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Regular Session, 2010
SENATE BILL NO. 507
BY SENATOR JACKSON
LOBBYING. Provides for the regulation and disclosure of expenditures by persons who
lobby local government. (8/15/10)
AN ACT1
To amend and reenact R.S. 42:1132(D), 1134(N), and 1157(A)(1) and (3) and to enact2
Chapter 46 of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised3
of R.S. 33:9661 through 9669, relative to the regulation of lobbying; to provide for4
the regulation of lobbying of local government; to provide for the reporting of certain5
expenditures by principals and employers of lobbyists; to provide definitions; to6
provide for registration, reporting, and disclosure; to provide for administration and7
enforcement; to provide for penalties; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 42:1132(D), 1134(N), and 1157(A)(1) and (3) are hereby amended10
and reenacted to read as follows:11
§1132. Board of Ethics12
* * *13
D. Additional Jurisdiction. The board shall administer and enforce the14
provisions of R.S. 27:63, 96, 226, 261, and Part III of Chapter 1 of Title 24 of the15
Louisiana Revised Statutes of 1950, Part IV of Chapter 1 of Title 49 of the Louisiana16
Revised Statutes of 1950, Chapter 46 of Title 33 of the Louisiana Revised17 SB NO. 507
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Statutes of 1950, R.S. 27:316, and R.S. 47:9072.1
* * *2
§1134. Powers, duties, and responsibilities of the board3
N.(1) On a regular basis, the board shall conduct educational activities,4
seminars, and publish appropriate materials which provide instruction and5
information relative to the subjects of ethics and conflicts of interest concerning the6
following provisions: the Code of Governmental Ethics; the Campaign Finance7
Disclosure Act; the provisions of Part III of Chapter 1 of Title 24 relative to lobbying8
of the legislature; the provisions of Part IV of Chapter 1 of Title 49 of the Louisiana9
Revised Statutes of 1950 relative to lobbying of executive branch agencies; the10
provisions of Chapter 46 of Title 33 of the Louisiana Revised Statutes of 1950,11
relative to lobbying local government; the Louisiana Riverboat Economic12
Development and Gaming Control Act; the Louisiana Economic Development and13
Gaming Corporation Act; the Louisiana Lottery Corporation Law; the Video Draw14
Poker Devices Control Law; and any other matter within the board's jurisdiction or15
as provided in this Chapter. Such activities, seminars, and materials shall explain the16
law in plain language and shall be open or available to public servants in all state and17
local agencies, persons who do business with such agencies, candidates, lobbyists,18
and any other interested persons.19
(2) The board shall design and make available to all interested persons via the20
Internet training and educational materials pertaining to the Code of Governmental21
Ethics; the Campaign Finance Disclosure Act; the provisions of Part III of Chapter22
1 of Title 24 relative to lobbying of the legislature; the provisions of Chapter 46 of23
Title 33 of the Louisiana Revised Statutes of 1950, relative to lobbying local24
government; and the provisions of Part IV of Chapter 1 of Title 49 of the Louisiana25
Revised Statutes of 1950 relative to lobbying of executive branch agencies.26
* * *27
§1157. Late filing fees28
A.(1) The staff of the board may automatically assess and order the payment29 SB NO. 507
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of late filing fees, in accordance with rules adopted by the board, for any failure to1
timely file any report or statement due under any law under its jurisdiction as2
provided in R.S. 42:1132(C), R.S. 24:50 et seq., or R.S. 49:71 et seq., or R.S.3
33:9661 et seq. The board shall promulgate rules to facilitate the carrying out of the4
provisions of this Chapter regarding order for and payment of late fees. Any appeal5
of such order for the payment of late fees shall be to the board, which shall6
promulgate rules governing the procedure for appeals of late filing fees.7
* * *8
(3) The late filing fees for any lobbyist required to register and file reports9
under the provisions of R.S. 24:50 et seq., shall be as provided in R.S. 24:58(D). The10
late filing fees for any lobbyist required to register and file reports under the11
provisions of R.S. 49:71 et seq., shall be as provided in R.S. 49:78(D). The late12
filing fees for any lobbyist required to register and file reports under the13
provisions of R.S. 33:9661 et seq., shall be as provided in R.S. 33:9668(D).14
Section 2. Chapter 46 of Title 33 of the Louisiana Revised Statutes of 1950,15
comprised of R.S. 33:9661 through 9669, is hereby enacted to read as follows:16
CHAPTER 46. LOBBYING LOCAL GOVERNMENT17
§9661. Purpose18
The legislature declares that the operation of open and responsible19
government requires that the fullest opportunity be afforded to the people to20
petition their government for the redress of grievances and to express freely21
their opinions on actions of local government. To preserve and maintain the22
integrity of local government action, the legislature also declares it is necessary23
that the identity of persons who attempt to influence actions of local government24
and certain expenditures by those persons be publicly disclosed.25
§9662. Definitions26
When used in this Chapter:27
(1) "Ethics board" means the ethics body which has jurisdiction over28
elected officials under Chapter 15 of Title 42 of the Louisiana Revised Statutes29 SB NO. 507
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of 1950.1
(2) "Local government action" means any act by a local government2
agency or official to effectuate the public powers, functions, and duties of a local3
government official or a local government agency, including but not limited to4
any act in the nature of policymaking, rulemaking, adjudication, licensing,5
regulation, or enforcement; relative to contracts, requests for proposals,6
development of specifications, or engaging another person to perform a7
governmental function; to adopt, repeal, increase, or decrease any fee imposed8
on the affairs, actions, or persons regulated by a local government agency; or9
to affect the passage, defeat, or implementation of any legislation.10
(3) "Local government agency" or "agency" means any authority,11
office, department, district, unit, board, commission, institution, or any12
quasi-public entity created in local government by or pursuant to law or by or13
pursuant to the constitution. The terms "local government agency" or "agency"14
shall not include any unit of the executive, legislative, or judicial branch of state15
government, or any political subdivision of the state or any agency thereof.16
(4) "Local government official" or "official" means an elected official,17
an appointed official, or an employee in a local government agency.18
(5) "Expenditure" means the gift or payment of money or any thing of19
value for the purchase of food, drink, or refreshment for a local government20
official or for the spouse or minor child of a local government official for the21
purpose of lobbying or any gift or payment permitted by R.S. 42:1123(13) when22
the lobbyist or principal accounts, or would be expected to account, for the23
expenditure as an ordinary and necessary expense directly related to the active24
conduct of the lobbyist's, his employer's, or the principal's trade or business.25
(6) "Lobbying" or "to lobby" means any direct act or communication26
with a local government official, the purpose of which is to aid in influencing a27
local government action.28
(7)(a) "Lobbyist" means either of the following:29 SB NO. 507
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(i) Any person who is employed or engaged for compensation to act in a1
representative capacity for the purpose of lobbying if lobbying constitutes one2
of the principal duties of such employment or engagement and makes an3
expenditure in excess of five hundred dollars in the aggregate within the4
calendar year.5
(ii) Any person who acts in a representative capacity and makes an6
expenditure in excess of five hundred dollars in the aggregate within the7
calendar year.8
(b) However, "lobbyist" shall not mean any person who does not make9
any direct act or have any direct communication with a local governmental10
official for the purpose of influencing a local governmental action.11
(8) "Person" means an individual, partnership, committee, association,12
corporation, and any other organization or group of persons.13
§9663. Persons to whom applicable; exceptions14
Except as otherwise provided in this Chapter relative to a principal or15
employer of a lobbyist, the provisions of this Chapter shall apply only to persons16
who are lobbyists as defined in R.S. 33:9662. An elected or appointed public17
official or any designee of such an official acting in the performance of his18
public duties shall not be considered to be a lobbyist as defined in this Chapter.19
§9664. Registration of lobbyists with the ethics board; compilation of20
information21
A. Each lobbyist shall register with the ethics board as soon as possible22
after employment as a lobbyist or after the first action requiring his registration23
as a lobbyist, whichever occurs first, and in any event not later than five days24
after employment as a lobbyist or not later than five days after the first action25
requiring his registration as a lobbyist, whichever occurs first. He shall26
electronically file with the ethics board using forms provided by it, the following27
information:28
(1) His name and business address.29 SB NO. 507
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(2) The name and address of each person by whom he is employed and,1
if different, whose interests he represents, including the business in which that2
person is engaged.3
(3)(a) The name of each person by whom he is paid or is to be paid, the4
amount he is paid or is to be paid for the purpose of lobbying, and a5
characterization of such payment as paid, earned but not received, or6
prospective.7
(b) Amounts required to be disclosed pursuant to this Paragraph shall8
be reported by category of value. The categories shall be:9
(i) Category I, $24,999 or less.10
(ii) Category II, $25,000-$49,999.11
(iii) Category III, $50,000-$99,999.12
(iv) Category IV, $100,000-$249,999.13
(v) Category V, $250,000 or more.14
(4)(a) An indication of potential subject matter about which he15
anticipates lobbying.16
(b) Indication of potential subject matters shall be made by choosing17
from the following potential subject matter categories:18
(i) Aerospace and space technology.19
(ii) Agriculture: horticulture; livestock; poultry.20
(iii) Agriculture: forestry; timber.21
(iv) Alcohol and other beverages.22
(v) Arts and entertainment.23
(vi) Aquaculture and fisheries.24
(vii) Business and private and commercial enterprises.25
(viii) Banking, financial, and accounting.26
(ix) Charities and social services, faith-based organizations, and27
community outreach.28
(x) Computers, hardware, software, and intellectual property.29 SB NO. 507
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(xi) Construction, contracting, and real estate.1
(xii) Educational services: colleges; technical schools; trade schools.2
(xiii) Environmental quality, conservation, and wildlife preservation.3
(xiv) Gaming.4
(xv) Government: local; municipal; parish; state; federal.5
(xvi) Health care: hospitals; nursing homes; elderly care; hospice.6
(xvii) Health care: physicians; nurse practitioners; nurses.7
(xviii) Health care: pharmaceutical and medical devices; research;8
development; sales.9
(xix) Homeland security.10
(xx) Hotels, restaurants, and tourism.11
(xxi) Insurance.12
(xxii) International trade.13
(xxiii) Law and lawyers.14
(xxiv) Manufacturing: oil and gas; mining; refining; production;15
chemical industry.16
(xxv) Manufacturing: wholesale.17
(xxvi) Military and veterans affairs.18
(xxvii) Public safety, police, and fire.19
(xxviii) Telecommunications.20
(xxix) Tobacco industry.21
(xxx) Transportation.22
(xxxi) Unions, labor issues, and special advocacy groups.23
(xxxii) Utilities: electric; gas; water; nuclear.24
(c) The unintentional omission of a potential subject matter as provided25
in this Paragraph shall not be a violation of this Chapter.26
(5)(a) The identity of each elected local government official or spouse of27
an elected local government official with whom he or his employer or principal28
has or has had in the preceding twelve months a business relationship.29 SB NO. 507
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(b) For the purposes of this Paragraph,"business relationship" means1
any transaction or activity that is conducted or undertaken for profit and which2
arises from a joint ownership interest, partnership, or common legal entity3
between a lobbyist or his employer or principal and an elected local government4
official or spouse of an elected local government official when the elected local5
government official or spouse of the elected local government official owns ten6
percent or more of such interest, partnership, or legal entity.7
(6) One copy of a two-inch-by-two-inch recent photograph of the8
registrant made within the prior six months shall be filed with the initial9
registration form.10
B. At the time of the initial registration of a lobbyist, the ethics board11
shall assign the lobbyist a registration number, which number shall be inscribed12
on the registration form. This number shall be inscribed on each supplemental13
registration form, renewal form, and expenditure report filed by the lobbyist.14
C. A registration shall expire on December thirty-first of each year15
unless the lobbyist submits a renewal on forms provided by the ethics board16
along with the appropriate fee. The registrant may file his renewal any time17
from December first until January thirty-first. Failure to file the renewal form18
by January thirty-first each year shall cause the registration to expire19
retroactively as of December thirty-first of the preceding year.20
D.(1) Within ten days of termination of a registrant's employment or21
representation of any person, the registrant shall file a supplemental22
registration with the ethics board acknowledging the termination of his23
employment or representation.24
(2) Each registrant who ceases activities requiring him to register shall25
file a supplemental registration with the ethics board acknowledging the26
termination of his lobbying activities.27
(3) Each registrant who has terminated his registration must file28
disclosure reports for each reporting period during which he was registered.29 SB NO. 507
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E. The forms shall be published electronically by the ethics board.1
Registrations which have been filed shall be maintained by the ethics board and2
made available to the public via the Internet. The electronic filing by a lobbyist3
of any information required under this Section shall constitute a certification4
that the information is true and correct to the best of his knowledge,5
information, and belief and that no information required by this Part has been6
deliberately omitted.7
F. Whenever any information contained in his registration changes, or8
the lobbyist begins representing an additional person, a supplemental electronic9
registration shall be filed with the ethics board as soon as possible after such10
change occurs and in any event not later than five days after such change using11
forms provided by the ethics board.12
G. Each lobbyist shall pay a fee of one hundred ten dollars with each13
registration and each renewal of registration form filed. No additional fee shall14
be paid for filing supplemental registration.15
§9665. Reports and statements under oath16
A.(1) All reports, registrations, and statements required under this17
Chapter shall include a certification of accuracy by the person responsible for18
filing the report, registration, or statement that the information contained in the19
report, registration, or statement is true and correct to the best of his20
knowledge, information, and belief; that no reportable expenditures have been21
made that are not included therein as required by law; and that no information22
required by this Chapter has been deliberately omitted.23
(2) Except as otherwise specifically provided in this Chapter, reports,24
registrations, and statements required under this Chapter shall be filed by25
mailing the documents through the United States Postal Service, delivering by26
hand or through a commercial delivery service, or by transmitting by facsimile27
or electronic transfer.28
B. All reports, registrations, and forms filed with the ethics board shall29 SB NO. 507
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be maintained as public records and shall be made available for public1
inspection. The ethics board may charge a reasonable amount for copies of such2
reports.3
§9666. Lobbyist expenditure reports4
A. Each lobbyist registered under the provisions of this Chapter shall file5
with the ethics board, in the manner prescribed by the ethics board by rule in6
accordance with the provisions of this Chapter, a report of all expenditures7
incurred for the purpose of lobbying.8
B. A report shall be filed monthly. The report for each month shall be9
filed by the twenty-fifth day of the following month.10
C.(1) The report shall be electronically filed using forms provided by the11
ethics board in a format suitable for use on the database required by R.S.12
49:77(4). The electronic filing by a lobbyist of any report required under this13
Section shall constitute a certification that the information contained in the14
report is true and correct to the best of his knowledge, information, and belief;15
that no reportable expenditures have been made that are not included therein16
as required by law; and that no information required by this Chapter has been17
deliberately omitted.18
(2) A lobbyist shall retain records that document all reports made19
pursuant to this Chapter for no less than three years.20
D.(1) Each report shall include the following:21
(a) A listing of each subject matter lobbied during each reporting period22
pursuant to R.S. 49:74(A)(4).23
(b) The total of all expenditures made during each reporting period24
aggregated in the manner prescribed by the ethics board by rule.25
(c) The aggregate total of expenditures attributable to an individual local26
government official during each reporting period, including the name of the27
local government official and his local government agency.28
(d) The aggregate total of expenditures attributable to the spouse or29 SB NO. 507
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minor child of a local government official during each reporting period. The1
name of the spouse or minor child shall not be included. The aggregate total of2
such expenditures shall be reported as follows:3
"The aggregate total of expenditures attributable to the spouse of (insert4
name of local government official) was (insert aggregate total of expenditures).5
The aggregate total of expenditures attributable to the minor child or6
children of (insert name of local government official) was (insert aggregate total7
of expenditures)."8
(e) The aggregate total of expenditures for all reporting periods during9
the same calendar year, aggregated in the manner prescribed by the ethics10
board by rule.11
(f) The aggregate total of all expenditures attributable to an individual12
local government official for all reporting periods during the same calendar13
year, including the name of the local government official and his local14
government agency.15
(g) The aggregate total of all expenditures attributable to the spouse or16
minor child of a local government official for all reporting periods during the17
same calendar year. The name of the spouse or minor child shall not be18
included. The aggregate total of such expenditures shall be reported as follows:19
"The aggregate total of expenditures attributable to the spouse of (insert20
name of local government official) for all reporting periods during the year was21
(insert aggregate total of expenditures).22
The aggregate total of expenditures attributable to the minor child or23
children of (insert name of local government official) for all reporting periods24
during the year was (insert aggregate total of expenditures)."25
(2) For the purposes of this Section, the aggregate amount or any per26
occasion amount attributable to a local government official or spouse or minor27
child of a local government official shall not include any expenditure which is28
otherwise required to be reported in Paragraph (E)(1) of this Section or which29 SB NO. 507
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is exempt as provided in Paragraph (E)(2) or (3) of this Section.1
E.(1) Each report shall include a statement of the expenditure for each2
reception, social gathering, or other function to which more than twenty-five3
local government officials are invited. Any report of such amount shall include4
the name of the group or groups invited and the date and location of the5
reception, social gathering, or other function.6
(2) Any expenditure, as defined herein, for any reception or social7
gathering sponsored in whole or in part by a lobbyist, individually or on behalf8
of a principal he represents, held in conjunction with a meeting of a national or9
regional organization of local government officials shall be exempt from the10
provisions of this Chapter.11
(3) Any expenditure for any meal or refreshment consumed by or offered12
to a local government official which is incidental to the local government official13
giving a speech, being a member of a panel, or otherwise being involved in an14
informational presentation to a group shall be exempt from the provisions of15
this Chapter.16
F.(1)(a) Any expenditures by a lobbyist's principal or employer made in17
the presence of the lobbyist shall be reported by the lobbyist as provided in this18
Chapter.19
(b) Any lobbyist's principal or employer who makes direct expenditures20
required to be reported pursuant to this Chapter shall timely furnish its21
lobbyist information about such expenditures as necessary for compliance with22
this Chapter. Such information shall be furnished to the lobbyist no later than23
two business days after the close of each reporting period.24
(c) Any lobbyist's principal or employer who makes direct expenditures25
required to be reported pursuant to this Chapter who fails to provide its26
lobbyist the information regarding such expenditures as provided in27
Subparagraph (b) of this Paragraph shall be required to register as a lobbyist28
pursuant to this Chapter and shall be subject to penalties for violations of this29 SB NO. 507
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Chapter.1
(2)(a) Notwithstanding any provision of this Chapter to the contrary, a2
lobbyist's principal or employer may opt to file reports required by this Section3
in the manner prescribed by the ethics board by rule on behalf of all of the4
lobbyists who represent such principal's or employer's interests. If a lobbyist's5
principal or employer opts to file such reports, the principal or employer shall6
notify the ethics board no later than January thirty-first of each year, and such7
option shall be effective for the reporting of all expenditures made during that8
calendar year. The notification shall include a listing of all persons on whose9
behalf the lobbyist's principal or employer is filing the reports required by this10
Section.11
(b) Any lobbyist whose principal or employer opts pursuant to this12
Paragraph to file the reports required by this Section shall timely furnish its13
principal or employer all information about expenditures as necessary for14
compliance with this Chapter. Such information shall be furnished to the15
principal or employer no later than two business days after the close of each16
reporting period.17
(c) Any lobbyist's principal or employer who opts pursuant to this18
Paragraph to file the reports required by this Section who fails to file or timely19
file such reports shall be liable for and subject to any applicable late fees or20
penalties, or both, for violations of this Chapter.21
§9667. Administration22
The ethics board, in performance of its duties under this Chapter, shall:23
(1) Register lobbyists and assign lobbyist registration numbers as24
required by this Chapter.25
(2) Issue to each registered lobbyist at the time of initial registration a26
copy of this Chapter and any rules adopted pursuant to this Chapter.27
(3) Promulgate all rules and forms necessary for the implementation28
and administration of this Chapter, including but not limited to rules and forms29 SB NO. 507
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to prescribe the level of organizational unit or units of a local government1
agency for which expenditures required to be reported pursuant to this Chapter2
shall be aggregated.3
(4) Establish and maintain access to a searchable, electronic database4
available to the public via the Internet.5
§9668. Enforcement6
A. The ethics board shall be responsible for the enforcement of7
provisions of this Chapter. The provisions of Part III of Chapter 15 of Title 428
of the Louisiana Revised Statutes of 1950, shall be applicable to enforcement of9
this Chapter.10
B. No action to enforce any provision of this Chapter shall be11
commenced after expiration of two years after the occurrence of the alleged12
violation.13
C. The ethics board shall have the authority to impose and collect14
penalties in accordance with the provisions of Part III of Chapter 15 of Title 4215
of the Louisiana Revised Statutes of 1950, for a violation of this Chapter. In16
addition, for recurring or egregious violations of this Chapter, the ethics board17
may censure any person found guilty of such violation by the ethics board and18
prohibit such person from lobbying for not less than thirty days and not more19
than one year.20
D. In addition to any other applicable penalties:21
(1) Any person required to register and who fails to timely register and22
any person who fails to timely file any report required by this Chapter shall be23
assessed, pursuant to R.S. 42:1157, a late fee of fifty dollars per day.24
(2) Any person whose registration or report is filed eleven or more days25
after the day on which it was due shall be assessed, in addition to any late fees26
pursuant to this Section, after a hearing by the ethics board, a civil penalty not27
to exceed ten thousand dollars.28
(3) If the board determines that a person has filed a registration or29 SB NO. 507
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report required by this Chapter that is inaccurate or incomplete, the board shall1
mail by certified mail a notice of delinquency informing the person that the2
inaccuracy must be corrected or the missing information must be provided no3
later than fourteen business days after receipt of the notice of delinquency. The4
notice of delinquency shall include the deadline for correcting the inaccuracy5
or providing the missing information. If the person corrects the inaccuracy or6
provides the missing information prior to the deadline contained in the notice7
of delinquency, no penalties shall be assessed against the person.8
(4) Whoever fails to correct the inaccuracy or provide the missing9
information by the deadline included in the notice of delinquency shall be10
subject to penalties as provided by law.11
(5) Any person, who with knowledge of its falsity, files a registration or12
report as required in this Chapter that contains a false statement or false13
representation of a material fact, shall be subject to the assessment of the civil14
penalties provided in Part III of Chapter 15 of Title 42 of the Louisiana Revised15
Statutes of 1950, and the findings of the board relative to such filing shall be16
referred by the board to the appropriate district attorney for prosecution17
pursuant to R.S. 14:133.18
§9669. Prohibited conduct; additional remedies; contract defeat or voidability19
A. No person shall enter into a contract to act in a representative20
capacity for the purpose of lobbying and fail to register or fail to file a21
supplemental registration providing the name and address of the person by22
whom he is employed or engaged and, if different, whose interests he represents23
pursuant to such contract as required by this Chapter.24
B. Any person who violates the provisions of Subsection A of this Section25
shall have engaged in a misrepresentation sufficient to defeat or void the26
contract such person entered into to act in a representative capacity for the27
purpose of lobbying. Any effort to register or to file a supplemental registration28
after any remedy or relief relative to such a violation is sought pursuant to any29 SB NO. 507
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provision of law shall not be sufficient to reverse the misrepresentation.1
C. The board shall afford any person accused of violating Subsection A2
of this Section a hearing in accordance with the provisions of Part III of3
Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950. If the board4
finds that a person violated the provisions of Subsection A of this Section, the5
board shall order that the contract entered into for the purpose of lobbying by6
such person is void and the provisions thereof unenforceable.7
D. The provisions of this Section shall be in addition to any other8
applicable penalties or any other remedy or relief provided by law.9
Section 3. Prior to the effective date of this Act, the Board of Ethics shall take10
whatever action may be necessary, including the promulgation of rules and forms, for the11
implementation and administration of the provisions of Section 1 of this Act by January 1,12
2011.13
Section 4. The provisions of this Section and Section 3 of this Act shall become14
effective upon signature by the governor or, if not signed by the governor, upon expiration15
of the time for bills to become law without signature by the governor, as provided in Article16
III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently17
approved by the legislature, the provisions of this Section and Section 3 of this Act shall18
become effective on the day following such approval.19
Section 5. The provisions of Sections 1 and 2 of this Act shall become effective on20
January 1, 2011.21
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 Cathy Wells.
DIGEST
Jackson (SB 507)
Present law provides that the Board of Ethics is to administer certain provisions of present
law, including the Code of Governmental Ethics and the Campaign Finance Disclosure Act.
Proposed law provides that the Board of Ethics is also to administer the provisions of
proposed law relative to lobbying of local government.
Present law provides that, on a regular basis, the Board of Ethics is to conduct educational
activities, seminars, and publish appropriate materials that provide instruction and SB NO. 507
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words in boldface type and underscored are additions.
information relative to the subjects of ethics and conflicts of interest concerning certain
provisions of present law, including the Code of Governmental Ethics and the Campaign
Finance Disclosure Act.
Proposed law makes this provision of present law applicable to proposed law.
Present law provides that the Board of Ethics is to design and make available to all interested
persons via the Internet training and educational materials pertaining to certain provisions
of present law, including the Code of Governmental Ethics and the Campaign Finance
Disclosure Act.
Proposed law makes this provision of present law applicable to proposed law.
Proposed law defines terms, including:
(1)Local government action - means any act by a local agency or official to effectuate
the public powers, functions, and duties of a local government official or a local
government agency, including but not limited to any act in the nature of
policymak ing, rulemaking, adjudication, licensing, regulation, or enforcement;
relative to contracts, requests for proposals, development of specifications, or
engaging another person to perform a governmental function; to adopt, repeal,
increase, or decrease any fee imposed on the affairs, actions, or persons regulated by
a local government agency; or to affect the passage, defeat, or implementation of any
legislation.
(2)Local government agency - any authority, office, department, district, unit, board,
commission, institution, or any quasi-public entity created in local government by
or pursuant to law or by or pursuant to the constitution in a local governmental or
local political subdivision. Excludes any unit of the executive, legislative, or judicial
branches of state government or any agency thereof.
(3)Local government official - an elected official, an appointed official, or an employee
in a local government agency.
(4)Expenditure - the gift or payment of money or any thing of value for the purchase of
food, drink, or refreshment for the purpose of lobbying and any gift or payment
permitted by the ethics code for certain events for a local government official, his
spouse, or minor child for the purpose of lobbying when the lobbyist or principal
accounts or would be expected to account for the expenditure as an ordinary and
necessary expense directly related to the active conduct of the lobbyist's, his
employer's, or the principal's trade or business.
(5)Lobbying - any direct act or communication with a local government official, the
purpose of which is to aid in influencing a local government action.
(6)Lobbyist - any person who is employed or engaged for compensation to act in a
representative capacity for the purpose of lobbying if lobbying constitutes one of the
principal duties of such employment or engagement and makes an expenditure in
excess of $500 in the aggregate within a calendar year or any person who acts in a
representative capacity and makes an expenditure in excess of five hundred dollars
in the aggregate within the calendar year. However, "lobbyist" does not mean a
person who does not make any direct act or have any direct communication with a
local governmental official for the purpose of influencing a local governmental
action.
Proposed law provides that except as otherwise provided for lobbyist's principals and
employers, provisions are applicable only to persons who are lobbyists. Proposed law
specifies that an elected or appointed official or any designee of such an official acting in SB NO. 507
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the performance of his public duties is not to be considered a lobbyist as defined in proposed
law.
Proposed law provides that persons register with the ethics board as soon as possible after
employment as a lobbyist or after the first action requiring registration whichever occurs
first, but in no event later than five days after employment or five days after the first action
requiring his registration whichever occurs first. Requires that the registration be filed
electronically with the board.
Proposed law provides that registration renewal can occur anytime from Dec. 1 until Jan. 31
and that failure to renew by Jan. 31 of each year causes registration to expire retroactively
to Dec. 31. Requires that the lobbyist provide the following information: his name, business
address, 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 by
whom he is paid; and adds that he must include with his initial registration one copy of a 2"
x 2" photograph made within six months prior to the initial registration. Requires a
supplemental registration form to be filed when any information changes.
Proposed law further requires that the following information be filed by a lobbyist:
(1)The amount he is paid or is to be paid for lobbying using category ranges established
in proposed law. Category ranges in proposed law are: Category I, less than
$24,999; Category II, $25,000 - $49,999; Category III, $50,000-$99,999; Category
IV, $100,000-$249,000; Category V, $250,000 or more.
(2)A characterization of such payment as paid, earned but not received, or prospective.
(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 or
more items on a list of potential subject matter categories. Proposed law lists 32
such categories. Proposed law provides that the unintentional omission of a potential
subject matter is not a violation.
(4)The identity of each elected local government official or spouse of an elected local
government official with whom he or his employer or principal has, or has had in the
preceding 12 months a business relationship.
Proposed law defines "business relationship" (relative to a local government official and his
spouse) as any transaction, contract, or activity that is conducted or undertaken for profit and
which arises from a joint ownership interest, partnership, or common legal entity between
a lobbyist, his employer, or principal and a local government official or his spouse when the
local government official or his spouse owns 10% or more of such interest or entity.
Proposed law provides that within 10 days of the termination of a registrant's employment
or representation, such registrant must file a supplemental registration with the ethics board
acknowledging termination. Proposed law also provides that a registrant who ceases
activities that require him to register must file a supplemental registration acknowledging
termination of lobbying activities, and that each such registrant is required to file disclosure
reports for each reporting period he was registered.
Proposed law provides that whenever any information contained in his registration changes,
a lobbyist must file a supplemental electronic registration as soon as possible and in no event
not later than five days of such change using forms provided by the board.
Proposed law requires lobbyists to pay a $110 fee for each registration and renewal filed.
Proposed law requires that, as provided by ethics board rule, each lobbyist file monthly, a
report of all expenditures required to be reported during the reporting period. Requires each SB NO. 507
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report to include the total aggregate expenditures during the calendar year, aggregated as
prescribed by the ethics board. Proposed law provides that the lobbyist must also report by
name and agency the total expenditures for any local government official, his spouse, or
minor child during a reporting period and the total amount of expenditures for any such local
government official, his spouse, or minor child during the calendar year.
Proposed law requires the ethics board to promulgate rules and forms to prescribe the level
of 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 statement of total expenditures
for each registration or social gathering to which 25 local government officials are invited
and is to include the name of the group(s) invited and the date and location of the reception
or social gathering. Amounts so reported are not attributable to individual officials for
reports as required above. Exempts from reporting requirements any expenditures by a
lobbyist for a reception or social gathering held in conjunction with a meeting of a national
or regional organization of local government officials and expenditures for a meal or
refreshment consumed or offered to a local government official giving a speech, being a
member of a panel, or otherwise being involved in an informational presentation to a group.
Proposed law requires any expenditures by a lobbyist's principal or employer made in the
presence of the lobbyist to be reported by the lobbyist. Requires any lobbyist's principal or
employer who makes direct expenditures required to be reported to timely furnish its
lobbyist information about such expenditures as necessary for compliance. Requires such
information to be furnished to the lobbyist no later than two business days after the close of
each reporting period.
Proposed law additionally specifies that any lobbyist's principal or employer who makes
direct expenditures required to be reported and who fails to provide its lobbyist such
information is required to register as a lobbyist and is subject to penalties for violations.
Proposed law allows a lobbyist's principal or employer to opt to file the required reports on
behalf of all of the lobbyists who represent such principal's or employer's interests. Proposed
law requires the principal or employer to notify the ethics board no later than January 31 of
each year. Proposed law provides that such option shall be effective for the reporting of all
expenditures made during that calendar year. Proposed law requires the notification to
include a listing of all persons on whose behalf the lobbyist's principal or employer is filing
reports. Proposed law requires any lobbyist whose principal or employer opts to file the
required reports to timely furnish its principal or employer all information about
expenditures as necessary for compliance, no later than two business days after the close of
each reporting period. Proposed law provides that any lobbyist's principal or employer who
opts to file the required reports who fails to file or timely file such reports are liable for and
subject to any applicable late fees or penalties, or both.
Proposed law requires that the ethics board:
(1)Register lobbyists and assign lobbyist registration numbers. Requires such number
to be inscribed on registration forms and reports of the lobbyist.
(2)Issue each registered lobbyist a copy of the provisions and rules adopted.
(3)Promulgate all necessary rules and forms, including but not limited to rules and
forms to prescribe the level of organizational unit or units of a local government
agency for which expenditures required to be reported are to be aggregated.
(4)Publish all necessary forms electronically. Requires the board to make registration
filings available to the public via the Internet. SB NO. 507
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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 makes the ethics board responsible for enforcement, and provides that
provisions for enforcement of the Code of Governmental Ethics apply, including
investigation, hearing procedures, confidentiality, penalties, appeals, powers of the ethics
board, and enforcement of orders. Proposed law prohibits commencement of enforcement
actions 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 of a recurring or egregious violations of
proposed law and prohibits such person from lobbying for not less than 30 days and not
more than one year.
Proposed law provides for late fees of $50 per day for failure to timely register or timely file
any report required by proposed law. Proposed law provides that for being 11 or more days
late in registration or filing a report, after a hearing by the ethics board, a civil penalty may
be assessed not to exceed $10,000.
Proposed law provides that prior to the effective date of proposed law and effective upon
signature of the governor, the Board of Ethics is to take whatever action necessary, including
the promulgation of rules and forms, for the implementation and administration of the
provisions of proposed law by January 1, 2011.
Effective August 15, 2010.
(Amends R.S. 42:1132(D), 1134(N), and 1157(A)(1) and (3); adds R.S. 33:9661-9669)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Re-defines the term "lobbyist".