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Regular Session, 2012
HOUSE BILL NO. 955
BY REPRESENTATIVE TIM BURNS
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)(1) and (2), (B), and (D) and to enact R.S. 18:1511.4.1,3
relative to the Campaign Finance Disclosure Act; to clarify the enforcement of4
certain violations of the Campaign Finance Disclosure Act; to the provide for the5
powers, functions, and duties of the Supervisory Committee on Campaign Finance6
Disclosure and the Ethics Adjudicatory Board relative to such enforcement; and to7
provide for 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)(1) and (2), (B), and (D) are hereby amended and reenacted and11
R.S.18:1511.4.1 is hereby enacted to read as follows: 12
§463. Notice of candidacy; financial disclosure; political advertising; penalties13
A.14
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(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
fifty dollars or more assessed by order of the Supervisory Committee on Campaign21
Finance Disclosure or by final decision of an adjudicatory panel of the Ethics22
Adjudicatory Board pursuant to the Campaign Finance Disclosure Act that has been23
converted into a court order for which all appeals have been exhausted or a judgment24
of a district court assessing civil penalties pursuant to the Campaign Finance25 ENROLLEDHB NO. 955
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Disclosure Act and that has become executory pursuant to R.S. 18:1511.5 R.S.1
18:1511.4.1 or 1511.5.2
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§1505.4. Civil penalties; failure to file; timely and accurate filing; forfeiture4
A.(1) Any candidate, the treasurer or chairman of a political committee, or5
any other person required to file any reports under this Chapter, who knowingly fails6
to file or who knowingly fails to timely file any such reports as are required by this7
Chapter may be assessed a civil penalty as provided in R.S. 42:1157 R.S.8
18:1511.4.1 for each day until such report is filed.9
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(4)(a) For reports required by this Chapter which are required to be filed11
between the time a candidate qualifies and election day, in addition to any penalties12
which may be imposed under this Section or any other law, the supervisory13
committee may impose on any person required to file such a report who has not filed14
such report by the sixth day after the report is due, after a hearing by the supervisory15
committee pursuant to the provisions of R.S. 18:1511.4(C) an adjudicatory hearing16
by an adjudicatory panel of the Ethics Adjudicatory Board conducted in accordance17
with the provisions of the Code of Governmental Ethics, with notice to the party who18
is the subject of the hearing, an additional civil penalty not to exceed ten thousand19
dollars.20
(b) For all other reports required by this Chapter, in addition to any penalties21
which may be imposed by this Section or any other law, the supervisory committee22
may impose on any person required to file such a report who has not filed such report23
by the eleventh day after the report is due, after a hearing by the supervisory24
committee pursuant to the provisions of R.S. 18:1511.4(C) an adjudicatory hearing25
by an adjudicatory panel of the Ethics Adjudicatory Board conducted in accordance26
with the provisions of the Code of Governmental Ethics, with notice to the party who27
is the subject of the hearing, an additional civil penalty not to exceed ten thousand28
dollars.29
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C. Notwithstanding the provisions of Subsection A of this Section and the1
provisions of R.S. 42:1157 R.S. 18:1511.4.1, for committees that are supporting,2
opposing, or otherwise influencing the nomination or election of a person to public3
office the maximum amount of the penalty that shall be imposed for knowingly4
failing to file or knowingly failing to timely file any reports required by this Chapter5
for a special election shall be the total of the expenditures made for the purpose of6
supporting, opposing, or otherwise influencing the nomination or election of a person7
or persons to public office in such special election or the maximum penalty under the8
provisions of Subsection A of this Section, whichever is less. This Subsection shall9
not apply to a candidate's principal campaign committee or any designated subsidiary10
committee of a candidate.11
D.(1) Any elected official who fails to comply with a final order of a court12
or the supervisory committee or a final decision of an adjudicatory panel of the13
Ethics Adjudicatory Board which imposes a fine, fee, or penalty pursuant to this14
Chapter and against which all appeal delays have lapsed shall be subject to forfeiture15
of the nonexempt portion of his public salary, as provided in this Subsection, until16
such time as he has complied with such order or final decision. The forfeiture shall17
take effect no less than twenty days after notice is sent to the elected official pursuant18
to Paragraph (2) of this Subsection.19
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§1511.4. Supervisory committee; investigations21
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D. Upon petition by the supervisory committee or an adjudicatory panel of23
the Ethics Adjudicatory Board any district court within the jurisdiction of which any24
inquiry is being carried on may, in case of refusal to obey a subpoena or order of the25
supervisory committee or an adjudicatory panel of the Ethics Adjudicatory Board26
issued pursuant to this Chapter, issue an order requiring compliance. Any failure to27
obey the order of the court may be punished by the court as a contempt thereof.28 ENROLLEDHB NO. 955
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§1511.4.1. Enforcement; failure to file; failure to timely file1
A. The staff of the supervisory committee may assess and issue a final order2
for the payment of civil penalties for knowingly failing to file or knowingly failing3
to timely file in accordance with R.S. 18:1505.4 and rules adopted by the supervisory4
committee.5
B. The supervisory committee may waive all or part of any civil penalties6
assessed pursuant to Subsection A of this Section. A request for waiver of such7
penalties shall be made in writing to the supervisory committee, which shall8
promulgate rules governing the procedure to request a waiver. The supervisory9
committee may take into consideration the provisions of R.S. 18:1511.5(B) in its10
consideration of the request for waiver of civil penalties. The final disposition of a11
waiver request shall not be appealable to the Ethics Adjudicatory Board or a panel12
thereof.13
C.(1) A final order issued pursuant to Subsection A of this Section shall be14
appealable to an adjudicatory panel of the Ethics Adjudicatory Board which shall15
conduct an adjudicatory hearing in accordance with the Code of Governmental16
Ethics.17
(2) If a final order is appealed pursuant to Paragraph (1) of this Subsection,18
an adjudicatory panel of the Ethics Adjudicatory Board shall determine the penalties,19
if any, that should be imposed in accordance with this Chapter, and shall issue a final20
decision. The final decision may be appealed as provided in R.S. 42:1142.21
(3) The Ethics Adjudicatory Board, or a panel thereof, shall have the power22
and authority to subpoena witnesses, administer oaths, compel the production of23
books, records, and papers, public and private, require the submission under oath of24
written reports or answers to questions, and to do all that is necessary to effect the25
provisions of this Chapter.26
D. When all delays for a request for waiver or appeal have expired, a final27
order of the supervisory committee or its staff or final decision of an adjudicatory28
panel of the Ethics Adjudicatory Board shall become executory and may be enforced29
as any other money judgement. The supervisory committee may file civil30 ENROLLEDHB NO. 955
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proceedings to collect such civil penalties in the district court of the parish in which1
the candidate, chairman, or treasurer of the political committee or other person2
required to file reports is domiciled. The proceedings shall be conducted pursuant3
to the relevant provisions of the Louisiana Code of Civil Procedure. The proceeds4
of such civil penalties shall be paid directly to the treasurer of the state of Louisiana.5
§1511.5. Procedure for enforcement; civil6
A.(1) When the results of the investigation by the supervisory committee7
indicate that a violation of this Chapter has occurred which is subject to civil8
penalties, the supervisory committee is authorized to file civil proceedings to collect9
the civil penalties provided in R.S. 18:1505.4(B) or 1505.5.10
(2) The provisions of this Section shall not apply to any action for the11
payment of late filing fees for reports or statements civil penalties due pursuant to12
R.S. 18:1505.4 for knowingly failing to file or knowingly failing to timely file,13
which shall be governed by R.S. 42:1157, except that the board may take into14
consideration the provisions of Subsection B of this Section in its consideration of15
"good cause" shown for waiver of any late fees, pursuant to R.S. 42:1157.2 R.S.16
18:1511.4.1.17
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B. In determining the amount of the civil penalty to be assessed, the district19
court shall take into consideration, where applicable, the reason for the failure to file20
timely, or the reason for failing to disclose required information, or the reason for21
inaccurately disclosing required information;, the nature of the office sought by the22
candidate, or the nature of the office or offices sought by a candidate supported or23
opposed, in the case of by a political committee or other person;, the significance of24
the information undisclosed or, where appropriate, inaccurately disclosed to the25
voting public;, and whether or not the candidate, chairman or treasurer of the26
political committee, or other person actually has filed a report or disclosed such27
information prior to the election or prior to the institution of the rule to show cause.28
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D. A judgment assessing civil penalties shall become executory when all1
delays for appeal have expired according to the Louisiana Code of Civil Procedure,2
and may be enforced as any other money judgment ; however. However, the3
proceeds of such civil penalties shall be paid directly to the treasurer of the state of4
Louisiana.5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: