Amendment vs bill Senate Committee Amendment, #2111, S&G, Draft vs Enrolled

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Regular Session ENROLLED SENATE BILL NO.
SCASB495 471 2111 SENATE COMMITTEE AMENDMENTS Regular Session Amendments proposed by Senate Committee on Senate and Governmental Affairs to Original Senate Bill No.
495 BY SENATOR KLEINPETER AND REPRESENTATIVES BAYHAM, BOUDREAUX, DEVILLIER, FISHER, JACKSON, KNOX, MARTINEZ, MCFARLAND, MENA AND WYBLE AN ACT To amend and reenact R.S.
495 by Senator Kleinpeter AMENDMENT NO.
18:1463(C), the introductoryparagraph of 1483(7)(a),1483(7)(b)(i), (10), (11)(b)(ii), (11)(d)(i), the introductory paragraph of R.S.
1 On page 1, line 2, after "amend and reenact" delete the remainder of the line, delete lines 3 through 17 and on page 2, delete lines 1 through 4 and insert the following:
18:1483(21)(b) and (d), 1491.5(B)(2)(a), 1491.6(D)(1), (D)(3)(a) and (b), the introductoryparagraphofR.S.18:1491.6(E),(E)(1),(J),1491.7(B)(4)(a)and(b),(5), and (8), 1491.9(C)(2), 1495.3(B)(2)(a), 1495.4(D)(1), (D)(3)(a) and (b), the introductory paragraph of R.S.
"R.S.
18:1495.4(E), (E)(1), 1495.5(B)(5) and (7), the introductory paragraph of R.S.
18:1463(C) and (E), 1483(7)(a)(iv), (7)(b)(i), (10), (11)(b)(ii), (11)(d)(i) and (ii), (21)(b)and (d),(24)(a)(i),1491.5(B)(2)(a),1491.6(D)(1),(D)(3)(a)and (b), the introductory paragraph of R.S.
18:1501.3(C), 1505.2(B)(2), (H)(1)(c), (2)(e), and (3)(a)(iii), (b), and (c), 1505.2(I)(1)(b)(i)(cc) and (iii) and (c)(iii), (I)(2)(a)(i)(dd), (I)(2)(a)(ii)(cc), (I)(2)(a)(v), (I)(7), 1505.2.1(A)(1) and (G)(2), 1505.4(A)(2)(a)(i), and 1505.5(B)(1), to enact R.S.
18:1491.6(E), (E)(1), (J), 1491.7(B)(4)(a), (B)(5), 1495.3(B)(2)(a),1495.4(D)(1),(D)(3)(a)and(b),theintroductoryparagraphofR.S.
18:1463(H) and 1483(7)(a)(vi) and (11)(d)(vi), and to repealR.S.
18:1495.4(E), (E)(1), 1495.5(B)(5), 1501.3(C), 1505.2(B)(2), (H)(1)(c), (H)(2)(c) and (e), 1505.2(H)(3)(c), the introductory paragraph of R.S.
18:1491.7(B)(22), relative to campaign finance;
18:1505.2(I)(1)(a), (I)(1)(b)(i)(cc), the introductory paragraof R.S.
to provide relative to campaign contributions and expenditures;
18:1505.2(I)(1)(c)(i), (I)(1)(c)(iii),(I)(2)(a)(i)(dd),(I)(2)(a)(ii)(cc),(I)(2)(a)(v),(I)(7),1505.2.1(A)(1),and 1502.2.1(G)(2) and to enact R.S.
to define and provide for electioneering communications;
18:1505.2(I)(2)(ii)(dd), relative to campaign finance;
to define a recognized party legislative delegation;
to" AMENDMENT NO.
to provide for contributions and expenditures by a delegation;
2 On page 2, line 16, after "Section 1." delete the remainder of the line and delete lines 17 through 29 and on page 3, delete lines 1 through 4 and insert the following:
to provide for contributions and expendituresunderjointfundraisingagreements;toprovideforthejointfundraising committeerepresentative;todefinearecognizedpoliticalpartyandparishexecutive committee and provide for contributions to and expenditures by a recognized political party, a parish executive committee, or leadership committee;
"R.S.
to provide that the term "committee" includes a recognized political party parish executive committee, recognized party legislative delegation, or gubernatorial transition or inauguration;
18:1463(C) and (E), 1483(7)(a)(iv), (7)(b)(i), (10), (11)(b)(ii), (11)(d)(i) and (ii), (21)(b)and (d), (24)(a)(i),1491.5(B)(2)(a),1491.6(D)(1),(D)(3)(a)and(b),the introductory paragraph of R.S.
to provide reporting requirements;
18:1491.6(E), (E)(1), (J), 1491.7(B)(4)(a), (B)(5), 1495.3(B)(2)(a),1495.4(D)(1),(D)(3)(a)and(b),theintroductoryparagraphofR.S.
to provide for the use and transfer of surplus campaign funds;
18:1495.4(E), (E)(1), 1495.5(B)(5), 1501.3(C), 1505.2(B)(2), (H)(1)(c), (H)(2)(c) and (e), 1505.2(H)(3)(c), the introductory paragraph of R.S.
to provide for penalties owed by a gubernatorial transition or inauguration;
18:1505.2(I)(1)(a), (I)(1)(b)(i)(cc), the introductory paragraof R.S.
to provide for effectiveness;
18:1505.2(I)(1)(c)(i), (I)(1)(c)(iii),(I)(2)(a)(i)(dd),(I)(2)(a)(ii)(cc),(I)(2)(a)(v),(I)(7),1505.2.1(A)(1),and 1502.2.1(G)(2) are hereby amended and reenacted and R.S.
and to provide for related matters.
18:1483(7)(d)(vi) and 1505.2(I)(2)(ii)(dd) are herebyenacted to read as follows:" AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
3 On page 3, line 12, change "1834" to "1483" AMENDMENT NO.
Section1.R.S.18:1463(C),theintroductoryparagraphof1483(7)(a),1483(7)(b)(i), Page 1 of 19 Coding:
4 On page 6, line 2, change "(4)" to "(1)" AMENDMENT NO.
Words which are struck through are deletions from existing law;
5 On page 6, line 5, change "(5)" to "(2)" AMENDMENT NO.
words in boldface type and underscored are additions.
6 On page 6, delete lines 20 through 29 and on page 7, delete lines 1 through 20.
SB NO.
AMENDMENT NO.
495 ENROLLED (10), (11)(b)(ii), (11)(d)(i), the introductory paragraph of R.S.
7 On page 7, delete lines 24 through 29.
18:1483(21)(b) and (d), 1491.5(B)(2)(a), 1491.6(D)(1), (D)(3)(a) and (b), the introductory paragraph of R.S.
AMENDMENT NO.
18:1491.6(E), (E)(1), (J), 1491.7(B)(4)(a) and (b), (5), and (8), 1491.9(C)(2), 1495.3(B)(2)(a), 1495.4(D)(1), (D)(3)(a) and (b), the introductory paragraph of R.S.
8 On page 8, delete line 1 and insert asteri*ks*"* AMENDMENT NO.
18:1495.4(E),(E)(1),1495.5(B)(5)and(7),theintroductoryparagraphofR.S.18:1501.3(C), 1505.2(B)(2), (H)(1)(c), (2)(e), and (3)(a)(iii), (b), and (c), 1505.2(I)(1)(b)(i)(cc) and (iii), and (c)(iii), (I)(2)(a)(i)(dd), (I)(2)(a)(ii)(cc), (I)(2)(a)(v), (I)(7), 1505.2.1(A)(1) and (G)(2), 1505.4(A)(2)(a)(i), and 1505.5(B)(1) are hereby amended and reenacted and R.S.
9 On page 8, line 8, change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
18:1463(H) and 1483(7)(a)(vi) and (11)(d)(vi) are herebyenacted to read as follows:
10 On page 8, line 10, change "a committee" to "a political committee" Page 1 of 4 SCASB495 471 2111 AMENDMENT NO.
§1463.
11 On page 8, line 11, change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
Political material;
12 On page 8, line 18, change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
ethics;
13 On page 8, line 21, change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
prohibitions * * * C.(1)Nopersonshallcausetobedistributed,ortransmitted,anyoral,visual, digital, or written material containing any statement which he knows or should be reasonablyexpected to know makes a false statement about a candidate for election in a primaryor general election or about a proposition to be submitted to the voters.
14 On page 8, delete lines 24 through 29 and on page 9, delete lines 1 through 26.
(2) Whenever any person, political committee, entity or organization as defined in R.S.
AMENDMENT NO.
18:1483, makes a disbursement for the purpose of the financing of any electioneering communication, such communication shall comply with the following items under the following circumstances:
15 On page 10, lines 2 and 3, change "electioneering communications to" to "the" AMENDMENT NO.
(a) If the communication is paid for and authorized by a candidate, an authorized political committee of a candidate, or its agents, it shall clearlystate that the communication has been paid for by such authorized political committee.
16 Onpage10,line9,after"(11)(a)"deletetheremainderoftheline,deletelines10and11and insert asterisks "* * *" AMENDMENT NO.
The name of the political committee paying for the communication shall be given in full and no acronyms shall be used.
17 On page 10, delete lines 13 and 14 and insert asterisks "* * *" AMENDMENT NO.
(b) If the communication is paid for by other persons, but authorized by a candidate, an authorized political committee of a candidate, or its agents, it shall clearlystatethatthecommunicationispaidforbysuchotherpersonsandauthorized by such authorized political committee.
18 On page 10, line 16, change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
The name of the authorized political committee shall be given in full and no acronyms shall be used.
19 On page 10, line 19, change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
(c) If the communication is not authorized by a candidate, a political Page 2 of 19 Coding:
20 On page 10, lines 25 and 26, change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
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Words which are struck through are deletions from existing law;
21 On page 10, line 29 change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
words in boldface type and underscored are additions.
22 On page 11, delete lines 3 through 16, and insert aste* *"s "* AMENDMENT NO.
SB NO.
23 On page 11, delete lines 23 through 29, and on page 12, delete lines 1 through 4.
495 ENROLLED principal campaign committeeofacandidate,orits agents,it shallclearlystate the (i) name, (ii) physical address (not post office box), and (iii) telephone number and, or the world-wide web address if available of the person, committee, entity or organization who paid for the communication and ;
AMENDMENT NO.
and (iii) state that the communication is not authorized by any candidate or candidate committee.
24 On page 12, delete lines 14 through 29 and on page 13, delete lines 1 through 11.
The name of the payer shall be given in full and no acronyms shall be used.
AMENDMENT NO.
(d) In visual and oral political announcements or advertisements, the statement required by this Subsection shall be included so that it is clearly understandable as well as audible or visible for not less than four seconds.
25 On page 13, delete lines 21 through 29 and on page 14, delete lines 1 through 29.
(e) In digital announcements or advertisements, the name of the third-party entity shall appear in text sized at least as large as the smallest text in the digital material or in a heading or similar section of text displayed above or within the digital material that is visually distinct fromthe remainder of the digital material's text and shall have a reasonable degree of color contrast between the background and the name of the third-party entity.
AMENDMENT NO.
(3) If an individual, association, organization, committee, or corporation is responsible for or causes the distribution or transmission of any statements relative to candidates or propositions which do not fully disclose the name of the individual or the name of the association, organization, committee, or corporation, and the full and correct name and address of its chairman or other chief administrative officer and whether or not such individual, association, organization, committee, or corporation supports or opposes such candidate or proposition, such individual, association, organization, committee, or corporation shall report all expenditures incurred in relation to the publication, distribution, transportation, or transmission in accordance with R.S.
26 On page 15, delete lines 1 through 29 and on page 16 delete lines 1 through 25.
18:1491.7, 1495.5, or 1501.1.
AMENDMENT NO.
(4)(3)(a) No person shall misrepresent himself or any committee or organization under his control as speaking, writing, or otherwise acting for or on behalf of any candidate, political committee, or political party, or any employee or agent thereof.
27 On page 17, line 7 change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
(b) No person shall willfully and knowingly participate in or conspire to Page 3 of 19 Coding:
28 On page 17, delete lines 13 through 26..
Words which are struck through are deletions from existing law;
AMENDMENT NO.
words in boldface type and underscored are additions.
29 On page 18, line 9, delete "campaign" AMENDMENT NO.
SB NO.
30 On page 19, line 20, delete "fifty" Page 2 of 4 SCASB495 471 2111 AMENDMENT NO.
495 ENROLLED participate in a plan, scheme,or design to misrepresenthimself or anycommittee or organization under his control or under the control of any other participant in the plan, scheme, or design as speaking, writing, or otherwise acting for or on behalf of any candidate, political committee, or political party, or any employee or agent thereof.
31 On page 19, delete lines 25 through 29 and on page 20, delete lines 1 through 17 and insert asterisks "* * *" AMENDMENT NO.
(c) A radio or television broadcaster who broadcasts a paid political announcement or advertisement, the content of which the broadcaster had no input in or control over, is not subject to the provisions of this Paragraph.
32 On page 20, line 23 change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
(5)(4) For purposes of Paragraph (2) of this Subsection, the term "electioneering communication" means any broadcast, cable, or satellite communication that refers to a legally qualified candidate for elected office and is broadcast within sixty days before any election in which such candidate is on the ballot.
33 On page 21, line 2 change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
* * * H.
34 Onpage21,deletelines6 through 29, onpage22,deletelines 1through29,andonpage23, delete lines 1 through 11.
The provisions of this Section shall not apply to a media entity that broadcasts a paid political announcement or advertisement, in which the broadcaster has had no input in or control over the announcement or advertisement.
AMENDMENT NO.
As used in this Subsection, the term "media entity" includes a radiobroadcaststation,televisionbroadcaststation,cableorsatellitetelevision company,orothervideoserviceprovider,streamingvideoprovider,newspaper company, periodical company, billboard company, advertisement agency, or media platform responsible for the production or publication of any advertisement, voice, data, or other communications, information services, or internet accessprovider, or bona fide news orpublic interestwebsite operator.
35 On page 23, line 21 change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
* * * §1483.
36 On page 23, delete lines 27 through 29, on page 24, delete lines 1 through 29 and on page 25, delete lines 1 and 2 and insert the following:
Definitions As used in this Chapter, the following terms shall have the meanings given to each in this Section unless the context clearly indicates otherwise:
"§1495.4.
* * * (7)(a) "Contribution", except as otherwise provided in this Chapter, means Page 4 of 19 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
495 ENROLLED a gift, conveyance, payment, or deposit of money or anything of value, or the forgiveness of a loan or of a debt made directly or through a joint fundraising agreement to any of the following:
* * * (vi) A recognized political party that receives contributions in an aggregate amount of one thousand dollars within any calendar year.
(b) "Contribution" shall also include, without limitation:
(i) Contributions in-kind made for any of the purposes stated in this Paragraph, having an attributable monetary value in excess of fifty two hundred dollars.
Contributions in-kind shall include without limitation:
the donation by any person, other than a candidate or a political committee, of the services of paid employees, the value of which services exceeds fifty two hundred dollars, such value to be the amount paidforsuchservices;thedonation of, or the donation of the right to use, any item of tangible property when the same is used or consumed and notexchangedorconvertedto cashortheequivalentofcashandwhentheaccepting candidate, the chairman of the accepting political committee, or accepting person required to file reports under this Chapter and the treasurer of such recipient, if any, determines that its value or the use value, when only the right of use is given, exceeds fifty two hundred dollars and such determination shall be prima facie evidence of the correctness of the valuation of the item or of the use value when applicable.
In addition, successive donations made by the same person, which donations individually are valued below fifty two hundred dollars but which together exceed such amount, shall be deemed to be in-kind contributions and shall be aggregated for purposes of the requirements of this Chapter.
* * * (10) "Election" means any party primary, second party primary, primary, general, special, or other election held, pursuant to the laws of this state or a parish or municipal charter or ordinance or a court order, to choose a public officer or nominee.
For purposes of the reporting requirements for the support or opposition of a proposition or question submitted to the voters, "election" shall also mean any Page 5 of 19 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
495 ENROLLED primary, general, or special election, except local option elections held pursuant to the provisions of Chapter 3 of Title 26 of the Louisiana Revised Statutes of 1950, at which a proposition or question is submitted to the voters in accordance with Chapters 6-A, 6-B, and 6-C of this Code.
(11)(a) * * * (b) "Expenditure" shall also include:
* * * (ii)Expendituresin-kindwhichhaveanattributablemonetaryvalueinexcess of fifty two hundred dollars, made for any of the purposes stated in this Paragraph toa committee.
Expenditures in-kind shall include without limitation:
thedonation byanyperson, candidate, or committee of the services of paid employees, the value of which services exceeds fifty two hundred dollars, such value to be the amount paid for such services;
the donation of, or the donation of the right to use, any item of tangible property when the same is used or consumed and not exchanged or converted to cash or the equivalent of cash and when the donating candidate, the chairman of the donating committee, or the donating person required to file reports underthisChapter,andthecampaigntreasurerofsuchdonor,ifany,determinesthat its value or the use value, when only the right to use is given, exceeds fifty two hundred dollars and such determination shall be prima facie evidence of the correctnessofthevaluationoftheitemortheusevaluewhenapplicable.Inaddition, successive donations made to the same person, candidate or committee in which donations individually are valued below fifty two hundred dollars but which together exceed such amount, shall be deemed to be in-kind expenditures and shall be aggregated for purposes of the requirements of this Chapter.
* * * (d) "Expenditure" shall not include:
(i) Personal services provided voluntarily by any person without compensation or byanyperson who is employed by a candidate for purposes other thansolelycampaign purposes bythereportingcandidate,byapartnershipofwhich he the candidate is a member, or bya corporation of which he the candidate owns Page 6 of 19 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
495 ENROLLED a majority of the stock.
* * * (vi) Any communication over the internet, except for express advocacy communications placed or promoted for a fee on another person's website, digital device, application, or advertising platform.
A communication is promotedforafeeifapaymentismadetoawebsite,digitaldevice,application, or advertising platform in order to increase the circulation, prominence, or availabilityofthecommunicationonthatwebsite,digitaldevice,application,or advertising platform.
* * * (21) "Participation" or "participating" in an election means the following:
* * * (b) With regard to a political committee, that the committee:
* * * (d) With regard to a person who solicits or receives any contribution or makes any expenditure in support of or in opposition to a proposition or question submitted to the voters,thatsaidpersonsolicited or receiveda contribution or made an expenditure of two hundred fifty dollars or more.
* * * §1491.5.
Maintenance of records;
valuation of in-kind contributions and expenditures * * * B.(1) * * * (2) Payments made to purchase raffle tickets or paraphernalia, other than expenditures made by a committee for its own paraphernalia, and payments for tickets to testimonials and similar fundraising events are contributions, and records thereof shall be maintained, provided that:
(a) In the case of anysingle transaction involving the sale of raffle tickets or paraphernaliawhichisforanamountnot in excessoffiftytwohundred dollarsand theproceedsofwhicharereceivedanddepositedbyapoliticalcommittee,norecord Page 7 of 19 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
495 ENROLLED need be kept by the treasurer for such recipient committee, except the total amount received and deposited from such sale and the fact that such amount was received from such sale.
* * * §1491.6.
reporting times and periods * * * D.(1) If the final report of a committee for an election, as required by Paragraph (B)(5), (6), or (7) of this Section, or the most recent monthly report of suchcommitteepursuantto Subsection Iofthis Sectionshows a deficit or a surplus, the chairman and treasurer of the committee, if any, shall file supplemental reports with the supervisorycommittee of all information required in R.S.
18:1491.7.
Such reportsshallbefiledannuallynolaterthanFebruarytwenty-eighthMarchfifteenth and shall be complete through the preceding December thirty-first.
Such a supplementalreportshallbefiledeachyearuntilareporthasbeenfiledwhichshows nodeficitanduntilanysurpluscampaignfundshavebeendisposedofinaccordance with R.S.
18:1505.2(I).
The report on surplus funds shall disclose the disbursement of such funds in the same manner as expenditures are reported.
* * * (3)(a) A report need not be filed under this Subsection if the committee is dissolved and shows a deficit of less than five thousand dollars.
However, if the committeeisdissolvedanditsdeficitisequaltoorgreaterthanfivethousanddollars, the committee shall file supplemental reports with the supervisorycommittee of all information required in R.S.
18:1491.7.
Such report shall be filed annually no later than February twenty-eighth March fifteenth and shall be complete through the preceding December thirty-first.
Such report shall be filed each year for five years or until a report has been filed which shows no deficit or surplus.
(b) However, if after five years a committee with a deficit receives any contribution or if any repayment occurs on an outstanding debt or loan, such committee shall file a supplemental report bythe following Februarytwenty-eighth March fifteenth which shall be complete through the preceding December Page 8 of 19 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
495 ENROLLED thirty-first.
* * * E.
A report shall be filed for each committee of all information required in R.S.
18:1491.7 no later than February twenty-eighth March fifteenth of each year whichshallbecompleteasoftheprecedingDecemberthirty-first.Theannualreport required by this Subsection shall not be required:
(1)IfunderanotherprovisionofthisSection,thecommitteehasfiledanother report of the information required byR.S.
18:1491.7 at anytime after the preceding December tenth and prior to the February fifteenth March fifteenth due date, or * * * J.
The provisions of this Section shall not apply to reports filed by a leadership committee or by the elected governor pursuant to R.S.
18:1501.3.
* * * §1491.7.
Reports;
contents * * * B.EachreportrequiredtobeinconformitywiththisSectionshallcontainthe following information:
* * * (4) Contributions received during the reporting period for which the report is being completed shall be reported, and the same shall be reported irrespective of the amount thereof except as otherwise provided, as follows:
(a) The full name and address of each person who has made one or more contributions, exceptcontributions in theformofapayrolldeductionorduescheck- off system, to and which have been received and accepted by the committee during thereportingperiod,andwhosecontributionorcontributionshaveanaggregate amount or value in excess of two hundred dollars within the calendar year;
the aggregate amount of such contributions, except in-kind contributions, from each person, and the date and amount of each such contribution;
and a brief description of each in-kind contribution from each person, the valuation thereof made by the chairman and the treasurer, and the date of the in-kind contribution.
Page 9 of 19 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
495 ENROLLED (b) The full name and address of each person who has made one or more contributions in the form of a payroll deduction or dues check-off system in excess of twenty-five dollars in the aggregate in a calendar year to and which have been receivedandacceptedbythecommitteeduringthereportingperiod,andthedateand amount of each contribution.
In the case of a political committee that supports multiple candidates or issues and receives over ten thousand contributions in the form of a payroll deduction or dues check-off system when no single contributor contributes in excess of fifty two hundred dollars in the aggregate in a calendar year,suchcommitteemayelect to report the names andaddressesofitscontributors onanannualbasis.Politicalcommitteesmakingthiselectionshalllistthenamesand addresses of its contributors, the total amount of the contributions received per contributor,andthescheduleofthereceiptofsuchcontributionsontheannualreport due by February twenty-eighth March fifteenth complete through the preceding December thirty-first.
* * * (5)(a)Thegrossproceedsreceivedandacceptedbythecommitteeduringthe reportingperiodfromthesaleofparaphernalia.Purchasesofparaphernaliafromthe committee which are made by the same person and are of such amount as to be reportable, either singly or in the aggregate, as provided in Paragraph (4) of this Subsection, shall be so reported;
however, single transactions to purchase paraphernaliawhicharenot in excessoffiftytwohundred dollarsmust bereported only in the report of gross proceeds and shall not be required to be reported as provided in Paragraph (4) of this Subsection.
(b) The gross proceeds received and accepted by the committee during the reporting period from the sale of raffle tickets.
Purchases of raffle tickets that are made by the same person and are of such amount as to be reportable, either singly or in the aggregate, as required in Paragraph (4) of this Subsection, shall be so reported;
however, single transactions to purchase raffle tickets which are not in excess of fifty two hundred dollars must be reported only in the report of gross proceedsandshall notberequiredtobereportedasprovidedin Paragraph(4)ofthis Page 10 of 19 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
495 ENROLLED Subsection.
* * * (8)Anyothercashreceipts,notcontributions,receivedfromanyothersource not included above during the reporting period, for example, refunds of overpayments or excess contributions, refunds for services or goods, interest on cashbalances,cashinvestmentincome,andthenature,source,andanexplanation thereof.
* * * §1491.9.Joint fundraising;
joint fundraisingrepresentativeorcommittee;authority, requirements, and prohibitions * * * C.Theparticipantsshalldesignateajointfundraisingrepresentativepursuant to one of the following:
* * * (2)Theparticipantsmaydesignatea political committee to serve as the joint fundraising representative, referred to in this Section as a "joint fundraising committee".Ajointfundraisingcommitteeshallreportallcontributionsmadetothe joint fundraisingeffortas contributions to the joint fundraising committee and shall report the distribution of proceeds pursuant to this Section as expenditures made to the participants pursuant to R.S.
18:1491.6, 1491.6.1, and 1491.7.
Each participant shall report the amounts received from the joint fundraising committee as contributionsfromeachcontributor.Thejointfundraisingcommitteechairmanshall be responsible for all duties of the joint fundraising representative provided for in this Section.
Within ten days following the execution of the joint fundraising agreement,thejointfundraisingcommitteeshallfileastatementoforganizationwith the supervisory committee as provided in R.S.
18:1491.1.
* * * §1495.3.
Maintenance of records;
valuation of in-kind contributions and expenditures * * * Page 11 of 19 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
495 ENROLLED B.(1) * * * (2) Payments made to purchase raffle tickets or campaign paraphernalia, other than expenditures made by a candidate for his own paraphernalia, and paymentsforticketstotestimonialsandsimilarfundraisingeventsarecontributions, and records thereof shall be maintained, provided that:
(a) In the case of anysingle transaction involving the sale of raffle tickets or paraphernaliawhichisforanamountnot in excessoffiftytwohundred dollarsand the proceeds of which are received and deposited bya candidate, no record need be kept bythe campaign treasurerfor such recipient candidate, except the total amount received and deposited from such sale and the fact that such amount was received from such sale.
* * * §1495.4.
Reports required;
extension * * * D.(1) If the final report of a candidate for an election, as required by Paragraph(B)(5), (6), or (7) of Subsection B of this Section, shows a deficit or a surplus, the candidate and his treasurer, if any, shall file supplemental reports with the supervisory committee of all information required in R.S.
extension" AMENDMENT NO.
18:1495.5.
37 On page 25, line 12, delete "campaign" AMENDMENT NO.
Such reportsshallbefiledannuallynolaterthanFebruarytwenty-eighthMarchfifteenth and shall be complete through the preceding December thirty-first.
38 On page 25, line 16, change "ten" to "five" AMENDMENT NO.
Such a supplementalreportshallbefiledeachyearuntilareporthasbeenfiledwhichshows nodeficitanduntilanysurpluscampaignfundshavebeendisposedofinaccordance with R.S.
39 On page 25, line 18, change "ten" to "five" AMENDMENT NO.
18:1505.2(I).
40 On page 26, delete lines 8 through 15.
The report on surplus funds shall disclose the disbursement of such funds in the same manner as expenditures are reported.
AMENDMENT NO.
* * * (3)(a)A report need not be filed under this Subsection if the candidateis not an elected public official and shows either a deficit or a surplus of less than five thousand dollars.
41 On page 26, line 26 change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
However, if the candidate is not an elected public official and his deficitorsurplusis equalto orgreaterthanfivethousanddollars,thecandidateshall filesupplementalreportswiththesupervisorycommitteeofallinformationrequired Page 12 of 19 Coding:
42 On page 27, line 5 change "two hundred fifty" to "fifty two hundred" AMENDMENT NO.
Words which are struck through are deletions from existing law;
43 On page 27, delete lines 8 through 29 and on page 28, delete lines 1 through 14.
words in boldface type and underscored are additions.
AMENDMENT NO.
SB NO.
44 Onpage28, deletelines 16 through29andonpage29deletelines 1through29andonpage 30, delete lines 1 through 22.
495 ENROLLED in R.S.
AMENDMENT NO.
18:1495.5.
45 On page 30, change "December" to "January" AMENDMENT NO.
Such reportshall be filed annuallyno later than Februarytwenty- eighth March fifteenth and shall be complete through the preceding December thirty-first.
46 On page 31, line 7 change "two hundred fifty" to "fifty two hundred" and delete lines 11 through 27.
Such report shall be filed each year for five years or until a report has been filed which shows no deficit or surplus.
AMENDMENT NO.
(b) However, if after five years a candidate with a deficit receives any contribution or if any repayment occurs on an outstanding debt or loan, such candidateshallfileasupplementalreportbythefollowingFebruaryfifteenthMarch fifteenth which shall be complete through the preceding December thirty-first.
47 On page 32, line 8, change "twenty-five" to "twenty-four" AMENDMENT NO.
* * * E.
48 On page 32, line 10, delete "campaign" Page 3 of 4 SCASB495 471 2111 AMENDMENT NO.
A report shall be filed for each candidate, as defined by R.S.
49 On page 32, delete line 11, and insert "political committees or leadership" AMENDMENT NO.
18:1483(3), ofallinformationrequiredinR.S.18:1495.5nolaterthanFebruaryfifteenthMarch fifteenth of eachyearwhich shall be complete as of the precedingDecemberthirty- first.
50 On page 32, line 26, change "twenty-five" to "twenty-four" AMENDMENT NO.
The annual report required bythis Subsection shall not be required:
51 On page 32, delete line 29 and on page 33, delete lines 1 through 18.
(1) If under another provision of this Section the candidate has filed another report of the information required byR.S.
AMENDMENT NO.
18:1495.5 at anytime after the preceding December tenth and prior to February fifteenth March fifteenth due date, or * * * §1495.5.
52 On page 33, line 21, after "thereof" and before "shall" insert "or leadership committee," AMENDMENT NO.
Reports;
53 On page 33, line 23, change "one" to "two" AMENDMENT NO.
contents * * * B.EachreportrequiredtobeinconformitywiththisSectionshallcontainthe following information:
54 Onpage34,line4,between"committee"and"may"insert"directlyorbyjointfundraising agreement," AMENDMENT NO.
* * * (5)(a) The gross proceeds received and accepted bythe candidate during the reporting period from the sale of paraphernalia.
55 On page 34, delete lines 7 through 15.
Purchases of such campaign paraphernalia which are made bythe same person and which are of such amount as to bereportable,eithersinglyorin theaggregate,asrequiredin Paragraph(4)ofthis Subsection, shall besoreported;however,single transactions to purchasecampaign items or materials which are not in excess of fifty two hundred dollars must be reportedonlyin the report of gross proceedsand shall not be required to be reported as provided in Paragraph (4) of this Subsection.
AMENDMENT NO.
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56 On page 34 delete lines 27 through 29 and on page 35, delete lines 1 through 29.
Words which are struck through are deletions from existing law;
AMENDMENT NO.
words in boldface type and underscored are additions.
57 Onpage36,line1after"(c)(i)"deletetheremainderoftheline,deletelines 2through5,and delete lines 7 through 29 and on page 37, delete lines 1 through 4.
SB NO.
AMENDMENT NO.
495 ENROLLED (b) The gross proceeds received and accepted by the candidate during the reporting period from the sale of raffle tickets.
58 On page 37, delete lines 13 through 29.
Purchases of raffle tickets that are made by the same person and are of such amount as to be reportable, either singly or in the aggregate, as provided in Paragraph (4) of this Subsection, shall be so reported;
AMENDMENT NO.
however, single transactions to purchase raffle tickets which are not in excess of fifty two hundred dollars must be reported only in the report of gross proceedsandshall not berequiredto bereportedasprovidedinParagraph(4)ofthis Subsection.
59 On page 37, delete lines 27 through 29 AMENDMENT NO.
* * * (7) Any other cash receipts, not contributions, from any other source not included above during the reporting period, for example, refunds of overpayments orexcesscontributions,refundsforservicesorgoods,interestoncashbalances, cash investment income, and the nature, source, and an explanation thereof.
60 On page 38, delete lines 1 through 29, delete pages 39 and 40 and on page 41, delete lines 1 through 8.
* * * §1501.3.
AMENDMENT NO.
Gubernatorial transition and inauguration;
61 On page 41, delete lines 28 through 29 and on page 42, delete lines 1 through 4.
contribution limits;
AMENDMENT NO.
reports * * * C.
62 On page 42, delete line 16 through 29, delete pages 43 and 44.
On or before the sixtieth day after the gubernatorial inauguration and by February twenty-eighth March fifteenth annually thereafter until all contributions have been expended or used, the governor shall file an all-inclusive report with the supervisory committee.
AMENDMENT NO.
Each report shall be complete through January thirty-first.
63 On page 45, delete lines 1 through 13, and delete lines 22 through 29 AMENDMENT NO.
Each report shall state:
64 On page 46, delete lines 1 through 29 and on page 47 delete lines 1 through 23 and insert "G.(1) * * *" AMENDMENT NO.
* * * §1505.2.
65 On page 47, line 25, between "election" and "for" insert "be redesignated" AMENDMENT NO.
Contributions;
66 On page 47, lines 25 and 26 delete "in the election cycle," AMENDMENT NO.
expenditures;
67 Onpage47, deleteline29 and delete pages 48and49andonpage50,deletelines 1through 20.
certain prohibitions and limitations * * * B.(1) * * * (2) Any single transaction involving the sale of paraphernalia, in which the transactionisfornotinexcessoffiftytwohundred dollarsandinwhichtransaction the purchaser is not known, shall not be deemed to constitute an anonymous contribution under the provisions of this Subsection.
Page 4 of 4
* * * Page 14 of 19 Coding:
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SB NO.
495 ENROLLED H.(1)(a) * * * * * * (c)NotwithstandingtheprovisionsofSubparagraph(a)ofthisParagraph,the contribution limit for contributions made to an unsuccessful majorofficecandidate, or the principal campaign committee and any subsidiary committee of such unsuccessful candidate, who does not participate in the general election, or a party primary candidate who does not participate in either the second party primary, primary, or general election and for the time period for which such candidate has a deficitforexpendituresmadethroughthedayoftheprimaryelectionorclosedparty primary, shall be twenty-four thousand dollars.
(2)(a) * * * (e) Notwithstanding the provisions of Paragraph (1) of this Subsection and Subparagraph (a) of this Paragraph, the contributions contribution limit for contributions byleadership committeesorpolitical committeesto an unsuccessful major office candidate, or the principal campaign committee and subsidiary committee of such unsuccessful candidate, who does not participate in the general election,;
or a partyprimarycandidate who does not participate in either the second party primary, primary, or general election;
and for the time period for which such candidatehasadeficitforexpendituresmadethroughthedayoftheprimaryelection or closed party primary, shall be twenty-four thousand dollars.
* * * (3)(a)(i) * * * * * * (iii) For purposes of this Subsection, for candidates for a primary party primary office, principal campaign committees, political committees, and independentexpenditure-onlycommitteesthatparticipateinasecondpartyprimary, the reporting period for the second party primary election shall be deemed to begin the day following the primary election.
* * * (b)Nopersonshall make a loan,transferoffunds,orcontribution, including Page 15 of 19 Coding:
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SB NO.
495 ENROLLED but not limited to funds for any purchase of campaign materials for more than fifty two hundred dollars, funds for the purchase of testimonial tickets, and anyin-kind contribution, in the aggregate for all reporting periods for an election, as defined in this Paragraph, including reporting periods for any supplemental reports required, in excess of the contribution limits established in Paragraphs (1) and (2) of this Subsection, except as otherwise specificallyprovided in this Subsection.
(c) No candidate including his principal campaign committee or subsidiary committee thereof or leadership committee, shall accept from thesame contributor a loan, transfer of funds, or contribution, including but not limited to funds for any purchase of campaign materials for more than fifty two hundred dollars, funds for thepurchaseoftestimonialtickets,andanyin-kindcontribution,intheaggregatefor all reportingperiods of an election, as definedin this Paragraph, including reporting periodsforanysupplementalreports,inexcessofthecontributionlimits established in Paragraph(1)ofthis Subsection, except as otherwise specificallyprovidedin this Subsection, and except that the provisions of Paragraph (2) shall apply for contributionsacceptedfromaleadershipcommittee,politicalcommittee,orprincipal campaign committee.
The provisions of this Subparagraph shall not apply to recognized political parties and their state central committees.
* * * I.(1)(a)Contributionsreceivedbyacandidateorcommitteemaybeexpended for any lawful purpose related to anyof the following:
* * * (b)(i)InadditiontothepermittedexpendituresprovidedinSubparagraph(a) of this Paragraph, contributions received by a candidate or a candidate's principal campaigncommittee,oranysubsidiarycommitteethereof,mayalsobeexpendedfor any lawful purpose related to anyof the following:
* * * (cc) Contributions to another candidate's principal campaign committee, to a political committee, or to a leadership committee, to an independent- expenditure-only committee, or to a recognized political party of a parish Page 16 of 19 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
495 ENROLLED executive committee.
* * * (iii) Excess Surplus campaign contributions funds received by a candidate or a candidate's principal campaign committee and not expended during a party primary, second party primary, primary, or general election maybe maintained in a segregated fund or a fund of the candidate's principal campaign committee for use in future political campaigns, activity related to preparing for future candidacy to elective office, or for any lawful purpose provided for in this Subparagraph and Subparagraph (a) of this Paragraph.
Any excess surplus campaign contributions received from a contributor deposited in or transferred to a segregated fund shall not be considered as a contribution from the contributor for the calculation of the amount contributed by the contributor to the candidate for the candidate's next election campaign, such that the limits on contributions calculated for each contributor under this Section shall remain separately applicable for each separate election.
(c)(i) * * * (iii) For purposes of this Subparagraph, use of funds by a leadership committee to replace, repair, or clean articles lost, stolen, soiled, or damaged in connection with the operations of the leadership committee or the holding of public office or partyposition by the public officer shall not be considered personal use.
* * * (2)(a)The following expenditures shall not be consideredto be personal use by the candidate or his principal campaign committee or a subsidiary committee thereof, or by an elected official or his leadership committee:
(i) Expenses related to the attendance at political or professional events by the candidate and anyaccompanying spouse and children, including:
* * * (dd) Conventions and conferences of issue or social advocacy groups or related educational programs.
(ii) Reasonable costs of security measures for a candidate, elected official, Page 17 of 19 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
495 ENROLLED member of their family, or campaign employees, including, but not limited to:
* * * (cc) Security personnel and, services, and related transportation that are bona fide, legitimate, and professional.
* * * (v) Reasonable costs to replace or repair articles lost, stolen, or damaged in connection with the campaign or to clean articles when required due to their use in connection with the campaign or holding public office.
* * * (7) Contributions made in excess of the limits provided in this Section to a candidate, principal campaign committee, political committee, or leadership committee shall be returned by the candidate or committee to the contributor by check drawn on the campaign account.
If the check is not negotiated within twelve monthsofthedateofthecheck,theexcessamountshallbepresumedabandonedand shall be paid, transferred, or caused to be paid or transferred in accordance with the Uniform Unclaimed Property Act of 1997 by the candidate or committee not later thanFebruarytwenty-eighth Marchfifteenthofthecalendaryearafterthecalendar year in which the excess amount was presumed abandoned.
* * * §1505.2.1.
Designation and attribution of contributions A.(1) A candidatemayreceivecontributions designatedin writing for use in connection with any election in a single election cycle, whether a party primary election, a second party primary election, primary election, or general election.
The candidate shall use an acceptable accounting method to distinguish between contributions attributed to each particular election.
* * * G.(1) * * * (2) A candidate may request that redesignate all or part of a contribution designated for a certain election be redesignated for a different election if the contribution, eitheron its faceorwhenaggregatedwith othercontributions fromthe Page 18 of 19 Coding:
Words which are struck through are deletions from existing law;
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SB NO.
495 ENROLLED samecontributorforthesameelection,exceedsthecontributionslimitationprovided in R.S.
18:1505.2(H).
* * * §1505.4.
Civil penalties;
failure to file;
timely and accurate filing;
forfeiture A.
* * * (2)(a) The amount of such penaltymay be:
(i) One hundred dollars per day, not to exceed two thousand five hundred dollars, for each candidate for major office and, any treasurer or chairman of any committee designated as a principal campaign committee or subsidiary committee of such a candidate, and the elected governor for a gubernatorial transition or inauguration.
* * * §1505.5.
Civil penalties;
violation of Chapter * * * B.
The amount of such penalty shall be:
(1)Notinexcessoffivehundreddollarsforeachcandidateforamajoroffice and, anytreasureror chairmanofanycommitteedesignatedas a principal campaign committee or subsidiary committee of such a candidate, and the elected governor for a gubernatorial transition or inauguration.
* * * Section 2.
R.S.
18:1491.7(B)(22) is hereby repealed.
Section 3.
The provisions of this Act shall become effective on January 1, 2027.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.