Terms Used In Louisiana Revised Statutes 42:1125

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Board: means the Board of Ethics. See Louisiana Revised Statutes 42:1102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Person: means an individual or legal entity other than a governmental entity, or an agency thereof. See Louisiana Revised Statutes 42:1102
  • Service: means the performance of work, duties, or responsibilities, or the leasing, rental, or sale of movable or immovable property. See Louisiana Revised Statutes 42:1102

A.(1)  Any contribution received and accepted by the person elected governor, or any person on his behalf, following the date of his election and expenditures made from such contributions shall be reported by the governor to the Board of Ethics as provided for in this Section.

(2)  The person elected governor and any person accepting contributions on his behalf shall not accept contributions totaling more than five thousand dollars from any person.

B.  As used in this Section:

(1)  “Contribution” means a gift, loan, conveyance, payment, or deposit of money or any thing of value, including an in-kind contribution, made for the purpose of supporting the transition and any event, activity, or fund associated with the inauguration of the governor-elect.  However, “contribution” shall not include funds received pursuant to La. Rev. Stat. 49:209 or the receipt and acceptance of a campaign contribution as defined in La. Rev. Stat. 18:1483(6).

(2)  “Expenditure” means any use of a contribution.

(3)  “Transition” means the effort to organize the operations of the governor-elect and includes the acquisition of funds to cover necessary office expenses, including the rental of office space, the employment of clerical and other assistance, and office provisions such as stationery, postage, telephone service, or other similar charges.

C.  On or before the sixtieth day after the gubernatorial inauguration and by February fifteenth annually thereafter until all contributions have been expended or used, the governor shall file an all-inclusive report with the Board of Ethics which shall state:

(1)  The full name and address of each person, natural or legal, who has made a contribution.

(2)  The date and amount of each contribution and a brief description and valuation of each in-kind contribution.

(3)  The full name and address of each person to whom an expenditure was made and the amount, date, and purpose of each expenditure and a description of the use of each in-kind contribution.

D.  All reports required by this Section shall be:

(1)  Filed electronically through the Board of Ethics Computerized Data Management System as provided in La. Rev. Stat. 42:1158.

(2)  Filed on forms prepared for this purpose by the Board of Ethics.  Such forms shall be substantially similar to forms used for filings of campaign finance reports for candidates for statewide office prepared by the board acting as the Supervisory Committee on Campaign Finance Disclosure.

(3)  Accompanied by an affidavit by the governor certifying that the information contained in the report is true and correct to the best of his knowledge, information, and belief.

E.  The governor shall be immune from civil liability as a result of any disclosure made pursuant to this Section.

F.  Notwithstanding any other provision of law to the contrary, all information required to be reported pursuant to this Section shall be public record, and all financial records of the transition and inauguration, including those of any legal entity that accepts contributions or makes expenditures for the transition or inauguration, shall be considered public records subject to the provisions of La. Rev. Stat. 44:1 et seq.

Acts 1997, No. 1263, §1; Acts 2008, 1st Ex. Sess., No. 4, §1, eff. April 26, 2008; Acts 2008, No. 514, §2, eff. June 30, 2008; Acts 2009, No. 430, §1, eff. July 7, 2009.