§1124.2.1. Financial disclosure; members of boards and commissions
A. Each of the following, except a person who is required to file a financial
statement pursuant to R.S. 42:1124 or 1124.2, shall annually file a financial statement as
provided in this Section:
(1) Each member and any designee of a member of a board or commission that has
the authority to expend, disburse, or invest ten thousand dollars or more of funds in a fiscal
year.
(2) Each member of the State Civil Service Commission.
(3) Each member of the Board of Commissioners of the Louisiana Stadium and
Exposition District.
(4) The executive director or person holding the equivalent position of each state and
statewide retirement system specified in R.S. 11:4.
B.(1) The financial statement required by this Section shall be filed by May fifteenth
of each year during which the person holds an office included in Subsection A of this Section
and, except as provided in Paragraph (2) of this Subsection, by May fifteenth of the year
following the termination of the holding of such office. The financial statement shall include
the information required by Subsection C of this Section for the preceding calendar year.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, if the holding
of the office or position terminates in the month of January, the person shall not be required
to file a financial statement pursuant to this Section in the year following the termination of
the holding of the office or position if the person files a financial statement by May fifteenth
of the year in which the holding of the office or position terminated containing the
information required by Subsection C of this Section for the period in which the person held
the office or position during that year.
C. The financial statement required by this Section shall be filed on a form
prescribed by the Board of Ethics and shall include the following information:
(1) The full name and mailing address of the individual who is required to file.
(2) The full name of the individual's spouse, if any, and the spouse's occupation and
principal business address.
(3) The name of the employer, job title, and a brief job description of each full-time
or part-time employment position held by the individual or spouse.
(4)(a) The name, address, brief description of, and nature of association with and the
amount of interest in each business in which the individual or spouse is a director, officer,
owner, partner, member, or trustee, and in which the individual or spouse, either individually
or collectively, owns an interest which exceeds ten percent of that business.
(b) The name, address, brief description of, and nature of association with a nonprofit
organization in which the individual or spouse is a director or officer.
(5) The name, address, type, and amount of each source of income received by the
individual or spouse, or by any business in which the individual or spouse, either individually
or collectively, owns an interest which exceeds ten percent of that business, which is received
from any of the following:
(a) The state or any political subdivision as defined in Article VI of the Constitution
of Louisiana.
(b) Services performed for or in connection with a gaming interest as defined in R.S.
18:1505.2(L)(3)(a).
(6) A certification that such individual has filed his federal and state income tax
returns, or has filed for an extension of time for filing such tax return.
(7) One of the following:
(a) A certification that neither the individual nor any member of his immediate
family had a personal or financial interest in any entity, contract, or business or a personal
or financial relationship that in any way posed a conflict of interest which affected the
impartial performance of the individual's duties as a member of the board or commission.
(b) A statement describing each conflict and any action the individual took to resolve
or avoid the conflict.
D. For the purposes of this Section, the following words shall have the following
meanings:
(1)(a) "Board or commission" shall mean:
(i) Each board, commission, and like entity created by law or executive order that
is made a part of the executive branch of state government by the provisions of Title 36 of
the Louisiana Revised Statutes of 1950, or that is placed in an executive branch department
or in the office of the governor or lieutenant governor by law or executive order, or that
exercises any authority or performs any function of the executive branch of state government.
(ii) Each board, commission, and like entity created by the constitution, by law, by
a political subdivision, except as provided in Subparagraph (b) of this Paragraph, or jointly
by two or more political subdivisions as a governing authority of a political subdivision of
the state or of a local government.
(b) "Board or commission" shall not mean:
(i) The governing authority of a parish.
(ii) Any board or commission or like entity that governs a political subdivision
created by a single parish governing authority of a parish with a population of two hundred
thousand or less, or any subdistrict of such a political subdivision.
(iii) The governing authority of a municipality.
(iv) Any board or commission or like entity that governs a political subdivision
created by a single municipal governing authority of a municipality with a population of
twenty-five thousand or less, or any subdistrict of such a political subdivision.
(v) A board of directors of a private nonprofit corporation that is not specifically
created by law.
(vi) Any board or commission that does not have the authority to expend, disburse,
or invest more than fifty thousand dollars of funds in a fiscal year and whose members are
not eligible to receive any compensation, per diem, or reimbursement of expenses for service
on the board or commission.
(vii) Any board or commission that is the governing authority of a special district
established by Chapter 29 of Title 33 of the Louisiana Revised Statutes of 1950 or pursuant
to Chapter 30-A of Title 33 of the Louisiana Revised Statutes of 1950 for the purpose of
improvement or beautification of the district or promoting and adding to the security of
district residents, provided that the boundaries of the special district are not coterminous with
the boundaries of a parish or municipality and provided that the board or commission does
not have the authority to collect, expend, disperse, or invest more than five hundred thousand
dollars of funds in a fiscal year.
(2) "Business" shall have the same meaning as provided in R.S. 42:1124.
(3)(a) "Income" for a business shall mean gross income less both of the following:
(i) Costs of goods sold.
(ii) Operating expenses.
(b) "Income" for an individual shall mean taxable income and shall not include any
income received pursuant to a life insurance policy.
(4) "Public office" shall have the same meaning as provided in R.S. 18:1483.
Acts 2008, No. 472, §1, eff. Jan. 1, 2009; Acts 2012, No. 574, §2, eff. Jan. 1, 2013;
Acts 2015, No. 450, §1, eff. July 1, 2015; Acts 2016, No. 410, §1; Acts 2018, No. 538, §1.