HLS 24RS-62 ORIGINAL 2024 Regular Session HOUSE BILL NO. 454 BY REPRESENTATIVE JACKSON CAMPAIGN FINANCE: Provides that campaign contribution limits for certain offices are applicable per calendar year and per election 1 AN ACT 2To amend and reenact R.S. 18:1505.2(H)(3), (4), (5), and (6) and to enact R.S. 3 18:1505.2(H)(7), relative to campaign contribution limits for certain offices; to 4 provide for the application of campaign contribution limits per calendar year and per 5 election; to provide for exceptions; to provide an effective date; and to provide for 6 related matters. 7Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 18:1505.2(H)(3), (4), (5), and (6) are hereby amended and reenacted 9and R.S. 18:1505.2(H)(7) is hereby enacted to read as follows: 10 §1505.2. Contributions; expenditures; certain prohibitions and limitations 11 * * * 12 H. 13 * * * 14 (3) The provisions of Paragraphs (1) and (2) of this Subsection shall apply 15 per calendar year, except for years in which the candidate participates in an election, 16 in which case the contribution limit begins anew following the election for the 17 remainder of the calendar year. 18 (3) (4)(a) For purposes of this Subsection, a primary election and a general 19 election shall constitute two separate elections. For purposes of this Subsection, for 20 candidates and committees that participate in a general election, the reporting period Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-62 ORIGINAL HB NO. 454 1 for the general election shall be deemed to begin the day following the primary 2 election. 3 (b) No person shall make a loan, transfer of funds, or contribution, including 4 but not limited to funds for any purchase of campaign materials for more than 5 twenty-five dollars, funds for the purchase of testimonial tickets, and any in-kind 6 contribution, in the aggregate for all reporting periods for an election, as defined in 7 this Paragraph, including reporting periods for any supplemental reports required, 8 in excess of the contribution limits established in Paragraphs (1) and (2) of this 9 Subsection, except as otherwise specifically provided in this Subsection. 10 (c) No candidate including his principal campaign committee and any 11 subsidiary committee thereof, shall accept from the same contributor a loan, transfer 12 of funds, or contribution, including but not limited to funds for any purchase of 13 campaign materials for more than twenty-five dollars, funds for the purchase of 14 testimonial tickets, and any in-kind contribution, in the aggregate for all reporting 15 periods of an election, as defined in this Paragraph, including reporting periods for 16 any supplemental reports, in excess of the contribution limits established in 17 Paragraph (1) of this Subsection, except as otherwise specifically provided in this 18 Subsection, and except that the provisions of Paragraph (2) shall apply for 19 contributions accepted from a political committee. The provisions of this 20 Subparagraph shall not apply to recognized political parties and their committees. 21 (d) After January 1, 1989, no person shall make a loan, transfer of funds, or 22 contribution to a candidate including his principal campaign committee with funds 23 loaned to him without disclosing to the candidate or his committee the source of the 24 funds. A candidate or his committee receiving such a loan, transfer of funds, or 25 contribution shall not only report the name of the contributor, but also the source of 26 the funds contributed. 27 (4) (5) The provisions of this Subsection shall not prohibit a transfer of funds 28 between a candidate or his principal campaign committee and any subsidiary Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-62 ORIGINAL HB NO. 454 1 committee thereof, provided that all parties shall comply with applicable reporting 2 requirements. 3 (5) (6) The provisions of this Subsection shall not apply to any contributions 4 or loans a candidate makes to his own campaign. 5 (6)(a) (7) For purposes of this Subsection, "loan" shall not include any loan 6 of money by a state bank, a federally chartered depository institution, or a depository 7 institution the deposits or accounts of which are insured by the Federal Deposit 8 Insurance Corporation, or the National Credit Union Administration, any licensed 9 lender under the Louisiana Consumer Credit Law, or an insurance company, other 10 than any overdraft made with respect to a checking or savings account, made in 11 accordance with applicable law and in the ordinary course of business, but such loan: 12 (i) (a) Shall be considered a loan by each endorser or guarantor, in that 13 proportion of the unpaid balance that each endorser or guarantor bears to the total 14 number of endorsers or guarantors, and such loan by each endorser and guarantor 15 shall be subject to the contribution limits provided in this Subsection; 16 (ii) (b) Shall be made on a basis which assures repayment, evidenced by a 17 written instrument, and subject to a due date or amortization schedule; and 18 (iii) (c) Shall bear the usual and customary interest rate of the lending 19 institution. 20 Section 2. R.S. 18:1505.2(H)(3) is hereby amended and reenacted to read as follows: 21 §1505.2. Contributions; expenditures; certain prohibitions and limitations 22 * * * 23 H. 24 * * * 25 (3) For candidates for an office that is not a party primary office, the The 26 provisions of Paragraphs (1) and (2) of this Subsection shall apply per calendar year, 27 except for years in which the candidate participates in an election, in which case the Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-62 ORIGINAL HB NO. 454 1 contribution limit begins anew following the election for the remainder of the 2 calendar year. 3 * * * 4 Section 3. This Section and Section 1 of this Act shall become effective August 1, 52024. Section 2 of this Act shall become effective when Act No. 1 of the 2024 First 6Extraordinary Session of the Legislature becomes effective. 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 454 Original 2024 Regular Session Jackson Abstract: Provides that campaign contribution limits for non-party primary office candidates apply per calendar year and per election. Present law (R.S. 18:1505.2) imposes limits on the amount of campaign contributions that a single source may make to a candidate per election in which the candidate participates. Effective Aug. 1, 2024, proposed law changes the application of the limits on campaign contributions made to candidates from per election to per calendar year, except for years in which the candidate participates in an election, in which case the contribution limit begins anew following the election for the remainder of the calendar year. Present law (Act No. 1 of the 2024 1 st E.S.) provides for a party primary system of elections for the office of senator or representative in the U.S. Congress, justice of the supreme court, the State Bd. of Elementary and Secondary Education, and the Public Service Commission. Such offices are defined as party primary offices. Proposed law provides that proposed law regarding campaign contribution limits does not apply to party primary offices. Effective in part August 1, 2024; effective in part when Act No. 1 of the 2024 1 st E.S. becomes effective. (Amends R.S. 18:1505.2(H)(3), (4), (5), and (6); adds R.S. 18:1505.2(H)(7)) Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.