Session Information

2004 Regular Session Highlights

State Government

Addressing certain environmental concerns, Senate Bill 467 by Senator Fontenot (Act 17), provides for a five year statute of limitations, from the date a claim first accrued, for the commencement of actions, suits, or other proceedings for assessment or enforcement of civil fines or penalties under the LA Environmental Quality Act. The Act provides that a claim for a civil fine or penalty first accrued from the date the violation is first reported to DEQ.

Senate Bill 503 by Senator Heitmeier (Act 19), addressed the law which authorizes the state to sell surplus movable property of any board, commission, agency, or department of the state at public auction. The current law authorized the selection, through a competitive bid process, of qualified licensed auctioneers to handle the sale and provided for the selection of an auctioneer to be for a period of one year and to compensate such auctioneer from the proceeds of the sale.

The Act retains current law and specifies that the selection of an auctioneer shall be in the case of live public auction. Moreover, the Act authorizes the state to sell surplus movable property through the use of electronic technology including Internet web sites, privately or publicly owned, that facilitate such sales. It also authorizes the commissioner of administration to pay any costs of the sale from the proceeds of such sale.

Another administration bill, Senate Bill 509 by Senator Heitmeier (Act 23), increases the efficiency of the state’s payroll system. The Act provides for electronic funds transfer payments for all employees paid through the Integrated Statewide Information System (ISIS). The law will affect employees who are hired on or after 7/1/02 and employees hired before 7/1/02 who later have a break in service after that date and are rehired.

Currently, state law authorizes the state treasurer to invest certain state funds and authorizes investment in time certificates of deposits in any bank domiciled or having a branch office in the state of Louisiana or a federally or state-chartered credit union. Furthermore, the rate of interest for investments in time certificates of deposit are established by rules and regulations promulgated by the state treasurer. Competitive bidding may be used to establish the rate of interest on 20% or less of the amount available for investment in time certificates of deposit. House Bill 466 by Representative Alario (Act 92) increases the amount allowed for competitive bidding from 20% to 50%.

Attempting to clean-up the state’s image, House Bill 1246 by Representative Lafleur (Act 116), would make several changes to the current law regulating lobbyists in the state, particularly the lobbying of the executive branch of government. The new law would provide for the following:

*     Defines the following terms: executive branch action, executive branch agency, executive branch official, expenditure, lobbying, and lobbyist.

*     Specifies that an elected or appointed official or any designee of such an official acting in the performance of his public duties shall not be considered to be a lobbyist.

*     Provides that persons register with the ethics board within five days of employment as a lobbyist or within five days after the first action requiring registration.

*     Provides for hiring and termination of lobbyist.

*     Requires lobbyists to pay a $110 fee for each registration and renewal filed.

*     Requires that, as provided by ethics board rule, each lobbyist file with the ethics board, semiannually (August 15 for period of Jan. 1 - June 30; Feb. 15 for period July 1 - Dec. 31), a report of all expenditures required to be reported during the reporting period. Requires each report to include the total aggregate expenditures during the calendar year, aggregated as prescribed by the ethics board.

*     Requires that the lobbyist will also report by name and agency any executive branch official for whom the lobbyist's aggregate expenditures exceed $50 on any one occasion, or exceed the sum of $250 during a reporting period and the total amount of expenditures for any such executive branch official during the calendar year.

*     Requires the ethics board to promulgate rules and forms to prescribe the level of organization unit or units of an executive branch agency for which expenditures are required to be aggregated.

*     Requires that each report shall include a statement of total expenditures for each registration or social gathering to which 25 executive branch officials are invited and shall include the name of the group(s) invited and the date and location of the reception or social gathering. Amounts so reported are not attributable to individual officials for reports as required above. Exempts from reporting requirements any expenditures by a lobbyist for a reception or social gathering held in conjunction with a meeting of a national or regional organization of executive branch officials and expenditures for a meal or refreshment consumed or offered to an executive branch official giving a speech, being a member of a panel, or otherwise being involved in an informational presentation to a group.

*     Requires any expenditures by a lobbyist's principal or employer made in the presence of the lobbyist to be reported by the lobbyist. Requires any lobbyist's principal or employer who makes direct expenditures required to be reported to timely furnish its lobbyist information about such expenditures as necessary for compliance. Requires such information to be furnished to the lobbyist no later than two business days after the close of each reporting period.

*     Requires that any lobbyist's principal or employer who makes direct expenditures required to be reported and who fails to provide its lobbyist such information shall be required to register as a lobbyist and shall be subject to penalties for violations.

*     Allows a lobbyist's principal or employer to opt to file the required reports on behalf of all of the lobbyists who represent such principal's or employer's interests. Requires the principal or employer to notify the ethics board no later than January 31 of each year. Provides that such option shall be effective for the reporting of all expenditures made during that calendar year. Requires the notification to include a listing of all persons on whose behalf the lobbyist's principal or employer is filing reports. Requires any lobbyist whose principal or employer opts to file the required reports to timely furnish its principal or employer all information about expenditures as necessary for compliance, no later than two business days after the close of each reporting period. Provides that any lobbyist's principal or employer who opts to file the required reports who fails to file or timely file such reports shall be liable for and subject to any applicable late fees or penalties, or both.

*     Requires that the ethics board:

(a) Register lobbyists and assign lobbyist registration numbers. Requires such number to be inscribed on registration forms and reports of the lobbyist.

(b) Issue each registered lobbyist a copy of the provisions and rules adopted.

(c) Promulgate all necessary rules and forms, including but not limited to rules and forms to prescribe the level of organizational unit or units of an executive branch agency for which expenditures required to be reported shall be aggregated.

*     Makes the ethics board responsible for enforcement. Provides that provisions for enforcement of the ethics code will apply, including investigation, hearing procedures, confidentiality, penalties, appeals, powers of the ethics board, and enforcement of orders. Prohibits commencement of enforcement actions after two years after the alleged violation.

*     Authorizes the ethics board to impose and collect penalties and authorizes the ethics board to censure any person found guilty of a recurring or egregious violation of law and prohibit such person from lobbying for not less than 30 days and not more than one year.

*     Provides for late fees of $50 per day for failure to timely register or timely file any required report. For being 11 or more days late in registration or filing a report, after a hearing by the ethics board, a civil penalty may be assessed not to exceed $10,000.

*     Requires any expenditures by a lobbyist's principal or employer made in the presence of the lobbyist to be reported by the lobbyist. Requires any lobbyist's principal or employer who makes direct expenditures required to be reported to timely furnish its lobbyist information about such expenditures as necessary for compliance. Requires such information to be furnished to the lobbyist no later than two business days after the close of each reporting period. Requires that any lobbyist's principal or employer who makes direct expenditures required to be reported and who fails to provide its lobbyist such information shall be required to register as a lobbyist and shall be subject to penalties for violations.

Addressing concerns about the state of juvenile corrections in the state, House Bill 1276 by Representative Montgomery (Act 7), creates youth services as a separate entity in the Department of Public Safety and Corrections, comprised of the office of youth development and a new office of management and finance for youth services. The law provides for a deputy secretary for youth services who reports directly to the governor and includes special provisions for implementation of the office of management and finance for youth services.