2004 Regular Session Highlights
Elections
by: Tabitha Irvin-Gray
(225) 342-0645
PUBLIC RECORDS
Senate Bill 579 by Senator Charles Jones (Act
669) was a part of the governor’s package that the bill temporarily
protects records in the custody of DED pertaining to an active negotiation by
DED with a person for the purpose of retaining, expanding, or attracting
economic or business development in this state. An active negotiation concludes
when either DED or the person with whom DED is negotiating decides to no longer
actively pursue the retention, expansion, or location of such business in this
state, or when a proposal affecting the negotiation is submitted to a public
body in a public meeting, whichever occurs first. Before records may be granted
a temporary exemption from the public records law, a person must request
confidentiality in writing and the secretary must make a determination of
confidentiality if he finds that the release of information would be detrimental
to the negotiation. A request for confidentiality include reasons for such
request and an assertion that the negotiation is conditioned in whole or in part
on the maintenance of such confidentiality. The expense records of the
department related to the negotiation are public and subject to review. The
secretary may redact information from the department’s expense records that he
determines would identify or lead to the identification of the person with whom
the department is negotiating and provides that such information will be
confidential until the negotiations are concluded. A 12-month limit on the
protection of information pertaining to the negotiation is assessed, unless the
negotiation remains active and the secretary makes a new determination of
confidentiality and gives notice. No information shall remain confidential for
more than 24 months from the date of the secretary’s initial determination.
The legislation does not apply to an application for a license or permit or to
any record or negotiations concerning any hazardous waste or waste site. A
sunset provision was added that eliminates exemption from the public records law
as to any negotiations.
ELECTION CODE
Senate Bill 55 by Senator Charles Jones (Act
604) requires a candidate qualifying for a state or local primary election
to pay a qualifying fee when submitting the notice of candidacy. The qualifying
fee is to be paid in cash or by certified or cashier’s check on a state bank,
national bank or credit union or by a United States postal money order or money
order issued by a state bank or national bank or credit union. A candidate for
president to pay a qualifying fee, as by the party, of $750 and any additional
fee needed or to obtain a nominating petition of not less than one thousand
voters signatures associated with the party from each congressional district.
The required qualifying fee is to be paid in cash or by certified or cashier’s
check on a state bank, national bank, or credit union or by a United States
postal money order or money order issued by a state bank, national bank or
credit union.
House Bill 548 by Representative Charles
Lancaster (Act 517) creates a elections compliance unit within the Secretary
of State’s Office. This unit is to initiate independent inquires and conduct
independent investigations into allegations of election irregularities in any
municipality or parish; to respond to complaints or notifications alleging
election irregularities; review notices and reports of election irregularities
and conduct investigations of any incidents that it determines require further
investigation. The election compliance unit shall have authority to issue
subpoenas to compel the production of records and other documents from the
registrar of voters and receive sworn statements. The election compliance unit
is to turn over its findings to the appropriate prosecutorial agency if it
determines that there may be a violation of any criminal law or provision of the
Louisiana Election Code.
Senate Bill 121 by Senator Charles Jones
(pending House Appropriations) would have increased the pay for
commissioners-in-charge from $175 to $200 and for commissioners who receive a
course of instruction for commissioner-in-charge from $125 to $150.
REVENUE DEPARTMENT
Senate Bill 171 by Senator Reggie Dupre
(withdrawn from the files of the Senate) would have provided that the
membership of the Louisiana Tax Commission be comprised of 7 persons. The seven
members are to be appointed, one resident from each congressional district, and
be representative of the state’s population as nearly as practicable. The
governor is to appoint four additional members by August 1, 2004. The governor
is required to replace members on the commission if more than one member resides
in the same congressional district.
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