| Advisory opinion regarding whether members of boards and commissions within the jurisdiction of the Office of the Lieutenant Governor and Department of Culture, Recreation & Tourism are subject to the financial disclosure requirements under La. R.S. 42:1124.2.1. |
|
Ms. Moore submitted a chart with her request that listed the board or commissions, the purpose and function of the boards or commissions, and the board's or commission's oversight and fiscal responsibility. This chart has been incorporated into and made a part of the advisory opinion as Exhibit A.
According to Exhibit A, the following boards or commissions are under the jurisdiction of the Office of the Lieutenant Governor: Encore Commission; Volunteer Louisiana Commission; and the Louisiana Council on the Social Status of Black Men and Boys. According to Exhibit A, the following boards or commissions are under the jurisdiction of the Office of the Secretary: New Orleans City Park Improvement Association Board of Commissioners and the Louisiana Seafood Promotion and Marketing Board. According to Exhibit A, the following boards or commissions are under the jurisdiction of the Office of Cultural Development: Louisiana Archaeological Survey and Antiquities Commission; Louisiana Folklife Commission; Louisiana National Register Review Committee; Louisiana State Arts Council; Council for the Development of French in Louisiana; and, the Louisiana Historic Cemetery Trust Fund Advisory Board. According to Exhibit A, the following is under the jurisdiction of the Office of State Parks: State Parks and Recreations Commission. According to Exhibit A, the following boards or commissions are under the jurisdiction of the Office of Tourism: Atchafalaya Trace Commission; Louisiana Byways Commission; Louisiana Tourism Development Commission; and, Louisiana Tourism Promotion District Board of Directors. According to Exhibit A, the following boards or commissions are under the jurisdiction of the Office the State Library: Board of Commissioners of the State Library of Louisiana and State Board of Library Examiners. According to Exhibit A, the following boards or commissions are under the jurisdiction of the Office of the State Museum: Board of Directors of the Louisiana State Museum; Louisiana Civil Rights Museum Advisory Board; Louisiana Naval War Memorial Commission; and, the Kenner Naval Museum Commission.
|
|
La. R.S. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year on or before May 15th of each year during which the person holds office and the year following termination of the holding of such office.
La. R.S. 42:1124.2.1(D)(1)(a) defines a board or commission as (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.
La. R.S. 42:1124.2.1D(1)(b) states that a "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, or (vi) any board or commission that does not have the authority to expend, disburse, or invest more than $50,000 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.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|