HLS 24RS-58 REENGROSSED 2024 Regular Session HOUSE BILL NO. 106 BY REPRESENTATIVE JACKSON LOBBYING: Provides relative to the assessment of penalties on lobbyists for failure to timely file required reports 1 AN ACT 2To amend and reenact R.S. 24:58(D)(2), R.S. 33:9668(D)(2), R.S. 42:1157(A)(4)(c), and 3 R.S. 49:78(D)(2) and to enact R.S. 24:58(D)(6), R.S. 33:9668(D)(6), and R.S. 4 49:78(D)(6), relative to penalties imposed by the Board of Ethics; to provide for the 5 enforcement of registration and reporting requirements of legislative, executive 6 branch, and local lobbyists; to provide for the assessment of late fees and civil 7 penalties for failure to timely file; to provide for the computation of days; and to 8 provide for related matters. 9Be it enacted by the Legislature of Louisiana: 10 Section 1. R.S. 24:58(D)(2) is hereby amended and reenacted and R.S. 24:58(D)(6) 11is hereby enacted to read as follows: 12 §58. Enforcement 13 * * * 14 D. In addition to any other applicable penalties: 15 * * * 16 (2) Any person whose registration or report is filed eleven or more days after 17 the day on which it was due may be assessed, in addition to any late fees pursuant 18 to this Section, after a hearing by the board, a civil penalty not to exceed ten one 19 thousand dollars. 20 * * * Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-58 REENGROSSED HB NO. 106 1 (6) The computation of days provided for in this Subsection shall not include 2 Saturdays, Sundays, or other legal holidays. 3 Section 2. R.S. 33:9668(D)(2) is hereby amended and reenacted and R.S. 433:9668(D)(6) is hereby enacted to read as follows: 5 §9668. Enforcement 6 * * * 7 D. In addition to any other applicable penalties: 8 * * * 9 (2) Any person whose registration or report is filed eleven or more days after 10 the day on which it was due shall be assessed, in addition to any late fees pursuant 11 to this Section, after a hearing by the ethics board, a civil penalty not to exceed ten 12 one thousand dollars. 13 * * * 14 (6) The computation of days provided for in this Subsection shall not include 15 Saturdays, Sundays, or other legal holidays. 16 Section 3. R.S. 42:1157(A)(4)(c) is hereby amended and reenacted to read as 17follows: 18 §1157. Late filing fees 19 A. 20 * * * 21 (4) Any late filing fees assessed by the Board of Ethics or its staff, for any 22 failure to timely file any report or statement due, shall not exceed the following: 23 * * * 24 (c) If the fee is fifty dollars per day, the maximum shall be one thousand five 25 hundred dollars, except that the maximum shall be five hundred dollars for fees 26 assessed pursuant to Paragraph (2) of this Subsection. The computation of days 27 provided for in this Subparagraph shall not include Saturdays, Sundays, or other 28 legal holidays. 29 * * * Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-58 REENGROSSED HB NO. 106 1 Section 4. R.S. 49:78(D)(2) is hereby amended and reenacted and R.S. 49:78(D)(6) 2is hereby enacted to read as follows: 3 §78. Enforcement 4 * * * 5 D. In addition to any other applicable penalties: 6 * * * 7 (2) Any person whose registration or report is filed eleven or more days after 8 the day on which it was due may be assessed, in addition to any late fees pursuant 9 to this Section, after a hearing by the board, a civil penalty not to exceed ten one 10 thousand dollars. 11 * * * 12 (6) The computation of days provided for in this Subsection shall not include 13 Saturdays, Sundays, or other legal holidays. 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 106 Reengrossed 2024 Regular Session Jackson Abstract: Reduces the maximum amount of late fees and the maximum civil penalty imposed by the Bd. of Ethics on lobbyists for failure to timely file required reports and excludes weekends and holidays from the calculation of days for purposes of assessing fees and imposing penalties on lobbyists. Present law requires legislative, executive branch, and local lobbyists to register with the Bd. of Ethics (the "board") as soon as possible after employment as a lobbyist or after the first action requiring his registration as a lobbyist, whichever occurs first, and in any event no later than five days after employment or first action as a lobbyist. Present law provides that any person required to register and who fails to timely register and any person who fails to timely file any required report, including a combined report for legislative and executive branch lobbying, shall be assessed a late fee of $50 per day. Present law requires legislative and executive branch lobbyists to file with the board monthly expenditure reports containing specific information. Present law provides that any person who fails to file a required expenditure report containing all required information shall be assessed a late fee of $50 per day. Present law establishes maximums for late filing fees assessed by the board; such maximums are based on the amount of the per day fee. If the per day late filing fee is $50, present law provides that the maximum fee is $1,500. Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-58 REENGROSSED HB NO. 106 Proposed law reduces the maximum fee as applicable to legislative, executive branch, and local lobbyists to $500. Otherwise retains present law. Present law provides that any lobbyist whose registration or report is filed 11 or more days after the day on which it was due may be assessed, in addition to late fees, after a hearing by the board, a civil penalty not to exceed $10,000. Proposed law lowers the maximum civil penalty to $1,000. Proposed law provides the computation of days for purposes of calculating fees assessed and penalties imposed on lobbyists shall not include Saturdays, Sundays, or holidays. (Amends R.S. 24:58(D)(2), R.S. 33:9668(D)(2), R.S. 42:(A)(4)(c), and R.S.49:78(D)(2); Adds R.S. 2458(D)(6), R.S. 33:9668(D)(6), and R.S. 49:78(D)(6)) Summary of Amendments Adopted by House The House Floor Amendments to the engrossed bill: 1. Provide that the computation of days for purposes of calculating fees assessed and penalties imposed on lobbyists shall not include Saturdays, Sundays, or holidays. Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.