Louisiana 2012 Regular Session

Louisiana House Bill HB141 Latest Draft

Bill / Chaptered Version

                            ENROLLED
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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
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(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
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(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
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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
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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
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§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
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(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: