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Regular Session, 2010
SENATE BILL NO. 311
BY SENATOR KOSTELKA
CAMPAIGN FINANCE. Provides relative to campaign contributions and expenditures by
individuals. (gov sig)
AN ACT1
To amend and reenact R.S. 18:1486(B) and 1491.7(B)(4), relative to contributions by2
individuals to political committees and certain expenditures by certain individuals;3
to provide relative to reporting requirements for individual contributions in the form4
of a payroll deduction or dues check-off system; to provide relative to expenditures5
made in support of or in opposition to a proposition by certain persons; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 18:1486(B) and 1491.7(B)(4) are hereby amended and reenacted to9
read as follows: 10
§1486. Proposition elections; required reports; recall elections11
* * *12
B. These requirements shall be applicable only if the aggregate amount of13
contributions, loans, and transfers of funds received and accepted or expenditures14
made equals or exceeds two hundred dollars at any time during the aggregating15
period; except that, with regard to expenditures made in support of or in16
opposition to a proposition or question submitted to the voters by a person who17 SB NO. 311
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is not a candidate or a member of the principal campaign committee of a1
candidate or of a political committee, these requirements shall be applicable2
only if the aggregate amount of expenditures made equals or exceeds one3
thousand dollars. "Aggregating period" for purposes of this Section shall mean the4
period from the date on which the first contribution is received or the first5
expenditure is made by the person or political committee, whichever is earlier,6
through the closing date for the last report required to be filed in accordance with this7
Chapter.8
* * *9
§1491.7. Reports; contents10
* * *11
B. Each report required to be in conformity with this Section shall contain12
the following information:13
* * *14
(4) Contribution(s) received during the reporting period for which the report15
is being completed shall be reported, and the same shall be reported irrespective of16
the amount thereof except as otherwise provided, as follows:17
(a) The full name and address of each person who has made one or more18
contributions, except contributions in the form of a payroll deduction or dues19
check-off system, to and which have been received and accepted by the political20
committee during the reporting period; the aggregate amount of such contributions,21
except in-kind contributions, from each person, and the date and amount of each22
such contribution; and a brief description of each in-kind contribution from each23
person, the valuation thereof made by the chairman and the campaign treasurer, and24
the date(s) of the in-kind contribution. Except that in the case of a political25
committee which supports multiple candidates and/or issues and which receives over26
ten thousand contributions in the form of a payroll deduction or dues check-off27
system when no single contributor contributes in excess of twenty four dollars in the28
aggregate in a calendar year, such committee may elect to report the names and29 SB NO. 311
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addresses of its contributors on an annual basis. Political committees making this1
election shall list the names and addresses of its contributors, the total amount of the2
contributions received per contributor, and the schedule of the receipt of such3
contributions on the annual report due by February fifteenth complete through the4
preceding December thirty-first.5
(b) The full name and address of each person who has made one or more6
contributions in the form of a payroll deduction or dues check-off system in7
excess of five dollars in the aggregate in a calendar year to and which have been8
received and accepted by the political committee during the reporting period,9
and the date and amount of each contribution. In the case of a political10
committee that supports multiple candidates or issues and receives over ten11
thousand contributions in the form of a payroll deduction or dues check-off12
system when no single contributor contributes in excess of twenty-four dollars13
in the aggregate in a calendar year, such committee may elect to report the14
names and addresses of its contributors on an annual basis. Political15
committees making this election shall list the names and addresses of its16
contributors, the total amount of the contributions received per contributor,17
and the schedule of the receipt of such contributions on the annual report due18
by February fifteenth complete through the preceding December thirty-first.19
(c) The aggregate amount of all contributions, other than in-kind20
contributions, received and accepted during the reporting period.21
(c) (d) The aggregate valuation of in-kind contributions received during the22
reporting period.23
* * *24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 SB NO. 311
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The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by McHenry Lee.
DIGEST
Kostelka (SB 311)
Present law provides that contributions to a political committee received during the reporting
period provided for by present law must be reported to the Supervisory Committee on
Campaign Finance Disclosure (Board of Ethics), irrespective of the amount of the
contribution, as follows:
(1)The full name and address of each person who has made one or more contributions
to a political committee that have been received and accepted by the political
committee during the reporting period, along with the aggregate amount of such
contributions, except in-kind contributions, and the date and amount of each
contribution. In the case of a political committee that supports multiple candidates
and/or issues and receives over 10,000 contributions in the form of a payroll
deduction or dues check-off system, when no single contributor contributes in excess
of $24 in the aggregate in a calendar year, such committee may elect to report the
names and addresses of its contributors on an annual basis. Political committees
reporting in this way must list the names and addresses of its contributors, the total
amount of the contributions received per contributor, and the schedule of the receipt
of such contributions on the annual report due by February 15
th
complete through the
preceding December 31
st
.
(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 thereof
made by the chairman and the campaign treasurer, and the date of each in-kind
contribution.
(3)The aggregate amount of all contributions, other than in-kind contributions, received
and accepted during the reporting period.
(4)The aggregate valuation of in-kind contributions received during the reporting
period.
Proposed law provides that, with regard to contributions in the form of a payroll deduction
or dues check-off system, only the full name and address of a person who has made one or
more such contributions in excess of $5 in the aggregate in a calendar year needs to be
reported.
Proposed law otherwise retains present law.
Present law provides that any person, including a political committee, who makes any
expenditure in support of or in opposition to a proposition or question submitted to the voters
is required to file reports of such contributions and expenditures, if the aggregate amount of
contributions, loans, and transfers of funds received and accepted or expenditures made
equals or exceeds $200 at any time during the aggregating period.
Proposed law retains the provisions of present law but further provides that, with regard to
expenditures made in support of or in opposition to a proposition or question submitted to
the voters by a person who is not a candidate or a member of the principal campaign
committee of a candidate or a political committee, the reporting requirements of present law
are applicable only if the aggregate amount of expenditures made equals or exceeds $1,000. SB NO. 311
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law otherwise retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 18:1486(B) and 1491.7(B)(4))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Legislative Bureau technical amendments.