ENROLLED Page 1 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. ACT No. 574 Regular Session, 2012 HOUSE BILL NO. 141 BY REPRESENTATIVE ST. GERMAIN AN ACT1 To amend and reenact R.S. 18:1495.7(A) and R.S. 42:1124(B) and (C)(introductory2 paragraph), 1124.2(B) and (C)(introductory paragraph), 1124.2.1(B) and3 (C)(introductory paragraph), 1124.3(B) and (C)(introductory paragraph), and4 1124.4(A)(2), relative to financial disclosure; to change the deadline for certain5 disclosures by candidates for certain offices; to change the time for certain notices6 relative to financial disclosure statements; to allow a person to file a financial7 statement covering the time served when service ends early in January in lieu of8 filing a statement for the calendar year in the year following termination of service;9 to provide for penalties; and to provide for related matters.10 Be it enacted by the Legislature of Louisiana:11 Section 1. R.S. 18:1495.7(A) is hereby amended and reenacted to read as follows:12 §1495.7. Financial disclosure statements13 A. Any person who becomes a candidate for an office for which the holder14 of the office is required to file financial disclosure statements pursuant to R.S.15 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by16 R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The17 statement required by this Section shall be filed within ten days of the day three18 business days after the close of the qualifying period during which the candidate files19 his notice of candidacy for the office. If the person is required by R.S. 42:1124,20 1124.2, or 1124.3 to file a statement for the office for which he is a candidate, such21 filing shall satisfy the requirements of this Section.22 * * *23 Section 2. R.S. 42:1124(B) and (C)(introductory paragraph), 1124.2(B) and24 (C)(introductory paragraph), 1124.2.1(B) and (C)(introductory paragraph), 1124.3(B) and25 ENROLLEDHB NO. 141 Page 2 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (C)(introductory paragraph), and 1124.4(A)(2) are hereby amended and reenacted to read1 as follows: 2 §1124. Financial disclosure; statewide elected officials; certain public servants3 * * *4 B.(1) The financial statement required by this Section shall be filed by May5 fifteenth of each year during which the person holds an office or position included6 in Subsection A of this Section and, except as provided in Paragraph (2) of this7 Subsection, by May fifteenth of the year following the termination of the holding of8 such office or position. The financial statement shall include the information9 required by Subsection C of this Section for the preceding calendar year.10 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, if the11 holding of the office or position terminates in the month of January, the person shall12 not be required to file a financial statement pursuant to this Section in the year13 following the termination of the holding of the office or position if the person files14 a financial statement by May fifteenth of the year in which the holding of the office15 or position terminated containing the information required by Subsection C of this16 Section for the period in which the person held the office or position during that year.17 C. The financial statement required by this Section shall be filed on a form18 prescribed by the Board of Ethics and shall include the following information for the19 preceding calendar year:20 * * *21 §1124.2. Financial disclosure; certain elected officials; members of certain boards22 and commissions; ethics administrator23 * * *24 B.(1) The financial statement required by this Section shall be filed by May25 fifteenth of each year during which the person holds an office or position included26 in Subsection A of this Section and, except as provided in Paragraph (3) of this27 Subsection, by May fifteenth of the year following the termination of the holding of28 such office or position. The financial statement shall include the information29 required by Subsection C of this Section for the preceding calendar year.30 ENROLLEDHB NO. 141 Page 3 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the1 financial statement required by this Section may be filed within thirty days after the2 individual files his federal tax return for the year on which he is reporting, taking3 into consideration any extensions filed by the individual, provided that he notifies4 the Board of Ethics prior to the deadline provided in Paragraph (1) of this Subsection5 of his intention to do so.6 (3) Notwithstanding the provisions of Paragraph (1) of this Subsection, if7 the holding of the office or position terminates in the month of January, the person8 shall not be required to file a financial statement pursuant to this Section in the year9 following the termination of the holding of the office or position if the person files10 a financial statement by May fifteenth of the year in which the holding of the office11 or position terminated containing the information required by Subsection C of this12 Section for the period in which the person held the office or position during that year.13 C. The financial statement required by this Section shall be filed on a form14 prescribed by the Board of Ethics and shall include the following information for the15 preceding calendar year:16 * * *17 §1124.2.1. Financial disclosure; members of boards and commissions18 * * *19 B.(1) The financial statement required by this Section shall be filed by May20 fifteenth of each year during which the person holds an office included in Subsection21 A of this Section and, except as provided in Paragraph (2) of this Subsection, by May22 fifteenth of the year following the termination of the holding of such office. The23 financial statement shall include the information required by Subsection C of this24 Section for the preceding calendar year.25 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, if the26 holding of the office or position terminates in the month of January, the person shall27 not be required to file a financial statement pursuant to this Section in the year28 following the termination of the holding of the office or position if the person files29 a financial statement by May fifteenth of the year in which the holding of the office30 ENROLLEDHB NO. 141 Page 4 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. or position terminated containing the information required by Subsection C of this1 Section for the period in which the person held the office or position during that year.2 C. The financial statement required by this Section shall be filed on a form3 prescribed by the Board of Ethics and shall include the following information for the4 preceding calendar year:5 * * *6 §1124.3. Financial disclosure; certain elected officials, voting districts of under five7 thousand8 * * *9 B.(1) The financial statement required by this Section shall be filed by May10 fifteenth of each year during which the person holds an office included in Subsection11 A of this Section and, except as provided in Paragraph (2) of this Subsection, by May12 fifteenth of the year following the termination of the holding of such office. The13 financial statement shall include the information required by Subsection C of this14 Section for the preceding calendar year.15 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, if16 the holding of the office or position terminates in the month of January, the person17 shall not be required to file a financial statement pursuant to this Section in the year18 following the termination of the holding of the office or position if the person files19 a financial statement by May fifteenth of the year in which the holding of the office20 or position terminated containing the information required by Subsection C of this21 Section for the period in which the person held the office or position during that year.22 C. The financial statement required by this Section shall be filed on a form23 prescribed by the Board of Ethics and shall include the following information for the24 preceding calendar year:25 * * *26 §1124.4. Penalties27 A.28 * * *29 ENROLLEDHB NO. 141 Page 5 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) The notice of delinquency shall inform the person that the financial1 statement must be filed, or that the information must be disclosed or accurately2 disclosed, or that a written answer contesting the allegation of such a failure,3 omission, or inaccuracy must be filed no later than fourteen seven business days after4 receipt of the notice of delinquency. The notice shall include the deadline for filing5 the statement, filing the answer, or disclosing or accurately disclosing the6 information.7 * * *8 Section 3. This Act shall become effective on January 1, 2013.9 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: