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Regular Session, 2010 ENROLLED
SENATE BILL NO. 507
BY SENATOR JACKSON
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
Statutes of 1950, R.S. 27:316, and R.S. 47:9072.18
* * *19
§1134. Powers, duties, and responsibilities of the board20
* * *21
N.(1) On a regular basis, the board shall conduct educational activities,22
seminars, and publish appropriate materials which provide instruction and23
information relative to the subjects of ethics and conflicts of interest concerning the24
following provisions: the Code of Governmental Ethics; the Campaign Finance25
Disclosure Act; the provisions of Part III of Chapter 1 of Title 24 relative to lobbying26
of the legislature; the provisions of Part IV of Chapter 1 of Title 49 of the Louisiana27
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Revised Statutes of 1950 relative to lobbying of executive branch agencies; the1
provisions of Chapter 46 of Title 33 of the Louisiana Revised Statutes of 1950,2
relative to lobbying local government; the Louisiana Riverboat Economic3
Development and Gaming Control Act; the Louisiana Economic Development and4
Gaming Corporation Act; the Louisiana Lottery Corporation Law; the Video Draw5
Poker Devices Control Law; and any other matter within the board's jurisdiction or6
as provided in this Chapter. Such activities, seminars, and materials shall explain the7
law in plain language and shall be open or available to public servants in all state and8
local agencies, persons who do business with such agencies, candidates, lobbyists,9
and any other interested persons.10
(2) The board shall design and make available to all interested persons via the11
Internet training and educational materials pertaining to the Code of Governmental12
Ethics; the Campaign Finance Disclosure Act; the provisions of Part III of Chapter13
1 of Title 24 relative to lobbying of the legislature; the provisions of Chapter 46 of14
Title 33 of the Louisiana Revised Statutes of 1950, relative to lobbying local15
government; and the provisions of Part IV of Chapter 1 of Title 49 of the Louisiana16
Revised Statutes of 1950 relative to lobbying of executive branch agencies.17
* * *18
§1157. Late filing fees19
A.(1) The staff of the board may automatically assess and order the payment20
of late filing fees, in accordance with rules adopted by the board, for any failure to21
timely file any report or statement due under any law under its jurisdiction as22
provided in R.S. 42:1132(C), R.S. 24:50 et seq., or R.S. 49:71 et seq., or R.S.23
33:9661 et seq. The board shall promulgate rules to facilitate the carrying out of the24
provisions of this Chapter regarding order for and payment of late fees. Any appeal25
of such order for the payment of late fees shall be to the board, which shall26
promulgate rules governing the procedure for appeals of late filing fees.27
* * *28
(3) The late filing fees for any lobbyist required to register and file reports29
under the provisions of R.S. 24:50 et seq., shall be as provided in R.S. 24:58(D). The30 SB NO. 507 ENROLLED
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late filing fees for any lobbyist required to register and file reports under the1
provisions of R.S. 49:71 et seq., shall be as provided in R.S. 49:78(D). The late2
filing fees for any lobbyist required to register and file reports under the3
provisions of R.S. 33:9661 et seq., shall be as provided in R.S. 33:9668(D).4
* * *5
Section 2. Chapter 46 of Title 33 of the Louisiana Revised Statutes of 1950,6
comprised of R.S. 33:9661 through 9669, is hereby enacted to read as follows:7
CHAPTER 46. LOBBYING LOCAL GOVERNMENT8
§9661. Purpose9
The legislature declares that the operation of open and responsible10
government requires that the fullest opportunity be afforded to the people to11
petition their government for the redress of grievances and to express freely12
their opinions on actions of local government. To preserve and maintain the13
integrity of local government action, the legislature also declares it is necessary14
that the identity of persons who attempt to influence actions of local government15
and certain expenditures by those persons be publicly disclosed.16
§9662. Definitions17
When used in this Chapter:18
(1) "Ethics board" means the ethics body which has jurisdiction over19
elected officials under Chapter 15 of Title 42 of the Louisiana Revised Statutes20
of 1950.21
(2) "Local government action" means any act by a local government22
agency or official to effectuate the public powers, functions, and duties of a local23
government official or a local government agency, including but not limited to24
any act in the nature of policymaking, rulemaking, adjudication, licensing,25
regulation, or enforcement; relative to contracts, requests for proposals,26
development of specifications, or engaging another person to perform a27
governmental function; to adopt, repeal, increase, or decrease any fee imposed28
on the affairs, actions, or persons regulated by a local government agency; or29
to affect the passage, defeat, or implementation of any legislation.30 SB NO. 507 ENROLLED
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(3) "Local government agency" or "agency" means any political1
subdivision, including any parish, municipality, school board, or special district,2
and any other unit of local government and any department, office, agency,3
board, commission, district, governing authority, committee, subcommittee,4
advisory board, task force, or other instrumentality of a political subdivision or5
other unit of local government. The terms "local government agency" or6
"agency" shall not include any entity which is an executive branch agency as7
defined in R.S. 49:72 or any unit of the legislative or judicial branch of state8
government.9
(4) "Local government official" or "official" means an elected official,10
an appointed official, or an employee in a local government agency.11
(5) "Expenditure" means the gift or payment of money or any thing of12
value for the purchase of food, drink, or refreshment for a local government13
official or for the spouse or minor child of a local government official for the14
purpose of lobbying or any gift or payment permitted by R.S. 42:1123(13) when15
the lobbyist or principal accounts, or would be expected to account, for the16
expenditure as an ordinary and necessary expense directly related to the active17
conduct of the lobbyist's, his employer's, or the principal's trade or business.18
(6) "Lobbying" or "to lobby" means any direct act or communication19
with a local government official, the purpose of which is to aid in influencing a20
local government action.21
(7) Lobbyist means any person who acts in a representative capacity and22
makes an expenditure in excess of five hundred dollars in the aggregate within23
the calendar year.24
However, "lobbyist" shall not mean any person who does not make any25
direct act or have any direct communication with a local governmental official26
for the purpose of influencing a local governmental action.27
(8) "Person" means an individual, partnership, committee, association,28
corporation, and any other organization or group of persons.29
§9663. Persons to whom applicable; exceptions30 SB NO. 507 ENROLLED
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Except as otherwise provided in this Chapter relative to a principal or1
employer of a lobbyist, the provisions of this Chapter shall apply only to persons2
who are lobbyists as defined in R.S. 33:9662. An elected or appointed public3
official or any designee of such an official acting in the performance of his4
public duties shall not be considered to be a lobbyist as defined in this Chapter.5
§9664. Registration of lobbyists with the ethics board; compilation of6
information7
A. Each lobbyist shall register with the ethics board as soon as possible8
after employment as a lobbyist or after the first action requiring his registration9
as a lobbyist, whichever occurs first, and in any event not later than five days10
after employment as a lobbyist or not later than five days after the first action11
requiring his registration as a lobbyist, whichever occurs first. He shall12
electronically file with the ethics board using forms provided by it, the following13
information:14
(1) His name and business address.15
(2) The name and address of each person by whom he is employed and,16
if different, whose interests he represents, including the business in which that17
person is engaged.18
(3)(a) The name of each person by whom he is paid or is to be paid, the19
amount he is paid or is to be paid for the purpose of lobbying, and a20
characterization of such payment as paid, earned but not received, or21
prospective.22
(b) Amounts required to be disclosed pursuant to this Paragraph shall23
be reported by category of value. The categories shall be:24
(i) Category I, $24,999 or less.25
(ii) Category II, $25,000-$49,999.26
(iii) Category III, $50,000-$99,999.27
(iv) Category IV, $100,000-$249,999.28
(v) Category V, $250,000 or more.29
(4)(a) An indication of potential subject matter about which he30 SB NO. 507 ENROLLED
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anticipates lobbying.1
(b) Indication of potential subject matters shall be made by choosing2
from the following potential subject matter categories:3
(i) Aerospace and space technology.4
(ii) Agriculture: horticulture; livestock; poultry.5
(iii) Agriculture: forestry; timber.6
(iv) Alcohol and other beverages.7
(v) Arts and entertainment.8
(vi) Aquaculture and fisheries.9
(vii) Business and private and commercial enterprises.10
(viii) Banking, financial, and accounting.11
(ix) Charities and social services, faith-based organizations, and12
community outreach.13
(x) Computers, hardware, software, and intellectual property.14
(xi) Construction, contracting, and real estate.15
(xii) Educational services: colleges; technical schools; trade schools.16
(xiii) Environmental quality, conservation, and wildlife preservation.17
(xiv) Gaming.18
(xv) Government: local; municipal; parish; state; federal.19
(xvi) Health care: hospitals; nursing homes; elderly care; hospice.20
(xvii) Health care: physicians; nurse practitioners; nurses.21
(xviii) Health care: pharmaceutical and medical devices; research;22
development; sales.23
(xix) Homeland security.24
(xx) Hotels, restaurants, and tourism.25
(xxi) Insurance.26
(xxii) International trade.27
(xxiii) Law and lawyers.28
(xxiv) Manufacturing: oil and gas; mining; refining; production;29
chemical industry.30 SB NO. 507 ENROLLED
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(xxv) Manufacturing: wholesale.1
(xxvi) Military and veterans affairs.2
(xxvii) Public safety, police, and fire.3
(xxviii) Telecommunications.4
(xxix) Tobacco industry.5
(xxx) Transportation.6
(xxxi) Unions, labor issues, and special advocacy groups.7
(xxxii) Utilities: electric; gas; water; nuclear.8
(c) The unintentional omission of a potential subject matter as provided9
in this Paragraph shall not be a violation of this Chapter.10
(5)(a) The identity of each elected local government official or spouse of11
an elected local government official with whom he or his employer or principal12
has or has had in the preceding twelve months a business relationship.13
(b) For the purposes of this Paragraph,"business relationship" means14
any transaction or activity that is conducted or undertaken for profit and which15
arises from a joint ownership interest, partnership, or common legal entity16
between a lobbyist or his employer or principal and an elected local government17
official or spouse of an elected local government official when the elected local18
government official or spouse of the elected local government official owns ten19
percent or more of such interest, partnership, or legal entity.20
(6) One copy of a two-inch-by-two-inch recent photograph of the21
registrant made within the prior six months shall be filed with the initial22
registration form.23
B. At the time of the initial registration of a lobbyist, the ethics board24
shall assign the lobbyist a registration number, which number shall be inscribed25
on the registration form. This number shall be inscribed on each supplemental26
registration form, renewal form, and expenditure report filed by the lobbyist.27
C. A registration shall expire on December thirty-first of each year28
unless the lobbyist submits a renewal on forms provided by the ethics board.29
The registrant may file his renewal any time from December first until January30 SB NO. 507 ENROLLED
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thirty-first. Failure to file the renewal form by January thirty-first each year1
shall cause the registration to expire retroactively as of December thirty-first2
of the preceding year.3
D.(1) Within ten days of termination of a registrant's employment or4
representation of any person, the registrant shall file a supplemental5
registration with the ethics board acknowledging the termination of his6
employment or representation.7
(2) Each registrant who ceases activities requiring him to register shall8
file a supplemental registration with the ethics board acknowledging the9
termination of his lobbying activities.10
(3) Each registrant who has terminated his registration must file11
disclosure reports for each reporting period during which he was registered.12
E. The forms shall be published electronically by the ethics board.13
Registrations which have been filed shall be maintained by the ethics board and14
made available to the public via the Internet. The electronic filing by a lobbyist15
of any information required under this Section shall constitute a certification16
that the information is true and correct to the best of his knowledge,17
information, and belief and that no information required by this Chapter has18
been deliberately omitted.19
F. Whenever any information contained in his registration changes, or20
the lobbyist begins representing an additional person, a supplemental electronic21
registration shall be filed with the ethics board as soon as possible after such22
change occurs and in any event not later than five days after such change using23
forms provided by the ethics board.24
§9665. Reports and statements under oath25
A.(1) All reports, registrations, and statements required under this26
Chapter shall include a certification of accuracy by the person responsible for27
filing the report, registration, or statement that the information contained in the28
report, registration, or statement is true and correct to the best of his29
knowledge, information, and belief; that no reportable expenditures have been30 SB NO. 507 ENROLLED
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made that are not included therein as required by law; and that no information1
required by this Chapter has been deliberately omitted.2
(2) Except as otherwise specifically provided in this Chapter, reports,3
registrations, and statements required under this Chapter shall be filed by4
mailing the documents through the United States Postal Service, delivering by5
hand or through a commercial delivery service, or by transmitting by facsimile6
or electronic transfer.7
B. All reports, registrations, and forms filed with the ethics board shall8
be maintained as public records and shall be made available for public9
inspection. The ethics board may charge a reasonable amount for copies of such10
reports.11
§9666. Lobbyist expenditure reports12
A. Each lobbyist registered under the provisions of this Chapter shall file13
with the ethics board, in the manner prescribed by the ethics board by rule in14
accordance with the provisions of this Chapter, a report of all expenditures15
incurred for the purpose of lobbying.16
B. A report shall be filed monthly. The report for each month shall be17
filed by the twenty-fifth day of the following month.18
C.(1) The report shall be electronically filed using forms provided by the19
ethics board in a format suitable for use on the database required by R.S.20
33:9667(4). The electronic filing by a lobbyist of any report required under this21
Section shall constitute a certification that the information contained in the22
report is true and correct to the best of his knowledge, information, and belief;23
that no reportable expenditures have been made that are not included therein24
as required by law; and that no information required by this Chapter has been25
deliberately omitted.26
(2) A lobbyist shall retain records that document all reports made27
pursuant to this Chapter for no less than three years.28
D.(1) Each report shall include the following:29
(a) A listing of each subject matter lobbied during each reporting period30 SB NO. 507 ENROLLED
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pursuant to R.S. 33:9664(A)(4).1
(b) The total of all expenditures made during each reporting period2
aggregated in the manner prescribed by the ethics board by rule.3
(c) The aggregate total of expenditures attributable to an individual local4
government official during each reporting period, including the name of the5
local government official and his local government agency.6
(d) The aggregate total of expenditures attributable to the spouse or7
minor child of a local government official during each reporting period. The8
name of the spouse or minor child shall not be included. The aggregate total of9
such expenditures shall be reported as follows:10
"The aggregate total of expenditures attributable to the spouse of (insert11
name of local government official) was (insert aggregate total of expenditures).12
The aggregate total of expenditures attributable to the minor child or13
children of (insert name of local government official) was (insert aggregate total14
of expenditures)."15
(e) The aggregate total of expenditures for all reporting periods during16
the same calendar year, aggregated in the manner prescribed by the ethics17
board by rule.18
(f) The aggregate total of all expenditures attributable to an individual19
local government official for all reporting periods during the same calendar20
year, including the name of the local government official and his local21
government agency.22
(g) The aggregate total of all expenditures attributable to the spouse or23
minor child of a local government official for all reporting periods during the24
same calendar year. The name of the spouse or minor child shall not be25
included. The aggregate total of such expenditures shall be reported as follows:26
"The aggregate total of expenditures attributable to the spouse of (insert27
name of local government official) for all reporting periods during the year was28
(insert aggregate total of expenditures).29
The aggregate total of expenditures attributable to the minor child or30 SB NO. 507 ENROLLED
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children of (insert name of local government official) for all reporting periods1
during the year was (insert aggregate total of expenditures)."2
(2) For the purposes of this Section, the aggregate amount or any per3
occasion amount attributable to a local government official or spouse or minor4
child of a local government official shall not include any expenditure which is5
otherwise required to be reported in Paragraph (E)(1) of this Section or which6
is exempt as provided in Paragraph (E)(2) or (3) of this Section.7
E.(1) Each report shall include a statement of the expenditure for each8
reception, social gathering, or other function to which more than twenty-five9
local government officials are invited. Any report of such amount shall include10
the name of the group or groups invited and the date and location of the11
reception, social gathering, or other function.12
(2) Any expenditure, as defined in this chapter, for any reception or13
social gathering sponsored in whole or in part by a lobbyist, individually or on14
behalf of a principal he represents, held in conjunction with a meeting of a15
national or regional organization of local government officials shall be exempt16
from the provisions of this Chapter.17
(3) Any expenditure for any meal or refreshment consumed by or offered18
to a local government official which is incidental to the local government official19
giving a speech, being a member of a panel, or otherwise being involved in an20
informational presentation to a group shall be exempt from the provisions of21
this Chapter.22
F.(1)(a) Any expenditures by a lobbyist's principal or employer made in23
the presence of the lobbyist shall be reported by the lobbyist as provided in this24
Chapter.25
(b) Any lobbyist's principal or employer who makes direct expenditures26
required to be reported pursuant to this Chapter shall timely furnish its27
lobbyist information about such expenditures as necessary for compliance with28
this Chapter. Such information shall be furnished to the lobbyist no later than29
two business days after the close of each reporting period.30 SB NO. 507 ENROLLED
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(c) Any lobbyist's principal or employer who makes direct expenditures1
required to be reported pursuant to this Chapter who fails to provide its2
lobbyist the information regarding such expenditures as provided in3
Subparagraph (b) of this Paragraph shall be required to register as a lobbyist4
pursuant to this Chapter and shall be subject to penalties for violations of this5
Chapter.6
(2)(a) Notwithstanding any provision of this Chapter to the contrary, a7
lobbyist's principal or employer may opt to file reports required by this Section8
in the manner prescribed by the ethics board by rule on behalf of all of the9
lobbyists who represent such principal's or employer's interests. If a lobbyist's10
principal or employer opts to file such reports, the principal or employer shall11
notify the ethics board no later than January thirty-first of each year, and such12
option shall be effective for the reporting of all expenditures made during that13
calendar year. The notification shall include a listing of all persons on whose14
behalf the lobbyist's principal or employer is filing the reports required by this15
Section.16
(b) Any lobbyist whose principal or employer opts pursuant to this17
Paragraph to file the reports required by this Section shall timely furnish its18
principal or employer all information about expenditures as necessary for19
compliance with this Chapter. Such information shall be furnished to the20
principal or employer no later than two business days after the close of each21
reporting period.22
(c) Any lobbyist's principal or employer who opts pursuant to this23
Paragraph to file the reports required by this Section who fails to file or timely24
file such reports shall be liable for and subject to any applicable late fees or25
penalties, or both, for violations of this Chapter.26
§9667. Administration27
The ethics board, in performance of its duties under this Chapter, shall:28
(1) Register lobbyists and assign lobbyist registration numbers as29
required by this Chapter.30 SB NO. 507 ENROLLED
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(2) Issue to each registered lobbyist at the time of initial registration a1
copy of this Chapter and any rules adopted pursuant to this Chapter.2
(3) Promulgate all rules and forms necessary for the implementation3
and administration of this Chapter, including but not limited to rules and forms4
to prescribe the level of organizational unit or units of a local government5
agency for which expenditures required to be reported pursuant to this Chapter6
shall be aggregated.7
(4) Establish and maintain access to a searchable, electronic database8
available to the public via the Internet.9
§9668. Enforcement10
A. The ethics board shall be responsible for the enforcement of11
provisions of this Chapter. The provisions of Part III of Chapter 15 of Title 4212
of the Louisiana Revised Statutes of 1950, shall be applicable to enforcement of13
this Chapter.14
B. No action to enforce any provision of this Chapter shall be15
commenced after expiration of two years after the occurrence of the alleged16
violation.17
C. The ethics board shall have the authority to impose and collect18
penalties in accordance with the provisions of Part III of Chapter 15 of Title 4219
of the Louisiana Revised Statutes of 1950, for a violation of this Chapter. In20
addition, for recurring or egregious violations of this Chapter, the ethics board21
may censure any person found guilty of such violation by the ethics board and22
prohibit such person from lobbying for not less than thirty days and not more23
than one year.24
D. In addition to any other applicable penalties:25
(1) Any person required to register and who fails to timely register and26
any person who fails to timely file any report required by this Chapter shall be27
assessed, pursuant to R.S. 42:1157, a late fee of fifty dollars per day.28
(2) Any person whose registration or report is filed eleven or more days29
after the day on which it was due shall be assessed, in addition to any late fees30 SB NO. 507 ENROLLED
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pursuant to this Section, after a hearing by the ethics board, a civil penalty not1
to exceed ten thousand dollars.2
(3) If the board determines that a person has filed a registration or3
report required by this Chapter that is inaccurate or incomplete, the board shall4
mail by certified mail a notice of delinquency informing the person that the5
inaccuracy must be corrected or the missing information must be provided no6
later than fourteen business days after receipt of the notice of delinquency. The7
notice of delinquency shall include the deadline for correcting the inaccuracy8
or providing the missing information. If the person corrects the inaccuracy or9
provides the missing information prior to the deadline contained in the notice10
of delinquency, no penalties shall be assessed against the person.11
(4) Whoever fails to correct the inaccuracy or provide the missing12
information by the deadline included in the notice of delinquency shall be13
subject to penalties as provided by law.14
(5) Any person, who with knowledge of its falsity, files a registration or15
report as required in this Chapter that contains a false statement or false16
representation of a material fact, shall be subject to the assessment of the civil17
penalties provided in Part III of Chapter 15 of Title 42 of the Louisiana Revised18
Statutes of 1950, and the findings of the board relative to such filing shall be19
referred by the board to the appropriate district attorney for prosecution20
pursuant to R.S. 14:133.21
§9669. Prohibited conduct; additional remedies; contract defeat or voidability22
A. No person shall enter into a contract to act in a representative23
capacity for the purpose of lobbying and fail to register or fail to file a24
supplemental registration providing the name and address of the person by25
whom he is employed or engaged and, if different, whose interests he represents26
pursuant to such contract as required by this Chapter.27
B. Any person who violates the provisions of Subsection A of this Section28
shall have engaged in a misrepresentation sufficient to defeat or void the29
contract such person entered into to act in a representative capacity for the30 SB NO. 507 ENROLLED
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purpose of lobbying. Any effort to register or to file a supplemental registration1
after any remedy or relief relative to such a violation is sought pursuant to any2
provision of law shall not be sufficient to reverse the misrepresentation.3
C. The board shall afford any person accused of violating Subsection A4
of this Section a hearing in accordance with the provisions of Part III of5
Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950. If the board6
finds that a person violated the provisions of Subsection A of this Section, the7
board shall order that the contract entered into for the purpose of lobbying by8
such person is void and the provisions thereof unenforceable.9
D. The provisions of this Section shall be in addition to any other10
applicable penalties or any other remedy or relief provided by law.11
Section 3. Prior to the effective date of this Act, the Board of Ethics shall take12
whatever action may be necessary, including the promulgation of rules and forms, for the13
implementation and administration of the provisions of Section 1 of this Act by January 1,14
2011.15
Section 4. The provisions of this Section and Section 3 of this Act shall become16
effective upon signature by the governor or, if not signed by the governor, upon expiration17
of the time for bills to become law without signature by the governor, as provided in Article18
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and19
subsequently approved by the legislature, the provisions of this Section and Section 3 of this20
Act shall become effective on the day following such approval.21
Section 5. The provisions of Sections 1 and 2 of this Act shall become effective on22
January 1, 2011.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: