Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB272 Comm Sub / Analysis

                    RDCSB272 1814 5088
Page 1 of 2
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. 272
Present law (R.S. 18:1491.7 and 1495.5—Campaign Finance Disclosure Act) authorizes the
Supervisory Committee on Campaign Finance Disclosure to provide by rule for the reporting
of totals of information required by 	present law to be reported.
Proposed law repeals requirement for a rule, otherwise retains present law.
Present law (R.S. 18:1511.2(A)(5)) authorizes the supervisory committee to adopt and
promulgate rules in accordance with present law (Administrative Procedure Act) to provide
for preparation and distribution of forms for all reports required by present law and to
provide instructions and explanation for the completion of such forms.
Proposed law repeals present law.
Present law (R.S. 18:1511.3) provides that all reports required by present law shall be filed
with the supervisory committee as otherwise provided in present law on forms provided by
the supervisory committee.  Requires the supervisory committee to prepare forms for all
reports required by present law in conformity with the requirements of present law and to
cause such forms to be printed and sufficient copies thereof furnished to the clerks of court
and in Orleans Parish to the clerk of the criminal district court, who shall make them
available to all persons required to file reports under the provisions of present law. Provides
that all forms shall contain instructions directing the person filing with whom to file reports.
Requires the supervisory committee to provide forms in a simple format in conformity with
the requirements of present law.
Proposed law retains present law. Additionally provides that all forms required by present
law and all instructions and explanation for the completion of such forms prepared by the
supervisory committee shall be submitted to the Senate Committee on Senate and
Governmental Affairs and the House Committee on House and Governmental Affairs for
review and approval.  Provides that the approval of each legislative committee shall be
required prior to the utilization of a form or related instructions or explanation.
Present law (R.S. 42:1134—Code of Governmental Ethics) authorizes the Board of Ethics
to adopt, amend, repeal, and enforce rules and regulations in the manner provided by present
law (Administrative Procedure Act) to carry out the provisions and purposes of laws within
its jurisdiction.
Proposed law retains present law, but provides that forms required by present law (R.S.
42:1124, 1124.2, 1124.2.1, 1124.3, and 1124.5) shall be prepared and prescribed by the
Board of Ethics as provided in proposed law. Requires the board to submit all such
proposed forms to the Senate Committee on Senate and Governmental Affairs and the
House Committee on House and Governmental Affairs for review and approval. Provides
that the approval of each legislative committee shall be required prior to the utilization of
such a form.
Proposed law provides that upon receipt of a proposed form, instructions, or explanation,
from the supervisory committee or the ethics board the legislative committees shall meet,
either separately or jointly, within 60 days to consider and act on the proposed form,
instructions, or explanation. Provides that approval by either legislative committee, meeting
separately, shall require a favorable vote of a majority of the members present and voting,
a quorum of the legislative committee being present. Provides that approval by the two
legislative committees, meeting jointly, shall require a favorable vote of a majority of the
members of each legislative committee present and voting, each house voting separately, a
quorum of the joint legislative committee being present. RDCSB272 1814 5088
Page 2 of 2
Proposed law provides that if the proposed form, instructions, or explanation fails to receive
the approval of both legislative committees within 60 days after submission, the proposed
form, instructions, or explanation shall be withdrawn from consideration.
Proposed law provides that all forms, instructions, and explanations promulgated or
prescribed by the supervisory committee or ethics board prior to the effective of proposed
law shall remain in effect until the supervisory committee or ethics board prepares or
prescribes new forms, instructions, or explanations and such forms, instructions, and
explanations receive approval in accordance with the provisions of proposed law.
(Amends R.S. 18:1491.7(D), 1495.5(D), and 1511.3(A); Adds R.S. 42:1134(A)(3); Repeals
R.S. 18:1511.2(A)(5))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the reengrossed bill.
1. Relative to provisions of present law that require the Supervisory Committee on
Campaign Finance Disclosure to provide for the reporting of totals of
information required by present law to be reported, removes requirement for
adoption of a rule and removes provisions for the preparation and distribution of
forms by rule through the Administrative Procedure Act.
2. Removes proposed law additions to present law (Campaign Finance Disclosure
Act) rule-making authority of the supervisory committee that provided for
approval of legislative governmental affairs committees for the development and
amendment of forms and provides instead for a review and approval process for
forms by the legislative governmental affairs committees.
3. Removes provisions of proposed law amending provisions of present law (Code
of Governmental Ethics) relative to specific financial disclosure statements that
provided for approval of legislative governmental affairs committees for the
development and amendment of forms and provides instead for a review and
approval process for forms by the legislative governmental affairs committees.
4. Adds provisions providing that all forms, instructions, and explanations
promulgated or prescribed by the board of ethics or the supervisory committee
prior to the effective of proposed law shall remain in effect until the board of
ethics or the supervisory committee prepares or prescribes new forms,
instructions, or explanations and such forms, instructions, and explanations
receive approval in accordance with proposed law.