ENROLLED
2021 Regular Session
HOUSE BILL NO. 176
BY REPRESENTATIVE THOMPSON
1 AN ACT
2 To amend and reenact R.S. 42:1124.4(A)(3), (B)(2), and (C) and 1157(A)(1)(a) and (4),
3 relative to ethics; to provide relative to certain fees and penalties assessed by the
4 Board of Ethics; to reduce the per-day penalty to be assessed against certain filers
5 of required financial disclosure statements; to provide for a maximum amount to be
6 assessed against certain filers; to give discretion to the board and its staff regarding
7 the assessment of certain penalties against certain filers of required financial
8 disclosure statements; to provide for an effective date; and to provide for related
9 matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 42:1124.4(A)(3), (B)(2), and (C) and 1157(A)(1)(a) and (4) are
12 hereby amended and reenacted to read as follows:
13 §1124.4. Penalties
14 A.
15 * * *
16 (3) The board shall inform the person in the notice of delinquency that
17 failure to file the statement, to disclose or accurately disclose the information, or to
18 file an answer contesting the allegation by the deadline shall may result in the
19 imposition of penalties as provided in Subsection C of this Section.
20 B.
21 * * *
22 (2) If the person fails to file the statement, fails to provide the omitted
23 information, fails to correct the inaccurate information, or fails to file a written
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1 answer prior to the deadline contained in the notice of delinquency, he shall may be
2 subject to assessment of the penalties provided in Subsection C of this Section for
3 each day until the statement, omitted information, corrected information, or written
4 answer is filed.
5 * * *
6 C. Penalties shall may be assessed as follows:
7 (1) Five hundred dollars per day for financial statements required by R.S.
8 42:1124.
9 (2) One hundred dollars per day for statements required by R.S. 42:1124.2.
10 (3) Fifty dollars per day for statements required by R.S. 42:1124.2.1 or
11 1124.3.
12 (4) Twenty-five dollars per day for statements required by R.S. 42:1124.3.
13 (5) The penalties to be assessed candidates shall be assessed according to
14 which financial statement the candidate is required to file as provided in R.S.
15 18:1495.7.
16 * * *
17 §1157. Late filing fees
18 A.(1)(a) The staff of the Board of Ethics may assess and issue a final order
19 for the payment of late filing fees, in accordance with rules adopted by the Board of
20 Ethics, for any failure to timely file any report or statement due under any law under
21 its jurisdiction as provided in R.S. 42:1132(C), R.S. 24:50 et seq., R.S. 49:71 et seq.,
22 or R.S. 33:9661 et seq. A final order issued pursuant to this Subparagraph shall be
23 appealable to the Ethics Adjudicatory Board for an adjudicatory hearing conducted
24 in accordance with R.S. 42:1141.5. For purposes of this Section, the phrase "late
25 filing fees" shall include late filing fees and penalties as the case may be and the term
26 "fee" shall include a fee or penalty as the case may be.
27 * * *
28 (4) Any late filing fees assessed by the Board of Ethics or its staff, for any
29 failure to timely file any report or statement due, shall not exceed the following:
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1 (a) If the fee is twenty-five dollars per day, the maximum shall be five
2 hundred dollars.
3 (b) If the fee is forty dollars per day, the maximum shall be one thousand
4 dollars.
5 (b) (c) If the fee is fifty dollars per day, the maximum shall be one thousand
6 five hundred dollars.
7 (c) (d) If the fee is sixty dollars per day, the maximum shall be two thousand
8 dollars.
9 (d) (e) If the fee is one hundred dollars per day, the maximum shall be two
10 thousand five hundred dollars.
11 (e) (f) If the fee is two hundred dollars per day, the maximum shall be three
12 thousand dollars.
13 (f) (g) If the fee is five hundred dollars per day, the maximum shall be
14 twelve thousand five hundred dollars.
15 * * *
16 Section 2. This Act shall become effective upon signature by the governor or, if not
17 signed by the governor, upon expiration of the time for bills to become law without signature
18 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
19 vetoed by the governor and subsequently approved by the legislature, this Act shall become
20 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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