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. 405
Abstract: Allows violations of the prohibition on campaign contributions through or in the
name of another to be commenced within one year of discovery (as long as it is
commenced within three years of the date of the violation). Specifies that the one-year
period is prescriptive and may be suspended, interrupted, or renounced.
Present law provides that actions for violations of the Campaign Finance Disclosure Act shall be
commenced before three years have elapsed from the date of the violation or, if the violation is
contained in a report, before one year has elapsed from filing of the relevant report.
Present law (R.S. 18:1505.2(A)) prohibits a person from giving, furnishing, or contributing
monies, materials, supplies, or making loans to or in support of a candidate or to any political
committee, through or in the name of another, directly or indirectly.
Proposed law retains present law but provides that an action for a violation of present law (R.S.
18:1505.2(A)) shall be commenced within one year of discovery by the supervisory committee.
Specifically provides that the one-year period shall be prescriptive. Provides that the prescriptive
period may be suspended, interrupted, or renounced. Provides that the prescriptive period shall
be suspended by the following:
(1)The subject of the investigation or complaint files any pleading or proceeding in a state or
federal court or with the ethics adjudicatory board that is related to the matter under
investigation and that has the effect of delaying or impeding the proceeding.
(2)The subject of the investigation or complaint fails to comply with a subpoena or other
request from the supervisory committee for information related to or in connection with
the investigation of the supervisory committee.
(3)The subject of the investigation or complaint consents in writing to the suspension of the
prescriptive period.
Proposed law further provides that in no case shall an action for a violation of present law (R.S.
18:1505.2(A)) be commenced once three years have elapsed from the date of the violation.
(Amends R.S. 18:1511.11(B); Adds R.S. 18:1511.11(C))