HLS 14RS-10 ORIGINAL
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are additions.
Regular Session, 2014
HOUSE BILL NO. 161
BY REPRESENTATIVE THIBAUT
LOBBYING: Requires notification and reporting relative to certain communications made
for the purpose of influencing the passage or defeat of legislation
AN ACT1
To enact R.S. 24:55.1, relative to lobbying of the legislature; to require certain notifications2
and reports regarding certain communications relative to influencing the passage or3
defeat of legislation; to prohibit misleading or false information; to provide for4
penalties; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 24:55.1 is hereby enacted to read as follows: 7
ยง55.1. Communications to influence legislation; notices; reports; penalties8
A.(1) Notwithstanding the provisions of R.S. 24:52, the provisions of this9
Section shall apply to any person who is responsible for causing communication10
activities as defined in this Section.11
(2) The provisions of this Section shall not apply to a common carrier or its12
employees if the common carrier is contracted with an unaffiliated person to engage13
in communication activities.14
B. For purposes of this Section, the term "communication activities" shall15
mean an organized series of more than fifty telephone calls or automated calls that16
are made for the purpose of influencing the passage or defeat of legislation and that17
are generated, transmitted, conveyed, or routed from a system or service that18
provides the ability to route or transfer each person called to a telephone number19
assigned to a legislator or the legislative branch of state government.20 HLS 14RS-10 ORIGINAL
HB NO. 161
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C. Each person who is responsible for causing communication activities shall1
file a notice with the Board of Ethics within twenty-four hours of taking any action2
to commence or cause communication activities. Further, each such person who in3
any calendar year receives or expends funds in excess of one thousand dollars for the4
purpose of engaging in or causing communications activities shall file monthly5
reports with the board as provided in this Section until a final report has been filed6
after such communication activities have concluded and the receipt or expenditure7
of funds related to such communication activities have concluded.8
D.(1) The notice and reports required by this Section shall be filed9
electronically in the manner and on forms provided by the board.10
(2) The report for each month shall be filed by the twenty-fifth day of the11
following month.12
E. The notice shall include the name and address of the person responsible13
for the communication activities and a description of the legislation that is the14
concern of the communication activities.15
F. Each report shall include:16
(1) The name and address of the person responsible for the communication17
activities and a description of the legislation that is the concern of the18
communication activities.19
(2) The date or dates the communication activities will be occurring, are20
occurring, or have occurred.21
(3) The name and address of each person from whom funds were received22
for the purpose of conducting the communication activities, the amount of such23
funds received, and the date on which such funds were received. The report shall24
also include an aggregate total of all such funds received during the reporting period.25
(4) A statement of each payment for the communication activities, including26
a description of the purpose of the payment, the date on which and to whom such27
payment was made, and a description of the legislation that such payment was made28 HLS 14RS-10 ORIGINAL
HB NO. 161
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to influence. The report shall also include an aggregate total of all such payments1
made during the reporting period.2
G. No person who is responsible for causing communication activities shall3
convey or cause the conveying of any information that is false or misleading to any4
person in connection with the communication activities. The board shall afford any5
person accused of violating the provisions of this Subsection a hearing in accordance6
with Part III of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950.7
H.(1) Any person who fails to timely file a notice pursuant to this Section8
shall be assessed a late fee of fifty dollars per day pursuant to R.S. 42:1157.9
(2) The penalty for failing to timely file a report shall be as provided in R.S.10
24:58.11
(3) In addition to any other applicable penalty, any person required to file a12
notice or report pursuant to the provisions of this Section who fails to do so or who13
fails to disclose or to disclose accurately any information required by this Section14
shall be assessed a civil penalty not to exceed ten thousand dollars per violation.15
(4) In addition to any other applicable penalty, any person required to file a16
notice or report pursuant to the provisions of this Section who, after a hearing, has17
been found, in violation of this Section, to have conveyed or caused the conveying18
of any information that is false or misleading in connection with communication19
activities shall be assessed a civil penalty not to exceed ten thousand dollars per20
violation.21
I. The board shall notify the chief clerical officer of each house of the22
legislature immediately upon receipt of a notice filed pursuant to this Section.23
Section 2. This Act shall become effective on January 1, 2015.24 HLS 14RS-10 ORIGINAL
HB NO. 161
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are additions.
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)]
Thibaut HB No. 161
Abstract: Requires persons who are responsible for causing certain automated calls for the
purpose of influencing the passage or defeat of legislation to electronically file a
notice and reports with the Board of Ethics. Prohibits the conveyance of false or
misleading information in connection with such activity.
Present law (relative to legislative lobbying) requires certain persons to register as lobbyists
and to file expenditure reports electronically with the Board of Ethics (board). Provides for
enforcement by the board and penalties, including late fees of $50 per day for failing to
register or failing to timely file any required report and after a hearing by the board,
assessment of a civil penalty not to exceed $10,000 for any person whose registration or
report is filed 11 or more days late. Further specifically provides for civil penalties of up to
$10,000 assessed in accordance with the Code of Governmental Ethics and referral to the
district attorney for prosecution pursuant to present law (R.S. 14:133) of any person who
with knowledge of falsity files a registration or report that contains a false statement or false
representation of a material fact.
Proposed law retains present law and further requires each person who is responsible for
causing communication "communication activities" to file a notice with the board within 24
hours of taking any action to engage in or commence such activities, which are defined as
an organized series of more than 50 telephone calls or automated calls made for the purpose
of influencing the passage or defeat of legislation and that are generated, transmitted,
conveyed, or routed from a system or service that provides for the ability to route or transfer
each person called to a telephone number assigned to a legislator or the legislative branch
of state government. Requires the notice to include the name and address of the person
responsible for the communication activities and a description of the legislation that is the
concern of the communication activities.
Proposed law further requires each such person who in any calendar year receives or
expends funds in excess of $1,000 for the purpose of engaging in or causing communications
activities to file monthly reports (due on the 25
th
day of the following month) with the board
until a final report has been filed after the conclusion of such communication activities and
the receipt or expenditure of funds related to such communication activities have concluded.
Requires each report to include: the name and address of the person responsible for the
communication activities and a description of the legislation that is the concern of the
communication activities; the date or dates the communication activities will be occurring,
are occurring, or have occurred; the name and address of each person from whom funds were
received for the purpose of conducting the communication activities, the amount of such
funds received, and the date on which such funds were received; an aggregate total of all
such funds received during the reporting period; a statement of each payment for the
communication activities, including a description of the purpose of the payment, the date on
which and to whom such payment was made, and a description of the legislation that such
payment was made to influence; and an aggregate total of all such payments made during
the reporting period.
Proposed law provides for a $50 per day penalty for failing to timely file a notice. Present
law provides for a $50 per penalty for failing to timely file a report. Present law (R.S.
42:1157) provides for a maximum of $1,500 for failing to timely file. Proposed law further
provides that in addition to other applicable penalties, any person required to file a notice
or report pursuant to the provisions proposed law who fails to do so or who fails to disclose HLS 14RS-10 ORIGINAL
HB NO. 161
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or to disclose accurately any information required by proposed law shall be assessed a civil
penalty not to exceed $10,000 per violation.
Proposed law further prohibits any person who is responsible for causing communication
activities from conveying or causing the conveying of any information that is false or
misleading in connection with the communication activities, provides that the Board of
Ethics shall afford any person accused of such a hearing in accordance with present law
(ethics code), and that any person determined to have engaged in such activity shall be
assessed a civil penalty not to exceed $10,000 per violation.
Proposed law requires the board to notify the chief clerical officer of each house of the
legislature immediately upon receipt of a notice filed pursuant to present law.
Proposed law provides an exemption from proposed law for a common carrier or its
employees if the common carrier is contracted with an unaffiliated person to engage in
communication activities.
Effective Jan. 1, 2015.
(Adds R.S. 24:55.1)