HLS 12RS-171 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 141
BY REPRESENTATIVE ST. GERMAIN
ETHICS/FINANCIAL DISCLOS: Provides relative to deadlines and time periods for
certain filings and notices relative to financial disclosure statements
AN ACT1
To amend and reenact R.S. 18:1495.7(A) and R.S. 42:1124.4(A)(2), relative to financial2
disclosure; to change the deadline for certain disclosures by candidates for certain3
offices; to change the time for certain notices relative to financial disclosure4
statements; to provide for penalties; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 18:1495.7(A) is hereby amended and reenacted to read as follows:7
§1495.7. Financial disclosure statements8
A. Any person who becomes a candidate for an office for which the holder9
of the office is required to file financial disclosure statements pursuant to R.S.10
42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by11
R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The12
statement required by this Section shall be filed within ten days of the day three13
business days after the close of the qualifying period during which the candidate files14
his notice of candidacy for the office. If the person is required by R.S. 42:1124,15
1124.2, or 1124.3 to file a statement for the office for which he is a candidate, such16
filing shall satisfy the requirements of this Section.17
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HB NO. 141
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CODING: Words in struck through type are deletions from existing law; words underscored
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Section 2. R.S. 42:1124.4(A)(2) is hereby amended and reenacted to read as follows:1
§1124.4. Penalties2
A.3
* * *4
(2) The notice of delinquency shall inform the person that the financial5
statement must be filed, or that the information must be disclosed or accurately6
disclosed, or that a written answer contesting the allegation of such a failure,7
omission, or inaccuracy must be filed no later than fourteen seven business days after8
receipt of the notice of delinquency. The notice shall include the deadline for filing9
the statement, filing the answer, or disclosing or accurately disclosing the10
information.11
* * *12
Section 3. This Act shall become effective on January 1, 2013.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
St. Germain HB No. 141
Abstract: Changes the time a candidate must file the required financial disclosure
statement from 10 days after filing his notice of candidacy to within three business
days after the close of the qualifying period during which the person filed his notice
of candidacy and changes the time a person has to respond to a notice of delinquency
relative to financial disclosure statements from 14 business days after receipt to
seven business days after receipt.
Present law (Election Code–R.S. 18:1495.7) requires any person who becomes a candidate
for an office for which the holder of the office is required to file financial disclosure
statements pursuant to present law (Code of Governmental Ethics–R.S. 42:1124, 1124.2, or
1124.3) shall file a financial disclosure statement as required by present law for the office
for which he is a candidate. Requires the statement to be filed within 10 days of the day the
candidate files his notice of candidacy for the office. Provides that if the person is required
by present law (R.S. 42:1124, 1124.2, or 1124.3) to file a statement for the office for which
he is a candidate, such filing shall satisfy the requirements of present law (R.S. 18:1495.7).
Proposed law requires instead that the statement be filed within three business days of the
close of the qualifying period during which the candidate filed his notice of candidacy;
otherwise retains present law.
Present law provides that any person who fails to file or fails to timely file the financial
statement, or who fails to disclose or fails to accurately disclose information required to be
included in the financial statement shall be subject to penalties as provided in present law HLS 12RS-171 ENGROSSED
HB NO. 141
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are additions.
(R.S. 42:1124.4). Present law (R.S. 42:1124.4) provides that if a person fails to timely file
a financial disclosure statement or if a person omits required information, or the ethics board
has reason to believe inaccurate information is included on the statement, the board shall
send the person a notice of delinquency by certified mail. Present law provides that the
person has 14 business days from the receipt of the notice to respond either by filing the
statement, disclosing or accurately disclosing the information, or filing an answer contesting
the allegation.
Proposed law provides instead that the person has seven business days from receipt of the
notice to respond; otherwise retains present law.
Present law provides that the failure to respond by the deadline contained in the notice of
delinquency shall result in the imposition of penalties ($500 per day for Tier 1 filers; $100
per day up to a maximum of $2,500 for Tier 2 filers; and $50 per day up to a maximum of
$1,500 for Tier 2.1 and Tier 3 filers). Proposed law retains present law.
Effective Jan. 1, 2013.
(Amends R.S. 18:1495.7(A) and R.S. 42:1124.4(A)(2))