &e transmission only a fewminutes past midnight on Jan. 2g,2010.

\"j"1-o,f'n" foregollg circumstances, I respectfully request that the Board grant me a waiverof the $100 late fee. If you need any ruther inrormation"please let mekn;;:-

Very tuly yorus,

/fun edStephenN. Chesnut


General ltem


RE:

Consideration of a request that the Board waive the $360 late fee assessed against Jonathan

Stewart, a successful candidate for District Attomey, 2nd District, Bienville Parish in the October4,2A08 election whose Supplemental report was due February 17 ,2010 and was filed 6 days [ate.


Comments:

ELECTION: October 4, 2408TYPE OF REPORT: SupplementalDAYS LATE: 6ASSESSED FEE: $360REPORT DUE: February 17,2010REPORT FILED: February 23,2010ACTIVITY REPORTED: $5,547.5 IOTHER LATE FILINGS: I

In connection with his request for a waiver of the $360 late fee assessed for the late filing of hisSupplemental report, the candidate su-tes that his campaign fueasurer was out sick at the time hisreport was due and thought that she had mailed his report prior to her becoming i11.

The Supplemental report was due on or before February 17,2010 and was filed on February 23,2010. The Supplemental report shows $2,602.67 in receipts, 81,377.91in disbursements, and

$1,566.93 funds on hand. The candidate is a "distict" level candidate. This is the candidate's

second campaign. The candidate has one other late filing in connection with the October 4,2008election and the late fee has been paid. (AMA)

Recommendations:

Decline to waive based on prior late filing.


/q,

ilonathan M. Stewart2380 Maple Street - p. O. Drawer 1?9

Arcarlia, Louisiana 71001

&ot)-eso

Candidate for District AttorneySecond Judicial Distrlct

Campaign Finance24t5 Quail Drive, Third FLoorBaton Rouge, Louisiana T0g0g

Dear Sir/Madam:

EncLosed please findme a calL if you need any

Enclosure

February 23, 201"0

the above referenced report. please giveadditionaL lnformation in this matter.

gry truly yours,

tewart

TELEPHONE (318)FAX NO. (318)

263-203t263-961.7

Re: Candidate's Report District Attorney2nd Judicial District

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General Item

Ethics Board Docket No. BI) 2010-25604n6t2010

RE: Consideration of a request that the Board waive the $900 late fee assessed against TommieVassel, an unsuccessful candidate for Councilmember at Large, Orleans Parish in the October 20,2007 elecxron whose Supplemental report was due February 17,201A and was filed 9 days late.

Relevant Statutory Provisions, Advisory Opinions: 18:1486, 18:1501.1

Comments:

ELECTION: October 20, 2007TYPE OF REPORT: SupplementalDAYS LATE: 9ASSESSED FEE: $900REPORT DtlE: February 17,2010REPORT FILED: February 26,2010ACTTVITY REPORTED: $O

OTIIER LATE FILINGS: none

ln connection with his request for a waiver of the $900 late fee assessed for the late filing of hisSupplemental report, the candidate states that he when he filed his 2008 Annual report he

marked it a final report because all of his debts were paid. He was recently notified that because

he had a balance on his Annual report over $2,500, he was required to file a Supplemental report,even if he had no activity n2009.

The Supplemental report was due on or before February 17,2010 and was filed on Febrvny 26,2010. The Supplemental report shows 85,776.78 in funds on hand. The candidate is a "major"level candidate. This is the candidate's fourth campaign. The candidate has no other late filings.(AMA)

Recommendations: Suspend all but $300 based on future compliance based on the level ofactivity pursuant to the waiver guidelines.


Jo/t'n5bTommle yassel, 0pA

I139 Marias SteetNew Orleans,LAT0ll6

March 1,2010

Louisiana Board of Ethics617 N. Third StreetLaSalle Building, Suite 1036BatonRouge, LA70g02

-r]

DearMembers:

I am writing to request a waiver on the late fees for my 2009 Annual campaign Report that wasdue February 17,2010. The previous year I filed a2a}SAnnual crmpaign Report and marked ita final report because all of my debts were paid. I have recently been notified that because thebalance on my 2008 report was over $2500, I am required to file even with no 2009 activity.I am asking the Board of Ethics to waive the late fees for reason of misinformation on thismatter.


General Item

Ethics Board Docket No. BD 2010-2570411612010

RE:

Consideration of a request that the Board waive the $1,600 late fee assessed against UnitedAssociation Local 247, apolitical action committee (PAC) vrhose Annual report was filed 8

days late.

Relevant Statutory Provisionso Advisory Opinions:

18:1486, 18:1501.1

Comments:

TYPE OF REPORT: AnnualDAYS LATE: 8

ASSESSED FEE: $1,600REPORT DUE: February 17,2020REPORT FILED: February 25,2010ACTfVITY REPORTED: $6,571.01OTIIER LATE FILINGS: no other late filings

Kenneth Gorum, Business Manager for UA Local 247 statesthat Johnny GypitU who served as

Business Manager for UA Local 247 for over 25 years, died last summer after being diagnosedwith cancer. Mr. Gorum was elected to the post of Business Manager following Mr. Gypin's

deatlu and he was unfamiliar with the committee's filing requirements. The Local 247 PACformed last year and although it had collected $3,L52.27 in funds, it had not yet made a campaign

contribution. It was his understanding that no other reports were due until the committee made a

political contribution. As soon as he leamed that a report was dueo he filed it immediately. The

report was due on or before February 17 , 2010 and it was filed on February 25 , 2A10. The reportshows $3,285.51 in receipts, $133.23 in disbursements and $3,152.27 nfunds on hand. (AMA)

Recommendations:

Decline to waive based on the level of activity reported.


IINITED ASSOCIATIONof lourneymen and Apprentices of thePlumbing and Pipe Fitting Industry ofthe United Sates and Canada

3o t0'd5'1

71301

WilliamP. HiteGnsral Prasidant

PatrickR. PemoGn*al Scotary'lfreotu,r a

Stcphen F.KellyAssi.stont Gncrol Presfulaw

Founded 1889UALocalUnion:

Irtten shouldbe confined toone subject subrect:

2471211 Rapides Avenue Alexandria, Louisiana

March 3,2014

CAMPAIGN FINANICEPO BOX 4368BATON ROUGE, LA 70821

.'.i

Dear Sir:

We have just been notified of an assessment levied against Local 247 PAC in the amountof $1600.00 for, I think, filing alate annud report. I am writing to respectfully appeal

this assessment.

The Local 247 PAC began only last year. Although it has collected some fimds($3152.27), it has not yet made a single campaign contribution. I mistakenly believedthat no other reports were due until the PAC made a political contibution.

The person who originatly got the information and started organizing the Local 247 PAC,was Johnny GWin, who served as Business Manager of Local 247 for over 25 years.

Last summer, Johnny was diagnosed with cancer, went to MD Anderson for treatnent,but suddenly died. I was then elected to the post of Business Manager, and I have done

my best even though I was not familiar with the day-to-day operatiofft of Local 247 orthe Local 247 PAC. I am still dealing with the shock of Johnny's deatho and, of coluse,

did not have the opportunity urder the circumstances to tain with the former Business

Manager. It has been someurhat overwhelming to take care of everything that isnecessary.

As soon as we teanred that a report was due, we filed it.immediatelYo and I can assure

yoU that our reports will be on time from now on. I am asking that you reduce the fine toa reasonable amormt, if not eliminate it; ttre fine that has been told to us is more than halfof what has been collected into the PAC and more than what has been contibuted tocandidates which is $0.00.

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WilliamP. HiteGenardl Ptesidant

PatrickR PemoGaanal SecratarT'Tlta,&tf rr

Stephen F. KellyAssistun't Gt rerat ?resid'ott

Founded 1889UA Local Union:

Irncn shouldbe confined toone subjcct subJect:

KG:ev

Thanking you in advance for yotn consideration in this matter I am,

Respectfully,

kfu"A*Kenneth Gorum,Business ManagerUALocal24T

o.*@r


General Item

Ethics Board Docket No. BD 2010-25804n6t20t0

RE: Consideration of a request ttrat the Board waive the $900 late fee assessed against WilliamGant, an unsuccessful candidate for Councihnember at Large, Orleans Parish in the February 6,

2010 election whose Election Day Expenditure campaign finance report (EDE-P) was dueFebruary 16,2010 and was filed 9 days late.

Relevant Statutory Provisions, Advisory Opinions: 1 8: I 486, I 8 : 1 501. I

Comments:

ELECTION: February 6, 20lATYPE OF REPORT: EDE-PDAYS LATE: 9ASSESSED FEE: $900REPORT DUE: February 1.6,2010REPORT FILED: February 25,2010ACTTVITY REPORTED: $O

OTIIER LATE FILINGS: $800 for the February 7,1998 election

In connection with his request for a waiver of the $900 late fee assessed for the late filing of hisElection Day Expenditure report, the candidate states that he accepts that he made a mistake byoverlooking the date that his report was due, however, he does not see the fairness of assessing

$100 per day for his oversight. The late fee was reduced from $2,500 to $1,000 based on thelevel of activity prnsuant to Rule 1,204D.

The Election Day Expenditure (EDE-P) report was due on or before February 16,2010 and wasfiled on February 25,2010. The Election Day Expenditure report shows $0 activity. Thecandidate is a "major" level candidate. The candidate was assessed an $800 late fee for filing his10-G report late in connection with the February 7,1998 election. That late fee was paid onFebruary 18,2010. (AMA)

Recommendations: Decline to waive based onprior late filing.


ar

@naarneesBlSoto-eis1231 N.Villere St

New Orleans, La 7011650+481-5 194 wcgantA3@gma ll.com

Louisiana Board Of Ethics

lAccept that I made a mistake by overlooking the candidates Etection Day ExpendituresReport' Regardless I do not see the fairness of assessing my campaign St0o.00 per day for theoversight.

Please consider that I did submit three reports on time.

Thanks,

fl

H#k^t/uF1c:)

;;:li

tJl


General Item

Ethics Board Docket No. BI) 2010-25904n612010

RE: Consideration of a request that the Board waive the $600 and $600 late fees assessed

against Eliana DeFrancesch, a successfirl candidate for Clerk of Court, Orleans Parish in theOctober 23,1999 and October 4,2008 elections whose Supplemental eampaign finance reportswere due February 17,2010 and were filed 13 days late.

Relevant Statutory Provisions, Advisory Opinions: 18:1486, 18:1501.1

Comments:

ELECTIONS: October 23,1999 and October 4,2008TYPE OF REPORT: SupplementalDAYS LATE: 13

ASSESSED FEES: $600 and $600REPORTS DUE: February 17,201"0REPORTS FILED: March 2,20t0ACTIVITY REPORTED: $0 for the October 23,1,999 election; $0 for the October 4,2008electionOTI{ERLATEFILINGS: $600for2005 SUPPforOctober 4,20A3 election--whichhasbeenpaid

In connection with a request from the candidate's husband for a waiver of the $600 and $600 latefees assessed against Eliana DeFrancesch for the late filing of her Supplemental reports, thecandidate's husband states that an attempt to file the reports electronically was unsuccessful, and

therefore the reports were mailed instead. The paper copy of the report was postmarked February10, 2010. Under new law now in effect a Disfict or Major level candidate ttrat has more than

$25,000 in activity in connection with an election must file reports electronically. The report isnot considered filed until it is fi1ed electronically.

The Supplemental reports were due on or before February 17,2010 and were filed on March2,201,0. The Supplemental reports show $1,052.74 activity for the October 23,1999 election and

$0 activity for the October 4,2008 election. The candidate is a "district" level candidate. Thecandidate was assessed a $600 late fee for filing her 2005 Supplemental report 50 days late inconnection with the October 4,2003 election and the late fee has been paid. (AMA)

Recommendations: Decline to waive since the candidate has aprevious late filing.


f

Fred R. DeFrancesch JoftASq

P.O. Box1565LaPl,ace,LA 7ffi6D(98s) 53@700 (985) 53697Gt Fax

Attomey At Law2810 W. Atuline HighwayLaPlace,Ll\ 70068E-mai} fdefrancegchl@concastnet

Februqry 5,2OtO

Louisiono Boqrd of EthicsP. O. Box 4368Bqton Rouge, LA TOgZl

RE: Cqndidqte's Report

Gqfilement

Tn ref erence ro the oboy.e, enclosed pleasefind Cqndidqte's Report. We cwnot getthis fhrough electronicolly. we sestiil trying. weore noiling this out of anqbundqnce of cqution.

It is olso my understonding thot my old compoign occounts which hwebeendormqntfor yenrs do not need qn qffidqvit of dormoncy-.

wrh ds, f remqin

./'Attsreey At Lqw

FRD:odbEncloses

Fred R. DeFrqncegc


General Item

Ethics Board Docket No. BD 2010-260o4l16l20ro

RE:

Consideration of a request that the Board waive the $900 late fee assessed against Thomas A.Lambert, an unsuccessful candidate for Mayor, Orleans Parish in the February 6,20t0 electionwhose Election Day Expenditure campaign finance report (EDE-P) was due February 16,2010and was filed 9 days late.

Relevant Statutory Provisions, Advisory Opinions :

18:1486, 18:1501.1

Comments:

ELECTION: February 6, 20lATYPE OF REPORT: EDE-PDAYS LATE: 9ASSESSED FEE: $900REPORT DUE: February 16,2010REPORT FILED: February 25,2010ACTIVITY REPORTED: $O

OTI{ER LATE FILINGS: none

In connection with his request for a waiver of the $900 late fee assessed for the late filing of hisElection Day Expenditure report, the candidate states that he accepts that he made an honestmistake by assuming that since he did not have any Election Day expenses, the final report wouldsurface as the Election Day report included only zeros.

The Election Day Expenditure (EDE-P) report was due on or before February 16,2010 and was

filed on February 25,2010. The Election Day Expenditure report shows $0 activity. The

candidate is a "major" level candidate. The candidate has no other late filings. (AMA)

Recommendations:

Suspend all but $300 based on the level of activity pursuant to the waiver guidelines.


a"l.i.

" Ao/)-eb)Strte Ehl€ Boe'd

Our cempalgn fulted to ftte th6 mnedEletion Day reporl We dld not have any Elec{on hyqxp€n6E€ end aesumed, incoflEcily frrat the.l1at rebot r,rould surfuoe as fii Ediusn Gyffiortinclu!$ onry^z€lp$. we reapectfirltv r.quot f* id;dtG qur fineg * our *rp.lgn oniy -'---

conehted of 9400 enct lt wei on noiret mi#ke.

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General Item

Ethics Board Docket No. BD 20rc-26104n6t24rc

RE: Consideration of a request that ttre Board waive the $ 1 00 late fee assessed againstJacquelyn Clarkson, a successful candidate for Orleans Parish Councilmember at Large in theFebruary 6,2010 election whose thirtieth day prior to the primary election campaign financereport (30-P) was due January 7,2010 and was filed I day late.

Relevant Statutory Provisions, Advisory Opinions: 1 8 : 1486, I 8: I 50 1. I

Cominents:

ELECTION: February 6, 2010TYPE OF REPORT: 30-PDAYS LATE: 1

ASSESSED FEE: $100REPORT DUE: January 7,2010REPORT FILED: January 8,2010ACTIVITY REPORTED: $59,865.00OTI{ER LATE FILINGS: 5

In connection with her request for a waiver of the $100 late fee assessed for the late filing of herthirtieth day prior to the primary election campaign finance report (30-P), Melissa Duhon, onbehalf of the candidate, states that the candidate was unaware of the new electonic filingrequirements and immediately filed electonically once she was notified by Campaign Financedivision. Under new law now in effect a Distict or Major level candidate that has more than$25,000 in activity in connection with an election must file reports elecfonically. The report isnot considered filed until it is filed electonically.

The thirtieth day prior to the primary election campaign finance report (30-P) report was due onor before January 7,2010 and was filed on January 8, 2010. The report shows $59,865.00 inreceipts, $31,81107 in disbursements, and $101,455.83 in funds on hand. The candidate is a

"major" level candidate. This is the candidate's fouth campaign. The candidate was assessed

$300, $660 and $60 late fees in connection with the February 2,2002 election.Those late fees

have beenpaid. (AMA)

Recommendations: Decline to waive based on the level of activity reported and the prior latefilings.


GEMI-D J. DUHON, CPA

MEUSSAY. DUHON, CPA

DUHON AND COMPANE tLCCertified Publtc Accountants & Business Adtisors

Timbers Offfce Buitding3520 Gen. DeGaulle Drive

Suite 1060New Orleans, Louisiana 70114

(504) 368-0155FA\)( (504) 368_0156

Re: Jacquelyn ClarlsonFebruary 6, 2010 Election

ao /D.abl

MEMBER

AMERICAN INSTITUTE OFCEFTNFIED PUBUC ACCOUNIANTSI

SOCIETY OF LOUISIANACEHNFIED PUBUC ACCOUNI;ANI{!

DIRECT ALL CORRESPONDENCE TO:P.O. BOX 6439

NEW ORLEANS, LA7O174

March 3,2A10

Via Federal Express - Airbilt 8703 0626 3494Delesiua WomackLouisiana Board of EthicsP.o. Box 4368Baton Rouge, LA70B2|

g

FtaI

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Dear Ms. Womack:

We are in receip of your letter dated February 4,2010 assessing alatefiling penalty forreport 30-P campaign finance disclosure. This report was not filed late.

Ms' Clarkson acted ingood faith and nfa ler report with your ofiEce via federal expresson January 7,2010. She was unawaxe that the new electronic filing requirements appliedP trt report. According to Ms. Clarkson,s records, she did not receive notification ofthe change in filing requirements.

I4"-" notified by the Ethics office of the change in policy on January g, 2010, Ms.Clarkson took immediate action to ensure the rlporrwas re-filed in eiecnonic fonnat byclose of.business on January g, 2010.

we respectfulty t:119$ the late filing penalty be removed due to the fbcts outlined above.lr you have any additional questions, please do not hesitate to contact my office.

Very truly yours,DUHON & COMPANY, CPAS

/Y(/h/tw Zlfrujw-*(/'

Melissa Y. Duhon

Jacquelyn Clarkson


April 15-16,2010 - LOBBYIST LATE FEE WAMR REQUEST

No Name DocketNo.

Branch Report DaysLate

Fine NoActivity

Otherlate

filings

Recomm.

I YolandaBarton

20t0-208

Leg. ER.r2t09

I $50 { Decline towaive.

2. ChuckBrown

2010-231

Leg. ER-L210g

I $s0 / Decline towaive.

ChuckBrown

2010-231

Exec. ER-r2109

I $50 ./ Decline towaive.

aJ. Perry

Franklin2010-232

Leg. ER-12t09

I ss0 ,/ Decline towaive.

PerryFranklin

20r0-232

Exec. ER.12/09

1 $s0 { Decline towaive.

* Late fee reduced pursuant to Rule nA4D based on level of activity.

AbbreviationLegis.Exec.ER-12/09

KeyLegislative LobbyistExecutive LobbyistLobbying Report due January 25,2010 {report period covering 1210112009'

r2t3v2009j

Other waiver requestl Appearances


General ltem


RE:

Consideration of a request that the Board waive the $50 late fee assessed against Yolanda Barton,for failure to timely file a Legislative ER-12/09 lobbying report.


24:58 & 49:76

Comments:

BRANCH: LegislativeREPORT: ER-12/09REPORT DUE: January 25,2010REPORT FILED: January 26,2010DAYS LATE: IFEE ASSESSED: S50

ACTIVITY REPORTED: Legislative : $0OTHER LATE FILINGS: None

Yolanda Barton filed her Legislative ER-12/09 lobbying report that was due by Januaxy 25,2010,one day late on January 26,2010. She was assessed a $50late fee.

Ms. Barton states that she thought she had filed the report along with her renewal for 2010. She

was unaware of her failrne to file until she received the notice of delinquency on Janvary 26,2010. MDD)

Recommendations:

Decline to waive.


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Abbott Isborat{,#tncRegional Directl&State C'oommentAffabs

1.4944 Avery Ran&Blod.Suitc C20G277Austtn" Teffis 78777

Ofice: U7-502-6060CeA: 572-75G5332Fax: 572-98G5764

l\r€6 :.,-nrflf1

Ngl r!:

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February l9,20l0

Louisiana Board of EthicsP.O. Box 4368BatonRouge, LA 70821

Dear LouisianaBoard of Ethics,

I am writing to request a waiver for the late filing fee of my December 2009lobby expenditure report which was due on January 216,butwas notelectonically filed until January 26eo one day late (as noted in the attachedcopy ofthe letter I received from your office).

I have not been late on any of my previous reports. I thought I had filed myreport when I filed my 2010 Lobby registuation. I was very surprised when Ireceived notice (email and phone call from your office) onthe moming ofJanuary 26ththd,I had yet to file my report. I was traveling that day and wasunable to resolve the issue until I anived at my hotel and had access to mycomputer later that aftemoon. I am very sorry for my mistake. As you willfind, most of my reports are usually filed early each month because other statesI represent have filing deadlines before the l2*.

I appreciate your consideration ofmy request.

Thank yorl

@ AbbottW A Promise for Life


STATE OF LOUISIANADEPAtrTMENT OF STATE CIVIL SERVICE

LOUISIANA BOARD OF ETHICSP. O. BOX,|it68

BATON BOUGE, LA 70821(225) 219-5600

FltX: (251381-72711-800-842€630

February 1,2010

Ms. Yvonne Barton14900 Avery Ranch Blvd., Suite C200-21IAustin, TX787l7

RE: Legislative Filing PenattyDecember \2A09 - December3lr 2fi)9 Lobbyist Expenditure Report

DearMs. Barton:

The Louisiana Board ofEthics has received yorn Legislative lobbying expenditure repor! which wasdue January 25,2A1A. The report was electronically filed one day late on January 26.2010. LSA-R.S. 24:58D(l) of the Lobbyist Disclosure Act mandates that an automatic late fee of $50 per daybe assessed against you for this late filing.

Accordingly, a late fee of $50 has been assessed against you. Please submit a check or money orderin the amount of $50 payable to the Treasurer of the State of Louisiana to Post Office Box 4368,Baton Rouge, LA 70821 by March 11 2010.

;.:

LSA-R.S. 42:1157.2 provides that you may apply to the Bomd for a waiver of these late fees, butonly for oogood cause shown" within thirty days after the mailing of this letter. "Good cause" isdefined in the statute to be "any actions or circumstances which, in the considered judgment of theboard, were not within the control ofthe late filer and which were the direct cause ofthe late filing."Should you desire the Board to consider waiving the late fees, submit a written statement to theBoardspeciffingyourreasonsforthelatefiling,inlieuofyourpayment,byMarchl,20l0. Ifyouwould like to app€ar before the Board in connection with such a reques! please indicate so inwriting. If the Board does not receive your waiver request by March l,20lA, you will beprohibited from requesting a waiver.

Sincerely,

UISIANA BOARD OF ETI{ICS

::,:

|.:-

.'ri ll - i:i' ' i;t

t.i .:

Lauren Abrams

AN EQUAL OPPONruNIW EMPLOYEB


General Item

Ethics Board Docket No. BD 2010-23104n6t20t0

RE:

Consideration of a request that the Board waive the $50 and $50 late fees assessed against ChuckBrown, for failure to timely file a Legislative and Executive ER-12/09 lobbying report.


24:58 &49:76

Comments:

BRANCH: Legislative and ExecutiveREPORT: ER-12/09REPORT DUE: January 25,2010REPORT FILED: January 26,2010DAYS LATE: 1

FEE ASSESSED: $50 and $50ACTTVITY REPORTED: Legislative : $0 / Executive : $0OTHER LATE FILINGS: None

Chuck Brown filed his Legislative and Executive ER-12/09lobbying reports that were due byJanuary 25,2010, one day late on January 26,2010. He was assessed $50 and $50 late fees,

totaling $100.

Dr. Brown states that his assistant was out on medical leave and she retumed to work on January26,2010 when they received the electronic notice of delinquency they filed the report. (IUDD)

Recommendations:

Decline to waive.


ao/0-e3l

February 24,2010

Louisiana Board of EthicsLauren AbramsP.O. Box 4368Baton Rouge, 1A70821

RE: Legislative & Executive Filing Penalty Fee Waiver Request

Dear Ms. Abrams,

I am requesting the Board to consider waiving the penalty fee assessed, due to the one day lateelectronic filing of my December 1, 2OO9-December 31, 2009 Lobbyist Expenditure Report. Myassistant has been electronically submitting my reports on time since July of 2009. However,she was on medical leave for three days in January, the last day of which was January 25,2010. Upon her retum to work on January 26,2010, we received the electronic notification thatmy lobbyist reports had not been submitted before the deadline, and we later determined that itwas a miscommunication between us that the filing was not completed before she took herfeave. Please be assured that this was a onetime occunence and due only to amiscommunication between me and my assistant, and that in the future the properaccommodations will be made in order to have my lobbyist reports submitted in a timelymanner, regardless of the circumstances.

Thank you in advance for your consideration of this matter.

Sincerely,

ufru,('

c*=

f-.. r....c

i,- -:

F':

Chuck G. BrownFranklin Industries, LLC


General Item

Ethics Board Docket No. BD 2010-23204lt6l20lo

RE:

Consideration of a request that the Board waive the $50 and $50 late fees assessed against PerryFranklin, for failure to timely file a Legislative and Executive ER-12/09 lobbying report.


24:58 &49:76

Comments:

BRANCH: Legislative and ExecutiveREPORT: ER-12109REPORT DUE: January 25,2070REPORT FILED: January 26,2010DAYS LATE: 1

FEE ASSESSED: $50 and $50ACTIVITY REPORTED: Legislative = $0 / Executive: $0OTHER LATE FILINGS: None

Perry Franklin filed his Legislative and Executive ER-12/0g lobbyingreports that were due byJanuary 25,2010, one day late on January 26,201"0. He was assessed $50 and $50 late fees,totaling $100.

Mr. Franklin states that his assistant was out on medical leave and she retumed to work onJanuary 26,2010 when they received the electronic notice of delinquency they filed the report.(IvIDD)

Recommendations:

Decline to waive.


2a,o f4au

-l

/;-)<\:- 1

i:.\

:

February 24,2O1O

Louisiana Board of EthicsLauren AbramsP.O. Box 4i168

Baton Rouge, 1470821

RE: Legislative & Executive Filing Penalty Fee Waiver Request

Dear Ms. Abrams,

I am requesting the Board to consider waiving the penalty fee assessed, due to the one day lateelectronic filing of my December 1, 2O09-December 31, 2009 Lobbyist Expenditure Report. Myassistant has been electronically submitting my reports on time since July of 2009. However,she was on medical leave for three days in January, the last day of which was January 25,2010. Upon her retum to work on January 26,2010, we received the electronic notification thatmy lobbyist reports had not been submitted before the deadline, and we later determined that itwas a miscommunication between us that the filing was not completed before she took herfeave. Please be assured that this was a onetime occurence and due only to amiscommunication between me and my assistant, and that in the future the properaccommodations will be made in order to have my lobbyist reports submitted in a timelymanner, regardless of the circumstances.

Thank you in advance for your consideration of this matter.

Sincerely,

PerryFranklin Industries, LLC


2010 Regular Legislative SessionBILLS NVOLVING ETIIICS

Updated 41t21201,0

Page I of6

Bill No. Author Summarv PositionlStatus

HB99 Jones Requires the nominating committee for theBoard of Ethics to provide no fewer than fiverurmes for each vacancy and to giveconsideration to the demographics of thepopulation of the state.

Assigned to House &Govemmental

Affairs

118240 Danahav Provides thatthe EAB issue the final decision, theEthics Board cannot ovenide the decision, and theemployees ofthe Board must enforce the decision.

Assigned to House &Govenrmental

Aflairs

HB258 Labruno Requires a person to file a financial disclosurestatement wittrin 10 days of becoming acandidate for an oflice and annually thereafter as

long as he is a candidate for the office.

Assigned to House &Governmental

Affairs

H8296 Hutter Allows a public servant to accept gifts valued atless than $15 for customary social occasions,provided the aggregate for a calendar year doesnot exceed $45 per person.


Affairs

HB302 Smiley Requires the boards and commissions whosemembers are required to file Tier 2.1disclosuresto give notice to the Commissioner ofAdministration who in tum must post suchinformation on a website.

Assigned to House &Govemmental

Aflairs

H8566 Abra:nsom Requires those holding a public office disclosureby certain officials of infonnation relative toemployment and appointnent of campaigncontributors.


Affairs

HB 670 Henry Pennits parishes govemed by a home rule charterwith a population in excess of 400,000 to create alocal ethics entitywith law enforcement authority

ASSIGNED TOHOUSEMUNICIPAL &PAROCHIALAFFAIRS


Summary

Provides a specific exception from the PublicRecords Law for agency head reports

Assigned to House &GovernmentalAflairs

Assigned to House &GovemmentalAffairs

HB 734 Extends the time period from 12/31/09 taI2l3lll0 to permit public employees to receivedonations from not-for-profit organizations tooffset economic losses as result of HurricanesKatrina and Rita and adds St. Tammany ParishLaw Officer Relief Fund to the list oforganizations.


Provides for the disclosure of the name of theaccused upon conclusion of a matter initiated by acomplaint upon written request by the accused.

HB 76I Requires public employees of a parish with apopulation of more than 50,000 or of amunicipality with a population of more than35,000 whom the parish or municipality hasauthorized to negotiate or determine the terms ofa contract for the parish or municipality to filepersonal financial disclosure reports under Tier2.


Creates an exception to allow a member of ahospital service distict to enter into tansactionswith his agency provided the amount of thetransaction does not exceed $1,500 a month.

Assigned to House &GovernmentalAffairs

HB 1059 Abramson Amends the election code to provide that if apublic servant uses public funds that in anymanner urges an elector to vote for or against a

candidate or proposition, the public servant willreimburse the public entity.


Updated 4112/24rcPage2 of 6


Sunmary


FIB 1143 Repeals the requirement that the Board of Ethicsadopt the decisions of the EAB. Provides that aperson may request a review of a decision of apanel of the EAB by the fuIl EAB and that theEthics Board may request a review on a questionof law; changes references to a defendant torespondent; provides for members of the EAB toserve 3 yearterms and for an altemate judgeto fillany vacancy on the EAB. Provides that the EthicsBoard must file charges within 1 year of thereceipt by the Ethics Board of a complaint or if nocomplaint was received within I year of the datethe Ethics Board voted to consider the mat0er orwithin 4 years of the alleged violation. Repeals1163 and llalc(3)(c).

FIB I178 Connick. et al. Provides for members of the EAB to serve 3 yearterms; requires the EABdecisions and actions ofpredecessors; Provides ttrat a person may requesta review of a decision of a panel of the EAB bythe tullEAB.



I{B 1179 Ligi, et al. Provides that the Ethics Board may appeal adecision of the EAB on questions of law andconfined to the record created at the hearing andthat if the Ethics Board does not prevail in theappeal, the court may award reasonable attomeyfees and court costs to the other party. Clarifiesthat an appeal of the decision of the Ethics Boardmust be made by application to the Ethics Boardwithin 30 days after the mailing of the notice ofthe decision.

tlB t202 Provides that the Ethics Board may appeal adecision of the EAB on questions of law and thatif the Ethics Board does not prevail in the appeal,the Ethics Board shall be responsible for thepayment of the reasonable attomey fees and courtcosts ofthe other party. Clarifies that an appeal ofthe decision of the Ethics Board must be made byapplication to the Ethics Board within 30 days

after the mailing of the notice of the decision.


Updated 4lt2l20l0Page 3 of6


Summarv


HB 1203 Provides that the Ethics Board must file charges

within I year ofthe receipt by the Ethics Board ofa complaint or if no complaint was receivedwithin I year ofthe date the Ethics Board voted toconsider the matter or within 4 years ofthe allegedviolation. "Receipt by the Board" means receiptby a member of the board, a member of the staffof the board, or any person employed or acting onbehalf of the board. Repeals 1163 and1141C(3Xc).

Requests the Board of Ethics to work with theOffice of Facility Planning and Control todetermine the cost of installing AV equipment inthe Board's meeting room.

Assigned to Senate &GovernmentalAflairs

Requires appointed and elected judges to file aTier 2 disclosure report and receive training onthe provisions of the Ethics Code and theCampaign Finance Disclosure Act.

Assigned to Senate &Goverrmental

Affairs

SB 126 Extends the prohibition against contacting withstate govemment to immediate farnily members ofcertain public servants, allows the spouse of thepublic servant to enter into competitively bidcontracts and extends the prohibition to suchcontracts to the spouse and immediate familymembers of undersecretaries.

Assigned to Senate &GovernmentalAffairs

Provides for the disclosure by higher educationinstitutions of gifts of $100,000 or more made byforeign govemments or persons.


SB 310 Kostelka Provides for a two-year term for members of theEAB, for the filling of vacancies on the EAB, forthe appeal of decisions of the EAB, and removesthe necessity of the Board approving the EAB'sdecisions.


Updated 4ll2l20t0Page 4 of6


Summary

SB 4I8 Kostelka Provides that the Ethics Board issue charges bysending a letter by certified mail to the personaccused of the violation. Provides that a mattershall be dismissed if the Ethics Board does notissue charges within I year of the receipt of aswom complaint by the Ethics Board or its staff.Provides that if no sworn complaint is received, amatter shall be dismissed ifthe Ethics Board doesnot issue charges within 2yeusfrom the date theEthics Board or its staff discovers the allegedviolation, within I year from the date the EthicsBoard voted to consider the matter or within 4years of the alleged violation. Provides that the 4year period is peremptive and may not beintemrpted.

Assigned to Senate &GovemmentalAffairs

SB 470 Creates an exception for a child, who is a licensedphysician, of a member of a board ofcommissioners for a hospital service district in aparish that has a population of 50,000 or less orthat is specified as rural from entering into aconftact individually or through a legal entity,with the hospital, or a subcontact under thejwisdiction of the hospital. Further provides thatthe board member must recuse himself inconnection with tansactions relating to suchcontracts.


SB 477 N. Gauteaux Assigned to Senate &GovernmentalAffairs

Requires the commission of conservation,commissioner of financial institutions,commissioner of insurance, commissioner ofpublic finance, and the commissioner of publicproperly file Tier I disclosures.


Requires each member ofthe goveming authorityor management board of a charter school createdprnsuant to Chaptu 42 of Title 17 to file aTier 2.1personal financial disclosure report

Updated 4ll2D0l0Page 5 of6


Summarv

Extends the exception allowing persons with acontact for advertising services with Dept. OfCulture, Recreation and Tourism to contract withother persons who have contracts with theDepartrnent to include the Dept. of Wildlife and

Fisheries and the Deparbnent of Agriculture.


SB 622 Walsworth


Requests the Law Institute to study changes tothe Code enacted in the 2008 exhaordinary andregular sessions and to make recommendationsregarding those changes.

Updated 4lL2l20l0Page 6 of6


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HLS IORS-16

Regular Session,2010

HOUSEBILLNO.99

BY REPRESENTATIVE ROSALIND JONES

ORIGINAL

ETHICS/BOARD: Provides with respect to the nomination and selection ofmembers oftheBoard of Ethics

ANACT

To amendandreenactR.S.42:1132@)(2)(inhoductoryparagraph) and (a)(i), relativeto the

Board of Ethics; to provide relative to the nomination and selection of members of

the Board of Ethics; and to provide for related matters.

Be it enacted by the Legislature oflouisiana:

Section l. R.S. 42:1132@)(2)(innoductory paragraph) and (a)(i) are hereby

amended and reenacted to read as follows:

g I 132. Board of Ethics

*rlrf

B. Membership; terms; vacancies; qualifications.

(2) The governor shall appoint and the House ofRepresentatives and the

Senate shall elect members to the board

in accordance with R.S. 42:2.1 as follows:

(a)(i) The presidents of Centenary College of Louisiana, Dillard University

at Nerv Orleans, Louisiana College, Loyola University at New Orleans, Our Lady of

Holy Cross College at New Orleans, Our Lady of the Lake College at Baton Rouge,

Xavier University of Louisiana at New Orleans, and Tulane University shall

constitute the nominating committee. The nominating committee shall, within sixty

Pagel of2

CODING: Words in stnekftough type are deletions from existing law; words underscoredare additions.


I

2

J

4

5

6

8

HLS IORS-I6 ORIGINALIIB NO. 99

days of a vacancy on the board, submit the names of no lesc fewer than thre€dam€c

sffuee five diflerent eligible nominees for each position or vacancy io the governor,

Senate, or House of Representativeso whichever is appropriate. In preparing the list

of nominees" the nominating committee shall give due consideration to the

demographics ofthe pooulation of the state. including without limitation geography.

gender. and race. A majority vote of the membership of the nominating committee

shall be required to nominate penions to positions on the board.

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no partof the legislative instrument. The keyword, one-liner, abstrac! and digest do not constitutepartofthelaworprooforindiciaoflegislativeintent. [R.S.1:13(B) arrd24:177@)]

Rosalind Jones HB No. 99

Abstracfi Requires that due consideration be given to the demographics of the populationof the sta0e, including without limitation geography, gender, and race, in thenomination and selection ofmemben of the Board of Ethics.

Present law (RS. 42:1132) provides procedures for selecting the 11 members of the Boardof Ethics. Provides that the govemor appoints seven members subject to Senateconfirmation. Provides that at least one such member be appointed from each congressionaldistrict. Provides fiuther that the House of Representatives and Senate each elect twomembers to the board.

Prooosed law retains p1g5ent-lgw.

Present law requires the governor, House ofRepresentatives, and Senate to select members!r/ho are "representative ofthe state's population as near as practicable". Proposed lawrepeals present law and instead expressly provides that members shall be selected inaccordance with oresent law (RS. 42:2.1), which requires an appointing authority to grvedue consideration to the demographics of the population of the state, including withoutlimitation geogaphy, gender, and race, in making appoinfinents to any board commission,council, authority, or other similar entity that has statewide jurisdiction.

Present law provides that members of the Board of Ethics are selected from nominationsmade by a nominating committee consisting of the presidents of certain private universities.Provides time limits for the submission of the names of nominees to the appropriateappointing authority. Requires the nominating committee to provide no ferrer than threenominees for each vacancy.

Proposed law increases ths number of nominees that must be submitted for each vacancy tono fewer than five. Provides that the nominating committee shall give due consideration tothe demographics of the population of the state, including without limitation geography,gender, and race. Otherwise retains present law.

(Amends R. S. 42 : 1 I 32@)(2)(intro. para-) and (a)(i))

Page2 of2

CODING: Words instnrek*roughtype are deletions from existing law; words underscoredare additions.


HLS 1ORS442


HOUSEBILLNO.24O

BY REPRESENTATIVE DANAHAY

ORIGINAL

ETHICS/BOARD: Provides relative to enforcement of laws within the iurisdiction of theBoard of Ethics

1 ANACT

2 To enact R.S.42:1141(C)(a)(f) and to repeal R.S .42:n \C)(5), relative to enforcement of

3 laws within the jurisdiction of the Board of Ethics; to provide for the powerc,

4 functions, and duties of the board relative to such enforcement; to provide for the

5 powers, functions, and duties of the Ethics Adjudicatory Board relative to such

6 enforcement; to provide relative to decisions ofthe Ethics Adjudicatory Board and

7 ta provide forrelatedmatters.

8 Be it enacted by the Legislature of Louisiana:

9 Section 1. R.S. 42:1141(CX4Xf) is hereby enacted to read as follows:

10 91141. Procedure; adjudicatoryboard

11 a t {'

12 C. Investigation and hearing.

13 {. 'r ,r

14 (4)

15 ,r ,r ,*

16 (0 The Ethics Adjudicatory Board shall issue the final decision or order.

17 whetler or not on rehearing. and the Board of Ethics shall have no authoritv to

I 8 override such decision or order. Unon the issuance of such a final decision or,order.

19 the Board ofEthics and each official and employee acting on behalfofthe Board of

20 Ethics shall comply fully with and enforce the final order or decision.

Page I of2

CODING: Words in struskthmugh type are deletions from existing law; words g!d@dare additions.


HLS 1ORS442

Section 2. R.S. 42:1141(C)(5) is hereby repealed in its entirety.

ORIGINALHB NO.240

I

)

3

4

5

6

Section 3. This Act shall become effective upon signature by the governor or, ifnot

signedbythe govemor, upon expiration ofthe time forbillsto become lawwithout sigrrature

by the governor, as provided by Article III, Section 18 of the Constitulion of Louisiana. If

vetoed by the governor and zubsequently approved by the legislature, this Act shall become

effective on the day following such approval.

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no partof the legislative instrument. The keyword one-liner, abstact, and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. 1: l3(B) and24:177@)]

Danahay HB No.240

Abstracb Repeals the requirement that the Board of Ethics adopt decisions of the EthicsAdjudicatory Board. Provides that the adjudicatory board shall issue the finaldecision, that the Board ofEthics shall have no authority to override the decision,and that the Board of Ethics and its officials and employees shall comply fully withand enforce the decision.

Present law (Code of Govemmental Ethics) provides for the Board of Elhics @OE) and theEthics Adjudicatory Board (EAB). Provides for the composition and the powers and dutiesofeach board.

Present law (R.S.42:1141) provides that the BOE receives complaints, conductsinvestigations concerning alleged violations of laws within i1s jurisdiction, and issuescharges based on such alleged violations. Provides that the EAB conducts hearings on tlecharges to delermine whetheraviolationhas in fact occunedan{ ifaviolation has occurred,determines what authorized penalties or other sanctions should be imposed. Provides thatifthe public hearing ofthe EAB fails to disclose clear and convincing evidence to supportthe charges, the EAB must make an official deterrnination of its findings, and thereupon theBOE must close its file on the charges. Provides that if the EAB determines that a violationhas occurred and prescribes authorized penalties or other sanctions, the BOE mus! within45 days of the issuance of the determinafion by the EAB, issue a decision adopting thedeterrnination of the EAB.

Proposed law repeals the requirement that the BOE adopt a decision of the EAB. Providesthat the EAB shall issue the final decision or order, whether or not on rehearing, and theBOE shall have no authority to override such decision or order. Provides that upon theissuance ofsuch a final decision or order, the BOE and each official and employee actingon behalf of the BOE shall comply fully with and enforce the final order or decisiou.Otherwise retains ppgggflgw.

Effective upon signature of govemor or lapse of time for gubematorial action.

(Adds RS. a2:lla\Q@)(f); Repeals R.S. a2:1141(C)(s))

Page2 of2

CODING: Words instnrek*roughtype are deletions from existing law; words underscoredare additions.


HLS IORS.251


HOUSE BILLNO. 258

BY REPRES ENTATTVE LABRUZZO

ORIGINAL

ETHICS/FINANCIAL DISCLOS: Requires a person to file a financial disclosure statementwithin l0 days ofbecoming a candidate for an office and annually thereafter as longas he is a candidate for the office

1 ANACT

2 To amend and reenact R.S. 18:1495.7(A), relative to financial disclosure; to require certain

3 disclosures by candidates for certain offices; to provide deadlines for fi1ing such

4 drsclosures; to provide relative to the application ofcertain provisions ofthe Code

5 of Governmental Ethics; to provide for penalties; and to provide for related matten.

6 Be it enactedbythe Legislature oflouisiana:

7 Section 1. R.S. 18:1495.7(4) is hereby amended and reenacted to read as follows:

8 $1495.7. Fnancial disclosure statements

9 A.0) Any person who becomes a candidate for an office for which the

10 holderofthe office isrequiredto file financial disclosure statements pursuantto R.S.

1 1 42:LL24, 1124.2, or 1L24.3 shatl file a financial disclosure statement as required by

12 R.5.42:1124, L124.2, or 1124.3 for the office for which he is a candidate. &jC13 undecided as to the office he will seek. he shall file the statement required by R.S.

L4 42:1124.2.

15 (2 The initial statement required by this Section shall be filed within ten

16 days ofthe day the oerson becomes a candidate @17 office. During the following year and each subsequent year in which the per$on

18 remains a candidate for the office. he shall file a financial disclosure statement

L9 according to the deadline erovided in R.S. 42: I 124. I 124.2. or 1 124.3. as applicable.

Page I of3

CODING: Words instruek#oughtype are deletions from existing law; words underscoredare additions.


HLS 1ORS.25I ORIGINALHB NO.258

$) If the person is required by R.S. 42:1124, 1124.2, or 11243 to file a

statement for the office for which he is a candidate, such filing shall satisfr the

requirements of this Section.

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no partof the legislative instrument. The keyword, one-liner, abstrac! and digest do not constitutepartofthelaworprooforindiciaoflegislativeintent. [R.S.1:13(B) and24:177(E)]

I-,aBruzzn HB No.258

Abstracfi Requires a person to file a financial disclosure statement within l0 days ofbecoming a candidate for an office and annually thereafter as long as he is acandidate for the office.

Present law (Election Code--R.S. 18:1495.7) requires anyperson who becomes a candidatefor an office for which the holder of the office is required to file financial disclosurestatements pursuant to pfesent law (Code of Govemmental Ethics-R .5. 42:1124, 1124.2, or1124.3) shall file a financial disclosure statement as required by present law for the officefor which he is a candidate. Requires the statement to be filed wittrin l0 days of the day thecandidate files his notice of candidacy for the office. Provides that if the person is requiredbypresent law (R.S. 42:1124, 1L24.2, or 1124.3) to file a statement for the office for whichhe is a candidate, such filing shall satisfu the requirements of oresent law @.S. 18:1495.7).

Present law provides that any person who fails to file or fails to timely file the financialstatement, or who fails to disclose or fails to accurately disclose infonnation requted to beincluded in the financial statement shall be subject to penalties as provided in pfesent law

@.S.42:1124.4).

Present law @.S. 18:1483) defines a "candidate" as a person who seeks nomination orelection to public office, except the office of president or vice president of the U.S.,presidential elector, delegateto apoliticalpartyconvention, U.S. senator, U.S. congiessman,or political party office. Provides that an individual shall be deemed to seek nomiuation orelection to such office if he has:

(l) Since prior participation in an election, ifany, received and accepted a contributionor made an expenditure, or has given his consant for any other person or committeeto receive a contribution or make an expenditure witl a view to influencing hisnomination or election to office whethsr or not the specific public office for whichhe will be a candidate is known at the time the contribution is received or theexpenditure is made; or

@ Taken the action necessary under pfesent_law to qualify himself for nomination orelection to public office.

Proposed law repeals provision requiring a candidate to file a financial disclosure statementwithin l0 days ofthe date the candidate files his notice ofcandidacy. Provides instead thatan initial report shall be filed within 10 days ofthe day the person becomes a candidate.Provides that during the following year and each subsequent year in which the personremains a candidate for the office, he shall file a financial disclosure statement according tothe deadline provided in present law (R.S. 42:1124, 1124.2, or LL24.3), as applicable.

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HLS 1ORS-25I ORIGINALFTB NOJ58

hovides that if the candidate is undecided as to the office he will seek. he shall file thestatement required by present law (R.5.42:1124.2).

Otherwise retains present law.

(Amends R.S. I 8 : 1495.7(4))

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HLS l0RS-295


HOUSE BILL NO. 296

BY REPRESENTATIVE HUTTER

ORIGINAL

ETHICS/CODE: Allows a public servant to accept certain gifts for customary socialoccasions

1 ANACT

2 To amend and reenact R.5.42:ll23Q6), relative to the Code of Govemmental Ethics; to

3 allow the acceptance of certain gifu bypublic servants under certain circumstances;

4 ardto provide for related matters.


6 Section 1. R.S. 42:l123(26) is hereby amended and reenacted to read as follows:

7 $1123. Exceptions

8 This Part shall not preclude:

9'r**

l0 (26)@) The acceptance by a public $ervant of anything of economic value

I1 as agift orgratuityfrom anypersonwhenthe value ofsuch gift orgratuity does not

12 exceed one hundred dollars per event, for flowers or a donation in connection with

13 the death of a member of the immediate family of a public servant.

14 (b) The acceptance by a public servant of anything of economic value as a

15 gift from any person for a customar.v social occasion when the value of the gift does

16 not exceed fiftesn dollars per occasion and the aggregate value ofall gifu from any

L7 one person pursuant to this Subparagraph does not exceed fortv-five dollars in a

18 calendar:/eax.

19 !8 ,t( ,!.

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HLS IORS-295 ORIGINALIIB NO.296

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no partof the legislative inshument. The keyword one-liner, abstrac! and digest do not constitutepartofthelaworprooforindiciaoflegislativeintent. [R.S.1:13@) and24:177(E)]

Hutter IIB No.296

Abstracl Allows public servants to accept gifts valued up to $15 for customary socialoccasions, up to an aggregate value of $45 for a1l gifts from any one person in acalendar year.

Present law (RS.42:l l l l) prohibits apublic servant (which includes apublic employee oran elected official) from receiving anything of economic value, otherthan compensation andbenefits from the governmental entity to which he is entitled, for the performance of hisduties. Presentlaw(R.S.42:1115(A))prohibitsapublicservantfromsolicitingoracceptingany thing of economic value as a gift or gratuity from any person if the public servant knowsor should know that such person has or is seeking to obtain a business relationship with thepublic servant's agency or is seeking to influence the passage or defeat oflegislation by thepublic servant's agency. Present law (R.S. 42:1 I l5(B)) prohibits a public employee fromsoliciting or accepting any thing of economic value as a gift or gratuity from any person ifthe public ernployee knows or should know that such person conducts opemtions oractivities which are regulated by the public employee's agency or has substantial economicinterests which may be substantially aflected by the perforrnance or nonperforrnance of thepublic employee's official duty. Present law @.S.42:1102(22)) defines a "thing ofeconomic value" as money or any other thing having economic value except promotionalitems having no substantial resale value. Contains certain other exceptions, including theacceptance offood, drink, or refreshments consumed by a public servant while the personalguest ofa person, including reasonable transportation and entertainment incidental thereto.

Present law (R.S. 42:1 126) contains an exception to the ethics code to allow a public servantto accept a gift or gratuity from any person when the value of such gift or gratuity does notexceed $100 per event, for flowers or a donation in connection with the death of a memberof the immediate family of a public servant.

Proposed law additionally allows a public servant to accept a gift from any person for acustomary social occasion when the value ofthe gift does not exceed $15 per occasion andthe aggregate value ofall giffs from any otre person pursuant to pfS!SS9d-!A;w does notexceed $45 in a calendar year.

(Amends R.S. 42: I 123(26))

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HLS IORS.9O8


HOUSE BILL NO. 302

BY REPRESENTATIVE SMILEY

ORIGINAL

BOARDS/COMMSSIONS: Provides relative to disclosure of information concerningcertain boards and commissions

1 ANACT

2 To amend and reenact R.S. 49:1303(A) and (B) and l3M(B) and to enact R.S.

3 49:1305(A)(3), relativeto boards, commissions, and like entities; to provide relative

4 to disclosureofcertaininformation concemingcertainboards, commissions, andlike

5 entities; to provide for the publication of such infonnation on the Intemet; to provide

6 for the powers and duties ofthe commissioner of administrtrtion relative thereto; and

7 ta provide for related matters.


9 Sectionl. R.S.49:1303(A)and(B)andl304(B)areherebyamendedandreenacted

10 and R.S. 49:1305(A)(3) is hereby enacted to read as follows:

l1 $1303. Submission of notices and minutes;losrdng

L2 A.(!) Each board commission, or like entity covered by this Chapter shall

13 submit each notice required to be included on the website pursuant to R.S.

14 49:1302(A) to the commissioner of administation in a manner which allows the

15 commissioner enough time to post the notice on the website prior to the deadline

16 applicable to the board, commission, or like entity for giving notice pursuant to R.S.

L7 42:7.

18 (2) The commissioner of administration shall ensure that each notice is

L9 oosted on the website as soon as oossible after receiot.

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HLS 1ORS.9O8 ORIGINALHB NO. 302

I B.(!) Each board, commission, or like antity covered by this Chapter shall

2 submit minutes required to be included on the website pursuant to R.S. 49:1302@)

3 to.the commissioner of administration within ten days after the minutes are adopted

4 by the board commission, or like entity.

5 (2) The commissioner of administation shall ensure that minutes are oosted

6 on the website no later than ten business days after receiving them.

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8 $1304. Submission of other inforrnationlpglbg

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10 B.(!) Except as provided in R.S. 49:1303, each board commission, or like

I 1 entity covered bythis Chapter shall submit to the commissioner of administration all

L2 information required to be included on the website pur$rurnt to R.S. 49:.1302,

13 including any change in infonnation previously submittB4 no later than thirty days

14 after the information becomes available to the board commission, or like entity.

15 (2) The commissioner of administration shall ensure that the information

16 described in Paragraph (1) of this Subsection is posted on the website no later than

l7 tenbusiness days afterreceiving it.

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19 $1305. Applicability

20 A. This Chapter shall apply to the following boaxds, commissions, and like

2L entities:

22 '1. * ,r.

23 (.3) Each board and commission whose members are required to file annual

24 financial disclosure statements pursuant to R.S. 42:1124.2.1.

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26 Section 2.(A) Prior to the effective date of this Act, the commissioner of

27 adminisftation shall take allreasonable andnecessaryactions, including contactingboards,

28 commissions, and like entities covered by this Act, to ensure that the information on the

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HLS l0RS-908 ORIGINALHBNO.302

1 website will be complete as required by this Act and Chapter 20 of Title 49 of the Louisiana

2 Revised Statutes of 1950 on the effective date of this Act.

3 (B) Prior to the effective date of this Act, each board" commission, or like entity

4 covered by this Act shall fully cooperate with the commissioner of administration in

5 implementing and complying with the requirements of this Section. Prior to the effective

6 date of this Act, each board commission, and like entity covered bythis Act shall provide

7 the information required by this Act and Chapter 20 of Title 49 of the Louisiana Revised

8 Statutes of 1950 to the commissioner of administration as soon as possible to allow for the

9 inclusion of the inforrnation on the website on the eflective date of this Act.

10 Section 3. This Act shall become effective on January l,2}ll.

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no panof the legislative instrument. The keyword one-liner, abstrac! and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. l:13(B) and24:177(E)]

Smiley HB No. 302

Abstract Requires that certain additional boards and commissions provide inforrnation forposting on a website maintained by the commissioner of administration; providesrelative to posting such information.

Present law (effective March 1, 2010) requires the commissioner of administration toestablish and maintain a website to post certain specified information concerning certainboards and commissions, including notices and minutes, statutory citations, contactinformation, membenhip infonnation, employee information, information conceming thebudget and finances of the board or commission, and rules and regulations of the board orcommission. Provides deadlines for submitting such information to the commissioner ofadministration. Further provides that all submissions of required information be madeelecftonically in a format desipated by the commissioner of adminisfiation.

Present law applies to any board commission, or like entity that is a licensing agencypuxsuant to uglsltt lartr (Licensing Agency Budget Act--R.S. 39:1332) and to the La- Boardofcosmetology (R.S. 37:571). Provides further that present_law applies to any committee,subcommittee, or panel of any such licensing agency or of the La. Board of cosmetology.

Prooosed law retains @LlgE. Requires the commissioner of adminisfiation to ensurethat each notice received from a board commission, or like entity is posted on the websiteas soon as possible after receipt and that other inforrnation must be posted on the website nolater than ten business days after receiving it. Expands the number of boards andcommissions required to submit information by including each board and commission whoseqembos are required to file annual financial disclosure statements punuant to ry!_!g;g(code of Governmental Ethics-R.s. 42:1124.2; present law requaei thar the folowing filefinancial disclosure statemenm:

(l) Each member and any designee of a member of a board or commission that has theauthority to expend disburse, or invest $10,000 or more in a fiscal year.

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HLS 10RS-908 ORIGINALHB NO. 302

Q) Each member of the State Civil Service Commission.

(3) Each member of the Board of Commissioners of the La. Stadium and ExpositionDistrict.

Effective Jan. l,20ll.

(Amends R.S.49:1303(4) and (B) and 1304@); Adds R.S. a9:1305(A)(3))

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HLS IORS-626


HOUSE BILL NO. 566

BY REPRESENTATWE ABRAMSON

ORIGINAL

ETHICS: Requires disclosure by certain officials of inforrnation relative to employment andappointrnent of campaign contributors

I eNecr

2 To enact R.S. 42:1124.7 and to repeal R.S. 42:1124.6, relative to financial disclosure; to

3 require certain disclosures by certain elected officials; to provide for the content of

4 andprocedures for filing such disclosures; to provide for definitions; to provide for

5 enforcement and penalties; and to provide for related matters.

6 Be it enactedby the Legislature of Louisiana:

7 Section l. R.5.421124J is hereby enacted to read as follows:

8 gl 124.7 Disclosure: certain elected officials

9 A. Each person holdinE a public ofifice who reDresents a voiins disrricr

10 havin8 a DoPulation of five thousand or more persons shall disclose the information

I I required blr this Section.

12 B'(1) The official shall disclose the information described in Paraeraoh (2)

13 of thir Subre"tion for eu"h perrotr to *ho- both of the follo*ing upolv:

14 (a) The person was directly hired by tle official to serve as an agencv head

15 in the agency of the official.

16 (b) The Person made contributions or loans totaling more than one thousand

17 dollan to a campaign of the official during the time period beginning one yearprior

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HLS l0RS-626 ORIGINALHB NO. 566

to the dale the person was hircd by the official and ending ninety days after the date

the person was hired by the official.

(2) The official shall disclose:

(p) The name. address. job title. and da0e of employment of tle person.

(b) The amount of contributions or loans made by the person to a campaign

of the official durinE the time oeriod described in Srrhnarsoranh fl\fh\ nf rhis

Subsection.

C.(l) The official shall disclose the information described in paragraoh (2)

of this Subsection for each oerson to whom both of the following apply:

(a) The person was appointed by the official to a board or commission.

(b) The oerson made contributions or loans totalino more than nne fhnrrsend

dollars to a campaiEn ofthe official durins the time oeriod heoinninp one vearnrinr

to the date the oerson was apoointed bv the official and endino ninerw davs after rhe

date the person was appointed by the offisial.

(2) The official shall disclose:

(d The name. address. position held. and date ofappointrnent ofthe person.

(b) The amount of contributions or loans made by the person to a campaign

of the official during the time period described in Subparagraph (l)O) of this

Subsection.

D. The information required to be disclosed bv this Section shall be

disclosed as oart of the official's annual financial disclosure statement. as required

bv this Part. that covers the date the emnlovment or annointment ncn:med

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HLS IORS-626 ORIGINALIIB NO. 566

is required to be disclosed" and if the official submits the required infornation to the

board no later than the thirtieth day after the dale that written notification was sent

by the board- the failure of the official to disclose the information as part of his

annual financial disclosure statement shall not be considered a violation of this

Section.

(2) This subsection shall not apply if the official failed to accurately disclose

in a timelv manner the information reouired bv this Section for each nosition

identified in the submission made to the board as Dart of his annual financial

disclosure statement.

F. For purposes of this Section. the following words shall have the following

meanings:

(l) "Board or commission" shall have the same meaning as orovided in R.S.

42:1124.2.1.

(2) "Public offi ce" shall have the same meaning as orovided in RS. 1 8: 1483.

G. This Section shall be subject to the same provisions for enforcement and

penalties for violatiotts as those aoolicable to orovisions for filing of the official's

financial disclosure statement.

Section 2. R.S. 42:1124.6 is hereby repealed in its entircty.

Section 3. The first filing under this Act shall be due in 201I and shall be complete

for calendar years 2008, 2009, and 2010. The failure ofa person to disclose inforrnation

pursuant to R.S. 42:1124.7 as enacted by this Act and as required by this Section shall

subject the penon to the same provisions for enforcement and penalties for violation as

provided in R.S. 42:1124.7 as enacted by this Act.

Section 4. The Board of Ethics shall promulgate forms in accordance with the

Administrative Procedure Act to allow for the disclosure of the infomration required by this

Act in the manner provided by this Act.

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DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no parrof the legislative instrument. The keywod one-liner, abstac! and digest do not constitutepartofthelaworprooforindiciaoflegislativeintent. [R.S.l:13@) and24:177(E)]

Abramson HB No. 566

Abstract Requires disclosure by officials elected from voting districts with a populationof 5,000 or more persons of certain information regarding employment orappoinhnent of campaip contributors.

Presgnt law @.S. 42:1124.6) requires a persoo employed by a statewide elected official orappointed to a state board or commission to disclose certain information if the person isrequired to file financial disclosure statements pursuant to oresent law (R.S. 42: I 124 foremployee; k.s.42:1124.2.1 for appointee) and the person made a contribution or loan inexcess of $1,000 to a campaign of the official who employed or appointed him.

Presentlaw requires the person to disclose to the Board of Ethics the date he was employedor appointed the amount of his salary or other compeusation, the name of the candidate towhom a conhibution or loan was made, and the amount of any such contribution or loan.Provides that the inforrnation shall be included on the person's annual financial discloswestatement that covers the time period in which the employment or appoinfinent occurred.Provides that the contributions or loans requied to be diiclosed include only those madewithin one year of the employment or appoinftnort.

Present law defines "contribution" as a grft, conyeyance, payment, or deposit ofmoney oranything of value, or the forgiveness of a loan or of a debt, made for the purposi ofsuqqg.ting, opposing, or othenvise influencing the nomination or election of a person topublic office, whether made before or after the election. Provides that "candidate" and"loan" shall have the same meanings as provided in present law provisions of the La.Election Code.

Proposed law repeals present law.

hoppsed lalr instead requires each person holding a public office who represent$ a votingdistrict having a population of 5,000 or more p"rsonr to disclose cerbi; information forcertain persons hired by the official or appointed by the official to a board or commission.Requires the disclosure if the person made contributions or loans totaling more than $1,000to a campaign of the official during the time period beginning one y"at prior to the date theperso-n w?s hired or appointed and ending 90 days after the date the person was hired orappointed.

Proposed law requires disclosure of the name, address, job tifle, and date of employment orappointrnent of any such person. Requires the offrcial to disclose the'amount ofcontributions or loans made during the applicable period.

Propose.d law requires this inforrnation to be disclosed as part of the official's annualpersonal financial disclosure statement required by present law (R.s.42:1124, 1124.2, andllyl.3) which covers the date the employment orappoinnneni occured.

Proposed law provides that if the official, in his submission to the Board of Ethics, identifieseach position the holder ofwhich the official reasonably believes he is required to disclosepursuant to proposed law and the board determines that information concenring a personholding a position not identified by the official is required to be disclosed pursuant toproposed law" the official shall be given 30 days to submit the required infonnation.Provides that the board shall notify the official in writing that additional information is

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requircd to be disclosed and if the official submits the required information to the board nolater than the 30th day after tlre date that written notification wa$ sent by the board" thefailure of the official to disclose the information as part of his annual financial disclosurestatement shall not be considered a violation ofthis Section. Provides that this 30-day periodshall not apply ifthe official failed to accurately disclose in a timely manner the informationrequired by oroposed law for each position identified in tle submission made to the boardas part ofhis annual financial disclosure statement.

Present law. relative to annual personal financial disclosure @.S.42:1124.2), defines theterm "board or commission" as:

(l) Each board commission, and like entity created by law or executive order that ismade a part of the executive branch of state government by the provisions of Title36 ofthe LRS of 1950, or that is placed in an executive branch departrnent or in theoffice of the governor or lieutenant govemor by law or executive order, or thatexercises any authority or performs any function ofthe executive branch ofstategovemmenL

Q Each board" commission, and like entity created by the constitution, by law, by apolitical subdivision, except as provided in present law exclusions, or createdjointlyby two or more political subdivisions as a goveming authority of a politicalsubdivision of the state or of a local government.

Present law excludes from the definition of "board or commission" the followins:

(1) The governing authority of a parish.

@ Any board or commission or like entity that governs a political subdivision createdby a single parish governing authority within a parish with a population of 200,000or less, or any subdistrict ofsuch a political subdivision.

(3) The governing authority of a municipality.

(4) Any board or commission or like entity that governs a political subdivision createdby a single municipal governing authority within a municipality with a populationof25,000 or less, or any subdistrict ofsuch a political subdivision.

(5) A board ofdirectors ofa private nonprofit corporation that is not specifically createdbylaw.

Proposed law provides that for purposes oforooosed law. the term "board or commission"shall have the same meaning as provided in present law.

hesent law @.S. 42:l124.4), relative to financial disclosure by certain officials, providesfor penalties, after receipt of a notice of delinquency, for failure to file, to provide omittedinformation, to correct inaccurate information or to file a written answer orior to thedeadline contained in the notice of delinquency, for each day until the statemint, omittedinformation, corected information, or writien answer is filed. penalties are: for thegovemor, statewide elected officials, and others who reportpur$uant to RS. 42:l124, $500perday; forlegislators, officials in districK of 5,000 inpopulation ormore, andmembers ofboards and commissions who report pursuant to R.S. 42;1124.2, $100 per day; and forofficials who represent districts under 5,000 in population who report pursuant to R.s.42:1124.3, $50 per day. Additionally, oresent law (kS. 42:1124.4) provides that whoeverwillfully or knowingly fails to file a statement, willfully and knowingly fails to timely file? statgment willfully or knowingly omits inforrnation from a statement, or willfully andknowingly provides inaccurate information shall be subject to prosecution for amisdemeanorandupon conviction finednotless than $1,000 normore than $5,000 andupona subsequent violation shall be fined not less than $ 1,000 nor more than $ 10,000. provides

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HLS 1ORS-626 ORIGINALIIB NO. 566

xhat a penon so prosecuted shall have a right to be tried before a jury of six persons, all ofwhom shall concur to render a verdict.

Prooosed law makes ppgenl@ penalties applicable to violations of orooosed law.

(Adds R.S. 42:1124.7; Repeals R.5.42:1124.6)

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HLS IORS.I393 ORIGINAL

Regular Session,20l0

HOUSE BILLNO.6T0

BY REPRESENTATIVES HENRY, BILLIOT, GISCLAI& GIROD JACKSON,LABRUZZO, LIGI, LOPINTO, AND WILLMOTT AND SENATORS APPEL,MARTINY, AND MORRELL

MUMCIPALITIES: Provides relative to local ethics entilies in certain oarishes

1 ANACT

2 To amend and reenact R.S. 33:961 l(A), 9612, and 9613(D) and (EX2) and (5), relative to

3 local ethics entities; to provide for the creation and administration oflocal ethics

4 errtities by certain parishes; to provide for the powers oflocal ethics entities; and to

5 provide for related matters.

6 Be it enactedbythe Legislature ofLouisiana:

7 Section 1. R.S. 33:961 l(A), 9612, and 9613(D) and (EX2) and (5) are hereby

8 amended and reenacted to read as follows:

9 $9611. Application andpurpose

10 A.[] This Chapter applies to the following:

1l @ mwts;eattier Municioalities that are governed by a home rule charter

L2 and that have a population in excess oftwo hundred fiffy thousand penons according

13 to the latest federal decennial census.

14 O) Parishes that are governed blr a home rule charter and that have a

I 5 oooulation in excess offour hundred thousand oersons according to the latest federal

16 decennial census.

17 (2) "Local governmental subdivision". as used in this Chaoter. means

18 municinalities and parishes to which the Chaoter is apolicable.

19 '1. 't 't

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HLS IORS-I393 ORIGINALHB NO. 670

$9612. Local ethics entities

a tnunicipa+ity local eovernmental subdivision that is authorized by its home

rule charter, by statute, or by ordinance to create local ethics entities, including but

not limited to an ethics review board or office of inspector general, or both, may

designate the local ethics entity, ethics review boar4 or office of inspector general

as a law enforcsrnent agency and may thereby confer upon the local ethics entity,

ethics review board, or office of inspector general all investigative powers and

privileges appurtenant to a law enforcement agency under state law, which shall

include accass to computer systems, information maintained for the use of law

enforcement personnel, and any information contained in the criminal history record

and identification file of the Louisiana Bureau of Criminal Identification and

lnformation.

$9613. Investigative powers

D.(l ) A local ethics entity, ethics review board, or office of inspector general

shall have the authority to examing review, audit, inspecg and investigate the

records, books, reports, documents, papers, correspondence, accounts, audits,

inspections, reviews, recommendations, plans, films, tapes, pictures, computer hard

drives, software data, hardware data, e-mails, instant messages, text messages, and

any other data and material relevant to any matter under audit, investigation,

inspection, or performance review of all entities of mrunrieipalgeycmrnent the local

eovemmental subdivision or entities receiving funds through or for the benefit of

munideatgo?ffirnsnt the losal governmsntal subdivision.

(2) For the purposes ofthis Section, these entities shall include but not be

limited to everymrunicipal local governmental subdivision offi cer, employee, elected

official, departmmt, agency, board, commission, public benefit corporation, quasi

public agenry or body, contractor, subcontractor, licensee ofthe nnrnicip,ality local

eovernmental subdivision. and every applicant for certification ofeligibility for a

municipal conhact or program.

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I (3) These entities shall also include all rnrunieipal local governmental

2 subdivision governing authorities, all districts, boards, and commissions created by

3 @ local govemmental subdivision governing authorities either indepordently

4 or in conjunction with other units ofgovernment, and all independently elected

5 parish public officials whose offices receive funds from the municipality.

6 E For the purposes of this Section, a quasi public agency or body shall be

7 defined as:

8'l'r*

9 Q) An organization, either not-for-profit or for profit, that is a component

1 0 unit ofa mnrnicipal local governmental subdivision reporting entity, as defined under

1 I ganerally accepted accounting principles.

L2 'l' 'l' tt'

13 (5) Any organizalion, either not-for-profit or for profit, operating within the

14 rmnicipality losal governmental subdivision which is subject to the open meetings

15 law and derives a portion of its income from payments received from anynrunieipal

16 local governmental subdivision agency orbody.

17'r*'!

l8 Section 2. This Act shall become effective upon signature by the governor or, if not

19 signedbythe govemor, upon expiration ofthe time forbills to become lawwithout signature

20 by the govemor, as provided by Article Itr" Section l8 of the Constitution of Louisiana. If

2l vetoed by the governor and subsequently approved by the legislature, this Act shall become

22 effective on the day following such approval.

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no partofthe legislative instrument. The keyword, one-liner, abstact, and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. l: l3(B) arrd24:177(E)]

Henry IIB No. 670

Abstracfi Authorizes a parish with a home rule charter and a population over 400,000 tocreate local ethics entities.

Present law authorizes any municipality with a home rule charter and a population over250,000 to designate its local ethics entity as a law enforcement agorcy and to confer upon

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HLS 1ORS-I393 ORIGINALHB NO.670

said entity all investigative powers and privileges which law enforcement agencies haveunder Bresent law, including access to computer systems, information maintained for the useof law enforcement personnel, and access to any information contained in the criminalhistory record and identification file of the Louisiana Bureau of Criminal Identification andInformation.

Propose law retains pxg$gll@ and extends its application to parishes with a home rulecharter and a population over 400,000.

Present law conveys certain investigative powers upon local ethics entities created underoresent law. Proposed law retains oresent law and extends such powers to parishesqualifying under proposed law. Such powers include but are not limited to: the power toadminister oaths, the power to subpoena persons and documents, and the power to makeinvestigations and examinationso and the power to review, examine, or audit certaindocuments of certain entities described under pIgsggilelg.

Present law further provides restrictions and qualifications on such investigative powersbestowed under nresent law. Prooosed law retains sush resfrictions and qualifications, butmakes them applicable to qualifying parishes which create local ethics entities underoroposed law.

Effective upon signature of governor or lapse of time for gubematorial action.

(Amends R.S. 33:9611(A),9612, and 9613@) and (E)(2) and (5))

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o


HLS lORS-1485


HOUSE BILLNO. T3I

BY REPRESENTATIVE PUGH

ORIGINAL

PLIBLIC RECORDS: Provides a public records exception for certain confidential reportsmade to the Board of Ethics

I ANACT

2 To amend and reenact R.S. 44:4.1(B)(25), relative to public records exceptions; to provide

3 a public records exception for certain confidential reports to the Board ofEthics; and

4 tp provide for related matters.


6 Section 1 . R.S. zt4:4.1(B)(25) is hereby amended and reenacted to read as follows:

7 94.1. Exceptions

8'l,t'i

9 B. The legislature furtherrecognizes thatthere exist exceptions, exemptions,

l0 and limitations to the laws pertaining to public records throughout the revised

I I statutes and codes ofthis state. Therefore, the following excsptions, exemptions, and

L2 limitations are hereby continued in effect by incorporation into this Chapter by

13 citation:

14 ,t 'l ,t

15 (25) R.S. 42:6.1,57,llll, l116.l,l14I,1158. 1161

16 ,i '1. 't

17 Section 2. This Act shall become effegtive upon signture by the governor or, ifnot

18 signedbythe governor,upon expiration ofthe time forbills tobecome lawwithout signature

19 by the governor, as provided by Article III, Section I 8 of the Constitution of Louisiana. If

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HLS IORS-I485 ORIGINALHBNO.73l

vetoed by the goyernor and subsequently approved by the legislature, this Act shall become


DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no partofthe legislative instrument. The keyword, oneJiner, abstract and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and24:177(E)]

Pugh HBNo.731

Abstracfi Provides a public records exception for certain confidential reports made byagencyheads to the Board of Ethics

Present law (R.S. 42:l 161) provides that every agenry head must file confidential reportswith the Board of Ethics concerning any matters that come to his attention which he believesmay constitute a violation of the state ethics code under ry11!4r /.

Proposed law establishes a public records exception for such confidential rsports.

Effective upon signature ofgovernor or lapse oftime for gubernatorial action.

(Amends R.S. aa:a. l@)(2s))

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HLS IORS-II87


HOUSE BILLNO.734

BY REPRESENTATIVE PEARSON

ORIGINAL

ETHICSICODE: hovides for the not-for-profit organizations or funds within suchorganizations which may give donations to certain public employees affected bycertain hurricanes, the time period during which public employees may acoeptcontributions, and the deadline by which organizations must report such donationsto the Board of Ethics

I ANACT

2 To amend and reenact R.5.42:1123(36), relative to governmental ethics; to provide relative

3 to the time period during which public employees may accept certain donations and

4 contributions from specified not-for-profit organizations or funds within the

5 organizations; to provide for the not-for-profit organizations or funds who may

6 donate or contribute such funds; to provide for the deadline by which the

7 organizations must report such donations and contributions to the Board ofEthics;

8 to provide relative to the effectiveness of such provisions; and to provide for related

9 matters.

10 Be it enacted by the Legislature ofLouisiana:

I I Section l. R.S. 42:1123(36) is hereby amended and reenacted to read as follows:

12 91123. Exceptions

13 This Part shall notpreclude:

14 "' {' 'r

15 (36)(a) During the time period of August 29,2005, through December 31,

16 ?f'0!' 2010. the receipt by a public anployee of any thing of economic value as a

17 contribution or donation from any ofthe specified nol-for-profit organizations or

18 specified funds within a not-for-profit organization as listed in Subparagraph (b) of

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HLS IORS.I I87 ORIGINALHB NO. 734

I this Paragraph forthe purpose ofdisaster aid orreliefto offset any economic losses

2 suffered by the public employee as a result of Hurricane Katrina or Hurricane Rita,

3 provided that the value of contributions or donations received by the public

4 employee from any one of such not-for-profit organizations or funds within not-for-

5 profit organizations shall not exceed ten thousand dollars and provided that the total

6 value ofcontributions or donationsreceivedbythepublic employee from such not-

7 for-profit organizations or funds within such not-for-profit organizations shall not

8 exceed tr,venty-five thousand dollars.

9 O) The not-for-profit organizations or funds within a not-for-profit

l0 organization which may make contributions or donations to a public employee as

1l provided in Subparagraph (a) of this Paragraph shall be the Louisiana Wildlife and

12 Fisheries Foundation, theLouisianaWildlifeAgentsAssociation,Inc., the Louisiana

13 Trooper Foundation, Inc., the Louisiana Troopers ReliefFund, Inc., the Hurricane

14 Relief Fund Foundation, LLC, the Louisiana Sheriffs Emergonry Relief Fun4 the

l5 Louisiana State Firemen's Association, the National Association of Motor Vehicle

16 Boards and Commissions, the LSU Charity Hospital Relief Fund within the LSU

17 Foundation, the Parish Employees Relief Fund within the Police Jury Association of

18 Louisiana, Inc., the New Orleans Police Foundation, Inc., the NDAA Hurricane

19 Katrina Prosecution Relief Fund within the National District Attorneys Association,

20 the Federation of Tax Adminisfrators, the LATEC Charities, Inc., the LA DOTD

2I Employee Hurricane Relief Fund of the LA DOTD Federal Credit Union, the

22 National Association of Social Workers, the Service Employees International Union

23 Hurricane Rslief Fund ofthe Service Employees Intemational Union, the American

24 Association of Airport Executives-Airport Council Intemational North American-

25 Karrina Fund, St. Tammany Parish Iaw Officer Relief Fund- and the Friends of the

26 Frontline, Inc., provided that not laterthan February 15,20tq 201 1. each such not-

27 for-profit organization which has given such a contribution or donation either

28 directly or through a fund shall file a report with the Board of Ethics itemizing the

29 name of each public employee to whom a contribution or donation was giveq the

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HLS IORS-1I87 ORIGINAL-trs No. z:+

name of the employing agency of each such public employee, the nature of the

donation or contribution given to each such public employee, and the value ofthe

donation or contribution given to each such public employee.

Section 2. The provisions of this Act amending R.S. 42: I 123(36) are declaxed 1o be

remedial and curative and shall be applied retroactively to January 1,20A6, as well as

prospectively.

Section 3. This Act shall become effective upon signatr:re by the governor or, ifnot

signedbythe govemor, upon expiration ofthetime forbills to become lawwithout signature

by the governor, as provided by Article ltr, Section l8 of the Constitution of Louisiana- If

vetoed by the governor and subsequent$ approved by the legislature, this Act shall become


DIGEST

The digest printed below was prepared byHouse Legislative Services. It constitutes no partofthe legislative instrument. The keyword, one-liner, abstract, and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. l:13@) and24:.177(E)]

Pearson HB No. 734

Abstract Relative to the exception which allows certain public ernployees affected byHurricanes Katrina and Rita to accept certain donations from certain not-for-profitorganizations or funds within such organizations, extends the time period for such,adds the St. Tammany Parish Law Officer Relief Fund to the list of acceptableorganizations, and provides for the deadline for a report ofsuch donations to theBoard of Ethics.

Presgnt law defines a "public employee" for purposes of the Code of Governmental Ethicsas anyone, compensated or no! who is: an adminisrative officer or official of agovemmental entity who is not filling an elective office; appointed by any elected officialwhen acting in an official capasity, and the appointrnent is to a post or position wherein theappointee is to serve the govemmental entity or an agency thereof, either as a msmber of anagency, or as an employee thereof; urgaged in the performance of a govemmental function;or under the supervision or authority of an elected official or another employee of thegovernmental entity. Provides that a public ernployee shall be in such status on days onwhich he performs no services and days on which he performs services. Provides thattermination of any particular term of employment of a public ernployee shall take effect onthe day the termination is clearly evidenced. hoosed_lA.w retains ryLla&.Present law provides that no public servant (defined as a public employee or an electedofficial) shall receive any thing of economic value, other than compensation and benefitsfrom the govenrmental entity to which he is duly entitled for the performance of the dutiesand responsibilities of his office or position, with ceriain exceptions. Proposed law retainsoresent law.

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HLS l0RS-1187 ORIGINALIIB NO. 734

Present law provides an exception to allow a public employee, for the period oftime fromAttg. 29,2005, through Dec. 31, 2009, to receive any thing of economic value as acontribution or donation from ceriain specified not-for-profit organizations or specifiedfunds within such organizations for disaster aid or relief to offset economic losses theemployee suffered due to Hurricane Katrina or Rita. Provides that the value of contributionsor dona.tions received by the employee from any one of such organizations or fimds shall notexceed $10,000 and that the total value ofsuch contributions or donations received by theemployee from such organizations or funds shall not exceed $25,000.

Proposed law retains present law but changes the end date ofsush time period from Dec. 3 1,

2009, to Dec. 31,2010.

Present lawprovides thatthe specified organizations orfunds from which such contributionsor donations are allowed are tlre La- Wildlife and Fisheries Foundation, La Wildlife AgentsAssoc., La. Trooper Foundation, Ia- Troopers Relief Fund, Hurricane Relief FundFoundation, La. Sheriffs Emergency Relief Fun4 La. State Firemen's Assoc., NationalAssoc. of Motor Vehicle Boards and Commissions, LSU Charity Hospital Relief Fundwithin the LSU Foundation, Parish Employees Relief Fund within the Police Jury Assoc. ofLa, New Orleans Police Foundation, NDAA Hurricane Katrina Prosecution Relief Fundwithin the National District Attorneys Assoc., Federation of Tax Administrators, LATECCharities, LA DOm Employee Hurricane Relief Fund of the LA DOTD Federal CreditUnion, National Assoc. of Social Workers, Service Employees International UnionHurricane Relief Fund of the Service Employees Intemational Union, American Assoc. ofAirportExecutives-Airport Council htemational NorthAmerican-KatrinaFund, andFriendsofthe Frontline.

Proposed law adds the St. Tammany Parish Law Officer ReliefFund to the list and otherwiseretains present law.

Present law requires each such not-for-profit organization which has given such acontribution or donation, directly or through a fund to file a report with the Board of Ethicsno later than Feb. 15, 2010, itemizing the name of each public employee to whom acontribution or donation was given, the name of the employee's employing agency, and thenature and value ofthe donation or contribution.

Proposed law retains present law but changes the deadline ofsuch reporting date from Feb.15, 2010, to Feb. 15, 201 l.

Proposed law provides that the provisions ofplgpose(Llal4 shall be applied retroactively toJan. 1, 2006, as well as prospectively.

Effective upon signature ofgovernor or lapse oftime for gubernatorial action.

(Amends R.S. 42: I 123(36)

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FILS IORS-I082


HOUSE BILLNO.758

BY REPRESENTATIVE HUTTER

ORIGINAL

ETHICS: Requires the Board of Ethics to make available the name of a complainant undercefiain circumstances

I ANACT

2 To enact R.S. 42:llal(E)(13), relative to enforcsment of laws within thejurisdiction ofthe

3 Board of Ethics; to require that certain information be made available to a person

4 accused ofviolating such laws; to provide relative to the confidentiality ofsuch

5 information; to provide procedures and requirements for the provision of such

6 informatioq to provide for exceptions; and to provide for related matters.

7 Be it enacted by the Legislature ofLouisiana:

8 Section l. R.S.42:l141(EX13) is hereby enactedto read as follows:

9 $1141. Procedure; adjudicatoryboard

l0 'r 'i 'r

I 1 E. Procedure.

12,r**

I 3 ( I 3)(p) When consideration ofa matter initiated by a comolaint is concluded.

L4 the accused shall be entitled to know the name of the comolainant. Upon receiot of

I 5 a written request by the accused the Board of Ethics shall provide the accused with

16 the name ofthe complainant. After the board provides the name ofthe complainant

17 to the accused- the name of the comolainant shall no longerbe desmed confidential

l8 ororivileeed.

19 (b) Consideration ofa matter shall be deemed concluded forourposes ofthis

20 ParaCraoh uoon the earliest ofthe following:

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HLS IORS-1082 ORIGINALHB NO. 758

(i) The board considers the matter but fails to conduct an investigation or

investigates the matter but fails to issue charses.

(ii) The board is orecluded b)' law from taking action against the accused

based on the comnlaint because the time period for doing so has exoired.

(iii) The matter is settled by consent opinion.

(iv) A decision is rendered finding a violation or dismissine the matter.

(c) This Paragraoh shall not annly to a matter initiated by a complaint made

oursuant to laws providing for whistleblower orotection (RS. 42: I 169).

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no partofthe legislative instrument. The keyword, oneJinsr, abstrac! and digest do not constitutepartofthelaworprooforiqdiciaoflegislativeintent. [R.S.l:13(B) and24:177(E)]

Hutter HB No. 758

Abstracfi Requires the Board of Ethics to make available the name of a complainant undercertain circumstances.

Present law (R.S. 42:l l4l) provides procedures for the enforcement of laws within thejurisdiction ofthe Board of Ethics. Provides that the board shall consider any signed swomcomplaint from any elector; that it may, by A3 vote, consider any matter which it believesmaybe aviolation of the Code of Governmental Ethics; andthat it mayconsideranymatterwhich it believes may be a violation of any other provision of law under its jurisdiction.

Presqnt law provides that upon receiving a sworn complaint or voting to consider a matter,a private investigation shall be conducted to elicit evidence. Provides that a certified copyofthe vote; a detailed explanation ofthe matter, including the specific factual allegationsupon which the board based its decision to investigate; and a copy ofany complaint receivedby the board, from which the name of the complainant has been redacted shall be sent bycertified mail to the accused and the complainant within l0 days after the vote occurs or afterreceipt of a signed swom complaint. Providesfhat after the investigation is complete, theboard shall determine whether a public hearing should be conducted to determine whethera violalion had occurred.

Present law provides that the records ofthe board prepared or obtained in connection withinvestigations and private hearings conducted by the board shall be deemed confidential andprivileged, except that such records shall be available to each member ofthe board uponrequest. Provides that it shall be a misdemeanor for any member oftlre board, its executive$ecretaq/, other employee, or any other pennn, to make public the testimony taken at aprivate investigation or private hearing of the board or to make any public statement or giveout any information conceming a private investigation or private hearing of the boardwithout the written roquest of the public servant or other person investigated.

Prooosed law retains plesen{g&. Provides, however, that when considemtion of a matterinitiated by a complaint is concluded, the accused shall be entitled to know the name of thecomplainant. Provides that upon receipt of a written request by the accused the board shall

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HLS IORS.IO82 ORIGINALHB NO.758

provide the accused with the name of the complainant and that after the board provides thename of the complainant to the accused, the name of the complainant shall no longer bedeemed confidential orprivileged. Provides that consideration of a matter shall be deemedconcluded for purposes ofproposed law upon the earliest ofthe following:

(l) The board considers the matter but fails to conduct an investigation or investigatesthe matter but fails to issue charges.

Q\ The board is precludedbylaw from takingaction against the accusedbased on thecomplaint because the time period for doing so has expired.

(3) The matter is settled by consent opinion.

(4) A decision is rendered finding a violation or dismissing the matter.

Provides that oroposed law shall not apply to a matter initiated by a complaint madepursuant to present law whistleblower protection provisions (R.S. 42: I 169).

(Adds R.S. a2:l lal(E)(13))

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HLS IORS.1331 ORIGINAL


HOUSEBILLNO. T6I

BY REPRESENTATIVES WHITE, CHAMPAGNE, CONNICK CORTEZ, FANNIN,GEYMANN, HARRISON, LABRUZZO, LAMBERT, LEBAS, LEGE& LIGI,MCVEA, MORRIS, PEARSON, GARY SMITH, PATRICIA SMITH, ANDSTIAES

ETHICS/FINANCIAL DISCLOS: Provides for the application of certain financialdisclosure provisions to certain parish and municipal employees

1 eNecr

2 To enactR.S.42:1124.2(A)(5), relative to financial disclosure; to require certaindisclosures

3 by certain public employees; to provide for the content of such disclosures; to

4 provide for penalties; and to provide for related matters.


6 Section l. R.5.42:1124.2(AX5) is hereby enacted to read as follows:

7 $ I 124.2. Fnancial disclosure; certain elected officials; members of certain boards

8 and commissions; ethics administrator:@

9 emolovees

10 A. Each of the following, except a person who is required to file a financial

1l statement pursuatrt to R.S. 42:1124, shall annually fi1e a financial statement as

12 provided inthis Section:

13 ,r {. 'r

14 ($ Each oublic employee of a parish having a population of fifty thousand

15 or more persons or of a municioality having a population of thiqv-five thousand or

16 more persons whom the parish or municioality has authorized to negotiate or

I7 otherwise determine the terms of contracts for the parish or municipality.

18,r*,r

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HLS 10RS-133r ORIGINALHBNO.761

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no paxtofthe legislative instrument. The keyword one-liner, abstrac! and digest do not constitutepartofthelaworprooforindiciaoflegislativeintent. [R.S.l:13@)afi24:177(E))

White HB No. 761

Abstract Requires each public employee of a parish having a population of 50,000 or moreor of a municipality having a population of 35,000 or more whom the parish ormunicipality has grven authority to negotiate or othena'ise determine the terms ofconhacts for the parish ormunicipalityto file annual finansial disclosure $tatements.

Present law (R.S. 42:1124.2) requires the following to annually file a financial statementwith the Board of Ethics: (1) each member of the state legislature, (2) each person holdinga public office who represents a voting district having a population of 5,000 or more,(3) each member of the Board of Ethics and the ethics administrator, and (4) each memberof the State Board of Elementary and Secondary Education (informally termed Tier 2).Exempts statewide elected officials and certain executive branch officials requted to file afinancial statement under a different provision of present law (R.S. 42: I l2zt-informallytermed Tier I ).

Present law (R.5. 42:1124.2) generally requires the disclosure of certain specifiedinforrnation concerning income, employmen! property, business associations, invesunenB,liabilities, and fiansactions. Requires the disclosure of specified information, includingvalue, regarding purchases or sales of immovable properly, stocks, and other securitiesvalued at over $5,000 (subject to specific exceptions).

Froposed law adds to the list ofpersons required to annually file a financial statement withthe Board of Ethics each public employee of a parish having a population of 50,000 or morepersons or ofamunicipalityhaving apopulation of35,000 ormore persons whom the parishor municipality has authorized to negotiate or otherwise determine the terms of contracts forthe parish or municipality. Otherwise retains plgggtrr!_1al4.

Present law (RS. 42:1124.4) provides relative to puralties. Provides for penalties, afterreceip of a notice of delinquency, for failure to file, to provide omitted information, tocorrect inaccurate information, or to file a written answer prior to the deadline contained inthe notice of delinquency. Penalties may be imposed for each day until the statement,omitted information, corrected information, or written answer is fi1ed. Penalties are: $500per day for govemor, statewide elected officials, and others who report pursuant to R.S.42:1124 Qier l); $100 perdayforlegislators, officials in districts of 5,000persons ormore,and members of boards and commissions who report pursuant to R.S. 42:1124.2 (Tier 2);and $50 perdayforofficialswho represent districts under 5,000personswho reportpursuantto RS. 42: 1 124.3 (informally termed Tier 3). Provides criminal penalties for certain willfuland knowing violations.

Proposed law makes ry1qlglg applicable to violations ofprooosed law.

(Adds R. s. a2:r Qa.2(1+)(s))

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HLS IORS.I76I


HOUSE BILLNO.933

BY REPRESENTATIVE PERRY

ORIGINAL

ETHICS/CODE: Authorizes certain transactions between a hospital service district and aboard member and lesal entities in which a board member owns an interest

I ANACT

2 To snact R.S. 2:1123(lS)(b), relative to ethics; to allow a member on the board of

3 commissioners of a hospital service district to engage in certain transactions and to

4 own an interest in entities that engage in certain fiansactions; to require certain

5 recusals by such board members; to provide for restrictions and limitations; and to


7 Be it enacted by the Legislahue of Louisiana:

8 Section l. R.S. 42: I 123(18)0) is hereby enacted to read as follows:

9 $1123. Exceptions


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14 O) A member of a board of commissioners for any hosoital service district

l5 authorized by Chaoter 10 ofTitle 46 ofthe Louisiana Revised Statutes of 1950 or a

16 legal entiqv in which the board member owns an interest fiom enterine into

17 transactions with the board or with a hosnital over which the board exercises

I 8 jurisdiction provided that the total amount of such transactions shall not exceed one

19 thousa4d five hundred dollars oer month and provided that the board member shall

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HLS IORS.I76I ORIGINALIIB NO.933

not oarticinate in anv action reeardine the transaction before the board and shall

recuse himself from votine on any action regaxding the transaction.


signedbythe governor,upon expiration ofthetime forbills to become lawwithout signature

by the govemol as provided by Article III, Section 18 of the Constitution of Louisiana- If

vetoed by the govemor and subsequently approved bythe legislature, this Act shall become


DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no partofthe legislative instrument. The keyword, one-liner, abstrac! and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. I : I 3(B) nd 24:177 (E)]

Perry HB No.933

Abstract Allows a member of a hospital service disfrict board to enter into Eansactions ofno more than $1,500 per month with the board or with a hospital over which theboard exercises jurisdiction provided that he does not participate in any actionregarding the transaction and recuses himselffrom voting on any action regardingthe transaction.

Present law (R.S.42:l123(18)-relative to exceptions to the Code of Govemmental Ethics)allows anyphysician servingas amernberofahospital servicedistrictboard orcommission,if such board or commission is required by law or by local ordinance, rule, or regulationadopted by a municipal or parish governing authority to have one or more physicianmetnbers, to lease space for the provision ofhealth care services from a hospital underjurisdiction of the board or commission for fair market value. Further allows a licensedphysician who is a member of a hospital service district board located within a parish witha population of 125,000 or less to contract with the hospital over which the board exercisesjurisdiction, to subconfract with another provider who confiacts with the hospital, and tohave an ownership interest in an entity that contracts with the hospital. Requires thephysician to recuse himself from participating in a hansaction before the board relating tosuch transactions permitted by oresent law.

Prooosed law further allows a member of a hospital service district board or commission ora legal entity in which the board member owns an interest to enter into transactions with theboard or with a hospital over which the board exercisesjurisdiction provided that the totalamount of such transactions shall not exceed $ I ,500 per month and provided that the boardmember shall not participate in any action regarding the transaction before the board andshall recuse himself from voting on any action regarding the transaction

Effective upon signature of govemor or lapse of time for gubernatorial action.

(Adds R.S. a2:l 123(18)(b))

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TILS IORS-76

Regular Session, 2010

HOUSE BILLNO. 1059

BY REPRESENTATIVE ABRAM SON

ORIGINAL

ETHICS: Requires reimbursernent whar public funds are used or appropriated for certainprohibited purposes related to elections

ANACT

To amend and reenact R.S. 18:1465, relative to election offenses; to require the

reimbursernent of ceriain public funds; to provide relative to penalties; and to

provide for related matters.

Be it enacted by the Legislature ofLouisiana:

Section 1. R.S. l8: 1465 is hereby amended and reenacted to read as follows:

91465. Prohibited use of public funds

A.(!l No public funds shall be used to urge any elector to vote for or against

any candidate or proposition or be appropriated to a candidate or political

organization.

(4 ttrprovision The provisions of Para€raph (l) of this Subsection shall

not prohibit the use of public funds for dissemination of factual information relative

to a proposition appearing on an election ballot.

(3Xa) If eublic funds have facilitated both a public_purpose related to the

official duties of a public servant and have in any manner been used to urge any

elector to vote for or against any candidate or proposition or been aooropriated to any

candidate or political organization. the public servant or other person who dirested

or caused the use or appropriation ofthe public funds in such a manner shall within

ten calendar days ofthe use or approoriation reimburse the aoorooriate govemmental

entitv the ororated fair market value ofthe use or appropriation.

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IORS-76 ORIGINALHB NO. 1059

O) The failure of a oublic servant or other oerson to reimburse the

appropriate Eovernmental entity as provided in this Paraeraph shall be a violation of

this Ssction.

(c) The terms "public servant" and "governmental entity" shall have the same

meaning as orovided in R.S. 42:1102.

8.fl)Whoeverviolates anyprovision ofthis Section shall be fined not more

than five hundred dollars or be imprisoned for not more than six months, or both.

On a second offense or any succeeding offense, the penalty shall be a fine ofnot

more than one thousand dollars or imprisonment for not more than one year, orboth.

(2) In addition to the penalties provided in Paragraoh (l) ofthis Subsection.

whoeverviolates the provisions of Suboaragraph (AX3Xa) of this Section. shall be

subiect to the imposition of an additional civil oenaltv of uo to one and one-half

times the prorated fair market value of the use or aoorooriation of the public funds.

which penalty shall be payable to the appropriate govemmental entity.


signedbythe govemor, upon expiration ofthetime forbills tobecome lawwithout signature

by the governor, as provided by Article trI, Section 18 ofthe Constitution oflouisiana. If

vetoed by the governor and subsequently approved by the legislature, this Act shall become


DIGEST

The digest printed below was prepared byHouse Legislative Services. It constitutes no paxtofthe legislative instrument. The keyword one-linor, abstract, and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. l:13(B) nd24:177(E)]

Abramson HBNo.1059

Abstract In instances where public funds have been used for both a public purpose andcertain prohibited political purposes, requires the public servant or other person whodirected or caused the use or appropriation of the public funds in that manner toreimburse the appropriate governmental entity the prorated fair market value of theuse or appropriation within l0 days or be subject to penalties.

Presgnt law prohibits public funds from being used to urge any eloctor to vote for or againstany candidate or proposition or from being appropriated to a candidate or politicalorganiz,ation. Present law specifically provides that Eglen1Lb,w does not prohibit the use ofpublic funds for dissemination of factual information relative to a proposition.

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ms l0Rs-76 ORIGINALHB NO. 1059

Prooosed law provides that ifpublic funds have facilitated both a public purpose related tothe official duties of a public servant and have in any manner been used to urge any electorto vote for or against any candidate or proposition or been appropriated to any candidate orpolitical organization, the public $eryant or other person who directed or caused the use orappropriation of the public funds shall within l0 days reimburse the appropriategovernmentalentitytheproratedfairmarketvalueo{theuseorappropriation. Proposedlawprovides that the failure ofa public servant or otler person to reimburse the appropriategovernmental entity shall be a violation of orooosed law.

Present law provides for a penalty of not more than $500 or imprisonment for not more thansix months, or both. Provides that on a second offense or any succeeding offense, thepenaltyshall be a fine of not more than $1,000 or imprisonment fornot more than oneyear,or both.

Proposed law retains @lllefg penalties for violations of pfspgsedlg.w and additionallyprovides that forfailuretoreimburse inthemannerprovided inry!!9, aperson shallbe subject to an additional civil penalty equal to np to 1-% times the prorated fair marketvalue of the use or appropriation of the public funds, payable to the appropriategovernmental entity.


(Amends R.S. l8:1465)

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HLS 1ORS.I55


HOUSE BILLNO. I143

BY REPRESENTATIVE GALLOT

ORIGINAL

ETHICS/BOARD: Amends provisions concerning enforcement ofthe ethics code

1 ANACT

2 To amend and reenact R.S.42:1141(A)(l) and (6), (B)(l)(a), and (CXl), (2), (4Xc), (d), and

3 (e), and (5), to enact R.S. 42:1 l4l(CX4X0 and (g) and I 163.1, and to repeal R.S.

4 42:ll4l(B)(3), (C)(3)(c), and (E)(10) and 1163, relative to enforcement of laws

5 within the jurisdiction of the Board of Ethics; to provide for the conduct of hearings

6 andproceduresrelaledthereto; to provide forreviewofdecisions relatedthereto; to

7 provide for certain time limits for such enforcemort; to provide relative to the

8 powers, functions, and duties ofthe Board of Ethics, relative to such enforcement;

9 to provide relative to the powers, functions, and duties of the Ethics Adjudicatory

10 Board and the division of administrative law, relative to such enforcement; to

I I provide relative to the composition of and selection of members for the Ethics

12 Adjudicatory Board; to provide for the terms of members of the Ethics Adjudicatory

13 Board; to provide for applicability; and to provide for related matters.

L4 Be itenactedbytheLegislature oflouisiana:

15 Sectionl. R.S.42:llal(A)(1)and(6),@)(1)(a),and(CXl),(2),(4)(c),(d),and(e),

16 and (5) are herebyamended andreenacted and R.S.42: I l4l(C)( XO and (g) and 1163.1 are

17 hereby enacted to read as follows:

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IILS l0RS-155 ORIGINALHB NO. I143

g I l4l. Procedure; adjudicatory board

A. Panels. (1) The boardmembers ofthe board of ethics shall sit en banc

and in panels in such order and at such times as the board directs.

(6)@) The board, by a majority vote of its membership, may review any

opinion, decision, finding, or ruling ofany panel.

(b) Anypublic servant or other oerson who is aggrieved by any action taken

by a panel may requsst a review of the panel's decision by the board within thirty

days of the mailing of the notice of the panel's decision. The board shall determine

whether or not to review the oanel's action within thirty dalrs of receiot of the resuest

for review.

B. Complaints. ( I Xa) The board shall consider any signed sworn complaint

from any electoro hereinafter referred to as complainant concerning a violation of

this Chapter which is within its jurisdiction or the regulations or orders issued by the

board or may, by a two-thirds majority vote of its membership, consider any matter

which it has reason to believe may be a violation of this Chapter. Additionally, the

board may consider any matter which it has reason to believe may be a violation of

any other provision of law within its jurisdiction as provided in this Subsection or

as may be otherwise provided by law. A certified copy of the vote; a detailed

explanation of the matter, including the specific factual allegations upon which the

board based its decision to investigate; and a copy ofany complaint received by the

boar4 from which the name of the complainant has been redacted shall be sent by

certified mail to the arcnsed respondent and the complainant within ten days after

the vote occurs or after receipt of a signed sworn complaint. The chairman of the

board shall assign each such matter to the appropriate panel for investigation.

C. Investigation and hearing. (l) Upon receiving a sworn complaint or

voting to consider a matter as provided in Subsection B ofthis Section. a private

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HLS l0RS-155 ORIGINALHBNO. l143

investigation shall be conducted to elicit evidence upon which the panel as provided

in this Section shall determine whether to recommend to the board that a public

hearing be conducted or that a violation has not occurred. The areuscd resBondent

and the complainant shall be given written notification of the commencement of the

investigation not less than len days prior to the date set for the commencement ofthe

investigation. All determinations in this Subsection shall be by a majority vote of

the panel. However, in cases where the panel consists of three mernbers, all

determinations of such apanel shall require aunanimous vote ofthe members ofthe

panel.

(2) After the investigation has been completed, the board shall determine

whether a public hearing should be conducted to receive evidence and to determine

whether any violation of any provision of law within its jurisdiction has occurred.

Ifa violation has not occurred, the dcftndanrt respondent and the complainant shall

be notified within ten days of the ruling.

(c) The members of the Ethics Adjudicatory Board shall be mndomly

selected at a public meeting of the Board of Ethics, from among the names of all

adminisrative law judges who meet the qualifications. iFffirst

ics

@ The members of the adjudicatoryboard shall serve

three year terms. which terms shall beein on Janua{v first. The adjudicatory board

members @ shall be randomly selected at a public

meeting held by the Board of Ethics in Decernber of the prcceding year oreceding

the year in which the terms are to begin. There shall be no limitation on the number

of times a qualified member may be selected to serve.

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(4)

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HLS l0RS-155 ORIGINALHBNO.1r43

(dXi) The Ethics Adjudicatory Board shall sit in rotating panels composed

of three administrative law judges randomly selected from among the members of

the adjudicatoryboard. The adminishative law judge most senior in service who is

present shall preside, The determination of the majority of the panel in a particular

case shall be the determination of the Ethics Adjudicatory Board. After the hearing,

the presiding administrative law judge shall assign authorship responsibility for the

determination.

(ii)

imeosce The administrative law judge remaining after the selection of the two

panels shall serve as an alternate who shall serve on a panel when a member of the

oanel is unavailable. A vacancy occurring on a panel shall be filled by the alternate.

A vacancy on the Ethics Adjudicatory Board shall be filled for the remainder of the

term at xhe next oublic meetinE of the Board of Ethics following the occurrsnce of

the vacancy in the same manner as the original appointment.

(e) At the hearing. an ethics adjudicatory panel shall determine whether a

violation of any provision of law within the jurisdiction of the Board of Ethics has

occurred. If the ethics adiudicator.v oanel determines that a violation has occurred.

it shall determine what authorized oenalties or other sanctions. if an]'. should be

imposed.

(fl If the public hearing of the ethics adjudicatory panel fails to disclose clear

and convincing evidence to support the charges, the ethics adjudicatorypanel shall

make an official determination of its findings, and thereupon the Boardrcffittrics

@ matler shall be dismissed. The pcrson-cttarged

respondent and the complainant shall be notified in writing within ten days of the

ethics adjudicatory panel's rendition ofa final decision. The person charged may

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HLS IORS.I55 ORIGINALtrB No. 1143

require the ethics adjudicatory panel to make an official determination of the validity

of the charges against him.

(gXi) A oublic servant or other person who is aggrieved b]' an action taken

b!'an adjudicatory oanel may request a review of the panel's decision b], the full

Ethics Adjudicatory Boaxd.

(ii) The Board ofEthics mayroquest areviewbythe full Ethics Adjudicatory

Board of an adiudicatorv oanel's decision on a ouestion of law.

(iii) A request for review pursuant to this Subparaeraph shall be made within

thirty da!'s of the mailing of the notice of the adjudicatory panel's decision. The

adjudicatory board shall determine whether or not to review the oanel's action within

thirty days of receipt of the request for rwiew.

(s)

The Ethics Adjudicatory Board shall issue the final decision or order. whether or not

on rehearine" and the Board of Ethics shall have no authoritv to override such

decision or order. Upon the issuance ofsuch a final decision or order. the Board of

Ethics and each official and emoloyee acting on behalfofthe Board ofEthics shall

comoly fully with and enforce the final order or decision.

$1163.1. Time limits on enforcement

The Board of Ethics shall not vote to issue charges based on an alleeed

violation ofan)' orovision ofthis Chaoter after the exoiration ofthe shorter ofthe

following oeriods:

(1) One year following receipt by the board of the comolaint of the alleEed

violation or. if no complaint was received- the date the board voted to consider the

alleged violation. For purooses ofthis Paragraph. "receipt by the board" means

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HLS IORS-I55 ORIGINALHBNO.ll43

I receint by a member of the board. a msmber of the staflofthe boaxd- or anyoerson

2 employedbyoractingonbehalfoftheboard-whicheveroccursearliest.

3 (2) Four]'ears afterthe occurrence ofthe allegedviolation.

4 Section2. R.S.42:ll4l(BX3),(C)(3)(c),and(E)(10)andl163areherebyrepealed

5 in theirentirety.

6 Section 3. Each person who is a mernber ofthe Ethics Adjudicatory Board as ofthe

7 effective date of this Act shall serve the remainder ofhis term. Subsequent members ofthe

8 Ethics Adjudicatory Board shall be selected in December 2010, in accordance with R.S.

9 42:1141 as amended by this Act.

10 Section 4. The provisions of this Act enacting RS. 42:l163.1 and repealing R.S.

1 1 42:1163 shall not apply with respect to any alleged violation that the Board of Ethics has

12 voted to consider or about which the Board ofEthics has received a complaint as ofthe

13 sffective date of fhis Act.

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no partof the legislative instrument. The keyword, oneJiner, absfiac! and digest do not constitutepartofthelaworprooforindiciaoflegislativeintent. [R.S.l:13(B) and24:177(E)]

Gallot HB No. 1143

Abstracfi Repeals provisions requiring the Board of Ethics to close its file upon a dismissalby the Ethics Adjudicatory Board and requiring the Board of Ethics to adoptdecisions ofthe adjudicatory board; changes terms ofmembers ofthe adjudicatoryboard from one year to three years; provides for the judge rernaining after theadjudicatory panels are picked 1o serve as an alternate; provides for vacancies on theadjudicatory board; provides for review ofadjudicatory panel decisions by the fulladjudicatory board; and provides for one- and four-year time limits on the issuanceofcharges by the board ofethics.

Present law (Code of Governmental Ethics) provides for the Board of Ethics @OE) and theEthics Adjudicatory Board (EAB). Provides for the composition and the powers and dutiesofeach board.

Pressnt law (R.S.42:1141) provides that the BOE receives complaints, conductsinvestigations conceming alleged violations of laws within its jurisdiction, and issuescharges based on such alleged violations. Provides that the EAB conducts hearings on thecharges to determine whether a violation has in fact occurred an4 ifa violation has occurred,determines what authorized penalties or otlrer sanctions should be imposed. Provides thatifthe public hearing ofthe EAB fails to disclose clear and convincing evidence to supportthe charges, the EAB must make an official determination of its findings, and thereupon theBOE must close its file on the charges. Provides that ifthe EAB determines that a violationhas occurred and prescribes authorized penalties or other sanctions, the BOE must within

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HLS l0RS-155

45 days of the issuance of the determinationdetermination of the EAB.

ORIGINALHBNO.ll43

by the EAB, issue a decision adopting the

Prooosed law repeals the requirement that the BOE close its file on the charges if the publichearing fails to disclose clear and convincing evidence to support the charges. Provides that

if such evidence is not disclosed at the hearing, the matter shall be dismissed.

Prooosed law repeals the requirement that the BOE adopt a decision of the EAB. Provides

that the EAB shall issue the final decision or order, whether or not on rehearing, and the

BOE shall have no authority to override such decision or order. Provides that upon theissuance of such a final decision or order, the BOE and each official and employee actingon behalf of the BOE shall comply fully with and enforcs the final order or decision.Otherwise retains 4!_!49.Present law provides that any public servant or other person who is aggrieved by any actiontaken by a panel may request a review of the panel's decision by the board within 30 days

ofthe panel's decision. Provides that the board shall determine whether or notto review thepanel's action within 30 days of the request for review. Proposed law clarifies that WSenttgw applies to panels of the BOE. Provides tha.t the requsst must be made within 30 days

after the mailing of the notice of the panel's decision and that the BOE shall determinewhether to review the panel's decision within 30 days of receipt of the request

Proposed law replaces references in present law to the "accused" with "respondent".

Prssent law provides relative to the terms of the initial EAB. Proposed law repeals prcsgg!

lery.

Present law provides that memben of the EAB serve one-yoar terms. ElgBgss1lla&, provides

instead the members of the EAB serve three-year tenns. Provides that members as of Aug'15, 2010 (effective date of Act) shall complete their terms and ne'fl members shall be

selected in Dec. 2010 for three-yeaf, terms.

Present law provides that the EAB shall sit in rotating panels of three adminisnative lawjudges. Proposed law repeals the requirements that the EAB sit in rotating panels. Providesfurther that the administrative law judge remaining affer the selection ofthe two panels shallserve as an alternate who shall serve on a panel when a member of the panel is unavailable.Provides that a vacancy occurring on a panel shall be filled by the alternate and that a

vacancy on tlre EAB shall be filled for the remainder of the term at the next public meetingof the BOE following the occurrence of the vacancy in the same manner as the originalappointment.

Prooosed law provides that a public servant or other person who is aggrieved by an actiontaken by an adjudicatory panel may requestareview ofthe panel's decision bythe full EAB.Provides that the EAB may request a review by the full EAB of an adjudicatory panel'sdecision on a question of law. Requires a request for review pursuant to propossdlg& to be

made within 30 days of the mailing of the notice of the adjudicatory panel's decision.Requires the adjudicatory board to determine whether or not to review the panel's actionwithin 30 days of receip of the request for review.

Present law (R.S.42:ll4l(C)(:)(c)) provides that if the Board of Ethics does not issue

charges within one year from ths date upon which a swotn complaint is received or, if nosworn complaint was received, within one year from the date the board voted to consider thematter, the matier shall be dismissed.

Present law (R.S. 42:l163) provides that no action to enforce any provision of plgso4!-!3lg(Code of Govemmental Ethics) shall be commenced after the expiration of two years

following the discovery of the occurrence of the alleged violation, or four years after theoccurrence ofthe alleged violation, whichever period is shorter.

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HLS 10RS-155 ORIGINALHBNO. ll43

Proposed law reoeals oresent law.

Proposed law provides that the Board ofEthics shall not vote to issue charges based on an

alleged violation of any provision of Bresent law (Code of Govemmental Ethics) after theexpiration of the shorter of the following periods:

(l) One year following receipt by the board ofthe complaint of the alleged violation or,if no complaint was receive{ the date the board voted to consider the allegedviolation.

(2) Four years after the ocqurence of the alleged violation.

Proposed law specifies that the changes in the time period for BOE action to issue charges

shall not apply to any alleged violation that the BOE has voted to consider or about whichthe BOE has received a complaint as of Aug. 15, 2010 (effective date of Act).

Proposed law provides that "receipt by the board" means receipt by a member of the board,a member of the staff of the board, or any person employed by or acting on behalf of t}teboard, whichever occurs earliest.

(Amends RS. a2:l l4l(A)(l) and (6), (B)(l)(a), and (C)(l), (2), (aXc), (d), and (e), and (5);Adds RS.42:l lal(Q( )(f) and (g) and I163.l; Repeals RS. 42:l l4l(B)(3), (C)(3Xc), and(EXl0) and l163)

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IILS t0RS-1637 ORIGINAL

Regular Session" 2010

HOUSEBILLNO. II78

BY REPRESENTATIVES CONNICK, BARRAS, CROMER, DANAHAY, GEYMANN,HENRY, LIGI, PONTI, PUGH, SMILEY, AND JANE SMITH

ETHICS/BOARD: Provides relative to the Ethics Adjudicatory Board

1 ANACT

2 To amend and reonact R.S. 2)l4l(C)(4)(c) and (dXii) and (EX10), relative to the Ethics

3 Adjudicatory Board; to provide for the terms of mernbers of the adjudicatory board;

4 to require an adjudicatory panel to consider prior decisions and actions of the

5 adjudicatory board and its predecessors; to provide for review ofan adjudicatory

6 punel decision bythe adjudicatoryboard; to provide relative to procedures for such

7 review; and to provide for related matters.

8 Be it e'nacted by the Legislature of Louisiana:

9 Section l. R.S. 42:l lal(Q( )(c) and (dXiD and (E)(10) are hereby amended and

l0 reenacted to read as follows:

l1 gll4l. Procedure;adjudicatoryboard

12 ,r ,t rt

13 C. Investigationandhearing.

14**'ta

15 (4)

16 l. ,t( 't

17 (c) The members of the Ethics Adjudicatory Board shall be randomly

18 selected at a public meeting of the Board of Ethics, from among the names of all

19 adminisrative law judges who meet the qualifications. lFffitffi

20 ;es

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HLS r0RS-1637 ORIGINALHBNO. ll78

I

2

3 @ The members of the adjudicatory board shall serve

4 three year terms. which terms shall begin on January first. The adjudicatory board

5 members @ shall be randomly selected at a public

6 meeting held by the Board of Ethics in December of the preeeding year preceding

7 the year in which the tsrms are to begin. There shall be no limitation on the numbsr

8 of times a qualified member may be selected to serve.

9 (d)

l0 tl. tl. tl.

11 (ii) At the hearing, an ethics adjudicatory panel shall determine whetler a

12 violation of any provision of law within the jurisdiction of the Board of Ethics has

13 occurred. Ifthe ethics adjudicatory panel determines that a violation has occurrod,

14 it shall determine what autlorized poralties or other sanctions, if any, should be

15 imposed. In rendering a decision. the adjudicatory panel shall consider orior

16 decisions and actions ofthe Ethics Adjudicatory Board and its predecessors.

17 ,l t '1.

18 E. Procedure.

L9*'r'i

20 ( 1 0) Any public servant or other person who is aggrieved by any action taken

2l by a panel of the Ethics Adjudicator.v Board may request a review of the panel's

22 decision by the b'oard Ethics Adjudicatory Board sitting en banc within thirty days

23 of the mailing of notice of the panel's decision. The board shall determine whether

24 or not to review the panel's action within thirty days of the request for review.

25 ,l ,t '1.

26 Section 2. Each person who is a mernber ofthe Ethics Adjudicatory Board as of the

27 effective date of this Act shall servo the remainder of his term. Subsequent members ofthe

28 Ethics Adjudicatory Board shall be selected in December 2010 in accordance with

29 R.S.42:l14l asamendedbvthisAct.

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HLS r0RS-1637 ORIGINALHB NO. 1178

DIGEST

The digest printed below was prepared by House Legislative Servicss. It constitutes no partofthe legislative instrument. The keyword" one-liner, abstrac! and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. 1:13(B) arlrd24:177(E)]

Connick HBNo.ll78

Abstracf Provides that members of the Ethics Adjudicatory Board serve three-year lermsinstead of one-year terms; requires an adjudicatory panel to consider prior decisionsand actions ofthe adjudicatory board and its predecessors; and provides for en bancreview by the adjudicatory board ofa decision ofan adjudicatory panel.

Present law (Code of Govemmental Ethics) provides forthe Board of Ethics (BOE) and theEthics Adjudicatory Board (EAB). Provides for the composition and the powers and dutiesofeach board.

Present law (R.S.42:1141) provides that the BOE receives complaints, conductsinvestigations concerning alleged violations of laws within its jurisdiction, and issuescharges based on such alleged violations. Provides that the EAB conducts hearings on thecharges to determine whether a violation has in fact occurred an4 ifa violation has occurreddetermines what authorized penalties or other sanctions should be imposed.

Proposed lawretainsry!-!g14.

Pressnt law provides relative to the terms of the initial EAB. Proposed law repeals present

law.

Present law provides that members of the EAB serve one-year terms. &Wd_!aI4 providesinstead that mernbers of the EAB serve three-year terms.

Present law provides that any public servant or other person who is aggrieved by any actiontaken by a panel may request a review of the panel's decision by the board within 30 daysofthe panel's decision. Provides that the board shall determine whether or not to review thepanel's action within 30 days of the request for review.

Prooosed law provides that any public servant or other person who is aggrieved by anyaction taken by a panel of the EAB may request a review ofthe panel's decision bythe EABsitting en banc within 30 days of the mailing of notice of the panel's decision. Requires theboard to determine whether or not to review the panel's action within 30 days of the requestfor review.

Proposed law requires an adjudicatory panel in rendering a decision to consider priordecisions and actions ofthe Ethics Adjudicatory Board and its predecessors.

(Amends R.S.42:l lal(Q(a)(c) and (d)(ii) and (E)(10)

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HLS IORS-I635 ORIGINAL


HOUSE BILLNO. I I79

BY REPRESENTATIVES LIGI, BARRAS, CONMCK, CROME& DANAHAY,GEYMANN, HENRY, JANE SMITH, PONTI" PUGII. AND SMILEY

ETHICS/BOARD: Provides relative to decisions of the Board of Ethics and of the EthicsAdjudicatory Board

I ANACT

2 To amend and reenact R.S. 42:1142(A), (C), and @) and to enact R.S. 42;1142(F),relative

3 to decisions ofthe BoardofEthics andofthe Ethics AdjudicatoryBoar{ toprovide

4 for appeal by the Board of Ethics of decisions of the Ethics AdjudicatoryBoard to

5 the CourtofAppeal, First Circuit; to provide forthe scopeofreviewofsuch appeal;

6 to provide that the court may award reasonable attomey fees and court costs to the

7 other parly for such appeals under certain circumstances; to provide for when such

8 decisions become final; and to provide for related matters.


10 Sectionl. R.S.42:1142(4),(C),and@)areherebyamendedandreenactedandR.S.

I 1 42:1142(F) is hereby snactedto read as follows:

12 $1142. Appeals

13 A.(l) Wheneveractionistakenagainstanypublicservantorpenonbythe

14 boardorpanel orbyan agencyheadbyorderoftheboard orpanel, orwheneverany

l5 public servant or person is aggrieved by any action taken by the board or panel, he

16 may appeal therefrom to the Court ofAppeal, First Circuit, if application to the board

17 is made within thiay days after the mailing of the notice of the decision of the board

18 beeamc,s-fim1. Any refusal by the board or panel to issue a declaratory opinion or

19 any preliminary, procedural, or intermediate action or ruling by the board or panel

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HLS IORS.I635 ORIGINALHBNO. ll79

is subject to the supervisoryjurisdiction of the appellate court as provided byArticle

V, Section 10 of theConstitution of Louisiana. The Court of Appeal, First Circuit,

shall promulgate rules of procedure to be followed in taking and lodging such

appeals.

(2)(a) The Board ofEthics may aooeal a decision ofthe Ethics Adjudicatory

Board or a panel thereof to the Court of Appeal. First Circuit. if apoliqation to the

adjudicatory board is made within thirty days after the mailing of the notice of the

decision ofthe adjudicatory board. The appeal shall be limited solely to questions

of law and shall be confined to the record created at the hearing before the

adiudicatory board or panel.

O) If the Board of Ethics aopeals a decision of xhe Ethics Adjudicatory

Board and does notorevail in the final disposition ofthe aopeal" the courtmayaward

reasonable attomev fees and court costs to the other oartv.

C. Notwithstanding the provisions of this Section, a public employee who

has attained permanent status in the classified state or city service, as provided in

Article X, Section I of the Constitution of Louisianq may, whenever any

disciplinary action is taken against him by the board or panel or by an appointing

authority by order of the board or panel, appeal therefrom to the appropriate civil

service commission, if application to the board is made within thirty days after the

mailing of the notice of the decision of the board or panel beco'nterfmd. Any

decision of a civil service commission maybe appealed to the Court ofAppeal, First

Circuig either by the board or the public employee, upon application to the civil

service commission within thirty days after tho mailing of the notice of the decision

of such civil service commission bceonrcsfittal.

D. Notwithstanding the provisions of this Section, any tenured public

employee of a public institution of higher education in this state may, whenever any

disciplinary action is taken against him by the board or panel or by the appointing

authority by order ofthe board or panel, appeal therefrom to the appropriate higher

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education managernent board if application to tJre board is made within thirty days

after tlte mailing of the notice of the decision of the board or panel b,ceornorftnal.

Such appeal shall be solely on the record ofthe board or panel hearing and the board

shall adopt rules and regulations to effectuate the preparation ofsuoh record. If

appeal is timely filed, the appropriate higher education management board shall

review the record and decision shall be rendered thereon within one hundred twsnty

days of the receipt ofthe record from the board. Any decision of a higher education

management board may be appealed to the Court of Appeal, First Circuit as

provided in this Chapter, either by the board or by the tenured public employee, upon

application to the appropriatehighereducation managemcntboardwithin thirtydays

after the decision ofsuch higher education management board is rendered.

F. For purposes of this Chapter. a decision of the Board of Ethics. the Ethics

Adjudicatory Board- or a panel of either board becomes final when all time dela)'s

for appeal or review have expired or rieilrts ofappeal or review have been exhausted.

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no paxt

of the legislative instrument. The keyword oneJiner, abstrac! and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. l:13(B) and24:177(E)]

LiCr HB No.'1179

Abstract Allows the Board of Ethics to appeal decisions ofthe Ethics Adjudicatory Boardon questions of law, but provides that the court may award attorney fees and coststo the other party ifthe board does not prevail in the final disposition ofthe appeal.

Present law (Code of Governmental Ethics) provides forthe Board of Ethics (BOE) and theEthics Adjudicatory Board (EAB). Provides for the composition and the powers and dutiesofeach board.

Presant law (R.S.42:ll4l) provides that the BOE receives complaints, conductsinvestigations concerning alleged violations of laws within its jurisdiction, and issuescharges based on such alleged violations. Provides that the EAB conducts hearings on thecharges to determine whether a violation has in fact occurred and, ifa violation has occurred,determines what authorized penalties or other sanctions should be imposed.

Present law (R.5.42:1142) providesthatwheneveraction is taken against anypublic servantor person by the BOE or panel or by an agency head by order ofthe board or panel, orwhenever any public servant or person is aggrieved by any action taken by the board orpanel, he may appeal thsrefrom to the Court of Appeal, Fint Circui! if application to theboard is made within 30 davs after the decision of the board becomes final. Provides that

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HLS IORS-I635 ORIGINALIIB NO. 1179

any refusal by the board or panel to issue a declaratory opinion or any preliminary,procedural, or intermediate action or ruling by the board or panel is subject to thesupervisoryjurisdiction of the appellate court as provided by Article V, Section l0 of theConst. of La-

Present law provides for appeals to the appropriate civil service commission for employeeswho have attained permanent status in the classified state or city civil service and to theappropriate higher education management board for a tenured public employee ofa publicinstitution ofhigher education. Provides that application for appeal must be made within 30days of when the decision becomes final.

Present law provides that a decision ofthe EAB or a panel thereofmay be appealed underplggggilA1g in the same manner as a decision of the BOE.

Proposed law changes time limitations for appeals in present law from within 30 days ofwhen the decision becomes final to within 30 days ofwhen notice ofthe decision is mailed.

Presentlaw (Administrative Procedure Act-R.S.49: 964) provides thatno agencyor officialthereof, or other person acting on behalf of an agency or official thereof shall be entitled tojudicial review of an administative adjudication.

Proposed law provides that the BOE may appeal a decision of the EAB or a panel thereofto the Court of Appeal, First Circuit, if application to the adjudicatoryboard is made within30 days after the mailing of notice of the decision of the adjudicatoryboard. Provides thatthe appeal shall be limited solelyto questions oflaw and shall be confined to the recordcreated at the hearing before the adjudicatory board or panel. Provides that if the Board ofEthics appeals a final decision ofthe EAB and does not prevail in the final disposition oftheappeal, the court may award reasonable attomey fees and court costs to the otler party.

Prooosed law provides that for purposes oforesent law (Code ofGovemmental Ethics) adecision of the BOE, the EAB, or a panel of eitherboard becomes final when all time delaysfor appeal or review have expired or rights ofappeal or review have been exhausted.

(Amends R.S.42:l142(A), (C), and @); Adds 42:1142(F))

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HLS IORS-I097


HOUSE BILL NO. I2O2


ORIGINAL

ETHICS/CODE: Provides relative to appeals of decisions enforcing laws within thejurisdiction of the Board of Ethics

I ANACT

2 To enact R.S. 42:1142(F), relative to enforcemsnt of laws within the jurisdiction of the

3 Board of Ethics; to provide relative to decisions conceming such enforsement; to

4 provide for appeal bythe Board ofEthics ofdecisions ofthe Ethics Adjudicatory

5 Board; to provide forthe scope ofreview ofsuch appeals; to providethat the Board

6 ofEthics shall be responsible for the payment ofthe reasonable attorney fees and

7 court costs ofthe other party for such appeals under certain circumstances; and to


9 Be it enacted by the Legislature oflouisiana:

l0 Section l. R.S. 42:1142(F)isherebyenactedtoreadas follows:

I I $1142. Appeals

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13 F.(l) The Board of Ethics may appeal a final decision of the Ethics

14 Adjudicatory Board on a question of law to the Coufi of Aooeal. First Circuit. if

15 application to the adjudicatory board is made within thi4v days after the decision of

16 the adjudicatorv board becomes final.

17 (2) Ifthe Board of Ethics appeals a final decision ofthe Ethics Adjudicatory

18 Boardand does notorevail inthe final disoositionofthe appeal. the Board ofEthics

L9 shall be responsible for the oayment ofthe reasonable attorney fees and court costs

20 ofthe otherparty.

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HLS IORS-1097 ORIGINALHB NO. 1202

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no partof the legislative instrumsnt. The keyword, oneJiner, abstract and digest do not constitutepartofthelaworprooforindiciaoflegislativeintent. [R.S.l:13(B) arlrd24:177(E)]

Gallot HB No. 1202

Abstracfi Allows the Board of Ethics to appeal decisions ofthe Ethics Adjudicatory Boardon questions of law, but provides that if the board does not prevail in the finaldisposition ofthe appeal, it shall be responsible for the payment ofthe reasonableattorney fees and court costs ofthe other party.

Present law (Code of Governmental Ethics) provides for the Board of Ethics (BOE) and theEthics Adjudicatory Board (EAB). Provides for the composition and the powers and dutiesofeach board.

Present law (R.S.42:1141) provides that the BOE receives complaints, conductsinvestigations conceming alleged violations of laws within its jurisdiction, and issuescharges based on such alleged violations. Provides that the EAB conducts hearings on thecharges to determine whether a violation has in fact occuned an4 if a violation has occuned,determines what authorized penalties or othsr sanctions should be imposed.

Present law (R5.42:1142)provides thatwhsnevsraction is taken against anypublic servantor person by the BOE or panel or by an agency head by order ofthe board or panel, orwhenever any public servant or person is aggrieved by any action taken by the board orpanel, he may appeal therefrom to the Court of Appeal, First Circui! if application to theboard is made within 30 days after the decision of the board becomes final. Provides thatany refusal by the board or panel to issue a declaratory opinion or any prelimiirary,procedural, or intermediate action or ruling by the board or panel is subject to thesupervisory jurisdiction of the appellate court as provided by Article V, Section l0 of theConst. of La"

Present law provides for appeals to the appropriate civil service commission for employeeswho have attained peNmanent status in the classified state or city civil service and to theappropriate higher education management board for a tenured public employee ofa publicinstitution of higher education.

Present law provides that a decision ofthe EAB or a panel thereofmay be appealed underoresent law in the same manner as a decision of the BOE.

Present law (Administrative Procedure Act-R.S.49: 964) provides thatno agenryorofficialthereof, or otherperson acting on behalfofan agency or official thereofshall be entitled tojudicial review of an administrative adjudication.

Proposed law provides that the BOE may appeal a final decision ofthe EAB on a quesfionof lawto the Court of Appeal, First Circuit, if application to the adjudicatoryboard is madewithin 30 days after the decision of the adjudicatory board becomes final. Provides that ifthe BOE appeals a final decision of the EAB and does not prevail in the final disposition ofthe appeal, the BOE shall be responsible for the paymenl of the reasonable attomey fees andcourt costs ofthe other party.

(Adds R.S. 42:1142(F))

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HLS IORS-I563


HOUSE BILLNO. I2O3


ORIGINAL

ETHICS/CODE: Provides for certain time limits for enforcing ethics code provisions

I ANACT

2 To amend and reenact R.S. 42:1169(E), to enact R.S. 42:1163.1, and to repeal R.S.

3 42:l lal(CX3)(c) and I163, relative to enforcement of laws within the jurisdiction

4 of the Board of Ethics; to provide relative to the powers, functions, and duties of the

5 Board of Ethics relative to such enforcunent; to provide for certain time limits for

6 such enforcement; to provide for applicability; and to provide for related matters.

7 Be it enacted by the Legislature bf Louisiana:

8 Section 1. R.S. 42: I I 69(E) is hereby amended and rednacted and I I 63.1 is hereby

9 enacted to read as follows:

10 $1163.1 Time limits on enforcement

I I The Board of Ethics shall not vote to issue charges based on an alleeed

12 violation ofan], orovision ofthis Chapter after ths exoiration ofthe shorter ofthe

13 following oeriods:

14 (1) One year following receipt by the board of the complaint of the alleeed

l5 violation or. if no complaint was received the date the board voted to consider the

L6 alleged violation. For ourooses ofthis Paraeraoh. "receipt by the board" means

l7 receiot by a member of the board- a member of the staff of the board. or any nerson

l8 employed by or acting on behalfofthe board" whichever occurs earliest.

19 (2) Four years after the occurrence of the alleged violation.

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HLS IORS.I563 ORIGTNALHB NO. 1203

I $ I I 69. Freedom from reprisal for disclosure of improper acts

2'N'i'N

3 E. Upon notification by the employee, the employee's agenry, the defendant,

4 or the defendanfs agenry that the employee has commenced a civil action in a

5 dishict or federal court or with a federal agency with adjudicatory authority over

6 smployment complaints against his agency pursuant to R.S. 23,967(8) or other

7 relevant state or federal statutes at any time prior to the board's final determination

8 astowhetheraviolation ofthis Sectionhas occurrodtheboardshall stayanyaction

9 pending before the board until a final order in the civil or adjudicatory action is

I 0 issued, and the prescriptive period provided for in R.S. 4*ti5,iforaetion 42:.1163.1

1l shall be suspended while such civil or adjudicarory action is pending and shall

12 resume when such final order is issued. The final order ofthe court in the civil

13 action or agency in an adjudicatory action, except ifthe action is dismissed by the

14 plaintiff, shall resolve all matters the employee has pending before the board

15 regardingthis Section.

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17 Section 2. R.S. a2:llal(QQ)(c) and I163 are hereby repealed in their entirety.

18 Section 3. The provisions of this Act shall not apply with respect to any alleged

19 violation that the Board ofEthics has voted to consider or about which the Board ofEthics

20 has received a complaint as of the effective date of this Act.

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no partof the legislative instument. The keyword oneJiner, abstract, and digest do not constitutepartofthelaworprooforindiciaoflegislativeintent. [R.S.l:13(B)and24:177(E)]

Gallot HB No. 1203

Abstract: Provides that the Board ofEthics shall not vote to issue charges based on analleged violation ofthe ethics code after the shorter of: (1) one year followingreceipt of the complaint or, if no complaint was received, the date the board votedto consider the alleged violation or (2) four years after the occurrence ofthe allegedviolation.

Present law (R.S. 42:l lal(C)(3Xc)) provides that if the Board of Ethics does not issuecharges within one year from the date upon which a sworn complaint is received or, if no

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sworn complaint was received, within one year from the date the board voted to consider thematter, the matter shall be dismissed.

Present law (R.5.42:1163) provides that no action to enforce anyprovision of BfegggilAlg(Code of Govemmental Ethics) shall be commenced after the expiration of two yearsfollowing the discovery ofthe occurrence ofthe alleged violation, or four years after theoccurence of the alleged violation, whichever period is shorter.

Proposed law repeals p1gsefiLlgg.

Prooosed law provides that the Board ofEthics shall not vote to issue charges based on analleged violation of anyprovision of g!44 (Code of Governmental Ethics) after theexpiration of the shorter of the following periods:

(l) One year following receipt bythe board of the complaint ofthe alleged violation or,if no complaint was received, the date the board voted to consider the allegedviolation.

@ Fouryears after the occrurence ofthe alleged violation.

Prooosed law provides that "receipt by the board" means receipt by a member ofthe boar4a mernber of the staffof the board or any person employed by or acting on behalf of theboard, whichever occurs earliest.

(Amends R.S. A:1169(E);Adds R.S.42:1163.1; Repeals R.S.42:l lal(C)(3Xc) and 1163)

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HLS l0RS-1108


HOUSE CONCURRENT RESOLUTIONNO. 51


ENGROSSEI)

ETHICS/BOARD: Requests the Board ofEthics to work with tlre office offacility planningand contol to determine the potential costs and feasibility of installing audio-videoequipment in the board's meeting room to recordo archive, and broadcast boardmeetings

1 ACONCIJRRENTRESOLUTION

2 To urge and request the Board of Ethics to work with the office of facility planning and

3 control to determine the potential costs and feasibility of installing audio-video

4 equipment in the board's meeting room to rscord, broadcast, and archive recordings

5 of board meetings.

6 WHEREAS , technology that may be utilized to record the meetings of a public body

7 and to broadcast and archive such recordings via the Intemet is in widespread use; and

8 WIIEREAS, a number of public bodies in Louisiana use zuch technology to make

9 meetings available to the public; and

l0 WFIEREAS, the Board of Ethics administers a number of different bodies of law,

I I including laws relative to ethics, campaign finance, and lobbying; and

12 WHEREAS, the work of the board affects people not only in the Baton Rouge area,

13 where it holds monthly mestings, but in every paxt of the state; and

74 WIIEREAS, intsrest in the work of the board has increased greatly in recent years;

15 and

16 WffiREAS, the board recently voted to require that public ethics meetings and

17 hearings be broadcast live via the Intemet and that audio-video archives and written minutes

18 ofprior meetings and hearings be provided online; and

19 WHEREAS, the board's meeting room is not fitted with equipment to allow board

20 meetings to be recorded, archived, and broadcast.

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HLS 10RS-1108 ENGROSSEDHCRNO.5I

I TFGREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby

2 urge and request the Board of Ethics to work witl the office of facility planning and control

3 to determine the potential costs and feasibility of installing audio-video equipment in the

4 board's meeting room to record, broadcas! and archive recordings ofboard meetings and xo

5 report its findings to the House Committee on House and Governmental Affairs and the

6 Senate Committee on Senate and Govemmental Affairs by May l, 2010.

7 BE IT FLJRTIIER RESOLVED that a copy of this Resolution be transmitted to the

8 chairman of the Board of Ethics and the commissioner of adminisfration.

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no part

of the legislative insfument. The keyword, one-liner, abstact, and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. l:13(B) erlid24:171@)l

Gallot HCRNo.5l

Requests the Board of Ethics to work with the office of facility planning and confrol 10

determine the potential costs and feasibility of installing audio-video equipment in theboard's meeting room to record broadcast, and archive recordings ofboard meetings and toreport its findings to the House Committee on House and Governmental Affairs and theSenate Committee on Senate and Govemmental Affairs by May l, 2010.

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sl,s 10RS-383


SENATEBILLNO. T2

BY SENATORAPPEL

ORIGINAL

ETHICS. Provides that certain provisions of the Code of Governmental Ethics areapplicable to judges. (8/15/10)

I ANACT

2 To amend and reenact R.S. 42:l170(A)(l) and to enact R.s. 42:1124.2(A)(5), relative to

3 ethical standards forpublic servants; to provide for financial disclosure requirements

4 and mandatory ethics education ofappointed and electedjudges; and to provide for

5 related matters.


7 Section 1. RS.42:1170(A)(l) is hereby amended and reenacted and R.S.

8 42:1124.2(A)(5) is hereby enacted to read as follows:

9 $1124.2. Financial disclosure; certain elected officials; members of cerlain boards

l0 and commissions; ethics administrator.i:iud&q


L2 statement pursuant to R.S. 42:1,124, shall annually file a financial statement as

13 provided in this Section:

14 (l) Each member of the state legislature.

15 (2) Each person holding a public office who represents a voting district

I 6 having a population of five thousand or more persons.

L7 (3) Each member of the Board of Ethics and the ethics administrator.

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sl,s 10Rs-383 ORIGINALSB NO. 72

(4) Each member ofthe State Board ofElementaryand SecondaryEducation.

(,5) Each member holdlng an appointed or elected position of judge to

the supreme court courts of appeal. distdct courts. or other courts authorized

by Article Y of the Constitudon of Loulsiana.

$ I 170. Ethics education; mandatory requirements; ethics designee

A.(1) Commencing with terms of office beginning January 1, 2008, and

thereafter, each statewide elected official, legislator, annointed and elected judge.

and public service commissioner shall receive a minimum of one hour of education

and naining on the Code of Govemmental Ethics during each year of his terrn of

office. Al1 newly elected officials shall receive the required one hour of education

training on the Code of Governmental Ethics within the first ninety days after taking

the oath of office. In addition, each statewide elected official, legislator, appointed

and elected iudge. andpublic service commissionershallreceive aminimum ofone

hour of education and training on the Campaign Finance Disclosure Act during his

terrn of office.

The original instrument and the following digest, which constitutes no partof the legislative instrument, were prepared by Ann S. Browu.

DIGEST

hessnt law provides that an annual financial staternent must be filed by the followingpersons:

(1) Legislators.

Q Elected officials representing a voting district with a population of 5,000 or more.

(3) Board of Ethics members and the ethics administrator.

(4) BESE members.

Proposed law retains present[q4 and extends the financial disclosure requirements toappointed and elected judges.

Present law provides for mandatory ethics educational faining for statewide electedofficials, legislators, and the public service commissioner. The training requirements axe:

(a) The Code of Governmental Ethic ----- faining annually.

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sLS 10RS-383 ORIGINALSB NO. 72

(b) The campaign Finance Disclosure Act ----- training during their terrn of office.

Proposed law retains oresent law and extends the mandatory ethics educational trainingrequirements to appointed and electedjudges.

Eflective August I 5, 2010.

(Amends R. S. 42 : 1 1 70(A)(1 ); adds R.S. 42 I r24.2(AX5)

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SLS IORS-394


SENATE BILLNO. 126

BY SENATORADLEY

ORIGINAL

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ETHICS. Provides tltat the provisions of the Code of Governmental Ethics prohibiting orrestricting contracts involving the secretaqr, deputy secretary, undersecretary, and assistantsecretary, or equivalent position ofeach state departrnent shall also apply to the spouses andimmediate family members of such officials. (gov sig)

AN ACT

To amend and reenact R.S.42: I I l3(D)(l)(a)(i) and (bXi) and to repeal R.S. 42: l1 l3(DX6),

relative to conflicts of interes! to provide relative to certain contracts involving

certain public servants and certain affiliated per$ons and entities; to provide

restrictions on certain conmcts with respect to certain persons; and to provide for

related matters.


Sectionl. R.S.42:1113(D)(1)(a)(i)and(bXi)areherebyamendedandreenactedto

read as follows:

$l I 13. Prohibited conhactual arrangements; exceptions; reports

D.(l)(a)(i) No person identified in ltem (ii) of this Subparagraph"lqlorthe

spouse or immediate famlly members of such persono nor any legal entity ofa such

person shall enter into any conmct with state government.

(bXi) No immediare family member, exeep.t1hexp'ousq lncluding the

spouse. ofa person identified in ltem (a)(ii) ofthis Paragraph, nor any legal entity

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sLS l0Rs-394 ORIGINALsBNO.126

of a family member shall enter into any confiact with state government unless the

contract is awarded by competitive bidding after being advertised and awarded in

accordance with Part II of Chapter l0 of Title 38 of the Louisiana Revised Statutes

of I 950 or is competitively negotiated through a request for proposal process or any

similar competitive selection process in accordance with Chapter 16 or 17 of Title

39 of the Louisiana Revised Statutes of 1950; however, this exception for

competitivelynegotiated contracts shall not include contracts for consulting services.

Section 2. R.S.42:l I l3(D)(6) is hereby repealed in its entirety.

Section 3. This Act shall become effective upon signature by the governor or, if not

sigtedbythe govemor, upon expiration ofthe time forbills to become lawwithoutsignature

by the govemor, as provided by Article III, Section 1 8 of the Constitution of Louisiana. If



The original instrument and the following digest which constitutes no partof the legislative instrument, were prepared by Alden A. Clemant, Jr.

DIGEST

Present law. with respect to contractual axrangements under the Code of GovemmentalEthics, provides that none ofthe following persons, nor the spouse, nor any legal entity ofsuch person, is permitted to enter into any contract with state government:

( I ) A legislator and any penon who has been certified by the secretary of state as electedto the legislature.

q The govemor and each person holding statewide elected office.

(3) The secretary, deputy secretary, undersecretaq/, and each assistant secretaryo or theequivalent position of the Department of Economic Development.

(4) The secretary, deputy secretary, undersecretary, and each assistant secretary, or tlreequivalent position of the Departrnent of Culture, Recreation and Tourism.

(5) The secretary, deputy secretary, undersecretary, and each assistant secretary, or theequivalent position of the Department of Environmental Quality.

(6) The secretary, deputy secretary, undenecretary, and each assistant secretary, or theequivalent position of the Departmant of Health and Hospitals.

(7) The secretary, deputy secretary, undersecretary, and each assistant secretary, or theequivalent position of the Departrnent of labor.

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SLS IORS-394 ORIGINALss No. tzo

(8) The secretary, deputy secretary, undersecretary, and each assistant secrotary, ortheequivalent position of the Deparfirent of Natural Resources.

(9) The secretary, deputy secretary, undersecreta4r, and each assistant secretary, or theequivalent position of the Departrnent of Public Safety and Conections and anywarden or assistant warden of a state penal institution.

(l 0) The secretary, deputy secretary, undersecretary, and each assistant secretary, or theequivalent position of the Deparffnent of Revenue.

(l I ) The secretary, deputy secretary, undersecretary, and each assistant secretary, or theequivalent position of the Depafimant of Social Services.

(12) The secretary, deputy secretary, undersecreta4r, and each a$si$tant secretary, or the

equivalent position of the Departrnent of Transportation and Development.

(13) The secretary, deputy secretaryo undersecretary, and each assistant secretary, ortheequivalent position of the Department of Wildlife and Fisheries.

(14) The secretary, deputy secretary, undersecretary, and each assistant secretary, or theequivalent position of the Department of Veterans Affairs.

(15) The executive secretary of the Public Service Commission.

(16) The director ofstate civil service.

(17) Each member of the State Board of Elementary and Secondary Education.

(18) The commissioner of higher education and the president of eachpublicpostsecondary education system.

(19) Each member of the Board of Ethics and the othics adminisfiator.

Q0) The chief of staffto the governor.

(21) The commissioner of the division of adminisffation.

(22) The executive counsel to the govemor.

(23) The legislative director for the govemor.

(24) The deputy chiefofstallto the governor.

(25) The director of policy for the govemor.

(26) The assistant commissioner for management and finance, the deputy commissioner,the conlidential assistant, and each assistant commissioner of the Deparfrnent ofAgriculture and Foresfy.

Q7) The superintendent ofeducation, the deputy superintendent ofeducation, the deputysuperintendent formanagement and finance, and each assistant superintendent oftheDepartrnent of Education.

(28) The chief deputy commissioner, each deputy commissioner, the assistantcommissioner, and the executive counsel of the Deparfnent of Insurance.

Q9) The first assistant attomey gsneral of the Department of Justice.

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SLS IORS-394 ORIGINALsB NO. 126

(30) The deputy secretary ofthe Departrnent ofState, the deputy secretary for the officeof the Uniform Commercial Code, and the deputy secretary for the office ofGeauxBiz or his successor.

(3 I ) Each deputy state treasurer and each assistant state treasurer ofthe Department of theTreasury.

Pronosed law extends the prohibition contained in pfgggltlat4 to the immediate familymembers of the persons enumeratod in @!law. Prooosed law otherwise retains EgentlIe.w.

Present law further prpvides that no immediate family member, except the spouse, of anyof the persons snumerated in present law. nor any legal entity of a family member of suchperson, are permitted to enter into any confi?ct with state government unless the contract isawarded by competitive bidding pursuant to g!g;4 or is competitively negotiatedthrough a request for proposal process or any similar competitive selection process inaccordance with pressnt law. Present law provides that this exception for competitivelynegotiated contracts does not include contracts for consulting services.

Proposed law extends the prohibition contained in present law to the spouse ofthe personsenumemted in present law. Proposed law othenrise retains ry|lgw.Present law further provides that the prohibitions contained in oresent law do not apply tothe spouses and immediate family mernbers of the deputy secretaries, undersecretaries,assistant secretaries, or equivalent positions in the following agencies:

(l) Department of Economic Development.

@ Department of Culture, Recreation, and Tourism.

(3) Department of Environmental Quality.

(4) Department of Health and Hospitals.

(5) DeparfrnentofLabor.

(6) Department of Natural Resources.

(7) Deparfrnent ofFublic Safety and Corrections.

(8) DeparunentofRevenue.

(9) Department of Social Services.

(10) Deparfinent of Transportation and Development.

(11) Department of Wildlife and Fisheries.

(12) Department of Vetemns Affairs.

(13) Department of Agriculture and Forestry.

(14) Department of Education. '

(15) DepartrnentofInsurance.

(16) Department of Justice.

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sLS l0Rs-394 ORIGINALsB NO. 126

(17) Deparfrnentofstale.

(18) Deparfrnent of the Treasury.

Prooosed law deletes the exemption from ry!!94 provided to the spouses and immediatefamily memben of the deputy secretaries, undersecretaries, assistant secretaries, orequivalent positions in the agencies enumerated in oresent-!3w.

Proposed law otherwise retains oresent law.

Effective upon signature of the govemor or lapse of time for gubernatorial action.

(Amends R.S.42:l113(oXlXaXD and (b)(i); repeals R.S. 42:1113(DX6)

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SLS IORS-890


SENATE BILLNO.277

BY SENATORMARTINY

ORIGINAL

ETHICS. Provides relative to disclosure of gifu made to institutions ofhigher education byforeign govemments, pcrsons, and entities. (8/15/10)

I ANACT

2 To enact R.S. 42:1113.2, relative to the Code of Governmental Ethics; to provide relative

3 to disclosure ofgifts made to institutions ofhigher education by certain entities and

4 individuals; to provide for definitions; and to provide for related matters.


6 Section 1. R.S. 42:1113.2 is hereby enacted to read as follows:

7 $1113.2. Disclosure of sifts made to higher education institutions by foreign

8 sovernments. nersons. and entities

9 A. As used in this Section the following terns shall have the followine

10 meanings unless the context clearly reouires otherwise:

1l (1) nForeign governmentr shall mean any sovernment other than the

12 United States government orthe governmentof a state or a nolitical subdivision

l3 thereofand shall include an agent ofsuch government

14 (2) f'Foreign legal entitv'r shall mean any of the following:

15 (a) Any legal entitv created under the laws of a foreisn governmenl

16 (b) Any lepal entity created under the laws ofthe United States or of any

17 state of the United States if a majority of the ownership of the stock of such lesal

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sl.s l0RS-890 ORIGINALsB NO. 277

enti8 is directly or indirecfly owned legally or beneficially by one or more

foreign governments or one or more foreign persons or one or more legal

entities created under the laws of a foreign govemment or if a majoritv of the

membership of anv such entitv is conposed of foreign nersons or legal entities

created under the laws of a foreign government and shall include an agent of

such leeal entity.

(3) frFiscal yearfr shall mean the fiscal year of the resoective higher

education institution.

(4) rrForeisn personfr shall mean any indiyidual who is not a citizen or

national of the Unlted States or a trust territory or nrotectorate of the United

States and shall lnclude an aeent ofsuch individual.

(5) rrGiftr shall mean an endowment scholarshin. gift. donation. grant

or award of money or propertv of any kind. rrGift'r shall also include entering

into a contract or other asreement to make a sift

(61 rHigher education institutionr shall mean each public or private

nostsecondalv. academic degree-granting institution offering instruction in the

state which is reauired by R.S. 17:1808 to reeister with the Board of Regents.

B.(1) Every higher education institution in this state shall disclose the

amount terms. restrictions. and recuirements attached to or made a part of any

gift of a value in excess of one hundred thousand dollars made to such

institution by a foreign governmenl foreien legal enti8. or foreign person fur

any fiscal year. If the foreign government foreign legal entity. or foreign

person makes more than one gift to an institution in any liscal year. and the

total value of those gifts in such liscal year exceeds one hundred thousand

dollars. the institution shall disclose all of such gifts received.

(2) The disclosure reouired by this Section shall be made in a reoort to

the Board of Regents. which report shall be tiled with the Board of Regents and

the Board of Ethics no later than thirty days after the final dav of the

institution's liscal year.

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SLS 1ORS-890 ORIGINALSB NO.277

C. The report required by Subsection B ofthis Section shall include all

of the following:

(1) The amount ofthe gift and the date on which the sift was made to the

higher education institution.

(2) If the gift is conditional. matching. or designated for a particular

nurpose. full details ofthe conditions. matchine provisions. or desienatlon.

(3) The name ofthe foreiqn government in the case of a gift by a foreign

government

(,4) The name of the foreien country in which a foreisn entitv or foreisn

nerson is principally located or resides in the case ofa gift by a foreign entity or

foreign person.

(5) The name of the foreien entitv. in the case of a gift which either:

(a) Contains conditions or restrictions regarding the control of

curricula" employment or termination of faculty. admission of students. or

student fees.

(b) Is contingent upon the agreement of the institution to take any

specific public position or actions or to award any honorar.v degree.

(6| The DurDose or Dun oses for which the sift will be used.

D. The report and all information in the report shall be a public record.

E. Any gift subject to disclosure as reouired by this Section that is not

disclosed as required in this Section shall be forfeited to the treasury ofthe state

oflouisiana and the institution ofhieher education shall forfeit such sift to the

state treasurer not later than sixty days after the day the dlsclosure report in

which the gift should have been disclosed was required to be filed with the

Board ofRegents and the Board ofEthics.

F. Atthe reouest ofthe Board ofReeents. the attorney general may file

a civil. action to compel a higher education institution to comply with the

nrovisions of this Section.

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SLS IORS-890 ORIGINALsB NO.277

The original instrument and the following digest which constitutes no partof the legislative instrumen! were prepared by Alden A. Clement Jr.

DIGEST

Proposed law provides the following definitions relative to plelesgdlalg:

(l) "Foreign govenrment" means any government other than the United Statesgovernment or the government of a state or a political subdivision thereof and shallinclude an agent of such govemment.

(2) "Foreign legal entity" means any of the following:

(a) Any legal entity created under the laws of a foreigrr govemment.

O) Any legal entity created under the laws of the United States or of any stateof the United States if a majority of the ownership of the stock of such legalentity is directly or indirectly owned legally or beneficially by one or moreforeign govemments or one or more foreign persons or one or more legalentities created under the laws of a foreigu govemment or if a majority of themembership of any such entity is composed of foreign persons or legalentities created under the laws of a foreign government and shall include anagent ofsuch legal entity.

(3) "Fiscal year" means the fiscal year ofthe respective higher education instituxion.

(4) "Foreign person" means any individual who is not a citizen or national ofthe UnitedStates or a trust territory or protectorate of the United States and shall include anagent of such individual.

(5) "Gift" means an endowmen! scholarship, gift, donation, grant, or award of moneyor property of any kind. "Gift" also includes entering into a contract or otheragreemsnt to make a gift.

(6) "Higher educalion institution" means each public orprivatepostsecondary, acadernicdegree-granting institution offering instruction in the state which is required byry1!-lgryto registerwith the Boardof Regents.

Proposed law provides that every higher education institution in this state must disclose theamount, terms, restrictions, andrequirements attachedto ormade a part ofanygift ofavaluein excess of $ 1 00,000 made to such institution by a foreign government foreigrr legal entity,or foreign person in any fiscal year. Prooosed law further provides that if the foreigngovernment foreign legal entity, or foreign person makes more than one gift to an institutionin any fiscal year, and the total value ofthose gifts in such fiscal year exceeds $ I 00,000, theinstitution must disclose all of such gifts received.

Proposed law provides that the disclosure required byproposed law is to be made in a reportto the Board of Regorts, which report is to be filed with the Board of Regents and the Boardof Ethics no later than 30 days after the final day of the institution's fiscal year.

Proposed law provides that the report required by oroposed law is to include all ofthefollowing:

(1) The amount of the gift and the date on which the gift was made to the highereducation institution.

Ifthe gift is conditional, matching, or designated for a particular purpose, full details

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Q)


SLS lORS-890

ofthe conditions, matching provisions, or designation.

ORIGINALsB NO. 277

(3) The name of the foreign governmen! in the case of a gift by a foreign government.

@ The name of the foreign country in which a foreign entity or foreign person isprincipally located or resides in the case of a gift by a foreigrr entity or foreignperson.

(5) The name of the foreign entity, in the case of a giftwhich either:

(a) Contains conditions or restrictions regarding the control of curricul4employment or termination of faculty, admission of students, or student fees.

(b) Is contingentupon the agreement ofthe institution to take anyspecificpublicposition or actions or to award any honorary degree.

(6) The purpose or purposes for which the gift will be used.

Proposed law provides that the report and all information in the report will be a publicrecord.

Proposed law provides that any gift subject to disclosure as required by BlABAsed lgil thatis not disclosed as required byorooosed law is to be forfeited to the treasury ofthe state andthe institution ofhigher education is to forfeit such gift to the state treasurer not later than60 days after the day the disclosure report in which the gift should have been disclosed wasrequired to be filed with the Board of Regents and the Board of Ethics.

Prooosed law provides thaq at the request ofthe Board of Regents, the attorney general mayfile a civil action to compel a higher education institution to comply with the provisions ofprooosed law.

Effective August 15, 2010.

(Adds R.S. 42:lll3.2)

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SLS IORS-421


SENATE BILL NO. 3IO

BY SENATOR KOSTELKA

ORIGINAL

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ETHICS. Provides relative to the Code of Governmental Ethics. (gov sig)

AN ACT

To amend and reenact R.S.42:1141(Q( )(a) and (c) and (5) and (EX10) and ll42(E),

relative to enforcement of laws within the jurisdiction of the Board of Ethics; to

provide relative to the powerso functions, and duties of the Ethics Adjudicatory

Board; to provide relative to appeals ofboard decisions; and to provide for related

matters.


Sectionl. R.S.42:ll l(Q(a)(a)and(c)and(5)and(8X10)and1142(E)arehereby

amended and reenacted to read as follows:

$1 141. Procedure; adjudicatory board

C. Investigation and hearing.

(4)(a) The directorofthe division ofadministrative law shall randomlyselect

seven administrative law judges from among those who meet the qualifications to

comprise the Ethics Adjudicatory Board. The last selectediudge shall serve as the

alternate Members of the adjudicaXory board shall have not less than two years of

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SLS 1ORS-42I ORIGINALsB NO. 310

experience as an administrative lawjudge ornot less than ten years experience in the

practice of law.

(c) Selection. 0) The members of the Ethics Adjudicatory Board shall be

randomly selected at a public meeting ofthe Board of Ethics, from among the names

of all administrative law judges who meet the qualifications.:ftrc-mcmborsofthe

The initial

current Ethics Adjudicatory Board shall serve unrtil@e09 through

December 31.2010. Thereafter, the adjudicatory board members shall be selected

arrnratly to each serye a onedyear two-year term from January first through

December thirty-first

@ at the December a public meeting held by the

Board of Ethics in @ even-numbered years. There

shall be no limitation on the number of times a qualified member may be selected to

sgrve.

fiil A vacancy on either three-judge oanel shall be filled by the alternate

iudge.

(iii) A vacancy on the Ethics Adjudicatory Board shall be lilled for the

unexnired term at the next nublic meeting of the Board of Ethics and in the

same manner as for the orielnal selection. The last selected judge shall serve as

the alternate.

(5) Ifthe ethics adjudicatory panel determines that a violation has occurred

and prescribes authorized penalties or other sanctions, tle public servant or person

may appeal as set forth in RS. 42:1142

issuc-a

E. Procedure. 'N' '1. 'l

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IORS-42I ORIGINALSBNO.3IO

(1 0) Anypublic servant or otherperson who is aggrievedby any action taken

by a panel of the Board of Ethics may request a review of the panel's decision by

the board full Board of Ethics within thirty days of the panel's decision. The board

shall determine whether or not to review the pane|s action within thirty days of the

requsst for review.

$l 142. Appeals

E. A decision of the Ethics Adjudicatory Board or a panel thereoflgj!@!

decision that may be appealed under this Section iffiision

oflffidrics within thirty days after the mailing of the notice of the

decision. or if a rehearing is requested. within thirtv days after mailing of the

decision on the rehearine.

Section 2. This Act shall become effective upon sigrrature by the govemor or, if not

signedbythe governor, upon expiration ofthetime forbills tobecome lawwithout signature

by the governor, as provided by Article III, Section 18 ofthe Constitution oflouisiana. If


effsctive on the day following such approval.

The original instrument and the following digesg which constitutes no partof the legislative instrument were prepared by Alden A. Clement, Jr.

DIGEST

Present law provides that the director of the division of administrative law is to randomlyselect seven administrative law judges from among those who meet the qualifications tocomprise the Ethics Adjudicatory Board. Present law provides that memben of theadjudicatory board must have at least two years of experience as an administrative law judgeor not less than ten years experience in the practice oflaw.

Proposed law retains prygllgw and further provides that the last selected judge will serveas the alternate.

Present law provides that the members ofthe Ethics Adjudicatory Board are to be randomlyselected at a public meeting of the Board of Ethics from among the names of alladministrative law judges who meet the qualifications. Present law provides that the initialEthics Adjudicafory Board will serve until January 1,2009, and thereafter the adjudicatoryboard members shall be selected annuallyto serve a one year 0erm from January 1" throughDecernber 3 ls. Present law provides that the adjudicatory board members for the years2009 andbeyond are tobe randomlyselectedatapublic meetingheldbythe Board of Ethics

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SLS IORS-42I ORIGINALsB NO. 3r0

in December ofthe preceding year. Present law provides that there will be no limitation onthe number of times a qualified member may be selected to serve.

Proposed law provides that the current Ethics Adjudicatory Board will serve throughDecember 3 I , 2010, and thereafter the adjudicatory board mernberr will be selected to eachserve a two'year term from January fint through December thirly-first at the Decemberpublic meeting held by the Board of Ethics in even-numbered years.

Proposed law further provides that a vacancy on either three-judge panel is to be filled bythe alternate judge, and avar,arrcy on the Ethics Adjudicatory Board is to be filled for theunexpired term at the next public meeting of the Board of Ethics and in the same manner as

for the original selection, with the last selectedjudge serving as the alternate.

Prooosed law otherwise retains pXggenl[ggg.

Pressnt law provides that ifthe ethics adjudicatory panel determines that a violation hasoccurrod and prescribes authorized penalties or other sanctions, the Board of Ethics mustissue a decision adopting the determination ofthe ethics adjudicatory panel within 45 daysof the issuance of the determination by the ethics adjudicatory panel.

Proposed law deletes the provision ofpresentflq4 requiring the Board ofEthics to adopt thedetermination of the ethics adjudicatory panel, and further provides that if the ethicsadjudicatory panel determines that a violation has occurred and prescribes authorizedpenalties or other sanctions, the public servant or person may appeal as set forth in preseng

lals.

Present law provides that a decision ofthe Ethics Adjudicatory Board or a panel thereofmaybe appealed undergg!@lelg in the same manner as a decision of the Board of Ethics.

Prooosed law provides that a decision ofthe Ethics Adjudicatory Board or a panel thereofis a final decision that may be appealed under 41!g4 within 30 days after the mailingof the notice of the decision, or if a rehearing is requested" within 30 days after mailing ofthe decision on the rehearing.

Effective upon signature ofthe governor or lapse oftime for gubernatorial action.

(Amends R.S. 42:l141(C)(a)(a) ad (c) and (5) and (EXl0) and 1142(E))

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SLS IORS-434


SENATE BILL NO.418

BY SENATORKOSTELKA

ORIGINAL

ETHICS. Provides relative to the Code of Governmental Ethics. (gov sig)

ANACT

To amend and reenact R.S.42:1141(C)(3)(a), (c) and (d) and 1163, and to enact R.S.

a2:ll \QQ)(e),relativeto enforcementoflawswithinthejurisdiction oftleBoard

of Ethics; to provide for procedures relative to such enforcement; and to provide for

related matters.


Section 1. R.S. 42:1141(C)(3)(a), (c) and (d) and 1163 are hereby amended and

reenacted and RS. 2:llalQ)Q)(e) is hereby enacted to read as follows:

$l l4l. Procedure; adjudicatory board

C. Investigation and hearing.

(3Xa) If the board determines following an investigation that a public hearing

should be conducted, the board shall issue charges in a letter sent by certified mail

to the person accused of a violation (frchargesrf). A public hearing shall be

conducted to receive evidence relative to the facts alleged in the charges and to

determine whethsr any violation of any provision of law within the jurisdiction of

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SLS 1ORS434 ORIGINALsB NO.418

the board has occurred. The public hearing on such charges shall be conducted by

the Ethics Adjudicatory Board in accordance with the Administrative Procedure Act

and this Part.

(c) @ A matter shall be dismissed if the

board does not issue charges wilhin one year from the date upon which a signed

sworn complaint is g received by the board or its staff orjfirasvlcrrcomplaint

ffi.(O If no signed sworn comolaint was received. a matter shall be

dismissed if either:

(i) The board does not issue charges within two years from the date the

board or its staff discovers the alleged violation.

(ii) The board does not issue charges within one year from the date the

board voted to consider the matter as nrovided for in Subsection B.

(O (4 The board shall consider offering a consent opinion to each person

who is the subject of an investigation.

$1163. Prescription

tffiion The Board of Ethics shall not issue charges to enforce any

provision of this Chapter sfialft'ceormnEneed after the expiration oftlvo ful years

followingt@the occurrence ofthe alleged violation;orft,urycasaftcr

This fouryear

neriod is a preemntive neriod that may not be interrupted.


sigledbythe governor, upon expiration ofthetime forbills to become lawwithout signature

by the govemor, as provided by Article III, Section 18 of the Constitution of Louisiana. If



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SLS IORS-434 ORIGINALsB NO.418

The original instrument and the following digest, which constitutes no partof the legislative instrument were prepared by Alden A. Clernent, Jr.

DIGEST

Present law provides. that if the Board of Ethics determines following an investigation thata public hearing should be conducted the board is to issue charges and a public hearing willbe conducted to receive evidence relative to the facts alleged in the charges and to determinewhether any violation of any provision of law within the jurisdiction of the board hasoccurred. Present law provides that the public hearing on such charges will be conductedby the Ethics Adjudicatory Board in accordance with rylIA1A.

Prooosed law provides that ifthe Board of Efhics determines following an investigation thata public hearing should be conducted, the board must issue charges in a letter sent bycertified mail to the person .rccused of a violation, to be known as the "charges."

Present law provides that ifthe board does not issue charges within one year from the dateupon which a sworn complaint is received or, if no sworn complaint was received, withinone year from the date the board voted to consider the matter, then the matter is to bedismissed.

Proposed law specifies that a sworn complaint must be signed, and that such complaint canbe received by the board or its staff.

Proposed law further provides that a matter is 1o be dismissed if the board does not issuecharges within one year from the date upon which a sigrred sworn complaint was receivedbytheboardorits staff.

Proposed law further provides that if no signed sworn complaint was received, a matter isto be dismissed if either:

(l ) The board does not issue charges within two years from the date the board or its staffdiscovers the alleged violation.

(2) The board does not issue charges within one year from the date the board voted toconsider the matter as provided for in present law.

Presilt lawprovides thattheboard is requiredto consideroffering aconsent opinion to eachperson who is the subject ofan investigation.

Present law provides that no action to snforce any provision ofpfssg$lg$/ (Code ofGovernmental Ethics) can be commenced after the expiration of two years following thediscovery ofthe occurrence ofthe alleged violation, or four years after the occurrence ofthealleged violation, whichever period is shorter.

Prooosed lawprovides thatthe BoardofEthics cannot issue charges to enforce anyprovisionof plsgtlglg (Code of Governmental Ethics) after t}te expiration of four years followingthe occurrence of the alleged violation, and specifies that this four year period is apreernptive period that may not be interrupted.


(Amends R.S.42:1141(C)(3)(a), (c) and (d) and I163; adds R.S. 42:1141(CX3)(e))

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SENATE BILL NO.47O

BY SENATORLONG

ORIGINAL

ETHICS. Provides relative to conflicts of interest. (8/15/10)

AN ACT

To enact R.S.42:l 123(l 8)(d), relativeto conflicts ofinterest; toprovidethatcertain children

of members ofboards of commissioners of certain hospitals may contract with such

hospitals under certain circumstances; and to provide for related matters.


Section l. R.S. 42:l 123(18)(d) is hereby enacted to read as follows:

$l 123. Exceptions

This Part shall not preclude:

(l8Xa) 'r 'r' 'l'

(d) Anv child of a member of a board of commissioners. which child is

a licensed physician. for any hospital service district authorized by Chapter 10

ofTitle 46 ofthe Louisiana Revised Statutes of1950. Iocated within a parish

that has a population oflifty thousand or less or for a hospital that is specified

as rural. from contracting with the hosoital over which the board exercises

iurlsdiction" from subcontracting with another provider who contracts witl

such hospital. or from owning an interest in any enti8 that contracts with such

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sLS l0Rs-881 ORIGINALsB NO.470

hosnital: except that such board member shall recuse himself from particinatlng

in any transaction before the board relating to any contracts entered into by the

child. or by any providerwith which the child contracts. or any enfity ln which

the child owns an interest and permitted by this Paragraph.

The original in$trument and the following digesg which constitutes no partof the legislative instrumen! were prepared by Alden A. Clemen! Jr.

DIGEST

Present law provides exemptions from oresent law relative to conflicts ofinterest for certainpgrsons under certain circumstances.

Proposed law retains oresent law and further provides that any child of a member of a boardof commissioners, which child is a licensed physician, for any hospital service districtauthorizedbyoresent law and locatedwithin aparishthathas apopulation of 50,000 or lessor for a hospital that is specified as rural, from contracting with the hospital over which theboard exercises jurisdiction, from subcontracting with anotherproviderwho contracts withsuch hospital, or from owning an interest in any entity that contracts with such hospital.

Prooosed law provides, hor{ever, that such board mernber must recuse himself fromparticipating in any transaction before the board relating to any contracts enlered into by thechild or by any provider with which the child contracts, or any entity in which the childowns an interest permitted by present law.

Effective August 15, 201 0.

(Adds R.S. a2:1 123(18)(d))

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SLS IORS-1038


SENATE BILL NO. 477

BY SENATOR N. GAUTREAI.X

ORIGINAL

ETHICS. Requires certain public servants to disclose certain financial information.(8/l5i l0)

I ANACT

2 To amend and reenact R.S.42:1124(4)(6), relative to financial disclosure; to provide

3 disclosure requirements for certain public servants; and to provide for related

4 matters.


6 Section l. R.S.42:1124(4)(6) isherebyamendedandreenactedtoreadasfollows:

7 $ I 124. Financial disclosure; statewide elected officials; certain public servants

8 A. Thefollowingpersonsshall annuallyfileafinancial statementasprovided

9 in tlis Section:

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I I (6) The commissioner of the division of administrarion. th9.-99@!gner,

12 of conservation. the commissioner of financial institutions. the commissioner of

l3 insurance. the commissioner of public linance. and the commissioner of nublic

14 oropertv.

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SLS IORS.1038 ORIGINALsB NO. 477

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 the following pcrsons must annually file a financial statement as

provided in prssggilgru:

(l) Each person holding statewide elected office.

@ The secretary of each of the following depmtments of state govemment:

(a) The Departnent of Economic Development.

(b) The Departrnent of Culture, Recreation and Tourism.

(c) The Departrnent of Environmental Qualrty.

(d) The Deparftnent of Health and Hospitals.

(e) TheDepartrnentoflabor.

(0 The Departrnent of Natural Resources.

(g) The DeparfrnentofPublic Safety and Corrections.

(h) TheDepartnentofRevenue.

(r) The Deparhnent ofSocial Services.

0) The Deparfinent of Transportation and Development.

(k) The Department of Wildlife and Fisheries.

0) The Departrnent of Veterans Affairs.

(3) The executive secretary ofthe Public Service Commission.

(4) The director ofstate civil service.

(5) The superintendent of education, the commissioner of higher education, and thepresident ofeach public postsecondary education system.

(6) The commissioner of the division of administration.

(7) The policy director in the sffice of the governor.

(8) The chiefofstaffofthe office ofthe governor.

(9) The executive counsel to tlre govemor.

(10) The deputy chief of staffof the office of the governor.

(l l) The legislative director in tlre office of the governor.

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Proposed law retains ESeULlArv and also provides that the following public servants mustalso file the financial statements provided for by pfgentlalU:

(l) The commissioner of conservation.

(2) The commissioner of financial institutions.

(3) The commissioner of insurance.

(4) The commissioner of public finance.

(5) The commissioner of public property.


(Amends R.S. 42: I 124(4)(6))

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SLS IORS.57O


SENATE BILL NO. 492

BY SENATORNEVERS

ORIGINAL

EIT{ICS. Brings the goveming boards of charter schools under the financial disclosurerequirements ofthe Ethics Code. (8/15/10)

I ANACT

2 To enact R.S. 42l.1124.2.1(A)(4), relative to financial disclosure; to provide tlrat members

3 of the goveming or management board of a charter school are subject to certain

4 frnancial disclosure requirements; and to provide for related matters.


6 Section l. R'5.42:1124.2.1(AX4) is hereby enacted to read as follows:

7 $ 1124.2.1Financial disclosure; members of boards and commissions


9 statement pursuant to R.S. 42:1124 or 1124.2, shall annually file a financial

l0 statement as provided in this Section:

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(4) Each member of the eoverning authority or management board of a

charter school created pursuant to Chaoter 42 ofTitle 17.

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SLS IORS.57O ORIGINALsB NO. 492

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 each ofthe following persons, excspt a person whg is required tofile a financial statement pursuant under "Tier l" or "Tier 2" of present law. must annuallyfile a financial statement with the Board of Ethics as provided for in present law relative to

"Tier 2. l " reporting requirements:

( I ) Each member and any designee of a member of a board or commission tiat has tlteauthority to expend, disbursg or invest ten thousand dollars or more of funds in afiscal year.

(2) Each member of the State Civil Service Commission.

(3) Each member of the Board of Commissioners of the Louisiana Stadium andExposition District.

Proposed law provides that each member of the goveming authority or management boardof a charter school created pursuant to ry3lalg must also file the "Tier 2.1 " financialdisclosure report required by oresent!.lglg.

Proposed law otherwise retains reg|lery.


(Adds R. S. 42 : I r24.2.r (1r) (4))

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SLS 1ORS-I053


SENATE BILL NO. 622

BY SENATORWALSWORTH

ORIGINAL

ETHICS. Provides relative to conflict of interest laws. (gov sig)

I ANACT

2 To amend and reenact R.S. 42:1 123(32), relative to the Code of Governmental Ethics; to

3 provide that any person who has a contract for advertising services with an agency

4 is allowed to enter into contracts with any other person who engages in a transaction

5 with that agency; and to provide for related matters.


7 Section l. R.S. 42:1 123(32) is hereby amended and reenacted to read as follows:

8 $l 123. Exceptions


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(32) Any person who has a contract for advertising services with the

Department of Culture, Rscreation and Tourism@

Fisheries. the Department of Economic Development or the Department of

Agriculture and Forestr.v from entering into contracb with any other person who

engages in any transaction with the Department of Culture, Recreation and Tourism.

the Department of Wildlife and Fisheries. the Department of Economic

Ilevelopment or the Denartrnent of Agriculture and Forestr.v.

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SLS IORS-I053 ORIGINALsB NO. 622


signedbythe governor, upon expiration ofthetime forbills tobecome lawwithout signature

by the governor, as provided in Article III, Section 18 ofthe Constitution oflouisiana. If

vetoed by the govemor and subsequently approved by the legislature, this Act shall become

effestive on the day following such approval.

The original instrument and the following digest, which constitutes no paxtof the legislative instrumen! were prepared by Alden A. Clement Jr.

DIGEST

Pressnt law provides that p1ggenf lqg (Code of Governmental Ethics) does not preclude anyperson who has a contract for advertising services with the Dspartment of Culture,Recreation and Tourism from entering into contracts with any other person who engages inany fiansaction with the Department of Culture, Recreation and Tourism.

Proposed lawretains@!Awand furtherprovides thatanypersonwho has acontract foradvertising services with the Dspartrnent of Wildlife and Fisheries, the Department ofEconomic Development, or the Department of Agriculture and Forestry is not prohibitedfrom entering into contract$ with anyotherperson who engages in anytransaction with thoseagencies.

Effective upon signature ofthe governor or lapse oftime for gubernatorial action.

(Amends R.S. 42: I 123(32))

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sl.s 10Rs-60


SENATE CONCURRENT RESOLUTION NO.2

BY SENATORMURRAY

ORIGINAL

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ETHICS. Requests the Law lnstitute to study changes to the Code of Governmental Ethicsenacted in the 2008 exhaordinary and regular sessions and to make recommendationsregarding those changes.

A CONCURRENT RESOLUTION

To urge and request the Louisiana State Law Institute to study and make recommendations

relative to the revisions to the Code of Governmental Ethics made by the Louisiana

Legislature in the First Extraordinary Session of2008 and the Regular Session of

2008.

WHEREAS, in the First Extraordinary Session of 2008 and the Regular Session of

2008, the Louisiana Legislature revised the Code of Governmental Ethics and revised the

procedures by which the code is administered and enforced, and by which alleged violations

ofthe code are adjudicated; and

WHEREAS, these revisions to the Code of Goverrmental Ethics provide that the

Board of Ethics shall determine whether a public hearing should be conducted to receive

evidence and determine whether a violation ofthe code has occurred and provide that any

such hearing is to be conducted before a panel of adminisfiative law judges of the Division

of Administrative Law, designated as the ethics adjudicatory panel; and

WHEREAS, theserevisions to the Code ofGovernmental Ethics furtherprovide that

the Board of Ethics is required to close its file on a charged violation if the public hearing

fails to disclose clear and convincing evidence to support the charge; and

WHEREAS, theserevisions to the Code ofGovernmental Ethics furtherorovidethat

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SLS 1ORS-60 ORIGINALSCRNO.2

the Board of Ethics is required to issue a decision adopting the determination of the ethics

adjudicaXory panel ifthe panel determines that a violation has occurred and

WHEREAS, there has been concem expressed by members of the Board of Ethics

with regard to the constitutionality and practicability of the system of administration,

enforcemen! and adjudication established relative to the Code of Governmental Ethics in

the First Extraordinary Session of2008 and the Regular Session of2008;

THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby urges

and requests that the Louisiana State Law Institute str"rdy and make recommendations with

regard to the changes made by the legislature during the 2008 first extraordinary and regular

sessions to the procedures by which the Code of Govemmental Ethics is administered and

enforced and by which alleged violations ofthe code are adjudicated.

BE IT FURTHER RESOLVED that the Legislature of Louisiana hereby urges and

requests that the Louisiana State Iaw Institute study and make recommendations with regard

to the following specific issues:

(1) Whether charges of violations of the Code of Governmental Ethics should be

brought by the Board of Ethics, or by another administrative body composed of retired

judges, or by some other body.

(2) Whethercharges ofallegedviolations ofthe Code ofGovernmentalEthics should

be adjudicatedbytheBoardofEthics, orbyapanel of administrative lawjudges, orbysome

otherbody.

(3) Whether the Board of Ethics should be required to adopt the determinations of

the ethics adjudicatory panel, without right of appeal.

BE IT FURTHER RESOLVED that the Legislature of Louisiana hereby urges and

requests that the Louisiana State Law Institute report the results of its study findings and its

recommendations to the legislature prior to March l, 2011.

Page 2 of3


sl,s 10Rs-60 ORIGINALSCRNO.2

The original insffument and the following digest, which constitutes no partof the legislative insfiumeot, were prepared byAlden A. Clemen! Jr.

DIGEST

Murray SCRNo.

Requests the La. State Law Institute to study and make recommendaxions relative to therevisions to the Code of Govemmental Ethics made in the 2008 first extraordinary andregular sessions. Requests that the institute study and make recommendations witl regardto whether charges of alleged violations of the Code of Governmental Ethics should bebrought by the Board ofEthics or by some other body, whether charges ofalleged violationsofthe code should be adjudicated by the board or by some other body, and whether someprovision for the board to appeal panel decisions should be adopted.

Requests report to the legislature prior to March l,Z0ll.

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z}rc Regular Legislative SessionBILLS NYVOLVING CAMPAIGN FINANCE

Updated 4ll2l10Page I of2

Bill No. Author Summary Position/Status

HB 4I4 Ligi Authorizes the expenditure of campaign funds byelectonic fund transfer

Assigned to Senate &GovernmentalAfFairs

118434 Pugh Makes revisions to the election code to provide forthe tansmission of date of birth to the Board ofEthics for purposes of identifying candidates.


TIB 750 Tucker Increases the aggregate limits that candidates canreceive from political committees


FIB IO38 Greene Requires elected officials who hold district ormajor level office to file additional campaignfinance disclosure reports each April, July andOctober unless the official notifies the Board thathe has a report due in connection with an electionwithin 30 days of the due date of the report.


SB92 Murray Provides for the hard copy filing of campaignfinance reports that should be electronically filed,when the filer can certiff that the Board's systemis inoperable and impaired or when a computer isinaccessible or unavailable to the filer.

Pending HouseRefenal

SBI22 Adley Provides for a constitutional amendment that theattomey general prosecute felony violations ofthestate campaign finance laws.

Assigned to Senate &GovemmentalAtrairs

SB 252 Dorsey Provides that purchase or rental of formal wearusing campaign funds for a candidate'sappearance at functions related to the candidate'scampaign or holding of public office.


SB 259 Adley Amends the Code of Criminal Procedure toprovide that the attomey general institute andprosecute felony criminal violations of campaignfinance laws.

Assigned to Senate

Judiciary B


BiII No. Author Summarv PositionlStatus

SB 3II Kostelka Raises the amount of expenditures that may be

made in support of a proposition election from$200 to $1,000 before the person other than acandidate orpolitical committee is requiredto filecampaign finance disclosure reports; also providesthat, with regard to contributions in the form of apayroll deduction or dues check-off system, thefullname and address ofapersonis only disclosedif the person has contibuted in excess of $5 in acalendar year.


SB 3I9 Heitmeier Adds as a ground on which the Board may objectto a person's candidacy for of&ce that the personfalsely certified on his notice of candidacy that he

has filed his state and federal income ta:<, has filedfor an extension or is not required to file.


SB 333 Hebert Provides that candidates who receive campaigncontributions in excess of defined arnounts musttender 50% ofthe surplus amounts to the Board ofEthics and that within 3 calendar days the Boardwill distibute the surplus in equal amounts to theother candidates in the election. Also provides thatin connection with this provision the definition ofcandidate includes candidates forU.S. Senate and

the U.S. House of Representatives.


SB 431 Hebert Proposed constitutional amendment to providettrat campaign contributions received by certaincandidates in excess of defined amounts shall beequally distributed among all other candidates inthe election.


Updated 4/l2ll0Page2 of2


HLS l0RS-432


HOUSEBILLNO.4I4

BY REPRESENTATIVE LIGI

ENGROSSEI)

CAMPAIGN FINANCE: Authorizes the expenditure of campaign funds by electronic fundfansfer

1 ANACT

2 To amend and reenact R.S. l8:1491.4(D) and 1495.2@), relative to expenditures of

3 campaign funds; to provide for certain methods of expending campaign funds; and

4 to provide for related matters.


6 Section l. R.S. l8:1491.4(D) and 1495.2(D) are hereby amended and reenacted to

7 read as follows:

8 $1491.4. Campaignteasurers; campaigr depositories; expendituresbytHc; petty

9 cash fund

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I I D.(!J The chairman of each political committee shall designate one or more

12 national or state banks or state or federally chartered savings and loan associations

13 or savings banks, or state or federally chartered credit unions, as the campaign

14 depositories of the committee and may invest in a money market mutual fund and

15 designate such fund as a campaign depository. The committee chairman, the

16 committee campaign treasurer, and any deputy freasurers shall deposit any

17 contributions received by them into an account or accounts maintained at such

18 depository or depositories. No expenditure shall be made by any committee

19 chairman, committee campaign treasurer, deputy feasurer, or any othsr person on

20 behalfofthe committee, except by check drawn on such account or accounts, oxcept

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HLS IORS432 ENGROSSEDHBNO.4l4

as specifically provided in Paragraph (2) of this Subsection and Subsection E glthig

Section. Each check drawn on any such account shall be made payable to a specific

person, except a check made payable to petty cash. Each check drawn on such an

account shall indicate the objects or services for which such check is drawn and such

check shall be maintained as part of the records required by R.S. 18:1491.5. The

name and address of such campaigrr depository so designated shall be filed with the

supervisorycommitteeinthestatementoforganizationrequiredbyR.S. 18:1491.1.

Ifany additional depositories are designate4 they shall be reported within ten days

following such designation as required by R.S. 18:1491.1.

(2) An expenditure may be made b)' a committee chairman' committee

campaign treasurer. deoutv treasurer. or other authorized person on behalfofthe

committee b], electronic funds transfer provided that the transfer of funds is to a

soecific oerson and that records are maintained as to the objects or services for which

such transfer of funds was made. Detailed records of each electonic fund transfer

shall be maintained as part of the records required by RS. 18:1491.5.

$1495.2. Campaignteasurers;campaigndepositories;expendituresloy-cHc;petty

cash fund

D.[) The candidate shall designate one or more national or state banks or

state or federally chartered savings and loan associarions or savings banks, or state

or federally chartered credit unions, as his campaign depositories and may invest in

a money market mutual fund and designate such fund as a campaign depository. The

candidate, his campaign treasurer, and any deputy feasuren shall deposit any

contibutions received by them into an account or accounts maintained at such

depository or depositories. No expenditure shall be made by any candidate,

campaign treasurer, deputy feasurer, or any other person on behalfofthe candidate,

except by check drawn on such account or.rccounts, except as specifically provided

in Para€raoh (2) ofthis Subsection and Subsection E ofthis Section. Each check

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HLS l0RS-432 ENGROSSEDI{B NO. 414

I drawn on any such account shall be made payable to a specific person, except a

2 check made payable to petty cash. Each check drawn on such an account shall

3 indicate the objects or services forwhich such check is drawn and such check shall

4 be maintained as part of the records required by R.S. 18:1495.3. The name and

5 address of each campaign depository so desigrated shall be filed with the

6 supervisory committee in the first report after such designation. If any additional

7 depositories are designated, they shall be reported in the fust report following such

8 designation.

9 (2) An exoenditure ma)' be made bv the candidate. campaien freasurer'

10 depuqv feasurer. or other authorized person on behalfofthe candidale by electronic

I I funds transfer provided that the transfer of funds is to a specific person and that

12 records are maintained as to the objects or services for which such transfer of funds

13 was made. Detailed records of each electronic firnd ftansfer shall be maintained as

14 partoftheresordsrequiredbyR.S. 18:1495.3.

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l6 Section 2. This Act shall become effective upon signature by the governor or, if not

17 signed by the governor, upon expiration of the time for bills to become law without signature

18 by the govemor, as provided by Article III, Section 18 of the Constitution of Louisiana" If

19 vetoedbythe governorand subsequentlyapprovedbythe legislature, thisActshall become


DIGEST


of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. l:13(B) nd24:.177@)l

Ligi IIB No. 414

Abstract Authorizes expenditures of campaign funds by electonic funds transfer providedappropriate records are created and maintained.

Present law (Campaign Finance Disclosure Act-R.S. 18:1491.4 and 1495.2),relanve to theexpenditure of campaign funds, prohibits any expenditure of campaigrr funds except bycheck drawn on a designated campaign depository @ant savings and loan, credit union, ormoney market mutual fund) or from a potty cash fund subject to certain restrictions.Requires each check to be made payable to a specific pe6on, except a check made payable

to petty cash. Requires each check to indicate the objects or services for which the check is

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HLS IORS-432 ENGROSSEDIIBNO.,$14

drawn and requires the check to be maintained as part ofthe records required byp@[email protected]. l8:1491.5 and 1495.3).

Proposed law additionally authorizes the expenditure of campaigrr funds by electronic fundstransfsr provided that the fiansfer of funds is to a specific person and that rscords are

maintained as to the objects or services for which such transfer of funds was made. Requiresdetailed records of each electonic fund transfer to be maintained as part ofthe recordsrequired in present law (R.S. l8:1491.5 and 1495.3) and otherwise retains @LlaI4.

Effective upon signature of govemor or lapse of time for gubematorial action.

(Amends R.S. l8:1491.4(D) and 1495.2(D))

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HLS 10RS-679


HOUSEBILLNO.434

BY REPRESENTATIVE PUGH

ORIGINAL

BLBCTION CODE: Makes revisions to the election code

1 ANACT

2 To amend and reenact R.S. 18:102.1(8), 152(C)Q)@), 152.1, 154(C),

3 425(AXlXbXintroductoryparagraph),428(D), 431(A)(1)(a), 433(B)(l) and @)(2),

4 591,602(A), (B), and (C),604(SXl) and (2Xa),1254(D),12U(F),1299.1,1307(II),

5 1308(8), 1314(BX1), (CXl)O) and (3), and (D)(2), 1333(A), 1352, and

6 1505.2(H)(1)(c) and (2)(a)(introductory paragaph), O)" and (f), (!(l), and

7 (R)(3XaXii) and (b) and to enact R.S. l8:1307(I), relative to the Louisiana Election

8 Code; to revise the system of laws comprising the Louisiana Election Code; to

9 provide relative to records used by the regishar ofvoters; to provide relative to

10 disclosure ofvoter information; to provide relative to courses ofinstruction for

I 1 commissioners; to provide relative to vacancies in certain offices; to provide relative

12 to propositions submitted to voters at certain elections; to provide relative to

13 app$ng to vote absentee by mail; to provide relative to procedures for voting

L4 absentee by mail; to provide relative to absentee by mail and early voting

15 commissioners; to provide relative to voting machines; to provide for the use of

16 paper ballots; and to provide for related matters.

l7 Be it enactedbythe Legislature oflouisiaua:

18 Section 1. R.S. 18:102.1(8), 1s2(C)(2)(a),1s2.1,154(C),425(A)(l)(b)(introductotv

19 paragaph), 428(D), 431(A)(1)(a), 433(BXl) and (E)(2), sgr, 602(A), @), and (C),

20 604(BXl) and (2)(a), r2s4@),1284(F), 1299.r,1307(H), 1308(8), 1314(BX1), (CXl)O)

2L and(3), and (D)(2), 1333(A), l352,and 1505.2(H)(1)(c) and (2)(a)(introductoryparagraph),

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HLS l0RS-679 ORIGINALIIB NO. 434

$ I 52. 1. Destruction of records of the registrar of voters

If original records of a registrar of voters are desfroyed as a result of

catastrophic loss or damage and there are no microfilm, microfiche, or scanned or

electronically captured computerized images ofthe original records ofvotsrs, every

attempt shall be made to re-create the records of voters who are not canceled.

Computer records from the secretary ofstate's database shall be deerned the original

records until such time as the records can be reercated re-created.

$154. Records open to inspectioq copytng; exceptions

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C. Nofwithstanding the provisions of this Section, neither the registrar nor

the Deparfinent of State shall disclose the fact that a registered voter is entitled to

assistance in voting or the social security number, drivels license number, day and

month of the date of birth, or mother's maiden name of a registered yoter or circulate

the fact that registered voters are entitled to assistance in voting or the social security

numbers, drivels license numbers, day and month of the dates of birtlr, or mother's

maiden names of registered voters on commercial lists, except when voter

registration data i$ transmitted to the office of motor vehicles of the Deparfinent of

Public Safety and Corrections; for the purposes of verifuing the accuracy and

authenticity of the social security number, driver's license number, or full date of

birth provided by the voter or when the fuIl date of birth of a reEistered voter is

hansmitted to the Board of Ethics to veritr the identitv of a candidate for purposes

of campaign finance reporting.

$425. Commissioners

A. Number. (l) In addition to the commissioner-in-charge, at the following

elections there shall be the following nrunber of additional commissioners at each

precinct:

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HLS t0RS-679 ORIGINALHB NO.434

H.(1)

(c) Notwithstanding the provisions of Subparagraph (a) ofthis paragraph,

the contribution limit for contributions made to an unsuccessful major office

candidate, or the principal campaign committee and any subsidiary committee of

such unsuccessfirl candidate, who does not participate in the general election and for

the timeperiodforwhich such candidatehas adeficitforexpenditures made through

the day of the primary election, shall be ten thousand dollars.

(2)(a) Notwithstanding the provisions ofParagraph (l) ofthis Subsection

the following contribution limir are established for contributions by political

committees supporting or opposing a candidate for the following offices:

(b) Notwithstanding the provisions ofParagraph ( I ) and Subparagraph (2)(a)

of this Subsection, tle following sampaigl contribution limits are established for

contibutions by political committees supporting or opposing a candidate for the

following ofEces, the membership of which political committee exceeds two

hundred and fifty members as of the December thirty-first of the preceding calendar

year, and additionally provided that at least t'ro hundred and fifty of the mernbers

have each contributed at least fifty dollars to the political committee during the

preceding one-year period:

(i) Major office - ten thousand dollars.

(ii) Distict office - five thousand dollars.

(iii) Other office - two thousand dollars.

No contribution in excess of the limits contained in Subparagraph @)@ @)

of this Subseetion Paraeraoh shall be made by any political committee until such

membership certification is made on the statement of organization form required by

this Chapter and timely submitted to the supervisory committee by the applicable

due date. Any political committee certified under this Paragraph shall notiff the

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HLS 10RS-679

supported candidate in writing at the

Paragraph.

ORIGINALHB NO. 434

any contribution is made under this

*

(f) Notwithstanding tle provisions of Paragraph (l) and Subparagmphs

(2Xa) and (b) ofthis Subsection" the contributions limit for contributions bypolitical

committees certified according to the provisions of Subparagraph (2Xb) of this

Subsection to an unsuccessful major office candidate, or the principal campaign

committee and subsidiary committee of such unsuccessful candidate, who does not

participate in the general election and for the time period for which such candidate

has a deficit for expenditures made through the day of the primary election, shall be

twenty thousand dollars.

I.(l) On and after January 1,7991, contributions received by a candidale or

a political committee may be expended for any lawful purpose, but such funds shall

not be used loaned, or pledged by any person for any personal use unrelated to a

political campaign, the holding of a public office or party position, or, in the case of

a political committee, other than a candidate,s principal campaign committee or

subsidiary committee, the adminishative costs or operating expenses of the political

committee; except that excess campai$ funds may be retumed to contributon on

a pro rata basis, given as a charitable contribution as provided in 26 tjSe U.S.C.

170(c), given to a charitable organization as defined in 26 uSe U.S.C. 501(c)(3),

expended in support ofor in opposition to a proposition, political party, or candidacy

of any person, or maintained in a segregated fund for use in future political

campaigns or activity related to preparing for future candidacy to elective office.

However, the use of campaigr funds of a candidate or his principal or subsidiary

committees to reimburse a candidate for expenses related to his political campaign

or his holding of a public office or party position shall not be considered personal use

bythe candidate. Ifa candidate is required by state or federal law to pay taxes on the

interest eamed by campaign funds of the candidate or any political committee of the

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HLS 10RS-679 ORIGINALHB NO.434

candidate, the candidate may use the interest on which such tax is paid for such

purpose. A payment from campaign funds shall not be considered as having been

$pent for personal use when the funds are used to replace articles lost, stolen, or

damaged in connection with the campaip.

(3Xa)

(ii) The provisions ofthis Subsection shall not prohibit the governor from

obtaining a loan for his own campaign from a state batd<, a federally chartered

depository institution, or a depository institution the deposits or accounts ofwhich

are insured bythe Federal Deposit Insurance Corporation@

Worp'oratior! or the National Credit Union Administration, any licensed

lender under the Louisiana Consumer Credit Law, or an insurance company, made

in accordance with applicable law and in the ordinary course ofbusiness, provided

that the goYernor is the sole endorser or guarantor of the loan and that the loan is

made on a basis which assures rspayment evidenced by a written instrumen! is

subject to a due date or amortization schedule, and bears tle usual and customary

interest rate ofthe lending institution.

(b) The provisions of Paragraphs (R{t) (!) and (2) of this Subsection shall

not apply if the govemor is a candidate for the office of United States senator; the

office of United States representative; an office which is to be fi1led by an election

which occurs during the regular legislative session during which the contribution,

loaq or transfer of funds or in-kind contribution is accepted or within sixty days after

such regular legislative session adjourns; or an office other than that of governor.

However, if the governor accepts a contribution, loan, or transfer of funds or in-kind

contribution during a regular legislative session or within thirty days after such a

regular legislative session adjourns for a state or local office to which the prohibition

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HLS IORS-679 ORIGINALIIB NO. 434

in this Subsection does not apply and the govemor chooses not to seek said offlce or

fails to qualify for said office, the govemor shall return, in the manner prescribed by

the supervisory committee, each such confiibution, loarg transfer of funds, or in-kind

contribution which remains unexpended or unencumbered for expenses directly

related to such campaign for said office.

**

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no partof the legislative instrument. The keyword one-liner, abstract and digest do not constitutepartofthelaworprooforindiciaoflegislativeintent. fR.S.1:13(B) and24:177(E)l

Pueh HBNo.434

Abstract Revises the system of laws comprising the La. Election Code.

Presentlaw(R.S.18:152)providesthatpriortoeachelection,theregistrarshallrequestacurrent precinct register and duplicate precinct register for each precinct in the parish wherean election is to be held. hoposed law repeals the requirement for a hard copy duplicateprecinct register. Provides that the Dept. of State will provide the registrar with a duplicateprecinct register in electronic forrn instead.

Present law @.S. 18:154) prohibits the registrar and the Dept. of State from disclosingcertain voter information, including the day and month of the date of birth of a voter.Proposed law retains present law, but provides an exception for transmitting the full date ofbirth of a voter to the Board of Ethics to verifu the identity of a candidate for purposes ofcampai gn fi nance reporting.

Present law requires the clerk of court to conduct a general course of instruction forcommissioners at least semiannually. Proposed law changes this requirement to provide thatthe course ofinstruction be conducted at least annually instead ofsemiannually.

Present law (R.S. 18:591, 602, and 604) provides a 10-day deadline for making anappointrnent to fill a vacancy in the offices of elective mernbers of state boards andcommissions and certain local and municipal offices. Proposed law retains pggsegtlalv butadditionally provides that if the vacancy is due to the death of the official, the deadline isextended to 20 days.

Present law @.S. 19:1284 and 1299.1) provides relative to bond debt, andtax elections andother elections where a proposition or question is put to the voters. Provides requirementsfor a statement of a proposition to be submitted to the voters. Provides that the statementis the responsibility ofthe goveming authority, political subdivision, or other entity callingthe election. Requies certain information to be included including a simple, unbiased andconcise summary of the proposition. Provides that the statemeut ofthe proposition shall notexceed 400 words. Provides that the secretary of state is responsible for ensuring that thestatement of the proposition contains a sunmary as required by oresent law.

Proposed law repeals references to a "statement ofa proposition" and applies requirementsto the proposition itself. Provides that the proposition shall not exceed 200 words, insteadof 400. Requires the proposition to be stated in the form of a question. Provides that the

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HLS 10RS-679 ORIGINALIIB NO. 434

secretary of state shall ensure that the proposition complies with proposed law. Otherwiseretains present law.

Present law @.S. 44:52 et seq.) provides for the Dept. of State Address confidentialityProgram. Provides for the confidentiality of the physical addresses ofprogram particlpantswho are victims of abuse, sexual assault, or stalking.

Present law (R.S. l8:1303) provides eligibility requirements for voting absentee by mail.Provides thataprogramparticipant inthe Address ConfidentialityProgramis eligibletovoteabsentee by mail. Present law (R.S. ls:1308) provides procedures and requirements forapplytng to vote absentee by mail. Requires the submission within certain deadlines of anapplication containing certain inforniation.

hoposed law retains present law. Additionally provides that if a person applying to voteabsentee by mail is a program participant in the Address Confidentiality Program pursuantto oresent law his application, if it meets the requirements oforesent law. shall remain validas long as the applicant is a program participant in the Address confidentiality program.Provides that when the applicant ceases participation in the prograrrr, the registrar shall sendnotice by forwardable mail to the applicant that his application will no longer be valid andthe applicant shall be required to submit a new application to the registrar that meets therequirements of pfesenila& and provide a current address before the applicant will beeligible to vote absentee by mail again.

Present law (R.S. l8:1308) provides procedures for voting absentee by mail. Requires theballottobemarkedasrequiredbyoresentlaw(RS. l8:130S)andreturnedtotheregistrar.Proposed law retains oresent law. but provides relative to specific methods of delivery.Provides that a mmked ballot may be returned to the registrar by the U.S. Postal Service,commercial delivery service, or hand delivery. Provides that if hand delivered by other thana commercial delivery service or the U.S. Postal Service, the registrar shall require that theperson making such delivery sip. a statement prepared by the secretary of state certi&ingthat he has the authorization and consent of the voter to hand deliver the marked ballot.Provides that no penon, except the immediate family of any voter shall hand deliver morethan one marked ballot to the regishar of voters.

Present law @.S. 18:1314) provides relative to absentee by mail and early votingcommissioners. Provides for qualifications and selection. Provides that the parish board ofelection supervisors shall detennine the number of absentee by mail and early votingcommissioners necessary for an election. Requires the board to select at least three for theprimary or first party primary election. Allows the board to increase or decrease the numberof absenGe by mail and early voting commissioners for a second party primary or generalelection.

Proposed law repeals the minimum number of absentee by mail and early votingcommissioners that must be selected and provides for a maximum of six suchcommissionen. Requires approval of the secretary of state or his desipee ifthe board seeksto use more than six absentee by mail and early voting commissioners for an election.Requires approval of the secretary of state or his designee to increase the number ofcommissioners to be used at the second party primary or general election. Provides that adesignee of the secretary of state may approve the number of absentee by mail and earlyvoting commissioners used to count and tabulate provisional ballots Otherwise retainsoresent law.

Present law @.S. 18:1352) provides thatvoting machines shall be used throughout the statein all elections, provided 1fu41 nsthing in oresent law prohibits absentee by mail and earlyvoting. Proposed law provides that paper ballots may be used when voting machines fail.Otherwise retains present law.

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HLS 10RS-679 ORIGINALHB NO.434

Proposed law makes various technical changes.

(AmendsR.S.l8:102.1@),152(C)Q)@),t52.1,t54(C),425(A)(l)(b)(intro.para.),428(D),431(A)(l)(a), 433(BX1) and @)(2), 591, 602(A), (B), and (C), 604(BXl) and (2)(a),l2s4(D),1284(F), 1299.1,1307(H), 1308(8), 1314(BX1), (CXlXb) and (3), and (D)(2),1333(.4'), 1352, and 1505.2QI)(1)(c) and (2)(a)(intro. para.), (b), and (f), (!(1), andG.XrXaXii) and (b); Adds RS. 18:1307(I))

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HLS l0RS-318


HOUSE BILL NO. 750

BY REPRESENTATIVE TUCKER

ORIGINAL

CAMPAIGN FINANCE: Provides relative to contributions from political committees

I ANACT

2 To amend and reenact R.S. 18:1505.2(H)(7), relative to campaign finance; to provide for

3 certain limits on confiibutions from certain political committees; and to provide for

4 rclated mafters.


6 Section l. R.S. l8:1505.2(FI)(7) is hereby amended andreenactedto read as follows:

7 $1505.2. Connibutions; expenditures; certain prohibitions and limitations

8ta.,l*

9H.l0 {' 'N rt

I I (7)(a) The total amount of combined contributions for both the primary and

12 general elections, from political committees, which may be accepted by a candidate

13 and his principal and subsidiary campaign committees, shall not exceed the

14 following aggregate amounts:

15 (i) Major offtce candidates - eigtrty one hundred sixtv thousand dollars.

16 (ii) District office candidates - sixty one hundred twentv thousand dollars.

17 (iii) Other office candidates - twenty forty thousand dollars.

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HLS l0RS-318 ORIGINALTIBNO.75O

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5 Section 2. This Act shall become effective upon signature by the govemor or, if not

6 sigred bythe governor, upon expiration ofthe time forbills to become law without signature

7 by the govemor, as provided by Article III, Section 18 of the Constitution of Louisiana- If

8 vetoedbythe governorand subsequently approvedbythe legislature, thisActshall become


DIGEST


ofthe legislative instrument. The keyword, one-liner, abstract and digest do not constitutepartofthelaworprooforindiciaof legislativeintent. [R.S. l:13(B) urd24:177(E)]

Tucker HB No. 750

Abstract Sets the aggregate PAC limits at $160,000 for major office candidates, $120,000for disrict office candidates, and $40,000 for other office candidates.

Present law sets the limits on the combined conffibutions for both the primary and thegeneral elections that candidates and their campaign committees can accept from politicalcommittees, not including recognized political parties. Sets the agglegate PAC limits at

$80,000 for major office candidates, $60,000 for district office candidates, and $20,000 forother office candidates

Proposed law increases the aggregate PAC limit to $160,000 for major office candidates,

$120"000 for district office candidates, and $40,000 for other office candidates. Proposed

law further clarifies that the aggegate PAC limit does not apply to contributions made bya principal or subsidiary campaign committee of a candidate.


(Amends RS. l8: 1505.2(HX7)

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(b) The provisions of this Paragraph shall not apply to contributions made

by a recogrrized political party or any committee thereof or to contributions made by

the principal or subsidiary campaign committee of a candidate.


HLS l0RS-1186


HOUSE BILL NO. IO38

BY REPRESENTATIVE GREENE

ORIGINAL

CAMPAIGN FINANCE: Requires elected officials who hold amajor or dishict office tofile certain reports at specified times except under certain circumstances

1 ANACT

2 ToenactR.S. 18:1495.8,relativetocampaignfinancedisclosure;torequirecertainpersons

3 to file certain reports at certain times; to provide for the content ofsuch reports; to

4 provide for penalties; and to provide for related matters.


6 Section l. R.S. 18:1495.8 is hereby enacted to read as follows:

7 $ 1495.8. Special reports required: elected officials: reportine times and periods

8 A. In addition to the reoorts required to be filed by R.S. 18:1495.4. each

9 elected offrcial who holds a major office or a district office shall file a report

l0 containing all of the information required by R.S. 18:1495.5 with the supervisory

I I commit0ee accordine to the followine schedule:

12 (1) The tenth day of April. which shall be comnlete for the period from the

13 first of Januar.v through the thi4v-first of March.

14 (2) The tenth day of July. which shall be complete for the oeriod from the

15 frst day of Aoril through the thirtieth dav of June.

16 (3) The tenth day of October. which shall be comolete for the neriod from

17 the fust day in July throuEh the thirtieth dav of Seotember.

l8 B.(l) The reoorts reouired by this Section shall not be requfued if the elect€d

19 official. as a candidate. has a report required oursuant to R.S. 18:1495.4 due within

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HLS IORS.I186 ORIGINALFIBNO. IO38

athirty-dayoeriod ofthe due date ofareportrequired by SubsectionA ofthis Section.

(2) Ifthe provisions ofParagraph (l) ofthis Subsection are applicable to an

elected official. the elected official shall send written notice of such fact to the

suoervisory committee no later than ten days prior to the due date of the reDort that

is otherwise required to be filed pursuant to Subsection A ofthis Section'

C. The reports filed pursuant to this Section shall not affect the reporting

period for any report required to be filed pursuant to R.S. 18:1495.4 or any other

provision of this Chaoter.

Section 2. This Act shall become effective on January l,20ll.

DIGEST


of the legislative instrument. The keyword, one-liner, absfiact, and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. l:13@) nd24:177@)l

Greene IIB No. 1038

Abstract: Requires elected officials who hold major or district office to file additionalcampaign finance disclosure reports each April, July, and October unless the electedofficial has a report due within the same time period as a candidate.

Present law (R.S. 18:1495.4 - relative to campaign finance disclosure) provides that acandidate and his campaign freasurer, ifany, shall be responsible for filing a report ofallinformation required by the Campaign Finance Disclosure Act with the SupervisoryCommittee on Campaigrr Finance Disclosure (supervisory committee) at the times requiredby@alu,. Presentlawprovidesascheduleforreportingincluding: (l)formajorofficecandidates - no later than the l80th day prior to the primary election, which shall be

complete through the l9fth day prior to the primary election; (2) for major office candidates- no later than the 90th day prior to the primary electiorL which shall be complete throughthe 1Ofth day prior to the primary election; (3) for all candidates - no later than the 30th dayprior to the primary election, which shall be complete through the 40th day prior to theprimary election; (4) for all candidates - no later than the l0th day prior to the primaryelection which shall be complete through the 20th day prior to the primary election; (5) forall candidates - no later than the l0th day prior to the general election, which shall be

complete through the 2fth day prior to the general election; (6) for candidares in a general

election - no later than the 40th day after the general election, which shall be completethrough the 30th day after the general election. Present law additionally requires specialreports for certain specified contributions or expenditures which are due no later than 48

hours after such transaction. Present law also requires certain annual reports to be filed inthe case ofcandidates with a deficit and provides that such reports are dus no later than Feb.

15 of each year, complete t}'rough the preceding Dec. 3 1 . Present law further provides forannual reports for candidates who have received conhibutions, made expenditures, orreceived or made loans during the reporting period and provides that such reports are due

no later than Feb. l5 of each year, complete through the preceding Dec. 31.

Prooosed law provides that in addition to the reports required pursuant to present law. each

elected official who holds a major office or disfict office shall file a report with the

supervisory commitlse on April l0th (complete from Jan. lst - March 31st); July l0th

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HLS IORS.I186 ORIGINALHB NO. 1038

(completefromApril lsttoJune 30th); andOct. lOth(completefromJulylstttpoughSept.30th). Provideso however, that a report required pursuant to Wgsg(!-lalu shall not be

required to be filed if the elected official, as a candidate, has a report required pursuant topresent law due within a 30 day period of the due date of a report required by Bfspsd-lal4.Provides that ifthat is the case, the elected official shall send written notice ofsuch fact tothe supervisory commitiee no later than l0 days prior to the due date of the plgps$Alalgreport.

Proposed law specifies thax the reports filed pursuant to pfppscLlag shall not affect thereporting period for any report required by pfese$_lela.

Present law provides civil penalties for a candidate, the treasurer, or chairman ofa politicalcommittee, or any other person required to file certain reports pursuant to the CampaignFinance Disclosure Act who knowingly fails to file or to timely or accurately file suchreports. The monetary penalties applicable to major offrce are $100/daynotto exceed $2,500and to district office are $60/day not to exceod $2,000. The Board of Etlics, acting in itscapaclty as the supervisory committee on campaign finance disclosure, may order acandidate to file an overdue repor! amend an existing reporg and pay a civil penalty.Present law also includes criminal penalties for knowingly, willfully, and fraudulently failingto file or knowingly, willfully, and fraudulently failing to timely file a report of not morethan six montis in a parish jail or a fine of not more than $500, or both. The same penaltyapplies for knowingly, willfully, and fraudulently failing to disclose, or knowingly, willfully,and fraudulently disclosing inaccurately, any informafion required to be disclosed.

Proposed law retains @Llg;1g.

Effective Jan. l, 201 l.

(Adds R.S. l8:1495.8)

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SLS 1ORS.3I5


SENATE BILLNO.92

BY SENATORMURRAY

ENGROSSED

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CAMPAIGN FINANCE. Provide for hard copy filing of specific reports in certainsituations. (gov sig)

ANACT

To enact R.S. l8:1485(F), relative to campaign finance reporting requirements; to provide

relative to procedures for the filing of certain reports electonically; and to provide

for related matters-


Section l. R.S. I 8: 1485(F) is hereby enacted to read as follows:

$1485. Filing; receip by supervisory committee; special penalties

F. Exceptions to electronic filing. (1) If at any time during the three

calendar days prior to and including the due date ofany report required by this

Section to be filed electronically. the Board of Ethics Comnuterized Data

Management System is inoperable or otherwise imnaired so as to be unavailable

for use bv the oerson or political committee required to file a report

electronically. then the report may be submitted to the supervisory committee

by any other means. includine the United States Postal Service. commercial

delivery seryice. hand deliverv. or facsimile. The person or nolitical committee

submitting the report by means other than electronically shall certitv in writing

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SLS IORS-315 ENGROSSEDsB NO. 92

to the supervisorv committee thatthe Comnuterized Data Manasement System

was inoperable or otherwise imoaired at the time of the attempted electronic

filins at the same time as the report is submitted by other means. The person

or political committee submitting the report other than electronically shall

submit the reoort electronically within twenty-four hours of submitting the

reoort by other means. or within twen8-four hours of the Comnutorized Data

Management System becoming available for use. whichever occurs first.

(2) If on the due date of any renort required by this Chapter to be filed

electronically. a computer is inaccessible by or unavailable to the person or

nolitical committee required to file a report electronically. then the reoort may

be submitted to the supervisorv committee by any other means. including the

United States Postal Service. commercial deliverv service. hand deliverv. or

facsimile. The nerson or oolitical committee submittins the renort by means

other than electronically shall certify in writine to the sunervisory committee

that a comouter was inaccessible or unavailable for submitting the report

electronically at the same time as the report is submitted by other means. The

oerson or oolitical committee submittins the renort other than electronically

shall submit the renort electronically within twentv-four hours of a computer

becomins accessible or available for this puroose

(3) Notwithstandine the provisions of Paragraohs (1) and (a of this

Subsection. in no case shall a reoort be filed electronically more than live days

after the due date ofthe renorL


signed by the governor, upon expiration of the time for bills to become law without signature

by the governor, as provided by Article III, Section 18 ofthe Constitution of Louisiana. If



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sLS l0Rs-315 ENGROSSEDSB NO. 92

The original insfument and the following digest which constitutes no part

of the legislative instrument were prepared by Alden A. Clement, Jr.

DIGESTMurray (SB 92)

Present law provides that each candidate for a major or disfict office and each principalcampaign committee of a candidate for a major or district office that receives confibutionsor loans in excess of$25,000 in the aggregate during the aggregating period or that makes

expenditures in excess of $25,000 in the aggregate during the aggregating period mustelectronicallyfilereports ofcontributions and expenditures withthe SupervisoryCommitteeon Campaign Finance Disclosure @oard of Ethics) through the Board of EthicsComputerized Data Management Sysiem as provided in present law.

Proposed law provides exceptions to Slgsgg! law, provisions relative to electronic filing ofreports to the supervisory committee.

Proposed law provides that if at any time during the three calendar days prior to and

including the due date of any report required by presentllew to be filed elecfionically, theComputerized Data Management Syslem is inoperable or otherwise impaired so as to be

unavailable for use by the psrson or political committee required to file a reportelectonically, then the report may be submitted to the supervisory committee by any othermeans, including the United States Postal Service, commercial delivery service, hand

delivery, or facsimile. Proposed law further provides that the person or political committeesubmitting the report by means other than electronically must csrdry in writing to the

supervisory committee that the Computerized Data Management System was inoperable orotherwise impaired at the time of the attempted electronic filing at the same time as thereport is zubmitled by other means. Bqpgsgdlgg, further provides that the person orpolitical commitiee submitting the report by means other than electronically must submit thereport electronically within 24 hours of submitting the report by other means, or within 24houn ofthe Computerized DafaManagement System becoming available foruseo whicheveroccurs first.

Proposed law also provides that ifon the due date ofany report required by plgss4lagL tobe filed elecfionically, a computer is inaccessible or unavailable to the person or politicalcommittee required to file a report elechonically, then the report may be submitted to thesupervisory committee by any other means, including the United States Postal Service,commercial delivery service, hand delivery, or facsimile. hoposed law further provides thatthe person or political committee submitting the report by means other than elechonicallymust certi$ in writing to the supervisory committee that a computer was inaccessible orunavailable for submitting the report elecnonically at the same time as the report issubmitted by other means. Proposed law provides that the person or political committeesubmitting the report other than electronically must submit the report elecfonically within24 hours of a computer becoming accessible or available for this purpose.

Propossd law further provides that notwithstanding the provisions of proposed law. in nocase will reports be filed electronically more than five days after the due date of the report.

Proposed law otherwise retains pggggllgg.

Effective upon signature of the governor or lapse of time for gubematorial action.

(Adds R.S. l8:1485(F))

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SLS IORS-315

Summar.v of Amendments Adooted bv Senate

ENGROSSEDsB NO. 92

Committee Amendments Proposed by Senate Committee on Senate andGovernmental Affairs to the orisinal bill.

l. Adds provision that in no case will reports be filod electronically more tlanfive days after the due date ofthe report.

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SENATE BILL NO. I22

BY SENATORADLEY

ORIGINAL

CAMPAIGN FINANCE. Constitutional amendment to provide that the attomey general isto prosecute felony violations of state campaign finance laws. (2/3-CA l3sl(A))

A JOINT RESOLUTION

Proposing to amend Article IV, Section 8, of the Constitution of louisianq relative to

powers and duties ofthe attorney general; to provide for the criminal prosecution of

certain crimes; and to specify an election for submission of the proposition to

electors and provide a ballot proposition.

Section I . Be it resolved by the Legislature of Louisiana, trvo-thirds of the mernbers

elected to each house concurring, that there shall be submiued to the electors ofthe state, for

their approval or rejection in the manner provided by law, a proposal to amend Article IV,

Section 8 ofthe Constitution of Louisiana- to read as follows:

$8. Attorney General; Powers and Duties

Section 8. There shall be a Deparhnent of Justice, headed by the attorney

general, who shall be the chieflegal officer ofthe state. The attorney general shall

be elected for a term of four years at the state general election. The assistant

attorneys general sLall be appointed bythe attorney general to serve at his pleasure.

As necessary for the assertion or protection ofany right or interest ofthe

state, the attorneygeneral shall have authority(l) to institute, prosecute, or intervene

in any civil action orproceeding; (2) upon the written requcst of a district attomey,

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SLS lORS-3I9 ORIGINALsBNO.122

I to advise and assist in the prosecution of any criminal case; a.td (3) for cause, when

2 authorizedbythe courtwhich would have originaljurisdiction and subjecttojudicial

3 review, (a) to institute, prosecute, orintervene in anycriminal action orproceeding,

4 or(b)to supersedeanyat0orneyrepresentingthe statein anycivil orcriminal actionl

5 and (,4) to institute and prosecute felony violations of state campaign finance

6 !aws.

7 The attorney general shall exercise other powen and perform other duties

8 authorized by this constitution or by law.

9 Section 2. Be it further resolved that this proposed amendment shall be submitted

I 0 to the electors of the state of Louisiana at the statewide election to be held on November 2"

ll 2010.

12 Section 3. Be it further resolved that on the official ballot to be used at said election

l3 there shall be printed a proposition, upon which the electors of the state shall be permitted

14 to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall

l5 read as follows:

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To require the attomey general to prosecute felony violations of state

campaign finance laws.

(Amends Article IV, Section 8)

Section 4. The provisions ofthis Resolution shall be given retroactive application to

20 March 30,2008.

The original instrument and the following digest, which constitutes no partof the legislative instrument were prepared by Michael Bell.

DIGEST

Present state constitution provides that the attorney general will have authority do thefollowing:

(l) To institute, prosecute, or intervene in any civil action orproceeding.

(2) Upon the written request of a district attomey, to advise and assist in the prosecutionof anycriminal case.

(3) For cause, when authorized by the court which would have original jurisdiction andsubject tojudicial reviewo (a) to institute, prosecute, or intervene in any criminalaction or proceeding, or (b) to supersede any attomey rspresenting the state in anycivil or criminal action.

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Prooosed constitutional amendment retains p[gsc!Leong1q!1g1[on and requires the attorneygeneral to institute and prosecute felony violations ofstate campaign finance laws.

Provides that orooosed constitutional amendment is retroactive to March 30,2008.

Specifies submission of the amendment to the voters at the statewide election to be held onNovernber 2, 2010.

(Amends Const. Art. IV, Sec. 8)

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SLS IORS.57


SENATE BILLNO. 252

BY SENATORDORSEY

ORIGINAL

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CAMPAIGN FINANCE. Provides with respect to the expenditure of campaign funds.(8/r5l10)

ANACT

To amend and reenact R.S. l8:1505.20X1), relative to campaign finance; to permit the

expenditure of campaign funds for certain purposes; and to provide for related

matters.

Be it enacted by the Legislature of Louisiana:

Secfion l. R.S. l8:1505.2(IXl) is hereby amended and reenacted to read as follows:

$1505.2. Contributions; expenditures; certain prohibitions and limitations

I.(l) On and after January l,1991, contributions received by a candidate or

apolitical committse may be expended for any lawful pulpose, but such funds shall

not be used, loaned, or pledged by any person for any personal use umelated to a

political campaign or the holding of a public office or party positioq or, in the case

of a political committeeo other than a candidate's principal campaigu committee or

subsidiary committee, the administrative costs or operating expenses of the political

committee; except that excess campaign funds may be retumed to confibutors on

a pro rata basis, given as a charitable contribution as provided in 26 USC 170(c),

given to a charitable organization as defined in 26 USC 501(c)(3), expended in

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SLS IORS-57 ORIGINALsBNO.252

support of or in opposition to a proposition, political party, or candidacy of any

person, or maintained in a segregated fund for use in future political campaigns or

activity related to preparing for future candidary to elective office.

I@oc (a) The use of campaign funds of a candidate or his principal

or subsidiary committees to reimburse a candidate for expenses related to his

political campaign or his holding of a public office or party position shall not be

considered personal use by the candidate.

G) If a candidate is required by state or federal law to pay ta:<es on tlte

interest eamed by campaign funds ofthe candidate or any political committee of thE

candidate, the candidate may use the interest on which zuch tax is paid for such

purpose.

(g) A payment from campaign funds shall not be considered as having been

spent for personal use when the funds are used to replace articles los! stolen, or

damaged in connection with the campaign.

(d) The purchase or rental of formal wear. including tuxedos and

evening gowns. usine camnaien funds shall not be considered an exoenditure for

oersonal use when the items of formal wear are worn by the candidate solely in

conjunction with the candidaters appearance at functions related to the

candidate's political campaien or holding of nublic office.

*E{.

The original instrumont and the following digest, which constitutes no partof the legislative instrumen! were prepared by Alden A. Clement, Jr.

DIGEST

Present law provides that contributions received by a candidate or by a political committeemay be expended for any lawful purpose, but such funds cannot be use4 loane4 or pledged

by any penon for any personal use unrelated to a political campaign or the holding ofapublic office or party position.

Present law provides that the use of campaign funds to reimburse the candidate for expenses

related to his political campaign or his holding ofa public office or party position are notconsidered "personal use" by the candidate.

Present law provides that ifa candidate is required by state or federal law to pay taxes on t}leinterest earned by campaign funds of the candidate or any political committee of the

candidate, the candidate may use the interest on which such tax is paid for zuch purpose.

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Present law provides that a paymcnt from campaign funds is not considered as having been

spent for "personal use" when the funds are used to replace articles los! stolen, or damagedin connection with the campaign.

Proposed law provides that the purchase or rental offormal wear, including tuxedos and

evening gowns, using campaign funds is not an expenditure for "personal use" whsn ttreitems of formal wear are wom by the candidate solely in conjunction with the candidate'sappearance at functions related to the candidate's political campaign or holding of publicoffice.

Proposed law otherwise retains oresent law.


(Amends R.S. I 8: I 505.2(I)(l))

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SLS IORS.782


SENATE BILL NO. 259

BY SENATORADLEY

ORIGINAL

CAMPAIGN FINANCE. Provides that the attorney goneral is to prosecute felony violalionsof state campaign finance laws. (8ll5il0)

I ANACT

2 To enact Code of Criminal Procedure Afi. 62(D), relative to the authority of the attorney

3 general; to provide for the exclusive prosecution of campaigr finance laws; and to



6 Section l. Code of Criminal Procedure fut. 62(D) is hereby enacted to read as

7 follows:

8 tut. 62. Authority of attorney general; supervision of district attorney

9***

l0 D. The attorney general shall institute and nrosecute felony criminal

I I violations of state campaign finance laws.

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sl.s l0RS-782 ORIGINALsB NO. 259

The original instrument and the following digesl which constitutes no part

of the legislative instrument were prepared by Michael Bell.

DIGEST

Proposed law provides for the attomey general to institute and prosecute felony criminalviolations of state campaign finance laws.


(Adds C.Cr.P. tut. 62(D))

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SLS IORS-287

Regular Sersion,2010

SENATE BILL NO. 3I I

BY SENATORKOSTELKA

ORIGINAL

CAMPAIGN FINANCE. Provides relative to campaign contributions and expenditures byindividuals. (gov sig)

AN ACT

To amend and reenact R.S. 18:1486(8) and 1491.7(B)(4), relative to contributions by

individuals to political committees and certain expenditures by certain individuals;

to provide relative to reporting requiremants for individual contributions in the form

of a payroll deduction or dues check-offsystem; to provide relative to expenditures

made in support of or in opposition to a proposition by certain persons; and to

provide for related matters.


Section 1. R.S. l8:1486(B) and 1491.7(B)(4) areherebyamendedandreenactedto

read as follows:

$ 1 486. Proposition elections; required reports; recall electipns

B. These requirements shall be applicable only if the aggegate amount of

contributions, loans, and transfers of funds received and accepted or expenditures

made equals or exceeds two hundred dollars at any time during the aggregating

period: except tha( with regard to expenditures made in support of or in

oonosition to a pronosition or question submitted to the voters by a person who

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fu not a candidate or a member of the principal campaign comnittee of a

candidate or of a political committee. these requirements shall be applicable

only if the asgregate amount of expenditures made eouals or exceeds one

thousand dollars. "Aggregating period" for purposes ofthis Section shall mean the

period from the date on which the first contribution is received or the first

expenditure is made by the person or political committee, whichever is earlier,

through the closing date for the last report required to be filed in accordance with this

Chaoter.

$ 1491.7. Reports; contents

B. Each report required to be in conformitywith this Section shall contain

the follo$.ing informa.tion:

(4) Contribution(s) received during the reporting period for which the report

is being completed shall be reported, and the same shall be reported igespective of

the amount thereof except as otherwise provided. as follows:

(a) The full name and address of each person who has made one or more

contributions. except contributions

check-off system" to and which have been received and accopted by the political

committee during the reporting period; the aggregate amount of such contributions,

except in-kind contributions, from each person, and the date and amount ofeach

such contribution; and a briefdescription ofeach in-kind contribution from each

person, the valuafion tJrereofmade bythe chairman and the campaign treasurer, and

the date(s) of the in-kind contribution.

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SLS IORS.287 ORIGINALsB NO. 3l I

is

@(b) The full name and address of each person who has made one or more

contributions in the form of a nayroll deduction or dues check-off system in

excess of five dollars in the aggregate in a calendar year to and which have been

received and accepted by the political comrnittee during the reporting period.

and the date and amount of each contribution. In the case of a political

comnitteethatsupports multiple candidates and./orissues and receives overten

thousand contributions in tle form ofa payroll deduction or dues check-off

system when no single contributor contributes in excess oftwentv-four dollars

in the aggregate in a calendar year. such committee may elect to renort the

names and addresses of its contributors on an annual basis. Political

committees making this election shall list the names and addresses of its

contributors. the total amount of the contributions received per contributor.

and the schedule ofthe receint ofsuch contributions on the annual report due

by February fifteenth complete through the preceding December thirtv-first.

() The aggregate amount of all contributions, other than in-kind

contributions, received and accepted during the reporting period.

@G) The aggregate valuation of in-kind contributions received during the

reporting period.


signedbythe governor, upon expiration ofthe time forbills to become lawwithout signature

by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If



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SLS IORS.287 ORIGINALsBNO.3tl

The original instrument and the following digest, which constitutes no partof the legislative instrumento were prepared by Alden A. Clemen! Jr.

DIGEST

Presentlawprovidesthat contributions to apolitical committeereceivedduringthe reportingperiod provided for by pressnt law must be reported to the Supervisory Committee onCampaign Finance Disclosure (Board of Ethics), irrespective of the amount of thecontribution, as follows:

(l) The full name and address of each person who has made one or more contributionsto a political commitlee that have been received and accepted by the politicalcommittee during the reporting period, along with the aggregate amount of suchcontributions, except in-kind contributions, and the date and amount of eachcontribution. In the case of a political committee that supports multiple candidatesand./or issues and receives over 10,000 contributions in the form of a payrolldeduction ordues check-offsystem, whenno single contribulorcontributes in excessof $24 in the aggregate in a calendar year, such committee may elect to report thenames and addresses of its contributon on an annual basis. Political committeesreporting in this way must list the names and addresses of its contributors, the totalamount ofthe contributions received per contributor, and the schedule ofthe receiptofsuch contributions on the annual report due by February I 5t complete through thepreceding December 3 1".

(2) The full name and address of each person who has made an in-kind contribution,along with a brief description of each in-kind contribution, the valuation thereofmade by the chairman and the campaign treasurer, and the date of each in-kindcontribution.

(3) The aggregate amount ofall contributions, othorthan in-kind contributions, receivedand accepted during the reporting period.

(4) The aggregate valuation of in-kind contributions received during the reportingperiod.

Proposed law provides that, with regard to contributions in the form of a payroll deductionor dues check-offsystem, only the fulI name and address of a person who has made one ormore such contributions in excess of$5 in the aggregate in a calendar year needs to bereported.

Prooosed law otherwise retains present law.

Present law provides that any p€rson, including a political committee, who makes anyexpenditure in support ofor in opposition to a proposition or question submitted to the votersis required to file reports ofsuch contributions and oxpenditures, ifthe aggregate amount ofcontributions, loans, and tmnsfers of funds received and accepted or expenditures madeequals or exceeds $200 at any time during the aggregating period.

Proposed law retains the provisions of Esent_lew but further provides that, with regard toexpenditures made in support of or in opposition to a proposition or question submitted tothe voters by a person who is not a candidate or a member of the principal campaigncommittee of a candidate or a political committee, the reporting requirements ofryl_lAlgare applicable only ifthe aggregate amount ofexpenditures made equals or exceeds $ 1 ,000.

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SLS IORS-287 ORIGINALsB NO. 3l I

Proposed law otherwise retains present law.


(Amends R.S. l8:1486(8) and 1491.7(BX4)

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SLS IORS.25


SENATE BILLNO.3I9

BY SENATORHEITMEIER

ORIGINAL

ELECTION CODE. Requires all individuals registering to run for locaVstats office submitproof to the local election official that a current state income tax return has been filed.

I ANACT

2 To amend and reenact R.S. l8:a63(A)(2)(a)(iv) and to enact R.S. 18:492(lt)(7), relative to

3 the Louisiana Election Code; to provide qualifications for candidary for public

4 oftice, notice ofcandidary, and grounds forobjectionto candidacy; andtoprovide

5 for related matters.


7 Section l. R.S. l8:463(AX2XaXiv) is hereby amended and reenacted and RS.

8 18:492(A)(7) is hereby enacted to read as follows:

9 $463. Notice of candidacy financial statcrilfib disclosure; political advertising;

l0 penalties

Il A. '1. r {.

12 (2)(a) The notice ofcandidacy also shall include a certificate, signed by the

l3 candidate, cafiirying all ofthe following:

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15 (iv)

16 Thathehas{iledhisfederal

l7 and state income tax returns. has filed for an extension of time for liling either

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SLS 1ORS-25 ORIGINALSBNO.319

his federal or state income tax return or both. or is not reouired to file eltler a

federal or state income tax return or both.

$492. Grounds for an objection to candidacy

A. An action objecting to the candidary of a person who qualified as a

candidate in a primary election shall be based on one or more of the following

grounds:

(71 The defendant falsely certilied on his notice ofcandidacy that he has

filed his federal and state income tax returns. has fiIed for an extension of time

for liling either his federal or state income tax return or both as nrovided in

R.S. 1E:463(AX2). or is not required to file either a federal or state income tax

return or both.

Section 2. This Act shall become effective on January 1,2011.

The original instrument and the following digest which constitutes no partof the legislative instrument were prepared by Alden A. Clement, Jr.

DIGEST

Present law provides that a notice of candidacy must be in writing and state the candidate'sname, the office he seeks, the address of his domicile, the parish, ward and precinct wherehe is registered to vote, and the political party, ifany, with which he is registered as beingaffiliated. Prooosed law retains pgqj31g.

Present law provides that the notice ofcandidacy also must include a certificate, signed bythe candidate, certirying all of the following:

l. That he has read the notice ofhis candidacy.

2. That he meets the qualifications of the office for which he is quali$ing.

3. That he is not currently under an order of imprisonment for conviction of a felonyand that he is not prohibited from qualifuing as a candidate for conviction ofa felonypursuant to Article I, Section 10 of the Constitution of Louisiana.

4. That he has attached to the notice ofhis candidacy the financial statement requiredby present law ("Subsection B ofthis Section").

5. That he acknowledges that he is subject to the provisions ofthe Campaign FinanceDisclosure Act @.S. l8:1481 et seq.) if he is a candidate for any office otler thanUnitgd States senator, representative in congrcss, or mernber of a committee of a

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SLS IORS.25 ORIGINALsBNO.319

political party and that he does not owe any outstanding fines, feeso or penaltiespursuant to the Campaign Finance Disclosure Act.

6. That he does not owe any outstanding fines, fees, or penalties pursuant to the CodeofGovemmental Ethics.

7. That all of the statemsnts contained in it are true and correct.

Prooosed law deletes the requirernent that the candidate cefiiry that he has attached thefinancial statement required bypresent law ("Subsection B ofthis Section"), as SubsectionB ofpresent law has been repealed by prior legislation.

Prooosed law adds a requirement that the candidate certi$ that he has filed his federal andstate income tax returns, has filed for an extension oftime for filing either his federal or stateincome tax return or both, or is not required to file either a federal or state income tax returnor both. Proposed law otherwise retains pgg!_!g;4.

Pressnt law provides that an action objecting to the candidacy ofa person who qualified asa candidate in a primary election must be based on one or more of the following grounds:

1 . The defendant failed to qualify for the primary election in the manner prescribed bylaw.

2. The defendant failed to qualifu for the primary election within the time prescribedby law.

3. The defendant does not meet the qualifications for the office he seeks in the primaryelection.

4. The defendant is prohibited by law from becoming a candidate for one or more ofthe offices for which he qualified.

5. The defendant falsely certified on his notice ofcandidacy that he does not owe anyou8tanding fines, fees, or penalties pursuant to the Campaign Finance DisclosureAct as provided in R.S. 18:463(4)(2).

6. The defendant falsely certified on his notice ofcandidacy that he does not owe anyoutstanding fine$o fe€s, or penalties pursuant to the Code of Governmental Ethics asprovided in @llelg (R.S. 18:a63(A)(2)).

Proposed law retains Bresent law, and adds as a ground for objecting to the candidacy ofaperson that the defendant falsely certified on his notice of candidacy thf he has filed hisfederal and state income tax retums, has filed for an extension of time for filing either hisfederal or state income tax return or both. or is not required to file either a federal or stateincome tax return or both.

Effective January 7, 201 l.

(Amends R.S. l8:463(AX2XaXiv); adds R.S. 18:492(4)(7))

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SLS lORS-835


SENATE BILL NO. 333

BY SENATORHEBERT

ORIGINAL

CAMPAIGN FINANCE. Limits the amount of money spent on election campaigns.(v3r/12)

AN ACT

To amend and reenact R.S. l8:1483(3)(a) and 1505.20X1), and to enact R.S.

l8:1505.2(I)(6), relative to campaign finance; to provide with regard to campaign

contributions to candidates for certain elective offices; and to provide for relaled

matters.


Section l. R.S. 18:1a83(3)(a) and 1505.2(l)(l) areherebyamendedandreenacted,

and R.S. 1 8:1 505.2(l)(6) is hereby enacte4 to read as follows:

$1483. Definitions

As used in this Chapter, the following terms shall have the meanings herein

given to each unless tle context clearly indicates otherwise:

i

(3)(a) "Candidate" means a person who seeks nomination or election to

public office, except the office of president or vice president of the United States,

presidential elector, delegate to a political parly convention, United States senator,

United States congressman, or political pafiy office! except that for purposes d

R.S. l8:1505.2(TX6). rfcandldate" shall also mean a oerson who seeks

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nomination or election to the oflice of United States senator or United States

consressman. An individual shall be deemed to seek nomination or election to such

office ifhe has:

(i) Since prior participation in an election, ifany, received and accepted a

contribution or made an expenditureo or has given his consent for any other person

or committee to receive a contribution or make an expenditure with a view to

influencing his nomination or election to office whether or not the specific public

office for which he will be a candidate is known at the time the contribution is

received or the expenditure is made, or

(ii) Taken the action necessary under the laws of tlre state of Louisiana to

qualiff himself for nomination or election to public office.

$1505.2. Contributions; expenditures; certain prohibitions and limitations

t.(t) @iotts Contributions received by

a candidate or a political committee may be expended for any lawful pqpose, but

such funds shall not be used" loaned, or pledged by any person for any personal use

unrelated to a political campaign or the holding ofa public office or party position;

or, in the case of a political committee, other than a candidate's principal campaign

committee or subsidiary committee, the administrative costs or operating expenses

of the political committee-,, except tha[

(g) exctts Excess campaign funds may be returned to contributors on a pro

rata basis, given as a charitable contribution as provided in 26 USC 1 70(c), given to

a charitable organization as defined in 26 USC 501(c)(3), expended in support ofor

in opposition to a proposition, political party, or candidacy of any person, or

maintained in a segregated fund for use in future political campaigns or activity

related to preparing for future candidacy to elective office.

Ifoutcvcr;ftc (b) The use of campaign funds of a candidate or his principal

or subsidiary committees to reimburse a candidate for expenses relatod to his

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political campaign or his holding of a public office or party position shall not be

considered personal use by the candidate.

@) If a candidate is required by state or federal law to pay taxes on the

interest eamed by campaign funds of the candidate or anypolitical committee ofthe

candidate, the candidate may use the interest on which such tax is paid for such

purpose.

@) A payment from campaign funds shall not be considered as having been

spent for personal use when the funds are used to replace articles lost, stolen, or

damaged in connection with the campaign.

(O Excess contributions. (a) Fifly percent of all campaign contributions

from whatever source received by a candidate for the following ofrices that are

in excess of the following amounts shall be eaually distributed among all other

candidates qualified in the election:

fi) Governor - one million dollars

fiil United States senator - one mlllion dollars

fiii) Major olfice. other than governor - five hundred thousand dollars

(iv) United States congressman - live hundred thousand dollars

(v) State senator - one hundred lifty thousand dollars

(vl) State renresentative - fifty thousand dollars

(b) The excess contributions provided for in Subparagraph (a) of this

Paragraph shall be tendered bv the candidate or tle candidatefs principal

campaign committee to the Supervisory Committee on Camnaign Finance

within ten calendar days ofreceipt or within three calendar days oftle election.

whlchever is sooner. The supervisory committee shall immediately upon receipt

denosit such funds into a soecial account designated for that purpose. out of

which shall be drawn funds for equal distribution among the other qualified

candidates in the election. Such funds are to be tendered by the supervisory

committee to the other candidates within three days of deoosit into the account

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designated for that purpose by the superisory committee.

(c) For nurposes of this Paragraph. ttequallytt and tteoualtt shall mean

as equal as practicable under all circumstances in the discretion of the

supervisor.v committee.

Section 2. This Act shall become effective on January 31, 2012; if vetoed by the

governor and subsequently approved by the legislature, this Act shall become effective on

January 31,2012, or on the day following such approval by the legislature, whichever is

later.

The original instrument and the following digest, which constitutes no partof the legislative instrumen! were prepared by Alden A. Clemen! Jr.

DIGEST

Present law relative to campaign finance defines "candidate" as a pgrson who seeksnomination or election to public office, except the office ofpresident or vice president oftheUnited States, presidential elector, delegate to a political party convention, United Statessenator, United Statos congressman, or political party office.

Proposed law retains the definition in Bfgsent law, and further provides that for purposes ofproposed law, "candidate" also means a person who seeks nomination or election 10 theoffice of United States senator and United States conglessman.

Proposed law provides thal 50Yo of all campaign contributions from whatever sourcereceived by a candidate for the following offices that are in excess ofthe following amountsare to be equally distributed among all other candidates qualified in the election:

l. Governor - $1,000,000

2. United States ssnator - $1,000,000

3. Major office, othsr than governor - $500,000

4. United Siates congressman - $500,000

5. State senator - $150.000

6. State representative - S50,000

Proposed law further provides that the excess contributions provided for by pfewdlgt]{are to be tendered by the candidate or the candidate's principal campaign committee to theSupervisory Committee on Campaign Finance (the Board of Ethics) within l0 calendar daysofreceipt or within three calendar days ofthe election, whichever is sooner.

Proposed law provides that the supervisory committee is to immediatelyupon receipt depositsuch funds into a special account designated for that purpose, out of which will be drawnfunds for equal distribution among the other qualified candidates in the election.

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SLS lORS-835 ORIGINALSB NO. 333

Prooosed law provides that such funds are to be tendered by the supervisory committee tothe other candidates within three days ofdeposit into the account designated for that purposeby the supervisory committee.

Prooosed law provides that for purposes ofBfS!9S9d_La& "equally" and "equal" mean as

equal as practicable under all circumstances in the discretion of the supervisory committee.

Effective J anuary 3 l, 201,2.

(Amends R.S. 18:1483(3)(a) and 1505.2(IX1); adds R.S. l8:1505.2(I)(6))

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SLS l0RS-10,{4


SENATE BILLNO. 43I

BY SENATOR IIEBERT

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CAMPAIGN FINANCE. Provides for the distribution of excess campaign contributionsamong otler candidates in the election. (2/3-CA13sl(A))

A JOINT RESOLUTION

Proposing to add Article XI, Section 6 ofthe Constitution of Louisian4 relative to campaign

finance; to provide that fifty percent ofall campaigr contributions received by a

candidate for governor, major office other than governor, state senator, state

representative, United States senator, and United States representative, that are in

excess of tle amounts established by law are to be equally distributed among all

other candidates qualified in the election; and to speci$ an election for submission

ofthe proposition to electors and provide a ballot proposition.

Section l. Be it resolved by the Legislature of Louisian4 two-fhirds of the members

elected to each house concurring, that there shall be submitted to the electors ofthe state, for

their approval or rejection in the manner provided by law, a proposal to add Article XI,

Section 6 of the Constitution of Louisiana- to read as follows:

ARTICLEXI. ELECTIONS

$6. Excqss Camnaien Contributions

Section 6. Fiftv oercent of all campaign contributions from whatever

source received by a candidate for any ofthe followins offices that are in excess

ofthe followine amounts shall be equally distributed among all other candidates

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SLS l0RS-10,[4 ORIGINALsBNO.43l

qualilied in the election in the manner provided by law:

(A) Governor - one million dollars.

(B) United States senator - one million dollars.

(C) Major ollice. other than eovernor - five hundred thousand dollars.

(D) United State,e coneressman - five hundred thousand dollars.

(E) State senator - one hundred fifty thousand dollars.

(F) State renresentative - lifty thousand dollars.

Section 2. Be it further resolved that this proposed amendment shall be submitted

to the electors of the state of Louisiana at the statewide election to be held on November 2,

2010.

Section 3. Be it further resolved that on the official ballotto be used at said election

there shall be printed a proposition, upon which the electors of the state shall be permit0ed

to vote FOR oTAGAINST, to amend the Constitution of Louisian4 which proposition shall

read as follows:

Provides that fifty percent of all campaign confibutions received by a

candidate for the following offices that are in excess of the following

amounts shall be equally distibuted among all other candidates qualified in

the election: governor, $1,000,000; m4ior statewide office other than

governor, $500,000; state senator, $150,000; state representative, $50,000;

United States senator, $1,000,000, United States congressman, $500,000.

(Adds Article XI, Section 6)

The original instrumenl and the following digest, which constitutes no partof the legislative instrumen! were prepared by Alden A. Clement, Jr.

DIGEST

Proposed constitutional amendment provides that 50%o of all campaigr contributions fromwhatever source received by a candidate for the following offices that are in excess of thefollowing amounts are to be equally disffibutsd among all other candidates qualified in theelection:

l Governor - $1,000,000.

2. United States senator - $1,000,000.

3. Major office, other than govemor - $500,000.

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SLS IORS-1044 ORIGINALsBNO.43t

4. United States congressman - $500,000.

5. State senator - $150,000.

6. State representative - $50,000 in the manner provided by law.

Specifies submission of the amendment to the voters at the statewide election to be held on

November 2, 2010.

(Adds Art. XI, Sec. 6)

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2010 Regular Legislative SessionBILLS N\WOLVING LOBBYING DISCLOST'RE

Updated 4171201,0

Page 1 of1

BiIl No. Author Summary Position/Status

SB 507 Jackson Provides for registration and reporting with theBoard of Ethics by persons lobbying localgovernmental agencies.

ASSIGNED TOSENATE &GOVERNMENTALAFFAIRS

FIB I216 Gallot Makes technical changes to the Revised Statutes,including parts of Legislative Lobbyist DisclosureAct

ASSIGNED TOHOUSE &GOVERNMENTALAFFAIRS


SLS IORS-594


SENATE BILLNO. 507

BY SENATORJACKSON

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LOBBYING. hovides for the regulation and disclosure of expenditures by persons wholobby local government. (8/15/10)

ANACT

To amend and reenact R.S. 42:1132(D), ll34(N), and ll57(A)(l) and (3) and to enact

Chapkr 46 of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised

ofR.S. 33:9661 through 9669, relative to the regulation oflobbying to provide for

the regulation oflobblng of local governmenq to provideforthe reporting ofcertain

expenditures by principals and employers of lobblsts; to provide definitions; to

provide for regisfiation, reporting, and disclosure; to provide for administration and

enforcement; to provide for penalties; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:

Section l. R.S. 42:1132(D), I 134(N), and I 157(A)(l) and (3) are hereby amended

and reenacted to read as follows:

$1132. Board of Ethics

D. Additional Jurisdiction. The board shall administer and enforce the

provisions of R S. 27 :63, 96, 226, 261, and Part Itr of Chapter I of Title 24 of the

LouisianaRevised Statutes of 1950, Part IV ofChapter I ofTitls 49 ofthe Louisiana

Revised Statutes of 1950, Chapter 46 of Title 33 of the Louisiana Revised

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SLS IORS-594

Statutes of 1950. R5,27:316, and R.S. 47:9072.

**rl.

ORIGINALsB NO. 507

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$ I 134. Powerso duties, and responsibilities ofthe board

N.(l) On a regular basis, the board shall conduct educational activities,

seminars, and publish appropriate materials which provide instruction and

information relative to the subjects ofetlrics and conflicts ofinterest concerning the

following provisions: the Code of Governmental Ethics; the Campaign Finance

Disclosure Act; the provisions of Part III of Chapter I of Title 24 relative to lobbying

ofthe legislature; the provisions of Part IV of Chapter I ofTitle 49 of the Louisiana

Revised Statutes of 1950 relative to lobbying of executive branch agencies; !h.9

nrovisions of Chapter 46 of Title 33 of the Louisiana Revised Statutes of 1950.

relative to lobbyine local sovernment the Louisiana Riverboat Economic

Development and Gaming Confol Act; the Louisiana Economic Development and

Gaming Corporation Act; the Louisiana Lottery Corporation Law; the Video Draw

Poker Devices Control Law; and any other matter within the board's jurisdiction or

as provided in this Chapter. Such activities, seminats, and materials shall explain the

law in plain language and shall be open or available to public servants in all state and

local agencies, persons who do businesswith such agencies, candidates, lobbyists,

and any other interested persons.

(2) The board shall design and make available to all interested persons viathe

Internet training and educational materials pertaining to the Code of Governmental

Ethics; the Campaign Finance Disclosure AcU the provisions of Part Itr of Chapter

I of Title 24 relative to lobbying ofthe legislature; the provisions of Chanter 46 of

Title 33 of the Louisiana Revised Statutes of 1950. relative to lobbving local

government: and the provisions of Part IV of Chapter I ofTitle 49 ofthe Louisiana

Revised Statutes of 1950 relative to lobbying ofexecutive branch agencies.

$l157. Late filing fees

A.(l) The statrof the board may automatically assess and order the payment

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sLS l0RS-594 ORIGINALsB NO. 507

of late filing fees, in accordance with rules adopted by the boar4 for any failure to

timely file any report or statement due under any law under its jurisdiction as

provided in R.S. 42:1132(C), R.S.24:50 et seq., srR.S. 49:71 * seq.!-or RS-

33:9661 et seq. The board shall promulgate rules to facilitate the carrying out ofthe

provisions ofthis Chapter regarding order for and payment oflate fees. Any appeal

of such order for the payment of late fess shall be to the board, which shall

promulgate rules governing tlte procedure for appeals of late filing fees.

(3) The late filing fees for any lobbyist required to register and file reports

underthe provisions ofR.S. 24:50 et seq., shall be as provided in R.S. 24:58(D). The

late filing fees for any lobbyist required to register and file reports under the

provisions of R.S. 49:.71 et seq., shall be as provided in R.S.49:78(D). The late

filins fees for any lobbyist recuired to resistor and lile reports under the

nrovisions of RS.33:9661 et seq.. shall be as provided in RS.33:9668(D).

Section 2. Chapter 46 of Title 33 of the tpuisiana Revised Statutes of 1950,

comprised ofR.S. 33:9661 through 9669, is hereby enacted to read as follows:

CHAPTER 46. LOBBYING LOCAL GOVERNM ENT

$9661. Purpose

The legislature declares that the operation of open and rerponsible

qovernment reouires that the fullest opportunity be afforded to the oeople to

oetition their government for the redress ofsrievances and to exnress freely

their opinions on actions of local eovernmeni To preserve and maintain the

intesrity oflocal sovernment action. the leeislature also declares it is necessarY

thatthe identi8 ofoersons who attemptto influence actions oflocal government

and certain exoenditures by those persons be nublicly disclosed.

$9662. Definitions

When used in this Chapter:

(l) "Ethics board" means the ethics body which has iurisdiction over

elected officials under Chaoter 15 of Title 42 of the Louisiana Revised Statutes

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SLS IORS.594

of 1950.

ORIGINAI,sBNO.507

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(2) "Local government actionil means any act by a local government

aeency or official to effectuate the public powers. functions. and duties ofa local

eovernment oflicial or a local eovernment asency. includins but not limited to

any act in the nature of policymakine. rulemaking. adiudication. licensing.

regulation. or enforcement: relative to contracts. requests for oroposals.

develonment of specifications. or engaeing another person to nerform a

sovernmental functionl to adopt. repeal. increase. or decrease anv fee imposed

on the affairs. actions. or persons regulated by a local government aeency: or

to affect the oassage. defeat. or implementation of any legislation.

(3) "Local government agency" or ttagencytt means any authori8.

oflice. denartment. district. unit. board. commission. institution. or any

quasi-public entitlcreated in local sovernment by or pursuant to law or by or

pursuantto the constitution. The terms 'tlocal government agency[ or "agency"

shall not include any unit ofthe executive. legislative. or iudicial branch ofstate

eovernment or any political subdivision ofthe state or any agency thereof.

(4) "Local government official" or ttofricial" means an elected official.

an apLointed omcial. or an employee in a local government asency.

(5) "Expenditure'r means the eift or pavment of money or any thine of

value for the purchase of food. drink. or refreshment for a local governnent

oflicial or for the snouse or minor child of a local eovernment official for the

nurpose of lobbying or any gift or payment nermitted byRS.42:1123(13) when

the lobbyist or principal accounts. or would bo exnected to account. for the

exnenditure as an ordinary and necessarv expense directly related to the active

conduct of the lobbyistrs. his employer's. or the orincipals trade or business.

(6) "Lobbying" or t'to lobbyt' means any direct act or communication

with a local government oflicial. the purpose of which is to aid in influencins a

local government action.

(? I'Lobbyistil means:

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expenditures as herein defined offive hundred dollars or more in a calendar

(a) Any oerson who is emnloved or ensaged for compensation to act in

a representative caoacity for the puroose oflobbyins iflobbyine constitutes ono

of the duties of such emoloyment or eneasement however. any person who is

engaged or employed to nrovide a professional service to a nersgn and

incidental to such orofessional service such person communicates with a local

government aeency or oflicial or makes an appearance or assists in an

apnearance with a local government agency or official shall not be a lobbyist

unless such person or the person who eneaged the professional services ofor

emnloyed such person makes an exoenditure as defined in this Section.

(b) Any nerson who receives compensation of any kind. including

reimbursement of expenditures. to act in a representative capacity when one of

the functions for which comoensation is naid is lobbyine and makes

year for the ouroose of lobbyine.

(8) t'Persontt means an individual. partnership. committee. association.

corporation. and any other organization or sroup of persons.

S9663. Persons to whom aoolicable: exceofions

Except as otherwise provided in this Chapter relative to a princinal or

employer of a lobbyist" the nrovisions of this Chapter shall apnly only to nersons

who are lobbyists as defined in RS.33:9662. An elected or appointed public

official or any desienee of such an oflicial acting in the nerforqlance of his

oublic duties shall not be considered to be a lobbyist as defined in this Chapter.

Q9664. Registration of lobbyists with the ethics board: compilation of

information

A. Each lobbyist shall register with the ethics board as soon as possible

after employment as a lobbyist or after the first action requirine his registration

as a lobbyist whichever occurs first. and in anv event not later than five davs

after employment as a lobbyist or not later than frve days after the lirst action

requiring his registration as a lobbyist whichever occurs first. IIe shall

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O I electronically lile with the ethics board usins forms orovided bv it the following

2 information:

3 (1) His name and business address.

4 (2) The name and address of each person by whom he is emnloyed and.

5 if different whose interests he reoresents. including the business in which that

6 person is eneased.

7 (,3X,a) The name of each oerson by whom he is paid or is to be paid. the

8 amount he is naid or is to be oaid for the purpose of lobbying. and a

9 characterization of such navment as paid. earned but not received. or

l0 orosnective.

11 (b) Amounts reouired to be disclosed pursuant to this Paragraph shall

12 be reported by categor.v ofvalue. The cateeories shall be:

13 (i) Categorv I. $24.999 or less.

14 (iil Category II. $25.000-$49.999.

15 (iii) Categor.v IU. $50.000-$99.999.

16 (iv) Cateeory IV. $100.000-$249.999.

17 (v) Catesory V. $250.000 qr more.

18 (4)(a) An indication of notential subiect matter about which he

19 anticipates lobbyins.

20 (b) Indication of potential subject matters shall be made by choosing

2l from the following potential subiect matter categories:

22 (i) Aerosnace and snace technolosy.

23 fii) Aericulture: horticulture: livestock: poultr.v.

24 (iii) Asriculture: forestry: timber.

25 (iv) Alcohol and other beveraees.

26 (v) Arts and entertainment.

27 0'ilAquaculture and fisheries.

28 (yii) Business and private and commercial enterprises.

29 (,viiil Banking. financial. and accounting.

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a I (ix) Charities and social services. faith-based organizations. and

2 communitv outreach.

3 (xl Computers. hardware. software. and intellectual property.

4 (,xi) Construction. contracting. and real estate.

5 (xiil Educational services: colleges: technical schools: trade schools.

6 (xiii) Environmental quality. conservation. and wildlife preservation.

7 (xiv) Gamine.

8 (.xv) Government: local: municipal: narish: state: federal.

9 (xvil Health care: hosoitals: nursine homes: elderly care: hospice.

l0 (xvii) Health care: ohysicians: nurse practitioners: nurses.

I I (xviii) Health care: pharmaceutical and medical devices: research:

12 develooment: sales.

13 (xix) Homeland securit&

14 (xx) Hotels. restaurants. and tourism.

15 (xxi) Insurance.

O 16 (xxii)Internationaltrade.

17 (xxiiil Law and lawyers.

18 (xxiv) Manufacturine: oil and sas: mining: refinine: production:

19 chemical industrv.

20 (xxv) Manufacturin$ wholesale.

2l (xxvil Militar.v and veterans affairs.

22 (xxvii) Public safetv. police. and fire.

23 (xxviiil Telecommunications.

24 (xxix) Tobacco industr.v.

25 (,xxx) Transnortation.

26 (xxxi) Unions. labor issues. and special advocacy eroups.

27 (xxxiil Utilities: electriq gas: water: nuclear.

28 (c) The Inintentional omission of a potential subiect matter as provided

29 in this Paragranh shall not be a violation ofthis Chapter.

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($(a) The identity of each elected local government official or spouse of

an elected local government official with whom he or his emoloyer or princioal

has or has had in the orecedine twelve months a business relationship.

(b) For the purposes of this Paragraph.r'business relationshin" means

any transaction or activity that is conducted or undertaken for orofit and which

arises from a joint ownership interest. partnershin. or common legal entity

between a lobbyist or his emoloyer or princioal and an elected local government

official or spouse of an elected local sovernment official when the elected local

government official or spouse of the elected local eovernment ollicial owns ten

oercent or more of such interest partnershio. or legal entitv.

(6) One copy of a two-inch-by-two-inch recent photograph of the

registrant made within the orior six months shall be filed with the initial

resistration form.

B. At the time of the initial registration of a lobbyist. the ethics board

shall assign the lobbyist a registration number. which number shall be inscribed

on the resistration form. This number shall be inscribed on each sunplemental

registration form. renewal form. and expenditure report filed by the lobbyist

C. A reeistration shall expire on December thir8-first of each year

unless the lobbyist submits a renewal on forms provided by the ethics board

alone with the appropriate fee. The registrant may file his renewal any time

from December first until Januar.v thirty-first. Failure to file the renewal form

by January thirty-lirst each year shall cause the reeistration to expire

retroactively as of December thirtv-first of the nreceding year.

D.(1) Within ten days of termination of a reeistrant's employment or

representation of any person. the reeistrant shall file a supplemental

registration with the ethics board acknowledging the termination of his

emnloyment or representation.

(2) Each registrant who ceases activities requiring him to reeister shall

file a suoolemental registration with the ethig board acknowledgine the

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termination of his lobbying activitles.

(3) Each registrant who has terminated his registration must file

disclosure reports for each reportine period durins which he w?s registered.

E. The forms shall be published etectronically by the ethics board.

Reeistrationswhich havebeen filed shall bemaintained bytheethicf board and

made available to the nublic via the Internet The electronic filing by a lobbyist

ofany information required under this Section shall constitute a certilication

that the information is true and correct to the best of his knowledge.

information. and belief and that no information required bythis Part has been

deliberatelv omitted.

F. Whenever any information contained in his registration changes. or

the lobbyist begins representing an additional person. a supplemental electronic

registration shall be filod with the ethics board as soon as possible after such

chanee occurs and in any event not later than live days after such chanse usins

forms provided bv the ethics board.

G. Each lobbyist shall oay a fee of dne hundred ten dollars with each

reeistration and each renewal ofregistration form filed. No additional fee shall

be paid for filing sunplemental registration.

89665. Reports snd statements under oath

A.(1) All renorfs. reeistrations. and statements required under this

Chapter shall include a certification ofaccuracy by the person responsible for

lilingthe renort. reeistration. or statementthatthe information contained in the

reoort. registration. or statement is true and correct to the best of his

knowledge. information. and beliefi that no reoortable expenditures have been

made that are not included therein as reouired by law: and that no information

required by this Chapter has been deliberately omitted.

(2) Except as otherwise specifically provided in this Chapter. reports.

registrations. and statements required under this Chapter shall be liled by

mailing said documents throueh the United States Postal Service. deliverine by

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hand or through a commercial deliverv service. or by transmitting by facsimile

or olectronic transfer.

B, All reports. reeistrations. and forms filed with the ethics board shall

be maintained as nublic records and shall be made available for public

inspection. The ethics board may charge a reasonable amount for copies ofsuch

reDorts.

$9666. Lobbyist expenditure reports

A. Each lobbyist registered under the orovisions ofthis Chanter shall file

with the ethics board. in the manner prescribed by the ethics board by rule in

accordance with the provisions of this Chapter. a renort of all expenditures

incurred for the DurDose oflobbvins.

B. A renort shall be filed monthlv. The renort for each month shall be

liled by the twenty-fifth day of the following month.

C.(l) The renort shall be electronically filed using forms provided by the

ethics board in a format suitable for use on the database required by RS.

49:77(4). The electronic liline by a lobbyist ofany reoort required under this

Section shall constitute a certification that the information contained in the

renort is true and correct to the best ofhis knowledge. information. and belief:

that no reportable expenditures have been made that are not included therein

as reauired bv law: and that no information required by this Chapter has been

deliberately omitted.

(2) A lobbyist shall retain records that document all reports made

pursuant to this Chapter for no less than three years.

D.(1) Each report shall include the following:

(a) A listing ofeach subiect matter lobbied durine each reoortine oeriod

pursuant to RS. 49:74(,A)(,4).

(b) The total of all expenditures made durins each reportine period

aggregated in the manner orescribed by the ethics board by rule.

(c) The aqgregatetotal ofexoenditures attributable to an individual local

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sl,s l0RS-594 ORIGINALsB NO. 507

eovernment oflicial during each reportins period. including the name of the

local eovernment ofricial and his local government agency.

(d) The aggreeate total of expenditures attributable to the spouse or

minor child of a local government otficial durinq each reporting period. The

name ofthe spouse or minor child shall not be included. The asgreeate total of

such expenditures shall be reported as follows:

f'The aegreeate total ofexpenditures attributable to the spouse offnsert

name of local government official) was (insert aggreeate total of expenditures).

The ageresate total ofexnenditures attributable to the minor child or

children of(insert name oflocal government oflicial) was (insert ageregate total

of expenditures).rf

(e) The aggresate total of exoenditures for all reportine periods during

the same calendar year. aggregated in the manner prescribed by the ethics

board by rule.

(t) The aggregate total ofalt expenditures attributable to an individual

local government oflicial for all reoortins neriods during the same calendar

vear. includine the name of the local government official and his local

government asency.

(g) The aggregate total of all exnenditures attributable to the spouse or

minor child of a local government official for all reporting periods during the

same calendar year. The name of the spouse or minor child shall not be

included. The asgreeate total ofsuch expenditures shall be reoorted as follows:

"The agsreeate total ofexpenditures attributable to the spouse of(insert

name of local sovernmentolficiaD for all reoortingperiods duringtheyear was

(insert aggregate total of exoenditures).

The agsreeate total ofexpenditures attributable to the minor child or

children of (insert name of local eovernment ofricial) for all renorting periods

durine the year was (insert agsregate total of expenditures)."

(2) For the ourooses ofthis Section. the aeeregate amount or any per

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occasion amount attributable to a local government official or spouse or minor

child of a local eovernment official shall not include any expenditure which is

otherwise reauired to be renorted in PaFgranh (fXl) of this Section or which

is exempt as provided in Paragraph (EX2) or (.3) of this Section.

E.(l) Each renort shall include a statement ofthe exnenditure for each

reception. social gathering. or other function to which more than twenty-five

local government ofricials are invited. Any report of such amount shall include

the name of the groun or grouos invited and the date and location of the

reception. social gathering. or other function.

(2) Any exoenditure. as defined herein. for any reception or social

sathering sponsored in whole or in part by a lobbyist individually or on behalf

ofa principal he represents. held in conjunction with a meeting ofa national or

reeional organization of local government oflicials shall be exempt from the

provisions of this Chanter.

F) Any expenditure for any 4eal or refreshment consumed bv or offered

to a local government official which is incidental to the local government official

sivins a speech. being a member of a panel. or otherwise being involved in an

informational presentation to a group shall be exempt from the provisions of

this Chaoter.

F.(lXa) Any exnenditures by a lobbyist's principal or emoloyer made in

the presence ofthe lobbyist shatl be reported by the lobbyist as nrovided in this

Chapter.

(b) Any lobbyist's principal or employer who makes direct exoenditures

reouired to be reported pursuant to this Chapter shall timely furnish its

lobbyist information about such expenditures as necessary for comnliance with

this Chaoter. Such information shall be furnished to the lobbyist no later than

two business days after the close of each reporting teriod.

(c) Any lobbyist's gincipal or employer who makes direct expenditures

required to be reported pursuant to this Chapter who fails to provide its

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lobbyist the information regardine such expenditures as provided in

Subparagraph ft) ofthis Paragraph shall be required to register as a lobbyist

pursuant to this Chapter and shall be subiect to penalties for violations ofthis

Chaoter.

(2Xa) Notwithstsndins any provision of this Chapter to the contrary. a

lobbyist's orincipal or emnloyer may ont to {ile reports required by this Section

in the manner prescribed by the ethics board by rule on behalf of all of the

lobbyists who reoresent such orincinalts or emnloyerts interests. If a lobbyist's

principal or emoloyer opts to lile such reports. the princinal or employer shall

notify the ethics board no later than January thirt.v-first of each year. and such

option shall be effective for the reporting ofall expenditures made durine that

behalf the lobbyist's principat or employer is liling the reports required by this

$ection.

(b) Any lobbvist whose principal or emoloyer opts pursuant to this

Parasranh to file the reports reauired by this Section shall timely furnish its

nrincioal or emoloyer all information about expenditures as necessary for

compliance with this Chaoter. Such information shall be furnished to the

orincipal or employer no later than two business days after the close of each

reporting period.

(c) Any lobbyist's principal or emnloyer who opts pursuant to this

Paragraph to file the reports required by this Section who fails to file or timelY

file such reoorts shall be liable for and subject to any applicable late fees or

penalties. or both. for violations ofthis Chaptor.

$9667. Administration

The ethics board. in nerformance of its duties under this Chapter. shall:

(1) Reeister lobbvists and assisn lobbyist reeistration numbers as

required bv this Chaoter.

(2) Issue to each registered lobbyist at the time of initial resistration a

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copy ofthis Chanter and any rules adopted nursuant to this Chapter.

(3) Promulgate all rules and forms necessar,v for the implementation

and administration of this Chapter. includinq but not limited to rules snd forms

to nrescribe the level of organizational unit or units of a local eovernment

agency forwhich expenditures required to be reported pursuantto this Chaoter

shall be aggresated.

(4) Establish and maintain access to a searchable. electronic database

available to the public via the Internet

$9668. Enforcemont

A. The ethics board shall be resnonsible for the enforcement of

provisions of this Chapter. The provisions of Part III of Chapter 15 of Title 42

ofthe Louisiana Revised Statutes of 1950. shall be anolicable to enforcement of

this Chanter.

B. No action to enforce any nrovision of this Chapter shall be

commenced after expiration oftwo years after the occurrence ofthe alloged

violation.

C. The ethics board shall have the authori8 to impoge and collect

penalties in accordance with the provisions of Part III of Chapter 15 of Title 42

ofthe Louisiana Revised Statutes of 1950" for a violation ofthis Chapter. In

addition. for recurring or esresious violations ofthis Chapter. the ethics board

may censure any nerson found guil8 ofsuch violation by the ethics board and

nrohibit such person from lobbying for not less than thirqv days and not nore

than one year.

D. In addition to any other annlicable penalties:

(l) Any oerson required to register and who fails to timely resister and

any person who fails to timely file any report required bv this Chanter shall be

assessed. pursuant to RS. 42:1157. a late fee of fifty dollars per day.

(2) Any oerson whose reeistration or report is liled eleven or more days

after the day on which it was due shall be assessed. in addition to any late fees

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pursuant to this Section. after a hearins by the ethics board. a civil penaltv not

to exceed ten thousand dollars.

(3) If the board determines that a person has filed a registration or

reoort reouired by this Chapter that is inaccurate or incomolete. the board shall

mail by certified mail a notice of delinquency informing the person that the

inaccuracy must be corrected or the missins information must be provided no

later than fourteen business days after receipt ofthe notice ofdelinquency. The

notice ofdelinquency shall include the deadtine for correcting the inaccuracy

or providing the missing information. Ifthe person corrects the inaccuracy or

provides the missing information prior to the deadline contained in the notice

of delinquency. no penalties shall be assessed against the person.

(4) Whoever fails to correct the inaccuracy or provide the missing

information by the deadline included in the notice of delinquency shall be

subiect to penaltie.s as orovided bv law.

(5) Any oerson. who with knowledge of its falsitv. files a resistration or

representation of a material facL shall be subi ect to the assessment of the civil

penalties provided in Part III of Chaoter 15 of Title 42 of the Louisiana Revised

Statutes of 1950. and the findings ofthe board relative to such liline shall be

referred by the board to the appropriate district attornev for orosecution

oursuant to RS. 14:1.33.

$9669. Prohibited conduct additional remedies: contract defeat or voidabili8

A. No person shall enter into a contract to act in a representative

capacity for the ourpose of lobbying and fail to register or fail to file a

whom he is emoloyed or engaeed and. ifdifferent. whose interests he represents

pursuant to such contract as required by this Chapter.

B. Any oerson who violates the nrovisions of Subsection A of this Section

shall have engaged in a misrepresentation sufficient to defeat or void the

Page 15 of20Coding: Words which are struclsl*nwgh are deletions from existing law;words in boldface tvpe and underscored are additions.

renort as required in this Chapter that contains a false statement or false

supplemental resistration oroviding the name and address ofthe oerson by


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SLS 10RS.594 ORIGINALsB NO. 507

contract such person entered into to act in a reorosentative capacitLfor the

ourpose of lobbying. Any effortto reqister or to file a suonlemental registration

after any remedy or reliefrelative to such a violation is sousht oursuant to any

orovision of law shall not be sufricient to reverse the m isreBresentation.

C. The board shall afford any person accused ofviolatins Subsection A

of this Section a hearins in accordance with the provisions of Part III of

Chaoter 15 ofTitle 42 ofthe Louisiana Revised Statutes of 1950. Ifthe board

finds that a person violated the orovisions ofSubsection A ofthis Section. the

board shall order that the contract entered into for the ournose of lobbyine by

such person is void and the provisions thereof unenforceable.

D. The provisions of this Section shall be in addition to any other

anolicable oenalties or any other remedy or relief orovided by law.

Section 3. Prior to the effective date of this Act, the Board of Ethics shall take

whatevsr action may be necessary, including the promulgation of rulos and forms, for the

implementation and adminisnation of the provisions of Section I of this Act by January l,

20tt.

Section 4. The provisions of this Section and Section 3 of this Act shall become

effective upon signature by the governor or, if not signed by the govemoro upon expiration

of the time for bills to become Iaw without signature by the governor, as provided in Article

III, Section l8 ofthe Constitution ofLouisiana" Ifvetoed bythe governorand subsequently

approved by the legislature, the provisions ofthis Section and Section 3 ofthis Act shall

become effective on the day following such approval.

Section 5. The provisions of Sections I and 2 of this Act shall become effective on

January l,20ll.

The original instrument and the following digesg which constitutes no partof the legislative instrument, were prepared by Alden A. Clement Jr.

DIGEST

Present law provides that the Board of Ethics is to administer certain provisions of g!law. including the Code of Govemmental Ethics and the Campaign Finance Disclosure Act.

Proposed law provides that the Board of Ethics is also to administer the provisions of

Page16 of20Coding: Words which are sfrc*drrongh are deletions from existing law;words in boldface type and underscored are additions.



Blgposed lgril. relative to lobbying of local govemment.

Present law provides that, on a regular basis, the Board ofEthics is to conduct educationalactivities, seminars, and publish appropriate materials that provide instruction andinformation relative to the subjects of ethics and conflicts of interest concerning certainprovisions of present law. including the Code of Govemmental Ethics and the CampaigrtFinance Disclosure Act.

Proposed law makes this provision of present law applicable to proposed law.

Present law provides that the Board ofEthics is to design and make available to all interestedpersons via the Internet training and educational materials pertaining to certain provisionsof presqilas! including the Code of Govemmental Ethics and the Campaign FinanceDisclosure Act.

Proposed law makes this provision of ry[_lgg applicable to Broposed !arr,.

Proposed law defines terms, including:

(1) Local government action - means any act by a local agency or official to offectuatethe public powers, functions, and duties of a local government official or a localgovernment agency, including but not limited to any act in the nature ofpolicymaking rulemaking, adjudication, licensing regulation, or enforcement;relative to confiacts, requests for proposals, development of specifications, orengaging another person to perform a governmental function; to adopt repeal,increase, or decrease any fee imposed on the aflairs, actions, or persons regulated bya local govemment agency; or to affect the passage, defeat or implementation of anylegislation.

(2) Local govemment agency - any authority, officg deparfrnent district, unit board,commission, institution, or any quasi-public entity created in local government byor pursuant to law or by or pursuant to the constitution in a local governmental orlocal political subdivision. Excludes any unit ofthe executivg legislative, orjudicialbranches ofstate government or any agency thereof.

(3) Local government offrcial - an elected offrcial, an appointed offrcial, or an employeein a local govemment agency.

(4) Expenditure - the gift or payment of money or any thing of value for the purchase offood, drink, or refreshment for the purpose of lobbying and any gift or paymentpermitted by the ethics code for certain events for a local government official, hisspouse, or minor child for the purpose of lobbying when the lobbyist or principalaccounb or would be expected to account for the expenditure as an ordinary andnecessary expense directly related to the active conduct of the lobbyist's, hisernployey's, or the principal's trade or business.

(5) Lobbying - any direct act or communication with a local government official, tltepurpose of which is to aid in influencing a local govemment action.

(6) Lobbyist - any person who is employed to act in a representative capacity for thepurpose of lobbying if lobbying constitutes one of the duties of such employment,or any person who receives compensation of any kind to act in a representativecapaclty when lobbying is one ofthe functions for which such compensation is paid

and makes expenditures of $500 or more in a calendar year for the purpose oflobbying.

Proposed law provides that except as otherwise provided for lobbyist's principals and

employers, provisions are applicable only to percons who are lobbyists. Proposed law

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sLS l0Rs-594 ORIGINALsB NO. 507

specifies that an elected or appointed offrcial or any designee of such an official acting inthe performance of his public duties is not to be considered a lobbyist as defined in pggpg[law.

Proposed law provides that persons register with the ethics board as soon as possible afteremployment as a lobbyist or after the frst action requiring regisnation whichever occursfirst but in no event later than five days after employment or five days after the fust actionrequiring his regisration whichever occurs first. Requires that the registration be filedelectronically with the board.

Proposed law provides that registration renewal can occur anytime from Dec. I until Jan. 3land that failure to renew by Jan. 3 I of each year causes registation to expire refroactivelyto Dec. 3 1. Requires that the lobbyist provide the following information: his name, businessaddress, the name and address of his employers and persons whose interests he represents,including the business in which such person is engaged, and the name of each person bywhom he is paid; and adds that he must include with his initial regisfation one copy of a 2"x 2" photograph made within six months prior to the initial registration. Requires asupplemental regisfation form to be filed when any informaXion changes.

Proposed law further requires that the following information be filed by a lobbyist:

(l) The amounthe is paid oristo bepaid forlobbyingusing categoryranges establishedin prooosed law. Category ranges in oroposed law are: Category I, less than$24,999; Category IL $25,000 - $49,999; Category m, $50,000-$99,999; CaregoryIV, $100,000-$249,000; Category V, $250,000 or more.

(2) A characterization ofsuch payment as paid, eamed but not received, or prospegtive.

(3) An indication of potential subject matter about which he anticipates lobbying.Proposed law provides that such indication is to be made by choosing from one ormore items on a list of potential subject matter categories. Proposed law lists 32such categories. Proposed law provides that the unintentional omission of apotentialsubject mafter is not a violation.

(4) The identity of each elected local govemmont offrcial or spouse of an elected localgovemment official with whom he or his employer or principal has, or has had in thepreceding 12 months a business relationship.

Proposed law defines "business relationship" (relative to a local govemment official and hisspouse) as any transaction, contract or activity that is conducted or undertakur for profit andwhich arises from ajoint ownership interest, partnership, or common legal entity betweena lobbyist his employer, or principal and a local government official or his spouse when thelocal government official or his spouse owns l0olo or more of such interest or entity.

Proposed law provides that within l0 days of the termination of a registrant's employmentor representation, such regisfant must file a supplemental registration with the ethics boardacknowledging termination. Proposed law also provides that a regisftant who ceases

activities that require him to register must file a supplemental regisfialion acknowledgingtermination of lobbying activities, and that each such regisffant is required to file disclosurereports for each reporting period he was registered.

Proposed law provides that whenever any information contained in his regisfation changes,a lobbyist must file a supplemental electronic registration as soon as possible and in no eventnot later than five days ofsuch change using forms provided by the board.

Proposed law requires lobbyists to pay a $l l0 fee for each regisfration and renewal filed.

Proposed law requires thar, as provided by exhics board rule, each lobbyist file monthly, a

Page l8 of20Coding: Words which are strtrck:tttrrrugli are deletions from existing law;words in boldface tvne and underscored are additions.



report ofall expenditures requfued to be reported during the reporting period. Requires each

report to include the total aggregate expenditures during the calendar year, aggregated as

presoibed by the ethics board. Proposed law provides that the lobbyist must also report byname and agency the total expenditures for any local government official, his spouse, orminorchild duringareportingperiod andthe total amount of expenditures forany such localgovernment offrcial, his spouse, or minor child during the calendar year.

Proposed law requires the ethics board to promulgate rules and forms to prescribe the levelof organization unit or units of a local government agency for which expenditures are

required to be aggregated.

Proposed law also provides that each report is to include a stratement of total expendituresfor each registation or social gathering to which 25 local government officials are invitedand is to include the name of the group(s) invited and the date and location of the receptionor social gathering. Amounts so reported are not attributable to individual officials forreports as required above. Exempts from reporting requirements any expenditures by alobbyist for a reception or social gattrering held in coqiunction with a meeting of a nationalor regional organization of local government officials and expenditures for a meal orrefreshment consumed or offered to a local govemment official giving a speech, being amember of a panel, or otlerwise being involved in an informational presentation to a group.

Proposed law requires any expenditures by a lobbyist's principal or employer made in thepresencc ofthe lobbyist to be reported by the lobbyist. Requires any lobbyist's principal orernployer who makes direct expenditures required to be reported to timely furnish itslobbyist information about such expenditures as necessary for compliance. Requires suchinformation to be furnished to the lobbyist no later than two business days after the close ofeach reporting period.

Proposed law additionally specifies that any lobbyisfs principal or employer who makes

direct expenditures required to be reported and who fails to provide its lobbyist suchinformation is required to register as a lobbyist and is subject to penalties for violations.

Proposed law allows a lobbyisds principal or employer to opt to file the required reports onbehalf of all of the lobblsts who represent such principal's or employer's interests. Prooosed

!34g requires the principal or employer to noti! the ethics board no later than January 3l ofeach year. Proposed law provides that such option shall be effective for the reporting ofallexpenditures made during that calendar year. Proposed law requires the notification toinclude a listing of all persons on whose behalf the lobbyist's principal or employer is filingreports. Proposed law requires any lobbyist whose principal or employer opts to file tlterequired reports to timely fumish its principal or employer all information aboutexpenditures as necessary for compliancg no later tlran two business days after the close ofeach reporting period. Proposed law provides that any lobbyist's principal or employer whoopts to file the required reports who fails to file or timely file such reports are liable for andsubject to any applicable late fees or penalties, or both.

Proposed law requires that the ethics board:

(1) Register Iobbyists and assign lobbyist registration numbers. Requires such numberto be inscribed on registration forms and reports of the lobbyist.

(2) Issue each registered lobbyist a copy ofthe provisions and rules adopted.

(3) Promulgate all necessary rules and forms, including but not limited to rules andforms to prescribe the level of organizational unit or units of a local governmentagency for which expenditures required to be reported are to be aggregated.

(4) Publish all necessary forms electronically. Requires the board to make registrationfilings available to the public via the Internet.

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Proposed law makes the ethics board responsible for enforcement, and provides thatprovisions for enforcement of the Code of Govemrnental Ethics apply, includinginvestigation, hearing procedures, confidentiality, penalties, appeals, powers ofthe ethicsboard, and enforcement of orders. Proposed law prohibits commenc€ment of enforcementactions after two years after the alleged violation.

Proposed law authorizes the ethics board to impose and collect penalties and authorizes the

ethics board to censure any person found guilty ofa recurring or egregious violations ofpronosed law and prohibits such person from lobbying for not less than 30 days and notmorethan oneyear.

Proposed law provides for late fees of $50 per day for failure !o timely register or timely fileanj, report required byprew4!g.w,. Prooosed law provides that for being 1l or more days

late in registration or filing a report, after a hearing by the othics board, a civil penalty maybe assessed not to exceed $10,000.

Prooosed law provides that prior to the effective date of Broposed law and effective uponsignature of the govemor, the Board ofEthics is to take whatever action necessary, includingthe promulgation of rules and forms, for Xhe implementation and administration of theprovisions ofggposed !eg( by January l, 201 l.


(Amends R.S. 42:1132@), I 134(N), and I157(A)(l) and (3); adds R.S. 33:9661'9669)

Page20 of20Coding: Words which are stru€tsl*rough are deletions from existing law;words in boldface tyne and underscored ars additions.


2010 Regular Legislative SessionBILLS NryOLVING ETHICS

Updated 417/2010Page I of5


HB99 Jones Requires the nominating committee for theBoard of Ethics to provide no fewer than fivenames for each vacancy and to giveconsideration to the demographics of thepopulation of the state.

ASSIGNED TOHOUSE &

GOVERNMENTALAFFAIRS

HB24O Danahay Provides thatthe EAB issue the final decision, theEthics Board cannot ovenide the decision, and theemployees ofthe Board must enforce the decision.

ASSIGNED TOHOUSE &

GOVERNMENTALAFFAIRS

FIB258 Labruzzo Requires a person to file a financial disclosurestatement within 10 days of becoming a

candidate for an office and annually thereafter as

long as he is a candidate for the office.

ASSICTI{ED TOHOUSE &

GOVERNMENTALAFFAIRS

118296 Hutter Allows a public servant to accept gifts valued atless than $15 for customary social occasions,provided the aggregate for a calendar year doesnot exceed $45 per person.

ASSIGNED TOHOUSE &

GOVERNMENTALAFFAIRS

HB302 Smiley Requires the boards and commissions whosemembers are required to file Tier 2.1disclosuresto give notice to the Commissioner ofAdministation who in turn must post suchinformation on a website.

ASSIGNED TOHOUSE &

GOVERNMENTALAFFAIRS

H8566 Abramsom Requires those holding a public office disclosureby certain officials of infonnation relative toemployment and appointnent of campaignconftibutors.

ASSIGNED TOHOUSE &

GOVERNMENTALAFFAIRS

FIB 670 Henry Permits parishes governed by a home rule charterwith a population in excess of 400,000 to create alocal ethics entity with law enforcement authority

ASSIGNED TOHOUSEMI.INICIPAL &PAROCHIALAFFAIRS



HB 731 Pugh Provides a specific exception from the PublicRecords Law for agency head reports


HB 734 Pearson Extends the time period from l2l3l/09 tol2l31ll0 to permit public employees to receivedonations from not-for-profit organizations tooffset economic losses as result of HurricanesKatrina and Rita and adds St. Tammany ParishLaw Officer Relief Fund to the list oforganizations.


HB 758 Hutter Provides for the disclosure of the name of theaccused upon conclusion of amatter initiated by acomplaint upon written request by the accused.

ASSIGNED TOHOUSE &GOVERNMENTALAFFAIR.S

HB 761 White Requires public employees of a parish with apopulation of more than 50,000 or of a

municipality with a population of more than35,000 whom the parish or municipality has

authorized to negotiate or determine the terms ofa contact for the parish or municipality to filepersonal financial disclosure reports under Tier2.


HB 933 Perry Creates an exception to allow a member ofahospital service district to enter into tansactionswith his agency provided the amount of thetransaction does not exceed $1,500 a month.


I{B 1038 Greene Requires elected offrrcials who hold district ormajor level office to file additional campaignfinance disclosure reports each April, July and

October unless the official notifies the Board thathe has a report due in connection with an electionwithin 30 days of the due date of the report.


FIB 1059 Abramson Amends the election code to provide that if a

public servant uses public funds that in anymanner urges an elector to vote for or against a

candidate or proposition, the public servant willreimburse the public entity.


o

Updated 4/712010Page 2 of5


Bill No. Author Summarv Position/Status

TIB 1143 Gallot Repeals the requirement that the Board of Ethicsadopt the decisions of the EAB. Provides that aperson may request a review of a decision of apanel of the EAB by the tull EAB and that theEthics Board may request a review on a question

of law; changes references to a defendant torespondent; provides for members of the EAB toserve 3 yearterms and for an alternate judge to filIany vacancy on the EAB. Provides that the EthicsBoard must file charges within 1 year of thereceipt by the Ethics Board of a complaint or if nocomplaint was received within I year of the date

the Ethics Board voted to consider the matter orwithin 4 years of the alleged violation. Repeals

1163 and 1lalc(3Xc).


HB 1178 Connick. et al. Provides for members of the EAB to serve 3 yearterms; requires the EAB to consider priordecisions and actions of the EAB and itspredecessors; Provides that a person may requesta review of a decision of a panel of the EAB bythe tullEAB.


rfB tt79 Ligi, et al. Provides that the Ethics Board may appeal a

decision of the EAB on questions of law and

confined to the record created at the hearing andtlrat if the Ethics Board does not prevail in theappeal, the court may award reasonable attomeyfees and court costs to the other party. Clarifiesttrat an appeal of the decision of the Ethics Boardmust be made by application to the Ethics Boardwithin 30 days after the mailing of the notice ofthe decision.


TTB I2O2 Gallot Provides that the Ethics Board may appeal a

decision of the EAB on questions of law and thatif the Ethics Board does not prevail in the appeal,the Ethics Board shall be responsible for thepayment ofthe reasonable attorney fees and courtcosts of the other party. Clarifies that an appeal ofthe decision of the Ethics Board must be made byapplication to the Ethics Board within 30 days

after the mailing of the notice of the decision.


Updated 4/7/2010Page 3 of5


BiIl No. Author Summary Position/Status

I{B 1203 Gallot Provides that the Ethics Board must file charges

within I year of the receipt by the Ethics Board ofa complaint or if no complaint was receivedwithin I year of the date the Ethics Board voted toconsider the matter or within 4 years of the allegedviolation. "Receipt by the Board" means receiptby a member of the board, a member of the staffofthe board, or any person employed or acting onbehalf of the board. Repeals 1163 and1lalC(3)(c).


HCR 51 Gallot Requests the Board of Ethics to work with theOffice of Facility Planning and Control todetermine the cost of installing AV equipment inthe Boardos meeting room.

PENDING HOUSEFINAL PASSAGE

SB72 Appel Requires appointed and elected judges to file aTier 2 disclosure report and receive taining onthe provisions of the Ethics Code and theCampaign Finance Disclosure Act.

ASSIGNED TOSENATE &

GOVERNMENTALAFFAIRS

126SB Adley Extends the prohibition against contacting withstate govemment to immediate family members ofcertain public servants, allows the spouse of thepublic servant to enter into competitively bidcontacts and extends the prohibition to such

contracts to the spouse and immediate familymembers of undersecretaries.

ASSICINED TOSENATE &GOVERNMENTALAFFAIRS

58277 Martiny Provides for the disclosure by higher educationinstitutions of gifts of $100,000 or more made byforeign governments or persons.


SB 310 Kostelka Provides for a two-year term for members of theEAII, for the filling of vacancies on the EAB, forthe appeal of decisions of the EAB, and removesthe necessity of the Board approving the EAB'sdecisions.


Updated 41712010

Page 4 of5


IBiIl No. Author Summary Position/Status

SB 4I8 Kostelka Provides that the Ethics Board issue charges bysending a letter by certified mail to the person

accused of the violation. Provides that a mattershall be dismissed if the Ethics Board does notissue charges within 1 year of the receipt of a

swom complaint by the Ethics Board or its staff.Provides that if no sworn complaint is received, amatter shall be dismissed ifthe Ethics Board does

not issue charges within 2yeusfrom the date theEthics Board or its staff discovers the allegedviolation, within 1 year from the date the EthicsBoard voted to consider the matter or within 4years of the alleged violation. Provides that the 4year period is peremptive and may not be

intemrpted.


SB 470 Long Creates an exception for a child, who is a licensedphysician, of a member of a board ofcommissioners for a hospital service distict in aparish that has a population of 50,000 or less orthat is specified as rural from entering into acontract, individually or through a legal entity,with the hospital, or a subcontract under thejurisdiction of the hospital. Further provides thatthe board member must recuse himself inconnection with tansactions relating to suchcontacts.


SB 622 Walsworth Extends the exception allowing persons with acontact for advertising services with Dept. OfCulture, Recreation and Tourism to contract withother persons who have contacts with theDeparhent to include the Dept. of Wildlife and

Fisheries and the Deparhrent of Agriculture.


SCR 2 Murray Requests the Law Institute to study changes tothe Code enacted in the 2008 exfaordinary and

regular sessions and to make recommendationsregarding those changes.


Updated 4/712010Page 5 of5


HLS l0RS-ll16


HOUSE BILL NO. 1216

BY REPRESENTATTVE GALLOT

ORIGINAL

LEGISLATION: Makes technical corrections in various provisions of the LouisianaRevised Statutes

I A}IACT

2 To amend and reenact various provisions of the Code of Civil Procedure and the Code of

3 Criminal Procedure and provisions of tlte Louisiana Revised Statutes of 1950,

4 rclative to the Louisiana Revised Statutes of 1950 and certain codal provisions of

5 law; to provide for technical corrections to certain Revised Statutes and codal

6 provisions; and to provide for related matters.


8 Section l. Code ofCivil Procedure Article2593 is hereby amended and reenacted

9 to read as follows:

l0 r'.rt.2593. Pleadings

I I A summary proceeding may be commenced by the filing of a confadictory

12 motion or by a rule to show cause, exc€pt as otherwise provided by law.

13 Exceptions to a confiadictory motion, rule to show cause, opposition, or

14 petition in a summary proceeding shall bs filed prior to the time assigned for, and

15 shall be disposed of sngb the nial. An answer is not required except as otherwise

16 provided by law.

17 No responsive pleadings to an exception are permitted.

18 Section 2. Code of Crirninal Procedure Articles 512 and 513 are hereby amended

19 andreenactedto read as follows:

20 Art.5l2. Assignment of counsel in capital cases

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HLS IORS-I116 ORIGINALr{BNO.1216

(5) The salary of each legislative assistant shall be paid from the funds ofthe

respective hotrs€B house. withdrawn from the siate treasury and deposited in the

manner provided in R.S. 24:31.1, and shall be paid to each individual legislative

assistant whose employment and salary have been certified by a member to his

respective presiding officer. Payment shall be by check signed by the speaker ofthe

House of Representatives as to the salary of legislative assistants to House members

and by the president ofthe Senate as to the salary of legislative assistants to Scnate

members. Facsimile sigratures may be used.

C.(lXa) 'Vfhsnlf a legislator employs only one legislative assistant, suctt&

assistant may participate in the state's group life, health, and hospitalization

insurance program and the state employees'retirement system p'rovidcdsuclr if the

assistant receives al least sixty percent ofthe total compensation available to employ

the legislative assistant.

$52. Persons to whom applicable; exceptions

Unless tlre context cleady indicates othenrise, the provisions ofthis Part shall

applyonlytopersonswhoarelobbyistsasdefinedinR.S.24:51. Theprovisionsof

this Part shall not apply to an elected official or any dcsignces designee oft{rs an

elected officia! when such designee is a public employee and when such elected

offrcial or public employee is acting in the performance of his or her official public

duties.

**tt

$55. Lobbyist expenditure reports

D.

(2) For the purposes of this Section, the aggregate amount or any per

occasion amount attributable to a legislator or Sg spouse or minor child of a

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HLS IORS.II16 ORIGINALHBNO.1216

legislator or public servant, other than a legislator, in the legislative branch ofstate

govemment shall not include any expendifure which is required to be reported in

Paragraph (E)(l) or (2) of this Section or which is exempt under Paragxaph @)(3) of

this Section.

E.

(2Xa) Any expenditure, as defined in this ParL- for any reception or social

gafhering sponsored in whole or in part by a lobbyist, individually or on behalf of a

principal he represents, held in conjunction with a meeting ofa national or regional

organization of legislators or legislative staffshall be reported by includingthe name

ofthe national or regional organization, the date and location ofthe reception or

social gathering, a general description of persons associated with the organization

invited to attend the reception or social gathering, and the amount of the expenditure.

$101. Purpose and findings

A. The sta0e of Louisiana faces a severe decline in revenues through fiscal

year 2012 which, if no corrective action is taken, will leave a significant funding gap

in state government expenditures and will create serious sustainability issues in the

financing of state obligations.

B. It is essential that the sate act now to reduce the cost of state government,

through all means available, including efficiencies, economies, greater effectiveness,

and other means to sfieamline government in order to overcome the projected severe

revenue reductions occurring through 2012 and to ensure that available stale tax

dollars are being spent efficiently and effectively. Many state agencies were created

over thirty years ago and a review of att4sncies each agenc), and its activities,

functions, programs, and services is needed to determine whether the purpose ssrved

by the agency or activity, function, program, or service continues to bs relevant.

*r{.*

$107. Finances

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Documents

April 2010 General Regular Page 1 of 258 - Louisianaethics.la.gov/Pub/Agendas/FullAgendas/201004/General Regular.pdfcalled the public hearing in Docket No. 08-1104 to explore charges