| PFD Answer regarding whether members of the Louisiana Manufactured Housing Commission are required to file personal financial disclosure statements pursuant to R.S. 42:1124.2.1. |
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The Louisiana Manufactured Housing Commission ("LMHC") was created by R.S. 51.911.26. The Louisiana Manufactured Housing Commission was transferred to the Office of State Fire Marshal within the Department of Public Safety and Corrections, and was task with exercising its powers, duties, functions, and responsibilities in accordance with R.S. 36:803.1. The LMHC's operations are supported by the employees of the Office of State Fire Marshal as the LMHC has no employees and it is funded by the Fire Marshal fund, the Louisiana Manufactured Housing Commission Fund, and the HUD Federal Fund. The Executive Director is an employee of the State Fire Marshal's office. Pursuant to R.S. 51.911.28, the LMHC makes no decisions regarding the Louisiana Manufactured Housing Commission Fund.
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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. 36:803 A.(1) The agencies transferred in accordance with this Section, all of which are charged by law with the responsibility for the regulation, examination, certification, and licensing of persons in this state, and the enforcement of the laws relating thereto, shall continue to be composed and selected as provided by law, and each shall continue to exercise all of the powers, duties, functions, and responsibilities provided or authorized for each by the constitution or laws which are in the nature of policymaking, rulemaking, certification, licensing, regulation, enforcement, or adjudication and also shall continue to exercise all advisory powers, duties, functions, and responsibilities provided by law. (2) In addition, each of those agencies shall continue to impose, collect, and retain license or certification fees as provided by law; issue and renew certificates for qualified applicants, set standards for and approve the preparation, conduct, and administration of its own examinations, and be responsible, as otherwise provided by law, for carrying out the laws relative to its profession or occupation to the extent that such laws provide for rulemaking, certification, licensing, regulations, testing, inspection, enforcement, and adjudication by the agency. (3) Each such agency shall be subject to budget review of the undersecretary and shall be required to comply with all accounting, reporting, audit, and review requirements which are applicable to budget units. The undersecretary of the department to which each such agency is transferred shall, under the supervision and control of the secretary, review procurement and contract management for the agency. In addition, the license fees and any other fees charged by such agencies shall be subject to review by the secretary, and the secretary may make recommendations to the legislature for changes in such fees as he deems necessary. (4) The secretary of the department to which each such agency is transferred shall review the number of employees which the agency may employ; however, the executive head of the agency shall employ, appoint, remove, assign, and promote such personnel, in accordance with applicable civil service laws, rules, and regulations and subject to other applicable laws.
B. Each of the agencies referred to in Subsection A of this Section shall be required to comply with the provisions of the "Louisiana Licensing Agency Budget Act" as contained in R.S. 39:1331 through 1342.
La. R.S. 51:911.28B. All fees or fines collected under the provisions of this Part or Part XIV-B of this Chapter shall be collected and received by the executive director of the commission and, upon receipt, shall be deposited by him into the state treasury and, after compliance with the provisions of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, shall be credited to the Louisiana Manufactured Housing Commission Fund which is hereby created as a special fund in the state treasury. Monies in the Louisiana Manufactured Housing Commission Fund shall be appropriated by the legislature for use solely for the purposes of the activities of the commission in implementing and enforcing the provisions of this Part and Part XIV-B of this Chapter.
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Advise members of the Louisiana Manufactured Housing Commission are not required to file annual PFDs.
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| Assigned Attorney: |
Tracy Barker |
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