Louisiana 2015 2015 Regular Session

Louisiana House Bill HB294 Comm Sub / Analysis

                    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)]
HB 294 Original	2015 Regular Session	Stuart Bishop
Abstract:  Requires the filing of financial disclosure statements for all judges and justices of the
peace and provides relative to the related procedures, requirements, and penalties.
Proposed law requires all elected judges and justices of the peace to file a financial statement by May
15
th
 of each year during their terms of office and the year following the expiration of the term with
the judicial administrator for the La. Supreme Court.
Proposed law further provides that the statement may be filed within 30 days after filing individual
tax returns unless there is an extension filed by the judge and notification given to the judicial
administrator of his intent to file for an extension.
Proposed law requires all judges and justices of the peace to disclose certain information of certain
values by category for the judge and his spouse as it relates to sources of income, immovable
property, investment securities, movable property, and liabilities, both secured and unsecured, and
provides that all financial statements shall be a matter of public record.
Proposed law requires certification that the judge or justice of the peace has filed his federal and state
income tax returns or filed for an extension of time to file.
Proposed law requires the judicial administrator to maintain a website which allows public access
for review of filed disclosure reports and the list of those persons who fail to file a statement, fail to
timely file a statement, omits information from a statement, or provides inaccurate information in
a statement.
Proposed law prohibits the sale or transfer of property for purposes of avoiding disclosure
requirements provided for in proposed law.
Proposed law provides for definitions.
Proposed law excludes from reporting requirements provided for in proposed law, reporting income
derived from child support and alimony payments by court order or disability payments from any
source.
Proposed law requires the judicial administrator to notify any judge or justice of the peace by a
notice of delinquency for failure to timely file, omission of certain information, or inaccurate
information as it relates to the financial statement and further provides for related procedures. Proposed law requires the judicial administrator to refer all noncompliant matters and written
complaints regarding the financial statement to the Judiciary Commission for determination of a
violation and penalties and to make a recommendation to the supreme court regarding the imposition
of civil penalties and costs and whether the violation was willful and knowing.
Proposed law provides for the procedures for the supreme court to determine if a violation has
occurred and requires the assessment of civil penalties.
Proposed law requires the supreme court to forward any findings where a person knowingly and
willfully fails to file a statement, fails to timely file a statement, omits information from a statement,
or provides inaccurate information in a statement to the district attorney for the parish where the
person is domiciled for prosecution of a misdemeanor.
Proposed law requires that certain proceedings of the supreme court be a matter of public record.
Authorizes judges to be governed by proposed law rather than the code of judicial conduct as it
relates to financial disclosure statements.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 13:65-67)