RDCSB199 362 5068
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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)]
Murray SB No. 199
Present law provides that staff of the Board of Ethics may assess and issue a final order for
the payment of late filing fees, in accordance with rules adopted by the Board of Ethics, for
any failure to timely file any report or statement due under any law under its jurisdiction as
provided in present law (relative to the ethics code, campaign finance disclosure, certain
gaming provisions, legislative lobbying, executive branch lobbying, and local government
lobbying). Present law provides that a final order shall be appealable to the Ethics
Adjudicatory Board for an adjudicatory hearing conducted in accordance with present law
(R.S. 42:1141.5). Present law further provides that the board may waive all or any part of
late filing fees so assessed. Requires the board to promulgate rules governing the procedure
to request a waiver as well as to provide for waiver for "good cause" shown. "Good cause"
shall be defined as any action or circumstance which, in the considered judgment of the
board, was not within the control of the late filer and which was the direct cause of the late
filing. Provides that the final disposition of the Board of Ethics on a request for a waiver
shall not be appealable to the Ethics Adjudicatory Board. Present law further provides that
all funds collected by the staff of the Board of Ethics as provided in present law shall be
deposited upon receipt in the state treasury.
Proposed law retains present law and further provides that when all delays for a request for
waiver or appeal of late fees have expired, a final order of the Board of Ethics or its staff
shall become executory and may be enforced as any other money judgment. Authorizes the
Board of Ethics to file civil proceedings to collect the late fees in a court of competent
jurisdiction. Provides that these proceedings be conducted pursuant to the relevant
provisions of the Code of Civil Procedure.
(Adds R.S. 42:1157(A)(1)(d))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Clarifies that a final order of the Board of Ethics or its staff becomes
executory when all delays have expired and may be enforced as any other
money judgment.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the engrossed bill.
1. Moves proposed provisions from provision of law concerning penalties for
specified financial statements to provision concerning assessment of late filing
fees for reports and statements due pursuant to laws within the jurisdiction of the
Board of Ethics.
2. Removes reference to the proceedings being filed in the district court of the
parish in which the candidate, chairman, or treasurer of the political committee
or other person required to file reports is domiciled and provides instead that the
proceedings be filed in a court of competent jurisdiction.