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 176 Engrossed 2021 Regular Session Thompson
Abstract: Makes the assessment of penalties for failure to file or failure to disclose or accurately
disclose information on a Tier 1, Tier 2, Tier 2.1, and Tier 3 personal financial disclosure
statement optional under most circumstances rather than mandatory and reduces the penalties
for Tier 3 filers from $50 to $25 per day and from $1500 to $500 maximum.
Present law (ethics code – R.S. 42:1124.4) provides that if a person fails to timely file a financial
statement or if the person omits required information or if the Bd. of Ethics (board) has reason to
believe information is inaccurate, the board is required to notify the person of such by sending a
notice of delinquency. Present law further provides that the board shall inform the person in the
notice of delinquency that failure to file the statement, to disclose or accurately disclose the
information, or to file an answer contesting the allegation by the deadline shall result in the
imposition of penalties and further specifies the penalties that shall be assessed.
Proposed law provides instead that the board and its staff are authorized to assess penalties rather
than required to assess penalties and otherwise retains present law.
Present law provides that if the board finds in connection with a written answer that a person has
failed to file or failed to disclose or accurately disclose information on a personal financial disclosure
statement, the person shall be subject to the assessment of penalties upon the board's determination
and further provides that if the board finds that such failures were willful and knowing, the person
shall be subject to prosecution for a misdemeanor. Proposed law retains present law.
Present law establishes a $50 per-day late fee with a maximum of $1,500 for persons required to file
Tier 2.1 and Tier 3 financial disclosure statements.
Proposed law establishes a $25 per day late fee with a maximum of $500 for persons required to file
Tier 3 financial disclosure statements and otherwise retains present law relative to Tier 2.1 financial
disclosure statements. Proposed law further establishes a $500 maximum amount for any other
reports or statements required to be filed with the board with a per-day late fee of $25.
Proposed law specifies that for purposes of present and proposed law the phrase "late filing fees"
includes late filing fees and penalties and the term "fee" includes a fee or penalty.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1124.4(A)(3), (B)(2), and (C) and 1157(A)(1)(a) and (4))