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Regular Session, 2014
HOUSE BILL NO. 405
BY REPRESENTATIVE TIM BURNS
CAMPAIGN FINANCE: Provides relative to prescription of certain campaign finance
violations
AN ACT1
To amend and reenact R.S. 18:1511.11(B) and to enact R.S. 18:1511.11(C), relative to2
violations of the Campaign Finance Disclosure Act; to provide for the time period3
to bring certain actions for certain violations of the Campaign Finance Disclosure4
Act; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 18:1511.11(B) is hereby amended and reenacted and R.S.7
18:1511.11(C) is hereby enacted to read as follows: 8
ยง1511.11. Precedence of actions; limitation of actions9
* * *10
B. Actions Except as otherwise provided in Subsection C of this Section, an11
action for a violation of this Chapter must shall be commenced before three years12
have elapsed from the date of the violation or, if the violation is contained in a13
report, before one year has elapsed from filing of the relevant report. 14
C.(1) An action for a violation of R.S. 18:1505.2(A) shall be commenced15
within one year of discovery by the supervisory committee. The one-year period16
shall be prescriptive. The prescriptive period may be suspended, interrupted, or17
renounced. The prescriptive period shall be suspended by any of the following:18
(a) The person who is the subject of the investigation or complaint files any19
pleading or proceeding in a state or federal court or with the Ethics Adjudicatory20 HLS 14RS-1130 ENGROSSED
HB NO. 405
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Board related to the matter under investigation that has the effect of delaying or1
impeding the proceeding.2
(b) The person who is the subject of the investigation or complaint fails to3
comply with a subpoena or other request from the supervisory committee for4
information related to or in connection with the investigation of the supervisory5
committee.6
(c) The person who is the subject of the investigation or complaint consents7
in writing to the suspension of the prescriptive period.8
(2) In no case shall an action for a violation of R.S. 18:1505.2(A) be9
commenced once three years have elapsed from the date of the violation.10
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. HLS 14RS-1130 ENGROSSED
HB NO. 405
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(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))