HLS 12RS-1058 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 955
BY REPRESENTATIVE TIM BURNS
CAMPAIGN FINANCE: Provides relative to enforcement of certain provisions of the
Campaign Finance Disclosure Act
AN ACT1
To amend and reenact R.S. 18:463(A)(2)(c)(i), 1505.4(A)(1) and (4), (C), and (D)(1),2
1511.4(D), and 1511.5(A)(2), (B), and (D), and to enact R.S. 18:1511.4.1, relative3
to the Campaign Finance Disclosure Act; to clarify the enforcement of certain4
violations of the Campaign Finance Disclosure Act; to the provide for the powers,5
functions, and duties of the Supervisory Committee on Campaign Finance Disclosure6
and the Ethics Adjudicatory Board relative to such enforcement; and to provide for7
related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 18:463(A)(2)(c)(i), 1505.4(A)(1) and (4), (C), and (D)(1), 1511.4(D),10
and 1511.5(A)(2), (B), and (D) are hereby amended and reenacted and R.S.18:1511.4.1 is11
hereby enacted to read as follows: 12
§463. Notice of candidacy; financial disclosure; political advertising; penalties13
A.14
* * *15
(2)16
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(c) For the purposes of this Paragraph: 18
(i) "Outstanding fine, fee, or penalty pursuant to the Campaign Finance19
Disclosure Act" shall mean a fine, fee, or penalty equal to an amount of two hundred20 HLS 12RS-1058 ORIGINAL
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fifty dollars or more assessed by order of the Supervisory Committee on Campaign1
Finance Disclosure or by final decision of an adjudicatory panel of the Ethics2
Adjudicatory Board pursuant to the Campaign Finance Disclosure Act that has been3
converted into a court order for which all appeals have been exhausted or a judgment4
of a district court assessing civil penalties pursuant to the Campaign Finance5
Disclosure Act and that has become executory pursuant to R.S. 18:1511.5 R.S.6
18:1511.4.1 or 1511.5.7
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§1505.4. Civil penalties; failure to file; timely and accurate filing; forfeiture9
A.(1) Any candidate, the treasurer or chairman of a political committee, or10
any other person required to file any reports under this Chapter, who knowingly fails11
to file or who knowingly fails to timely file any such reports as are required by this12
Chapter may be assessed a civil penalty as provided in R.S. 42:1157 R.S.13
18:1511.4.1 for each day until such report is filed.14
* * *15
(4)(a) For reports required by this Chapter which are required to be filed16
between the time a candidate qualifies and election day, in addition to any penalties17
which may be imposed under this Section or any other law, the supervisory18
committee may impose on any person required to file such a report who has not filed19
such report by the sixth day after the report is due, after a hearing by the supervisory20
committee pursuant to the provisions of R.S. 18:1511.4(C) an adjudicatory hearing21
by an adjudicatory panel of the Ethics Adjudicatory Board conducted in accordance22
with the provisions of the Code of Governmental Ethics, with notice to the party who23
is the subject of the hearing, an additional civil penalty not to exceed ten thousand24
dollars.25
(b) For all other reports required by this Chapter, in addition to any penalties26
which may be imposed by this Section or any other law, the supervisory committee27
may impose on any person required to file such a report who has not filed such report28
by the eleventh day after the report is due, after a hearing by the supervisory29 HLS 12RS-1058 ORIGINAL
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committee pursuant to the provisions of R.S. 18:1511.4(C) an adjudicatory hearing1
by an adjudicatory panel of the Ethics Adjudicatory Board conducted in accordance2
with the provisions of the Code of Governmental Ethics, with notice to the party who3
is the subject of the hearing, an additional civil penalty not to exceed ten thousand4
dollars.5
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C. Notwithstanding the provisions of Subsection A of this Section and the7
provisions of R.S. 42:1157 R.S. 18:1511.4.1, for committees that are supporting,8
opposing, or otherwise influencing the nomination or election of a person to public9
office the maximum amount of the penalty that shall be imposed for knowingly10
failing to file or knowingly failing to timely file any reports required by this Chapter11
for a special election shall be the total of the expenditures made for the purpose of12
supporting, opposing, or otherwise influencing the nomination or election of a person13
or persons to public office in such special election or the maximum penalty under the14
provisions of Subsection A of this Section, whichever is less. This Subsection shall15
not apply to a candidate's principal campaign committee or any designated subsidiary16
committee of a candidate.17
D.(1) Any elected official who fails to comply with a final order of a court18
or the supervisory committee or a final decision of an adjudicatory panel of the19
Ethics Adjudicatory Board which imposes a fine, fee, or penalty pursuant to this20
Chapter and against which all appeal delays have lapsed shall be subject to forfeiture21
of the nonexempt portion of his public salary, as provided in this Subsection, until22
such time as he has complied with such order or final decision. The forfeiture shall23
take effect no less than twenty days after notice is sent to the elected official pursuant24
to Paragraph (2) of this Subsection.25
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§1511.4. Supervisory committee; investigations27
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D. Upon petition by the supervisory committee or an adjudicatory panel of1
the Ethics Adjudicatory Board any district court within the jurisdiction of which any2
inquiry is being carried on may, in case of refusal to obey a subpoena or order of the3
supervisory committee or an adjudicatory panel of the Ethics Adjudicatory Board4
issued pursuant to this Chapter, issue an order requiring compliance. Any failure to5
obey the order of the court may be punished by the court as a contempt thereof.6
§1511.4.1. Enforcement; failure to file; failure to timely file7
A. The staff of the supervisory committee may assess and issue a final order8
for the payment of civil penalties in accordance with R.S. 18:1505.4 and rules9
adopted by the supervisory committee.10
B. The supervisory committee may waive all or part of any civil penalties11
assessed pursuant to Subsection A of this Section. A request for waiver of such12
penalties shall be made in writing to the supervisory committee, which shall13
promulgate rules governing the procedure to request a waiver. The supervisory14
committee may take into consideration the provisions of R.S. 18:1511.5(B) in its15
consideration of the request for waiver of civil penalties. The final disposition of a16
waiver request shall not be appealable to the Ethics Adjudicatory Board or a panel17
thereof.18
C.(1) A final order issued pursuant to Subsection A of this Section shall be19
appealable to an adjudicatory panel of the Ethics Adjudicatory Board which shall20
conduct an adjudicatory hearing in accordance with the Code of Governmental21
Ethics.22
(2) If a final order is appealed pursuant to Paragraph (1) of this Subsection,23
an adjudicatory panel of the Ethics Adjudicatory Board shall determine the penalties,24
if any, that should be imposed in accordance with this Chapter, and shall issue a final25
decision. The final decision may be appealed as provided in R.S. 42:1142.26
(3) The Ethics Adjudicatory Board, or a panel thereof, shall have the power27
and authority to subpoena witnesses, administer oaths, compel the production of28
books, records, and papers, public and private, require the submission under oath of29 HLS 12RS-1058 ORIGINAL
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written reports or answers to questions, and to do all that is necessary to effect the1
provisions of this Chapter.2
D. When all delays for a request for waiver or appeal have expired, a final3
order of the supervisory committee or its staff or final decision of an adjudicatory4
panel of the Ethics Adjudicatory Board shall become executory and may be enforced5
as any other money judgement. The supervisory committee may file civil6
proceedings to collect such civil penalties in the district court of the parish in which7
the candidate, chairman, or treasurer of the political committee or other person8
required to file reports is domiciled. The proceedings shall be conducted pursuant to9
the relevant provisions of the Louisiana Code of Civil Procedure. The proceeds of10
such civil penalties shall be paid directly to the treasurer of the state of Louisiana.11
§1511.5. Procedure for enforcement; civil12
A.13
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(2) The provisions of this Section shall not apply to any action for the15
payment of late filing fees for reports or statements civil penalties due pursuant to16
R.S. 18:1505.4, which shall be governed by R.S. 42:1157, except that the board may17
take into consideration the provisions of Subsection B of this Section in its18
consideration of "good cause" shown for waiver of any late fees, pursuant to R.S.19
42:1157.2 R.S. 18:1511.4.1.20
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B. In determining the amount of the civil penalty to be assessed, the district22
court shall take into consideration, where applicable, the reason for the failure to file23
timely, or the reason for failing to disclose required information, or the reason for24
inaccurately disclosing required information;, the nature of the office sought by the25
candidate, or the nature of the office or offices sought by a candidate supported or26
opposed, in the case of by a political committee or other person;, the significance of27
the information undisclosed or, where appropriate, inaccurately disclosed to the28
voting public;, and whether or not the candidate, chairman or treasurer of the29 HLS 12RS-1058 ORIGINAL
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political committee, or other person actually has filed a report or disclosed such1
information prior to the election or prior to the institution of the rule to show cause.2
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D. A judgment assessing civil penalties shall become executory when all4
delays for appeal have expired according to the Louisiana Code of Civil Procedure,5
and may be enforced as any other money judgment ; however. However, the6
proceeds of such civil penalties shall be paid directly to the treasurer of the state of7
Louisiana.8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.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)]
Tim Burns HB No. 955
Abstract: Clarifies the powers, functions, and duties of the Supervisory Committee on
Campaign Finance Disclosure and the Ethics Adjudicatory Board relative to
enforcement of certain violations of the Campaign Finance Disclosure Act.
Present law provides the supervisory committee (which is the Board of Ethics) with the
authority to investigate apparent or alleged violations of the Campaign Finance Disclosure
Act (CFDA). Proposed law retains present law.
Present law (Campaign Finance Disclosure Act) provides for civil penalties for late filing
to be assessed on persons required to file reports who knowingly fail to file or timely file the
report. Present law provisions in the Code of Governmental Ethics (ethics code) authorize
the staff to assess and order the payment of these civil penalties and provide that a person
may request a waiver or may appeal the assessment to the Board of Ethics.
Proposed law removes reference to the present law provisions in the ethics code and
provides in the CFDA that the staff may assess and issue an order for the payment of the
civil penalties for failure to file and failure to timely file. Proposed law further provides that
the supervisory committee may waive all or part of such civil penalties and provides that the
disposition of the waiver request is not appealable to the Ethics Adjudicatory Board (EAB),
or a panel thereof (EAB panel). Also provides that the order by the staff is appealable to an
EAB panel which shall conduct an adjudicatory hearing in accordance with the ethics code.
Provides, in such case, that an EAB panel determines the penalties, if any, that should be
imposed in accordance with the CFDA. Specifies that the final decision of an EAB panel HLS 12RS-1058 ORIGINAL
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may be appealed as provided in the ethics code. Provides that when all delays for waiver
requests and appeal have expired, a final order or decision shall become executory and may
be enforced as any other money judgement.
Present law further authorizes the supervisory committee to impose additional civil penalties
up to $10,000 on any person required to file certain election related reports who has not filed
the report by the sixth day after it is due or in the case of other reports by the eleventh day
after its due, with notice to the party who is the subject of the hearing.
Proposed law provides instead that an adjudicatory panel of the Ethics Adjudicatory Board
conducts an adjudicatory hearing in accordance with the provisions of the ethics code and
otherwise retains present law.
Proposed law authorizes the EAB or panel thereof to subpoena witnesses, administer oaths,
compel production of documents, and to do all as necessary to effect the provisions of the
CFDA.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 18:463(A)(2)(c)(i), 1505.4(A)(1) and (4), (C), and (D)(1), 1511.4(D), and
1511.5(A)(2), (B), and (D); Adds 18:1511.4.1)